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SECTION 4. Citizens of the Philippines who marry aliens shall - In fact, the constitution finds it important to create a specific
retain their citizenship, unless by their act or omission they are commission, which is the commission elections, task solely on
deemed, under the law, to have renounced it. guaranteeing that our country's election laws are faithfully executed
▲ Means Of Losing Citizenship • Suffrage – the right and obligation of citizens to vote
• By naturalization in a foreign country - It carries with it the right to run for public office and be voted on
• By express renunciation of citizenship - It is a right considering that it is reserved for citizens of a country
• By subscribing to an oath of allegiance to support the constitution or - It is an obligation imposed by law in view of the fact that it is only
laws of a foreign country of on attaining 21 years of age through this process that the citizen can exercise actual sovereignty
thereby effecting change in a country's political landscape
▲ Scope Of Suffrage ■ Advantages of a Bicameral Legislature
• Election – refers to the means by which the people choose their - The two houses would produce a healthy check upon each other
officials for definite periods, and to whom they entrust for the time - The house of representatives was expected to reflect the popular will
being as their representatives, the exercise of the power of government of the average citizen, whereas the senate was to provide for stability,
• Plebiscite – refers to the submission of constitutional amendments continuity, and in-depth deliberation
for important legislative measures to the people for ratification
• Referendum – the power of the electorate to approve or reject a ■ Disadvantages of a Bicameral Legislature
legislation through an election called for the purpose
- Lack of fast action in legislation because in enacting important
• Initiative – the power of the people to propose amendments to the measure it still needs to pass the two chambers and if there are
constitution or to propose and enact legislation through an election disagreements as to the contents of each, it must undergo again another
called for the purpose forum - the conference committee
• Recall – pertains to the process of removing local government
officials through an election called for the purpose
▲ Nature of the legislative power of congress
- The nature of legislative power granted to the congress is plenary or
▲ Disqualifications of a Person to Vote full, to which all powers necessary to exercise this power is granted
• Any person who has been sentenced by final judgment to suffer subject only to such limitations, as are found in constitution
imprisonment for not less than one year, such disability not having - Hence, any power, deemed to be legislative by usage and tradition is
been removed by plenary pardon or granted amnesty; provided, necessarily possessed by the Philippine congress, unless the
however, but any person disqualified to vote under this paragraph shall constitution provides otherwise
automatically reacquire the right to vote upon expiration of five years
- The legislative power granted to the congress is classified into
after service of sentence
constituent, which is the power to amend and revise the constitution,
• Any person who has been adjudged by final judgment by competent and ordinary, which is the power to pass ordinary laws
court or tribunal for of having committed any crime involving
- However, the grant of legislative power to the congress under the
disloyalty to the duly constituted government, such as rebellion,
present constitution is distinct from those crafted under the previous
sedition, violation of the anti-subversion and firearms laws, or any
constitutions
crime against national security, unless restored to his full civil and
political rights in accordance with law; provided, that he shall regain - The 1935 and 1973 constitution grant of legislative power to congress
his right to vote automatically upon expiration of five years after is not exclusive by virtue of the provision on initiative and referendum
service of sentence whereby the people can directly propose or reject any act or law or part
thereof passed by the congress
• Insane or incompetent persons as declared by competent authority
- We give emphasis to the fact that we recognize the power of the
people to legislate under the concept of initiative and referendum
• Absentee voting – the principal aim of this law is to allow every
Filipino, wherever he may be in the world, to participate in our
country's electoral process ▲ Composition Of The Congress Of The Philippines
- This affirms his political right and thus provides an opportunity to 1. Senate of the Philippines – the upper chamber of the congress
fulfill his obligation as a citizen of the Philippines • Composition
- The senate consist of 24 members elected at large by qualified voters,
▲ Qualifications of Voters which means that they are national elected officials
• A citizen of the Philippines
• Not otherwise disqualified by law • Qualifications
• At least 18 years of age ■ Natural born citizen of the Philippines
• Shall have resided in the Philippines for at least one year and in the ■ At least 35 years of age
place wherein they proposed to vote for at least six months ■ Able to read and write
immediately preceding the election ■ A registered voter
■ A resident of the Philippines for not less than 2 years
ARTICLE VI (THE LEGISLATIVE DEPARTMENT)
• Legislative power – the authority, under the constitution, to make ■ Qualified voter – one having the constitutional qualification for the
laws, and to alter and repeal them privilege, who is duly registered pursuant to law, and has the present
• Congress – the law-making authority of the government of the right to vote at the election being held
Philippines ■ Domicile – the permanent home, the place to which, whenever
• Laws – the rules and regulations enacted by the legislature to guide absent for business or pleasure, one intends to return
our actions in society, govern our relations with our fellow Filipinos
and our relation with our government
• Term of office
- The term of office of senators is six years which shall begin unless
• Bicameral legislature – a congress consisting of two-house with a otherwise provided by law at noon on the thirtieth day of June after
schedule - the senate and the House of Representatives their election
• Unicameral legislature – congress consisting of one body - No senator can serve for more than two consecutive terms, and since
the term of office is 6 years, then what is prohibited under the
constitution is more than 12 successive years
- However, it should be noted that there is no limit as to the number of
years a person can serve as senator
- Although he had already served for two continuous terms, he can still • Apportionment Of Legislative District
run again to the same office provided there is an interval ■ Apportionment of legislative districts – dividing provinces, cities,
- Voluntary renunciation of office for any length of time, like for and the Metropolitan Manila into the legislative districts
example resignation, shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected
■ Rules On Reapportionment Of Districts
◊ Legislative districts shall be apportioned among provinces, cities,
■ Term of office – refers to the period fixed by law/constitution and the Metropolitan Manila area in accordance with the number of
during which a member of congress or an elected official will hold their respective inhabitants, on the basis of a uniform and progressive
office ratio
■ Tenure of office – actual number of years during which the official
holds the office
Uniform ratio – each district must be equal in population, or as
2. House of Representatives – consists of men and women who are equal as possible, thus a congressman represents a territorial unit
the elected representatives of the Filipino people whose population is roughly similar with each other
- It is expected to the members of the house to represent the needs and Progressive ratio – means that the increase in population in relation
aspirations and to carry out the desires of the Filipino people on to the size of the House of Representatives must be considered
matters of national concern
◊ Each city with a population of not less than 250,000 shall be entitled
• Composition to at least one representative and each province, irrespective of
- The house of representatives is composed of 10 times larger than the population is entitled to one representative
membership in the senate
- It is composed of not more than 250 members unless otherwise fixed ◊ Each legislative district shall comprise, as far as practicable,
by law contiguous, compact, and adjacent territory
- This is to prevent gerrymandering
■ Two Kinds Of Members - Within three years following the return of every census, the congress
◊ District representatives – elected from legislative districts shall make a reapportionment of legislative district based on the
apportioned among the provinces, city, and metropolitan manila area standards provided above
- They constitute the majority (80%) of members of the House of
Representatives Gerrymandering – the drawing of legislative district out of a
◊ Party-list representatives – elected through the party-system of separate territories for the purpose of obtaining partisan advantage
registered national, regional, and sectoral parties or organization - This word came from the name of Governor Elbridge Gerry of
- They constitute 20% of the total number of representatives Massachusetts and the salamander shaped district that was created to
favor his party in the election
• Qualifications
District representatives: • Party-list system
■ Natural born citizen of the Philippines ■ Party list – a mechanism of proportional representation in the
election of representatives to the House of Representatives in the
■ At least 25 years of age
election of other parties or organizations or coalitions thereof
■ Able to read and write registered with the commission on election
■ A registered voter in the district in which he shall be elected
■ A resident of the district and which he shall be elected for not less ■ Party list system of representation in the House of
than one year Representatives – a social justice tool designed not only to give more
laws to the great masses of our people who have less in life, but also to
Party-list representatives: enable for them to become veritable lawmakers themselves,
empowered to participate directly in the enactment of laws designed to
■ Natural born citizen of the Philippines benefit them
■ At least 25 years of age - It is intended to enable Filipino citizens belonging to marginalized
■ Able to read and write and unrepresented sectors, organizations and parties, and who lack
■ A registered voter well-defined constituencies but who could contribute to the
formulation and enactment of appropriate legislation that will benefit
■ A resident of the Philippines for not less than one year
the nation as a whole, to become members of the House of
Representatives
• Term of office
- In the 1935 constitution, the term of office of the members of the ▲ Congressional Election
House of Representatives was four years
• Regular election – the regular election of both the members of the
- In 1973 constitution, the term of office for Mambabatas in the senate and House of Representatives and shall be held on the second
Batasang Pambansa was 6 years Monday of May
- Under the present constitution, the term of office of a congressman is • Special election – an election called for a fill a vacant position in the
reduced to 3 years two chambers of congress in a manner provided by law
- They can only be elected for three consecutive years or a continuous - In case a senator or a congressman is elected in a special election to
service of 9 years, however, like the senators there is no limit as to the fill a vacant seat, it shall only serve for the unexpired term
number of years a person can hold office as congressman
- They can still be elected for the same office provided there is an
interruption after serving for three consecutive terms
▲ Salaries And Privileges • Leadership in the senate
• Salaries ■ Senate president – the presiding officer of the senate elected for
- The constitution fixed initially the annual salary of senators and majority votes of all its members
congressmen to 204,000 - He holds office at the pleasure of his members and may be replaced
- These are subject to change by law. But when the members of at any time
congress and approved an increase in their compensation, it shall take ■ President pro tempore – an honorific position which presides when
effect only after the expiration of a full term of all the members of the the senate president is absent
senate and the House of Representatives approving such increase ■ Majority floor leader – the leader and spokesperson of the majority
party and his principal function is to schedule the business of the
• Privileges senate, generally in consultation with the senate minority leader
- The members of congress are accorded under the constitution of two - He controls the conduct of debate in the senate floor and usually has
parliamentary immunities of privileges a great influence on committee assignments of members of the senate
■ Minority floor leader – recognized as leader and official
spokesperson of the minority party
■ Privilege from arrest – applies while congress is in session in all
offenses punishable by not more than six years imprisonment
- This includes both civil and criminal offenses, provided it is not • Leadership in House of Representatives
punishable by imprisonment of six years or a member of congress can ■ Speaker of the house – he presides over the house and if the most
only invoke the immunity from arrest for relatively minor offenses important person in that body
- He is elected by majority votes of all the members of the house, but
■ Privilege of speech and debate – applies for any speech or debate in practice is chosen by the majority party
in congress or in any of its committee - He decides on all questions of order, refers bills introduced in the
- This privilege means that members of congress cannot be sued or house to proper standing committee, signs all acts, resolutions, orders
prosecuted for anything they say or write in connection with their issued by or upon order of the house, appoints members of joint
legislative duties committee and conference committee, and exercises administrative
functions over house personnel
- This guarantees the legislature complete freedom of expression
without fear of being made responsible in criminal or civil actions ■ Deputy speakers for Luzon, Visayas, and Mindanao – assume the
before the courts or any other forum outside the congressional hall duties and powers of the speaker when he is absent
- It is indispensably necessary that he should enjoy the fullest liberty of ■ House majority floor leader – selected by the majority ruling party,
speech and that he should be protected as therefore acts as the spokesperson of the party
- Acts as the chairman of the house rules committee, as such, he is
responsible in all matters relevant to the rules of the house, calendar of
▲ Prohibitions
bills, floor deliberations, order of business
• Holding any other office or employment in the government, or any
■ House minority floor leader – stands as the spokesperson of the
subdivision, agency, or instrumentality thereof, including government-
minority party
owned and controlled corporation or their subsidiaries, during his term
without forfeiting his seat in, or what is known as incompatible office - Works in consultation with the leading members of the minority
parties in the house
• Being appointed to any office, which may have been created, or the
emoluments thereof increased during the term for which he was - An ex-officio member of all the standing committees of the house
elected, or blown as the forbidden office
• Personally appearing as counsel before any court of justice or before 2. Congressional committee
the electoral tribunal, or quasi-judicial and other administrative bodies • Legislative committee – the most remarkable organizational
• Being financially interested, directly or indirectly in any contact with, structure of the congress
or in any franchise or special privilege granted by the government, or - Perform actual work of legislation in both house of congress
any subdivision, agency, or instrumentality thereof, including any
government owned and controlled corporation, or its subsidiary during
their term of office • Three Types Of Committees In Congress
• Intervening in any matter before any office off the government for ■ Standing committees – permanently established legislative
their pecuniary benefit or where they may be called upon to act on committee that review proposed legislation
account of their office - They are the only ones who proposed legislation by reporting at bill
out to the full house or senate
▲ Organization of the Congress
1. Officers of the Congress ■ Select committees – are created for a specific purpose and usually
for a limited period only such as conducting an investigation or
- The two houses of the congress are formally organized with the
addressing matters of great national concern
selection of its set of officers
- The senate shall elect its president and the House of Representatives
its speaker and such other officers as it may deemed necessary ■ Joint committees – those created by both houses of congress with
members coming from both
- The election of officers in both houses of the congress is primarily
determined to partisan consideration - An example is the bicameral conference committee, which irons out
differences in the versions of bills passed by the senate and the house
- When a party wins a majority of seats in either the senate or House of
Representatives, be controlled the leadership in that chamber - Created to address special concerns
3. Session have an active representative in the legislative department and at the
- The house of representatives holds it session in Batasang Pambansa same time is not empowered to select a new member
Complex while the senate in GSIS Complex - Suspension can only be imposed with the concurrence of two-thirds
• Two Kinds Of Session In Congress of all its members
■ Regular session – session convened once every year starting on the
4th Monday of July, unless a different date is fixed by law ■ Expulsion
- It may continue for such number of days or last as long as congress - The grounds for expulsion of a member are not provided in the
wishes until 30 days before the opening of its next regular session, constitution
exclusive of Saturdays, Sundays, and legal holidays - Any cause, however, which either house may deem sufficient,
constitutes a good ground for expulsion
■ Special session – session called by the president while the congress - It can only be imposed with the concurrence of two-thirds of all the
is in recess, generally to consider a legislation he may designate in his members of the congress
call
▲ Agencies in the Congress
4. Quorum • Electoral tribunal – created by the constitution as special tribunal to
• Quorum – number of members of the body which, when legally be the sole judge of all contests relating to election, returns and
assembled in their proper places, will enable the body to transact its qualifications of the members of the legislative houses, and, as such,
proper business, or in other words, that number that makes a lawful are independent of congress
body and gives it power to pass a law - Created to function as a nonpartisan although two thirds of its
- A majority of each shall constitute a quorum to do business members are politicians
- In case of a smaller number, it may adjourn from day to day and may - The purpose of the constitution creating the electoral tribunals was to
compel the attendance of absent members in such manner, and under provide an independent arid impartial tribunal for the determination of
such penalties, as such house may provide contests two legislative office, devoid of partisan considerations, and
- But the congress cannot compel the attendance of absent members to to transfer to the tribunal all the powers previously exercised by the
attend sessions if the reason for the absence is a legitimate one legislature in matters pertaining to contested elections of its members
- Shall be constituted within 30 days after the senate and the House of
Representatives shall have been organized with the election of the
5. Rules of procedure
president and speaker
• Rules of procedure – are rules made by any legislative body as to
the mode and manner of conducting the business of the body
■ Composition of the electoral tribunal
- Under the constitution, both houses of congress may determine its
rules of procedure. They must not however, be contrary to any ◊ House of Representatives electoral tribunal
constitutional provision, nor violate fundamental rights - Composed of three justices of Supreme Court decided by the chief
- The purpose of this is to have order in the conduct of the business of justice and six members of the senate chosen on the basis of
the congress especially on its principal task of law-making proportional representation from the political parties and the parties or
organizations registered under the party-list system there in
- Include the procedure in the readings of the bill, the conduct of
debate, session, manner of voting among others ◊ Senate electoral tribunal
- Composed of three justices decided by the chief justice and six
members of the House of Representatives chosen on the basis of
6. Journal and Records of Proceeding
proportional representation
• Journal – a record of what is done and passed in a legislative
assembly
• Commission on appointments – created by the constitution as an
- It is a day-to-day record of the proceedings of congress
independent commission although its members are confined to
members of congress, to function as a check on the appointing power
• Twofold purpose of journal of the president
■ Ensure publicity to the proceedings - Shall be constituted within 30 days after the senate and the House of
■ Provide proof of what actually transpired in congress Representatives shall have been organized with the election of the
president and the speaker
B. Parts of a Bill
• Implied powers – refer to such powers as are necessarily implied
• Title – indicates the subject matter of a bill
from the given powers
• Preamble – an introductory statement in the bill stating the rationale
- Includes the power to punish witness for contempt in the conduct of
or reasons for the enactment, or the intention of the lawmaker in
legislative investigation and oversight, to elect such the formal
presenting the measure
leadership of both houses, to determine the rules of its proceedings
• Enacting clause – the part which identifies the authority that
promulgated the bill
• Inherent powers – those that are neither granted nor implied
- The enactment clause used by the congress today is be it enacted by
therefrom, but rather they refer to those that grow out from the very
the senate and house of representatives in congress assembled
existence of congress
• Body of the statute – part containing the subject of the law, hence,
- Sometimes referred to as incidental powers
this is considered as the most important part
- Includes the three fundamental powers of the state
- Usually divided into titles, chapters, articles, sections, and
subsections
▲ General Legislative Powers • Effectivity clause – part of the law which provides the date when the
• General legislative powers of the congress – refers to its law bill shall take effect
making powers specifically, this refer to the authority of the congress
to enact and the right to amend and repeal them
C. Procedure In The Approval Of A Bill
- These is considered the most important congressional function
- The constitution provides that before a bill passed by either house
becomes a law, it shall pass three readings on separate days with the
• Statutes or republic act – laws passed by the congress exception of those which the president will certified as necessary to
meet public calamity
1. Limitations - On the first reading, only the number and title of the bill is read and
the speaker refers it to the proper committee for consideration
A. Substantive limitations – refer to the content or subject matter of
the law passed by the congress - The committee may decide to kill the bill by taking no action on it or
it may consider the bill and conduct thorough study by conducting
public hearings on the proposed measure
• Express limitations – limitations that are expressly provided under
- The committee will later submit a report recommending the approval
the constitution like the provision in the bill of rights on non-passage
or disapproval of the bill
of laws abridging the freedom of speech
3. Second reading
• Implied limitation – those that can be implied from the nature and
the character of a legislative power under our system of government - Once the committee approves the bill, it will be reported to the rules
such as the passage of irrepealable laws and the non-delegation of committee entered into the house calendar for 2nd reading by the full
legislative power house
- On the second reading, the entire bill is read before the chamber and
it is at this stage that the bill is debated and amended
■ Delegation Of Legislative Powers Permissible In Five Instances
- The rules committee place an important role at this stage, it set the
◊ Delegation of emergency powers to the president
time limit for floor debate, provide for the manner on how the bill will
◊ Delegation of tariff powers to the president be amended, and when the bill will be voted on
◊ Delegation of administrative body - After the bill has been approved, it is printed in its final form and
◊ Delegation to local government unit copies distributed to members at least three days before the third and
◊ Delegation directly to the people last reading
ARTICLE VII (EXECUTIVE DEPARTMENT) - The returns of every election for President, duly certified by the
board of canvasses of each province or city, shall be transmitted to the
▲ Presidency and Executive Power Congress, directed to the President of the Senate
- The President of the Philippines and no other is the executive of the - Upon the receipt of the certificates of canvass, Senate President shall,
government of the Philippines not later than 30 days after the election, open all certificates in the
presence of the Senate and House of Representatives and joint public
- The whole executive power is vested only to one person, the session
President of the Philippines
- After the certificate of canvass have been opened, the counting in the
- The President is the most powerful officer of our government canvassing of the votes for the President shall not immediately be
• Executive Power – the power to enforce and execute the laws made
faithfully - First, there should be a determination of the authenticity and due
- The laws required to be administered by the President includes the execution of the certificates of canvass
constitution and all statutes lawfully enacted by the Congress - Congress, upon determination of the authenticity and due execution
thereof in the manner provided by law, canvasses the votes in the
canvassing of votes, and the person receiving the highest number of
▲ Roles of the President votes shall be proved elected President
• Chief of state – the President stands as the head of our government - In case two or more candidates have equal and highest number of
and as such he represents the nation votes, which can rarely happen considering that the President is elected
at large by or qualified voters, one of them shall be chosen by a vote of
• Chief executive – the President is the head of the executive the majority of all the members of Congress, voting separately
department, the largest bureaucracy of the government
- In the performance of this function, Congress is required by the
• Chief diplomat – the President has the authority to receive constitution to promulgate its rules for the fungus of the certificates
ambassadors and the power to initiate diplomatic relations with other
nations, as well as to appoint diplomatic representatives of the country
abroad
• Official residence
• Qualifications, Election, and Term of Office
- He is the only official of the government provided in area sentence
maintained by public funds - The Vice President has the same qualification and is elected in the
same manner as the President
■ Malacañang Palace – where the Spanish and American Governor-
Generals recorded is the official residence of the Philippines - The Vice President has a term of six years and commenced on the
same day as the President
- Often referred to as the seat of the Philippine President
- The Vice President is entitled to one immediate re-election
• Salary
▲ Rules on Presidential Succession
- The salary of the President shall be determined by law and shall not
be decreased during his tenure 1. Vacancy in the office of the President at the beginning of his
term
- The constitution initially fixed the salary of the President to 300,000
and may be increased by law • If the President-elect fails to qualify, the Vice President-elect shall
act as a President until the President-elect shell have qualified
- No increase in said compensation shall take effect until after the
expiration of the term of the incumbent during which such increase • If a President shall not have been chosen, the Vice President-elect
was approved shall act as President until a President shall have been chosen and
qualified
- This is to assure the exercise of Presidential duties and functions free • Where no President and Vice President shall have been chosen or
from any hindrance or distraction, considering that being a Chief shall have qualified, or where both shall have died or become
Executive of the government is a job that, aside from requiring all of permanently disabled, the President of the Senate or, in case of his
the office-holders time, also demands undivided attention inability, the Speaker of the House of Representatives shall act as
President until a President or a Vice President shall have been chosen
and qualified
7. Prohibitions
• Receive any other emolument from the government or any other 2. Vacancy in the office of the President during his term
source
• When the office of the President becomes vacant as a result of death,
• Holding any other office of employment unless otherwise provided in permanent disability, removal from office, resignation, the Vice
this constitution President will become President to serve for the unexpired term
• Directly or indirectly, practicing any other profession, participating in • In the case of death, permanent disability, removal from office, or
any business, or being financially interested in any contract with, or in resignation of the President as well as the Vice President, the Senate
any franchise, or special privilege granted by the government or any President or, the speaker of the house shall act as the seven until a
subdivision, agency, or instrumentality thereof, including government- President or a Vice President shall have in case of inability, the
owned or controlled corporations or their subsidiaries Speaker of the House shall act as President until a President or a Vice
President shall have been elected and qualified
• Strictly avoiding conflict of interest in the conduct of his office
3. Vacancy in the Office of the Vice President - The inability to discharge the function of the office by the President
can also be made manifest by members of the cabinet
• When the vacancy occurs at the beginning of his term
- Whenever a majority of all the members of the cabinet transmits the
■ As in cases where the Vice President shall not have been chosen, Senate President and speaker their written declaration that the
shall not have been qualified, died or shall become permanently President is unable to discharge the powers and duties of the office, the
incapacitated, it is the Senate President or, in case of his inability the Vice President shall assume the functions of the office
Speaker shall act until the Vice President shall be chosen and qualified
- When the President transmits to the President of the Senate and to the
speaker of the House of Representatives his written declaration that no
in ability exists, he shall resume the powers and duties of his office
• When the Vacancy Occurs During the Term
- Should a majority of all the members of the cabinet transmitted
■ The President shall nominate a Vice President to serve for the
within five days to the Senate President and to the speaker of the
unexpired term from among the members of the Senate or House of
House of Representatives their written declaration that the President is
Representatives
unable to discharge the powers and duties of his office, a deadlock
■ The nominee shall assume office on confirmation of a majority vote ensues here - the President contending that is capable and the majority
of all the members of both houses of the Congress, voting separately of the members of the cabinet saying is incapable
- The bill passed by the Congress calling for such election shall be
▲ Classifications of the Powers of the President
deemed certified and shall immediately become a law on its approval
in the third reading • Constitutional powers – powers enumerated under the constitution
- The special appropriations for the calling of the election shall be • Statutory powers – powers granted to him by law or statute
charged to any current appropriations and shall be exempt from the established by the Congress
requirements under Section 23, Article VI
• Express powers – powers expressly provided under the constitution
- The convening of the Congress cannot be suspended nor the special and statutes, hence, the expressed powers of the President includes to
election postponed constitutional and statutory powers
- No special election shall be called if the vacancy occurs within 18 • Inherent powers – powers of the President defined through practice
months before the date of the next Presidential election rather than through constitutional or statutory law
- This is intended in the interest of economy, because the election for - These are those powers exercised by the President from the loosely
President or Vice President is nationwide, the government will be worded statement in the constitution that the executive power shall be
spending too much in the election vested in the President of the Philippines and he shall ensure that the
laws are faithfully executed
- After which, the Vice President shall discharge the powers and duties
as Acting-President
2. Power of Appointment (Chief Executive) ■ Ad interim appointment – one whose appointment requires the
confirmation of the commission on appointments made by the
- The power to appoint is inherently and executive function while the President while Congress is in recess
power to confirm or reject appointments belongs to the legislative
department, the latter power having been conferred as a check on the - Such appointments shall be effective only until disapproved by the
former Commission on Appointments or until the next adjournment of
Congress
- This power to check may be exercised through the members of both
houses in the commission on appointments
- Issued to a person who meets all the requirements for the positions to - The President cannot remove those officials even appointed by him
which he is being appointed except the appropriate civil service when the Constitution provides for the manner of their removal from
eligibility; provided, that such temporary appointment shall not exceed office.
12 months, but the appointee may be replaced sooner if a qualified - The Chief Justice and Associate Justice of the Supreme Court, the
civil service eligible becomes available Ombudsman, and the Chairman and Members of the Constitutional
- One who holds a temporary appointment has no fixed tenure of office Commission are removable only through the process of impeachment.
- His employment can be terminated at the pleasure of the appointing - The career service employees appointed by him can be removed only
power, there being no need to show that the termination is for a cause for a cause and in accordance with the administrative procedure
provided by law.
■ All other officers of the government whose appointments are not • Power of control – the power granted to an officer to alter or modify
otherwise provided for by law or nullify or set aside what a subordinate officer had done in the
performance of his duties and to substitute the judgment of the former
■ Those whom the President may be authorized by law to appoint to that of the latter
■ Officers lower in rank, whose appointment the Congress may by law • Power of general supervision – the power to see to it that the
vest in the President alone inferior follows the law
- It will take effect once approved by the commission and continued as - In the event of emergency cases, the President is vested under the
such until the end of its terms Constitution military powers to suppress such cases.
• Commander-in-Chief - It is invoked as an extreme measure, and rests upon the basic
principle that every state has the power of self-preservation, a power
- The President is the Commander-in-Chief of the Armed Forces of the inherent in all states, because neither the state nor society would exist
Philippines, thus, he is vested with the power to call such forces to without it
prevent or suppress lawless violence, invasion, or rebellion.
- The requirements for the declaration of martial law are subject to the
- As Commander-in-Chief, he is authorized to direct the movements of same grounds, duration, and conditions as that of a suspension of the
the naval and military forces placed by law at his command, and to privilege of the writ of habeas corpus.
employ them in the manner he may deem most effectual
- A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or the
legislative assemblies, nor authorize the conferment of jurisdiction on
• Power to Suspend the Privilege of the Writ of Habeas Corpus
military courts and agencies over civilians where civil courts are able
■ Privilege of the writ of habeas corpus – a writ directed to the to function, nor automatically suspend the privilege of the writ.
person detaining another, commanding him to produce the body of the
prisoner at a designated time and place, with the day and cause of his
caption and detention, to do, submit to, and receive whatever the court 7. Pardoning Power/Power of Executive Clemency (Chief
or the judge awarding the writ shall consider in that behalf. Executive)
- This power is purely executive acts, which are not subject to judicial
■ Duration
scrutiny.
- The President may suspend the privilege of the writ of habeas corpus
for a period not exceeding 60 days, after which its shall be lifted.
• Scope of the Pardoning Power
- Congress is empowered to extend the duration within 48 hours after
the suspension, the President shall report in person or in writing, and ■ Pardon – an act of grace, proceeding from the power entrusted with
the Congress by a majority vote of its members voting jointly may the execution of the laws, which exempts an individual on whom it is
revoked the suspension and may also extend upon the' initiative of the bestowed from the punishment the law inflicts for a crime he has
President. committed
- Martial law is founded upon the principle that the state has a right to
protect itself against those who would destroy it and has therefore been
likened to the right of the individual to self-defense
• Kinds of Pardon ■ Limitations on the Treaty-making Power of the President
■ Absolute Pardon – granted without any conditions whatsoever ◊ It is required that such treaty or international agreement entered by
him must obtain prior concurrence of the Senate for its validity.
- An absolute pardon not only blots out the crime committed, but
removes all disabilities resulting from the conviction ◊ The Constitution requires that such concurrence must be made by at
least two-thirds of all the members of the Senate.
■ Conditional Pardon – granted by the President subject to such
conditions or qualifications, as he may deem necessary or see fit. ◊ The Supreme Court may declare treaties concluded by the President
when these treaties conflict with certain provisions of the Constitution.
◊ Treaties – are formal, documents which require ratification with the ARTICLE VIII (JUDICIAL DEPARTMENT)
approval of two-thirds of the Senate
▲ Judicial power – the power to apply the laws to contests or
- International agreements involving political issues or changes of disputes concerning legally recognized rights or duties between the
national policy and those involving international arrangements of a State and a private person, or between individual litigants, in cases
permanent character. properly brought before the judicial tribunals, which includes the
power to ascertain what are the valid and binding laws of the State, and
◊ Executive agreements – become binding through executive action interpret and construe them
without the need of a vote by the Senate or by Congress.
- Includes the duty of the courts of justice to settle actual controversies
- International agreements embodying adjustments of detail carrying involving rights, and to determine whether or not there has been a
out well-established national policies and traditions and those grave abuse of discretion amounting to lack or excess jurisdiction on
involving arrangements of a more or less temporary nature the part of any branch or instrumentality of the Government.
- Judicial power is vested in the Supreme Court and other lower courts
established by law.
- The Constitution did not provide the full and entire structure of the 3. Qualifications for Members of the Judiciary
Philippine judicial system. It only established the Supreme Court of the
Philippines and left to the Congress the authority to establish other • Constitutional qualifications – refers to those qualifications
inferior courts prescribed under the Constitution
- The Supreme Court is the only court created by the Constitution • Statutory qualifications – qualifications, which the Congress may
prescribe through ordinary legislation.
• Statutory courts – courts established through statutory enactment
made by the Congress
Ex. Court of Appeals, Court of Tax Appeals • Qualifications for Members of the Supreme Court (SC)
• Fiscal autonomy – the automatic release of funds once approved and ■ A judge of lower court or engages in the practice of law in the
appropriated by the Legislature.
Philippines for 15 years or more.
- Appropriations for the judiciary may not be reduced by the legislature
below the amount appropriated for the previous year and, after
approval, shall be automatically and regularly released. • Qualifications for Members of the Lower Collegiate Court
(composed of more than one judge such as the CA, CTA,
Sandiganbayan)
▲ Supreme Court and Other Lower Courts of the Philippines
■ Constitutional qualifications
1. Composition of the Supreme Court
◊ Natural-born citizen of the Philippines.
- The Supreme Court is a collegial body composed of 15 members, 1
◊ Member of the Philippine Bar
Chief Justice and 14 Associate Justices
• 24 months from the date of submission for the Supreme Court, and
◊ Regular Members unless reduced by the Supreme Court
A representative of the Integrated Bar (4 years) • 12 months for all lower collegiate courts
Professor of law (3 years) • 3 months for all other lower courts
Retired member of the Supreme Court (2 years)
Representative of the private sector (1 year) - A case or matter shall be deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or memorandum rewired by
the Rules of Court or by the Court itself.
6. Tenure and Discipline
- Upon the expiration of the corresponding period, a certification to
- The members of the Supreme Court and judges of lower courts shall this effect signed by the Chief Justice or the presiding judge shall
take office during good behavior until they reach the age of 70 years or forthwith be issued and a copy thereof attached to the record of the
become incapacitated to discharge the duties of their office case or matter, and served upon the parties.
- The Constitution does not provide a precise definition of what - The certification shall state why a decision or resolution has not been
constitutes good behavior. It is for the Supreme Court to determine rendered or issued within said period
since it has the power to discipline justices of lower collegiate courts
- Despite the expiration of the applicable mandatory period, the Court,
and judges of the lower courts.
without prejudice to such responsibility as may have been incurred in
- The Supreme Court en banc may order their dismissal by a majority consequence thereof, shall decide or resolve the case or matter
of the Members, who actually took part in the deliberations on the submitted thereto for determination, without further delay.
issues in the ease and voted thereon.
- It has been said that the misconduct of a judge that will warrant
▲ Judicial Review
disciplinary action by the Supreme Court must have direct relation to
and be connected with the performance of his official duties, not his Judicial Review – the power of the Supreme Court to declare act of
character as a private individual the Executive and Legislative departments of government
unconstitutional in the light of its conformity with the Constitution.
1. Original Jurisdiction - Except as otherwise provided by law, the writ of habeas corpus shall
extend to all cases of illegal confinement or detention by which a
• Jurisdiction – refers to the authority of the court to be and determine person is deprived of his liberty, or by which the rightful custody of
a particular case. any person is withheld from the person entitled thereto.
- The Supreme Court's original jurisdiction refers to its authority to be
the first court to hear a case
2. Appellate Jurisdiction
- The Supreme Court exercises original jurisdiction embracing cases
affecting ambassadors, public ministers, and consuls. • Appellate jurisdiction – refers to the authority of the Supreme Court
to review, revise, modify, or affirm final judgments rendered by lower
- These officials are our diplomatic representatives abroad, and under courts.
international law are immune from the jurisdiction of courts of the
country where they are assigned subject to certain exceptions
- Because of the importance of the cases affecting these officials to our ■ The Supreme Court has appellate jurisdiction over:
diplomatic relations, it is but proper that the Supreme Court being the
highest court of the land assumes the authority to decide the case. ◊ All cases in which the constitutionality or validity of any treaty,
international of executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.
■ Certiorari ◊ All cases involving the legality of any tax imposed, assessment, toll,
or any penalty imposed in relation thereto.
- When any tribunal, board or officer exercising judicial a quasi-
judicial sanctions has acted without or in excess of its or his ◊ All cases in which the jurisdiction of any lower court is in issue.
jurisdiction, or with grave abuse of discretion amounting to lack or
excess of jurisdiction, and there is no appeal, nor any plain, speedy and ◊ All criminal cases in which the penalty imposed is reclusion perpetua
adequate remedy in the ordinary course of law, a person aggrieved or higher.
thereby may file a verified petition in the proper court, alleging facts
◊ All cases in which only error or question of law is involved
with certainty and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer, and
granting such incidental reliefs as law and justice may require.
3. Temporarily Assign Judges of Lower Courts
- The Supreme Court has the power to appoint all officials and ▲ The Civil Service Commission
employees of the judiciary. However, such appointment like those • Civil Service Commission (CSC) – it is the central personnel
made by the other departments must be made in accordance with the agency of the government
Civil Service Law.
- It is the Human Resource Office of the government because of its
power to regulate employees in the government
- It embraces all branches, subdivisions, instrumentalities and agencies
7. Administrative Supervision over Court and Personnel of the Government, including government-owned and controlled
- The Supreme Court exercises administrative supervision over all corporations with original charters
courts as well as its personnel. - The constitution provides that the CSC shall establish a career
service, adopt measures to promote morale, efficiency, integrity,
responsiveness, and courtesy in the civil service, strengthen the merit
and award system, integrate all human resource development programs
ARTICLE IX (CONSTITUTIONAL COMMISSIONS)
for all levels and ranks, and to institutionalize a management climate
conducive to public accountability
• Constitutional commissions – are those independent bodies created - It aims to promote professionalism in public service system through
and established by the constitution to perform specific functions as implementation of laws and regulations governing the utilization,
prescribed therein for the harmonious administration of the selection, training, promotion, advancement, and discipline of all civil
government servants
- Those commissions are co-equal bodies, hence, they cannot assert - It also employs the merit system in the government services and sets
supremacy over the others standards in relation with the effective public service for the general
- They are created by the constitution to assure the proper welfare
administration of democracy in the country
1. Composition
▲ Three Constitutional Commissions - The Civil Service Commission is composed of 1 Chairman and 2
• Civil Service Commission Commissioner
• Commission on Election - The officials will serve their office with the term of 7 years and are
• Commission on Audit not eligible for reappointment and in appointment in acting capacity
- The officials of the CSC are appointed by the President with the
confirmation of the Commission on Appointment
▲ Guarantees Prescribed in the Constitution for Independency
• These bodies are created by the constitution itself and may not be
abolished by mere legislation 2. Qualifications
• To engage in the practice of any profession or in the active - All government employees and officials cannot be dismissed or
management or control of any businesses which in any way may affect removed from the office they are holding without any just cause and
the functions of their office due process as secured by existing laws in a proper administrative case
A government employee can be removed only by finding him guilty
of gross incompetency and inefficiency
- The president issued Executive Order 292 to insure the smooth 2. Composition
sailing administration of public service by setting standards and - COMELEC is composed of 7 persons as its officials who include 1
grounds for disciplining a government employee or officer who is Chairman and 6 Commissioners
found guilty of any violations of the same
- The officials of COMELEC are entitled for a 7 years term without
any reappointment or appointment in an acting capacity
3. Qualifications
5. Other Privileges and Prohibitions • Natural-born citizens
- They can organize their own labor unions in their aspiration to • At least 35 years of age at the time of their appointment
advance their interest
• At least holders of a college degree
- They are not allowed to stage a strike as to interrupt the operations in
• They must not have been candidates for any elective position in the
the government
immediately preceding elections
- A civil servant who is being defeated in an election is barred from
• A majority of the members, including the Chairman, must be
being appointed or reappointed to any public office or position within
members of the Philippine Bar who have been engaged in the practice
1 year following such election
of law for at least 10 years
- No effective official can be appointed in any capacity in any position
in the government during his tenure except he relinquishes his present
office ■ Practice of Law – any activity in or outside of the court which
requires the application of law, legal knowledge, training, principles,
- Government employees and officials are prohibited to receive any
and experience
additional, double or indirect compensation unless the said
remunerations are mandated by law - The reason of this requirement is that, the COMELEC performs a
quasi-judicial function in cases involving election contests under their
- They are prohibited from accepting any present, position, office of
jurisdiction
any kind and the like from any foreign government to avoid any
influence that the foreign country may propose at the expense of the
effective administration of public service ▲ The Commission On Audit
- The primary purpose of this commission is to check all expenses or
▲ The Commission On Election disbursements of public funds or properties in connection with the
official function of each governmental unit
- The busiest governmental agency during elections
- It covers all government offices, divisions, centers, instrumentalities,
- Regulates the 5 scopes of suffrage to wit: election, initiative,
units, agencies, bureaus, and even the Government Owned and
referendum, recall and plebiscite.
Controlled Corporations
- The purpose of this Commission is to ensure the successful conduct
of any election in the country
1. Powers and Functions of the Commission on Audit
- Empowered to set regulations, laws, rules, and ordinances to secure
the clean holding of any election • Examine, audit, and settle all accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds and property, owned or
- All decisions of the COMELEC are appealable not in the Court of
held in trust by, or pertaining to the Government
Appeals but in the Supreme Court.
• Keep the general accounts of the Government and preserve the
vouchers and other supporting papers
1. Powers of the COMELEC
• Define the scope of its audit and examination, establish the
• Enforce and administer all laws and regulations relative to the techniques and methods required therefor,
conduct of an election, plebiscite, initiative, referendum, and recall.
• Promulgate accounting and auditing rules and regulations, including
• Exercise exclusive original jurisdiction over all contests relating to those for the prevention and disallowance
elections, returns, and qualifications of all elective regional, provincial,
and city officials
2. Composition
• Exclusive appellate jurisdiction over all contests involving elective
municipal officials decided RTC or involving elective barangay - The Commission on Audit is composed of 1 Chairman and 2
officials decided by MTC. Commissioners
• Decide, except those involving the right to vote, all questions - The officials will serve their office with the term of 7 years and are
affecting elections, including determination of the number and location not eligible for reappointment and in appointment in acting capacity
of polling places, appointment of election officials and inspectors, and
registration of voters. 3. Qualifications
• Deputize, with the concurrence of the President, law enforcement • Natural-born citizens
agencies and instrumentalities for exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections. • At least 35 years old at the time of appointment
• Register, after sufficient publication, political parties, organizations, • CPA’s with at least 10 years auditing experience or members of the
or coalitions which must present their platform or program of Bar with at least 10 years practice of law; at no time shall all members
government; accredit citizens’ arms belong to the same profession
• File upon a verified complaint or motu propio petitions in court for • Not a candidate in election immediately preceding appointment
inclusion or exclusion of voters; investigate and, where appropriate,
prosecute cases of violations of election laws,
• Recommend to the Congress effective measures to minimize election
spending, limitation of places and prevent and penalize all forms of
election frauds, offenses, malpractices, and nuisance candidacies.
• Submit to the President and Congress, comprehensive report on the
conduct of each election, plebiscite, initiative, referendum, or recall.
ARTICLE XI (ACCOUNTABILITY OF PUBLIC OFFICERS) 3. Impeachment Methods
▲ Impeachment (Section 2 of Article XI) • The House of Representatives has the exclusive power to initiate all
• Impeachment – method of national inquest into the conduct of cases of impeachment
public men • An impeachment is instituted by written complaint known as the
- Its purpose is to secure the powers of some high officials and to see Articles of Impeachment, which include the offenses and violations
to it that their duties and functions are well taken without any grave charged. A verified complaint for impeachment may be filed by any
abuse of discretion. member of the said legislative chamber or by any citizen upon a
resolution or endorsement by ay member thereof.
- The most formidable weapon in the arsenal of democracy
• Impeachment proceedings shall commence with an inquiry of
- An extraordinary means of removing some high officials who violate
impeachment resolution or with a direct resolution.
the grounds thereof.
• In an inquiry of impeachment resolution, after the filing of the
- Impeachment proceedings are in a sense judicial but it has not yet
verified complaint, the same shall be included in the Order of Business
been decided if they are penal in character.
of the House of Representatives within session days, and referred to
- The constitutional rights of the accused as guaranteed in the Bill of the proper Committee within three (3) session days subsequently.
Rights are available in these proceedings.
• The committee concerned which has the task to the impeachment
case then holds hearings and investigation relative to the charges
1. Grounds for Impeachment • The Committee, after hearing, and by majority of vote of all its
• Culpable Violation of the Constitution – the wrongful, intentional, members, shall submit its report to the House within sixty (60) session
or willful disregard of contravention of the Constitution being the days from such referral, together with the corresponding resolution.
fundamental law. The resolution shall calendared for consideration by the House within
ten (10) session days from receipt
• Treason • A vote of at least one-third of all the Members of the House shall be
sufficient either to affirm a favorable resolution with the Articles of
- Committed by any person who, owing allegiance to the Government Impeachment of the Committee concerned, or override its contrary
of the Philippines, not being a foreigner, levies war against the said resolution;
government or adheres to their enemies by giving them aid or comfort
within the Philippines or elsewhere. • In a direct resolution, a verified complaint or resolution of
impeachment is filed by at least one-third of the Members of the
House; the same shall constitute the Articles of Impeachment;
• Bribery • The Articles of Impeachment is then forwarded to the Senate for a
- Committed by any public officer who shall agree to perform an act, trial that has the exclusive power to further hear, try, and decide all
whether or not constituting a crime, or refrain from doing an act which cases of impeachment.
he is officially required to do in connection with the performance of - A certain number of members of the House of Representatives shall
his official duties, in consideration of any offer, promise, gift or act as prosecutors and the full House of Senate shall be transformed
present received by him personally or through the mediation of into an impeachment court, whose members shall formally take an oath
another, or who shall accept gifts offered to him by reason of his of affirmation. When the President of the Philippines is on trial, the
office. Chief Justice shall preside, but is not entitled to vote;
• Consequently, the Senate then votes in open session on each Article
• Graft and Corruption of
- This must be understood in connection with Republic Act 3019 Impeachment. No person shall be convicted without the concurrence of
otherwise known as the Anti-Graft and Corrupt Practices Act two-thirds of all the members of thereof
- Any violations of the said law constitute a ground for impeachment. • No impeachment proceedings shall be initiated against, the same
official more than once within a period of one year.
• Other High Crimes
- There is no exact legal and controlling definition of this item. - Where the convicted official is no longer in the public service, the
only penalty available is disqualification. However, if he is still
- The framers of this Constitution left this interpretation to the
incumbent at the time, both the penalties of removal and
legislature that will serve as the judges in impeachment proceedings.
disqualification may be imposed.
- However, based on the rules on statutory construction, the existing
- The judgment of the Congress in an impeachment proceeding
conditions and situations must be considered in determining the
naturally cannot be subject to judicial review because the Constitution
provisions, which are found to be vague and cannot be interpreted.
provides that they have the sole power to hear, try and decide an
impeachment case.
• Betrayal of Public Trust - However, if there is grave abuse of discretion, then the Supreme
- All manner of offenses inappropriate to a public functionary but not Court can take cognizance of the case provided that it must be properly
punishable by criminal statute, like inexcusable negligence, abuse of brought before the highest tribunal.
powers and authority, obstruction of justice, malfeasance, misfeasance
and the like.
▲ The Sandiganbayan
• Sandiganbayan – a special court created acted upon civil and
2. Impeachable Officers criminal cases involving graft and corrupt practices and such other
• The President of the Republic of the Philippines offenses committed by public officers and employees, including those
• The Vice-President in government-owned or controlled corporations, in relation to their
office as may be determined by law.
• The Chief Justice and Associate Justices of the Supreme Court
- The Sandiganbayan is composed of a presiding justice and fourteen
• The Officials of the Constitutional Commissions
(14) associate justices and has the same rank as the Court of Appeals
• The Ombudsman and his Deputies thus, its decisions is appealable before the Supreme Court.
■ Government officials where Sandiganbayan has jurisdiction
1. Officials executive branch occupying positions classified as recommendations for their elimination and the observance of high
Grade 27 or higher, specifically including: standards of ethics and efficiency
• Provincial Governors, Vice Governors, members of the Sangguniang • Promulgate its rules of procedure and exercise such other powers or
Panlalawigan and Provincial Treasurers, Assessors, Engineers and perform such functions or duties as may be provided by law.
other Provincial Department Heads
• City Mayors, Vice-Mayors, members of the Sangguniang 2. Composition
Panglungsod, City Treasurers, Assessors, Engineers and other City - The Office of Ombudsman is composed of an Ombudsman, one over-
Department Heads all Deputy, and at least one Deputy each for Luzon, Visayas, and
• Officials of the diplomatic service occupying the position of consul Mindanao
and higher - A separate Deputy for the military establishment may likewise be
• Armed Forces of the Philippines officers with the rank of colonels, appointed.
naval captains, and all officers of higher rank - The Ombudsman and his Deputies are appointed by the President
• Officers of the Philippine National Police while occupying the from a list prepared by the Judicial and Bar Council
position of Provincial Director and those holding the rank of Senior - They shall serve their respective office with a term of seven (7) years
Superintendent or higher without reappointment and are not qualified to run for any office in the
• City and Provincial prosecutors and their Assistants, and officials and election immediately succeeding their cessation from office.
prosecutors in the Office of the Ombudsman and Special Prosecutor
• Presidents, directors or trustees, or managers of government-owned 3. Qualification
controlled corporations, state universities or educational institutions o
• Natural-born citizen
foundations.
• At least 40 years of age at the time of appointment
• With recognized probity and independence;
2. Members of Congress and Officials thereof classified as Grade
27 or higher • Member of the Philippine Bar;
• Not a candidate for any elective position in the immediate preceding
election
3. Members of the Judiciary without prejudice to the provisions of
the Constitution and other laws • A judge for ten (10) years or more or engaged in the practice of law
in the country.