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BRANCHES OF THE

GOVERNMENT
Legal Research

EXECUTIVE BRANCH
Article VII, Section 1, of the 1987 Constitution vests
executive power onthe President of the
Philippines.The President is the Head of
StateandHead of Government, and functions as the
commander-in-chief of the Armed Forces of the
Philippines. As chief executive, the President exercises
control over all the executive departments, bureaus,
and offices.

PRESIDENT

Article VII, Section 1, of the 1987 Constitution vests


executive power to the President of the Philippines,
who functions as the head of state, head of
government, and commander-in-chief of the Armed
Forces of the Philippines. As chief executive, the
President of the Philippines exercises control over all
the executive departments, bureaus, and offices.

POWERS OF THE PRESIDENT


1. Power of control over the executive
2. Power ordinance power
3. Power over aliens
4. Powers of eminent domain, escheat,
and recovery of ill- gotten wealth

branch

land reservation

VICE PRESIDENT
The Vice President of the Philippines is elected by direct vote by
the people for a term of six years, and may run for reelection
once. The term of the Vice President of the Philippines starts at
noon of the 30th day of June after an election is held.
DUTIES OF THE VICE PRESIDENT
According to the constitution, the vice president may
concurrently assume a cabinet position should the President of
the Philippines offer the former one. The vice president will
become a secretary concurrent to the position of vice
president.

Aside from the cabinet post, the vice president is mandated to


assume the presidency in case of the death, disability, or
resignation of the incumbent President.

CABINETS
FUNCTIONS OF A CABINET SECRETARY
act as the alter ego of the President
executing, with his authority, the power of
the Office of the President in their
respective departments.

Departments in the Cabinet

Department
Department
Department
Department
Department
Department
Department
Department
Department
Department
Department

of
of
of
of
of
of
of
of
of
of
of

Agrarian Reform
Agriculture
Budget and Management
Education
Energy
Environment and Natural Resources
Finance
Foreign Affairs
Health
Justice
Labor and Employment

Departments in the Cabinet

Department of National Defense


Department of Public Works and Highways
Department of Science and Technology
Department of Social Welfare and Development
Department of the Interior and Local Government
Department of Trade and Industry
Department of Transportation and Communications
Department of Tourism
Commission on Higher Education
National Economic and Development Authority

LOCAL GOVERNMENTS
As stipulated in Section 17 of the Local Government Code, are the ff:

facilities and research services for agriculture and fishery activities, which
include seedling nurseries, demonstration farms, and irrigation systems;
health services, which include access to primary health care, maternal and
child care, and medicines, medical supplies and equipment;
social welfare services, which include programs and projects for women,
children, elderly, and persons with disabilities, as well as vagrants, beggars,
street children, juvenile delinquents, and victims of drug abuse;
information services, which include job placement information systems and a
public library;
a solid waste disposal system or environmental management system;
municipal/city/provincial buildings, cultural centers, public parks,
playgrounds, and sports facilities and equipment;
infrastructure facilities such as roads, bridges, school buildings, health clinics,
fish ports, water supply systems, seawalls, dikes, drainage and sewerage, and
traffic signals and road signs;
public markets, slaughterhouses, and other local enterprises;
public cemetery;
tourism facilities and other tourist attractions; and
sites for police and fire stations and substations and municipal jail.

Provincial Governors
Powers and Duties of a Governor

Exercise general supervision and control over all programs,


projects, services, and activities of the provincial government:

Enforce all laws and ordinances, and implement all approved


policies, programs, projects, services and activities of the province:

Initiate and maximize the generation of resources and revenues, to


be used for the implementation of development plans, program
objectives and priorities:

Ensure the delivery of basic services and the provision of adequate


facilities as provided for under Section 17 of the Local Government
Code.

Municipal and City Mayors

Powers and Duties of Municipal and City Mayors:

Exercise general supervision and control over all programs, projects,


services, and activities of the municipal or city government:

Enforce all laws and ordinances, and implement all approved policies,
programs, projects, services and activities of the municipality or city:

Initiate and maximize the generation of resources and revenues, to be


used for the implementation of development plans, program
objectives and priorities:

Ensure the delivery of basic services and the provision of adequate


facilities as provided for under Section 17 of the Local Government
Code.

Punong Barangay
Powers and functions of a Punong Barangay

enforce all laws and ordinances which are applicable within the
barangay;
Negotiate, enter into, and sign contracts for and in behalf of the
barangay, upon authorization of the Sangguniang Barangay;
maintain public order in the barangay
call and preside over the sessions of the Sangguniang Barangay and the
Barangay Assembly
appoint or replace the barangay treasurer, the barangay secretary, and
other appointive barangay officials;
organize and lead an emergency group for the maintenance of peace
and order or on occasions of emergency or calamity within the barangay;

prepare the annual executive and supplemental budgets of the


barangay, in coordination with the Barangay Development Council
approve vouchers relating to the disbursement of barangay funds.

LEGISLATIVE
BRANCH
According to the 1987 Constitution, legislative power shall be
vested in the Congress of the Philippines, which shall consist of a
Senate and a House of Representatives.
The Senate shall be composed of twenty-four Senators who shall
be elected at large by the qualified voters of the Philippines, as
may be provided by law; the House of Representatives shall be
composed of not more than 250 (unless otherwise fixed by law),
20 percent of whom must be Party-list representatives.

National Legislature

The Senate is composed of 24 senatorshalf of which are elected every three years. Each
senator, therefore, serves a total of six years. The senators are elected by the whole
electorate and do not represent any geographical district.

The House of Representatives is composed of a maximum of 250 congressmen. There


are two types of congressmen: the district and the sectoral representatives. The district
congressmen represent a particular geographical district of the country. Allprovincesin
the country are composed of at least one congressional district. Severalcitiesalso have
their own congressional districts, with some composed of two or more representatives.

The sectoral congressmen represent the minority sectors of the population. This
enables these minority groups to be represented in the Congress, when they would
otherwise not be represented properly through district representation. Also known as
party-list representatives, sectoral congressmen represent labor unions, rights groups, and
other organizations.

Senate Officers
Senate President
Under Section 3 of Rule III of the Rules of the Senate, the Senate President is the Chief
Executive of the Senate. His duties and powers are as follows:

(a) To preside over the sessions of the Senate on the days and at the hours
designated by it; to call the Senate to order and, if there is a quorum, to order
the reading of the Journal of the preceding session and, after the Senate shall
have acted upon it, to dispose of the matters appearing in the Order of Business
in accordance with the Rules;
(b) To decide all points of order;
(c) To sign all measures, memorials, joint and concurrent resolutions; issue
warrants, orders of arrest, subpoena and subpoena duces tecum;
(d) To see to it that all resolutions of the Senate are complied with;
(e) To have general control over the session hall, the antechambers, corridors and
offices of the Senate;

Senate Officers
Senate President
(f) To maintain order in the session hall, the antechambers, corridors
and in the offices of the Senate, and whenever there is disorder, to
take appropriate measures to quell it;
(g) To designate an Acting Sergeant-at-Arms, if the Sergeant-at-Arms
resigns, is replaced or becomes incapacitated;
(h) To appoint the subordinate personnel of the Senate in conformity
with the provisions of the General Appropriations Act;
(i) To dismiss any employee for cause, which dismissal in the case of
permanent and classified employees shall be in conformity with the
Civil Service Law; and
(j) To diminish or increase the number of authorized personnel by
consolidating or separating positions or items whenever the
General Appropriations Act so authorizes and the total amount of
salaries or allocations does not exceed the amount earmarked
therein.

Senate Officers
Senate President Pro Tempore
Like the President of the Senate, the Senate President Pro
Tempore is also elected by the members of the Senate. for
sometime in the past Senates, senior members of the
majority party are often elected as Senate President Pro
Tempore. Under Section 4 of Rule IV of the Rules of the
Senate, the President Pro Tempore shall discharge the
powers and duties of the President in the following cases:

(a) When the President is absent for one or more days;


(b) When the President is temporarily incapacitated; and
(c) In the event of the resignation, removal, death or
absolute incapacity of the President.

Senate Officers
The Majority Leader

In the modern Senate, the second in command is the majority leader, whose primary responsibility is to
manage the legislative affairs of the chamber. While nothing in the Rules of the Senate expressly states the
powers of the Majority Leader, to a great extent, he is very influential in the passage of bills. As the traditional
Chairman of the Committee on Rules, the Majority Leader helps formulate, promote, negotiate and defend the
majoritys legislative program, particularly on the floor.

The Minority Leader

The minority group chooses from among themselves the Minority Leader who is considered as the titular head
of the minority in the Senate and oftentimes called a shadow president.

In many past rigodons of the Senate or the so-called Senate coups, sometimes the minority leader becomes
the President and the ousted President becomes the minority leader.

The basic duties of the Minority Leader is that he becomes the spokesman for his party or group or coalition
and enunciates its policies. He is expected to be alert and vigilant in defense of the minoritys rights. It is his
function and duty to criticize constructively the policies and programs of the majority, and to this end employ
parliamentary tactics and give close attention to all proposed legislation.

The Rules of the Senate gives the President Pro Tempore and the Majority and Minority Leaders unique
privileges as all are ex-officio members of all the permanent committees of the Senate.

Senate Committees

Committee
Committee
Committee
Currencies
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee

on Accountability of Public Officers and Investigations


on Accounts, Committee on Agrarian Reform
on Agriculture and Food, Committee on Banks, Financial Institutions and
on
on
on
on
on
on
on
on

Civil Service and Government Reorganization


Constitutional Amendments, Revision of Codes and Laws
Cooperatives, Committee on Cultural Communities
Economic Affairs, Committee on Education, Arts and Culture
Energy, Committee on Environment and Natural Resources
Ethics and Privileges, Committee on Finance
Foreign Relations, Committee on Games, Amusement and Sports
Government Corporations and Public Enterprises

Senate Committees

Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee

on
on
on
on
on
on
on
on
on
on
on
on
on
on
on
on

Health and Demography


Justice and Human Rights
Labor, Employment and Human Resources Development
Local Government
National Defense and Security
Peace, Unification and Reconciliation
Public Information and Mass Media
Public Order and Illegal Drugs
Public Services
Public Works
Science and Technology
Social Justice, Welfare and Rural Development
Tourism
Trade and Commerce
Urban Planning, Housing and Resettlement
Ways and Means, Committee on Youth, Women and Family Relations.

House of Representative Officers


THE SPEAKER, in the hierarchical order of political
leadership, is the fourth highest official in the Philippine
government. He presides over the session; decides on all
questions of order, subject to appeal by any member; signs
all acts, resolutions, memorials, writs, warrants and
subpoenas issued by or upon order of the House; appoints,
suspends, dismisses or disciplines House personnel; and
exercise administrative functions.
TheDeputy Speakersof the Philippine House of
Representatives are the second highest-ranking officials of
the Philippine House of Representatives. During the absence
of the House Speaker, one of the House Deputy Speakers
will preside over the House of Representatives.

House of Representative Officers


The Majority Leader is elected in a party caucus of the majority ruling
party. His primary function, aside from being the spokesman of the
majority party, is to direct the deliberations on the floor.
In the present set-up of the House, the Majority Leader is concurrently
the Chairman of the Committee on Rules. As such, all matters relevant
to the Rules of the House, specifically the calendar of bills, preparation
of Order of Business and Calendar of Business are within his
responsibilities.
The Minority Leader is the acknowledged spokesman of the minority
party in the House. But it does not necessarily follow that he is also the
leader of the party because the minority party in the House may be
composed of one or more political groupings.
Like the Majority Leader, the Minority Leader is elected in party caucus
of all Members of the House in the minority party. He is an ex-officio
member of all standing Committees.

House of Representative Officers


THE SECRETARY-GENERALcarries out and enforces orders and
decisions of the House; keeps the Journal of each session; notes all
questions of order together with the decisions thereon; complete
the printing and distribution of the Records of the House and
submits to the Speaker all contracts and agreements approval;
acts as the custodian of the property and records of the House and
all other government property in its premises. Subject to the
supervision control of the Speaker, the Secretary General is the
immediate chief of the personnel of the House and is responsible
for the faithful and proper p
THE SERGEANT-AT-ARMSis responsible for the maintenance of
order in the House of Representatives Building Complex,
enforcement of House Rules, and protection of the lives of the
Officers and Members of the House, its personnel and guests as
well as properties found therein.erformance of their official duties.

Powers of Congress

To enact laws, including appropriation and taxation measures.


To conduct legislative investigations.
To request heads of department to appear before it.
To act as Board of Canvassers for the presidential elections.
To call for special elections for the presidency and the vice presidency.
To declare the existence of a state of war and delegate emergency powers.
To revoke or extend the privilege of thehabeas corpusor the declaration of martial law.
To concur in the presidential power to grant amnesty.
To confirm certain appointments made by the President.
To concur in treaties and international agreements.
To decide on the Presidents ability to discharge the duties of his office when majority of
the Cabinet members dispute his declaration that no inability exists.
To impeach the President, the Vice President, members of the Supreme Court, members of
the constitutional commissions and the Ombudsman.
To allow utilization of natural resources.
To propose amendments to the Constitution.

Legislative Process
Congress is responsible for making enabling laws to make sure the spirit of the constitution is
upheld in the country and, at times, amend or change the constitution itself. In order to
craft laws, the legislative body comes out with two main documents: bills and resolutions.
Resolutionsconvey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different elements:
joint resolutions require the approval of both chambers of Congress and the signature
of the President, and have the force and effect of a law if approved.
concurrent resolutions used for matters affecting the operations of both chambers of
Congress and must be approved in the same form by both houses, but are not transmitted
to the President for his signature and therefore have no force and effect of a law.
simple resolutions deal with matters entirely within the prerogative of one chamber
of Congress, are not referred to the President for his signature, and therefore have no
force and effect of a law.

Legislative Process
Billsare laws in the making. They pass into law when they are approved by both
houses and the President of the Philippines. A bill may be vetoed by the President,
but the House of Representatives may overturn a presidential veto by garnering a
2/3rds vote. If the President does not act on a proposed law submitted by Congress, it
will lapse into law after 30 days of receipt.

Steps in the Passage of a Bill


1.First Reading- Any member of either house may present a proposed bill, signed by him,
for First Reading and reference to the proper committee. During the First Reading, the
principal author of the bill may propose the inclusion of additional authors thereof.
2.Referral to Appropriate Committee- Immediately after the First Reading, the bill is
referred to the proper committee or committees for study and consideration. If
disapproved in the committee, the bill dies a natural death unless the House decides other
wise, following the submission of the report.
3.Second Reading- If the committee reports the bill favorably, the bills is forwarded to the
Committee on Rules so that it may be calendared for deliberation on Second Reading. At
this stage, the bill is read for the second time in its entirely, together with the
amendments, if any, proposed by the committee, unless the reading is dispensed with by
a majority vote of the House.

Steps in the Passage of a Bill


4. Debates- A general debate is then opened after the Second Reading and
amendments may be proposed by any member of Congress. The insertion of changes
or amendments shall be done in accordance with the rules of either House. The
House may either "kill" or pass the bill.
5.Printing and Distribution- After approval of the bill on Second Reading, the bills is
then ordered printed in its final form and copies of it are distributed among the
members of the House three days before its passage, except when the bill was
certified by the President. A bill approved on Second Reading shall be included in the
calendar of bills for Third Reading.
6.Third Reading- At this stage, only the title of the bill is read. Upon the last reading
of a bill, no amendment thereto is allowed and the vote thereon is taken immediately
thereafter, and yeas and nays entered in the journal. A member may abstain. As a
rule, a majority of the members constituting a quorum is sufficient to pass a bill.

Steps in the Passage of a Bill


7.Referral to the Other House- If approved, the bill is then referred to the other House
where substantially the same procedure takes place.
8.Submission to Joint Bicameral Committee- Differences, if any, between the House's
bill and the Senate's amended version, and vice versa are submitted to a conference
committee of members of both Houses for compromise. If either House accepts the
changes made by the other, no compromise is necessary.
9.Submission to the President- A bill approved on Third Reading by both Houses shall be
printed and forthwith transmitted to the President for his action - approval or disapproval.
If the President does not communicate his veto of any bill to the House where it originated
within 30 days from receipt thereof, it shall become a law as if he signed it. Bill repassed
by Congress over the veto of the President automatically becomes a law.

How a Bill becomes a Law?


PREPARATION OF THE BILL
o
The Member or the Bill Drafting Division of the Reference and Research Bureau
prepares and drafts
the bill upon the Member's request.
FIRST READING
The bill is filed with the Bills and Index Service and the same is numbered and
reproduced.
Three days after its filing, the same is included in the Order of Business for First
Reading.
On First Reading, the Secretary General reads the title and number of the bill. The
Speaker refers the bill to the appropriate Committee/s.

How a Bill becomes a Law?


COMMITTEE CONSIDERATION/ACTION
The Committee where the bill was referred to evaluates it to determine the
necessity of conducting public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the
time thereof, issues public notics and invites resource persons from the public
and private sectors, the academe and experts on the proposed legislation.
If the Committee finds that no public hearing is not needed, it schedules the bill
for Committee discussion/s.
Based on the result of the public hearings or Committee discussions, the
Committee may introduce amendments, consolidate bills on the same subject
matter, or propose a subsitute bill. It then prepares the corresponding committee
report.
The Committee approves the Committee Report and formally transmits the same
to the Plenary Affairs Bureau.

How a Bill becomes a Law?


SECOND READING

The Committee Report is registered and numbered by the Bills andIndex


Service. It is included in the Order of Business and referred to theCommittee on
Rules.

The Committee on Rules schedules the bill for consideration on Second


Reading.

On Second Reading, the Secretary General reads the number, title and text
of the bill and the following takes place:
Period of Sponsorship and Debate
Period of Amendments
Voting which may be by:
(1) viva voce (2)count by tellers (3)division of the House; or
(4)nominal voting

How a Bill becomes a Law?


THIRD READING
The amendments, if any, are engrossed and printed copies of the bill are
reproduced for Third Reading.
The engrossed bill is included in the Calendar of Bills for Third Reading and
copies of the same are distributed to all the Members three days before its Third
Reading.
On Third Reading, the Secretary General reads only the number and title of the
bill.
A roll call or nominal voting is called and a Member, if he desires, is given three
minutes to explain his vote. No amendment on the bill is allowed at this stage.
The bill is approved by an affirmative vote of a majority of the Members
present.
If the bill is disapproved, the same is transmitted to the Archives.

How a Bill becomes a Law?


TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
o The approved bill is transmitted to the Senate for its concurrence.
SENATE ACTION ON APPROVED BILL OF THE HOUSE
o The bill undergoes the same legislative process in the Senate.
CONFERENCE COMMITTEE
A Conference Committee is constituted and is composed of Members from each
House of Congress to settle, reconcile or thresh out differences or disagreements
on any provision of the bill.
The conferees are not limited to reconciling the differences in the bill but may
introduce new provisions germane to the subject matter or may report out an
entirely new bill on the subject.
The Conference Committee prepares a report to be signed by all the conferees
and the Chairman.
The Conference Committee Report is submitted for consideration/approval of both
Houses. No amendment is allowed.

How a Bill becomes a Law?


TRANSMITTAL OF THE BILL TO THE PRESIDENT
Copies of the bill, signed by the Senate President and the Speaker of the House of
Representatives and certified by both the Secretary of the Senate and the Secretary
General of the House, are transmitted to the President.
PRESIDENTIAL ACTION ON THE BILL
If the bill is approved the President, the same is assigned an RA number and
transmitted to the House where it originated.
If the bill is vetoed, the same, together with a message citing the reason for the veto, is
transmitted to the House where the bill originated.
ACTION ON APPROVED BILL
The bill is reproduced and copies are sent to the Official Gasette Office for publication and
distribution to the implementing agencies. It is then included in the annual compilation of
Acts and Resolutions.
ACTION ON VETOED BILL
The message is included in the Order of Business. If the Congress decides to override the
veto, the House and the Senate shall proceed separately to reconsider the bill or the
vetoed items of the bill. If the bill or its vetoed items is passed by a vote of two-thirds of
the Members of each House, such bill or items shall become a law.

JUDICIARY
BRANCH
The Constitution of the Philippines ordains that judicial power shall
be vested in one Supreme Court and such lower courts as may be
established by law.
[Section 1, Art. VIII, 1987 Constitution).

The Law
Under Philippine laws [Judiciary
Reorganization Act of 1980 (Batas
Pambansa Bilang 129) which took effect on
January 18, 1983 and other laws] the
Philippine judicial system consists of the
following courts:

The Highest Court


Supreme Court

The Supreme Court is the highest Court in the


Philippines. There is only one Supreme Court
composed of one Chief Justice and fourteen
Associate Justices. It is the final arbiter of any
and all judicial issues. When so deciding, it
may siten bancor in divisions of three, five or
seven members.

Functions of the Supreme Court


The administrative functions of the Court pertain to the supervision and
control over the Philippine judiciary and its employees, as well as over members
of the Philippine bar. Pursuant to these functions, the Court is empowered to order
a change of venue of trial in order to avoid a miscarriage of justice and to appoint
all officials and employees of the judiciary.]The Court is further authorized to
promulgate the rules for admission to the practice of law, for legal assistance to
the underprivileged, and the procedural rules to be observed in all courts.
The more prominent role of the Court is located in the exercise of its judicial
functions. Section 1 of Article VIII contains definition of judicial power that had not
been found in previous constitutions. The judicial power is vested in one Supreme
Court and in such lower courts as may be established by law.[13]This judicial
power is exercised through the judiciarys primary role of adjudication, which
includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether
or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the government.[14]

Court of Appeals, Sandiganbayan,


Court of Tax Appeals
Court of Appeals

The Court of Appeals, composed of one Presiding Justice and sixty eight Associate
Justices is vested with jurisdiction over appeals from the decisions of the Regional
Trial Courts and certain quasi-judicial agencies, boards or commissions
Sandiganbayan

A special court, the Sandiganbayan, composed of a Presiding Justice and eight Associate
Justices, has exclusive jurisdiction over violations of the Anti-Graft and Corrupt Practices
Act [Republic Act No. 3019], the Unexplained Wealth Act [Republic Act No. 1379] and
other crimes or felonies committed by public officials and employees in relation to their
office, including those employees in government-owned or controlled corporations.
Court of Tax Appeals

A special court, the Court of Tax Appeals, composed of a Presiding Judge and two
Associate Judges, is vested with the exclusive appellate jurisdiction over appeals from
the decisions of the Commissioner of Internal Revenue and the Commissioner of
Customs on certain specific issues.

Functions of the
Court of Appeals
``1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and
quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial
Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission,
including the Securities and Exchange Commission, the Social Security Commission, the
Employees Compensation Commission and the Civil Service Commission, Except those falling
within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the
Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of
this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth
paragraph of Section 17 of the Judiciary Act of 1948.

Functions of the
Sandiganbayan

The Office of the Ombudsman shall have the following powers, functions and duties

Investigate and prosecute on its own or on complaint by any person, any act or omission of any
public officer or 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 officer or employee of the Government, or of any
subdivision, agency or instrumentality thereof, as well as any government-owned or controlled
corporations with original charter, to perform and expedite any act or duty required by law, or to
stop, prevent, and correct any abuse or impropriety in the performance of duties.

Direct the officer concerned to take appropriate action against a public officer or employee at fault or
who neglects to perform an act or discharge a duty required by law, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its
disciplinary authority as provided in Section 21 or this Act: Provided, That the refusal by any officer
without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine,
censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or
discharge a duty required by law shall be ground for disciplinary action against said officer.

Direct the officer concerned, in any appropriate case, and subject to such limitations as it may
provide in its rules of procedure, to furnish it 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

Functions of the
Sandiganbayan

Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and
(4) hereof, when circumstances so warrant and with due determine what cases may not be made
public: Provided further, That any publicity issued by the Ombudsman shall be balanced, fair, and
true.

Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high standards of
ethics and efficiency.

Administer oaths, issuesubpoenaand subpoenaduces tecum, and take testimony in any investigation
or inquiry, including the power to examine and have access to bank accounts and records.

Punish for contempt in accordance with the Rules of Court and under the same procedure and with the
same penalties provided therein.
Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure
the effective exercise of performance of the powers, functions, and duties herein or hereinafter
provided.

Investigate and initiate the proper action forthe recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the prosecution of the parties involved therein.

Promulgate its rules of procedure and exercise such other powers or perform such functions or duties
as may be provided by law.

Functions of the
Court of Tax Appeals
The Court of Tax Appeals shall exercise exclusive appellate jurisdiction to
review by appeal, as herein provided.
(1) Decisions of the Collector of Internal Revenue in cases involving
disputed assessments, refunds of internal revenue taxes, fees or other
charges, penalties imposed in relation thereto, or other matters arising
under the National Internal Revenue Code or other law or part of law
administered by the Bureau of Internal Revenue;
(2) Decisions of the Commissioner of Customs in cases involving liability for
customs duties, fees or other money charges; seizure, detention or
release of property affected fines, forfeitures or other penalties imposed
in relation thereto; or other matters arising under the Customs Law or
other law or part of law administered by the Bureau of Customs; and
(3) Decisions of provincial or city Boards of Assessment Appeals in cases
involving the assessment and taxation of real property or other matters
arising under the Assessment Law, including rules and regulations relative
thereto.

Lower Courts
Regional Trial Courts

Regional Trial Courts were established among the thirteen regions in the
Philippines consisting of Regions I to XII and the National Capital Region
(NCR). There are as many Regional Trial Courts in each region as the law
mandates.

Shari'a Courts

Equivalent to the Regional Trial Courts in rank are the Shari'a District
Courts which were established in certain specified provinces in Mindanao
where the Muslim Code on Personal Laws is being enforced.

Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit
Courts which were established in certain municipalities in Mindanao.

There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in
existence.

Lower Courts

Municipal Trial Courts and Municipal Circuit Trial Courts

Every municipality in the Philippines has its own Municipal Trial Court. It
is referred to as such if it covers only one municipality; otherwise, it is
called Municipal Circuit Trial Court if it covers two or more
municipalities.

Metropolitan Trial Courts and Municipal Trial Courts in Cities

Municipal Trial Courts in the towns and cities in the Metropolitan Manila
area, as distinguished from the other political subdivisions in the
Philippines, are referred to as Metropolitan Trial Courts.

In cities outside Metropolitan Manila, the equivalent of the Municipal Trial


Courts are referred to as Municipal Trial Courts in Cities.

CONSTITUTIONAL
COMMISSION
Book II, Chapter 5 of the Administrative Code of 1987 states
that the Constitutional Commissions enumerated in the
Constitution are independent and enjoy fiscal autonomy.

CONSTITUTION
CONSTITUTIONAL COMMISSIONS
COMMON PROVISIONS
The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
No member of a Constitutional Commission shall, during his
tenure, hold any other office or employment. Neither shall
he engage in the practice of any profession or in the active
management or control of any business which, in any way,
may be affected by the functions of his office, nor shall he
be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled
corporations or their subsidiaries.
The salary of the Chairman and the Commissioners shall be
fixed by law and shall not be decreased during their tenure.

CONSTITUTION
CONSTITUTIONAL COMMISSIONS
COMMON PROVISIONS
The Constitutional Commissions shall appoint their officials and employees in
accordance with law.
The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.
Each Commission en banc may promulgate its own rules concerning pleadings
and practice before it or before any of its offices. Such rules, however, shall
not diminish, increase, or modify substantive rights.
Each Commission shall decide by a majority vote of all its Members, any case
or matter brought before it within sixty days from the date of its submission
for decision or resolution. A case or matter is deemed submitted for decision
or resolution upon the filing of the last pleading, brief, or memorandum
required by the rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision, order, or
ruling of each Commission may be brought to the Supreme Court on certiorari
by the aggrieved party within thirty days from receipt of a copy thereof.
Each Commission shall perform such other functions as may be provided by
law.

Constitutional
Constitutional Commission
Commission

Commission
Commission on
on
Human
Rights
Human Rights

Commission
Commission on
on
Audit
Audit

Commission
Commission on
on
Election
Election

Civil
Civil Service
Service
Commission
Commission

Civil Service Commission


The Civil Service Commission (CSC) is the central personnel agency of
the Philippine government. One of the three independent
constitutional commissions with adjudicative responsibility in the
national government structure, it is also tasked to render final
arbitration on disputes and personnel actions on Civil Service matters.
RESPONSIBILITY
Recruitment, building, maintenance and retention of a competent,
professional and highly motivated government workforce truly
responsive to the needs of the government's client - the public.
SPECIFIC FUNCTIONS
leading and initiating the professionalization of the civil service;
promoting public accountability in government service;
adopting performance-based tenure in government; and
implementing the integrated rewards and incentives program for
government employees.

Commission on Elections
The COMELEC is the principal government agency tasked by the
Constitution to enforce and administer all laws and regulations
concerning the conduct of regular and special elections.
It is a body that is designed to be constitutionally independent from the
executive, legislative and judicial branches of government to ensure
the conduct of free, fair and honest elections. As an added measure,
the constitution also grants fiscal autonomy to enable the COMELEC to
operate effectively, efficiently and free from political interference.
The constitution mandates that "funds certified by the Commission as
necessary to defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and recalls, will be provided
in the regular or special appropriations and, once approved, will be
released automatically upon certification by the Chairman of the
Commission."

Powers and Functions (COMELEC)


1.

The enlarged Commission on Elections was designed to cope with its expanded
powers and functions provided for under the constitution and existing laws. The
Commission performs the following specific powers and functions:

2.

Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.

3.

Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials decided
by trial courts of general jurisdiction, or involving elective barangay officials decided
by trial courts of limited jurisdiction.

4.

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, registration of voters.

5.

Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections

Powers and Functions (COMELEC)


6. Register, after sufficient publication, political parties, organizations, or coalitions
which, in addition to other requirements, must present their platform or program
of government; and accredited citizens arms of the Commission on Elections.
7. File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion or exclusion of voters; investigate and, where appropriate, prosecute
cases of violations of election laws, including acts or omissions constituting
elections frauds, offences, and malpractices.
8. Recommend to the Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offences, malpractices, and
nuisance candidates.
9. Recommend to the President the removal of any officer or employee it has
deputized, or the imposition of any other disciplinary action, for violation or
disregard of, or disobedience to its directive, order, or decision.
10. Submit to the President and the Congress a comprehensive report on the
conduct of each election, plebiscite, initiative referendum, or recall.

Commission on Audit
TheCommission on Audit, abbreviated asCOA(Filipino
:Komisyon ng Pagsusuri), is an independent constitutional
commission established by theConstitution of the Philippines. It
has the primary function to examine, audit and settle all
accounts and expenditures of the funds and properties of the
Philippine government.
The Commission has thepower,authorityandduty to
examine,auditandsettle all accountsandexpenditures of
the funds andproperties of the Philippine government.
Towards that end, it has the exclusive authority to define the
scope, techniques and methods of its auditing and examination
procedures. It also may prevent and disallow irregular,
unnecessary, excessive, extravagant or unconscionable
expenditures, or uses of government funds and properties.

Commission on Human Rights


As an independent national human rights
institution, the Commission on Human Rights
is committed to ensure the primacy of all
human rights to their protection, promotion
and fulfillment, on the basis of equality and
non-discrimination, in particular for those
who are marginalized and vulnerable.

ROLES AND COMMITMENTS


(CHR)
IN RELATION TO CIVIL SOCIETY (NGOs, Academe, other HR
Organizations, General Public and Vulnerable Groups)
Mobilizer, coordinator and/or contributor of resources for
research and implementation programs on human rights.
Synchronizer of HR programs to include those of the civil society
thereby enhancing complementation, sharing and mutual
reinforcement.
Collaborator/Partner in HR program design and implementation.
Advisor and Provider of human rights standards.
Trainor of trainors for sustained promotion and advocacy
program.
Moulder and Educator of the general public particularly the
vulnerable groups on human rights norms, standards and
practices.

ROLES AND COMMITMENTS


(CHR)
IN RELATION TO HR VICTIMS
Mobilizer of civil society, protection services providers and provision of
protection standards and guidelines.
Provider of technical assistance to civil society service providers in improving
their capacity to render protection services such as legal, investigation and
financial assistance.
Provider of financial assistance (when able) to civil society groups in their
transactional protection activities.
Provider of public information on human rights services and service provider to
improve access particularly by vulnerable groups as well as monitor of nondiscriminatory access of vulnerable groups to basic services.
Provider of direct assistance to victims of human rights violation.
IN RELATION TO GOVERNMENT
External advisor and "prescriber" of human rights protection standards
Independent monitor, evaluator and position advocate on human rights in
relation to proposed and existing national/ local laws and legislations, and
government policies, programs, actions and performance.

ROLES AND COMMITMENTS


(CHR)
IN RELATION TO CIVIL SOCIETY (NGOs, Academe, other HR Organizations,
General Public and Vulnerable Groups)
Mobilizer, coordinator and/or contributor of resources for research and
implementation programs on human rights.
Synchronizer of HR programs to include those of the civil society thereby
enhancing complementation, sharing and mutual reinforcement.
Collaborator/Partner in HR program design and implementation.
Advisor and Provider of human rights standards.
Trainor of trainors for sustained promotion and advocacy program.
Moulder and Educator of the general public particularly the vulnerable groups on
human rights norms, standards and practices.

ROLES AND COMMITMENTS


(CHR)
IN RELATION TO HR VICTIMS
Mobilizer of civil society, protection services providers and
provision of protection standards and guidelines.
Provider of technical assistance to civil society service
providers in improving their capacity to render protection
services such as legal, investigation and financial assistance.
Provider of financial assistance (when able) to civil society
groups in their transactional protection activities.
Provider of public information on human rights services and
service provider to improve access particularly by vulnerable
groups as well as monitor of non-discriminatory access of
vulnerable groups to basic services.
Provider of direct assistance to victims of human rights
violation.

GROUP 3
Binuya, Gilbert
Calura, Mary Claire
Licup, Djoone
Magundayao, Khay Ann
Mallare, Manuel