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Three-bRanches-of-the-Government............................................................................................ (recovery).pptx
- 1.
- 2. Learning Objectives At the endof the lesson, we will be able to: 1. Identify the role and power of the three branches of the government, 2. Lay down its functions in the Philippine government, and 3. Appreciate the essence of checks and balances and the separation of power of its branches of the Government.
- 3. Migs Zubiri Martin Romualdez AlexanderG. Gesmundo Bong Bong Marcos
- 4. The Philippines isa republic with a presidential form of government wherein power is equally divided among its three branches:legislative, executive, and judicial.
- 6. The principle ofseparation of Power • Under the principle of co-equal and coordinated power among the three (3) Branches, the officers entrusted with each of these powers are not permitted to encroach upon the power confided to the others.
- 7. Legislative Department -The powerto enact, repeal, amend, and revise laws for implementation. -This power is delegated to the Congress ( Senator and Representative) The Bicameral Legislature is composed of two Chambers. Upper House- Senate Lower House-Representatives
- 8. “The legislative powershall be vested in the Congress of the Philippines which shall consist of a House of the Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum” (Sec.1 Art.6, 1987 Constitution)
- 9. House of Representatives (250 Members) Electivefrom the legislative district in the provinces, cities, and municipalities House of the Senators (24 Senators) Elected nationally by People Composition of Legislative Branches
- 10. House of Representatives 3 consecutiveterms are allowed with 3 years House of the Senators 2 consecutive terms allowed within 6 years Terms of Office
- 11. House of Representatives - Natural-borncitizen -registered voter -resident not less than 1 yr. -At least 25 yrs old House of the Senators - Natural-born citizen -registered voter -resident not less than 2 yrs. -At least 35 yrs Qualifications
- 12. OTHER LEGISLATIVE POWER 1.Congress has the power to remove from office impeachable government officials, including the President, Vice President, members of the Supreme Court, members of the constitutional commission, and the Ombudsman 2. “Congress has the sole power to declare the existence of a state of war”
- 13. OTHER LEGISLATIVE POWER 3.Congress can revoke the president’s Proclamation of martial law by a vote of at least a majority of all members of the Senate and the house Representatives. 4. Congress may authorize the president to exercise power to carry out a declared national policy
- 14. OTHER LEGISLATIVE POWER 5.Congressional committees can conduct hearings "in aid of legislation” on various issues that affect the nation and release a report based on findings. 6. Congress is also involved in the national Budget Process. It can decide whether or not to add or reduce a government agency’s budget effectively overseeing budget appropriation and being on guard against suspected corruption.
- 15. OTHER LEGISLATIVE POWER 7.Congress, through the Commission on Appointments, can approve or reject some key appointments made by the president to government agencies 8. Congress needs to concur with any amnesty granted by the president
- 16. OTHER LEGISLATIVE POWER 9.Congress is heavily involved in starting charter change. It can either convene into a Constituent Assembly ( Through a vote of three- fourth of all members)
- 17. Executive Branch ofGovernment In charge of the execution and administration of a country’s laws. In general, the execution and administration of a country’s laws.
- 19. Term of officeof the President President Vice President 6 years, without re-election 6 years with re- election but 3 successive terms not allowed
- 20. The Power ofExecutive Branch 1. The executive branch is headed by the President who functions as both the head of state and the head of government.( Administrative Power) 2. The president heads all executive departments. The department is made up of cabinet members, who are appointed by the president and subject to the approval of the Commission on Appointments.
- 21. The power ofthe Executive Branch 3. The president is also the Commander-in-Chief of the Armed Forces of the Philippines. • 1. To call out the armed forces to prevent violence • 2. Create a military tribunal to investigate issues of violation of military law. • 3. Power to suspend the writ of habeas corpus a. Suspension of habeas corpus will be could when there is an invasion or rebellion. b. Call for public safety
- 22. The power ofthe Executive Branch 4. The president has the power to grant reprieves, commutations, and pardons and remit fines and forfeitures, after conviction by final judgment. The pard
- 23. The Executive Branch 5.Powers to Contract and Guarantee Foreign Loans on Behalf of the Republic of the Philippines (Article VII, Section 20, 1987 PhilippineConstitution) 6. Budgetary Powers The President is authorized by the Constitution to prepare the budget of receipts and expenditures based on existing and proposed revenue measures and other resources of financing and to submit it to Congress within 30 days from the opening of each regular session.
- 24. The power ofExecutive Branch 7. Emergency Powers: -During times of national emergency or calamity, the President may exercise emergency powers to address the situation effectively. This includes the authority to issue executive orders and take actions necessary to protect public safety and welfare. 8. Veto Power: The President can veto bills passed by Congress. While Congress can override a presidential veto with a two-thirds majority vote, the President still holds significant influence over the legislative process through this power.
- 25. Judiciary Branch ofGovernment The judicial power was vested in one Supreme Court and lower courts but its scope was only limited to interpreting laws and deciding legal disputes but not reviewing any decision done with grave abuse of discretion by any government agency or instrumentality.
- 26. The qualification ofthe members of the judiciary The qualification of the members of the judiciary includes the minimum age of 40 years, natural- born citizen, being a member of the Philippine bar, at least 15 years of experience as a judge or practicing lawyer, and a person of proven competence, integrity, probity, and independence.
- 27. The power vestedto the Judiciary Department 1.Interpretation of Laws- One of the primary functions of the judiciary is to interpret laws and ensure they are applied correctly in cases brought before them. This includes interpreting statutes, regulations, and constitutional provisions. 2. Adjudication of Disputes- Courts resolve disputes between individuals, organizations, or between citizens and the state. They hear evidence presented by both sides and make decisions based on the law and facts presented.
- 28. The power vestedto the Judiciary Department 4.Judicial Review- In some legal systems, particularly those with a written constitution, the judiciary has the power of judicial review. This allows courts to review the actions of the legislative and executive branches to ensure they are constitutional. If a law or action is found to be unconstitutional, the judiciary can declare it void. 4. Protection of Rights: Courts protect individual rights and liberties by enforcing constitutional guarantees and interpreting laws in a manner that upholds fundamental rights.
- 29. The power vestedto the Judiciary Department 5.Enforcement of Contracts: The judiciary enforces contracts between parties, ensuring that agreements are honored and parties are held accountable for breaches. 6. Issuing Injunctions and Orders: Courts have the authority to issue injunctions and orders to stop certain actions, compel specific actions, or prevent harm or injustice. 7. Contempt Powers: Courts have the power to hold individuals or entities in contempt if they fail to comply with court orders or disrupt court proceedings.
- 30. The power vestedto the Judiciary Department 8.Punishment: Courts have the authority to impose penalties, such as fines, imprisonment, or other forms of punishment, on individuals or entities found guilty of violating the law. 9. Administrative Review: In some legal systems, courts have the power to review decisions made by administrative agencies to ensure they are lawful and consistent with established legal principles.
- 37.
Editor's Notes
- #7 The Philippines has a bicameral legislature, which means that it is composed of two chambers - the Philippine Senate (the Upper House) and the House of Representatives (the Lower House)
- #8 The legislative branch of government typically holds the power to create, amend, and repeal laws. This branch is responsible for representing the people’s interests and making decisions on behalf of the population. In most democratic systems, the legislative branch is structured with a bicameral or unicameral legislature, consisting of elected representatives who debate and vote on proposed legislation. The legislative branch also often has the authority to oversee government operations, approve budgets, declare war (in some systems), and perform other important functions necessary for the functioning of the state.
- #12 Impeachment: The House of Representatives has the sole power to initiate impeachment proceedings against high-ranking officials, such as the President, Vice President, Supreme Court justices, and members of the Constitutional Commissions.
- #13 In cases of invasion or rebellion, Congress has the power to revoke or extend a proclamation of martial law declared by the President.
- #14 Congress exercises oversight over the executive branch by conducting investigations, inquiries, and hearings to ensure accountability and transparency in governance.
- #15 Confirmation of Appointments: The Senate has the authority to confirm or reject appointments made by the President, including those for cabinet members, ambassadors, and justices of the Supreme Court.
- #17 The executive power is vested in the executive department. It is the power to enforce and administer the laws [Sec. 1, Art.VII]. In other words, the executive office is the one who execute the statutes passed by the Congress. They implement and ensure that laws are duly executed and abide by its citizens. The power of the president is not absolute unlike in Brunei and other countries that have absolute-monarchy type of government. The roles of the executive branch can be found in Article VII of 1987 Philippine Constitution.
- #19 In the 1987 Constitution, the term of the President has been reduced to six (6) without reelection.
- #20 The President has the power of control over the executive departments of the government and supervisory powers over all local government units (LGUs) such that of the province, city, municipality and barangay. 2. Power of Appointment Article VII, Section 16 of the 1987 Constitution grants the President with the power to appoint officials of various government. The heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel and naval captain, regular members of the Judicial and Bar Council, chairmen and members of the constitutional commissions are appointed by the President and confirmed by the Philippine Congress. The President also appoints, without legislative confirmation, the members of the commissioners of the Constitutional Commissions.
- #21 Powers of the President as Commander-in-Chief includes the power to: 1. call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion; and 2. create military tribunals to try persons who violate military laws or commit crimes against national security. 3. the suspension of habeas corpus is a legal concept that involves the temporary removal of the right of individuals to challenge their detention or imprisonment before a court.
- #22 1. Reprieve. It is the postponement of the execution of a death sentence to a certain date. 2. Suspension. This refers to the postponement of an execution of death to an indefinite time. It can be performed on the next day, week or month depending on the order of the President. 3. Communitation- This refers to the reduction of sentence imposed to a lesser punishment, as from death penalty to life imprisonment. It can be granted without theacceptance and even against the will of the prisoner. 4. Pardon. This is an 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 the law inflicts from a crime he has committed. Pardoning Power: The President has the authority to grant reprieves, commutations, and pardons for offenses against the Philippines, except in cases of impeachment.
- #23 The President can contract or guarantee loans with multilateral institutions like the World Bank and International Monetary Fund (IMF) or other regional banks. But this needs the concurrence of the Monetary Board of the Central Bank.
- #24 The President can contract or guarantee loans with multilateral institutions like the World Bank and International Monetary Fund (IMF) or other regional banks. But this needs the concurrence of the Monetary Board of the Central Bank.
- #25 The judiciary acts as a check on the powers of the other branches, ensuring that their actions are consistent with the constitution and the law.
- #26 The Judicial and Bar Council (JBC) is tasked by the Constitution to screen the applicants to the judiciary. In the case of the justices of the Supreme Court, the JBC submits to the President a short list of qualified candidates. The President is the appointing officer for members of the judiciary.