Presidential Political System:

Philippine Political System

From the American system which is a deviation
from the monarch system
DEMOCRACY: government by the people greater participation from the people
in the affairs of the government
Monarchy
Presidential System

Power
is
with
the
monarch wherein the
king is not elected and
the constituency has no
choice. The constituents
cannot charge the king.
Union of the church and
state

Sovereignty emanates
from the people. The
leaders can be charged
through the process of
election.
Separation of church
and state
Representative
Government
where
government is run for
by the people
Representation
where
the winner is the one
who
receives
the
highest
number
of
plurality of valid votes
cast.

PARLIAMENTARY SYSTEM
The sovereign elects the parliament who in turn
elects a prime minister from within the parliament.
The Prime minister then creates a committee from
the parliament.
There is FUSION OF POWERS and no fixed term

The Philippine is a democratic (people rule) and republican state

Article 6, Sec. 1: The legislative power shall be vested in the
Constitution of the Philippines which shall consist of Senate and House
of Representatives.

There is direct election for an office having a fixed and limited term
President is the primary and the most powerful actor. This however should
not be confused with co-equality of the three branches of the government.

The three branches of the government

1. Legislative limited to enactment of laws
a. House of Representatives
b. House of Senate
2. Executive - President enforces the law
3. Judiciary application of interpretation of laws
a. Supreme Courts
b. Lower Courts
c. Other courts created by law
IMPORTANT PRINCIPLES:
A. SUPREMACY OF THE CONSTITUTION
Sovereignty resides from the people

 In the exercise of each branch of its power, the 1 st question must be

whether such is conferred by the constitution.
Constitution defines the powers and the limitations of the powers
granted to the 3 branches of the government.
POLITICAL QUESTION:
Where the matter falls under the discretion of another department or
especially the people themselves. The wisdom of the other departments is
not for judicial determination.

Cannot be abused. All powers must be performed within the limits of

the Constitution and it must not deviate from the powers granted by
the Constitution In question whether there is an abuse of such power,
the constitution (through the Expanded Judicial Power doctrine) grants
the SC the authority to inquire whether there is an abuse of such
discretion. Such power does not imply that the SC of the Judiciarys
more powerful than the other branches but rather it is an upholding of
the Supremacy of the Constitution .
JUSDICIABLE QUESTION:
Is not within the jurisdiction of the regular courts.
B. PRESUMPTION OF CONSTITUTIONALITY AND REGULARITY
Presumption of Constitutionality and understanding that all laws that are
signed and passed are congruent to the Constitution
Presumption of Regularity refers to the proceedings and activities by the
branches of the government.
Rationale/ Basis: Principle of co-equality between the branches of the
Government
C. SEPARATION OF POWERS
The three branches of the government must discharge their respective
functions within the limits of authority conferred by the Constitution. Under
the principle of Separation of Powers, neither Congress, the President ,no the
Judiciary may encroach on fields allocated to the other branches of the
government.
Purpose to prevent the concentration of authority in one person or groups of
person that might lead to an irreversible error or abuse in the exercise to the
detriment of our republican institutions.
There is however interdependence between branches for a common purpose
This is known as BLENDING OF POWERS. This is necessary for better
collaboration and in the process to check each other in public good.
D. CHECKS AND BALANCES
The ends of the government are better achieved through the exercise by its
agencies of only the powers assigned to them subject to reversal in proper
cases by those constitutionally authorized.
The lawmaking power of the congress is checked by the Veto Power,
which in turn maybe overridden by the legislature with a 2/3 vote
The congress may refuse to give its concurrence to an amnesty
proclaimed by the President and the Senate to a treaty he has
conducted
The President may nullify a conviction in a criminal case by pardoning
the offender

The congress may limit the jurisdiction of supreme court and

that
of the inferior courts and even abolish the latter tribunals.
The Judiciary in general has the power to declare invalid an act done
by the congress, the President and his subordinates or the
Constitutional Commission.
DOCTRINE OF STATE IMMUNITY
Art. 16 Sec. 3. The state may not be sued without its content
Basis
1. There can be no legal right against the authority what which makes the law
on which the right depends.
2. The practical consideration that the demands and the inconveniences of
litigation will divert the time and resources of the state from the more
pressing matters demanding its attention to prejudice of the public welfare.
Can you sue a public official?
No if it ultimately requires an act of the government. Absent consent of the
government the it is dismissible.
Forms of Court:
1. Express Court
a. General laws
i. CA3083, CA 327 (refers to money claims only arising from
contractual relationships and to be filed 1 st before the COA
ii. NCC ART. 280 where the state acts through special agent
iii. Sec. 22 of the local govt code (2) to sue and be sued
b. Special laws
2. Implied Court
GARNISHMENT OF FUNDS:
Gen. Law: Govt funds cannot be garnished bec. It will violate the general
appropriations law wherein funds are already appropriated for a public use.
REMEDY: if there is already a law but funds are still not distributed then you may
garnish since this is supposedly ministerial
You may sue if:
1. Govt Corporation with a separate charter stating that it can be sued
2. Executive office entering into business contracts
Doctrine
1.
2.
3.

of Immunity from suit also applies to:

Head of a State
Diplomatic Agents
International Agencies