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LEGISLATIVE DEPARTMENT SEMESTER
PHILIPPINE POLITICS, GOVERNANCE,
SECTION 1 AND CITIZENSHIP SECTION 2 PSY
The legislative power shall be vested in the Congress of the The Senate shall be composed of twenty
-four Senators
Philippines which shall consist of a Senate and a House of who shall be elected at large by the qualified voters
Representatives, except to the extent reserved to the people of the Philippines, as may be provided by law. The
by the provision on initiative and referendum. Senate is the Upper House of the Congress. It is
THE PHILIPPINE CONGRESS composed of twenty-four (24) senators elected at large
by the people.

SECTION 3

No person shall be a Senator unless he is a natural-born

citizen of the Philippines, and, on the day of the election, is at
least thirty-five years of age, able to read and write, a
registered voter, and a resident of the Philippines for not less
than two years immediately preceding the day of the election.
QUALIFICATIONS FOR SENATORS

1. He must be a natural born citizen of the Philippines.

2. He must be at least thirty-five years of age on the

• The Philippine Congress is the country’s
legislative department (Art. VI, Sec. 1) 
Congress is bicameral
• Upper House: Senate
• Lower House: House of Representatives
N.B.: Senators are Congressmen
LEGISLATIVE POWER
Legislative power is the power or competence
of the legislature to enact, ordain, alter, or modify,
repeal, or abrogate existing laws.
ADVANTAGES OF BICAMERALISM
day of the election.
3. He must be able to read and write.
4. He must be registered voter.
5. He must be a resident of the Philippines for not less
than two years immediately preceding the election.
SECTION 4
The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No Senator
shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service
for the full term of which he was elected.

1. allows for a body with a national perspective to TERM OF OFFICE

check the parochial tendency of representatives • It is six (6) years.
elected by district; • It shall commence, unless otherwise provided by law, at
2. allows for more careful study of legislation; noon on the 30th day of June next following their
election. (Sec. 4, par. 1.)
3. makes the legislature less susceptible to control by
The Constitution has similar provisions limiting terms of
the Executive;
office with respect to the President and Vice President
4. serves as training ground for national leaders.
(Art. VII, Secs. 3 and 4.), members of the House of
Representatives (Sec. 7.), and elective local officials. (Art.
THE ADVANTAGES OF UNICAMERALISM X, Sec. 8.) The hour and date of commencement of the term
of office of the President and Vice President cannot be
1. simplicity of organization resulting in economy and
changed by law.
efficiency;
2. facility in pinpointing responsibility for legislation;
and
3. avoidance of duplication.
SECTION 5

1. The House of Representatives shall be composed

of not more than two hundred and fifty members…
who shall be elected from legislative districts …

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
2. The party-list representatives shall constitute twenty
per centum of the total number of representatives
…labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other
sectors as may be provided by law..
PSY
The party-list or sectoral representatives are filled
by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious
sector.

2 KINDS OF MEMBERS OF THE HOUSE OF

REPRESENTATIVES
1.) DISTRICT REPRESENTATIVES – elected directly and
personally from the territorial unit he is seeking to represent.
2.) PARTY-LIST REPRESENTATIVES – chosen indirectly,
through the party he represents, which is the one voted for
by the electorate. This is to give an opportunity to weak
sectors to have their voices heard.
SECTION 6
No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least
twentyfive years of age, able to read and write, and, except
the party-list representatives, a registered voter in the district
in which he shall be elected and a resident thereof for a
period of not less than one year immediately preceding the
day of the election.
QUALIFICATIONS OF HOR MEMBERS
1. A natural-born citizen of the Philippines
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.
KINDS OF ELECTION FOR MEMBERS of Congress.
1. REGULAR ELECTION – it shall be held on the
second Monday of May. Congress may, by law,
provide otherwise. (Sec. 8.)
2. SPECIAL ELECTION – it may be called in case a
vacancy arises in the Senate or House of
Representatives to fill such vacancy in the manner
prescribed by law.
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.

2. At least twenty-five years of age, SECTION 10

3. Able to read and write,
The salaries of Senators and Members of the House of
4. A registered voter in the district in which he shall be
Representatives shall be determined by law. No increase in
elected, and
said compensation shall take effect until after the expiration
5. A resident thereof for a period of not less than one
of the full term of all the Members of the Senate and the
year
House of Representatives approving such increase.

SECTION 7 WHAT A REPRESENTATIVE CAN RECEIVE

The Members of the House of Representatives shall be PURPOSE AMOUNT
elected for a term of three years which shall begin, unless Salary P35,000 a month
otherwise provided by law, at noon on the thirtieth day of Published expenses P200,000 a month
June next following their election. No Member of the House Allowance from the
of Representatives shall serve for more than three P50,000-100,000 a month
consecutive terms… Speaker
Christmas gift from the
THE HOUSE OF REPRESENTATIVES P100,000-200,000
It is the lower chamber of the Congress of the Philippines. Speaker
The House, often informally called “Congress,” is composed Occasional gift from
of not more than 250 members popularly known as P100,000-150,000
“Congressmen.” They are elected from legislative or Malacañang (Christmas) Election for the as much
congressional districts and through a party-list system. as P200,000 speakership
Attendance in a plenary P50,000 (can go up to session to
THE PARTY-LIST OR SECTORAL REPRESENTATIVES vote on selected 500,000 for urgent,
national bills controversial measures)

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
Special occasions (e.g.
P50,000
barangay elections)
$300 per diem
As officer or committee
Foreign travel chairman Varies, depending on
expenses
Pork barrel (Priority
Development Assistance P65 million a year
Fund and Public Works
Fund)
Under the above provision, Congress is prohibited from
increasing or decreasing the salary of its members.
However, any increase can take effect only after the
expiration of the full term of the members approving such
increase. This rule applies even as to members who voted
against the increase.
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.
PARLIAMENTARY IMMUNITY FREEDOM
/ PRIVILEGE from ARREST
• offenses punishable by not more than six years
imprisonment
• while Congress is in session (whether or not he is
attending the session)
FREEDOM / PRIVILEGE of SPEECH and DEBATE
• remarks must be made in connection with the discharge
of official duties.
• while Congress is in session
REASON FOR THE CONGRESSIONAL PRIVILEGES
To enable members of Congress to discharge their
functions adequately and without fear. It is true that the
privileges may be abused. However, the harm which would
come from its abuse is considered slight compared to that
which might arise if the privileges were not given.
THE PRIVILEGES DOES NOT APPLY WHEN:
1. The member is not acting as a member of Congress.
2. The member is being questioned in Congress itself.
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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.
 To prevent the members of Congress from
committing corruption and unlawfully enriching
themselves, the Constitution provides that the
members of the Congress upon assumption of
office, make a full disclosure of their financial and
business interests (Statement of Assets, Liabilities
and Net Worth or SALN).
 This will include a declaration of their income tax
return during the term of their business interest,
they shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.
SECTION 13
No Senator or Member of the House of Representatives may
hold any other office or employment in the Government…
during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the
emoluments thereof increased during the term for which he
was elected.
INCOMPATIBLE OFFICE
Office which mat not be held by a member of a
Congress outside the legislative department. There is a need
for members to devote their time and attention to the
discharge of their legislative responsibilities.
FORBIDDEN OFFICE
Office which a member of a Congress may not be a
beneficiary by reason of being a participant when said office
was created. Hence, a member of Congress shall not be
eligible for appointment to such office even if he resigns.
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

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pecuniary benefit or where he may be called upon to act on
account of his office.
1. To avoid conflicts of interest and undue influence,
Senators are prohibited from appearing as counsel
before any court of Justice, Electoral Tribunal, or
quasi-judicial or any other administrative bodies,
and they may not intervene in any matter before
any office of the Government.
2. They are also prohibited from having any financial
interest in any contract, franchise or special
privilege granted by the Government, including
government-owned and controlled corporations and
their subsidiaries, and they may not hold any other
incompatible offices in the government, including
government-owned and controlled corporations and
their subsidiaries, during their terms of office.
SECTION 15.
The Congress shall convene once every year on the fourth
Monday of July for its regular session, 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.
SECTION 16
1. The Senate shall elect its President and the House of
Representatives its Speaker, by a majority vote of all its
respective Members. Each House shall choose such
other officers as it may deem necessary.
2. A majority of each House shall constitute a quorum to do
business…
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.
4. Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts
as may, in its judgment, affect national security…
QUORUM
a number of membership which is competent to transact its
business; is at least one-half plus one of the members of a
body.
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LEGISATIVE JOURNAL
the official record of what is done and passed in a legislative
assembly and the proceedings occurred from day to day.
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.
SENATE ELECTORAL TRIBUNAL (SET) OR
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL
(HRET)
 Three Justices of the Supreme Court designated by the
Chief Justice
 Six shall be Members of the Senate or the House of
Representatives
 The chairperson of the SET is always a Justice of the
Supreme Court.
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 THE COMMISSION ON APPOINTMENTS.
• The Commission on Appointments acts as a legislative
check on the appointing authority of the President. For
the effectivity of the appointment of certain key officials
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enumerated in the Constitution, the consent of the
Commission on Appointments is needed.
• The power of the Commission on Appointments is to
approve or disapprove appointments submitted to it by
the President. It must act on all such appointments, by a
majority vote of all the members, within 30 session days
of Congress from their submission.

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.

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
The Commission on Appointments shall meet only while
the Congress is in session, at the call of its Chairman or a
majority of all its Members, to discharge such powers and
functions as are herein conferred upon it.
SECTION 20
The records and books of accounts of the Congress shall
be preserved and be open to the public in accordance with
law, and such books shall be audited by the Commission
on Audit which shall publish annually an itemized list of
amounts paid to and expenses for each Member.
SECTION 21. LEGISTLATIVE INQUIRY/ POWER OF
INQUIRY
The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of
legislation in accordance with its duly published rules of
procedure. The rights of persons appearing in or affected
by such inquiries shall be respected.
SECTION 22. QUESTION HOUR
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.
 The Court ruled that anyone, except the
President and Justices of the Supreme Court,
may be summoned. Nor may a court prevent a
witness from appearing in such hearing. Section
22, for its part, establishes the rule for the
exercise of what is called the “oversight
function” of Congress. Such function is intended
to enable Congress to determine how laws it has
passed are being implemented.
SECTION 23. POWER TO DECLARE WAR
1. The Congress, by a vote of two-thirds of both Houses
in joint session assembled, voting separately, shall have
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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.
THE POWER OF CONGRESS TO DECLARE THE
EXISTENCE OF A STATE OF WAR
The Congress, by a vote of 2/3 of both Houses in joint session
assembled, voting separately, shall have the sole power to
declare the existence of a state of war.
SECTION 24.
All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and
private bills, shall originate exclusively in the House of
Representatives, but the Senate may propose or concur
with amendments.
APPROPRIATIONS BILL
An appropriation bill is one the primary and specific aim of
which is to make appropriations of money from the public
treasury. A bill of general legislation which carries an
appropriation as an incident thereto to carry out its primary
and specific purpose is not an appropriations bill
REVENUE BILL
one the primary and specific purpose of which is to raise
revenue;
TARIFF BILL
as used in the Constitution, it has reference to one imposing
customs duties for revenue purposes
BILL AUTHORIZING INCREASE OF THE PUBLIC DEBT
one which creates public indebtedness such as a bill providing
for the issuance of bonds and other forms of
obligations;
BILL OF LOCAL APPLICATION
one affecting purely local or municipal concerns like one
creating a city or municipality or changing its name

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PRIVATE BILL
one affecting purely private interest, such as one granting a
franchise to a person or corporation, or compensation to a
person for damages suffered by him for which the government
considers itself liable.
SECTION 25
The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by
law….
MEANING OF BUDGET
A budget is the financial program of the national
government for a designated calendar year, consisting of
statements of estimated receipts from revenues and
expenditures for the calendar on which it is intended to be
effective based on the results of operations during the
preceding calendar year.
SECTION 26
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…
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.
MEANING OF BILL
 A bill is a draft of the legislative before it becomes
a law. It is a proposed law. No bill may be embraced
in more than one subject to be expressed in the title.
The subject referred to here is the main subject. As
long as the bill contains only one main subject, the
constitutional requirement is met even if the bill covers
supplementary details.
 It is a draft of a law submitted to the consideration of a
legislative body for its adoption.
STEPS IN THE PASSAGE OF A BILL
1. To initiate the law-making process, the proposed bill
is signed by its author and filed with the Secretary
of the either the Lower House (for congressmen) or
the Senate (for senators).
2. The bill will go through three readings. On the First
Reading, the number and title of the bill is read,
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followed by its referral to the appropriate committee for
study.
3. On the Second Reading, the bill is read in full along
with amendments proposed by the committee who
studied it. The bill is then subjected to debates and
discussion by the members of the House where it
was filed. After extensive discussion, the bill will be
voted on. If approved, it would go through a third
reading.
4. On Third Reading, the bill will be submitted for a final
vote.
If approved again, it shall be transmitted to the other
House for concurrence. The other House will go through
the same process of having three readings.
5. If the other House introduces amendments and the
House from which the bill originated does not
approve of the amendments, the differences will be
settled by a meeting of the Conference Committees
of both Houses, whose recommendations will have
to be approved by both Houses.
6. Once the bill is approved, it is transmitted to the
President of the Philippines for signature. The
President may then either sign the bill to indicate
approval, or veto the bill to indicate disapproval. If
approved, the bill officially becomes a law.
7. If the President decides to exercise his veto
powers, the Congress may re-pass the vetoed bill if
two-thirds of both Houses, voting separately,
approve its enactment. In this case, the bill also
officially becomes a law.
SECTION 27
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

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originated within thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.
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.
3 WAYS WHEN A BILL MAY BECOME A LAW
1.) When the President approves the bill by signing it.
2.) When the President vetoes the bill and the same is
overriden by 2/3 votes of all the members of both Houses.
3.)When the President does not communicate his veto within
30 days after the date of receipt.
SECTION 28
(1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the President to
…impose, tariff rates, import and export quotas, …within
the framework of the national development program of the
Government.
(3) Charitable institutions, churches and personages …
actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt
from taxation.
(4) No law granting any tax exemption shall be passed
without the concurrence of a majority of all the
Members of the Congress.
UNIFORMITY IN TAXATION
 Uniformity in taxation means that “all taxable
articles or properties of the same class shall be
taxed at the same rate.”
 Different articles (or other subjects, like
transactions, business, rights, etc.) may,
therefore, be taxed at different rates or amounts
provided that the rate (not necessarily the
amount) is the same on the same class
everywhere.
EQUITY IN TAXATION
 Aside from the requirement that the rule of taxation
shall be uniform, the Constitution also mandates
that it shall be equitable.
 The concept of equity in taxation requires that
such apportionment be more or less just in the
light of the
taxpayer’s ability to shoulder the tax burden
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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, 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.
SECTION 30
No law shall be passed increasing the appellate jurisdiction of
the Supreme Court as provided in this Constitution without its
advice and concurrence.
SECTION 31
No granting a title of royalty or nobility shall be
law enacted.
SECTION 32
T
he Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom,
whereby the people can directly propose and enact laws or
approve or reject any act or law or part thereof passed by the
Congress or local legislative body after the registration of a
petition therefor signed by at least ten per centum of the total
number of registered voters, of which every legislative district
must be represented by at least three per centum of the
registered voters thereof. ARTICLE XVII Amendments or
Revisions
SECTION 1
Any amendment to, or revision of, this Constitution may be
proposed by:
(1) The Congress, upon a vote of three-fourths of all its
Members; or

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(2) A constitutional convention.
SECTION 2
Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of at
least twelve per centum of the total number of registered
voters, of which every legislative district must be represented
by at least three per centum of the registered voters therein.
No amendment under this section shall be authorized
within five years following the ratification of this
Constitution nor oftener than once every five years
thereafter.
The Congress shall provide for the implementation of the
exercise of this right.
1.
2.
3. CABINET (DEPARTMENTS)
4. AMBASSADORS
SECTION 1
ARTICLE 7:
EXECUTIVE DEPARTMENT
COMPOSITION OF THE EXECUTIVE DEPARTMENT
PRESIDENT
VICE PRESIDENT
The executive power shall be vested in the President
of the Philippines.
EXECUTIVE POWER
Power to administer laws, carry them into practical
operation and enforce their due observance.
Executive power refers to the authority “to see to
it that the laws are faithfully and continuously
executed.” It refers to the task of law enforcement,
administration and directing the conduct of foreign
affairs.”
SECTION 2
No person may be elected President unless he is a
naturalborn citizen of the Philippines, a registered voter,
able to read and write, at least forty years of age on the
day of the election, and a resident of the Philippines for at
least ten years immediately preceding such election.
QUALIFICATIONS OF THE PRESIDENT
1. He is a natural-born citizen of the Philippines;
2. He is a registered voter;
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3. He is able to read and write;
4. He is at least forty (40) years of age on the day of
the election (not proclamation or assumption of
office);
5. He is a resident of the Philippines for at least ten
(10) years immediately preceding such election.
SECTION 3
There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with, and in
the same manner, as the President. He may be removed
from office in the same manner as the President.
The Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation.
The President and the Vice-President shall be elected by
• His only constitutional function is to be on
hand to act as President when needed or to
succeed to presidency in case of a permanent
SECTION 4
vacancy in the office of the president.
• The President may also appoint him as a Member
of the Cabinet. Such appointment does not need
the consent of the Commission on Appointments.
direct vote of the people for a term of six
years which shall begin at noon on the thirtieth
day of June next following the day of the election
and shall end at noon of the same date, six
years thereafter.
The President shall not be eligible for any re-election. No
person who has succeeded as President and has served
as such for more than four years shall be qualified for
election to the same office at any time.
No Vice-President shall serve for more than two consecutive
terms.
TERM LIMITS
• PRESIDENT
• 6 years (no re-election)
• No person who has succeeded and served as
President for four (4) years can run it again 
LOOPHOLE; as long as 4 years hasn’t been
succeeded, pwede magrun for re-election

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
• Same case with Arroyo after Estrada
• VICE PRESIDENT
• Max 2 terms
TERM OF OFFICE V TENURE OF OFFICE
TERM of OFFICE
• *refers to the period during which an officer may claim to
hold the office as a matter of right.
TENURE of OFFICE
• *period during which the incumbent actually holds the
office.
REASONS FOR THE PROHIBITION AGAINST
REELECTION OF PRESIDENT.
1. A President seeking a second term is vulnerable to
constant political pressures from those whose support
he must preserve and has to devote his time and
energy to consolidate this political support. In the
context of Philippine experience, every President
elected to the Office has used the first term to work
for re-election;
2. A President who seeks a second term is under a
terrific handicap in the performance of his
functions. The result has been that political
motivation is attributed to practically every act he
performs; moreover, the danger of alienating
much needed votes may be an obstacle to the
proper and impartial performance of his duties;
3. A President seeking re-election will even use
public funds for the purpose even to the extent of
making the government bankrupt because no
incumbent President would like to go down from
power as a leader repudiated by his people;
4. The prohibition also widens the base of
leadership. In theory, no man is indispensable in
a democracy and any person, no matter how
good he is, may be replaced by others equally
good;
5. The ban will also put an end or at least hamper
the establishment of political dynasties;
6. The six-year term will give the President a
reasonable time within which to implement his
plans and programs of government. He can
concentrate on being President free from the
demands of
partisan politics;
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7. The criticism against a six-year term without
reelection that six (6) years are too long for a bad
President but too short for a good one and that
the people will suffer most from a lameduck.
SECTION 5
Before they enter on the execution of their office, the
President, the Vice-President, or the Acting President
shall take the following oath or affirmation:
• "I do solemnly swear (or affirm) that I will faithfully
and conscientiously fulfill my duties as President
(or Vice-President or Acting President) of the
Philippines, preserve and defend its Constitution,
execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So
help me God."
OATH
is an outward pledge made under an immediate sense of
responsibility to God.
The purpose of an oath is to guarantee the truthfulness of
what a person is about to say or the fact that he sincerely
intends to do what he says by a formal calling upon God to
be the witness.
SECTION 6
The President shall have an official residence. The
salaries of the President and Vice-President shall be
determined by law and shall not be decreased during
their tenure. No increase in said compensation shall
take effect until after the expiration of the term of the
incumbent during which such increase was approved.
They shall not receive during their tenure any other
emolument from the Government or any other source.
OFFICIAL RESIDENCE AND COMPENSATION OF THE
PRESIDENT AND VICE-PRESIDENT.
(1) The official residence of the President shall be
determined by law;
(2) The annual compensation of the President and Vice
President shall be provided by law.
The Constitution, in the Transitory Provisions, fixes the initial
annual salary of the President at P300,000.00 and the
VicePresident at P240,000.00. Congress may provide
otherwise subject to Section 6. (Article XVIII, Sec. 17.)
SECTION 7
The President-elect and the Vice President-elect shall assume
office at the beginning of their terms.

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
If the President-elect fails to qualify, the Vice President-elect
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 President until a President shall
have been chosen and qualified.
If at the beginning of the term of the President, the
Presidentelect 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, in case of his inability, the Speaker of the House of
Representatives, shall act as President until a President or a
Vice-President shall have been chosen and qualified.
The Congress shall, by law, provide for the manner in
which one who is to act as 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
VicePresident shall become the President to serve the
unexpired term.
In case of death, permanent disability, removal from
office, or resignation of both the President and
VicePresident, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall
then act as President until the President or Vice-President shall
SECTION 9
have been elected and qualified…
Whenever there is a vacancy in the Office of the
Vice-President during the term for which he was
elected, the President shall nominate a Vice-President
from among the Members of the Senate and the House of
Representatives…
SECTION 10
The Congress shall… after the vacancy in the
offices of the President and VP occurs, convene…and
enact a law calling for a special election to elect a
President and VP.
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SECTION 11
Whenever the President transmits to the
President of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable
to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged
by the Vice-President as Acting President.
Section 11 Solves the vexing problem of
determining the existence and termination of presidential
incapacity in cases of dispute.
(1) Declaration by the President. – The
President may transmit to the Senate President and the
Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and
duties of his office. In such case, the Vice-President shall
be the Acting President until the President transmits to
the two officials a written
declaration of the termination of his incapacity. (Sec.
11, par. 1.);
(2) Declaration by the members of the
Cabinet. – In case a majority of all the members of the
Cabinet – who are all the President’s men – transmit such
written declaration, the Vice-President shall immediately
assume the powers and duties of the Office as Acting
President. Thereafter, upon transmitting his written
declaration that no inability exists, the President shall
reassume the powers and duties of his office.
SECTION 12
In case of serious illness of the President, the public shall
be informed of the state of his health. The members of
the Cabinet in charge of national security and foreign
relations and the Chief of Staff of the Armed Forces of the
Philippines, shall not be denied access to the President
during such illness.
SECTION 13
The President, the VP, the Members of the
Cabinet… shall not, unless otherwise provided in the
Constitution, hold any other office or employment during
their tenure. They shall not … practice any other
profession, participate in any business or be
financially interested in any contract with the
Government.
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
Constitutional Commissions or the Office of the
Ombudsman, as Secretaries or heads of bureaus or
offices…

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
 nepotism- papaburan yung fam
 during the tenure of the pres, bawal niyang iappoint
ang asawa niya or any relatives
 prohibited because the qualifications of those
appointed can’t ensured
 what if: already in the position. Dapat bang tanggalin
sa position? Norp
LIMITATIONS ON POWER
• Hold any other office or enjoy any other form of
employment
• Make appointments two months prior to the next
elections
• Make appointments within 4th civil degree of
consanguinity
DISABILITIES OF PRESIDENT, VICE-PRESIDENT,
MEMBERS OF CABINET AND THEIR DEPUTIES
AND ASSISTANTS.
• Prohibition during their tenure.
(a) They shall not hold, unless otherwise provided in
the Constitution any other office or employment;
(b) They shall not practice any other profession;
(c) They shall nor participate, directly or indirectly, in
any business;
(d) They shall not be financially interested, directly or
indirectly, 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 their subsidiaries; and
(e) They shall strictly avoid conflict of interest
(between personal or family interest and public
interest) in the conduct of their office.
SECTION 14
Appointments extended by an Acting President
shall remain effective, unless revoked by the elected
President, within ninety days from his assumption or
reassumption of office.
 Does an Acting President possess powers to appoint?
Yes, but his appointments may be revoked by the elected
President within ninety days from his assumption or
reassumption of office.
SECTION 15
Two months immediately before the next presidential
elections and up to the end of his term, a President or
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Acting President shall not make appointments, except
temporary appointments to executive positions when
continued vacancies therein will prejudice public service or
endanger public safety.
 midnight appointment
 ex: may 9 election, mula march 9 hanggang matapos
election, hindi pwedeng magappoint ng kahit na sino
with respect to any executive position.
 exception: kung gagawa ng appointment, magagamit
lang yun ni pres if temporary appointment lang.
APPOINTMENTS PRECEDING A PRESIDENTIAL
ELECTION
(1) Prohibited if made within two months before.
• Section 15 prohibits an incumbent or Acting
President to make appointments within two
(2) months preceding the date of the next
presidential election and thereafter until the
expiration of the term of the incumbent
President or the tenure of the Acting
President.
(2) Exceptions.
• Temporary appointments to executive
positions when continued vacancies would
prejudice public service or endanger public
safety are not covered by the prohibition.
The reason is very obvious. Note the
requisites: the appointment must be: (a)
temporary in nature; (b) to executive
positions; and (c) urgent in the
interest of public service or public safety. It is
debatable whether permanent
appointments by the President to judicial
positions are also covered by the
prohibition.
(3) Allowed if made more than two (2) months
before.
• Appointments, whether permanent or
temporary, to executive or judicial
position, extended by the incumbent or
Acting President more than two (2) months
preceding the date of the next Presidential
election, are valid.
SPECIFIC POWERS OF THE PRESIDENT
 if the appointment whether that is within the 2 month
prohibition, kung judicial position naman ito ok lang
na gamitin nip pres yung kanyang appointment power
whether temporary or permanent.
ARTICLE V11, SEC. 16-23

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SECTION 16
The President shall nominate and, with the consent
of the Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers
and consuls, or officers of the armed forces from the rank of
colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution.
APPOINTMENT
is the act of designation by the executive officer of
the individual who is to exercise the functions of a given office.
Although the Constitution contains no provision
expressly vesting in the President the power to remove
executive officials from their posts, he still has the removal
power as it is implied from his appointing power.
these pertains to certain positions na pwedeng
iappoint ni pres with and without COAs consent
SECTION 17
COMMAND RESPONSIBILITY
The President shall have control of all the executive
departments, bureaus and offices. He shall ensure that the
laws be faithfully executed.
CONTROL POWER
The President may alter or modify or set aside actions of
subordinate officers. He has also the power to supervise,
investigate, suspend or remove erring officers.
SECTION 18: MILITARY POWER
The President shall be the Commander-in-Chief
of all armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or
rebellion.
once u r pres, it bears with it that u r the commander in
chief of all armed forces. tatlong power ni pres: call
out power, power to suspend
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the privileges of the writ of habes corpus, power to
proclaim martial law
In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or
place the Philippines or any part thereof under martial law.
 suspension of priv and proclaim martial law; invasion
and rebellion; 2 grounds
 must not exceed 60 days. Para di maulit yung
nangyari before na inabot ng 13 years
 Martial law: is supposed to mean that u r protectiong
the civilians hindi yung ikaw katatakutan ng civilians.
 Privilege of writ habeas corpus; rooted from the fact
na nangyari noon. Pag ikaw ay nasuspetyahan na
part ng rebellion, your fam will no longer expect na
makikita ka pang buhay; death is implied.
 Habes corpus; order to armed forces of the phil na
ilabas yung taong nadetain to acertain na buhay pa,
due process.
 Habeas corpus is automatic, privilege of the writ.
 once this is suspended, edi ekis babye undergo
process to see the detainee pa.
Within forty-eight hours from the proclamation of
martial law or the suspension of the privilege of the writ of
habeas corpus, the President shall submit a report in
person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its Members in
regular or special session, may revoke such proclamation
or suspension, which revocation shall not be set aside by
the President.
 why? Marcos era. Naabolish ang congress, walang
tagagawa ng batas. Lahat si Pres.
 if the pres is going to proclaim martial law, then he
must justify the basis of the proclamation
 if hindi najustify, then irrevoke yun ng congress and
walang say jan si president.
Upon the initiative of the President, the Congress
may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress,
if the invasion or rebellion shall persist and public safety
requires it…………
 pwede ba i-extend? What if it took more than 60 days
tas may invasion/rebellion pa rin?
 unless otherwise justified and extension of the
proclamation, then no.
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A state of martial law does not suspend the operation
of the Constitution, nor supplant the functioning of the civil
courts or legislative assembles, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where
civil courts are able to function, nor automatically suspend the
privilege of the writ.
 if nagproclaim ng martial law, it doesn’t mean na hindi
na gagana ang constitution, hindi na pwedeng
iabolish ang congress.
hindi porke nagdeclare ng martial law, automatic nang

masususpend ang privilege ng writ of habeas corpus.
PSY
In the language of Justice Black, it authorizes “the
military to act vigorously for the maintenance of an
orderly civil government.”
SECTION 19
…the President may grant reprieves, commutations
and pardons …
He shall also have the power to grant amnesty
with the concurrence of a majority of all the Members
of the Congress.

REPRIEVE

MILITARY POWERS GIVEN TO THE PRESIDENT BY THE
CONSTITUTION
The President, as Commander-in-Chief, is authorized by
Section 18 under specified conditions:
(1) to call out such armed forces to prevent or
suppress lawless violence, invasion, or rebellion,
(2) to suspend the privilege of the writ of habeas
corpus, and
(3) to place the Philippines or any part thereof under
martial law.
The postponement of the execution of a death sentence.
 may batas na tayo ng death penalty, suspended lang.
 during Estrada era, maraming pending ng punishment
of death penalty. That time, people r clamoring
against death penalty na. So, naggrant ng reprieve si
arroyo. Until came such a time na nasuspend na yung
penalty as capital punishment.
 so yung mga pending, ginawa na lang na mahabang
time sa kulungan, or lifetime

RESTRICTIONS ON THE PRESIDENT’S POWER TO

DECLARE MARTIAL LAW COMMUTATION

1. There must be an invasion or rebellion The reduction of the sentence imposed on a person to a
2. The duration shall not exceed 60 days lesser punishment.
3. The President must submit a report to Congress
PARDON
within 48 hours after the declaration
4. The declaration may be revoked by Congress
It exempts a person from the punishment which the law
5. The Supreme Court may inquire into the sufficiency of
inflicts for a crime he has committed.
the factual basis of the proclamation (Any citizen filed)
AMNESTY
MEANING OF MARTIAL LAW
It abolishes the offense of which a person is charged.
Martial law is essentially police power. This is borne
 nagaapply sa political prisoner
by the constitutional text which sets down “public safety” as
the object of the exercise of martial law. Public safety is the  unlike pardon, wala kang record na ikaw ay kriminal.
concern of police power.
What is peculiar, however, about martial law as police
power is that, whereas police power is normally a function of
the legislature executed by the civilian executive are, under
martial law, police power is exercised by the executive with the
aid of the military and in place of “certain governmental
agencies which for the time being are unable to cope with
existing conditions in a locality which remains subject to the
sovereignty.”

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DIFFERENCES BETWEEN PARDON AND AMNESTY
PARDON AMNESTY
is granted by the Chief by Proclamation of the SECTION 23: INFORMING POWER
Executive and as such it is Chief Executive with the
a private act which must be concurrence of Congress, is The President shall address the Congress at the
pleaded and proved by the a public act of which the
person pardoned, because courts should take judicial  opening of its regular session. He may also
the courts take no notice. appear before it at any other time.
notice thereof;
Section 23 gives an opportunity to the
is granted to one after granted to classes of President to give information on the “state of the
conviction; persons guilty of political
nation” and to recommend such measures to the
offense, generally before or
after the institution of the legislature as he may
criminal prosecution and
deem necessary and proper.
sometimes after conviction.

looks forward and amnesty looks backward

relieves the offender from and abolishes and puts
the consequences of an into oblivion the offense  PREROGATIVE TO ADDRESS AND APPEAR
offense of which he has itself, it so overlooks and BEFORE CONGRESS.
been convicted; abolishes obliterates the offense with This provision furnishes an opportunity on the part of the
or forgives the punishment. which is charged that the President at the opening of the regular session of Congress
person released by
(Art. VI, Sec. 15.)
amnesty stands before the
law precisely as though he (1) to give information on the “state of the nation” and
had committed no offense. (2) to recommend to the consideration of the legislative
body such measures as he may deem necessary and
proper.
Such measures are, of course, merely proposals. They may
have no binding effect until enacted by the Congress. The
SECTION 20: BORROWING POWER
address may also contain guidelines of national policy. The
The President may contract or guarantee foreign President may appear before Congress at any other time he
loans on behalf of the Republic of the Philippines with the may choose after the opening of its regular session
prior concurrence of the Monetary Board, and subject to
such limitations as may be provided by law.

FOREIGN RELATIONS POWERS OF THE PRESIDENT

(1) the power to negotiate treaties and international
agreements;
(2) the power to appoint ambassadors and other public
ministers and consuls;
(3) the power to receive ambassadors and other public
ministers accredited to the Philippines;
(4) the power to contract and guarantee foreign loans on
behalf of the Republic;
(5) the power to deport aliens.

SECTION 22: BUDGETARY POWER

The President shall submit to the Congress within

thirty days from the opening of every regular session, as the
basis of the general appropriations bill, a budget of
expenditures and sources of financing, including receipts
from existing and proposed revenue measures.

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PPGC 211 ARTICLE 8:
JUDICIAL DEPARTMENT
PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
SECTION 1
The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
 Supreme court; highest court of the land
 The only court created by the constitution is the
supreme court and it is vested with judicial power
JUDICIAL POWER
Judicial power: the power to apply the laws to
contests or disputes concerning legally recognized rights
Loosely, the judiciary refers to the court system
Generally entails two activities:
1. Settling legal controversies
2. Determining whether there has been grave abuse of
discretion amounting to lack or excess of jurisdiction
by any branch of government
 Legal dispute, magssettle ng kaso.
 Court has jurisdiction; authority of that court to hear
your case, held the trial, and carry out decision
 Grave abuse of discretion; judicial power in context
kasi may legal controversy, ang ginagawa ng court
dito ay judicial review.
 U have abused the discretion of power, u did smn
against the constitution therefore it must be
struck down
SECTION 2
 The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of the 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.
 Congress has the power to create new courts and to
apportion jurisdiction among various courts. However,
in the exercise of this power Congress may not impair
the independence of the judiciary.
 Congress na ang bahala magdesignate ng iba pang
(lower) courts, di pwede ideprive si supreme court
kasi ang jurisdiction non was made by the constitution
kaya di siya pwede pakielaman ng congress
 Justices ng supreme court; meron silang retirement
age rather than terms.
 Dapat theres no other way para magalaw yung
power and independence of judiciary coming
from the acts of congress.
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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.
 “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 is granted to
the Supreme Court in order to strengthen its
independence.
 Fiscal autonomy; all about budget of that
department.
 Para mapangalagaan ang independence ng judiciary,
hindi pwedeng mabawasan yung budget ng judiciary.
Either stays the same or magincrease
 No need approval
Di makakainterefre sakanila ang other sectors when it

comes to money matters
SCOPE OF JUDICIAL POWER
 Adjudicating Power
 The power to settle legal disputes
 Power of Judicial Review
 Refers to the power of the Supreme Court to interpret
and make judgments with respect to the law
 Incidental Powers
 Powers necessary for the discharge of the judicial
function
SECTION 4
The Supreme Court shall be composed of a Chief
Justice and fourteen Associate Justices. It may sit en banc or in
its discretion, in division of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the occurrence
thereof.
THE SUPREME COURT
Composition
 1 Chief Justice and 14 Associate Justices
 Sits en banc or in divisions
Qualifications
 By appointment  40 years of age
 Natural born citizen
 Judge or legal practitioner for 15 years
• 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

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
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.
• 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.
• Required votes: 50%+1
EN BENC CASES
1. all cases involving the constitutionality of a treaty,
international or executive agreement, or law;
2. all cases which under the Rules of court may be
required to be heard en banc;
3. all cases involving the constitutionality, application or
operation of presidential decrees, proclamations,
orders, instructions, ordinances and other regulations
4. cases heard by a division when the required majority
in the division is not obtained;
5. cases where the Supreme Court modifies or reverses
a doctrine or principle of law previously laid down
either en banc or in division;
6. administrative cases involving the discipline or
dismissal of judges of lower courts (Section 11);
7. election contests for President or Vice-President.
POWERS OF THE SUPREME COURT SECTION
5, PAR. 1-6
SC HAS JURISDICTION OVER:
1 even tho its an opinion, it must be justified by law. May
• Cases involving ambassadors and public ministers
2
• Petitions for certiorari, mandamus, quo warranto,
prohibition & habeas corpus
CERTIORARI
Certiorari is a writ or order issued by a superior
court to an inferior tribunal or an officer exercising judicial
function in order to correct the act or acts of the latter
when same are done without or in excess of jurisdiction or
with grave abuse of discretion and that the aggrieved party
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has no other plain, speedy and adequate remedy;
PROHIBITION
Prohibition is also a judicial order the purpose of which is to
prevent the carrying out or commission of an act by an inferior
tribunal or person exercising judicial or non-judicial functions.
MANDAMUS
Mandamus is likewise a judicial order similar to the foregoing
but the purpose is to compel the performance of an act by an
inferior tribunal or person.
QUO WARRANTO
Quo warranto proceeding is one brought in the name of the
Republic of the Philippines when there is usurpation of public
office or franchise and the usurper or holder of such public
office or franchise is not legally entitled thereto. (Rule 65,
Rules of Court.)
HABEAS CORPUS
A Habeas corpus petition is available to a person who is
unlawfully deprived of his freedom and results in such person
being brought up to court by the detention officer in order that
the legality and illegality of the detention shall be determined.
3
 Review judgments of lower courts on cases
involving constitutionality, legality of any tax, reclusion
perpetua and errors on questions of law
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
basis pa rin, di lang basta opinion
4
• Order a change of venue for a trial
5
• Promulgate rules of court
6
• Appoint officials of the judiciary and hire employees for the
judicial branch

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
SECTION 6
The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
ADMINISTRATIVE SUPERVISION OVER LOWER
COURTS
The Supreme Court exercise administrative supervision
over all courts from the Court of Appeals down to the
lowest courts and the personnel thereof. This is one of the
fundamental changes introduced in respect of the judicial
system by the 1973 Constitution.
SECTION 7
(1) No person shall be appointed Member of the Supreme
Court …unless he is a natural-born citizen of the
Philippines. A Member of the Supreme Court must be at
least forty years of age, and must have been for fifteen
years or more, a judge of a lower court or engaged in the
practice of law in the Philippines.
QUALIFICATIONS OF A MEMBER OF THE SUPREME
COURT
1. must be a natural-born citizen of the Philippines;
2. must be at least forty years of age,
3. must have been for fifteen years or more a judge
of a lower court or engaged in the practice of law
in the Philippines;
4. a person of proven competence, integrity, probity
and independence.
Pag sinabing engaged in the practice of law, you are

a lawyer
Required na abogado bago maging qualified na

member of the supreme court of justice
Mataas qualifications, may character aspect din

 Bago sila mapunta sa posisyon nila, ineevaluate sila.
Dapat proven yung competence nila
 Retirement age: 70 or til incapacitated to do their duty
SECTION 8
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
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professor of law, a retired Member of the Supreme Court,
and a representative of the private sector.
JUDICIAL AND BAR COUNCIL
 Tasked with nominating appointees to the
Judiciary
(SC  3)
 Composition:
 Chief Justice
 Secretary of Justice
 Representative from Congress
 IBP Representative
 Retired member of the Supreme Court
 Prof. of law
 Private Sector Representative
 Ibr; samahan ng mga abogado sa pilipinas
 Trabaho nila: magbigay ng listahan ng nominado
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 preferred by the Judicial and Bar
Council for every vacancy. Such appointments need no
confirmation.
• For the lower courts, the President shall issue the
appointment within ninety days from the submission of the
list.
 Ex bakante chief justice, anyone in practice of law
nagapply for the position, judicial council ang bahala
mag evaluate ng kanilang application and merit of
qualification
Malinis na track record need for chief justice
 Magkakaron ng tatlong short listed na nominated, tas
don mamimili si pres.
 When it comes to the appointment of members of
judicial dept, no need approval ni COAppointment
 JDC, SHORTLISTS THREE NOMINEES
SECTION 10
The salary of the Chief Justice and of the Associate
Justices of the Supreme Court, and of judges of lower courts
shall be fixed by law. During the continuance in office, their
salary shall not be decreased.
After Congress has fixed the compensation of any of them,
it may not reduce the same during his incumbency;

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
PURPOSE OF THE PROHIBITION
the purpose is not to benefit the judges but to attract
good and competent men to the bench and to promote their
independence of action and judgment.
SECTION 11
The Members of the Supreme Court and judges
of the lower court shall hold office during good behavior
until they reach the age of seventy (70) years or become
incapacitated to discharge the duties of their office.
The Supreme Court en banc shall have the
power to discipline judges of lower courts, or order their
dismissal by a vote of majority of the Members who
actually took part in the deliberations on the issues in the
case and voted in thereon.
IMPORTANCE OF SECURITY OF TENURE
• Section 11 insures the security of tenure of the
members of the Supreme Court and the judges of
lower courts.
• They shall hold office during good behavior until they
reach the age of seventy (70) years or
• become incapacitated , physically or mentally, to
discharge the duties of their office.
• Security of tenure dependent upon good behavior has
long been considered as an indispensable guarantee
to keep judicial independence, the cornerstone of all
systems of effective administration of justice.
RETIREMENT AGE
• The retirement age in the 1973 Constitution was
reduced from the original seventy (70) to sixty-five
(65) years which is the retirement age of other non-
elective government officials and employees and
restored again to seventy (70).
• The reduction was obviously intended to afford
members of the judiciary ample time to enjoy the
benefits of their retirement from the service and to
give opportunity to comparatively younger men to
occupy the Bench.
TERMINATION OF RIGHT TO HOLD OFFICE
• The Constitution provides for the impeachment of the
members of the Supreme Court. (Article XI, Section
2.) As for judges of lower courts, Congress has the
power to prescribe the procedure and the causes for
their removal.
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 Thru impeachment lang natatanggal ang member of
the supreme court
DISCIPLINING OR DISMISSAL OF JUDGES OF
LOWER COURTS.
• The present Constitution gives to the Supreme Court
the power to discipline judges of lower courts,
including justices of the Court of Appeals and the
Sandiganbayan.
• 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, it can order their dismissal.
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 function.
REASONS FOR THE PROHIBITION
1. Such designation violates the doctrine of separation of
powers between the judicial and the executive
branches of the government;
2. It may compromise the independence of the members
in the performance of their judicial functions;
3. With so many cases pending in courts, the practice
will result in further delay in their disposition.
The Supreme Court and the Court of Appeals
particularly, which are already burdened with heavy
load of cases, could never reduce, much less
eliminate, the backlog in their dockets if their
members could be assigned to non-judicial agencies.
SECTION 13
The conclusions of the Supreme Court in any case
submitted to it for the decision en banc or in division shall be
reached in consultation before the case assigned to a Member
for the writing of the opinion of the Court.
A certification to this effect signed by the Chief Justice
shall be issued and a copy thereof attached to the record of the
case and served upon the parties.
 Every conclusion given by the supreme court, need
ng consulation ng isat isa and certification ni chief
justice

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PHILIPPINE POLITICS, GOVERNANCE, AND CITIZENSHIP
SECTION 14
No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the law
on which it is based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied
without stating the legal basis therefore.
MEANING OF DECISION
Decision is the judgment rendered by a court of justice or
other competent tribunal after the presentation of the
respective positions of the parties in an ordinary or criminal
case or upon a stipulation of facts upon which the disposition of
the case is based.
SECTION 15
1. All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within
twentyfour months from date of submission for the
Supreme Court, and, unless reduced by the Supreme
Court, twelve months for all lower collegiate courts,
and three months for all other lower courts.
2. A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the Rules
of Court or by the court itself.
Nbrs of periods or decisions, nabago na
to wag na pansinin si 15
MAXIMUM PERIODS FOR RENDITION OF
DECISIONS
From date of submission for decision or resolution –
by constitutional mandate, the various courts must decide
or resolve a case or matter submitted thereto within the
following periods from the date of submission:
courts and the administration of justice.
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 Supreme Court – within twenty-four (24) months;
 The Court of Appeals and other collegiate
appellate courts – within twelve (12) months
unless reduced by the Supreme Court;
 Lower courts – within three (3) months unless
reduced by the Supreme Court.
A case or matter is deemed submitted for decision or resolution
from the date the last pleading (Section 5[5].), brief, or
memorandum is filed.
PLEADING
IN LAW –pleading is a formal statement of the cause
of an action or defense.
BRIEF
A brief (Old French from Latin "brevis", short) is a
written legal document used in various legal adversarial
systems that is presented to a court arguing why one party to
a particular case should prevail.
MEMORANDUM
A "memorandum of law" may be prepared by an
attorney to support a legal argument, which is similar to a brief
but with less attention to legal writing formalities.
SECTION 16
The Supreme Court shall, within thirty days from the
opening of each regular session of the Congress, submit to the
President and the Congress an annual report on the operations
and activities of the Judiciary.
The above provision requires the Supreme Court to
submit to the President and Congress an annual report on the
operations and activities of the judiciary. Through such report
and the recommendations that the Supreme Court may make,
the President and the Congress may be guided in proposing or
in the enactment of legislation affecting the