Legal Research BORLAGDAN, ROSELLE M.

1-D

The Three Branches of Government in the Philippines

Legislative Executive Judicial

• Congress • President • Supreme Court
• Senate • Vice -President • Other Courts
• House of • Cabinet
Representatives

makes the law carries out the law evaluates the law

The Legislative Department

 Legislative Power. The legislative or law-making power is the power to make laws
that are legal and binding. According to the 1987 Constitution, the legislative power
is vested in two ways: (1) The new Congress of the Philippines make the laws of
the Republic, and (2) The people may also directly or propose and enact laws or
approve and reject them by means of initiative and referendum.1

 Members of the New Congress. The Congress is the legislative body. It is

composed of two houses – the Senate or upper House and the House of
Representatives or the lower House.2 The Senate or upper House is composed of
24 Senators who are elected nationwide. To be a Senator, a person must be a
natural-born citizen, at least 35 years old, able to read and write, a registered voter,
and a resident of the Philippines for at least two years before the election. The
term of Senators is six years, with a possible reelection for two consecutive terms.

The House of Representatives or lower House shall be composed of not

more than 250 members. Most of these shall be elected from legislative districts
(provinces and cities) according to the Ordinance appended to the Constitution.
Twenty percent of the members shall come from party-list representatives. One-
half of the seats for party-list members shall come by election or selection from
various sectors, except the religious sector. The sectoral representation shall
continue for three consecutive terms after the approval of the Constitution.3

To be a Congressman, a person must be a natural-born citizen, at least 25

years old, and able to read and write. Except for the party-list members, he must
be a registered voter in the legislative district and a resident of it for at least one
year before the elections. The term of the Congressman is three years, with a
possible reelection for three consecutive terms.4

1
Zaide, S. M. (1999). Philippine History and Government. 935 Aurora Boulevard corner Pittsburgh St., Alforque
Building, Cubao, Quezon City: All-Nations Publishing Co., Inc. p. 214
2
Ibid. p. 214
3
Ibid. p. 215
4
De Leon, H. S. (2002). Textbook on the Philippine Constitution. 84 P. Florentino St., Quezon City: Rex Printing
Company, Inc. p. 156

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Legal Research BORLAGDAN, ROSELLE M. 1-D

The Executive Department

 Executive Power. This is briefly described as the power to enforce and administer
the laws, but it is actually more than this. In the exercise of power, the President
of the Philippines assumes plentitude of authority, and the corresponding
awesome responsibility, that make him, indeed, the most influential person in the
land. The potentials of executive power are tremendous for good or evil. 5

 Qualifications of the President. To be elected President, a person must be a

natural-born citizen, at least 40 years old, a registered voter, able to read and write,
and a resident of the country for at least ten years before the election. Upon
assuming the office, the President must make a public declaration of his or her
assets, liabilities and net worth.6

 The Vice-President. The Vice-President shall have the same qualifications and
term of office as the President and may be removed from office on impeachment
as in the case of the President.7

 Term of office of the President and Vice-President. The President and Vice-
President enjoy security of tenure. Their term of office is six (6) years “which shall
begin at noon on the 30th day of June following the day of the election and shall
end at noon at the same date six (6) years thereafter.”8

 The Cabinet. The Members of the Cabinet of the Philippines is composed of senior
officers / secretaries of each executive department of the government of the
Philippines. They are appointed by the President to help him execute good
governance for the improvement and progress of the economy.9

The Judicial Department

 Judicial Power. The judicial power is the power to interpret the laws of the land in
cases of disputes. It is vested in the Supreme Court and the lower courts.10

 Organization of the Judiciary. According to the Judiciary Reorganization Act of

1980 (Batas Pambansa No. 129), the judiciary is composed of the following courts:
(1) the Supreme Court, (2) Intermediate Appellate Court, (3) Regional Trial Courts,
(4) Metropolitan Trial Courts, and (5) Municipal Trial Courts. In addition to these
regular courts, namely (1) the Court of Tax Appeals and (2) the Sandiganbayan.

 The Supreme Court. It is the highest court in the land. It is composed of fifteen
members – the Chief Justice and 14 Associate Justices. They are appointed by
the President. To be appointed a member of the Supreme Court, a person must
have the following qualifications: (1) be a natural-born citizen of the Philippines; (2)

5
Isagani, I. and C. (2014). Philippine Political Law. 927 Quezon Avenue, Quezon City: Central Book Supply, Inc.
pp. 334-335
6
Zaide, S. M. (1999). Philippine History and Government. 935 Aurora Boulevard corner Pittsburgh St., Alforque
Building, Cubao, Quezon City: All-Nations Publishing Co., Inc. p. 210
7
The 1987 Constitution. Article XI, Section 2.
8
The 1987 Constitution. Article XI, Section 7.
9
“Cabinet Members of the Philippines 2019.” Retrieved from https://philpad.com
10
Zaide, S. M. (1999). Philippine History and Government. 935 Aurora Boulevard corner Pittsburgh St., Alforque
Building, Cubao, Quezon City: All-Nations Publishing Co., Inc. p. 217

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Legal Research BORLAGDAN, ROSELLE M. 1-D

at least 40 years of age; and (3) a judge of record engaged in the practice of law
for at least fifteen years. The Supreme Court holds its sessions in Manila, and
during the summer months in Baguio City. The members of the Supreme Court
remain in office during a good behavior until the age of 70 when they are retired.
Their salaries are fixed by law and cannot be decreased during their term of office.
The Chief Justice receives an annual salary of P240,000 and each of the Associate
Justices, P204,000 each. Any member of the Supreme Court can be removed from
office only by means of impeachment by the Congress.11

 The Intermediate Appellate Court or the Court of Appeals. It is composed of a

Presiding Appellate Justice and 49 Associate Justices who are appointed by the
President. This Court hears civil and criminal cases appealed from the Regional
Trial Courts.

 The Regional Trial Courts. This replaced the former Courts of First Instance.
There are 13 of these courts, one for each of the 13 regions.

 Municipal Trial Courts. These are the courts in cities and municipalities. For
purposes of economy, two or more small municipalities in the provinces can be
merged and placed under a Municipal Circuit Trial Court, with one judge.

 The Special Courts

 The Court of Tax Appeals. This is composed of a Presiding Judge and two
Associate Judges appointed by the President. It has exclusive jurisdiction over tax
cases appealed by private citizens and commercial firms who protest the amount
of taxes imposed by the Bureau of Customs on their property or business. The
assessment or property taxes made by city and provincial assessors may also be
appealed to the Tax Appeals Court. The decisions of this court are final.

 The Sandiganbayan. This is a special anti-graft court. It decides cases involving

graft and corruption by government officials and employees. The court meets in
Manila and is composed of a Presiding Judge and 8 Associate Justices. Its
decisions are subject to review by the Supreme Court.12

11
Ibid. p. 217
12
Ibid. pp. 218-219

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