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Branches of Phil Govt

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Philippine Government

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). Executive power is exercised by the government under the leadership of the president.
Legislative power is vested in both the government and the two-chamber congress—the Senate (the upper
chamber) and the House of Representatives (the lower chamber). Judicial power is vested in the courts with
the Supreme Court of the Philippines as the highest judicial body.

Executive Branch
The executive branch is headed by the President who functions as both the head of state and the head of
government. The president is also the Commander-in-Chief of the Armed Forces of the Philippines. The
president is elected by popular vote to a term of six years. The president, then, appoints (and may dismiss)
his/her cabinet members whom he/she presides over. The executive seat of government is administered
officially from Malacañang Palace—also the official residence of the president—in Manila. The President
may no longer run for re-election, unless he/she becomes president through constitutional succession and
has served for no more than four years as president.

The second highest official, the vice-president is first in line to succession should the president resign, be
impeached or die in office. The vice-president usually, though not always, may be a member of the
president's cabinet. If there is a vacancy in the position of Vice President, the President will appoint any
member of Congress (usually a party member) as new Vice President. The appointment will be validated
by a three-fourths vote of Congress voting separately.

Legislative Branch
The remainder of the House seats are designated for sectoral representatives elected at large through a
complex "party list" system, hinging on the party receiving at least 2% to 6% of the national vote total. The
upper house is located in Pasay City, while the lower house is located in Quezon City. The district and
sectoral representatives are elected with a term of three years. They can be reelected but they are no longer
eligible to run for a fourth consecutive term. The senators are elected to a term of six years. They can be
reelected but they are no longer eligible to run for a third consecutive term. The House of Representatives
may opt to pass a resolution for a vacancy of a legislative seat that will pave way for a special election. The
winner of the special election will serve the unfinished term of the previous district representative; this will
be considered as one elective term. The same rule applies in the Senate however it only applies if the seat is
vacated before a regular legislative election.

Judiciary Branch
The judiciary branch of the government is headed by the Supreme Court, which has a Chief Justice as its
head and 14 Associate Justices, all appointed by the president on the recommendation of the Judicial and
Bar Council. Other court types of courts, of varying jurisdiction around the archipelago, are the:

Lower Collegiate Courts


 Court of Appeals
 Court of Tax Appeals
 Sandiganbayan
Regular Courts
 Regional Trial Courts
 Metropolitan Trial Courts
 Municipal Trial Courts
 Municipal Trial Courts in Cities
 Municipal Circuit Trial Courts
Muslim Courts
 Sharia District Courts
 Sharia Circuit Courts

THREE
BRANCHES OF
GOVERNMENT
How the Philippine Government Is Organized

The Philippines is a republic with a presidential form of government wherein power is equally divided
among its three branches: executive, legislative, and judicial.
One basic corollary in a presidential system of government is the principle of separation of powers
wherein legislation belongs to Congress, execution to the Executive, and settlement of legal
controversies to the Judiciary.

 The Legislative branch is authorized to make laws, alter, and repeal them through the power
vested in the Philippine Congress. This institution is divided into the Senate and the House of
Representatives.

 The Executive branch carries out laws. It is composed of the President and the Vice
President who are elected by direct popular vote and serve a term of six years. The
Constitution grants the President authority to appoint his Cabinet. These departments form a
large portion of the country’s bureaucracy.

 The Judicial branch evaluates laws. It holds the power to settle controversies involving


rights that are legally demandable and enforceable. This branch determines whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the
part and instrumentality of the government. It is made up of a Supreme Court and lower
courts.

Each branch of government can change acts of the other branches as follows:

 The President can veto laws passed by Congress.

 Congress confirms or rejects the President's appointments and can remove the President from
office in exceptional circumstances.

 The Justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by
the President and confirmed by the Senate.

The Philippine government seeks to act in the best interests of its citizens through this system of
checks and balances.

The Constitution expressly grants the Supreme Court the power of Judicial Review as the power to
declare a treaty, international or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance or regulation unconstitutional. 

Legislative Department

The Legislative Branch enacts legislation, confirms or rejects Presidential appointments, and has the
authority to declare war. This branch includes Congress (the Senate and House of Representatives)
and several agencies that provide support services to Congress.

 Senate –  The Senate shall be composed of twenty-four Senators who shall be elected at large
by the qualified voters of the Philippines, as may be provided by law.

 House of Representatives – The House of Representatives shall be composed of not more


than two hundred and fifty members, unless otherwise fixed by law, who shall be elected
from legislative districts apportioned among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their respective inhabitants, and on the basis of
a uniform and progressive ratio, and those who, as provided by law, shall be elected through a
party-list system of registered national, regional, and sectoral parties or organizations.

The party-list representatives shall constitute twenty per cent of the total number of representatives
including those under the party list. For three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by
law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided by law, except the religious sector.

Executive Department

The executive branch carries out and enforces laws. It includes the President, Vice President, the
Cabinet, executive departments, independent agencies, and other boards, commissions, and
committees.

Key roles of the executive branch include:

 President – The President leads the country. He/she is the head of state, leader of the national
government, and Commander in Chief of all armed forces of the Philippines. The President
serves a six-year term and cannot be re-elected.

 Vice President – The Vice President supports the President. If the President is unable to serve,
the Vice President becomes President. He/she serves a six-year term.

 The Cabinet – Cabinet members serve as advisors to the President. They include the Vice
President and the heads of executive departments. Cabinet members are nominated by the
President and must be confirmed by the Commission of Appointments.

Judicial Department

The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if
laws violate the Constitution. 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. The judicial branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution.

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