The doctrine of separation of powers divides
the institution of government into three separate branches; the legislative,
executive and judicial. The powers and
execution of each vary and carried out
by different individuals. They are not
allowed to execute solely for another’s authority, each being interdependent
from another.
The division of power should prevent
absolutism (like in monarchies and dictatorship where all branches are
concentrated in a single authority). The doctrine also prevents corruption. The
branches also serve as security or authorities to correct and check upon one
another. Each interdependent branch helps keeps the other from exceeding their
power, thus ensuring the rule of law and protecting the rights of individuals.
The practice of the doctrine is basically
a mechanism to prevent power being over concentrated in one arm of government. This
is very much workable in the Philippines since abuse of power and corruption is
very much rampant in much country, even within the presence of these three
branches. The Philippines is a republican state, meaning, sovereignty resides
with the people and it loathes the concentration of one or a few. The powers or
basic state authority given to the three branches, were only delegated by the
people. “The Executive, the Legislative, and the Judiciary – each branch being
supreme in its own sphere but with constitutional limits and a firm tripod of
checks and balances” (Atty. Fred)
The Executive branch, headed by the
President of the republic, is the approving and implementation body of the
supreme government. The President serves as the chief executive and represents
the government as a whole. The President exercises general supervision over all
local government units and is also the Commander-in-Chief of the Armed Forces
of the Philippines.
Being elected by the citizens, the president
has control over the executive departments, the bureaus and offices. This means
that he has the authority to assume directly the functions of the executive
department, bureau and office or interfere with the discretion of its
officials. Contrary to the power of control, the President also has the duty of
supervising the enforcement of laws for the maintenance of general peace and
public order. Thus, he is granted administrative power over bureaus and offices
under his control to enable him to discharge his duties effectively.
The legislative branch, which has the authority
to make laws is the Congress. The Congress is composed of the Senate and the
House of Representatives. The Senate is composed of twenty-four Senators, who
are elected at large by the qualified voters of the Philippines.
The House of Representatives, on the other
hand, is composed of not more than two hundred and fifty members, unless fixed
by law, who are elected from legislative districts located among the provinces,
cities and the Metropolitan Manila area, and those who are elected through a
party-list system of registered national, regional and sectoral parties or
organizations.
Judicial Power is vested in the Supreme
Court, or any lower courts prescribed by law. The Supreme Court is composed of
a Chief Justice and fourteen Associate Justices. While Congress has the power
to define, prescribe and allocate the jurisdiction of the various courts, congress
cannot deprive the Supreme Court of its jurisdiction provided in the
Constitution. No law shall also be passed reorganizing the judiciary when it
undermines the security of tenure of its members. The Supreme Court also has
administrative supervision over all courts and the personnel thereof, having
the power to discipline or dismiss judges of lower courts.
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