ARTICLE IV (CITIZENSHIP) • By rendering services to, or accepting commission in, the armed
• Citizenship – a membership in a political community, which is
personal and more or less permanent in character.
• Nationality – refers to membership in any class or form of political
community
• Citizen – refers to a member of a political community having the
right to exercise all the political and civil privileges accorded to
members
- One who owes its allegiance and is entitled to its protection, from the
basis of legal and political conception of citizenship
- Member of a democratic political community
• Subject – member of a monarchical political community
SECTION 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
▲ Modes Of Acquiring Citizenship
• Involuntary
■ Jus soli – the citizenship is determined by place of birth
■ Jus sanguinis – the person acquires the citizenship of his parents
■ Collective naturalization – grants citizenship to a group of people,
usually after territorial acquisition.
• Voluntary
■ Naturalization – when an alien, through legal processes, adopts
citizenship of a country
SECTION 2. Natural-born citizens are those who are citizens of
the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1
hereof shall be deemed natural-born citizens.
• Natural-born citizens – those who are citizens of the Philippines
from birth without having to perform any act to acquire or perfect their
Philippine citizenship.
- The constitution reserves the following positions to natural born
citizens as they are perceived to be more loyal to the country:
House of Representatives, members of the Senate, the President and
the Vice-president, the members of the Supreme Court, the members
of the Constitutional Commission, and the Ombudsman
SECTION 3. Philippine citizenship may be lost or reacquired in
the manner provided by law.
SECTION 4. Citizens of the Philippines who marry aliens shall
retain their citizenship, unless by their act or omission they are
deemed, under the law, to have renounced it.
▲ Means Of Losing Citizenship
• By naturalization in a foreign country
• By express renunciation of citizenship
• By subscribing to an oath of allegiance to support the constitution or
laws of a foreign country of on attaining 21 years of age
forces of a foreign country
• By cancellation of the certificates of naturalization
• By having been declared by competent authority, a deserter of the
Philippine armed forces in time of war, unless subsequently, a plenary
pardon or amnesty has been granted
• In the case of a woman, upon her marriage to a foreigner if, by virtue
of the laws in force in her husband's country, she acquires his
nationality
▲ Means Of Reacquiring Citizenship
• By naturalization
• By repatriation
• By direct act of Congress
SECTION 5. Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
• Dual allegiance – refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or more
states
- Voluntary and illegal
• Dual citizenship – arises when, as a result of the concurrent
application of the different laws of two or more states, a person is
simultaneously considered a national by the said states
- Involuntary and legal
ARTICLE V (SUFFRAGE)
SECTION 1. Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have resided in the Philippines
for at least one year and in the place wherein they propose to vote
for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.
SECTION 2. The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and
the illiterates to vote without the assistance of other persons. Until
then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect
the secrecy of the ballot.
- The Philippines is a democratic and republican state. This form of
government derives its powers from its people.
- Its principle essence is indirect rule. The people choose who their
leaders are through the electoral process.
- Actual sovereignty is with them and exercised when they vote. It is a
most sacred and important progression in modern governance.
- In fact, the constitution finds it important to create a specific
commission, which is the commission elections, task solely on
guaranteeing that our country's election laws are faithfully executed
• Suffrage – the right and obligation of citizens to vote
- It carries with it the right to run for public office and be voted on
- It is a right considering that it is reserved for citizens of a country
- It is an obligation imposed by law in view of the fact that it is only
through this process that the citizen can exercise actual sovereignty
thereby effecting change in a country's political landscape
▲ Scope Of Suffrage
• Election – refers to the means by which the people choose their
officials for definite periods, and to whom they entrust for the time
being as their representatives, the exercise of the power of government
• Plebiscite – refers to the submission of constitutional amendments
for important legislative measures to the people for ratification
• Referendum – the power of the electorate to approve or reject a
legislation through an election called for the purpose
• Initiative – the power of the people to propose amendments to the
constitution or to propose and enact legislation through an election
called for the purpose
• Recall – pertains to the process of removing local government
officials through an election called for the purpose
▲ Disqualifications of a Person to Vote
• Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having
been removed by plenary pardon or granted amnesty; provided,
however, but any person disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration of five years
after service of sentence
• Any person who has been adjudged by final judgment by competent
court or tribunal for of having committed any crime involving
disloyalty to the duly constituted government, such as rebellion,
sedition, violation of the anti-subversion and firearms laws, or any
crime against national security, unless restored to his full civil and
political rights in accordance with law; provided, that he shall regain
his right to vote automatically upon expiration of five years after
service of sentence
• Insane or incompetent persons as declared by competent authority
• 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
- This affirms his political right and thus provides an opportunity to
fulfill his obligation as a citizen of the Philippines
▲ Qualifications of Voters
• A citizen of the Philippines
• Not otherwise disqualified by law
• At least 18 years of age
• Shall have resided in the Philippines for at least one year and in the
place wherein they proposed to vote for at least six months
immediately preceding the election
ARTICLE VI (THE LEGISLATIVE DEPARTMENT)
• Legislative power – the authority, under the constitution, to make
laws, and to alter and repeal them
• Congress – the law-making authority of the government of the
Philippines
• Laws – the rules and regulations enacted by the legislature to guide
our actions in society, govern our relations with our fellow Filipinos
and our relation with our government
• Bicameral legislature – a congress consisting of two-house with a
schedule - the senate and the House of Representatives
• Unicameral legislature – congress consisting of one body
■ Advantages of a Bicameral Legislature
- The two houses would produce a healthy check upon each other
- The house of representatives was expected to reflect the popular will
of the average citizen, whereas the senate was to provide for stability,
continuity, and in-depth deliberation
■ Disadvantages of a Bicameral Legislature
- Lack of fast action in legislation because in enacting important
measure it still needs to pass the two chambers and if there are
disagreements as to the contents of each, it must undergo again another
forum - the conference committee
▲ Nature of the legislative power of congress
- The nature of legislative power granted to the congress is plenary or
full, to which all powers necessary to exercise this power is granted
subject only to such limitations, as are found in constitution
- Hence, any power, deemed to be legislative by usage and tradition is
necessarily possessed by the Philippine congress, unless the
constitution provides otherwise
- The legislative power granted to the congress is classified into
constituent, which is the power to amend and revise the constitution,
and ordinary, which is the power to pass ordinary laws
- However, the grant of legislative power to the congress under the
present constitution is distinct from those crafted under the previous
constitutions
- The 1935 and 1973 constitution grant of legislative power to congress
is not exclusive by virtue of the provision on initiative and referendum
whereby the people can directly propose or reject any act or law or part
thereof passed by the congress
- We give emphasis to the fact that we recognize the power of the
people to legislate under the concept of initiative and referendum
▲ Composition Of The Congress Of The Philippines
1. Senate of the Philippines – the upper chamber of the congress
• Composition
- The senate consist of 24 members elected at large by qualified voters,
which means that they are national elected officials
• Qualifications
■ Natural born citizen of the Philippines
■ At least 35 years of age
■ Able to read and write
■ A registered voter
■ A resident of the Philippines for not less than 2 years
■ Qualified voter – one having the constitutional qualification for the
privilege, who is duly registered pursuant to law, and has the present
right to vote at the election being held
■ Domicile – the permanent home, the place to which, whenever
absent for business or pleasure, one intends to return
• Term of office
- The term of office of senators is six years which shall begin unless
otherwise provided by law at noon on the thirtieth day of June after
their election
- 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
run again to the same office provided there is an interval
- Voluntary renunciation of office for any length of time, like for
example resignation, shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected
■ Term of office – refers to the period fixed by law/constitution
during which a member of congress or an elected official will hold
office
■ Tenure of office – actual number of years during which the official
holds the office
2. House of Representatives – consists of men and women who are
the elected representatives of the Filipino people
- It is expected to the members of the house to represent the needs and
aspirations and to carry out the desires of the Filipino people on
matters of national concern
• Composition
- The house of representatives is composed of 10 times larger than the
membership in the senate
- It is composed of not more than 250 members unless otherwise fixed
by law
■ Two Kinds Of Members
◊ District representatives – elected from legislative districts
apportioned among the provinces, city, and metropolitan manila area
- They constitute the majority (80%) of members of the House of
Representatives
◊ Party-list representatives – elected through the party-system of
registered national, regional, and sectoral parties or organization
- They constitute 20% of the total number of representatives
• Qualifications
District representatives:
■ Natural born citizen of the Philippines
■ At least 25 years of age
■ Able to read and write
■ 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
than one year
Party-list representatives:
■ Natural born citizen of the Philippines
■ At least 25 years of age
■ Able to read and write
■ A registered voter
■ A resident of the Philippines for not less than one year
• Term of office
- In the 1935 constitution, the term of office of the members of the
House of Representatives was four years
- In 1973 constitution, the term of office for Mambabatas in the
Batasang Pambansa was 6 years
- Under the present constitution, the term of office of a congressman is
reduced to 3 years
- They can only be elected for three consecutive years or a continuous
service of 9 years, however, like the senators there is no limit as to the
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
• Apportionment Of Legislative District
■ Apportionment of legislative districts – dividing provinces, cities,
and the Metropolitan Manila into the legislative districts
■ Rules On Reapportionment Of Districts
◊ Legislative districts shall be apportioned among provinces, cities,
and the Metropolitan Manila area in accordance with the number of
their respective inhabitants, on the basis of a uniform and progressive
ratio
 Uniform ratio – each district must be equal in population, or as
equal as possible, thus a congressman represents a territorial unit
whose population is roughly similar with each other
 Progressive ratio – means that the increase in population in relation
to the size of the House of Representatives must be considered
◊ Each city with a population of not less than 250,000 shall be entitled
to at least one representative and each province, irrespective of
population is entitled to one representative
◊ Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory
- This is to prevent gerrymandering
- Within three years following the return of every census, the congress
shall make a reapportionment of legislative district based on the
standards provided above
 Gerrymandering – the drawing of legislative district out of a
separate territories for the purpose of obtaining partisan advantage
- This word came from the name of Governor Elbridge Gerry of
Massachusetts and the salamander shaped district that was created to
favor his party in the election
• Party-list system
■ Party list – a mechanism of proportional representation in the
election of representatives to the House of Representatives in the
election of other parties or organizations or coalitions thereof
registered with the commission on election
■ Party list system of representation in the House of
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
enable for them to become veritable lawmakers themselves,
empowered to participate directly in the enactment of laws designed to
benefit them
- It is intended to enable Filipino citizens belonging to marginalized
and unrepresented sectors, organizations and parties, and who lack
well-defined constituencies but who could contribute to the
formulation and enactment of appropriate legislation that will benefit
the nation as a whole, to become members of the House of
Representatives
▲ Congressional Election
• Regular election – the regular election of both the members of the
senate and House of Representatives and shall be held on the second
Monday of May
• Special election – an election called for a fill a vacant position in the
two chambers of congress in a manner provided by law
- In case a senator or a congressman is elected in a special election to
fill a vacant seat, it shall only serve for the unexpired term
▲ Salaries And Privileges
• Salaries
- The constitution fixed initially the annual salary of senators and
congressmen to 204,000
- These are subject to change by law. But when the members of
congress and approved an increase in their compensation, it shall take
effect only after the expiration of a full term of all the members of the
senate and the House of Representatives approving such increase
• Privileges
- The members of congress are accorded under the constitution of two
parliamentary immunities of privileges
■ 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
punishable by imprisonment of six years or a member of congress can
only invoke the immunity from arrest for relatively minor offenses
■ Privilege of speech and debate – applies for any speech or debate
in congress or in any of its committee
- This privilege means that members of congress cannot be sued or
prosecuted for anything they say or write in connection with their
legislative duties
- This guarantees the legislature complete freedom of expression
without fear of being made responsible in criminal or civil actions
before the courts or any other forum outside the congressional hall
- It is indispensably necessary that he should enjoy the fullest liberty of
speech and that he should be protected
▲ Prohibitions
• Holding any other office or employment in the government, or any
subdivision, agency, or instrumentality thereof, including government-
owned and controlled corporation or their subsidiaries, during his term
without forfeiting his seat in, or what is known as incompatible office
• Being appointed to any office, which may have been created, or the
emoluments thereof increased during the term for which he was
elected, or blown as the forbidden office
• Personally appearing as counsel before any court of justice or before
the electoral tribunal, or quasi-judicial and other administrative bodies
• Being financially interested, directly or indirectly in any contact with,
or in any franchise or special privilege granted by the government, or
any subdivision, agency, or instrumentality thereof, including any
government owned and controlled corporation, or its subsidiary during
their term of office
• Intervening in any matter before any office off the government for
their pecuniary benefit or where they may be called upon to act on
account of their office
▲ Organization of the Congress
1. Officers of the Congress
- The two houses of the congress are formally organized with the
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
- The election of officers in both houses of the congress is primarily
determined to partisan consideration
- When a party wins a majority of seats in either the senate or House of
Representatives, be controlled the leadership in that chamber
• Leadership in the senate
■ Senate president – the presiding officer of the senate elected for
majority votes of all its members
- He holds office at the pleasure of his members and may be replaced
at any time
■ President pro tempore – an honorific position which presides when
the senate president is absent
■ Majority floor leader – the leader and spokesperson of the majority
party and his principal function is to schedule the business of the
senate, generally in consultation with the senate minority leader
- He controls the conduct of debate in the senate floor and usually has
a great influence on committee assignments of members of the senate
■ Minority floor leader – recognized as leader and official
spokesperson of the minority party
• Leadership in House of Representatives
■ Speaker of the house – he presides over the house and if the most
important person in that body
- He is elected by majority votes of all the members of the house, but
in practice is chosen by the majority party
- He decides on all questions of order, refers bills introduced in the
house to proper standing committee, signs all acts, resolutions, orders
issued by or upon order of the house, appoints members of joint
committee and conference committee, and exercises administrative
functions over house personnel
■ Deputy speakers for Luzon, Visayas, and Mindanao – assume the
duties and powers of the speaker when he is absent
■ House majority floor leader – selected by the majority ruling party,
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
bills, floor deliberations, order of business
■ House minority floor leader – stands as the spokesperson of the
minority party
- Works in consultation with the leading members of the minority
parties in the house
- An ex-officio member of all the standing committees of the house
2. Congressional committee
• Legislative committee – the most remarkable organizational
structure of the congress
- Perform actual work of legislation in both house of congress
• Three Types Of Committees In Congress
■ Standing committees – permanently established legislative
committee that review proposed legislation
- They are the only ones who proposed legislation by reporting at bill
out to the full house or senate
■ Select committees – are created for a specific purpose and usually
for a limited period only such as conducting an investigation or
addressing matters of great national concern
■ Joint committees – those created by both houses of congress with
members coming from both
- An example is the bicameral conference committee, which irons out
differences in the versions of bills passed by the senate and the house
- Created to address special concerns
3. Session
- The house of representatives holds it session in Batasang Pambansa
Complex while the senate in GSIS Complex
• Two Kinds Of Session In Congress
■ Regular session – session convened once every year starting on the
4th Monday of July, unless a different date is fixed by law
- It may continue for such number of days or last as long as congress
wishes until 30 days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays
■ Special session – session called by the president while the congress
is in recess, generally to consider a legislation he may designate in his
call
4. Quorum
• Quorum – number of members of the body which, when legally
assembled in their proper places, will enable the body to transact its
proper business, or in other words, that number that makes a lawful
body and gives it power to pass a law
- A majority of each shall constitute a quorum to do business
- In case of a smaller number, it may adjourn from day to day and may
compel the attendance of absent members in such manner, and under
such penalties, as such house may provide
- But the congress cannot compel the attendance of absent members to
attend sessions if the reason for the absence is a legitimate one
5. Rules of procedure
• Rules of procedure – are rules made by any legislative body as to
the mode and manner of conducting the business of the body
- Under the constitution, both houses of congress may determine its
rules of procedure. They must not however, be contrary to any
constitutional provision, nor violate fundamental rights
- The purpose of this is to have order in the conduct of the business of
the congress especially on its principal task of law-making
- Include the procedure in the readings of the bill, the conduct of
debate, session, manner of voting among others
6. Journal and Records of Proceeding
• Journal – a record of what is done and passed in a legislative
assembly
- It is a day-to-day record of the proceedings of congress
• Twofold purpose of journal
■ Ensure publicity to the proceedings
■ Provide proof of what actually transpired in congress
• Matters required to be entered in the journal
■ Yeas and nays on any questions shall, at the request of 1/5 of the
members present
■ Yeas and nays on the third and final reading of a bill
■ Yeas and nays on the re-passing of a bill vetoed by the president
■ Veto message of the president
7. Discipline Of Members
• Punishment of members for disorderly behavior
■ Suspension
- Imposed as a sanction to a member of congress for disorderly
behavior, it should not exceed 60 days
- A member may not be spend it for a longer period of time. The
reason is that by a suspension the district will be deprived of its right to
have an active representative in the legislative department and at the
same time is not empowered to select a new member
- Suspension can only be imposed with the concurrence of two-thirds
of all its members
■ Expulsion
- The grounds for expulsion of a member are not provided in the
constitution
- Any cause, however, which either house may deem sufficient,
constitutes a good ground for expulsion
- It can only be imposed with the concurrence of two-thirds of all the
members of the congress
▲ Agencies in the Congress
• Electoral tribunal – created by the constitution as special tribunal to
be the sole judge of all contests relating to election, returns and
qualifications of the members of the legislative houses, and, as such,
are independent of congress
- Created to function as a nonpartisan although two thirds of its
members are politicians
- The purpose of the constitution creating the electoral tribunals was to
provide an independent arid impartial tribunal for the determination of
contests two legislative office, devoid of partisan considerations, and
to transfer to the tribunal all the powers previously exercised by the
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
president and speaker
■ Composition of the electoral tribunal
◊ House of Representatives electoral tribunal
- Composed of three justices of Supreme Court decided by the chief
justice and six members of the senate chosen on the basis of
proportional representation from the political parties and the parties or
organizations registered under the party-list system there in
◊ 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
proportional representation
• Commission on appointments – created by the constitution as an
independent commission although its members are confined to
members of congress, to function as a check on the appointing power
of the president
- Shall be constituted within 30 days after the senate and the House of
Representatives shall have been organized with the election of the
president and the speaker
■ Composition
- Composed of 25 members, the Senate President as ex-officio
chairman, 12 senators and 12 members of the House of
Representatives
- Chosen on the basis of proportional representation from the political
parties and the parties or organization registered under the party-list
system
■ Functions
- Functions as a check on the appointing power of the president, by
approving or disapproving appointments to important offices in the
government submitted to it by the president
- It shall act on all appointment within 30 days from their submission
- In considering nominations submitted to it by the president, the
chairman (Senate President) shall not vote except in case of a tie
▲ Classification of the Powers of Congress
• Enumerated powers – refer to those specifically or expressly
conferred to the congress by the constitution
- Includes the power to impose tax, power of appropriate, declare the
existence of state of war, power to meet as board of canvassers in the
induction of president and vice president, the power of impeachment,
the power to propose amendments to the constitution among many
others
• Implied powers – refer to such powers as are necessarily implied
from the given powers
- Includes the power to punish witness for contempt in the conduct of
legislative investigation and oversight, to elect such the formal
leadership of both houses, to determine the rules of its proceedings
• Inherent powers – those that are neither granted nor implied
therefrom, but rather they refer to those that grow out from the very
existence of congress
- Sometimes referred to as incidental powers
- Includes the three fundamental powers of the state
▲ General Legislative Powers
• General legislative powers of the congress – refers to its law
making powers specifically, this refer to the authority of the congress
to enact and the right to amend and repeal them
- These is considered the most important congressional function
• Statutes or republic act – laws passed by the congress
1. Limitations
A. Substantive limitations – refer to the content or subject matter of
the law passed by the congress
• Express limitations – limitations that are expressly provided under
the constitution like the provision in the bill of rights on non-passage
of laws abridging the freedom of speech
• Implied limitation – those that can be implied from the nature and
the character of a legislative power under our system of government
such as the passage of irrepealable laws and the non-delegation of
legislative power
■ Delegation Of Legislative Powers Permissible In Five Instances
◊ Delegation of emergency powers to the president
◊ Delegation of tariff powers to the president
◊ Delegation of administrative body
◊ Delegation to local government unit
◊ Delegation directly to the people
B. Procedural limitations – refer to the process or manner of passing
law
- Every bill passed by the congress shall embrace only one subject
which shall be expressed in the title thereof
- No bill passed by either house shall become a law unless it has
passed three readings on separate days, and printed copies thereof in its
final form have been distributed to its members three days before its
passage, except when the president certifies to the necessity of its
immediate enactment to meet a public calamity or emergency
2. Lawmaking process
A. Origin of bills
- The first step in making process is the creation and introduction of
bill
• Bill – a draft of a proposed statute or law submitted to the legislative
for enactment
- Introduced by a member of the House of Representatives or senate
except to those which the constitution requires exclusively in the
senate
B. Parts of a Bill
• Title – indicates the subject matter of a bill
• Preamble – an introductory statement in the bill stating the rationale
or reasons for the enactment, or the intention of the lawmaker in
presenting the measure
• Enacting clause – the part which identifies the authority that
promulgated the bill
- The enactment clause used by the congress today is be it enacted by
the senate and house of representatives in congress assembled
• Body of the statute – part containing the subject of the law, hence,
this is considered as the most important part
- Usually divided into titles, chapters, articles, sections, and
subsections
• Effectivity clause – part of the law which provides the date when the
bill shall take effect
C. Procedure In The Approval Of A Bill
- The constitution provides that before a bill passed by either house
becomes a law, it shall pass three readings on separate days with the
exception of those which the president will certified as necessary to
meet public calamity
- 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
- 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
- The committee will later submit a report recommending the approval
or disapproval of the bill
3. Second reading
- Once the committee approves the bill, it will be reported to the rules
committee entered into the house calendar for 2nd reading by the full
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
- The rules committee place an important role at this stage, it set the
time limit for floor debate, provide for the manner on how the bill will
be amended, and when the bill will be voted on
- After the bill has been approved, it is printed in its final form and
copies distributed to members at least three days before the third and
last reading
4. Third reading
- On the 3rd reading, only the title of the bill is read
- Thereafter, the bill is voted upon for approval. If approved, the bill is
transmitted to the other house where it will undergo the same three
readings
- If it will likewise be approved, it shall be transmitted to the president
for his approval
A. Bicameral Conference Committee
- To become a law, a bill must be passed in identical formed by both
the house and senate
- If there are differences in the version approved by both houses, the
bill is then referred to the bicameral conference committee to resolve
the differences
• Conference committee – a temporary committee consisting of
members from both houses formed to bargain out the bill
- Usually the members are appointed from the standing committees of
the senate and house who originally work on the bill
B. When A Bill Becomes A Law
• When the president approves and signs it after congress presented the
bill to him
• When the president does not act upon the bill within 30 days after it
has been presented to him
• When a bill is vetoed by the president and sent back to the house
where it originated which shall enter the objections at large in the
journal, the bill becomes a law when congress by a vote of 2/3 of its
members agreed to override the veto
5. Presidential Veto
• Veto – the power of the president to reject a bill passed by the
congress
- As a rule, the president must veto the entire bill
- However, the president shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill, but the veto
shall not affect the items or items to which he does not object
• Item – the particulars, the details, the distinct in several parts of the
appropriation of the bill
▲ Power of Legislative Investigation
- The two houses of the congress and their respective committees are
authorized under the constitution to conduct investigations or inquiry
in aid of legislation or to aid the congress in its legislative work.
- The congress conduct investigation to determine if legislation is
needed, to gather facts relevant to legislation, to assess the efficiency
of executive agencies, to build public support, to expose corruption,
and to enhance the image and reputation of its members
- A legislative body cannot legislate wisely or effectively in the
absence of information respecting the condition, which the legislations
intended to affect or change
1. Power of legislative oversight
• Oversight – refers to the responsibilities to question executive
branch officials to see whether their agencies are complying with the
wishes of the congress and conducting their programs efficiently
- Committees are usually formed to conduct oversight investigation
2. Limitations on the power of investigation
• Must be in aid of legislation
• Must be in accordance with its duly published rules and procedure
• The rights of persons appearing in or affected by such inquiries shall
be respected
3. Power to punish witness for contempt
- In the exercise of the power of legislative investigation, the congress
may punish witnesses or contumacy or disobedience
- Said power must be considered implied or incidental to the exercise
of judicial power or necessary to effectuate said power
▲ Power Of Appropriation/Power Of Purse
1. Classification Of Appropriation Law
A. General appropriations law – government’s annual budget
B. Special appropriation law – appropriation designed for a specific
purpose
2. Limitations on Appropriation Measure
A. Public funds may be used only for public purpose, therefore
appropriations must be devoted to a public purpose
B. The amount appropriated must be certain, which means that the
some authorized to be released should either be determinate or at least
determinable
3. Constitutional guidelines on appropriations
A. Guidelines on general appropriation
• The congress may not increase the appropriations recommended by
the president for the operation of the government as specified in the
budget
• The form, content, and manner of preparation of the budget shall be
prescribed by law
• No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular
appropriation therein
- Any such provision or enactment shall be limited in its operation to
the appropriation to which it relates
- This provision will eliminate the inclusion in the general
appropriations law of riders or a provision not germane to the subject
matter of the bill, and is new and completely unrelated provision
attached to the bill
• The procedure in approving appropriations for the congress shall
strictly follow the procedure or approving appropriations for the other
department or agencies
• No law shall be passed authorizing any transfer for appropriation,
however, the president, senate president, speaker of the house, chief
justice, in constitutional commission may, by law, be authorized to
augment any item in the general appropriations law for their respective
offices from savings in other items of their respective appropriations
• No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any
sector, church, denomination, sectarian institution, or system of
religion
B. Guidelines on Special Appropriation
A special appropriations bill shall specify:
• The purpose for which is intended
• Shall be supported by funds actually available as certified by the
national treasurer, or to be raised by a corresponding revenue proposed
therein
4. Discretionary fund
Discretionary funds appropriated for particular officials shall be
disbursed only for public purposes to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by law
5. Automatic reappropriations
If, by the end of any fiscal year, the congress failed to pass the general
appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed
reenacted and shall remain in force and effect until the general
appropriations bill is passed by the congress
▲ Power of Taxation
• Power of taxation – power to impose taxes
1. Rule of taxation
- The constitution provides that the rule of taxation shall be uniform
and equitable
- A tax is considered uniform when it operates with the same force and
effect in every place where the subject may be found
2. Tax Exemptions And Institutions Exempt From Taxation
- No law granting any tax exemption shall be passed without the
concurrence of a majority of all the members of the congress
■ Institutions Exempt From Taxation
◊ Charitable institutions, churches and parsonages or covenants
appurtenant thereto, mosques, non-profit cemeteries, and all lands,
buildings, and improvement, actually, directly, and exclusively used
for religious, charitable, or educational purposes
◊ All revenues and assets of non-stock, non-profit educational
institutions used actually, directly, and exclusively used for
educational purposes
▲ Non-legislative powers
- Includes the power to declare the existence of war, power to concur
in presidential amnesties, power to impeach the president, etc.
ARTICLE VII (EXECUTIVE DEPARTMENT)
▲ Presidency and Executive Power
- The President of the Philippines and no other is the executive of the
government of the Philippines
- The whole executive power is vested only to one person, the
President of the Philippines
- The President is the most powerful officer of our government
• Executive Power – the power to enforce and execute the laws
faithfully
- The laws required to be administered by the President includes the
constitution and all statutes lawfully enacted by the Congress
▲ Roles of the President
• Chief of state – the President stands as the head of our government
and as such he represents the nation
• Chief executive – the President is the head of the executive
department, the largest bureaucracy of the government
• Chief diplomat – the President has the authority to receive
ambassadors and the power to initiate diplomatic relations with other
nations, as well as to appoint diplomatic representatives of the country
abroad
• Commander-in-Chief of the Armed Forces – the constitution
grants the President command of the nation’s military
▲ The President of the Philippines
1. Qualifications for Presidency
• Natural-born citizen of the Philippines
• A registered voter
• Able to read and write
• At least 40 years of age
• Resident of the Philippines for at least 10 years
2. Election and Term of Office
- The President is elected by direct vote of the people like members of
the Senate
- The term of office of the President is of 6 years, which shall begin at
noon on the thirtieth day of June following the day of the election
- The President shall not be eligible for any re-election.
- This prohibition is intended to enable the President to devote his full-
time to the interest of the whole people rather than to spend much of it
in pleasing a few politicians whose support he might need in case he is
permitted to run for immediate re-election
- No person who has succeeded as President and has served as such
for more than four years shall be qualified for election to the same
office at any time
- Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of the service of the
full term for which he was elected
3. Congress as Board of Canvasser
- The returns of every election for President, duly certified by the
board of canvasses of each province or city, shall be transmitted to the
Congress, directed to the President of the Senate
- Upon the receipt of the certificates of canvass, Senate President shall,
not later than 30 days after the election, open all certificates in the
presence of the Senate and House of Representatives and joint public
session
- After the certificate of canvass have been opened, the counting in the
canvassing of the votes for the President shall not immediately be
made
- First, there should be a determination of the authenticity and due
execution of the certificates of canvass
- 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
votes shall be proved elected President
- In case two or more candidates have equal and highest number of
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
the majority of all the members of Congress, voting separately
- In the performance of this function, Congress is required by the
constitution to promulgate its rules for the fungus of the certificates
4. Presidential Electoral Tribunal
- The Supreme Court, sitting en banc, is given the power to act as
electoral tribunal and the sole judge of all contests relating to the
election, returns, and qualifications of the President, and may
promulgate its rules for the purpose
5. Oath of Office
- Before he enters in the execution of his office, the President, or the
acting President shall take the following oath or affirmation:
I do solemnly swear [or affirm] that I will faithfully and
conscientiously fulfill my duties as President [or Vice-President or
Acting President] of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and consecrate
myself to the service of the Nation. So help me God. [In case of
affirmation, last sentence will be omitted.]
6. Privileges
• Official residence
- He is the only official of the government provided in area sentence
maintained by public funds
■ Malacañang Palace – where the Spanish and American Governor-
Generals recorded is the official residence of the Philippines
- Often referred to as the seat of the Philippine President
• Salary
- The salary of the President shall be determined by law and shall not
be decreased during his tenure
- The constitution initially fixed the salary of the President to 300,000
and may be increased by law
- No increase in said compensation shall take effect until after the
expiration of the term of the incumbent during which such increase
was approved
• Immunity from suit (Civil and criminal)
- This is to assure the exercise of Presidential duties and functions free
from any hindrance or distraction, considering that being a Chief
Executive of the government is a job that, aside from requiring all of
the office-holders time, also demands undivided attention
7. Prohibitions
• Receive any other emolument from the government or any other
source
• Holding any other office of employment unless otherwise provided in
this constitution
• Directly or indirectly, practicing any other profession, participating in
any business, or being financially interested in any contract with, or in
any franchise, or special privilege granted by the government or any
subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries
• Strictly avoiding conflict of interest in the conduct of his office
• Appointing spouse and relatives by consanguinity or affinity in the
fourth civil degree as members of the Constitutional Commission, of
the Office of the Ombudsman, or as secretaries, undersecretaries,
chairman or heads of bureaus or offices, including government-owned
and controlled corporations and their subsidiaries
▲ The Vice President
- The constitution doesn't specify the role or powers of the Vice
President except to succeed as President as provided in the order of
Presidential succession
- The Vice President is part of the Executive Department, hence, it is
usually the President who determines the role played by the Vice
President
- The constitution allows the Vice President to be appointed as member
of the cabinet with the privilege of not being subject to confirmation
by the Commission on Appointments, the Vice President is usually
appointed as Cabinet Secretary
• Qualifications, Election, and Term of Office
- The Vice President has the same qualification and is elected in the
same manner as the President
- The Vice President has a term of six years and commenced on the
same day as the President
- The Vice President is entitled to one immediate re-election
▲ Rules on Presidential Succession
1. Vacancy in the office of the President at the beginning of his
term
• If the President-elect fails to qualify, the Vice President-elect shall
act as a President until the President-elect shell have qualified
• If a President shall not have been chosen, the Vice President-elect
shall act as President until a President shall have been chosen and
qualified
• If the President-elect shall have died or have become permanently
disabled, the Vice President-elect shall have become President
• Where no President and Vice President shall have been chosen or
shall have qualified, or where both shall have died or become
permanently disabled, the President of the Senate or, in case of his
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
2. Vacancy in the office of the President during his term
• When the office of the President becomes vacant as a result of death,
permanent disability, removal from office, resignation, the Vice
President will become President to serve for the unexpired term
• In the case of death, permanent disability, removal from office, or
resignation of the President as well as the Vice President, the Senate
President or, the speaker of the house shall act as the seven until a
President or a Vice President shall have in case of inability, the
Speaker of the House shall act as President until a President or a Vice
President shall have been elected and qualified
3. Vacancy in the Office of the Vice President
• When the vacancy occurs at the beginning of his term
■ As in cases where the Vice President shall not have been chosen,
shall not have been qualified, died or shall become permanently
incapacitated, it is the Senate President or, in case of his inability the
Speaker shall act until the Vice President shall be chosen and qualified
• When the Vacancy Occurs During the Term
■ The President shall nominate a Vice President to serve for the
unexpired term from among the members of the Senate or House of
Representatives
■ The nominee shall assume office on confirmation of a majority vote
of all the members of both houses of the Congress, voting separately
4. When the Vice President Shall Become President
• If at the beginning of the term, the President elect shall have died or
become permanently disabled
• In case of death, permanent disability, removal from office and
resignation of the President during his term
▲ Special Election for the Office of the President
- In case of vacancy in the office of the President and Vice President,
at 10:00 in the morning on the third day following the vacancy, the
Congress shall convene this, notwithstanding the need of a call
- After convening, within a period of 7 days shall enact a law calling
for a special election
- Such election must be held not earlier than 45 days nor later than 60
days counted from the time of such call
- The bill passed by the Congress calling for such election shall be
deemed certified and shall immediately become a law on its approval
in the third reading
- The special appropriations for the calling of the election shall be
charged to any current appropriations and shall be exempt from the
requirements under Section 23, Article VI
- The convening of the Congress cannot be suspended nor the special
election postponed
- No special election shall be called if the vacancy occurs within 18
months before the date of the next Presidential election
- This is intended in the interest of economy, because the election for
President or Vice President is nationwide, the government will be
spending too much in the election
▲ Declaration on the Inability of the President to Discharge the
Office
- The President must have the ability to discharge duties and obligation
of his office to ensure the orderly workings of our government that will
ultimately benefit the people
- In case of the President’s inability to discharge the powers and duties
of his office, he must transmit a written declaration to this effect to the
Senate President and the Speaker
- After which, the Vice President shall discharge the powers and duties
as Acting-President
- The inability to discharge the function of the office by the President
can also be made manifest by members of the cabinet
- Whenever a majority of all the members of the cabinet transmits the
Senate President and speaker their written declaration that the
President is unable to discharge the powers and duties of the office, the
Vice President shall assume the functions of the office
- 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
- Should a majority of all the members of the cabinet transmitted
within five days to the Senate President and to the speaker of the
House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, a deadlock
ensues here - the President contending that is capable and the majority
of the members of the cabinet saying is incapable
- Congress shall decide this conflicting contentions, convening within
48 hours for that purpose if not in session
- If the Congress, within 10 days after receipt of the last written
declaration, or, if not in session, within 12 days after it is required to
assemble, determines by 2/3 vote of both houses, voting separately,
that the President is unable to discharge the powers and duties of his
office, the Vice President shall act as the President; otherwise, the
President shall continue exercising the powers and duties of his office
▲ State of Health of the President
- In case of serious illness of the President, the public shall be
informed of the state of his health
- The members of the Cabinet in charge of national security and
foreign relations and the Chief of Staff of the Armed Forces of the
Philippines shall not be denied access to the President during such
illness
▲ Classifications of the Powers of the President
• Constitutional powers – powers enumerated under the constitution
• Statutory powers – powers granted to him by law or statute
established by the Congress
• Express powers – powers expressly provided under the constitution
and statutes, hence, the expressed powers of the President includes to
constitutional and statutory powers
• Inherent powers – powers of the President defined through practice
rather than through constitutional or statutory law
- These are those powers exercised by the President from the loosely
worded statement in the constitution that the executive power shall be
vested in the President of the Philippines and he shall ensure that the
laws are faithfully executed
▲ Powers of the President
1. Executive power – power to administer and enforce the laws
- Alongside with this power is the responsibility of the President to
ensure that all laws are faithfully executed
2. Power of Appointment (Chief Executive)
- The power to appoint is inherently and executive function while the
power to confirm or reject appointments belongs to the legislative
department, the latter power having been conferred as a check on the
former
- This power to check may be exercised through the members of both
houses in the commission on appointments
• Appointment – the selection, by authority vested with the power, of
an individual who is to exercise the functions of a given office
• Designation – the mere imposition of a new or additional duties upon
an officer already in the government service to temporarily perform the
functions of an office in the executive branch when the officer
regularly appointed to the office is unavailable to perform his duties or
if there exists a vacancy
• Permanent and Temporary Appointment
■ Permanent Appointment
- Issued to a person who meets all the requirements for the position to
which he is being appointed, including the appropriate eligibility
prescribed, in accordance with the provision of law, rules and
standards promulgated in pursuance thereof
■ Temporary Appointment
- Issued to a person who meets all the requirements for the positions to
which he is being appointed except the appropriate civil service
eligibility; provided, that such temporary appointment shall not exceed
12 months, but the appointee may be replaced sooner if a qualified
civil service eligible becomes available
- One who holds a temporary appointment has no fixed tenure of office
- His employment can be terminated at the pleasure of the appointing
power, there being no need to show that the termination is for a cause
• Officials Appointed by the President
■ The heads of the executive departments, ambassadors, other public
ministers and consuls, officers of the armed forces from the rank of
colonel or naval captain, and other offices whose appointments are
vested in them in this constitution (The only group that requires the
confirmation or consent of the commission on appointments)
■ All other officers of the government whose appointments are not
otherwise provided for by law
■ Those whom the President may be authorized by law to appoint
■ Officers lower in rank, whose appointment the Congress may by law
vest in the President alone
• Regular and Ad-interim Appointment
■ Regular appointment – one whose appointment requires
confirmation of commission on appointments made by the President
while the Congress is in session
- It will take effect once approved by the commission and continued as
such until the end of its terms
■ Ad interim appointment – one whose appointment requires the
confirmation of the commission on appointments made by the
President while Congress is in recess
- Such appointments shall be effective only until disapproved by the
Commission on Appointments or until the next adjournment of
Congress
3. Constitutional Limitations on the Appointing Power of the
President
• Appointments extended by an Acting President shall remain
effective, unless revoked by the elected President within 90 days from
his assumption or re-assumption of office.
• Two months immediately before the next presidential election and up
to the end of his term, a President or Acting President shall not make
appointments, except temporary appointments to executive positions
when continued vacancies therein will prejudice public service or
endanger public safety.
4. Power of Removal
- The power or removal or the power to remove officials appointed by
the President is implied from the grant of the power of appointment.
- If the term of an officer is not fixed for a definite time by law, the
President may remove him when he wills. This is especially true in the
case of cabinet secretaries who occupy the office at the pleasure of the
President
- The President cannot remove those officials even appointed by him
when the Constitution provides for the manner of their removal from
office.
- The Chief Justice and Associate Justice of the Supreme Court, the
Ombudsman, and the Chairman and Members of the Constitutional
Commission are removable only through the process of impeachment.
- The career service employees appointed by him can be removed only
for a cause and in accordance with the administrative procedure
provided by law.
5. Power of Control
- The President has been vested with the power of control of all the
executive departments, bureaus, or offices, but not of all local
governments over which he has been granted only the power of general
supervision as may be provided by law.
• Power of control – the power granted to an officer to alter or modify
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
to that of the latter
• Power of general supervision – the power to see to it that the
inferior follows the law
- Supervision involves the authority of an officer to see that
subordinate officers perform their duties
6. Military Powers – the power to suspend the privilege of Habeas
Corpus, and the power to declare martial law.
- In the event of emergency cases, the President is vested under the
Constitution military powers to suppress such cases.
• Commander-in-Chief
- The President is the Commander-in-Chief of the Armed Forces of the
Philippines, thus, he is vested with the power to call such forces to
prevent or suppress lawless violence, invasion, or rebellion.
- As Commander-in-Chief, he is authorized to direct the movements of
the naval and military forces placed by law at his command, and to
employ them in the manner he may deem most effectual
• Power to Suspend the Privilege of the Writ of Habeas Corpus
■ Privilege of the writ of habeas corpus – a writ directed to the
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
or the judge awarding the writ shall consider in that behalf.
■ Grounds for Suspension
- The enumeration for suspension under the Constitution is exclusive,
which means that no other ground may justify the suspension of the
writ.
■ Duration
- 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.
- Congress is empowered to extend the duration within 48 hours after
the suspension, the President shall report in person or in writing, and
the Congress by a majority vote of its members voting jointly may
revoked the suspension and may also extend upon the' initiative of the
President.
■ Factual Basis of Suspension
- The present Constitution now provides that the Supreme Court may
review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation or martial law or
the suspension of the privilege of the writ or the extension thereof, and
must promulgate its decision thereon within 30 days from filing.
- This new rule was a departure, from the old charter which provides
that the authority to decide whether the exigency has arisen requiring
suspension of the writ of habeas corpus belongs to the President and
his decision is final and conclusive upon the courts
■ Effect of the Suspension of the Privilege of the Writ of Habeas
Corpus
- The suspension does not affect the right to bail, and applies only to
those charged with rebellion or offenses connected with invasion.
- During suspension of the privilege of the writ any person thus
arrested or detained shall be judicially charged within 3 days,
otherwise he shall be released.
■ Power to Declare Martial Law
- 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
- It is invoked as an extreme measure, and rests upon the basic
principle that every state has the power of self-preservation, a power
inherent in all states, because neither the state nor society would exist
without it
- The requirements for the declaration of martial law are subject to the
same grounds, duration, and conditions as that of a suspension of the
privilege of the writ of habeas corpus.
- 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
military courts and agencies over civilians where civil courts are able
to function, nor automatically suspend the privilege of the writ.
7. Pardoning Power/Power of Executive Clemency (Chief
Executive)
- Under the old provision of the zones law, the Governor-General is
granted the exclusive power to grant pardon and reprieves and remit
fines and forfeitures.
- This power is now vested in the President of the Philippines.
- The pardoning power cannot be restricted or controlled by legislative
action.
- This power is purely executive acts, which are not subject to judicial
scrutiny.
• Scope of the Pardoning Power
■ Pardon – an act of grace, proceeding from the power entrusted with
the execution of the laws, which exempts an individual on whom it is
bestowed from the punishment the law inflicts for a crime he has
committed
■ Commutation – a remission of a part of the punishment, a
submission of a less penalty for the one originally imposed
■ Reprieve – a postponement of execution or a temporary suspension
of execution
■ Remit Fines and Forfeiture – exoneration of fines and forfeited
property.
■ Amnesty – the general pardon to rebels for their treason and other
high political offenses, of the forgiveness which one sovereign grants
to the subjects of another, who have offended some breach of the law
of nations.
• Limitations on the Exercise of the Pardoning Power
■ It may not be given or granted in impeachment cases.
■ No pardon can be granted to cases of violation of election laws
without the recommendation of the Commission on Elections.
■ Amnesty cannot be granted without the concurrence of Congress.
■ Pardoning power can only be exercised or be granted after
conviction.
• Kinds of Pardon
■ Absolute Pardon – granted without any conditions whatsoever
- An absolute pardon not only blots out the crime committed, but
removes all disabilities resulting from the conviction
■ Conditional Pardon – granted by the President subject to such
conditions or qualifications, as he may deem necessary or see fit.
8. Diplomatic Power (Chief Diplomat)
- The power to conduct the country's external affairs, includes the send
and receive diplomatic representatives, the power to recognize foreign
government and the power to enter into treaty and international
agreement
• Power to Send and Receive Diplomats
- It is the President who appoints, sends, and instructs diplomatic
agents and consuls
- These agents represent the country abroad and are essential in
carrying and maintaining our diplomatic relations with other counties
- The assignment to and recall from posts of ambassadors are
prerogatives of the President, for him to exercise as the exigencies of
the foreign service and the interests of the nation may from time to
time dictate
- The President also exercises authority over the reception of
diplomatic agents and consuls.
- In modern times, the simple act of receiving a diplomat has been
equivalent to accrediting the diplomat and officially recognizing his or
her, government
- Corollary to this power, the President is also granted the right to
refuse to admit agents whom it may consider unacceptable.
• Power of Recognition – the power to recognize the legitimacy of
foreign governments.
Such recognition of the legitimacy of another country's government is
a pre-requisite to diplomatic relations with that country
• Treaty-making Power
- Treaties are international agreement concluded between States in
written form and governed by international law, whether embodied in a
single instrument and whatever its particular designation
■ Treaty and Executive Agreement, Distinguished
◊ Treaties – are formal, documents which require ratification with the
approval of two-thirds of the Senate
- International agreements involving political issues or changes of
national policy and those involving international arrangements of a
permanent character.
◊ Executive agreements – become binding through executive action
without the need of a vote by the Senate or by Congress.
- International agreements embodying adjustments of detail carrying
out well-established national policies and traditions and those
involving arrangements of a more or less temporary nature
■ Limitations on the Treaty-making Power of the President
◊ It is required that such treaty or international agreement entered by
him must obtain prior concurrence of the Senate for its validity.
◊ The Constitution requires that such concurrence must be made by at
least two-thirds of all the members of the Senate.
◊ The Supreme Court may declare treaties concluded by the President
when these treaties conflict with certain provisions of the Constitution.
9. Borrowing Power
- The President has the authority to contract or guarantee loan in the
name of the Republic of the Philippines.
- The President is in a best position to exercise this power because he
is responsible in the implementation of the programs of our
government, aside from the fact, that his office is equipped with the
needed information to determine the exigency of borrowing money.
- These loans may be used to augment the budget of the government as
well as to finance important development projects.
- It is required that before the President can guarantee such foreign
loan in the name of the Government, it must first receive prior
concurrence of the Monetary Board of the Central Bank.
- This limitation is provided because the Monetary Board is in the best
position to determine whether an application for foreign loan initiated
by the President is within the paying capacity of our country or not
- Congress can also provide other limitations on the President's power
to contract or guarantee loan through legislative enactments.
- The Constitution requires the Monetary Board to submit, within 30
days from the end of every quarter of the calendar year, a complete
report of its decisions on applications for loans to be contracted or
guaranteed by the Government or government-owned and controlled
corporations which would have the effect of increasing the foreign
debt, and containing other matters as may be provided by law
10. Informing Power
- The President shall address the Congress, at the opening of its regular
session (This is referred to as the State of the Nation Address)
11. Other Powers
- The President also exercises such other powers, which expressly
conferred to him under the Constitution like the general supervision
over all local governments, the power to call special session in
Congress to address emergency measures, the power to approve bills
and at the same time to veto bills passed by Congress.
ARTICLE VIII (JUDICIAL DEPARTMENT)
▲ Judicial power – the power to apply the laws to contests or
disputes concerning legally recognized rights or duties between the
State and a private person, or between individual litigants, in cases
properly brought before the judicial tribunals, which includes the
power to ascertain what are the valid and binding laws of the State, and
interpret and construe them
- Includes the duty of the courts of justice to settle actual controversies
involving rights, and to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess jurisdiction on
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
Philippine judicial system. It only established the Supreme Court of the
Philippines and left to the Congress the authority to establish other
inferior courts
- The Supreme Court is the only court created by the Constitution
• Statutory courts – courts established through statutory enactment • Statutory qualifications – qualifications, which the Congress may
made by the Congress prescribe through ordinary legislation.

Ex. Court of Appeals, Court of Tax Appeals

• Qualifications for Members of the Supreme Court (SC)

▲ Fiscal Autonomy ■ Natural-born citizen of the Philippines

• Fiscal autonomy – the automatic release of funds once approved and ■ At least 40 years of age
appropriated by the Legislature.
■ A judge of lower court or engages in the practice of law in the
- Appropriations for the judiciary may not be reduced by the legislature
below the amount appropriated for the previous year and, after Philippines for 15 years or more.
approval, shall be automatically and regularly released.

• Qualifications for Members of the Lower Collegiate Court

▲ Supreme Court and Other Lower Courts of the Philippines (composed of more than one judge such as the CA, CTA,
Sandiganbayan)
1. Composition of the Supreme Court
■ Constitutional qualifications
- The Supreme Court is a collegial body composed of 15 members, 1
Chief Justice and 14 Associate Justices ◊ Natural-born citizen of the Philippines.

- They are appointed by the President from a list of at least 3 nominees ◊ Member of the Philippine Bar
prepared by the Judicial and Bar Council and are not subject to
confirmation by the Commission on Appointments.
■ Statutory qualifications

◊ Congress may prescribe other qualifications

2. En Banc and Division Cases

- It may sit en banc or in its discretion in division of three, five or

seven
- It sits en banc when all the justices take part in considering cases
- It may conduct its business in division when only a number of
justices take part
- The Supreme Court at present consists of 3 divisions with 5 Justices
each division.
• Qualifications for Members of the Lower Courts (RTC, MTC,
MeTC, MCTC)
■ Citizen of the Philippines (either naturalized or natural-born).
■ Member of the Philippine Bar.
■ Congress may prescribe other qualifications.

• Cases to be Heard and Decided by the Supreme Court Sitting En

Banc 4. Salaries of the Members of the Judiciary

■ All cases involving the constitutionality of a treaty, international or
executive agreements.
■ Those involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instructions, ordinances,
and other regulations.
- The salary of the Chief Justice and of the Associate Justice of the
Supreme Court, and of the judges of the lower courts shall be fixed by
law.
- During their continuance in office, their salary shall not be decreased.

■ Cases heard in division when the required majority vote is not

5. The Judicial and Bar Council and the Manner of Appointing
obtained.
Members of the Judiciary
■ Cases where a doctrine of law laid down in a division or the court
- Under the 1935 Constitution, the President, with the consent of the
sitting en banc is modified by the Supreme Court.
Commission on Appointments, appoints the members of the Judiciary.
■ Administrative cases involving the dismissal of judges of a lower
- Under the 1973 Constitution, they are appointed also directly by the
court.
President.
■ Sitting as electoral tribunal as judge of all contests relating to the
- Under our present Constitution, the members are appointed from a
elections, returns and qualifications of the President and Vice-
list of nominees prepared by the Judicial and Bar Council. Such
President.
appointment no longer requires confirmation by the Commission on
■ All other cases, which under the Rules of Court must be heard in Appointments.
division.
- This will remedy the situation in the past where judges had
practically begged for confirmation of their appointments

3. Qualifications for Members of the Judiciary

• Constitutional qualifications – refers to those qualifications • Judicial and Bar Council – is a significant innovation introduced by
prescribed under the Constitution the 1987 Constitution, the primary purpose of which is to recommend
appointees to the judiciary
- For every vacancy, the Council will nominate at least 3 candidates,
hence, when the President appoints a justice or judge, his choice w be
limited only to those recommended by the Council
- The Council may also perform such other functions and duties as the
Supreme Court may assign to it.
■ Composition of the Judicial and Bar Council
◊ Ex-officio
 The Supreme Court Chief Justice shall be its ex-officio Chairman
 The Clerk of the Supreme Court shall be the Secretary ex-officio of
the Council
 The Secretary of the Department of Justice and a Representative of
the Congress as ex-officio members.
◊ Regular Members
 A representative of the Integrated Bar (4 years)
 Professor of law (3 years)
 Retired member of the Supreme Court (2 years)
 Representative of the private sector (1 year)
6. Tenure and Discipline
- The members of the Supreme Court and judges of lower courts shall
take office during good behavior until they reach the age of 70 years or
become incapacitated to discharge the duties of their office
- The Constitution does not provide a precise definition of what
constitutes good behavior. It is for the Supreme Court to determine
since it has the power to discipline justices of lower collegiate courts
and judges of the lower courts.
- The Supreme Court en banc may order their dismissal by a majority
of the Members, who actually took part in the deliberations on the
issues in the ease and voted thereon.
- It has been said that the misconduct of a judge that will warrant
disciplinary action by the Supreme Court must have direct relation to
and be connected with the performance of his official duties, not his
character as a private individual
7. Prohibitions
- The members of the Supreme Court and of other courts established
shall not be designated to any agency performing quasi-judicial or
administrative functions.
▲ Decision of the Court
- The conclusion of the Supreme Court in any case submitted to it shall
be reached in consultation before the case is assigned to a member for
the writing of the opinion of the Court
- A certification to this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the record of the case and served
upon the parties.
- Any member who abstained from a decision or resolution must state
the reason thereof.
- The same requirements shall be observed by all lower collegiate
courts
- No decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and law on which it is based
- A judge cannot just pronounce during the resolution of the case that
the one party won over the other
- There is no requirements as to the number of pages a decision must
consist of, but decision shall be reasonable instead of infinite length
- No petition for review or motion for reconsideration of a decision of
the court shall be refused due course or denied without stating the legal
basis thereof
▲ Period of Decisions
- All cases or matter filed after the effectivity of this Constitution must
be decided or resolved within:
• 24 months from the date of submission for the Supreme Court, and
unless reduced by the Supreme Court
• 12 months for all lower collegiate courts
• 3 months for all other lower courts
- 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.
- Upon the expiration of the corresponding period, a certification to
this effect signed by the Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof attached to the record of the
case or matter, and served upon the parties.
- The certification shall state why a decision or resolution has not been
rendered or issued within said period
- Despite the expiration of the applicable mandatory period, the Court,
without prejudice to such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the case or matter
submitted thereto for determination, without further delay.
▲ Judicial Review
Judicial Review – the power of the Supreme Court to declare act of
the Executive and Legislative departments of government
unconstitutional in the light of its conformity with the Constitution.
- The Constitution does not provide expressly for this authority
exercised by the Court
- It had its beginning in the landmark decision written by Chief Justice
John Marshall of the US Supreme Court.
- In that case, Chief Justice Marshall successfully claimed for the
judges the power of judicial review
▲ Powers of the Supreme Court
1. Original Jurisdiction
• Jurisdiction – refers to the authority of the court to be and determine
a particular case.
- The Supreme Court's original jurisdiction refers to its authority to be
the first court to hear a case
- The Supreme Court exercises original jurisdiction embracing cases
affecting ambassadors, public ministers, and consuls.
- These officials are our diplomatic representatives abroad, and under
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
diplomatic relations, it is but proper that the Supreme Court being the
highest court of the land assumes the authority to decide the case.
• Appellate jurisdiction – refers to the authority of the Supreme Court
to review, revise, modify, or affirm final judgments rendered by lower
courts.
■ The Supreme Court has appellate jurisdiction over:
◊ 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.

◊ All cases involving the legality of any tax imposed, assessment, toll,
■ Certiorari or any penalty imposed in relation thereto.

- When any tribunal, board or officer exercising judicial a quasi- ◊ All cases in which the jurisdiction of any lower court is in issue.
judicial sanctions has acted without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or ◊ All criminal cases in which the penalty imposed is reclusion perpetua
excess of jurisdiction, and there is no appeal, nor any plain, speedy and or higher.
adequate remedy in the ordinary course of law, a person aggrieved
◊ All cases in which only error or question of law is involved
thereby may file a verified petition in the proper court, alleging facts
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 possesses the power to assign temporarily judges

of lower courts to other stations a public interest may require.
■ Prohibition
- However, such temporary assignment shall not exceed 6 months
- When the proceedings of any tribunal, corporation, board or officer without the consent of the judge concerned.
or person, whether exercising judicial, quasi-judicial ministerial
functions, are without or in excess of its or his jurisdiction or with
grave abuse of discretion amounting to lack or excess jurisdiction, and
4. Order to Change the Venue of Trial
there is no appeal or any other plain, speedy adequate remedy in the
ordinary course of law, a person aggrieved thereby may file a verified - The Supreme Court has the power order a change of venue or place
petition in the proper court, alleging the facts with certainty and of trial to avoid miscarriage of justice
praying that judgement be rendered commanding the respondent to
desist from further proceedings in the action or matter specified
therein, or otherwise granting such incidental reliefs as law and justice
may require. 5. Rule-Making Power

- The Supreme Court has the authority to promulgate rules concerning

the protection and enforcement of constitutional rights, pleadings,
■ Mandamus practice, and procedure in all courts.

- When any tribunal, corporation, board or personnel unlawfully
neglects the performance of an act which the law specifically enjoins
as a duty resulting from an office, trust or station or unlawfully
excludes another from the use and enjoyment of a right or office to
which such other is entitled, and there is no other plain, speedy and
adequate remedy in the ordinary course of law, the person aggrieved
thereby may file a verified petition in the proper court, alleging the
facts with certainty and praying that judgment be rendered
commanding the respondent, immediately or at some time to be
specified by the court, to do the act required to be done to protect the
rights of the petitioner, and to pay the damages sustained by the
petitioner by reason of the wrongful acts of the respondent.
■ Quo Warranto
- These rules govern the manner by which cases are presented in courts
for decision and prescribe the necessary papers which describe claims
or defenses of the parties to a case
- The Constitution also is granted the power to provide rules
concerning admission to the practice of law, the integrated bar and
legal assistance to the underprivileged.
- the Constitution provides that such roles shall provide a simplified
and inexpensive procedure for the speed disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights
- Special courts and quasi-judicial bodies are likewise authorized to
promulgate their rules, but such rifles shall remain effective unless
disapproved by the Supreme Court.

- An action for usurpation of a public office, position, or franchise may

be commenced by a verified petition brought in the name of the
• Substantive right – a term that includes those rights, which one
Republic of the Philippines.
enjoys under the legal system prior to the disturbance of normal
relations

■ Habeas Corpus

- Except as otherwise provided by law, the writ of habeas corpus shall

extend to all cases of illegal confinement or detention by which a
person is deprived of his liberty, or by which the rightful custody of
any person is withheld from the person entitled thereto. 6. Appoint Officials and Employees
2. Appellate Jurisdiction
- The Supreme Court has the power to appoint all officials and
employees of the judiciary. However, such appointment like those
made by the other departments must be made in accordance with the
Civil Service Law.
7. Administrative Supervision over Court and Personnel
- The Supreme Court exercises administrative supervision over all
courts as well as its personnel.
ARTICLE IX (CONSTITUTIONAL COMMISSIONS)
• Constitutional commissions – are those independent bodies created
and established by the constitution to perform specific functions as
prescribed therein for the harmonious administration of the
government
- Those commissions are co-equal bodies, hence, they cannot assert
supremacy over the others
- They are created by the constitution to assure the proper
administration of democracy in the country
▲ Three Constitutional Commissions
• Civil Service Commission
• Commission on Election
• Commission on Audit
▲ Guarantees Prescribed in the Constitution for Independency
• These bodies are created by the constitution itself and may not be
abolished by mere legislation
• Each of them is expressly described in the constitution as
independent
• Each of them is conferred certain powers and functions which cannot
be withdrawn or reduced by statute
• The Chairmen and members of all this Commission may not be
removed from office except by impeachment
• All of the said commissions enjoy fiscal autonomy
• The Chairmen and members of the said Commissions are not entitled
for any reappointment or appointment in an acting capacity
• Each commission may formulate its own rules and regulations
affecting its concerns
• The salaries of the Chairmen and members are relatively high and
may not be decreased during their continuance in office
• The Chairmen and members of all these Commissions are subject to
certain disqualifications and inhibitions
• The constitutional commissions are allowed to appoint their own
officials and employees in harmony with the Civil Service Law
▲ Prohibitions and Inhibitions
• To hold any other office or employment
• To engage in the practice of any profession or in the active
management or control of any businesses which in any way may affect
the functions of their office
• To be directly or indirectly interested in any contract with or in any
franchise or privilege granted by the Government or any of its
subdivisions, agencies, or instrumentalities, including government
owned or controlled corporations or their subsidiaries
▲ The Civil Service Commission
• Civil Service Commission (CSC) – it is the central personnel
agency of the government
- 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
of the Government, including government-owned and controlled
corporations with original charters
- 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
for all levels and ranks, and to institutionalize a management climate
conducive to public accountability
- It aims to promote professionalism in public service system through
implementation of laws and regulations governing the utilization,
selection, training, promotion, advancement, and discipline of all civil
servants
- It also employs the merit system in the government services and sets
standards in relation with the effective public service for the general
welfare
1. Composition
- The Civil Service Commission is composed of 1 Chairman and 2
Commissioner
- The officials will serve their office with the term of 7 years and are
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
2. Qualifications
• Natural-born citizen
• At least 35 years old at the time of appointment
• With proven capacity for public administration
• Not a candidate in any election immediately preceding the
appointment
3. Appointments in the Civil Service
- Before a person can be employed in the government service, he must
comply first with the requirements set by the Commission
- Appointments in Civil Service are made based on merit and fitness
and be determined as far as feasible by competitive examination or the
well known civil service examination
- Positions which are technical, political, and confidential in nature are
not covered by the requirements like the civil service examination for
entry into the government service
- All public officials are however, required to take an oath of office to
uphold and defend the Constitution and republic itself before assuming
their respective offices
4. Security of Tenure
- All government employees and officials cannot be dismissed or
removed from the office they are holding without any just cause and
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
sailing administration of public service by setting standards and
grounds for disciplining a government employee or officer who is
found guilty of any violations of the same
5. Other Privileges and Prohibitions
- They can organize their own labor unions in their aspiration to
advance their interest
- They are not allowed to stage a strike as to interrupt the operations in
the government
- A civil servant who is being defeated in an election is barred from
being appointed or reappointed to any public office or position within
1 year following such election
- No effective official can be appointed in any capacity in any position
in the government during his tenure except he relinquishes his present
office
- Government employees and officials are prohibited to receive any
additional, double or indirect compensation unless the said
remunerations are mandated by law
- They are prohibited from accepting any present, position, office of
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 Election
- The busiest governmental agency during elections
- Regulates the 5 scopes of suffrage to wit: election, initiative,
referendum, recall and plebiscite.
- The purpose of this Commission is to ensure the successful conduct
of any election in the country
- Empowered to set regulations, laws, rules, and ordinances to secure
the clean holding of any election
- All decisions of the COMELEC are appealable not in the Court of
Appeals but in the Supreme Court.
1. Powers of the COMELEC
• Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and recall.
• Exercise exclusive original jurisdiction over all contests relating to
elections, returns, and qualifications of all elective regional, provincial,
and city officials
• Exclusive appellate jurisdiction over all contests involving elective
municipal officials decided RTC or involving elective barangay
officials decided by MTC.
• Decide, except those involving the right to vote, all questions
affecting elections, including determination of the number and location
of polling places, appointment of election officials and inspectors, and
registration of voters.
• Deputize, with the concurrence of the President, law enforcement
agencies and instrumentalities for exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections.
• Register, after sufficient publication, political parties, organizations,
or coalitions which must present their platform or program of
government; accredit citizens’ arms
• File upon a verified complaint or motu propio petitions in court for
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.
2. Composition
- COMELEC is composed of 7 persons as its officials who include 1
Chairman and 6 Commissioners
- The officials of COMELEC are entitled for a 7 years term without
any reappointment or appointment in an acting capacity
3. Qualifications
• Natural-born citizens
• At least 35 years of age at the time of their appointment
• At least holders of a college degree
• They must not have been candidates for any elective position in the
immediately preceding elections
• A majority of the members, including the Chairman, must be
members of the Philippine Bar who have been engaged in the practice
of law for at least 10 years
■ Practice of Law – any activity in or outside of the court which
requires the application of law, legal knowledge, training, principles,
and experience
- The reason of this requirement is that, the COMELEC performs a
quasi-judicial function in cases involving election contests under their
jurisdiction
▲ The Commission On Audit
- The primary purpose of this commission is to check all expenses or
disbursements of public funds or properties in connection with the
official function of each governmental unit
- It covers all government offices, divisions, centers, instrumentalities,
units, agencies, bureaus, and even the Government Owned and
Controlled Corporations
1. Powers and Functions of the Commission on Audit
• Examine, audit, and settle all accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds and property, owned or
held in trust by, or pertaining to the Government
• Keep the general accounts of the Government and preserve the
vouchers and other supporting papers
• Define the scope of its audit and examination, establish the
techniques and methods required therefor,
• Promulgate accounting and auditing rules and regulations, including
those for the prevention and disallowance
2. Composition
- The Commission on Audit is composed of 1 Chairman and 2
Commissioners
- The officials will serve their office with the term of 7 years and are
not eligible for reappointment and in appointment in acting capacity
3. Qualifications
• Natural-born citizens
• At least 35 years old at the time of appointment
• CPA’s with at least 10 years auditing experience or members of the
Bar with at least 10 years practice of law; at no time shall all members
belong to the same profession
• Not a candidate in election immediately preceding appointment
ARTICLE XI (ACCOUNTABILITY OF PUBLIC OFFICERS)
▲ Impeachment (Section 2 of Article XI)
• Impeachment – method of national inquest into the conduct of
public men
- Its purpose is to secure the powers of some high officials and to see
to it that their duties and functions are well taken without any grave
abuse of discretion.
- The most formidable weapon in the arsenal of democracy
- An extraordinary means of removing some high officials who violate
the grounds thereof.
- Impeachment proceedings are in a sense judicial but it has not yet
been decided if they are penal in character.
- The constitutional rights of the accused as guaranteed in the Bill of
Rights are available in these proceedings.
1. Grounds for Impeachment
• Culpable Violation of the Constitution – the wrongful, intentional,
or willful disregard of contravention of the Constitution being the
fundamental law.
• Treason
- Committed by any person who, owing allegiance to the Government
of the Philippines, not being a foreigner, levies war against the said
government or adheres to their enemies by giving them aid or comfort
within the Philippines or elsewhere.
• Bribery
- Committed by any public officer who shall agree to perform an act,
whether or not constituting a crime, or refrain from doing an act which
he is officially required to do in connection with the performance of
his official duties, in consideration of any offer, promise, gift or
present received by him personally or through the mediation of
another, or who shall accept gifts offered to him by reason of his
office.
• Graft and Corruption
- This must be understood in connection with Republic Act 3019
otherwise known as the Anti-Graft and Corrupt Practices Act
- Any violations of the said law constitute a ground for impeachment.
• Other High Crimes
- There is no exact legal and controlling definition of this item.
- The framers of this Constitution left this interpretation to the
legislature that will serve as the judges in impeachment proceedings.
- However, based on the rules on statutory construction, the existing
conditions and situations must be considered in determining the
provisions, which are found to be vague and cannot be interpreted.
• Betrayal of Public Trust
- All manner of offenses inappropriate to a public functionary but not
punishable by criminal statute, like inexcusable negligence, abuse of
powers and authority, obstruction of justice, malfeasance, misfeasance
and the like.
2. Impeachable Officers
• The President of the Republic of the Philippines
• The Vice-President
• The Chief Justice and Associate Justices of the Supreme Court
• The Officials of the Constitutional Commissions
• The Ombudsman and his Deputies
3. Impeachment Methods
• The House of Representatives has the exclusive power to initiate all
cases of impeachment
• An impeachment is instituted by written complaint known as the
Articles of Impeachment, which include the offenses and violations
charged. A verified complaint for impeachment may be filed by any
member of the said legislative chamber or by any citizen upon a
resolution or endorsement by ay member thereof.
• Impeachment proceedings shall commence with an inquiry of
impeachment resolution or with a direct resolution.
• In an inquiry of impeachment resolution, after the filing of the
verified complaint, the same shall be included in the Order of Business
of the House of Representatives within session days, and referred to
the proper Committee within three (3) session days subsequently.
• The committee concerned which has the task to the impeachment
case then holds hearings and investigation relative to the charges
• The Committee, after hearing, and by majority of vote of all its
members, shall submit its report to the House within sixty (60) session
days from such referral, together with the corresponding resolution.
The resolution shall calendared for consideration by the House within
ten (10) session days from receipt
• 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
Impeachment of the Committee concerned, or override its contrary
resolution;
• 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;
• The Articles of Impeachment is then forwarded to the Senate for a
trial that has the exclusive power to further hear, try, and decide all
cases of impeachment.
- A certain number of members of the House of Representatives shall
act as prosecutors and the full House of Senate shall be transformed
into an impeachment court, whose members shall formally take an oath
of affirmation. When the President of the Philippines is on trial, the
Chief Justice shall preside, but is not entitled to vote;
• Consequently, the Senate then votes in open session on each Article
of
Impeachment. No person shall be convicted without the concurrence of
two-thirds of all the members of thereof
• No impeachment proceedings shall be initiated against, the same
official more than once within a period of one year.
- Where the convicted official is no longer in the public service, the
only penalty available is disqualification. However, if he is still
incumbent at the time, both the penalties of removal and
disqualification may be imposed.
- The judgment of the Congress in an impeachment proceeding
naturally cannot be subject to judicial review because the Constitution
provides that they have the sole power to hear, try and decide an
impeachment case.
- However, if there is grave abuse of discretion, then the Supreme
Court can take cognizance of the case provided that it must be properly
brought before the highest tribunal.
▲ The Sandiganbayan
• Sandiganbayan – a special court created acted upon civil and
criminal cases involving graft and corrupt practices and such other
offenses committed by public officers and employees, including those
in government-owned or controlled corporations, in relation to their
office as may be determined by law.
- The Sandiganbayan is composed of a presiding justice and fourteen
(14) associate justices and has the same rank as the Court of Appeals
thus, its decisions is appealable before the Supreme Court.
■ Government officials where Sandiganbayan has jurisdiction
1. Officials executive branch occupying positions classified as
Grade 27 or higher, specifically including:
• Provincial Governors, Vice Governors, members of the Sangguniang
Panlalawigan and Provincial Treasurers, Assessors, Engineers and
other Provincial Department Heads
• City Mayors, Vice-Mayors, members of the Sangguniang
Panglungsod, City Treasurers, Assessors, Engineers and other City
Department Heads
• Officials of the diplomatic service occupying the position of consul
and higher
• Armed Forces of the Philippines officers with the rank of colonels,
naval captains, and all officers of higher rank
• Officers of the Philippine National Police while occupying the
position of Provincial Director and those holding the rank of Senior
Superintendent or higher
• City and Provincial prosecutors and their Assistants, and officials and
prosecutors in the Office of the Ombudsman and Special Prosecutor
• Presidents, directors or trustees, or managers of government-owned
controlled corporations, state universities or educational institutions o
foundations.
- The Office of Ombudsman is composed of an Ombudsman, one over-
all Deputy, and at least one Deputy each for Luzon, Visayas, and
Mindanao
- A separate Deputy for the military establishment may likewise be
appointed.
- The Ombudsman and his Deputies are appointed by the President
from a list prepared by the Judicial and Bar Council
- They shall serve their respective office with a term of seven (7) years
without reappointment and are not qualified to run for any office in the
election immediately succeeding their cessation from office.

2. Members of Congress and Officials thereof classified as Grade 3. Qualification

27 or higher • Natural-born citizen
• At least 40 years of age at the time of appointment
3. Members of the Judiciary without prejudice to the provisions of • With recognized probity and independence;
the Constitution and other laws
• Member of the Philippine Bar;
• Not a candidate for any elective position in the immediate preceding
4. All other national and local officials classified as Grade 27 or election
higher.
• A judge for ten (10) years or more or engaged in the practice of law
in the country.
▲ The Ombudsman
- The Office of the Ombudsman formerly known as the Tanodbayan is ▲ The Special Prosecutor
regarded as the Champion of the People because of its independence
- The earlier Tanodbayan as mandated by the former Constitution is
from the three branches of government.
now known as the Office of the Special Prosecutor.
- It prosecutes any offenses created by public officers in line with their
- It continues to function under the supervision of the Office of the
duties and functions.
Ombudsman.
- All transactions made by the Office of the Special Prosecutor require
1. Powers of the Ombudsman the approval and consent of the Office of the Ombudsman.
• Investigate on its own, or on complaint by any person, any act or
omission of any public official, employee, office or agency, when such
act or omission appears to be illegal, unjust, improper or inefficient
• Direct, upon complaint or at its own instance, any public official or
employee of the government, to perform and expedite any act or duty
required by law or to stop or prevent and correct any abuse or
impropriety in the performance of duties;
• Direct the officer concerned to take appropriate action against a
public official or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith
• Direct the officer concerned, in any appropriate case, and subject to
such limitations as may be provided by law, to furnish him with copies
of documents relating to contracts or transactions entered into by his
office involving the disbursement or use of public funds or properties,
and report any irregularity to the Commission on Audit for appropriate
action
• Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents
• Publicize matters covered by its investigation when circumstances so
warrant and with due prudence
• Determine the causes of inefficiency, red tape, mismanagement,
fraud, and corruption in the government, and formulate
recommendations for their elimination and the observance of high
standards of ethics and efficiency
• Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.

2. Composition