Alni Dorothy Alfa R.

Emphasis July 25, 2019

Introduction to Law

The 3 Branches of the Philippine Government and their Co-Equal and

Independent Powers

History would tell us why the Philippine Government is modeled with the
America. It was during the American regime that the Philippines had drafted its
own constitution upon its brave pursuit of forming its own stable democratic
government (but still modelled on the Americans). And so just like the US
Government, our Philippine Government is primarily composed of the three
branches: Executive, Legislative and the Judiciary.

As a democratic government where power cannot be vested in one sole authority

or cannot be given too much power by itself, these branches is designed, as
clearly indicated in our Philippine Constitution to have co-equal, individual and
respective vested powers to rule the country, subject to the execution of their
indispensable major functions which is the performance of checks and balances.

First, the Executive Branch, which enforces and implements laws. The Executive
branch is basically headed by the President of the country and his appointed
Cabinet members, who basically serves as the President’s “alter-ego” in the
performance of his executive duties and responsibilities and in Philippine
governance. Cabinet members (who are the President’s advisers and
Secretaries/Heads of the different Departments) have their respective
responsibilities to focus on the implementation of the priority programs the
President has entrusted to their care in their respective department assignments.

Moreover, the President as the head of the state and also the chief executive is
subject to significant checks and balances from the two other branches
(Legislative and Judiciary) to avoid monopoly of power and authority, which the
country has learned its lesson during the time of Marcos’ regime when he
performed martial law despotism and power was made absolute on his favor. It
was on this reason that in the amended constitution, the 1987 Philippine
Constitution, a repeat of national emergency situations like this has already been
safeguarded against possible reoccurrence.

As the primary law enforcer and law implementor, it is the executive branch’s
duty to make sure that all laws passed by the legislative branch are being duly
enforced nationwide. However, when laws are being violated, it is now the
responsibility of the Judicial branch to interpret the laws and execute due process
in litigating/mitigating cases to violating parties.
Another relevant example which I can state here showing the execution of
checks and balances is the declaration of martial law in Mindanao by President
Rodrigo Roa Duterte, brought by the Marawi siege which has just ended recently.

Just like in this example, the President could declare martial law, “but not for a
period longer than 60 days. Congress can revoke this decision by a majority
vote, or it can also extend it for a period to be determined by the Congress.
Additionally, the Supreme Court can review the declaration to decide if there
were sufficient facts to justify martial law.”

In addition, the President, as the head of the Executive Branch can “grant
pardons and amnesty” and is capable and empowered to make or accept foreign
loans as the Chief Diplomat of the country. However, he cannot enter into
treaties without the consent of the Senate (Legislative Branch) through
ratification.

Second, the Legislative Branch. “The legislative power is vested in a Congress

which is divided into two Houses, the Senate and the House of Representatives.
The 24 members of the Senate are elected at large by a popular vote and can
serve no more than two consecutive 6-year terms. The House is composed of
250 elected members. Most of these Representatives are elected by district for
3-year terms, but 20% of the total membership is chosen in proportion to party
representation.”

Aside from the exclusive power to legislate or to make laws, one of the most
important powers of Congress is “the ability to declare war”, which can be done
through a “two-thirds vote in both houses”. Even the power to legislate, however,
is subject to an executive check. After the third and final reading the bill shall be
submitted to the President for his approval. “The President retains the power to
veto a bill passed by both houses” but “Congress may override this veto only with
a two-thirds vote in both houses”.

Third, the Judiciary, which they call it the “sleeping giant” or the one who
interprets and evaluates laws. “The Court system in the Philippines exercises the
judicial power of government and it is made up of a Supreme Court and lower
courts created by law. The Supreme Court is a 15-member court appointed by
the President without need for confirmation by Congress. Appointment, however,
is limited to a list of nominees presented to the President by a constitutionally-
specified Judicial and Bar Council. This Council consists of 7 members: the Chief
Justice of the Supreme Court, the Secretary of Justice, a representative from
Congress, a representative of the Integrated Bar, a professor of law, a retired
member of the Supreme Court, and a representative of the private sector. The
first four serve for four years, the law professor for three, the retired Justice for
two, and the private sector representative for one year.”
The Supreme Court Justices may hear, on appeal, any cases dealing with the
constitutionality of any law, treaty, or decree of the government, cases where
questions of jurisdiction or judicial error are concerned, or cases where the
penalty is sufficiently grave. Concerning the two (2) other branches of the
government, it is the judiciary who penalizes any wrong-doings like grave abuse
or neglect of duty once confirmed, in the execution of their individual functions.

Specifically, it may also exercise original jurisdiction over cases involving

government or international officials. There have been a lot of administrative
cases filed against various government officials brought about the performance
of their functions.

In the case of former President Joseph Ejercito Estrada, he was impeached upon
having violated the constitution under various grounds, including but not limited
to having “betrayed public trust and violated his own oath of office when he
unduly intervened in the Securities and Exchange Commission on behalf of a
presidential crony,” “violated the Constitution and stands guilty of graft and
corruption when he participated directly in the real estate business thru family-
controlled corporation which constructed 36 townhouses in Vermont Park,
Executive Village, Antipolo City,” among others.

The Supreme Court also is charged with overseeing the functioning and
administration of the lower courts and their personnel.#

Online Sources:

https://junior.scholastic.com/issues/2017-18/090417/the-three-branches-of-
government.html
https://philnews.ph/2016/06/30/pres-rody-duterte-final-complete-list-cabinet-
members/
http://constitutionnet.org/country/constitutional-history-philippines
http://www.chanrobles.com/legal11impeachmentcomplaint.htm#.XTlfki-B3wc