LEGISLATIVE, EXECUTIVE AND JUDICIAL BRANCHES OF THE PHILIPPINE GOVERNMENT

THE THREE BRANCHES OF THE PHILIPPINE GOVERNMENT

(Art. VI, VII & VIII OF THE 1987 PHILIPPINE CONSTITUTION)

© Official Gazette of the Republic of the Philippines

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 LEGISLATIVE, EXECUTIVE AND JUDICIAL BRANCHES OF THE PHILIPPINE GOVERNMENT

POINTS OF COMPARISON LEGISLATIVE DEPARTMENT (ART. VI) EXECUTIVE DEPARTMENT (ART. VII) JUDICIAL DEPARTMENT (ART. VIII)
Congress of the Philippines President of the Philippines Supreme Court and Statutory Courts of the
WHERE AUTHORITY IS (Sec. 1) (Sec. 1, Art. VII) Philippines (Sec. 1, Art. VIII)
VESTED
Except: People’s Initiative and Referendum
COMPOSITION SENATE HOUSE OF President SUPREME COURT STATUTORY COURTS
REPRESENTATIVES Vice President (VP)
Cabinet Members 1 Chief Justice Court of Appeals
Twenty-four senators Two hundred fifty Presidential Offices 14 Associate Justices Regional Trial Courts
(Sec. 2) (Local chief executives in the local level) Metropolitan Trial Court
District: 200 en banc or divisions Municipal Trial Court in
Party-list: 50 (20% of 250) (3,5,7) Cities
Special Courts
Except: Otherwise (Sec. 4)
provided by law

No religious sector. (Sec. 5

[1] & [2])

QUALIFICATIONS
CITIZENSHIP Natural-born Filipino Natural-born Filipino (Sec. Natural-born Filipino (Sec. 2) Natural-born Filipino Filipino Citizens (Sec. 7)
(Sec. 3) 9) (Sec. 7)
*President and Vice-President have the same
qualifications
AGE At least 35 years old on At least 25 years old on At least 40 years old on election day At least 40 years old at the time of appointment
election day election day

RESIDENCE At least 2 yrs. prior to At least 1 yr. prior to At least 10 yrs. prior to election N/A
election election (in the place of
representation for district
reps.)
LITERACY Able to read & write Able to read & write N/A
OTHER QUALIFICATIONS Registered voter Registered voter (in the Registered voter Justices: Lower Court Judge or Law practitioner in
place of representation for the Philippines for at least 15 years
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 district reps.)
Of proven competence, integrity, probity and
independence

HOW CHOSEN/SELECTED Elected at large (Sec. 2) Elected by districts and Elected by direct vote (Sec. 4 [1]) Appointment by the President from the Judicial and
party-list system (Sec. 5) Bar Council (JBC)
ELECTIONS/APPOINTMENT 2nd Monday of May (Sec. 8) 2nd Monday of May (Sec. 4 [3]) When a vacancy is created.
RESOLUTION OF ELECTION By the Electoral Tribunal in each house (Sec. 17) Supreme Court en banc (Sec. 4) N/A
PROTESTS
TERM OF OFFICE
LEGAL BASIS Senate (Sec. 4) House of Reps. (Sec. 7) President Vice President
MAXIMUM NO. OF TERM/S 2 3 1 2 During good behaviour until 70 yrs. old or
NO. OF YEARS PER TERM 6 3 6 6 incapacity (Sec. 8)
RE-ELECTION/S 1 2 Not allowed 1
TOTAL YEARS IF RE-ELECTED 12 9 6 12
REMOVAL FROM OFFICE 1) Lapse of Term 1) Lapse of Term 1) Lapse of Term
2) Expulsion by peers 2) Impeachment (Art. XI, Sec. 2) 2) Impeachment (Art. XI, Sec. 2)
(Sec. 20)
HOW VACANCIES Special election to serve for the unexpired term BEFORE THE TERM (Sec. 7) JUSTICE JUDGE
ARE FILLED UP (Sec. 9)
- In case of death or permanent disability of the Appointment by the Appointment by the
president, the VP assumes. If not, the senate Pres. from a list of at Pres. within 90 days
president or the house speaker (respectively). least 3 nominees from the submission of
prepared by the Judicial the list by the Judicial &
- In case of failure to qualify (oath) or non- & Bar Council (Sec. 9) Bar Council. (Sec. 10)
selection of the president, the VP assumes.
Note: Note:
DURING THE TERM (Sec. 8) No need for No need for
confirmation by the confirmation by the
- In case of death, permanent disability, removal Commission on Commission on
from office or resignation of the President, the Appointments Appointments
Vice President assumes the position.
Note:
In case of temporary disability – Composition and
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 1) President transmits written declaration to the Senate qualification of the
President and the House Speaker Judicial & Bar Council
2) Majority of all Cabinet Members transmit written (Sec. 8 [1] & [3])
declaration
3) If conflict (5 days by Cabinet majority)
Congress decides by 2/3 vote of both houses
separately

WHEN BOTH OFFICE OF THE PRESIDENT AND VICE

PRESIDENT ARE VACANT (Sec. 10)

Congress must:
1) Convene without call at 10 am of 3rd day
from occurrence of vacancy;
2) Enact within 7 days a law calling for special election
to be held not earlier than 45 days nor later than 60
days from call.

Exemption: Vacancy occurs w/in 18 mos. before next

election
SALARIES AND PRIVILEGES Determined by law Determined by law Fixed by law; may not be decreased during their
Increase is effective only after expiration of full term Increase is effective only after expiration of full term of continuance in office.
of all congressmen approving such increase. (Sec. 10) the incumbent when increase was approved. (Sec. 6)
Fiscal autonomy (Sec. 3)
Parliamentary Immunity:
*Freedom from Arrest
While Congress is in session & for offenses
punishable by not more than 6 yrs. imprisonment
*Privilege of Speech & Debate
No liability for any speech or debate in Congress or
any committee thereof. (Sec. 12)
POWERS & LIMITATIONS Refer to Table 1-1. Refer to Table 1-2. Refer to Table 1-3.

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 Table 1-1: LEGISLATIVE DEPARTMENT: POWERS & LIMITATIONS
Legislative Power War Powers [Sec. 23]
[Sec. 1] - Declare the existence of a State of War with 2/3 vote of
* Substantive/Scope both houses in joint session
- People’s Initiative on legislation [Sec. 32] - Grant Emergency Powers to the Pres. Appropriation Power or the Power of the Purse and
- Increasing SC Jurisdiction [Sec. 30] Disbursement Power [Secs. 24 & 25]
- No titles of royalty/ nobility [Sec. 31] Note:
* Procedural -Just to enforce a declared national policy Power to Tax [Sec. 28]
- Sessions, discipline, public disclosure, adjournment [Sec. 15] -In times of emergency Grant to Pres. of power to set tariff rates at certain
- Singularity of subject in bills [Sec. 26] -Revocable anytime conditions
- 3 readings [Sec. 26] -Expires upon adjournment if not revoked
- Veto Power of the Pres. [Sec. 27] Note: Tax Exemptions –
Power to Revoke or Extend Martial Law Declaration or 1) Constitutional
Counter-veto Power Habeas Corpus Writ Suspension 2) Congressional – majority vote
2/3 vote [Sec. 27] [Art. VII, Sec. 18]
Power to Judge the Fitness of the President [Art. VII, Sec. 11]
Concurrence on Appointments by the Commission on Power to Concur in Presidential Amnesties [Art. VII, Sec. 19]
Appointments [Sec. 18] Power of Impeachment [Art. XI, Secs. 2 & 3]
Electoral Powers
- Contest Resolution for Congressional Elections via the Power vis-à-vis Natural Resources [Art. XII]
Power of Legislative Investigation & the Question Hour Electoral Tribunals [Sec. 17]
[Secs. 21 & 22] - The official Board of Canvassers for Presidential Elections Constituent Power
[Art. VII, Sec. 4] Propose Amendments or Revisions to the Consti-tution [Art.
Note: - Call for Special Presidential Elections in case of vacancy in XVII, Sec. 1]
- in aid of legislation the offices of the Pres. & VP Art. VII, Sec. 10]
- in accd. w/ rules of proc. Note:
- non-violation of rights Power to Concur in Treaties/Agreement 2/3 of Senate [Art. Prohibition on Incompatible Offices, Forbidden Offices [Sec.
VII, Sec. 21] 13]

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 Table 1-2: EXECUTIVE DEPARTMENT: POWERS & LIMITATIONS
Executive Power [Sec. 1 & 17] Pardoning Power [Sec. 19]
Grants of:
Call Congress to a Special Session [Art. VI,Sec. 15] Pardon
Commutation
Veto Power Reprieve
Pres. returns bill to the House of origin with written objections within 30 days from receipt of Remission of Fines
the bill. Forfeiture of fines
Amnesty
Power of Appointment [Sec. 16]
This presupposes the power of removal Note:
- limit against midnight appointments & nepotism [Sec. 14 & 15] Only upon conviction by final judgment. Not applicable on impeachment,
violation of election laws except with COMELEC recommendation, legislative or civil contempt,
Power of Control [Sec. 17] extinguishment of civil liability, effecting restoration of forfeited public office
Power to alter, modify, nullify or set aside what subordinate officer/s did in performance of
duties & substitute judgment Borrowing Power [Sec. 20]
Also includes discipline of COMELEC deputies
General Supervision over LGUs & Autonomous Regional Governments [Art. X, Sec. 4] Note: Must be with concurrence of the Monetary Board and report to Congress

Emergency Powers [Art. VI, Sec. 23] Diplomatic or Treaty/Agreement-Making Power [Sec. 21]

Military Power as AFP Commander-in-Chief [Sec. 18] Note: Must be with concurrence of 2/3 of Senate
*Lawless violence, Invasion, Rebellion:
- Call on AFP to suppress Budgetary Power [Sec. 22]
* Invasion or Rebellion Note: The submission must be within 30 days from the opening of the regular session of
IF public safety requires Congress
- Declare Martial Law &/or
- Suspend the Privilege of the Writ of Habeas Corpus Tariff Powers [Art. VI, Sec. 28]

Note: Informing Power [Sec. 23]

1) Report to Congress with-in 48 hours;
2) Subject to revocation or extension by Congress Note: The State of the Nation Address (SONA)
3) Subject to SC ruling
4) Expires 60 days after Note:
5) Persons not charged and put to trial within 3 days will be released. Prohibition against Double Compensation & holding another office [Secs. 6 & 13]
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 Table 1-3: JUDICIAL DEPARTMENT: POWERS & LIMITATIONS
Judicial Power[Sec. 1]
Power to decide on justiciable questions (cases/controversy which involve legally demandable & enforceable rights):
Judicial Review (determine if there is grave abuse of discretion amounting to lack or excess of jurisdiction from any branch or instrumentality of the government)
Note:
Judicial Review-2 aspects:
Inter-branch [Sec. 1, par 2]
Intra-judiciary [Sec. 5 (2)]

Judicial Review
[Sec. 1, par. 2]
Note: Non-delegation to any agency with quasi-judicial or administrative functions

SC Jurisdiction:
Original [Sec. 5(1)]
Appellate [Sec. 5(2)]
Note: May be increased by Congress with SC Consent [Art. VI, Sec. 30]

Other powers:
- Temporary Assignment of Judges [Sec. 5(3)] Note: Security of Tenure
- Order change of venue [Sec. 5(4)]
- Rule-making power [Sec. 5(5)]
- Appointment of judicial personnel [Sec. 5(6)]
- Administrative supervision [Sec. 6]
- Discipline of lower court judges [Sec. 11]

Power to rule on the constitutionality of martial law declaration or Habeas Corpus Writ
Suspension [Art. VII, Sec. 18]

Judicial Power Check on the President’s Pardon Power

PERIODS OF COURT DECISIONS (Sec. 15)

Supreme Court Twenty-four (24) months
Lower Collegiate Courts Twelve (12) months*
All Other Lower Courts Three (3) months*
*unless reduced by the Supreme Court

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