Branches of the Government
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Angelika Gee DrayBranches of the Government
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Angelika Gee DrayLEGISLATIVE BRANCH AND JUDICIARY BRANCH
The Legislative branch is authorized to make laws, alter, and repeal them through the
power vested in the Philippine Congress. This institution is divided into the Senate and
the House of Representatives.
The Senate shall be composed of twenty-four Senators who shall be elected at large by
the qualified voters of the Philippines, as may be provided by law; the House of
Representatives shall be composed of not more than 250 (unless otherwise fixed by
law), 20 percent of whom must be Party-list representatives.
The qualifications to become a senator, as stipulated in the constitution, are:
1. a natural-born citizen of the Philippines; at least thirty-five years old;
2. is able to read and write
3. a registered voter; and
4. a resident of the Philippines for not less than two years before election day
Meanwhile, the constitution provides for the following criteria to become a member of
the House of Representatives:
1. a natural-born citizen of the Philippines;
2. at least twenty-five years old;
3. is able to read and write; and
4. except the party-list representatives, a registered voter and a resident for at least
one year in the district where s/he shall be elected.
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:
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.
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.
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.
The Judicial branch holds the power to settle controversies involving rights that are
legally demandable and enforceable. This branch determines whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part
and instrumentality of the government. It is made up of a Supreme Court and lower
courts.
Judicial power rests with the Supreme Court and the lower courts, as established by law
(Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies
involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)).
The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the
Legislature below the appropriated amount the previous year (Art. VIII, Sec. 3).