G4 Pol-Law

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Separation of

Powers in the 3
branches of the
Government
AJOC, John Roland CHIONG, Rhollyn Kate
BALABA, Aldren Ross GUPIT, Samantha Nicole
CEREZO, Catherine SIPIN, Claire Kimberly
UAYAN, Junesa
AB POLITICALSCIENCE3
LEARNING OBJECTIVES:

01 02
Individually define Explain the
the 3 branches of the importance of the
government and principle of checks
distinguish each of and balances and how
their functions. they play a role in the
political system.
Separation of Powers

The cardinal postulate explains that the three branches must discharge their
respective functions within the limits of authority conferred by the Constitution.
Under the principle of separation of powers, neither Congress, the President, nor the
Judiciary may encroach on fields allocated to the other branches of government.
(Philippine Coconut Federation, Inc. v. Republic, 600 SCRA 102).
The function of the three branches
of government.

Legislative Department
Article VI Section 1. The legislative power shall be
vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the
provision on initiative and referendum.
The function of the three branches
of government.

Legislative Department
Article VI Section 2. The senate shall be compose of 24
senators who shall be elected at large by the qualified
voters of the PH, as may be provided by law.
6 Functions of the LEGISLATIVE

Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An introduction.
Comparative Government and Politics (10th edition). PALGRAVE Macmillan Publishers Limited.
EXECUTIVE DEPARTMENT

Article VII Section 1. The


executive power shall be vested
in the President of the
Philippines.
EXECUTIVE DEPARTMENT

Executive Department
Article VII Section 17. The President shall
have control of all the executive
departments, bureaus, and offices. He
shall ensure that the laws be faithfully
executed.
ROLE OF THE EXECUTIVE:
• Two different roles carried out by executives: the head
of state (the figurehead representative of the state and
all its citizens) and the head of government (the
political leader of a government).
The head of state - The figurehead leader of a state, who may be elected or
appointed, or – in the case of monarchs – may inherit the position. The role is
non-political and has many functions but few substantive powers.
The head of government - The elected leader of a government, who comes to
office because of the support of voters who identify with their party and
platform.

Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An introduction.
Comparative Government and Politics (10th edition). PALGRAVE Macmillan Publishers Limited.
Executives take three main
institutional forms:
• Presidential,
• Parliamentary,
• And Semi-presidential.

Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An introduction.
Comparative Government and Politics (10th edition). PALGRAVE Macmillan Publishers Limited.
Executives take three Main
Institutional forms:

• Presidential executives - a presidential executive is a


form of constitutional rule in which a single chief
executive governs using the authority derived from
popular election, alongside an independent legislature.

Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An introduction.
Comparative Government and Politics (10th edition). PALGRAVE Macmillan Publishers Limited.
Executives take three main
institutional forms:
• Parliamentary government: An arrangement in which
the executive emerges from the legislature (most often
in the form of a coalition), remains accountable to it,
and must resign if it loses a legislative vote of no
confidence.

Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An introduction.
Comparative Government and Politics (10th edition). PALGRAVE Macmillan Publishers Limited.
Executives take three main
institutional forms:

• Semi-presidential executives - A combination of the


presidential and the parliamentary, mixing both
models to produce a distinct system.

Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An introduction.
Comparative Government and Politics (10th edition). PALGRAVE Macmillan Publishers Limited.
Judiciary Department

Article VIII Section 1. The


judicial power shall be vested in
one Supreme Court and in such
lower courts as may be
established by law.
JUDICIAL DEPARTMENT
• The Supreme Court is the only constitutional court,
all the lower courts being of statutory creation.

• Lower courts refer to all other courts below the


Supreme Court, i.e., the Court of Appeals, the
Sandiganbayan, the Court of Tax Appeals, the
Regional Trial Courts, the Metropolitan Trial Courts,
the Municipal Trial Courts, the Shari‘a Courts and all
other courts created by law.
Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An
introduction. Comparative Government and Politics (10th edition). PALGRAVE Macmillan
Publishers Limited.
Functions of the Judiciary

To Give Justice to Interpretation and Role in Law-


the people Application of Laws making

Equity Protection of Guardian of the


Legislation Rights Constitution
Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An
introduction. Comparative Government and Politics (10th edition). PALGRAVE Macmillan
Publishers Limited.
Functions of the Judiciary

Running of the Advisory To Conduct


Judicial Functions Judicial
Administration Inquiries

Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An
introduction. Comparative Government and Politics (10th edition). PALGRAVE Macmillan
Publishers Limited.
Supervision of Courts

The Supreme Court shall have administrative supervision over all courts and the personnel
thereof. (Article VIII, Section 6) The Members of the Supreme Court and judges of lower
courts shall hold office during good behavior until they reached the age of seventy years
or become incapacitated to discharge the duties of their office. The Supreme Court en
banc shall have the power to discipline judges of lower courts, or order their dismissal by a
vote of a majority of the Members who actually took part in the deliberations on the
issues in the case and voted thereon. (Article VIII, Section 11) Jurisprudence has
characterized administrative supervision as exclusive, noting that only the Supreme Court
can oversee the judges and court personnel's compliance with all laws, rules and
regulations. No other branch of government may intrude into this power, without running
afoul of the doctrine of separation of powers. (Ampong v. Civil Service Commission, CSC
Regional Office No. 11, supra, at 303,)
To summarize, the legislative, executive,
CONCLUSION and judicial departments of government
each have their distinct tasks and
functions to maintain the separation of
powers. Each part of government has its
powers and responsibilities, including
cooperating with the other branches, to
ensure that the government is effective
and individuals' rights are maintained.
REFERENCES
Ghai, K. K. (2016). Judiciary: functions, importance and an essential quality of judiciary.
Retrieved from https://www.yourarticlelibrary.com/essay/law-essay/judiciary-
functions-importance-and-an-essential-quality-of-judiciary/40352

Hague R., Harrop M., & McCormick. (2016). Comparative government and politics: An
introduction. Comparative Government and Politics (10th edition). PALGRAVE
Macmillan Publishers Limited.

McCormick J. (2010). Comparative politics in transition. (6th edition). Wadsworth, Cengage


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