The Philippine Legislative
I. Importance of the subject Legislative Branch
II. Branches of the Government
Executive Department
- Article VII, Section 1, of the 1987
Constitution vests executive power on the
President of the Philippines. The President
is the Head of State and Head of
Government, and functions as the
commander-in-chief of the Armed Forces
of the Philippines. As chief executive, the
President exercises control over all the
executive departments, bureaus, and
offices.
To whom the power is vested?
- The President acts as the head of State and
Government. As the Chief Executive, the
President is vested with the powers to
control executive departments, bureaus,
and offices.
III. Enumeration of the Executive
Powers
- Power of control over the executive
- Power ordinance power
1. Executive orders
2. Administrative orders
3. Proclamations
4. Memorandum orders
5. Memorandum circulars
6. General or Special orders
- Power over aliens
- Powers of eminent domain, escheat, land
reservation and recovery of ill-gotten
wealth
- Power of appointment
- Power of general supervision over local
governments
- Other powers (powers vested by the
constitution or law).
1
I. Definition and mandate
- The legislative power shall be vested in
the Congress of the Philippines which
shall consist of a Senate and a House of
Representatives, except to the extent
reserved to the people by the provision on
initiative and referendum. The Senate
shall be composed of twenty-four
Senators who shall be elected at large by
the qualified voters of the Philippines, as
may be provided by law. The House of
Representatives shall be composed of not
more than two hundred and fifty
members, unless otherwise fixed by law.
The party-list representatives shall
constitute twenty per centum of the total
number of representatives including those
under the party list.
I. To whom the power is vested?
- Congress (consists of 24 senators and 250
representatives, unless otherwise fixed by
law).
- People by Initiative and referendum - sec.
32 - 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 therefore 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.
- A constitutional convention - Article 17,
section 2 - Amendments to this
Constitution may likewise be directly
proposed by the people through initiative
upon a petition of at least twelve per
centum of the total number of registered
voters, of which every legislative district
must be represented by at least three per
- constitutional rights, pleading, practice,
 and procedure in all courts, the admission
to the practice of law, the integrated bar,
and legal assistance to the
underprivileged. Such rules shall provide
a simplified and inexpensive procedure
for the speedy disposition of cases, shall
be uniform for all courts of the same
grade, and shall not diminish, increase, or
modify substantive rights. Rules of
procedure of special courts and quasi-
judicial bodies shall remain effective
unless disapproved by the Supreme Court.

- Appoint all officials and employees of the

Judiciary in accordance with the Civil
Service Law.

Doctrines and Principles related to the

Three Branches of the Government

Checks and Balances

- Under the system of checks and balances,
one department is given certain powers by
which it may definitely restrain the others
from exceeding constitutional authority. It
may object or resist any encroachment
upon its authority, or it may question, if
necessary any act or acts which
unlawfully interferes with its sphere of
jurisdiction and authority, (Suarez, 2005).
- example: The Congress may limit the
jurisdiction of the Supreme Court and that
of inferior courts.

Doctrine of Separation of Powers

It operates to maintain the legislative powers to
the legislative department, executive powers to the
executive department, and those which are judicial
in character to the Judiciary. Through this
allocation of powers, the person entrusted shall
not be permitted to encroach upon the power
confided to the others, but that each shall, by the
law of its creation, be limited to the exercise of the
powers appropriate to its own department and no
other. There must be independence and equity of
the several departments. In essence, the separation
of powers

means that the making of the laws belongs to

2
Congress, the execution of the laws is to the
executive and the settlement of controversies rests
in the Judiciary. Each is prevented from invading
the domain of the others. The purpose of the
separation of powers is to prevent concentration of
authority in one department and thereby avoid
tyranny.

Blending of Powers
- Blending of powers is actually sharing of
powers of the different departments of
government whereby one department
helps and coordinates with the other in the
exercise of a particular power, function or
responsibility.
- example: The President and Congress help
one another in the making of laws.
Congress enacts the bill and the President
approves it.