Lesson 3: THE THREE

BRANCHES OF THE
PHILIPPINE
GOVERNMENT

Philippine Politics, Governance, and Citizenship

GEED 20023 Concepcion R. Sumadsad, DPA
Executive Branch
President of the Philippines
 Article VII, Section 1, of the 1987 Constitution vests executive power on the
President of the Philippines.
 The President is the Head of State and Head of Government, and functions
as the commander-in-chief of the Armed Forces of the Philippines. As
chief executive, the President exercises control over all the executive
departments, bureaus, and offices.
 is elected by direct vote by the people for a term of six years, for only one
term , and is ineligible for reelection.
 term starts at noon of the 30th day of June after the election.
 Article VII, Section 2:
Qualifications of Aspiring Philippine President
 natural born Filipino;
 a registered voter;
 must be able to read and write;
 40 years of age at the day of the election; and
 must have resided in the Philippines ten years before the
election is held.
 Powers of the President
1. Power of control over the executive branch
The President has the mandate of control over all the executive
departments, bureaus, and offices. This includes restructuring,
reconfiguring, and appointments of their respective officials.
2. Ordinance power
The President of the Philippines has the power to give executive
issuances, which are means to streamline the policy and programs of an
administration. There are six issuances that the President may issue.
 Issuances according to
Administrative Code of 1987
 Executive orders — Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders.
 Administrative orders — Acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as the administrative head shall be
promulgated in administrative orders.
 Proclamations — Acts of the President fixing a date or declaring a status or condition of
public moment or interest, upon the existence of which the operation of a specific law or
regulation is made to depend, shall be promulgated in proclamations which shall have
the force of an executive order.
 Issuances according to
Administrative Code of 1987
 Memorandum orders— Acts of the President on matters of administrative detail, or of
subordinate or temporary interest which only concern a particular officer or government
office shall be embodied in memorandum orders.
 Memorandum circulars— Acts of the President on matters relating to internal
administration, which the President desires to bring to the attention of all or some of the
departments, agencies, bureaus, or offices of the government, for information or
compliance, shall be embodied in memorandum circulars.
 General or special orders— Acts and commands of the President in his capacity as
commander-in-chief of the Armed Forces of the Philippines shall be issued as general or
special orders.
 Powers of the President
3. Power over aliens
The powers the President may exercise over foreigners in the country are as follows:
 may have an alien in the Philippines deported from the country after due process.
 may change the status of a foreigner, as prescribed by law, from a non-immigrant status to a
permanent resident status without necessity of visa.
 may choose to overrule the Board of Commissioners of the Bureau of Immigration before their
decision becomes final and executory (after 30 days of the issuance of the decision). The
Board of Commissioners of the Bureau of Immigration has jurisdiction over all deportation
cases.
 to exercise powers as recognized by the generally accepted principles of international law.
 Powers of the President
4. Powers of eminent domain, escheat, land reservation and recovery of ill-
gotten wealth
 has the authority to exercise the power of eminent domain. The power of eminent
domains means the state has the power to seize or authorize the seizure of private
property for public use with just compensation.
 There are two constitutional provisions, however, that limit the exercise of such
power: Article III, Section 9 (1) of the Constitution provides that no person shall
be deprived of his/her life, liberty, or property without due process of law.
Furthermore, Article III, Section 9 (2), provides that private property shall not be
taken for public use without just compensation.
 The President may exercise the
following powers:
 Power of eminent domain Power to direct escheat or reversion proceedings — The President shall
direct the solicitor general to institute escheat or reversion proceedings over all lands transferred or
assigned to people disqualified under the constitution to acquire land.
 Power to reserve lands of the public and private domain of the government —
 (1) The power to reserve for settlement or public use, and for specific public purposes, any of the lands of the
public domain, the use of which is not otherwise directed by law. The reserved land shall thereafter remain
subject to the specific public purpose indicated until otherwise provided by law or proclamation.
 (2) He shall also have the power to reserve from sale or other disposition and for specific public uses or
purposes, any land belonging to the private domain of the government, or any of the friar lands, the use of
which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified by
such proclamation until otherwise provided by law.
 Power over ill-gotten wealth
 The President may exercise the
following powers:
5. Power of Appointment
- may appoint officials of the Philippine government as provided by the
constitution and laws of the Philippines. Some of these appointments, however, may
need the approval of the Committee on Appointments (a committee composed of
members from the House of Representatives and the Senate of the Philippines).
6. Power of general supervision over local governments
- has the mandate to supervise local governments in the Philippines, despite
their autonomous status as provided by Republic Act No. 7160 otherwise known as
the Local Government Code of 1991.
7. Other powers
 Line of Succession of Presidency
1. Vice President — in cases of the death, disability, or resignation of the
President
2. Senate President — in cases of the death, disability, or resignation of the
President and Vice President
3. Speaker of the House of Representatives — in cases of the death, disability,
or resignation of the President, Vice President, and Senate President
Contrary to popular belief, the constitution doesn’t include the Chief
Justice of the Supreme Court in the President’s line of succession.
 Vice President of the Philippines
 is elected by direct vote by the people for a term of six years, and may run for reelection
once.
 Term starts at noon of the 30th day of June after a regular election is held.
 The qualifications for is outlined in Article VII, Section 3. The qualifications for the
President is the same for the Vice President. Also, the vice president may take on a cabinet
portfolio in concurrent capacity, if the President chooses.
 Duties of the Vice President
 may concurrently assume a cabinet position should the President of the
Philippines offer the former one. The vice president will become a
secretary concurrent to the position of vice president.
 is mandated to assume the presidency in case of the death, disability, or
resignation of the incumbent President
 Should there be a vacancy, the President is required by the constitution to
nominate a replacement with the concurrence of Committee on
Appointments.
 Cabinet Secretaries
 The alter ego of the President executing, with his authority, the
power of the Office of the President in their respective departments.
 The number of cabinet secretaries varies from time to time
depending on the need of an administration.
 According to the Administrative Code of 1987, the President may
create or dissolve any department as he sees fit.
 Cabinet Secretaries
 According to the Article 7, Section 16, the President may appoint
anyone to executive departments with the consent of the Commission
on Appointments.
 An individual may not assume his post in a given department unless
confirmed by the Commission.
 President may appoint anyone to cabinet posts even if Congress is in
recess.
 however, not all is subject to confirmation of the Commission on
Appointments.
 Powers of a Cabinet Secretary
 they possess the power to issue directives relative to their
departments, such as department orders. However, these orders only
apply to offices under a specific department under the cabinet
secretary’s jurisdiction.
 act as advisors to the President of the Philippines for their areas.
 Local Governments
 The executive branch extends beyond the national government.
 Article X, Section 4 of the constitution, the President of the Philippines is
mandated to supervise local governments all over the country.
 However, because of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, local governments enjoy relative autonomy from
the national government.
Legislative Branch
 Legislative Branch
 According to the 1987 Constitution, legislative power shall be vested in the
Congress of the Philippines, which shall consist of a Senate and a House of
Representatives.
 Senate shall be composed of twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines, as may be provided by law;
the House of Representatives shall be composed of not more than 250
(unless otherwise fixed by law), 20 percent of whom must be Party-list
representatives.
 The qualifications to become a senator, as stipulated in the constitution,
are:
 a natural-born citizen of the Philippines;
 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.
Meanwhile, the constitution provides for the following criteria to become
a member of the House of Representatives:
 a natural-born citizen of the Philippines;
 at least twenty-five years old;
 is able to read and write; and
 except the party-list representatives, a registered voter and a resident for at least one year in the
district where s/he shall be elected.
 Legislative Process
The Congress is responsible for making enabling laws
to make sure the spirit of the constitution is upheld in the country
and, at times, amend or change the constitution itself. In order to
craft laws, the legislative body comes out with two main
documents: bills and resolutions.
Resolutions
- convey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different
elements:
 Joint resolutions — require the approval of both chambers of Congress and the signature of
the President, and have the force and effect of a law if approved.
 Concurrent resolutions — used for matters affecting the operations of both chambers of
Congress and must be approved in the same form by both houses, but are not transmitted to
the President for his signature and therefore have no force and effect of a law.
 Simple resolutions — deal with matters entirely within the prerogative of one chamber of
Congress, are not referred to the President for his signature, and therefore have no force and
effect of a law.
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 House of Representatives may overturn a
presidential veto by garnering a 2/3rds vote. If the President does not act on a
proposed law submitted by Congress, it will lapse into law after 30 days of
receipt.
 Here are the various steps in the passage of a bill as published in
ph.net:

1. First Reading - Any member of either house may present a proposed bill,
signed by him, for First Reading and reference to the proper committee.
During the First Reading, the principal author of the bill may propose the
inclusion of additional authors thereof.
2. Referral to Appropriate Committee - Immediately after the First Reading,
the bill is referred to the proper committee or committees for study and
consideration. If disapproved in the committee, the bill dies a natural death
unless the House decides otherwise, following the submission of the report.
3. Second Reading - If the committee reports the bill favorably, the bills is
forwarded to the Committee on Rules so that it may be calendared for
deliberation on Second Reading. At this stage, the bill is read for the second
time in its entirely, together with the amendments, if any, proposed by the
committee, unless the reading is dispensed with by a majority vote of the House.
4. Debates - A general debate is then opened after the Second Reading and
amendments may be proposed by any member of Congress. The insertion of
changes or amendments shall be done in accordance with the rules of either
House. The House may either "kill" or pass the bill.
5. Printing and Distribution - After approval of the bill on Second Reading, the
bills is then ordered printed in its final form and copies of it are distributed among
the members of the House three days before its passage, except when the bill was
certified by the President. A bill approved on Second Reading shall be included in
the calendar of bills for Third Reading.
6. Third Reading - At this stage, only the title of the bill is read. Upon the last
reading of a bill, no amendment thereto is allowed and the vote thereon is taken
immediately thereafter, and yeas and nays entered in the journal. A member may
abstain. As a rule, a majority of the members constituting a quorum is sufficient to
pass a bill.
7. Referral to the Other House - If approved, the bill is then referred to the
other House where substantially the same procedure takes place.
8. Submission to Joint Bicameral Committee - Differences, if any, between
the House's bill and the Senate's amended version, and vice versa are
submitted to a conference committee of members of both Houses for
compromise. If either House accepts the changes made by the other, no
compromise is necessary.
9. Submission to the President - A bill approved on Third Reading by both Houses
shall be printed and forthwith transmitted to the President for his action - approval or
disapproval. If the President does not communicate his veto of any bill to the House
where it originated within 30 days from receipt thereof, it shall become a law as if he
signed it. Bill repassed by Congress over the veto of the President automatically
becomes a law.
Except in cases of treason, breaches of the peace, or felony, the members
of both chambers of Congress are exempt from arrest during their attendance at the
sessions and in going to and returning from the same. They may not be questioned in any
other place for any speech they deliver in the hall of Congress.
Judiciary Branch
 Judicial Power
 rests with the Supreme Court and the lower courts, as established by
law.
 Its duty is to settle actual controversies involving rights which are
legally demandable and enforceable.
 The judiciary enjoys fiscal autonomy. It is intended as a guarantee
of separation of powers and of independence from political agencies
which means it is free from external controls.
 Appointments to the Judiciary
 By virtue of Article VIII, Section 8, appointments to the judiciary are
made by the President of the Philippines based on a list submitted by the
Judicial and Bar Council which is under the supervision of the Supreme
Court. Its principal function is to screen prospective appointees to any
judicial post. It is composed of the chief justice as ex-officio chairman,
the Secretary of Justice and representatives of Congress as ex-officio
members, and a representative of the Integrated Bar, a professor of law, a
retired member of the Supreme Court and a representative of the private
sector as members.
 The Supreme Court
 is composed of a Chief Justice and 14 associate justices who serve
until the age of 70.
 may sit en banc or in one of its three divisions composed of five
members each.
 The chief justice and associate justices are appointed by the
President of the Philippines, chosen from a shortlist submitted by
the Judicial and Bar Council. The president must fill up a vacancy
within 90 days of occurrence.
 Supreme Court Powers
 Exercise jurisdiction over cases affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
 Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or
the Rules of Court may provide, final judgments and orders of the lower courts
in:
 All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question;
 Supreme Court Powers
 All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto;
 All cases in which the jurisdiction of any lower court is in issue;
 All criminal cases in which the penalty imposed is reclusion perpetua or
higher;
 All cases in which only an error or question of law is involved;
 Assign temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignments shall not exceed six months
without the consent of the judge concerned.
 Supreme Court Powers
 Order a change of venue or place of trial to avoid a miscarriage of justice.
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.
Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts the same grade, and shall
not diminish, increase or modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
 Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.
 Each of the branches of the government has its
own role to portray. They are function on different roles
yet working side by side with each other. Find out why
and how government prohibits each branch from
overlapping each other’s role.
Watch the video “WOTD| Doctrine of Separation of
Power” by News5Everywhere on
https://youtu.be/wTMlnH9mBi8
End of the Lesson