LEGISLATIVE DEPARTMENT EXECUTIVE DEPARTMENT
Legislative power is vested in the Congress of the Philippines Executive power is vested in the President of the Philippines
(Bicameral Legislature)
Senate (Upper House)
House of Representatives (Lower House)
Legislative power is essentially the authority under the Executive power is the power to administer the laws, which
Constitution to make laws & subsequently, when the need arises, means carrying them into practical operation & enforcing their
to alter & repeal them due observance
Senate: 24 Senators President & Vice-President
-natural born citizen of the Philippines -natural born citizen of the Philippines
-at least 35 years of age on the day of the election -at least 40 years of age on the day of the election
-able to read & right -able to read & right
-a registered voter -a registered voter
-a resident of the Philippines for not less than 2 years -a resident of the Philippines for at least 10 years immediately
immediately preceding the day of the election preceding the day of the election
House of Representatives: Not more than 250 members
-natural born citizen of the Philippines
-at least 25 years of age on the day of the election
-able to read & right
-except for a party-list representative, a registered voter in the
district in which he shall be elected
-a resident of the Philippines for not less than 1 year
immediately preceding the day of the election
SENATOR PRESIDENT
Term of office: 6 years Term of office: 6 years
Maximum Terms: not more than 2 consecutive terms Maximum Terms: 1 term & not eligible for re-election
HOUSE OF REPRESENTATIVES VICE-PRESIDENT
Term of office: 3 years Term of office: 6 years
Maximum Terms: not more than 3 consecutive terms Maximum Terms: not more than 2 consecutive terms
Regular Election: second Monday of May
They begin to serve their term of office at noon of June 30
Electoral Tribunal: Sole judge of all contests relating to the Supreme Court (sitting en banc): Sole judge of all contests
election, returns, & qualifications of the members of Senate & relating to the election, returns, & qualifications of the president
House of Representatives or vice-president
*Each house has its own Electoral Tribunals*
CLASSIFICATION OF POWERS OF CONGRESS
1.) General legislative power- is the power to enact laws 3.) Implied powers- they are essentially or necessary to the
intended as rules of conduct to govern the relations among effective exercise of the powers expressly granted like:
individuals & the state The power to conduct inquiry & investigation in aid of
2.) Specific powers- they are powers which the constitution legislation
expressly directs or authorizes Congress to exercise like: To punish for contempt
The power to choose who shall become president in To determine the rules of its prceedings...etc..
case or more candidates have an equal & highest 4.) Inherent Powers- they are the powers which are possessed
number of votes & can be exercised by every government because they exist as
To confirm certain appointments by the president an attribute of sovereignty
To promote social justice Power of taxation
To declare existence of war Police power
To impose taxes Power of eminent domain
To appropriate money
To impeach…etc..
PRINCIPLE OF SEPARATION OF POWERS PRINCIPLE OF CHECK & BALANCES
PRESIDENTIAL SYSTEM: Doctrine of Separation of Powers Checks and balances refers to the different mechanisms that
entails the: prevents one branch of government from gaining too much
division of the powers of the government into three power and dominating the other branches. The Executive –
distinct classes: the legislative, the executive, & the President, Legislative – Congress and Judiciary – Supreme
judicial Courts – all have various powers over one another.
the distribution of these powers to the 3 major
branches of the government (legislative, executive, 1.) Check by the President:
judiciary) To Congress To the Judiciary
Legislative Branch- is generally limited to the -The president may veto or -Through the pardoning
enactment of the law disapprove bills enacted by power, the president may
Executive branch- is generally limited to the Congress modify or set aside
implementation of the law judgements of courts
Judicial Branch- is generally limited to the
interpretation & application of laws in specific cases 2.) Check by the Congress:
To the Executive To the Judiciary
NOTE: THERE IS NO ABSOLUTE SEPARATION OF THE THREE -Congress may override the -Congress may revoke or
BRANCHES OF GOVERNMENT veto of the president amend decisions of the
-Reject certaincourts by the enactment of
appointments of thenew law or amendment of
president the old
-Congress may revoke the -Congress has the power to
proclamation of martial law define, prescribe, &
or suspension of the apportion the jurisdiction of
privilege of the writ of the various courts, prescribe
habeas corpus the qualifications of the
judges of lower courts
-Congress determines the salaries of the president, vice-
president, the members of the Supreme Court, judges of
lower courts, & impeach president & members of the
Supreme Court
3.) Check by the Judiciary:
To Congress To the Executive
-The Supreme Court determines whether there has been a
grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of Congress or the President
-The Supreme Court as the final arbiter may declare
legislative measures or executive acts unconstitutional
