POLITICAL LAW
PUBLIC LAW - includes the
REVIEWER
● Fren Alexandra
MODULE 1 PART 2
Law - rule of conduct, just, obligatory
promulgated by legitimate authority, and of
common observance and benefit.
Elements:
1. It is a rule of conduct - Conduct is defined as
the way a person behaves at a particular
place or situation.
2. Law must be just - as guides for human
conduct, “should run as golden threads
through society, to the end that law may
approach its supreme ideal which is the way
and dominance of justice.
3. The law is obligatory - If laws are not
enforced, the purpose for which they are
intended will not be served.
4. Laws must be prescribed by legitimate
authority – compliance by the people.
5. Law must be ordained for common
observance and benefit - Principle of Salus
Populit Supreme Est Lex (Welfare of the
People is the Supreme Law)
Classifications:
1. Natural Law – an objective standard of right
and wrong based on a correct understanding
of human nature and discoverable by reason,
transcending positive laws and to which the
latter must conform – should be
uncontroversial.
2. Positive Law – means manmade law, created
by governments and responsive to the needs
of the state, the community and the people
Kinds of Natural Law:
1. Physical Law
2. Moral Law
3. Divine Law
Kinds of Positive Law:
1.
organization of the governments,
the limitations of its authority, the
powers and duties of the offices
and officers, and the obligations of
one state to another.
Kinds: Constitutional Law,
Administrative Law and
International Law
2. PRIVATE LAW - Body of rules which
creates duties, rights and
obligations, and the means and
methods of setting courts in
motion for the enforcement of a
right or a redress of wrong.
Kinds: Substantive Law and
Procedural Law
SOURCES OF LAW:
LEGISLATION – the power to create, amend or
revise the law is vested in the Congress.
CUSTOM – long established practice considered
as unwritten law.
PRECEDENT – past decision by the Supreme
Court, it is based on the Doctrine of Stare Decisis.
COURT DECISION - enforced authority by the
Supreme Court.
Elements for Custom to have the force of law:
First A custom must be proved as a fact according
to the rules of evidence (Article 12 of the New
Civil Code)
Second The custom must not be contrary to law
(Article 11 of the New Civil Code)
Third There must be number of repeated acts and
these repeated acts must have been uniformly
performed;
Fourth There must be judicial intention to make a
rule of social conduct
 Fifth A custom must be acknowledged and
approved by society through long and
uninterrupted usage.
EIGHT BAR SUBJECTS:
1. Political Law – is the branch of public law
which deals with the organizations and
operations of the government, organ of the
state and defines
1. Labor Law – includes all rules of law
governing the conditions under which may
persons work under the control of other
persons called employers.
2. Civil Law – mass of percepts that determine
and regulate the relations of assistance,
authority and obedience among members of
family, and those which exist among
members of society for the protection of
private interest.
3. Taxation Law – process by which the
sovereign, through its law-making body, races
use to defray expenses of government.
4. Mercantile (Commercial) Law – broad area of
the law, statutes, cases and customs which
deals with trades, sales, buying selling
transportation, contracts and all forms of
business transactions.
5. Criminal Law – branch of public which
defines crimes, treats of their nature and
provides for their punishments.
6. Remedial (Procedural) Law – provides for the
remedies and the procedure to be observed
by the way of enforcing rights and
obligations.
7. Legal and Judicial Ethics – standards and
norms that can bear on lawyers and judges
which covers matters on the practice of law.
MODULE 2 PART 3:
What is Political Law?
● branch of public law which deals with the
organization and operation of the
governmental organs of the State and
defines the relations of the State with the
inhabitants of its territory.
CONSTITUTIONAL LAW
● the study of the maintenance of the
proper balance between authority as
represented by the three inherent powers
of the State and liberty as guaranteed by
the Bill of Rights.
Constitution
● a written enactment by the direct action
of the people by which the fundamental
powers of the government are
established, defined, and limited and by
which those powers are distributed
among the several departments for their
safe and useful exercise for the benefit of
the body politic.
Doctrine of Constitutional Supremacy
● law or contract violates any norm of the
Constitution, that law or contract
whether promulgated by the legislative or
by the executive branch of the
government or entered into by private
persons for private purposes is null and
void and without any force and effect
Basic Principles of the Constitution (Suarez):
. It is the supreme law of the land. It is a
legislation direct from the people acting in
their sovereign capacity, hence, it is more
superior than an ordinary law or statute
which is merely a legislation from the
people’s representatives subject to
limitations prescribed by the Constitution.
2. It is the symbol and monument of the
people’s will. As such, it should be submitted
for ratification of the people.
3. It outlines the infrastructure of the
government.
4. It must be obeyed by all. It governs the poor
and the rich, the governed and the governors.
5. The courts are the ultimate guardian of the
Constitution.
Difference of Constitution and Statute
1. Constitution is primary while Statute is
Secondary.
2. The Constitution is fixed and certain while
Statutes are flexible and can be easily altered
Purpose of the Constitution:
● to prescribe the permanent framework of
a system of government, to assign to the . Constitutional Provisions are considered as
different departments their respective
powers and duties, and establish certain
fixed principles on which the government
is founded.
Three Essential Parts of a Written Constitution
a. Constitution of Liberty
b. Constitution of Government
c. Constitution of Sovereignty
Construction and Interpretation of the
Constitution:
1. Verba Legis (Plain Meaning Rule) – cardinal
rule in statutory construction is that when
the law is clear and free from any doubt or
ambiguity, there is no room for construction
or interpretation.
. Ut res magis valeat quam pereat – Civil
iberties Union vs. Executive Secretary, the
Court affirmed that: “it is a well-established
rule in constitutional construction that no
one provision of the Constitution is to be
separated from all the others, to be
considered alone, but that all the provisions
bearing upon a particular subject are to be
brought into view and to be so interpreted as
to effectuate the great purposes of the
instrument.
. Ratio Legis Est Anime Legis – Constitution
should be interpreted in accordance with the
intent of its framers. The intent of the
framers may be drawn primarily from the
language of the document itself. Should it be
ambiguous, the Court may consider the
intent of its framers through their debates in
the constitution
self-executing provisions – provisions which
is complete in itself and becomes operative
without the aid of supplementary or enabling
legislation, or that which supplies sufficient
rule by means of which the right it grants may
be enjoyed or protected, is self-executing.
Non-Self-Executory Provisions of the
Constitution:
Provisions on Article II on “Declaration of
Principles and State Policies;
Article XIII on “Social Justice and Human
Rights”
Article XIV on “Education, Science and
Technology, Arts, Culture and Sports
. Liberal Construction and its Exceptions
General Rule: The Constitution Shall be liberally
construed in order to accomplish its objectives
 and purposes as well as to fulfill the general
principles and policies enshrined by the people.
Exception to the liberal construction: Prohibitory
provisions of the Constitution shall be strictly
construed.
6. In case of doubt, provisions of the
Constitution should be considered as
mandatory rather than directory;
prospective rather than retrospective.
MODULE 1 PART 4:
Amendment vs. Revision
● Amendment is an isolated or piecemeal
change merely by adding, deleting, or
reducing without altering the basic
principles involved. In revision, it is the
rewriting, revamping or overhauling the
entire instrument altering the substantial
entirety of the Constitution.
PROPOSAL
● THE CONGRESS, UPON A VOTE OF THREE
FOURTHS (3/4) OF ITS MEMBERS MAY FORM
A CONSTITUENT ASSEMBLY;
● VOTE OF 2/3 OF ALL ITS MEMBERS; OR VOTE
OF MAJORITY OF ALL ITS MEMBERS, SUBMIT
TO THE PEOPLE (ELECTORATE) THE QUESTION
OF CALLING SUCH A CONVENTION,
● PEOPLE'S INITIATIVE
The amendment to or revision of the Constitution
must be submitted to the people in a plebiscite called
for the purpose not earlier than sixty (60) days nor
later than ninety (90) days after the approval of such
amendment or revision. Any amendment to the
Constitution undertaken by virtue of the people’s
right on initiative shall be submitted also within the
same period after certification by the COMELEC of the
sufficiency of the petition. (Section 4, par. 2, Article
XVII)
Doctrine of Proper Submission
THE PLEBISCITE MAY BE HELD ON THE SAME
DAY AS REGULAR ELECTION, PROVIDED THE
PEOPLE ARE SUFFICIENTLY INFORMED OF THE
AMENDMENTS TO BE VOTED UPON, TO
CONSCIENTIOUSLY DELIBERATE THEREON, TO
EXPRESS THEIR WILL IN A GENUINE MANNER.
THE SUBMISSION OF PIECE-MEAL
AMENDMENTS IS UNCONSTITUTIONAL. ALL
AMENDMENTS MUST BE SUBMITTED
FOR RATIFICATION AT ONE PLEBISCITE ONLY.
PEOPLE'S INITIATIVE
● INITIATIVE IS THE POWER OF THE PEOPLE
TO PROPOSEB AMENDMENTS TO THE
CONSTITUTION OR TO PROPOSE AND
ENACT LEGISLATIONS THROUGH AN
ELECTION CALLED FOR THE PURPOSE
SYSTEMS OF INITIATIVE
1. INITIATIVES on THE
CONSTITUTION WHICH REFERS TO
A PETITION PROPOSING
AMENDMENTS TO THE
CONSTITUTION;
2. INITIATIVE ON STATUTES WHICH
REFERS TO PETITION PROPOSING
TO ENACT A NATIONAL
LEGISLATION; AND
3. INITIATIVE ON LOCAL LEGISLATION
WHICH REFERS TO A PETITION
PROPOSING
4. TO ENACT A REGIONAL,
PROVINCIAL, CITY, MUNICIPAL, OR
BARANGAY LAW, RESOLUTION
5. OR ORDINANCE.
 LIMITATIONS ON NATIONAL INITIATIVES
● THE POWER OF LOCAL INITIATIVE SHALL
EXERCISED FIVE (5) YEARS AFTER THE
RATIFICATION OF THE 1987 CONSTITUTION;
● THE POWER MAY BE EXERCISED ONLY ONCE
EVERY FIVE YEARS THEREAFTER
● 12% OF THE TOTAL NUMBER OF VOTER WITH
3% FOR EVERY LEGISLATIVE DISTRICT
LIMITATIONS ON LOCAL INITIATIVES
● SHALL NOT BE EXERCISED MORE THAN ONCE
A YEAR
● ONLY TO SUBJECT MATTERS WITHIN THE
LEGISLATIVE POWERS
● NO LEGISLATIVE ADOPTION
Referendum
● POWER OF THE ELECTORATE TO APPROVE OR
REJECT A
● LEGISLATION THROUGH AN ELECTION CALLED
FOR THE PURPOSE.
Two classes:
● ON STATUES WHICH REFERS TO A PETITION
TO APPROVE OR REJECT AN ACT OR LAW, OR
PART THEREOF, PASSED BY CONGRESS, AND
● REFERENDUM ON LOCAL LAW WHICH REFERS
TO A PETITION TO APPROVE OR REJECT A
LAW, RESOLUTION OR ORDINANCE ENACTED
BY REGIONAL ASSEMBLIES AND LOCAL
LEGISLATIVE BODIES.
PROHIBITED MEASURES ON INITIATIVE AND
REFERENDUM
(A) NO PETITION EMBRACING MORE THAN ONE
(1) SUBJECT SHALL BE SUBMITTED
TO THE ELECTORATE; AND
(B) STATUTES INVOLVING EMERGENCY
MEASURES, THE ENACTMENT OF WHICH ARE
SPECIFICALLY
VESTED IN CONGRESS BY THE CONSTITUTION,
CANNOT BE SUBJECT TO REFERENDUM UNTIL
NINETY (90) DAYS AFTER ITS EFFECTIVITY
LEGISLATIVE DEPARTMENT:
Legislative power is the authority to make
laws and to alter or repeal them.
determine the legislative policy
formulate and promulgate
Nature of Legislative Power
It is a well settled principle in constitutional
law that the power of Congress is plenary,
unlimited, absolute and general, practically
covering broad areas of concern, subject only
to the limitations prescribed by the
Constitution.
Plenary,unlimited,absolute,general
Classification of Powers of Congress
Legislative Power in General - refers to the power
to enact laws which includes the power to alter or
repeal them.
Specific Legislative Power - power expressly
conferred by the constitution.
Ex. power of appropriation, power of taxation,
power of expropriation.
Non-Legislative Power - powers which are not
basically legislative in nature but which are
performed by congress.
ex. power to approve amendment to the
constitution power to impeach, power to canvass
presidential elections, itc.
Implied Power - power are not expressly
conferred by the constitution but which are
implied for those expressly granted.
ex. power to punish or declare a person in
contempt during or in the course of
legislative investigation.
Inherent Power - power which is inherent to the
exercise or legislative power.
ex. power to determine rules of proceedings.
Limitation on Legislative Power
1. Substantive limits- speech and expression e,g
rights,alive,respect,obligations
2. Procedural limits
manner of passing the law
Where does the Constitution vest legislative
power?
SECTION 1. The legislative power shall be vested
in the Congress of the Philippines which shall
consist of a Senate and a House of
Representatives, except to the extent reserved to
the people by the provision on initiative and
referendum.
Legislative power is vested in the Congress of the
Philippines which shall consist of the Upper
House
Allows for a body of national perspective to
(Senate) and the Lower House (Houseof
Representatives), except those reserved to the
people by
initiative and referendum.
Advantages of Bicameralism (two houses):
Allows for a body of national perspective to check
the parochial tendency of representatives elected
by the districts.
allows for more careful study of legislation
makes the legislature less susceptible to control
by the Executive.
serves as training ground for national leaders
Disadvantages of Bicameralism:
1. The bicameral set-up is more expensive
2. Entails delay in the passage of important and
urgent bills due to complexity of legislative
process, and
3. Inter-chamber bickering and deadlocks impairs
efficiency
Advantages of Unicameralism (one house):
1. advantages of organization resulting in
economy;
2. Facility in pinpointing responsibility for
legislation
3. Avoidance of duplication
Kinds of Legislative power in Republican
systems:
1. Original Legislative Power - possessed by the
sovereign people. Derivative Legislative power is
that which has been delegated by the sovereign
people to legislative bodies and is subordinate to
the original power of the people.
2. Constituent Legislative Power - power to
amend or revise the constitution. Ordinary
Legislative Power power to pass ordinary laws.
Non-Legislative Powers vested to Congress:
1. Power to confirm Presidential Appointments
(Sec. 16, Article VI)
2. Power of impeachment (Sec.3, Article XI)
3. Power to declare the existence of a state of war
(Sec.23[1], Article VI)
4. Power to concur or confirm an amnesty
granted by the President (Sec. 19, par.2, Article
VII)
5. Power to canvass the votes based on the return
of every election for President and VicePresident
(Sec.4, par. 4, Article VII)
6. Power to propose amendment or revision of
the Constitution upon a vote of ¾ of all the
members of the Congress (Sec.1, Article XVII) 7.
Power to ratify treaties granted to the Senate
(Sec. 21, Article VII)
May Congress pass irrepealable laws?
Irrepealable laws are laws that are permanent
and cannot be amended or changed. The
Congress is prohibited to pass irrepealable laws as
it conflicts the plenary nature of legislative
powers.
Delegation of Legislative Power
Principle: Potestas Delagata Non Delegari Potest
(No delegated powers can be further delegation)
Legislative power cannot be delegated as it must
remain where the people have lodged it.
Exceptions where legislative power large by the qualified voters of the
may be delegated: Philippines, as may be provided by law.
Summary of Composition
When authorized by the Constitution, such as:
a. The Congress may by law grant emergency
powers to the President (Sec. 23[2], Article VI)
b. Congress may by law grant tariff powers to the
President (Sec. 28[2], Article V
Legislative powers may be delegated to local
government
a. Police power has been expressly delegated to
LGU
b. Power of local eminent domain

Legislative Powers may be delegated to the

people through referendum (method
of submitting an important legislative measure to
a direct vote of the whole people) and
plebiscite (a devise to obtain a direct popular vote
on a matter of political importance.)

Important:

• What is delegated to administrative agencies is

not legislative or law-making power but
rule-making power or law execution.
Administrative agencies may be allowed either to
“fill up the details'' of an already complete statute
or to ascertain facts necessary to bring a
“contingent” law into actual operation.
• To be a valid delegation, the delegating law
must (a) be complete in itself – It must Qualification of Senators
set forth therein the policy to be carried out or SECTION 3. No person shall be a Senator unless
implemented by the delegat and (b) fix a standard he is a natural-born citizen of the Philippines,
– the limits of which are sufficiently determinate and, on the day of the election, is at least
or determinable – to which the delegate must thirty-five years of age, able to read and write, a
conform in the performance of his functions. registered voter, and a resident of the
Philippines for not less than two years
• Contingency legislation is a legislation that is a immediately preceding the day of the election.
valid delegation. It is where the effectivity of law
is made dependent on the verification by the
executive of the existence of certain conditions
(Abakada Guru Party List Officers vs. Executive
Secretary, September 1, 2005)
Composition of Senate
SECTION 2. The Senate shall be composed of
twenty-four Senators who shall be elected at
 5. Registration a method or proof prescribe by
asserting the electors who are qualified to cast
votes

6. Residence - as used in the election law, is

synonyms with domicile which imports not only
the intention to reside (animus manendi),
(animus revertendi)

Qualification of Senators SECTION 3.

Term of Office of Senators
No person shall be a Senator unless he is a
SECTION 4. The term of office of the Senators
natural-born citizen of the Philippines, and, on
shall be six years and shall commence, unless
the day of the election, is at least thirty-five years
otherwise provided by law, at noon on the
of age, able to read and write, a registered voter,
thirtieth day of June next following their election.
and a resident of the Philippines for not less than
two years immediately preceding the day of the
No Senator shall serve for more than two
election.
consecutive terms. Voluntary renunciation of the
office for any length of time shall not be
The qualifications can neither be added or
considered as an interruption in the continuity of
subtracted from by any legislative or executive
his service for the full term for
action. Under the principle of inclusio unios est
which he was elected.
exclusion alterius, what has been included in the
SECTION 6. No person shall be a Member of the
proviso, no man can then exclude.
House of Representatives unless he is a
1. Natural Born Citizens -is one who is a citizen
natural-born citizen of the Philippines and, on the
of the philippines
day of the election, is at least twenty-five years of
2. Age Qualification -age qualification must be
age, able to read and write, and, except the
possessed on the day of the election.
party-list representatives, a registered voter in the
3. Able to Read and Write - a college dropout
district in which he shall be elected, and
can be a senator or congressman so long as he is
a resident thereof for a period of not less than
able to read and write.
one year immediately preceding the day of the
4. Registered Voter - is one who is duly registered
election.
in the list of the voters because he possesses the
SECTION 7. The Members of the House of
qualification of suffrage.
Representatives shall be elected for a term of
three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of
June next following their election.
Term vs. Tenure
The term means the period of time during which
the officer may claim to hold office as of right,
and fixes the interval after which the several
incumbents shall succeed one another (Oliveros
vs. Villaluz). The tenure represents the term
during which the incumbent actually holds the
office. The term of office is not affected by the
hold-over. The tenure may be shorter than the
term for reasons or beyond the power of
the incumbent (Nuevo vs. Angeles)
A. District Representatives
District Representatives area those representing
which district is one created by law.
B. Party-List Representatives
The party-list system is a mechanism of
proportional in the election of representatives to
the House of Representatives from national,
regional and sectoral parties or organizations or
coalitions thereof registered with the Commission
on Elections (COMELEC).
Kinds of Party:
a. A political party - organized group of citizens
advocating and ideology or platform, principles
and policies for the conduct of government.
b. It is a national party - consistency is spread
over the geographical territory of at least a
majority of the regions.
c. A sectoral party - organized group of citizens
belonging to any of the sectors enumerated in
section 5 hereof whose principal advocacy
pertains to the special interest and concerns of
their sectors.
Guidelines for the Party-List System (Atong
Paglaum, Inc. vs. COMELEC GR No. 203766 April
2, 2013)
1. Three different groups may participate in the
party-list system:
(1) national parties or organizations,
(2) regional parties or organizations, and
(3) sectoral parties or organizations
2. National parties or organizations and regional
parties or organizations do not need to organize
along sectoral lines and do not need to represent
any “marginalized and underrepresented”
sector.
4. Sectoral parties or organizations may either be
“marginalized and underrepresented” or lacking
in “well-defined political constituencies.” It is
enough that their principal advocacy pertains to
the special interest and concerns of their sector.
The sectors that are “marginalized and
underrepresented” include labor, peasant,
fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and
overseas workers. The sectors that lack
“well-defined political constituencies” include
professionals, the elderly, women, and the youth.
5. A majority of the members of sectoral parties
or organizations that represent the “marginalized
and underrepresented” must belong to the
“marginalized and underrepresented” sector they
represent. Similarly, a majority of the members of
sectoral parties or organizations that lack
“well-defined political constituencies” must
belong to the sector they represent. The
nominees of sectoral parties or organizations that
represent the “marginalized and
underrepresented,” or that represent those who
lack “well-defined political constituencies,” either
must belong to their respective sectors, or must
have a track record of advocacy for their
respective sectors. The nominees of national and
regional parties or organizations must be
bona-fide members of such
parties or organizations.
6. National, regional, and sectoral parties or
organizations shall not be disqualified if some of
their nominees are disqualified, provided that
they have at least one nominee who remains
qualified.
Grounds for the Denial or Cancellation of
Party-List Registration with COMELEC (Sec. 6, RA
7941)
Section 6. Removal and/or Cancellation of
Registration. - The COMELEC may motu proprio
or upon verified complaint of any interested
party, remove or cancel, after due notice and
hearing, the registration of any national, regional
or sectoral party, organization or coalition on any
of the following grounds
1. It is a RELIGIOUS, organization or association
organized for religious purposes;
2. It advocates VIOLENCE or unlawful means to
seek its goal;
3. It is a FOREIGN party or organization;
4. It is receiving support from ANY FOREIGN
government, political party, foundation,
organization, whether directly or through any of
its officers or members or indirectly through third
parties for partisan election purposes;REASON :
CONFLICT OF INTEREST
5. It VIOLATES to comply with laws, rules or
regulations relating to elections;
6. It declares UNTRUTHFUL STATEMENTS in its
petition;
7. It has ceased to exist for at least (1) ONE YEAR;
or
8. It fails to participate in the last (2) preceding
elections or fails to obtain at least two percentum
(2%) of the votes cast under the party-list system
in the PERCENTUM preceding elections for the
constituency in which it has registered.
Parliamentary Immunities
Immunity from Arrest and Privilege Speech and
Debate
SECTION 11. A Senator or Member of the House
of Representatives shall, in all offenses punishable
by not more than six 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.
Immunity from Arrest
Purpose: to ensure REPRESENTATION of the
constituents by the Members of Congress by
preventing attempts to keep him from attending
its sessions
• Conditions for the immunity:
o the offense committed does not carry a penalty
of not more than 6 YEARS of
imprisonment, and
o the Congress is in SESSION , regular or special
o “Session” refers to the entire period of
convening, that is from the opening of the
Congress until its final adjournment and does not
refer to the daily meetings of Congress
• The conditions for immunity cannot be
extended by intendment, implication or equitable
consideration. Hence, the term 6 years cannot be
changed by ordinary legislation.
Privilege Speech and Debate
• Purpose: to provide the legislator more
freedom in expressing his views on matters
invested with,public interest without FEAR OF
ACCOUNTABILITY outside the halls of Congress for
his inability to support his statements with the
usual evidence required in the court of justice.
• Limitation: The Member of Congress can be
held liable for his speech and debate whenever
his
words and conduct are considered disorderly or
unbecoming a member thereof o Basis:
“questioned nor be held liable in any other
place…” which means that the
Member of Congress can be held accountable in
their respective House
• Speech or Debate refers to any activity or act
performed by a Member of Congress in his
official capacity (Jimenez vs. Cabangbang). It
refers to utterances made by a Congressman in
his official capacity, such as speeches delivered,
statements made, or votes cast in the halls of
Disclosure of Interest
SECTION 12. All Members of the Senate and the
House of Representatives shall, upon assumption
of 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.
Prohibitions for the Members of the Congress
A. Incompatible and Forbidden Office
SECTION 13. No Senator or Member of the House
of Representatives may hold any other office or
employment in the Government, or any
subdivision, agency, or instrumentality thereof,
including government-owned or controlled
corporations or their subsidiaries, during his term
without forfeiting his seat.
Incompatibility of offices exists where there is a
conflict in the duties of the office, so
that the performance of the duties of one
interferes with the performance of the duties of
the other.
Basis of incompatibility: where the functions are
inherently inconsistent, repugnant, so that
because of the contrariety and antagonism, which
would result from the attempt of one person to
discharge faithfully, impartially, and efficiently the
duties of both office, considerations of public
policy render it improper for an incumbent to
retain both.
Purpose of the Rule: to preserve the legislature in
accord with the principle of separation of powers.
Forbidden office – when a member of Congress is
willing to forfeit his position as a legislator, he
may not still be appointed to any office in the
government if that has been created or the
emoluments thereof have been increased during
his term
B. Other Prohibitions
SECTION 14. No Senator or Member of the House
of Representatives may personally appear as
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 where he may be called upon to act on
account of his office
Purpose of Section 14: to forestall any possibility
of TAKING ADVANTAGE of a Member of Congress
of his position in dealing with the courts and
other government offices, or in their personal or
business transactions.
a. Prohibition to appear as counsel
No Senator or Member of the House of
Representatives may personally appear as
counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other
administrative bodies
b. Financial interest with government contracts
and franchises 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.
c. Intervention
He shall not intervene in any matter before any
office of the Government for his pecuniary
benefit or where he may be called upon to act on
account of his office.
Holding of Elections
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
Vacancies for any Member of Congress
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
-12 SENATORS /13TH SENATORS
-SELECTION A (3 YEARS) (3YRS ) B
Conduct of Business
A. Sessions
SECTION 15. The Congress shall convene once
every year on the fourth 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
days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session
at any time- SONA

B. Officers of 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.

The officers of Congress includes the Senate

President, the Speaker of the House of
Representatives and such other officers as
each House may deem necessary such as the
Deputy
Speakers, Majority Floor leader, Minority Floor
leader, the Secretary General,
Sergeant-At-Arms,
etc.
C. Quorum
SECTION 16. (2) A majority of each House shall
constitute a quorum to do business, but a 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.
Quorum is the number required to enable a body
or group to transact a business. The quorum is
based on the proportion between those physically
present and the total membership of the body.
Voting Separately
a. Determination of President’s inability to
discharge powers and duties of his office
b. Confirming the nomination of Vice-President
c. Declaring the existence of a state of war
Voting Jointly
a. Revocation or extension of the proclamation of
martial law
b. Suspending the privilege of writ of habeas
corpus,
c. Under Statutory Construction, when the
constitution is silent, the presumption is that
the two houses may vote separately
D. Rules of Proceedings and Discipline of
Members
SECTION 16. (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 days- ⅔,
SUPREME COURT
To whom Judicial Power is Vested
Section 1. The power shall be vested in one
Supreme Court and in such lower court as may be
established law.
Judicial power 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.
Purpose of Requirement of Journal:
a. To insure publicity to the proceedings of the
legislature, and a correspondent
responsibility of the members to their respective
constituents, and
b. To provide proof of what actually transpired in
the legislature
Matters required to be entered in the Journal:
a. The yes and nays on any question at the
request of at least 1/5 of the members present
(Sec.
16(4), Art. VI)
b. The yes and nays of the last reading of a bill
(Sec. 26(2), Art. VI)
c. Objections of the President when he vetoes a
bill (Sec. 27(1), Art. VI)
d. The yes and nays and the names of the
Members of each House constituting two-thirds
vote
of each House, voting separately, when it
overrides the veto of the President (Sec. 27(1),
Art.
VI)
e. The vote of each member of the House,
constituting one-third of all the Members, who
voted
to affirm or override a resolution on the Articles
of Impeachment of the Committee (Sec. 3(3,
Art. XI)
Matters that may not be kept in the Journal:
a. The yes and nays on any question at the
request of at least 1/5 of the members present
(Sec.
16(4), Art. VI)
b. The yes and nays of the last reading of a bill
(Sec. 26(2), Art. VI)
c. Objections of the President when he vetoes a
bill (Sec. 27(1), Art. VI)
d. The yes and nays and the names of the
Members of each House constituting two-thirds
vote
of each House, voting separately, when it
overrides the veto of the President (Sec. 27(1),
Art.
VI)
e. The vote of each member of the House,
constituting one-third of all the Members, who
voted
to affirm or override a resolution on the Articles
of Impeachment of the Committee (Sec. 3(3,
Art. XI)
Enrolled bill doctrine is where there is:
a. Signing of a bill by the Speaker of the House
and the President of the Senate, and
b. Certification by the secretaries of both Houses
of Congress that such bill was passed
(Arroyo vs. De Venecia, August 14, 1997
F. Adjournment or Recess
SECTION 16. (5) Neither House during the
sessions 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
Mandatory Recess – one that is prescribed for
the 30-day period before the opening of the next
regular session, exclusive of Saturdays, Sundays
and legal Holidays. It is the minimum period of
recess and may be extended or increased by
Congress. However, Congress may validly
continue enacting bills even beyond the
prescribed period of adjournment which is called
as sine die session (literally means, hands of the
clock are stayed).
Electoral Tribunals
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
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 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.
Meaning of Election, Returns and Qualifications.
It should be interpreted in its totality as referring
to all matters affecting the validity of the
contestee’s title.
Election – refers to the conduct of the polls,
including the listing of voters, the holding of the
electoral campaign, and the casting and counting
of votes;
Returns – to the canvass of the returns and the
proclamation of winners, including questions
concerning the composition of the board of
canvassers and the authenticity of the election
returns, and
Qualifications – matters that could be raised in a
quo warranto proceeding against the proclaimed
winner, (e.g. disloyalty or ineligibility, inadequacy
of his certificate of candidacy).
Requirements to pass the case from COMELEC to
Electoral Tribunals: Once a winning candidate
has been
a. Proclaimed
b. Taken his oath, and
c. Assumed office as a Member of Congress
(Aggabao vs. COMELEC, January 26, 2005)
Composition of the Electoral Tribunals:
a. SET –9 MEMBERS (3SC JUSTICES DESIGNATED
BY CJ ,AND 6 SENATORS BASED ON
PROPORTIONATE REPRESENATTION FROM
POLITICAL PARTY )
b. HRET - 9 MEMBERS ( 3 SC JUSTICES
DESIGNATED BY CJ, AND 6 MEMBERS OF THE
HOUSE REPRESENTATION FROM POLITICAL
PARTIES)
Commission on Appointments (CA)
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 parties or organizations
registered under the party-list system represented
therein. The Chairman of the Commission shall
not vote, except in case of a tie. 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.
Function of CA: CA acts as legislative check on the
appointing authority of the President. For the
effectivity of the appointment, the consent of CA
is needed.
Composition of CA:
1. Senate President as ex officio chairman;
2. Twelve (12) Senators;
3. Twelve (12) Members of the House of
Representatives;
Jurisdiction of CA: The CA shall confirm the
following appointments by the President:
1. Heads of executive departments, except in an
instance when the Vice President is appointed as a
cabinet member or as an ambassador, public
minister, or consul;
2. Ambassadors, other public ministers, or
consuls;
3. Officers of the Armed Forces of the Philippines
(AFP) from the ranks of Colonel or Naval Captain;
4. Other officers whose appointments are vested
in him by the Constitution, such as:
a. Regular members of the Judicial and Bar
Council;
b. Chairmen and Commissioners of Independent
Constitutional Commissions.
Constitutional Parameters in Performing Its
Function:
1. CA shall rule by a majority vote;
2. Chairman shall not vote except in case of a tie;
3. CA shall act on all appointments submitted to it
within 30 session days;
4. CA shall meet only while the Congress is in
session, at the call of its chairman or a majority
of all its members.
Other Limitations on Confirmatory Power:
1. Congress cannot by law prescribe that the
appointment of a person to an office be subject to
confirmation by CA;
2. Appointments extended by the President while
Congress is not in session shall only be effective
until disapproval by the CA or until the next
adjournment of Congress;
3. THE CA is independent from Congress and
beyond the scope of judicial review.
Provision Common to Electoral Tribunals and
Commission on Appointments
SECTION 19. The Electoral Tribunals and the
Commission on Appointments shall be
constituted within thirty 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.
Records and Books of Account
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 Member.
Powers of Congress
Legislative Powers and Non-Legislative Powers
Two Types of Powers of Congress:
a. Legislative power- is the power to enact, alter
or repeals law
b. Non-legislative powers- are powers duties that
are not connected with the legislation
Limitations on Legislative Powers:
Express limitations- those provide in the
constitution which includes the declaration of
principles of state policies.
Two types of express limitations:
. Substantive limitations- which affect the very
nature,quality,content,and substance of the bill.
a. Congress cannot pass IRREPEALABLE LAWS;
b. Congress cannot pass EX POST FACTO LAW or
bill of attainder;
c. Congress cannot increase the APPROPRIATION
recommended by the President for
the operation of the government as specified in
the budget;
d. Every bill passed by Congress shall embrace
ONE SUBJECT which shall be
expressed in the title thereof;
e. 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 any priest, preacher,
minister, or other religious teacher, or dignitary as
such, except when is assigned to the armed
forces, or to any penal institution, or government
orphanage or leprosarium;
f. No law shall be passed increasing the
APPELLATE JURISDICTION of the Supreme Court
without
its advice and concurrence;
g. Congress cannot enact a law granting title or
______________ or ______________
Process in the Enactment of Bills
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 House shall become a
law unless it has passed three readings on
separate days,and printed copies thereof in its
final form have been distributed to its Members
three days before its passage, except when the
President certifies to the necessity of its
immediate enactment to meet a public calamity
or emergency. 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.
1. A member of Congress or the people through
the power of indirect initiative under RA 6735
submits the bill;
2. The bill is filed with the Secretary of the House
concerned who calendars it for the First Reading
where the title of the bill is read and the
President Officer refers the bill to the appropriate
committee to study and/or report its
recommendation;
3. The concerned committee reports out the bill,
favorably or with amendment, or files a
substitute bill, after which it is calendared for the
Second Reading;
4. During the Second Reading, the bill is read and
is subjected to floor discussion , debate and
amendment or assertion;
5. If approved on the Second Reading, copies of
the bill in its final form are printed and distributed
to the Members three days before it is calendared
for the Third or Final Reading, except when the
President certifies to the necessity of its
immediate enactment to meet a public
calamity or emergency;
6. In the Third Reading, the title of the bill is again
read. No amendment shall be allowed and the
vote thereon shall be taken immediately
thereafter;
7. If the House concerned approves the bill, it is
sent to the other House, where it will undergo the
same process and if approved, the enrolled bill is
sent to the President for appropriate action.
8. If the versions from the House of
Representative are different from the Senate, a
Bicameral Conference Committee shall be created
to resolve any variance between the versions.
The members of the committee are taken from
both chambers. The committee may adopt either
version of the bill in its entirety, or amend, revise,
or reconcile the two versions, or entirely
propose new version or provision not found in
either of the two versions, for as long as such
amendment, modification, or change is germane
to the subject of the bill under consideration.
When Does a Bill Become a Law?
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
the Members of that House, it shall become
a law. In all such cases, the votes of each House
shall be determined by yeas or 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 thirty 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 item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect
the item or items to which he does not object.
Veto Power of the President
Veto power is the power of the President to
refuse to approve a bill or joint resolution and
thus prevent its enactment into law.
GR: If the President disapproves a bill, he should
veto it in its entirety. He is not allowed to
veto separate items (“item veto”)
Exception: in cases of appropriation,
revenue and tariff bills (Sec. 27(2), Art. VI)
Doctrine of Inappropriate provisions – items in
appropriation bill that is constitutionally
inappropriate. A provision that is constitutionally
inappropriate for an appropriation bill may be
even if it is not an appropriation or revenue item.
In essence what this means is that the President
may veto “riders” in an appropriation bill.
A. Power of Appropriation
SECTION 29. (1) No money shall be paid out 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.
(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.
One of the power of Congress is the “POWER OF
PURSE ” because the Congress has the power to
determine the budget of the government through
the enactment of an appropriation bill.
An appropriation refers to an authorization made
by law or other legislative enactment, directing
payment out of GOVERNMENT funds under
specified conditions or for specified purposes
(Sec.2(1), Chapter 1, Book VI, EO NO. 292) Rule:
No money shall be paid out of the treasury except
in pursuance of an appropriation made by law.
Doctrine of Augmentation
It is the prohibition against transfer of
appropriations, however the following 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 provided that the
following requisites are present
(Araullo vs. Aquino GR NO. 209287, July 1, 2014):
a. There is a law authorizing the President, the
President of the Senate, the Speaker of the
House of Representatives, the Chief Justice of the
SC, and the heads of the Constitutional
Commissions to transfer funds within their
respective offices;
b. The funds to be transferred are saving
generated from the appropriations for their
respective offices; and
c. The purpose of transfer is to augment an item
in the general appropriations law for their
respective offices.
B. Oversight Powers of Congress (Inquiries in Aid
of Legislation and Question Hour)
Oversight Power is the power of the legislative
branch over the executive branch. It includes
REVIEW,MONITORING,AND SUPERVISION OF
AGENCIES ,PROGRAMS, ACTIVITIES,AND POLICY
IMPLEMENTATION.it serves as a CHECK,BALANCE
BY CONDUCTING BY INVESTIGATIONS.legislative
hearings by congressional committees and review
and study conducted by each committee.
The acts done by Congress purportedly in the
exercise of its oversight powers may be divided
into three categories, namely: SCRUTINY ,
INVESTIGATION and SUPERVISION (ABAKADA
Guro Party List
vs. Purisima, GR No. 166715, August 14, 200
1. Legislative Inquiry
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.
Purpose of Section 21: Investigation in aid of
legislation
Inquiries in aid of legislation are undertaken as
tools to enable the legislative body to gather
information and, thus, legislate wisely and
effectively; and to determine whether there is a
need to improve existing laws or enact new or
remedial legislation, albeit the inquiry need not
result in any potential legislation.
Limitations on Legislative Investigation:
a. The witness is entitled to constitutional rights
to constitutional and against self-incrimination
even if the investigation is not a criminal
investigation as the information divulged therein
may be used in criminal prosecution.
b. The rules of procedures to be followed shall be
punished for the guidance of those
who will be summoned.
c. The investigation must be in aid of legislation
d. Congress may not summon the President as
witness or investigate the latter in view of the
doctrine of separation of powers except in
impeachment cases;
e. Congress may no longer punish the witness in
contempt after its final adjournment. The
the basis of the power to impose such a penalty is
the right to self-preservation. And such right is
enforceable only during the existence of the
legislature.
2. Question Hour
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 rules 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 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 executive session
Section 22 formalizes the “oversight function” of
Congress. The special mention of heads of
departments was put in was intended to forestall
any objection to a department head’s appearance
in Congress. Such function Is intended to enable
Congress to determine how laws it has passed are
being implemented. In deference to separation of
powers, however, and because Department
Heads are alter egos of the President, they may
not appear without the permission of the
President.
C. Contempt Powers
Contempt power means the power of public
institutions such as Congress or a court to punish
persons
While the Constitution does not expressly vest
Congress with the power to punish non-members
for legislative contempt, the power has
nevertheless been invoked by the legislative body
as a means of preserving its authority and dignity
(Arnault vs. Nazareno, 87 Phil 29) Contempt
power is incidental or implied to legislative power.
The legislature cannot obtain with accuracy,
knowledge, and information on which to base
intended legislation without the power to require
and compel the disclosure of such knowledge and
information.
D. Powers to Delegate Emergency Powers
SECTION 23. (1) The Congress, by a vote of
two-thirds of both Houses in a joint session
assembled, voting separately, shall have the sole
power to declare the existence of a state of war.
(2) In times of war or 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
Conditions in granting Emergency Powers to the
President:
1. Existence of WAR or other NATIONAL
EMERGENCY ;
2. The authority to exercise emergency powers
must be by virtue of a LAW enacted
by Congress.
3. The authority to exercise emergency power
must be in pursuance of a declared
NATIONAL and
4. The exercise of emergency power must be for a
LIMITED PERIOD and subject to such
restrictions as may be imposed by Congress.
Note: the President can exercise the emergency
power granted to him by law only during the
period as
fixed by law itself which can be revoked sooner
pursuant to a joint resolution of Congress but
such power
shall cease ipso facto upon the next adjournment
of Congress.
E. Non-Legislative Powers of Congress
Among the non-legislative power of the
legislature are as follows:
1. Power to declare the existence of war, upon
2/3 votes, in joint session assembled, voting
separately
2. To decide on the disability of the President
3. Power to revoke or extend the declaration of
martial law or the suspension of the privilege of
the writ of habeas corpus;
4. Senate’s power to concur to treaties or
international agreements, requiring 2/3 votes of
all the members of Senate;
5. Acting as the canvassing body for the
Presidential and Vice Presidential elections and to
proclaim the winners
6. Power to concur to amnesty granted by the
President
7. Power to initiate and try impeachment
CONTINUATION OF LESSON
FOR FINALS
RULES OF SUCCESSION
SECTION 7 - VACANCY BEFORE THE BEGINNING
OF THE TERM
RULES OF SUCCESSION ( VACANCY OF POSITION)
SECTION 7 - VACCANCY BEFORE THE BEGINNING
OF THE TERM
SECTION 8- VACANCY DURING THE
INCUMBENCYOF THE POSITION
SECTION 7. The president - elect and the vice
president -elect shall assume office at the
beginning of their terms
if the president-elect fails to qualify , the vice
president shall act as president until the president
-elect shall have qualified
if a president shall not have been chosen, The
vice president -elect shall act as a president until
a president shall have been chosen and qualified
if at the beginning of the term of the president
,the president-elect shall have died or shall have
become permanently disabled, the vice
president-elect shall become president
where no president and vice president shall have
been chosen or shall have qualified,or where both
shall have died or become permanently disabled,
the president of the senate or ,incase of inability,
the speaker of the house of the representative
shall act as a president until a president or a vice
president should have been chosen and qualified.
the congress shall, by law,provide for the manner
in which one who is to act as a president shall be
selected until a president or a Vice president shall
have qualified,in case of death,permanent
disability ,or inability of the officials mentioned in
the next preceding paragraph
SECTION 8. In case of death,permanent
disability,removal from office, or resignation of
the president, the vice president shall become the
president to serve the unexpired term. in case of
death, permanent disability, removal from office 3. in case no president and vp shall have
or resignation of the both president and vice been chosen and qualified, or where both
president, the president of the senate or, in case shall have died or become permanently
of his inability, the speaker of the house of disabled.
representatives, shall then act as a president until EFFECT
the president or vice president shall have been 1. the vp elect shall become the president
elected and qualified 2. the vp shall act as the president until the
president shall be chosen and qualified.
3. the senate president, or in case of his
VACANCY OF THE OFFICE OF THE VICE inability, the speaker of the house shall
PRESIDENT WITHOUT VACANCY OF THE OFFICE act as president until a president or a vp
OF THE PRESIDENT shall be chosen and qualified.
B. Vacancy During the Incumbency (Section B)
SECTION 9. Whenever there is a vacancy in the EVENT
office of the vice -president during the term for 1. in case of:
which he was elected , the president shall a. death
nominate a vice president from among the b. permanent disability
members of the senate and the house of the c. removal from office
representative. d. resignation of the president
OTHER RULES OF SUCCESSION EFFECT
SECTION 10. the congress shall, at ten o’ clock in the vice president shall become the president to
the morning of the third day after the vacancy in serve the unexpired term.
the offices of the president and vice president EVENT
occurs,convene in accordance with its rules 2. in case of:
without need of a call and within the seven days a. death
enact a law calling for a special election to elect a b. permanent disability
president and vice president to be held earlier c. removal from office
than forty five days nor later than sixty days from d. resignation of both the president and the
the time of such cPresident’s State of Health vice president
EFFECT
SECTION 11. whenever the president transmits to the senate president or in case of his inability, the
the president of the senate and the speaker of speaker of the house of representatives, shall act
the house of representatives his written as president until the president or vice president
declaration that he is unable to discharge the shall have been elected and qualified.
powers and duties of his office, and until he
transmits to them a written declaration to the POWERS OF THE PRESIDENT
contrary, such powers and duties shall be SUMMARY OF POWERS:
discharged by the vice president as acting 1. Executive and Administrative Powers in
president. General.
2. Appointing and Removing Power.
3. Power of Control and Supervision.
A. Vacancy Before the Beginning of the Term 4. Military Power.
(Section 7) 5. Pardoning POwer.
EVENT 6. Diplomatic Power.
1. in case of death or permanent disability 7. Delegated Power.
of the president-elect. 8. Borrowing Power (power to contract
2. in case of failure to elect the president. loan)
9. Residual Power
 10. Ordinance Power.
11. Other Power.
FAITHFUL EXECUTION CLAUSE
SECTION 17. The president shall have control of
all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully
executed.
● superior office
● alter,modify,nulify or set aside
● supervision
DOCTRINE OF EXECUTIVE IMPOUNDMENT
Impoundment refers to the refusal of the
president, for whatever reason, to release funds
appropriated by Congress. It is the failure to
spend or obligate budget authority of any type.
The Doctrine of Executive Impoundment means
that although an item of appropriation is not
vetoed by the president, he however refuses for
whatever reason to spend funds made possible
by Congress. It is the failure to spend or obligate
budget authority of any type. Proponents of
Impoundment have invoked at least three
principal sources of authority of the President:
1. Authority to impound given to him by the
Congress, either expressly or impliedly;
2. The executive power drawn from his
power as Commander-in-Chief and;
3. The faithful execution clause of the
Constitution.
II. THE POWER OF APPOINTMENT AND REMOVAL
SECTION 16. The president shall nominate
and,with the consent of the commision of
appointment, Heads of the executive
departments,ambassador,other public ministers and
consuls,or the office of armed forces from the rank of
colonel or naval captain ,and other officers whose
appointments are vested in the constitution.
(1) The heads of the executive
department,ambasador,other public ministers
and consuls,offices of the armed forces of the
philippines from the rank of the colonel or
naval captain (eg, chairman and
commissioner of the three constitutional
commission ,regular member of the jbc)
(2) all other officers of the government whose
appointments are not otherwise provided for
by law
(3) Those,who,the president may be authorized
by law to appoint and
(4) officers lower in rank whose appointments
the congress by law vest in the president
alone
APPOINTMENT - naming a particular person to
specified public office.
DESIGNATION - the imposition of additional
duties, usually by law, in a person already in the
public service.
PERMANENT APPOINTMENT - person appointed
possesses the required eligibility of the post and
is thus protected by the constitutional provision
on security of tenure.
TEMPORARY APPOINTMENT - one given
to a person without the required eligibility, and
thus can be removed from the office without the
necessity of just cause or a valid investigation.
REGULAR APPOINTMENT - one made during the
legislative session. It is made only after the
nomination is confirmed by the Commission on
Appointments and once confirmed by the CAm
continues until the end of the term of the
appointee.
AD INTERIM APPOINTMENT - one made when
the congress is in recess. it does not wait for the
confirmation of the CA but such appointment
ceases to be valid if disapproved by the CA or
upon the adjournment of the congress.
LIMITATIONS ON THE POWER OF THE
PRESIDENT’S POWER TO APPOINT
1. the spouse and relatives by
consanguinity or affinity within the fourth
civil degree of the president shall not
during his tenure be appointed as
members of the Constitutional
Commissions, or the office of the
Ombudsman, or as secretaries, under
secretaries, chairmen or heads of bureaus
or offices, including government owned
or controlled corporations and their
subsidiaries.
 2. two months immediately before the next
presidential elections and up to the end
of his term, a president or acting
president shall not make appointments,
except temporary appointments to
executive positions when continued
vacancies therein will prejudice public
service or endanger public safety.
3. The other officers mentioned in the first
group under section 16, article vii are
subject to the confirmation of the
Commission on Appointments.
4. appointments in the judiciary shall be
made upon recommendation of the
judicial and bar council.
5. appointments extended by an acting
president shall remain effective, unless
revoked by the elected president within
ninety days from his assumption or
reassumption of the office.
6. The president shall have the power to
make appointments during the recess of
the congress, whether voluntary or
compulsory, but such appointments shall
be effective only after disapproval by the
commission on appointment or until the
next adjournment of the congress.
7. congress may prescribe the required
qualifications of public office.
POWER OF REMOVAL
-the power to appoint comes with the power to
remove,unless expressly limited by the
constitution or statute
-while the president is empowered to appoint
members of the supreme court,chairmen and
commission of the constitution and the
ombudsman they could not removed except only
through impeachment ,
DOCTRINE OF QUALIFIED POLITICAL AGENCY
(ALSO KNOWN AS THE ALTER EGO DOCTRINE)
-The doctrine of qualified political agency or alter
ego principle means that the acts of the executive
department performed and promulgated in the
regular course of business are presumptively the
acts of the chief executive.
EXCEPTION:
1. in cases wherein the chief executive is
required by the constitution or by the law
to act in person or
2. the agencies of the situation demand that
he act personally,the multifarious
executive and administrative functions of
the chief executive are performed by and
through the executive departments.
POWER OF GENERAL SUPERVISION OVER LOCAL
GOVERNMENT
● The president of the philippines
as a chief executive,has the
mandate to supervise local
governments
● provided by RA No.7160
otherwise known as the local
government code of 1991
● Traditionally,this is done by the
Department of interior and local
government headed by a cabinet
secretary - an alter ego of the
president.
● military powers
● lawless violence
● invasion
● rebellion
● privilege of writ the habeas
corpus
WRIT OF HABEAS CORPUS
❖ an order requiring a person or an officer
detaining another
❖ explain the reason or cause of detention
LIMITATIONS ON THE EXERCISE OF THE MILITARY
POWER OF THE PRESIDENT
1. The calling out power may only be done
when necessary to prevent or suppress
lawless violence, invasion or rebellion
only;
2. The grounds for suspension of the
privilege of the writ of habeas corpus and
the proclamation of martial law are now
 limited only to invasion and rebellion only
and when public safety requires it;
3. the duration of such suspension or
proclamation shall not exceed 60 days,
following which it shall not automatically
be lifted.
4. Legislative check within 48 hours after
such as suspension or proclamation, the
president shall personally, or in writing
report his action to the congress. the
congress, if not in session must convene
within 24 hours without need of a call.
the congress may then, by a majority vote
of all its members voting jointly, revoke
his action.
5. Such revocation of congress may not be
set aside by the president;
6. In the same manner, the congress may,
upon initiative to the president, extend
his suspension or proclamation for a
period to be determined by the congress
if the invasion or rebellion shall continue
and the public safety requires the
extension.
7. (Judicial Check) The action of the
president and the congress shall be
subject to review by the supreme court
which shall have the authority to
determine the sufficiency of the factual
basis of such an action.
8. Martial law does not automatically
suspend the privilege of the writ of
habeas corpus or the operation of the
constitution.
9. the suspension of privilege of the
privilege of the writ of habeas corpus
shall apply only to persons facing charges
of rebellion or offenses inherent in or
directly connected with invasion;
10. any person arrested for such offense
must be judiciary charged therewith
within three days, otherwise, he shall be
released.
V. PARDONING THE POWER OF THE PRESIDENT
pardon is an act of grace given by those
charged with the power and authority to
execute laws
exempts the individuals subject of pardon
from the punishment
the crime he has committed
REPRIEVE
➔ the execution of the sentence is stayed or
postponed
PAROLE
➔ a person is released from imprisonment
but his liberty is not fully restored
because of parole.
➔ pardon the prisoner still remains in the
legal custody
➔ sentence is not aside
AMNESTY
➔ Act of grace given with the concurrence
of congress
➔ political offenses
COMMUTATION
★ penalty is mitigated or reduced
★ reduction of penalty from a greater
punishment to a lighter one even without
need of acceptance of the convict
 3. cannot be exercised on matters involving
violation of election laws without
favourable recommendation from the
commission on elections
4. pardon cannot extinguish civil liability
5. pardon does not restore offices forfeited
or vacated after conviction
6. determination as to whether there is
violation of condition exclusively rests in
the chief executive
7. it cannot be exercised on judicial and
legislative contempt because it violates
the doctrine of separation of powers

CONSTITUTIONAL PROVISION ON THE

DIPLOMATIC POWERS OF PRESIDENT
➔ president of the head of the state
and the repository
➔ president shall nominate and
with the consent of the
commision of appointments
➔ the president may enter into
treaty or executive agreement
➔ the presidents may contract or
guarantee foreign loans.
POWER OF THE PRESIDENT OVER ALIENS
( FOREIGN NATIONALS)
❖ President of the philippines has certain
powers over non- filipinos in the
philippines
❖ chief executive may have an alien in the
philippines deported from the country
after due process
KINDS OF PARDON
❖ the president may change the status of a
ABSOLUTE
foreigner, as prescribed by law, from a
★ Does not impose any condition or
non-immigrating status to a permanent
qualification
resident without the necessity of a visa.
★ it is complete even without necessity of
acceptance
CONDITIONAL
➔ Annexes or attaches certain terms or
qualifications he deems fit.
➔ acceptance by the pardone for its validity.
LIMITATIONS OF THE PARDONING POWER OF
THE PRESIDENT
1. It can only be exercised after conviction
by final judgement
2. it cannot extend to cases of impeachment
The Judicial Department is given the
power to annul the acts of either the
legislative or the executive or both when
not conformable to the fundamental law.
This is the reason for what some quarters
call the doctrine of judicial supremacy.
Definitions:
• Judicial Power – the power to apply the
laws to contests or disputes between
individual litigants in cases properly
brought before judicial tribunals or
concerning legally recognized rights and
duties between the State and the private
person. It includes the determination of
whether or not there had been grave
abuse of discretion amounting to lack or
excess of jurisdiction on the part of any
branch or instrumentality of the
government.
• Judicial Review – the power of the
courts, ultimately the Supreme Court, to
interpret the Constitution and to declare
any legislative or executive act invalid
because it is in conflict with the
fundamental law.
• Judicial Inquiry – the power of the
court to inquire into the exercise of
discretionary powers to determine
whether there is grave abuse of
discretion amounting to lack or excess of
jurisdiction.
Judicial Independence Although the
Judiciary is a passive department, it
remains a co-equal branch of the
government guaranteed independence
among the other branches. The
Constitutional provisions which secures
judicial independence includes:
a. The appellate jurisdiction of the
Supreme Court cannot be increased by
law without its advice and concurrence
(Sec. 30, Art. VI)
b. Congress shall not deprive the
Supreme Court of its jurisdiction over
cases enumerated in Section 5, Article
VIII;
c. No law shall be passed reorganizing the
Judiciary when it will undermine the
security of tenure of its Members. (Sec.
2(2), Article VIII)
d. The Judiciary shall enjoy fiscal
autonomy. 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. (Sec. 3, Article VIII)
e. The Supreme Court shall have
administrative supervision over all courts
and personnel thereof; (Sec. 6, Art. VIII)
f. The Members of the Supreme Court
and judges of lower courts shall be
appointed by the President from a list of
at least three nominees prepared by the
Judicial and Bar Council for every vacancy.
Such appointments need no
confirmation. (Sec. 9, par. 1, Art. VIII)
g. he Members of the Supreme Court and
judges of lower courts shall hold office
during good behavior until they reached
the age of seventy years or become
incapacitated to discharge the duties of
their office. (Sec. 11, Art. VIII)
h. The Supreme Court en banc shall have
the power to discipline judges of lower
courts, or order their dismissal by a vote
of a majority of the Members who
actually took part in the deliberations on
the issues in the case and voted thereon.
(Sec. 11, Art. VIII)
i. Members of the Supreme Court and of
other lower courts shall not be
 designated to any agency performing
quasijudicial or administrative functions
(Sec. 2, Art. XI)
j. Members of the Supreme Court are
removable only by impeachment on
grounds provided for by the Constitution.
(Sec. 2, Art. VIII)
To Whom Judicial Powers is Vested
SECTION 1. The power shall be vested in
one Supreme Court and in such lower
courts as may be established by law.
Judicial power 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.
Judicial Powers
Judicial power is the authority to settle justiciable
controversies or disputes involving rights that are
enforceable and demandable before the courts of
justice or the redress of wrongs for violation of
such rights (Lopez vs. Roxas 17 SCRA 756)
Judicial power as defined by the Constitution:
1. Duty of the courts of justice to settle actual
controversies involving rights which are legally
demandable and enforceable, and
2. To determine whether or not there has been
grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or
instrumentality of the Government.
There is grave abuse of discretion when:
1. An act is done contrary to the Constitution, the
law of jurisprudence, or
2. When it is executed whimsically, capricious or
arbitrary out of malice, ill will or personal bias
(Infotech Foundation, et.al. vs. Comelec, GR No.
159139, January 13, 2004)
Role of the Legislature in the Judicial Process
❖ SECTION 2. The Congress shall have the
power to define, prescribe, and apportion
the jurisdiction of various courts but may
not deprive the Supreme Court of its
jurisdiction over cases enumerated in
Section 5 hereof
❖ No law shall be passed reorganizing the
Judiciary when it undermines the security
of tenure of its Members.
Fiscal Autonomy of the Supreme Court
SECTION 3. The Judiciary shall enjoy fiscal
autonomy. 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.
Fiscal Autonomy, Meaning
Full autonomy, among others, contemplates the
guarantee of full flexibility in the allocation and
utilization of the Judiciary’s resources, based on
its own determination of what it needs.
Composition and Jurisdiction of the Supreme
Court
SECTION 4. (1) The Supreme Court shall be
composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or at its
discretion, in divisions of three, five, or seven
Members. Any vacancy shall be filled within
ninety days from the occurrence thereof.
(2) All cases involving the constitutionality of a
treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court
en banc, and all other cases which under the
Rules of Court are required to be heard en banc,
including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the
concurrence of a majority of the Members who
actually took part in the deliberations on the
issues in the case and voted thereon.
(3) Cases or matters heard by a division shall be
decided or resolved with the concurrence of a
majority of the Members who actually took part
in the deliberations on the issues in the case and
voted thereon, and in no case, without the
concurrence of at least three of such Members.
When the required number is not obtained, the
case shall be decided en banc: Provided that no
doctrine or principle of law laid down by the
court in a decision rendered en banc or in division
may be modified or reversed except by the court
sitting en banc.
Divisions in the SC
➔ The Court is free to create divisions of
three, five or seven. The purpose of
allowing up to five divisions within the
Court is to enable the Court to dispose of
cases more speedily.
➔ Actions considered in any of these
divisions and decisions rendered therein
are, in effect, by the same Tribunal.
Decisions or resolutions of a division of
the court are not inferior to an en banc
decision.
Cases to be decided by the Supreme Court En
Banc
❖ En Banc means in full court or refers to
the hearing of a case by the entire bench,
or all of the judges of a court, rather than
a panel of a selected few judges. The
following cases must be head en banc:
❖ a. All cases involving the constitutionality
of a treaty, international or executive
agreement, or law;
❖ b. All cases which under the Rules of
Court may be required to be head en
banc;
❖ c. All cases involving the constitutionality,
application or operation of presidential
decrees, proclamations, orders,
instructions, ordinances, and other
regulations;
❖ d. Cases heard by a division when the
required majority in the division is not
obtained;
❖ e. Cases where the Supreme Court
modifies or reverses a doctrine or
principle of law previously laid down
either en banc or in division;
❖ f. Administrative cases involving the
discipline or dismissal of judges of lower
courts;
❖ g. Election contests for President or
Vice-President.
Votes required to decide a case heard en banc:
majority of the members who actually took part
in the deliberations on the issues in the case and
voted thereon. (Illus. Quorum of SC is 8, votes of
at least 5 are enough
Appointment to the Judiciary and the Judicial
and Bar Council (JBC)
SECTION 8. (1) A Judicial and Bar Council is
hereby created under the supervision of the
Supreme Court composed of the Chief Justice as
ex officio Chairman, the Secretary of Justice, and
a representative of the Congress as ex officio
Members, a representative of the Integrated Bar,
a professor of law, a retired Member of the
Supreme Court, and a representative of the
private sector
➢ (2) The regular Members of the Council
shall be appointed by the President for a
term of four years with the consent of the
Commission on Appointments. Of the
Members first appointed, the
representative of the Integrated Bar shall
serve for four years, the professor of law
for three years, the retired Justice for two
years, and the representative of the
private sector for one year
➢ (3) The Clerk of the Supreme Court shall
be the Secretary ex officio of the Council
and shall keep a record of its proceedings.

➢ (4) The regular Members of the Council
shall receive such emoluments as may be
determined by the Supreme Court. The
Supreme Court shall provide in its annual
budget the appropriations for the
Council.
➢ (5) The Council shall have the principal
function of recommending appointees to
the Judiciary. It may exercise such other
functions and duties as the Supreme
Court may assign to it
SECTION 9. The Members of the Supreme
Court and judges of lower courts shall be
appointed by the President from a list of
at least three nominees prepared by the
Judicial and Bar Council for every vacancy.
Such appointments need no
confirmation.
Power to appoint the Members of the Judiciary:
With the President from a list of at least three
nominees from the JBC. No confirmation from the
Commission on Appointments is needed from
such appointments.
Procedure of Appointment of Justices and
Judges:
1. Whenever there is a vacancy, JBC submits to
the President a list of 3 nominees
2. The President may or may not appoint anyone
mentioned in the list and he may even ask for
another list.
3. Once appointment is issued and accepted by
the nominee, the appointment needs no
confirmation
4. For judges of lower courts, JBC submits list of
its nominees to the President;
5. The President is given 90 days from submission
within which to issue appointment
Retirement Age of the members of the SC and
judges of lower courts:
➔ 70 years or become incapacitated to
discharge the duties of their office
Judicial and Bar Council (JBC)
Principal Function of the JBC: It shall have the
principal function of recommending appointees
to the Judiciary. It may exercise such other
functions and duties as the Supreme Court may
assign to it. The Supreme Court supervises the
JBC
Composition of JBC:
1. Chief Justice, as ex officio Chairman;
2. Secretary of Justice, as ex officio Member;
3. Representative of Congress as ex officio
Member;
4. Representative of the Integrated Bar of the
Philippines;
5. A Professor of Law;
6. A Retired Member of the Supreme Court; and
7. Representative of the Private Sector The
Regular Members of the Council shall be
appointed by the President with the consent of
the Commission on Appointments
Powers of the Supreme Court:
A. Power of Judicial Review
It is the Supreme Court’s power to declare a law,
treaty, international or executive agreement,
presidential decree, proclamation, order,
instruction, ordinance, or regulation
unconstitutional.
Requisites of Judicial review:
1. There must be an actual case calling for the
exercise of judicial power;
• The question before the court must be ripe for
adjudication, that is, the governmental act being
challenged must have had an adverse effect on
the person challenging it.
• There must be a definite and concrete dispute
touching on the legal relations of the parties.
Without an actual case, a controversy becomes
moot and academic. When a case becomes moot
and academic, the decision of the case would not
have any practical use or value as there is no
actual substantial relief the party would be
entitled to.
• For an actual controversy to exist, there must be
a legally demandable or enforceable right which
is violated by another who, in turn, has the
correlative duty to respect it. If the other party
asserts an opposite legal claim, then it becomes
susceptible to judicial adjudication.
• However, there are some cases that
despite being moot and academic, the
Courts may still then may decide on: 1.
There is a grave violation of the
Constitution; 2. There is an exceptional
character of the situation and paramount
public interest is involved; 3. When the
constitutional issue raised requires
formulation of controlling principles to
guide the bench, the bar, and the public
4. The case is a capable of repetition yet
evading review
2. The person challenging the act must
have the “locus standi”, that is, he must
have a personal and substantial interest
in the case such that he has sustained, or
will sustain, direct injury as a result of its
enforcement.
• A person has “standing” to challenge
the validity of governmental acts only if
he has a personal and substantial interest
in the case such that he has sustained, or
will sustain, direct injury as a result of its
enforcement. (Macasiano vs. National
Housing Authority, 224 SCRA 236, 1993)
• Cases where “non-traditional suitors”
extended locus standi by the courts:
• For taxpayer, there must be a claim of
illegal disbursement of public funds or
that the tax measure is unconstitutional;
• For voters, there must be a showing of
obvious interest in the validity of the
election law in question;
• For concerned citizens, there must be a
showing that the issues raised are of
transcendental importance which must
be settled early; and
• For legislators, there must be a claim
that the official action complained of
infringes their prerogatives as legislators;
• Principle of Transcendental Importance:
• There character of the funds or other
assets involved in the case;
• The presence of a clear case of
disregard of a constitutional or statutory
prohibition by the public respondent
agency or instrumentality of the
government;
• The lack of any other party with a more
direct and specific interest in raising the
question being raised;
• Instances where citizen will be allowed
to raise a constitutional question:
• That he has personally suffered some
actual or threatened injury as a result of
 the allegedly illegal conduct of delegated to the legislative or executive
government; branch of the government.
• The injury is fairly traceable to the ➢ Generally, political questions cannot be
challenged action; and inquired by the courts
• The injury is likely to be redressed by a ➢ On the other hand, a justiciable question
favorable action refers to an issue that affects the civil,
personal, or property rights accorded to
3. Must be raised at the earliest possible every member of the community or
time nation; or one involving an active and
• The earliest opportunity to raise a antagonistic assertion or a legal right on
constitutional issue is to raise it in the one side and a denial thereof on the
pleadings before a competent court that other concerning a real and not a mere
can resolve the same, such that, if not theoretical thought.
raised in the pleadings, it cannot be B. Jurisdiction over Cases
considered in trial and, if not considered ➢ Jurisdiction is the power and authority of
in trial, it cannot be considered on the court to hear and decide cases.
appeal. Without jurisdiction, the court has no
4. Must be necessary for the final power to hear cases and if heard without
determination of the case jurisdiction, the decision of the court is
said to be null and void. Various courts
have their respective jurisdiction.
Effect of the Declaration of
Unconstitutionality of a Law:
★ When a law is declared
unconstitutional it is not totally
invalid or ineffective. Instead, the
Court has adopted the view that
when the law is declared
unconstitutional, it is an
“operative fact” which can be the
source of rights and duties.
★ “Under the operative fact
doctrine, the law is recognized as
unconstitutional but the effects
of the unconstitutional law, prior
to its declaration of nullity, may
be left undisturbed as a matter of
equity and fair play. In fact, the
invocation of operative fact
doctrine is an admission that the
law is unconstitutional
Political Questions distinguished from Justiciable
Questions
➢ Political Question refers to those
questions which under the Constitution,
are to be decided by the people in their
sovereign authority, or in regard to which
full discretionary authority has been
C. Rule Making Power

The Supreme Court has the exclusive power to

promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the
admission to the practice of law, the integrated
bar, and legal assistance to the underprivileged

D. Administrative Supervision Over Courts and

Personnel

SECTION 6. The Supreme Court shall have

administrative supervision over all courts and the
personnel thereof.

Prohibitions to the Members of SC and of other

Courts

SECTION 12. The Members of the Supreme Court

and of other courts established by law shall not
be designated to any agency performing
quasi-judicial or administrative functions.

SPECIAL CREDITS TO DHAREN FOR HELPING ME

HEHE