Powers, Roles, Duties, and Functions of the Legislative Department

Article Vl, Section 1, of the 1987 Constitution vests legislative power in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives. The Senate shall be
elected at large by the qualified voters of the Philippines and shall be composed of twenty-four
(24) members; the House of Representatives shall be composed of not more than 250, 20
percent of whom must be Party-list representatives.

LEGISLATIVE POWERS

The competence of the legislative body to propose, enact, ordain, alter, modify or repeal laws.
Hence, it is synonymous to law-making power.

LEGISLATIVE PROCESS

The Congress shall be responsible in creating enabling laws to guarantee that the spirit of the
constitution is being upheld in the country, and, at times, amend or change the constitution
itself. To create such laws, the legislative body comes out with two main documents: bills and
resolutions.

RESOLUTIONS

Conveys the principles and sentiments of the Senate or the House of Representatives.
Furthermore, this can be divided into three different elements.

● Joint Resolutions - requires the approval of both chambers of Congress and the signature of
the President, and has the force and effect of a law if approved.

● Concurrent Resolutions - used for matters affecting the operations of both chambers of
Congress and must be approved in the same form by both houses, but are not transmitted to
the President for his signature and therefore have no force and effect of a law.

● Simple Resolutions - deals with matters entirely within the prerogative of one chamber of
Congress, are not referred to the President for his signature, and therefore have no force and
effect of a law.

BILLS

These are the laws in the making. They pass into law when they are approved by both houses
and the President of the Philippines. A bill may be vetoed by the President, but the House of
Representatives may overturn a presidential veto by garnering a 2/3rds vote. A proposed law
submitted by Congress shall lapse into law after 30 days of receipt if the President does not act
on it.
Powers and Functions of the Congress

● Checks on the Powers of the President

- Check the President’s power to appropriate funds for government use (Article Vl, Section 25).
- Provide consent on appointments made by the President (Article VII, Section 16)
- Check the President’s power as Commander- in- Chief in the suspension of writ of habeas
corpus or declaration of martial law
(Article VII, Section 18)
- Concur with the President in granting amnesty to individuals (Article VII, Section 19)

● Exercises the functions known as diplomatic powers ( with respect to international relations).
The following are good examples:
- Declaration of the existence of a state of war
Article VI, Section 23. (1) The Congress, by vote of two-thirds of both Houses in a joint session
assembled, voting separately, shall have sole power to declare the existence of a state of war.
- Granting of emergency powers to the President in times of war or emergency [Article VI,
Section 23 (2)]
- No treaty or international agreement shall be valid and effective unless concurred in by at least
two-thirds of all the members of the Senate (Article VII, Section 21)

Other Roles of the Philippine Congress

● Initiate investigations into matters of public concern.

● Call on government officers and citizens to appear before legislative committees if
needed.
● Approval of appropriation of the national budget.
● General Appropriations Act (for specific fiscal year)
● National Board of Canvassers (during Presidential & VP election)
● Commission on Appointments
● Initiation of impeachment cases starts within the House of Representatives.

Powers, Roles, Duties, and Functions of the Executive Department

Article VII, Section 1, of the 1987 Constitution vests executive power on the President of the
Philippines. The President is the Head of State and Head of Government, and functions as the
commander-in-chief of the Armed Forces of the Philippines. As chief executive, the President exercises
control over all the executive departments, bureaus, and offices.

THE PRESIDENT
The powers of the President of the Philippines are specifically outlined in Executive Order No.
292, s. 1987, otherwise known as the Administrative Code of 1987. The following powers are:

1. Power of control over the executive branch

The President of the Philippines has the mandate of control over all the executive departments,
bureaus, and offices. This includes restructuring, reconfiguring, and appointments of their
respective officials. The Administrative Code also provides for the President to be responsible
for the above-mentioned offices’ strict implementation of laws.

2. Power ordinance power

The President of the Philippines has the power to give executive issuances, which are means to
streamline the policy and programs of an administration. There are six issuances that the
President may issue. They are the following as defined in the Administrative Code of 1987:

Executive orders — Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders.

Administrative orders — Acts of the President which relate to particular aspects of

governmental operations in pursuance of his duties as the administrative head shall be
promulgated in administrative orders.

Proclamations — Acts of the President fixing a date or declaring a status or condition of public
moment or interest, upon the existence of which the operation of a specific law or regulation is
made to depend, shall be promulgated in proclamations which shall have the force of an
executive order.

Memorandum orders — Acts of the President on matters of administrative detail, or of

subordinate or temporary interest which only concern a particular officer or government office
shall be embodied in memorandum orders.

Memorandum circulars — Acts of the President on matters relating to internal administration,

which the President desires to bring to the attention of all or some of the departments,
agencies, bureaus, or offices of the government, for information or compliance, shall be
embodied in memorandum circulars.

General or special orders — Acts and commands of the President in his capacity as commander-
in-chief of the Armed Forces of the Philippines shall be issued as general or special orders.

3. Power over aliens

The President of the Philippines has certain powers over non-Filipinos in the Philippines. The
powers he may exercise over foreigners in the country are as follows:

 The chief executive may have an alien in the Philippines deported from the country after
due process.
 The President may change the status of a foreigner, as prescribed by law, from a non-
immigrant status to a permanent resident status without necessity of visa.
 The President may choose to overrule the Board of Commissioners of the Bureau of
Immigration before their decision becomes final and executory (after 30 days of the
issuance of the decision). The Board of Commissioners of the Bureau of Immigration has
jurisdiction over all deportation cases.
 The president is also mandated by the Administrative Code of 1987 to exercise powers
as recognized by the generally accepted principles of international law.

4. Powers of eminent domain, escheat, land reservation and recovery of ill-gotten wealth

The President of the Philippines has the authority to exercise the power of eminent domain.
The power of eminent domains means the state has the power to seize or authorize the seizure
of private property for public use with just compensation. There are two constitutional
provisions, however, that limit the exercise of such power: Article III, Section 9 (1) of the
Constitution provides that no person shall be deprived of his/her life, liberty, or property
without due process of law. Furthermore, Article III, Section 9 (2), provides that private
property shall not be taken for public use without just compensation.

Once the aforementioned conditions are met, the President may exercise the power of eminent
domain which are as follows:

Power of eminent domain — The President shall determine when it is necessary or

advantageous to exercise the power of eminent domain in behalf of the national government,
and direct the solicitor general, whenever he deems the action advisable, to institute
expropriation proceedings in the proper court.

Power to direct escheat or reversion proceedings— The President shall direct the solicitor
general to institute escheat or reversion proceedings over all lands transferred or assigned to
persons disqualified under the constitution to acquire land.

Power to reserve lands of the public and private domain of the government —

(1) The president shall have the power to reserve for settlement or public use, and for specific
public purposes, any of the lands of the public domain, the use of which is not otherwise
directed by law. The reserved land shall thereafter remain subject to the specific public purpose
indicated until otherwise provided by law or proclamation.
(2) He shall also have the power to reserve from sale or other disposition and for specific public
uses or purposes, any land belonging to the private domain of the government, or any of the
friar lands, the use of which is not otherwise directed by law, and thereafter such land shall be
used for the purposes specified by such proclamation until otherwise provided by law.

Power over ill-gotten wealth — The President shall direct the solicitor general to institute
proceedings to recover properties unlawfully acquired by public officials or employees, from
them or from their nominees or transferees.

Within the period fixed in, or any extension thereof authorized by, the constitution, the
President shall have the authority to recover ill-gotten properties amassed by the leaders and
supporters of the previous regime, and protect the interest of the people through orders of
sequestration or freezing of assets or accounts.

5. Power of appointment

The President may appoint officials of the Philippine government as provided by the
constitution and laws of the Philippines. Some of these appointments, however, may need the
approval of the Committee on Appointments (a committee composed of members from the
House of Representatives and the Senate of the Philippines).

6. Power of general supervision over local governments

The President of the Philippines, as chief executive, has the mandate to supervise local
governments in the Philippines, despite their autonomous status as provided by Republic Act
No. 7160 otherwise known as the Local Government Code of 1991.

Traditionally, this is done by the Department of the Interior and Local Government, headed by a
cabinet secretary—an alter ego of the President.

7. Other powers

Aside from the aforementioned powers of the President of the Philippines, he can also exercise
powers enumerated in the constitution, and powers given to him by law.

VICE PRESIDENT OF THE PHILIPPINES

THE VICE PRESIDENT

The Vice President of the Philippines is elected by direct vote by the people for a term of six
years, and may run for reelection once. The term of the Vice President of the Philippines starts
at noon of the 30th day of June after a regular election is held.
According to the constitution, the vice president may concurrently assume a cabinet position
should the President of the Philippines offer the former one. The vice president will become a
secretary concurrent to the position of vice president.

Aside from the cabinet post, the vice president is mandated to assume the presidency in case of
the death, disability, or resignation of the incumbent President.

THE CABINET SECRETARIES

FUNCTIONS OF A CABINET SECRETARY

Cabinet secretaries act as the alter ego of the President executing, with his authority, the power
of the Office of the President in their respective departments.

The number of cabinet secretaries varies from time to time depending on the need of an
administration. According to the Administrative Code of 1987, the President of the Philippines
may create or dissolve any department as he sees fit.

1. Executive Secretary
2. Secretary of Agrarian Reform
3. Secretary of Agriculture
4. Secretary of Budget and Management
5. Secretary of Education
6. Secretary of Energy
7. Secretary of Environment and Natural Resources
8. Secretary of Finance
9. Secretary of Foreign Affairs
10. Secretary of Health
11. Secretary of Justice
12. Secretary of Labor and Employment
13. Secretary of National Defense
14. Secretary of Public Works and Highways
15. Secretary of Science and Technology
16. Secretary of Social Welfare and Development
17. Secretary of the Interior and Local Government
18. Secretary of Trade and Industry
19. Secretary of Transportation and Communications
20. Secretary of Tourism
21. Commission on Higher Education
22. Director General of the National Economic and Development Authority
A cabinet secretary is the alter ego of the President in their respective departments. Thus, they posses
the power to issue directives relative to their departments, such as department orders. These orders
only apply to offices under a specific department under the cabinet secretary’s jurisdiction. Cabinet
secretaries also act as advisors to the President of the Philippines for their areas.

LOCAL GOVERNMENTS

The executive branch extends beyond the national government. According to Article X, Section
4 of the constitution, the President of the Philippines is mandated to supervise local
governments all over the country. However, because of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, local governments enjoy relative autonomy
from the national government.

Local government units also have the power to create its own sources of revenue and to levy
taxes, fees, and charges that shall accrue exclusively to them.

Each local government has its own chief executive. The following is the list of local chief
executives:

1. barangay — punong barangay (barangay chairman)

2. municipality — municipal mayor
3. city — city mayor
4. province — provincial governor

The local chief executives have the power to approve or veto local ordinances recommended by
the local legislators.

Powers, Roles, Duties, and Function of the Judiciary Department

1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES –

ATICLE VIII
Under Article VIII, Section 1 of the 1987 Philippine Constitution, the judicial power shall be
vested in one Supreme Court and in such lower courts as may be provided by law. This Power
includes the duty to settle actual controversies involving rights that are legally demandable and
enforceable and to determine if any branch or instrumentality of government has acted with
grave abuse of discretion amounting to lack of excess of jurisdiction.
 (also known as the judicial system or ‘court system) is the system of courts that interprets and
applies the law in the name of the state. The judiciary also provide a mechanism for the
resolution of disputes. Under the doctrine of the separation of the powers, the judiciary
generally does not make law ( that is, in a plenary fashion, which is the responsibility of the
legislature) or enforce law (which is the responsibility of the executive), but rather interprets
law and applies it to the facts of each case.

Judicial Power

The Supreme Court has the exclusive power to promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the intergrated bar, and legal assistance to the
underprivileged.

The judicial branch is one of the three independent, coequal, and coordinate branches of the
government. The independence of the Philippine judiciary is manifested in the following:

 Creation of the Judicial and Bar Council

 Expanded power of judicial review
 Fiscal autonomy of the judiciary
 Power to review proclamation of martial law and the suspension of the writ of habeas
corpus
 Security of tenure of the judges
 The Supreme Court as judge in presidential elections

Powers, Roles, Duties, And Functions of the NEDA

NEDA

The National Economic and Development Authority (Pambansang Pangasiwaan sa Kabuhayan

at Pagpapaunlad), abbreviated as NEDA, is an independent cabinet-level agency of the
Philippine government responsible for economic development and planning. It is headed by the
President of the Philippines as chairman of the NEDA board, with the Secretary of Socio-
Economic Planning, concurrently NEDA Director-General, as vice-chairman.
POWERS AND FUNCTION

The powers and functions of the NEDA reside in the NEDA Board. It is the country’s premier
social and economic development planning and policy coordinating body.- The Board is
composed of the President as chairman, the Secretary of Socio-Economic Planning and NEDA
Director-General as vice-chairman, and the following as members: the Executive Secretary and
the Secretaries of Finance, Trade and Industry, Agriculture, Environment and Natural
Resources, Public Works and Highways, Budget and Management, Labor and Employment, and
Interior and Local Government.

 Coordinate activities such as the formulation of policies, plans, and programs to

efficiently set the broad parameters for national and sub-national (area-wide, regional,
and local) development;

 Review, monitor, and evaluate infrastructure projects identified under the

Comprehensive and Integrated Infrastructure Program consistent with the
government’s thrust of increasing investment spending for the growing demand on
quality infrastructure facilities; and

 Undertake critical analyses of development issues and provide policy alternatives to

decision-makers.

NEDA COUNTERPART
Regional Development Council
The Regional Development Council (RDC) is the highest planning and
policy-making body in the region. It serves as the counterpart of the
National Economic and Development Authority (NEDA) Board at the
sub-national level. It is the primary institution that coordinates and sets
the direction of all economic and social development efforts in the
region. It also serves as a forum where local efforts can be related and
integrated with regional and national development activities.
The creation of the RDC answers the need for a single planning body
whose main concern is the overall socio-economic development of the
region. This was an offshoot of the implementation of the Integrated
Reorganization Plan of 1972 which divided the country into
administrative regions.
Regional development planning is necessary to address the uneven
economic and social development in the country. This stems from the
recognition that growth and advancement over the years remain
unevenly distributed and that progress has been concentrated in a few
regions.
In recent years, local autonomy has brought to the fore the need to
empower local chief executives and officials in spearheading
development in their respective jurisdictions. This strengthens and
complements the vital role of the RDC in coordinating local initiatives
that could further accelerate the socio-economic development of the
region
Regional Development Council
The Regional Development Council (RDC) is the highest planning and
policy-making body in the region. It serves as the counterpart of the
National Economic and Development Authority (NEDA) Board at the
sub-national level. It is the primary institution that coordinates and sets
the direction of all economic and social development efforts in the
region. It also serves as a forum where local efforts can be related and
integrated with regional and national development activities.
The creation of the RDC answers the need for a single planning body
whose main concern is the overall socio-economic development of the
region. This was an offshoot of the implementation of the Integrated
Reorganization Plan of 1972 which divided the country into
administrative regions.
Regional development planning is necessary to address the uneven
economic and social development in the country. This stems from the
recognition that growth and advancement over the years remain
unevenly distributed and that progress has been concentrated in a few
regions.
In recent years, local autonomy has brought to the fore the need to
empower local chief executives and officials in spearheading
development in their respective jurisdictions. This strengthens and
complements the vital role of the RDC in coordinating local initiatives
that could further accelerate the socio-economic development of the
region.
Regional Development Council
The Regional Development Council (RDC) is the highest planning and
policy-making body in the region. It serves as the counterpart of the
National Economic and Development Authority (NEDA) Board at the
sub-national level. It is the primary institution that coordinates and sets
the direction of all economic and social development efforts in the
region. It also serves as a forum where local efforts can be related and
integrated with regional and national development activities.
The creation of the RDC answers the need for a single planning body
whose main concern is the overall socio-economic development of the
region. This was an offshoot of the implementation of the Integrated
Reorganization Plan of 1972 which divided the country into
administrative regions.
Regional development planning is necessary to address the uneven
economic and social development in the country. This stems from the
recognition that growth and advancement over the years remain
unevenly distributed and that progress has been concentrated in a few
regions.
In recent years, local autonomy has brought to the fore the need to
empower local chief executives and officials in spearheading
development in their respective jurisdictions. This strengthens and
complements the vital role of the RDC in coordinating local initiatives
that could further accelerate the socio-economic development of the
regi
Regional Development Council

The Regional Development Council (RDC) is the highest planning and policy-making body in the
region. It serves as the counterpart of the National Economic and Development Authority
(NEDA) Board at the sub-national level. It is the primary institution that coordinates and sets
the direction of all economic and social development efforts in the region. It also serves as a
forum where local efforts can be related and integrated with regional and national
development activities.
The creation of the RDC answers the need for a single planning body whose main concern is the
overall socio-economic development of the region. This was an offshoot of the implementation
of the Integrated Reorganization Plan of 1972 which divided the country into administrative
regions.

Regional development planning is necessary to address the uneven economic and social
development in the country. This stems from the recognition that growth and advancement
over the years remain unevenly distributed and that progress has been concentrated in a few
regions.

In recent years, local autonomy has brought to the fore the need to empower local chief
executives and officials in spearheading development in their respective jurisdictions. This
strengthens and complements the vital role of the RDC in coordinating local initiatives that
could further accelerate the socio-economic development of the region.

Questions:

1-3: The three types of resolution

4. The power of the president to direct the solicitor general to institute

_______ or reversion proceedings over all lands transferred or assigned to
persons disqualified under the constitution to acquire land.

5. The power of the President to recover properties unlawfully acquired by

public officials or employee.

6-7: Give atleast two examples of executive departments.

8. The branch of the government responsible for interpreting the law.

REFERENCES:

Links:

Time Retrieved: 11:20AM

Date Retrieved: August 17, 2023

https://www.officialgazette.gov.ph/about/gov/exec/

https://www.officialgazette.gov.ph/about/gov/the-legislativebranch/
#:~:text=Legislative%20process,main%20documents%3A%20bills%20and
%20resolutions
https://www.officialgazette.gov.ph/constitutions/1987constitution/#:~:text=concur
%20with%2amendments.-,SECTION%2025.,shall%20be%20prescribed%20by
%20law

https://www.slideshare.net/jundumaug1/article-8-judicial-department?from_action=save

https://cacj-ajp.org/philippines/judiciary/overview-of-the-philippine-judiciary/

https://www.elcomblus.com/the-roles-and-responsibilities-of-the-philippine-judiciary/

https://sdg.neda.gov.ph/about-neda/#:~:text=The%20NEDA
%20Secretariat%2C%20headed%20by,and%20Legislative
%20branches%20of%20government