Two of the Policy Makers in the Philippines, the Executive & Legislative Department....

1. Legislative & Executive Department
By: Alex S. Regado
Administrative Theory and Policy – Making(DPM 603 )
Professor: Max Aljibe

2. Outline
I. Introduction
a. Different Branches of the Government
b. The Principle of Separation of Powers
c. Principle of Check and Balance
II. The Legislative Department

3. DIFFERENT BRANCHES OF THE
PHILIPPINE GOVERNMENT
The structure of the Philippine government is
divided into three branches:
 the Legislative Department (Article 6);
 the Executive Department (Article 7 )7); and
 the Judicial Department (Article 8).

4. THE PRINCIPLE OF SEPARATION OF
POWERS
The powers of the government, by virtue of this principle
are divided into three (3) distinct classes: the legislative, the
executive and the judicial. They are distributed, respectively
among the legislative, executive, and judicial branches or
departments of the government.
Under the principle of co-equal and coordinate powers
among the three (3) branches, the officers entrusted with each of
these powers are not permitted to encroach upon the powers
confided to the others. If one department goes beyond the limits
set by the Constitution, its acts are null and void. The adoption
of this principle was motivated by the belief that arbitrary rule
would result if the same person or body were to exercise all the
powers of the government.

5. PRINCIPLE OF CHECKS AND BALANCES
The three co-equal departments are established by the
constitution in as balanced positions as possible. To maintain
this balance or to restore it if upset, each department is given
certain powers with which to check the others.
-
-
Checks by the President
may veto or disapprove bills enacted by the Congress (Sec.
27:1)
through pardoning power, he may modify or set aside the
judgments of courts (Art. VII, Sec 19)
-
-
Checks by the Congress
Congress may override the veto of the President (Sec.
27:1)
Reject certain appointments of
the President (Art. VII, Sec. 16)
Revoke the proclamation of martial law or suspension of
the writ of habeas corpus by
the President (Art. VII, Section
18)
Amend or revoke the decision
of the Court by the enactment
of a new law or by an
amendment of the old
The power to impeach the
President and the members of
the Supreme Court.
Checks by the Judiciary
the Supreme Court as the final
arbiter may declare legislative
measures or executive acts
unconstitutional (Art. VIII, Sec
4:2)
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. VIII, Sec. 2:2)

6. ARTICLE VI
THE LEGISLATIVE
DEPARTMENT
Upper
&
Lower House

7. ARTICLE VI
THE LEGISLATIVE DEPARTMENT
The legislative power shall be vested in
the Congress of the Philippines, which
shall consist of a Senate and a House of
Representatives, except to the extent
reserved to the people by the provision
on initiative and referendum.

8. Qualification in Congress

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
SENATORS
a natural born citizens 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 (2) years immediately
preceding the day of the election
HOUSE OF REPRESENTATIVES
a natural-born citizen of the Philippines
at least 25 years of age on the day of the election
able to read and write
except for a party-list representative, 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
 ADDITIONAL QUALITICATION FOR PARTY-LIST REPRESENTATIVES:
 a bona fide member of the party or organization which he seeks to represent
for at least ninety (90) days preceding the day of the election,

9. COMPOSITION
SENATE – 24
 Currently the Philippine Senate is composed of 23 Senators
HOUSE OF REPRESENTATIVES
 Not more than 250 members including the Party-list
Representatives
 District Representatives – 80%
 Party-list Representatives -20%
 Currently there are 285 members of the House of
Representatives
 229 – District representatives
 56 – Sectoral Representatives, elected on the basis of one
seat for every 2% of total vote but are limited to 3 seats.

10. TERMS OF OFFICE
 SENATE – 2 consecutive terms allowed with 6 years
per term
 DISTRICT AND PARTY-LIST REPRESENTATIVES
 3 consecutive terms allowed with 3 years per term

11. POWERS OF CONGRESS
THE LEGISLATIVE BRANCH
Congress (Article 6)
1. THE POWER TO ENACT LAWS
2. Police Power
3. Power of Eminent Domain
4. Power of Taxation
5. The power to choose who shall become President in case of tie (Section 4, par.4)
6. The power to impose death penalty (Art. 3, Sec 19)
7. The power to act as a constituent assembly (Art. XVII, section 1)
8. The power to declare the existence of war (Section 23)
9. The power to confirm the appointments of government officials (Section 19)
10. The power to ratify treaty (Art. 7, Section 21)
11. The power to conduct investigation in aid of legislation (Section 21)
12. Immunity from arrest for offenses punishable by not more than six years
imprisonment (Section 11)
13. The power to appropriate money (Section 24 & 25)
14. The power to impeach (Art. XI, Sec. 2)

12. IMPEACHMENT
Impeachment has been defined as a method of
national inquest into the conduct of public men. It is
essentially in the nature of a criminal prosecution before a
quasi-political court, instituted by a written accusation
called “articles of impeachment” upon a charge of the
commission of a crime or some official misconduct or
neglect.
PURPOSE OF IMPEACHMENT
Its purpose is to protect the people from official
delinquencies or malfeasances. It is, therefore, primarily
intended for the protection of the state, not for the
punishment of the offender. The penalties attached to
impeachment are merely incidental to the primary
intention of protecting the people as a body politic.

13. OFFICIALS REMOVABLE BY IMPEACHMENT
The President and Vice-president
2. The Members of the Supreme Court
3. The members of the Constitutional
Commissions (COMELEC, COA &
CSC)
4. The Ombudsman
1.

14. GROUNDS FOR IMPEACHMENTS
 Culpable violation of the Constitution
 Treason
 Bribery
 Graft and Corruption
 Betrayal of Public Trust
 Other High Crimes

15. Article VII
Executive Department

16. The President
is the Chief Executive and also called
the head of State
 is the Commander-in-Chief of the
Armed Forces of the Philippines
Control all government offices (Sec. 17)
and create a new one through
Executive Order.


18. The Vice- President
 can
only assumed the presidency if the
president has died, resigned or permanently
disabled and can no longer function
officially
May be appointed by the President as a
member of his cabinet without any
confirmation from the Commission on
Appointments (CA).

19. VP Jejomar Binay

20. QUALIFICATIONS OF PRESIDENT & VICE PRESIDENT
natural-born citizen of the Philippines
a registered voter
able to read and write
at least forty (40) years of age on the day of
the election
a resident of the Philippines for at least ten
(10) years immediately preceding the
election.

21. TERMS OF OFFICE
President
 6 years term
June 30th
 Non-renewable
Why?
 Subject to pressures
 Can used incumbent
position as an advantage
 First term is used to
ensure re-election
 Give chance to others
 Prevent nepotism and
political dynasties
Vice-President
 6 years term
 June 30th
 Renewable
 Another 6 year term
 2 successive terms
 VP succeeded as President
 If served for more than 4
years
 Disqualified
 Pres. Arroyo

22. Official Residence of the President
Malacañang Palace

23. Salary of the President

Art XVIII Section 17
◦ Until the Congress provides otherwise, the
President shall receive an annual salary of
Php 300,000
◦ Pres. Arroyo issued Exec. Order no. 611
 10% increase over the basic monthly salary of all
civilian government personnel
 Previous Php 60,000
 Php 95,000 (2010)
 First pay check of PNoy (Php 63,000)
 (2011) – Php 107,000
 (2012) – Php 120,000

24. Salary of the Vice-President

2010 – Php 79, 451

2011 – Php 91,000

2012 – Php 103,000

25. POWERS OF THE PRESIDENT (Constitution)
THE EXECUTIVE BRANCH
President (Article 7)
1. THE POWER TO IMPLEMENT LAWS
2. Administrative Power and control over the agencies of the
governments(Section 17)
3. The power to appoint government officials (Section 16)
4. The power to commute sentence, grant pardon, reprieve and
amnesty (Section 19)
5. The power to declare martial law (Section 18)
6. The power to suspend the privilege of writ of habeas corpus
(Section 18)
7. The power to veto a law (Art. 6, Section 7)
8. The power of supervision and control over the local government
(Art. X, Section 4)
9. The power to conduct treaty and international agreement with
other states (Section 21)

26. 10. The power to ratify the treaty
11. The power to declare martial law
12. The power to settle actual controversies involving
rights which are legally demandable and
enforceable
13. The power to act as a constituent assembly
14. The power to declare the existence of war
15. The power to confirm the appointments of
government officials
16. The power to veto a law
17. The power of supervision and control over the local
government
18. The power to conduct investigation in aid of
legislation
19. The power to conduct treaty and international
agreement with other states

27. Executive Branch of the Philippine Government

28. Section 22 & 23
 The President shall submit to the Congress within 30 days from
the opening of every regular session, as the basis of the general
appropriation bill, a budget of expenditures and sources of
financing, including receipt from existing and proposed revenue
measures.
 The President shall address the Congress at the Opening of its
regular session. He may also appear before it at any other time.
Note:
Under the Aquino Administration, the DBM has established a new
tradition of beginning the Budget Preparation phase earlier, to ensure
that the National Budget is enacted on time. Under the new Budget
Preparation Calendar, the Budget Call is issued in December (versus
around April in the past); and the submission of the President’s budget
a day after the State of the Nation Address (in contrast to earlier
practice where it is submitted during the late in the 30-day window that
the Constitution prescribes).

29. Powers of the President under Executive Order
no. 292 s. 1987 (Administrative Code of 1987)
Besides the Constitution, the powers of the President of the
Philippines are specifically outlined in Executive Order no.
292 s. 1987, otherwise known as the Administrative Code of
1987. The following powers are:
1. Power of control over the Executive Branch
The President of the Philippines has the mandate of control
over all the executive departments, bureaus, and offices. This
includes restructuring, reconfiguring, and appointments of
their respective officials. The Administrative Code also
provides for the President to be responsible for the above
mentioned offices strict implementation of laws.

30. 2. Power Ordinance Power
The President of the Philippines has the power give executive
issuances. Executive Issuance are means to streamline the
policy and programs of an administration. There are six
issuances that the President may issue. They are the
following as defined in the Administrative Code of 1987:
 Executive Orders. — Acts of the President providing for
rules of a general or permanent character in
implementation or execution of constitutional or statutory
powers shall be promulgated in executive orders.
 Administrative Orders. — Acts of the President which
relate to particular aspects of governmental operations in
pursuance of his duties as administrative head shall be
promulgated in administrative orders.

31. Proclamations. — Acts of the President fixing a date or declaring
a status or condition of public moment or interest, upon the
existence of which the operation of a specific law or regulation is
made to depend, shall be promulgated in proclamations which
shall have the force of an executive order.
Memorandum Orders. — Acts of the President on matters of
administrative detail or of subordinate or temporary interest which
only concern a particular officer or office of the Government shall
be embodied in memorandum orders.
Memorandum Circulars. — Acts of the President on matters
relating to internal administration, which the President desires to
bring to the attention of all or some of the
departments, agencies, bureaus or offices of the Government, for
information or compliance, shall be embodied in memorandum
circulars.
General or Special Orders. — Acts and commands of the
President in his capacity as Commander-in-Chief of the Armed
Forces of the Philippines shall be issued as general or special
orders.

32. 3. Power over Aliens
The President of the Philippines has the power over non-Filipinos in the
Philippines. The powers he may exercise over foreigners in the country are
as follows:
The Chief Executive may have an alien in the Philippines deported from
the country after due process.
The President may change the status of a foreigner, as prescribed by
law, from a non-immigrant status to a permanent resident status without
necessity of visa.
The President may choose to overrule the Board of Commissioners of the
Bureau of Immigration before their decision becomes final and executory
(after 30 days of the issuance of the decision). The Board of
Commissioners of the Bureau of Immigration jurisdiction over all
deportation cases.
The President is also mandated by the Administrative Code of 1987 to
exercise powers as recognized by the generally accepted principles of
international law.

33. 4. Powers of Eminent Domain, Escheat, Land
Reservation and Recovery of Ill-gotten Wealth
The President of the Philippines has the authority to
exercise the power of eminent domain. The power of
eminent domains means the state has the power to seize or
authorize the seizure of private property for public use
with just compensation. There are two constitutional
provisions, however, that limit the exercise of such power.
Article III, Section 9 (1) of the Constitution provides that
no person shall be deprived of his/her life, liberty, or
property without due process of law. Furthermore, Article
III, Section 9 (2), provides that private property shall not
be taken for public use without just compensation.

34. Power of Eminent Domain. — The President shall
determine when it is necessary or advantageous to
exercise the power of eminent domain in behalf of the
National Government, and direct the Solicitor
General, whenever he deems the action advisable, to
institute expropriation proceedings in the proper court.
 Power to Direct Escheat or Reversion Proceedings. —
The President shall direct the Solicitor General to
institute escheat or reversion proceedings over all lands
transferred or assigned to persons disqualified under
the Constitution to acquire land.
 Power to Reserve Lands of the Public and Private
Domain of the Government. —

35. Power to Reserve Lands of the Public and Private
Domain of the Government. —
(1) The President shall have the power to reserve for
settlement or public use, and for specific public purposes, any
of the lands of the public domain, the use of which is not
otherwise directed by law. The reserved land shall thereafter
remain subject to the specific public purpose indicated until
otherwise provided by law or proclamation.
(2) He shall also have the power to reserve from sale or other
disposition and for specific public uses or purposes, any land
belonging to the private domain of the Government, or any of
the Friar lands, the use of which is not otherwise directed by
law, and thereafter such land shall be used for the purposes
specified by such proclamation until otherwise provided by
law.

36. Power over Ill-gotten Wealth. — The President shall direct
the Solicitor General to institute proceedings to recover
properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees.
Within the period fixed in, or any extension thereof
authorized by, the Constitution, the President shall have the
authority to recover ill-gotten properties amassed by the
leaders and supporters of the previous regime and protect the
interest of the people through orders of sequestration or
freezing of assets or accounts.
5. Power of Appointment
The President may appoint officials of the Philippine
Government as provided by the Constitution and laws of the
Philippines. Some of these appointments, however, may
need the approval of the Committee on Appointments. (A
committee composed of members from the House of
Representatives and the Senate of the Philippines)

37. 6. Power of General Supervision Over Local
Governments
The President of the Philippines, as Chief Executive, has
the mandate to supervise local governments in the
Philippines, despite their autonomous status as provided
by RA 7160 otherwise known as the Local Government
Code of 1991.
Traditionally, this is done by the Department of the
Interior and Local Government, headed by a Cabinet
Secretary; an alterego of the President.

38. 7. Other Powers
Aside from the aforementioned powers of the President
of the Philippines, he can also exercise powers
enumerated in the Constitution and powers given to him
by law.

39. Line of Succession
The Constitution provides for a line of succession in the event that
the elected President of the Philippines is not able to discharge the
duties of his office due to death, disability, or resignation. The
following is the line of succession:
1. Vice President – in cases of the death, disability, or resignation of
the President
2. Senate President – in cases of the death, disability, or resignation
of the President and Vice President
3. Speaker of the House of Representatives – in cases of the death,
disability, or resignation of the President, Vice President, and
Senate President
The Congress of the Philippines is mandated enact a law calling for
a special election three days after the vacancy in the Office of the
President and Vice President. The special election should occur 40
days after the enactment of the law but not later than 60 days after
the enactment of the law.