The Philippines has a representative democracy modelled on the political system of the United States of America.

Executive power is vested in the President (Article 7, paragraph 1 of the Constitution). The Vice-President has the same qualifications as the President, and may be appointed as a member of the cabinet. Such appointment requires no confirmation.

The President and the Vice-President are elected directly by universal suffrage (Article 7, paragraph 4 of the Constitution). No person who has succeeded a President and has served as such for more than four years is qualified for election to the same office again. The President nominates and, with the consent of the Commission on appointments, appoints the Heads of the executive departments, ambassadors, other public ministers and consuls, and certain officers of the armed forces (Article 7, paragraph 16 of the Constitution). He or she also appoints all other officers of Government whose appointments are not otherwise provided for by law.

The President and the Vice-President are elected for a term of six years (Article 7, paragraph 4 of the Constitution). The President may not be eligible for any re-election. The Vice-President has the same term of office as the President. No Vice-President may serve for more than two successive terms. Voluntary renunciation of the office for any length of time is not considered as an interruption in the continuity of the service for the full term for which he or she was elected. Members of the cabinet serve at the pleasure of the President. Members of the House of Representatives are elected for a term of three years (Article 6, paragraph 7 of the Constitution). No deputy may serve for more than three consecutive terms.

No member or senator may hold any other office or employment in Government, or any subdivision, agency, or instrumentality thereof, including Government-owned or Government-controlled corporations or their subsidiaries, during his or her term without forfeiting his or her seat (Article 6, paragraph 13 of the Constitution). Neither may they be appointed to any office that may have been created, nor the emoluments thereof increased, during the term for which they were elected.

• Circumstances

Not applicable

• Modalities

Not applicable

The President has control of all the executive departments, bureaus, and offices (Article 7, paragraph 17 of the Constitution). The members of the cabinet are thus directly accountable to him or her. However, the Constitution provides for a system of checks and balances that enables Congress to exercise oversight on the affairs of the executive.

• Oral and written questions of parliamentarians

Questions may only be asked for fact-finding purposes and may not give rise to a debate. However, the heads of departments may, upon their own initiative, with the consent of the President, or upon the request of the House of Representatives appear before and be heard by the House of Representatives on any matter pertaining to their departments (Article 6, paragraph 22 of the Constitution). Written questions must be submitted to the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations are not limited to written questions, but may cover matters related thereto. When the security of the state, or the public interest so requires, and the President so states in writing, such appearances are conducted in executive session.

• Government reports to Parliament

The President addresses Congress at the opening of its regular session and may also appear before it at any other time (Article 7, paragraph 23 of the Constitution).

• Vote of confidence on Government programs and/or legislative proposals

Not applicable

• Motions of censure and votes of no confidence (sub-report)

• Dismissal and/or impeachment of Government and other public officials (sub-report)

The President addresses the Congress at the opening of its regular session. The President may also appear before Congress at any time (Article 7, Section 23 of the Constitution). The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, appear before and be heard by such House on any matter pertaining to their departments (Article 6, Section 22 of the Constitution).

The Congress may exercise its oversight function over the actions of the executive department through congressional committee hearings and inquiries in aid of legislation.

• Committees of inquiry and missions to Government departments

The House of Representatives or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure (Article 6, paragraph 21 of the Constitution). The rights of persons appearing in, or affected by, such inquiries must be respected.

• Oral and written questions of parliamentarians

Written questions are submitted to the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations are not limited to written questions, but may cover matters related thereto. When the security of the state, or the public interest, so requires, and the President so states in writing, the appearances are conducted in executive session. Subpoenaed persons are required to furnish the information asked, under pain of being punished for contempt.

• Role of Parliament in the appointment of senior Government officials

The President nominates and appoints the Heads of the executive departments, ambassadors, other public ministers and consuls, and certain officers of the armed forces (Article 7, paragraph 16 of the Constitution). These appointments are subject to the consent of the Commission on Appointments, composed of 13 senators and 12 members of the House of Representatives.

• Activity reports of the Government administration and of public services or establishments

Government financial institutions and Government-owned or Government-controlled corporations submit activity reports to the parliament when their charters so require. Departments of Government must do so when required by Congress pursuant to its oversight functions.

• Representation of Parliament in governing bodies of the Government administration

The chairman of the committee on education of the House of Representatives is a member of the governing bodies of state-run colleges and universities. The chamber is also represented in various advisory bodies, such as the legislative-executive development advisory council, the literacy coordinating Council, the Philippine National AIDS Council and the joint executive-legislative water crisis commission.

• Mode for appointing an ombudsman

The independent office of the Ombudsman is composed of the Ombudsman (Tanodbayan), one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao (Article 11, paragraph 5 of the Constitution). A separate Deputy for the military establishment may likewise be appointed. The Ombudsman and his or her deputies are appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments require no confirmation.

• Relationship to Parliament

The office of the Ombudsman is an independent institution. The Ombudsman and his or her deputies, as protectors of the people, act promptly on complaints filed in any form or manner against public officials or employees of Government, or any subdivision, agency or instrumentality thereof, including Government-owned or Government-controlled corporations, and notify, in appropriate cases, the complainants of the action taken and the result.

The President submits to Congress, within 30 days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures (Article 7, paragraph 22 of the Constitution).

• Examination of the budget / finance act by Parliament

All appropriation, revenue or tariff bills, bills authorising increase of the public debt, bills of local application, and private bills, originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments (Article 6, paragraph 24 of the Constitution). Congress may not increase the appropriations recommended by the President for the operation of Government as specified in the budget. No provision or enactment may be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment may be limited in its operation to the appropriation to which it relates.

• Reports on the budget / finance act by Committees

Congress exercises budgetary oversight through the committees concerned, particularly the House Committee on appropriations, through examination of the general appropriations bill and through reports from the committee on appropriations. The proposed budget is examined, discussed and deliberated in the light of the accomplishment reports submitted by the agencies concerned. Hearings are conducted for the purpose of drafting the general appropriation bill. The draft bill is then submitted to the House of Representatives for further amendments, debates and interpellations.

• Defence budget

Congress exercises oversight over all public funds.

• Budget of special departments

Congress exercises oversight over all public funds.

• Role of Parliament in national development plans

The national economic and development authority serves as planning agency independent of Government. Congress exercises oversight over its funds.

There is no set deadline for the examination and adoption of the general appropriation bill by Congress.

If, by the end of any fiscal year, Congress has failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year is deemed re-enacted and remains in force and effect until the new bill is passed by Congress.

The procedure for approving appropriations for Congress strictly follows the procedure for approving appropriations for other departments and agencies. The budget of the legislature is thus included in the general appropriation act.

• Government reports to Parliament about public spending periodically:   Yes

• Within 30 days after the end of a quarter, each department, bureau, office or agency is required to submit a quarterly report to Congress, particularly to the House Committee on appropriations, on their cumulative allotments, obligations incurred or liquidated, total disbursements, and non-compulsory or unexpended appropriations. The committee may also create an ad-hoc committee to exercise oversight of the implementation of the budget on a case-by-case basis.

The House committees have jurisdiction to monitor and inquire as to the interests of Government in different public corporations.

The Commission on Audit has the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including Government-owned or Government-controlled corporations with original charters (Article 19, paragraph D, sub-section 2 of the Constitution). The commission is composed of a chairman and two commissioners, who are appointed by the President with the consent of the Commission on Appointments for a term of seven years without re-appointment.

• Reports of the public auditor's office

The commission has exclusive authority to define the scope of its audit and examination, establishes the required techniques and methods, and promulgates accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of Government funds and properties. No law may be passed exempting any agency of Government or its subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit. The commission submits to the President and to Congress an annual report covering the financial condition and operation of Government, its subdivisions, agencies, and instrumentalities, and recommends measures necessary to improve their effectiveness and efficiency. It also submits such other reports as may be required by law.

• Foreign Relations Committee (sub-report)

• Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Congress exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

• Plenary debates on foreign policy issues

Discussions and debates on foreign policy issues take place in the plenary sessions of Congress. Members deliver speeches with the protection of privilege on foreign policy issues and debate on bills and resolutions with foreign policy implications. Congress has passed many resolutions urging the executive to undertake a particular action in foreign affairs.

• Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in intergovernmental meetings at the request of the Government.

• Modalities and procedures for ratifying international treaties and agreements (sub-report)

• Other mechanisms for participation in foreign policy by Parliament

No other means in addition to the above.

• National Defence Committee (sub-report)

• Parliamentary oversight of public arms manufacturing companies

Not applicable

• Modalities and procedures in case of war, an armed attack or a state of emergency

Congress, by a vote of two-thirds of both chambers in joint session assembled, voting separately, has the sole power to declare the existence of a state of war (Article 6, paragraph 23 of the Constitution). In times of war or other national emergency, Congress may, by law, authorise the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of Congress, such powers cease upon the next adjournment thereof.

• Role of Parliament in sending troops abroad

Not applicable

• Other mechanisms for participation in national defence policy by Parliament

No other means in addition to the above.

The President, whenever it becomes necessary, may call out armed forces to prevent or suppress lawless violence, invasion or rebellion (Article 7, paragraph 18 of the Constitution). In case of invasion or rebellion, when public safety requires it, he or she may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place the country or any part thereof under martial law. Within 48 hours from the proclamation of martial law or the suspension of the mentioned privileges, the President submits a report in person or in writing to Congress. The latter, voting jointly, by a vote of at least a majority of all its members in regular or special session may revoke such proclamation or suspension, which revocation may not be set aside by the President. Upon the initiative of the President, Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by Congress, if the invasion or rebellion persists and public safety requires it.

Congress, if not in session, convenes in accordance with its rules without need of a summons within 24 hours following such proclamation or suspension. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within 30 days from its filing. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorise the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The existence and functioning of Congress is not affected in these circumstances. The suspension of the privilege of the writ of habeas corpus applies only to persons judicially charged for rebellion or offences inherent in, or directly connected with, invasion. During the suspension of the privilege, any person thus arrested or detained is judicially charged within three days or released. Moreover, in times of national emergency, when the public interest so requires, the state may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

• Body ruling on the constitutionality of laws:    Supreme Court / Tribunal

The Supreme Court is composed of a Chief Justice and 14 Associate Justices (Article 8, paragraph 4 of the Constitution). It may sit as a full bench or in its discretion, in division of three, five, or seven members. The Justices of the Supreme Court and Judges of the lower courts are appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. For the lower courts, the President issues the appointments within 90 days from the submission of the list.

• Means and procedures

All cases involving the constitutionality of a treaty, international or executive agreement, or law, which are heard by the full bench of the Supreme Court, and all other cases which under the rules of court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, are decided with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon.

Cases or matters heard by a division are decided or resolved with the concurrence of a majority of the Justices who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Justices. When the required number is not obtained, the case is decided en banc, provided that no doctrine or principle of law laid down by the court in a decision rendered by the full bench or in division may be modified or reversed except by the court sitting in full bench.

Not applicable

Not applicable