What is the Philippine Political Party System, Purpose and Its controversial issues and focus on the particularistic
the particularistic distribution
Main Characteristics
The Philippine Political Party System refers to the structure and
dynamics of political parties in the Philippines. Its purpose is to
provide a framework for political competition, representation, and
governance in the country. The main characteristics of the Philippine
political party system, as described in the provided document, are as
follows:
1. Two-party system: The system is dominated by two major
parties, the Nacionalistas and the Liberals, which have
consistently received a significant majority of the votes in post-
war elections.
2. Margins between major parties: While the major parties have
substantial differences in strength, the margins between them are
not extreme. The difference in the nation-wide vote for the
candidates of the two major parties ranges from 12 to 27 percent
in various elections.
3. Frequent power trading: The major parties trade power at
frequent intervals, with the presidency and control of the House
of Representatives and the Senate alternating between them.
Neither party has held the presidency for more than two
consecutive four-year terms.
4. Equal lengths of party control: The major parties have controlled
the government for approximately equal lengths of time.
Between the first post-war elections and the end of 1966, the
Nacionalista and Liberal parties held the presidency for 9 and 11
years, respectively.
5. Identical major parties: The two major parties are virtually
identical, catering to the needs and interests of all social classes,
regions, and interest groups. They avoid clear commitments on
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of rewards to their supporters.
6. Party-switching is common. A shift in popular support from one
party to the other, or the expectation of such a shift, generally
leads to changes of party allegiances by many professional
politicians eager to remain on the side of those in power.
7. Intra-party solidarity is weak. This fact is demonstrated by the
large number of "rebel candidates," who run for public office.
These are party members who, having failed in their efforts to
have themselves named their parties' "official candidates", run
for office nonetheless despite the fact that by doing so, they will
assure the defeat of their party's official candidates at what
otherwise might have been certain victories.
These characteristics contribute to the stability and continuity of
the Philippine political party system, although it is noted that the
system may evolve in the future.
IDENTICAL PARTIES: CAUSES
One explanation often advanced by observers is that the two major
parties are alike because both are parties of the rich. Even if both
major parties are considered upper-class parties, there could still be
important issues that could divide the upper class and produce two
easily distinguishable upper-class parties.
The identicalness of the two major parties in the Philippines is not
solely based on the social class of their members. It states that
Philippine parties are not to be dismissed simply as parties of the
upper class. Both parties depend on the electoral support of the
common people for their success at the polls. The high cost of
election contests and the requirement for candidates to meet most of
the cost of their own campaigns ensure that virtually all holders of
high offices will be men of substantial means. However, looking at
the socio-economic attributes of a party’s leaders is not enough to
determine whose interests the parties represent. Both parties in the
Philippines rely on the electoral support of the common people, and
their success depends on satisfying the needs of all regions, interests,
and social strata simultaneously.
 Particularism. Filipinos in general display a high degree of
interest in what is specific, concrete and near at hand in
space and time, and a relatively low degree of interest in
what is general, abstract and remote. This bias in favor of the
particular may be observed in the sphere of political
perception.
 The lure of power and dependency. Th e difference
between two persons who cooperate* dyadically may lie in
their occupations, as in the case of the farmer and the
fisherman. But it may also lie in their unequal socio-
economic status.
 Parochialism. The third phenomenon which helps to account
for these and certain other characteristics of the party system
is political parochialism, i.e. the tendency of rural Filipinos
to choose their political alignments mainly on the basis of
essentially local considerations. There appear to be several
reasons for this high degree of parochialism in politics.
POLITICAL ORGANIZATIONS
Four Types
 Personal followings. The strong disposition of Filipinos to
create relationships of leadership and followership has been
noted. Leaders and followers may be thought of as being the
electrons and protons of Philippine politics. The atoms into
which they arrange themselves are the personal followings of
individual politicians. These consist in each case of a single
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leader, together with the various individuals who have chosen to
follow him.
 Kingpins, The political machines of kingpins, found in some—
but by no means in all provinces, are combinations of a different
type. They may be described as tiered pyramids of personal
followings ruled by a great leader, the "kingpin", whose
followers in turn command followers of their own. The kingpin,
typically, exercises province wide leadership.
 Parties. Another type of political unit is the constituency
organization of a nation-wide political party. Both major parties
have such organizations in all provinces and in almost every
town. In contrast to personal followings, factions and the
political machines of kingpins, constituency party organizations
are discrete, formally organized groups.
 The interrelationship of political structures: Leaders of
personal followings, factions, kingpins, and party organizations
are found at all levels of political activity from the village
upwards. But the strength of the hold of these diverse structures
upon the loyalty of political activists varies from one level to
another.
POLITICAL RECRUITMENT AND POLITICAL PARTIES
Political recruitment and political parties are closely intertwined, as
parties play a crucial role in identifying, selecting, and encouraging
individuals to become involved in politics and join their ranks.
Political recruitment is essential for the vitality and sustainability of
political parties, as it ensures a continuous influx of new members
and leaders who can contribute to the party’s activities and goals.
Political parties engage in various strategies to recruit individuals
who align with their ideologies and objectives. These strategies can
include:
 Outreach and Engagement: Parties actively reach out to potential
candidates and members through recruitment drives, public
 events, and networking opportunities. They may target
individuals with specific skills, expertise, or backgrounds that
align with the party’s priorities.
 Training and Development: Parties often provide training
programs and resources to develop the political skills and
knowledge of potential candidates and party members. These
programs can include workshops, seminars, and mentorship
opportunities to enhance their understanding of party principles,
campaign strategies, and policy issues.
 Candidate Selection Processes: Parties typically have formal
procedures for selecting candidates for elections. These
processes may involve internal party committees, nomination
conventions, or primary elections to vet and choose candidates
who will represent the party in electoral contests.
 Support and Resources: Political parties offer support and
resources to individuals interested in running for office. This can
include financial assistance, campaign infrastructure, access to
party networks, and guidance on campaign strategies.
 Networking and Connections: Parties provide opportunities for
individuals to build networks and connections within the
political sphere. This can involve connecting potential candidates
with party leaders, elected officials, and influential party
members who can provide guidance, endorsements, and support.
 Effective political recruitment practices help parties diversify
their candidate pool, ensure representation from different social,
economic, and demographic backgrounds, and foster a sense of
inclusivity within the party. It also helps parties identify and
nurture future leaders who can contribute to the party’s growth
and success.
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In summary, political recruitment is a vital aspect of political parties,
as it involves identifying, selecting, and encouraging individuals to
become involved in politics and join party ranks. Parties employ
various strategies to recruit individuals who align with their
ideologies and objectives, including outreach, training, candidate
selection processes, support, and networking opportunities. Political
recruitment is crucial for the vitality and sustainability of parties, as
it ensures a continuous influx of new members and leaders who can
contribute to the party’s activities and goals.
PARTIES AND PUBLIC POLICY
The relationship between political parties and public policy in the
Philippine political party system is characterized by a lack of distinct
party programs and a focus on personal programs of individual
presidents.
In the Philippines, the leaders of each political party are united by
little more than their common desire to be elected. As a result, there
are no party programs that are supported by the party’s leadership as
a whole and represent genuine commitments to the electorate.
Instead, there are only the personal programs of individual
presidents.
Each new president, before or after assuming office, formulates a
program for their administration based on their personal convictions
and the advice of their principal lieutenants in the executive branch
and Congress. However, these programs are often limited by the
expectations of various organized and unorganized interests that
cannot be ignored.
The ability of a president to enact their program is constrained not
only by their control over their party members in Congress but also
by the occasional indiscipline of cabinet members and a lack of
public interest and support for presidential programs as such. The
financing of each candidate’s campaign is assumed to be their own
responsibility, and little financial help is expected from the party.
The lack of distinct party programs and the focus on personal
programs of individual presidents suggest that public policy in the
Philippines is shaped more by the personal convictions and interests
of individual leaders rather than by cohesive party platforms or
ideologies.
In summary, in the Philippine political party system, there are no
distinct party programs supported by the party’s leadership as a
whole. Instead, public policy is primarily driven by the personal
programs of individual presidents, formulated based on their own
convictions and the advice of their key advisors. The lack of
cohesive party platforms and ideologies highlights the importance of
individual leaders in shaping public policy in the Philippines.
UNITY AND DIVISION IN THE BODY POLITIC
It highlights certain factors that contribute to both unity and division
in the country.
Unity:
Homogeneity: The document mentions that the Philippines has a
highly homogeneous Christian population, with the majority of the
population being Catholic. This shared religious identity has
contributed to a sense of unity among the people.
National Education System: The document states that a uniform
system of public and private education, which uses English as the
language of instruction, has resulted in a high degree of uniformity in
party alignment throughout the nation. This suggests that the
education system has played a role in fostering a sense of unity
among Filipinos.
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Division:
Regional Rivalry: The document notes that regional rivalry is not a
serious problem in the Philippines. However, it mentions that some
leaders in the southern Muslim provinces complain about neglect
from the central government. This indicates that regional disparities
and grievances can contribute to division within the country.
Communalism: The document states that communalism, or conflicts
between religious or ethnic communities, is not a serious problem in
the Philippines. While there have been disputes over property and
occasional tensions, the document suggests that non-Catholics,
including Protestants and Muslims, have been elected to high
positions by popular majorities composed largely of Catholic voters.
This indicates a level of inclusivity and unity across religious lines.
Conflicts of Interest: The document mentions conflicts of interest
between different groups, such as between the city and the
countryside. It highlights the battle between agricultural producers,
particularly in the sugar industry, and their desire to preserve their
favored position. These conflicts of interest can contribute to
divisions within the body politic.
The Philippines experiences both unity and division within its body
politic. Factors such as religious homogeneity, a national education
system, and inclusive political representation contribute to unity.
However, regional rivalries, communal tensions, and conflicts of
interest can lead to divisions within the country.
PARTY-LIST SYSTEM IN THE PHILIPPINES AND ITS
IMPACT ON DEMOCRACY
The party-list system was introduced in the Philippines to bring
grassroots-based political forces into the legislature and broaden
democratic representation.
The 1998 and 2001 party-list elections faced challenges due to a lack
of voter education and confusion among voters and election officials.
Only about 32 percent of voters participated in the party-list
elections, resulting in a low voting percentage for the system.
Many party-list groups negotiated with established parties and local
politicians to access their vote bases.
The 2001 party-list elections resulted in the election of five parties
and seven representatives, including Bayan Muna, Akbayan, Butil,
APEC, and CIBAC.
The Supreme Court played a role in reviewing the qualifications of
party-list organizations and disqualifying some groups.
The document suggests reforms to the party-list system, including
abolishing the limit of three seats per winning organization, changing
the minimum threshold to a more practical and proportional one, and
basing the seats on the total votes cast for winning organizations.
The party-list system is seen as an accommodation of grassroots-
based politics within the existing elite-dominated political system.
RA 7941 and the Elite Reluctance to Recognize New Politics
from Grassroots
. among voters, COMELEC staff, and teacher-volunteers. The lack of
RA 7941: The document mentions that RA 7941 was enacted as the
enabling law to implement the party-list system in the Philippines. It
aimed to provide marginalized sectors and grassroots-based
organizations with representation in Congress.
Elite Reluctance: The document highlights the resistance and
reluctance of the elite to acknowledge and accept the new political
landscape shaped by grassroots movements. The elite, who held
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power and influence in the traditional political system, were hesitant
to share their dominance with these emerging forces.
Limitations of the Compromise: The document suggests that the
party-list system, as established by RA 7941, was a result of political
compromise. However, it argues that this compromise had
limitations and did not fully address the aspirations and demands of
grassroots movements.
Accommodation of Grassroots Politics: The party-list system,
according to the document, can be seen as an accommodation forced
upon the elite by the circumstances of the downfall of the
dictatorship through people power. It represents an elite
accommodation of grassroots-based politics, rather than a genuine
transformation of the political system.
Elite Control: The document implies that the party-list system, as
implemented under RA 7941, still reflects the influence and control
of the traditional elite. It suggests that the system allows the big
political parties or their surrogates to maintain power and influence,
limiting the true representation of marginalized sectors.
The Ugly Reality of the 1998 and 2001 Party-List Elections
Lack of Voter Education: The document highlights the failure of the
Commission on Elections (COMELEC) to provide adequate
educational campaigns on the party-list system. This led to confusion
voter education contributed to the challenges faced during the
elections.
NGO Intervention: The document mentions that non-governmental
organizations (NGOs) provided some level of education and filled
the void left by the COMELEC’s inadequate campaign. However,
the impact of NGO intervention was limited due to time constraints
and the inability to reach a widespread audience.
Low Voter Turnout: The document states that only about 32 percent
of voters participated in the party-list elections, which translated to
approximately 26 percent of the total registered voters. This low
voting percentage indicates a lack of awareness or interest in the
party-list system among the electorate.
Meddling and Negotiations: The document highlights allegations of
meddling by banned parties, particularly the ruling Lakas party,
during the elections. It also mentions that many party-list groups
negotiated with established parties and local politicians to gain
access to their vote bases. These actions raise concerns about the
integrity and independence of the party-list system.
Newcomers and Representation: The document notes that the
majority of the participating organizations in the party-list elections
were new to the electoral arena. These organizations represented
sectoral or minority interests not typically seen in Congress. The
high number of participating parties and organizations reflects the
openness and vibrancy of the electoral process.
Overall, the analysis suggests that the 1998 and 2001 party-list
elections in the Philippines were marred by a lack of voter education,
allegations of meddling, and negotiations between party-list groups
and established parties. The low voter turnout and the entry of new
organizations into the electoral arena highlight both the challenges
and potential of the party-list system in broadening representation.
What is the Reform Agenda and its purpose for the Party-List
System
The reform agenda for the party-list system aims to address the
limitations and challenges faced by the system in the Philippines. Its
purpose is to enhance the system’s effectiveness in promoting
democratic representation and empowering marginalized sectors.
Here are the key points regarding the reform agenda:
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Diffusion and Assimilation of Social Forces: The reform agenda
recognizes the urgent need to enable the diffusion and assimilation of
social forces from below. It seeks to provide a platform for
grassroots-based political actors to participate in the political process
and have their voices heard.
Democratization of Philippine Politics: The reform agenda aims to
contribute to the democratization of Philippine politics by
dismantling the elite monopoly of political power. It seeks to
challenge the entrenched political lords and bring marginalized
sectors into mainstream politics.
Making the Party-List System Work: The reform agenda emphasizes
the importance of making the party-list system work effectively. It
recognizes the need for reforms to ensure that the system is not
merely an accommodation but a genuine avenue for grassroots-based
parties and organizations to participate in governance.
Reforms to the System: The document suggests several reforms to
the party-list system. These include abolishing the limit of three seats
per winning organization, changing the minimum threshold to a
more practical and proportional one, and basing the seats on the total
votes cast for winning organizations.
Strengthening Criteria for Participation: The reform agenda calls for
stricter criteria for qualifying party-list organizations. This is to
ensure that only genuine grassroots-based groups with a credible
constituency are eligible to participate in the party-list elections.
Definitive Governance Framework: The reform agenda emphasizes
the need for a definitive governance framework for the party-list
system. This framework would provide clear guidelines and
regulations for the system’s operation, ensuring transparency,
fairness, and accountability.
Overall, the reform agenda for the party-list system seeks to enhance
its potential as a tool for democratic representation and
empowerment of marginalized sectors. It aims to address the existing
limitations and challenges, making the system more effective and
inclusive in promoting a broadened Philippine democracy.
The Party-List in a Philippine Parliamentary System
The party-list system in a Philippine parliamentary system refers to
the inclusion of party-list representatives in the legislative body of a
parliamentary government. In this system, political parties or
organizations representing marginalized sectors or specific interest
groups can participate in the elections and secure seats in the
parliament through the party-list system.
In a parliamentary system, the party-list representatives are elected
based on the proportion of votes received by their respective parties
or organizations. The number of seats allocated to party-list
representatives is determined by the percentage of votes they receive
in the elections. This system aims to provide representation to sectors
or groups that may not have a strong presence in traditional district-
based elections.
The party-list representatives, once elected, participate in the
legislative process, contribute to policy-making, and represent the
interests of their respective sectors or groups. They have the
opportunity to voice the concerns and advocate for the rights and
welfare of marginalized sectors in the parliament.
The inclusion of the party-list system in a Philippine parliamentary
system is seen as a means to broaden democratic representation and
ensure that the voices of marginalized sectors are heard in the
legislative process. It provides an avenue for grassroots-based parties
and organizations to participate in governance and contribute to the
decision-making process at the national level.
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ARTICLE VI – THE LEGISLATIVE DEPARTMENT
Sec. 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.
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1. Original – Possessed by the people in their sovereign
capacity
2. Delegated – Possessed by Congress and other legislative
bodies by virtue of the Constitution
3. Constituent – The power to amend or revise the Constitution
4. Ordinary – The power to pass ordinary laws
Note: The original legislative power of the people is exercised via
initiative and referendum. In this manner, people can directly
propose and enact laws, or approve or reject any act or law passed by
Congress or a local government unit.
Limits on the legislative power of Congress:
1. Substantive – limitations on the content of laws. E.g. no law
shall be passed establishing a state religion.
2. Procedural – limitations on the manner of passing laws. E.g.
generally a bill must go through three readings on three
separate days.
Note: Provided that these two limitations are not exceeded,
Congress’ legislative power is plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealable laws. Since Congress’
powers are plenary, and limited only by the Constitution, any
 attempt to limit the powers of future Congresses via an
irrepealable law is not allowed.
2. Congress, as a general rule, cannot delegate its legislative
power. Since the people have already delegated legislative
power to Congress, the latter cannot delegate it any further.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such
delegation [see Art. VI Sec. 23(2)]
What may Congress delegate:
Congress can only delegate, usually to administrative agencies,
RULE-MAKING POWER or LAW EXECUTION. This involves
either of two tasks for the administrative agencies:
1. “Filling up the details” on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a “contingent” law
or provision into actual operation.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by the qualified voters of
the Philippines, as may be provided by law.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately
preceding the day of the election.
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Note: The qualifications of both Senators and Members of the
House are limited to those provided by the Constitution. Congress
cannot, by law, add or subtract from these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30
June next following their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall
not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by law;
and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts apportioned
among the provinces, cities and the Metropolitan Manila
area.
2. Legislative districts are apportioned in accordance with the
number of inhabitants of each area and on the basis of a
uniform and progressive ratio.
1. Each district shall comprise, as far as practicable,
contiguous, compact and adjacent territory;
2. Each city with at least 250,000 inhabitants will be entitled to
at least one representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress
within 3 years after the return of each census. According to
Jack, however, while the apportionment of districts is NOT a
political question, the judiciary CANNOT compel Congress
to do this.
 5. The standards used to determine the apportionment of
legislative districts is meant to prevent ‘gerrymandering’,
which is the formation of a legislative district out of separate
territories so as to favor a particular candidate or party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately
preceding the day of the election.
Term of Office
1. Each member of the House shall be elected for a term of
three (3) years which shall commence (unless otherwise
provided for by law) at noon on 30 June next following their
election.
2. Voluntary renunciation of office for any length of time shall
not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more
than three (3) consecutive terms.
Distinctions between Term and Tenure
1. Terms means the period during which the elected officer is
legally authorized to assume his office and exercise the
powers thereof.
2. Tenure is the actual period during which such officer
actually holds his position.
Limitation/Possible Reduction
1. Term CANNOT be reduced.
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2. Tenure MAY, by law, be limited. Thus, a provision
which considers an elective office automatically
vacated when the holder thereof files a certificate of
candidacy for another elective office (except
President and Vice-President) is valid, as it only
affects the officers tenure and NOT his
constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives,
including those under the party-list system (thus a maximum
of 50 party-list members of the House)
2. However, for 3 consecutive terms from 2 February 1987
(i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be
allotted to sectoral representatives. Under Art. XVIII, Sec.
7, the sectoral representatives are to be appointed by the
President until legislation otherwise provides.
Mechanics of the party-list system:
1. Registered organizations submit a list of candidates
in order of priority.
2. During the elections, these organizations are voted
for at large.
3. The number of seats that each organization gets out
of the 20% allotted to the system depends on the
number of votes they get.
Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election
3. Able to read and write
Sec. 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.
 be sanctioned by either the Senate or the House
Sec. 10. Salaries of Senators and Members of the House as the case may be.
(ii) The ‘speech or debate’ must be made in
Determination of Salaries: performance of their duties as members of
Salaries of Senators and Members of the House of Representatives Congress. This includes speeches delivered,
shall be determined by law. statements made, votes cast, as well as bills
introduced, and other activities done in
Rule on increase in salaries: performance of their official duties.
No increase in their salaries shall take effect until after the (iii) Congress need NOT be in session when the
EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL utterance is made, as long as it forms part of
THE MEMBERS OF THE SENATE AND THE HOUSE OF ‘legislative action,’ i.e. part of the deliberative
REPRESENTATIVES APPROVING SUCH INCREASE. and communicative process used to participate
Note: Since the Constitution ‘provides for rules on “salaries” and not in legislative proceedings in consideration of
on ‘emoluments,’ our distinguished legislators can appropriate for proposed legislation or with respect to other
themselves other sums of money such as travel allowances, as well matters with Congress’ jurisdiction.
as other side ‘benefits.’
Sec. 12. All Members of the Senate and the House of
Sec. 11: CONGRESSIONAL IMMUNITIES Representatives shall, upon assumption of office, make a full
1.) Immunity from arrest: disclosure of their financial and business interests. They shall
1. Legislators are privileged from arrest while Congress is “in notify the House concerned of a potential conflict of interest that
session” with respect to offenses punishable by up to 6 years may arise from the filing of a proposed legislation of which they
of imprisonment. Thus, whether Congress is in regular or are authors.
special session, the immunity from arrest applies.
2. If Congress is in recess, members thereof may be arrested. Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
3. The immunity is only with respect to arrests and NOT to Disqualifications:
prosecution for criminal offenses. DISQUALIFICATION WHEN APPLICABLE
2.) Legislative privilege:
1. No member shall be questioned or held liable in any forum 1. Senator/Member of the House During his term. If he does
other than his/her respective Congressional body for any cannot hold any other office or so, he forfeits his seat.
debate or speech in the Congress or in any Committee employment in the Government or
thereof. any subdivision, agency or
2. Limitation on the privilege: Instrumentality thereof, including
(i) Protection is only against forum other than GOCCS or their subsidiaries.
Congress itself. Thus for inflammatory remarks
which are otherwise privileged, a member may 2. Legislators cannot be appointed to IF the office was created or
any office. the emoluments thereof

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 increased during the term for 2.) Continues in session for as long as it sees fit, until 30 days
which he was elected. before the opening of the next regular session, excluding Saturdays,
3. Legislators cannot personally During his term of office. Sundays, and legal holidays.
appear as counsel before any
court of justice, electoral Special Sessions:
tribunal, quasi-judicial and Called by the President at any time when Congress is not in session.
administrative bodies.
Sec. 16. Officers:
4. Legislators cannot be During his term of 1.) Senate President;
financially interested directly or office. 2.) Speaker of the House; and
indirectly in any contract with or 3.) Each House may choose such other officers as it may deem
in any franchise, or special necessary.
privilege granted by the
Government, or any subdivision, Election of Officers
agency or instrumentality By a majority vote of all respective members.
thereof, including any GOCC or
its subsidiary. Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may
compel the attendance of absent members.
3. In computing a quorum, members who are outside the
country and thus outside of each House’s coercive
jurisdiction are not included.
5. Legislators cannot intervene When it is for his
in any matter before any office pecuniary benefit or Internal Rules:
of the government. where he may be called 1. Each House shall determine its own procedural rules.
upon to act on account of 2. Since this is a power vested in Congress as part of its
his office. inherent powers, under the principle of separation of powers,
the courts cannot intervene in the implementation of these
rules insofar as they affect the members of Congress.
Sec. 15: REGULAR AND SPECIAL SESSIONS 3. Also, since Congress has the power to make these rules, it
Regular Sessions: also has the power to ignore them when circumstances so
1.) Congress convenes once every year on the 4th Monday of July require.
(unless otherwise provided for by law)

Discipline:

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1.) Suspension
1. Concurrence of 2/3 of ALL its members and
2. Shall not exceed 60 days.
2.) Expulsion
1. Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and
bears the certifications of the presiding officers of each House. Thus
where the certifications are valid and are not withdrawn, the contents
of the enrolled bill are conclusive upon the courts as regards the
provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time
Congress is in session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the
two houses are sitting, without the consent of the other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal
which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief
Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
Note: The congressional members of the ET’s shall be chosen on the
basis of proportional representation from the political parties and
party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all CONTESTS relating to
the election, returns, and qualifications of their respective members.
12
This includes determining the validity or invalidity of a proclamation
declaring a particular candidate as the winner.
2.) An ‘election contest’ is one where a defeated candidate
challenges the qualification and claims for himself the seat of a
proclaimed winner.
3.) In the absence of an election contest, the ET is without
jurisdiction. However, the power of each House to expel its own
members or even to defer their oath-taking until their qualifications
are determined may still be exercised even without an election
contest.
Issues regarding the Electoral Tribunals:
1.) Since the ET’s are independent constitutional bodies,
independent even of the House from which the members are
respectively taken, neither Congress nor the Courts may interfere
with procedural matters relating to the functions of the ET’s, such as
the setting of deadlines or filing their election contests with the
respective ETs.
2.) The ETs being independent bodies, its members may not be
arbitrarily removed from their positions in the tribunal by the parties
which they represent. Neither may they be removed for not voting
according to party lines, since they are acting independently of
Congress.
3.) The mere fact that the members of either the Senate or the
House sitting on the ET are those which are sought to be disqualified
due to the filing of an election contest against them does not warrant
all of them from being disqualified from sitting in the ET. The
Constitution is quite clear that the ET must act with both members
from the SC and from the Senate or the House. If all the legislator-
members of the ET were to be disqualified, the ET would not be able
to fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC
only insofar as the decision or resolution was rendered without or in
excess of jurisdiction or with grave abuse of discretion constituting
denial of due process.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12 Representatives are elected on the
basis of proportional representation from the political parties and
party-list organizations.
Voting/Action
1.) The chairman shall only vote in case of a tie.
2.) The CA shall act on all appointments within 30 session days
from their submission to Congress.
3.) The Commission shall rule by a majority vote of all the
Members.
Jurisdiction
1.) CA shall confirm the appointments by the President with
respect to the following positions:
1. Heads of the Executive Departments (except if it is the Vice-
President who is appointed to the post).
2. Ambassadors, other public ministers or consuls.
3. Officers of the AFP from the rank of Colonel or Naval
Captain: and
4. Other officers whose appointments are vested in him by the
Constitution (e.g. COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a
person to an office created by such law shall be subject to
confirmation by the CA.
3.) Appointments extended by the President to the above-
mentioned positions while Congress is not in session shall only be
effective until disapproval by the CA or until the next adjournment
of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
13
2.) Meetings are held either at the call of the Chairman or a
majority of all its members.
3.) Since the CA is also an independent constitutional body, its
rules of procedure are also outside the scope of congressional powers
as well as that of the judiciary.
Note: The ET and the CA shall be constituted within 30 days after
the Senate and the House of Representative shall have been
organized with the election of the President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct
inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that there is pending
legislation regarding the subject of the inquiry. In fact,
investigation may be needed for purposes of proposing
future legislation.
3. If the stated purpose of the investigation is to determine the
existence of violations of the law, the investigation is no
longer ‘in aid of legislation’ but ‘in aid of prosecution’. This
violates the principle of separation of powers and is beyond
the scope of congressional powers.
Enforcement:
1. Since experience has shown that mere requests for
information does not usually work, Congress has the
inherent power to punish recalcitrant witnesses for contempt,
and may have them incarcerated until such time that they
agree to testify.
2. The continuance of such incarceration only subsists for the
lifetime, or term, of such body. Once the body ceases to
exist after its final adjournment, the power to incarcerate
ceases to exist as well. Thus, each ‘Congress’ of the House
lasts for only 3 years. But if one is incarcerated by the
Senate, it is indefinite because the Senate, with its staggered
terms, is a continuing body.
 3. BUT, in order for a witness to be subject to this 7. When the President so states in writing
incarceration, the primary requirement is that the inquiry is
within the scope of Congress’ powers. i.e. it is in aid of Sections 23-24. DECLARATION OF WAR/EMERGENCY
legislation. POWERS
4. The materiality of a question is determined not by its Vote requirement: (to declare the existence of a state of war)
connection to any actually pending legislation, but by its 1. 2/3 of both Houses, in joint session
connection to the general scope of the inquiry. 2. Voting separately
5. The power to punish for contempt is inherent in Congress
and this power is sui generis. It cannot be exercised by local Emergency powers:
government units unless they are expressly authorized to do 1. During times of war or other national emergency, Congress
so. may, BY LAW, authorize the President to exercise powers
necessary and proper to carry out a declared national policy.
Limitations: 2. Limitations:
1. The inquiry must be conducted in accordance with the ‘duly 1. Powers will be exercised for a limited period only;
published rules of procedure’ of the House conducting the and
inquiry; and 2. Powers will be subject to restrictions prescribed by
2. The rights of persons appearing in or affected by such Congress
inquiries shall be respected. Ex. The right against self- 3. Expiration of emergency powers
incrimination. 1. By resolution of Congress or
2. Upon the next adjournment of Congress
Appearance by department heads before Congress:
1. Since members of the executive department are co-equals
with those of the legislative department, under the principle
of separations of powers, department heads cannot be Sections 24-27, 30-31 LEGISLATION
compelled to appear before Congress. Neither may the Bills that must originate from the House of Representatives
department heads impose their appearance upon Congress. (Section 24)
2. Department heads may appear before Congress in the CODE: A R T Pu Lo P
following instances. 1. Appropriation bills
3. Upon their own initiative, with the consent of the President 2. Revenue bills
(and that of the House concerned); or 3. Tariff bills
4. Upon the request of either House (which cannot compel 4. Bills authorizing the increase of public debt
them to attend) 5. Bills of local application
5. The appearance will be conducted in EXECUTIVE 6. Private bills
SESSION when: Note: The Senate may, however, propose or concur with
6. Required by the security of state or required by public amendments.
interest; and

14
Appropriation bills
1. The primary and specific aim of an appropriation bill is to
appropriate a sum of money from the public treasury.
1. Thus, a bill enacting the budget is an appropriations bill.
1. BUT: A bill creating a new office, and appropriating funds
therefor is NOT an appropriation bill.
Revenue Bill
1. A revenue bill is one specifically designed to raise money or
revenue through imposition or levy.
1. Thus, a bill introducing a new tax is a revenue bill, but a
provision in, for instance, the Videogram Regulatory Board
law imposing a tax on video rentals does not make the law a
revenue bill.
Bills of local application
A bill of local application, such as one asking for the conversion of a
municipality into a city, is deemed to have originated from the House
provided that the bill of the House was filed prior to the filing of the
bill in the Senate even if, in the end, the Senate approved its own
version.
Limitations:
1. For appropriation bills:
a. Congress cannot increase the appropriations recommended by
the President for the operation of the Government as specified
in the budget.
b. Each provision or enactment in the General Appropriations
Bill must relate specifically to some particular appropriation
therein and any such provision or enactment must be limited
in its operation to the appropriation to which it relates.
c. The procedure in approving appropriations for Congress shall
strictly follow the procedure for approving appropriations for
other departments and agencies.
15
d. A special appropriations bill must specify the purpose for
which it is intended and must be supported by funds actually
available as certified by the National Treasurer or to be raised
by a corresponding revenue proposal therein.
2. Transfer of appropriations:
1. Rule: No law shall be passed authorizing any transfer of
appropriations
2. BUT 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
a. President
b. President of the Senate
c. Speaker of the House of Representatives
d. Chief of Justice of the Supreme Court
e. Heads of the Constitutional Commissions
3. Discretionary funds appropriated for particular officials shall be:
a. Disbursed only for public purposes;
b. Should be supported by appropriate vouchers; and
c. Subject to guidelines as may be prescribed by law.
4. If Congress fails to pass General Appropriations Bill (GAB) by
the end of any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB
is passed by Congress.
5. For law granting tax exemption
It should be passed with the concurrence of a
MAJORITY of ALL the members of Congress.
6. For bills in general
a. Every bill shall embrace only one (1) subject, as expressed in
the title thereof
i. As a mandatory requirement
ii. The title does not have to be a complete
catalogue of everything stated in the bill. It
is sufficient if the title expresses the general
subject of the bill and all the provisions of
 the statute are germane to that general 3. The President must communicate his decision to veto within
subject. 30 days from the date of receipt thereof. If he fails to do so,
iii. A bill which repeals legislation regarding the bill shall become a law as if he signed it.
the subject matter need not state in the title 4. This rule eliminates the ‘pocket veto’ whereby the President
that it is repealing the latter. Thus, a would simply refuse to act on the bill.
repealing clause in the bill is considered
germane to the subject matter of the bill. 1. To OVERRIDE the veto, at least 2/3 of ALL the members of
each House must agree to pass the bill. In such case, the
Readings veto is overriden and becomes a law without need of
1. In order to become a law, each bill must pass three (3) presidential approval.
readings in both Houses. 2. Item veto
2. General rule: Each reading shall be held on separate days & 3. The President may veto particular items in an appropriation,
printed copies thereof in its final form shall be distributed to revenue or tariff bill.
its Members three (3) days before its passage. 4. This veto will not affect items to which he does not object.
3. Exception: If a bill is certified as urgent by the President as 5. Definition of item
to the necessity of its immediate enactment to meet a public
calamity or emergency, the 3 readings can be held on the TYPE OF BILL ITEM
same day. 1. Revenue/tax bill Subject of the tax and the tax rate
4. First reading – only the title is read; the bill is passed to the imposed thereon
proper committee 2. Appropriations bill Indivisible sum dedicated to a stated
purpose
Second reading – Entire text is read and debates are held,
and amendments introduced. Veto of RIDER
1. A rider is a provision which does not relate to a particular
Third reading – only the title is read, no amendments are appropriation stated in the bill.
allowed. Vote shall be taken immediately thereafter and the 2. Since it is an invalid provision under Section 25(2), the
yeas and nays entered in the journal. President may veto it as an item.

Veto power of President: Specific limitations on legislation

1. Every bill, in order to become a law, must be presented to
and signed by the President.
2. If the President does not approve of the bill, he shall veto the
same and return it with his objections to the House from
which it originated. The House shall enter the objections in
the Journal and proceed to reconsider it.
1. No law shall be enacted increasing the Supreme Court’s
appellate jurisdiction without the SC’s advice and
concurrence.
2. No law shall be enacted granting titles of royalty or nobility.
Section 28. POWER TO TAX
Limitations:

16
1) The rule of taxation should be UNIFORM PROVIDED that such revenues and assets are actually, directly and
2) It should be EQUITABLE exclusively used for educational purposes. (Art. XIV Sec 4 (3))
3) Congress should evolve a PROGRESSIVE system of taxation. 3) Grants, endowments, donations or contributions used actually,
4) The power to tax must be exercised for a public purpose directly and exclusively for educational purposes shall be exempt
because the power exists for the general welfare from tax. This is subject to conditions prescribed by law. (Art. XIV.
5) The due process and equal protection clauses of the Sec 4 (4))
Constitution should be observed.
Section 29. Power of the Purse
Delegation of power to fix rates 1) No money shall be paid out of the National Treasury EXCEPT
1) Congress may, BY LAW, authorize the President to fix the in pursuance of an appropriation made by law.
following: a) This places the control of public funds in the hands of
a) Tariff rates Congress.
b) Import and Export Quotas b) BUT: This rule does not prohibit continuing
c) Tonnage and warfage dues appropriations. e.g. for debt servicing. This is because the
d) Other duties and imposts rule does not require yearly, or annual appropriation.
Within the framework of the national development program of the 2) Limitations.
Government a) Appropriations must be for a PUBLIC PURPOSE
2) The exercise of such power by the President shall be within the b) Cannot appropriate public funds or property, directly
specified limits fixed by Congress and subject to such limitations and or indirectly, in favor of
restrictions as it may impose. (i) Any sect, church, denomination, or sectarian
institution or system of religion or
Constitutional tax exemptions: (ii) Any priest, preacher, minister, or other religious
1) The following properties are exempt from REAL PROPERTY teacher or dignitary as such.
taxes EXCEPT if the priest, etc is assigned to:
(CODE: Cha Chu M- CA) – the Armed Forces; or
a) Charitable institutions – any penal institution; or
b) Churches, and parsonages or convents appurtenant – government orphanage; or
thereto – leprosarium
c) Mosques c) BUT the government is not prohibited from
d) Non-profit cemeteries; and appropriating money for a valid secular purpose, even if it
e) All lands, buildings and improvements actually, incidentally benefits a religion, e.g. appropriations for a
directly and exclusively used for religious, charitable, or national police force is valid even if the police also protects
educational purposes. the safety of clergymen.
2) All revenues and assets of NON-STOCK NON-PROFIT d) ALSO, the temporary use of public property for
EDUCATIONAL institutions are exempt from taxes and duties religious purposes is valid, as long as the property is
available for all religions

17
3) Special Funds 4) BUT The President CANNOT dispose of state property unless
a) Money collected on a tax levied for a special purpose authorized by law.
shall be treated as a special fund and paid out for such
purpose only. Section 2. QUALIFICATIONS
b) Once the special purpose is fulfilled or abandoned, any 1) Natural-born citizen of the Philippines
balance shall be transferred to the general funds of the 2) Registered voter;
Government 3) Able to read and write;
4) At least 40 years old on the day of election
Section 32. INITIATIVE AND REFERENDUM 5) Philippine resident for at least 10 years immediately preceding
1) Through the system of initiative and referendum, the people such election.
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. Note: The Vice-President has the same qualifications & term of
2) Required Petition office as the President. He is elected with & in the same manner as
a) Should be signed by at least 10% of the total number of the President. He may be removed from office in the same manner
registered voters as the President.
b) Every legislative district should be represented by at
least 3% of the registered voters Section 4. MANNER OF ELECTION/ TERM OF OFFICE
c) Petition should be registered Manner of Election
1) The President and Vice-President shall be elected by direct vote
of the people.
2) Election returns for President and Vice-President, as duly
ARTICLE VII. THE EXECUTIVE DEPARTMENT certified by the proper Board of Canvassers shall be forwarded to
Congress, directed to the Senate President.
Section 1. EXECUTIVE POWER 3) Not later than 30 days after the day of the election, the
Scope: certificates shall be opened in the presence of both houses of
1) Executive power is vested in the President of the Philippines. Congress, assembled in joint public session.
2) The scope of this power is set forth in Art. VII of the 4) The Congress, after determining the authenticity and due
Constitution. But this power is not limited to those set forth therein. execution of the certificates, shall canvass the votes.
The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers 5) The person receiving the highest number of votes shall be
of the President as the Chief Executive of the country, which powers proclaimed elected.
include others not set forth in the Constitution. EXAMPLE: The 6) In case of a tie between 2 or more candidates, one shall be
President is immune from suit and criminal prosecution while he is chosen by a majority of ALL the members of both Houses, voting
in office. separately. In case this results in a deadlock, the Senate President
3) Privilege of immunity from suit is personal to the President and shall be the acting President until the deadlock is broken.
may be invoked by him alone. It may also be waived by the 7) The Supreme Court en banc shall act as the sole judge over all
President, as when he himself files suit. contests relating to the election, returns, and qualifications of the

18
President or Vice-President and may promulgate its rules for the or to be chosen until someone is qualified/chosen
purpose. as President.
President-elect dies or is VP becomes President.
permanently disabled.
Term of Office Both President and VP-elect are 1. Senate President or
1) President not chosen or do not qualify or 2. In case of his inability, the
a) 6 years beginning at noon on 30 June immediately both die, or both become Speaker of the House
following the election and ending at noon on the same day 6 permanently disabled. shall act as President until
years later. a President or a VP shall
b) Term limitation: Single term only; not eligible for any have been chosen and
reelection. qualified.
c) Any person who has succeeded as President, and served In case of death or disability of (1)
as such for more than 4 years shall NOT be qualified for and (2), Congress shall determine,
election to the same office at any time. by law, who will be the acting
President.
2) Vice-President:
a) 6 years, starting and ending the same time as the
President.
b) Term limitation: 2 successive terms. 2. Vacancies after the office is initially filled:
c) Voluntary renunciation of the office for any length of VACANCY SUCCESSOR
time is NOT an interruption in the continuity of service for President dies, is permanently Vice-President becomes President
the full term for which the Vice-President was elected. disabled, is impeached, or for the unexpired term.
resigns.
Section 6. SALARIES AND EMOLUMENTS Both President and Vice- 1. Senate President or
1) Official salaries are determined by law. President die, become 2. In case of his inability, the
2) Salaries cannot be decreased during the TENURE of the permanently disabled, are Speaker of the House
President and the Vice-President. impeached, or resign. shall act as President until
3) Increases take effect only after the expiration of the TERM of the President or VP shall
the incumbent during which the increase was approved. have been elected and
4) Prohibited from receiving any other emolument from the qualif
government or any other source during their TENURE
3) Vacancy in office of Vice-President during the term for
Sections 7-12, PRESIDENTIAL SUCCESSION which he was elected:
1. Vacancies at the beginning of the term a) President will nominate new VP from any member of
VACANCY SUCCESSOR either House of Congress.
President-elect fails to qualify VP-elect will be Acting President

19
 b) Nominee shall assume office upon confirmation by (ii) BUT: If the President transmits a written
majority vote of ALL members of both Houses, voting declaration that he is not disabled, he reassumes his
separately. (Nominee forfeits seat in Congress) position.
(iii) If within 5 days after the President re-assumes
4) Election of President and Vice-President after vacancy his position, the majority of the Cabinet retransmits
during tem their written declaration, Congress shall decide the
a) Congress shall convene 3 days after the vacancy in the issue. In this event, Congress shall reconvene within
office of both the President and the VP, without need of a 48 hours if it is not in session, without need of a call.
call. The convening of Congress cannot be suspended. (iv) Within 10 days after Congress is required to
b) Within 7 days after convening, Congress shall enact a assemble, or 12 days if Congress is not in
law calling for a special election to elect a President and a session, a 2/3 majority of both Houses, voting
VP. The special election cannot be postponed. separately, is needed to find the President
c) The special election shall be held not earlier than 45 temporarily disabled, in which case, the VP will
days not later than 60 days from the time of the enactment of be Acting President.
the law.
d) The 3 readings for the special law need not be held on 6) Presidential Illness:
separate days. a) If the President is seriously ill, the public must be informed
e) The law shall be deemed enacted upon its approval on thereof.
third reading. b) Even during such illness, the National Security Adviser, the
Secretary of Foreign Affairs, and the Chief of Staff of the AFP are
BUT: No special election shall be called if the vacancy occurs entitled to access to the President
within 18 months before the date of the next presidential election.
Section 13. DISQUALIFICATIONS
5) Temporary disability of the President: SUBJECT SOURCE OF DISQUALIFICATION
The temporary inability of the President to discharge his duties may President, Vice- Prohibited from:
be raised in either of two ways: President, Cabinet 1. Holding any office or employment
a) By the President himself, when he sends a written Members, Deputies or during their tenure, UNLESS:
declaration to the Senate President and the Speaker of the Assistants of Cabinet
House. In this case, the Vice-President will be Acting Members a. otherwise provided in the
President until the President transmits a written declaration Constitution (e.g. VP can be
to the contrary. appointed a Cabinet Member, Sec.
b) When a majority of the Cabinet members transmit to the of Justice sits on Judicial and Bar
Senate President and the Speaker their written declaration. Council); or
(i) The VP will immediately be Acting President. b. the positions are ex-officio and
they do not receive any salary or
other emoluments therefor (e.g.

20
 Sec. of Finance is head of
Monetary Board).
2. Practicing, directly or indirectly,
any other profession during their
tenure;
3. Participating in any business;
4. Being financially interested in any
contract with, or in any franchise,
or special privilege granted by the
government or any subdivision,
agency or instrumentality thereof,
including GOCC’s or their
subsidiaries.
N.B. The rule on disqualifications for the
President and his Cabinet are stricter than
the normal rules applicable to appointive
and elective officers under Art. IX-B, Sec.
7 The President shall appoint the following:
th
Spouses and 4 degree Cannot be appointed during President’s
relatives of the tenure as:
President
(consanguinity or 1. Members of the Constitutional
affinity) Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or
offices including GOCC’s and their
subsidiaries.
N.B.
1. If the spouse, etc., was already in
any of the above offices at the time
21
before his/her spouse became
President, he/she may continue in
office. What is prohibited is
appointment and reappointment,
NOT continuation in office.
2. Spouses, etc., can be appointed to
the judiciary and as ambassadors
and consuls.
Sections 14-16. POWER TO APPOINT
Principles:
1) Since the power to appoint is executive in nature, Congress
cannot usurp this function.
2) While Congress (and the Constitution in certain cases) may
prescribe the qualifications for particular offices, the determination
of who among those who are qualified will be appointed is the
President’s prerogative.
Scope:
1) Heads of executive departments (CA confirmation needed):
2) Ambassadors, other public ministers, and consuls (CA
confirmation needed).
3) Officers of AFP from rank of colonel or naval captain (CA
confirmation needed).
4) Other officers whose appointment is vested in him by the
Constitution (CA confirmation needed), such as:
a) Chairmen and members of the COMELEC, COA and
CSC.
b) Regular members of the Judicial and Bar Council.
c) The Ombudsman and his deputies;
d) Sectoral representatives in Congress.
 N.B. President also appoints members of the Supreme Court
and judges of the lower courts, but these appointments do
not need CA confirmation.
5) All other officers whose appointments are not otherwise
provided for by law; and those whom he may be authorized by law to
appoint.
a) This includes the Chairman and members of the
Commission on Human Rights, whose appointments are
provided for by law NOT by the Constitution.
b) Congress may, by law, vest the appointment of other
officers lower in rank in the President alone or in the courts,
or in the heads of departments, agencies, boards or
commissions.
c) BUT: Congress cannot, by law, require CA
confirmation of the appointment of other officers for offices
created subsequent to the 1987 Constitution (e.g. NLRC
Commissioners, Bangko Sentral Governor).
d) ALSO: Voluntary submission by the President to the
CA for confirmation of an appointment which is not required
to be confirmed does not vest the CA with jurisdiction. The
President cannot extend the scope of the CA’s power as
provided for in the Constitution.
Procedure:
1) CA confirmation needed:
a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.
Note: At any time before all four steps have been complied with, the
President can withdraw the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the
appointment.
Ad-interim appointments:
22
1) When Congress is in recess, the President may still appoint
officers to positions subject to CA confirmation.
2) These appointments are effective immediately, but are only
effective until they are disapproved by the CA or until the next
adjournment of Congress.
3) Appointments to fill an office in an ‘acting’ capacity are NOT
ad-interim in nature and need no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the elected
President within 90 days from his assumption or re-assumption of
office.
Limitation
1) 2 months immediately before the next Presidential elections, and
up to the end of his term, the President or Acting President SHALL
NOT make appointments. This is to prevent the practice of
‘midnight appointments.”
2) EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public
service or endanger public safety.
Section 17. Power of Control and Supervision
Power of Control:
The power of an officer to alter, modify, or set aside what a
subordinate officer has done in the performance of his duties, and to
substitute the judgment of the officer for that of his subordinate.
Thus, the President exercises control over all the executive
departments, bureaus, and offices.
The President’s power over government-owned corporations comes
not from the Constitution but from statute. Hence, it may be taken
away by statute.
Qualified Political Agency:
1) Since all executive and administrative organizations are adjuncts
of the Executive Department, the heads of such departments, etc. are Section 18. COMMANDER-IN-CHIEF POWERS
assistants and agents of the President. Scope:
2) Thus, generally the acts of these department heads, etc, which 1) The President is the Commander-in-Chief of the Armed Forces.
are performed and promulgated in the regular course of business, are 2) Whenever necessary, the President may call out the AFP to
presumptively the acts of the President. PREVENT or SUPPRESS:
3) Exception: If the acts are disapproved or reprobated by the a) Lawless violence;
President. b) Invasion; or
4) Under Administrative Law, decisions of Department Secretaries c) Rebellion.
need not be appealed to the President in order to comply with the 3) The President may also:
requirement of exhaustion of administrative remedies. a) Suspend the privilege of the writ of habeas corpus; and
5) Qualified political agency does NOT apply if the President is b) Proclaim a state of martial law.
required to act in person by law or by the Constitution. Example:
The power to grant pardons must be exercised personally by the Suspension of the privilege of the writ of habeas corpus and
President. declaring martial law;
Grounds
1. Invasion or
Disciplinary Powers: 2. Rebellion; and
1) The power of the President to discipline officers flows from the 3. Public safety requires it.
power to appoint the, and NOT from the power control. 4. The invasion or rebellion must be ACTUAL and not merely
2) BUT While the President may remove from office those who are imminent.
not entitled to security of tenure, or those officers with no set terms,
such as Department Heads, the officers, and employees entitled to Limitations:
security of tenure cannot be summarily removed from office. 1. Suspension or proclamation is effective for only 60 days.
2. Within 48 hours from the declaration or suspension, the
Power of Supervision: President must submit a report to Congress.
1) This is the power of a superior officer to ensure that the laws are 3. Congress, by majority vote and voting jointly, may revoke
faithfully executed by subordinates. the same, and the President cannot set aside the revocation.
2) The power of the president over local government units is only 4. In the same manner, at the President’s initiative, Congress
of general supervision. Thus, he can only interfere with the actions can extend the same for a period determined by Congress if:
of their executive heads if these are contrary to law. i. Invasion or rebellion persist and
3) The execution of laws is an OBLIGATION of the President. He ii. Public safety requires it.
cannot suspend the operation of laws. NOTE: Congress CANNOT extend the period motu propio.
4) The power of supervision does not include the power of control;
but the power of control necessarily includes the power of Supreme Court review:
supervision. i. The appropriate proceeding can be filed by any citizen.

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 ii. The SC can review the FACTUAL BASIS of the 4.) Where a conditional pardon is granted, the determination of
proclamation or suspension. whether it has been violated rests with the President.
iii. Decision is promulgated within 30 days from filing. Limitations:
1.) As to scope:
Martial Law does NOT: Cannot be granted:
i. Suspend the operation of the Constitution. a.) Before conviction
ii. Supplant the functioning of the civil courts or legislative b.) In cases of impeachment
assemblies. c.) For violations of election laws, rules, and regulation
iii. Authorize conferment of jurisdiction on military courts without the favorable recommendation of the COMELEC
over civilians where civil courts are able to function and d.) In cases of civil or legislative contempt
iv. Automatically suspend the privilege of the writ. 2.) As to effect:
a.) Does not absolve civil liabilities for an offense.
Suspension of privilege of the writ: b.) Does not restore public offices already forfeited,
i. Applies ONLY to persons judicially charged for rebellion although eligibility for the same may be restored.
or offenses inherent in or directly connected with invasion.
ii. Anyone arrested or detained during suspension must be Amnesty:
charged within 3 days. Otherwise he should be released. 1.) An act of grace concurred in by Congress, usually extended to
groups of persons who commit political offenses, which puts into
Note: While the suspension of the privilege of writ and the oblivion the offense itself.
proclamation of martial law is subject to judicial review, the actual 2.) President alone CANNOT grant amnesty. Amnesty needs
use by the President of the armed forces is not. Thus, troop concurrence by a majority of all the members of Congress.
deployments in times of war is subject to the President’s judgment 3.) When a person applies for amnesty, he must admit his guilt of
and discretion. the offense which is subject to such amnesty. If his application is
denied, he can be convicted based on this admission of guilt.
Section 19: EXECUTIVE CLEMENCY 4.) Amnesty V. Pardon
Scope: AMNESTY PARDON
1.) The President may grant the following: [ Pa R C Re] Addressed to POLITICAL Addressed to ORDINARY
1. Pardons (conditional or plenary) offenses offenses
2. Reprieves Granted to a CLASS of Granted to INDIVIDUALS
3. Commutations persons
4. Remittance of fines and forfeitures Need not be accepted Must be accepted
2.) These may only be granted AFTER conviction by final Requires concurrence of No need for Congressional
judgment. majority of all members of concurrence
3.) ALSO: The power to grant clemency includes cases involving Congress
administrative penalties. A public act. Subject to Private act of President. It must be
judicial notice proved.

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Extinguishes the offense itself Only penalties are extinguished.
May or may not restore political Note: The President cannot, by executive agreement,
rights. Absolute pardon restores. undertake an obligation which indirectly circumvents a legal
Conditional does not. prohibition.
Civil indemnity is not (e) Conflict between treaty and municipal law.
extinguished. (i) Philippine court:
May be granted before or after Only granted after conviction by The later enactment will prevail, be it treaty or law,
conviction final judgement as it is the latest expression of the State’s will.
(ii) International tribunal
Section 20. Power to Contract or Guarantee Foreign Loans Treaty will always prevail. A State cannot plead its
Limitations: municipal law to justify noncompliance with an
(1) The President may contract or guarantee foreign loans on behalf international obligation.
of the Republic of the Philippines with the prior concurrence of the (2) Power to appoint ambassadors, other public ministers, and
Monetary Board; and consuls.
(2) Subject to such limitations as may be provided by law. (3) Power to receive ambassadors and other public ministers
accredited to the Philippines.
Section 21. Foreign Relations Powers include: (4) Power to contract and guarantee foreign loans on behalf of the
(1) Power to negotiate treaties and other international agreements Republic
(a) BUT: Such treaty of international agreement must be (5) Power to deport aliens
concurred in by at least 2/3 of all Senators in order to be (a) This power is vested in the President by virtue of his
valid and effective in our country. office, subject only to restrictions as may be provided by
(b) Options of Senate when a treaty is submitted for its legislation as regards the grounds for deportation.
approval: (b) In the absence of any legislative restriction to authority,
(i) Approve with 2/3 majority; the President may still exercise this power.
(ii) Disapprove outright; or (c) The power to deport aliens is limited by the
(iii) Approve conditionally, with suggested requirements of due process, which entitles the alien to a full
amendments. and fair hearing.
(c) If treaty is not re-negotiated, no treaty BUT: The alien is not entitled to bail as a matter of right.
(d) If treaty is re-negotiated and the Senate’s suggestions are
incorporated, the treaty will go into effect without need of
further Senate approval.
Note: While our municipal law makes a distinction ARTICLE VIII. THE JUDICIAL DEPARTMENT
between international agreements and executive agreements,
with the former requiring Senate approval and the latter not Sec. 1. JUDICIAL POWER
needing the same, under international law, there is no such Scope:
distinction.

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1. 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 violations of such
rights.
2. Vested in the Supreme Court and such lower courts as may be
established by law.
3. Since the courts are given ‘judicial power’ and nothing more,
courts may neither attempt to assume or be compelled to perform
non-judicial functions. They may not be charged with administrative
functions except when reasonably incidental to the fulfillment of
their duties.
4. In order that courts may exercise this power, there must exist the
following:
1. An actual controversy with legally demandable and
enforceable rights;
2. Involving real parties in interest;
3. The exercise of such power will bind the parties by virtue of
the court’s application of existing laws.
5. Judicial power cannot be exercised in vacuum. Without any laws
from which rights arise and which are violated, there can be no
recourse to the courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
1. The duty of the courts to settle actual controversies involving
rights which are legally demandable and enforceable; and
1. 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.
Political Questions:
1. A ‘political question’ is one the resolution of which has been
vested by the Constitution exclusively in either the people, in the
exercise of their sovereign capacity, or in which full discretionary
authority has been delegated to a co-equal branch of the
Government.
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2. Thus, while courts can determine questions of legality with
respect to governmental action, they cannot review government
policy and the wisdom thereof, for these questions have been vested
by the Constitution in the Executive and Legislative Departments.
Sec. 2. ROLES OF CONGRESS
1. Defining enforceable and demandable rights and prescribing
remedies for violations of such rights; and
2. Determining the court with jurisdiction to hear and decide
controversies or disputes arising from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion
the jurisdiction of various courts.
1. BUT, Congress cannot deprive the Supreme Court of its
jurisdiction over cases provided for in the Constitution.
2. Creation and abolition of courts:
1. The power to create courts implies the power to
abolish and even re-organize courts.
2. BUT this power cannot be exercised in a manner
which would undermine the security of tenure of the
judiciary.
3. If the abolition/re-organization is done in good faith
and not for political or personal reasons, then it is
VALID. (same rule applies for civil servants)
Sec. 3. FISCAL AUTONOMY
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced
below the amount appropriated for the previous year.
3. Once approved, appropriations shall be automatically and
regularly released.
Secs. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1. Chief Justice and
2. 14 Associate Justices
Note: 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.
Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of law
in the Philippines
4. Person of proven competence, integrity, probity and
independence.
Qualifications of members of lower collegiate courts (CA, CTA,
Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and
independence.
Qualifications of judges of lower non-collegiate courts:
1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity
independence.
Section 8. JUDICIAL AND BAR COUNCIL
1. The Judicial and Bar Council is under the supervision of the SC.
A. Is under the supervision of the Supreme Court and is
composed of:
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
Note: The last four re the regular members of the JBC.
Regular members are appointed by the President with CA
approval. Regular members serve for 4 years, with staggered
terms.
B. Functions of JBC
1. Principal function: recommend appointees to the
Judiciary
2. Exercise such other functions as the SC may assign to it.
C. Appointments to the Judiciary
1. President shall appoint from a list of at least 3 nominees
for each vacancy, as prepared by the JBC.
2. No CA confirmation is needed for appointments to the
Judiciary.
3. Vacancies in SC should be filled within 90 days from the
occurrence of the vacancy.
4. Vacancies in lower courts should be filled within 90
days from submission to the President of the JBC list.
Sec. 10. SALARIES
1. Salaries of SC Justices and judges of lower courts shall be fixed
and by law.
2. Cannot be decreased during their continuance in office, but can be
increased.
3. Members of the Judiciary are NOT exempt from payment of
income tax.
Sec. 11. TENURE/DISCIPLINARY POWERS OF SC
1. Members of the SC and judges of the lower courts hold office
during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.
2. Disciplinary action against judges of lower courts:
27
 a. Only the SC en banc has jurisdiction to discipline or 6. Election contests for President and Vice-President.
dismiss judges of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC Cases heard by division
Justices who took part in the deliberations and voted therein. 1. Must be decided with the concurrence of a majority of the
members who took part in the deliberations and voted thereon.
3. Removal of SC Justices: 2. Majority vote in a division should be at least 3 members.
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office. Powers of the SC
Secs. 4-6, 13. THE SUPREME COURT 1. SC has ORIGINAL jurisdiction over
Hearing of cases: a. Cases affecting ambassadors, other public ministers and
1. En banc; or consuls.
2. Divisions of 3, 5, or 7. Note: This refers to foreign ambassadors, etc., stationed in the
Philippines.
b. Petitions for certiorari, prohibition, mandamus, quo
Cases required to be heard en banc: warranto, and habeas corpus.
1. All cases involving constitutionality of a/an: 2. SC has APPELLATE jurisdiction over final judgments and orders
a. Treaty in the following:
b. International or executive agreement or a. All cases involving the constitutionality or validity of any
c. Law. 1. treaty
2. All cases required to be heard en banc under the Rules of Court: 2. international or executive agreement
a. Appeals from Sandiganbayan; and 3. law
b. From the Constitutional Commissions 4. presidential decree
3. All cases involving the constitutionality, application or 5. proclamation
operation of 6. order
a. Presidential decrees 7. instruction
b. Proclamations 8. ordinance, or
c. Orders 9. regulation;
d. Instructions b. All cases involving the legality of any
e. Ordinances; and 1. tax
f. Other regulations. 2. impost
3. Cases heard by a division where required majority of 3 was not 3. assessment or
obtained. 4. toll or
4. Cases where SC modifies or reverses a doctrine or principle of 5. any penalty imposed in relation thereto;
law laid down by the SC en banc or by a division. c. All cases in which the jurisdiction of any lower court is in
5. Administrative cases to discipline or dismiss judges of lower issue
courts; and

28
 d. Criminal cases where the penalty imposed is reclusion
perpetua or higher; and
e. All cases where ONLY errors or questions of law are
involved.
3. Temporarily assign lower court judges to other stations in the
public interest.
Note: Temporary assignment shall not exceed 6 months without the
consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of
justice.
5. Promulgate rules concerning:
a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivileged.
Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure
for the speedy disposition of cases.
b. It should be uniform for all courts of the same grade.
c. It should not diminish, increase, or modify substantive
rights.
6. Appoint ALL officials and employees of the Judiciary, in
accordance with Civil Service Law.
7. Exercise administrative supervision over ALL courts and the
personnel thereof.
Decisions of the Supreme Court:
1. Reached in consultation before being assigned to a member for the
writing of the opinion.
2. A certification to this effect must be signed by the Chief Justice
and attached to the record of the case and served upon the parties.
3. Members of the SC who took no part, or who dissented or
abstained must state the reasons therefore.
29
Note: This procedure shall also be observed by all lower collegiate
courts (CA, CTA, and theSandiganbayan).
JUDICIAL REVIEW
Definition
1. Judicial Review is the power of the SC to declare a law, treaty,
ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review,
subject to the appellate jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are
binding on all.
Requisites Code: [A R S Co R]
1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be RIPE FOR ADJUDICATION, i.e.
the government act must have had an adverse effect on the person
challenging it.
3. The person challenging the governmental act must have
‘STANDING’, i.e. a personal and substantial interest in the case such
that he has sustained, or will sustain, direct injury as a result of its
enforcement.
4. The question of Constitutionality must be raised in the first
instance, or at the earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the
very lis mota.
Effect of a declaration of unconstitutionality:
1. Prior to the declaration that a particular law is unconstitutional, it
is considered as an ‘operative fact’ which at that time had to be
complied with.
2. Thus, vested rights may have been acquired under such law
before it was declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that
the law is unconstitutional.
Sec. 14. DECISIONS
1. Decisions MUST state clearly and distinctly the facts and the law
on which it is based.
2. Refusal to give due course to petitions for review and motions for
reconsideration must state the legal basis for such refusal.
3. Memorandum decisions, where the appellate court adopts the
findings of fact and law of the lower court, are allowed as long as the
decision adopted by reference is attached to the Memorandum for
easy reference.
4. These rules only apply to courts. They do not apply to quasi-
judicial or administrative bodies nor to military tribunals.
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.
Sec. 15 (1) All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within twenty-four 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.
(3) Upon the expiration of the corresponding period, a certification to
this effect signed by the Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof attached to the record of the
30
case or matter, and served upon the parties. The certification shall
state why a decision or resolution has not been rendered or issued
within said period.
(4) Despite the expiration of the applicable mandatory period, the
court, without prejudice to such responsibility as may have been
incurred in consequence thereof, shall decide or resolve the case or
matter submitted thereto for determination, without further delay.
Maximum periods for rendition of decisions.
By constitutional mandate, the various courts must decide or resolve
a case or matt.er submitted thereto within the following periods from
the date of submission:
(1) Supreme Court. within twenty-four (24) months;
(2) The Court of Appeals and other collegiate appellate courts -
within twelve (12) months unless reduced by the Supreme
Court; and
(3) 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, brief, or memorandum is filed. Upon the
expiration of the corresponding period, a certification to this effect
(i.e., that the period has elapsed) signed by the Chief Justice or the
presiding judge must be issued a copy of which is required to be
attached to the record of the case or matter, and served upon the
parties. (Sec. 15[3].)
Time limitations mandatory.
The time limitations established above are mandatory. They are
intended to ease up the clogging of court dockets and to implement
the right of party litigants to speedy justice (see Art. III, Sec. 16.)
Under the familiar aphorism that "justice delayed is justice denied."
Under Section 5(5), the rules promulgated by the Supreme Court
shall provide a simplified and inexpensive procedure for the speedy
disposition of cases.

Violation of Section 15 (1) by the Supreme Court will constitute

culpable violation of the Constitution, a ground for impeachment of
the members of the Supreme
Court. (Art. XI, Sec. 2.) A court must still decide a case or matter
even after the lapse of the applicable maximum period provided
above without prejudice to the responsibility of the justice or judge
concerned. (Sec. 15[4].)

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.

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 Congress may be guided in
proposing or in the enactment of legislations affecting the courts and
the administration of justice. (see Art. VII, Sec. 23.)
It should be noted that it is these organs that determine the
appropriations for the expenses of the judiciary.

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