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Blancaflor, John Clint G.

June 27,
2019

CE - 3/ 205112926 SS10 /
EO2

Writing Task

Legislative Executive Judicial

Judicial power is the power and duty of


Double-chamber body the courts of justice which include the
The executive power shall be vested
Membership consisting of the Senate and Supreme Court, The Court of Appeals
in the President of the Philippines
the House of Representatives and other collegiate appellate courts
and the lower courts

Qualifications Basic or minimum qualifications of


A Senator must be: the President: Supreme Courts:
a. A natural-born citizen a. He must be a natural-born
of the Philippines 1. He is a natural-born citizen of citizen of the Philippines.
b. At least 35 years of age the Philippines Therefore, a naturalized citizen
on the day of the may not be appointed
election (i.e., day of 2. He is a registered voter b. He must be at least 40 years of
balloting) age
c. Able to read and write c. He must have, for 15 years or
3. He is able to read and write
d. A registered voter more, been a judge of a lower
e. A resident of the court or engaged in the
Philippines for not less 4. He is at least 40 years of age practice of law in the
than 2 years on the day of the election Philippines
immediately preceding (not proclamation or d. He must be a person of proven
the day of the election assumption of office) for competence, integrity, probity
President and independence.
A representative must be:
a. A natural-born citizen 5. He is a resident of the Lower collegiate courts:
of the Philippines Philippines for at least 10 a. The qualifications of members
b. At least 25 years of age years immediately preceding of any lower collegiate court
on the day of the such election shall be prescribed by
election Congress.
c. Able to read and write Judges of lower courts:
d. Except for a party-list a. He must be a citizen. He need
representative, a not be natural-born except
registered voter in the members of lower collegiate
district in which he courts.
shall be elected; and b. He must be a member of the
e. A resident thereof for a Philippines Bar as it is a
period of not less than prerequisite to the practice of
1 year preceding the law in the Philippines.
day of the election c. He must be a person of proven
competence, integrity, probity
and independence.

Powers and
Functions Powers may be classified into: Powers of the President are: Adjudicatory Power - Includes the
duty of courts of justice.
1. General Legislative Power 1. Power of control over all a) To settle actual controversies
- It is the power to executive departments, involving rights which are
enact laws intended as bureaus and offices. legally demandable and
rules of conduct to a. Power of enforceable.
govern the relations appointment with b) To determine whether there has
among individuals or which he may choose been a grave abuse of
between the men of competence discretion amounting to lack or
individuals and the and confidence. excess of jurisdiction on the
State. b. Power of removal part of any branch or
2. Specific Powers with which he may instrumentality of the
- They are powers weed out incapable government.
which the Constitution and dishonest officials
expressly directs or 2. Power to insure that the Power of Judicial Review – It also
authorizes Congress to laws be faithfully executed. includes the power:
exercise. - Primary function of the a) To pass upon the validity or
President is to enforce the constitutionality of the laws of
3. Implied Powers
laws. the State and the acts of the
- They are those
3. Military power of the other departments of the
essential or necessary
President. government.
to the effective
a. Power to meet b) To interpret them
exercise of the powers
c) To render binding judgments
expressly granted. emergency
situations which
4. Inherent Powers includes ability
- They are the powers Incidental Powers – It likewise includes the
which are possessed to (a) call out the incidental powers necessary to the effective
and can be exercised armed forces to discharge of the judicial functions such as
by every government prevent or suppress
lawless violence, meet the power to punish persons adjudged in
because they exist as
an attribute of the threat of invasion, contempt.
sovereignty. or quell rebellion, (b)
to suspend the
privilege of the writ of
habeas corpus and (c)
to declare martial law.
b. Commander-in-
Chief of the Armed
Forces. The
Constitution makes
the President, a
civilian, the
Commander-in-Chief
of all the armed forces
of the Philippines. He
is authorized,
whenever it becomes
necessary, to call out
such armed forces to
prevent or suppress
lawless violence,
invasion or rebellion.
4. Pardoning Power
- The power to grant
pardon and other acts of
clemency to violators of
the law. This power
extends to all offenses. It
does not give the
President the power to
exempt, except from
punishment, anyone from
the law.

5. Remission of fines and


forfeitures
- The President has the
power to remit fines and
forfeitures for all offenses
after final conviction

6. Authority to contract and


guarantee foreign loans
- The President may
contract foreign loans on
behalf of the republic of
the Philippines without
the need of prior
congressional approval.

7. Budgetary power of the


President
- The President is entrusted
by the Constitution with
the task of preparing the
budget or receipts and
expenditures based on
existing and proposed
revenue measures and
other sources of financing
and of submitting it to
Congress within 30 days
from the opening of each
regular session.
Power of judicial review limitations:
1. There must be a concurrence
The President is subject to the
or at least a majority of the
following prohibitions:
members who actually took
part in the deliberations on the
a) They shall not hold, unless
issues in the case and voted
otherwise provided in the
thereon.
Constitution, any other office
2. A law must be sustained unless
or employment.
clearly repugnant to the
b) They shall not practice any
The constitution empowers Constitution in view of the
other profession
each House to determine the presumption of validity.
c) They shall not participate,
rules of its proceedings. Any 3. The question of wisdom,
directly or indirectly, in any
such rule is subject to propriety, or necessity of a law
business.
revocation or modification by is not open to determination by
d) They shall not be financially
each House. The rules the court.
interested, directly or
promulgated should not ignore 4. Political questions are generally
Limitations indirectly, in any contract
constitutional restraints or addressed to the political
with, or in any franchise or
violate fundamental rights. branches of the government
special privilege granted by
They cannot repeal or alter and are, therefore, not
the government or any
statutes. The reason for this is justiciable.
subdivision, agency or
that the Constitution and
instrumentality thereof
statutes are superior to the Limitations on rule-making power of
including any government-
internal rules of Congress. Supreme Court:
owned or controlled
1. Such rules shall provide a
corporation or their
simplified and inexpensive
subsidiaries.
procedure for the speedy
e) They shall strictly avoid
disposition of cases.
conflict of interest (between
2. They shall be uniform for all
personal or family interest
courts if the same grade.
and public interest) in the
3. They shall not diminish,
conduct of their office.
increase or modify substantive
rights.

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