THE EXECUTIVE DEPARTMENT OF THE GROUNDS FOR IMPEACHMENT ♥️

PHILIPPINES
- Culpable Violation of the Constitution
- execution and administration of law’s
- Treason (Overthrowing)
- sets the direction of national policy
- Bribery (promises, gifts)
- Executive power is vested to the President
- Graft and Corruption (misuse, abuse)
- Betrayal of Public trust (violation of oath)
RUNNING FOR PRESIDENT
- Natural born Filipino
RULES ON SUCCESS
- Registered voter
If the President dies the VP President become
- Literate “In acting capacity”
- 40 y.o on election day If no press & vpress then Senate Press/ Speaker
of the house become “In acting capacity”
- Resident of the country for 10 y
- elected at large by plurality
PRESIDENTIAL POWER
* Executive Power- enforce/administer laws
TERM LIMITS (PRESIDENT)
* Power of appointment
-Two terms (6years)
- President (by no re-election)
APPOINTING PROCEDURE
- No president for 4 y can run again
1. Nomination by the President
- V-Press maximum 2 y.
2. Confirmation by the Commission on
Election congress as the canvassing board and
Appointments
the Supreme Court as the Electoral Tribunal
3. Issuance of commission
4. Acceptance by appointee
PROHIBITION AND INHIBITION (PRESIDENT)
- not receive other emolument
LIMITATIONS OF APPOINTING
- not hold other office unless provided
-remain effective unless revoked within 90 days
- not practice any other profession
-shall not make appointments except
- Avoid conflict
temporary to executive positions 2 months
- Avoid nepotism, favoritism before elections
 •Budgetary Power – within 30 days, submit to
congress a budget of expenditures
When to make Appointment?
•Informing Power – address congress
- During the recess of the congress
(voluntary or compulsory) •Residual Power – not judicial/legislative is
exercised by the president
PRESIDENTIAL POWERS Other Presidential Power
• Power of removal •Call special session with the congress
• Power of Control •Power to approve or veto bills
• Military powers – Commander in chief •Power to deport aliens
• Pardoning power - out of grace for the crime •Consent to deputation of government
committed personnel by COMELEC
a. Commutation – reduction mitigation of •Discipline such deputies
penalty
•Delegation from congress
b. Reprieve - postponement of sentence/stay of
•Emergency and traffic powers
execution
•General supervision over local government
c. Parole - releases from prison but without full
and automatic regional government
restoration
d. Amnesty – act of grace by legislative, usually
to group w/ political offenses
Limitations of the pardoning power cannot be PHILIPPINE LEGISLATIVE DEPARTMENT
granted to the ff.
Law making body of the government
a. cases of impeachment
LEGISLATIVE POWER
b. violation of election laws
1. Power to propose, enact, amend, or repeal
c. Legislative contempt / civil contempt laws
d. civil liability 2. Vested in Congress
e. restore public forfeited People’s Initiative – law making power vested
directly to the people
• Borrowing power
a. foreign loans
COMPOSITION OF CONGRESS
b. Monetary Board report on loans within 30
days Congress – Senate ( Upper house, 24 senators)
House of Representatives ( Lower house, not
•Diplomatic Power – International relations
more than 250 members)
 - voluntary renunciation shall not be considered

The House of Representatives, subdivided into: Election of the Congress

a. District Representatives - Second Monday of May (incase of
vacancy, special election)
b. Party-List Representatives (ex. poor,
indigenous, women, youth) LEGISLATIVE ORGANIZATION
•Lower House
The Senator’s Qualifications 1. Speaker of the House
- Natural born Filipino 2. Deputy Speaker
- Registered voter 3. Majority Leader
- Literate 4. Minority Leader
- 35 y.o 5. Secretary General
- Resident of the country for not less than 2 y 6. Sergeant at Arms
•Upper House
Term of Office of the Senate 1. Senate President
-6y 2. President Pre Tempore
- not serve for more than 2 consecutive terms 3. Secretary
- voluntary renunciation shall not be considered 4. Sergeant at Arms
Privileges of Members of Congress
The Representatives Qualifications 1. Privilege from arrest (not more than 6yrs
imprisonment)
- Natural born Filipino
2. Privileges of Speech and Debate
- Registered voter in district
- Literate
Disqualifications and Inhibitions
- 25 y.o
•Incompatible Office – not hold other office
- Resident of the country for not less than 1 y
•Forbidden Office – not be appointed to any
office
Terms of office of the Representatives
•Legal Counsel – cannot appear as counsel
-3y
•Financial Interest – not to be financially
- not serve for more than 3 consecutive terms interested
•Intervention on Account of Office – not to
intervene in any matter before any office
Constitutional Laws
Sessions of Congress
- Congress may not increase but can only
•Regular – once every year beginning the 4th decrease
Monday of July until 30 days before the start of
- Form, content and manner of preparing the
the new regular session
budget shall be provided by law
•Special – when call by the president
- No provision or enactment shall be embraced
•Joint Sessions (Voting separately / jointly) unless it relates specifically to some particular
appropriations
Classifications of the Power Congress
- The procedure for approving appropriations
•Legislative Power – making laws for
for Congress shall be the same as that of other
appropriation, taxation, and expropriation
major departments of government
•Non-legislative Power – power to canvass
- Transfer of appropriation is prohibited unless
votes, declare existence of a state of war, etc.
permitted by the provision of Constitution
- When there is a failure to enact the General
The Legislative Process ♥️ Appropriation, than there is an automatic re-
appropriation of the previous budget
1. Drafting a bill
2. First Reading
3. Second Reading
PHILIPPINE JUDICIAL DEPARTMENT
4. Third Reading
Power to interpret the law.
5. Presidential Action
Judicial Power
Veto, 30 days
This is a power to apply the laws to contests or
disputes concerning legally recognized rights.
ESSENTIAL PARTS OF THE LAW
•Number and Title – what the law is made for The exercise of judicial power is categorized
(serial number) into two, namely:
•Enacting Clause – congressional bodies 1. Adjudicatory power
•Bodies – preliminaries (policy statement & a. To settle actual controversies
definition) proper (specific guidelines/rules)
b. To determine whether or not there has been
•Separating Clause – set’s the rules on either a grave abuse of discretion
validity or invalidity
2. Judicial Review Power
•Repeating Clause – stresses the conditions,
and time when the law shall take effect
a. To upon pass the validity or constitutionality
of the laws of the State. This is based on the
supremacy of the Constitution
b. To interpret them
c. To render binding judgment
Qualifications for Members of the Supreme
Court
• For Supreme Court and Court of Appeals
- Must be a natural-born Filipino citizen
- Member of the Philippine Bar
- At least 40 years of age
- A judge of lower court or engaged in the
practice of law for 15 years
- A person of proven competence, integrity,
probity and independence
• For Regional Trial Court
- Must be a natural born Filipino citizen
- Member of the Philippine Bar
- At least 35 years of age
- Practice the law for 10 years
- A person of proven competence, integrity,
probity and independence
• For Municipal Trial Court, Municipal Circuit
Trial Court and Municipal Trial Court in Cities
- Must be a natural-born Filipino citizen
- Member of the Philippine Bar
- At least 30 years of age
- Engaged in the practice of law for 5 years
- A person of proven competence, integrity,
probity and independence
Judicial and Bar Council
1. Chief Justice as Ex Officio Chairman
2. Secretary of Justice
3. Representatives of the Congress as ex officio
member
4. Representatives of the Integrated Bar
5. Professor of Law, a retired member of the
Supreme Court
6. Representatives of the private sector as a
regular member
Jurisdiction of the Judiciary ♥️
• General- decide all disputes except those
assigned to other courts
• Limited- the tribunal is empowered to few
and specific case
• Original- when the court can try and decide a
case for the first time
• Appellate- when the court can take a case
already heard and decided by the lower courts
by appeal or review
• Exclusive- case cannot be presented in other
courts
• Concurrent- two or more courts may take
cognizance of the case
• Criminal- imposes punishment of crime,
imprisonment
• Civil- not criminal nature, but imposes
damages as punishment
• Administrative- nature of controversy is not
punishable by imprisonment and damages
Focused Questions in Trials and Reviews
1. Justiciable question- it is a given right, legally
demanded and enforceable.
a. Question of fact. Truth or falsehood of the
alleged facts in the controversy
b. Question of law. Law on a certain fact
2. Political question- this question which under
the Constitution are to be decided by the
people in their sovereign capacity
Organization of Courts
• Regular Courts- the Supreme Court, Court of
Appeals, Regional Trial Courts, Metropolitan
Trial Court, Municipal Trial Courts, Municipal
Trial Courts in Cities and Municipal Circuit Trials
•Special Courts- the Sandiganbayan, Court of
Tax Appeals and Shariah District and Circuit
Courts
Organization of Courts
•Quasi-Judicial bodies- these are under the:
-Executive branch
-Check and Balance
-National Labor Relations Commission
-Employees Compensation Commission
-Securities and Exchange Commission
-Court Martial
-Civil Service Commission
-Insurance Commission
-Commission on Election
-Judge Advocate General’s Office, etc
• Collegiate Courts- Supreme Court, Court of
Appeals, Sandiganbayan and Court of Tax
Appeals
Hierarchical Jurisdiction of Judicial Bodies ♥️
• Lower Courts- To cover from offenses
punishable with imprisonment not exceeding 6
years. (Metropolitan Trial Court, Municipal Trial
Courts, Municipal Trial Courts in Cities and
Municipal Circuit Trials.)
• Regional Trial Courts- shall have jurisdiction
over offenses if the amount of the fine exceeds
4,000.00
• Court of Appeals- higher appellate on
judicial / quasi-judicial
• Supreme Court-highest appellate on judicial /
quasi-judicial and original jurisdiction on
presidential
From highest to lowest
The Supreme Court
Composition. The Supreme Court is composed
of a Chief Justice and 14 Associates Justices.
Divisions. They may sit en banc or in its
discretion in division of 3, 5,7 members and any
vacancy shall be filled within 90 days
Alexander G. Gesmundo (Chief Justice)
Tenure of Justices and Judges
a. Supreme Court- until they reach 70 years of
age or become incapacitated to discharge
( through impeachment )
b. Lower Courts- until they reach 70 years of • To determine whether there has been a grave
age or become incapacitated to discharge abuse of discretion to lack or excess of
jurisdiction
-Legality of actions
Powers of the Supreme Court
-Lack of jurisdiction
• Original Jurisdiction
-Lack of authority to act on the matter in
a. Over cases affecting ambassadors, other
dispute
public ministers and consuls;
➤ Judicial Review
b. Petition for Certiorari, Prohibition,
Mandamus, Quo warranto and Habeas Corpus •Interpret the law and make them binding
judgements
c. Review factual basis of the declaration of
martial law upon petition by any citizen •Constitutionality of the laws
• Appellate Jurisdiction- review, revise, modify -Constitutionality of no permit no rally policy
and affirm on appeal or certiorari as the law or
➤Incidental Power
the Rules of Court may provide, final judgments
and orders of lower courts. •powers essential for the discharge of their
judiciary function
-Contempt of Court
Judicial Department
-Subpoena
Article VIII
-Warrant of Arrest
Section 1 The judicial power shall be vested in
one Supreme Court and in such lower courts as Judicial Review
may be established by law.
► Power of the court to interpret the
Constitution
Judicial Power ► To declare any legislative or executive act as
unconstitutional and invalid Grave abuse of
► Power to apply the laws to settle disputes
discretion
between the State and private persons, or
between individual litigants ► To uphold supremacy of the Constitution
► Interpret the law to make it enforceable and ► Limited to validity and legality issues
binding to all
► Supreme Court and other lower courts
Supreme Court
► Final decision maker
➤Adjudicatory Power
► Highest court of the land
• To settle actual controversies involving rights
•Classes of Courts
► Constitutional Court ► Make pronouncements and judgements on
certain issues
•Provided by the constitution
• Commission on Elections
•One Supreme Court
• National Labor Relations Commission
► Statutory Courts
• Securities and Exchange Commission
•Creations of law
• They render judgements just like the Judicial
-Legislative
Department, yet they form part of the
•Lower courts Executive Department

-Courts below the Supreme Court

Powers of the Judiciary

Statutory Courts ➤ Settle disputes concerning consuls or

diplomats
► Regular
• They enjoy immunity from domestic suits or
• Court of Appeals cases
•Regional Trial Court ► Petition for Certiorari
-Metropolitan Trial Court • Special civil action requesting a lower court or
-Municipal Trial Court body to transmit the records to the superior
court for review
-Municipal Circuit Trial Court
► Prohibition
•Shari’a District Court
•Writ by which the superior court prohibits the
lower court or body to stop further proceedings
➤ Mandamus
►Special • Order by a superior court to a lower court to
•Sandiganbayan do perform a certain act which it is bound to do
so
-Review cases filed against government officials
► Quo Warranto
•Court of Tax Appeals
• Action by the government to recover an office
-Review appeals on the decisions of the BIR or franchise from an individual unlawfully
holding it

Quasi-Judicial Agencies ▸ Automatic Review of Cases sentenced by

lower court with Reclusion Perpetua or Death
▸ Agencies under the Executive Department Penalty
performing duties similar to the Judicial
Department
 Being aware that you have someone to depend
on in case of disputes or conflicts
- Preservation of the government
Process in Appointing a Judge
Settle issues being different government
► List of three nominees submitted by the
agencies
Judicial and Bar Council (JBC)
- Respect for law and order
► President will choose from the list
Organized and civilized society

Tenure of Office
► Retiring age at 70 years old
► Incapable of discharging duties
• Physically or mentally
• Requires to be impeached to be removed
from office

Composition of the Supreme Court

► Composed of 15 Judges
► Chief Justice
▸ Appointed by the President
► Hearing Procedure
En banc Divisions of three members (5
divisions)
• Divisions of five members (3 divisions)
Divisions of seven members (2 divisions)
- Gravity and importance of the case
- At least three judges agreeing
Independence of the Judiciary
► Among the three branches of government,
independence of the Judiciary is very important
- Why?
- Confidence in the government