Doctrine of

BRIEF HISTORYAristotle

(in his treatise

on Politics)

Morsiglio of Padua, Cromwell, Locke and Montesquieu Constitution

s of modern day’s states

Doctrine of Separation of Powers in the Philippines(Constitution, Art. III, Sec. 1). “A Republican form of

government rests on the conviction that sovereignty should reside in the people and that all government authority must emanate from them. It abhors the concentration of power on one or a few, cognizant that power, when absolute, can lead to abuse, but it also shuns a direct and unbridled rule by the people, a veritable kindling to the passionate fires of anarchy. Our people have accepted this notion and decided to delegate the basic state authority to principally three branches of government — 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 .”

Meaning of the Doctrine1. The division of powers of the government

into 3:

2. The distribution of powers of the government into three major branches:

Purpose of the Doctrine

•Prevention of Monopoly of power…. forestalls dictatorship or despotism

Note:Each branch is separated from and

independent of each other, each is prevented from invading the domain of others.

Branches of the Philippine Government: Separation of Powers

Execution of the laws

Executive Branch•President Head

▫Elected by vote of the people ▫Term of office 6 yrs. (as well as the V. Pres.)

▫Chief Executive▫Represents the government as a whole▫Ensures that all laws are enforced by the officials & employees of his department

▫Commander-in-Chief of the “Armed Forces of the Philippines”

LEGISLATIVE BRANCH

- Has the authority to make, alter or repeal laws, is the CONGRESS

CONGRESS •Has the power of the pursue

▫The power to tax▫The power to appropriate

•Composed of:▫Senate▫House of representatives

The Senate

• 24 Senators• 6 yrs. Term of office

The House of Representatives

•Not more than 250 members

•“Congressmen”•3 yrs. Of term of office

Checks and Balances