Legal Research MIKEE LOUISE Q.

MIRASOL
JD 1E-B

The Philippines is a republic with a presidential form of government wherein power is equally
divided among its three branches: executive, legislative, and judicial.

One basic corollary in a presidential system of government is the principle of separation of powers
wherein legislation belongs to Congress, execution to the Executive, and settlement of legal
controversies to the Judiciary.

 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
Senate and the House of Representatives.
 The Executive branch carries out laws. It is composed of the President and the
Vice President who are elected by direct popular vote and serve a term of six years.
The Constitution grants the President authority to appoint his Cabinet. These
departments form a large portion of the country’s bureaucracy.

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Legal Research MIKEE LOUISE Q. MIRASOL
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 The Judicial branch evaluates laws. It holds the power to settle controversies
involving rights that are legally demandable and enforceable. This branch
determines whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part and instrumentality of the government.
It is made up of a Supreme Court and lower courts.

Each branch of government can change acts of the other branches as follows:

 The President can veto laws passed by Congress.

 Congress confirms or rejects the President's appointments and can remove the
President from office in exceptional circumstances.
 The Justices of the Supreme Court, who can overturn unconstitutional laws, are
appointed by the President and confirmed by the Senate.

The Philippine government seeks to act in the best interests of its citizens through this
system of checks and balances.

The Constitution expressly grants the Supreme Court the power of Judicial Review as the
power to declare a treaty, international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or regulation unconstitutional.

Legislative Department
The Legislative Branch enacts legislation, confirms
or rejects Presidential appointments, and has the
authority to declare war. This branch includes
Congress (the Senate and House of
Representatives) and several agencies that
provide support services to Congress.

 Senate – The 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.
 House of Representatives – 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.

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The party-list representatives shall constitute twenty per cent of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.

Executive Department
The executive branch carries out and
enforces laws. It includes the President, Vice
President, the Cabinet, executive
departments, independent agencies, and
other boards, commissions, and
committees.

Key roles of the executive branch include:

 President – The President leads the country. He/she is the head of state, leader of the
national government, and Commander in Chief of all armed forces of the Philippines. The
President serves a six-year term and cannot be re-elected.
 Vice President – The Vice President supports the President. If the President is unable to
serve, the Vice President becomes President. He/she serves a six-year term.
 The Cabinet – Cabinet members serve as advisors to the President. They include the Vice
President and the heads of executive departments. Cabinet members are nominated by
the President and must be confirmed by the Commission of Appointments.

Judicial Department
The judicial branch interprets the meaning of laws,
applies laws to individual cases, and decides if laws
violate the Constitution. The judicial power shall be
vested in one Supreme Court and in such lower
courts as may be established by law.

Judicial power includes the duty of the courts of

justice to settle actual controversies involving rights which are legally demandable and
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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. The judicial branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution. 1

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Legal Research MIKEE LOUISE Q. MIRASOL
JD 1E-B

1
https://pia.gov.ph/branches-of-govt

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