You are on page 1of 9

Art.

VI, VII & VII


an Introduction

Constitution of Governments
(1987 Philippine Constitution)

Objectives
To understand the underlying principles,
structure of the Philippine government as
well as how government powers are
distributed to the three branches; and
To understand the meaning of public
accountability.

3 Branches of Government
Art. VI- Legislative Department
Congress (Senate & house of representatives) & the
People
Function: to enact or make laws only.

Art. VII Executive Department


President, Vice-President & Cabinet Members
Function: To execute or implement laws only.

Art. VIII- Judicial Department


Supreme Court (Chief Justice & Justices) & Lower
Courts (Judges)
Function: To apply and/or interpret the laws only.

Governing Principles
1. Separation of Powers
The powers are separately distributed to the 3
branches (legislative, executive & judicial) which
are co-equal, co-supreme, and independent
branches of government.
One branch is prohibited from encroaching into
the other.
Constitutional Basis: Arts. 6, 7, & 8
The power expressly given to one branch is impliedly not

given to the other.

Purpose
1.) intended to secure action
2.) Forestall overaction
3.) Prevent despotism
4.) Obtain efficiency

But there is no wall of hostility among


the 3!
It is not absolute independence but
interdependence. The letters of the
constitution wisely declared separation but the
impulse of common purpose declares union.

2. Blending of Powers
There is sharing and coordination!
Powers not confined exclusively within
one department but are in fact assigned
to or shared by several departments.
Examples:
Power of Appointment (Generally vested to the Pres.
But such power is shared by other departments for
appointments over their administrative personnel)
General Appropriations Law ( The Pres. Proposes and
congress makes the law.

3.) Checks and Balances


This is a System of Counteraction to prevent or
stop an abuse of power possibly to be committed
by one branch.
Makes the principle of Separation of Power work!
One department is allowed to resist encroachment
upon its prerogatives or to rectify mistakes or
excesses committed by the other department.
Example:
Congress makes a law increasing salary. (This will be checked
by the President through the VETO power)
President or the Chief Justice is engaged in Jueteng. (This will
be checked by Congress through an impeachment proceeding.)

4.) Delegation of Powers


GR: Principle of Non-delegation of Powers

What has been delegated cannot be delegated.


Exception: Permissible Delegation
Rationale: Recognition of the increasing complexity of the
task of the government.

Permissible Delegation
1.) Delegation of tariff powers to the President.
2.) Delegation of Emergency powers to the President.
3.) Delegation to the people at large.
4.) Delegation to the local governments.
5.) Delegation to administrative bodies.