The Philippine Government
Structures and Powers
* DIFFERENT BRANCHES OF THE PHILIPPINE GOVERNMENT
The structure of the Philippine government is divided into three branches: * the Legislative Department (Article 6);
* the Executive Department (Article 7); and
* The Judicial Department (Article 8).
* THE PRINCIPLE OF SEPARATION OF POWERS
The powers of the government, by virtue of this principle are divided into three (3) distinct classes: the legislative, the executive and the judicial. They are distributed, respectively among the legislative, executive, and judicial branches or departments of the government.
Under the principle of co-equal and coordinate powers among the three (3) branches, the officers entrusted with each of these powers are not permitted to encroach upon the powers confided to the others. If one department goes beyond the limits set by the Constitution, its acts are null and void. The adoption of this principle was motivated by the belief that arbitrary rule would result if the same person or body were to exercise all the powers of the government.
* PRINCIPLE OF CHECKS AND BALANCES
The three co-equal departments are established by the constitution in as balanced positions as possible. To maintain this balance or to restore it if upset, each department is given certain powers with which to check the others. Checks by the President
| Checks by the Congress
| Checks by the Judiciary
| * may veto or disapprove bills enacted by the Congress (Sec. 27:1) * Through pardoning power, he may modify or set aside the judgments of courts (Art. VII, Sec 19)
| * Congress may override the veto of the President (Sec. 27:1) * Reject certain appointments of the President (Art. VII, Sec. 16) * Revoke the proclamation of martial law or suspension of the writ of habeas corpus by the President (Art. VII, Section 18) * Amend or revoke the decision of the Court by the enactment of a new law or by an amendment of the old * The power to impeach the President and the members of the Supreme Court.
| * the Supreme Court as the final arbiter may declare legislative measures or executive acts unconstitutional (Art. VIII, Sec 4:2) * Determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Congress or President (Art. VIII, Sec. 2:2)
* QUALIFICATIONS OF THE OFFICIALS OF THE NATIONAL GOVERNMENT PRESIDENT AN V-PRESIDENT
| SUPREME COURT
* natural-born citizen of the Philippines * a registered voter * able to read and write * at least forty (40) years of age on the day of the election * a resident of the Philippines for at least ten (10) years immediately preceding the election.
| SENATORS * a natural born citizens of the Philippines * at least 35 years of age on the day of the election * able to read and write * a registered voter * a resident of the Philippines for not less than two (2) years immediately preceding the day of the electionHOUSE OF REPRESENTATIVES * a natural-born citizen of the Philippines * at least 25 years of age on the day of the election * able to read and write * except for a party-list representative, a registered voter in the district in which he shall be elected * a resident thereof for a period of not less than one year preceding the electionADDITIONAL QUALITICATION FOR PARTY-LIST REPRESENTATIVES: a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election
| * he must be a natural-born citizen of the Philippines * he must be at least forty (40) years of age * he must have, for fifteen (15) years or more, been a judge of a lower court or engaged in the practice of law in the Philippines * he must be a person of proven competence, integrity, probity and independence.
| LEGISLATIVE DEPARTMENT
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