The Three Branches of WEEK 9-11

Philippine Government
AERON JOHN A. AMIN, PhD
Subject Teacher
MELC: Analyze the
roles and powers of the
executive branch of the
government.
EXECUTIVE DEPARTMENT
Article VII
Lesson Objectives:
1. Explain the roles and powers of the
Philippine president.
2. Analyze how contemporary Philippine
presidents exercised their powers
3. Critique the Philippine presidents’
exercise of power
 SEPARATION OF POWERS

The Philippine government takes place in an organized

framework of a presidential, representative, and
democratic republic whereby the president is both the
head of state and the head of government. This system
revolves around three separate and sovereign yet
interdependent branches: the legislative branch (the law-
making body), the executive branch (the law-enforcing
body), and the judicial branch (the law-interpreting body).
 CHECKS AND BALANCES

The Philippines is a republic with a presidential form of

government wherein power is equally divided among its three
branches: executive, legislative, and judicial. The government
seeks to act in the best interests of its citizens through this
system of check and balance.

The Checks and Balances system provides each branch of

government with individual powers to check the other branches
and prevent any one branch from becoming too powerful.
THE EXECUTIVE BRANCH

Charged with the execution and

administration of a country’s laws

In general, the executive branch sets

the direction of national policy
EXECUTIVE POWER

 It is the power to enforce and administer

the laws (Cooley, Constitutional
Limitation, 8th ed., p. 183)
 The executive power is vested in the
President of the Philippines (Art. VII, Sec.
1)
QUALIFICATIONS

 Natural Born Citizen

 A Registered Voter
 Able to Read and Write
 Atleast 40 years of age on the day of election
 Resident of the Philippines for atleast ten
years immediately preceding the election.
Term of Office Election
• The President and Vice- 1.)Regular – Second Monday of
President shall be elected by May, every six years
the people for six (6) years. 2.)Special-
(Art. VII, Sec 4(1) a.) Death, Disability, Removal from
• Shall not be eligible for any office or Resignation
re-election b.) Vacancies occur more than
• No Person who has succeded eighteen months before next
as President xxx for more election
than 4 years shall be c.) A law passed by congress
qualified xxx (Art. VII, Sec 4)
“I, do solemnly swear that I will faithfully and
conscientiously fulfill my duties as President of
the Philippines, preserve and defend its
Constitution, execute its laws, do justice to
every man, and consecrate myself to the service
of the Nation. So help me God.”
SALARIES
President
Shall receive an annual salary of three
hundred thousand pesos (Php 300,000).

Vice – President
Two hundred forty thousand pesos.
VICE PRESIDENT

• Qualifications are same with the

President.
• Eligible for the position of member of the
Cabinet(no need for CA confirmation)
• Allowed to serve for two successive terms.
SEAL OF THE VICE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES
PRESIDENTIAL SUCCESSION

2 sets of rule:
a.) Occurring before the term
b.) Occurring mid-term
RULES ON SUCCESSION

Vacancy at the beginning of the term:

 Death or permanent disability of the President-elect
 VP-elect shall become President
 President-elect fails to qualify
 VP-elect shall ACT as president until the President-elect
 shall have qualified.
 President shall not have been chosen:
 VP-Elect shall ACT as president until a President shall have been chosen
& qualified.
RULES ON SUCCESSION

 No President and VP chosen or qualified, or both have died or become permanently disabled:
 SENATE PRESIDENT in an acting capacity
 In case of inability
 SPEAKER OF THE HOUSE in an acting capacity
 Until a president or a VP shall have been chosen and qualified.
 IN THE EVENT OF INABILITY OF BOTH, who shall ACT as President?
 CONGRESS SHALL BY LAW PROVIDE FOR THE MANNER IN WHICH
ONE WHO IS TO ACT AS PRESIDENT SHALL BE SELECTED UNTIL A
PRESIDENT OR A VP SHALL HAVE QUALIFIED.
RULES ON SUCCESSION

VACANCY DURING THE TERM

Death, permanent disability, removal from office, or

resignation of the President
VP SHALL become President
RULES ON SUCCESSION

 Death, permanent disability, removal from office, or resignation of President

AND Vice president:
 SENATE PRESIDENT - acting capacity
 In case of inability
 SPEAKER OF THE HOUSE - acting capacity
 Until a president or a VP shall have been chosen and qualified.
 CONGRESS SHALL BY LAW PROVIDE FOR THE MANNER IN WHICH
ONE WHO IS TO ACT AS PRESIDENT SHALL BE SELECTED UNTIL A
PRESIDENT OR A VP SHALL HAVE QUALIFIED.
 TEMPORARY DISABILITY

 When the President TRANSMITS to the SP and the SH

 Written Declaration that he is unable to discharge the powers and duties of his office, and until
he transmits to them a written declaration to the contrary: such powers and duties shall be
discharged by the VP as ACTING President.
 Majority of ALL the Members of the CABINET TRANSMIT to the SP and SH:
 Written Declaration that the P is unable to discharge the
 powers and duties of his office
 VP IMMEDIATELY assumes the powers and duties of the Office as ACTING PRESIDENT
 President transmits Written Declaration that NO inability exists,
 Reassume the powers of the office of the President
 TEMPORARY DISABILITY

 Should a majority of the CABINET MEMBERS transmit within 5 days to the SP and
SH
 Written declaration that the P is unable to discharge the powers and duties of his office,
CONGRESS SHALL DECIDE THE ISSUE.
 Congress shall convene, if not in session, within 48 hours.
 Within 10 days from receipt of last written declaration or, if not in session, within 12
days after it is required to assemble, Congress determines by a vote of 2/3 vote of both
Houses voting Separately, that the president is unable to discharge the powers and
duties of his office, the VP shall act as President, otherwise, the President shall
continue exercising the powers and duties of his office.
 Constitutional Duty of Congress in case of vacancy
in the offices of the President and the VP:

 At 10AM of the 3rd day after the vacancy occurs, Congress shall convene w/o the
need of a call, and within 7 days, enact a law calling for a special election to elect
a President and VP to be held not earlier than 45 nor later than 60 daysfrom the
time of such call.

 NO SPECIAL ELECTION SHALL BE CALLED IF THE VACANCY OCCURS

WITHIN 18 MONTHS BEFORE THE DATE OF THE NEXT PRESIDENTIAL
ELECTION.

 Removal of the President: Impeachment. Sec. 2&3, Art. XI

 PROHIBITIONS AND INHIBITIONS

1. No increase in salaries during the term.

2. Shall not receive emoluments
3. Shall not hold any other office.
4. Shall not, directly or indirectly, practice any other profession, business,
or be financially interested in any other contract with franchises of the
government.
5. Avoid conflict of interest in the conduct of their office
6. May not appoint spouse or relatives by consanguinity or affinity within
4th civil degree (ART. VII, SECTIONS 6, 13)
POWERS OF THE PRESIDENT
1. Executive Power
2. Power of Appointment
3. Power of Removal
4. Power of Control
5. Military Powers
6. Pardoning Power
7. Borrowing Power
8. Diplomatic Power
9. Budgetary Power
10. Informing Power
11. Residual Power
12. Other Powers
1. EXECUTIVE POWER
 President shall have the control of all executive
departments, bureaus, and offices. He shall ensure
that laws are faithfull executed (Art. VII, Sec.17)
 Until and unless a law is declared
unconstitutional, the President has a duty to
execute it regardless of his doubts as to its
validity(Faithful Execution Clause) (Cruz, Phil. Political Law)
2. POWER OF APPOINTMENT
 Selection by the authority vested with the power, of an
individual who is to exercise the functions of a given
office.
 Kinds of Presidential Appointment(Sec.15)
 Appointment made by an Acting President
 Midnight Appointment
 Regular Presidential Appointment
 Ad-Interim Appointment
2. POWER OF APPOINTMENT

APPOINTMENT – the act of designation

by the executive officer, board, or body
to whom the power has been
delegated, of the individual who is to
exercise the functions of a given office.
2. POWER OF APPOINTMENT
Section 14. Appointments extended by an Acting President
shall remain effective, unless revoked by the elected President
within ninety days from his assumption or reassumption of office.

Acting President:
• Exercises the powers & functions of the Office of the President
• NOT the incumbent President
• has not become a President to serve the unexpired portion of the
term
2. POWER OF APPOINTMENT
1. Executive Secretary
2. Secretary of Agrarian Reform 15. Secretary of Science and Technology
3. Secretary of Agriculture 16. Secretary of Social Welfare and
4. Secretary of Budget and Management Development
5. Secretary of Education 17.Secretary of the Interior and Local
6. Secretary of Energy Government
7.Secretary of Environment and Natural 18. Secretary of Trade and Industry
Resources 19.Secretary of Transportation and
8. Secretary of Finance Communications
9. Secretary of Foreign Affairs 20. Secretary of Tourism
10.Secretary of Health 21. Commission on Higher Education
11. Secretary of Justice 21. Director General of the National
12. Secretary of Labor Economic and Development Authority
and Employment
13. Secretary of National
Defense
14.Secretary of Public Works and
2. POWER OF APPOINTMENT
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. POWER OF APPOINTMENT
Section 16. The President shall nominate and with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other
public ministers and consul, or officers of the armed forces from the rank of colonel or
naval captain and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in the courts, or in the heads of
department, agencies, commissions, or boards.

The President shall have the power to make the appointments during the recess of the
Congress whether voluntary or compulsory, but such appointments shall be effective
only until disapproval by the Commission on Appointments or until the next
adjournment of the Congress.
KINDS OF PRESIDENTIAL APPOINTMENTS

1. Regular appointments
2. Ad interim appointments
• Voluntary- before the adjournment
• Compulsory- when Congress adjourns
STEPS IN APPOINTING PROCESS
1. Appointment to acceptance.

Kinds of Acceptance:
• Express- when done verbally or in writing; and
• Implied- when, without formal acceptance, the
appointee enters upon the exercise of the duties and
functions of an office.
APPOINTMENT VS. DESIGNATION
DESIGNATION- simply the mere imposition of new
or additional duties upon an officer already in the
government service (or any other competent
person) to temporarily perform the functions of an
office in the executive branch when the officer
regularly appointed to the office is unable to
perform his duties or there exists a vacancy.
3. POWER OF REMOVAL
 General Rule: This power is implied from
the power to appoint(Cruz)

Exception – Those appointed by him where

the Constitution prescribes certain
methods for separation from public service.
4. POWER OF CONTROL
 Control – The power of an officer to alter, modify,
nullify, or set aside what a subordinate officer had done
in the performance of his duties and to substitute the
judgement of the former for that of the latter.

 Supervision – Overseeing or the power or authority of

an officer to see that subordinate officers perform their
duties. If the latter fail or neglect to fulfill them, then
the former may take such action or steps as prescribed
by law to make them perform these duties.
Doctrine of Qualified Political Agency or
Alter Ego Principle

The multifarious executive and administrative

functions of the Chief Executive are performed
by and through the executive departments.
The acts of the Secretaries of Executive
departments in the regular course of business
or unless disapproved are presumptively the
acts of the Chief Executive.
 5. MILITARY POWERS
1. Commander-in-Chief clause
 To call out the Armed Forces to prevent or suppress
lawless violence, invasion or rebellion(whenever it
becomes necessary);
 Vested directly by the Constitution
 Authority to declare a state of rebellion
 Military Tribunals are simply instrumentalities of the
executive power provided by the legislature for the
Commander-in-Chief to aid him in enforcing discipline
in the armed forces.
 5. MILITARY POWERS
2. Suspension of writ of Habeas Corpus
 A writ directed to the person detaining another, commanding him to produce the
body of the prisoner at a designated time and place, the object of which is the
liberation of those who may be in prison without sufficient cause.
 Ground for suspension: invasion, rebellion, when public safety requires it

Effects of suspension of Writ:

 does not affect the right to bail
 Applies only to persons facing charges of rebellion
 The arrested must be charged within 3 days; if not they must be released
 Does not supersede civilian authority.
 5. MILITARY POWERS
3. Martial LAW
– Grounds for declaration: Invasion and Rebellion
• The following cannot be done:
– Suspend the operation of the Constitution
– Supplant the function of the civil courts and legislative
assemblies
– Violate Open Court Doctrine(civilians cannot be tried by
military courts if the civil courts are open and functioning)
– Automatically suspend the writ of Habeas Corpus
Constitutional Limitations of Martial Law
and the suspension of privilege of Habeas Corpus:

 Not more than 60days, unless extended by the

Congress.
 President to report to congress within 48 hours.
 Authority of the congress to revoke or extend.
 Authority of the Supreme Court to inquire of
the factual basis for such action.
6. PARDONING POWER
The pardoning power extends to all offenses, including
criminal contempt (disrespect to or disobedience to a court
which amounts to a crime). It does not give the President
the power to exempt, except from punishment, anyone from
the law.
Pardon- Act of grace which exempts individual from
punishment which the law inflicts.
PARDONING POWER (Section 19)

As to effect:
a.)Plenary or b.)Partial

As to presence of condition: a.)Conditional

Pardon or b.)Absolute Pardon
PARDONING POWER (Section 19)

Amnesty – A general pardon to rebels for their

treason or political offence; it so overlooks and
obliterates the offnse with which he is charged.
Person released by amnest stands before the
law precisely as though he had committed no
offense.
 Other forms of Executive Clemency:
 Reprieve- postponement of the execution of a death
sentence to a certain date.
 Commutation- reduction of the sentence imposed to a
lesser punishment, as from death to life imprisonment. It
may be granted without the acceptance and even against
the will of the convict.
 Pardon- act of grace proceeding from the power
entrusted with the execution of the laws which exempts
the individual on whom it is bestowed, from the
punishment law inflicts for a crime he has committed.
 Other forms of Executive Clemency:
 Parole – release from imprisonment, but without full
restoration of liberty(in custody of law although not in
confinement
 Remission of fines and forfeiture – Prevents the
collection of fines and confiscation of forfeited property;
cannot affect rights of third party and money already in
the treasury.
 Limitations upon pardoning power
1. It may not be exercised for offenses in
impeachment cases
2. It may be exercised only after conviction by final
judgement
3. It may not be exercised over civil contempt
4. In case of violation of election law or rules and
regulations, no pardon, parole, or suspension of
sentence may be granted without the recommendation
of the Commission on Elections.
 Effects of Pardon
1. It removes penalties and disabilities and restores
him to his full civil and political rights.
2. It does not discharge the civil liability of the
convict to the individual he has wronged as the
President has no power to pardon a private
wrong.
3. It does not restore offices, property, or rights
vested in others in consequence of the
conviction.
 Pardon and amnesty distinguished
1. Pardon is grated by the President alone after conviction, while
amnesty with the concurrence of Congress before or after conviction
2. Pardon is an act of forgiveness, while amnesty is the act of
forgetfulness.
3. Pardon is grated for infractions of the peace of the State, while
amnesty, for crimes against the sovereignty of the State.
4. Pardon is a private act of the President which must be pleaded and
proved by the person who claims to have been pardoned, while
amnesty by proclamation of the President with the concurrence of
Congress is a public act of which the courts will take judicial notice.
7. BORROWING POWER (SECTION 20)

 The President may contract or guarantee foreign

loans on behalf of the Republic with the
concurrence of the Monetary Board, subject to
such limitations as may be provided by law.
 The Monetary board shall submit to the
Congress report on loans within 30 days from the
end of every quarter.
Authority to contract and guarantee
foreign loans

1. Exclusive executive function

2. Concurrence of Monetary Board
required
3. Checks by Congress
8. DIPLOMATIC POWER (SECTION 21)

 No treaty or international agreement shall be valid and effective

unless concurred in by atleast 2/3 of all the Members of the Senate
 The power to ratify is vested in the President, subject to the
concurrence of the Senate.
 Other foreign affairs powers:
a.) power to make treaties
b.) the power to appoint ambassadors, public ministers, and consuls
c.) power to receive ambassadors and other public ministers d.)
Deportation Power
8. DIPLOMATIC POWER (SECTION 21)

Treaty- compact made two or more

states, including international
organizations of states, intended to
create binding rights and obligations
upon the parties thereto.
Steps in treaty- making:

Negotiation

Approval or
ratification
9. BUDGETARY POWER
 Within 30 days from the opening of every regular
session, President shall submit to Congress a
budget or expenditures and sources of financing,
including receipts from existing and proposed
revenue measure.
 Congress may not increase the appropriation
recommended by the President for the operation of
the Government as specified in the budget.
10. INFORMING POWER
 The President shall address Congress at the
opening of its regular session. He may also
appear before it at any other time.
 The information may be needed for the basis of
legislation(Cruz)
 The President usally discharges the informing
power through what is known as the State of the
Nation Address
 11. OTHER POWERS
a.) Call to Congress to a special session b.) Approve or veto
bills
c.) Deport Aliens
d.) Consent to deputization of government personnel by COMELEC
and discipline them
e.) Exercise emergency(war, law, limited, necessary) and Tariff
powers
f.) Power to classify or reclassify lands
Directions: Cite four powers of the Philippine President and
briefly explain each to complete the diagram below. Write Activity 1
your answers on a separate sheet of paper.

Powers of the
Philippine President
Directions: Answer the following questions. Write Activity 2
your answers on a separate sheet of paper.

1.Why is the position of the Philippine

President considered important in our
society?

2.What legacy would you like to create

for the Philippines suppose you are
Directions: Suppose you are the new President of the
Philippine Government. Compose a speech that you will Activity 3
deliver to the Filipino people. Write it on a separate sheet
of paper.

Your output will be graded using the

criteria below:

Content – 25 points
Structure – 10 points
Word choice – 5 points
Grammatical accuracy - 5 points
LEGISLATIVE DEPARTMENT Article VI
MELC: Differentiate the
roles and responsibilities of
the Philippine Senate and
the House of
Representatives
Lesson Objectives:
1. Identify the qualification and composition
of Legislative Branch of Philippine
Government.
2. Explain the duties and responsibilities of
the Philippine Senate and the House of
Representatives.
3. Discuss the legislative process exercised
by the legislative department.
 BASIC STRUCTURE
There are two basic structures for legislative branches of government:

1. Unicameral
 The legislative branch consists of one chamber/house

2. Bicameral
 Legislative power is vested in two chambers/houses
 THE PHILIPPINE CONGRESS
The Philippine Congress is the country’s legislative department
(Art. VI, Sec. 1)

 Congress is bicameral
Upper House: Senate
Lower House: House of Representatives

N.B.: Senators are Congressmen

 The Legislative Branch

 From the Latin lex, legis meaning law

 The legislative branch broadly deals with

the making, deliberation over, enactment,
amendment and repealing of laws
 COMPOSITION OF LEGISLATIVE DEPARTMENT

 24 Senators elected at large. (Section 2)

 200 district reps, 50 party list. (Section 5,

para. 1-4)
 QUALIFICATIONS (SENATE)

 Natural-born citizen
 At least 35 years old on election day
 Literate (can read and write)
 Registered voter
 Philippine resident for 2 years prior to
election day
 QUALIFICATIONS (CONGRESS)

 Natural-born citizen
 At least 25 years old on election day
 Literate (can read and write)
 Registered voter of the district District
resident for 1 year prior to election day
TERM OF OFFICE

 SENATE: 6 years, Maximum of

2 terms. (Section 4)
 CONGRESS: 3 years,
Maximum: 3 terms. (Section 7)
SALARIES (Art. XVIII, Sec. 17)
“The President of the Senate and the
Speaker of the House shall receive an
annual salary of P 240,000, and the
Senators and the members of the House
of Representatives shall receive
P204,000 each per year...”
 IN CASE OF VACANCY (Section 8 and 9)

 Vacancy can be filled through regular election

 Special elections can be called for the purpose of
filling the vacancy
 In either circumstance, the one elected merely
sits for the unexpired term
 STRUCTURE AND DYNAMICS

 Senate President and House Speaker elected by majority

vote
 Other officers, procedures and the discipline of its
members is at the discretion of each house
 Quorum: Majority
 Each House maintains a journal and record of
proceedings
 Neither House can adjourn without the other’s consent
while in session
OFFICERS OF THE SENATE

President
President Pro-tempore Majority Floor
Leader Minority Floor Leader Secretary
Sgt.-at-Arms
 SENATE COMMITTEES

Committee on Accountability of Public Officers

and Investigations
Committee on Accounts Committee on Agrarian
Reform
Committee on Agriculture and Food
Committee on Banks, Financial Institutions and
Currencies
 SENATE COMMITTEES

Committee on Civil Service and Government

Reorganization
Committee on Constitutional Amendments,
Revision of Codes and Laws
Committee on Cooperatives Committee on Cultural
Communities
Committee on Economic Affairs
 SENATE COMMITTEES

 Committee on Education, Arts and Culture

 Committee on Energy
 Committee on Environment and Natural Resources
 Committee on Ethics and Privileges
 Committee on Finance
 Committee on Foreign Relations
 SENATE COMMITTEES

 Committee on Games, Amusement and Sports

 Committee on Government Corporations and
Public Enterprises
 Committee on Health and Demography
 Committee on Justice and Human Rights
 SENATE COMMITTEES

 Committee on Labor, Employment and Human

Resources Development
 Committee on Local Government
 Committee on National Defense and Security
 Committee on Peace, Unification and
Reconciliation
 SENATE COMMITTEES

 Committee on Public Information and Mass

Media
 Committee on Public Order and Illegal Drugs
 Committee on Public Services
 Committee on Public Works
 Committee on Rules
 SENATE COMMITTEES

 Committee on Science and Technology

 Committee on Social Justice, Welfare and Rural
Development
 Committee on Tourism
 Committee on Trade and Commerce Committee on
Urban Planning, Housing and Resettlement
 SENATE COMMITTEES

 Committee on Ways and Means

 Committee on Youth, Women and Family Relations
OFFICERS OF THE HOUSE OF
REPRESENTATIVES

 Speaker
 Deputy Speakers
 Majority Floor Leader
 Minority Floor Leader
 HOUSE COMMITTEES (58 Committees)

 Accounts
 Cooperatives Development
 Dangerous Drugs
 Ecology Economic Affairs Foreign Affairs
 Games and Amusements
 Health
 Human Rights
 HOUSE COMMITTEES (58 Committees)

 Justice
 Labor and Employment
 Local Government
 Metro Manila Development
 Mindanao Affairs
 Muslim Affairs
 Population and Family Relations
 HOUSE COMMITTEES (58 Committees)

 Social Services
 Trade and Industry
 Veterans Affairs and Welfare
 Women and Gender Equality, and etc.
PARLIAMENTARY IMMUNITIES
PARLIAMENTARY PRIVILEGES (Section 10)

Congressmen have two parliamentary privileges

while Congress is in session:

1. Privilege from arrest

Immunity from offenses punishable by not more than six
years imprisonment
2. Privilege of speech and debate
Immunity from libel and slander
SESSIONS (Section 15)

 Regular Session
 Special Session
 Joint Session
 Executive Session
POWERS OF CONGRESS
 Appointment of Public Officials (Section 19)
 Legislative inquiry and investigation (Section 21)
 Declare the existence of a state of war (Section 23,
para. 2)
 Ratify the country’s international treaties (Senate).
(Article 18, Section 4)
 Authorize limited emergency powers for the President
(Section 23, para. 2)
POWERS OF CONGRESS
 Approve the government budget (Section 25)
 Undertake projects under the CDF
 Propose, review, and adopt bills for enactment into
law
 Overturn a Presidential veto with respect to proposed
legislation
 Allow for referenda
 Propose amendments to the constitution and call for a
constitutional convention
LEGISLATIVE LIMITATIONS
Congress may not:
1. Increase appropriations recommended by the executive
branch
2. Pass tax exemptions without the concurrence of a majority of
its members
3. Grant titles of nobility
4. Pass ex post facto bills
5. Pass bills of attainder
PASSAGE OF A BILL
A bill is essentially a proposed law by the
legislative department. Each house may
propose a bill, when the House of
Representatives proposes one, it shall be
called a House Bill, and when the Senate
initiates a proposal, it shall be called a
Senate Bill.
PASSAGE OF A BILL
1.First Reading
2.Second Reading
3.Floor Debates
4.Printing and Distributions
5.Third Reading
6.Transmitted to the Other House
7.Submission to Joint Bicameral Committee
8.Approval of Consolidated Bill by Both Houses
9.Submission to the President
10. Approval or Veto Power of the President
VETO POWER OF THE PRESIDENT
Particularly:

a. Every bill must be presented and approved by the President;

b. In case, the President disapproves a bill, he exercises veto power and
returns it, with his objection, to the House where it originated;
c. In case the House, after such deliberation, considered the bill as
proposed, a 2/3 vote may carry its power to override the veto.
COMPONENTS OF LAW
1. Title – refers to the subject matter of the law, or the Act carried by the
legislative department, and the executive as well.
2. Preamble – introduces the objectives for the enactment of the Act and
explains the general reasons for such legislation.
3. Enacting Clause – refers to the collective and distinct will of both
Houses to enact an act or a bill. Enacting clause specifically states the
reason for the legislation Act.
4. Body – pertains to the total substance or content of the proposed bill.
Directions: Answer the following questions. Write Activity 1
your answers on a separate sheet of paper.

1. . What are the importance of laws and

legislation in politics and governance?

2.Why is the legislative branch of

government considered important in our
government and in our society as a
Directions: Suppose you are a legislator in the
Philippine Congress. Propose a bill that you would like to Activity 2
be approved into a law. Use the following format:

Parts Proposed Bill

I. Title

II. Preamble

III. Enacting Clause

IV. Body
JUDICIAL DEPARTMENT
Article VIII
JUDICIARY

Judiciary - (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 provides a
mechanism for the resolution of disputes.
JUDICIARY POWER (SECTION 1)
“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 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.”
SCOPE OF JUDICIAL POWER

 Adjudicatory Power
 Judicial Review
 Incidental Power
SUPREME COURT

 Final decision maker

 Highest court of the
land
CLASSES OF COURT

1. Constitutional Court
 Provided by the constitution
 One Supreme Court
2. Statutory Courts
 Creations of law
o Legislative
 Lower courts
o Courts below the Supreme Court
STATUTORY COURT
REGULAR
 Court of Appeals
 Regional Trial Court
 Metropolitan Trial Court
 Municipal Trial Court
 Municipal Circuit Trial Court

STATUTORY COURT
SPECIAL
 Sandiganbayan
o Review cases filed against government officials

 Court of Tax Appeals

o Review appeals on the decisions of the BIR
QUASI-JUDICIAL AGENCIES
 Agencies under the Executive Department
performing duties similar to the Judicial
Department

 Make pronouncements and judgements on certain

issues
o Commission on Elections
o National Labor Relations Commission
o Securities and Exchange Commission
QUASI-JUDICIAL AGENCIES
 They render judgements just like the
Judicial Department, yet they form part of
the Executive Department
COMPOSITION (Section 4 (1))

 1 Chief Justice
 14 Associate Justices
POWERS THE JUDICIAL BODY
1. Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
(Section 5, 1)
2. Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts . (Section 5,
2)
POWERS THE JUDICIAL BODY
3. Assign temporarily judges of lower courts to other
stations as public interest may require. Such
temporary assignment shall not exceed six
months without the consent of the judge
concerned. (Section 5, 3)
4. Order a change of venue or place of trial to avoid
a miscarriage of justice. (Section 5, 4)
POWERS THE JUDICIAL BODY
5. 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 integrated bar, and legal
assistance to the under-privileged. (Section 5, 5)
6. Appoint all officials and employees of the Judiciary
in accordance with the Civil Service Law. (Section
5, 6)
POWERS THE JUDICIARY

1. Settle disputes concerning consuls or diplomats

 They enjoy immunity from domestic suits or cases
2. Petition for Certiorari
 Special civil action requesting a lower court or body to
transmit the records to the superior court for review
3. Prohibition
 Writ by which the superior court prohibits the lower
court or body to stop further proceedings
POWERS THE JUDICIARY
1. Mandamus
 Order by a superior court to a lower court to do
perform a certain act which it is bound to do so
2. Quo Warranto
 Action by the government to recover an office or
franchise from an individual unlawfully holding it
3. Automatic Review of Cases sentenced by lower court
with Reclusion Perpetua or Death Penalty
QUALIFICATIONS (Section 7)
 Natural-born Philippine citizen
 At least 40 years old
 At least 15 years experience of being Judge at the lower
court or engaged in the practice of law
 Person of proven competence, integrity, probity and
independence
 For lower court Judges, natural-born citizenship
requirement is not necessary
MEMBERS OF THE SUPREME COURT

The Members of the Supreme Court and judges of lower

courts shall be appointed by the President from a list of at
least three nominees preferred by the Judicial and Bar Council
for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issued the

appointment within ninety days from the submission of the
list. (SECTION 9)
SECTION 11
“The Members of the Supreme Court and judges of the lower
court shall hold office during good behaviour until they reach
the age of seventy years or become incapacitated to discharge
the duties of their office. The Supreme Court en banc shall
have the power to discipline judges of lower courts, or order
their dismissal by a vote of majority of the Members who
actually took part in the deliberations on the issues in the case
and voted in thereon.”
HEARING PROCEDURE
 In performance of their job, are they required to always
meet as a single group of 15?
 Due to the huge volume of pending cases filed at them
 En banc

 Divisions of three members (5 divisions)

 Divisions of five members (3 divisions)

 Divisions of seven members (2 divisions)

- Gravity and importance of the case
- At least three judges agreeing
EN BANC SESSIONS
 Constitutionality Issues
o treaty, international law, executive agreement, laws
o presidential decrees, proclamations, and orders
 Majority of the members of the judiciary who
participated in the hearing
 If majority votes were not obtained, constitutionality
is upheld
 15 members – quorum is 8 – votes required is only 5
EN BANC SESSIONS
 Constitutionality Issues
o treaty, international law, executive agreement, laws
o presidential decrees, proclamations, and orders
 Majority of the members of the judiciary who participated
in the hearing
 If majority votes were not obtained, constitutionality is
upheld
 15 members – quorum is 8 – votes required is only 5
 Administrative proceedings for the dismissal of a judge of a
lower court
EN BANC SESSIONS
 Cases where majority vote is not obtained at the lower
courts
o Division with 3 members
o Majority vote is equals to? 3 votes.
o What will happen if two judges agreed, the other disagreed?
 Case will be decided by en banc
 Modifying decisions in cases decided in an en banc
session
Directions: Answer the following questions. Write Activity 1
your answers on a separate sheet of paper.

1. Is the Philippine judicial system

democratic? Does it guarantee the fair
and just application of the law?

2. Why is the Philippine Judiciary

considered important in our government
and in our society as a whole?
ADVOCACY POSTER Activity 2

Directions: On a separate sheet of

paper, create an Advocacy Poster
illustrating the importance of Philippine
Judiciary in our society. Use symbols
that signify concepts or ideas that are
related with the positive roles of the
1234567890-=
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Directions: On a separate sheet of
paper, create an Advocacy Poster
illustrating the importance of Philippine
Judiciary in our society. Use symbols
that signify concepts or ideas that are
related with the positive roles of the