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Report for Unit IV

The document presents an overview of the three branches of government in the Philippines: Legislative, Executive, and Judicial. It details the functions, structures, and qualifications associated with each branch, emphasizing their co-equal status and the principle of separation of powers. Additionally, it highlights the system of checks and balances designed to ensure coordination among the branches.

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0% found this document useful (0 votes)
6 views

Report for Unit IV

The document presents an overview of the three branches of government in the Philippines: Legislative, Executive, and Judicial. It details the functions, structures, and qualifications associated with each branch, emphasizing their co-equal status and the principle of separation of powers. Additionally, it highlights the system of checks and balances designed to ensure coordination among the branches.

Uploaded by

linobulusan
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 28

THE THREE

BRANCHES OF
GOVERNMENT
Presented by Tyron Louis Blanco
& Jelouffay Mandac

Master of Arts in Public


Administration
3 BRANCHES OF THE
GOVERNMENT

LEGISLATIVE EXECUTIVE JUDICIAL


BRANCH BRANCH BRANCH
LEGISLATIVE
• ·Latin word “Legis” which means “Law”
BRANCH
• Legislative power is delegated to the Congress

• ·The primary function of the legislative branch in the Philippines is to


create, amend, and repeal laws through the Philippine Congress, which is
composed of the Senate (upper house) and the House of
Representatives (lower house)

• ·Qualifications:
-Natural born citizen of the Philippines on the day of election
-A registered voter
-Thirty five years old (senator) and twenty five years old (representative)
-Able to read and write
-Resident of the Philippines for not less than two years
LEGISLATI CONGRESS
VE
BRANCH HOUSE OF
SENATE REPRESENTATIVE
S
REGIONAL LEGISLATIVE
ASSUMBLY
PROVINCIAL ASSEMBLY
(VARIES)
MUNICIPAL/CITY ASSEMBLY
(VARIES)
BARANGAY ASSEMBLY

YOUTH ASSEMBLY
FILING/ COMMITTEE
CALENDARING FOR
FIRST READING
HEARINGS/REPOR
FIRST READING T
VOTING ON CALENDARING
SECOND READING
SECOND READING FOR SECOND
READING
VOTING ON THIRD AT THE HOUSE OF BACK TO THE
READING REPRESENTATIVES SENATE

SUBMISSION TO
LAW MAKING MALACAÑANG
PROCESS
EXECUTIVE BRANCH
• ·Medieval Latin Root “Exsequi” which means “carry out”

• Executive is an adjective that describes having the power


to make decisions (www.vocabulary.com).

• “The executive power shall be vested in the President of


the Philippines.” Article VII, Section 1, 1987 Philippine
Constitution

• “The President shall have control of all the executive


departments, bureaus, and offices. He shall ensure that the
laws be faithfully executed.” Article VII, Section 17, 1987
Philippine Constitution
EXECUTIV PRESIDENT
E VICE PRESIDENT
BRANCH
CABINET MEMBERS
REGIONAL GOVERNOR
GOVERNOR
VICE GOVERNOR
MAYOR
VICE MAYOR
BARANGAY CAPTAIN
Department Department of Department of
of Agrarian Education Finance
Reform

Department of Department of
Department of
Energy Foreign Affairs
Agriculture

Department of Department of
Department
Budget and Environment and
of Health
Management Natural Resources

CABINET
Department of
Department of
Human Settlements Department of
National
and Urban Justice
Defense
Development

Department of Department
Department of
Information and of Public
Labor and
Communications Employment
Works and
Technology Highways

Department
Department Department of
of the Interior
of Migrant Science and
and Local
Workers Technology
Government

CABINET
Department of
Department of
Social Welfare
Trade and
and
Industry
Development

Department of Department of
Tourism Transportation

CABINET
JUDICIAL BRANCH
• Latin word “Judex” means “Judge”

• Judge means, “to form, give, or have as an opinion, or to decide


about something or someone especially after thinking carefully.”
(Cambridge dictionary)

• “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 1, 1987 Philippine Constitution
JUDICIAL
SUPREME COURT
BRANCH
COURT OF SANDIGAN COURT OF
APPEALS BAYAN TAX APPEALS

REGIONAL SHARI’A
TRIAL COURT DISTRICT COURTS

MUNICIPAL MUNICIPAL
METROPOLIT MUNICIPAL SHARI’A
TRIAL CIRCUIT
AN TRIAL CIRCUIT
COURTS IN TRIAL
TRIAL COURTS COURTS
CITIES COURTS
COURTS
SHARI’A CIRCUIT COURTS
• It is a special court in the Philippines that handles cases involving
Islamic laws.

• Jurisdiction
-have original jurisdiction over cases involving offenses defined in the
Code of Muslim Personal Laws of the Philippines
-only deal with Muslim customary and personal laws, and not criminal
law

• Legal basis: Presidential Decree 1083


METROPOLITAN TRIAL
COURTS
• Metropolitan Trial Courts (MeTC) are first level courts in the
Metropolitan Manila area of the Philippines. They are also known as
the first level courts in Metro Manila.

• Jurisdiction:
-over civil cases that are not more than P400,000 in Metro Manila.
-have exclusive jurisdiction over civil cases that are not more than
P300,000 in provinces.

• Purpose: The purpose of these courts is to uphold the rule of law,


defend the rights and welfare of the people, and administer justice.

• Legal basis: Batas Pambansa Bilang 129, also known as the Judiciary
Reorganization Act of 1980
MUNICIPAL TRIAL COURTS
• A first-level court in the Philippines that handles cases within a
specified monetary limit. MTCs are found in every municipality in the
country.

• Jurisdiction:
-handle civil actions, offenses punishable by fine or imprisonment, and
cases involving real property
-handle minor offenses like traffic violations and local ordinance
violations
-handle cases involving forcible entry and unlawful detainer

• Legal basis: The Judiciary Reorganization Act (Batas Pambansa Blg.


129)
MUNICIPAL TRIAL COURTS IN
CITIES
• Primarily functions as a lower court within a city, handling civil cases
and minor criminal offenses with a lower monetary value, essentially
serving as the first point of adjudication for local disputes within the
city's jurisdiction; this includes probate proceedings, small claims,
and minor criminal cases like petty theft or minor traffic violations.

• Legal basis: Batas Pambansa Blg. 129, also known as the Judiciary
Reorganization Act of 1980
REGIONAL TRIAL
COURTS
• Serves as a court of general jurisdiction in the Philippines, meaning it
handles a wide range of civil and criminal cases that are not
specifically assigned to other courts.

• First called “Court of First Instance”

• Legal basis: Judiciary Act of 1948 (Republic Act No. 296)


SHARI’A DISTRICT
COURTS
• Shari'ah courts in the Philippines have jurisdiction over the Muslim-majority
Bangsamoro as well as other parts of Mindanao outside that autonomous region.

• Primarily functions to adjudicate legal matters related to Muslim personal law,


including marriage, divorce, inheritance, and family relations, within its
designated jurisdiction, essentially acting as a specialized court for Muslim
communities

• There are five Shari'ah District Courts in the Philippines, all of which has territorial
jurisdiction over areas in Mindanao.

• The Shari'ah District Court is roughly equivalent to the Regional Trial Court in the
regular and secular Philippine court system.

• Legal basis: Presidential Decree 1083


COURT OF APPEALS
• An intermediate level of court, between trial courts and the Supreme Court,
which hears these cases on appeal from a lower court.

• Main functions:
-Appellate jurisdiction
-Reviewing decisions
-Issuing writs
-Finality of decisions

• The Court of Appeals is composed of the Presiding Justice and sixty-eight


(68) Associate Justices. It has twenty-three (23) divisions, each composed
of three (3) Associate Justices.

• Legal basis: Commonwealth Act No. 3, formally organized on February 1,


1936.
SANDIGAN BAYAN
• The Sandiganbayan (SB) tries and decides criminal and civil cases
against government officials and employees accused of graft and
corruption and similar other offenses.

• The Office of the Ombudsman has the exclusive authority to bring


cases to the Sandiganbayan.

• The Sandiganbayan has 15 justices: one Presiding Justice and 14


Associate Justices.

• Legal basis: The Philippine Constitution of 1973 (Sec. 5, Article VIII)


COURT OF TAX
APPEALS
• a special Court mandated to address the adjudication of appeals
involving internal revenue tax and customs cases of the Commissioner
of Internal Revenue and the Commissioner of Customs, respectively.

• Purpose:
-The CTA has exclusive appellate jurisdiction over decisions made by the
Commissioner of Internal Revenue and the Commissioner of Customs
-The CTA has jurisdiction over civil tax cases, criminal cases, local tax
cases, property taxes, and final collection of taxes
-The CTA has exclusive original jurisdiction over criminal offenses arising
from violations of the National Internal Revenue Code or Tariff and
Customs Code

• Legal basis: Republic Act No. 1125 (June 16, 1954)


SUPREME COURT
• The highest court in the Philippines. It has an administrative supervision over
all courts and the personnel.

• Consists of Fifteen Justices; consists of 14 Associate Justices and headed by


one Chief Justice

• “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...” Article VII,
Section 4, 1987 Philippine Constitution
• “Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower
courts...” Article VII, Section 5, 1987 Philippine Constitution

• Qualifications:
-A natural-born citizen of the Philippines
-At least forty years of age
-Must have been for fifteen years or more, a judge of a lower court or engaged
in the practice of law in the Philippines

• “The Members of the Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least three nominees preferred by
the Judicial and Bar Council for every vacancy. Such appointments need no
confirmation.” Article VII, Section 9, 1987 Philippine Constitution

• Age of retirement: 70
THE 3 BRANCHES OF THE
GOVERNMENT ARE CO-
EQUAL

LEGISLATIVE EXECUTIVE

“THE 3 GREAT
BRANCHES IS
SUPREME IN
JUDICIAL MATTERS FALLING
WITHIN ITS OWN
CONSTITUTIONALL
Y ALLOCATED
SPHERE.”
G.R NO. 134577
“The separation of powers is a fundamental principle in our
system of government. It obtains not through express
provision but by actual division in our Constitution.

Each department of the government has exclusive cognizance


of matters within its jurisdiction and is supreme within its own
sphere.””
Angara vs. Electoral
Commission
G.R. L-45081
“But is does not follow from the fact that the 3 powers are to
be kept separate and distinct that the Constitution intended
them to be absolutely unrestrained and independent of each
other.

The Constitution has provided for an elaborate system of


checks and balances to secure coordination in the workings of
the various departments of the government.“
G.R.
No. 208566
THANK
YOU!
REFERENCES:

https://legacy.senate.gov.ph/about/legpro.asp
https://lawphil.net/consti/cons1987.html
https://www.youtube.com/watch?si=NU84cwmBbYIUocmy&v=-
FnrXnrMAVs&feature=youtu.be
https://en.wikipedia.org/wiki/Sandiganbayan
https://www.dbm.gov.ph/wp-content/uploads/OPCCB/OPIF2012/
JUDICIARY/CTA.pdf
https://en.wikipedia.org/wiki/Sharia_in_the_Philippines

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