MODIFIED LEARNER ENROLLMENT AND SURVEY FORM

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The Judicial Branch

INTRODUCTION

Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)).

The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature below the appropriated amount the previous year (Art. VIII, Sec. 3).

RULES AND PROCEDURES

The Rules of Court of the Philippines, as amended and the rules and regulations issued by the Supreme Court, define the rules and procedures of the judiciary. These rules and regulations are in the form of administrative matters, administrative orders, circulars, memorandum circulars, memorandum orders, and OCA circulars.  The Supreme Court disseminates these rules and regulations to all courts, publishes important ones in newspapers of general circulation, prints them in book or pamphlet form, and uploads them to the Supreme Court website and the Supreme Court E-Library website.

On June 21, 1988, the Supreme Court promulgated the Code of Professional Responsibility for the legal profession.  The draft was prepared by the Committee on Responsibility, Discipline and Disbarment of the Integrated Bar of the Philippines.

APPOINTMENTS TO THE JUDICIARY

By virtue of Article VIII, Section 8, appointments to the judiciary are made by the President of the Philippines based on a list submitted by the Judicial and Bar Council which is under the supervision of the Supreme Court.  Its principal function is to screen prospective appointees to any judicial post. It is composed of the chief justice as ex-officio chairman, the Secretary of Justice and representatives of Congress as ex-officio members, and a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court and a representative of the private sector as members.

PHILIPPINE JUDICIAL ACADEMY

The Philippine Judicial Academy (PHILJA) is the “training school for justices, judge, court personnel, lawyers and aspirants to judicial posts.”   It was originally created by the Supreme Court on March 16, 1996 by virtue of Administrative Order No. 35-96, and was institutionalized on February 26, 1998 by virtue of Republic Act No. 8557.  No appointee to the bench may commence the discharge his adjudicative function without completing the prescribed court training in the academy. Its organizational structure and administrative setup are provided for by the Supreme Court in its en banc resolution (Revised A.M. No. 01-1-04-sc-PHILJA).

PHILIPPINE MEDIATION CENTER

The Philippine Mediation Center was organized pursuant to the en banc Supreme Court Resolution A.M. No. 01-10-5-SC-PHILJA, dated October 16, 2001, and in line with the objectives of the Action Program for Judicial Reforms (APJR) to decongest court dockets, among others, the court prescribed guidelines in institutionalizing and implementing the mediation program in the Philippines. The same resolution designated the Philippine Judicial Academy as the component unit of the Supreme Court for Court-Annexed Mediation and other Alternative Dispute Resolution (ADR) mechanisms, and established the Philippine Mediation Center (PMC).

Mandatory Continuing Legal Education Office was organized to implement the rules on Mandatory Continuing Legal Education for members of the Integrated Bar of the Philippines (B.M. No. 850 – “Mandatory Continuing Legal Education (MCLE)). It holds office in the Integrated Bar of the Philippines main office.

KATARUNGANG PAMBARANGAY

Presidential Decree No. 1508, or the Katarungang Pambarangay Law, took effect on December 11, 1978, and established a system of amicably settling disputes at the barangay level.  This decree and the Local Government Code provided rules and procedures, Title I, Chapter 7, Sections 339-422. This system of amicable settlement of dispute aims to promote the speedy administration of justice by easing the congestion of court dockets.  The court does not take cognizance of cases filed if they are not filed first with the Katarungang Pambarangay.

ALTERNATIVE DISPUTE RESOLUTION (ADR) SYSTEM

Republic Act No. 9285 institutionalized the use of an alternative dispute resolution system, which serves to promote the speedy and impartial administration of justice and unclog the court dockets.  This act shall be without prejudice to the adoption of the Supreme Court of any ADR system such as mediation, conciliation, arbitration or any combination thereof. ↵

THE SUPREME COURT

HISTORY OF THE SUPREME COURT

Royal audencia

The royal audencia was established on May 5, 1583, composed of a president, four oidores (justices) and a fiscal.  The audencia exercised both administrative and judicial functions.  Its functions and structure were modified in 1815 when a chief justice replaced its president and the number of justices was increased.  It came to be known as the Audencia Territorial de Manila with two branches, civil and criminal.  A royal decree issued on July 24, 1861 converted it to a purely judicial body with its decisions appealable to the Court of Spain in Madrid. A territorial audencia in Cebu, and audencia for criminal cases in Vigan were organized on February 26, 1898.

Philippine Revolution and First Republic

In the three phases of the revolution: 1896-1897; 1898; 1899-1901, the exigencies of war prevented the thorough organization of the administration of justice. Katipunan councils, then the provisional governments of Tejeros, Biak-na-Bato, and the Revolutionary Republic proclaimed in Kawit, essentially had General Emilio Aguinaldo exercising decree-making powers instituting ad hoc courts and reviewing any appeals concerning their decisions.

In 1899, when the Malolos Constitution was ratified, it provided for a Supreme Court of Justice. President Aguinaldo proposed the appointment of Apolinario Mabini as Chief Justice, but the appointment and the convening of the Supreme Court of Justice never materialized because of the Philippine-American War.

American military rule

During the Philippine-American War, General Wesley Merrit suspended the audencias when a military government was established after Manila fell to American forces in August, 1898.  Major General Elwell S. Otis re-established the Audencia on May 29, 1899 by virtue of General Order No. 20, which provided for six Filipino members of the audencia.

Establishment of the Supreme Court

With the establishment of civil government, Act No. 136 of the Philippine Commission abolished the audencia and established the present Supreme Court on June 11, 1901, with Cayetano Arellano as the first chief justice together with associate justices—the majority of whom were Americans.

Commonwealth: Filipinization of the Supreme Court

With the ratification of the 1935 Constitution, the membership was increased to 11 with two divisions of five members each.  The Supreme Court was Filipinized upon the inauguration of the Commonwealth of the Philippines on November 15, 1935. The composition of the court was reduced by virtue of Commonwealth Act No. 3. It provided for a Supreme Court, headed by a chief justice with six associate justices.

World War II and the Third Republic

During World War II, the National Assembly passed legislation granting emergency powers to President Manuel L. Quezon; Chief Justice Jose Abad Santos was made concurrent Secretary of Justice and acting President of the Philippines in unoccupied areas. After his capture and execution at the hands of the Japanese, the Commonwealth government-in-exile had no system of courts.

Meanwhile, the Japanese organized the Philippine Executive Commission in occupied areas on January 8, 1942, which gave way to the Second Republic in October 14, 1943. By the end of World War II, the regular function of the courts had been restored, beginning with the appointment of a new Supreme Court on June 6, 1945. On September 17, 1945, the laws of the Second Republic were declared null and void; a Supreme Court decision on Co Kim Cham v. Eusebio Valdez Tan Keh and Arsenio P. Dizon recognized this.

Martial law

The Supreme Court was retained during the martial law years under rules similar to the 1935 Constitution, but with the exception few key factors, e.g.:

1. The 1973 Constitution further increased the membership of the Supreme Court to 15, with two divisions;
2. The process by which a chief justice and associate justices are appointed was changed under to grant the president (Ferdinand Marcos during this time) the sole authority to appoint members of the Supreme Court. There were five chief justices that were appointed under this provision.

PRESENT-DAY SUPREME COURT

Pursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a chief Justice and 14 associate justices who serve until the age of 70. The court may sit en banc or in one of its three divisions composed of five members each. The chief justice and associate justices are appointed by the President of the Philippines, chosen from a shortlist submitted by the Judicial and Bar Council. The president must fill up a vacancy within 90 days of occurrence.

Article VIII, Section 4 (2) of the constitution explicitly provides for the cases that must be heard en banc, and Section 4 (3) for cases that may be heard by divisions.

The Judiciary Reorganization Act of 1980 transferred the administrative supervision of all courts and their personnel from the Department of Justice to the Supreme Court.  This was affirmed by  Article VIII, Section 6 of the 1987 Constitution.  To effectively discharge this constitutional mandate, the Office of the Court Administrator (OCA)  was created under Presidential Decree No. 828, as amended by Presidential Decree No. 842 (and its functions further strengthened by a resolution of the Supreme Court en banc dated October 24, 1996). Its principal function is the supervision and administration of the lower courts throughout the Philippines and all their personnel. It reports and recommends to the Supreme Court all actions that affect the lower court management.  The OCA is headed by the court administrator, three deputy court administrators, and three assistant court administrators.

According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises the following powers:

1. Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
2. Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of the lower courts in:
   • All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;
   • All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;
   • All cases in which the jurisdiction of any lower court is in issue;
   • All criminal cases in which the penalty imposed is reclusion perpetua or higher;
   • All cases in which only an error or question of law is involved;
3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignments shall not exceed six months without the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.

1. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts; the admission to the practice of law, the Integrated Bar; and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the same grade, and shall not diminish, increase or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
2. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Sec. 5 , id.).

THE CHIEF JUSTICE

THE INCUMBENT

Ma. Lourdes P. A. Sereno
Tenure as Chief Justice: August 24, 2012 – present
Appointed by: Benigno S. Aquino III
Age at Appointment: 52

Full roster of chief justices

The position of chief justice was created in 1901 by virtue of the establishment of the Philippine Supreme Court. At the time, the chief justice was appointed by the President of the United States: the court was composed mainly of American citizens with a Filipino chief justice. The incumbent Chief Justice, Ma. Lourdes P.A. Sereno, appointed by President Benigno S. Aquino III, took her oath of office on August 25, 2012. She is the first woman to hold the position.

There were six chief justices appointed by the President of the United States. In 1935, upon the inauguration of the Commonwealth of the Philippines, the power to appoint the chief justice was transferred to the President of the Philippines. According to the 1935 Constitution, the President of the Philippines shall make appointments with concurrence of the National Assembly. There have been six Chief Justices who were appointed under the 1935 Constitution. The only chief justice that was not appointed by a president was Chief Justice Jose Yulo, who was in office during the Japanese occupation, from 1942 until the liberation of the Philippines in 1945. During this time, the Chief Justice of the Supreme Court was appointed by the Philippine Executive Committee headed by Jorge B. Vargas.

The 1943 Constitution provided for the members of the Supreme Court and the chief justice to be appointed by the president with the concurrence of his cabinet. Upon the declaration of martial law and the subsequent establishment of the 1973 Constitution, the process of selection of the Chief Justice of the Philippines was changed. The power of Congress to veto an appointment by the president to the office of the chief justice was removed. According to the 1973 Constitution, “The Members of the Supreme Court and judges of inferior courts shall be appointed by the President.” There were five chief justices that were appointed under this provision.

After the revolution of 1986, a new constitution was enacted and a new process of selecting a chief magistrate was created. Former chief justice and 1986 Constitutional Commission delegate Roberto V. Concepcion introduced the concept of the Judicial and Bar Council. The aim of the Council is to de-politicize the judiciary by lessening the appointing power of the president. To read more about the appointment of chief justices, members of the judiciary, and the Office of the Ombudsman.

To date, there have been nine chief justices appointed under the conditions of the 1986 Constitution.

CHIEF JUSTICES LISTED ACCORDING TO APPOINTING PRESIDENT OF THE PHILIPPINES

Of the 15 Presidents of the Philippines, only eight have been able to appoint an individual to the highest judicial post in the land. The following is the list of presidents who appointed chief Jjstices and their appointees.

1. Manuel L. Quezon
   • Jose Abad Santos
2. Sergio Osmeña
   • Manuel V. Moran
3. Elpidio Quirino
   • Ricardo M. Paras
4. Carlos P. Garcia
   • Cesar Bengzon
5. Ferdinand E. Marcos
   • Roberto V. Concepcion
   • Querube Makalintal
   • Fred Ruiz Castro
   • Enrique M. Fernando
   • Felix V. Makasiar
   • Ramon C. Aquino
6. Corazon C. Aquino
   • Claudio Teehankee
   • Pedro L. Yap
   • Marcelo B. Fernan
   • Andres R. Narvasa
7. Joseph Ejercito Estrada
   • Hilario G. Davide
8. Gloria Macapagal Arroyo
   • Artemio Panganiban
   • Reynato Puno
   • Renato C. Corona
9. Benigno S. Aquino III
   • Maria Lourdes P.A. Sereno

Notable chief justices

Of the list of chief justices, there are a few individuals that stand out for having gone above and beyond their duty and tenure as chief justice.

1. Cayetano Arellano: Cayetano Arellano was the first Chief Justice of the Supreme Court. He was appointed in 1901 when the Supreme Court was created through Act No. 136, along with three American justices and one Filipino justice.
2. Ramon Avanceña: Appointed in 1925 by U.S. President Calvin Coolidge, he is known for ushering in an all-Filipino Supreme Court in 1935. Upon the establishment of the Philippine Commonwealth in 1935, American justices were no longer allowed to sit in the Philippine Supreme Court—thus, new justices were appointed, all of whom were of Filipino citizenship.
3. Jose Abad Santos: As a wartime chief justice, Abad Santos took on two different roles; he was the chief justice and concurrently the Secretary of Justice. When President Quezon left the Philippines to evade capture by the Japanese, Abad Santos chose to stay in the country as a caretaker of the government. On May 2, 1942, the Japanese military caught Abad Santos in Cebu and invited him to become one of the members of their puppet government. Abad Santos refused to collaborate. He died at the hands of the Japanese on May 2, 1942. His last words to his son were, “Do not cry, Pepito, show to these people that you are brave. It is an honor to die for one’s country. Not everybody has that chance.”
4. Manuel V. Moran: Appointed in 1945 by President Sergio Osmeña, Manuel V. Moran would serve as Chief Justice of the Supreme Court for six years. Upon his retirement in 1951, Moran was appointed as Philippine Ambassador to Spain and concurrently to the Holy See. During President Quirino’s administration, Moran was once again offered a position in the Supreme Court in 1953, at the twilight of Quirino’s presidency. Moran, however, refused the midnight appointment.
5. Roberto V. Concepcion: He went into early retirement for refusing to grant absolute power to Ferdinand Marcos, the president who appointed him. In the resolution of Javellana v. Executive Secretary, Concepcion argued against the validity of the 1973 Constitution and its questionable aspects. Accordingly, he dissented, along with Justices Teehankee, Zaldivar, and Fernando, from implementing the 1973 Constitution. Due to the court’s decision, Concepcion would enter early retirement, 50 days before his originally scheduled retirement date.
6. Claudio Teehankee: Claudio Teehankee was known for his firm anti-martial law stance during his tenure in the Supreme Court. Teehankee resisted multiple attempts by the Marcos administration to garner absolute power by issuing questionable decrees. In 1973, he was part of the bloc that dissented from the implementation of the 1973 Constitution. In 1980, he dissented from the proposed judicial reorganization act of President Marcos. In 1986, after the EDSA Revolution, he administered the Oath of Office of President Corazon C. Aquino in Club Filipino. He was appointed Chief Justice of the Supreme Court in 1986 by President Corazon C. Aquino
7. Hilario G. Davide: Appointed by President Joseph Ejercito Estrada in 1998, Chief Justice Hilario G. Davide was known as the presiding judge of the first impeachment proceedings in Asia. During the impeachment of President Estrada, he conducted proceedings with impartiality. Following EDSA II uprising, which deposed President Estrada, Davide swore in Gloria Macapagal-Arroyo as the 14th President of the Philippines.
8. Maria Lourdes P.A. Sereno: Appointed by President Benigno S. Aquino III in 2012, Chief Justice Sereno is the first woman appointed to the position.

Court of Appeals

The Court of Appeals is the second highest tribunal in the country, which was established on February 1, 1936 by virtue of Commonwealth Act No. 3. The current form of the Court of Appeals was constituted through Batas Pambansa Blg. 129, as amended by Executive Order No. 33, s. 1986, Republic Act No. 7902, and Republic Act No. 8246.

The jurisdiction of the Court of Appeals are as follows:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission.

The Court of Appeals shall also have the power to try cases and conduct hearings, receive evidence and perform acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or proceedings.

The Court of Appeals is composed of one presiding justice and 68 associate justices, all of which are appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or order, in case of similar appointment dates) of their respective appointments. The qualifications for the justices of the Supreme Court also apply to members of the Court of Appeals.

The current presiding justice of the Court of Appeals is Andres Reyes Jr., who is set to retire on May 11, 2020.

Court of Tax Appeals

The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals, was created by virtue of Republic Act No. 1125, which was signed into law on June 16, 1954. Its present-day form was constituted through RA 1125, as amended by Republic Act No. 9282 and Republic Act No. 9503.

The CTA exercises jurisdiction in the following:

1. Exclusive appellate jurisdiction to review by appeal, as herein provided:
   1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or other laws administered by the Bureau of Internal Revenue;
   2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relations thereto, or other matters arising under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial;
   3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction;
   4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other laws administered by the Bureau of Customs;
   5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals;
   6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code;
   7. Decisions of the Secretary of Trade and Industry, in the case of non-agricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under Republic Act No. 8800, where either party may appeal the decision to impose or not to impose said duties.
2. Jurisdiction over cases involving criminal offenses as herein provided:
   1. Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue Code or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs: Provided, however, that offenses or felonies mentioned in this paragraph where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than P1 million or where there is no specified amount claimed shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate.
   2. Exclusive appellate jurisdiction in criminal offenses:
      1. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases originally decided by them, in their respective territorial jurisdiction.
      2. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of their appellate jurisdiction over tax cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in their respective jurisdiction.
      3. Jurisdiction over tax collection cases as herein provided:
         1. Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes, fees, charges and penalties: Provided, however, that collection cases where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than P1 million shall be tried by the proper Municipal Trial Court, Metropolitan Trial Court and Regional Trial Court.
         2. Exclusive appellate jurisdiction in tax collection cases:
            1. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally decided by them, in their respective territorial jurisdiction.
            2. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the Exercise of their appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in their respective jurisdiction.

The CTA is composed of one presiding justice and 8 associate justices, all of which are appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or order, in case of similar appointment dates) of their respective appointments. The qualifications for the justices of the Court of Appeals also apply to members of the CTA.

The current presiding justice of the CTA is Roman del Rosario, who is set to retire on October 6, 2025.

Sandiganbayan

To attain the highest norms of official conduct among officials and employees in the government, the creation of a special graft court to be known as the Sandiganbayan was provided for in Article XIII, Section 5 of the 1973 Constitution. This court was formally established through Presidential Decree No. 1606, which was signed into law on December 10, 1978.

Through Article XI (Accountability of Public Officers), Section 4 of the 1987 Constitution, the Sandiganbayan was carried over to the post-EDSA Revolution republic. The current form of the Sandiganbayan was constituted through PD 1606, s. 1978, as amended by Republic Act No. 7975 and Republic Act No. 8245.

The Sandiganbayan has jurisdiction over the following:

1. Violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, as amended, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
   1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
      1. Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads;
      2. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city department heads;
      3. Officials of the diplomatic service occupying the position of consul and higher;
      4. Philippine army and air force colonels, naval captains, and all officers of higher rank;
      5. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher;
      6. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;
      7. Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations;
   2. Members of Congress and officials thereof classified as grade 27 and up under the Compensation and Position Classification Act of 1989;
   3. Members of the judiciary without prejudice to the provisions of the constitution;
   4. Chairmen and members of constitutional commissions, without prejudice to the provisions of the constitution; and
   5. All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989.
2. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office.
3. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, s. 1986.

In addition, the Sandiganbayan exercises exclusive appellate jurisdiction over final judgments, resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.

The Sandiganbayan also has exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A issued in 1986.

In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in govemment-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them.

The Sandiganbayan comprises of one presiding justice and 14 associate justices, all of which are appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or order, in case of similar appointment dates) of their respective appointments.

The qualifications to become a member of the Sandiganbayan are as follows:

1. a natural-born citizen of the Philippines;
2. at least 40 years of age
3. has been a judge of a court for at least ten years, or been engaged in the practice of law in the Philippines or has held office requiring admission to the bar as a prerequisite for at least ten years.

The current presiding justice of the Sandiganbayan is Amparo Cabotaje-Tang, who is set to retire on November 8, 2024.

The Legislative Branch

Introduction

According to the 1987 Constitution, legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives.

The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law; the House of Representatives shall be composed of not more than 250 (unless otherwise fixed by law), 20 percent of whom must be Party-list representatives.

The qualifications to become a senator, as stipulated in the constitution, are:

1. a natural-born citizen of the Philippines;
2. at least thirty-five years old;
3. is able to read and write
4. a registered voter; and
5. a resident of the Philippines for not less than two years before election day.

Meanwhile, the constitution provides for the following criteria to become a member of the House of Representatives:

1. a natural-born citizen of the Philippines;
2. at least twenty-five years old;
3. is able to read and write; and
4. except the party-list representatives, a registered voter and a resident for at least one year in the district where s/he shall be elected.

Legislative process

Congress is responsible for making enabling laws to make sure the spirit of the constitution is upheld in the country and, at times, amend or change the constitution itself. In order to craft laws, the legislative body comes out with two main documents: bills and resolutions.

Resolutions convey principles and sentiments of the Senate or the House of Representatives. These resolutions can further be divided into three different elements:

• joint resolutions — require the approval of both chambers of Congress and the signature of the President, and have the force and effect of a law if approved.
• concurrent resolutions — used for matters affecting the operations of both chambers of Congress and must be approved in the same form by both houses, but are not transmitted to the President for his signature and therefore have no force and effect of a law.
• simple resolutions — deal with matters entirely within the prerogative of one chamber of Congress, are not referred to the President for his signature, and therefore have no force and effect of a law.

Bills are laws in the making. They pass into law when they are approved by both houses and the President of the Philippines. A bill may be vetoed by the President, but the House of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt.

HISTORY OF THE LEGISLATURE

REPRESENTATION IN THE SPANISH CORTES

Prior to the creation of a legislature in the Philippines, Filipinos, from time to time, were allowed to sit in the Spanish Cortes as representatives of the Philippine Islands. In 1810, the Spanish government allowed Filipinos to receive Spanish citizenship and appropriate representation in the Cortes. When the Cadiz Constitution was in full force and effect, Filipino representation became a standard in the Cortes. However, in 1837, the liberal Cortes finally abolished representation and declared that overseas territories of Spain to be ruled by special laws. This loss of representation was one of the main points that Jose Rizal and other propagandists were fighting for during the Propaganda movement.

MALOLOS REPUBLIC, 1899 – 1901

The first Filipino legislature was convened on September 15, 1898 in Barasoain Church, Malolos, Bulacan. Later known as the Malolos Republic, it drafted the first constitution of the Philippines, which was also the first democratic constitution in Asia. The Congress included delegates from different provinces of the Philippines, some elected and some appointed. It was a short-lived legislature, unable to pass any laws due to the onset of the Philippine-American War. The first Philippine Republic was ended on March 23, 1901 with the capture of President Emilio Aguinaldo in Palanan, Isabela.

PHILIPPINE COMMISSION, 1899 – 1916

In 1899, United States President William McKinley appointed a commission led by Dr. Jacob Schurman to study and investigate the conditions in the Philippine Islands. This would be known as the first Philippine Commission. It was followed by another investigative commission led by William Howard Taft in 1900, which also had limited legislative and executive powers. From 1901 onwards, the Philippine Commission would be regularized. It exercised both executive and legislative powers, with three Filipino delegates, namely Benito Legarda, Trinidad Pardo de Tavera, Jose Luzuriaga. After the organization of the Philippine Assembly (see below) in 1907, the commission stayed on as the upper house of the legislature.

PHILIPPINE ASSEMBLY, 1907 – 1916

Electoral representation in the Philippines by Filipinos began when the American insular government allowed partial self-governance by establishing the Philippine Assembly. The assembly, as the lower house, shared legislative power with the Philippine Commission, which remained under American control, as membership in the Philippine Commission was still restricted to appointed American officials. In 1907, still under American rule, the Philippines held its first national elections for the newly created representative body, which had an inaugural membership of 81 Filipinos representing their respective districts. In the succeeding years, the number of districts were increased to 85 in 1910, and 91 in 1912.

RESIDENT COMMISSIONERS, 1907 – 1946

From 1907 to 1946, the Philippine legislature sent a representative to sit in the U.S. House of Representatives, as resident commissioner. Under Spain, the Philippines had also been given limited representation in the Spanish Cortes, and like the resident commissioners, they had the right to speak, but not to vote. The restoration of Philippine independence in 1946 ended Philippine representation in the U.S. Congress. (Note: To this day, Puerto Rico still has a resident commissioner in the U.S. House of Representatives.)

THE PHILIPPINE LEGISLATURE, 1916 – 1935

Upon the enactment of the Jones Law in 1916, the Filipinos were subsequently granted the opportunity to hold other offices in the government. Positions in the Philippine Senate were opened to Filipinos, with 12 senatorial districts and two senators elected from each. The inaugural President of the Senate in 1916 was Manuel L. Quezon, representing the fifth senatorial district. He would hold this position until the establishment of the Commonwealth of the Philippines in 1935. For the 19 years prior to the Commonwealth, the Senate presidency was the highest position a Filipino could hold.

From the first Philippine Commission to the establishment of the Commonwealth of the Philippines, the Philippine legislature were passing public acts. This form of legislation is started at Congress, with the approval of the American governor-general of the Philippine Islands.

COMMONWEALTH OF THE PHILIPPINES, 1935 – 1946

On November 15, 1935, Quezon took his oath as the first President of the Commonwealth of the Philippines, giving control of the executive branch of government to the Filipinos. It was also in this era that the Supreme Court of the Philippines was completely Filipinized. By virtue of the 1935 Constitution, the bicameral Philippine legislature was merged to form the unicameral National Assembly.

Two elections were held under the Commonwealth. The first, in 1935, elected the President of the Philippines as well as members of the National Assembly; the second, in 1939, elected only members of the National Assembly. The National Assembly would be retained until 1941, when a new structure for the legislature was introduced through a constitutional amendment.

From the Commonwealth period to the inauguration of the Third Philippine Republic, the Philippine legislature was passing Commonwealth acts (CA). This form of legislation is started at the National Assembly and approved by the President of the Philippines.

CONSTITUTIONAL AMENDMENTS OF 1941

After six years under a unicameral legislature, the Constitution of 1935 was amended, dividing the National Assembly into two separate houses. The Senate of the Philippines and the House of Representatives were reestablished, with a Senate President and a Speaker of the House leading their respective chambers.

The elections for members of these newly created chambers were held in 1941. However, the onset of World War II prevented the elected members from assuming their posts and the legislature of the Commonwealth of the Philippines was dissolved upon the exile of the government of the Philippines.

THE SECOND REPUBLIC, 1943

On October 14, 1943, the Japanese-sponsored Second Republic was inaugurated, with Jose. P. Laurel as the President. This government followed the newly crafted 1943 Constitution, and reverted the legislature back to a unicameral National Assembly. The National Assembly of the Second Republic would remain in existence until the arrival of the Allied forces in 1944, which liberated the Philippines from the Imperial Japanese forces.

RESTORATION OF THE PHILIPPINE COMMONWEALTH, 1945 – 1946

Upon the reestablishment of the Commonwealth in 1945, President Sergio Osmeña called for a special session of Congress. The first Congress convened on June 9 of that year, with most of the senators and representatives, who were elected in 1941, assuming their positions. Manuel Roxas and Jose C. Zulueta served as Senate President and Speaker of the House, respectively. Not all, however, were allowed to take their post because some were incarcerated for collaboration with the Japanese.

The inaugural session, was held in a converted school house in Lepanto St., Manila, as the Legislative Building in Manila was reduced to ruins as an outcome of the war.

On April 23, 1946, national elections were held to choose new members of Congress, the President, and the Vice President of the Philippines. After the elections the second Congress of the Commonwealth convened on May 25, 1946. It would only last until July 4, 1946, with the inauguration of the Third Republic of the Philippines.

THE THIRD REPUBLIC, 1946 – 1972

The independent Republic of the Philippines was finally proclaimed on July 4, 1946 with Manuel Roxas as President. The Second Congress of the Commonwealth was transformed into the first Congress of the Republic of the Philippines, also made up of the Senate and the House of Representatives. This would mark the beginning of the count of Congresses of the Republic until the imposition of Martial Law in 1972, when Congress would be dissolved.

This era started the legislation of republic acts which would continue until 1972. Upon the restoration of democracy in 1986 and the ratification of the 1987 Constitution, the naming of laws as republic acts would be reinstated.

MARTIAL LAW AND THE FOURTH REPUBLIC, 1972-1986

On September 23, 1972 President Ferdinand E. Marcos issued Presidential Proclamation No. 1081, placing the entire country under Martial Law. This coincided with the closing of the sessions of both chambers of Congress. Days before the scheduled reopening of the Senate and the House of Representatives, Marcos promulgated the 1973 Constitution, which effectively abolished the bicameral legislature and replaced it with a unicameral legislature. Opposition legislators reported to the Legislative Building on January 22, 1973, but found the building padlocked and under an armed guard.

Under martial rule, Marcos created the Batasang Bayan in 1976, by virtue of Presidential Decree No. 995, to serve as a legislative advisory council—a quasi-legislative machinery to normalize the legislative process for the eventual actualization of the 1973 Constitution. The Batasang Bayan would hold office in the Philippine International Convention Center (a modernist structure designed by National Artist for Architecture Leandro Locsin, within the Cultural Center of the Philippines Complex—a pet project of First Lady Imelda R. Marcos). The consultative body would serve until 1978.

The Batasang Bayan would be replaced in 1978 by an elected unicameral body: the Interim Batasang Pambansa (IBP), a parliamentary legislature, as provided for in the 1973 Constitution. On April 7, 1978, elections for were held. Those elected to the IBP would be called Mambabatas Pambansa (Assemblymen) who would be elected per region, via a bloc-voting system. The IBP opened on Independence Day 1984 in the Batasan Pambansa in Quezon City.

Members of the Regular Batasang Pambansa (RBP) were elected in 1984, this time at-large and per province. The RBP held its inaugural session on July 23, 1984.

In 1986, President Marcos succumbed to international pressure and called for a snap presidential election. Though Marcos and his running mate former Senator and Assemblyman Arturo Tolentino were proclaimed by the Batasang Pambansa as the winners of the election, a popular revolt installed opposition leaders Corazon C. Aquino and Salvador H. Laurel as President and Vice President, respectively.

For both the IBP and RBP, the laws passed would be called “Batas Pambansa,” which did not continue the previous numbering of Republic Acts.

THE FIFTH REPUBLIC, 1987 – PRESENT

On March 25, 1986, President Aquino declared a revolutionary government by virtue of Presidential Proclamation No. 3, s. 1986, which suspended some provisions of the 1973 Constitution and promulgated in its stead a transitory constitution. This effectively abolished the Batasang Pambansa. A constitutional commission, tasked with drafting a new charter, was created by virtue of Proclamation No. 9 issued on April 23, 1986.

Following the overwhelming ratification of the 1987 Constitution through a national plebiscite held on February 2, 1987, the 1987 Constitution finally came into full force and effect on February 11, 1987. It re-established a bicameral legislature, composed of the House of Representatives and the Senate, much like the way it was before martial law. The former, being much larger in composition, reopened in the Batasan Pambansa while the Senate, still with its 24 members, returned to the Legislative Building. In 1997, the Senate of the Philippines moved to the GSIS building where it is currently housed.

Laws passed by the bicameral legislature would restore “Republic Acts”, as the laws were named in the Third Republic (1946-1972). Moreover, it was decided to maintain the old count, taking up where the last pre-martial law Congress left off. Thus, the last Congress under the 1935 Constitution was the seventh Congress, and the first Congress under the 1987 Constitution became the eighth Congress.

Local government in the Philippines

• 1 Levels of local government
  • 1.1 Autonomous regions
  • 1.2 Provinces
  • 1.3 Cities and municipalities
  • 1.4 Barangays
• 2 Offices
  • 2.1 Legislatures
  • 2.2 Elected officials
  • 2.3 Offices that are common to municipalities, cities and provinces
• 3 Responsibilities
• 4 Creation and modification

The local government in the Philippines is divided into three levels: provinces and independent cities, component cities and municipalities, and barangays, all of which are collectively known as local government units (LGUs). In one area, above provinces and independent cities, is an autonomous region, the Bangsamoro Autonomous Region in Muslim Mindanao. Below barangays in some cities and municipalities are sitios and puroks. All of these, with the exception of sitios and puroks, elect their own executives and legislatures. Sitios and puroks are often but not necessarily led by an elected barangay councilor.

Provinces and independent cities are organized into national government regions but those are administrative regions and not separately governed areas with their own elected governments.

According to the Constitution of the Philippines, the local governments "shall enjoy local autonomy", and in which the Philippine president exercises "general supervision". Congress enacted the Local Government Code of the Philippines in 1991 to "provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of local units." Local government units are under the control and supervision of the Department of the Interior and Local Government.

Levels of local government

 

Autonomous regions

Autonomous regions have more powers than other local governments. The constitution limits the creation of autonomous regions to Muslim Mindanao and the Cordilleras but only one autonomous region exists: the Bangsamoro, which replaced the Autonomous Region in Muslim Mindanao (ARMM). In 1989, a plebiscite established the ARMM. In 2001, a plebiscite in the ARMM confirmed the previous composition of the autonomous region and added Basilan (except for the city of Isabela) and Marawi in Lanao del Sur. Isabela City remains a part of the province of Basilan despite rejecting inclusion in the ARMM. In 2019, another plebiscite confirmed the replacement of the ARMM with the Bangsamoro, and added Cotabato City and 63 barangays in Cotabato.

A Cordillera Autonomous Region has never been formed because two plebiscites, in 1990 and 1998, both resulted in just one province supporting autonomy; this led the Supreme Court ruling that autonomous regions should not be composed of just one province.

Each autonomous region has a unique form of government. The ARMM had a regional governor and a regional legislative assembly, mimicking the presidential system of the national government. The Bangsamoro will have a chief minister responsible to parliament, with parliament appointing a wa'lī, or a ceremonial governor, in a parliamentary system.

An autonomous region of the Philippines (Filipino: rehiyong awtonomo ng Pilipinas) is a first-level administrative division that has the authority to control a region's culture and economy. The Constitution of the Philippines allows for two autonomous regions: in the Cordilleras and in Muslim Mindanao. Currently, Bangsamoro, which largely consists of the Muslim-majority areas of Mindanao, is the only autonomous region in the country.

Current autonomous region

Bangsamoro Autonomous Region in Muslim Mindanao

On October 15, 2012, a preliminary agreement was signed by the Government of the Philippines' chief negotiator Marvic Leonen, MILF Peace Panel Chair Mohagher Iqbal and Malaysian facilitator Tengku Dato' Ab Ghafar Tengku Mohamed along with President Aquino, Prime Minister Najib Razak of Malaysia, MILF chairman Al-Hajj Murad Ebrahim and Secretary-General Ekmeleddin İhsanoğlu of the Organisation of Islamic Cooperation at Malacañang Palace in Manila.

It replaced the Autonomous Region in Muslim Mindanao (ARMM) and was formed after voters decided to ratify the Republic Act no. 11054 or the Bangsamoro Organic Law in a January 21 plebiscite. The ratification was announced on January 25, 2019, by the Commission on Elections. This marked the beginning of the transition of the ARMM to the BARMM.

Former autonomous region

Autonomous Region in Muslim Mindanao

 

The Autonomous Region in Muslim Mindanao (ARMM) was proposed in 1976 during the Ferdinand Marcos administration and created on August 1, 1989, through Republic Act No. 6734 (otherwise known as the Organic Act) in pursuance with a constitutional mandate. In 2012 President Benigno Aquino III described ARMM as a "failed experiment". He proposed an autonomous region named Bangsamoro to replace ARMM with the agreement between the government and Moro Islamic Liberation Front.

A plebiscite was held in the provinces of Basilan, Cotabato, Davao del Norte, Davao Oriental, Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan, South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte and Zamboanga del Sur; and in the cities of Cotabato, Davao, Dapitan, Dipolog, General Santos, Koronadal, Iligan, Marawi, Pagadian, Puerto Princesa and Zamboanga to determine if their residents wished to be part of the ARMM. Of these areas, only four provinces (Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi) voted in favor of inclusion in the new autonomous region. The ARMM was officially inaugurated on November 6, 1990, in Cotabato City, which was designated as its provisional capital.

The Autonomous Region in Muslim Mindanao (ARMM) ceased to exist after a two-part 2019 plebiscite that ratified the Bangsamoro Organic Law (BOL). It was replaced with the new Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) and now under the interim government, Bangsamoro Transition Authority.

Proposed autonomous regions

Cordilleras

Further information: Cordillera autonomy movement, 1990 Cordillera Autonomous Region creation plebiscite, and 1998 Cordillera Autonomous Region creation plebiscite

The Cordillera Administrative Region administers the area that was designated for an autonomous region. Two plebiscites were held in the Cordilleras, the latest in 1998, to create an autonomous region, but both failed. There have been bills filed in Congress to re-propose and establish an autonomous region in the Cordilleras, but none of these have succeeded.

In 1990, a plebiscite was held to create an autonomous region under Republic Act No. 6766 but only Ifugao voted in favor of the law's ratification. The component provinces of the Cordillera Administrative Region at the time and the city of Baguio participated in the plebiscite with only localities voting in favor of the law's ratification to be part of a new autonomous region in the Cordilleras. There was also a failed attempt to establish an autonomous region with a single province.

Metro Manila

It was proposed that the National Capital Region or Metro Manila be converted to an autonomous region. Metro Manila is governed by mayors of its 16 highly urbanized cities and 1 independent municipality with the Metropolitan Manila Development Authority serving as an advisory body to the local government units of the metropolis. Former Quezon City Mayor Herbert Bautista had advocated for a Metro Manila autonomous region as an alternative to President Rodrigo Duterte’s campaign for federalism, which would render Metro Manila as an independent state within the Philippines.

 

Provinces

 

Outside the lone autonomous region, the provinces are the highest-level local government. The provinces are organized into component cities and municipalities. A province is governed by the governor and a legislature known as the Sangguniang Panlalawigan.

In the Philippines, provinces (Filipino: lalawigan) are one of its primary political and administrative divisions. There are 81 provinces at present, which are further subdivided into component cities and municipalities. The local government units in the National Capital Region, as well as independent cities, are independent of any provincial government. Each province is governed by an elected legislature called the Sangguniang Panlalawigan and an elected governor.

The provinces are grouped into seventeen regions based on geographical, cultural, and ethnological characteristics. Thirteen of these regions are numerically designated from north to south, while the National Capital Region, the Cordillera Administrative Region, the Southwestern Tagalog Region, and the Bangsamoro Autonomous Region in Muslim Mindanao are only designated by acronyms.

Each province is a member of the League of Provinces of the Philippines, an organization which aims to address issues affecting provincial and metropolitan government administrations.

 

Government

A provincial government is autonomous of other provinces within the Republic. Each province is governed by two main elected branches of the government: executive and legislative. Judicial affairs are separated from provincial governance and are administered by the Supreme Court of the Philippines. Each province has at least one branch of a Regional Trial Court.

Executive

The provincial governor is chief executive and head of each province. Elected to a term of three years and limited to three consecutive terms, he or she appoints the directors of each provincial department which include the office of administration, engineering office, information office, legal office, and treasury office.

Legislative

The vice governor acts as the president for each Sangguniang Panlalawigan (SP; "Provincial Board"), the province's legislative body. Every SP is composed of regularly elected members from provincial districts, as well as ex officio members. The number of regularly elected SP members allotted to each province is determined by its income class. First- and second-class provinces are provided ten regular SP members; third- and fourth-class provinces have eight, while fifth- and sixth-class provinces have six. Exceptions are provinces with more than five congressional districts, such as Cavite with 16 regularly elected SP members, and Cebu, Negros Occidental and Pangasinan which have twelve each.

Every SP has designated seats for ex officio members, given to the respective local presidents of the Association of Barangay Captains (ABC), Philippine Councilors' League (PCL), and Sangguniang Kabataan (SK; "Youth Council").

The vice governor and regular members of an SP are elected by the voters within the province. Ex officio members are elected by members of their respective organisations.

Relation to other levels of government

National government

National intrusion into the affairs of each provincial government is limited by the Philippine Constitution. The President of the Philippines however coordinates with provincial administrators through the Department of the Interior and Local Government. For purposes of national representation, each province is guaranteed its own congressional district. One congressional representative represents each district in the House of Representatives. Senatorial representation is elected at an at-large basis and not apportioned through territory-based districts.

Cities and municipalities

Those classified as either "highly urbanized" or "independent component" cities are independent from the province, as provided for in Section 29 of the Local Government Code of 1991. Although such a city is a self-governing second-level entity, in many cases it is often presented as part of the province in which it is geographically located, or in the case of Zamboanga City, the province it last formed part the congressional representation of.

Local government units classified as "component" cities and municipalities are under the jurisdiction of the provincial government. In order to make sure that all component city or municipal governments act within the scope of their prescribed powers and functions, the Local Government Code mandates the provincial governor to review executive orders issued by mayors, and the Sangguniang Panlalawigan to review legislation by the Sangguniang Panlungsod (City Council) or Sangguniang Bayan (Municipal Council), of all component cities and municipalities under the province's jurisdiction.

Barangays

The provincial government does not have direct relations with individual barangays. Supervision over a barangay government is the mandate of the mayor and the Sanggunian of the component city or municipality of which the barangay in question is a part.

Classification

 

Provinces based on income classification.

Provinces are classified according to average annual income based on the previous 4 calendar years. Effective July 29, 2008, the thresholds for the income classes for cities are:

Class	Average annual income
First	₱450 million or more
Second	₱360 million or more but less than ₱450 million
Third	₱270 million or more but less than ₱360 million
Fourth	₱180 million or more but less than ₱270 million
Fifth	₱90 million or more but less than ₱180 million
Sixth	below ₱90 million

A province's income class determines the size of the membership of its Sangguniang Panlalawigan, and also how much it can spend on certain items, or procure through certain means.

 

Cities and municipalities

 

Municipal government in the Philippines is divided into three – independent cities, component cities, and municipalities (sometimes referred to as towns). Several cities across the country are "independent cities" which means that they are not governed by a province, even though like Iloilo City the provincial capitol might be in the city. Independent city residents do not vote for nor hold provincial offices. Far more cities are component cities and are a part of a province. Municipalities are always a part of a province except for Pateros which was separated from Rizal to form Metro Manila.

Cities and municipalities are governed by mayors and legislatures, which are called the Sangguniang Panlungsod in cities and the Sangguniang Bayan in municipalities.

A city (Filipino: lungsod/siyudad) is one of the units of local government in the Philippines. All Philippine cities are chartered cities (Filipino: nakakartang lungsod), whose existence as corporate and administrative entities is governed by their own specific municipal charters in addition to the Local Government Code of 1991, which specifies their administrative structure and powers. As of September 7, 2019, there are 146 cities.

A city is entitled to at least one representative in the House of Representatives if its population reaches 250,000. Cities are allowed to use a common seal. As corporate entities, cities have the power to take, purchase, receive, hold, lease, convey, and dispose of real and personal property for its general interests, condemn private property for public use (eminent domain), contract and be contracted with, sue and exercise all the powers conferred to it by Congress. Only an Act of Congress can create or amend a city charter, and with this city charter Congress confers on a city certain powers that regular municipalities or even other cities may not have.

Despite the differences in the powers accorded to each city, all cities regardless of status are given a bigger share of the Internal Revenue Allotment (IRA) compared to regular municipalities, as well as being generally more autonomous than regular municipalities.

Government

A city's local government is headed by a mayor elected by popular vote. The vice mayor serves as the presiding officer of the Sangguniang Panlungsod (city council), which serves as the city's legislative body. Upon receiving their charters, cities also receive a full complement of executive departments to better serve their constituents. Some departments are established on a case-by-case basis, depending on the needs of the city.

Offices and officials common to all cities

Office	Head	Mandatory / Optional
City Government	Mayor	Mandatory
Sangguniang Panlungsod	Vice Mayor as presiding officer	Mandatory
Office of the Secretary to the Sanggunian	Secretary to the Sanggunian	Mandatory
Treasury Office	Treasurer	Mandatory
Assessor's Office	Assessor	Mandatory
Accounting and Internal Audit Services	Accountant	Mandatory
Budget Office	Budget Officer	Mandatory
Planning and Development Office	Planning and Development Coordinator	Mandatory
Engineering Office	Engineer	Mandatory
Health Office	Health Officer	Mandatory
Office of Civil Registry	Civil Registrar	Mandatory
Office of the Administrator	Administrator	Mandatory
Office of Legal Services	Legal Officer	Mandatory
Office on Social Welfare and Development Services	Social Welfare and Development Officer	Mandatory
Office on General Services	General Services Officer	Mandatory
Office for Veterinary Services	Veterinarian	Mandatory
Office on Architectural Planning and Design	Architect	Optional
Office on Public Information	Information Officer	Optional
Office for the Development of Cooperatives	Cooperative Officer	Optional
Office on Population Development	Population Officer	Optional
Office on Environment and Natural Resources	Environment and Natural Resources Office	Optional
Office of Agricultural Services	Agriculturist	Optional

Source: Local Government Code of 1991

Subdivisions

Cities, like municipalities, are composed of barangays (Brgy), which can range from urban neighborhoods (such as Barangay 9, Santa Angela in Laoag), to rural communities (such as Barangay Iwahig in Puerto Princesa). Barangays are sometimes grouped into officially defined administrative (geographical) districts. Examples of such are the cities of Manila (16 districts), Davao (11 districts), Iloilo (seven districts), and Samal (three districts: Babak, Kaputian and Peñaplata). Some cities such as Caloocan, Manila and Pasay even have an intermediate level between the district and barangay levels, called a zone. However, geographic districts and zones are not political units; there are no elected city government officials in these city-specific administrative levels. Rather they only serve to make city planning, statistics-gathering other administrative tasks easier and more convenient.

Classification

Income classification

Cities are classified according to average annual income of the city based on the previous four calendar years. Effective July 28, 2008, the thresholds for the income classes for cities are:

Class	Average annual income (₱ million)
First	At least 500
Second	320+ but < 500
Third	240+ but < 320
Fourth	160+ but < 240
Fifth	80+ but < 160
Sixth	< 80

Legal classification

The Local Government Code of 1991 (Republic Act No. 7160) classifies all cities into one of three legal categories:

• Highly urbanized cities (HUC): Cities with a minimum population of two hundred thousand (200,000) inhabitants, as certified by the Philippine Statistics Authority, and with the latest annual income of at least fifty million pesos (₱50,000,000 or USD 1,000,000) based on 1991 constant prices, as certified by the city treasurer.

There are currently 33 highly urbanized cities in the Philippines, 16 of which are located in Metro Manila.

• Independent component cities (ICC): Cities of this type have charters that explicitly prohibit their residents from voting for provincial officials. All five of them are considered independent from the province in which they are geographically located: Cotabato, Dagupan, Naga (Camarines Sur), Ormoc, and Santiago.
• Component cities (CC): Cities which do not meet the preceding requirements are deemed part of the province in which they are geographically located. If a component city is located along the boundaries of two or more provinces, it shall be considered part of the province of which it used to be a municipality.

All but five of the remaining cities are considered component cities.

Independent cities

There are 38 independent cities in the Philippines, all of which are classified as either "Highly urbanized" or "Independent component" cities. A city classified as such:

• does not have its Sangguniang Panlungsod legislation subject to review by any province's Sangguniang Panlalawigan;
• does not share tax revenue with any province; and
• is directly supervised by the President of the Philippines through the city government (given that the provincial government no longer exercises supervision over city officials), as stated in Section 29 of the Local Government Code.

Currently, there are only four independent cities in two classes that can still participate in the election of provincial officials (governor, vice governor, and Sangguniang Panlalawigan members):

• Cities declared highly urbanized between 1987 and 1992, whose charters (as amended) explicitly permitted residents to both vote and run for elective positions in the provincial government, and therefore allowed by Section 452-c of the Local Government Code to maintain these rights: Lucena (Quezon), Mandaue (Cebu);
• Independent component cities whose charters (as amended) only explicitly allow residents to run for provincial offices: Dagupan (Pangasinan) and Naga (Camarines Sur)

Registered voters of the cities of Cotabato, Ormoc, Santiago, as well as all other highly urbanized cities, including those to be converted or created in the future, cannot participate in provincial elections.

In addition to the eligibility of some independent cities to vote in provincial elections, a few other situations become sources of confusion regarding the complete autonomy of independent cities from provinces:

• Some independent cities still serve as the seat of government for the province in which they are geographically located: Bacolod (Negros Occidental), Cagayan de Oro (Misamis Oriental), Cebu City (Cebu), Iloilo City (Iloilo), Lucena (Quezon), Puerto Princesa (Palawan) and Tacloban (Leyte). In such cases, the provincial government, apart from already financing the maintenance of its properties such as provincial government buildings and offices, may also provide the government of the independent city with an annual budget (determined by the province at its discretion) to aid in relieving incidental costs incurred by the city such as road maintenance due to increased vehicular traffic in the vicinity of the provincial government complex.
• Some independent cities are still grouped with their former provinces for the purposes of representation in Congress. While 24 independent cities have their own representative(s) in Congress, some remain part of the congressional representation of the province to which they formerly belonged: Butuan, for example, is still part of the 1st Congressional District of Agusan del Norte. In cases like this, independent cities that do not vote for provincial officials are excluded from Sangguniang Panlalawigan (provincial council) districts, and the allotment of SP members is adjusted accordingly by COMELEC with proper consideration of population. For example, Agusan del Norte (being a third income-class province) is entitled to elect eight members to its Sangguniang Panlalawigan, and belongs to two congressional districts. The seats of the Sangguniang Panlalawigan are not evenly distributed (4–4) between the province's first and second congressional districts because its 1st Congressional district contains Butuan, an independent city which does not vote for provincial officials. Rather, the seats are distributed 1–7 to account for the small population of the province's 1st Sangguniang Panlalawigan district (consisting only of Las Nieves) and the bulk of the province's population being in the second district. On the other hand, the city of Lucena, which is eligible to vote for provincial officials, still forms part of the province of Quezon's 2nd Sangguniang Panlalawigan district, which is coterminous with the 2nd congressional district of Quezon.
• General lack of distinction for independent cities, for practical purposes: Many government agencies, as well as Philippine society in general, still continue to classify many independent cities outside Metro Manila as part of provinces due to historical and cultural ties, especially if these cities were once or currently socio-economic and cultural capitals of the provinces to which they once belonged. Furthermore, most maps of the Philippines showing provincial boundaries almost never separate independent cities from the provinces in which they are geographically located, for cartographic convenience. Despite being first-level administrative divisions (i.e., on the same level as provinces, as stated in Section 25 of the LGC), independent cities are still treated by many to be on the same level as municipalities and component cities (second-level administrative divisions) for educational convenience and simplicity.

A component city, while enjoying relative autonomy on some matters compared to a regular municipality, is still considered part of a province. However, there are several sources of confusion:

• Some component cities form their own congressional representation, separate from their province. The representation of a city in the House of Representatives (or lack thereof) is not a criterion for independence from a province, as Congress is the national legislative body and is part of the national (central) government. Despite Antipolo, Biñan and San Jose del Monte having their own representatives in Congress, they are still component cities of Rizal, Laguna, and Bulacan, respectively, as their respective charters specifically converted them into component cities and have no provision stating a severance in relations with their respective provincial governments.
• Being part of an administrative region different from the province: Isabela City functions as a component city of Basilan: its tax revenues are shared with the provincial government, its residents are eligible to both vote and run for provincial offices, and it is served by the provincial government and the Sangguniang Panlalawigan of Basilan with regard to provincially devolved services. However, by opting out of joining the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), Isabela City's residents are ineligible to vote and run for regional offices of the Bangsamoro Parliament, unlike the rest of Basilan. Regional services provided to Isabela City come from offices in Region IX based in Pagadian; the rest of Basilan is serviced by the BARMM based in Cotabato City. Isabela City, while not independent from its province, is this outside the jurisdiction of the BARMM, the region to which the rest of Basilan belongs. Regions are not the primary subnational administrative divisions of the Philippines, but rather the provinces.

Creation of cities

Congress is the lone legislative entity that can incorporate cities. Provincial and municipal councils can pass resolutions indicating a desire to have a certain area (usually an already-existing municipality or a cluster of barangays) declared a city after the requirements for becoming a city are met. As per Republic Act No. 9009, these requirements include:

• locally generated income of at least ₱100 million (based on constant prices in the year 2000) for the last two consecutive years, as certified by the Department of Finance, AND
• a population of at least 150,000, as certified by the Philippine Statistics Authority (PSA); OR a contiguous territory of 100 square kilometers, as certified by the Land Management Bureau, with contiguity not being a requisite for areas that are on two or more islands.

Members of Congress (usually the involving representative of the congressional district to which the proposed city belongs) then draft the legislation that will convert or create the city. After the bill passes through both the House of Representatives and the Senate and becomes an Act of Congress, the President signs the Act into law. If the Act goes unsigned after 30 days it still becomes law despite the absence of the President's signature.

The creation of cities before 1983 was solely at the discretion of the national legislature; there were no requirements for achieving 'city' status other than an approved city charter. No income, population or land area requirements had to be met in order to incorporate cities before Batas Pambansa Bilang 337 (Local Government Code of 1983) became law. This is what made it possible for several current cities such as Tangub or Canlaon to be conferred such a status despite their small population and locally generated income, which do not meet current standards. The relatively low income standard between 1992 and 2001 (which was ₱20 million) also allowed several municipalities, such as Sipalay and Muñoz, to become cities despite not being able to meet the current ₱100 million local income standard.

Before 1987, many cities were created without any plebiscites conducted for the residents to ratify the city charter, most notable of which were cities that were incorporated during the early American colonial period (Manila and Baguio), and during the Commonwealth Era (1935–1946) such as Cavite City, Dansalan (now Marawi), Iloilo City, Bacolod, San Pablo and Zamboanga City. Only since 1987 has it been mandated under the Constitution that any change to the legal status of any local government unit requires the ratification by the residents that would be affected by such changes. Therefore, all cities created after 1987 – after meeting the requirements for cityhood as laid out in the Local Government Code of 1991 and Republic Act No. 9009 of 2001 – only acquired their corporate status after the majority of their voting residents approved their respective charters.

Motivations for cityhood

Although some early cities were given charters because of their advantageous (Baguio, Tagaytay) or strategic (Angeles City and Olongapo, Cotabato, Zamboanga) locations or in order to especially establish new government centers in otherwise sparsely populated areas (Palayan, Trece Martires, Quezon City), most Philippine cities were originally incorporated to provide a form of localized civil government to an area that is primarily urban, which, due to its compact nature and different demography and local economy, cannot be necessarily handled more efficiently by more rural-oriented provincial and municipal governments. However, not all cities are purely areas of dense urban settlement. To date there are still cities with huge expanses of rural or wilderness areas and considerable non-urban populations, such as Calbayog, Davao, Puerto Princesa and Zamboanga as they were deliberately incorporated with increased future resource needs and urban expansion, as well as strategic considerations, in mind.

With the enactment of the 1991 Local Government Code, municipalities and cities have both become more empowered to deal with local issues. Regular municipalities now share many of the same powers and responsibilities as chartered cities, but its citizens and/or leaders may feel that it might be to their best interest to get a larger share of internal revenue allotment (IRA) and acquire additional powers by becoming a city, especially if the population has greatly increased and local economy has become more robust. On the other hand, due to the higher property taxes that would be imposed after cityhood, many citizens have become wary of their town's conversion into a city, even if the municipality had already achieved a high degree of urbanization and has an annual income that already exceeds that of many existing lower-income cities. This has been among the cases made against the cityhood bids of many high-income and populous municipalities surrounding Metro Manila, most notably Bacoor and Dasmariñas (which finally became cities in June 2012 and November 2009 respectively), which for many years have been more qualified to become cities than others.

In response to the rapid increase in the number of municipalities being converted into cities since the enactment of the Local Government Code in 1991, Senator Aquilino Pimentel authored what became Republic Act No. 9009 in June 2001 which sought to establish a more appropriate benchmark by which municipalities that wished to become cities were to be measured.The income requirement was increased sharply from ₱20 million to ₱100 million in a bid to curb the spate of conversions into cities of municipalities that were perceived to have not become urbanized or economically developed enough to be able to properly function as a city.

Despite the passage of RA 9009, 16 municipalities not meeting the required locally generated income were converted into cities in 2007 by seeking exemption from the income requirement. This led to vocal opposition from the League of Cities of the Philippines against the cityhood of these municipalities, with the League arguing that by letting these municipalities become cities, Congress will set "a dangerous precedent" that would not prevent others from seeking the same "special treatment". More importantly, the LCP argued that with the recent surge in the conversion of towns that did not meet the requirements set by RA 9009 for becoming cities, the allocation received by existing cities would only drastically decrease because more cities will have to share the amount allotted by the national government, which is equal to 23% of the IRA, which in turn is 40% of all the revenues collected by the Bureau of Internal Revenue. The resulting legal battles resulted in the nullification of the city charters of the 16 municipalities by the Supreme Court in August 2010.

 

A municipality (Tagalog: bayan/munisipalidad; Hiligaynon: banwa; Cebuano: lungsod/munisipalidad; Pangasinan: baley; Kapampangan: balen/balayan; Central Bikol: banwaan; Waray: bungto/munisipyo; Ilocano: ili) is a local government unit (LGU) in the Philippines. It is distinct from city, which is a different category of local government unit. Provinces of the Philippines are divided into cities and municipalities, which in turn, are divided into barangays (formerly barrios) – villages. As of 7 September 2019, there are 1,488 municipalities across the country.

A municipality is the official term for, and the official local equivalent of, a town, the latter being its archaic term and in all of its literal local translations including Filipino. Both terms are interchangeable.

A municipal district is a now-defunct local government unit; previously certain areas were created first as municipal districts before they were converted into municipalities.

 

History

The era of the formation of municipalities in the Philippines started during the Spanish rule, in which the colonial government founded hundreds of towns and villages across the archipelago modeled after towns and villages in Spain. They were then grouped together along with a centralized town center called cabecera or poblacion where the ayuntamiento, or town hall, was located; the poblacion served as the nucleus of each municipality. Only the communities that were permanently settled under the reduccion system, and have fully converted into Catholicism, are allowed to form municipalities, while others that have not yet been fully converted are to be subdued until conditions permitted for them to be incorporated as municipalities. As time passed, municipalities were created out of already existing ones, leading to them becoming smaller in area over time. Each municipality was governed by a capitan, usually a member of native principalia of the town, who have the task of remitting revenues to the central government in Manila. Ever since its inception to the present day, the term "municipality" holds the same definition as "town" when the first towns grew in size under the Spanish pueblo system (pueblo meaning "town" in Spanish language) to be granted municipal charters, hence the current official term for such type of settlements.

During the American administration, the municipal system put in place by the preceding Spanish authorities was preserved and at the same time reformed with greater inclusiveness among all Filipinos. Municipal districts, which were in essence unincorporated areas presided over by local tribal chiefs set up by American authorities, were created for the first time in 1914. More municipalities were created during this time, especially in Mindanao where there was a massive influx of settlers from the Luzon and the Visayas. After a while the independent Republic of the Philippines was declared in 1946, all municipal districts were dissolved and were absorbed into or broken into municipalities. The latest guidelines in the creation of new municipalities were introduced in 1991 with the issuance of the Local Government Code.

Responsibilities and powers

Municipalities have some autonomy from the National Government of the Republic of the Philippines under the Local Government Code of 1991. They have been granted corporate personality enabling them to enact local policies and laws, enforce them, and govern their jurisdictions. They can enter into contracts and other transactions through their elected and appointed officials and can tax. They are tasked with enforcing all laws, whether local or national. The National Government assists and supervises the local government to make sure that they do not violate national law. Local Governments have their own executive and legislative branches and the checks and balances between these two major branches, along with their separation, are more pronounced than that of the national government. The Judicial Branch of the Republic of the Philippines also caters to the needs of local government units. Local governments, such as a municipalities, do not have their own judicial branch: their judiciary is the same as that of the national government.

Organization

According to Chapter II, Title II, Book III of Republic Act 7160 or the Local Government Code of 1991, a municipality shall mainly have a mayor (alkalde), a vice mayor (ikalawang alkalde / bise alkalde) and members (kagawad) of the legislative branch Sangguniang Bayan alongside a secretary to the said legislature.

The following positions are also required for all municipalities across the Philippines:

• Treasurer
• Assessor
• Accountant
• Budget Officer
• Planning and Development Coordinator
• Engineer / Building Official
• Health Officer
• Civil Registrar
• Municipal Disaster Risks Reduction and Management Officer

Depending on the need to do so, the municipal mayor may also appoint the following municipal positions:

• Administrator
• Legal Officer
• Agriculturist
• Architect
• Information Officer
• Tourism Officer
• Municipal Environment and Natural Resources Officer
• Municipal Social Welfare and Development Officer

Duties and functions

As mentioned in Title II, Book III of Republic Act 7160, the municipal mayor is the chief executive officer of the municipal government and shall determine guidelines on local policies and direct formulation of development plans. These responsibilities shall be under approval of the Sangguniang Bayan.

The vice mayor (bise-alkalde) shall sign all warrants drawn on the municipal treasury. Being presiding officer of the Sangguniang Bayan (English: Municipal Council), he can as well appoint members of the municipal legislature except its twelve (12) regular members or kagawad who are also elected every local election alongside the municipal mayor and vice mayor. In circumstances where the mayor permanently or temporarily vacates the position, he shall assume executive duties and functions.

While vice mayor presides over the legislature, he cannot vote unless the necessity of tie-breaking arises. Laws or ordinances proposed by the Sangguniang Bayan, however, may be approved or vetoed by the mayor. If approved, they become local ordinances. If the mayor neither vetoes nor approves the proposal of the Sangguniang Bayan for ten (10) days from the time of receipt, the proposal becomes law as if it had been signed. If vetoed, the draft is sent back to the Sangguniang Bayan. The latter may override the mayor by a vote of at least two-thirds (2 / 3) of all its members, in which case, the proposal becomes law.

A municipality, upon reaching a certain requirements – minimum population size, and minimum annual revenue – may opt to become a city. First, a bill must be passed in Congress, then signed into law by the President and then the residents would vote in the succeeding plebiscite to accept or reject cityhood. One benefit in being a city is that the city government gets more budget, but taxes are much higher than in municipalities.

Income classification

Municipalities are divided into income classes according to their average annual income during the previous four calendar years:

Class	Average annual income ₱
First	At least 15,000,000
Second	10,000,000 – 14,999,000
Third	5,000,000 – 9,999,000
Fourth	3,000,000 – 4,999,000
Fifth	1,000,000 – 2,999,000
Sixth	At most 999,000

Barangays

 

Every city and municipality in the Philippines is divided into barangays, the smallest of the local government units. Barangays can be further divided into sitios and puroks but those divisions do not have leaders elected in formal elections supervised by the national government.

A barangay's executive is the Punong Barangay or barangay captain and its legislature is the Sangguniang Barangay, composed of barangay captain, the Barangay Kagawads (barangay councilors) and the SK chairman. The SK chairman also leads a separate assembly for youth, the Sangguniang Kabataan or SK.

A barangay (/bɑːrɑːŋˈɡaɪ/; abbreviated as Brgy. or Bgy.), historically referred to as barrio (abbreviated as Bo.), is the smallest administrative division in the Philippines and is the native Filipino term for a village, district, or ward. In metropolitan areas, the term often refers to an inner city neighborhood, a suburb, or a suburban neighborhood.^[5] The word barangay originated from balangay, a type of boat used by a group of Austronesian peoples when they migrated to the Philippines.^[6]

Municipalities and cities in the Philippines are subdivided into barangays, with the exception of the municipalities of Adams in Ilocos Norte and Kalayaan in Palawan, with each containing a single barangay. Barangays are sometimes informally subdivided into smaller areas called purok (English: "zone"), or barangay zones consisting of a cluster of houses for organizational purposes, and sitios, which are territorial enclaves—usually rural—far from the barangay center. As of March 2021, there are 42,046 barangays throughout the Philippines.

History

When the first Spaniards arrived in the Philippines in the 16th century, they found well-organized independent villages called barangays. The name barangay originated from balangay, a Malay word meaning "sailboat". Early Spanish dictionaries of Philippine languages make it clear that balangay was pronounced "ba-la-ngay", while today the modern barangay is pronounced "ba-rang-gay".

All citations regarding pre-colonial barangay lead to a single source, Juan de Plascencia's 1589 report Las costumbres de los indios Tagalos de Filipinas. However, historian Damon Woods challenges the concept of barangay as an indigenous political organization primarily due to lack of linguistic evidence. Based on indigenous language documents, Tagalogs did not use the word barangay to describe themselves or their communities. Instead, barangay is argued as a Spanish invention from an attempt by the Spaniards in reconstructing pre-conquest Tagalog society.

The first barangays started as relatively small communities of around 50 to 100 families. By the time of contact with Spaniards, many barangays have developed into large communities. The encomienda of 1604 shows that many affluent and powerful coastal barangays in Sulu, Butuan, Panay, Leyte and Cebu, Pampanga, Pangasinan, Pasig, Laguna, and Cagayan River were flourishing trading centers. Some of these barangays had large populations. In Panay, some barangays had 20,000 inhabitants; in Leyte (Baybay), 15,000 inhabitants; in Cebu, 3,500 residents; in Vitis (Pampanga), 7,000 inhabitants; Pangasinan, 4,000 residents. There were smaller barangays with fewer number of people. But these were generally inland communities; or if they were coastal, they were not located in areas which were good for business pursuits. These smaller barangays had around thirty to one hundred houses only, and the population varied from one hundred to five hundred persons. According to Legazpi, he founded communities with only twenty to thirty people.

Traditionally, the original "barangays" were coastal settlements of the migration of these Malayo-Polynesian people (who came to the archipelago) from other places in Southeast Asia (see chiefdom). Most of the ancient barangays were coastal or riverine. This is because most of the people were relying on fishing for their supply of protein and their livelihood. They also traveled mostly by water up and down rivers, and along the coasts. Trails always followed river systems, which were also a major source of water for bathing, washing, and drinking.

The coastal barangays were more accessible to trade with foreigners. These were ideal places for economic activity to develop. Business with traders from other countries also meant contact with other cultures and civilizations, such as those of Japan, Han Chinese, Indian people, and Arab people. These coastal communities acquired more cosmopolitan cultures, with developed social structures (sovereign principalities), ruled by established royalties and nobilities.

During the Spanish rule, through a resettlement policy called the Reducción, smaller scattered barangays were consolidated (and thus, "reduced") to form compact towns. Each barangay was headed by the cabeza de barangay (barangay chief), who formed part of the Principalía – the elite ruling class of the municipalities of the Spanish Philippines. This position was inherited from the first datus, and came to be known as such during the Spanish regime. The Spanish Monarch ruled each barangay through the Cabeza, who also collected taxes (called tribute) from the residents for the Spanish Crown.

When the Americans arrived, "slight changes in the structure of local government was effected". Later, Rural Councils with four councilors were created to assist, now renamed Barrio Lieutenant; it was later renamed Barrio Council, and then Barangay Council.

The Spanish term barrio (abbr. "Bo.") was used for much of the 20th century. Mayor Ramon Bagatsing of the City of Manila established the first Barangay Bureau in the Philippines, creating the blueprint for the barangay system as the basic socio-political unit for the city in the early 70s. This was quickly replicated by the national government, and in 1974 President Ferdinand Marcos ordered the renaming of barrios to barangays. The name survived the 1986 EDSA Revolution, though older people would still use the term barrio. The Municipal Council was abolished upon transfer of powers to the barangay system. Marcos used to call the barangay part of Philippine participatory democracy, and most of his writings involving the New Society praised the role of baranganic democracy in nation-building.

After the 1986 EDSA Revolution and the drafting of the 1987 Constitution, the Municipal Council was restored, making the barangay the smallest unit of Philippine government. The first barangay elections held under the new constitution was held on March 28, 1989, under Republic Act number 6679.

The last barangay elections were held in October 2013. Barangay elections scheduled in October 2017 were postponed following the signing of Republic Act number 10952. The postponement has been criticized by election watchdogs and in both the Philippine Congress and Senate. The Parish Pastoral Council for Responsible Voting considers the postponement a move that would "only deny the people their rights to choose their leaders."

Organization

 

 

The modern barangay is headed by elected officials, the topmost being the Punong Barangay or the Barangay Chairperson (addressed as Kapitan; also known as the Barangay Captain). The Kapitan is aided by the Sangguniang Barangay (Barangay Council) whose members, called Barangay Kagawad ("Councilors"), are also elected.

The council is considered to be a local government unit (LGU), similar to the provincial and the municipal government. The officials that make up the council are the Punong Barangay, seven Barangay Councilors, and the chairman of Youth Council or Sangguniang Kabataan (SK). Thus, there are eight members of the Legislative Council in a barangay.

The council is in session for a new solution or a resolution of bill votes, and if the counsels and the SK are at tie decision, the barangay captain uses their vote. This only happens when the SK which is sometimes stopped and continued. In absence of an SK, the council votes for a nominated Barangay Council President, this president is not like the League of the Barangay councilors which composes of barangay captains of a municipality.

The Barangay Justice System or Katarungang Pambarangay is composed of members commonly known as Lupon Tagapamayapa (Justice of the peace). Their function is to conciliate and mediate disputes at the Barangay level to avoid legal action and relieve the courts of docket congestion.

Barangay elections are non-partisan and are typically hotly contested. Barangay captains are elected by first-past-the-post plurality (no runoff voting). Councilors are elected by plurality-at-large voting with the entire barangay as a single at-large district. Each voter can vote up to seven candidates for councilor, with the winners being the seven candidates with the most votes. Typically, a ticket usually consists of one candidate for Barangay Captain and seven candidates for the Councilors. Elections for the post of Punong Barangay and barangay kagawads are usually held every three years starting from 2007.

The barangay is often governed from its seat of local government, the barangay hall.

A tanod, or barangay police officer, is an unarmed watchman who fulfills policing functions within the barangay. The number of barangay tanods differs from one barangay to another; they help maintain law and order in the neighborhoods throughout the Philippines.

Funding for the barangay comes from their share of the Internal Revenue Allotment (IRA) with a portion of the allotment set aside for the Sangguniang Kabataan. The exact amount of money is determined by a formula combining the barangay's population and land area.

Local government hierarchy. The dashed lines emanating from the president means that the President only exercises general supervision on local government.
Total Local Government Units in the Philippines Type (English) Filipino equivalent Head of Administration Filipino equivalent Number Province Lalawigan/Probinsya Governor Gobernador 81 City Lungsod/Siyudad Mayor Punong Lungsod/Alkalde 146 Municipality Bayan/Munisipalidad Mayor Punongbayan/Alkalde 1,488 Barangay Barangay Barangay Chairman/Barangay Captain Punong-Barangay/Kapitan ng Barangay 42,046