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Political Science (FINALS)
ARTICLE VI – LEGISLATIVE DEPARTMENT
Section 1: The Legislative power shall be vested in
the congress of the Philippines which shall consist of
a senate and the House of Representative except to
the extent reserved to the people by the provision
on initiative and referendum.
Bicameral Legislative – double chamber body
Unicameral Legislative – Single chamber body
Senate – Upper House
House of Representative – Lower House
*Advantages of Bicameralism*
1. A second chamber (Senate) is necessary to serve
as a check to hasty and ill – considered legislation;
2. Its serves as a training ground for future leaders;
3. Its provides a representation for both regional
and national interests;
4. A Bicameral legislature is a less susceptible to
bribery and control of big interests;
5. It is a traditional form of legislative body dating
from ancient times; as such; it has been tested and
proven in the crucible of human experience.
CLASSIFICATION OF THE POWERS OF THE CONGRESS
(1) General Legislative Power – the power to
enact laws intended as a rules of conduct
to govern the relations among individuals or
between the individuals and the state.
(2) Specific Powers – powers which the
constitution expressly directs or authorizes
congress to exercise like the power to
choose who shall become the President in
case two or more candidates have an
equal and highest number of votes.
(3) Implied Powers – They are those essential or
necessary to the effective exercise of the
powers expressly granted, like the power,
like the power to conduct inquiry and
investigation in aid of legislation, to punish
for contempt and to determine the rules of
its proceedings.
(4) Inherent powers – the powers which are
possessed and can be exercised by any
government because they exist as an
attribute of sovereignty.
Section 2: The Senate shall be composed of
twenty-four (24) Senators who shall be elected
at large by the qualified voters of the
Philippines, as may be provided by the law.
Section 3: No person shall be a Senator unless
he is a natural born citizen of the Philippines,
and, on the day of the election, is at least thirty-
five (35) years of age, able to read and write, a
registered voter, and a resident of the
Philippines for not less than two years
immediately preceding the day of election.
Section 4: The term of office of the Senators shall
be six years and shall commence, unless
otherwise provided by the law, at noon on the
thirtieth (30th) day of June next following their
election.
No Senators shall serve for more than two
consecutive terms. Voluntary renunciation of
the office for any length of time shall not be
considered as an interruption in the continuity of
his service for the full term for which he was
elected.
QUALIFICATIONS OF SENATORS
1. Natural – born citizen of the Philippines.
2. At least 35 years of age on the day of
election.
3. Able to read and write.
4. Registered voter.
5. Resident of the Philippines for not less than 2
years immediately preceding the day of the
election.
Section 5.1: the House of Representatives shall
be composed of not more than two hundred
and fifty (250) members, unless otherwise fixed
by law, who shall be elected from legislative
districts apportioned among the provinces,
cities, and the Metropolitan Manila area in
accordance with the number of their respective
inhabitants, and on the basis of the uniform and
progressive ratio, and those who, as provided
by law shall be elected through a party-list
system of registered national, regional and
sectoral parties of organizations.
(2) The party-list representatives shall constitute
twenty per centum of the total number of
representatives including those under the party
list. For three consecutive terms after the
ratification of this Constitution, one-half of the
seats allocated to party list representatives shall
be filled, as provided by law, by selection from
the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such
other sectors as may be provided by law,
except the religious sector.
(3) Each Legislative district shall comprise, as far
as practicable, contiguous, compact and
adjacent territory. Each city with a population of
at least two hundred fifty thousand (250,000), or
each province, shall have at least one
representative.
(4) Within three years following the return of
every census, the Congress shall make a
reapportionment of legislative districts
based on the standards provided in this
section.

Section 6: No person shall be a Member of the
House of Representatives unless he is a natural
born citizen of the Philippines and, on that the of
election, is at least twenty-five (25) years of
age, able to read and write, and, except the
party-list representatives, a registered voter in
the district in which he shall be elected, a
resident thereof a for a period of not less than
one year immediately preceding day of the
election.
Section 7: The Members of the House of
Representatives shall be elected for a term of
three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth (30th)
day of June next following their election.
No Members of the House of
Representatives shall serve for more than three
consecutive terms. Voluntary renunciation of
the office for any length of time shall not be
considered as an interruption in the continuity of
his service for the full term for which he was
elected.
QUALIFICATIONS OF REPRESENTATIVES
1. A natural-born citizen of the Philippines;
2. At least 25 years of the age on the day of
election;
3. Able to read and write;
4. Except for the party-list representative, a
registered voter in the district in which he
shall be elected; and
5. A resident thereof a period of not less than 1
year preceding the day of the election.
Section 8: Unless otherwise provided by law, the
regular election of the Senators and the
Members of the House of Representatives shall
be held on the second Monday of May.
Section 9: In case of vacancy in the Senate or in
the House of Representatives, a special election
may be called to fill such vacancy in the
manner prescribed by law, but the Senator or
Member of the House of Representatives thus
elected shall serve only for the unexpired term.
Section 10: The salaries of Senators and
Members of the House of Representatives shall
be determined by law. No increase in said
compensation shall take effect until after the
expiration of the full term of all the Members of
the Senate and the House of Representatives
approving such increase.
Section 11: A Senator or Member of the House of
Representatives shall, in all offenses punishable
by not more than six (6) years imprisonment, be
privileged from arrest while the Congress is in
session. No Member shall be questioned nor be
held liable in any other place for any speech or
debate in the Congress or in any committee
thereof.
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Section 12: All Members of the Senate and the
House of Representatives shall, upon
assumption of the office, make a full disclosure
of their financial and business interests. They
shall notify the House concerned of a potential
conflict of interest that may arise from the filing
of a proposed legislation of which they are
authors.
Section 13: No Senators of the Senate and the
House of Representatives may hold another
office or employment in the Government, or any
subdivision, agency or instrumentality thereof,
including government-owned or –controlled
corporations or their subsidies, during his term
without forfeiting his seat. Neither shall he be
appointed to any office which may have been
created nor the emoluments thereof increased
during the term for which he was elected.
Section 14: No Senators or Members of the
House of Representatives may personally
appear as a counsel before any court of justice
or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies. Neither
shall he, directly or indirectly, be interested
financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any
government-owned or –controlled corporation
or its subsidiary during his term of office. He shall
not intervene in any matter before any office of
the Government for his pecuniary benefit or
may he may be called upon to act on account
of his office.
Section 15: The Congress shall convene once
every year of the fourth (4th) Monday of July for
its regular session, unless a different date is fixed
by law, and shall continue to be in session for
such number of days as it may determine until
thirty (30) days before the opening of its next
regular session, exclusive of Saturdays, Sundays
and legal holidays. The President may call a
special session any time.
SESSIONS OF CONGRESS
1. Regular session – Congress shall convene
once every year on the fourth (4th) Monday
of July for its regular session unless a different
date is fixed by law.
2. Special session – it takes place when the
President calls Congress, during the time
that it is in recess to consider such subjects
or legislation as he may designate.
3. Executive session – secret meeting of the
Congress.

Section 16(1): The Senate shall elect its President
and the House of Representatives its Speaker,
by a majority vote of all its respective Members.
Each House shall choose such other officers
as it may deem necessary.
(2) A majority of its House shall constitute a
quorum to do business, but smaller number 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.
(3) Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-
thirds of all its Members, suspend or expel a
Member. A Penalty of suspension, when
imposed, shall not exceed sixty (60) days.
(4) Each House shall keep a Journal of its
Proceedings, and from time to time publish the
same, excepting such parts as may, in its
judgement, affect national security; and the
yeas and nays on any question shall, at the
request of one-fifth of the Members present, be
entered in the Journal.
Each House shall also keep a Record of
proceedings.
(5) Neither House during the session of the
Congress shall, without the consent of the other,
adjourn for more than three days, nor to any
other place than that in which the two Houses
shall be sitting.
OFFICERS OF THE CONGRESS
Speaker of the HR - Feliciano Belmonte
Deputy Speaker – Henedina Abad, Giordidi
Aggabao, Sergio Apostol, Pangalian Balndong,
Carlos M. Padilla, Roberto Puno
Majority Leader – Neptali Gonzales II
Minority Leader – Ronaldo Zamora
OFFICERS IN THE SENATE
Senate President – Franklin Drilon
Senate President Pro-Tempore – Ralph Recto
Majority Leader – Alan Peter Cayetano
Minority Leader – Juan Ponce Enrile
Quorum – a number of memberships of an
assembly or collective body as is competent to
transact a business. Also mean one half plus
one.
Section 17: The Senate and the House of
Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all
contests relating to the election, returns, and
qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine (9)
Members, three of whom shall be Justices of the
Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members
of the Senate or the House of Representatives,
as the case may be, who shall be chosen on
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the basis of proportional representation from the
political parties and the parties or organizations
registered under the party-list system
represented therein. The senior Justice in the
Electoral Tribunal shall be its chairman.
Section 18: There shall be a Commission on
Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators
and twelve Members of the House of
Representatives, elected by each House on the
basis of proportional representation from the
political parties and the parties or organizations
registered under the party-list system
represented therein. The Chairman of the
Commission shall act on all appointments
submitted to it within thirty session days of the
Congress from their submission. The Commission
shall rule by a majority vote of all the Members.
Ex officio- automatic appointment
Section 19: The Electoral Tribunals and the
Commission on Appointments 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. The Commission on Appointments
shall meet only while the Congress is in session,
at the call of its Chairman or a majority of all its
Members, to discharge such powers and
functions as are herein conferred upon it.
Section 20: The records and books of accounts
of the Congress shall be preserved and be open
to the public in accordance with law, and such
books shall be audited by the Commission on
audit which shall publish annually an itemized
list of amounts paid to and expenses incurred
for each Members.
Section 21: The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid of
legislation in accordance with its duly published
rules of procedure. The rights of persons
appearing in or affected by such inquiries shall
be respected.
Section 22: The heads of departments may upon
their own initiative, with the consent of the
President, or upon the request of either House,
as the rule3s of each house shall provide,
appear before and be heard by such House on
any matter pertaining to their departments.
Written questions shall be submitted to the
President of the Senate or the Speaker of the
House of Representatives at least three (3) days
before their scheduled appearance.
Interpellations shall not be limited to written
questions, but may cover matters related

thereto. When the security of the State or the
public interest so requires and the President so
states in writing, the appearance shall be
conducted in the executive session.
Interpellation- the right of parliaments to submit
question to the governments.
Section 23(1): The Congress, by a vote of two-
thirds of both Houses in joint session assembled,
voting separately, shall have the sole power to
declare the existence of a state of war.
(2): In times of war or4 other national
emergency, the Congress may, by law,
authorize the President, for a limited period and
subject to such restrictions as it may prescribe,
to exercise powers necessary and proper to
carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress,
such powers shall cease upon the next
adjournment thereof.
Appropriation- an act of legislature authorizing
money to be paid from the treasury for a
special use. A budgetary allocation
Section 24: All appropriation, revenue or tariff
bills, bills authorizing increase of the public
debt, bills of local application, and private bills
shall originate exclusively in the House of
Representatives, but the Senate may propose or
concur with amendments.
KINDS OF APPROPRIATION
1. Annual or general appropriations – They set
aside the annual expenses for the general
operation of the government. The general
appropriations bill is more popularly known
as budget;
2. Special or supplemental appropriations –
They include all appropriations not
contained in the budget. They are designed
to supplement the general appropriations;
3. Specific appropriations - One which set
aside a named sum of money for the
payment of a particular expense; and
4. Continuing appropriations – one of which
provides a definite sum to be always
available from year to year, without the
necessity of further legislative actions, for the
purpose appropriated even after the
original amount shall have been fully spent.
Section 25(1): 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.
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(2) 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.
(3) The procedure in approving appropriations
for the Congress shall strictly follow the
procedure for approving appropriations for
other departments and agencies.
(4) A special appropriations bill shall specify the
purpose for which it is intended, and shall be
supported by funds actually available as
certified by the National Treasurer, or to be
raised by a corresponding revenue proposal
therein.
(5) No law shall be passed authorizing any
transfer of appropriations; however, the
President, the President of the Senate, the
Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions 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.
(6) Discretionary funds appropriated for
particular officials shall be disbursed only for
public purposes to be supported my
appropriate vouchers and subject to such
guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the
Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year,
the general appropriations law for the
preceding fiscal year shall be deemed re-
enacted and shall remain in force and affect
until the general appropriations bill is passed by
the Congress.
Section 26(1): Every bill passed by the Congress
shall embrace only one subject which shall be
expressed in the title thereof.
(2) No bill passed by either the 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 the President certifies to the necessity of
its immediate enactment to meet a public
calamity or emergency. Upon the last reading
of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays
entered in the Journal.

Section 27(1): Every bill passed by the Congress
shall, before it becomes a law, be presented to
the President. If he approves the same, he shall
sign it; otherwise, he shall veto it and return the
same with his objections to the House where it
originated, which shall enter the objections at
large in its Journal and proceed to reconsider it.
If, after such reconsideration, two-thirds of all
the Members of such House shall agree to pass
the bill, it shall be sent, together with the
objections, to the other House by which it shall
likewise be reconsidered, and if approved by
two-thirds of all Members of that House, it shall
become a law. In all such cases, the votes of
each House shall be determined by yeas and
nays, and the names of the Members voting for
or against shall be entered in its Journal. The
President shall communicate his veto of any bill
to the House where it originated within 30 days
after the date of receipt thereof; otherwise, it
shall become a law as if he had signed it.
(2) The President shall have the power to veto
any particular items in an appropriation,
revenue, or tariff bills, but the veto shall not
affect the items to which he does not object.
Section 28(1): The rule of taxation shall be inform
and equitable. The Congress shall involve a
progressive system of taxation.
(2) The Congress may, by law, authorize the
President to fix within specified limits, and
subject to such limitations and restrictions as it
may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the
national development program of the
Government.
(3) Charitable institutions, churches, and
personage or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands,
buildings, and improvements, actually, directly,
and exclusively used for religious, charitable, or
educational purposes shall be exempt from
taxation.
(4) No law granting any tax exemption shall be
passed without the concurrence of a majority of
all the members of the Congress.
Section 29(1): No money shall be paid out5 of
the Treasury except in pursuance of an
appropriation made by law.
(2) No public money or property shall be
appropriated, applied, paid or employed,
directly or indirectly, for the use, benefit, or
support of any sect, church, denomination,
sectarian institution, or system of religion, or of
any priest, preacher, minister, or other religious
teacher, or dignitary as such, except when such
priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal
institution, or government orphanage or
leprosarium.
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(3) All money collected on any tax levied for a
special purpose shall be treated as a special
fund and paid out for such purpose only. If the
purpose for which a special fund was created
has been fulfilled or abandoned, the balance, if
any, shall be transferred to the general funds of
the Government.
ALLOWED USE OF PUBLIC MONEY OR PROPERTY
FOR RELIGIOUS PURPOSE
1. Payment given as compensation – Where
the use of public money is not for the
benefit of the priest, etc. as such but is in the
nature of compensation to the priest, etc.,
who is assigned to the armed forces, or to
any penal institution, or government
orphanage or leprosarium. (sec. 29[2])
2. Religious use incidental – Where the use of
public property for religious purposes is
incidental and temporary, and is
compatible with the use to which the other
members of the community are entitled.
3. Use, public in nature – for example funds are
used for postage stamps.
4. Payment based on contract – For example
pens are paid for portion of a charge or
other building belonging a sectarian
institution leased by government school.
5. Consideration received – For example, free
supply of water is given by municipality to a
religious organization not on account of any
religious consideration but an exchange for
a donation of property.
Section 30: No Law shall be passed increasing
the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice
and concurrence.
Section 31: No law granting a title of royalty or
nobility shall be enacted.
Section 32: The Congress shall, as early as
possible, provide a system of initiative and
referendum, and the exceptions therefrom,
whereby the people can directly propose and
enact laws and approve or reject any act and
law or part thereof passed by the Congress or
local legislative body after the registration of
any petition therefor signed by at least ten per
centum of the total number of registered voters,
of which every legislative district must be
represented by at least three per centum of the
registered voters thereof.
Initiative – the reserve power of the people to
directly propose and enact laws at polls called
for the purpose independently of Congress or of
a local legislative body.

Referendum – Process by which any act or law
or part thereof passed by the Congress or by a
local legislative body is submitted to the people
for their approval or disapproval.
Php. 90,000-97,163  salary of Senators and
Congressmen
Php. 103,000-111,198  salary of Senate
President and the Speaker of the House of
Representatives
Rider – a provision or enactment inserted in the
general appropriations bill which does not
relate to some particular appropriation therein.
A provision for instance in the general
appropriations law prohibiting government
offices and employees to do private work or
refusing to the calling to active duty and the
reversion to inactive status of reserve officers is a
rider as it has no direct connection with any
definite item of appropriate in the law. Such
provision shall be no effect. In legal
contemplation it is as though it has never been
passed.
Constitutional limitation as to the number of
member of house of representative – 250;
Actual Representatives – 287
District Representatives – 233 + 54 (party-list)
=Total: 287
Article VII – Executive Department
President – referred to as Chief Executive
Executive Power – power to administer the laws,
which means carrying them into practical
operations and observing their due observance.
BASIC OR MINIMUM QUALIFICATIONS OF THE
PRESIDENT
- He is a natural born citizen of the Philippines.
- He is a registered voter.
- He is able to read and write.
- He is at least forty (40) years of age on the
days of election for President.
- He is a resident of the Philippines for at least
ten years immediately preceding such
election.
Vice President – shall have the same
qualifications and term of office as the
President.
*may be removed from office by
impeachment
At noon the 30th day of June – begins the term
of the elected President and Vice President.
2nd Monday of May – regular election for
President and Vice President provided by law.
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Supreme Court Sitting En Banc – be the sole
judge of all contests relating to the election,
returns, and qualifications of the President and
the V.President.
6 years – total years for the term of the President
and the V.President
President – no re-election
V. President – 2 consecutive terms
Term of office – refers to the period, duration or
length of time during which an officer may
claim to hold the office as of right.
Tenure of Office – (actual incumbency), which
represents the period during the incumbent
actually holds the office.
REASONS FOR PROHIBITION AGAINST RE-
ELECTION OF PRESIDENT
1. A president seeking second term is
vulnerable to constant political pressure
from those whose support he must preserve
and has to devote his time and energy to
consolidate this political support.
2. A President who seeks a second term is
under a terrific handicap in the
performance of his functions.
3. A President seeking re-election will even use
public funds for the purpose even to the
extent of making the government bankrupt
because no incumbent President would like
to go down from power as a leader
repudiated by his people.
4. The prohibition also widens the base of
leadership.
5. The ban will also put an end or at least
hamper the establishment of political
dynasties.
6. The six-year term will give the President a
reasonable time within which to implement
his plans and programs of government.
7. Criticism within 6 years term without re-
election that six are too long for bad
President and too short for good one.
Plurality Rule Sanctioned – Constitution does not
prescribe any minimum number of votes to be
cast in a President election or any majority vote
needed for the proclamation of the winner for it
merely provides that the candidate having the
highest number of votes shall be proclaimed as
President.
Candidate to be proclaimed – person having
the highest number of votes shall be
proclaimed elected.
En Banc – as one body

Oath – is an outward pledge made under an
immediate sense of responsibility to God.
Malacañan Palace – official residence of the
President of the Philippines.
Emolument – per Diems, allowances and other
remuneration.
Veto- Latin word which means I forbid
Php. 120,000  monthly salary of the President
Php. 103,000-111,198  Monthly salary of the V.
President
When V. President Shall Act as President
1. If the President-elect fails to quality
2. If a President shall not have been chosen
3. In case of temporary inability or incapacity
of the President to discharge his powers and
duties
Presidential Succession
1. Vice President
2. Senate President
3. House Speaker
4. Any member of the Congress elected
Determining the existence and termination of
Presidential Incapacity
1. Declaration by the President
2. Declaration by the members of the Cabinet
3. Decision by Congress in case of dispute
Presidential Prohibition during his Tenure
1. They shall not hold, unless otherwise
provided in the Constitution, any other
office or employment.
2. They shall not practice any other profession.
3. They shall not participate, directly or
indirectly in any business.
4. They shall not be 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 or controlled
corporation or their subsidiaries.
5. They shall strictly avoid conflict of the
interest (between personal or family interest
and public interest) in the conduct of their
office.
Midnight Appointments – last minute
appointment to favoured party men or
recommenders of political support.
Appointments – act of designation by the
executive officer, board or body to whom the
power has been delegated.
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Power of Appointment – intrinsically an
executive prerogative.
Section 16 – Power of the President to appoint
high officers of the Government is shared by the
commission on the appointment’s power to
ratify or reset.
Official whom the President can appoint
1. The heads of Executive Departments,
ambassadors, and other public ministers
and consuls.
2. The officers of the Armed Forces of the
Philippines from the rank of colonel or naval
captain.
3. Other officers whose appointments are
vested in the President of the Commission.
4. All other officers of the Government whose
appointments are not otherwise provided
by law, and they refer to officers to be
appointed to lower offices created by
Congress where the latter omits to provide
for appointments to said offices or provides
in an unconstitutional way of such
appointments.
5. Those whom he may be authorize by law to
appoint such as the heads of government-
owned or controlled corporation,
department undersecretaries, heads of
bureaus and offices, and other officials.
Kinds of Presidential Appointments
a. Regular Appointments – Made during the
sessions of Congress.
b. Ad interim Appointments - made during a
recess of Congress.
Three Stages of Regular Appointments
1. Nomination by the President
2. Consent by the Commission of
Appointments
3. Appointment by the President
Compulsory – Recess that takes place when
Congress adjourns.
Voluntary – Recess that takes place before the
adjournment of Congress like Christmas recess.
Kinds of Appointments in the career services
A. Permanent – one which is issued to a person
who meets all the requirements for the
position to which he is appointed. It last until
it is lawfully terminated. The holder of such
appointment cannot be remove except
only for cause.

B. Temporary or Acting – one which is issued to
a person who meets all the requirements to
the position to which he is being appointed
except the appropriate civil service
eligibility. It shall not exceed 12 months, but
the appointee may be replaced sooner if a
qualified civil service eligible becomes
available. The holder of such appointment
may be removed only time when without a
hearing or cause.
Steps in the Appointing Process
1. Appointment – it is the act of the appointing
power. It may include the issuance by the
President of the commission, which is the
written evidence of the appointments.
2. Acceptance – it is the act of the appointee.
He may or may not accept the
appointment. Bur acceptance thereof is
necessary to enable him to have full
possession, enjoyment and responsibility of
an office. It is not, however, necessary to the
legality of the appointment.
Kinds of Acceptance
(1) Express – when done verbally or in writing
(2) Implied – when, without formal
acceptance, the appointee enters upon
the exercise of the duties and functions of
an office.
Designation – Simply the mere position of new or
additional duties upon an officer already in the
government service (or any other competent
person) to temporarily perform the functions of
an office in the executive branch when the
officer regularly appointed to the office is
unable to perform his duties or there exists a
vacancy.
Removal – The ouster of an incumbent before
the expiration of his term of office.
Nature and extent of the Power to Control
(1) Over cabinet members – The power to
control of the President is in line with the
concept of the Cabinet members serving as
alter egos (Lat., another one) of the
President. It implies that he may alter or
modify or set aside what a subordinate
officer had done in the performance of his
duties, and to substitute his judgement for
that of the latter, act directly on any specific
function entrusted to the offices concerned,
direct the performance of a duty, restrain
the commission of acts, determine priorities
in the execution of plans and programs and
prescribe standards, guidelines, plans and
programs.
8
Primary function of the President – enforce the laws
(section 1)
Section 18
Military power of the President
Powers to meet emergency situations – It mentions
3 extraordinary remedies and measures which the
President is empowered to utilize in meeting
emergency situations;
- To call out the Armed Forces
- To suspend the privilege of Writ of Habeas
Corpus
- To declare Martial Law
Meaning of Martial law
1. In its comprehensive sense it includes all
laws that that have reference to and are
administered by the military forces of the
State. They include:
a. The military law proper, that is, the laws
enacted by the law-making body for the
Government of the Armed Forces; and
b. The rules governing the conduct of military
forces in times of war and in places under
military occupation.
2. In its strict sense, it is the law which has
application when the military arm does not
supersede civil authority but is called upon
to aid in the execution of its vital functions.
The Constitution refers to this meaning.
Basis, object and Duration of Martial Law
1. Basis – the right to declare, apply and
exercise martial law is one of the rights of
sovereignty. It is as essential to the existence
of a nation as the right to declare and carry
on war. The power is founded on necessity
and is inherent in every Government.
2. Object – the subject of martial law is the
preservation of the public safety and good
order. Unless the right and power exist,
peace, good order, security-government
itself may be destroyed and obliterated…
when the domination of the lawless
elements becomes so powerful that it
cannot be stopped by the civil authorities.
3. Duration – being founded on necessity, the
exercise of the power may not extend
beyond what is required by the exigency
which is calls forth. Section 18(part 1) Sets a
time limit for the duration of the State of the
Martial Law and the suspension of the
privilege of the writ of habeas corpus.
Effects of a State of Martial Law
1. Operation of the Constitution – There is no
suspension on the operation of the
Constitution.

2. Functions of civil courts and legislative
assemblies – Martial Law is declared merely
to assist the civil government, not to
supplant it.
3. Jurisdiction of military courts and agencies –
when martial law is declared, civil authorities
is not superseded by military authorities. Nor
the civil laws suspended.
4. Privilege of the writ of habeas corpus – it
does not automatically suspend the
privilege of writ of habeas corpus. The
privilege continues to be available to
persons under detention until suspended by
the President, subject to the restrictions
imposed.
Section 19: Except in cases of impeachment, or
as otherwise provided in this Constitution, the
President may grant reprieves, commutations,
and pardons, and remit fines and forfeitures,
after conviction by final judgement.
He shall also have the power to grant
amnesty with the concurrence of a majority of
all the Members of the Congress.
Pardoning power
- The power to grant pardon and other acts
of clemency to violator of law is traditionally
vested in the Chief Executive of the nation.
The Constitution gives this power to the
President in the above provision. This power
cannot be taken away from him nor can
the exercise thereof be subject to limitations
or conditions beyond those provided by the
Constitution. Neither may the courts inquire
into the wisdom or reasonableness of any
pardon granted by the President.
The Pardoning power extends to all offenses,
including criminal contempt. It does not give
the President the power to exempt, except from
punishment, anyone form the law.
Reprieve – the postponement of the execution of
the death sentence to a certain date. It is different
from suspension of sentence which is the
postponement of a sentence for an indefinite time.
Commutation – the reduction of the sentence
imposed to a lesser punishment, as from death to
life imprisonment. It may be granted without the
acceptance and even against the will of the
convict.
Pardon – an act of grace proceeding from the
power entrusted with the execution of the laws
(President) which exempts the individual on whom it
is bestowed, from the punishment the law inflicts for
a crime he has committed.
KINDS OF PARDON
1. Absolute – When it is not subject to any
condition or whatsoever. It becomes
affective when made.
9
2. Conditional – when it is given subject to any
condition or qualification the President may see fit.
It must be accepted by the offender to become
effective.
Limitation upon the Pardoning Power
1. It may not exercise for offenses in
impeachment cases.
2. It may be exercised only after conviction by
final judgement.
3. It may not be exercise over civil contempt.
4. In case of violation of election law or rules
and regulations, no pardon, parole, or
suspension of sentence may be granted
without the recommendation of the
Commission on Election.
EFFECTS OF PARDON
1. It removes penalties and disabilities and
restores him to full civil and political rights.
2. It does not discharge the civil liability of the
convict to the individual he has wronged as
the President has no power to pardon a
private wrong
3. It does not restore offices, property, or rights
vested in others in consequences of the
conviction. Under our law, a pardon shall
not work the restoration of the right to hold
public offices or the right of suffrage unless
such right is expressly restored by the terms
of the pardon.
Remission – prevents the collection of fines or the
confiscation of forfeited property. The power of the
President is limited to fines or forfeitures as have not
been vested in 3rd parties, or paid into the treasury
of the Government, as funds paid out of the
treasury without the authority of the Congress.
Amnesty – an act of the sovereign power granting
oblivion or a general pardon for a past offense
usually granted in favour of certain classes of
persons who have committed crimes of a political
character such as treason, sedition or rebellion.
Effects of amnesty
- Amnesty abolishes and puts into oblivion the
offenses of which one is charged, so that
the person released by amnesty stands
before the law precisely as though he had
committed no offense.
PARDON AND AMNESTY DISTINGUISH
PARDON AMNESTY
- granted by the - granted with the
President alone after concurrence of
conviction. Congress before and
after conviction.
- is an act of - is an act of
forgiveness. forgetfulness.
- granted for infractions - granted for crimes
of the peace of the against the sovereignty
State. of the State.

- A private act of the - By proclamation of
President which must the President with the
be pleaded and concurrence of
proved by the person Congress is a public
who claims to have act of which the courts
been pardoned, will take judicial notice.
because the courts
take no judicial notice
thereof.
Section 20: The President may contract or
guarantee foreign loans on behalf of the Republic
of the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as
may be provided by law. The Monetary Board shall,
within thirty (30) days from the end of every quarter
of the calendar year, submit to the Congress a
complete report of each decisions of applications
for loans to be contracted or guaranteed by the
Government or government-owned and –controlled
corporations which would have the effect if
increasing the foreign debt, and containing other
matters as may be provided by law.
Authority to Contract and Guarantee Foreign Loans
1. Exclusive Executive Function – The President may
be contract foreign loans on behalf of the Republic
of the Philippines without the need of prior
congressional approval.
2. Concurrence of Monetary Board required – The
Contract of guarantee must be with the prior
congruence of the Monetary Board of the Central
Bank now, Bangko Sentral ng Pilipinas (BSP), which is
required to make a report to Congress containing
the matters mentioned.
3. Checks by Congress – The reasons for not
requiring congressional approval for foreign loans
are:
a. The loans urgently needed by the country may
no longer be available when concurrence which
usually obtained.
b. An obstructionist Congress could withhold
approval for political reasons.
Section 23: No treaty or international agreement
shall be valid and effective unless concurred in by
at least two-third of all the Members of the
Congress.
Treaty – A compact made between two or more
states, including international organization of states,
intended to create binding rights and obligations
upon the parties thereto. Thus, treaty may be
bilateral or multilateral. It is also known as a pact,
convention, or character.
10
STEPS IN TREATY-MAKING
Negotiation  in the field of initiation and
negotiation, the President alone has a role
authority. The reason is that secrecy, dispatch,
caution, continuity and access to information are
essential ingredients in this task which the president
alone possesses. Confidential information is passed
and premature disclosures may not only cause
serious embarrassment of the negotiations.
Approval or Ratification  As a general rule, no
treaty or international agreement shall be valid
effective unless concurred in by at least 2/3 of all
the Members of the Senate.
Section 22: The President shall submit to the
Congress within thirty days from the opening of
every regular session, as the basis of the general
appropriation bill, a budget of expenditures and
sources of financing, including receipts from
existing and proposed revenue measures.
Section 23: The President shall address the Congress
at the opening of its regular session. He may also
appear before it at any other time. (State of the
Nation Address)
Article VIII – Judiciary
Jurisdiction power – the power and duty of the
courts of justice prescribed the laws to contests or
disputes concerning legally recognized rights or
duties between the states and private persons or
individuals litigants in cases properly brought before
the judicial tribunals.
SCOPE OF THE JUDICIAL POWER
1. Adjudicatory power – To settle actual
controversies involving rights which are
legally demandable and enforceable.
To determine whether there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on any branch or any instrumentality of
the Government.
Power of Judicial Review
a. To pass upon the validity or constitutionally
of the laws of state and the act of the
government.
b. To interpret them.
c. To render binding judgement
2. Incidental power – necessary of the
affective discharge of the judicial function
such as the power to punish person adjudge
in contempt.
3. Giving of Advisory opinions not a judicial
function – a function of executive official.
- Doctrine of separation of powers
- Tendency of many actual cases.

Organization of the Court
Regular court – judicial system consisting of
hierarchy of courts resembling a pyramid with the
Supreme Court as the apex.
COURTD ACCORDING TO THE JUDICIARY
REORGANIZATION ACT OF 1980 ARE:
a. Court of Appeals – With 64 justices
preceding justice which operates in 23
divisions each comprising 3 members.
b. Regional Trial Court – Presided by 720
regional trial judges in each of the 13
regions of the country.
c. Metropolitan Trial Court – in each
metropolitan area established by law,
municipalities not comprise within
metropolitan area municipalities (not
comprised within) circuit and a municipal
circuit trial court in each defined as a
municipal circuit comprising one or more
cities and/or one or more municipalities
grouped together.
Special Court
a. Sandiganbayan (with 14 justices and a
Presiding Justice) which operates in 5
division each comprising 3 members was
created by the P.D. no. 1606 pursuant to the
mandate of the 1973 Constitution.
b. Court of Appeals (with 9 justices and a
Presiding Justices) which operates under
R.A. no. 1125 as amended by R.A. no. 9282
Quasi Judicial Agencies
They are the agency whose of executive
character. The authority for the ordering of courts
martial pertains to the President as the
Commander-in-chief of the Armed Forces of the
Philippines independently of the legislation to aid
him in properly commanding the Armed Forces and
enforcing discipline.
Importance of the Judiciary
1. Confidence in the certain and even
administration of justice (Lord Bryce)
2. Preservation of the Government (Chancellor
James Kent)
3. Respect of law and order (Mr. Justice Arthur
Vanderbilt)
Independence of the Judiciary
1. Main Constitutional provisions safeguarding
judicial independence.
a. Congress may not deprive the Supreme
Court of constitutional power granted.
b. Congress cannot prescribed the manner in
which the Supreme Court should sit and
determine the number of justice composing
the court.
c. Supreme Court is given the authority to
appoint all officials and employees of the
judiciary
11
d. Members of the Supreme Court and judges
of lower Courts enjoy security tenure.
e. Salaries cannot be decreased during
continuance of the office.
f. Members of Supreme Court can only be
removed through difficult process of
impeachment
2. Other Constitutional Provisions
Jurisdiction of Courts
Jurisdiction – The Power and authority of the court
to hear try and decide a case.
1. General – when it is empowered to decide
all disputes which may came before it
except those assigned to outer courts (e.g.
Jurisdiction of RTC)
2. Limited – when it has authority to hear and
determine only a few specified cases. (e.g.
Jurisdiction of Special Courts)
3. Original – When it can try and decide a
case presented for the first time. It may
exclusive of concurrent.
4. Appellate – When it can take already heard
and decided by a lower court removed
from the latter by appeal.
5. Exclusive – when it can try and decide a
case which cannot be presented before
any other court
6. Concurrent – when any one of two or more
courts may take cognizance of a case
7. Criminal – that which exists for the
punishment of crime
8. Civil – that which exists when the subject
matter is not of a criminal nature (e.g.
collection of debt)
Fiscal Autonomy of the Supreme Court
1. Appropriations for judiciary not subject to
reduction.
2. Appropriations to be automatically and
regularly released.
Composition of the Supreme Court
15 members including the Chief Justice
under the 1973 Charter to cope with the basis of 15
members the continuing increase in the number of
cases brought about by the growing population.
The Constitution requires any vacancy to be
filled within 90 days from the concurrence thereof.
Sitting procedure of the Supreme Court
1. En banc or in divisions – The Supreme Court may
sit and hear cases as an en banc (with all the
judges present) or in divisions of 3, 5, or 7 members.
It is now the Supreme Court that decides whether
or not it will sit in the divisions.
2. Number of divisions – on the basis of 15 members,
the number of divisions will be 5, composed of three
members each; three composed of 5 members
each, meeting separately. In cases of two divisions

there will be members including the Chief Justice in
one division and seven in the other. The different
sizes of the division would indicate the relative
importance of cases being heard.
3. Decision of Division - by sitting in divisions the
Supreme Court increases its capacity to dispose of
case pending before it.
Executive Agreement
- It is the agreement entered into by the
President on behalf of the Philippines with
the Government of another country and is
affective and binding upon the Philippines
even without the concurrences of Congress.
The line between such agreement and a
treaty is not easily defined although it may be
generally and said that the former deals usually in
routine matters not through to require formality of a
treaty.
CLASSES OF EXECUTIVE AGREEMENT
1. Those made purely as executive acts.
2. Those entered into in pursuance of acts of
Congress.
Judicial Review
The power of Courts ultimately of the
Supreme Court, to interpret the Constitution and to
declare any legislative or executive act invalid
because it is conflict with the fundamental law.
Justifiable and Political Question
1. Justifiable question affect personal or
property rights accorded to every member
of the community in cases properly brought
before Judicial Tribunals.
2. Political question is to be decided by the
people in their sovereign capacity or in
regard to which full discretionary authority
has been delegated to the legislative or
executive branch of the Government.
Original Jurisdiction of the Supreme Court over
cases affecting ambassadors
1. Diplomatic Agents of foreign country
2. Privilege and Immunities
Original Jurisdiction of Supreme Court over Petition
1. The Supreme Court exercises original
jurisdiction over the petitions for the issuance
of writ of certiorari, prohibited and
mandamus quo warranto, and habeas
corpus.
2. It has the original and exclusive jurisdiction
over petitions for the issuance of writ of
certiorari, prohibited and mandamus
against the Court of appeals.
a. Certiorari – a writ issued from a superior
court requiring a lower court or a board,
or officers exercising judicial functions to
transmit the records of a case to the
superior court for the purpose of review.
12
b. Prohibition – a writ of which the superior
court commands a lower or a
corporation, board or person acting
without or excess of its or his jurisdiction,
or with grave abuse of discretion, to
desist from further proceedings in an
action or matter. It will lie only when no
appeal or any other remedy is available
to aggrieved party. A remedy
prohibiting the doing of an act.
c. Mandamus – an ordered issued by a
superior court commanding a lower
court or a corporation, board or person
to perform a certain which it is its duty to
do. An affirmative action ordering
certain act to be done.
d. Quo Warranto – an action by the
Government to recover an officer or
franchise.
3. The Supreme Court exercises original and
exclusive jurisdiction over all contest relating
to the election, returns and qualifications of
the President and the Vice President.
Rules making Power of the Supreme Court
1. Protection and enforcement of
Constitutional Rights - The Constitution
accords great importance to the full
enjoyment by the people of their
constitutional rights that even the Supreme
Court is enjoined to promulgate rules of
procedures concerning their protection and
enforcement in cases pending before the
Court.
2. Pleading – It is an act of presenting one’s
claim, answer or arguments is defence or
prosecution of the other.
3. Practice of law – As generally understood it
is the doing or performing of services in the
court of justice in any matters therein.
4. Procedure – it refers to the method to which
substantive right may be enforce in courts of
justice.
5. Admission to the practice of the law or to
the Bar – A person is said to be admitted to
the bar when he is authorized by the
Supreme Court to practice law of the
Philippines.
6. Integrated Bar – it means the officials
national unification of the entire lawyer
population of the Philippines in a single
organization. This requires membership and
financial support of every attorney as
condition.
a. The general purpose of the Bar
- To elevate the standards of legal profession
- To improve administration of justice
- To enable the bar to discharge its public
responsibility more effectively
 13

7. Legal assistance to underprivileged – Poor Qualifications of the judges in the lower Courts
and ununiformed litigants are entitled to
legal assistance from the Government in 1. CONTITUTIONAL
depending of enforcing their rights to a. He must be a citizen.
address the imbalance between the parties b. He must be a natural born.
in civil and in criminal cases. c. He must be a member of the Philippine Bar
(Duly inscribed in the roll of attorneys of the
Substantive and Procedural Law/Rights Distinguish Supreme Court)
1. Substantive law – creates, defines and d. He must be a person who proven
regulate rights concerning life, liberty and competence, integrity, probity and
property of the power agencies or independence.
instrumentalities for the administration of
Public Affairs 2. STATUARY
2. Procedural Law – is the part of which a. Congress is given the authority to prescribed
prescribes the method of enforcing rights or additional qualifications for judges of the
obtaining redress for their violation. lower courts.
3. Substantive rights – rights which substantive b. Provided for under a law passed by defunct
law declare or rights concerning life, liberty Batasang Pambansa.
and property.
4. Procedural rights – the remedies or means Characteristics of the Appointed Judiciary
by which an aggrieved party, whose 1. Competence
(substantive) rights have been produced 2. Integrity
may bring his case to trait, trial and 3. Probity
judgement. 4. Independence

Appointments of Officials and Employees. Salary to Chief Justice of Supreme Court –

The Supreme Court has the power to appoint all Php. 240,000
officials and employees of the judiciary in Associate Justice – Php. 204,000
accordance with the civil service law.
Ma. Lourdes Sereno – Chief justice of Supreme
QUALIFICATIONS OF COURTS Court
Supreme Court
1. He must be a natural born citizen of the ANDRES B. REYES, JR – Presiding Justice Court of
Philippines. Appeals
2. He must be at least 40 years of age
3. He must be 15 years or more, been a judge AMPARO CABOTAJE-TANG – Presiding Justice of
of a lower court or engaged in the practice Sandiganbayan
of law in the Philippines.
4. He must me a person of proven ROMAN G. DEL ROSARIO – Presiding Justice Court of
competence, integrity, and independence. Tax Appeals

Lower Collegiate Courts

1. Composed of more than one judge
2. Shall be prescribed by Congress provided in
Section 7 as in the case of judges of lower
courts.
3. Must be natural born citizen of the
Philippines.
Authority of Congress to alter qualification of certain
Constitutional officers
1. Congress is not empowered to increase and
decrease the justice of the Supreme Court
as laid down by the Constitution.
2. Constitution provisions providing for the
qualification of the Members of the
Congress, the President and the members of
the Constitutional Commission, the
ombudsman and his deputies.