The Branches of the Philippine Government

under the 1987 Philippine Constitution

- As Compiled by Atty. Archill Niña Faller-Capistrano, MInternatRel -
(With special acknowledgment of the Outline/Reviewer in Political Law by Antonio B. Nachura, 1996 Ed.)

Art. VI Art. VII Art. VIII

Points of Comparison
Legislative Dept. Executive Dept. Judicial Dept.
Where authority is vested Congress of the Phils. President of the Phils. Supreme Court of the
[Sec.1] [Sec. 1] Phils. & Statutory Courts
exc: People’s Initiative [Sec. 1]
on
Legislation [Sec.
32]
Composition Senate H. of Reps. President Supreme -Court of
[Sec. 1] [Sec. 1] Vice President (VP) Court: Appeals
200 District Cabinet Members -Regional
1 Chief
50 Party- Presidential Offices Trial
Justice
List (20% (Local chief executives in Courts
14 Assoc.
of 250) the local level) -Metropoli-
Justices
24 250 Total tan Trial
15 Justices
[Sec. 2] exc: otherwise Court
provided by en banc or -Municipal
law divisions Trial
note: no (3,5,7) Court in
religious Cities
sector [Sec. 4] -Sp. Courts
[Sec. 5(1)&(2)]
[Sec. 3] [Sec. 6] President VP Justices Judges
Natural- Natural-born [Sec. 2] [Sec. 3] [Sec. 7] [-ditto-]
Citizenship born Filipino Natural-born Natural-born Citizen of
Q Filipino Filipino - ditto - Filipino the Phils.
At least At least 25 At least 40 At least 40
U 35 years old on years old on years old at
Age years election day election day - ditto - the time of - NA -
A old on appoint-
election ment
L day
At least At least 1 yr. At least 10
I 2 yrs. prior to yrs. prior to - ditto -
prior to election (in the election
F Residence election place of - NA - - NA -
representation
I for district
reps.)
C Able to Able to read & Able to read
Literacy read & write & write - ditto - - NA - - NA -
A write
Regis- Registered Registered Lower Court
T tered voter (in the voter - ditto - Judge or
voter place of Law
I representation practitioner - NA -
for district in the Phils.
O Other qualifications reps.) for at least
15 years
N Of proven:
Competence
S Integrity
Probity
Independence
How chosen Elected Elected by: Elected by direct vote

Branches of Government in the 1987 Phil. Constitution – A. N. F. Capistrano Page 1 of 6

 at large Districts [Sec. 4 (1)] Appointment by the
[Sec. 2] Party-List Sys. President from JBC
[Sec. 5]
nd nd
When? 2 Monday of May 2 Monday of May When a vacancy is
[Sec. 8] [Sec. 4 (3)] created.
How election contests are By the Electoral Tribunal Supreme Court en banc
- NA -
resolved in each house [Sec. 17] [Sec. 4]
Legal Basis Senate H. of Reps. President VP
T [Sec. 4] [Sec. 7] [Sec. 4] [Sec. 4(2)] [Sec. 8]
E Maximum number of 2 3 1 2 During good behavior
R term/s Until 70 yrs. or
M Number of years per term 6 3 6 6 incapacity
Re-election/s (if allowed) 1 2 - NA - 1
Total years if re-elected 12 9 6 12
Effect of voluntary No interruption of term No interruption of term - NA -
renunciation
Removal from Office 1) Lapse of Term 1) Lapse of Term 1) Lapse of Term
2) Expulsion by peers 2) Impeachment [ Art. XI, 2) Impeachment [ Art. XI,
[Sec. 20] Sec. 2] Sec. 2]
*Permanent: [Sec. 7] Justices Judges
How vacancies are filled up Special election to serve President VP
for the unexpired term B Death - be- [Sec. 9] [Sec. 10]
[Sec. 9] e comes Appointment Appoint-
g Pres. by the Pres. ment by
i -if not- from a list of the Pres.
n To Act at least 3 within 90
n as nominees days from
i Pres.: prepared by the
n - Sen. the Judicial submission
g Pres. & Bar of the list
-House Council by the
Speaker Judicial &
of Permanent - ditto - Note: Bar
disability No need for Council.
*Temporary: [Sec. 7] confirmation
President VP by the
T Failure to - acts Commission
e qualify (oath) as on Appoint-
r Pres. ments
m Pres. not - ditto -
chosen
*Permanent: [Sec. 8] Note: Note:
President VP Composition
D Death - be- and - ditto -
u comes qualification
r Pres. of the
i then Judicial &
n [Sec. 9 Bar Council
g Permanent [Sec. 8(1)
- ditto -
&(3)]
disability
Removal
t from office - ditto -
h [c.ref: Art. XI]
e Resignation - ditto -
*Temporary: [Sec. 11]
Temporary - acts
T disability – as
e 1) Pres. Pres.
r transmits
m written decl’n
to Sen. Pres.

Branches of Government in the 1987 Phil. Constitution – A. N. F. Capistrano Page 2 of 6


How vacancies are filled up
(continued…)
Salaries/Privileges
Powers & Limitations
Branches of Government in the 1987 Phil. Constitution – A. N. F. Capistrano
& House
Speaker;
2) Majority of
all Cabinet
Members
transmit
written
dec’ln;
3) If conflict
(5 days by
Cabinet
maj.)
Congress
decides by
2/3 vote of
both houses
separately
[Sec. 10]
B Congress must:
o 1) convene w/o call at
rd
t 10 am of 3 day from
h occurrence of vacancy;
2) enact w//in 7 days a
O law calling for special
f election to be held not
f earlier than 45 days nor
i later than 60 days from
c call.
e exc: vacancy occurs
s w/in 18 mos. before
next election
[Sec. 10] [Sec. 6]
Determined by law Determined by law Fixed by law; may not be
Increase is effective only Increase is effective only decreased during their
after expiration of full after expiration of full term continuance in office.
term of all congressmen of the incumbent when
approving such increase. increase was approved. [Sec. 3]
Fiscal autonomy
[Sec. 12]
Parliamentary Immunity:
*Freedom from Arrest
While Congress is in
session & for offenses
punishable by not more
than 6 yrs. imprisonment
*Privilege of Speech &
Debate
No liability for any speech
or debate in Congress or
any committee thereof.
Legislative Power Executive Power Judicial Power
[Sec. 1] [Sec. 1 & 17] [Sec. 1]
* Substantive/Scope * Power to decide on
- People’s Initiative on justiciable questions
legislation [Sec. 32] (cases/controversy which
- Increasing SC involve legally
Jurisdiction [Sec. 30] demandable &
- No titles of royalty/ enforceable rights):
nobility [Sec. 31] * Judicial Review
* Procedural (determine if there’s grave
- Sessions, discipline,  Call Congress to a abuse of discretion
public disclosure, Special Session [Art. VI, amounting to lack or
Page 3 of 6
 adjournment
[Sec. 15]
- Singularity of subject
in bills [Sec. 26]
- 3 readings [Sec. 26]
- Veto Power of the
Pres. [Sec. 27]
Counter-veto Power  Veto Power
2/3 vote [Sec. 27]
Concurrence on  Power of Appointment
Appointments
by the Commission on
Appoinments [Sec. 18]
Power of Legislative 
Investigation & the
Question Hour
[Secs. 21 & 22]
Note:
- in aid of legislation
- in accd. w/ rules of proc.
- non-violation of rights
War Powers
[Sec. 23]
- Declare the existence of
a State of War with 2/3
vote of both houses in
joint session
- Grant Emergency
Powers to the Pres.
Note:  Emergency Powers
-Just to enforce a
declared national policy
-In times of emergency
-Revocable anytime
-Expires upon
adjournment if not
revoked
Power to Revoke or  2) Subject to revocation or
Extend Martial Law
Declaration or Habeas
Corpus Writ Suspension
[Art. VII, Sec. 18]
Branches of Government in the 1987 Phil. Constitution – A. N. F. Capistrano
Sec. 15]
 Pres. returns bill to the
House of origin with written
objections within 30 days
from receipt of the bill.
[Sec. 16]
This presupposes the
power of removal
- limit against midnight
appointments & nepotism
[Sec. 14 & 15]
Power of Control
[Sec. 17]
Power to alter, modify,
nullify or set aside what
subordinate officer/s did in
performance of duties &
substitute judgment
Also includes discipline of
COMELEC deputies
General Supervision over
LGU’s & Autonomous
Regional Governments
[Art. X, Sec. 4]
[Art. VI, Sec. 23]
Military Power as AFP
Commander-in-Chief
[Sec. 18]
*Lawless violence,
Invasion, Rebellion:
- Call on AFP to suppress
* Invasion or Rebellion
IF public safety requires
- Declare Martial Law &/or
- Suspend the Privilege of
the Writ of Habeas
Corpus
Note:
1) Report to Congress with-
in 48 hours;
extension by Congress
3) Subject to SC ruling
4) Expires 60 days after
5) Persons not charged and
excess of jurisdiction from
any gov’t. br./instrumtality
Note:
Judicial Review-2 aspects:
1) Inter-branch [Sec. 1,
par 2]
2) Intra-judiciary [Sec. 5
(2)]
 Judicial Review
[Sec. 1, par. 2]
Note: Non-delegation to
any agency with
quasi-judicial or
administrative functions
SC Jurisdiction:
- Original [Sec. 5(1)]
- Appellate [Sec. 5(2)]
Note: May be increased
by Congress with SC
Consent [Art. VI, Sec.
30]
Other powers:
- Temporary Assignment
of Judges [Sec. 5(3)]
Note: Security of Tenure
- Order change of venue
[Sec. 5(4)]
- Rule-making power [Sec.
5(5)]
- Appointment of judicial
personnel [Sec. 5(6)]
- Administrative
supervision [Sec. 6]
- Discipline of lower court
judges [Sec. 11]
 Power to rule on the
constitutionality of martial
law declaration or Habeas
Page 4 of 6

Power to Concur in  Amnesty
Presidential Amnesties
[Art. VII, Sec. 19]
Electoral Powers
- Contest Resolution for
Congressional
Elections via the
Electoral Tribunals
(SET/HRET) [Sec. 17]
- The official Board of
Canvassers for
Presidential Elections
[Art. VII, Sec. 4]
- Call for Special
Presidential Elections
in case of vacancy in
the offices of the Pres.
& VP Art. VII, Sec. 10]
Power to Concur in  Diplomatic or Treaty/Agmt.-
Treaties/Agmt.
2/3 of Senate
[Art. VII, Sec. 21]
Appropriation Power 
or the Power of the Purse
and Disbursement Power
[Secs. 24 & 25]
Power to Tax  Tariff Powers
[Sec. 28]
Grant to Pres. of power to
set tariff rates at certain
conditions
Note: Tax Exemptions –
1) Constitutional
2) Congressional –
majority vote
Power to Judge the
Fitness of the President
[Art. VII, Sec. 11]
Power of Impeachment
[Art. XI, Secs. 2 & 3]
Branches of Government in the 1987 Phil. Constitution – A. N. F. Capistrano
put to trial within 3 days Corpus Writ Suspension
will be released. [Art. VII, Sec. 18]
Pardoning Power  Judicial Power Check
[Sec. 19]
Grants of:
Pardon
Commutation
Reprieve
Remission of Fines
Forfeiture of fines
Note:
Only upon conviction by
final judgment
Not applicable on –
Impeachment
Violation of Election Laws
exc: with COMELEC
recommendation
Legislative or civil contempt
Extinguishment of civil
liability
Effecting restoration of
forfeited public office
Borrowing Power
[Sec. 20] Note: Must be
with concurrence of the
Monetary Board and report
to Congress
Making Power
[Sec. 21] Note: Must be
with concurrence of 2/3 of
Senate
Budgetary Power
[Sec. 22] Note: The
submission must be within
30 days from the opening of
the regular session of
Congress
[Art. VI, Sec. 28]
Informing Power
[Sec. 23] Note: The SONA
 Check on President’s
Temporary Incapacity
Page 5 of 6
 Power vis-à-vis Natural
Resources
[Art. XII]

Constituent Power
Propose Amendments or
Revisions to the Consti-
tution [Art. XVII, Sec. 1]

Note: Note: Note:

Prohibition on Prohibition against Form of Decision

Incompatible Offices Double Compensation & [Secs. 13 & 14]
Forbidden Offices holding another office Periods for Decision
[Sec. 13] [Secs. 6 & 13] [Sec. 15]

Branches of Government in the 1987 Phil. Constitution – A. N. F. Capistrano Page 6 of 6