Ajoc, John Roland AB POLITICAL SCIENCE 3 Commented [S1]:

Balaba, Aldren Ross Commented [S2R1]: Please… start your Report by citing the
Cerez Catherine legal basis of the Legislative, the Executive and Judicial… you can
find this in the Consti
Chiong, Rhollyn Kate
Gupit, Samantha Nicole Also, you may mention this.- SEPARATION OF POWERS- T he
cardinal postulate explains that the three branches must discharge
Sipin, Claire Kimberly their respective functions within the limits of authority conferred by
Uayan, Junesa 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.
Written Report in Separation of Powers v. Republic, 600 SCRA 102)
Commented [S3R1]:
LEARNING OBJECTIVES:

1. Individually define the 3 branches of the government and distinguish each of their
functions.
2. Identify the process of how a bill becomes a law.
3. Explain the importance of the principle of checks and balances and how 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. Commented [S4]: Mention the 3 branches, 1st should be the
Legislative Department -the legal basis is Art VI of the Consti..cite
the pertinent provisions, Sec 1,2 & 5
A. Legislative Department Commented [S5R4]:
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.

EXECUTION Commented [S6]: After the Legislative branch, the Executive

branch…Cite the pertinent provisions/legal basis, section 1, 17 of
B. Executive Department Article VII

Article VII Section 1. The executive power shall be vested in the President of the Philippines.
 The executive branch carries out and enforces laws.
• The political executive is the core of government, consisting as it does of the
political leaders who form the top level of the administration: presidents, prime
ministers, ministers, and cabinets.

ROLE OF THE EXECUTIVE:

• The role of the executive as a government’s energizing force, setting priorities,
mobilizing support, reacting to problems, resolving crises, making decisions, and
overseeing their execution. In simple terms the executive branch carries out and
enforces laws.
• 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).
o 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.
o 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.

Executives take three main institutional forms:

• Presidential,
• Parliamentary,
• And Semi-presidential.

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.
• Elected president steers the government and makes senior appointments.
• Fixed terms of offices for the president and the legislature, neither of which can ordinarily
bring down the other.
• Presidents are usually limited to a specified number of terms in office; usually two.
• Little overlap in membership between the executive and the legislature.
• President serves as head of government as well as head of state.
• Examples: Afghanistan, Argentina, Brazil, Egypt, Indonesia, Nigeria, United States.

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.
• Prime minister (or chancellor, premier) is normally head of the biggest political party in
the legislature.
 • Governments emerge from the legislature and the prime minister can be dismissed from
office by losing a legislative majority or a vote of confidence.
• Executives can serve an unlimited number of terms in office.
• The executive is collegial, taking the form of a cabinet (or council of ministers) in which,
the prime minister is traditionally first among equals. The cabinet typically contains around
two dozen members.
• Prime minister is head of government, working with a separate ceremonial head of state.
• Examples: most European countries, Australia, Canada, India, Japan, New Zealand.

Semi-presidential executives - A combination of the presidential and the parliamentary, mixing

both models to produce a distinct system.
• Combines an elected president and an appointed prime minister.
• President usually appoints the prime minister and can dissolve the legislature.
• President usually serves a limited number of fixed-length terms.
• Prime minister and cabinet are accountable to both the president and the legislature.
• President serves as head of state and shares the responsibilities of being head of
government with the prime minister.
• Examples: France, Mongolia, Russia, Sri Lanka, Ukraine, several former French colonies
in Africa

1. LEGISLATURE- is symbols of popular representation in politics, and understanding the way

they work is central to institutional theory. They are not governing bodies; they do not take
major decisions and they do not even normally initiate proposals for laws. A multi-member
 representative body which considers public issues and either accepts amends or rejects
proposals for new laws and policies. Commented [S7]: Pleas use how it is cited in Constitution- -
Legislative

It is in their legislative, that the members of a commonwealth are united, and combined together
into one coherent living body. This is the soul that gives form, life, and unity, to the
commonwealth: from hence the several members have their mutual influence, sympathy, and
connection: and, therefore, when the legislative is broken, or dissolved, dissolution and death
follows. (Locke, 1690: sec. 212)

Functions:

Democratic legislatures have six major functions:

HOW A BILL BECOMES A LAW: Commented [S8]: You may exclude this Nic

You may exclude this

2. JUDICIARY: Judicial Department Commented [S9]: First, cite the Constitutional provisions… so
cite Article VIII Judicial Department… emphasize/cite Sections 1, 2
&4 of Art VIII
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.

The judicial branch is in charge of deciding the meaning of laws, how to apply them to
real situations, and whether a law breaks the rules of the Constitution. The Constitution
is the highest law of our Nation.

▪ 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.

NOTE:

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, CSCRegional Office No. 11, supra, at 303,

Constitutions are neither self-made nor self-implementing, and they need the support
of institutions that can enforce their provisions by striking down offending laws and
practices.

This role has fallen to the judiciary; with their power of judicial review (allowing them
to override decisions and the laws produced by governments).They constrains the
power of elected rulers, thereby both stabilizing and limiting democracy.

Hirschl (2008: 119) has gone so far as to refer to the rise of juristocracy, or government
by judges: Armed with judicial review procedures, national high courts worldwide have
been frequently asked to resolve a range of issues, varying from the scope of expression
 and religious liberties, equality rights, privacy, and reproductive freedoms, to public
policies pertaining to criminal justice, property, trade, and commerce, education,
immigration, labor, and environmental protection.

FUNCTIONS:
1. To Give Justice to the people
2. Interpretation and Application of Laws
3. Role in Law-making
4. Equity Legislation
5. Protection of Rights
6. Guardian of the Constitution
7. Running of the Judicial Administration
8. Advisory Functions
9. To Conduct Judicial Inquiries

EXCLUDE :CHECK AND BALANCE in your report

PRINCIPLE OF CHECKS AND BALANCES

A system of checks and balances divides powers and responsibilities and obliges the key
institutions and the different levels of government to work together to make and
implement policy.
CONCLUSION:

To summarize, the legislative, executive, 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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