With a population of 104.9 Million (2017), officially named Republic of the Philippines, the uploaded presentation is all about the country as a state and its three branches of government.

1. PHILIPPINES:
AS A STATE AND ITS
GOVERNMENT
STRUCTURE

2. COURSE OUTLINE
1. State and its Four Elements
2. The Philippine Government Structure
• Legislative Department
• Executive Department
• Judiciary Department
3. Separation of Powers, Checks and Balances, and
Blending of Powers
Prepared by:
Cashmir Gerardo Pangandaman
Program Coordinator
Direct Community Services
ARMM Manila Liaison Officer

3. THE STATE
AND ITS
FOUR ELEMENTS

4. WHAT IS A STATE?
• A community of persons more or less numerous,
permanently occupying a definite portion of territory,
independent of external control, and possessing an
organized government to which the great body of its
inhabitants render habitual obedience
(De Leon, 2000).
• A politically organized body of people usually occupying a
definite territory; especially: one that is sovereign
(Merriam and Webster)

5. FOUR ELEMENTS OFASTATE
1. PEOPLE-which is known to be the most essential and
indispensable element of a state. This is the mass of the
population, or the number of people living within the
state. There is no specific number of people required
living within a state so that it could be called a state. .
2. TERRITORY-which is the established area that rightly
belongs to the people of the state. This is the aerial (air),
terrestrial (land), fluvial (stream/river), and maritime
(water) domains of the state.
3. GOVERNMENT-as an element of the state is the
agency or aggregate of institutions that formulates,
expresses and realizes the will of the state. In a
comprehensive note, the government embraces all the
political institutions existing in the state, from the highest
governmental agency to the lowest administrative
bodies. The Philippine Government for example,
encompasses all its agencies, from the Office of the
President down to its smallest political agency - the
barangays.
4. SOVEREIGNTY-is the supreme power of the state to
command and enforce obedience to its will from people
within its jurisdiction and corollary, to have freedom from
foreign control. (De Leon, 1991) It is the supreme,
absolute and uncontrollable power by which any state is
governed.

6. THE
PHILIPPINE
GOVERNMENT

7. • “The Philippines is a
republican
• State. Sovereignty
resides in the
• people and all
government authority
• emanates from them.”
–Article 2,
• Section 1 of the 1987
Constitution.

8. CHARACTERISTICSOFTHE PHILIPPINEGOVERNMENT
• As to extent of powers
exercised by the
central or national
government:
• Unitary government - the
control of national and local
affairs is under the central or
national government
• As to relationship
between the executive
and the legislative
branches of the
government:
• Presidential government -
the executive is
constitutionally vested with
powers making it
independent from legislative
department
• Other characteristics:
• Civil government - the affairs of the state
are administered and directed by the
citizens or their representatives
• Constitutional government - the powers
of those who rule are defined and limited by
the constitution
• Elective government - the state confers
powers upon a person or organization
chosen by qualified voters and the holding
of powers is for a limited term and under
certain conditions
• Coordinate government - the powers of
the government is distributed among
separate departments equally independent
of but coordinate with each other
• De jure government - established
according to the constitution of the state
and has the general support of the people

10. ARTICLE VI

11. LEGISLATIVE POWER
• is the lawmaking power, the framing and
enactment of laws.
• starts from the time the law is introduced by a
lawmaker and effected through the adoption of a
bill which once approved becomes a statute or a
law.
• the power to make laws includes the power to
alter and repeal them. Thus, only the Congress
can alter and repeal laws and not in anyway the
other branches of government

12. POWERS OF CONGRESS
The powers of Congress are classified as
follows:
1. Legislative power in general
2. Specific legislative powers
3. Non-legislative powers
4. Implied powers
5. Inherent powers.

13. POWERS OF CONGRESS
• 1. Legislative power in general refers to the power to
enact laws, which includes the power to alter or repeal
them. Said power starts formally from the time a bill or a
proposed law is introduced by a member of the House of
Representatives or a Senator. Once approved by
Congress, and the President, the said bill becomes a law.
2. Specific legislative powers-these are the powers
expressly conferred by the Constitution.
1. power of appropriation
2. power taxation
3. power of expropriation

14. POWERS OF CONGRESS
• 3. Non-legislative
powers-these are the
powers which are not
basically legislative in
nature but which are
performed by Congress.
Examples are power to
propose amendments to
the Constitution, power to
impeach, power to
canvass presidential
elections, and power to
declare the existence of a
state of war.

15. POWERS OF CONGRESS
• 4. Implied powers-these are the powers which are not
expressly conferred by the Constitution but which are
implied from those expressly granted.
• 1. power to punish a person in contempt during or in
the course of legislative investigation
• 2. power to issue summons and notices in connection
with matters subject of its investigation or inquiry.
5. Inherent powers-these are the powers which are
inherent to the exercise of legislative powers like the
power to determine the rules of its proceedings.

16. PARLIAMENTARY IMMUNITIES
• 1. Immunity from arrest
Intended to ensure representation of the
constituents of the members of the
Congress by preventing attempts to keep
him from attending its sessions, they shall
not be arrested,
• while the Congress is in session, for
offenses that are punishable by not more
than six years. Session herein refers to the
entire period from its initial convening until
its final adjournment, eg. July 27 to October
16.
• freedom from arrest can be enjoyed even
though the member is not attending the day-
to-day meetings. However, this privilege
cannot be used for offenses (civil or
criminal) that are punishable by more
than six months, eg. rape (People vs.
Jalosjos), murder, drug cases (People vs.
De Lima et al..)

17. PARLIAMENTARY IMMUNITIES
• 2. Privilege of Speech and
Debate
• This privilege enables the
legislator to express views in the
interest of the public without fear
of accountability to support his
statements with the usual
evidence required in the court of
justice.
• There are however two
requirements in order that this
privilege be availed.
• 1. the remarks must be made while
the legislature is in session; and
• 2. they must be made in connection
with the discharge of official duties.

18. SENATE OF THE PHILIPPINES
• Senators were voted upon by
the entire national electorate.
• The Senate is considered as a
training ground for national
leaders and possibly a step
forward to Presidency.
• It is perceived that having been
elected by the national electorate,
a senator will have a broader
outlook of the problems of the
country instead of being restricted
by parochial viewpoints and
narrow interests.
•

19. SENATE OF THE PHILIPPINES
• Composition (Sec.2 )
• 24 members
• Term of Office (Sec.4)
• 6 years
• Commence at noon of
June 30
• Maximum of 2 consecutive
terms
• Voluntary renunciation of
the office is not considered
as an interruption in the
continuity of the service
•
• Qualifications (Sec. 3)
• Natural born citizen
• At least 35 years old on the
day of the election
• Able to read and write
• Registered voter
• Resident of the Phils. for
not less than 2 years
immediately preceding the
day of the election

20. PHILIPPINE HOUSE OF REPRESENTATIVES
• 2 kinds of members in the HoR (Sec. 5)
• 1. district representatives (80%)
• 2. party-list representatives (20%)
• District representatives are elected directly and
personally, from the territorial unit they seek to
represent. (219 members)
• . Legislative districts were created in
accordance with their respective
population and on the basis of a uniform
and progressive ratio.
• The Constitution provides that there shall
be a reapportionment of legislative districts
within 3 years following the return of every
census.
• When making a reapportionment, the
legislature shall see to it that each city with
a population of at least 250,000, and every
province shall have at least one
representative. In reapportionment,.
• The Charter prohibits gerrymandering - the
arrangement of districts in such a way as
to favor the election of preferred
candidates through the inclusion therein
only of those areas where they expect to
win, regardless of the resultant shape of
such districts. Arrangement must be
compact, contiguous and adjacent.

21. PHILIPPINE HOUSE OF REPRESENTATIVES
• Party-list representatives-
are chosen indirectly,
through the party they
represent.
• The voters choose from the
various parties listed in the
Commission on Elections.
• The number of candidates to
be elected from each party
shall depend on the
percentage or proportion of
votes obtained by the party
in the election.
• 18th Congress- 48 members
is composed of party-list
representatives.

22. HOUSE OF REPRESENTATIVES
• Composition (Sec.5 )
• Not more than 250
members (unless
otherwise fixed by law)
• Term of Office (Sec.7)
• 3 years
• Commence at noon of
June 30
• Maximum of 3 consecutive
terms
• Voluntary renunciation of
the office is not considered
as an interruption in the
continuity of the service
• Qualifications (Sec. 6)
• Natural born citizen
• At least 25 years old on the
day of the election
• Able to read and write
• Registered voter in the
district (except for the
Partylist representative)
• Resident of the Phils. for
not less than 1 year
immediately preceding the
day of the election

23. LEGISLATIVE PROCESS
• Congress is responsible for making enabling laws to make sure the spirit
of the constitution is upheld in the country and, at times, amend or change
the constitution itself. In order to craft laws, the legislative body comes out
with two main documents: bills and resolutions.
• Resolutions convey principles and sentiments of the Senate or the
House of Representatives. These resolutions can further be divided into
three different elements:
• 1. joint resolutions — require the approval of both chambers of Congress and the
signature of the President, and have the force and effect of a law if approved.
• 2. concurrent resolutions — used for matters affecting the operations of both
chambers of Congress and must be approved in the same form by both houses, but
are not transmitted to the President for his signature and therefore have no force and
effect of a law.
• 3. simple resolutions — deal with matters entirely within the prerogative of one
chamber of Congress, are not referred to the President for his signature, and
therefore have no force and effect of a law.
• Bills are laws in the making. They pass into law when they are approved
by both houses and the President of the Philippines. A bill may be vetoed
by the President, but the House of Representatives may overturn a
presidential veto by garnering a 2/3rds vote. If the President does not
act on a proposed law submitted by Congress, it will lapse into law after
30 days of receipt.

30. PRIORITYBILLS UNDER THE DUTERTEADMINISTARATION
• Constitutional Amendment for a shift to the Federal Form
of Government
• Bangsamoro Basic Law drafted by BTC
• The End of Endo or the Contractualization Act
• Tax Reform Package
• Lowering the Age of Criminal Liaibility
• National Land Use Act
• Revival of the Death Peanalty
• Philhealth Health Coverage Act
• Dissolution of Marriage

32. EXECUTIVE DEPARTMENT
(ARTICLE VII)
• Article VII, Section 1, of the
• 1987 Constitution vests
executive power to the
President of the Philippines,
who functions as the head of
state, head of government,
and commander-in- chief of
the Armed Forces of the
Philippines. As chief
executive, the President of
the Philippines exercises
control over all the executive
departments, bureaus, and
offices.

33. EXECUTIVE POWER
• The executive department is more likely to be known as
the branch that holds the power of the sword. This branch
is concerned in the execution of governmental policies as
it possesses the power to enforce and administer the
laws.
• A presidential executive holds the final authority but his
power is constrained by Congress and Judiciary under the
principle of checks and balance. The President of the
Philippines is an example of a presidential executive.

34. WHO CAN BEAPRESIDENT/VICE PRESIDENT?
• Qualifications of a
President (Sec. 2)
• Natural born citizen of the
Philippines
• A registered voter
• Able to read and write
• At least 40 years of age on
the day of election
• Resident of the Philippines
at least 10 years
immediately preceding the
election
• Qualifications of a Vice-
President (Sec.3)
• Same qualifications,
term of office, be
elected, be removed
with the same manner
with the President
• The Vice-President may
be appointed as a
Member of the Cabinet.
Such appointment
requires no confirmation

35. ELECTION OF PRESIDENT/VICE-PRESIDENT
• Election of President/Vice President
• The Congress shall promulgate its
rules for the canvassing of certificates
• Upon receipt of the CoCs, the Senate
President, shall not later than 30 days
after the day of election, open the
CoCs in the presence of Senate and
HoR in joint public session
• In case 2 or more shall have an equal
and highest number of votes, one of
them shall be chosen by a vote of the
majority of all the members of the
Congress, voting separately.
• The Supreme Court shall be the sole
judge of all contests relating to the
election, returns, and qualifications of
the President or Vice President, and
may promulgate its rules for the
purpose
• Term of Office (Sec. 4)
• 6 years for the President
and Vice President
(shall begin on June 30)
• The President is not
eligible for re-election
• (min. length of service is
4 years)
• The Vice President may
serve for 2 successive
terms
• Voluntary renunciation
of the office for any
length of time shall not
be considered as an
interruption in the
continuity of the service
for the full term which he
was elected

36. OATH OF OFFICE (Sec. 5)

38. POWERS OF THE PRESIDENT
• The following are the list of the specific powers granted to
the President by the Constitution:
• Appointing power
• Control power
• Military power
• Pardoning power
• Borrowing power
• Diplomatic power
• Informing power
• Other powers

39. OTHER POWERS OF THE PRESIDENT
• As mandated by the Constitution, the President is vested
with the following powers:
to call the Congress to special session
• to approve or veto bills
• to consent to the deputization of government personnel by
the Commission on Elections
• to discipline its deputies
• to exercise emergency and tariff powers.

40. APPOINTING POWER
• Appointment may be defined as the selection, by the authority
vested with the power, of an individual who is to exercise the
functions of a given office. (Cruz, 2002).
Under the Constitution, the President is authorized to appoint,
with the consent of the Commission on Appointment, the
following:
• heads of the executive departments;
• ambassadors, other public ministers and consuls;
• officers of the armed forces from the rank of the colonel or
naval captain;
• other officers whose appointments are vested in him by the
Constitution;
• all other officers of the Government whose appointments are
not otherwise provided by law; and
• those whom he may be authorized by law to appoint.

42. GENERAL RULE ON THE POWER OF REMOVAL
• The power is implied from the power to appoint.
• From having the power of appointment, comes the removal
power. The President may remove his appointees, especially
the members of the Cabinet or other executive officials whose
term of office is determined at his pleasure.
Not all appointees however can be removed by the President
since the Constitution prescribes certain methods for the
separation from the public service.
• For example, the justices of the Supreme Court, members of
the Constitutional Commissions, the Ombudsman, although
appointed by the President may only be removed thru
impeachment. Judges of the Supreme Court are not within the
ambit of the removal power of the President, but rather of the
disciplinary authority of the Supreme Court.

43. LIMITATIONS OFAPPOINTING POWER
• Congress may prescribe qualifications for public office.
• Certain appointments are subject to approval of the
Commission on Appointments.
• The Judiciary may annul appointments made by the President
if the appointee has not been validly confirmed or does not
possess the required qualifications.
• Appointments to public office cannot be forced upon any citizen
except for purposes of the defense of the State.
• Appointments extended by an acting President shall remain
effective unless revoked by the elected President within 90
days from his assumption of office.
• Appointment is prohibited 2 months before the next presidential
elections and up to the end of the president or acting president
except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or
endanger public safety. (midnight appointment)

44. CONTROL POWER
• Section 17, Article VII of the Constitution mandates that
the President shall have the control of all the executive
departments, bureaus and offices. He shall ensure that
the laws be faithfully executed.
The control power of the President is directly derived from
the Constitution. Thus, any law that will limit the exercise
of his control power is invalid. The members of
the Cabinet as his alter ego are under the full control of
the President. He may appoint them as he sees fit, shuffle
them at pleasure, and replace them in his discretion
without any legal inhibition whatsoever.

45. MILITARY POWER
• The military power enables the President to:
• command all the armed forces of the Philippines;
• suspend the privilege of the writ of habeas corpus; and
• declare martial law.
• Command of the Armed Forces
Based on the constitutional principle of the supremacy of
the civilian authority over the military, the President is held
as the Commander-in-Chief of all the armed forces.
Whenever necessary, he may call out such armed forces
to prevent or suppress violence, invasion or rebellion only.

46. MILITARY POWER
• Habeas Corpus
The writ of habeas corpus is a writ directed to
the person detaining another, commanding him
to produce the body of the prisoner at a
designated time and place, with the day and
cause of his caption and detention, to do, to
submit to, and receive whatever the court or
judge awarding the writ shall consider in his
behalf. It is a high prerogative common law writ
of ancient origin the great object of which is the
liberation of those who may be in prison without
sufficient cause. (Moran)
The President is entrusted the power to
suspend the privilege of the writ of habeas
corpus. Note that what is suspended is not the
writ itself but only the privilege of it. This means
that when the court receives an application for
the writ, and it finds the petition in proper form,
it will issue the writ as a matter of course.

47. MILITARY POWER
• Martial Law
-refers to that law which has
application when the military
arm does not supersede civilian
authority but is called upon to
aid it in the execution of its civil
function.
During martial law, there is no
new powers given to the
executive, no extension of
arbitrary authority is recognized,
no civil rights are suspended.
The relations between the state
and its citizens is unchanged.
The interference that may be
caused to personal freedom or
property rights must always be
based on necessity.

48. LIMITATIONS OF MILITARY POWER
• The military powers of the President is not absolute. The following
are the limitations on the military powers of the President:
• 1. He may call out the armed forces when it becomes necessary to
prevent or suppress lawless violence, invasion or rebellion only.
• 2. The grounds for the suspension of the privilege of the writ of
habeas corpus and the proclamation of martial law are now limited
only to invasion or rebellion, when the public safely requires it.
• 3. The duration of such suspension or proclamation shall not
exceed sixty days, following which it shall be automatically lifted.
• 4. Within 48 hours after such suspension or proclamation, the
President shall personally or in writing report his action to the
Congress. If not in session, Congress must convene within 24
hours without need of a call.
• 5. The Congress may then, by a majority vote of all its members
voting jointly, revoke his action.
• 6. The revocation may not be set aside by the President.

49. LIMITATIONS OF MILITARY POWER
• 7. By the same veto and in the same manner, the Congress may, upon
initiative of the President, extend his suspension or proclamation for a
period to be determined by the Congress if the invasion or rebellion shall
continue and the public safety requires the extension.
• 8. The action of the President and the Congress shall be subject to
review by the Supreme Court which shall have the authority to determine
the sufficiency of the factual basis of such action. This matter is no longer
considered a political question and may be raised in an appropriate
proceeding by any citizen. Moreover, the Supreme Court must decide the
challenge within thirty days from the time it is filed.
• 9. Martial law does not automatically suspend the privilege of the writ of
habeas corpus or the operation of the Constitution. The civil courts and
the legislative bodies shall remain open. Military courts and agencies are
not conferred jurisdiction over civilians where the civil courts are
functioning.
• 10. The suspension of the privilege of the writ of habeas corpus shall
apply only to persons facing charges of rebellion or offenses inherent in
or directly connected with invasion.
• 11. Any person arrested for such offense must be judicially charged
therewith within three days. Otherwise he shall be released.

50. PARDONING POWER
• The President with his pardoning power may grant reprieves,
commutations, and pardons and remit fines and forfeitures, after
conviction by final judgment. The President may also grant amnesty with
the concurrence of a majority of all the Members of the Congress.
• Kinds of Pardon
1. Absolute or Conditional-
• An absolute pardon is one given without any conditions attached.
Whereas, a conditional pardon is one under which the convict is required
to comply with certain requirements. In conditional pardon, the offender
has the right to reject the pardon if he feels that the conditions imposed
are more onerous than the penalty sought to be remitted. On the other
hand, in case of absolute pardon, it is complied even without the
acceptance of the pardonee.
2. Plenary or Partial-
• A plenary pardon extinguishes all the penalties imposed upon the
offender, including accessory disabilities, whereas a partial pardon does
not.

51. LIMITATIONS OF PARDONING POWER
• 1. It cannot be granted in cases of impeachment.
• 2. It cannot be granted in cases of violations of election
laws without the favorable recommendation of the
Commission on Elections.
• 3. It can be granted only after conviction of final judgment.
• 4. It cannot be granted in cases of legislative contempt or
civil contempt.
• 5. It cannot absolve the convict of civil liability.
• 6. It cannot restore public offices forfeited

52. BORROWING POWER
• The President may contract
or guarantee foreign loans
on behalf of the Republic of
the Philippines with the
prior concurrence of the
Monetary Board, and
subject to such limitations
as may be provided by law.
The Monetary Board shall
submit to Congress a
report on loans within 30
days from the end of every
quarter.

53. DIPLOMATIC POWER
• As head of State, the President is the spokesperson of the
nation on external affairs. He may deal with foreign states
and governments, extend or withhold recognition,
maintain diplomatic relations, enter into treaties, and
otherwise transact the business of foreign relations.
The power to conclude treaties is however subject to the
concurrence of at least 2/3 of all the Members of the
Senate and also of the Supreme Court which has also the
power to declare them unconstitutional.

54. BUDGETARY POWER
• This budgetary power is entrusted to the President since he is in the
best position to determine the needs of the government and propose
the corresponding appropriations on the basis of existing or expected
sources of revenue.
In the execution of budgetary power, the President shall submit to the
Congress within 30 days from the opening of every regular session,
as the basis of the general appropriations bill, a budget of
expenditures and sources of financing, including receipts from
existing and proposed revenue measures.
The appropriations recommended by the President for the operation
of the government as specified in the budget may not be increased by
the Congress.

55. INFORMING POWER
• The President shall address the Congress at the
opening of its regular session. He may also
appear before it at any other time.
• The President usually discharges his informing
power through delivering the State of the Nation
Address (SONA)

57. JUDICIAL DEPARTMENT
(ARTICLE VIII)
• The judicial power shall be
vested in Supreme Court and
in such lower courts as may
be established by law.)
Judicial power includes the
duty of the courts of justice:
• 1. to settle actual
controversies involving rights
which are legally demandable
and enforceable
• 2. 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. (Sec. 1)

58. SUPREME COURT
• The Supreme Court is the highest court in the Philippines.
It is presided over by a Chief Justice and is composed
of fifteen (15) Justices, including the Chief Justice.
(Sec. 4)
• The Judiciary shall enjoy fiscal autonomy. Appropriations
may not be reduced by the legislature. (Sec. 3)
• Pursuant to the Constitution, the Supreme Court has
"administrative supervision over all courts and the
personnel thereof“. (Sec. 6) It exercises power through
the Office of the Court Administrator.
• Supreme Court may sit en banc or in its discretion, in
division of 3, 5, or 7 members. (Sec. 4)

59. CASES TO BE DECIDED OR HEARD DURING EN BANC
• 1. All cases involving the
constitutionality of a treaty,
international, or executive
agreement, or law
• 2. All other cases which under the
Rules of Court are required to be
heard en banc-
• Those involving the constitutionality,
application, or operation of presidential
decrees, proclamations, orders,
instructions, ordinances, and other
regulations
• 3. Modifications or reversal of a
doctrine or principle laid down by
the Supreme Court in a decision
rendered en banc or in division
• 4. When the required no. of votes is
not obtained in the case heard by
the division

60. JUDICIALPOWERAND JURISDICTION
• The Supreme Court has both original and appellate jurisdiction. It exercises
original jurisdiction (cases are directly filed with the SC in the first instance without
passing through any of the lower courts) over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari (order to review),
prohibition, mandamus (order for lower courts to perform public duty), quo
warranto, and habeas corpus (a person under arrest is ordered to face before a
judge).
• It also has original jurisdiction over writs of amparo (protection of human rights),
habeas data (access to information), and the environmental writ of kalikasan.
• It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm final
judgments, and orders of the lower courts in:
• (a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
• (b) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
• (c) All cases in which the jurisdiction of any lower court is in issue.
• (d) All criminal cases in which the penalty imposed is reclusion perpetua
(permanent imprisonement-30 years) or higher.
• (e) All cases in which only an error or question of law is involved.

61. RULE MAKING POWER
• The Supreme Court has the exclusive power to
promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to
the practice of law, the integrated bar, and legal
assistance to the underprivileged. Any such rules shall
provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.

67. LEGALQUALIFICATIONS OFAMEMBER OFTHE SUPREME COURT
• 1. Natural-born citizen
• 2. At least 40 years of age
• 3. Must have been for 15 years
or more a judge of a lower court
or engaged in the practice of law
in the Phils.
• 4. Member of the Philippine Bar
(Integrated Bar of the Phils.)
• 5. Must be a person of proven
competence, integrity, probity
(strong moral competence), and
independence
(Judge Term Length-at most 30
years (retirement age is 70
years old)

68. APPOINTMENTS TO THE JUDICIARY
• By virtue of Article VIII, Section 8, appointments to the
judiciary are made by the President of the Philippines
based on a list submitted by the Judicial and Bar Council
which is under the supervision of the Supreme Court.
• Its principal function is to screen prospective
appointees to any judicial post.
• It is composed of the chief justice as ex-officio chairman,
the Secretary of Justice and representatives of Congress
as ex-officio members, and a representative of the
Integrated Bar, a professor of law, a retired member of the
Supreme Court, and a representative of the private sector
as members.

69. SEPARATION OF POWERS,
CHECKS AND BALANCES,
AND BLENDING OF POWERS

70. DOCTRINE OF SEPARATION OF POWERS
• The division of the powers of the government into three, which
are legislative, executive, and judicial;
• The distribution of these powers to the three major branches of
the government, which are the Legislative Department,
Executive Department, and the Judicial Department.
1. Legislative Department is generally limited to the
enactment of the law and not to implementation or interpretation
of the same
2. Executive Department is generally limited to the
implementation of the law and not to the enactment or
interpretation of the same
3. Judicial Department is generally limited to the
interpretation and application of laws in specific cases and not to
the making or implementation of the same

71. PURPOSE OFTHE DOCTRINE
• Prevention of Monopoly of Power. Separation of powers is said to be an
attribute of republicanism. It seeks to prevent monopoly or concentration of
power to one person or group of persons, and thereby forestalls dictatorship or
despotism. Sovereignty resides in the people, and it should remain that way.
Government officials, who are the representatives of the people, must exercise
the powers of their office in the interest of the public. While representational
exercise of power brings out the essence of republicanism, too much
concentration of power rips it apart.
• Separation not Exclusive
Important to understand is the meaning of “separation” not as exclusivity
but as “collaboration.” While each of the Departments exercises its respective
power, it does so in collaboration with the other Departments because in the end
they all belong to one unified government with a common purpose. For example:
• Members of the Supreme Court by the President must be upon the recommendation of the Judicial
and Bar Council. In here before the President, who belongs to the executive branch, appoint a
Supreme Court justice, a recommendation must first be given to him by the JBC, which is an
independent body in the judiciary.
• On the use public funds. In here, the President prepares the budget, on the basis of which the
Congress enacts an appropriations bill which will then be submitted and approved by the President.

72. BLENDING OF POWERS
• With the intricateness of the operations
of government, it is unwise and
impracticable to effect a strict and
complete separation of powers. There
are instances when certain powers are
to be reposed in more than one
department so they may better
collaborate with, and in the process
check each other for the sake of a
good and efficient government. Thus,
the necessity of blending of powers.
Blending of powers is actually
sharing of powers of the different
departments of government
whereby one department helps and
coordinates with the other in the
exercise of a particular power,
function or responsibility.

73. EXAMPLES OF BLENDING OF POWER
• 1. The President and Congress help one another in the
making of laws. Congress enacts the bill and the
President approves it.
• 2. The President prepares a budget and Congress enacts
an appropriation bill pursuant to that budget.
• 3. The President enters into a treaty with foreign countries
and the Senate ratifies the same.
• 4. The Supreme Court may declare a treaty, international
or executive agreement, or law, as unconstitutional, and it
has also the power to declare invalid any act done by the
other departments of government.
• 5. The grant of amnesty by the President is subject to the
concurrence of a majority of all the members of the
Congress.

75. CHECKSAND BALANCES
• Under the doctrine, there is no absolute separation of the
three branches of the government, but to maintain their
coequality each department checks the power of the
others.
• Generally, the departments cannot encroach each others’
power, but constitutional mechanisms allow each one of
them to perform acts that would check the power of others
to prevent monopoly, concentration, and abuse of power.
For example-
• the Judicial and Bar Council recommends nominees to the
President so that the latter will not capriciously appoint someone
whom he can easily convert into a puppet and thereby become his
medium to control the judiciary.
• the disbursement of public funds cannot depend solely upon the
discretion of the President, but must be based on legislation by the
Congress.

78. 15 MINUTES
• 1. What are the 4 elements of a state?
• 2. Give 3 functions of a President.
• 3. Components of the Philippine Legislative Department.
• 4. It is the highest court of the country.
• 5. Habeas corpus is for a person under arrest to face before a
judge. Habeas data is to __________.
• 6. Who are the heads of the following departments:
• Executive
• Legislative (2 chambers/house)
• Judicial
• 7. The doctrine that prevents the monopoly of power.
• 8. Two kinds of members of the House of the Representatives.
• 9. Courts established in Islamic provinces or regions
• 10. The 16th President of the 5th Republic (whole name).

80. • 1. People, territory, government, sovereignty
• 2. Head of state, head of government, commander
in chief of the AFP
• 3. Senate of the Philippines, House of
Representatives of the Philippines
• 4. Supreme Court of the Philippines
• 5. Habeas data
• 6. Executive-President, Legislative-Senate
President, House Speaker, Judicial-Chief Justice
• 7. Doctrine of Separation of Powers
• 8. District Representatives, Partylist
Representatives
• 9. Shari’ah Courts
• 10. President Rodrigo Roa Duterte