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LEGISLATIVE EXECUTIVE JUDICIARY

The legislative power shall be vested in the Congress of the The executive power shall be vested in the President of the The judicial power shall be vested in one Supreme Court and in
Philippines which shall consist of a Senate and a House of Philippines - as the Head of State and Chief Executive. such lower courts as may be established by law.
Representatives, except to the extent reserved to the people
by the provision on initiative and referendum. The President exercise the:
Judicial power includes the duty of the courts of justice to
1. Power of Control under Art. VII, Sec. 17
settle actual controversies involving rights which are legally
2. Appointing power under Art. VII, Sec 16
The legislative power is the authority to make laws and to demandable and enforceable, and to determine whether or
3. Power of Supervision under Art. X, Secs. 4 & 6
alter or repeal them. not there has been a grave abuse of discretion amounting to
4. Military Powers under Art. VII, Sec. 18
lack or excess of jurisdiction on the part of any branch or
5. Power of Executive Clemency under Art. VII, Sec. 19
POWERS

instrumentality of the Government.


Other powers: 6. Power to grant foreign loans under Art. VII, Sec. 20
7. Foreign-relation Powers under Art. VII, Sec. 21
Other powers:
1. Power of inquiry under Art. VI, Sec. 21
2. Power to declare a State of War
3. Power to define, prescribe, and apportion the jurisdiction 1. It also exercises powers under Art. VIII, Sec. 5
of various courts but may not deprive the Supreme Court 2. Power of Administrative Supervision under Art. VIII, Sec. 6
of its jurisdiction over cases
4. Sole Judge of all Election contests under Art. VI, Sec. 17
5. Legislative check on appointing power of the President
(COA)

Override the veto of the President – two-thirds of all the The President shall have the power to veto and return the bill Judicial power includes the duty of the courts of justice to
Members of such House shall agree to pass the bill, it shall passed with his objections to the House where it originated, determine whether or not there has been a grave abuse of
PRINCIPLE OF CHECKS AND BALANCES

be sent, together with the objections, to the other House by which shall enter the objections at large in its Journal and discretion amounting to lack or excess of jurisdiction on the
which it shall likewise be reconsidered, and if approved by proceed to reconsider it part of any branch or instrumentality of the Government.
two-thirds of all the Members of that House, it shall become
a law. Power to veto any particular item or items in an appropriation, Rule on all cases involving the constitutionality of a treaty,
revenue, or tariff bill, but the veto shall not affect the item or international or executive agreement, or law, and those
Reject appointments by President through Commission on items to which he does not object. involving the constitutionality, application, or operation of
Appointments presidential decrees, proclamations, orders, instructions,
The President may grant reprieves, commutations and ordinances, and other regulations.
The Congress, voting jointly, by a vote of at least a majority pardons, and remit fines and forfeitures, after conviction by
of all its Members in regular or special session, may revoke final judgment
such proclamation or suspension, which revocation shall not
be set aside by the President. Upon the initiative of the
President, the Congress may, in the same manner, extend
such proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion shall
persist and public safety requires it.

Power to impeach the President and the members of the


Supreme Court
24 Senators House Composition: Composition: Qualifications: (SC)
COMPOSITION,QUALIFICATIONS, TERM AND RULE ON

Qualifications: Not more than 250 President, Vice-President, Cabinet Members, executive 1. Natural-born citizen
1. Natural-Born Citizen District Rep- 200 departments, independent agencies, and other boards, 2. At least 40 years of age
2. At least 35 of age on the Party-List Rep- 50 seats commissions, and committees. 3. Must have been for 15 years of more a judge of a lower
day of the election Qualifications: Qualifications of President and Vice-President court or engaged in the practice of law in the Philippines
3. Able to Read and Write 1. Natural-Born Citizen 1. Natural-born citizen
4. Registered Voter 2. At least 25 of age, on the 2. Registered voter
5. Resident for not less than day of the election 3. Able to read and write
RE-ELECTION

2 years immediately 3. Able to read and write 4. At least 40 years of age on the day of the election
preceding the day of the 4. Registered Voter in the 5. Resident of the Philippines for at least 10 years immediately
election District, except the party-list preceding the day of the election
Term Of Office: 6 years representatives Term of Office: 6 years
Re-Election - not more than 5. Resident of the district Re-election of President: No Re-election
2 consecutive terms for not less than 1 years Re-election of Vice-President: Not more than 2 consecutive
immediately preceding the terms
day of the election
Term of Office: 3 years
Re-election - not more than
3 consecutive terms
Elected at large by the Elected from legislative Elected by direct vote by the people The Members of the Supreme Court and judges of lower
qualified voters of the districts apportioned among courts shall be appointed by the President from a list of at
Philippines, as may be the provinces, cities, and the least three nominees prepared by the Judicial and Bar Council
MANNER OF VOTING/ELECTION

provided by law. Metropolitan Manila area in for every vacancy. Such appointments need no confirmation.
accordance with the number
of their respective
inhabitants, and on the basis
of a 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 or
organizations.
No Senator or Member of the House of Representatives may The Members of the Supreme Court and of other courts
hold any other office or employment in the Government, or established by law shall not be designated to any agency
any subdivision, agency, or instrumentality thereof, including performing quasi-judicial or administrative functions.
government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat.
No decision shall be rendered by any court without expressing
Neither shall he be appointed to any office which may have
therein clearly and distinctly the facts and the law on which it is
been created or the emoluments thereof increased during
based.
the term for which he was elected.

No Senator or Member of the House of Representatives may The President, Vice-President, the Members of the Cabinet, and No petition for review or motion for reconsideration of a
personally appear as counsel before any court of justice or their deputies or assistants shall not, unless otherwise provided decision of the court shall be refused due course or denied
before the Electoral Tribunals, or quasi-judicial and other in this Constitution, hold any other office or employment without stating the legal basis therefor.
administrative bodies. Neither shall he, directly or indirectly, during their tenure. They shall not, during said tenure, directly
be interested financially in any contract with, or in any or indirectly, practice any other profession, participate in any
franchise or special privilege granted by the Government, or business, or be financially interested in any contract with, or in
any subdivision, agency, or instrumentality thereof, including any franchise, or special privilege granted by the Government
PROHIBITIONS AND LIMITATIONS

any government-owned or controlled corporation, or its or any subdivision, agency, or instrumentality thereof, including
subsidiary, during his term of office. He shall not intervene in government-owned or controlled corporations or their
any matter before any office of the Government for his subsidiaries. They shall strictly avoid conflict of interest in the
pecuniary benefit or where he may be called upon to act on conduct of their office.
account of his office.
The spouse and relatives by consanguinity or affinity within the
The Congress may not increase the appropriations fourth civil degree of the President shall not during his tenure
recommended by the President for the operation of the be appointed as members of the Constitutional Commissions,
Government as specified in the budget. The form, content, or the Office of the Ombudsman, or as Secretaries,
and manner of preparation of the budget shall be prescribed Undersecretaries, chairmen or heads of bureaus or offices,
by law. including government-owned or controlled corporations and
their subsidiaries.
No bill passed by either House shall become a law unless it
has passed three readings on separate days, and printed Midnight appointments, except temporary appointments to
copies thereof in its final form have been distributed to its executive positions when continued vacancies therein will
Members three days before its passage, except when the prejudice public service or endanger public safety.
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.

One-bill, one subject Rule

No law shall be passed increasing the appellate jurisdiction of


the Supreme Court as provided in this Constitution without
its advice and concurrence.

No law granting a title of royalty or nobility shall be enacted.

No law shall be passed reorganizing the Judiciary when it


undermines the security of tenure of its Members.

Appropriations for the Judiciary may not be reduced by the


legislature below the amount appropriated for the previous
year and, after approval, shall be automatically and regularly
released.

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