1.

Three Branches of the Philippine Government

The Philippines is a republic with a presidential form of government wherein power is equally
divided among its three branches: executive, legislative, and judicial.

The Executive Branch

The executive branch is headed by the President, who is elected by a direct vote of the people.
The term of office of the President, as well as the Vice-President, is six (6) years. As head of the
Executive Department, the President is the Chief Executive. He represents the government as a
whole and sees to it that all laws are enforced by the officials and employees of his department.
He has control over the executive department, bureaus and offices. This means that he has the
authority to assume directly the functions of the executive department, bureau and office or
interfere with the discretion of its officials. Corollary to the power of control, the President also
has the duty of supervising the enforcement of laws for the maintenance of general peace and
public order. Thus, he is granted administrative power over bureaus and offices under his control
to enable him to discharge his duties effectively. The President exercises general supervision
over all local government units and is also the Commander-in-Chief of the Armed Forces of the
Philippines. Under the existing Presidential form of government, the executive and legislative
branches are entirely separate, subject only to the mechanisms of checks and balances. There
were attempts to amend the Constitution in order to shift to a parliamentary system, but these
moves were struck down by the Supreme Court. The most recent petition that reached the
Supreme Court is Lambino vs. COMELEC.

The Legislative Branch

The legislative branch, which has the authority to make, alter or repeal laws (see also the
definition of legislative power), is the Congress. Congress is vested with the tremendous
power of the purse, traditionally recognized in the constitutional provision that no money shall
be paid out of the Treasury except in pursuance of an appropriation made by law. It
comprehends both the power to generate money by taxation (the power to tax) and the power
to spend it (the power to appropriate). The power to appropriate carries with it the power to
specify the amount that may be spent and the purpose for which it may be spent. Under a
bicameral system, the Congress is composed of the Senate and the House of Representatives.
The Senate is composed of twenty-four (24) Senators, who are elected at large by the qualified
voters of the Philippines. The term of office of the Senators is six (6) years. The House of
Representatives, on the other hand, is composed of not more than two hundred and fifty (250)
members, unless otherwise fixed by law, who are elected from legislative districts apportioned
among the provinces, cities and the Metropolitan Manila area, and those who are elected
through a party-list system of registered national, regional and sectoral parties or organizations.
The term of office of members of the House of Representatives, also called Congressmen, is
three (3) years.
The Judiciary Branch

Judicial power is vested in the Supreme Court and in such lower courts as may be established by
law. The judiciary has the moderating powerto determine the proper allocation of powers
between the branches of government. When the judiciary mediates to allocate constitutional
boundaries, it does not assert any superiority over the other departments; it does not in reality
nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation
assigned to it by the Constitution to determine conflicting claims of authority under the
Constitution and to establish for the parties in an actual controversy the rights which that
instrument secures and guarantees to them. In the words of Chief Justice Reynato S. Puno: The
Judiciary may not have the power of the sword, may not have the power of the purse, but it has
the power to interpret the Constitution, and the unerring lessons of history tell us that rightly
wielded, that power can make a difference for good. While Congress has the power to define,
prescribe and apportion the jurisdiction of the various courts, Congress cannot deprive the
Supreme Court of its jurisdiction provided in the Constitution. No law shall also be passed
reorganizing the judiciary when it undermines the security of tenure of its members. The
Supreme Court also has administrative supervision over all courts and the personnel thereof,
having the power to discipline or dismiss judges of lower courts. The Supreme Court is
composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its
discretion, in divisions of three, five or seven members. A member of the Supreme Court must
be a natural-born citizen of the Philippines, at least forty (40) years of age and must have been
for fifteen (15) years or more a judge of a lower court or engaged in the pratice of law in the
Philippines. Justices hold office during good behavior until they reach the age of seventy (70)
years or become incapacitated to discharge the duties of their office.

2. Three Constitutional Commissions

COMMISSION ON ELECTIONS

The Commission on Elections is mandated to give life and meaning to the basic principle that
sovereignty resides in the people and all government authority emanates from them. It is an
independent constitutional body created by a 1940 amendment to the 1935 Constitution. Since
then, its membership was enlarged and its powers expanded by the 1973 and 1987
Constitutions. The Commission exercises not only administrative and quasi-judicial powers, but
judicial power as well.

The Commission on Elections shall exercise the following powers and functions:

Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by trial courts
of general jurisdiction, or involving elective barangay officials decided by trial courts of
limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving

elective municipal and barangay offices shall be final, executory, and not appealable.

Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.

Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for
the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

Register, after sufficient publication, political parties, organizations, or coalitions which,

in addition to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall likewise be
refused registration.

Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional ground for the cancellation
of their registration with the Commission, in addition to other penalties that may be
prescribed by law.

File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.

Recommend to the Congress effective measures to minimize election spending,

including limitation of places where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance
candidacies.

Recommend to the President the removal of any officer or employee it has deputized, or
the imposition of any other disciplinary action, for violation or disregard of, or
disobedience to, its directive, order, or decision.

Submit to the President and the Congress, a comprehensive report on the conduct of
 each election, plebiscite, initiative, referendum, or recall.

COMMISSION ON AUDIT

The Commission on Audit (COA) is the Philippines' Supreme State Audit Institution. The
Philippine Constitution declares its independence as a constitutional office, grants it powers to
audit all accounts pertaining to all government revenues and expenditures/uses of government
resources and to prescribe accounting and auditing rules, gives it exclusive authority to define
the scope and techniques for its audits, and prohibits the legislation of any law which would limit
its audit coverage.

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, or any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled corporations with
original charters, and on a post- audit basis:

constitutional bodies, commissions and offices that have been granted fiscal autonomy under
this Constitution; autonomous state colleges and universities; other government-owned or
controlled corporations and their subsidiaries; and such non-governmental entities receiving
subsidy or equity, directly or indirectly, from or through the Government, which are required by
law or the granting institution to submit to such audit as a condition of subsidy or equity.
However, where the internal control system of the audited agencies is inadequate, the
Commission may adopt such measures, including temporary or special pre-audit, as are
necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the
Government and, for such period as may be provided by law, preserve the vouchers and other
supporting papers pertaining thereto.

The Commission shall have exclusive authority, subject to the limitations in this Article, to define
the scope of its audit and examination, establish the techniques and methods required therefor,
and promulgate accounting and auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable
expenditures or uses of government funds and properties.

CIVIL SERVICE COMMISSION

The Civil Service Commission (CSC) is the central personnel agency of the Philippine government.
One of the three independent constitutional commissions with adjudicative responsibility in the
national government structure, it is also tasked to render final arbitration on disputes and
personnel actions on Civil Service matters.

Under Executive Order No. 292, the Civil Service Commission shall perform the following
functions:

Administer and enforce the constitutional and statutory provisions on the merit system
for all levels and ranks in the Civil Service;

Prescribe, amend and enforce rules and regulations for carrying into effect the
provisions of the Civil Service Laws and other pertinent laws;

Promulgate policies, standards and guidelines for the Civil Service and adopt plans and
programs to promote economical, efficient and effective personnel administration in the
government;

Formulate policies and regulations for the administration, maintenance and

implementation of position classification and compensation and set standards for the
establishment, allocation and reallocation of pay scales, classes and positions;

Render opinion and rulings on all personnel and other Civil Service matters which shall
be binding on all head of departments, offices and agencies and which may be brought
to the Supreme Court on certiorari;

Appoint and discipline its officials and employees in accordance with law and exercise
control and supervision over the activities of the Commission;

Control, supervise and coordinate Civil Service examinations. Any entity or official in
government may be called upon by the Commission to assist in the preparation and
conduct of said examinations including security, use of buildings and facilities as well as
personnel and transportation of examination materials which shall be exempt from
inspection regulations;

Prescribe all forms for Civil Service examinations, appointment, reports and such other
forms as may be required by law, rules and regulations;

Declare positions in the Civil Service as may properly be primarily confidential, highly
technical or policy determining;

Formulate, administer and evaluate programs relative to the development and retention
of qualified and competent work force in the public service;

Hear and decide administrative cases instituted by or brought before it directly or on

appeal, including contested appointments, and review decisions and action of its offices
and of the agencies attached to it. Officials and employees who fail to comply with such
decisions, orders, or rulings shall be liable for contempt of the Commission. Its decisions,
orders or rulings shall be final and executory. Such decisions, orders, or rulings may be
brought to Supreme Court on certiorari by the aggrieved party within thirty (30) days
from receipt of the copy thereof;

Issues subpoena and subpoena duces tecum for the production of documents and
records pertinent to investigations and inquiries conducted by it in accordance with its
 authority conferred by the Constitution and pertinent laws;

Advise the President on all matters involving personnel management in the government
service and submit to the President an annual report on the personnel programs;

Take appropriate actions on al appointments and other personnel matters in the Civil
Service including extension of service beyond retirement age;

Inspect and audit the personnel actions and programs of the departments, agencies,
bureaus, offices, local government including government-owned or controlled
corporations; conduct periodic review of the decisions and actions of offices or officials
to whom authority has been delegated by the Commission as well as the conduct of the
officials and the employees in these offices and apply appropriate sanctions whenever
necessary.

Delegate authority for the performance of any functions to departments, agencies and
offices where such functions may be effectively performed;

Administer the retirement program of government officials and employees, and accredit
government services and evaluate qualification for retirement;

Keep and maintain personnel records of all officials and employees in the Civil Service;
and

Perform all functions properly belonging to a central personnel agency such as other
functions as may be provided by law

3. The Purse, Sword and Scale of the Braches of the Government

The power of Purse is granted to the Legislative branch of the government. The power of the
purse refers to the lawful ability to tax and authorize the spending of the government's money.
This is a powerful tool granted to a branch of government. In particular, the House of
Representatives is designated by the 1987 Constitution as the chamber of Congress where all
appropriations should exclusively originate, with the Senate having the right to propose
amendments. The President only proposes the budget but it is still Congress that supposedly has
the final say on where that budget should go.

The power of the Sword is vested upon the Executive branch of the government. This branch is
concerned in the execution of governmental policies as it possesses the power to enforce and
administer the laws. The head of the executive department is often times referred as the Chief
Executive. There are three types of chief executive, to wit: Authoritarian executive, Presidential
executive, and Parliamentary executive. An authoritarian executive has no power limits. He can
do whatever he wants. A parliamentary head, who's also the Cabinet head is directly
accountable to the legislature and whose term is under the control of the Parliament. A
presidential executive holds the final authority but his power is constrained by Congress and
Judiciary under the principle of checks and balance. The President of the Philippines is an
example of a presidential executive. It is military coercion. The essence of government is
coercion, to make people perform their duties or suffer some other consequence.

The Judiciary branch of the government is symbolized by the scale which implies justice. The
Judiciary has been invariably perceived as the weakest among the three branches of government
considering that it does not have the power of the purse, nor does it have the power of the
sword. The constitution only vested it with a pen to interpret the laws including the constitution
itself. On the contrary, with the words that flow from its judicial pen, the Judiciary may likewise
be described as the strongest branch since it has the power to pronounce, with certainty, that a
law is invalid. And the people, including the other branches of government, have no choice but
to obey its decree. In other words, as US Chief Justice MARSHALL said, it is for the court to say
what the law is. Stated differently, the judiciary is the last bulwark of power. Judicial power is
the authority to settle justiciable controversies or disputes involving rights that are enforceable
and demandable before the courts of justice or the redress of wrongs for violations of such
rights. Vested in the Supreme Court and such lower courts as may be established by law. Since
the courts are given judicial power and nothing more, courts may neither attempt to assume or
be compelled to perform non-judicial functions. They may not be charged with administrative
functions except when reasonably incidental to the fulfillment of their duties.