Philippine Politics
WEEK 7:
CONSTITUTIONAL PRINCIPLES TO REMEMBER:
Doctrine of Separation of Powers:
- The principle of separation of powers ordains
that each of the three great branches of
government has exclusive cognizance of and
supreme in matters falling within its own
constitutionally allocated sphere.
Purpose:
- To prevent the concentration of authority in
one person or group of persons that might
lead to irreparable error or abuse in its
exercise to the detriment of republican
institutions.
Principle of Checks and Balances:
- Allows one department to resist
encroachments upon its prerogatives or to
rectify mistakes or excesses committed by
the other departments.
Examples:
- A president may veto a bill passed by the
Congress. He may also pardon a criminal
Congress may impeach a President and SC
Justices
- SC may declare the acts of congress and the
Executive Department as unconstitutional.
Principle of Blending of Powers:
- Refers to an instance when powers are not
confined exclusively within one department
but are assigned to or shared by several
departments
Example:
- Power of appointments by each department;
General Appropriations Law (President
prepares a budget which could be adopted
by the Congress)
Delegation of Powers:
- As a general rule, what has been delegated
cannot be re-delegated.
XPNs:
- Delegation to the People through initiative
and referendum Emergency powers
delegated by Congress to the President
Congress may delegate Tariff powers to the
President Delegation to Administrative
bodies (Power of Subordinate Legislation or
Quasi-Legislative Power) Delegation to Local
Governments (may enact ordinances)
DEFINITION OF TERMS:
Legislative Power
- the power or competence of the legislature
to enact, ordain, alter, or modify, repeal, or
abrogate existing laws.
Law
- a rule of conduct, just, obligatory, and
promulgated by legitimate authority for
common observance and benefit.
Bicameralism
- a system of government in which the
legislature comprises two houses.
ARTICLE VI, SECTION 1
Section 1
- The legislative power shall be vested in the
Congress of the Philippines which shall
consist of a Senate and a House of
Representatives, EXCEPT to the extent
reserved to the people by the provision on
initiative and referendum
 Philippine Politics
WHO MAY EXERCISE LEGISLATIVE POWER?
Two Kinds of Legislative Power:
[1] Original legislative power (by the people)
- Initiative has been described as an
instrument of direct democracy whereby the
citizens directly propose and legislate laws.
- Referendum is the power of the electorate to
approve or reject a legislation passed by
legislative bodies.
[2] Derivative legislative power (by legislative
bodies)
CONGRESS
- Composition: Sec. 2 and Sec. 5
- Qualifications: Sec. 3 and Sec. 6
- Terms in Office: Sec. 4 and Sec. 7
TWO KINDS OF REPRESENTATIVES
District Representatives
- elected from legislative districts apportioned
among the provinces, cities, and Metro
Manila arca
Party-list Representatives
- constitute 20% of the total number of
representatives, elected through a party-list
system of registered national, regional, and
sectoral parties or organizations.
DISQUALIFICATIONS
- Those who served the maximum term limit.
- 'Those who did not possess any of the
qualifications required.
- Those declared by competent authority as
insane or incompetent.
- Those convicted by final judgment of the
crime of subversion, insurrection, rebellion,
or any offense for which he has been
sentenced to a penalty of not more than 18
months, or a crime involving moral
turpitude, unless given plenary pardon o
granted amnesty. (lifted after 5 years from
service of sentence)
- 'Those who are permanent residents of or
immigrants to a foreign country, unless he
has waived his status as such
KINDS OF ELECTIONS FOR MEMBERS OF CONGRESS
Regular Election
- held every second Monday of May, every
three years.
Special Election
- called in case of vacancy
PARLIAMENTARY IMMUNITY
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.
 Philippine Politics
FORBIDDEN AND INCOMPATIBLE OFFICE
Section 13
- No Senator or Member of the House of
Representatives may hold any other office or
employment in the Government, or any
subdivision, agency, or instrumentality
thereof, including government-owned or
controlled corporations or their subsidiaries,
during his term without forfeiting his seat.
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
- First sentence of Sec. 13
- Effect: automatically forfeits his seat
- Exceptions: position held in an ex-officio
capacity
FORBIDDEN OFFICE
- Second sentence of Section 13.
- A prohibition!
- Even if he is willing to forfeit his seat, he may
not be appointed to said office.
SESSIONS
Section 15
- The Congress shall convene once every year
on the fourth Monday of July for its regular
session, unless a different date is fixed by
law, and shall continue to be in session for
such number of days as it may determine
until thirty days before the opening of its
next regular session, exclusive of Saturdays,
Sundays, and legal holidays. The President
may call a special session at any time.
SESSIONS
- Regular Session
- Special Session
- Executive Session: a secret or close door
session when matters concerning national
interest are to be discussed
QUORUM
- Such number which enables a body to
transact its business and gives such body the
power to pass a law or ordinance or any valid
act that is binding. In our constitution, it is
required that the quorum be a majority of
each house.
- May compel attendance, except for those
with legitimate reasons.
ELECTED OFFICERS OF CONGRESS
- Senate President
- Speaker of the House
- Other Officers as may deemed necessary
OTHER POWERS AND FUNCTIONS
- To act as a canvassing body for the
Presidential and Vice-Presidential elections
and proclaim the persons duly elected. (Sec.
4141, Art. VII)
- 'To concur to amnesty granted by the
President (Sec. 19|2], Art. VII)
- 'The Senate shall concur to treaties or
international agreements entered into by
the President. (Sec. 21, Art. VII)
- The House of Representatives shall initiate
the impeachment process. (Sec. 2, Art. XI)
- The Senate shall try and decide all
impeachment cases. (Sec. 3[61, Art. XI)
CLASSIFICATIONS OF LEGISLATIVE POWERS
- General Legislative Powers
- Implied Powers
- Inherent Powers
- Specific Legislative Powers
- Executive Powers
- Supervisory Powers
- Electoral Powers
- Judicial Powers
- Miscellaneous Powers
 Philippine Politics
CLASSIFICATION OF POWER OF CONGRESS

The powers of Congress may be classified into:

General Legislative Power

- It is the power to enact laws intended as

rules of conduct to govern the relations
among individuals or between the
individuals and the State.

Specific Powers

- Powers which the Constitution expressly

directs or authorizes Congress to exercise like
the power to choose who shall become
President in case two or more candidates
have an equal and highest number of votes
(Art. VII, Sec. 4, par 4), to confirm certain
appointments by the President (Ibid., Sec.
16), to promote social justice (Art. XIII, Sec.
1.), to declare the existence of a state of war
(Sec. 23[1].), to impose taxes (Sec. 28[1].), to
appropriate money (Art. 29[1].), to impeach
(Art. XI, Sec. 2.), to act as a constituent
assembly (Art. XVII, Sec. 1.)

Implied powers

- They are those essential or necessary to the

effective exercise of the power expressly
granted, like the power to conduct inquiry
and investigation in aid of legislation (Sec.
21.), to punish for contempt, to determine
the rules of its proceedings (Sec. 16 [3].)

Inherent powers

- They are the powers which are possessed

and can be exercised by every government
because they exist as an attribute of
sovereignty.
 Philippine Politics
WEEK 8: SECTION 18

CLASSIFICATIONS OF LEGISLATIVE POWERS - There shall be a Commission on

Appointments consisting of the President of
- General Legislative Powers
the Senate, as ex officio Chairman, twelve
- Implied Powers
Senators and twelve Members of the House
- Inherent Powers
of Representatives, elected by each House
- Specific Legislative Powers
on the basis of proportional representation
- Executive Powers
from the political parties and parties or
- Supervisory Powers
organizations registered under the party-list
- Electoral Powers
system represented therein.
- Judicial Powers
- 'The Chairman of the Commission shall not
- Miscellaneous Powers
vote, except in case of a tie.
- The Commission shall act on all
HRET AND SET
appointments submitted to it within thirty
SECTION 17 session days of the Congress from their
submission. The Commission shall rule by a
- The Senate and the House of majority vote of all the Members.
Representatives shall each have an Electoral
Tribunal, which shall be the sole judge of all SECTION 19
contests relating to the election, returns, and
- The Electoral Tribunals and the Commission
qualifications of their respective Members.
on Appointments shall be constituted within
- Electoral Tribunal shall be composed of nine
thirty days after the Senate and the House of
Members, three of whom shall be Justices of
Representatives shall have been organized
the Supreme Court to be designated by the
with the election of the President and the
Chief Justice, and the remaining six shall be
Speaker. The Commission on Appointments
Members of the Senate or the House of
shall meet only while the Congress is in
Representatives, as the case may be, who
session, at the call of its Chairman or a
shall be chosen on the basis of proportional
majority of all its Members, to discharge
representation from the political parties and
such powers and functions as are herein
the parties or organizations registered under
conferred upon it.
the party-list system represented therein.
The senior Justice in the Electoral Tribunal
APPROPRIATIONS LAW
shall be its Chairman.
Sec. 24, Art. VI
COMMISSION ON APPOINTMENTS
- All appropriation, revenue or tariff bills, bills
- 'The Commission on Appointments acts as a authorizing increase of the public debt, bills
legislative check on the appointing authority of local application, and private bills, shall
of the President. originate exclusively in the House of
- For the effectivity of the appointment of Representatives, but the Senate may
certain key officials enumerated in the propose or concur with amendments.
Constitution, the consent of the Commission
on Appointments is needed
 Philippine Politics
KINDS OF APPROPRIATIONS
Annual or general appropriations
- The general appropriations bill is more
popularly known as the budget;
Special or supplemental appropriations
- it specifies the purpose for which it is
intended, and shall be supported by funds
actually available as certified by the National
Treasurer, or to be raised by a corresponding
revenue proposal therein;
Specific appropriations
- One which sets aside a named sum of money
for the payment of a particular expense; and
Continuing appropriations
- One which provides a definite sum to be
always available from year to year, without
the necessity of further legislative action.
MEANING OF OTHER BILLS
Appropriations bill
- The primary and specific aim of which is to
make appropriations of money from the
public treasury.
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 duty 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
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.
PROCESS OF LAW -MAKING
Requirements as to bills
Requirements as to Certain Laws
Sec. 25, Art. VI
- 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.
- No provision or enactment shall be
embraced in the general appropriations bill
unless it relates specifically to some
particular appropriation therein. Any such
provision or enactment shall be limited in its
operation to the appropriation to which it
relates.
Sec. 25, Art. VI
- The procedure in approving appropriations
for the Congress shall strictly follow the
procedure for approving appropriations for
other departments and agencies
- A special appropriations bill shall specify the
purpose for which it is intended, and shall be
supported by funds actually available as
certified by the National Treasurer, or to be
raised by a corresponding revenue proposed
therein.
- No law shall be passed authorizing any
transfer of appropriations; however, the
President, the President of the Senate, the
Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions 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.
 Philippine Politics
- Discretionary funds appropriated for
particular officials shall be disbursed only for
public purposes to be supported by
appropriate vouchers and subject to such
guidelines as may be prescribed by law.
- (7) If, by the end of any fiscal year, the
Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year,
the general appropriations law for the
preceding fiscal year shall be deemed
reenacted and shall remain in force and
effect until the genre. appropriations bill is
passed by the Congress.
Procedure for Passage of Bills
Sec. 26, Art. VI
- 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.
Three ways for the bill to become a law
- When it is approved by the President;
- When the vote of the President is overridden
by a two-thirds vote of all the members of
both houses; &
- Upon failure of the President to veto the bill
and to return it with his objections, to the
House where originated, within 30 days after
the date of receipt.
Sec. 26, Art. VI
- Every bill passed by the Congress shall
embrace only one subject which shall be
expressed in the title thereof.
- No bill passed by either House shall become
a law unless it has passed three readings on
separate days, and printed copies thereof in
its final form have been distributed to its
Members three days before its passage,
except when the President certifies to the
necessity of its immediate enactment to
meet a public calamity or emergency. Upon
the last reading of a bill, no amendment
there to shall be allowed, and the vote
thereon shall be taken immediately
thereafter, and the yeas and nays entered in
the Journal.
Sec. 27, Art. VI
- The President shall have the power to veto
any particular item or items in an
appropriation, revenue, or tariff bill, but the
veto shall not affect the item or items to
which he does not object.
Sec. 29, Art. VI
- No money shall be paid out of the Treasury
except in pursuance of an appropriation
made by law.
Power of Congress to declare existence of a state of
war
Sec. 23, Art. VI
- The Congress, by a vote of two-thirds of
both Houses in joint session assembled,
voting separately, shall have the sole power
to declare the existence of a state of war.
- 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.
One Subject, One Title Rule
- To prevent "hodge-podge", "log-rolling", or
the smuggling in of "riders."
- To prevent surprise or fraud upon the
legislature.
- To fairly apprise the people of the subjects of
legislation that are being considered in order
that they may have the opportunity of being
here thereon, by petition or otherwise, if
they should so desire.
 Philippine Politics
- But the title need not be a complete
catalogue of a bill. In any case, a title must
not be "so uncertain that the average person
reading it would not be informed of the
purpose of the enactment."
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 salendar on which it is
intended to be effective based on the results
of operations during the preceding calendar
year.
WHAT IS A BILL?
- A bill is a draft of a law submitted to the
consideration of a legislative body for its
adoption.
WHAT IS A RESOLUTION?
- A resolution has been defined as a formal
expression of opinion, will, or intent by an
official body or assembled body.
RULE OF TAXATION
Sec. 28, Art. VI
- The rule of taxation shall be uniform and
equitable. The Congress shall evolve a
progressive system of taxation.
- The Congress may, by law, authorize the
President to fix within specified limits, and
subject to such limitations and restrictions as
it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and
other duties or imposts within the
framework of the national development
program of the Government.
- Charitable institutions, churches and
parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings, and improvements,
actually, directly, and exclusively used for
religious, charitable, or educational
purposes shall be exempt from taxation.
- No law granting any tax exemption shall be
passed without the concurrence of a
majority of all the Members of the Congress.
MEANING OF A 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.
- Hodge-podded legislation: any proposed
measure consisting of general or more
unrelated subjects, but are integrated in the
proposal in order to guarantee support from
members of the Congress. (these are not
valid.)
- Each house may propose a bill. (House Bill or
Senate Bill) Republic Act - enacted law
COMPONENTS OF THE LAW
Title
- refers to the subject matter of the law, or the
Act carried by the legislative
department, and the executive as well.
Preamble
- introduces the objectives for the enactment
of the Act and explains the general reasons
for such legislation.
Enacting Clause
- refers to the collective and distinct will of
both Houses to enact an act or a bill.
Enacting clause specifically states the reason
for the legislation Act.
Body
- pertains to the total substance or content of
the proposed bill
Repealing Clause
- declares a previous law or a specific
provision of a previous law as receive
 Philippine Politics
Effectivity Clause

- indicates the time at which the law shall take

eftect.

First Reading

- Referral to appropriate committee

Second Reading

- Debates
- Printing and distribution
- Essentially...

Third Reading

- Referral to the other House

- Submission to joint bicameral committee
- Submission to the President

VETO POWER OF THE PRESIDENT

- The word veto is the Latin term for "I forbid"

or "deny."
- It is the power vested in the President to
disapprove acts passed by Congress. The
veto message to the House where the bill
originated explains his objections to the bill.

When does a bill becomes a law?

- When signed by the President

- When vetoed by the President, but overrode
by the Congress When the bill lapse into law
after 30 days from receipt thereof due to
Presidential inaction.
 Philippine Politics
WEEK 9: - Congress, upon determination of the
authenticity and due execution, shall canvass
EXECUTIVE DEPARTMENT
the votes.
Sec. 1, Art. VII - Person having the highest number of votes
shall be proclaimed elected
- The executive power shall be vested in the - In case of tie, one will be chosen by the vote
President of the Philippines of majority of all the members of both
Houses of Congress, voting separately.
Executive Power

- Executive power has been defined as the TERM OF OFFICE

power to administer the laws, which means
carrying them into practical operation and
enforcing their due observance.
QUALIFICATIONS, ELECTION, AND TERM OF THE
PRESIDENT AND VICE PRESIDENT
Natural-born citizen of the Philippines;
Sec. 2, Art. VII
- A registered voter:
- Able to read and write;
- At least 40 years of age on the day of the
election: and
- A resident of the Philippines for at least 10
years immediately preceding such election.
Sec. 4, Art. VIII
- 6 years, which shall begin at noon on the
- 30th day of June next following the day of
the election and shall end at noon of the
same day 6 years thereafter
TERM OF OFFICE DISTINGUISHED FROM TENURE
OFFICE; RIGHT TO HOLD OFFICE; AND 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

Sec. 3, Art. VII - period during which the incumbent actually

holds the office.
- There shall be a Vice-President who shall
have the same qualifications and term of Right to Hold Office
office and be elected with and in the same
- the just and legal claim to enjoy the powers
manner as the President. He may be
and responsibilities of the office
removed from office in the same manner as
the President. Office
- The Vice-President may be appointed as a
- an institutional unit of government, while
Member of the Cabinet. Such appointment
term is a matter of time during which a
requires no confirmation.
person may hold the office.
ELECTION

- Regular Election: Second Monday of May.

- National Board of Canvassers President and
Vice President): Congress
- Returns shall be transmitted to congress
directed to the Senate President
- Joint public session: not later than 30 days
after election date: returns to be opened in
the presence of the Senate and HOR in joint
session
 Philippine Politics
Sec. 5, Art. VII - Where no President and Vice-President shall
have been chosen or shall have qualified, or
- Before they enter on the execution of their
where both shall have died or become
office, the President, the Vice-President, or
permanently disabled, the President of the
the Acting President shall take the following
Senate or. in case of his inability. the Soaker
oath or affirmation:
of the House of Representatives shall act as
- "I do solemnly swear lor affirm\ that I will
- President until a president or a vice-
faithfully and conscientiously fulfill my duties
president shall have been chosen and
as President or Vice-President or Acting
qualitied
President of the Philippines, preserve and
- The Congress shall. by law. provide for the
defend its Constitution, execute its laws, do
manner in which one who is to act as
justice to every man, and consecrate myself
President shall be selected until a President
to the service of the Nation. So, help me
or a Vice-President shall have qualified in
God." In case of affirmation, last sentence
case of death permanent disability. or
will be omitted.
inability of the officials mentioned in the
next preceding paragraph.
OATH OR AFFIRMATION OF THE PRESIDENT, VICE
PRESIDENT, OR ACTING PRESIDENT 2. During Term
- OATH is an outward pledge made under an Sec. 8, Art. VII
immediate sense of responsibility to God.
The oath-taking marks the formal induction - In case of death, permanent disability,
of the President, Vice President, or Acting removal from office. or resignation of the
President in office. President, the Vice-President shall become
- It is mandatory. He cannot enter on the the President to serve the unexpired term. In
execution of his office without taking the case of death, permanent disability, removal
prescribed oath or affirmation. from office, or resignation of both the
President and Vice-President, the President
RULE OF SUCCESSION of the Senate or, in case of his inability. the
Speaker of the House of Representatives,
1. At the Beginning of Term
shall then act as President until the President
Sec. 7, Art. VII or Vice-President shall have been elected
and qualified.
- The President-elect and the Vice-President- - The Congress shall, by law, provide who shall
elect. shall assume office at the beginning of serve as President in case of death,
their terms. ... permanent disability, or resignation of the
- Temporary or Permanent Vacancy in the Acting President. He shall serve until the
President before the Term President or the Vice-President shall have
- No hold-over capacity for President been elected and qualified, and be subject to
- If the President-elect fails to qualify. the Vice- the same restrictions of powers and
President-elect shall act as President until disqualifications as the Acting President.
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 the beginning of term of the President, the
President-elect shall have died or shall have
permanently disabled, the Vice-President-
elect shall become President.
 Philippine Politics
VACANCY IN THE OFFICE OF THE VICE PRESIDENT
Sec. 9, Art. VII
- 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 who shall assume office
upon confirmation by a majority vote of all
the Members of both Houses of the
Congress, voting separately.
Sec. 11, Art. VII
CONSTITUTIONAL DUTY OF CONGRESS IN CASE OF
VACANCY IN THE OFFICES OF THE PRESIDENT AND
THE VICE-PRESIDENT
Sec. 10, Art. VII
- The Congress shall, at ten o'clock in the
morning of the third day after the vacancy in
the offices of the President and Vice-
President occurs. convene in accordance
with its rules without need of a call and
within seven days enact a law calling for a
special election to elect a President and a
Vice-President to be held not earlier than
forty-five days later than sixty days from the
time of such call. The bill calling such special
election shall be deemed certified under
paragraph 2, Section 26. Article VI of this
Constitution and shall become law upon its
approval on third reading by the Congress.
Appropriations for the special election shall
be charged against any current
appropriations and shall be exempt from the
requirements of paragraph 4. Section 25,
Article VI of this Constitution The convening
of the Congress cannot be suspended nor
the special election postponed. No special
election shall be called if the vacancy occurs
within eighteen months before the date of
the next presidential election.
- Voluntary written declaration of the
President
- First written declaration by majority of the
Cabinet
- Determination by Congress by 2/3 vote of all
members, voting separately, acting on the
second written declaration by majority of the
Cabinet
- In all these cases, the Vice-President
assumes the powers and duties of the office
as Acting President.
- Voluntary written declaration of the
President - 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.
- First written declaration by majority of the
Cabinet - Whenever a majority of all the
Members of the Cabinet transmit to the
President of the Senate and to the Speaker
of the House of Representatives their written
declaration that the President is unable to
discharge the powers and duties of his office,
the Vice-President shall immediately assume
the powers and duties of the office as Acting
President.

3. In case of Temporary Disability

- Temporary Vacancy in the Presidency during

the Term
- A vacancy in the Presidency arising from his
disability can occur in any of the following
ways:
 Philippine Politics
RULES OF SUCCESSION DURING TERM

Constitutional Duty of Congress in Case of Vacancy in Situation Who shall act as

the Offices of the President and the Vice-President President
Death, permanent Vice-President to serve
Vacancy Timetable: disability, removal from the unexpired
office, or resignation of term
- 0 days - Vacancy occurs
the
- 3 days - Congress convenes
President
- 3. 10 days - Law providing for special
Death, permanent Senate President or, in
elections should be enacted disability, removal from case of his inability, the
- 55 - 70 days - Election should be held within office, or resignation of Speaker of the House
this period both the shall act as President
- 85 - 100 days - Canvassing by Congress President and Vice- until a President or a
should be done within this period President Vice-President shall
have been chosen and
RULES OF SUCCESSION qualified))
Situation Who shall act as
President PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS
Before the/At the Vice-President-elect
Beginning of the Term Until the President- Official Residence
President-elect fails to elect shall have
qualify qualified Sec. 6, Art. VII.
President shall not have Vice-President-elect - The President shall have an official residence
been chosen until the President-elect
shall have qualified) Salary
Beginning of the term: Vice-President elect
President-elect died or shall become President This shall be determined by law. It shall not be
became permanently decreased during tenure. No increase shall take effect
disabled until after the expiration of the term of the incumbent
No President and Vice- Senate President or, in which such increase was approved. (Sec. 6, Art. VII.)
President have been case of his inability.
chosen or shall have the Speaker of the Presidential Privilege
qualified House shall act as
- It is "the right of the President and high-level
President until a
executive branch officers to withhold
President or a Vice-
President shall have information from Congress, the courts, and
been chosen and ultimately the public."
qualified
The Vice-President
Both President and
Vice-President died or - Qualifications, election and term of office
became permanently and removal are the same as the President,
disabled except that no Vice- President shall serve for
more than 2 consecutive terms
- The Vice-President may be appointed as a
member of the Cabinet; such requires no
confirmation by the Commission of
Appointments.
 Philippine Politics
Prohibitions on the Executive Department Power to Control

The following prohibitions apply to: - The President may (al nullify. modify
judgments of subordinates Sec. 17, Art. VII: b
- President
undo or redo actions of subordinates; and c
- Vice-President
lay down rules for the performance of
- The members of the Cabinet, and their
subordinates' duties.
deputies’ assistants.
Power of Supervision
PROHIBITED ACTS
- This refers to the oversight function. The
Sec. 13, Art. VII
Executive must see to it that rules, which it
- Shall not receive any other emoluments from did not make, are followed.
the government or any other source For
Diplomatic Powers
President and Vice-President. Sec. 6. Art. VIII.
- Unless otherwise provided in the - Including Power to Enter into Treaties
constitution, shall not hold any other office
Sec. 18, Art. VII
or employment
- Shall not directive or indirective Commander-in-Chief Powers
a. Practice any other profession
b. Participate in any business; or Call Out Power
c. Be financially interested in any contract with,
- Armed forces to suppress lawless violence
or in any franchise or special privilege
- Suspension of the privilege of the Writ of
granted by the government or any
Habeas Corpus: Only [a) in times of rebellion
subdivision. agency. or instrumentality
or invasion; AND b when required by public
thereof. including government-owned or
safety
controlled corporate or their subsidiaries
Sec. 13, Art. VII. Martial Law
- Strictly avoid conflict of interest in the
conduct of their office [Sec. 13. Art. VIl]. - Does not suspend the Constitution
- May not appoint a spouse: or b relatives by Power of Legislation a Veto Power
consanguinity or affinity within the fourth
civil degree as members of the Constitutional - Power to Deciare emergency Integrative
Commissions, or the Office of the Power: Powers shared with legislative:
Ombudsman, or as Secretaries, legislation during times of emergency
Undersecretaries, chairmen or heads of
Residual Power
bureaus or offices. including government-
owned or controlled corporations and their - To protect the general welfare of people
subsidiaries.
Informing Power
POWERS OF THE PRESIDENT
- Address Congress during opening of session,
Summary of Presidential Powers or at any other time Sec. 23, Art. VIl

Power of Appointment Other Powers

- The legislative can create office, but only the - Power to Pardon
Executive can fill it; Congress cannot - Power to Grant Amnesty
circumvent this by setting very narrow - Borrowing Power
qualifications such that only one person is - Budgetary Power
qualified to hold office. - General Executive and Ministrative Power
 Philippine Politics
EXECUTIVE POWER
Sec. 17, Art. VII.
- This refers to the President's power to
enforce, implement, and administer laws.
The President shall ensure that the laws be
faithfully executed
POWERS OF THE PRESIDENT
Power of Appointment
[A] In General
- 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. He shall also appoint all other
officers of the Government whose
appointments are not otherwise provided
for by law, and those whom he may be
authorized by law to appoint. The Congress
may, by law, vest the appointment of other
officers lower in rank in the President alone,
in the courts, or in the heads of departments,
agencies, commissions, or boards.
- The President shall have the power to make
appointments during the recess of the
Congress, whether voluntary or compulsory.
but such appointments shall be effective only
until after disapproval by the Commission on
Appointments or until the next adjournment
of the Congress.
Appointment
- Selection by the proper authority of an
individual who is to exercise the powers and
functions of a given office. Appointee has a
right to claim compensation as stated in the
appointment.
Designation
- Imposition of additional duties, usually by
law, upon a person already in the public
service by virtue of an earlier appointment.
- Does not entail payment of additional
benefits or grants upon the person so
designated National Amnesty Commission v.
COA, G.R. No. 156982 (2004)
Commission
- Written Evidence of the appointment.
STEPS IN THE APPOINTING PROCESS
- Nomination By the President
- Confirmation By the Commission on
Appointments
- Issuance of the Commission
- Acceptance By the Appointee
[B] Types of appointment
Regular Appointment
- If The Ca [Congress] Is in Session
Ad Interim
- During the recess of congress because the ca
shall meet only while
- Congress is in session sec. 19, art. Vi].
Temporary appointment
- Can be withdrawn or revoked at the pleasure
of the appointing power. The appointee does
not enjoy security of tenure.
[C] Limitations on the Exercise
Sec. 13 2), Art. VII
- The spouse and relatives by consanguinity or
affinity within the 4th civil degree of the
President shall not, during his “tenure", be
appointed as:
a. Members of the constitutional Commission;
b. Members of the office of the Ombudsman;
c. Secretaries
d. Undersecretaries;
e. Chairman or heads of bureaus or offices,
including GOCCs and their subsidiaries.
Recess (Ad Interim) Appointments
- The President shall have the power to make
appointments during the recess of the
Congress, whether voluntary or compulsory,
 Philippine Politics
but such appointments shall be effective only
until disapproval by the Commission on
Appointments or until the next adjournment
of the Congress [Sec. 16 2). Art. VII].
Midnight Appointments Ban
- 2 months immediately before the next
presidential elections
- 2nd Monday of March, and up to the end of
his "term" June
- 30), a President (or Acting President) shall
not make appointments [Sec. 15 2), Art. VII].
Power of Control and Supervision
Sec. 17, Art. VII
- The President shall have control of all the
executive departments, bureaus, and office.
He shall ensure that the laws be faithfully
executed.
- Control is essentially the power to 1 alter or
modify or nullify or set aside what a
subordinate officer had done in the
performance of this duties: and 2 substitute
the judgement of the former with that of the
latter.
General Supervision over Local Government Units
and the Autonomous Regions
- The President shall exercise general
supervision over local government [Sec. 4.
Art. X].
- The President shall exercise general
supervision over autonomous regions to
ensure that laws are faithfully executed [Sec.
16, Art. X].
- The President may suspend or remove local
officials by virtue of the power delegated to
him by Congress through the Local
Government Code [Sec. 3.Art. XI.
Emergency Powers
- They are delegated by the Congress which
covers such power necessary to carry to a
declared national policy declared by
Congress.
Nature Grant
- Congress is the repository of emergency
powers. This is evident in the tenor of Sec. 23
[2), Art. VI authorizing it to delegate such
powers to the President.
Requisites for Grant of Emergency Powers
- Knowing that during grave emergencies, it
may not be possible or practicable for
Congress to meet and exercise its powers,
the Framers of our Constitution deemed it
wise to allow Congress to grant emergency
powers to the President, subject to certain
conditions, thus:
a. There must be a war or other emergency;
b. The delegation must be for a limited period
only:
c. The delegation must be subject to such
restrictions as the Congress may prescribe;
and
d. The emergency powers must be exercised to
carry out a national policy declared by
Congress.
Concept of Emergency
- Emergency, as a generic term, connotes the
existence of conditions suddenly intensifying
the degree of existing danger to life or well-
being beyond that which is accepted as
normal. The emergency is classifiable under
three principal heads: a) economic. (b|
natural disaster, and c) national security.
Emergency as contemplated in the 1987
Constitution, may include rebellion,
economic crisis, pestilence or epidemic,
typhoon, flood, or other similar catastrophe
of nationwide proportions or effect.
 Philippine Politics
Commander-In-Chief Powers
Sec. 18, Art. VII
- 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. 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. 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. 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.
- He may call out such armed forces to prevent
or suppress lawless violence, invasion, or
rebellion.
- He may suspend the privilege of the writ of
habeas corpus.
- He may proclaim martial law over the entire
Philippines or any part thereof.
- The President is the Commander-in-Chief of
all Armed Forces of the Philippines. The
ability of the President to require a military
official to secure prior consent before
appearing before Congress pertains to a
wholly different and independent specie of
presidential authority - the Commander-in-
Chief powers of the President. By tradition
and jurisprudence, the commander-in-chief
powers of the President are not encumbered
by the same degree of restriction as that
which may attach to executive privilege or
executive control.
Suspension of the Privilege of the Writ of Habeas
Corpus
The requisites for suspension of the privilege of the
writ of habeas corpus:
- There must be an actual invasion or
rebellion: and
- Public safety requires it.
Four ways for the Proclamation of Martial Law or the
Suspension of the privilege of the Writ of Habeas
Corpus to be lifted
- Lifting by the President himself
- Revocation by Congress
- Nullification by the Supreme Court
- 0peration of law after 60 days
Declaration of Martial Law and Suspension of the
privilege of the Writ of Habeas
Corpus: Extension
Requisites in proclaiming Martial Law:
- Public safety requires the proclamation of
martial law all over the Philippines or in any
part thereof.
- The power to declare martial law and to
suspend tile privilege of the writ of habeas
corpus involve curtailment and suppression
of civil rights and individual freedom.
- Thus, the declaration of martial law serves as
a warning to citizens that the Executive
Department has called upon the military
assist in the maintenance of law and order,
and while the emergency remains, the
citizens must, under pain of arrest and
punishment, not act in a manner that will
render it more difficult to restore order and
enforce the law. Lagman v. Medialdia, G.R.
No. 231658 2017]
 Philippine Politics
Declaration of Martial Law and Suspension of the
privilege of the Writ of Habeas
Corpus; Extension
The Role of Congress [Sec. 18 (1) |2], Art. VIl
- Congress may revoke the proclamation of
martial law or suspension of the privileges of
the writ of habeas corpus before the lapse of
60 from the date of suspension or
proclamation.
- Upon such proclamation or suspension,
Congress shall convene at once. If it is not in
session, it shall convene in accordance with
its rules without need of a call within 24
hours following the proclamation or
suspension.
- Within 48 hours from the proclamation or
the suspension, the President shall submit a
report, in person or in writing, to the
Congress.
- The Congress shall then vote jointly, by a
majority of all its members.
The Role of Supreme Court [Sec. 18 (3). Art. VII
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of:
- The proclamation of martial law or the
suspension of the privilege of the write or
- The extension thereof. It must promulgate its
decision thereon within 30 days from its
filing.
- Petition for Habeas Corpus
- When a person is arrested without a warrant
for complicity in the rebellion or invasion, he
or someone else on his behalf has the
standing to question the validity of the
proclamation or suspension.
- Before the SC can decide on the legality of his
detention, it must first pass upon the validity
of the proclamation or suspension
Executive Clemency
Nature and Limitations
Sec. 19, Art. VII
- Except in cases of impeachment, or as
otherwise provided in this Constitution, the
President may grant reprieves,
commutations and pardons, and remit fines
and forfeitures, after conviction by final
judgment.
- He shall also have the power to grant
amnesty with the concurrence of a majority
of all the Members of the Congress.
General Exceptions to Executive Clemencies
- in case or impeachment: and
- As otherwise in this Constitution. e.g., for
election offenses: No pardon. amnesty,
parole, or suspension of sentence for
violation of election laws, rules, and
regulations shall be granted by the President
without the favorable recommendation by
the Commission on Election Sec. 5. Art. IXI
- In cases of legislative and civil contempt
- Before conviction by final judgment [except
amnesty|
- Without concurrence of a majority of all
members of Congress (in case of amnesty|
[Sec. 5. Art. IX]
Forms of Executive Clemency
Reprieves
- A temporary relief from or postponement of
execution of criminal penalty or sentence or
a stay of execution [Black's Law Dictionary]
Commutations
- Reductions of sentence [Black's Law
Dictionary].
Amnesty
- A sovereign act of oblivion for past acts,
granted by government generally to a class
of persons who have been guilty usually of
political offenses and who are subject to trial
but have not yet been convicted, and often
 Philippine Politics
conditioned upon their return to obedience
and duty within a prescribed time Black's
Law Dictionary.
Remit fines and forfeitures after conviction by final
judgment.
Pardons
- Permanent cancellation of sentence [Black's
Law Dictionary.
Parole
- The suspension of the sentence of a convict
granted by a Parole Board after serving the
minimum term of the indeterminate
sentence penalty, without granting a pardon,
prescribing the terms upon which the
sentence shall be suspended.
Amnesty
- Addressed to political offenses
- To classes of persons
- Requires concurrence of Congress
- Looks backward and puts into oblivion the
offense itself
- May be extended at any stage
Treaty-Making Power
- As defined by the Vienna Convention on the
Law of Treaties, "an international instrument
concluded between States in written form
and governed by international law, whether
embodied in a single instrument or in two or
more related instruments, and whatever its
particular designation" [Bayan v. Executive
Secretary, G.R. No. 138570 2000.

Diplomatic Power Powers Relative to Appropriation Measures

Scope of Diplomatic Power Fixing of Tariff Rates

- The President, being the head of state, is Sec. 28, Art. VI

regarded as the sole organ and authority in
- The Congress may, by law, authorize the
external relations and is the country's sole
President to (al fix within specified limits, and
representative with foreign nations. Since
2) subject to such limitations and restrictions
the President is the chief architect of foreign
as it may impose:
policy, the President acts as the country's
a. Tariff Rates;
mouthpiece with respect to international
b. Import and export quotas;
affairs.
c. Tonnage and wharfage dues;
The President is vested with the authority to: d. Other duties or imposts within the
framework of the national development
- Deal with foreign states and governments; program of the government
- Extend or withhold recognition;
- Maintain diplomatic relations; Delegated powers
- Enter into treaties; and
Sec. 23 2. Art. VI
- Transact the business of foreign relations
Pimentel v. Executive Secretary, G.R. No. - The President, under martial rule or in a
158088 2005). revolutionary government, may exercise
delegated legislative powers.
Pardon vs. Amnesty

Pardon

- Infractions of peace of the state

- Granted to individuals
- Exercised solely by the executive
- Private act which must be pleaded and
proved
- Extended after final judgment
 Philippine Politics
Emergency Powers Sec. 23, Art. VI
- In time 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 adjournment thereof.
veto shall not affect the item or items to
which he does not object.
Executive Privilege
2 Kinds of Executive Privilege
Presidential Communications Privilege
- communications are presumptively
privileged; President must be given freedom
to explore alternatives in policy-making.

Residual Powers Deliberative Process Privilege

- These are the unstated powers possessed by
the President which are 1 not enumerated in
the Constitution, 2| implied with the grant of
executive power, and 3 not possessed by the
legislative and judiciary.
- refer to materials that comprise part of a
process by which governmental decisions
and policies are formulated. This includes
diplomatic processes. Akbayan v. Aquino, G.
No. 170516 2008.

Veto Powers

Sec. 27, Art. VI

- 1 Every bill passed by the Congress shall,

before it becomes a law, be presented to the
President. If he approves the same, he shall
sign it: otherwise. he shall veto it and return
the same with his objections to the House
where it originated, which shall enter the
objections at large in its Journal and proceed
to reconsider it. If, after such
reconsideration, two-thirds of all the
Members of such House shall agree to pass
the bill, it shall be sent, together with the
objections, to the other House by which it
shall likewise be reconsidered, and if
approved by two-thirds of all the Members
of that House, it shall become a law. In all
such cases, the votes of each House shall be
determined by yeas or nays, and the names
of the Members voting for or against shall be
entered in its Journal. The President shall
communicate his veto of any bill to the
House where it originated within thirty days
after the date of receipt thereof; otherwise,
it shall become a law as if he had signed it.
- The President shall have the power to veto
any particular item or items in an
appropriation, revenue, or tariff bill, but the
 Philippine Politics
WEEK 10:
JUDICIAL ARTICLE VIII DEPARTMENT
Sec. I, Art. VII
- The judicial power shall be vested in one
Supreme Court and in such lower courts as
may be established by law.
- Judicial power includes the duty of the courts
of justice to settle actual controversies
involving rights which are legally
demandable and enforceable, and to
determine whether or not there has been a
grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any
branch or instrumentality of the
Government.
Judicial Power
- This is the power and duty of courts of justice
to apply the laws to contests or disputes
concerning legally recognized rights or duties
between the State and private persons or
individuals, or between private persons or
individual litigants, in cases properly brought
before the judicial tribunals.
SCOPE OF JUDICIAL POWER
Adjudicatory power
- Judicial power includes the duty of courts of
justice:
- to settle actual controversies involving rights
which are legally demandable and
enforceable; and
- to determine whether 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.
ORGANIZATION OF COURTS
Regular Court: General in application
- First Level Courts are more commonly
referred to as Metropolitan Trial Courts
(MeTC), Municipal Trial Courts in Cities
(MTCC), Municipal Trial Court (MC), and
Municipal Circuit Trial Courts (MCTC).
Regional Trial Courts are also known as
Second Level Courts, which were established
among the thirteen Judicial regions in the
Philippines consisting of Regions I to XII and
the National Capital Region (NCR). The Court
of Appeals with 69 Justices headed by a
Presiding Justice which operates in 23
divisions each comprising three (3)
members. The Court sits en banc only
exercise administrative, ceremonial, or other
non-adjudicatory functions.
Special Courts: Limited Cases
- The Sharia District Courts are equivalent to
the Regional Trial Courts in rank, which were
established in certain provinces in Mindanao
where the Muslim Code on Personal Laws is
being enforced. On the other hand, the
Sharia Circuit Courts are the counterpart of
the Municipal Circuit Trial Courts established
in certain municipalities in Mindanao. The
Sandiganbayan has jurisdiction over criminal
and civil cases involving graft and corrupt
practices and such other offenses committed
by public officers and employees, including
those in government-owned or controlled
corporations, in relation to their office as
may be determined by law. The Court of Tax
Appeals was created under R.A. No. 1125, as
amended by R.A. No. 9282, which has
exclusive appellate jurisdiction to review on
appeal, among other, decisions of the
Commissioner of Internal Revenue involving
internal revenue taxes and decisions of the
Commissioner of Customs involving customs
duties
 Philippine Politics
Quasi-Judicial Agencies
- Administrative bodies under the executive
branch performing quasi-judicial functions,
like the National Labor Relations
Commission, the Employees Compensation
Commission, the Securities and Exchange
Commission, the Insurance Commission,
etc., and the independent Constitutional
Commissions do not form part of the
integrated judicial system.
Sec. 2, Art. VIII
- The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of
various courts but may not deprive the
Supreme Court of its jurisdiction over cases
enumerated in Section 5 hereof.
- No law shall be passed reorganizing the
Judiciary when undermines the security of
tenure of its Members.
JURISDICTION OF COURTS
- Jurisdiction is the power and authority of a
court to hear, try, and decide a case. It may
be:
General
- when it is empowered to decide all disputes
which may come before it except those
assigned to other courts;
Limited
- when it has authority to hear and determine
only a few specified cases;
Original
- when it can try and decide a case presented
for the first time. It may be exclusive or
concurrent;
Appellate
- when it can take a case already heard and
decided by a lower court removed from the
latter by appeal;
Exclusive
- when it can try and decide a case which
cannot be presented before any other court;
Concurrent
- when any one of two or more court may take
cognizance of a case
Criminal
- that which exists for the punishment of
crime; and
Civil
- that which exists when the subject matter is
not of a criminal nature.
Sec. 3, Art. VIII
- The Judiciary shall enjoy fiscal autonomy.
- Appropriations for the Judiciary may not be
reduced by the legislature below the amount
appropriated for the previous year and, after
approval, shall be automatically and
regularly released.
Sec. 4, Art. VIII
- The Supreme Court shall be composed of a
Chief Justice and fourteen Associate Justices.
It may sit en banc or in its discretion, in
divisions of three, five, or * seven Members.
Any vacancy shall be filled within ninety days
from the occurrence thereof.
- Cases or matters heard by a division shall be
decided or resolved with the concurrence of
a majority of the Members who actually took
part in the deliberations on the issues in the
case and voted thereon, and in no case,
 Philippine Politics
without the concurrence of at least three of
such Members. When the required number
is not obtained, the case shall be decided en
banc: Provided, that no doctrine or principle
of law laid down by the court in a decision
rendered en banc or in division may be
modified or reversed except by the court
sitting en banc.
THE SUPREME COURT
Composition
- Chief justice and 14 associate justices
- May sit en back or in division of three, five,
or seven members
- Vacancy shall be filled within 90 days from
the occurrence thereof
Strict Composition
- There is but one Supreme Court whose
membership appointments are permanent.
HOW MANY DIVISIONS CAN IT HAVE?
En Banc
2 Divisions
- 7 members
3 Divisions
- 5 members
5 divisions
- 3 members
EN BANC AND DIVISION CASES
En Banc
- Cases decided with the concurrence of a
majority of the Members who actually took
part in the deliberations and voted.
Instances when the SC Sits En Banc
- Actions instituted by citizens to test the
validity of a proclamation of Martial Law or
suspension of the privilege of the writ [Sec.
18, Art VIII
- When sitting as Presidential Electoral
Tribunal [Sec. 4 (7), Art. VIl]
- All other cases which under the Rules of
Court are require to be heard by the SC en
banc. [Sec. 4 (2), Art. Vill]
Sec. 5, Art. VIII
The Supreme Court shall have the following powers:
- Exercise original jurisdiction over cases
affecting ambassadors, other public
ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
- Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and
orders of lower courts in:
- All cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential
decree, proclamation, order, instruction,
ordinance, or regulation is in question.
- All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation
- thereto.
- All cases in which the jurisdiction of any
lower court is in issue.
- All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
- All cases in which only an error or question
of law is involved.
PERIOD FOR DECIDING CASES [SEC. 15 (1), ART. VIII)
Supreme Court
- (24 months)
Lower Collegiate Courts
- (12 months unless reduced by SC)
Other Lower Courts
- (3 months unless reduced by the SC)
Upon expiration of the period, the Chief Justice or
presiding judge shall issue a certification stating why
the decision or resolution has not been rendered
within the period [Sec. 15 (3), Art. VIII]
 Philippine Politics
ORIGINAL JURISDICTION [SEC. 5 (1), ART. VIII]

Cases affecting ambassadors, other public ministers

and consuls

Petition for certiorari

- it is a writ issued from a superior court

requiring a lower court or a board, or officer
exercising judicial functions to transmit the
records of a case to the superior court for
purposes of review.

Petition for prohibition

- It is a writ by which a superior court

commands a lower court or a corporation,
board, or person acting without or in excess
of its or his jurisdiction, or with grave abuse
of discretion, to desist from further
proceedings in an action or matter.

Petition for mandamus

- It is an order issued by a superior court

commanding a lower court or a corporation,
board, or person to perform a certain act
which it is its or his to do.

Petition for quo warranto

- It is an action by the government to recover

an office or franchise from an individual or
corporation usurping or unlawfully holding
it.

Petition for habeas corpus

- is granted, the writ shall be directed against

the officer holding custody of the person or,
in case the restraint is caused by a person not
an officer, the person responsible for said
detention; and he shall have to produce the
body of the person restrained before the
court or judge designated in the writ.