LEYTE NORMAL UNIVERSITY | Fundamentals of Political Science

POLSCI 101 | 1ST SEMESTER | A.Y. 2021-2022 |

Module 5
Module 5 deals with the three branches of the Philippine government, that is, the executive department,
legislative department, and the judicial department. This discusses the composition, qualifications, term and
functions of each government branch. Similarly, the principle of checks and balances and the law-making
process are discussed.

Learning Outcomes Key Terms

1. Discuss the composition, term, President executive

qualifications and functions of the Vice-President legislative
executive, legislative and judicial
Senator representative
branches of the Philippine government;
Upper House Lower House
2. Explain the principle of checks and
Supreme Court Chief Justice
balances; and
bill law
3. Explain the law-making process
judiciary checks

Senate court
 On the Spotlight: Lesson 1

Article VII Executive Department

• Composition
Executive power shall be vested in the President of the Philippines. The President is
both the head of government and the head of state.

• Qualifications
The following are the basic or minimum qualifications of the President:
1. He is a natural-born citizen of the Philippines;
2. He is a registered voter;
3. He is able to read and write;
4. He is at least forty years of age on the day of the election for President; and
5. He is a resident of the Philippines for at least ten years immediately preceding
such election.

The Vice-President must have the same qualifications as the President.

• Term
The President and the Vice-President shall be elected by direct vote of the people for a
term of six years. The President, however, shall not be eligible for re-election.
Moreover, no person who has succeeded as President and has served as such for more
than four years shall be qualified for election to the same office. As for the Vice-
President, no VP shall serve for more than two consecutive terms.

• Functions
▪ The President shall have the power to make appointments with the consent of
the Commission on Appointments.
▪ The President shall have control of all the executive departments, bureaus and
offices.
▪ The President shall be the Commander-in-Chief of all armed forces of the
Philippines.
▪ The President may grant reprieves1, commutations2, pardons3, and remit
fines and forfeitures4, after conviction by final judgment. He shall also have

1
Reprieve is the postponement of the execution of a death sentence to a certain date.
2
Commutation is the reduction of the sentence imposed to a lesser punishment, as from death to life imprisonment.
3
Pardon has been defined as an act of grace proceeding from the power entrusted with the execution of laws which
exempts the individual on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.
4
Remission prevents the collection of fines or the confiscation of forfeited property.
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the power to grant amnesty5, with the concurrence of a majority of all the
members of the Congress.
▪ The President may contract or guarantee foreign loans in behalf of the Republic
of the Philippines with prior concurrence of the Monetary Board, and subject to
such limitations as may be provided by law.
▪ The President shall submit to the Congress within thirty days from the opening of
every regular session as the basis of the general appropriations bill a budget of
expenditure and sources of financing including receipts from existing and
proposed revenue measures.

On the Spotlight: Lesson 2

Article VI Legislative Department

• Composition
The legislative power shall be vested in the Congress of the Philippines which shall
consist of s Senate and a House of Representatives. The Senate serves as the Upper
House while the House of Representatives serves as the Lower House.

The Senate shall be composed of twenty-four Senators who are elected through
popular vote.
The House of Representatives, on the other hand, shall be composed of not more than
250 members, unless otherwise fixed by law.

• Qualifications
A Senator must be:
a) A natural-born citizen of the Philippines;
b) At least 35 years of age on the day of the election;
c) Able to read and write;
d) A registered voter;
e) A resident of the Philippines for not less than two years immediately preceding
the day of the election.

A representative must be:

a) A natural-born citizen of the Philippines;

b) At least 25 years of age on the day of the election;

5
Amnesty is an act of the sovereign power granting oblivion or a general pardon for a past offense usually granted
in favor of certain certain classes of persons who have committed crimes of political character, e.g. treason, sedition,
or rebellion.
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c) Able to read and write;

d) Except for a party-list representative, a registered voter in the district in which
he shall be elected;
e) A resident thereof for a period of not less than one year preceding the day of
the election.

• Term
The term of office of Senators shall be six years. No Senator shall serve for more than
two consecutive terms.

The members of the House of Representatives shall be elected for a term of three
years. No member of the House of Representatives shall serve for more than three
consecutive terms.

• Functions
▪ Congress is responsible for enacting laws. 6
▪ The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election
returns and qualifications of their respective Members.
▪ There shall be a Commission on Appointments consisting of the President of the
Senate, twelve Senators and twelve Members of the House of Representatives.
The Commission shall act on all appointments submitted to it within thirty
session days of the Congress from their submission.
▪ The Senate or the House of Representatives has the power of legislative inquiry
and investigation.
▪ Congress is enjoined by the Constitution to preserve and open its records and
books of accounts to the public.
▪ The Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the
existence of a state of war.
▪ Taxation
▪ Appropriation

On the Spotlight: Lesson 3

Article VIII Judicial Department

• Composition
The judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law.

6
Bills are laws in the making. They pass into law when they are approved by both houses and the President of the
Philippines. A bill may be vetoed by the President, but the vetoed law may be overrun by a vote of two-thirds of all
members of both Houses.
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The Supreme Court shall be composed of a Chief Justice and 14 Associate Justices.

• Qualifications
The qualifications for a member of the Supreme Court are:
a) He must be a natural-born citizen of the Philippines. Therefore, a naturalized
citizen may not be appointed.
b) He must be at least 40 years of age
c) He must have, for 15 years or more, been a judge of a lower court or engaged in
the practice of law in the Philippines.
d) He must be a person of proven competence, integrity, probity, and independence.

• Tenure of Office
The members of Supreme Court and judges of lower courts shall hold office during good
behavior until they reach the age of seventy years or become incapacitated to discharge
the duties of their offices.

• Functions
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction in the part of any branch or instrumentality of the government.

On the Spotlight: Lesson 4

The Principle of Checks and Balances

Under the Constitution, there is no absolute separation among the three principal organs of
government. Constitutional provisions authorize a considerable amount of encroachment or
checking by one department in the affairs of the others. The system of checks and balances
is also observed along with the doctrine of separation of powers to make the presidential
system workable.

The three co-equal departments are established by the Constitution with such blending of
powers without sacrificing altogether the system of checks and balances. To maintain this
balance or to restore it if upset, each department is given certain powers with which to check
the others. Thus:
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1. Checks by the President- The President may veto or disapprove bills enacted by
Congress, and through the pardoning power, he may modify or set aside the
judgments of courts.
2. Checks by the Congress- On the other hand, Congress may override the veto of the
President; reject certain appointments of the President; revoke the proclamation of
martial law or suspension of the privilege of the writ of habeas corpus7 by the
President; and amend or revoke decisions of the courts (by the enactment of a new
law or by an amendment of the old, giving it such meaning and interpretation as to
wipe out the effect of such decisions).
It has likewise the power to define , prescribe, and apportion the jurisdiction of the
various courts; prescribe the qualifications of judges of lower courts; determine the
salaries of the President and Vice-President, the members of the Supreme Court and
judges of lower courts; and impeach the President and members of the Supreme
Court.
3. Checks by the judiciary- The judiciary, in turn, with the Supreme Court as the final
arbiter may declare legislative measures or executive acts unconstitutional and
“determine whether or not there has been grave abuse of discretion amounting to lack
or excess of jurisdiction on the part” of Congress or the President.

7
This is a court order demanding that a public official deliver an imprisoned individual to the court and show a valid
reason for that person’s detention.
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On the Spotlight: Lesson 5

The Law-Making Process

1. Proposals and suggestions are taken from the President, government agencies,
private individuals, interest groups, and legislators themselves.
2. The author(s) then writes the bill and sign it before being filed with the Secretary
General.
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The bill then goes through three readings.

1. The first reading consists of reading the title and author(s) and its referral to the
appropriate committee(s). The committee then studies the bill and either
submits it to the Committee on Rules or is laid on the table.
2. The second reading comes after the bill has been included in the Calendar of
Business by the Committee on Rules. This is when sponsorships, debates, and
amendments take place. A vote is taken after all the debates and amendments,
after which the bill is either archived or goes through a third reading.
3. The third reading happens when the bill goes through a final check and vote via
roll call. If it’s approved, it is then sent to the other house, where it goes through
the same procedures. If not, it gets archived.
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4. After going through three readings from both houses, the conference committee of
both houses ratifies the bill and submits it to the President for signing. If, however,
there are conflicts in the provisions proposed by both Houses, a Bicameral
Conference Committee is called upon to reconcile them.
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Once received by the Office of the President, the bill can take one of three routes:

1. Approved. Once it is approved by the President, it becomes a Republic Act and

takes effect 15 days after publication in the Official Gazette or at least two
national newspapers of general circulation;
2. Vetoed. The bill is returned to the originating house with an explanation on why
it was vetoed. The house can either accept the veto or override it with a 2/3
(majority) vote, after which it is essentially approved, and takes effect 15 days
after being publicized.
3. Lapsed into law. A bill is said to have lapsed into law if the President fails to act
on it within 30 days after receiving the bill. It takes effect 15 days after being
publicized.
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Let’s Apply!

I. Directions: Give your thoughts about the questions/ statements below.

Answer in less than 150 words.

1. What is the current political situation of the three branches government of the
Philippines?

2. In a nutshell, why is the concept of check and balances important?

3. What's the composition of the Philippine Senate? What composes The Senate
Proper and The Secretariat?
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References

1987 Philippine Constitution