COMPARATIVE ANALYSIS

OF THE LEGISLATIVE,
EXECUTIVE AND JUDICIAL
BRANCHES
 Legislative power - make, alter or repeal laws

 Executive power – implement and see to it that

the laws are faithfully executed

 Judicial power – 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.
TO WHOM VESTED

 L- 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.

 E- shall be vested in the President of the

Philippines

 J- shall be vested in one Supreme Court and in

such lower courts as may be established by law
AS TO QUALIFICATIONS
For the Legislative Branch
 Qualifications of Senators:
- Natural born citizen
- At least 35 years old on day of election
- Able to read and write
- Registered voter
- Resident for at least 2 years immediately preceding
the day of the election

 Qualifications for Members of HOR:

- Natural born citizen of the Philippines
- At least 25 years old on the day of election
- Able to read and write
- Registered voter in the district he seeks to represent
- Resident of such district for at least one year
immediately preceding the day of the election.
 Qualification of a Party List Representative
- Natural born citizen
- At least 25 years of age on the day of the election
-(youth sector- at least 25 but not more than
30 yrs old)
- Able to read and write
- Bona fide member of the party for at least 90 days
preceding the election

For the Executive Branch:

 Qualification of the President:
- Natural born citizen
- Registered voter
- Able to read and write
- At least 40 years of age on the day of the election
- Resident of the Philippines for at least 10 years
immediately preceding the election.
For the Judicial Branch:
 Qualifications of the Members of the Supreme Court
and the Lower Collegiate Court :
- Natural born citizen
- At least 40 years of age
- Must have been for 15 years or more a judge of a lower
court or engaged in the practice of law in the Philippines
- Must be a person of proven competence, integrity,
probity, and independence

 Qualifications of the Members of the Non-collegiate

Lower Court:
- Citizen of the Philippines
- Member of the Philippine Bar
- Possessing the other qualifications prescribed by
Congress
- Persons of proven competence, integrity, probity and
independence
 AS TO THEIR TERMS/LIMITS
For the Legislative Branch:
 Senators: 6 years commencing at noon June 30 next following
their election.
 Term limitations:

1. No Senator shall serve for more than 2 consecutive terms.

2. Voluntary renunciation of office 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.

 Members of HOR: Each member of the house shall be elected for a

term of 3 years which shall commence at noon June 30 next
following their election.
 Term limitation:

1. No member of the House of Representatives shall serve for more

than 3 consecutive terms.
2. Voluntary renunciation of office 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.
For the Executive Branch:
 President & Vice-President: elected by direct vote of
the people for a term of 6 years which shall begin at
noon on the 30th day of June next following their
election.

 Term limitations:
1. The President shall not be eligible for any re-election.
2. No person who has succeeded as President and has
served as such for more than 4 years shall be qualified
for election to the same office at any time.
3. No Vice-President shall serve for more than 2
successive terms.
4. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the
continuity of service for the full term for which he was
elected.
For the Judicial Branch:
 The members of the Supreme Court and judges of
lower courts shall hold office during good
behavior until they reach the age of 70 or become
incapacitated to discharge the duties of their
office.
VACANCIES – HOW FILLED

For the Legislative Branch:

 In case of vacancy on the Senate or in the House
of Representatives, a special election may be
called to fill such vacancy in the manner
prescribed by law, but the Senator or Member of
the House of Representatives thus elected shall
serve only for the unexpired term.
For the Executive Branch:
 At the beginning of the term, if the presidency is
vacant:
1. The Vice President-elect becomes President:
-until the President-elect becomes qualified;
-until a President has been chosen;
-when the President died or became personally
disabled.
2. The President of Senate or Speaker of the House
shall act as President:
-when no President or Vice President is chosen
or qualified;
-both died or permanently disabled.
3. The Congress shall pass a law if the Speaker of the
House is not qualified
 In vacancy situations after the office has been initially
filled:
1. The Vice President-elect becomes President
-in case of death, permanent disability, removal from
office or resignation of the President.
2. The President of Senate or Speaker of the House shall act
as President
-in case of death, permanent disability, removal from
office or resignation of the President and Vice President
3. The Congress shall, by law, provide who shall serve as
President in case of death, permanent disability, removal
from office or resignation of the Acting President.

 If the vice presidency is vacant:

-the President shall nominate from the Senate or
House of Rep who shall become Vice President upon
confirmation of the majority vote of the members of the
Senate and House of Rep, voting separately.
 Congress shall convene on the 3rd day after the
vacancy to enact a law calling for special election to
be held not later than 60 days.
 Special elections cannot be postponed and no special
election shall be held within 18 months before the
next presidential election.

 Whenever the President transmits to the President of

the Senate and Speaker of the House his written
declaration that he is unable to discharge his duties,
the Vice President will be the Acting President.
 When the President transmits his written declaration
that no inability exists, he shall reassume the powers
and duties of his office.
 In case of serious illness of the President, the public
shall be informed of his state of health.
For the Judicial Branch:
 The Members of the Supreme Court and judges of
the lower courts shall be appointed by the
President from a list of at least three nominees
prepared by the Judicial and Bar Council for
every vacancy. Such appointments need no
confirmation.
 For the lower courts, the President shall issue
the appointments within ninety days from the
submission of the list.
AS TO THEIR PROHIBITIONS
For the Legislative Branch:
 Senator/ Member of House cannot hold any other office or
employment in the government or any subdivision, agency
or instrumentality including GOCCs or their subsidiaries
 Legislators cannot be appointed to any office which may
have been created or the emoluments thereof increased
during his term
 Legislators cannot personally appear as counsel before
any court of justice, electoral tribunal, quasi-judicial and
administrative bodies
 Legislators cannot be financially interested directly or
indirectly in any contract with or in any franchise or
special privilege granted by the government or any
subdivision, agency, instrumentality, including any
GOCC or its subsidiary
 Legislators cannot intervene in any matter before any
office of the government for his pecuniary benefit
For the Executive Department:
 The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, unless
otherwise provided in this Constitution, hold any other
office or employment during their tenure.
 They shall not, during said tenure, directly or indirectly,
practice any other profession, participate in any business,
or be financially interested in any contract with, or in any
franchise, or special privilege granted by the Government
or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or
their subsidiaries.
 They shall strictly avoid conflict of interest in the conduct
of their office.
 The spouse and relatives by consanguinity or affinity
within the fourth civil degree shall not, during his tenure,
be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of
bureaus or offices, including government-owned or
controlled corporations and their subsidiaries.
For the Judicial Branch:
 The Members of the Supreme Court and of other
courts established by law shall not be designated
to any agency performing quasi-judicial or
administrative functions.