November 18, 2022

P PG
Quarter 2 - Week 2

Branches of Government

Executive Branch

Legislative Branch

Judicial Branch
 Executive Branch

• Meaning of Executive Power

Power that requires to be involved and authoritative in order to execute
administrative and enforce laws and regulation.
• Qualifications of the President and Vice President
The qualifications for an individual aspiring to become the President of the
Philippines are outlined in Article VII, Section 2 of the 1987 Constitution.
According to the constitution, an individual may become President provided
he meets the following criteria:
▪︎natural born Filipino;
▪︎a registered voter;
▪︎must be able to read and write;
▪︎40 years of age at the day of the election; and
▪︎must have resided in the Philippines ten years before the election is held.
The Vice-President shall have the same qualifications and term of office and
be elected with and in the same manner as the President.
• Term of Office of the President
The President of the Philippines is elected by direct vote by the people for a
term of six years. He may only serve for one term, and is ineligible for
reelection.
• Article VII, Section 11
Whenever the President transmits to the President of the Senate and the
Speaker of the House of Representatives his written declaration that he is
unable to discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such powers and
duties shall be discharged by the Vice-President as Acting President.
 Executive Branch

• Article VII, Section 12

In case of serious illness of the President, the public shall be informed of the
state of his health. The members of the Cabinet in charge of national
security and foreign relations and the Chief of Staff of the Armed Forces of
the Philippines, shall not be denied access to the President during such
illness.
• Article VII, Section 18
The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion or rebellion.
• Privileges and Power of the President
The president has power to grant reprieves, commutations and pardons, and
remit fines and forfeitures after conviction by final judgment, except in cases
of impeachment. The president can grant amnesty with the concurrence of
the majority of all the members of the Congress.
 Legislative Branch
• Meaning of Legislative Power
The authority of the government to enact laws, repeal or amend them as
well.
The Legislative Power is vested in the Congress of the Philippines which
shall consist of a Senate and a House of Representatives, except to the
extent reserved to the people by the provision on initiative and referendum.
(the power of congress to make laws.)
• Meaning of Law
Refers to the statutes which are the written enactments of the legislature
governing the relations of the people among themselves or between them
and the government and its agencies.
Rules established by an instrumentality of the State—usually the Congress—
that either direct conduct, prohibit conduct, impose rights or duties, or
repeal or modify another law.
• Function of Laws Article VI, Section 1
The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the
extent reserved to the people by the provision on initiative and referendum.
Through laws, the legislative defines the rights and duties of citizens,
imposes taxes, appropriates funds, defines crimes and provide for their
punishment, creates and abolishes government offices, determine their
jurisdication and functions, and in general, regulates human conduct and the
use of property for the promotion of the common good.
• Principle of Separstion of Powers
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.
 Legislative Branch

• Principle of Check and Balance

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.
This doctrine grants certain powers to the executive, legislative, and judicial
branches of government as a way of balancing and checking each other.

• The Senate Article VI,Section 2

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.

• The House of Representatives Article VI, Section 5

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 Senate and House of Congress Qualifications to become a member of

the House of Representatives:

▪︎a natural-born citizen of the Philippines.

▪︎at least twenty-five years old;
▪︎is able to read and write; and
except the party-list representatives, a registered voter and a resident for
at least one year in the district where s/he shall be elected.

• Permanent Senate Committee

Standing Committees are permanent committees established under the
standing rules of the Senate and specialize in the consideration of particular
subject areas. The Senate currently has 16 standing committees. Joint
Committees include membership from both houses of Congress.
 Legislative Branch

• Privileges and Powers of the Congress and Senate

1.1. Constitutional Basis
Privilege speech is a parliamentary privilege enjoyed by a Member of
Congress provided for in Section 11, Article VI of the Constitution. It
states as follows:
Sec. 11. A Senator or Member of the House of Representatives shall, in
all offenses be punishable by not more than six years imprisonment,
be privileged from arrest while the Congress is in session. No Member
shall be questioned nor be held liable in any other place for any
speech or debate in Congress or in any committee thereof.

1.2 Rules of the Senate

This is contained in Section 110, Rule XL, Rules of the Senate, which
provides as follows:
Sec. 110. After the consideration of the matters contained in the
Calendar for Special Orders, a Senator may forthwith request for and
avail of the privilege to speak for one (1) hour on any matter of public
interest.
If more than one (1) Senator wish to avail of the same privilege, the
Senator who first announced his intention shall be given priority.
The period of time allowed in this section may, upon motion of the
Senator on the floor be extended for such time as may be necessary
for him to finish his speech unless a majority of all the Senators vote
against such extension.

• The Law Making Process

Bills are laws in the making. They pass into law when they are approved by
both houses and the President of the Philippines.
The following provisions of the Constitution outline the power of Congress
to enact laws and legislation:
1. Every bill passed by the Congress shall embrace only one subject
which shall be expressed in the title thereof. (Article VI, Section 26(1),
Philippine Constitution of 1987)
 Legislative Branch

2. No bill passed by either House shall become a law unless it has

passed three readings on separate days, and printed copies thereof in
its final form have been distributed to its Members three days before
its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon
the last reading of a bill, no amendment thereto shall be allowed, and
the vote thereon shall be taken immediately thereafter, and the yeas
and nays entered in the Journal. (Article VI, Section 26(2).)
3. Every bill passed by the Congress shall, before it becomes a law, be
presented to the President. If he approves the same, he shall sign it;
otherwise, he shall veto it and return the same with his objections to
the House where it originated, which shall enter the objections at
large in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall
agree to pass the bill, it shall be sent, together with the objections, to
the other House by which it shall likewise be reconsidered, and if
approved by two-thirds of all the Members of that House, it shall
become a law. In all such cases, the votes of each House shall be
determined by yeas or nays, and the names of the Members voting for
or against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof; otherwise, it shall
become a law as if he had signed it. (Article VI, Section 27.)

• Article VI, Section 11

A Senator or Member of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment, be
privileged from arrest while the Congress is in session. No Member
shall be questioned nor be held liable in any other place for any
speech or debate in the Congress or in any committee thereof.
 Judicial Branch

• Meaning of Judicial Power

Article VIII, Section 1Judicial 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.

• Article VIII, Section 4 Composition of the Supreme Court

(1) The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in its discretion, in
division of three, five, or seven Members. Any vacancy shall be filled
within ninety days from the occurrence thereof.
(2) All cases involving the constitutionality of a treaty, international or
executive agreement, or law, which shall be heard by the Supreme
Court en banc, and all other cases which under the Rules of Court are
required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations,
shall be decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the case
and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved

with the concurrence of a majority of the Members who actually took
part in the deliberations on the issues in the case and voted thereon,
and in no case without the concurrence of at least three of such
Members. When the required number is not obtained, the case shall
be decided en banc: Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc or in division may
be modified or reversed except by the court sitting en banc.
 Judicial Branch

• Article VIII, Section 7 Qualifications for Members of the Judiciary

(1) No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the
Philippines. A Member of the Supreme Court must be at least forty
years of age, and must have been for fifteen years or more, a judge of a
lower court or engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower
courts, but no person may be appointed judge thereof unless he is a
citizen of the Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence,
integrity, probity, and independence.

• The Judicial Bar Council

The Judicial and Bar Council (JBC; Filipino: Sangguniang Panghukuman at
Pang-abogasya) of the Philippines is a constitutionally-created body that
recommends appointees for vacancies that may arise in the composition of
the Supreme Court, other lower courts, and the Legal Education Board, and
in the offices of the Ombudsman, Deputy Ombudsman and the Special
Prosecutor.

• Composition of the Judicial Bar Council

SEC. 8 (1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a representative of the Congress as
ex officio Members, a representative of the Integrated Bar, a professor of
law, a retired Member of the Supreme Court, and a representative of the
private sector.

• Quasi-Judicial Agencies Article VIII, Section 1

A quasi-judicial agency or body isan organ of government other than a court
and other thana legislature, which affects the rights of private parties
through either adjudication or rule-making. The very definition of an
administrative agency includes itsbeing vested with quasi-judicial powers.
A "quasi-judicial function" is a term which applies to the action, discretion,
etc. of public administrative officers or bodies, who are required to
investigate facts, or ascertain the existence of facts, hold hearings, and draw
conclusions from them, as a basis for their official action and to exercise
discretion of a judicial nature.
 Judicial Branch

• Powers and Jurisdiction of the Supreme Court

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.

• Article VIII, Section 14 Meaning of Decision, Forms of Decision of Court

No decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the

court shall be refused due course or denied without stating the legal basis
therefor.
CREATIVE WRITING
ACTIVITY NOTEBOOK

Krizel Frances C. Estor

HUMSS 6 - MAKATI

Ms. Wendie Cagadas

SUBJECT TEACHER