The Three Branches of the

Philippine Government
Legal-Institutional Approach
 EXECUTIVE DEPARTMENT

LEGISLATIVE DEPARTMENT JUDICIAL DEPARTMENT

 The Three Branches of the Philippine
Government
• Constitutionality
• Political Powers
• Members and Hierarchy
• Qualification of Members
• Terms and Tenure
• Relevant Task Groups
• Checks and Balances
• Special Powers
• Limitations
• Law Enactment
• Law Interpretation
 CONSTITUTIONALITY
LEGISLATIVE EXECUTIVE JUDICIARY

ARTICLE VI ARTICLE VII of ARTICLE VIII

of the 1987 the 1987 of the 1987
Constitution Constitution Constitution
(Bicameral) (Presidential)
 POLITICAL POWERS
LEGISLATIVE EXECUTIVE JUDICIARY

LEGISLATIVE EXECUTIVE JUDICIAL

POWER POWER POWER
• Create Laws • Implement Laws • Interpret Laws
 POLITICAL POWERS
LEGISLATIVE EXECUTIVE JUDICIARY

LEGISLATIVE EXECUTIVE JUDICIAL POWER

POWER POWER • settle actual
• to enact, ordain, controversies involving
• law enforcement, rights which are legally
alter, or modify, demandable and
repeal, or abrogate administration enforceable
existing laws. and directing the • to determine grave abuse
• Vested on in the
conduct of of discretion amounting
Congress and the foreign affairs. to lack or excess of
jurisdiction of Gov.
People through • Vested on the • Vested in the Supreme
initiative & President (Sec. 1) Court and lower courts
referendum (Sec.1) (Sec. 1)
 MEMBERS & HIERARCHY
LEGISLATIVE EXECUTIVE JUDICIARY

HOR: • Supreme Court

• Speaker of the President • Chief Justice & 14
House of Vice President Associate Justices
Representatives • Court of Appeals
Cabinet Members:
• District Rep. (Per • Sandiganbayan
Legis. Districts) • Executive
• Court of Tax Appeals
• Partylist Rep. Secretary
• Regional Trial Court
(Sectoral) • Cabinet Secretary
• Shari 'a Courts
SENATE: • Secretaries of • Municipal Trial
• Senate President Departments Courts/Metropolitan
• Senators Trial Courts
 QUALIFICATION OF MEMBERS
LITERACY/
CITIZENSHIP AGE RESIDENCY OTHER
COMPETENCY
REQUIREMENT REQUIREMENT REQUIREMENT REQUIREMENT
REQUIREMENT
PRESIDENT/VP 40 years old on
Natural Born Able to read PH resident 10 yrs. Registered voter
(Sec. 2 & 3, Art. the day of
Filipino and write preceding the election in the Philippines
VII) election
35 years old on
SENATOR Natural Born Able to read PH resident 2 yrs. Registered voter
the day of
(Sec. 3, Art. VI) Filipino and write preceding the election in the Philippines
election
25 years old on Resident of the district to Registered voter
DISTRICT REP. Natural Born Able to read
the day of be elected for 1 yr. in the district to
(Sec. 6, Art. VI) Filipino and write
election preceding the election be elected
25 years old on PH resident 1 yr. preceding
PARTYLIST REP. Natural Born Able to read Registered voter
the day of the election
(Sec. 6, Art. VI) Filipino and write in the Philippines
election
15 yrs. Judge Competence,
Natural Born
SC JUSTICES 40 years old or law NONE Integrity, Probity,
Filipino
practitioner Independence.
 TERMS AND TENURE
TERM TERM LIMIT TENURE IN CASE OF VACANCY, DISQUALIFICATION

1 ONLY (No reelection • Vice-President (Sec. 8)

PRESIDENT
6 yrs. unless served for less Max 6 yrs. • Senate President if no VP
(Sec. 4, Art. VII)
than 4 yrs.) • Speaker of HOR if no VP & SP (Sec. 7)

VICE PRESIDENT Max 12 yrs. If Member from Congress nominated by the

6 yrs. 2 Consecutive Terms
(Sec. 2, Art. VII) re-elected President ( Sec. 9)

SENATOR
Max 12 yrs. If
(Sec. 3, Art. VI) 6 yrs. 2 Consecutive Terms Special Election (Sec. 8)
re-elected

REPRESENTATIVES 3 Consecutive Max 9 yrs. If

3 yrs. Special Election (Sec. 8)
(Sec. 6, Art. VI) Terms re-elected

The Judicial and Bar Council will recommend 3

SC JUSTICES N/A N/A Max 30 yrs. short-listed candidates, and the president will
appoint.
 RELEVANT TASK GROUPS

Commission on Judicial and Bar Electoral

Council
Appointments •Chief Justice Tribunals
• Ex Officio Chair: •Secretary of Justice (SET or HRET)
Senate President •Representative from
• 1 Senior SC Justice
Congress
• 12 Senators •IBP Representative as Chair
• 12 Representative •Retired member of the • 2 other SC Justices
Supreme Court
• Proportional • 6 members from
•Professor of law Congress
Political Party •Private Sector
Representation Representative • Proportional Political
Party Representation
 CHECKS AND BALANCES
CHECK OF
(DOWN) TO LEGISLATIVE EXECUTIVE JUDICIARY
(ACROSS)
• Legislative Override • Lower Court
• Commission on Appointments Jurisdiction
• Each House may
• Ratification of Treaties • Judicial & Bar Council
LEGISLATIVE modify provisions of a
• Oversight function Members
bill
• Emergency powers to the President • Impeachment of
• Martial Law (extension & revocation) Justices

• President has Command Responsibility

• Veto Power to all Cabinet members • Appointment of
EXECUTIVE
• Certification of a bill • Declaration of inability to discharge Justices
function by the President or the Cabinet

• The Supreme Court

• Constitutionality of Program/Policy may override
• Constitutionality of
JUDICIARY • Validity of Suspension of Writ of Habeas decisions of lower
Law
Corpus and/or Martial Law courts
• May remove Judges
 SPECIAL POWERS & PRIVILEGES
LEGISLATIVE EXECUTIVE JUDICIARY

• Power of the Purse •Commander-in Chief of the AFP • Determination of

•Appointing Power
(sec. 25, Art. VI) •Declaration of Martial law
Probable Cause
• Freedom from Arrest •Suspension of Writ of Habeas Corpus • Jurisdiction over Writs:
•Pardoning Power •
• Privilege Speech Certiorari
•Borrowing Power
• Prohibition
• Freedom of Debate •Diplomatic Power
•Budgetary Power • Mandamus
• Power to Declare War •Informing Power • Quo warranto
•Power over Aliens
• Commission on •Power of Eminent Domain
• Habeas corpus
Appointments •Power to Recover Ill-Gotten Wealth • Legality of Tax
• Oversight Function •Power of General Supervision over
LGUs • Assignment of Judge
• Amnesty Power •Power to issue Executive Issuances
(EO, AO, Proclamation) • Order of Change of
trial venue
 LIMITATIONS
LEGISLATIVE EXECUTIVE JUDICIARY

• Disclosure of SALN • Appointing of • Common

• Incompatible and spouse and litigation problem
Forbidden Office relatives within • Foreign Policy
• Prohibition to the 4th Civil
appear as counsel Degree • Jurisdiction (For
• Prohibition to own • Midnight lower courts)
or participate in appointees
private contracts,
• Other
franchise, business,
and etc. employment or
office
LAW ENACTMENT (sec. 26, Art. 26)
 3 WAYS WHEN A BILL MAY
BECOME A LAW
1.) When the President approves the bill by
signing it.
2.) When the President vetoes the bill and
the same is overriden by 2/3 votes of
all the members of both Houses.
3.) When the President does not
communicate his veto within 30 days
after the date of receipt.
 Bills that should Originate from the
HOUSE OF REPRESENTATIVES
•Appropriations bill - An appropriation bill is one the
primary and specific aim of which is to make
appropriations of money from the public treasury. A bill
of general legislation which carries an appropriation as
an incident thereto to carry out its primary and specific
purpose is not an appropriations bill
•Revenue bill – one the primary and specific purpose of
which is to raise revenue;
•Tariff bill – as used in the Constitution, it has reference
to one imposing customs duties for revenue purposes
 Bills that should Originate from the
HOUSE OF REPRESENTATIVES
•Bill authorizing increase of the public debt – one which
creates public indebtedness such as a bill providing for
the issuance of bonds and other forms of obligations;
•Bill of local application – one affecting purely local or
municipal concerns like one creating a city or
municipality or changing its name;
•Private bill – one affecting purely private interest, such
as one granting a franchise to a person or corporation,
or compensation to a person for damages suffered by
him for which the government considers itself liable.
 Law-making through Initiative and
Referendum
SECTION 32, ART VI
• The Congress shall, as early as possible, provide for a
system of initiative and referendum, and the exceptions
therefrom, whereby the people can directly propose and
enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body
after the registration of a petition therefor signed by at least
ten per centum of the total number of registered voters, of
which every legislative district must be represented by at
least three per centum of the registered voters thereof.
LAW INTERPRETATION (Sec 5, Art. VIII)
 WRITS: Powers of The Supreme Court
(Sec 5, Art. VIII)
•CERTIORARI - a court process to seek judicial review of a
decision of a lower court or government agency.
•PROHIBITION - "an extraordinary remedy available to compel
any tribunal, corporation, board, or person exercising judicial
or ministerial functions, to desist from further [proceeding] in
an action or matter when the proceedings in such tribunal,
corporation, board or person are without or in excess of
jurisdiction or with grave abuse of discretion
•MANDAMUS - “a special civil action brought by an
aggrieved party against a tribunal, corporation, board, officer
or person unlawfully neglecting the performance of an act
which the law specifically requires as a duty resulting from
an office, trust or station.”
 Powers of The Supreme Court
(Sec 5, Art. VIII)
• QUO WARRANTO - a special form of legal action
used to resolve a dispute over whether a specific
person has the legal right to hold the public office
that he or she occupies.
• HABEAS CORPUS - it is a law stating that an
individual cannot be imprisoned or held in custody
inside a prison cell unless he/she has first been
brought before a court of law, which decides
whether or not it is legal for the person to be kept
in prison. Translated from Latin it means "show
me the body."
END