The Philippines has a presidential form of government because it observes the
principle of separation of powers. The ordinary connotation of the presidential
system is that it is headed by a president, as distinguished from a
parliamentary system which is headed by a prime minister. The real essence,
however, of the presidential system and that which distinguishes it from the
parliamentary is its strict observance of the separation of powers. Under the
presidential system, any governmental act in violation of the said doctrine is
null and void. The government is divided into three branches and each is
limited to the power delegated to it.
On the contrary, under the parliamentary
form, the legislative and executive branches are “coordinate branches” so
that the two organs are fused together as one body performing both legislative
and executive functions.
One a basic corollary in a presidential system of government is the principle of
separation of powers wherein legislation belongs to Congress, execution to the
Executive, and settlement of legal controversies to the Judiciary.
- The Executive branch carries out laws. It is composed of the President and the Vice President who is elected by direct popular vote and serve a term of six years. The Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the country’s bureaucracy.
- 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 Judicial branch evaluates laws. It 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.
The three
branches of government are interdependent, yet their powers separate and
distinct. As explained by the noted constitutionalist Fr. Joaquin Bernas, SJ:
“Each is prevented from invading the domain of the other. But the separation is
not total. The system allows for ‘checks and balances,’ the net effect of which
is that, in general, no one department is able to act without the cooperation
of at least one of the other departments.” “The purpose of separation of powers
and ‘checks and balances’ is to prevent the concentration of power in one
department and thereby avoid tyranny,” he adds. But it comes with a price, he
explains, and it is the “the risk of a degree of inefficiency and even the danger
of gridlock.”
Presented here are events that promoted the checks and
balances in Philippine government. Click this link to understand more about the
topic: https://www.philstar.com/business/2017/07/11/1718617/separation-power
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