Three Major Branches of The Government

Philippine Politics and Governance
Governor Pack Road, Baguio City, Philippines 2600

Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786; Grade Level/Section: 1st Trimester S.Y. 2020-2021
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Email: email@uc-bcf.edu.ph; Website: www.uc-bcf.edu.ph 12 HUMSS
MODULE 9 – PPG Subject Teacher: Humanities and Philosophy
THREE MAJOR BRANCHES OF THE GOVERNMENT
LEARNING OBJECTIVES
Through this module, the learners are able to:
A. differentiate the powers and responsibilities of the different branches of the government;
B. recognize the characteristics and traits of a democratic system; and
C. formulate a logical reason for each situation regarding the branches of the government.
INTRODUCTION
The Philippines as stated in the Constitution is a democratic state. Thus, sovereignty resides in the
people and all government authority emanates from them.
There are two kinds of democracy, namely direct democracy and indirect democracy or
republicanism.
DIRECT DEMOCRACY- the people directly exercise the powers of the government.
INDIRECT DEMOCRACY- the people exercise powers of sovereignty through

chosen representatives.
DISCUSSION
The Philippines has a presidential and republican system of government. Under this system, the
executive, legislative, and judiciary branches are separate and distinct from each other. This means
that each of the branches has its own powers and responsibilities, and that each is expected to work
in its own sphere.
SOME MANIFESTATIONS OF REPUBLICANISM
1. Doctrine of Separation of Powers- the principle of separation of powers is a system requiring the
assignment of governmental powers separately to different independent and co-equal organs
of the government.
2. System of Checks and Balances- the system of check and balance is provided by the
Constitution to secure coordination in the workings of the various departments of the
government, by having one check on the acts of another.
3. Rule on State Immunity- the doctrine of state immunity prohibits lawsuit against a state unless it
gives its consent.
4. Public Accountability- government officials are accountable to the people simply because their
powers emanate from them. The people merely entrust governmental powers and authority to
government officers and therefore, their relationship is trustor and trustee.
5. Bill of Rights- it is a statement of individual liberties , freedoms and rights found in Article III of the
Constitution which residents in the Philippines, Filipino or foreigner, enjoy against exertion of
government power.
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The Philippine government setting is guided by the principle of separation of powers (Figure 1.1). While
it is true that they are distinct from each other, one branch is granted the powers to check on each
other’s exercise of privileges through the system of checks and balances (Figure 1.2).
Fig 6.1: Principle of Separation of Powers
Fig 6.2: Principle of Checks and Balances

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The Republic of the Philippines has a tripartite feature of government because it branches out into
three main organs. The officials in these branches are the principal representatives of the people
who exercise sovereign powers in behalf of the people.
EXECUTIVE BRANCH
It is a political organ of government charged with carrying out the laws enacted by the
legislature.
EXECUTIVE POWER- the power to administer the laws, which means carrying them into practical
operations and enforcing their due observance.
PRESIDENT VICE PRESIDENT CABINET

The president is the The vice president is The Cabinet consists
head of the state the first in line to the advisors of the
and leader of the presidential President on different
national succession. affairs of the state.
government. They are nominated
Moreover, he is the by the President of the
Commander-in- Philippines and then
chief of the Armed appointed by the
Forces of the Commission on
Philippines. Appointments, a body
that confirms or rejects
all appointments
made by the
president.
What powers do the President and Vice President hold?
PRESIDENT VICE PRESIDENT

1. Control of executive branch 1. The Vice President can assume a
2. Ordinance Power Cabinet position if he/she is
3. Power over Aliens nominated by the President of the
4. Power of eminent domain, Philippines
escheat, land reservation, and 2. The Vice President may hold a
recovery of ill-gotten wealth secretary position along with its
5. Power of Appointment present vice-presidential position if
6. Power of general supervision the VP is already a member of the
over local governments cabinet.
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Table 6.1 Qualifications, Election, and Terms of Office of the President and Vice President, as
provided for in the Article VII of the 1987 Constitution
PUBLIC OFFICIAL QUALIFICATIONS MANNER OF ELECTION TERM OF OFFICE
President 1. A natural-born The president and vice Six years

citizen president shall be
2. A registered voter elected by a direct The president shall not
3. Able to read and vote of people be eligible for
write reelection.
4. At least 40 years of The person having the
Vice President age on the day of highest number of Six years
election votes shall be elected.
5. A resident of the The vice president shall
Philippines for at not serve for more
least 10 years than two successive
terms.
PRESIDENTIAL SUCCESSION on VACANCIES OCCURING BEFORE HIS TERM

If President-elect fails If a President shall not If the President-elect In case of death,
to qualify have been chosen at died or become permanent disability,
the beginning of term permanently disabled or inability of President
of the President
Vice-President-elect
shall become acting Person selected in
President Vice-President-elect Vice-President-elect accordance with law
shall become the shall become the shall become the
acting President President acting President
Until the President-

elect shall have
qualified Until a President shall Until a President or
have been chosen Vice-President shall
and qualified have been qualified
PRESIDENTIAL SUCCESSION on VACANCIES OCCURING DURING HIS TERM
In case of death, In case of death,
In case of death, permanent disability, permanent disability, In case of death,
permanent disability, removal from office or removal from office or permanent disability,
removal from office or resignation of Vice resignation of both or resignation of acting
resignation of President President President and Vice President
President
Member of Congress
Vice President shall nominated by Senate President or
become the President President and House Speaker in case Person selected in
confirmed by Congress of inability of Senate accordance with law
shall become Vice President shall become
President (no special acting President
To serve the unexpired election)
term Until the President or
Until the President shall Vice-President shall
To serve the unexpired have been elected in have been elected
term a special election and and qualified
have been qualified
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RULE in CASE of DISABILITY of the PRESIDENT
If the President transmits to If majority of all members of the If majority of all members of the
Senate President and House Cabinet transmit to the Senate Cabinet within 5 days
Speaker written declaration of President and House Speaker therefrom transmit to Senate
his inability to discharge his written declarations of the President and House Speaker
powers and duties inability of the President to written declaration that the
discharge his powers and President is unable to
duties discharge his power and duties
Vice President shall become

the acting President to
discharge such powers and Vice President shall become Vice President will act as
duties acting President to discharge President if Congress by 2/3
such powers and duties votes determines that the
President is unable to
discharge his powers and
duties, or President shall
Until the President transmits to Until the President transmits to continue such powers and
Senate President and House Senate President and House duties if Congress by 1/3 votes
Speaker written declaration to Speaker written declaration determines that President is
the contrary that no inability exists able to discharge his power
and duties
PHILIPPINE PRESIDENTS DURING THE CONTEMPORARY PERIOD
Look at the timeline below so that you would have an idea of the succession of power after
1986.
PRESIDENTS OF THE FIFTH REPUBLIC
1986-1992 1992- 1998 1998- 2001 2001-2004; 2010- 2016 2016-

2004-2010 PRESENT
GLORIA BENIGNO
CORAZON FIDEL V. JOSEPH E. RODRIGO
MACAPAGAL S. AQUINO
C. AQUINO RAMOS ESTRADA R. DUTERTE
ARROYO III
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CORAZON C. AQUINO
She has been regarded as an icon of Philippine democracy.

It was during her term that the Philippines found its way back
to democracy and constitutionalism.
During her term, important legislations were passed such as

the Local Government Code of 1991. With regard to
problems of counterinsurgency and peace and order,
Aquino addressed these through the creation of
Autonomous Regions (CAR in 1987 and ARMM in 1989).
FIDEL V. RAMOS
He is known for his vision of Philippines 2000. His administration

opened the Philippine economy to foreign investors,
prompting increased investments in the country after Martial
Law.
Regarding bureaucratic reforms, Ramos continued

modernization and capacity-building in the government. He
pursued international relations with the ASEAN, APEC, and
UN.
JOSEPH E. ESTRADA
He is known for his charisma and appeal to the masses. But

because of plunder and corruption in the government, he
was deposed and was succeeded by his vice president.
His campaign “Erap para sa mahirap” brought hope to the

people who saw him as the president who could relate to
them. At the core of his government policies was addressing
the problems of poverty, criminality, and corruption.
GLORIA MACAPAGAL-ARROYO
She was a former member of the Congress who rose to

power when she assumed presidency after Estrada was
ousted.
Legislative-executive relations were definitely excellent

during her term. She was more familiar and skillful in dealing
with the members of the Congress.
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BENIGNO S. AQUINO III
He became the 15th president of the country. Aquino began

his efforts to get rid of a corruption-laden government via the
campaign slogan “Daang Matuwid.”
Aquino’s administration also saw a reform in the education

sector after the Enhanced Basic Education Act of 2013 was
signed. Hence, the K to 12 program was institutionalized to
decongest the previous basic education program.
RODRIGO R. DUTERTE
He is the current president of the country. Before being elected,

He was the long-serving mayor of Davao City for a total of seven
terms. Running with the campaign slogan “Change is Coming”
primarily with a platform of having a corruption-free
government and crime and drug-free society.
Duterte has been very vocal about the administration’s war

against drugs through his platform, TOKHANG despite having
been heavily criticized for the killings associated with his
campaign.
LEGISLATIVE BRANCH
It is a political organ of government whose appropriate function is the making or enactment of
laws. In the Philippines, the Congress of the Philippines, as the repository of legislative power, is the
legislative branch of the government.
LEGISLATIVE POWER- is essentially the authority under the Constitution to make laws and to alter and
repeal them. The essential of the legislative function is the determination of the legislative policy and
its promulgation as a defined and binding rule of conduct.
CONGRESS- is a double-chamber body consisting of the Senate and the House of Representatives who
were granted with the legislative power.
BIG IDEA
Currently, Vicente Sotto III is the

Senate President and Alan Peter
Cayetano is the House Speaker
Fig. 6.3 Philippine Congress during

Duterte’s SONA
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SENATE HOUSE OF
REPRESENTATIVES
CONGRESSMEN PARTY-LIST
REPRESENTATIVES
Those who shall be
elected from Those who are
legislative districts provided by law,
apportioned among shall be elected
the provinces, cities, through a party-list
and the Manila area system of registered
in accordance with national, regional,
the number of their and sectoral parties
respective or organizations.
inhabitants.
STRUCTURE AND ORGANIZATION OF THE PHILIPPINE CONGRESS
Table 6.2 Congress: Composition, Election, and Terms of Office
SENATE HOUSE OF REPRESENTATIVES
Composition 24 250 (unless otherwise fixed by law)
Manner of Election Elected at large by qualified By district proportional representation

voters and by party-list system
Term of Office Six years Three years
Maximum Term of Office Two consecutive terms Three consecutive terms
Table 6.3 Qualifications of the Members of Congress
SENATE HOUSE OF REPRESENTATIVES
At least 35 years old At least 25 years old
Registered voter Registered voter in the district
Able to read and write Able to read and write
Natural-born citizen Natural-born citizen
Resident of the Philippines for not less than two Resident of the district for not less than a year
years
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The policies needed to address the issues are usually in the form of laws created by the state’s
legislature
Meaning of Bill
A bill is a draft of a law which can originate from either house of the Philippine Congress.
STEPS IN THE PASSAGE OF A BILL
REFERRAL TO APPROPRIATE
COMMITTEE FIRST READING
The bill is referred to the Any member of either

proper committee for House may present a bill.
study or consideration. During the 1st reading,
the bill is read by its
number and title.
SECOND READING DEBATES
If the committee reports the bill A general debate is then

favorably, the bill is forwarded to the opened after the 2nd
Committee on Rules so that it can be reading and amendments
calendared for deliberation on 2nd may be proposed by any
reading. At this point, the bill is read in member of the Congress.
its entirety.
PRINTING AND
THIRD READING DISTRIBUTION
After approval on 2nd reading,

At this stage, only the title of the
the bill is then ordered and
bill is read. Upon the last reading
printed in its final form and
of a bill, no amendment is
copies are distributed among
allowed and the vote is taken
members of the House.
immediately.
REFERRAL TO THE OTHER SUBMISSION TO THE

HOUSE PRESIDENT
A bill approved on Third Reading

If approved, the bill is then by both Houses shall be printed
referred to the other House. in enrolled form and transmitted
to the President for his action.
©PDF
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When does a bill become a law?
1. When the president approves the bill by signing it.

2. When he vetoes the bill and returns the same with his objections to the House where it originated,
and the same is repassed over his veto by a vote of two-thirds of all the members of both Houses.
3. If the president does not communicate his veto of any bill to the House where it originated within
thirty (30) days after the date of receipt.
CLASSIFICATION OF POWERS OF CONGRESS
The primary function of the Congress is to legislate. The Constitution, however, has also expressly
given it powers which are non-legislative in character.
The powers of the Congress may be classified into:
1. General Legislative Power- it is the power to enact laws intended as rules of conduct to govern
the relations among individuals or between the individuals and the Senate.
2. Specific Powers- they are powers which the Constitution expressly directs or authorizes Congress
to exercise like power to choose who shall become the President in case two or more
candidates have an equal and highest number of votes, to confirm certain appointments by
the President, to promote social justice, to declare the existence of a state of war, to impose
taxes, to appropriate money, to impeach, and to act as a constituent assembly.
3. Implied Powers- they are those essential or necessary to the effective exercise of the powers
expressly granted, like the power to conduct inquiry and investigation in aid of legislation, to
punish for contempt, to determine the rules of its proceedings.
4. Inherent Powers- they are the powers which are possessed and can be exercised by every
government because they exist as an attribute of sovereignty. In other words, they are always
deemed conferred by the people even if not expressly granted by them in the Constitution.
JUDICIAL BRANCH
It is a non-political organ of the government whose function is to interpret, construe, and apply the
law.
JUDICIAL POWER- is the power to apply the laws to contests or disputes concerning legally organized
rights or duties between the State and private persons, or between individual litigants in cases properly
brought before the judicial tribunals.
SCOPE OF JUDICIAL POWER
1. It includes the duty of courts of justice:

(a) To settle actual controversies involving rights which are legally demandable and
enforceable; and
(b) To determine whether there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the government.
2. It also includes the power:

(a) To pass upon the validity or constitutionality of the laws of the State and the acts of the other
departments of the government;
(b) To interpret and construe them; and
(c) To render authoritative judgments.
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3. It likewise includes the incidental powers necessary to the effective discharge of the judicial
functions such as the power to punish persons adjudged in contempt.
LOWER
SUPREME OTHER LOWER
COLLEGIATE
COURT COURT COURT
Consist of judges of:

Consist of Chief and Regional Trial Court
Associate Justices Consist of Chief and Metropolitan Trial
Associate Justices of Municipal Court
QUALIFICATIONS: Court of Appeals,
✓ Natural-born citizen Sandiganbayan, and
QUALIFICATIONS:
✓ 40 years of age Court of Tax Appeals
✓ 15 years as judge or ✓ Natural-born citizen
QUALIFICATIONS: ✓ Lawyer
as practitioner
✓ Person of proven ✓ Natural-born citizen ✓ Person of proven
competence, ✓ Lawyer competence,
integrity, probity, integrity, probity, and
✓ Person of proven
and independence independence
competence,
✓ Possesses other
integrity, probity, and
qualifications
independence
prescribed by the law
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Fig. 6.4 The organization of Courts
BEYOND BORDERS
OTHER CONSTITUTIONAL BODIES
A. CONSTITUTIONAL COMMISSION- these are the Civil Service Commission, the Commission on
Elections, and the Commission on Audit which are independent bodies.
• The Civil Service Commission shall administer the civil service. It shall establish a career service
and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness,
and courtesy in the civil service.
• The primary duty of the Commission on Elections is to enforce and administer all laws and
regulations relative to the conduct of an election.
• The Commission on Audit shall have the power , authority, and duty to examine, audit and settle
all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and
property, owned or held in trust by, or pertaining to the Government.
B. COMMISSION ON APPOINTMENTS- consists of the Senate President as ex-officio Chairman, and

12 senators, and 12 members of the House of Representatives. Its prime function is to confirm or
reject presidential appointment of officers.
• Electoral Tribunal- The senate and the House of Representatives Electoral Tribunal shall be the
sole judge of all contests relating to the election, returns, and qualifications of their respective
members.
• Impeachment Court- The Senate shall have the sole power to try and decide all cases of
impeachment.
• Canvassing Body- Congress, during national elections sits as a canvassing board. Its duty as such
is to determine the authenticity and due execution of certificate of returns of every election for
President and Vice President issue by the board of canvassers of each province or city and to
canvass the votes.
• Constituent Body and Constitutional Convention- Congress may sit as a constituent body or
people or Congress may call a Constitutional Convention to propose amendment to or revision
of the Constitution.
• Judicial and Bar Council- The regular members of the Council shall be appointed by the
President for a term of four (4) years with the consent of the Commission on Appointments. Its
principal function is recommending appointees to the Judiciary.
• Ombudsman- The Ombudsman and his deputies, as protectors of the people, shall act promptly
on complains filed in any form or manner against government agencies.
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C. HUMAN RIGHTS COMMISSION- shall be composed of a chairman and four (4) members. The
primary power of the Commission is to investigate, on its own or on complaint by any party, all
forms of human rights violations involving civil and political rights.
ASSESSMENT
A. MULTIPLE CHOICE: Read and analyze the statement carefully. Choose the best, nearest, and
correct answer. Highlight the letter of your choice. (10 items, 1 point each)
1. Which of the following refers to the power to administer law which means carrying them
into practical operations?
A. Executive Power C. Legislative Power
B. Judicial Power D. Police Power
2. What constitutional officer consists the Supreme court?

A. Associate Justice of COA C. Municipal Trial Court Judge
B. Chief Justice D. Notary Public Lawyer
3. The following are qualifications of a President, except:

A. Able to read and write C. Natural born citizen
B. At least 35 years old D. Registered voter
4. What type of democracy is applied when people exercise power of sovereignty through
chosen representatives?
A. Direct Democracy C. Inherent Democracy
B. Indirect Democracy D. Implied Democracy
5. How does a bill become a law?

A. When the President vetoes it
B. When the Congress have a 1/3 vote for its approval
C. When the President approves the bill by signing it
D. When the president does not communicate his veto of any bill to the House where it
originated within thirty-five (35) days after the date of receipt.
6. Who will serve the unexpired term of the President in case he died during his term?
A. Chief Justice C. Senate President
B. House Speaker D. Vice President
7. Which of the following is a draft of a law submitted to the consideration of a legislative body
for its adoption?
A. Bill C. Law
B. Journal D. Statute
8. What system is provided by the Constitution to secure coordination in the workings of the
various departments of the government, by having one check on the acts of another?
A. Bill of Rights C. Public Accountability
B. Checks and Balances D. Separation of Powers
9. Which comes next after a bill has passed the third reading?/
A. Printing and Distribution C. Referral to the other House
B. Referral to Committee D. Submission to the President
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10. How many years of residency in the Philippines should a Vice President acquire for him/ her
to be qualified in the position?
A. 1year C. 10 years
B. 5 years D. 25 years
B. SITUATIONAL ANALYSIS: Read and analyze the statements carefully. Give a logical and coherent
response for each of the situations.
1. President Fidel V. Ramos became the President of the Republic of the Philippines from 1992-
1998. He was admired by many for increasing the investment of the country through his
program, Philippines 2000 and for pursuing foreign relations. With this result in mind, can the
former President run again for presidency at the 2004 elections? Provide basis for your answer
and explain it comprehensively. (1 item, 4 points).
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2. Raul S. Roco was elected senator in 1992 and re-elected in 1995. His second consecutive term
ended in 2001. Can he run again for senator at the 2022 elections? Provide basis for your
answer and explain it comprehensively. (1 item, 3 points).
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3. The Anti- Terrorism Act of 2020 was recently passed and officially designated as Republic Act
No. 11479. The law is intended to prevent, prohibit, and penalize terrorism in the Philippines. This
has been controversial and people were against its implementation. Hence, many would agree
that the law is unconstitutional. What constitutional body can declare if the law is constitutional
or not? Provide basis for your answer and explain it comprehensively. (1 item, 3 points).
______________________________________________________________________________________________
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______________________________________________________________________________________________
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REFERENCES
• Dannug, Roman R. & Campanilla, Marlo. (2003). Politics, Governance and

Government with Philippine Constitution
• Parliamentary Education Office, 2019. https://peo.gov.au/
• Ramos, Renan E. (2016). Philippine Politics and Governance. Quezon City: Vibal
Group, Inc.
• Villanueva, Prince Aian G. (2017). Philippine Politics and Governance. Makati City:
DIWA Learning System, Inc.

Three Major Branches of The Government

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Three Major Branches of The Government

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Philippine Politics and Governance

Governor Pack Road, Baguio City, Philippines 2600

THREE MAJOR BRANCHES OF THE GOVERNMENT

Through this module, the learners are able to:

INDIRECT DEMOCRACY- the people exercise powers of sovereignty through

SOME MANIFESTATIONS OF REPUBLICANISM

Fig 6.1: Principle of Separation of Powers

Fig 6.2: Principle of Checks and Balances

PRESIDENT VICE PRESIDENT CABINET

What powers do the President and Vice President hold?

PRESIDENT VICE PRESIDENT

PUBLIC OFFICIAL QUALIFICATIONS MANNER OF ELECTION TERM OF OFFICE

President 1. A natural-born The president and vice Six years

PRESIDENTIAL SUCCESSION on VACANCIES OCCURING BEFORE HIS TERM

Until the President-

RULE in CASE of DISABILITY of the PRESIDENT

Vice President shall become

PHILIPPINE PRESIDENTS DURING THE CONTEMPORARY PERIOD

PRESIDENTS OF THE FIFTH REPUBLIC

1986-1992 1992- 1998 1998- 2001 2001-2004; 2010- 2016 2016-

She has been regarded as an icon of Philippine democracy.

During her term, important legislations were passed such as

He is known for his vision of Philippines 2000. His administration

Regarding bureaucratic reforms, Ramos continued

He is known for his charisma and appeal to the masses. But

His campaign “Erap para sa mahirap” brought hope to the

She was a former member of the Congress who rose to

Legislative-executive relations were definitely excellent

BENIGNO S. AQUINO III

He became the 15th president of the country. Aquino began

Aquino’s administration also saw a reform in the education

He is the current president of the country. Before being elected,

Duterte has been very vocal about the administration’s war

Currently, Vicente Sotto III is the

Fig. 6.3 Philippine Congress during

STRUCTURE AND ORGANIZATION OF THE PHILIPPINE CONGRESS

Table 6.2 Congress: Composition, Election, and Terms of Office

SENATE HOUSE OF REPRESENTATIVES

Composition 24 250 (unless otherwise fixed by law)

Manner of Election Elected at large by qualified By district proportional representation

Term of Office Six years Three years

Maximum Term of Office Two consecutive terms Three consecutive terms

Table 6.3 Qualifications of the Members of Congress

SENATE HOUSE OF REPRESENTATIVES

At least 35 years old At least 25 years old

Registered voter Registered voter in the district

Able to read and write Able to read and write

Natural-born citizen Natural-born citizen

STEPS IN THE PASSAGE OF A BILL

The bill is referred to the Any member of either

SECOND READING DEBATES

If the committee reports the bill A general debate is then

After approval on 2nd reading,

REFERRAL TO THE OTHER SUBMISSION TO THE

A bill approved on Third Reading

When does a bill become a law?

1. When the president approves the bill by signing it.

CLASSIFICATION OF POWERS OF CONGRESS

The powers of the Congress may be classified into:

SCOPE OF JUDICIAL POWER

1. It includes the duty of courts of justice:

2. It also includes the power:

Consist of judges of: