Separation of Powers & Checks and Balances

Understanding the Philippine Government

Bicameral Congress (Type of Legislature)

• Provides representation for both national and local interests.

• Allows for more careful deliberation of proposed laws, preventing hasty legislation.

• Proposed legislation must be approved by both chambers, increasing scrutiny.

• More expensive to maintain due to separate facilities and staff for two sets of legislators.

• Legislative processes are longer; proposed laws must pass through both chambers, causing delays.

Advantages and Disadvantages

• Advantages:

  • Improved representation and careful study of laws.

  • Reduction of legislative despotism since chambers are independent.

• Disadvantages:

  • Longer legislative process can delay necessary laws.

  • Potential for deadlock between chambers impedes legislative action.

Unicameral Congress

• More economical and efficient; maintaining a single chamber is less costly.

• Speedy legislation as only one chamber is involved in deliberation and approval of laws.

• Easier to determine responsibility for legislation, holding specific legislators accountable.

• Tends toward parochialism, focusing on local interests rather than national implications.

• Prone to hasty decision-making without checks on proposed legislation.

Advantages and Disadvantages

• Advantages:

  • Faster legislative process and clearer accountability.

• Disadvantages:

  • Lack of checks can lead to poorly considered laws.

  • Greater susceptibility to interests that may be vested in legislators.

Philippine Government Structure

• Presidential: Power rests with the people in a republic.

• Unitary: Centralized political structure.

• Modeled after the U.S. system; established through the 1987 Constitution.

  • Bicameral legislature and independent judiciary.

Principles of Presidential Government

Separation of Powers

• Fundamental principle ensuring no single branch has absolute power; branches operate independently.

• Checks and Balances

  • A system designed to prevent any branch from gaining too much power.

  • Power is meant to act as a check against other powers.

Importance of Separation of Powers

• Institutionalized by James Madison in the U.S. Constitution.

• Apolinario Mabini emphasized a unified but separated authority in government functions.

• Each power is distinct:

  • Legislative Power: Enacts laws (Art. 6).

  • Executive Power: Executes laws (Art. 7).

  • Judicial Power: Interprets laws in disputes (Art. 8).

• Officers in each department cannot overstep their defined powers.

Checks and Balances

• Allows limited encroachment of powers to maintain balance.

• Tools to ensure no department dominates another.

• Examples include the President's veto over legislations, Congress's ability to limit Supreme Court jurisdiction, and judicial review.

Examples of Checks and Balances

• Congress can limit Supreme Court jurisdiction;

• Supreme Court can invalidate Congressional acts;

• Congress must approve presidential amnesties.

Separation of Powers Compliance

• Government officials cannot serve in multiple branches simultaneously.

• References from Articles 6, 7, and 8 provide legal grounding.

Legislative Department Overview

• Legislative power is seen as paramount in democratic governance.

• Expresses the people’s sovereignty through law-making.

• Structure: Congress of the Philippines includes a Senate and House of Representatives (Article VI).

Legislative Power Features

• Authority to create, alter or repeal laws.

• Executive agencies may enact regulations but must align with laws made by Congress.

Laws Defined

• Statutes that govern relationships among individuals and between individuals and government.

Classification of Legislative Power

• Original: Power held by the sovereign people.

• Derivative: Power delegated to Congress by the people.

• Constituent Power: Amending or revising the Constitution.

• Ordinary Power: Passing regular legislation.

Non-Legislative Powers of Congress

• Includes declaring states of war, conducting elections, assessing presidential fitness, and regulating martial law.

• Powers related to treaties, amnesties, appointments, impeachment, and internal organization.

Bicameral Legislature

• Consists of two houses in the Philippine context: Senate and House of Representatives.

Legislative Process Overview

• Proposal originates from various public and governmental sources.

• Bills are filed in either the House of Representatives or the Senate, labeled accordingly (H.B./S.B.).

• The first reading introduces the bill and refers it to the appropriate committee for further action.

• Voting processes follow, with amendments, sponsorship, and debates involved at various stages.

Conflict Resolution in Legislation

• A Bicameral Conference Committee is formed to resolve conflicting provisions between the two chambers.

Presidential Action After Legislation

• Bills need presidential approval or will lapse into law after 30 days without action.

• Acts take effect 15 days after publication in the Official Gazette or national newspapers.

• Vetoes can be overridden by a 2/3 vote from both houses.