TORRES, BRENT CHRISTIAN T.

LEGAL RESEARCH
LLB – 1A
THREE BRANCHES OF THE PHILIPPINE GOVERNMENT

The Philippine government takes place in an organized framework of a presidential,

representative, and democratic republic whereby the president is both the head of state and the
head of government. This system revolves around three separate and sovereign yet
interdependent branches: the legislative branch (the law-making body), the executive branch (the
law-enforcing body), and the judicial branch (the law-interpreting body). Executive power is
exercised by the government under the leadership of the president. Legislative power is vested in
both the government and the two-chamber congress—the Senate (the upper chamber) and the
House of Representatives (the lower chamber). Judicial power is vested in the courts with the
Supreme Court of the Philippines as the highest judicial body.

A. EXECUTIVE DEPARTMENT

Sec. 1, Art. VII provides that: The executive power shall be vested in the President of the
Philippines. Executive power has been defined as the power to administer the laws, which means
carrying them into practical operation and enforcing their due observance. 1 he president is also
the Commander-in-Chief of the Armed Forces of the Philippines. The president is elected by
popular vote to a term of six years. The president, then, appoints (and may dismiss) his/her
cabinet members whom he/she presides over. The executive seat of government is administered
officially from Malacañan Palace—also the official residence of the president—in Manila. The
President may no longer run for re-election, unless he/she becomes president through
constitutional succession and has served for no more than four years as president. The second
highest official, the vice-president is first in line to succession should the president resign, be
impeached or die in office. The vice-president usually, though not always, may be a member of
the president's cabinet. If there is a vacancy in the position of Vice President, the President will
appoint any member of Congress (usually a party member) as new Vice President. The
appointment will be validated by a three-fourths vote of Congress voting separately.

B. LEGISLATIVE DEPARTMENT

Sec. 1, Art. VI provides that: The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and House of Representatives, except to the extent
reserved to the people by provision on initiative and referendum. Legislative power is essentially
the authority under the Constitution to make laws and subsequently, when the need arises, to
alter and repeal them.2 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.
1
Hector S. De Leon and Hector M. De Leon Jr., Textbook on the PHILIPPINE CONSTITUTION, (Philippines:
Rex Printing Company Inc., 2014), p. 315.
2
Ibid., p. 240.
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C. JUDICIAL DEPARTMENT

Sec. 1, Art. VIII provides that: The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law. Judicial power is the power and duty of
courts of justice to interpret and to apply the laws (including the Constitution) to contests or
disputes concerning legally recognized rights or duties between the State and private persons or
individuals, or between private persons or individual litigants, in cases properly brought before
the judicial tribunals.3
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.

Lower Collegiate Courts

 Court of Appeals
 Court of Tax Appeals
 Sandiganbayan
Regular Courts
 Regional Trial Courts
 Metropolitan Trial Courts
 Municipal Trial Courts
 Municipal Trial Courts in Cities
 Municipal Circuit Trial Courts
Muslim Courts
 Sharia District Courts
 Sharia Circuit Courts

*LOCAL GOVERNMENT UNIT

The Local Government Unit is the part of the government closest to the people and is in
charge of delivering basic services and facilities to its constituents.
LGUs have four classifications: the barangays (villages), municipalities, cities and provinces,
and the autonomous regions (although there is only one existing, the Autonomous Region in
Muslim Mindanao). They are considered independent from the national government: each LGU
has the right and the power to regulate its affairs—political, economic, social, and administrative
—in its given territory, consistent with the national policies.

3
Ibid., p. 364.
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The elected LGU officials are the barangay chairman, also known as the punong
barangay; mayors and vice mayors for both municipalities and cities; governors and vice
governors. They are the ones which head the executive department of their respective LGU. The
citizens also vote for their representatives to the Sanggunian or the council, the legislative branch
of the LGU. These are called Board Members at the provincial level, and councilors from the
city and municipality to the barangay level. The Local Chief Executive -- the Governor, the
Mayor or the Barangay Chairperson -- leads the daily operations of the LGU. She/he must
enforce all laws and ordinances, maintain public order, formulate development plans for the
corresponding territories, and represent her/his respective LGU in all transactions.
The role of the Sanggunians is the legislative body of the LGU. It is responsible in
enacting and reviewing ordinances, approving resolutions, and planning the economic growth of
the LGU, among other tasks. It is composed of representatives from each legislative district,
from the provincial down to the municipal level. The number of Sanggunian representatives
varies according to the LGU’s charter or its number of districts. The Vice Governor or Vice
Mayor heads the Sanggunian once it convenes. The Sangguniang Pambarangay (Barangay
Council) is elected at large and has seven members.

*CONSTITUTIONAL COMMISSIONS
Aside from the three branches of government, Article IX of the 1987 Constitution
established three independent, fiscally-autonomous commissions: the Civil Service Commission
(CSC), the Commission on Elections (COMELEC), and the Commission on Audit (COA). In
addition, Article XIII of the constitution and the Administrative Code of 1987 created the
Commission on Human Rights (CHR).

1. CIVIL SERVICE COMMISSION

The constitution entrusts the administration of the civil service, inclusive of all the
branches, subdivisions, instrumentalities and agencies of the government, and government-
owned or -controlled corporations, to the Civil Service Commission (CSC). The CSC acts as the
central personnel agency of the government. It is mandated to adopt measures to promote
morale, efficiency, integrity, responsiveness, progressiveness and courtesy in the bureaucracy. It
is also tasked to strengthen the merit and rewards system within government agencies, integrate
human resources development programs for all levels and ranks, and institutionalize a climate
conducive to transparency and accountability. The Career Service Eligibility examinations for
prospective government officers and employees are being administered by the CSC.
The CSC shall be led by a chairman and two commissioners, who shall be appointed by
the President—with approval from the Commission on Appointments—for single seven-year
terms.
The abovementioned must possess the following qualifications:
 a natural-born citizen of the Philippines;
 at least thirty-five years of age;
 proven capacity for public administration; and
 must not have been candidates for any elective position preceding their appointment.

2. COMMISSION ON ELECTIONS
The Commission on Elections (COMELEC) is the primary government agency
responsible for the conduct of regular and special elections in the country. Similar to other
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constitutional commissions, the COMELEC is an independent and fiscally-autonomous body
free from political interference or influence from the three branches of government, which makes
possible the conduct of free, fair, and honest elections.
According to the constitution, the COMELEC shall exercise and perform 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 contests relating to the elections, returns and
qualifications of elective regional, provincial and city officials, and appellate jurisdiction
over contests involving elective municipal officials or barangay officials decided by trial
courts.
• Decide 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 law enforcement agencies and instrumentalities of the government, including the
Armed Forces of the Philippines (AFP), to ensure peaceful, orderly and credible
elections.
• Register political parties, organizations or coalitions, and accredit citizens’ arms or watchdogs.
• File petitions in court for inclusion or exclusion of voters, and investigate and prosecute cases
of violations of election laws, including election frauds, offenses, and malpractices.
• Recommend to Congress measures to minimize election spending, limit places for propaganda
materials, and prevent and penalize all forms of election frauds, offenses and nuisance
candidates.
• Submit to the President and Congress a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.

The COMELEC shall be composed of a chairman and six commissioners, who shall be
appointed by the President—with approval from the Commission on Appointments—for single
seven-year terms. The abovementioned must satisfy the following qualifications:
 a natural-born citizen of the Philippines;
 at least thirty-five years of age;
 holder of a college degree; and
 has not been a candidate for any elective position in the immediately preceding
elections.
In addition, the chairman and a majority of the commissioners must be members of the
Philippine Bar who have been engaged in the practice of law for at least ten years.

3. COMMISSION ON AUDIT
Envisioned as an anti-graft and corruption body, the Commission on Audit (COA) was
established to audit, examine, and settle all accounts pertaining to the revenue, funds,
expenditures and property owned or held in trust by government agencies, including other
constitutional commissions, government-owned or -controlled corporations, autonomous state
colleges and universities, and non-governmental entities receiving subsidy or equity from or
through the government.
The COA’s other powers and functions, as provided for in the constitution, include:
• Promulgate accounting and auditing rules and regulations, including those for the prevention
and disallowance of irregular, unnecessary, excessive, extravagant or unconscionable
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LLB – 1A
expenditures, or uses of government funds and properties.
• Submit annual reports to the President and Congress on the financial condition and operation
of the government.
• Recommend measures to improve the efficiency and effectiveness of government operations.
• Keep the general accounts of government, and preserve the vouchers and supporting papers
pertaining thereto.
• Decide any case brought before it within 60 days.

The COA shall be comprised of a chairman and two commissioners, who shall be
appointed by the President—with approval from the Commission on Appointments—for single
seven-year terms. The officials mentioned must possess the following criteria:
 a natural-born citizen of the Philippines;
 at least thirty-five years of age;
 a certified public accountant, with not less than ten years of auditing experience, or a
member of the Philippine Bar who has been engaged in the practice of law
for at least ten years; and
 has not been a candidate for any elective position in the preceding elections.
In addition, the constitution stipulates that at no time shall the chairman and
commissioners of the COA belong to the same profession.

4. COMMISSION ON HUMAN RIGHTS

Apart from the three bodies created in Article IX of the constitution, Sections 17 and 18
of Article XIII and the Administrative Code of 1987 established an independent Commission on
Human Rights (CHR).

The CHR has the following powers and function:

• Investigate all forms of human rights violations involving civil and political rights.
• Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad.
• Provide for preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection.
• Exercise visitorial powers over jails, prisons, or detention facilities.
• Establish a program of research, education, and information to enhance respect for the primacy
of human rights.
• Recommend to Congress effective measures to promote human rights, and to provide for
compensation to victims of violations of human rights, or their families.
• Monitor the government’s compliance with international treaty obligations on human rights.
• Grant immunity from prosecution to any person whose testimony or possession of evidence is
necessary or convenient to determine the truth in any matter it investigates;

The CHR is composed of a chairman and four commissioners, who shall be appointed by the
President for single seven-year terms. The qualifications for the chairman and commissioners are
as follows:
 a natural-born citizen of the Philippines;
 at least thirty-five years of age; and
 has not been a candidate for any elective position preceding their appointment.
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In addition, the constitution states that a majority of the abovementioned officials must be
members of the Philippine Bar.

*The Sword
- It represents the Executive Branch of the government because it has the authority over
military affairs.

*The Scale
- It represents the Judiciary Branch because they impose fairness under the rule of law.

*The Purse
- It represents the Legislative Branch of the government because they should be immune
to the influence money or power as they make their decisions.