LEGISLATIVE BRANCH

1. House of the Senate

2. House of Representaives

HOUSE OF THE SENATE HOUSE OF REPRESENTATIVES

 Headed by the Senate President  Speaker of the House

 Referred to as UPPER HOUSE  Not more than 250 members
 Composed of 24 Senators – 6-year term  Elected from districts
 Shall serve for not more than 2 consecutive  Shall serve for 3 years but not
terms more than 3 consecutive terms
POWERS OF JUDICIARY:

 It interprets laws.
 It hears and settles disputes
 The Supreme Court is the HIGHEST COURT
 The Supreme Court is composedof the Chief Justice and 14 Associate Justices

DOCTRINE OF SEPARATION OF POWERS

The doctrine of separation enunciates the idea of grouping the powers of government into three classes
and of their apportionment among three coordinate departments, separate from and independent of
each other.

This doctrine is being carried out until this modern day that it is now incorporated in the constitutions of
many states. Among of them is the Philippines.

It operates to maintain the legislative powers to the legislative department, executive powers to the
executive department, and those which are judicial in character to the judiciary. Through this allocation
of powers, the person entrusted shall not be permitted to encroach upon the power confided to the
others, but that each shall, by the law of its creation, be limited to the exercise of the powers
appropriate to its own department and no other. There must be independence and equity of the several
departments.

In essence, the separation of powers means that the making of the laws belongs to Congress,
the execution of the laws is to the executive and the settlement of controversies rests in the Judiciary.
Each is prevented from invading the domain of the others. The purpose of the separation of powers is to
prevent concentration of authority in one department and thereby avoid tyranny.

The separation of powers however should not be interpreted as complete separation and absolute
exclusion. The doctrine carries that although the three branches are not subject to the control by either
of the others and each is supreme within its own sphere, they are still equal and coordinate. Equal
because they all derive their powers from the same common sovereign through the constitution. And
coordinate because they cannot simply ignore the acts done by other departments as nugatory and not
binding.

Purpose: the doctrine of separation of powers is intended to prevent concentration of authority in one
person or group of persons that might lead to an irreversible error or abuse in its exercise to the
detriment of our republican institutions.

RULE:

1. The legislature is generally limited to the enactment of laws and may not enforce or apply them.

2. The executive is limited to the enforcement of laws and may not enact and apply them.

3. The judiciary is limited to the interpretation and application of laws and may not enact or enforce
them.
BLENDING OF POWERS

With the intricateness of the operations of government, it is unwise and impracticable to effect a strict
and complete separation of powers. There are instances when certain powers are to be reposed in more
than one department so they may better collaborate with, and in the process check each other for the
sake of a good and efficient government. Thus, the necessity of blending of powers.

Blending of powers is actually sharing of powers of the different departments of government whereby
one department helps and coordinates with the other in the exercise of a particular power, function or
responsibility.

The following are examples under the 1987 Philippine Constitution where powers are not confined
exclusively within one department but are in fact shared:

1. The President and Congress help one another in the making of laws. Congres enacts the bill and
the President approves it.

2. The President prepares a budget and Congress enacts an appropriation bill pursuant to that
budget.

3. The President enters into a treaty with foreign countries and the Senate ratifies the same.

4. The Supreme Court may declare a treaty, international or executive agreement, or law, as
unconstitutional, and it has also the power to declare invalid any act done by the othe
departments of government.

5. The grant of amnesty by the President is subject to the concurrence of a majority of all the
members of the Congress.

CHECKS AND BALANCES

The ends of government are better achieved if the system of checks and balances will be observed.

Under the system of checks and balances, one department is given certain powers by which it may
definitely restrain the others from exceeding constitutional authority. It may object or resist any
encroachment upon its authority, or it may question, if necessary any act or acts which unlawfully
interferes with its sphere of jurisdiction and authority. (Suarez, 2005).

The following are illustrations where there are checks and balances:

- The executive branch can veto bills from the legislative, but
- The legislative can override the veto.
Executive Branch
1. The President is the commander-in-chief of the army and the navy, but only Congress can declare
war.
2. The President nominates judges.
3. The President can veto congressional legislation.

4. The President may nullify a conviction in a criminal case by pardoning the offender.

Legislative Branch
1. Congress approves presidential nominations.
2. Congress controls the budget.
3. Congress can pass laws over the president's veto.
4. Congress can impeach the president and remove him/her from office.
5. The Senate confirms the president's nominations (for judges, etc.).

Judicial Branch
1. The Court can declare laws unconstitutional.
2. The Court can declare presidential acts unconstitutional.

LOCAL GOVERNMENTS

The Local Government Code

 The Local Government Code of 1991 provides the overarching framework of local governance
in the Philippines

 Key principles:

o Local autonomy

o Decentralization

o Accountability

o Participative governance

Local autonomy is the exercise of certain basic powers, i.e. police power, power of eminent domain, and
taxing power, by local government units so as to best serve the interest and promote the general well
being of their inhabitants.

By express constitutional mandate, enjoyment of local autonomy by the territorial and political
subdivisions, i.e. all government units including the two autonomous regions (actually just one: ARMM),
is now a basic state policy.
Decentralization

-transfer of powers from central government tolower levels in a political-administrative & territorial
hierarchy.

- to allow for the participation of people & local government.

- to hand over political, financial & administrativeauthority from central to local governments, so that
thegovernment can facilitate & guarantee better public services for the people.

 Deconcentration

o Administrative in nature

o Transfer of function to regional/local institutions

 Devolution

o Political in nature