The Three Branches of

the Government
 WHY DO WE HAVE
THREE BRANCHES OF
GOVERNMENT IN THE
PHILIPPINES?
 The Legislative Branch
The Legislative branch is authorized to
make laws, alter, and repeal them
through the power vested in the
Philippine Congress. This institution is
divided into the upper chamber and the
lower chamber.
 The Legislative Branch
THE SENATE

A natural Born Citizen

at least thirty-five years
old; is able to read and
write
a registered voter; and
a resident of the Philippines for not less than
two years before election day.
 COMPOSITION OF CONGRESS
UPPER HOUSE - SENATE 24 MEMBERS
LOWER HOUSE - DISTRICT REPRESENTATIVES (80%) AND
PARTY-LIST REPRESENTATIVES (20%)
 T h e Legislative B r a n c h
DISTRICT REPRESENTATIVES

A natural-born citizen.
a registered voter in the district
in which you seek to be elected.
a resident therein for not less
than one
(1) year before the day of the
election. At least 25 years of age.
Qualification for Philippine Party-List Representative
1. natural born citizen of the Philippines
2. able to read and write
3. a registered voter
4. resident of the Philippines for a period not less than 1 year immediately
preceeding the ay of the election
5. bona fide member of the sector he seeks to represent (must belong to
their respective sectors, or must have a track record of advocacy for their
respective sectors)
6. on the day of the election is at least 25 years old BUT in case of youth
sectoral representative, at least 25 years and not more than 30 years old at
the day of the election
According to section 5. (1) The House of Representatives shall be composed
of not more than two hundred and fifty members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on the basis of a uniform and
progressive ratio, and those who, as provided by law, shall be elected through
a party-list system of registered national, regional, and sectoral parties or
organizations.

However, in the current 19th Congress of the Philippines, there are

already 316 members. Is this a violation of Section 5, Subsection 1 of
the Philippine Constitution?
 If there are 316 members in the house of representatives,

1. How many are members of thedistrict representatives?; and

2. How many are the members or seats of party-list groups?
 DELEGATA POTESTA NON POTEST DELAGARI
"No delegated powers can be further delegated"
Non-delegability of Power
The Congress cannot further delegate the power
delegated to it by the people. This is in keeping with the
principle of non-delegation of powers which is
applicable to all the three branches of the government. The
rule states that what has been delegated cannot further be
delegated – potestas delegata non delegari potest.
Non-Delegation of Powers - Exceptions
(a) Delegation to the people at large
(b) Delegation of emergency powers to the President
(c) Delegation of tariff powers to the President
(d) Delegation to administrative bodies
(e) Delegation to the local governments.
 T h e Executive B r a n c h

The Executive Branch of the Philippines is responsible for

implementing and enforcing laws and policies enacted by
the Legislative Branch. The head of the Executive Branch
is the President, who is elected by popular vote for a single
six-year term. The President is assisted by a Vice President
and a Cabinet composed of various department secretaries
and other officials.
 T h e Executive B r a n c h
The power of Executive
Branch Executive Power

Qualification of the President and the Vice-President

• Natural-born Filipino;
• a registered voter;
• must be able to read and write;
• 40 years of age on the day of the election; and.
•must have resided in the Philippines ten years
before the election is held.
 T h e E xecu tive
B ran ch
DOCTRINE OF ALTER EGO
The doctrine of qualified political agency essentially
postulates that the heads of the various executive departments are
the alter egos of the President, and, thus, the actions taken by such
heads in the performance of their official duties are deemed the
acts of the President unless the President himself should
disapprove such acts.
 T h e Ju d iciary
B ran ch
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 on the part of any branch or
instrumentality of the Government.
 T h e Ju d iciary
B ran ch
ARTICLE VIII. SECTION 1.
The judiciary composes of a Chief
Justice and the Fourteen
Associate Justices.
Qualification to be appointed in the supreme court
A natural-born citizen of the Philippines;
At least 40 years of age
have been for fifteen years or more a judge of a lower court or
engaged in the practice of law in the Philippines
Proven of competence, integrity, probity, and
independence
Doctrine of Hierarchy of Court

The Doctrine of Hierarchy of Courts is a legal principle that

establishes the authority and jurisdiction of courts in a
hierarchical order. This means that courts are arranged in a certain
order of power and authority, and each court has jurisdiction over
a specific range of cases.

In the Philippines, the hierarchy of courts is as follows:

 SUPREME COURT

COURT OF APPEALS
SANDIGANBAYAN COURT OF TAX APPEAL

REGULAR TRIAL COURT MUSLIM COURT

REGIONAL TRIAL COURT SHARIA DISTRICT COURT

MTC METC MTCC MCTC SHARIA CIRCUIT COURT

 PRINCIPLES IN THE THREE BRANCHES
OF THE GOVERNMENT
Principle of Separation of Powers
The principle of separation of powers refers to the division of powers among the three branches of
government, namely the executive, legislative, and judicial branches. Each branch has its own distinct powers and
responsibilities that are independent of the other branches.

Systems of Checks and Balances

The systems of checks and balances is a mechanism to ensure that each branch of government exercises
its powers within constitutional limits and prevents the abuse of power by any one branch. Each branch of
government is given specific powers that allow it to check and balance the powers of the other branches.

Principle of Blending Powers

The principle of blending powers, also known as the fusion of powers, is a system in which the functions
of the three branches of government are mixed or combined. In this system, the executive and legislative branches
are fused together, as is the case in the parliamentary system of government.
QUESTION:
Mr. Julius Anorez, a charismatic 23-year-old
basketball player from Johnston Street University,
wanted to run and become one of the members of
the Philippine senate. Assuming that all the other
remaining qualifications are met, would he be
qualified to run for senate in the 2028 Philippine
election?