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.
• Senate: The upper chamber with 24 senators elected at large by qualified voters.
• House of Representatives: The lower chamber, composed of district representatives and party-list representatives.
Constitutional Basis: Article VI of the 1987 Constitution gives Congress the power to legislate.
2. Executive Power
Executive power is the authority to enforce and implement laws. This power is vested in the President of the Philippines, who serves as the head of state, head of government, and commander-in-chief of the armed forces.
• The President is supported by the Vice President and the Cabinet.
• The executive branch also includes various government departments and agencies.
Constitutional Basis: Article VII of the 1987 Constitution outlines the powers and responsibilities of the President.
3. Judicial Power
Judicial power is the authority to interpret laws and resolve legal disputes. This power is vested in the Supreme Court and other lower courts as established by law.
• The judiciary has the power to settle actual controversies involving rights that are legally demandable and enforceable.
• It also includes the power of judicial review, which allows courts to determine the constitutionality of laws, treaties, executive orders, and other governmental acts.
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Constitutional Basis: Article VIII of the 1987 Constitution establishes the judiciary and its powers.
Other Important Powers:
1. Police Power
This refers to the inherent power of the state to regulate behavior and enforce order within its territory to promote general welfare. This is exercised through laws and ordinances related to public health, safety, and morals. Police power can be exercised by all branches but is primarily under the executive branch.
2. Power of Eminent Domain
This is the government’s right to take private property for public use with just compensation, commonly known as expropriation. Both the legislative and executive branches can exercise this power.
3. Power of Taxation
The power to levy and collect taxes to fund government operations and services. The Congress exercises this power through legislation, while the executive branch implements and collects taxes.
Check and Balance System
The powers of the Philippine government are designed to have a system of checks and balances, where each branch has some authority to limit or check the powers of the other branches, ensuring that no single branch becomes too powerful. For example:
• The judiciary can declare acts of the executive or legislative branches unconstitutional.
• The President has veto power over legislation passed by Congress.
• Congress can override a presidential veto with a two-thirds vote.