Philippine

Government Set – up
& Its Constitution

The Philippines is a republic with a presidential form of government wherein power is

equally divided among its three branches: executive, legislative, and judicial.

To ensure a separation of powers, the Philippine Government is made up of three

branches: legislative, executive, and judicial. To ensure the government is effective
and citizens’ rights are protected, each branch has its own powers and
responsibilities, including working with the other branches.
LEGISLATIVE BRANCH
• The legislative power of the government is given the Congress of the
Philippines.
• The Congress is divided into two chambers: the House of Representatives
(Lower House) and the Senate of the Philippines (Upper House).
• Primary function is the creation enactment, and amendment of laws.
• Proposed laws may come from Senators or Congressmen.
• Bill – is a draft of law presented to legislation for enactment.

The Senate
• The Senate is composed of 24 senators elected at large.
• Natural born citizen, able to read and write, a registered voter, at least 35 yrs.
old.
• Senate President: Juan Miguel Zubiri.

The Congress
• The Senate is composed of not more than 250 members; 20% Party List
Representatives.
• Represent a district in a province, a province, or a certain group (party list).
• Natural born citizen, able to read and write, a registered voter, at least 25 yrs.
old.
• Speaker of the House: Ferdinand Martin Gomez Romualdez.
THE EXECUTIVE BRANCH
• Article VII of the Philippine Constitution: The Executive Department.
• Section 1: vests the executive power on the President of the Philippines.
PRESIDENT is the head of state and head of government, commander-in-Chief
of the AFP, control over executive departments, bureaus, and offices, enforces
the laws.
• Executive branch sets the direction or national policy.

• Section 2: President is elected and must be:

− Natural – born citizen of the Philippines.
− Registered voter.
− Able to read and write.
− At least 40 years of age and on the day of election.
− Resident of the Philippines for at least 10 years.

• Section 3: The Vice President has the same qualifications and term of office (6
years) and manner of being elected as the President. May be appointed as
member of the Cabinet.
• Section 4: Popular vote, 6 years-term and shall begin at noon on the 30th day of
June after the election, not eligible for reelection.
• Section 16: The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of
the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution.
• Section 17: The President shall have the control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be faithfully
executed.
• Section 18: The President shall be the Commander-in-Chief of all armed forces
of the Philippines and whenever it becomes necessary, he may call out such
armed forces to prevent or suppress lawless violence, invasion, or rebellion.
• Section 19: Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and pardons,
and remit fitness and forfeitures, after conviction by final judgement.
• He shall also have the power to grant amnesty with the concurrence of a
majority of all the Members of the Congress.
• Section 20: The President may contract or guarantee foreign loans on behalf of
the Republic of the Philippines with the prior concurrence of the Monetary
Board, and subject to such limitations as may be provided by law.
• Section 21: No treaty or international agreement shall be valid and effective
unless concurred in by at least two-thirds of the all Members of the Senate.
• Section 22: The President shall submit to the Congress, within thirty days from
the opening of every regular session as the basis of the general appropriating
bill, a budget of expenditures and sources of financing, including receipts from
existing and proposed revenue measures.
• Section 23: The President shall address the Congress at the opening of its
regular session. He may also appear before it at any other time.
The Judiciary Branch
• Holds the power to settle controversies involving rights that are legally
demandable and enforceable.
• It is made up of a Supreme Court and lower courts.
• The system courts that interpret and applies the law in the name of the state.
• It provides mechanisms for resolution and disputes.
• Does not make the law but interprets it and applies it to the facts of each case.
• Tasked with ensuring equal justice under law.
• Judicial power rests with the Supreme Court and the Lower Courts.

Supreme Court
• The highest court.
• Consists of 14 Associate Justices and 1 Chief Justice.
• Functions: Judicial and Administrative.
• Has an administrative supervision over all courts and the personnel.

Court of Appeals
• Second highest judicial court.
• Consists of 68 Associate Justices and 1 Presiding Judge (Presidential
Appointee)

Sandiganbayan
• A special court which was established to decide criminal and civil cases against
government officials and employees accused of graft and corruption and
similar cased.
• The people’s advocate.
Court of Tax Appeals
• Is a special court of limited district, and has the same level with the Court of
Appeals.
• Consists of 8 Associate Justices and 1 Presiding Justice.
• Involves criminal violation and collection of revenues under the National
Internal Revenue Code and Tariff and Customs Code.

Regional Trial Courts

• Was established among the regions of the republic.
• Exercise exclusive district in all criminal cases not within other courts except
those falling under the exclusive and concurrent district of the Sandiganbayan.
• RTC holds cases of serious crimes like murder, robbery, etc.

Shari’a District Courts

• Equivalent to the Regional Trial Court established in specified provinces in
Mindanao where the Code of Muslim Personal Laws of the Philippines is being
enforced.
• Is of limited of district.
• Composed of 5 Shari’a District Court and 51 Shari’a Circuit Courts
• Decisions of the Sharia’s District Courts shall be final.

The Chief Justice

• Appointed by the President based on the nominees prepared by the Judicial
and Bar Council.
• Retirement Age: 70 no term limit.