PEREZ, Danica Patricia B.

January 3,
2011

4Psychology-2

3 Branches of Government

The Philippines is a democratic and republican state. As a republican state,

sovereignty resides in the People and all government authority emanates
from them (Constitution, Art. III, Sec. 1). “A Republican form of government
rests on the conviction that sovereignty should reside in the people and that
all government authority must emanate from them. It abhors the
concentration of power on one or a few, cognizant that power, when
absolute, can lead to abuse, but it also shuns a direct and unbridled rule by
the people, a veritable kindling to the passionate fires of anarchy. Our people
have accepted this notion and decided to delegate the basic state authority
to principally three branches of government — the Executive, the Legislative,
and the Judiciary – each branch being supreme in its own sphere but with
constitutional limits and a firm tripod of checks and balances .”

EXECUTIVE LEGISLATIVE JUDICIARY

A. Componen (1)President CONGRESS (15)Supreme Court

ts (1)Vice-President (24)Senate (69)Court of
(*)Cabinet (250)House of Appeals
members Representatives (15)Sandiganbayan
(9) Court of Tax
Appeals

B. Qualificati President & Vice Senator: Supreme Court:

on President:
• Natural born citizen • Natural born
• Natural born of the Philippines citizen of the
citizen of • At least 35 years old Philippines
the on the day of • At least 40
Philippines election years of age
• A registered • Able to read and • Must have
voter write been a judge
• Able to read • A registered voter of s lower
and write • Resident of the court
• At least 40 Philippines for not engaged in
years of age less than two years the practice
on the day immediately of law in the
of election preceding the day of Philippines
• Resident of election for fifteen
the years or
Philippines House of Representatives: more.
for at least
10 years • Natural born citizen
immediately of the Philippines
preceding • At least 25 years of
such age on the day of
election elections
• Able to read and
write
• A registered voter in
the district in which
shall be elected
(except the party-
list representatives)
 • A resident thereof
for a period of not
less than one year
immediately
preceding the day of
election.

C. Annual
Salary President: Senators and HR Supreme court
Php693,000 Php 485,100-576,624 justices
Php634,000
Vice President:
Php 554,400-
659,004

D. Monthly
Salary President: Senators and HR Supreme court
Php 57,750 Php 40,425-48,052 justices
Php 52,800
Vice President:
Php 46,200-54,917

E. Term of
Office • The • The members of the • The
president House of members of
and the vice Representatives Supreme
president shall be elected for Court have
shall be a term of three no fixed term
elected by years and no of office.
direct vote member of the They hold
of the House of office during
people for a Representatives good
term of 6 shall serve for more behavior
years. than three until they
consecutive years. reach 70
years old or
become
incapacitated
to perform
their duties.
They can
only be
removed
from their
office
through
impeachmen
t.

F. Powers • Appointing • General (1) Exercise

Power Legislative original jurisdiction
Powers over cases
Under the affecting
Constitution, the Laws intended to serve
ambassadors, other
President is as rules of conduct
authorized to between individuals public ministers
appoint, with the and state. and consuls, and
consent of the over petitions for
Commission on • Implied Powers certiorari,
Appointment, the prohibition,
following: Effective exercise of
(heads of the other powers granted mandamus, quo
executive by Constitution to warranto, and
departments; Congress habeas corpus.
ambassadors,
other public • Inherent Powers (2) Review, revise,
ministers and reverse, modify, or
consuls; etc) Determine rules of affirm on appeal or
proceedings, compel
attendance of absent certiorari, as the
• The members, to obtain law or the Rules of
Removal quorum, keep a journal Court may provide,
Power final judgments and
• Specific orders of lower
From having the Legislative courts in:
power of Powers
appointment, (a) All cases in
comes the removal law expressly and which the
power. The specifically directs to
constitutionality or
President may perform or execute.
validity of any
remove his • Supervisory
Power treaty, international
appointees,
especially the or executive
members of the considerable control ad agreement, law,
Cabinet or other supervision over the presidential decree,
executive officials administrative branch proclamation,
whose term of order, instruction,
office is • Electorial Power
ordinance, or
determined at his
Elect its presiding regulation is in
pleasure.
officers of the House, question.
act as board of
• The Power canvassers for Pres/VP (b) All cases
of votes, elect President in involving the
Clemency case of any electoral legality of any tax,
tie. impost,
grant reprieves, assessment, or toll,
remission of fines or any penalty
and forfeitures,
imposed in relation
commutations and
pardons thereto.

(c) All cases in

• The Power which the
of Control jurisdiction of any
& lower court is in
Supervisio
issue.
n
(d) All criminal
The control power cases in which the
of the President is penalty imposed is
directly derived
reclusion perpetua
from the
Constitution. Thus, or higher.
any law that will
(e) All cases in
limit the exercise
of his control which only an error
power is invalid. or question of law
The members of is involved.
the Cabinet as his
alter ego are (3) Assign
under the full temporarily judges
control of the of lower courts to
President. He may other stations as
appoint them as public interest may
he sees fit, shuffle
require. Such
them at pleasure,
and replace them temporary
in his discretion assignment shall
without any legal not exceed six
inhibition months without the
whatsoever. consent of the
judge concerned.
• Military
Power (4) Order a change
of venue or place of
trial to avoid a
- Command all
miscarriage of
the armed
justice.
forces of the
Philippines; (5) Promulgate
- suspend the rules concerning
privilege of the the protection and
writ of habeas enforcement of
corpus; and constitutional
rights, pleading,
- declare
practice, and
martial law.
procedure in all
courts, the
admission to the
• Diplomatic practice of law, the
Power Integrated Bar, and
legal assistance to
No treaty or the
international underprivileged.
agreement
Such rules shall
shall be valid
and effective provide a simplified
unless and inexpensive
concurred in by procedure for the
at least two- speedy disposition
thirds of all the of cases, shall be
Members of the uniform for all
Senate.
courts of the same
grade, and shall not
• The diminish, increase,
Budgetary
or modify
Power
substantive rights.
President is Rules of procedure
mandated by of special courts
Constitution to and quasi-judicial
submit to bodies shall remain
Congress within effective unless
30days from the
disapproved by the
opening of the
regular session, as Supreme Court.
a basis of the
General (6) Appoint all
Appropriation Bill, officials and
 a budget of employees of the
expenditures and Judiciary in
sources of accordance with
financing,
the Civil Service
including receipts
from existing and Law.
proposed revenue
measures.

G. Prohibition
• Prohibition • Prohibition on serving • The members of
against re- for more than two supreme court
election of consecutive terms of and of other
President. senators courts
• No person may • Prohibition on legislator established by
be elected holding any other office law shall not be
President or employment. designated to
unless he is a • No increase in said any agency
natural born compensation shall performing
citizen of the take effect until after quasi-judicial or
Philippines, expiration of full term. administrative
registered • Prohibition against functions.
voter, able to delegation of legislative
read and write, powers. • No decision shall
40 years of • Prohibition against the be rendered by
age, resident of enactment of any court
the Phil for 10 irrepealable laws. without
years. • Prohibition against use expression
• No vice of public money or therein clearly
president shall property for religious and distinctly
serve for more purpose the facts and
than two the law on
• Prohibition against
successive which it is
granting title of royalty
terms. based.
or nobility.
• Prohibition
against • No petition for
practice of any review or
other motion for
profession. reconsideration
• Participation in of a decision of
any business, the court shall
directly or be refused due
indirectly. course or denied
• Conflict of without stating
interest the law in which
(between it is based.
personal,
family and
public interest)
in the conduct
of office.

Choose at least 3 sections in each of Article 6, 7, 8 in which

you wish to amend. Why?

ARTICLE VI
Sec. 3

This article should be amended because I think it is not enough that a

senator is able to read and write. I think that the senator should have
sufficient knowledge about the Philippine Constitution and should have at
least graduated with a college degree.

Sec. 6

Like what I said in Sec. 3 think it is not enough that a house of

representative is able to read and write. I think that the senator should have
sufficient knowledge about the Philippine Constitution and should have at
least graduated with a college degree.

Sec. 11

In this section, it is stated that a senator of member of the House of

Representatives shall, in all offenses punishable by not more than six years
imprisonment. I think that even if you are a government official, the years of
imprisonment shall still depend on the case of law offender.

ARTICLE VII

Sec. 2

I amend this section because in becoming a president, I think the

candidate must have at least 5 years or more experience in the senate or in
the congress so he/she would be exercise his/her powers well. The president
should not only be able to read, and write but must at least be a college
graduate also.

Sec. 3

I think that there should still be a confirmation of who will be appointed

as a Cabinet Member.

Sec. 5

The president taking oath, needing help from God, should also be a
believer of God.

ARTICLE VIII

Sec. 11

In this section, I think there should also be a fixed term of the

members of the Supreme Court to give everyone deserving to be a member a
fair chance.

Sec 15

The cases or matters filed must be decided or resolved within at least

12 months or shorter than twenty-four months so that more cases and
matters can be filed.

Sec 16
 I think the duration of the opening of each regular session is too long.
There should be at least 15-20 days required in submitting the annual report.