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A COMPARATIVE MATRIX BETWEEN THE THREE BRANCHES OF THE GOVERNEMNT

LEGISLATIVE DEPARTMENT EXECUTIVE DEPARTMENT JUDICIAL DEPARTMENT
POWERS

Legislative Power - The Congress has the power
to make, alter or repeal laws.
Such power is also reserved to the people by
initiative and referendum.
 Power to enact laws
 Police power
 Power of eminent domain
 Power of taxation
 Power to choose who shall become
 President in case of tie (Sec 4 (4))
 Power to impose death penalty
 Power to act as a constituent assembly
 Power to declare existence of war
 Power to confirm the appointments of govt
 officials
 Power to ratify treaty
 Power to conduct investigation in aid of legislation
 Immunity from arrest for offenses
 punishable by not more than 6yrs of
 imprisonment
 Power to appropriate money
 Power to impeach
Executive Power - The President shall have the
control over all the executive departments,
bureaus and offices, and ensure that the laws are
faithfully executed.
 Power to implement laws
 Administrative power and control over the
 agencies of the govt
 Power to appoint govt officials
 Pardoning power
 Power to declare martial law
 Power to suspend the privilege of writ of habeas
 corpus
 Power to veto a law
 Power of supervision
 Power of control over the local govt
 Power to conduct treaty and international
 agreement with other states
MANNER OF ELECTION
 Judicial power includes the duty of the
courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable
and to determine whether or not 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
 Vested in Supreme Court and in such
lower courts as may be established by
law (1 Chief Justice and 14 Associate
Justices) Hence, by the principle of
separation of powers, courts may
neither attempt to assume nor be
compelled to perform non-judicial
functions.

SENATE Elected by direct vote of the people Appointment made by the President from a list
- Elected at large of at least three (3) nominees prepared by the
Judicial and Bar Council.
HOUSE OF REPRESENTATIVES
- Elected by Districts and Party-List System
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TERM AND LIMITS

SENATE PRESIDENT  No Term Limit

- 6 years per term - 6 years per term
-Maximum of 2 consecutive terms - Not eligible for any reelection
HOUSE OF REPRESENTATIVES: VICE-PRESIDENT
- 3 years per term - 6 years per term
- Maximum of 3 consecutive terms - Cannot serve for more than 2 successive terms
Commencement of term shall be on the 30th of
June next following the day of election and ends at
noon of the same date six years later.
No person who has succeeded as President and
has served as such more than 4 years shall be
qualified for election to the same office at any time.
 The Members of the Supreme Court
and judges of the lower court shall hold
office during good behavior until they
reach the age of seventy years or
become incapacitated to discharge the
duties of their office.
 The Supreme Court en banc shall have
the power to discipline judges of lower
courts or order their dismissal by a vote
of majority of the Members who actually
took part in the deliberations on the
issues in the case and voted in thereon.

Voluntary renunciation of either office for any

length of time shall not be considered as
interruption.

COMPOSITION AND QUALIFICATIONS

SENATE HOUSE OF a. PRESIDENT Supreme Court

REPRESENTATIVES b. VICE PRESIDENT • 1 Chief Justice
NO. OF MEMBERS c. CABINET MEMBERS • 14 Associate Justices
- 24 Senators NO. OF MEMBERS
- Not more than QUALIFICATIONS OF PRESIDENT AND
QUALIFICATIONS 250,unless otherwise VICE-PRESIDENT Statutory Courts
provided by law • Court of Appeals
- Natural-born Filipino - A Registered voter • Regional Trial Court
- At least 35 years old on QUALIFICATIONS - Able to read and write • Metropolitan Trial Court
election day - At least 40 years of age on the day of election • Municipal Trial Court in Cities
- Able to read and write District Representative - Resident of the Philippines for at least 10 years • Special Courts
- Registered voter - Natural born Filipino immediately preceding election
- Resident of the - At least 25 years old
Philippines for at least 2 - Able to read and write
years on election day Qualifications of a member of the Supreme
- Registered voter
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- Resident of the Court
Philippines for at least 1  Natural-born citizen of the Philippines
year on election day  At least 40 years of age
 Must have been 15 years or more a
Party-list judge of a lower court or engaged in the
Representatives practice of law in the Philippines
- Natural-born Filipino  A person of proven competence,
- Registered voter integrity, probity, and independence
- Able to read and write
- A bona-fide member of Qualifications of a member of a Lower
the party or organization Court:
which he seeks to  Natural-born citizen of the Philippines
represent for at least 90  Member of the Philippine Bar
days before the election  Possessing the other qualifications
- At least 25 years old prescribed by Congress
(Not more than 30 years  Must be a person of proven
old if a nominee of the competence, integrity, probity, and
youth sector) independence
The Congress shall prescribe the qualifications
of judges of lower courts, but no person may
be appointed judge thereof, unless he is a
citizen of the Philippines and a member of the
Philippine Bar.

Special Election may be called to fill such vacancy
in the manner prescribed by law.
The elected member shall serve only for the
unexpired term.
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VACANCIES
WHEN VACANCY EXISTS AT THE BEGINNING Any vacancy shall be filled within ninety (90)
OF THE TERM days from the occurrence thereof. The Member
of the Supreme Court and judges of lower
- If President fails to qualify, Vice President-elect courts shall be appointed by the President from
shall act as President until the President-elect shall a list of at least three nominees prepared by
have qualified. the Judicial and Bar Council for every vacancy,
such appointments need no confirmation.
- If no President has yet been chosen, Vice Appointment of Members of the Supreme Court
President-elect shall act as President until a and Judges of Lower Court Non-political
President shall have been chosen and qualified. process of selection appointment – the
appointing power is vested alone in the
- If President dies or becomes permanently President. List of at least three years
disabled, Vice President-elect shall become nominees- the President shall appoint from a
President. list of at least 3 nominees prepared by the
Judicial and Bar Council for every vacancy.
- If both President and Vice President have not yet Judicial and Bar Council – instead of leaving its
been chosen or qualified. creation to legislation, the Constitution itself
creates the council providing at the same time
- If both shall have died or become permanently its composition, appointment of the members,
disabled, the Senate President, or in case of his their term of office, their emoluments, and their
inability, the Speaker of HOR shall act as functions.
President until a President or a Vice President
shall have been chosen and qualified.
- If the Senate President and Speaker of HOR
shall have died or permanently incapacitated, or
unable to assume office, the Congress will decide
by law who will act as President until a President
or Vice President shall have been elected and
qualified.
WHEN VACANCY OCCUR AFTER THE OFFICE
HAS BEEN INITIALLY FILLED
- The Vice President becomes President for the
unexpired term in case of:
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• Death
• Permanent Disability
• Removal from Office
• Resignation

- When both the President and Vice President

(same as stated above), the Senate President, or
in his inability, Speaker of HOR, shall act as
President or Vice President until the same shall
have been elected and qualified.

- When the Acting President and the Vice

President (same as stated above), Congress will
determine by law who will act as President until a
President or Vice President
shall have been elected and qualified.

VACANCY FILLED FOR VICE PRESIDENT

- President nominates from among members of
Congress, who shall win by majority vote of all
members of both Houses, voting separately.

VACANCIES IN BOTH THE PRESIDENT AND

VICE PRESIDENT
- Special Election will be called by Congress.
- At 10am on 3rd day of vacancy in the office of
President or Vice President occurs.
- Shall convene in accordance with its rules without
need of a call.
- Within 7 days enact a law calling for a special
election.
- To be held not earlier than 45 days nor later than
60 days from time of call.

No special election shall be called if vacancy

occurs within 18 months before date of next
presidential election.
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PROHIBITIONS
 Senator/ Member of House cannot hold any - The President, Vice-President, the Members of The members of the Supreme Court and of
other office or employment in the government or the Cabinet, and their deputies or assistants shall other courts established by law shall not be
any subdivision, agency or instrumentality not, unless otherwise provided in this Constitution, designated to any agency performing quasi-
including GOCCs or their subsidiaries. hold any other office or employment during their judicial or administrative functions.
tenure.
 Legislators cannot be appointed to any office SAFEGUARDS THAT GUARANTEE
which may have been created or the - The spouse and relatives by consanguinity or JUDICIAL INDEPENDENCE:
emoluments thereof increased during the term affinity within the fourth civil degree of the  The Supreme Court is a constitutional
for which he was elected. President shall not during his tenure be appointed body; it may not be abolished by the
as members of the Constitutional Commissions, or legislature.
 Legislators cannot personally appear as the Office of the Ombudsman, or as Secretaries,  The members of the Supreme Court are
counsel before any court of justice, electoral Undersecretaries, chairmen or heads of bureaus or removable only by impeachment.
tribunal, quasi-judicial and administrative offices, including government.  The Supreme Court may not be
bodies. deprived of its minimum original and
- Owned or controlled corporations and their appellate jurisdiction; appellate
 Legislators cannot intervene in any matter subsidiaries. jurisdiction may not be increased
before any office of the government for his without its advice and concurrence.
pecuniary benefit or where he be called upon to - They shall not, during said tenure, directly or  The Supreme Court has administrative
act on account of his office. indirectly, practice any other profession, participate supervision over all inferior courts
in any business, or be financially interested in any  and personnel.
 Legislators cannot, directly or indirectly, be contract with, or in any franchise, or special  The Supreme Court has the exclusive
interested financially in any contract with, or in privilege granted by the Government or any power to discipline judges/ justices
any franchise or special privilege granted by the subdivision, agency, or instrumentality thereof,
 of inferior courts.
Government, or any subdivision, agency, or including GOCC or their subsidiaries.
 The members of the Judiciary have
instrumentality thereof, including any
security of tenure.
government-owned or controlled corporation, or
its subsidiary, during his term of office.  The members of the Judiciary may not
be designated to any agency performing
quasi-judicial or administrative
functions.
 Salaries of judges may not be reduced;
the Judiciary enjoys fiscal autonomy.
 The Supreme Court, alone, may initiate
and promulgate the Rules of Court.
 The Supreme Court, alone, may order
temporary detail of judges.
 The Supreme Court can appoint all

SPECIFIC POWERS AND ITS LIMITATIONS
1) Legislative Powers
a) Ordinary - power to pass ordinary laws
b) Constituent - power to amend and/or
revise the Constitution
2) Investigatory Power (Legislative inquiries in
aid of legislation)
3) Oversight function
4) Power to declare the existence of state of
war
5) Power to act as Board of Canvassers in
election of President
6) Power to call a special election for President
and Vice-President
7) Powe to judge President’s physical fitness to
discharge the functions of the Presidency
8) Power to revoke or extend suspension of the
privilege of the writ of habeas corpus or
declaration of martial law
9) Power to concur in Presidential amnesties.
Concurrence of majority of all the members
of Congress.
10) Power to concur in treaties or international
agreements. Concurrence of at least 2/3 of
all the members of the Senate.
11) Power to confirm certain
appointments/nominations made by the
President
12) Power of Impeachment
13) Power relative to natural resources
14) Power of internal organization
a) Election of officers
b) Promulgate internal rules
c) Disciplinary powers
1) Executive Power
- The president shall have the control over all
the executive departments, bureaus and
offices. He shall ensure that all laws are
faithfully executed.
2) Military Power
- As the Commander-in-chief of the AFP, he
may call upon them to suppress lawless
violence when it becomes necessary.
3) Pardoning Power
- The President may grant reprieves,
commutation, and pardons after conviction
by a final judgment
4) Borrowing Power
- The President may contract or guarantee
foreign loans on behalf of the Republic with
prior concurrence of the monetary board
5) Diplomatic Power
- The President is the spokesperson of the
nation for external affairs. He may deal with
foreign states and governments
6) Power of Appointment
- The act or designation by the executive
officer, board, or body to whom the power
has been delegated, of the individual who
is to exercise the functions of a given office
7) Power of Removal
- May be implied from the power of
appointment.
- Exception: The President cannot remove
officials appointed by him where the
Constitution prescribes certain methods.
(i.e can be removed only by impeachment)
8) Budgetary Power
- The President shall submit a budget or
expenditure, within 30 days after the
opening of every regular session. The
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officials and employees of the Judiciary.
 Original Jurisdiction: Exercise over
cases affecting ambassadors, other
public ministers and consuls, and
petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas
corpus.
 Appellate Jurisdiction: Review, revise,
reverse, modify or affirm on appeal or
certiorari final judgments and orders of
lower courts in:
a) Cases where constitutionality or
validity of Treaty, Executive
Agreement or Law is in question;
b) Cases where legality of tax, impost,
assessment or toll is in question;
c) Cases in which jurisdiction of lower
courts is in issue;
d) Criminal cases in which penalty is
reclusion perpetua or higher; or
e) Error or question of law is involved.
 Assign temporarily judges of lower
courts to other stations as public
interest may require. Such temporary
assignment shall not exceed 6 months
without the consent of the judge
concerned.
 Order a change of venue or place of
trial to avoid a miscarriage of justice.
 Rule Making Power: Promulgate rules

budget cannot be increased.
9) Informing Power
- The President shall address the Congress
to the opening of its regular session. He
may also appear before it at any other time.
10) Power of Control
- He may alter, modify, nullify or set aside
what a subordinate officer had done in the
performance of his duties and to substitute
the judgment of the former for that of the
latter. Power of Control includes the Power
to Reorganize executive offices.
11) Residual Power
- Those which are implicit in and correlative
to the paramount duty residing in that office
to safeguard and protect General Welfare.
12) Power of Supervision
- The President's power of general
supervision means no more than the power
of ensuring that laws are faithfully
executed, or that subordinate officers act
within the law.
13) Executive Privilege
- Power of the President to withhold certain
types of information from the courts, the
Congress and ultimately, the public.
14) Veto and Item-Veto Power
- The President shall have the power to veto
any particular item or items in an
appropriation, revenue, or tariff bill, but the
veto shall not affect the item or items to
which he does not object.
15) Call-out Power
- The President may summon the armed
forces to and her in suppressing lawless
violence, invasion or rebellion; this involves
ordinary police action. But every act that
goes beyond the President’s calling-out
power is considered illegal or ultra vires.
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concerning:
a) Protection and enforcement of
constitutional rights, pleading,
practice and procedure in all courts;
b) Admission to the practice of law;
c) Integrated Bar; and
d) Legal assistance to the
underprivileged.
Limitations on Rule Making Power:
1) Simplified and inexpensive procedure
for the speedy disposition of cases
2) Uniform for all courts of the same grade
3) Not diminish, increase, or modify
substantive rights.
 Appoint all officials and employees of
the Judiciary in accordance with the
Civil Service Law.
 Administrative Supervision: The SC
shall have administrative supervision
over all courts and the personnel
thereof.
Annual Report: The SC shall submit within 30
days from the opening of each regular session
of Congress, to the President and to Congress
an annual report on the operations and
activities of the Judiciary
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