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Principles of Checks and Balances

This document discusses the principles of checks and balances in the Philippine government. It describes how the Philippine constitution established a tripartite system with separate legislative, executive, and judicial branches to prevent monopoly of power. Each branch performs different functions and provides checks on the others to prevent abuse of power. Specifically, the judiciary can declare laws or executive acts unconstitutional, the president can veto bills and pardon crimes, and congress can override vetoes, reject appointments, and impeach the president or justices. The document then provides details on the structure of the Philippine Congress, which consists of the Senate and House of Representatives. [/SUMMARY]

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Cyrinne Rodriguez
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418 views1 page

Principles of Checks and Balances

This document discusses the principles of checks and balances in the Philippine government. It describes how the Philippine constitution established a tripartite system with separate legislative, executive, and judicial branches to prevent monopoly of power. Each branch performs different functions and provides checks on the others to prevent abuse of power. Specifically, the judiciary can declare laws or executive acts unconstitutional, the president can veto bills and pardon crimes, and congress can override vetoes, reject appointments, and impeach the president or justices. The document then provides details on the structure of the Philippine Congress, which consists of the Senate and House of Representatives. [/SUMMARY]

Uploaded by

Cyrinne Rodriguez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Principles of Checks and Balances

The essence of a presidential form of government is the


adoption of the principle of separation of powers and a
system of checks and balances (Ayson & Reyes, 2000;
Heywood, 2002; Ranney, 2003). Legal luminaries are of
the agreement that the monopoly of power is fatally
inimical to the principle of democracy. This resulted to a
tripartite structure of government in the Philippines
under the 1987 Constitution: legislative, executive, and
the judiciary. Each branch performs different functions
(i.e. legislative makes, alters and repeals laws; executive
implements laws; judiciary applies and interprets laws).
Under the separation of powers doctrine, governmental
power cannot be possessed by one person or body only
to prevent the concentration of power or group of
persons as this may lead to its abuse and to tyranny
(Manuel, 1999).

Checks by the Judiciary


o as the final arbiter may declare
legislative measures or executive acts
unconstitutional (Art. VII, Sec 4:2)
o 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. VII,
Sec 2:2)
THE PHILIPPINE CONGRESS (Legislative Branch)
According to the 1987 Constitution, legislative power
shall be vested in the Congress of the Philippines. It is a
bicameral body consisting of the Senate (upper house)
and the House of Representatives (lower house).
The Senate
The senate is composed of 24 senators half of which are
elected every three years. Each senator, therefore, serves
a total of six years.
Qualifications

a natural born citizen 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
years immediately preceding the day of the
election

The House of Representatives

Checks by the President (Executive)


o may veto or disapprove bills enacted by
the Congress (Sec. 27:1)
o through pardoning power, he may
modify or set aside the judgments of
courts (Art. VII, Sec 19)
Checks by the Congress (Legislative)
o may override the veto of the President
(Sec. 27:1)
o reject certain appointments of the
President (Art. VII, Sec. 16)
o revoke the proclamation of martial law
or suspension of the writ of habeas
corpus by the President (Art. VII, Sec.
18)
o amend or revoke the decision of the
court by the enactment of a new law or
by an amendment of the old
o the power to impeach the President and
members of the Supreme Court

The House of Representatives is composed of a


maximum of 250 congressmen. They are elected to a
three-year term. They can be re-elected, but cannot serve
more than three consecutive terms.
Qualifications
a natural-born citizen of the Philippines
at least 25 years of age at the day of election
able to read and write
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 election in the district he
represents

Prepared by:
CYRINNE B. RODRIGUEZ
4th year BSEMAPEH

~ Good day!

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