DIFFERENT BRANCHES

OF THE PHILIPPINE
GOVERNMENT
The structure of the Philippine government is
divided into three branches:

• the Legislative Department (Article 6);

• the Executive Department (Article 7); and
• the Judicial Department (Article 8).
THE PRINCIPLE OF SEPARATION OF POWERS
The powers of the government, by virtue
of this principle are divided into three (3)
distinct classes: the legislative, the
executive and the judicial. They are
distributed, respectively among the
legislative, executive, and judicial
branches or departments of the
government.
THE PRINCIPLE OF SEPARATION OF POWERS
Under the principle of co-equal and
coordinate powers among the three (3)
branches, the officers entrusted with
each of these powers are not permitted
to encroach upon the powers confided to
the others.
THE PRINCIPLE OF SEPARATION OF POWERS
If one department goes beyond the limits
set by the Constitution, its acts are null
and void. The adoption of this principle
was motivated by the belief that arbitrary
rule would result if the same person or
body were to exercise all the powers of
the government.
The Meaning of Executive Power
The executive power is vested in the
President of the Philippines

Section 1, Article VII of the 1987 Constitution

“The executive power shall be vested
in the President of the Philippines”
VISION STATEMENT
The Office of the President shall be the
embodiment of the Filipino people’s highest
aspiration for a government, one that promotes
and sustains an environment of peace and
security, inclusive growth, public accountability,
genuine compassion and meaningful change
towards a just social order.
MISSION STATEMENT
The Office of the President shall be fully
responsive to the specific needs and
requirements of the President as Head of
State and Government, Chief Executive and
Commander in Chief.
CORE VALUES
LOVE AND SERVICE FOR THE COUNTRY
• Sincerity
• Excellence
• Respect/Responsiveness/Resourcefulness
• Vigilance/Virtue
• Integrity/Innovation
• Competence/Compassion
• Efficiency/Expertise
The Meaning of Executive Power
Section 17 of the same Article of the
Constitution also provides that the
President shall ensure that the laws shall
be implemented
The Powers of the President
1. Control Power - the power of control
over all executive departments, bureaus
and offices
2. Appointment Power – appoint cabinet
members and other bureau chiefs
3. Military Power - The powers under the
commander-in-chief clause
The Powers of the President
4. Executive Clemency Power - The
power to grant reprieves,
commutations, and pardons
5. The power to grant amnesty with the
concurrence of Congress
6. The power to contract or guarantee
foreign loans
The Powers of the President
7. Diplomatic Power - The power to
enter into treaties or international
agreements
8. Budgetary Power - The power to
submit the budget to Congress
9. The power to address Congress
Other Powers the President May Exercise
1. Call the Congress to a special session
2. Approve or veto bills
3. Consent to deputation of government
personnel by the Commission on election
4. Discipline such deputies
5. Emergency powers delegated by the
Congress
The President
Official Title: President of the Philippines
Honorific Title : “Your Excellency” or
“His/Her Excellency”
~
Official Residence: Malacanan Palace
Assumption of Office: June 30 (after election)
Term of Office: 6 years
Compensation: P399,739 / month (2019)
Removal from Office
• Culpable violation of the Constitution
• Treason
• Bribery
• Graft and Corruption
• Betrayal of public trust
• Other High Crimes
Succession of Office
• President
• Vice-President
• Senate President
• Speaker of the House of the Representation

If the Office of the President and Vice President is

vacant at the same time, the Congress will pass a
law calling for a Special Election.
The Legislative
The legislative power shall be vested in
the Congress of the Philippines, which
shall consist of a Senate and
House of Representatives.

Article VI, Section 1

House of Senate
•24 Senators
•Serves Senate for 6 years
•elected every six (6) years
•Limited to two (2) consecutive terms
Qualification of Senators
•Must be a natural born Filipino citizen
•At least 35 years old on the day of Election
•Able to read and Write
•A registered voter
•Resident of the Philippines for not less than
two years, immediately preceding the
election
House of Representatives
•250 members
• Elected from legislative district and
through a party-list system
•200 from legislative district and
50 from party-list
•Elected every 3 years
•Limited to 3 consecutive terms
Qualification of Representatives
•Must be a natural born Filipino citizen
•At least 25 years old on the day of Election
•Able to read and Write
•A registered voter in the district for which
he shall be elected, except for the party-list
•Resident of the place for not less than one
years, immediately preceding the election
Common Provisions for Members of Congress

•Parliamentary Immunity
• A Senator or any members of the House of
Representatives enjoys freedom of arrest
while Congress in session to enable him/her to
perform his work adequately.
Common Provisions for Members of Congress

•Common Obligations
• All members of the Senate and House of
Representatives, upon assumption into office
are required to make a full disclosure of their
assets and liabilities.
Common Provisions for Members of Congress

•Common Prohibitions and Disabilities

• No Senator or member of the House of
Representatives may hold any office or
employment in the Government, or any
subdivision, agency, or instrumentality
thereof, including government-owned or
controlled corporations or their subsidiaries,
during his term, without giving up his seat in
Congress
Common Provisions for Members of Congress

•Sessions
• Congress will convene one every year on the
fourth Monday of July for its regular session,
unless a different date is fixed by law, and shall
continue in session for such number of days as
it may determine until 30 days before the
opening of its next regular session.
Common Provisions for Members of Congress

•Officers
• Both Chambers of Congress elect its officers
by a majority vote of all its respective
members.
•Quorum
• A majority of each House constitute a quorum
to do a business
Common Provisions for Members of Congress

•Rules
• Each chamber of Philippine Congress
determines the rules of its proceedings,
discipline members for disorderly behavior,
and with concurrence of two-thirds of its
members suspend or expel a member.
Common Provisions for Members of Congress

•House Journal and Records

• Each chamber of Congress is required to keep
and publish a journal of its proceedings.
•Adjournment
• Senate nor the House of Representatives during
the sessions of Congress shall without consent of
the other, adjourn for more than three days, nor to
any other place that that in which the two
chambers are sitting.
Powers of Congress
• General Legislative Power
• The primary duty of Congress is to legislate.
• Power of Appropriation
• The legislative department holds the so-called
“power of the purse.” this is pursuant to the
constitutional mandate that “no money shall be
paid out of the Treasury except in pursuance of an
appropriation made by law.”
Powers of Congress
• Power of Taxation
• the Congress, subject to certain limitations, may
impose or increase taxes on a particular taxable
item or transaction in order to increase government
revenues.
Powers of Congress
• Power of Impeachment
• For culpable violation of Constitution, treason,
bribery, graft and corruption, other high crimes, or
betrayal of public trust, the following public officers
may be removed from the office by impeachment:
(1) President; (2) Vice President (3) Members of the
Supreme Court; (4) Members of the Constitutional
Commissions; and (5) Ombudsman
How a Bill Becomes a Law
• Introduction of the Bill
• First Reading
• Committee Referral and Action
• Second Reading
• Third Reading
• Conference Committee
• Presidential Action
How a Law is Approved
• Expressed Approval
• Signed
• Approval Through Inaction
• Fails to sign after 30 days from receipt
• Overriding the Presidential Veto by Congress
• Two-thirds of all members of the Senate and House
of Representatives
LAWS – Do we need them?
Law – rules or conduct or action prescribed or
formally recognized as binding or enforced by a
controlling authority.
KINDS OF LAWS
As to Nature
• Substantive Law – provides for the right and
duties of persons in relation to other persons as
well as to the state, and includes the offense for
which individuals who are alleged of having
committed them can be persecuted.
KINDS OF LAWS
As to Nature
• Procedural – also known as adjective or
remedial law, constitutes the set of rules
governing the proceedings in court.
KINDS OF LAWS
As to Scope
• General – one which embraces a class of
subjects or place and does not omit any subject
or place naturally belonging to such class.
• Special – one that relates to particular persons
or things of a class.
The Judiciary
Judicial power shall be vested in one
Supreme Court and in such lower
courts as may be established by law.

Article VIII, Section 1

The Present Supreme Court of the Philippines
Composition:
• 1 Chief Justice
• 14 Associate Justices

Term of Office:
• Until they reach 70 years old or become
incapacitated
The Present Supreme Court of the Philippines
Prohibition:
• They shall not be designated to any agency
performing quasi-judicial or administrative
functions.
The Present Supreme Court of the Philippines
Filling up of Vacancy:
• The President fills up the vacancy by appointing
one from a list of at least three nominees
prepared by the Judicial and Bar Council within
three (3) months or 90 days of occurrence.
The Present Supreme Court of the Philippines
Cases:
• The Supreme Court sits either en banc or in
divisions of 3, 5 or 7 members.

Functions:
• 2 categories: Administrative, and Judicial
Powers of the Supreme Court
• Exercise jurisdiction over cases affecting
ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibitions,
mandamus, quo warranto, and habeas corpus
• Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or Rules of Court
may provide final judgments and orders of lower
court
Powers of the Supreme Court
• Assign temporary cases judges of lower court to
other stations as public interest may require.
Such temporary assignment shall not exceed six
months without the consent of the judge
concerned
• Order change of venue or place of trial to avoid a
miscarriage of justice
Powers of the Supreme Court
• Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the
admission to the practice of law, the Integrated
Bar, and legal assistance to the underprivileged.
• Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
The Philippine Judicial System
MUNICIPAL TRIAL COURT
• Covers only one municipality

MUNICIPAL CIRCUIT TRIAL COURT

• Covers two or more municipalities
The Philippine Judicial System
METROPOLITAN TRIAL COURTS
• Municipal Trial Courts situated within the
Metropolitan Area.

MUNICIPAL TRIAL COURTS IN CITIES

• Municipal Trial Courts outside of Metropolitan
Manila
The Philippine Judicial System
REGIONAL TRIAL COURTS
• Second level courts
• Divided in to 13 judicial regions
• This courts exercise appellate jurisdiction over
the first level courts in the country.
The Philippine Judicial System
SHARI’A COURTS
• Muslim Court
• Equivalent to Regional Trial Court in rank
• All cases involving custody
The Philippine Judicial System
COURT OF TAX APPEALS
• Special court vested with exclusive appellate
jurisdiction over appeals from the decisions of
the Commissioner of Internal Revenue and the
Commissioner of Customs on certain specific
issues
• Composed of Presiding Judge and two Associate
Justices
The Philippine Judicial System
SANDIGANBAYAN
• Special court which is composed of Presiding
Justice and eight Associate Justices
• Has exclussive jurisdiction over violations of the
Anti-Graft and Corrupt Practices Act, the
Unexplained Wealth Act and other crimes of
felonies committed by public officials and
employees in relation to their office, including
those in government owned and controlled
corporations.
The Philippine Judicial System
COURT OF APPEALS
• Composed of one Presiding Justice and 68
Associate Justices
• With jurisdiction over appeals from the decisions
of the Regional Trial Courts and certain quasi-
judicial agencies, boards or commissions
The Philippine Judicial System
SUPREME COURT
• The highest court in the country and the only
one established by the Constitution.
• The court of last resort as it is the final arbiter in
any and all judicial issues
The Philippine Judicial System
QUASI-COURTS OR QUASI-JUDICIAL AGENCIES
• Administrative agencies more properly under
the jurisdiction of the Executive Department, but
are empowered by the fundamental charter or
statutes to hear and decide certain categories of
cases.
The Philippine Judicial System
KATARUNGANG PAMBARANGAY
• A system to amicably settle disputes at the
barangay level
• Aims to promote the speedy disposition and
administration of justice by easing the
congestion of court dockets