Powers of Government
The powers of government are classified under three main categories, based on the doctrine of separation of powers, which is enshrined in the 1987 Philippine Constitution.
1. Legislative Power
Legislative power is the authority to make, amend, or repeal laws. This power is vested in Congress, which is a bicameral body composed of the Senate and the House of Representatives.
⚡⚡⚡ Always identify which branch exercises the power—many bar questions test usurpation of legislative power by the Executive or Judiciary.
Senate: The upper chamber with 24 senators elected at large by qualified voters.
⚡⚡⚡ Senators’ nationwide constituency matters in questions on term limits, qualifications, and impeachment trials (Senate as impeachment court).
House of Representatives: The lower chamber of Congress, composed of district representatives and party-list representatives, designed to ensure both geographic and sectoral representation in legislation.
⚡⚡⚡ A high-frequency bar topic. Expect questions on party-list eligibility, apportionment of districts, and the House’s exclusive power to initiate impeachment cases.
⚠️ Classic bar trap: assuming party-list seats are only for marginalized groups—watch for cases clarifying national and sectoral parties.
Constitutional Basis: Article VI of the 1987 Constitution gives Congress the power to legislate.
⚡⚡⚡ Always cite Article VI when grounding legislative authority—this is crucial when analyzing validity of statutes, delegation of power, or legislative procedure defects.
2. Executive Power
Executive power is the authority to enforce and implement laws, vested in the President of the Philippines, who acts as Head of State, Head of Government, and Commander-in-Chief.
The President operates with the support of the Vice President, Cabinet, and the executive departments and agencies, which function as extensions of presidential authority.
⚡⚡⚡ A frequent bar staple. Always separate law execution from law-making—the President may issue executive orders only to carry out existing statutes, never to create new policy without legislative basis.
⚠️ Classic bar trap: executive overreach disguised as implementation, improper use of delegated powers, and misapplication of the alter ego doctrine (acts of Cabinet secretaries bind the President unless disapproved).
Constitutional Basis:
Article VII of the 1987 Constitution defines the powers and duties of the President.
⚡⚡⚡ Routinely tested in issues involving commander-in-chief powers, appointments, foreign affairs, executive privilege, and judicial review for grave abuse of discretion.
⚠️ Trap alert: treating political questions as immune from review—remember expanded judicial power allows review for grave abuse.
3. Judicial Power
Judicial power is the authority to interpret laws and resolve legal disputes, vested in the Supreme Court and lower courts established by law.
It includes the power to decide actual controversies involving legally demandable and enforceable rights and the power of judicial review, which allows courts to assess the constitutionality of laws, treaties, executive acts, and other government actions.
⚡⚡⚡ One of the most bar-tested doctrines. Always confirm the presence of an actual case or controversy, locus standi, and ripeness before jumping into the merits.
⚠️ Classic bar trap: skipping these threshold requirements and going straight to judicial review, or assuming courts cannot review discretionary or political acts.
Constitutional Basis:
Article VIII of the 1987 Constitution establishes the judiciary and defines its powers.
⚡⚡⚡ This is the anchor provision for expanded judicial power—courts may review acts of any branch for grave abuse of discretion.
⚠️ Trap alert: treating “political questions” as automatically non-justiciable; under Article VIII, they may still be reviewed if grave abuse is shown.
Other Important Powers:
1. Police Power
Police power is the State’s inherent authority to regulate conduct and impose restraints to protect public health, safety, morals, and general welfare. It is carried out through laws, ordinances, and regulations—and while all branches may be involved, actual enforcement is primarily executive.
⚡⚡⚡ One of the most tested doctrines in Constitutional Law. Always apply the two-part test:
(1) lawful subject — the regulation must serve public welfare; and
(2) lawful means — the measure must be reasonable and not oppressive.
⚠️ Classic bar trap: confusing police power with eminent domain or taxation—remember, police power regulates (no compensation), while eminent domain takes (with compensation).
2. Power of Eminent Domain
This refers to the State’s power to take private property for public use, as long as just compensation is paid—commonly called expropriation.
The Legislature authorizes when and how the power may be used, while the Executive implements it through actual taking.
⚡⚡⚡ Always check the two constitutional requirements—public use (now broadly read as public purpose) and just compensation.
⚠️ A classic bar trap is confusing eminent domain with police power, which requires no compensation.
3. Power of Taxation
The power of taxation is the State’s authority to impose and collect taxes to fund government operations and public services. Congress determines the tax through legislation, while the Executive implements and collects it through revenue agencies.
⚡⚡⚡ A bar mainstay. Always distinguish taxation from police power and eminent domain: taxes are imposed primarily for revenue, must comply with uniformity and equity, and require legislative authority.
⚠️ Classic bar trap: treating a regulatory fee or exaction as a tax (or vice versa)—watch the primary purpose and effect of the measure.
Check and Balance System
The powers of the Philippine government operate under a system of checks and balances, where each branch can limit or restrain the others to prevent the concentration of power. This structure ensures that no single branch dominates and that constitutional boundaries are enforced in practice.
⚡⚡⚡ Core bar doctrine. Typical examples you must instantly recall:
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The Judiciary may strike down acts of the Executive or Legislature for unconstitutionality (judicial review).
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The President may veto bills passed by Congress.
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Congress may override a presidential veto by a two-thirds vote of all its Members.
⚠️ Classic bar trap: treating checks and balances as a violation of separation of powers—remember, they are complements, not contradictions.