Branches of Government (Week Five Report Manuscript)
Branches of Government (Week Five Report Manuscript)
Branches of Government (Week Five Report Manuscript)
Submitted by:
Lander Dean S. Alcorano
Iana Lexlee B. Cogollo
Ma. Trini D. De Ocampo
Neer Lian May D. Flores
Submitted to:
Dr. Gynnyn G. Gumban
Concept of Constitution - In its broad sense, the term constitution refers to "that body of
rules and principles in accordance with the powers of or sovereignty are regularly exercised. As
thus defined, it covers both written and unwritten constitutions.
With particular reference to the Constitution of the Philippines, it may be defined as that written
instrument by which the fundamental powers of the government are established, limited, and
defined and by which these powers are distributed among the several departments and
branches for their safe and useful exercise for the benefit of the people.
Meaning of law.
The term laws, as used above, refer to statutes which are the written enactments of the
legislature governing the r elations of the people among themselves or between them and the
government and its agencies.
Function of laws.
Through laws, the legislature defines the rights and duties of citizens, imposes taxes,
appropriates funds, defines crimes and provides for their punishments, creates and abolishes
government offices, determines their jurisdiction and functions, and in general, regulates
human conduct and the use of property for the promotion of the common good.
Such laws are valid or void, as tested by their conformity or nonconformity to the
Constitution.
The delegated powers of our Congress are broader than the American Congress. The
latter's legislative powers are confined only to those granted by the Federal Constitution. Hence,
powers not granted or powers that cannot be reasonably implied from the granted powers are
denied to the American Congress.
2. Specific powers. – They are powers which the Constitution expressly directs or
authorizes Congress to exercise like the power to choose who shall become President in
case two or more candidates have an equal and highest number of votes, to confirm
certain appointments by the President, to promote social justice, to declare the
existence of a state of war, to impose taxes, to appropriate money, to impeach, to act
as a constituent assembly, etc.;
3. Implied powers. – They are those essential or necessary to the effective exercise of
the powers expressly granted, like the power to conduct inquiry and investigation in aid
of legislation, to punish for contempt, to determine the rules of its proceedings, etc.;
and
4. Inherent powers. – They are the powers which are possessed and can be exercised
by every government because they exist as an attribute of sovereignty. In other words,
they are always deemed conferred by the people even if not expressly granted by them
in the Constitution. These powers which are legislative in nature are the power of
taxation, power of eminent domain, and police power. They fall under the general
legislative powers of Congress.
1. Checks by the President. – The President may veto or disapprove bills enacted by
Congress, and through the pardoning power, he may modify or set aside the judgments
of courts.
2. Checks by Congress – On the other hand, Congress may override the veto of the
President; reject certain appointments of the President; revoke the proclamation of
martial law or suspension of the privilege of the writ of habeas corpus by the President;
and amend or revoke decisions of the courts (by the enactment of a new law or by an
amendment of the old, giving it such meaning and interpretation as to wipe out the
effect of such decisions). It has likewise the power to define prescribe and apportion the
jurisdiction of the various courts, prescribe the qualifications of judges of lower courts;
determine the salaries of the President and Vice-President, the members of the Supreme
Court and judges of lower courts; and impeach the President and members of the
Supreme Court.
3. Checks by the judiciary. – The judiciary, in turn, with the Supreme Court as the final
arbiter may declare legislative measures or executive acts unconstitutional and
determine whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of Congress or the President.
The Senate.
1) Composition and election. – It is composed of 24 Senators. They are elected at large
(nationwide) by the qualified voters, as may be provided by law. Unless otherwise
provided by law, the regular election of Senators shall be held on the second Monday of
May.
2) Term of office. – It is six (6) years. It shall commence, unless otherwise provided by
law, at noon on the 30th day of June next following their election. The Constitution has
a similar provision with respect to the President and Vice-President except that the hour
and date of commencement of their term of office cannot be changed by law.
The above qualifications are beyond the authority of Congress to diminish, increase or
alter.
4) Maximum terms. – In line with the state policy on equal access to opportunities for
public service and against political dynasties, a Senator is disqualified lo serve for more
than two (2) consecutive terms. While theoretically the people are the best judge of
whether an official should be re-elected or not, the Constitution has opted to impose
term limits to guard against the weakness in our culture that tends to perpetuate
At any rate, a Senator can still run for re-election after a break or interval. There is no
limit as to the number of years one can serve as Senator. What is prohibited is to serve
for more than two (2) successive terms. But a voluntary renunciation of the office by a
Senator 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.
Unless otherwise provided by law, the regular election of the members of t he House of
Representatives shall be held on the second Monday of May.
2) Term of office. – It is three (3) years, to begin also, unless otherwise provided by law,
at noon on the 30th day next following their election. The House of Representatives is
intended to be close to the people. The shorter term of three (3) years is expected to
make the representatives more responsive and sensitive to the needs of their
constituents.
It is also consistent with the constitutional policy of accountability. If the people had
made a mistake in their choice of the incumbent congressman, they would not have to
wait a long time for the opportunity to correct the mistake by withholding a new
mandate.
4) Maximum terms. -The provisions are the same as those for Senators except that the
limit is for not more than three (3) consecutive terms. Under the Constitution, a
representative cannot serve continuously for more than nine (9) years.
Again, the purpose is to prevent the growth of political dynasties or wardlordism – terms
which in our country have come to connote guns and goon and almost absolute power –
which in the past made it impossible for qualified and deserving individuals to enter the
legislative service. After some re-elections, the politician managed to accumulate much
wealth and to set up his own formidable political machinery such that in many places
the people could not freely choose their candidates because they were coerced into
submission by professional politicians who had become powerful on account of long
tenure. The term limits for elected public officials will level the playing field for
candidates especially for newcomers to the political arena.
For this reason, the party list system has been adopted in the new Constitution to
assure them of representation in the highest law-making body of the Republic.
Under both the 1935 Constitution and the present Constitution, the President is both the
head of State and the head of the government. Unlike the Prime Minister or under the 1973
Constitution (as amended), the President is not a legislative leader with membership in
Congress. He is purely an executive.
The Vice President must have the same qualifications as the President. The Constitution
does not prescribe any educational, academic, or literacy qualification except only the ability to
read and write, in line with the egalitarian objectives of our democratic society.
The Vice-President.
The Vice-President shall have t he same qualifications and term of office as the
President and maybe removed from office on impeachment as in the case of the President. He
may be appointed as a member of the Cabinet without need of confirmation by the Commission
on Appointment in Congress. To request confirmation would degrade the dignity of the high
office of Vice-President.
Meaning of appointment.
Appointment is the act of designation by the executive officer, board, or body to whom
the power has been delegated, of the individual who is to exercise the functions of a given
office.
The executive nature of the appointing power does not imply that no appointment by
Congress and the courts can be made. They may also appoint those officers who are necessary
to the exercise of their own functions.
The Congress may impose qualifications for appointment to public offices of relevance to
the duties to be performed.
2. Under other provisions. – The President, likewise, under other provisions of the
Constitution, appoints the members of the Supreme Court and judges of lower courts including
the Sandiganbayan, the regular members of the Judicial and Bar Council, the Chairman and
Commissioners of the Civil Service Commission, the Chairman and the Commissioners of the
Commission on Audit, and the Ombudsman and his Deputies. The Constitution does not state
the appointing authority with respect to the Chairman and Members of the Commission on
Human Rights. There is no doubt, however, that the power to appoint them is lodged in the
President.
b) Over other subordinate officers. -- The power of control of the President over all
executive departments, bureaus and offices is not just over the heads thereof but
extends to all other subordinate officers. It includes the power to supervise, investigate,
suspend, or remove officers and employees who belong to the executive branch if they
are appointed by him or do not belong to t he career service.
c) Over officers and employees in the career service. – The President, however, has no
authority to directly investigate and thereafter remove even for cause, an officer or
employee who belongs to the career service. Such officer or employee falls under the
original and exclusive jurisdiction of the Civil Service Commission insofar as investigation
is concerned. A direct action of the President would deprive them of due process as
guaranteed by the Civil Service Law.
The power to proclaim martial law includes the power to make all needful rules and
regulations with the force of law until the termination of martial rule.
The constitutional mandate requiring Congress to consider first the budget reverses the
practice of the old Congress which yearly took up the budget not at the beginning but at the
end of the legislative year.
To be legally demandable and enforceable in courts rights must be derived from law or
recognized by law. Grave abuse of discretion as used above has been judicially define to mean
such capricious an arbitrary exercise of judgment as is equivalent in the eyes of the law to lack
of jurisdiction that is lack of authority to act on the matter in dispute.
Now, not even the President or Congress can escape judicial scrutiny when facing
complaints of great indiscretion or abuse of authority by invoking the political nature of their
acts are pronouncements.
2. Creation and abolition of courts by Congress - In the exercise of its legislative power
congress may abolish any or all lower courts and replace them with other courts subject to the
limitation that the reorganization shall not undermine security of tenure. It cannot however
abolish the Supreme Court: neither can it create an additional Supreme Court because the
constitution provides for only one Supreme Court. Neither can it abolish the Sandiganbayan
because its existence is constitutionally recognized although Congress, in the exercise of its
legislative power may determine its functions and jurisdiction.
The Constitution requires any vacancy to be filled within 90 days from the occurrence
thereof. In the past vacancies in the Supreme Court sometimes remain unfilled for a long time
even when the membership of the court was fixed at 15, it was seldom constituted.
Through such power the judiciary, the Supreme Court particularly, enforces and upholds
the rule of law and supremacy of the Constitution it is because the courts are the official
interpreters of the Constitution that a study of our Constitution is in large measure a study of
judicial decisions and opinions on the meaning and application of its provisions.
The power of judicial review now includes the duty 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 this is true although the question before the
court may be political and character which ordinarily cannot be inquired into by the courts.
In policy-making, policy analysis is detrimental in ensuring the quality of the policies that are of
major public interest. It integrates science with art that is oriented to improve good
governance. The Philippine policy-making process can be viewed in a legislative and executive
perspective.
A policy established and carried out by the government goes through several stages from
inception to conclusion. These are agenda building, formulation, adoption, implementation and
evaluation.
Agenda Setting.
Before a policy can be created, a problem must exist that is called to the attention of the
government. People have many concerns. These become part of the policy agenda when they
In short, agenda setting is the issue-sorting phase in the public policy process, during
which some concerns rise to the attention of policy makers while others remain neglected.
Policy Formulation
In short, policymakers in the legislative and executive (national and local) take up the
agenda.
Policy Adoption
Policy adoption is the third phase of the policy process in which policies are adopted by
government bodies for future implementation. For formulated policies to be put into effect, they
must be adopted by the relevant institutions of government. Adoption can be affected by the
same factors that influence what issues move into the earlier phase of agenda building. For
instance, policies that address the changed circumstances crises often bring can often be
immediately adopted. Meanwhile, powerful interest groups can use their political influence to
determine what policies are adopted.
In short, policy adoption is formal enactment of the official and legal policy instrument
after a series of dialogues and consultations with state and non-state sectors.
Policy Execution
Policy implementation is the fourth phase of the policy cycle in which adopted policies
are put into effect. The implementation or carrying out of policy is most often accomplished by
institutions other than those that formulated and adopted it. A statute usually provides just a
broad outline of a policy. For example, Congress may mandate improved water quality
standards, but the Environmental Protection Agency (EPA) provides the details on those
standards and the procedures for measuring compliance through regulations. As noted earlier,
the Supreme Court has no mechanism to enforce its decisions; other branches of government
must implement its determinations. Successful implementation depends on the complexity of
the policy, coordination between those putting the policy into effect, and compliance.
In short, this phase means the translation of policy into programs and projects at the
executive branch – from the line agencies and concerned institutions at the national and local
levels.
Policy Evaluation
Policy evaluation means determining how well a policy is working, and it is not an easy
task. People inside and outside of government typically use cost-benefit analysis to try to find
the answer. In other words, if the government is spending x billions of dollars on this policy, are