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Structures and Powers
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.

      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. 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.
PRINCIPLE OF CHECKS AND BALANCES
        The three co-equal departments are established by the
  constitution in as balanced positions as possible. To maintain
  this balance or to restore it if upset, each department is given
  certain powers with which to check the others.
 Checks by the President             Checks by the Congress                Checks by the Judiciary
 -   may veto or disapprove bills    -   Congress may override the -           the Supreme Court as the final
     enacted by the Congress (Sec.       veto of the President (Sec.           arbiter may declare legislative
     27:1)                               27:1)                                 measures or executive acts
 -   through pardoning power, he     -   Reject certain appointments of        unconstitutional (Art. VIII, Sec
     may modify or set aside the         the President (Art. VII, Sec. 16)     4:2)
     judgments of courts (Art.       -   Revoke the proclamation of -          determine whether or not
     VII, Sec 19)                        martial law or suspension of          there has been a grave abuse
                                         the writ of habeas corpus by          of discretion amounting to
                                         the President (Art. VII, Section      lack or excess of jurisdiction
                                         18)                                   on the part of the Congress or
                                     -   Amend or revoke the decision          President (Art. VIII, Sec. 2:2)
                                         of the Court by the enactment
                                         of a new law or by an
                                         amendment of the old
                                     -   The power to impeach the
                                         President and the members of
                                         the Supreme Court.
QUALIFICATIONS OF THE OFFICIALS OF THE NATIONAL
GOVERNMENT
PRESIDENT AND VICE-PRESIDENT                  CONGRESS                                          SUPREME COURT

-   natural-born citizen of the Philippines   SENATORS                                          -   he must be a natural-born citizen of
-   a registered voter                        -     a natural born citizens of the                  the Philippines
-   able to read and write                          Philippines                                 -   he must be at least forty (40) years of
-   at least forty (40) years of age on the   -     at least 35 years of age on the day of          age
    day of the election                             the election                                -   he must have, for fifteen (15) years or
-   a resident of the Philippines for at      -     able to read and write                          more, been a judge of a lower court or
    least ten (10) years immediately          -     a registered voter                              engaged in the practice of law in the
    preceding the election.                   -     a resident of the Philippines for not           Philippines
                                                    less than two (2) years immediately         -   he must be a person of proven
                                                    preceding the day of the election               competence, integrity, probity and
                                              HOUSE OF REPRESENTATIVES                              independence.
                                              -     a natural-born citizen of the
                                                    Philippines
                                              -     at least 25 years of age on the day of
                                                    the election
                                              -     able to read and write
                                              -     except for a party-list representative, a
                                                    registered voter in the district in which
                                                    he shall be elected
                                              -     a resident thereof for a period of not
                                                    less than one year preceding the
                                                    election
                                              ADDITIONAL QUALITICATION FOR PARTY-
                                              LIST REPRESENTATIVES:
                                              -     a bona fide member of the party or
                                                    organization which he seeks to
                                                    represent for at least ninety (90) days
                                                    preceding the day of the election,
COMPOSITION
EXECUTIVE DEPARTMENT          LEGISLATIVE DEPARTMENT        JUDICIAL DEPARTMENT

President – Chief Executive   SENATE – 24                       SUPREME COURT
Vice President                Currently the Philippine Senate -composed of fifteen members
Cabinet Officials             is composed of 23 Senators         1 Chief Justice
                              HOUSE OF REPRESENTATIVES           14 Associate Justice
                               – not more than 250 members
                              including      the     Party-list
                              Representatives
                              District Representatives – 80%
                              Party-list Representatives -20%
                              Currently there are 285
                              members of the House of
                              Representatives
                              229 – District representatives
                              56 – Sectoral Representatives
TERMS OF OFFICE
EXECUTIVE                  LEGISLATIVE               JUDICIAL DEPARTMENT
DEPARTMENT                 DEPARTMENT
President – 1 term of 6    SENATE – 2 consecutive    NO TERM LIMIT – but
years    without     re-   terms allowed with 6      they mandated to hold
election                   years per term            office during good
Vice President – 2         DISTRICT AND PARTY-       behavior until they
consecutive       terms    LIST REPRESENTATIVES      reach the age of 70 or
allowed with 6 years       - 3 consecutive terms     become incapacitated
per term                      allowed with 3 years   to discharge the duties
                              per term               of their office.
EXERCISES
 The following are the Powers of the Government. Identify whether these powers are exercise by the
    President, Congress or by the Judiciary.

 1.    Police Power
 2.    The Power of Eminent Domain
 3.    The power to determine whether there has been a grave abuse of discretion lack or
       excess of jurisdiction of any branch or instrumentality of the government
 4.    The power to appoint government officials
 5.    The Power of Taxation
 6.    The power to choose who shall become President in case of tie
 7.    The power to commute sentence, grant pardon, reprieve and amnesty
 8.    The power to impose death penalty
 9.    The power to determine the validity and constitutionality of the laws of the State
 10.   The power to impeach
 11.   The power to ratify the treaty
 12.   The power to declare martial law
 13.   The power to settle actual controversies involving rights which are legally demandable
       and enforceable
 14.   The power to act as a constituent assembly
 15.   The power to declare the existence of war
 16.   The power to confirm the appointments of government officials
 17.   The power to veto a law
 18.   The power of supervision and control over the local government
 19.   The power to conduct investigation in aid of legislation
 20.   The power to conduct treaty and international agreement with other states
POWERS OF THE GOVERNMENT
THE LEGISLATIVE BRANCH
Congress (Article 6)
1.    THE POWER TO ENACT LAWS
2.    Police Power
3.    Power of Eminent Domain
4.    Power of Taxation
5.    The power to choose who shall become President in case of tie (Section
      4, par.4)
6.    The power to impose death penalty (Art. 3, Sec 19)
7.    The power to act as a constituent assembly (Art. XVII, section 1)
8.    The power to declare the existence of war (Section 23)
9.    The power to confirm the appointments of government officials (Section 19)
10.   The power to ratify treaty (Art. 7, Section 21)
11.   The power to conduct investigation in aid of legislation (Section 21)
12.   Immunity from arrest for offenses punishable by not more than six years
      imprisonment (Section 11)
13.   The power to appropriate money (Section 24 & 25)
14.   The power to impeach (Art. XI, Sec. 2)
IMPEACHMENT
       Impeachment has been defined as a method of
  national inquest into the conduct of public men. It is
  essentially in the nature of a criminal prosecution before a
  quasi-political court, instituted by a written accusation
  called “articles of impeachment” upon a charge of the
  commission of a crime or some official misconduct or
  neglect.

PURPOSE OF IMPEACHMENT
      Its purpose is to protect the people from official
 delinquencies or malfeasances. It is, therefore, primarily
 intended for the protection of the state, not for the
 punishment of the offender. The penalties attached to
 impeachment are merely incidental to the primary
 intention of protecting the people as a body politic.
OFFICIALS REMOVABLE BY IMPEACHMENT
1. The President and Vice-president
2. The Members of the Supreme Court
3. The members of the Constitutional Commissions
4. The Ombudsman
GROUNDS FOR IMPEACHMENTS
 Culpable violation of the Constitution
 Treason
 Bribery
 Graft and Corruption
 Betrayal of Public Trust
 Other High Crimes
POWERS OF THE GOVERNMENT
THE EXECUTIVE BRANCH
President (Article 7)
1. THE POWER TO IMPLEMENT LAWS
2. Administrative Power and control over the agencies of the
    governments(Section 17)
3. The power to appoint government officials (Section 16)
4. The power to commute sentence, grant pardon, reprieve and
    amnesty (Section 19)
5. The power to declare martial law (Section 18)
6. The power to suspend the privilege of writ of habeas corpus
    (Section 18)
7. The power to veto a law (Art. 6, Section 7)
8. The power of supervision and control over the local
    government (Art. X, Section 4)
9. The power to conduct treaty and international agreement with
    other states (Section 21)
POWERS OF THE GOVERNMENT
THE JUDICIAL BRANCH
The Supreme Court (Article 8)

1.   THE POWER TO INTERPRET LAWS
2.   THE POWER OF JUDICIAL REVIEW.
  a. The power to determine whether there has been a grave abuse of discretion
     lack or excess of jurisdiction of any branch or instrumentality of the
     government (Sec. 4, par. 2)
3. ADJUDICATORY POWERS (Section 1, par. 2)
  a. The power to determine the validity and constitutionality of the laws of the
     State
  b. The power to settle actual controversies involving rights which are legally
     demandable and enforceable
4. Assign temporarily judges of lower courts to other stations as public interest
     may require
5. Order the change of venue or place of trial to avoid a miscarriage of justice
6. Appoints all officials and employees of the Judiciary in accordance with the
     Civil Service Law

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Branches of the philippine government

  • 2. 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).
  • 3. 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. 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. 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.
  • 4. PRINCIPLE OF CHECKS AND BALANCES The three co-equal departments are established by the constitution in as balanced positions as possible. To maintain this balance or to restore it if upset, each department is given certain powers with which to check the others. Checks by the President Checks by the Congress Checks by the Judiciary - may veto or disapprove bills - Congress may override the - the Supreme Court as the final enacted by the Congress (Sec. veto of the President (Sec. arbiter may declare legislative 27:1) 27:1) measures or executive acts - through pardoning power, he - Reject certain appointments of unconstitutional (Art. VIII, Sec may modify or set aside the the President (Art. VII, Sec. 16) 4:2) judgments of courts (Art. - Revoke the proclamation of - determine whether or not VII, Sec 19) martial law or suspension of there has been a grave abuse the writ of habeas corpus by of discretion amounting to the President (Art. VII, Section lack or excess of jurisdiction 18) on the part of the Congress or - Amend or revoke the decision President (Art. VIII, Sec. 2:2) of the Court by the enactment of a new law or by an amendment of the old - The power to impeach the President and the members of the Supreme Court.
  • 5. QUALIFICATIONS OF THE OFFICIALS OF THE NATIONAL GOVERNMENT PRESIDENT AND VICE-PRESIDENT CONGRESS SUPREME COURT - natural-born citizen of the Philippines SENATORS - he must be a natural-born citizen of - a registered voter - a natural born citizens of the the Philippines - able to read and write Philippines - he must be at least forty (40) years of - at least forty (40) years of age on the - at least 35 years of age on the day of age day of the election the election - he must have, for fifteen (15) years or - a resident of the Philippines for at - able to read and write more, been a judge of a lower court or least ten (10) years immediately - a registered voter engaged in the practice of law in the preceding the election. - a resident of the Philippines for not Philippines less than two (2) years immediately - he must be a person of proven preceding the day of the election competence, integrity, probity and HOUSE OF REPRESENTATIVES independence. - a natural-born citizen of the Philippines - at least 25 years of age on the day of the election - able to read and write - except for a party-list representative, a registered voter in the district in which he shall be elected - a resident thereof for a period of not less than one year preceding the election ADDITIONAL QUALITICATION FOR PARTY- LIST REPRESENTATIVES: - a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election,
  • 6. COMPOSITION EXECUTIVE DEPARTMENT LEGISLATIVE DEPARTMENT JUDICIAL DEPARTMENT President – Chief Executive SENATE – 24 SUPREME COURT Vice President Currently the Philippine Senate -composed of fifteen members Cabinet Officials is composed of 23 Senators 1 Chief Justice HOUSE OF REPRESENTATIVES 14 Associate Justice – not more than 250 members including the Party-list Representatives District Representatives – 80% Party-list Representatives -20% Currently there are 285 members of the House of Representatives 229 – District representatives 56 – Sectoral Representatives
  • 7. TERMS OF OFFICE EXECUTIVE LEGISLATIVE JUDICIAL DEPARTMENT DEPARTMENT DEPARTMENT President – 1 term of 6 SENATE – 2 consecutive NO TERM LIMIT – but years without re- terms allowed with 6 they mandated to hold election years per term office during good Vice President – 2 DISTRICT AND PARTY- behavior until they consecutive terms LIST REPRESENTATIVES reach the age of 70 or allowed with 6 years - 3 consecutive terms become incapacitated per term allowed with 3 years to discharge the duties per term of their office.
  • 8. EXERCISES The following are the Powers of the Government. Identify whether these powers are exercise by the President, Congress or by the Judiciary. 1. Police Power 2. The Power of Eminent Domain 3. The power to determine whether there has been a grave abuse of discretion lack or excess of jurisdiction of any branch or instrumentality of the government 4. The power to appoint government officials 5. The Power of Taxation 6. The power to choose who shall become President in case of tie 7. The power to commute sentence, grant pardon, reprieve and amnesty 8. The power to impose death penalty 9. The power to determine the validity and constitutionality of the laws of the State 10. The power to impeach 11. The power to ratify the treaty 12. The power to declare martial law 13. The power to settle actual controversies involving rights which are legally demandable and enforceable 14. The power to act as a constituent assembly 15. The power to declare the existence of war 16. The power to confirm the appointments of government officials 17. The power to veto a law 18. The power of supervision and control over the local government 19. The power to conduct investigation in aid of legislation 20. The power to conduct treaty and international agreement with other states
  • 9. POWERS OF THE GOVERNMENT THE LEGISLATIVE BRANCH Congress (Article 6) 1. THE POWER TO ENACT LAWS 2. Police Power 3. Power of Eminent Domain 4. Power of Taxation 5. The power to choose who shall become President in case of tie (Section 4, par.4) 6. The power to impose death penalty (Art. 3, Sec 19) 7. The power to act as a constituent assembly (Art. XVII, section 1) 8. The power to declare the existence of war (Section 23) 9. The power to confirm the appointments of government officials (Section 19) 10. The power to ratify treaty (Art. 7, Section 21) 11. The power to conduct investigation in aid of legislation (Section 21) 12. Immunity from arrest for offenses punishable by not more than six years imprisonment (Section 11) 13. The power to appropriate money (Section 24 & 25) 14. The power to impeach (Art. XI, Sec. 2)
  • 10. IMPEACHMENT Impeachment has been defined as a method of national inquest into the conduct of public men. It is essentially in the nature of a criminal prosecution before a quasi-political court, instituted by a written accusation called “articles of impeachment” upon a charge of the commission of a crime or some official misconduct or neglect. PURPOSE OF IMPEACHMENT Its purpose is to protect the people from official delinquencies or malfeasances. It is, therefore, primarily intended for the protection of the state, not for the punishment of the offender. The penalties attached to impeachment are merely incidental to the primary intention of protecting the people as a body politic.
  • 11. OFFICIALS REMOVABLE BY IMPEACHMENT 1. The President and Vice-president 2. The Members of the Supreme Court 3. The members of the Constitutional Commissions 4. The Ombudsman
  • 12. GROUNDS FOR IMPEACHMENTS  Culpable violation of the Constitution  Treason  Bribery  Graft and Corruption  Betrayal of Public Trust  Other High Crimes
  • 13. POWERS OF THE GOVERNMENT THE EXECUTIVE BRANCH President (Article 7) 1. THE POWER TO IMPLEMENT LAWS 2. Administrative Power and control over the agencies of the governments(Section 17) 3. The power to appoint government officials (Section 16) 4. The power to commute sentence, grant pardon, reprieve and amnesty (Section 19) 5. The power to declare martial law (Section 18) 6. The power to suspend the privilege of writ of habeas corpus (Section 18) 7. The power to veto a law (Art. 6, Section 7) 8. The power of supervision and control over the local government (Art. X, Section 4) 9. The power to conduct treaty and international agreement with other states (Section 21)
  • 14. POWERS OF THE GOVERNMENT THE JUDICIAL BRANCH The Supreme Court (Article 8) 1. THE POWER TO INTERPRET LAWS 2. THE POWER OF JUDICIAL REVIEW. a. The power to determine whether there has been a grave abuse of discretion lack or excess of jurisdiction of any branch or instrumentality of the government (Sec. 4, par. 2) 3. ADJUDICATORY POWERS (Section 1, par. 2) a. The power to determine the validity and constitutionality of the laws of the State b. The power to settle actual controversies involving rights which are legally demandable and enforceable 4. Assign temporarily judges of lower courts to other stations as public interest may require 5. Order the change of venue or place of trial to avoid a miscarriage of justice 6. Appoints all officials and employees of the Judiciary in accordance with the Civil Service Law