REPUBLIC OF THE PHILIPPINES
CONSTITUTION The Philippines is an archipelago island republic in the South China Sea. A colony of Spain from the 16th Century, and ceded to America in 1898 under the Treaty of Paris, the United States recognized the Philippines’ independence on July 4, 1946 as part of the Treaty of Manila. Since Filipino independence, the county has had three different constitutions. The Constitution currently in effect is known as the 1987 Constitution. It was adopted on February 11, 1987, during the administration of President Corazon Aquino, with ratification by 76% of the
country’s population. President Aquino and the 1987 Constitution were installed as a result of the non-violent People Power Revolution in Manila. The previous constitution had been adopted in 1973. President Ferdinand Marcos, president from 1965 until 1987, was sent into exile. The 1987 Constitution establishes separation of powers with three main branches of government: the executive, legislative and judicial. The Constitution of the Philippines offers similar protections to those offered in the American Constitution: equal protection and due process of law, free speech, freedom from unwarranted searches and seizures, freedom to exercise religion, the right against self-incrimination, and the right to habeas corpus. The Philippines was the first country in Asia to abolish the death penalty with the 1987 Constitution. However, six years afterwards, the death penalty was reinstated and remained in effect until 2006, when it was again repealed by President Gloria Macapagal Arroyo.
EXECUTIVE AUTHORITY The executive authority in the Philippines is vested in the Filipino President, currently Benigno S. Aquino III, the son of former president Corazon Aquino. The president is directly elected by the people and serves and the head of government, head of state, and commander-in-chief
of the armed forces. The President serves a six year term with no option for reelection. The most recent elections in the Philippines took place in May 2010. As provided for in the 1987 Constitution, elections are held on the second Monday in May, and the President and Vice-President are inaugurated on June 30. The Vice-President is second in command after the President, and first in line to take power should the President become incapacitated. The current vice president is Jejomar Binay.
LEGISLATIVE BODY The legislative branch is composed of the Congress of the Philippines. The Congress is bicameral, with a Senate and House of Representatives. Representatives to Congress are directly elected by the people. The Congressional system is very similar to that in America: Congress enacts the laws, subject to the veto power of the president, which may be overturned by a two-thirds vote in favor of the legislation. The Philippines has twenty-four Senators elected every three years. The House of Representatives has 250 members in two categories: 1) district representations, and 2) sectoral representatives. The district representatives represent a geographic district, either one of the Philippines 79 provinces or a city district. The sectoral representatives
represent minority sectors of the population, because the minorities might not otherwise be adequately represented through the geographic districts.
JUDICIAL SYSTEM The Supreme Court of the Philippines is the highest tier of the judiciary. The president appoints the justices of the Supreme Court on recommendation from the Judicial and Bar Council. The Constitution vests the Supreme Court with the power of judicial review. One chief justice and 14 associate justices sit on the Supreme Court. The Supreme Court is responsible for interpreting the 1987 Constitution and hearing appeals from lower courts. Directly below the Supreme Court is the 17 division national Court of Appeals. The 68 associate judges and one presiding judge review decisions from the trial courts, as well as decisions from the Philippines’ Tax Court. The Philippines also has a court, the Sandiganbayan, specifically devoted to government corruption and civil and criminal offenses committed by government employees. It is at the same level as the Court of Appeals. The trial courts are organized locally and regionally. In each metropolitan area, there is a Metropolitan Trial Court. In each municipal
area, there in a Municipal Trial Court. In smaller, more remote areas, municipalities are grouped together and served buy a Municipal Circuit Trial Court. The Regional Trial Courts may hear appeals from any of the lower courts trial courts. Criminal cases of a serious nature, including kidnapping, robbery, drugs, and other “heinous” crimes are specifically heard by Regional Trial Courts so that they may be decided more quickly. In addition to the formal judicial system, local mediators act to resolve disputes outside the court system. In 1997, a Republic Act No. 8369 established family courts in every province and city specifically to deal with juvenile offenders. In the Islamic province of Mindanao, a Shari’a court hears contractual and domestic disputes for Muslim citizens. The Moro Islamic Liberation Front is an 11,000 member rebel group in the southern Philippines led by Mohagher Iqbal. The group is funded and supported by Middle Eastern and Northern African organizations. From the 1960s until recently, MILF sought establishment of an independent Islamic state. Over 120,000 people have died in the conflict over establishment of an independent Islamic state in Mindanao, Southern Philippines. On September 23, 2010, MILF redefined the mission and announced it would seek to establish an Islamic sub-state of the
Philippines, rather than an independent state. Iqbal proposes the semiautonomous sub-state will establish its own currency, national defense, foreign affairs, and postal services. Peace negotiations continue. IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS The Republic of the Philippines has ratified twelve of the sixteen United Nations international legal instruments against terrorism.
Ratified
Yet to be Ratified
The Aircraft Convention: 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft Ratified: November 26, 1965 The Unlawful Seizure Convention: 1970 Convention for the Suppression of Unlawful Seizure of Aircraft Ratified: March 26, 1973 The Civil Aviation Convention: 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: March 26, 1973 The Diplomatic Agents Convention: 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Ratified: November 26, 1976 Hostages Convention: 1979 International Convention against the Taking of Hostages
Nuclear Terrorism Convention: 2005 International Convention for the Suppression of Acts of Nuclear Terrorism 2005 Amendment to the Convention on the Physical Protection of Nuclear Material
2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 2005 Protocol for the Suppression of Unlawful Acts against the safety of fixed platforms located on the Continental Shelf
Ratified: October 14, 1980 Nuclear Materials Convention: 1980 Convention on the Physical Protection of Nuclear Material Ratified: September 22, 1981 Airport Protocol and Montreal Convention on Air Safety: 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: December 17, 2003 Maritime Convention: 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Ratified: January 6, 2004 Fixed Platform Protocol: 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf Ratified: January 6, 2004 Plastic Explosives Convention: 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection Ratified: December 17, 2003 Terrorist Bombing Convention: 1997
International Convention for the Suppression of Terrorist Bombings Ratified: January 7, 2004 Terrorist Financing Convention: 1999 International Convention for the Suppression of the Financing of Terrorists Ratified: January 7, 2004
In addition, the Philippines are working to implement UN Resolutions 1373 and 1624 and have made four reports to the United Nations CounterTerrorism Committee on the county’s progress. The Philippines has a three tiered plan to combat terrorism: 1) prevent an attack from occurring; 2) prepare national, local, private sector and non-governmental capabilities to respond to an attack; and 3) address the political, social, and economic underpinnings to terrorism. Since the Philippines is an island nation, much of the country’s focus has been maritime. The Philippines is developing anti-piracy programs and programs to stop transnational crime. The Philippines is working with the United States Navy in training exercises to meet security threats at sea. The Philippines is also implementing resolution 1373 with legislation, including an anti-money laundering act. The Philippines made its last report in 2005, and thus has not yet reported on the implementation of UN resolution 1624.
CORRUPTION AND GOVERNANCE The Philippines rank 134th out of 178 countries on the Global Corruption Perception Index. Sixty-nine percent of Filipino respondents reported that corruption in the Philippines has risen in the last three years. Political parties and the police tie as the institution perceived to be the most corrupt in the country. Sixteen percent of Filipino residents report paying a bribe in the past year. The Philippines hold largely steady in regard to governance indicators. The weakest indicator is political stability, where the Philippines fall in the 10 to 25 percentile. The Philippines is relatively strong on voice and accountability, government effectiveness and regulatory quality.