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A COMPARATIVE MATRIX AMONG THE THREE BRANCHES OF THE GOVERNEMNT

LEGISLATIVE DEPARTMENT EXECUTIVE DEPARTMENT JUDICIAL DEPARTMENT
POWERS
Judicial power includes the duty of the courts of
Legislative Power - The Congress has the power to make, Executive Power - The President shall have the control over all the justice to settle actual controversies involving
alter or repeal laws. executive departments, bureaus and offices, and ensure that the laws are rights which are legally demandable and
faithfully executed. enforceable and to determine whether or not
Such power is also reserved to the people by initiative and there has been a grave abuse of discretion
referendum. ● Power to implement laws amounting to lack or excess of jurisdiction on the
● Administrative power and control over the part of any branch or instrumentality of the
● Power to enact laws ● agencies of the govt government
● Police power ● Power to appoint govt officials
● Power of eminent domain ● Pardoning power Vested in Supreme Court and in such lower
● Power of taxation ● Power to declare martial law courts as may be established by law (1 Chief
● Power to choose who shall become ● Power to suspend the privilege of writ of habeas Justice and 14 Associate Justices) Hence, by the
● President in case of tie (Sec 4 (4)) ● corpus principle of separation of powers, courts may
● Power to impose death penalty ● Power to veto a law neither attempt to assume nor be compelled to
● Power to act as a constituent assembly ● Power of supervision
perform non-judicial functions.
● Power to declare existence of war ● Power of control over the local govt
● Power to confirm the appointments of govt ● Power to conduct treaty and international
● officials agreement with other states
● 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

MANNER OF ELECTION

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

TERM AND LIMITS


SENATE
- 6 years per term
-Maximum of 2 consecutive terms
HOUSE OF REPRESENTATIVES:
- 3 years per term
- Maximum of 3 consecutive terms
SENATE
NO. OF MEMBERS
- 24 Senators
QUALIFICATIONS
1. Natural-born Filipino
2. At least 35 years old on
election day
3. Able to read and write
4. Registered voter
5. - Resident of the
Philippines for at least 2
years on election day
HOUSE OF
REPRESENTATIVES
NO. OF MEMBERS
- Not more than 250,unless
otherwise provided by law
QUALIFICATIONS
District Representative
1. Natural born Filipino
2. At least 25 years old
3. Able to read and write
4. Registered voter
5. Resident of the
Philippines for at least
1 year on election day
Party-list Representatives
1. Natural-born Filipino
2. Registered voter
3. Able to read and write
4. A bona-fide member of
the party or
organization which he
seeks to represent for
at least 90 days before
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PRESIDENT ● No Term Limit
- 6 years per term ● The Members of the Supreme Court and
- Not eligible for any reelection judges of the lower court shall hold office
during good behavior until they reach the age
VICE-PRESIDENT of 70 or become incapacitated to discharge
- 6 years per term the duties of their office.
- Cannot serve for more than 2 successive terms ● The Supreme Court en banc shall have the
power to discipline judges of lower courts or
Commencement of term shall be on the 30th of June next following the day order their dismissal by a vote of majority of
of election and ends at noon of the same date six years later. the Members who actually took part in the
deliberations on the issues in the case and
No person who has succeeded as President and has served as such more voted in thereon.
than 4 years shall be qualified for election to the same office at any time.
Voluntary renunciation of either office for any length of time shall not be
considered as interruption.
COMPOSITION AND QUALIFICATIONS
a. PRESIDENT Supreme Court
b. VICE PRESIDENT • 1 Chief Justice
c. CABINET MEMBERS • 14 Associate Justices
QUALIFICATIONS OF PRESIDENT AND
VICE-PRESIDENT Statutory Courts
1. Natural Born Filipino • Court of Appeals
2. A Registered voter • Regional Trial Court
3. Able to read and write • Metropolitan Trial Court
4. At least 40 years of age on the day of election • Municipal Trial Court in Cities
5. Resident of the Philippines for at least 10 years immediately • Special Courts
preceding election Qualifications of a member of the Supreme
Court
1. Natural-born citizen of the Philippines
2. At least 40 years of age
3. Must have been 15 years or more a
judge of a lower court or engaged in the
practice of law in the Philippines
4. A person of proven competence,
integrity, probity, and independence
(PIPI)
Qualifications of a member of a Lower Court:
1. Natural-born citizen of the Philippines
2. Member of the Philippine Bar
3. Possessing the other qualifications
prescribed by Congress

the election
5. At least 25 years old
(Not more than 30
years old if a nominee
of the youth sector)
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.
VACANCIES
WHEN VACANCY EXISTS AT THE BEGINNING OF THE TERM
- If President fails to qualify, Vice President-elect shall act as President until the
President-elect shall have qualified.
- If no President has yet been chosen, Vice President-elect shall act as President until
a President shall have been chosen and qualified.
- If President dies or becomes permanently disabled, Vice President-elect shall
become President.
- If both President and Vice President have not yet been chosen or qualified.
- If both shall have died or become permanently disabled, the Senate President, or in
case of his inability, the Speaker of HOR shall act as 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.
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4. Must be a person of proven
competence, integrity, probity, and
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.
Any vacancy shall be filled within ninety (90) days from
the occurrence thereof. The Member of the Supreme
Court and judges of lower courts shall be appointed by
the President from a list of at least three nominees
prepared by the Judicial and Bar Council for every
vacancy, such appointments need no confirmation.
Appointment of Members of the Supreme Court and
Judges of Lower Court Non-political process of
selection appointment – the appointing power is vested
alone in the President.
List of at least three years nominees- the President
shall appoint from a list of at least 3 nominees prepared
by the Judicial and Bar Council for every vacancy.
Judicial and Bar Council – instead of leaving its
creation to legislation, the Constitution itself creates the
council providing at the same time its composition,
appointment of the members, their term of office, their
emoluments, and their functions.
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WHEN VACANCY OCCUR AFTER THE OFFICE HAS BEEN INITIALLY
FILLED

- The Vice President becomes President for the unexpired term in case of:

• 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.

PROHIBITIONS

1. Senator/ Member of House cannot hold any other
office or employment in the government or any
subdivision, agency or instrumentality including GOCCs
or their subsidiaries.
2. Legislators cannot be appointed to any office which
may have been created or the emoluments thereof
increased during the term for which he was elected.
3. Legislators cannot personally appear as counsel
before any court of justice, electoral tribunal, quasi-
judicial and administrative bodies.
4. Legislators cannot intervene in any matter before any
office of the government for his pecuniary benefit or
where he be called upon to act on account of his office.
5. Legislators cannot, directly or indirectly, be
interested financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned
or controlled corporation, or its subsidiary, during his
term of office.
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1. The President, Vice-President, the Members of the Cabinet, and their The members of the Supreme Court and
deputies or assistants shall not, unless otherwise provided in this of other courts established by law shall
Constitution, hold any other office or employment during their tenure. not be designated to any agency
2. The spouse and relatives by consanguinity or affinity within the performing quasi-judicial or
fourth civil degree of the President shall not during his tenure be administrative functions.
appointed as members of the Constitutional Commissions, or the Office
of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government owned or controlled
corporations and their subsidiaries. SAFEGUARDS THAT GUARANTEE JUDICIAL
3. They shall not, during said tenure, directly or indirectly, practice any other INDEPENDENCE:
profession, participate in any business, or be financially interested in 1. The Supreme Court is a constitutional body; it
any contract with, or in any franchise, or special privilege granted by the may not be abolished by the legislature.
Government or any subdivision, agency, or instrumentality thereof, 2. The members of the Supreme Court are
including GOCC or their subsidiaries. removable only by impeachment.
3. The Supreme Court may not be deprived of
its minimum original and appellate
jurisdiction; appellate jurisdiction may not be
increased without its advice and concurrence.
4. The Supreme Court has administrative
supervision over all inferior courts
5. and personnel.
6. The Supreme Court has the exclusive power
to discipline judges/ justices
7. of inferior courts.
8. The members of the Judiciary have security
of tenure.
9. The members of the Judiciary may not be
designated to any agency performing quasi-
judicial or administrative functions.
10. Salaries of judges may not be reduced; the
Judiciary enjoys fiscal autonomy.
11. The Supreme Court, alone, may initiate and
promulgate the Rules of Court.
12. The Supreme Court, alone, may order
temporary detail of judges.
13. The Supreme Court can appoint all officials
and employees of the Judiciary.
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) (Sec 21)
3) Oversight function (Sec 22)
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
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1) Executive Power ● Original Jurisdiction: Exercise over
- The president shall have the control over all the executive cases affecting ambassadors, other
departments, bureaus and offices. He shall ensure that all laws are public ministers and consuls, and
faithfully executed. petitions for certiorari, prohibition,
2) Military Power mandamus, quo warranto, and habeas
- As the Commander-in-chief of the AFP, he may call upon them to corpus.
suppress lawless violence when it becomes necessary.
3) Pardoning Power
● Appellate Jurisdiction: Review, revise,
- The President may grant reprieves, commutation, and pardons after
reverse, modify or affirm on appeal or
conviction by a final judgment
4) Borrowing Power certiorari final judgments and orders of
- The President may contract or guarantee foreign loans on behalf of lower courts in:
the Republic with prior concurrence of the monetary board a) Cases where constitutionality or
5) Diplomatic Power validity of Treaty, Executive
- The President is the spokesperson of the nation for external affairs. Agreement or Law is in question;
He may deal with foreign states and governments b) Cases where legality of tax, impost,
6) Power of Appointment assessment or toll is in question;
- The act or designation by the executive officer, board, or body to c) Cases in which jurisdiction of lower
whom the power has been delegated, of the individual who is to courts is in issue;
exercise the functions of a given office d) Criminal cases in which penalty is
7) Power of Removal reclusion perpetua or higher; or
- May be implied from the power of appointment. e) Error or question of law is involved.
- Exception: The President cannot remove officials appointed by him
where the Constitution prescribes certain methods. (i.e can be
● Assign temporarily judges of lower
removed only by impeachment)
courts to other stations as public
8) Budgetary Power
- The President shall submit a budget or expenditure, within 30 days interest may require. Such temporary
after the opening of every regular session. The budget cannot be assignment shall not exceed 6 months
increased. without the consent of the judge
concerned.
9) Informing Power
- The President shall address the Congress to the opening of its ● Order a change of venue or place of
regular session. He may also appear before it at any other time. trial to avoid a miscarriage of justice.
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 ● Rule Making Power: Promulgate rules
judgment of the former for that of the latter. Power of Control concerning:
includes the Power to Reorganize executive offices. a) Protection and enforcement of
11) Residual Power constitutional rights, pleading,
- Those which are implicit in and correlative to the paramount duty practice and procedure in all courts;
residing in that office to safeguard and protect General Welfare. b) Admission to the practice of law;
12) Power of Supervision c) Integrated Bar; and
- The President's power of general supervision means no more than d) Legal assistance to the
the power of ensuring that laws are faithfully executed, or that
underprivileged.
subordinate officers act within the law.
13) Executive Privilege
- Power of the President to withhold certain types of information from Limitations on Rule Making Power:
the courts, the Congress and ultimately, the public. 1) Simplified and inexpensive procedure for
14) Veto and Item-Veto Power the speedy disposition of cases
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- The President shall have the power to veto any particular item or 2) Uniform for all courts of the same grade
items in an appropriation, revenue, or tariff bill, but the veto shall not 3) Not diminish, increase, or modify
affect the item or items to which he does not object. substantive rights.
15) Call-out Power
- The President may summon the armed forces to and her in ● Appoint all officials and employees of
suppressing lawless violence, invasion or rebellion; this involves the Judiciary in accordance with the Civil
ordinary police action. But every act that goes beyond the
Service Law.
President’s calling-out power is considered illegal or ultra vires.
● 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