Вы находитесь на странице: 1из 3

Branches of the Philippine Government:

Separation of Powers
The Philippines is a democratic and republican state.
As a republican state, sovereignty resides in the
People and all government authority emanates from
them (Constitution, Art. III, Sec. 1). A Republican
form of government rests on the conviction that
sovereignty should reside in the people and that all
government authority must emanate from them. It
abhors the concentration of power on one or a few,
cognizant that power, when absolute, can lead to
abuse, but it also shuns a direct and unbridled rule by
the people, a veritable kindling to the passionate fires
of anarchy. Our people have accepted this notion and
decided to delegate the basic state authority to
principally three branches of government the
Executive, the Legislative, and the Judiciary each
branch being supreme in its own sphere but with
constitutional limits and a firm tripod of checks and
balances .

The Executive Branch


The executive branch is headed by the President, who
is elected by a direct vote of the people. The term of
office of the President, as well as the Vice-President,
is six (6) years. As head of the Executive Department,
the President is the Chief Executive. He represents
the government as a whole and sees to it that all laws
are enforced by the officials and employees of his
department. He has control over the executive
department, bureaus and offices. This means that he
has the authority to assume directly the functions of
the executive department, bureau and office or
interfere with the discretion of its officials. Corollary
to the power of control, the President also has the
duty of supervising the enforcement of laws for the
maintenance of general peace and public order. Thus,
he is granted administrative power over bureaus and
offices under his control to enable him to discharge
his duties effectively.
The President exercises general supervision over all
local government units and is also the Commanderin-Chief of the Armed Forces of the Philippines.
Under the existing Presidential form of government,
the executive and legislative branches are entirely
separate, subject only to the mechanisms of checks
and balances. There were attempts to amend the
Constitution in order to shift to a parliamentary
system, but these moves were struck down by the
Supreme Court. The most recent petition that reached
the Supreme Court is Lambino vs. COMELEC.

The Legislative Branch


The legislative branch, which has the authority to
make, alter or repeal laws (see also the definition of
legislative power), is the Congress. Congress is
vested with the tremendous power of the purse,
traditionally recognized in the constitutional
provision that no money shall be paid out of the
Treasury except in pursuance of an appropriation
made by law. It comprehends both the power to
generate money by taxation (the power to tax) and
the power to spend it (the power to appropriate). The

power to appropriate carries with it the power to


specify the amount that may be spent and the purpose
for which it may be spent.
Under a bicameral system, the Congress is composed
of the Senate and the House of Representatives.
The Senate is composed of twenty-four (24)
Senators, who are elected at large by the qualified
voters of the Philippines. The term of office of the
Senators is six (6) years.
The House of Representatives, on the other hand, is
composed of not more than two hundred and fifty
(250) members, unless otherwise fixed by law, who
are elected from legislative districts apportioned
among the provinces, cities and the Metropolitan
Manila area, and those who are elected through a
party-list system of registered national, regional and
sectoral parties or organizations. The term of office of
members of the House of Representatives, also called
Congressmen, is three (3) years.

The Judiciary
Judicial power is vested in the Supreme Court and in
such lower courts as may be established by law. The
judiciary has the moderating power to
determine the proper allocation of powers
between the branches of government. When the
judiciary mediates to allocate constitutional
boundaries, it does not assert any superiority over the
other departments; it does not in reality nullify or
invalidate an act of the legislature, but only asserts
the solemn and sacred obligation assigned to it by the
Constitution to determine conflicting claims of
authority under the Constitution and to establish for
the parties in an actual controversy the rights which
that instrument secures and guarantees to them. In
the words of Chief Justice Reynato S. Puno: The
Judiciary may not have the power of the sword, may
not have the power of the purse, but it has the power
to interpret the Constitution, and the unerring lessons
of history tell us that rightly wielded, that power can
make a difference for good.
While Congress has the power to define, prescribe
and apportion the jurisdiction of the various courts,
Congress cannot deprive the Supreme Court of its
jurisdiction provided in the Constitution. No law
shall also be passed reorganizing the judiciary when
it undermines the security of tenure of its members.
The Supreme Court also has administrative
supervision over all courts and the personnel thereof,
having the power to discipline or dismiss judges of
lower courts.
The Supreme Court is composed of a Chief Justice
and fourteen Associate Justices. It may sit en banc or,
in its discretion, in divisions of three, five or seven
members. A member of the Supreme Court must be a
natural-born citizen of the Philippines, at least forty
(40) years of age and must have been for fifteen (15)
years or more a judge of a lower court or engaged in
the pratice of law in the Philippines. Justices hold
office during good behavior until they reach the age
of seventy (70) years or become incapacitated to
discharge the duties of their office.

* Sources: Francisco, Jr. vs. House of


Representatives, G.R. No. 160261, 10 November
2003, main decision and the separate opinions of
Justices Vitug and Corona; Ople vs. Torres, G.R. No.
127685, 23 July 1998.
2 Responses to Branches of the Philippine
Government: Separation of Powers
Feed for this Entry
1.

1arias_louieFeb 5th, 2012 at 7:07 pm


The Judiciary may not have the power of
the sword, may not have the power of the
purse, but it has the power to interpret the
Constitution
A very dangerous doctrine.
Sa pag-iinterpret kasi sa ating Constitution.
Ang equivalent nito ay:
a.) Lawmaking Gumagawa ka ng Batas
Sole duties and functions dapat ng
Legislative Branch. Hindi ng Judicial
Branch.

adjacent territory. Each city with a


population of at least two hundred fifty
thousand, or each province, shall have at
least one representative.
3.) Ang hindi nito pagsunod sa nakasulat o
probisyon sa ating 1987 Constitution
ARTICLE XI Section 17
A public officer or employee shall, upon
assumption of office and as often thereafter
as may be required by law, submit a
declaration under oath of his assets,
liabilities, and net worth. In the case of the
President, the Vice-President, the Members
of the Cabinet, the Congress, the Supreme
Court, the Constitutional Commissions and
other constitutional offices, and officers of
the armed forces with general or flag rank,
the declaration shall be disclosed to the
public in the manner provided by law.
REPUBLIC ACT NO. 6713
Section 8 of RA 6713, also known as the
Code of Conduct and Ethical Standards for
Public Officials and Employees.
Kaya panukala ko.

b.) Amendments binabago mo ang mga


nakasulat o probisyon sa ating Constitution.

Kapag natuloy yung pagbabago sa ating


Constitution o Charter Change.

Sole duties and functions dapat ng


Constitutional Convention (Con Con or
Constitutional
Assembly
(Con
Ass)
Delegates. Hindi ng Judicial Branch.

Bago ma-ratified by a majority of the votes


cast in a plebiscite ang ating magiging
Constitution.

Ganito tuloy yung nangyari.


1.) Ni-legalized nito ang appointment ni
then Associate Justice Renato Corona as
Chief Justice ng ating Supreme Court.
Kahit na ito ay labag sa ating 1987
Constitution ARTICLE VII Section 15
Two months immediately before the next
presidential elections and up to the end of
his term, a President or Acting President
shall not make appointments, except
temporary appointments to executive
positions when continued vacancies therein
will prejudice public service or endanger
public safety.
2.) Sinang-ayunan o inaprobahan nito ang
pagkakaroon ng panibagong Distrito ng
Camarines Sur para lang maging
Congressman ang anak ni Gloria Macapagal
Arroyo na si Dato Arroyo.
Kahit na hindi umabot ang Distrito nito sa at
least 250,000 Population na nakasaad sa
ating 1987 Constitution ARTICLE VI
Section 5. (3)
Each legislative district shall comprise, as
far as practicable, contiguous, compact, and

Ibigay na dapat ang Interpretation nito.


- Interpretation sa lahat ng mga nakasulat o
probisyon sa ating Constitution.
At ang mangyari sa ating Judiciary.
Taga- apply na lamang ito sa Interpretation
ng mga nakasulat o probisyon sa ating
Constitution.
Hindi na ito mag-interpret. Kasi nga may
Interpretation na.
Kasi iba yung Interpretation ng ating
Judiciary (Supreme Court) sa Interpretation
ng mga Framers ng ating 1987 Constitution.
At mas tama ang Interpretation ng ng mga
Framers ng ating 1987 Constitution kaysa sa
ating Judiciary (Supreme Court).
Syempre sila yung nakaisip, sa kanila galing
yung idea at yung mga nakasulat sa ating
1987 Constitution.
Syempre sila (Framers) yung tama.
At paara mawala na rin ang kalituhan sa
kung ano talaga ang interpretation ng mga
nakasulat o probisyon sa ating Constitution

At hindi na rin maulit yung nangyayari na


NA NAG-A-ACT O UMAAKTO NA
MAS BATAS O ABOVE PA SA ATING
CONSTITUTION
ANG
ATING
JUDICIARY (SUPREME COURT).

Who interprets and applies the law.

NA YUNG EN BANC RULING O


DESISYON NITO AY MAS BATAS O
ABOVE PA SA NAKASULAT O
PROBISYON
SA
ATING
CONSTITUTION.

Who implement or execute the law.

Gusto ko rin baguhin ang Theory ni


Montesquieu

Sa akin naman.
Executive

Legislative
Who make and pass the law. But before it
became the law. It should be Interpreted.
Also it can repeal the law

- Separation of state powers: executive;


legislative; judicial

Judicial

Di ba sa Theory ni Montesquieu

Who applies the interpretation of the law.

Executive

Legislative

(Yun lang Thanks for reading. To God


alone be all the Glory sa naisip ko. Dahil
binigyan Niya ako ng Wisdom at Idea. To
Reform our Constitution. Especially sa pagreform sa Separation of powers ng ating
Government)

Who make, pass, and repeal the law.

^_^

Who implement or execute the law.

Judicial

2. 2arias_louieFeb 13th, 2012 at 7:43 pm

Вам также может понравиться