3 BRANCHES

of the
GOVERNMENT

LEGISLATIVE

EXECUTIVE

JUDICIARY

Principle of SEPARATION OF POWERS

- each government branch is not permitted to
encroach upon the powers confided to others.
Arbitrary rule would result if the same body is to
exercise all the powers of the government.

Principle of CHECKS AND BALANCES

- authorizing a considerable amount of
encroachment or checking by one branch in the
affairs of the others. Each branch is given certain
powers with which to check the others.

Pres.may disapprove bills enacted by Congress

Congress may reject appointments by the Pres.
Judiciary may declare unconstitutional laws
enacted by the Congress

EXECUTIVE ORDER NO. 464

September 26, 2005
to implement the Constitutional provisions on
the separation of powers between co-equal
branches of the government, all heads of
departments of the Executive Branch of the
government shall secure the consent of the
President prior to appearing before either
House of Congress.

Supreme Court ruling on E.O. 464

Congress undoubtedly has a right to information from the

executive branch whenever it is sought in aid of legislation.
If the executive branch withholds such information on the
ground that it is privileged, it must so assert it and state the
reason therefor and why it must be respected.
The infirm provisions of E.O. 464, however, allow the
executive branch to evade congressional requests for
information without need of clearly asserting a right to do so
and/or proffering its reasons therefor. By the mere expedient
of invoking said provisions, the power of Congress to
conduct inquiries in aid of legislation is frustrated. That is
impermissible.

Executive privilege covers all confidential or

classified information between the President
and the public officers, including:

Military, diplomatic and other national security matters

which in the interest of national security should not be
divulged
Information between inter-government agencies prior
to the conclusion of treaties and executive agreements
Discussion in close-door Cabinet meetings
Matters affecting national security and public order

ARTICLE VI
Legislative
Department

Basic Structures
There are two basic structures for legislative
branches of government:

Unicameral

1.

The legislative branch consists of one

chamber/house

Bicameral

2.

Legislative power is vested in two

chambers/houses

The Philippine Congress

The Philippine Congress is the countrys
legislative department (Art. VI, Sec. 1)

Congress is bicameral
Upper House: Senate
Lower House: House of Representatives

N.B.: Senators are Congressmen

Advantages of Bicameralism

Allows for a body for a body with a national

perspective to check the parochial tendency of
representatives.
Allows study of legislation
Less susceptible to control by the Executive
Serves as training ground for national leaders

The Legislative Branch

From the Latin lex, legis meaning
law
The legislative branch broadly deals
with the making, deliberation over,
enactment, amendment and repealing
of laws

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 .

Legislative Power
- power to make laws, and subsequently, to
alter and repeal them

Kinds of Legislative Power

Republican Systems:
Original possessed by the sovereign people
Derivative that which has been delegated by the
sovereign people to the legislative bodies and is
subordinate to the original powerof the people
Power according to its application:
Constituent power to amend the
Constitution
Ordinary power to pass ordinary laws

Powers of Congress may be inherent (like the determination of its

rules of proceedings and discipline of its members) or implied (like
the power to punish for contempt in legislative investigations).
The people, through amendatory process, can exercise constituent
power, and, through initiative and referendum, legislative power.

Limits on Legislative Power

Substantive curtail the contents of the law
(no law maybe passed which impairs freedom
of speech
Procedural curtail the manner of passing
laws (bill need be approved by the President
before it becomes law)

Non-delegability
Non-delegability of Legislative Power
There are three theories that advance the nondelegability of legislative power:
Separation of Powers- keeps the responsibility for
the creation of statutes to the legislative branch
Due Process- the process by which the powers are
separated and safeguarded demand that legislation
come from the legislative
Delegata potestas non potest delegari- which means
that which has been delegated to you cannot be
further delegated by you

2 test of Valid Delegation

1. be compete in itself it must set forth therein
the policy to be carried out or implemented
by the delegated agency
2. fix a standard the limits of which are
sufficiently determinate or determinable, to
which the delegate must conform in the
performance of his functions.

SECTION 2.
The Senate shall be composed of 24
Senators

Senate

Composition

Qualifications

Term of Office

24 Senators elected at large

Natural-born citizen
At least 35 years old on election
day
Literate (can read and write)
Registered voter
Philippine resident for 2 years
prior to election day
6 years
Maximum: 2 terms

SECTION 3.
No person shall be a Senator unless he is
a natural-born citizen of the Philippines,
and, on the day of the election, is at least
thirty-five years of age, able to read and
write, a registered voter, and a resident of
the Philippines for not less than two
years immediately preceding the day of
the election.

SECTION 4.
The term of office of the Senators shall be
six years
No Senator shall serve for more than two
consecutive terms. Voluntary renunciation
of the office for any length of time shall not
be considered as an interruption in the
continuity of his service for the full term for
which he was elected.

House of Representatives
Composition

200 district reps, 50 party list

Natural-born citizen
At least 25 years old on election
day
Qualifications Literate (can read and write)
Registered voter of the district
District resident for 1 year prior
to election day
3 years
Term of
Office
Maximum: 3 terms

In Case of Vacancy

Vacancy can be filled through regular

election

Special elections can be called for the

purpose of filling the vacancy

In either circumstance, the one elected

merely sits for the unexpired term

Structure and Dynamics

Senate President and House Speaker elected by

majority vote
Other officers, procedures and the discipline of its
members is at the discretion of each house
Quorum: Majority
Each House maintains a journal and record of
proceedings
Neither House can adjourn without the others
consent while in session

SECTION 5.
(1) The House of Representatives shall be
composed of not more than two hundred and
fifty members who shall be elected from
legislative districts
(2) The party-list representatives shall
constitute twenty per centum of the total
number of representatives labor, peasant,
urban poor, indigenous cultural communities,
women, youth, and such other sectors as may
be provided by law..

2 kinds of members of House of Representatives

1.) District Representative elected directly and
personally from the territorial unit he is seeking
to represent.
2.) Party-list Representative chosen indirectly,
through the party he represents, which is the one
voted for by the electorate. This is to give an
opportunity to weak sectors to have their voices
heard.

SECTION 6.
No person shall be a Member of the House
of Representatives unless he is a naturalborn citizen of the Philippines and, on the
day of the election, is at least twenty-five
years of age, able to read and write, and,
except the party-list representatives, a
registered voter in the district in which he
shall be elected, and a resident thereof for
a period of not less than one year
immediately preceding the day of the
election.

SECTION 7.
The Members of the House of
Representatives shall be elected for a term
of three years
No member of the House of Representatives
shall serve for more than three consecutive
terms

SECTION 8.
Unless otherwise provided by law, the
regular election of the Senators and the
Members of the House of Representatives
shall be held on the second Monday of May.

SECTION 9.
In case of vacancy in the Senate or in the
House of Representatives, a special election
may be called to fill such vacancy in the
manner prescribed by law, but the Senator
or Member of the House of Representatives
thus elected shall serve only for the
unexpired term.

SECTION 10.
The salaries of Senators and Members of
the House of Representatives shall be
determined by law. No increase in said
compensation shall take effect until after
the expiration of the full term of all the
Members of the Senate and the House of
Representatives approving such increase.

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.

FREEDOM from ARREST

offenses punishable by not more than six
years imprisonment
while Congress is in session
FREEDOM of SPEECH and DEBATE
remarks must be made in connection with the
discharge of official duties.
while Congress is in session

Reason for the congressional privileges

To enable members of Congress to discharge their
functions adequately and without fear. It is true
that the privileges may be abused. However, the
harm which would come from its abuse is
considered slight compared to that which might
arise if the privileges were not given.

SECTION 12.
All Members of the Senate and the House
of Representatives shall, upon assumption
of office, make a full disclosure of their
financial and business interests They
shall notify the House concerned of a
potential conflict of interest that may arise
from the filing of a proposed legislation of
which they are authors.

SECTION 13.
No Senator or Member of the House of
Representatives may hold any other office
or employment in the Government
during his term without forfeiting his seat.
Neither shall he be appointed to any office
which may have been created or the
emoluments thereof increased during the
term for which he was elected.

INCOMPATIBLE OFFICE
Office which mat not be held by a member of
a Congress outside the legislative department.
There is a need for members to devote their time
and attention to the discharge of their legislative
responsibilities.
FORBIDDEN OFFICE
Office which a member of a Congress may not
be a beneficiary by reason of being a participant
when said office was created. Hence, a member of
Congress shall not be eligible for appointment to
such office even if he resigns.

SECTION 15.
The Congress shall convene once every year
on the fourth Monday of July for its
regular session, and shall continue to be
in session for such number of days as it may
determine until thirty days before the
opening of its next regular session, exclusive
of Saturdays, Sundays, and legal holidays.
The President may call a special session at
any time.

SECTION 16.
(1) The Senate shall elect its President and
the House of Representatives its Speaker,
by a majority vote of all its respective
Members.
(2) A majority of each House shall constitute
a quorum to do business

(3) Each House may determine the rules of its

proceedings, punish its Members for
disorderly behavior, and, with the
concurrence of two-thirds of all its Members,
suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed
sixty days.
(4) Each House shall keep a Journal of its
proceedings, and from time to time publish
the same, excepting such parts as may, in its
judgment, affect national security

QUORUM
- a number of membership which is competent to
transact its business; is at least one-half plus one
of the members of a body.
LEGISATIVE JOURNAL
- the official record of what is done and passed in a
legislative assembly and the proceedings occurred
from day to day.

SECTION 17.
The Senate and the House of
Representatives shall each have an
Electoral Tribunal which shall be the sole
judge of all contests relating to the
election, returns, and qualifications of
their respective Members

SECTION 18.
There shall be a Commission on
Appointments shall act on all
appointments submitted to it

SECTION 21.
The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid
of legislation in accordance with its duly
published rules of procedure. The rights
of persons appearing in or affected by
such inquiries shall be respected.

SECTION 26.
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
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.

Steps in the Passage of a Bill

First Reading
- reading of the number, title of the measure
and name of the author
Second Reading
- the bill is read in its entirety, scrutinized ,
debated upon and amended when desired
Third Reading
- members merely register their votes and
explain them. No further debate is allowed.

SECTION 27.
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 sentto the other House by which it
shall likewise be reconsidered, and if approved by twothirds of all the Members of that House, it shall
become a law 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.

3 ways when a bill may become a law

1.) When the President approves the bill by
signing it.
2.) When the President vetoes the bill and the
same is overriden by 2/3 votes of all the
members of both Houses.
3.) When the President does not communicate
his veto within 30 days after the date of
receipt.