1.

Natural born citizen of the Philippines

Article 6 2. At least 25 years of age on the day of the election
THE LEGISLATIVE DEPARTMENT 3. Able to read and write
• From the Latin lex, legis meaning law
• The legislative branch broadly deals with the making, deliberation over, enactment, In Case of Vacancy…
amendment and repealing of laws • Vacancy can be filled through regular election
• Legislative power is vested in two chambers/houses • Special elections can be called for the purpose of filling the vacancy
• The Philippine Congress is the country’s legislative department (Art. VI, Sec. 1) • In either circumstance, the one elected merely sits for the unexpired term
• Congress is bicameral Parliamentary Privileges
• Upper House: Senate 1. Privilege from arrest
• Lower House: House of Representatives -Immunity from offenses punishable by not more than six years imprisonment
2. Privilege of speech and debate
SENATE -Immunity from libel and slander
• 24 senators who shall be elected at large by the qualified voters of the Philippines, as may be Transparency
provided by law. Elected Congressmen must:
• Qualifications 1. Fully disclose their financial and business interests
1. Natural-born citizen; 2. Disclose potential conflicts of interests that arise in the course of legislation
2. At least 35 years old on the day of election; 3. Keep from any other office or employment (appointed or otherwise), forfeit his/her seat
3. Able to read and write; Powers of Congress
4. A registered voter; and 1. Appointment of Public Officials (COMMISSION ON APPOINTMENTS )
5. Philippine resident for at least 2 years immediately proceeding the day of the election. 2. Legislative inquiry and investigation
• Term of Office:6 years 3. Declare the existence of a state of war(2/3 of both Houses, in joint session,voting separately)
Term Limitations: 4. Ratify the country’s international treaties (Senate)
1. No Senator shall serve for more than 2 consecutive terms. 5. Authorize limited emergency powers for the President
2. Voluntary renunciation of office for any length of time shall not be considered as an Legislative Limitations
interruption in the continuity of his service for the full term for which he was elected. Congress may not:
1. Increase appropriations recommended by the executive branch
HOUSE OF REPRESENTATIVES 2. Pass tax exemptions without the concurrence of a majority of its members
• Not more than 250 members, unless otherwise fixed by law; and 3. Grant titles of nobility
• Party-list Representative 4. Pass ex post facto bills
• Qualifications 5. Pass bills of attainder
1. Natural born citizen of the Philippines; How a bill becomes a law
2. At least 25 years old on the day of the election; 1. To initiate the law-making process, the proposed bill is signed by its author and filed with the
3. Able to read and write; Secretary of the either the Lower House (for congressmen) or the Senate (for senators).
4. Registered voter in the district he seeks to represent; and 2. The bill will go through three readings. On the First Reading, the number and title of the bill is read,
5. A resident of such district for at least one year immediately preceding the day of the election. followed by its referral to the appropriate committee for study.
• Term of Office • 3. On the Second Reading, the bill is read in full along with amendments proposed by the
1. Each member of the House shall be elected for a term of three (3) years committee who studied it. The bill is then subjected to debates and discussion by the members of the
2. Voluntary renunciation of office for any length of time shall not be considered as an House where it was filed. After extensive discussion, the bill will be voted on. If approved, it would go
interruption in the continuity of his service for the full term for which he was elected. through a third reading.
• Term Limitations • 4. On Third Reading, the bill will be submitted for a final vote. If approved again, it shall be
No member of the House of Representatives shall serve for more than three (3) consecutive terms. transmitted to the other House for concurrence. The other House will go through the same process of
having three readings.
Party-List Representatives
• Constitute 20% of the total number of representatives, including those under the party-list
system(thus a maximum of 50 party-list members of the House)
• Qualifications
 • Supervision – Overseeing or the power or authority of an officer to see that subordinate
Article 7 officers perform their duties. If the latter fail or neglect to fulfill them, then the former may take such
The Executive Department action or steps as prescribed by law to make them perform these duties.
EXECUTIVE POWER-It is the power to enforce and administer the laws Military Powers
• The executive power is vested in the President of the Philippines (Art. VII, Sec. 1) 1.) Commander-in-Chief clause
Qualifications: • To call out the Armed Forces to prevent or suppress lawless violence, invasion or
President and Vice-President rebellion(whenever it becomes necessary);
• Natural Born Citizen 2.) Suspension of writ of Habeas Corpus
• A Registered Voter – A writ directed to the person detaining another, commanding him to produce the
• Able to Read and Write body of the prisoner at a designated time and place xxx the object of which is the liberation of those
• Atleast 40 years of age on the day of election who may be in prison without sufficient cause.
• Resident of the Philippines for at least ten years immediately preceding the election. – Ground for suspension: invasion, rebellion, when public safety requires it
Effects of suspension of Writ:
Term of Office • does not affect the right to bail
The President and Vice-President shall be elected by the people for six (6) years. • Applies only to persons facing charges of rebellion
• Vice-President -Eligible for the position of member of the Cabinet(no need for CA • The arrested must be charged within 3 days; if not they must be released
confirmation) Does not supersede civilian authority.
• Vice-President –can serve for two successive terms. Martial LAW
• No person who has succeeded and served as President for four (4) years can run again – Grounds for declaration: Invasion and Rebellion
Prohibitions and Inhibitions Constitutional Limitations of Martial Law
1. No increase in salaries during the term. And the suspension of privilege of Habeas Corpus:
2. Shall not receive emoluments • Not more than 60 days, unless extended by congress
3. Shall not hold any other office. • President to report to congress within 48 hours
4. Shall not, directly or indirectly, practice any other profession, business, or be financially • Authority of the congress to revoke or extend
interested in any other contract with franchises of the government. • Authority of the Supreme Court to inquire of the factual basis for such action
5. Avoid conflict of interest in the conduct of their office Ways to lift proclamation or suspension:
6. May not appoint spouse or relatives by consanguinity or affinity within 4th civil degree I. By the President himself
(ART. VII, SECTIONS 6, 13) II. Revocation by Congress
POWERS OF THE PRESIDENT III. Nullification by the Supreme Court
Executive Power IV. By operation of law after 60 days
• President shall have the control of all executive departments, bureaus, and offices. He shall
ensure that laws are faithfully executed (Art. VII, Sec.17) Pardoning Power
Power of Appointment Pardon- Act of grace which exempts individual from punishment which the law inflicts.
• Selection by the authority vested with the power, of an individual who is to exercise the Amnesty – A general pardon to rebels for their treason or political offense;
functions of a given office. Other forms of executive clemency:
• Appointments Requiring the consent of the Commission on Appointments(VII, Sec.16) • Commutation – reduction or mitigation of penalty
• A.) Heads of executive departments(except VP) • Reprieve – postponement of sentence or stay of execution
• B.) Ambassadors and other public ministers and consuls • Parole – release from imprisonment, but without full restoration of liberty(in custody of law
• C.) Officers of the AFP from the rank of colonel or naval captain although not in confinement
• D.) Officers whose appointments are vested in him by the Constitution • Remission of fines and forfeiture – Prevents the collection of fines and confiscation of
Power of Removal forfeited property; cannot affect rights of third party and money already in the treasury.
General Rule: This power is implied from the power to appoint
Power of Control Borrowing Power
• Control – The power of an officer to alter, modify, nullify, or set aside what a subordinate • The President may contract or guarantee foreign loans on behalf of the Republic with the
officer had done in the performance of his duties and to substitute the judgment of the former for concurrence of the Monetary Board, subject to such limitations as may be provided by law.
that of the latter.
• The Monetary board shall submit to the Congress report on loans within 30 days from the end ARTICLE 8
of every quarter.

Diplomatic Power JUDICIAL DEPARTMENT

• No treaty or international agreement shall be valid and effective unless concurred in by at
least 2/3 of all the Members of the Senate • Judiciary-is the system of courts that interprets and applies the law in the name of the state.
• The power to ratify is vested in the President, subject to the concurrence of the Senate. • The judiciary also provides a mechanism for the resolution of disputes.
• This branch of the state is often tasked with ensuring equal justice under law.
Budgetary Power • “The judicial power shall be vested in one Supreme Court and in such lower courts as may be
• Within 30 days from the opening of every regular session, President shall submit to Congress established by law.
a budget or expenditures and sources of financing, including receipts from existing and proposed • Judicial power includes the duty of the courts of justice to settle actual controversies
revenue measure. Adjudicatory Power -To settle actual controversies involving rights
• Congress may not increase the appropriation recommended by the President for the operation Judicial Review -to interpret the law and make them binding judgements ◦
of the Government as specified in the budget. Incidental Power -powers essential for the discharge of their judiciary function
Informing Power
• The President shall address Congress at the opening of its regular session. He may also appear The Supreme Court
before it at any other time. 1 Chief Justice and 14 Associate Justices
• The President usually discharges the informing power through what is known as the State of Sits en banc or in divisions
the Nation Address • Qualifications
Residual Power 1. By appointment
Other powers: 2. 40 years of
Call to Congress to a special session 3. Natural born citizen
b.) Approve or veto bills 4. Judge or legal practitioner for 15 years
c.) Deport Aliens • Powers of the Supreme Court
d.) Consent to deputization of government personnel by COMELEC and discipline them • has jurisdiction over: involving ambassadors and public ministers Petitions for certiorari ,
e.) Exercise emergency (war, law, limited, necessary) and Tariff powers mandamus , quo warranto , prohibition & habeas corpus
f.) Power to classify or reclassify lands • Review judgments of lower courts ;involving constitutionality, legality of any tax, reclusion perpetua
and errors on questions of law
• Assignment of judges to the lower
• Order a change of venue for a trial
• Promulgate rules of court
• Appoint officials of the judiciary and hire employees for the judicial branch
• Judicial and Bar Council appointees to the Judiciary
• Rendering Court Decisions .Once a decision is reached, a SC Justice is assigned to write an
opinion
• The opinion is certified by the Chief Justice and served to the parties concerned
• Dissentions and abstentions must be explained The opinion must explain facts of law
 ARTICLE 9 cause provided by law. (Dishonesty, oppression or misconduct,habitual drunkenness, Neglect of duty,
Disgraceful or immoral conduct)
CONSTITUTIONAL COMMISSION
COMMISSION ON ELECTIONS (COMELEC)
INDEPENDENT CONSTITUTIONAL COMMISSIONS: Independent constitutional body, performing a very crucial role in the governance of the country. It was
1) CIVIL SERVICE COMMISSION (CSC) created for the purpose of ensuring free and honest elections and protecting the popular will of the
2) COMMISSION ON ELECTIONS (COMELEC) people as expressed in the ballot.
3) COMMISSION ON AUDIT (COA) Composition
INDEPENDENT BECAUSE...  Chairman and 6 Commissioners
• SALARY IS FIXED BY LAW AND NOT DECREASED DURING THEIR TERM Powers and functions
• FISCAL AUTONOMY  Enforce and administer all laws as regards the conduct of elections
• CAN PROMULGATE ITS OWN RULES CONCERNING PLEADINGS AND PRACTICE  Exercise original jurisdiction over all contests relating to elections for the regional, provincial
• CONGRESS CAN NOT ABOLISH BECAUSE IT IS GUARANTEED AND PROTECTED and city officials and appellate jurisdiction over municipal and barangay officials decided by
UNDER THE CONSTITUTION municipal courts
PROHIBITIONS:  Decide the number and location of all polling places, appointment of election officials and
 To hold any other office or employment registration of voters
 To engage in the practice of any profession  Deputize armed forces for elections
 Register political parties
 To engage in the active management or control of any business
 File petitions for exclusion or inclusion of voters, investigate violations of election laws
 To be financially interested in any contract with, or in any franchise granted by the  Recommend to Congress measures to minimize election spending
government.  Recommend to the President the removal of any officer or employee deputized
 Submit to the President and Congress a comprehensive report of each election, plebiscite,
CIVIL SERVICE COMMISSION (CSC) initiative, referendum or recall
Is the central personnel agency of the Philippine government. It is also tasked to render final  Section 4: During the election period, supervise the grant of franchise for operation of
arbitration on disputes and personnel actions on Civil Service matters. transportation and other public utilities
Core purpose:Gawing Lingkod Bayani ang Bawat Kawani(To make every civil servant a servant
hero) COMMISSION ON AUDIT (COA)
Composition: Has the responsibility of ensuring transparency and accountability on government services,
 Chairman and 2 Commissioners particularly in the use of public funds.
Coverage: All branches, subdivisions, instrumentalities, and agencies of the Government, including Composition
government-owned and controlled corporations  Chairman and 2 Commissioners
Powers and functions Powers
 Appointments according to merit and fitness The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all
 Removal or suspension according to law accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property,
 No electioneering or partisan political activity owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or
 Right to self-organization instrumentalities, including government-owned or controlled corporations with original charters, and
 Standardization of compensation on a post- audit basis:
 Constitutional bodies, commissions and offices granted fiscal autonomy
Regulation on Elective Officials  Autonomous colleges and universities
 Appointment of candidates who lost in the elections: 1 year after the election  Other GOCCs and subsidiaries
 Elective officials cannot concurrently hold appointive positions  NGOs receiving subsidy from government, directly or indirectly
 No double remuneration for election officials, except pensions and gratuities
EXCLUSIVE AUTHORITY: define the scope of its audit, establish techniques and methods,
Security of Tenure promulgate accounting rules and regulations
All government employees and officers of the Civil Service enjoy security of tenure. As such, they
cannot just be removed from office or suspended from service except on the ground of inefficiency or Note: No law shall be passed exempting an entity of government from audit:
 ARTICLE 10
SHARE OF LGUS IN NATIONAL WEALTH
LOCAL GOVERNMENT Share of LGUs in national wealth
1) LGUs are entitled to an equitable share in the proceeds of the utilization and development of
TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES the national wealth within their respective areas in the manner provided by law.
ARE THE: 2) This includes share the same with the inhabitants by way of direct benefits.
Composition: Under the LGC
1) Provinces 1) LGUs have a share of 40% of the gross collection derived by the national government from
2) Cities; the preceding fiscal year from:
3) Municipalities; and Mining taxes,Royalties,Forestry and fishery charges,Other taxes, fees and charges
4) Barangays Share in any co-production, joint venture or production sharing agreement in the utilization and
There shall be Autonomous regions in: development of the national wealth w/in their territorial jurisdiction
1) Muslim Mindanao, and
2) CordilLeras TERM OF OFFICE
LOCAL AUTONOMY Elective local officials officials have a term of 3 years.
 All political subdivisions shall enjoy local autonomy Limitations:
Local autonomy is the exercise of certain basic powers, i.e. police power, power of eminent domain, 1) No elective official shall serve for more than 3 consecutive terms
and taxing power, by local government units so as to best serve the interest and promote the general 2) Voluntary renunciation of office for any length of time shall not be considered as an
well being of their inhabitants. interruption in the continuity of his service for the full term for which he was elected.
CONGRESS SHALL ENACT A LOCAL GOVERNMENT CODE
 In 1991, Republic act No. 7160, otherwise known as the Local Government Code was enacted SECTORAL REPRESENTATION IN LGUS
into law, transferring control and responsibility of delivering basic services to the hands of local
CREATION, ABOLITION AND DIVISION OF LGU’S
government units (LGU)
1. Compliance with the requirements of the Local Government Code; and
2. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY
PRESIDENTIAL SUPERVISION OF LGUS
affected.
 Supervision of President
3. LGC requirements relate to matters such as population, revenue, and area requirements.
1) The President exercises general supervision over all LGUs
CITIES
2) The President exercises DIRECT supervision over
Classification of Cities:
 Provinces
1) Highly urbanized (as determined by law)
 Autonomous regions and
2) Component cities (cities still under provincial control); and
 Independent cities.
3) Independent component cities (non-highly urbanized cities whose voters are prohibited by
 3) This power is limited to ensuring that lower officers exercise their functions in accordance
thecity charter from voting in provincial elections)
with law.
REGIONAL DEVELOPMENT COUNCILS
 4) The president cannot substitute his judgment for that of an LGU official unless the latter is
acting contrary to law.
AUTONOMOUS REGIONS
 5) The President may, however, impose administrative sanctions against LGU officials, such as
 Where:
suspension for 120 days, and may even remove them from their posts, in accordance with law.
 1) Muslim Mindanao
 6) Provinces exercise direct supervision over component cities and municipalities.
 2) Cordillera region
 7) Cities and municipalities exercise direct supervision over component barangays.
LEGISLATIVE POWERS
EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES
PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY
OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC.
 Peace and Order
 It shall be the responsibility of the local police agencies.
LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY
 Defense and Security
LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM
 Internal Revenue Allotment (IRA)
 It shall be the responsibility of the national government