BRANCHES OF THE GOVERNMENT

EXECUTIVE BRANCH

Overview

 Under the doctrine of separation of powers, the executive is a coordinate, co-equal and co-important
branch of the government with the legislative and judiciary.

 The term executive refers to a single leader or group of officials in the executive department who are
authorized by the Constitution to enforce laws of the State – to see to it that these laws are efficiently
and effectively carried out and faithfully observed for the common good (Ayson &Reyes, 2000)

 Section 1, Article VII of the Philippine Constitution declares that the executive power shall be vested
in the President of the Philippines. Unlike the legislative and judicial powers of the government which
are vested in the Congress and Supreme Court respectively, both of which are collegial bodies, the
whole executive power is vested to only one person, the President of the Philippines. It is thus clear that
the President is the most powerful officer of the Government.

 The executive power is the power to enforce and administer laws exercised by the President of the
Philippines. He is the enforcer of the laws made by the Congress (Castaneda et. al., 2010)

Executive Branch

The President of the Philippines plays very important roles in the political system as the:

 Chief of State
 Chief Executive
 Chief Diplomat
 Commander-in-Chief of the Armed Forces

 As the most prominent political figure in the government, the Constitution expressly provides for the
qualification, election, term of office, the oath of office he is required to enter into before the discharge
of office as well as the privileges he has to enjoy and a number of prohibitions he has to observe.

Executive Power Defined

 The Executive power granted to the President is the power to enforce and execute the laws faithfully.
The laws required to be administered by the President includes the Constitution and all statues lawfully
enacted by the Congress (Ligan, Laya, Rabaca &Ruiz, 2014)
  The President in the Exercise of his powers and functions delegated by the law of the land is not either a
subject to the control of neither the legislative branch nor the Judiciary (Nebres, 2007)

Qualifications for Presidency

The 1987 Constitution provides the following qualifications (Section 2, Article VII)

 Natural-born citizen of the Philippines

 A Registered voter

 Able to Read and Write

 At least forty (40) years old at the day of the election

 Resident of the Philippines for at least 10 years immediately preceding the election.

Term and Office of the President

 The President, is elected by the direct vote of people. The term of office is six (6) which shall begin at
the noon on the 30th day of June following the election day and shall end at the same time and day, six
years thereafter. He is not eligible for any reelection.

 No person who has succeeded as President and has served at such for more than four (4) years shall be
qualified for election to the same office at any time. Therefore, a President who has occupied less than
four years of service is illegible for re-election.

Rules on Succession to the Office of the President (Sections 7, 8, 9, Article VII)

 The Constitution provides for rules on who shall succeed as President, as in the case of failure of the
President-elect to qualify or the President shall not have been chosen, or in case of death, permanent
disability, resignation and removal from the office through impeachment.

1. Vacancy in the Office of the President at the beginning of his term:

 a. If the President-elect fails to qualify, the Vice President-elect shall act as the President until the
President until the President elect shall have qualified.

 b. If a President shall not have been chosen, the Vice President-elect shall act as President until a
President shall have been chosen and qualified.

 c. If in the beginning of the term of the President, the President-elect shall have died or have become
permanently disabled, the Vice-President elect shall become President.

2. Vacancy in the Office of the President during his term:

 a. When the Office of the President becomes vacant as a result of death, permanent disability, removal
from office (only through impeachment), or resignation, the Vice President will become President to
serve for the unexpired term.

 b. In case of death, permanent disability, removal from office or resignation of the President as well as
the Vice President, the Senate President or, in case of inability, the Speaker of the House shall act as
the President until a President or a Vice President shall have been elected or qualified.

In the event that the Vice President dies during his term of office, the President shall nominate a
Vice President from among the members of the Senate and the members of the Lower House who shall
assume office upon confirmation by a majority vote of all the members of both Houses of Congress.
Voting shall be done separately.

State of Health of the President (Section 12, Article VII)

In case of serious illness of the President, the public shall be informed of the state of health of the President.
The following members of the cabinet shall not be denied access to the President during such illness:

1. Cabinet member in charge of Security

2. Cabinet member in charge of foreign affairs

3. Chief of Staff of the Armed Forces of the Philippines

Privileges

 Official Residence.
The President is the only official of the Government provided with a residence maintained by public
funds. The Malacaňang Palace is often referred to as the seat of the Philippine Presidency

 Salary.
The salary of the President is determined by law, and shall not be decreased during his tenure.

 Immunity.

He is accorded with immunity from both civil and criminal. This is to assure the exercise of duties free
from any hindrance or distractions, considering that being Chief Executive of the Government is a job that
demands undivided attention (Castaneda. Et. Al, 2010)

Prohibitions

Under the Constitution the President is prohibited from:

 Receiving any emolument from the Government or any other source

 Holding any other office of employment unless otherwise provided by the Constitution.

 Direct or indirect practicing profession, participating in any business, or being financially interested in
any contact with, or in any franchise, or special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled corporations or their
subsidiaries

 Initiating avoiding conflict of interests in the conduct of his office.

 Appointing spouse or relatives by consanguinity or affinity within the fourth civil degree as members of
Constitutional Commissions, of the Office of Ombudsman, or as Secretaries, Undersecretaries, chairmen
or heads of bureaus or offices, including government-owned or controlled corporations and their
subsidiaries

Powers of the President (Lim, 2010; Nebres, 2007)

1. Power to execute laws.

He has the power to execute, implement and carry into effect laws and policies. Included is the authority to
carry into effect specific explicit provisions as well as general intent and mandate of laws.

2. Power to appoint and to remove.

He has the power to appoint executive branch positions such as senior officials of executive departments and
bureaus, senior military officers, state diplomats, and head and official government-owned and controlled
corporations, including Supreme Court justices and judges of lower courts and chairs and commissioners of
Constitutional Commissions.

 The President’s power to remove inexplicit from the power to appoint. This power of the President to
remove may be limited by the Constitution and statutes.
3. Control and Supervision
He has the authority to at directly whenever a specific action is entrusted by law; direct the performance of duty
and restrain the commission of acts; review, approve, reverse or modify acts and decisions of subordinate
officials or units, determine priorities, and can recognize the executive branch

4. Supervision of Local Government Units

He has the authority to ensure that the LGUs are operating in accord with law. He can hear and decide
administrative complaints filed against government officials and enforce penalties.

Supervision means the power to oversee the performance of duties of local officials and bring order to their
activities in the act of accomplishing the instruction or policies

5. Military
He has the power to command and control the armed forces, both military and the police in both peace and war.
He can suspend the writ of habeas corpus and declare martial law. He is the Commander-in-Chief of all armed
forces.
Martial Law is a state existing when the military authorities administrated government or exercise control over
civilians in domestic territory.

6. Legislative
He can make policies through an Executive Order, Administrative Order and other special orders and
proclamations in performing official function. He can also prevent the passage of a law and reject bills passed
by legislature. He can also address the legislature and present his legislative agenda.

7. Executive Clemency
He can grant pardons and suspend sentences however subject to legislative proposal.

Pardon is an exercise of the sovereign prerogative of mercy, relieving the person from the punishment that the
law imposes for the crime has committed

8. Contract Loan
He may contract or guarantee foreign loans in behalf of the Republic of the Philippines only with the preceding
agreement of the Monetary Board, and make liable to such restrictions as possibly provided by law

9. Diplomatic
He receives foreign diplomatic agents, appoint and send diplomatic agents, negotiate and sign treaties and
international agreements.

10. Deport Alien

He can carry on the power to grant entry or throw out aliens because this power is implicit in sovereignty and
strictly a discretional act.

11. Residual Power

This is the inexplicit power lodge to the President to do anything, which is not prohibited by the Constitution
and configured for the public welfare, based on his duty as decision-maker of the people and guardian of piece.

Offices/ Departments under the Executive Department (Dela Cerna, 2001)

1. Central Bank of the Philippines

2. Department of Agrarian Reform

3. Department of Budget and Management

4. Department Of Energy
5. Department of Public Works and Highways

6. Department of Agriculture

7. Department of Education

8. Department of Environment and Natural Resources

9. Department of Finance

10. Department of Foreign Affairs

11. Department of Heath

12. Department of Interior and Local Government

13. Department of Justice

14. Department of Labor and Employment

15. Department of National Defense

16. Department of Social and Technology

17. Department of Social Welfare and Development

18. Department of Tourism

19. Department of Trade and Industry

20. Department of Transportation and Communications

21. Office of the President

22. Office of the Press Secretary

 LEGISLATIVE BRANCH

Overview

 The Legislative branch broadly deals with the making, deliberation over, enactment. amendment and
repealing of laws.

 The Congress of the Philippines under the Constitution is bicameral in form. It is consist of 2 houses:
The Senate and House of the Representatives. One of the advantages of bicameral legislature is the 2
Houses would produce a healthy check upon each other.

 The House of Representatives is expected to reflect the popular will of the average citizen, whereas the
Senate is expected to provide stability, continuity, and in-depth deliberation in law-making (Ligan,
Laya, Rabaca & Ruiz, 2014)

Legislative Power Defined

 Legislative power is the authority under the Constitution, to make laws, and alter and repeal them.
Therefore, law-making authority of the Government is vested in the Congress. The Congress of the
Philippines is composed of the Senate, which is called the upper house, and the House of
Representatives, which is called the lower house.

The Senate

Qualifications

 Natural-born citizen of the Philippines

 A registered voter

 Able to read and write

 At least 35 years old on the day of election

 Resident of the Philippines for not less than 2 years immediately coming before the day of the election.

Composition

 The Senate is composed of 24 members addressed as Senators.

Senate committees

 Senate committees monitor on-going governmental operations, identify issues suitable for legislative
review, gather and evaluate information, and recommend courses of action to the Senate.

Permanent Senate Committees

1. Accountability of Public Officers & Investigation (Blue Ribbon)

2. Accounts
3. Agrarian Reform
4. Agriculture and Food
5. Banks, Financial Institutions & Currencies
6. Civil Service and Government Organization
7. Climate Change
8. Constitutional Amendments, Revision of Codes and Laws
9. Cooperatives
10. Cultural Communities
11. Economic Affairs
12. Education, Arts and Culture
13. Electoral Reforms and People's Participation
14. Energy
15. Environment and Natural Resources
16. Ethics and Privileges
17. Finance
18. Foreign Relations
19. Games, Amusement and Sports
20. Government Corporations and Public Enterprises
21. Health and Demography
22. Justice and Human Rights
23. Labor, Employment and Human Resources Development
24. Local Government
25. National Defense and Security
26. Peace, Unification and Reconciliation
27. Public Information and Mass Media
28. Public Order and Dangerous Drugs
29. Public Services
30. Public Works
31. Rules
32. Science and Technology
33. Social Justice, Welfare and Rural Development
34. Tourism
35. Trade, Commerce and Entrepreneurship
36. Urban Planning, Housing and Resettlement
37. Ways and Means
38. Women, Family Relations and Gender Equality
39. Youth

The House of Represenatives

Qualifications

 Natural-born Citizen of the Philippines

 A registered voter

 Able to read and write

 At least 25 years old on the day of election

 Resident of the district in which he shall be elected for not less than one year immediately coming
before the day of election

Composition

 District Representatives
They constitute 80% of the Lower House. They represent their corresponding district from different
provinces and cities. They are the voice of constituents.

 Party-list Representatives
They represent groups duly recognized by the government constituting 20% of the population in the
lower house. Example of these sectors are the farmers, women, professional and others.

 Party-list is a mechanism, of proportional representation on the election of the representatives to the

House of Representatives in the election of sectoral parties or organizations or coalitions thereof
registered with the Commission of Election. This is one of the innovations introduced by the 1987
Constitution.

House Committees

1. Accounts
2. Agrarian Reform
3. Agriculture & Food
4. Appropriations
5. Aquaculture & Fisheries Resources
6. Banks and Financial Intermediaries
7. Basic Education and Culture
8. Civil Service 7 Professional Regulation
9. Constitutional Amendments
10. Cooperatives Development
11. Dangerous Drugs
12. Ecology
13. Economic Affairs
14. Energy
15. Ethics and Privileges
16. Foreign Affairs
17. Games & Amusements
18. Good Government & Public Accountability
19. Government Enterprises & Privatization
20. Government Reorganization
21. Heath
22. Higher and Technical Education
23. Housing and Urban Development
24. Human Rights
25. Information and Communications Technology
26. Inter parliamentary Relations and Diplomacy
27. Justice
28. Labor & Employment
29. Legislative Franchises
30. Local Government
31. Metro Manila Development
32. Mindanao Affairs
33. Muslim Affairs
34. Natural Cultural Communities
35. Natural Defence and Security
36. Natural Resources
37. Overseas Worker Affairs
38. People’s Participation
39. Population & Family Relations
40. Poverty Alleviation
41. Public Information
42. Public Order & Safety
43. Public Works and Highways
44. Revision of Laws
45. Rules
46. Rural Development
47. Science & Technology
48. Small Business & Entrepreneurship Development
49. Social Services
50 Suffrage & Electoral Reforms
51. Tourism
52. Trade & Industry
53. Transportation
54. Veterans Affairs & Welfare
55. Ways & Means
56. Welfare of Children
57. Women & Gender Equality
58. Youth & Sports Development

Privileges

1. Salaries (Section 10, Article VI)

The Constitution fixed initially the annual salary of the senators and congressmen to two hundred four
thousand each. These are subject to change by law.
2. Privileges (Section 9 & 10, Article VI)
The Members of Congress are accorded under the Constitution with two parliamentary immunities:
a. Privilege from arrest applies while Congress is in session in all offenses punishable by not more than 6 years
imprisonment. The purpose of granting the immunity from arrest is to ensure that they are not prevented from
performing their legislative duties.

b. Privilege of Speech and Debate applies to any speech or debate in Congress or in any committee. The
members of Congress cannot be sued or prosecuted for anything they say or write in connection with their
legislative duties. It is indispensably necessary that he should enjoy the fullest liberty of speech and that he
should be protected.

Prohibitions (Section 13 &14, Article VI)

Under the Constitution, the Members of the House of Congress are prohibited from :

1. No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat. This is the so-called incompatible
office.

2. Not allowed from being appointed to any office, which may have been created or the emoluments thereof
increased during the term for which he was elected. This is so-called forbidden office.

3. No Senator or Member of the House of Representatives may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.

4. Neither shall he, 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.

Powers of the Congress

1. Power of Legislative Investigation

The two Houses of the Congress and their respective committees are authorized by the Constitution to conduct
investigations or inquiry in aid of legislation or to aid Congress in its legislative works.

2. Power of Appropriation

The power of appropriation sometimes referred to as the power of the purse, is exercised by Congress through
the enactment of an appropriation law.

* An appropriation law is a statute in which the specific and primary function is to authorize the release
of public funds from the treasury.

3. Power of Taxation
The power of taxation is the power to impose taxes. The Constitution vests in the legislature the exercise of the
power of taxation.
It must be noted that even without expresses constitutional grant, the power of tax together with the police
power and the power of eminent domain are inherent and are indispensable power of the government.

4. Non-legislative powers

The Congress is also vested under the Constitution such other powers, non-legislative in nature such as the
power to declare the existence of war (Section 23 (1), the power to concur in presidential amnesties (Section 21)
and the power to impeach the President etc.)
The Law Making Process

A. Origin of Bills
The first step in the lawmaking process is the creation and introduction of a bill. But, what is bill, what are
its parts and what are the procedures in approving a bill?

Bill

 A Bill is a draft of a proposed stature or law submitted to the legislature for enactment. A bill is
introduced by a member of the House of Representatives or Senate. Only the members of the two (2)
houses can formally submit a bill for consideration in their respective chambers.

B. Parts of a Bill

 The bill passed by Members of Congress contains:

1. Title
2. Preamble
3. Enacting Clause
4. Body of Statute
5. Effective Clause

C. Procedure in the Approval of a Bill

The Constitution provides that before a bill passed by either House becomes a law, it shall first pass 3
readings on separate days with the exception of those which the President will certify as necessary to meet
public calamity.

First Reading

 only the number and the title of the bill is read and the Speaker refers it to the proper committee for
consideration.

 The committee may decide to kill the bill by taking no action on it or it may consider the bill and
conduct a thorough study by conducting public hearings on the proposed measure.

 The committee will submit a report recommending for the approval or disapproval of the bill

Second Reading

 The entire bill is read before the chamber and it is at this stage that the bill will be debated and
amended.

 After the bill has been approved, it is printed in its final form and copies distributed to members at
least 3 days before the third and last reading.

Third Reading

 Only the Title of the bill is read

 No amendment is allowed at this stage

 If the bill is approved, it shall be transmitted to the President for his approval
The bill becomes a law when:

1. The President approves and signs it after Congress has presented the bill to him;

2. The President does not act upon the bill within 30 days after it has been presented to him, it shall become a
law if he has signed it; and

3. The Bill vetoed by the President is sent back to the House where it originated which shall enter the objections
at large in the Journal. The Bill becomes a law when Congress by a vote of 2/3 of its members agree to
override the veto.

President Veto - a veto is the power of the President to reject a bill passed by the Congress. As a rule,
the President must veto any particular item/s in an appropriation, revenue, or tariff bill, but the veto shall not
affect the item/s to which he does not object.
 JUDICIAL BRANCH
Overview

 The administration of justice is substantially the product of and lodged of judiciary. The courts carry out
functions accompanying or associated with the determination of facts and application of the law to the
facts thereby established. (Nebres, 2007)

 The Judiciary under the Republican system adopted by the Constitution is the third branch of the
Government. However, the Constitution does not provide the full and entire structure of the Philippine
Judicial system.

 It only established the Supreme Court of the Philippines and left to the Congress the authority to
establish other inferior courts.

 The Supreme court is the only court created by the Constitution and all other courts such as Court of
Appeals, Court of Tax Appeals, etc. operating under the Judicial system are called statutory courts
established through statutory enactments made by the Congress (Ligan, Laya, Rabaca & Ruiz, 2014)

Judicial Power Defined

 Judicial power is vested in the Supreme Court and other lower courts. It involves the duty to settle actual
controversies involving rights, which are legally demandable and enforceable (Castaneda, et al, 2010)

 For (Martin 1960), it is the power to apply the laws to contests or disputes concerning legally recognized
rights or duties between the State and a private person, or between individual litigants, in cases properly
brought before the judicial tribunals this includes the power to ascertain what are the valid and binding
laws of the state so as to and interpret and construe them.

Composition of the Supreme Court

 It is composed of 15 members, 1 Chief Justice and 14 Associate Justices (Section 4 (1), Article VII).
They are appointed by the President upon the recommendation by the Judicial and bar Council which
will submit 3 nominees to the President. The appointment of the Members of the Supreme Court is not
subject for confirmation by the Commission on Appointments.

Qualifications for members of the Judiciary

 The qualification are both Constitutional and Statutory. The Constitution provides for the qualifications
however, the Congress may add additional standards of qualification through legislative strategy
(Castaneda, et al, 2010)

A. Members of the Supreme Court

 Natural-born Citizen

 At least 40 years old

 A judge of lower court or engages in the practice of law in the Philippines for at least 15 years

B. Members of the Lower Collegiate Court. These compose the Court of Appeals, Court of Tax Appeals, Court
of Tax Appeals and the Sandiganbayan.

 Natural-born citizen

 Member of the Philippine Bar

 Congress may prescribe other qualifications

C. Members of the Lower Courts. This includes Regional Trial Courts (RTCs), Municipal Trial Courts (MTCs),
Metropolitan Trail Courts (MeTc), Municipal Trial Courts (MCTCs)
  Citizen of the Philippines (either Naturalized or Natural-born)

 Member of the Philippine Bar

 The Congress may prescribe other qualifications

Shari’a District Courts

 The Shari’a District Courts are courts of limited jurisdiction. Cases within the sole jurisdiction of the
Shari’a court chiefly refer to the family duties and responsibilities as well as contractual relation of
Filipino Muslim in the Southern provinces.

 The members of the Supreme Court, Lower Collegiate Courts and Lower Courts must be persons of
proven competence, integrity, probity and independence.

The Judicial and Bar Council (JBC)

 The JBC is a significant innovation introduced by the 1987 Philippine Constitution, the primary purpose
of which is to recommend appointers to Judiciary.

Composition of the JBC

1. Chief Justice (Ex-officio chair)

2. Secretary of Justice
3. Representatives of Congress
4. Representative of the Integrated Bar of the Philippines
5. Professor of Law
6. Private Sector Representative
7. Clerk of the Supreme Court (Secretary)

Periods of Decision

 All cases or matters filed must be decided or resolved within twenty-four (24) months from the date of
submission for Supreme Court, and unless reduced by the Supreme court, twelve (12) months for all
lower collegiate courts, and three months (3) for all lower courts

Quasi-judicial Agencies

These are not strictly speaking part of the Judicial part of the government. They are however authorized
by the law to hear and decide certain kind of cases. Each agency is having different nature. (Lim, 2010)

 Commission on Elections (COMELEC)

 Civil Service Commission (CSC)
 Commission on Audit (COA)
 National Labor Relations Commission (NLRC)
 Securities and Exchange Commission (SEC)
 Land Registration Authority (LRA)
 Social Security Commission
 Office of the President
 Civil Aeronautics Board (CAB)
 Central Board of Assessments Appeal
 Bureau of Patents, Trademark and Technology Transfer
Powers and Jurisdiction of the Supreme Court

A. Original Jurisdiction

 This refers to the Supreme Court’s authority to be the first to hear a case.

This includes cases:

a. Affecting Ambassadors, public ministers and consults

b. Petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus.

B. Appellate Jurisdiction

This refers to the Supreme Court’s authority to review, revise, modify or affirm final judgments rendered by the
lower courts.
This includes cases affecting:

a. The constitutionality or validity of any treaty, international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance of regulation.

b. The legality of any taxed imposed, assessment, toll or any penalty imposed in relation thereto.

c. The jurisdiction of any lower courts.

d. Criminal cases in which the penalty imposed is reclusion perpetua or higher

e. Error or question of law involved

C. Temporary Assignment of Judges of the Lower Courts

 As public interest may require, the Supreme Court possesses the power to assign temporarily judges of
the lower courts to other stations. Such temporary assignment shall not exceed six (6) months without
consent of the judge concerned.

D. Order to Change the Venue of Trial

 The Supreme court has the power to order a change of venue or place of trial to avoid miscarriage of
justice.

E. Rule-making power

 The supreme court has the authority to promulgate rules concerning the protection and enforcement of
constitutional rights, pleadings, practice and procedure in all courts.

F. Appoint Officials and Employees

 This power of appointments of officials and employees of the Supreme Court should be in according
with the Civil Service Law.

G. Administrative supervision over courts and personnel