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Political Science (FINALS)

Section 4: The term of office of the Senators shall
ARTICLE VI – LEGISLATIVE DEPARTMENT be six years and shall commence, unless
otherwise provided by the law, at noon on the
Section 1: The Legislative power shall be vested in thirtieth (30th) day of June next following their
the congress of the Philippines which shall consist of election.
a senate and the House of Representative except to
the extent reserved to the people by the provision No Senators shall serve for more than two
on initiative and referendum. consecutive terms. Voluntary renunciation of
the office for any length of time shall not be
Bicameral Legislative – double chamber body considered as an interruption in the continuity of
Unicameral Legislative – Single chamber body his service for the full term for which he was
Senate – Upper House elected.
House of Representative – Lower House
QUALIFICATIONS OF SENATORS
*Advantages of Bicameralism* 1. Natural – born citizen of the Philippines.
1. A second chamber (Senate) is necessary to serve 2. At least 35 years of age on the day of
as a check to hasty and ill – considered legislation; election.
2. Its serves as a training ground for future leaders; 3. Able to read and write.
3. Its provides a representation for both regional 4. Registered voter.
and national interests; 5. Resident of the Philippines for not less than 2
4. A Bicameral legislature is a less susceptible to years immediately preceding the day of the
bribery and control of big interests; election.
5. It is a traditional form of legislative body dating
from ancient times; as such; it has been tested and Section 5.1: the House of Representatives shall
proven in the crucible of human experience. be composed of not more than two hundred
and fifty (250) members, unless otherwise fixed
CLASSIFICATION OF THE POWERS OF THE CONGRESS by law, who shall be elected from legislative
(1) General Legislative Power – the power to districts apportioned among the provinces,
enact laws intended as a rules of conduct cities, and the Metropolitan Manila area in
to govern the relations among individuals or accordance with the number of their respective
between the individuals and the state. inhabitants, and on the basis of the uniform and
(2) Specific Powers – powers which the progressive ratio, and those who, as provided
constitution expressly directs or authorizes by law shall be elected through a party-list
congress to exercise like the power to system of registered national, regional and
choose who shall become the President in sectoral parties of organizations.
case two or more candidates have an
equal and highest number of votes. (2) The party-list representatives shall constitute
(3) Implied Powers – They are those essential or twenty per centum of the total number of
necessary to the effective exercise of the representatives including those under the party
powers expressly granted, like the power, list. For three consecutive terms after the
like the power to conduct inquiry and ratification of this Constitution, one-half of the
investigation in aid of legislation, to punish seats allocated to party list representatives shall
for contempt and to determine the rules of be filled, as provided by law, by selection from
its proceedings. the labor, peasant, urban poor, indigenous
(4) Inherent powers – the powers which are cultural communities, women, youth, and such
possessed and can be exercised by any other sectors as may be provided by law,
government because they exist as an except the religious sector.
attribute of sovereignty.
(3) Each Legislative district shall comprise, as far
Section 2: The Senate shall be composed of as practicable, contiguous, compact and
twenty-four (24) Senators who shall be elected adjacent territory. Each city with a population of
at large by the qualified voters of the at least two hundred fifty thousand (250,000), or
Philippines, as may be provided by the law. each province, shall have at least one
representative.
Section 3: No person shall be a Senator unless
he is a natural born citizen of the Philippines, (4) Within three years following the return of
and, on the day of the election, is at least thirty- every census, the Congress shall make a
five (35) years of age, able to read and write, a reapportionment of legislative districts
registered voter, and a resident of the based on the standards provided in this
Philippines for not less than two years section.
immediately preceding the day of election.
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Section 6: No person shall be a Member of the Section 12: All Members of the Senate and the
House of Representatives unless he is a natural House of Representatives shall, upon
born citizen of the Philippines and, on that the of assumption of the office, make a full disclosure
election, is at least twenty-five (25) years of of their financial and business interests. They
age, able to read and write, and, except the shall notify the House concerned of a potential
party-list representatives, a registered voter in conflict of interest that may arise from the filing
the district in which he shall be elected, a of a proposed legislation of which they are
resident thereof a for a period of not less than authors.
one year immediately preceding day of the
election. Section 13: No Senators of the Senate and the
House of Representatives may hold another
Section 7: The Members of the House of office or employment in the Government, or any
Representatives shall be elected for a term of subdivision, agency or instrumentality thereof,
three years which shall begin, unless otherwise including government-owned or –controlled
provided by law, at noon on the thirtieth (30th) corporations or their subsidies, during his term
day of June next following their election. without forfeiting his seat. Neither shall he be
appointed to any office which may have been
No Members of the House of created nor the emoluments thereof increased
Representatives shall serve for more than three during the term for which he was elected.
consecutive terms. Voluntary renunciation of
the office for any length of time shall not be
considered as an interruption in the continuity of Section 14: No Senators or Members of the
his service for the full term for which he was House of Representatives may personally
elected. appear as a counsel before any court of justice
or before the Electoral Tribunals, or quasi-
QUALIFICATIONS OF REPRESENTATIVES judicial and other administrative bodies. Neither
1. A natural-born citizen of the Philippines; shall he, directly or indirectly, be interested
2. At least 25 years of the age on the day of financially in any contract with, or in any
election; franchise or special privilege granted by the
3. Able to read and write; Government, or any subdivision, agency, or
4. Except for the party-list representative, a instrumentality thereof, including any
registered voter in the district in which he government-owned or –controlled corporation
shall be elected; and or its subsidiary during his term of office. He shall
5. A resident thereof a period of not less than 1 not intervene in any matter before any office of
year preceding the day of the election. the Government for his pecuniary benefit or
may he may be called upon to act on account
Section 8: Unless otherwise provided by law, the of his office.
regular election of the Senators and the
Members of the House of Representatives shall Section 15: The Congress shall convene once
be held on the second Monday of May. every year of the fourth (4th) Monday of July for
its regular session, unless a different date is fixed
Section 9: In case of vacancy in the Senate or in by law, and shall continue to be in session for
the House of Representatives, a special election such number of days as it may determine until
may be called to fill such vacancy in the thirty (30) days before the opening of its next
manner prescribed by law, but the Senator or regular session, exclusive of Saturdays, Sundays
Member of the House of Representatives thus and legal holidays. The President may call a
elected shall serve only for the unexpired term. special session any time.

Section 10: The salaries of Senators and SESSIONS OF CONGRESS

Members of the House of Representatives shall 1. Regular session – Congress shall convene
be determined by law. No increase in said once every year on the fourth (4th) Monday
compensation shall take effect until after the of July for its regular session unless a different
expiration of the full term of all the Members of date is fixed by law.
the Senate and the House of Representatives 2. Special session – it takes place when the
approving such increase. President calls Congress, during the time
that it is in recess to consider such subjects
Section 11: A Senator or Member of the House of or legislation as he may designate.
Representatives shall, in all offenses punishable 3. Executive session – secret meeting of the
by not more than six (6) years imprisonment, be Congress.
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.
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Section 16(1): The Senate shall elect its President the basis of proportional representation from the
and the House of Representatives its Speaker, political parties and the parties or organizations
by a majority vote of all its respective Members. registered under the party-list system
Each House shall choose such other officers represented therein. The senior Justice in the
as it may deem necessary. Electoral Tribunal shall be its chairman.
(2) A majority of its House shall constitute a
quorum to do business, but smaller number may Section 18: There shall be a Commission on
adjourn from day to day and may compel the Appointments consisting of the President of the
attendance of absent Members in such manner, Senate, as ex officio Chairman, twelve Senators
and under such penalties, as such House may and twelve Members of the House of
provide. Representatives, elected by each House on the
(3) Each House may determine the rules of its basis of proportional representation from the
proceedings, punish its Members for disorderly political parties and the parties or organizations
behavior, and, with the concurrence of two- registered under the party-list system
thirds of all its Members, suspend or expel a represented therein. The Chairman of the
Member. A Penalty of suspension, when Commission shall act on all appointments
imposed, shall not exceed sixty (60) days. submitted to it within thirty session days of the
(4) Each House shall keep a Journal of its Congress from their submission. The Commission
Proceedings, and from time to time publish the shall rule by a majority vote of all the Members.
same, excepting such parts as may, in its
judgement, affect national security; and the Ex officio- automatic appointment
yeas and nays on any question shall, at the
request of one-fifth of the Members present, be Section 19: The Electoral Tribunals and the
entered in the Journal. Commission on Appointments shall be
Each House shall also keep a Record of constituted within 30 days after the Senate and
proceedings. the House of Representatives shall have been
(5) Neither House during the session of the organized with the election of the President and
Congress shall, without the consent of the other, the Speaker. The Commission on Appointments
adjourn for more than three days, nor to any shall meet only while the Congress is in session,
other place than that in which the two Houses at the call of its Chairman or a majority of all its
shall be sitting. Members, to discharge such powers and
functions as are herein conferred upon it.
OFFICERS OF THE CONGRESS
Speaker of the HR - Feliciano Belmonte Section 20: The records and books of accounts
Deputy Speaker – Henedina Abad, Giordidi of the Congress shall be preserved and be open
Aggabao, Sergio Apostol, Pangalian Balndong, to the public in accordance with law, and such
Carlos M. Padilla, Roberto Puno books shall be audited by the Commission on
Majority Leader – Neptali Gonzales II audit which shall publish annually an itemized
Minority Leader – Ronaldo Zamora list of amounts paid to and expenses incurred
for each Members.
OFFICERS IN THE SENATE
Senate President – Franklin Drilon Section 21: The Senate or the House of
Senate President Pro-Tempore – Ralph Recto Representatives or any of its respective
Majority Leader – Alan Peter Cayetano committees may conduct inquiries in aid of
Minority Leader – Juan Ponce Enrile legislation in accordance with its duly published
rules of procedure. The rights of persons
Quorum – a number of memberships of an appearing in or affected by such inquiries shall
assembly or collective body as is competent to be respected.
transact a business. Also mean one half plus
one. Section 22: The heads of departments may upon
their own initiative, with the consent of the
Section 17: The Senate and the House of President, or upon the request of either House,
Representatives shall each have an Electoral as the rule3s of each house shall provide,
Tribunal which shall be the sole judge of all appear before and be heard by such House on
contests relating to the election, returns, and any matter pertaining to their departments.
qualifications of their respective Members. Each Written questions shall be submitted to the
Electoral Tribunal shall be composed of nine (9) President of the Senate or the Speaker of the
Members, three of whom shall be Justices of the House of Representatives at least three (3) days
Supreme Court to be designated by the Chief before their scheduled appearance.
Justice, and the remaining six shall be Members Interpellations shall not be limited to written
of the Senate or the House of Representatives, questions, but may cover matters related
as the case may be, who shall be chosen on
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thereto. When the security of the State or the (2) No provision or enactment shall be
public interest so requires and the President so embraced in the general appropriations bill
states in writing, the appearance shall be unless it relates specifically to some particular
conducted in the executive session. appropriation therein. Any such provision or
enactment shall be limited in its operation to the
Interpellation- the right of parliaments to submit appropriation to which it relates.
question to the governments. (3) The procedure in approving appropriations
for the Congress shall strictly follow the
Section 23(1): The Congress, by a vote of two- procedure for approving appropriations for
thirds of both Houses in joint session assembled, other departments and agencies.
voting separately, shall have the sole power to (4) A special appropriations bill shall specify the
declare the existence of a state of war. purpose for which it is intended, and shall be
(2): In times of war or4 other national supported by funds actually available as
emergency, the Congress may, by law, certified by the National Treasurer, or to be
authorize the President, for a limited period and raised by a corresponding revenue proposal
subject to such restrictions as it may prescribe, therein.
to exercise powers necessary and proper to (5) No law shall be passed authorizing any
carry out a declared national policy. Unless transfer of appropriations; however, the
sooner withdrawn by resolution of the Congress, President, the President of the Senate, the
such powers shall cease upon the next Speaker of the House of Representatives, the
adjournment thereof. Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by
Appropriation- an act of legislature authorizing law, be authorized to augment any item in the
money to be paid from the treasury for a general appropriations law for their respective
special use. A budgetary allocation offices from savings in other items of their
respective appropriations.
Section 24: All appropriation, revenue or tariff (6) Discretionary funds appropriated for
bills, bills authorizing increase of the public particular officials shall be disbursed only for
debt, bills of local application, and private bills public purposes to be supported my
shall originate exclusively in the House of appropriate vouchers and subject to such
Representatives, but the Senate may propose or guidelines as may be prescribed by law.
concur with amendments. (7) If, by the end of any fiscal year, the
Congress shall have failed to pass the general
KINDS OF APPROPRIATION appropriations bill for the ensuing fiscal year,
1. Annual or general appropriations – They set the general appropriations law for the
aside the annual expenses for the general preceding fiscal year shall be deemed re-
operation of the government. The general enacted and shall remain in force and affect
appropriations bill is more popularly known until the general appropriations bill is passed by
as budget; the Congress.
2. Special or supplemental appropriations –
They include all appropriations not Section 26(1): Every bill passed by the Congress
contained in the budget. They are designed shall embrace only one subject which shall be
to supplement the general appropriations; expressed in the title thereof.
3. Specific appropriations - One which set (2) No bill passed by either the House shall
aside a named sum of money for the become a law unless it has passed three
payment of a particular expense; and readings on separate days, and printed copies
4. Continuing appropriations – one of which thereof in its final form have been distributed to
provides a definite sum to be always its Members three days before its passage,
available from year to year, without the except the President certifies to the necessity of
necessity of further legislative actions, for the its immediate enactment to meet a public
purpose appropriated even after the calamity or emergency. Upon the last reading
original amount shall have been fully spent. of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken
Section 25(1): The Congress may not increase immediately thereafter, and the yeas and nays
the appropriations recommended by the entered in the Journal.
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.
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Section 27(1): Every bill passed by the Congress (3) All money collected on any tax levied for a
shall, before it becomes a law, be presented to special purpose shall be treated as a special
the President. If he approves the same, he shall fund and paid out for such purpose only. If the
sign it; otherwise, he shall veto it and return the purpose for which a special fund was created
same with his objections to the House where it has been fulfilled or abandoned, the balance, if
originated, which shall enter the objections at any, shall be transferred to the general funds of
large in its Journal and proceed to reconsider it. the Government.
If, after such reconsideration, two-thirds of all
the Members of such House shall agree to pass ALLOWED USE OF PUBLIC MONEY OR PROPERTY
the bill, it shall be sent, together with the FOR RELIGIOUS PURPOSE
objections, to the other House by which it shall 1. Payment given as compensation – Where
likewise be reconsidered, and if approved by the use of public money is not for the
two-thirds of all Members of that House, it shall benefit of the priest, etc. as such but is in the
become a law. In all such cases, the votes of nature of compensation to the priest, etc.,
each House shall be determined by yeas and who is assigned to the armed forces, or to
nays, and the names of the Members voting for any penal institution, or government
or against shall be entered in its Journal. The orphanage or leprosarium. (sec. 29[2])
President shall communicate his veto of any bill 2. Religious use incidental – Where the use of
to the House where it originated within 30 days public property for religious purposes is
after the date of receipt thereof; otherwise, it incidental and temporary, and is
shall become a law as if he had signed it. compatible with the use to which the other
(2) The President shall have the power to veto members of the community are entitled.
any particular items in an appropriation, 3. Use, public in nature – for example funds are
revenue, or tariff bills, but the veto shall not used for postage stamps.
affect the items to which he does not object. 4. Payment based on contract – For example
pens are paid for portion of a charge or
Section 28(1): The rule of taxation shall be inform other building belonging a sectarian
and equitable. The Congress shall involve a institution leased by government school.
progressive system of taxation. 5. Consideration received – For example, free
(2) The Congress may, by law, authorize the supply of water is given by municipality to a
President to fix within specified limits, and religious organization not on account of any
subject to such limitations and restrictions as it religious consideration but an exchange for
may impose, tariff rates, import and export a donation of property.
quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the Section 30: No Law shall be passed increasing
national development program of the the appellate jurisdiction of the Supreme Court
Government. as provided in this Constitution without its advice
(3) Charitable institutions, churches, and and concurrence.
personage or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, Section 31: No law granting a title of royalty or
buildings, and improvements, actually, directly, nobility shall be enacted.
and exclusively used for religious, charitable, or
educational purposes shall be exempt from Section 32: The Congress shall, as early as
taxation. possible, provide a system of initiative and
(4) No law granting any tax exemption shall be referendum, and the exceptions therefrom,
passed without the concurrence of a majority of whereby the people can directly propose and
all the members of the Congress. enact laws and approve or reject any act and
law or part thereof passed by the Congress or
Section 29(1): No money shall be paid out5 of local legislative body after the registration of
the Treasury except in pursuance of an any petition therefor signed by at least ten per
appropriation made by law. centum of the total number of registered voters,
(2) No public money or property shall be of which every legislative district must be
appropriated, applied, paid or employed, represented by at least three per centum of the
directly or indirectly, for the use, benefit, or registered voters thereof.
support of any sect, church, denomination,
sectarian institution, or system of religion, or of Initiative – the reserve power of the people to
any priest, preacher, minister, or other religious directly propose and enact laws at polls called
teacher, or dignitary as such, except when such for the purpose independently of Congress or of
priest, preacher, minister, or dignitary is a local legislative body.
assigned to the armed forces, or to any penal
institution, or government orphanage or
leprosarium.
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Referendum – Process by which any act or law Supreme Court Sitting En Banc – be the sole
or part thereof passed by the Congress or by a judge of all contests relating to the election,
local legislative body is submitted to the people returns, and qualifications of the President and
for their approval or disapproval. the V.President.

Php. 90,000-97,163  salary of Senators and 6 years – total years for the term of the President
Congressmen and the V.President
Php. 103,000-111,198  salary of Senate President – no re-election
President and the Speaker of the House of V. President – 2 consecutive terms
Representatives
Term of office – refers to the period, duration or
Rider – a provision or enactment inserted in the length of time during which an officer may
general appropriations bill which does not claim to hold the office as of right.
relate to some particular appropriation therein.
A provision for instance in the general Tenure of Office – (actual incumbency), which
appropriations law prohibiting government represents the period during the incumbent
offices and employees to do private work or actually holds the office.
refusing to the calling to active duty and the
reversion to inactive status of reserve officers is a REASONS FOR PROHIBITION AGAINST RE-
rider as it has no direct connection with any ELECTION OF PRESIDENT
definite item of appropriate in the law. Such 1. A president seeking second term is
provision shall be no effect. In legal vulnerable to constant political pressure
contemplation it is as though it has never been from those whose support he must preserve
passed. and has to devote his time and energy to
consolidate this political support.
Constitutional limitation as to the number of 2. A President who seeks a second term is
member of house of representative – 250; under a terrific handicap in the
Actual Representatives – 287 performance of his functions.
District Representatives – 233 + 54 (party-list) 3. A President seeking re-election will even use
=Total: 287 public funds for the purpose even to the
extent of making the government bankrupt
because no incumbent President would like
Article VII – Executive Department to go down from power as a leader
repudiated by his people.
President – referred to as Chief Executive 4. The prohibition also widens the base of
leadership.
Executive Power – power to administer the laws, 5. The ban will also put an end or at least
which means carrying them into practical hamper the establishment of political
operations and observing their due observance. dynasties.
6. The six-year term will give the President a
BASIC OR MINIMUM QUALIFICATIONS OF THE reasonable time within which to implement
PRESIDENT his plans and programs of government.
- He is a natural born citizen of the Philippines. 7. Criticism within 6 years term without re-
- He is a registered voter. election that six are too long for bad
- He is able to read and write. President and too short for good one.
- He is at least forty (40) years of age on the
days of election for President. Plurality Rule Sanctioned – Constitution does not
- He is a resident of the Philippines for at least prescribe any minimum number of votes to be
ten years immediately preceding such cast in a President election or any majority vote
election. needed for the proclamation of the winner for it
merely provides that the candidate having the
Vice President – shall have the same highest number of votes shall be proclaimed as
qualifications and term of office as the President.
President.
*may be removed from office by Candidate to be proclaimed – person having
impeachment the highest number of votes shall be
proclaimed elected.
At noon the 30th day of June – begins the term
of the elected President and Vice President. En Banc – as one body

2nd Monday of May – regular election for

President and Vice President provided by law.
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Oath – is an outward pledge made under an Power of Appointment – intrinsically an

immediate sense of responsibility to God. executive prerogative.

Malacañan Palace – official residence of the Section 16 – Power of the President to appoint
President of the Philippines. high officers of the Government is shared by the
commission on the appointment’s power to
Emolument – per Diems, allowances and other ratify or reset.
remuneration.
Official whom the President can appoint
Veto- Latin word which means I forbid 1. The heads of Executive Departments,
ambassadors, and other public ministers
Php. 120,000  monthly salary of the President and consuls.
Php. 103,000-111,198  Monthly salary of the V. 2. The officers of the Armed Forces of the
President Philippines from the rank of colonel or naval
captain.
When V. President Shall Act as President 3. Other officers whose appointments are
1. If the President-elect fails to quality vested in the President of the Commission.
2. If a President shall not have been chosen 4. All other officers of the Government whose
3. In case of temporary inability or incapacity appointments are not otherwise provided
of the President to discharge his powers and by law, and they refer to officers to be
duties appointed to lower offices created by
Congress where the latter omits to provide
Presidential Succession for appointments to said offices or provides
1. Vice President in an unconstitutional way of such
2. Senate President appointments.
3. House Speaker 5. Those whom he may be authorize by law to
4. Any member of the Congress elected appoint such as the heads of government-
owned or controlled corporation,
Determining the existence and termination of department undersecretaries, heads of
Presidential Incapacity bureaus and offices, and other officials.
1. Declaration by the President
2. Declaration by the members of the Cabinet Kinds of Presidential Appointments
3. Decision by Congress in case of dispute a. Regular Appointments – Made during the
sessions of Congress.
Presidential Prohibition during his Tenure b. Ad interim Appointments - made during a
1. They shall not hold, unless otherwise recess of Congress.
provided in the Constitution, any other
office or employment. Three Stages of Regular Appointments
2. They shall not practice any other profession. 1. Nomination by the President
3. They shall not participate, directly or 2. Consent by the Commission of
indirectly in any business. Appointments
4. They shall not be financially interested 3. Appointment by the President
directly or indirectly, in any contact with, or
in any franchise or special privilege granted Compulsory – Recess that takes place when
by the Government or any subdivision Congress adjourns.
agency or instrumentality thereof including
any government-owned or controlled Voluntary – Recess that takes place before the
corporation or their subsidiaries. adjournment of Congress like Christmas recess.
5. They shall strictly avoid conflict of the
interest (between personal or family interest Kinds of Appointments in the career services
and public interest) in the conduct of their A. Permanent – one which is issued to a person
office. who meets all the requirements for the
position to which he is appointed. It last until
Midnight Appointments – last minute it is lawfully terminated. The holder of such
appointment to favoured party men or appointment cannot be remove except
recommenders of political support. only for cause.

Appointments – act of designation by the

executive officer, board or body to whom the
power has been delegated.
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B. Temporary or Acting – one which is issued to Primary function of the President – enforce the laws
a person who meets all the requirements to (section 1)
the position to which he is being appointed
except the appropriate civil service Section 18
eligibility. It shall not exceed 12 months, but Military power of the President
the appointee may be replaced sooner if a
qualified civil service eligible becomes Powers to meet emergency situations – It mentions
available. The holder of such appointment 3 extraordinary remedies and measures which the
may be removed only time when without a President is empowered to utilize in meeting
hearing or cause. emergency situations;
- To call out the Armed Forces
Steps in the Appointing Process - To suspend the privilege of Writ of Habeas
1. Appointment – it is the act of the appointing Corpus
power. It may include the issuance by the - To declare Martial Law
President of the commission, which is the
written evidence of the appointments. Meaning of Martial law
2. Acceptance – it is the act of the appointee. 1. In its comprehensive sense it includes all
He may or may not accept the laws that that have reference to and are
appointment. Bur acceptance thereof is administered by the military forces of the
necessary to enable him to have full State. They include:
possession, enjoyment and responsibility of a. The military law proper, that is, the laws
an office. It is not, however, necessary to the enacted by the law-making body for the
legality of the appointment. Government of the Armed Forces; and
b. The rules governing the conduct of military
Kinds of Acceptance forces in times of war and in places under
(1) Express – when done verbally or in writing military occupation.
(2) Implied – when, without formal 2. In its strict sense, it is the law which has
acceptance, the appointee enters upon application when the military arm does not
the exercise of the duties and functions of supersede civil authority but is called upon
an office. to aid in the execution of its vital functions.
The Constitution refers to this meaning.
Designation – Simply the mere position of new or
additional duties upon an officer already in the Basis, object and Duration of Martial Law
government service (or any other competent 1. Basis – the right to declare, apply and
person) to temporarily perform the functions of exercise martial law is one of the rights of
an office in the executive branch when the sovereignty. It is as essential to the existence
officer regularly appointed to the office is of a nation as the right to declare and carry
unable to perform his duties or there exists a on war. The power is founded on necessity
vacancy. and is inherent in every Government.
2. Object – the subject of martial law is the
Removal – The ouster of an incumbent before preservation of the public safety and good
the expiration of his term of office. order. Unless the right and power exist,
peace, good order, security-government
Nature and extent of the Power to Control itself may be destroyed and obliterated…
(1) Over cabinet members – The power to when the domination of the lawless
control of the President is in line with the elements becomes so powerful that it
concept of the Cabinet members serving as cannot be stopped by the civil authorities.
alter egos (Lat., another one) of the 3. Duration – being founded on necessity, the
President. It implies that he may alter or exercise of the power may not extend
modify or set aside what a subordinate beyond what is required by the exigency
officer had done in the performance of his which is calls forth. Section 18(part 1) Sets a
duties, and to substitute his judgement for time limit for the duration of the State of the
that of the latter, act directly on any specific Martial Law and the suspension of the
function entrusted to the offices concerned, privilege of the writ of habeas corpus.
direct the performance of a duty, restrain
the commission of acts, determine priorities Effects of a State of Martial Law
in the execution of plans and programs and 1. Operation of the Constitution – There is no
prescribe standards, guidelines, plans and suspension on the operation of the
programs. Constitution.
 9

2. Functions of civil courts and legislative 2. Conditional – when it is given subject to any
assemblies – Martial Law is declared merely condition or qualification the President may see fit.
to assist the civil government, not to It must be accepted by the offender to become
supplant it. effective.
3. Jurisdiction of military courts and agencies –
when martial law is declared, civil authorities
is not superseded by military authorities. Nor Limitation upon the Pardoning Power
the civil laws suspended. 1. It may not exercise for offenses in
4. Privilege of the writ of habeas corpus – it impeachment cases.
does not automatically suspend the 2. It may be exercised only after conviction by
privilege of writ of habeas corpus. The final judgement.
privilege continues to be available to 3. It may not be exercise over civil contempt.
persons under detention until suspended by 4. In case of violation of election law or rules
the President, subject to the restrictions and regulations, no pardon, parole, or
imposed. suspension of sentence may be granted
without the recommendation of the
Section 19: Except in cases of impeachment, or Commission on Election.
as otherwise provided in this Constitution, the
President may grant reprieves, commutations, EFFECTS OF PARDON
and pardons, and remit fines and forfeitures, 1. It removes penalties and disabilities and
after conviction by final judgement. restores him to full civil and political rights.
He shall also have the power to grant 2. It does not discharge the civil liability of the
amnesty with the concurrence of a majority of convict to the individual he has wronged as
all the Members of the Congress. the President has no power to pardon a
private wrong
Pardoning power 3. It does not restore offices, property, or rights
- The power to grant pardon and other acts vested in others in consequences of the
of clemency to violator of law is traditionally conviction. Under our law, a pardon shall
vested in the Chief Executive of the nation. not work the restoration of the right to hold
The Constitution gives this power to the public offices or the right of suffrage unless
President in the above provision. This power such right is expressly restored by the terms
cannot be taken away from him nor can of the pardon.
the exercise thereof be subject to limitations
or conditions beyond those provided by the Remission – prevents the collection of fines or the
Constitution. Neither may the courts inquire confiscation of forfeited property. The power of the
into the wisdom or reasonableness of any President is limited to fines or forfeitures as have not
pardon granted by the President. been vested in 3rd parties, or paid into the treasury
The Pardoning power extends to all offenses, of the Government, as funds paid out of the
including criminal contempt. It does not give treasury without the authority of the Congress.
the President the power to exempt, except from
punishment, anyone form the law. Amnesty – an act of the sovereign power granting
oblivion or a general pardon for a past offense
Reprieve – the postponement of the execution of usually granted in favour of certain classes of
the death sentence to a certain date. It is different persons who have committed crimes of a political
from suspension of sentence which is the character such as treason, sedition or rebellion.
postponement of a sentence for an indefinite time.
Effects of amnesty
Commutation – the reduction of the sentence - Amnesty abolishes and puts into oblivion the
imposed to a lesser punishment, as from death to offenses of which one is charged, so that
life imprisonment. It may be granted without the the person released by amnesty stands
acceptance and even against the will of the before the law precisely as though he had
convict. committed no offense.

Pardon – an act of grace proceeding from the PARDON AND AMNESTY DISTINGUISH
power entrusted with the execution of the laws
(President) which exempts the individual on whom it PARDON AMNESTY
is bestowed, from the punishment the law inflicts for - granted by the - granted with the
a crime he has committed. President alone after concurrence of
conviction. Congress before and
KINDS OF PARDON after conviction.
1. Absolute – When it is not subject to any - is an act of - is an act of
condition or whatsoever. It becomes forgiveness. forgetfulness.
affective when made. - granted for infractions - granted for crimes
of the peace of the against the sovereignty
State. of the State.
 10

STEPS IN TREATY-MAKING
- A private act of the - By proclamation of Negotiation  in the field of initiation and
President which must the President with the negotiation, the President alone has a role
be pleaded and concurrence of authority. The reason is that secrecy, dispatch,
proved by the person Congress is a public caution, continuity and access to information are
who claims to have act of which the courts essential ingredients in this task which the president
been pardoned, will take judicial notice. alone possesses. Confidential information is passed
because the courts and premature disclosures may not only cause
take no judicial notice serious embarrassment of the negotiations.
thereof. Approval or Ratification  As a general rule, no
treaty or international agreement shall be valid
Section 20: The President may contract or effective unless concurred in by at least 2/3 of all
guarantee foreign loans on behalf of the Republic the Members of the Senate.
of the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as Section 22: The President shall submit to the
may be provided by law. The Monetary Board shall, Congress within thirty days from the opening of
within thirty (30) days from the end of every quarter every regular session, as the basis of the general
of the calendar year, submit to the Congress a appropriation bill, a budget of expenditures and
complete report of each decisions of applications sources of financing, including receipts from
for loans to be contracted or guaranteed by the existing and proposed revenue measures.
Government or government-owned and –controlled
corporations which would have the effect if Section 23: The President shall address the Congress
increasing the foreign debt, and containing other at the opening of its regular session. He may also
matters as may be provided by law. appear before it at any other time. (State of the
Nation Address)
Authority to Contract and Guarantee Foreign Loans
1. Exclusive Executive Function – The President may Article VIII – Judiciary
be contract foreign loans on behalf of the Republic
of the Philippines without the need of prior Jurisdiction power – the power and duty of the
congressional approval. courts of justice prescribed the laws to contests or
2. Concurrence of Monetary Board required – The disputes concerning legally recognized rights or
Contract of guarantee must be with the prior duties between the states and private persons or
congruence of the Monetary Board of the Central individuals litigants in cases properly brought before
Bank now, Bangko Sentral ng Pilipinas (BSP), which is the judicial tribunals.
required to make a report to Congress containing
the matters mentioned. SCOPE OF THE JUDICIAL POWER
3. Checks by Congress – The reasons for not 1. Adjudicatory power – To settle actual
requiring congressional approval for foreign loans controversies involving rights which are
are: legally demandable and enforceable.
a. The loans urgently needed by the country may To determine whether there has been a grave
no longer be available when concurrence which abuse of discretion amounting to lack or excess of
usually obtained. jurisdiction on any branch or any instrumentality of
b. An obstructionist Congress could withhold the Government.
approval for political reasons. Power of Judicial Review
a. To pass upon the validity or constitutionally
Section 23: No treaty or international agreement of the laws of state and the act of the
shall be valid and effective unless concurred in by government.
at least two-third of all the Members of the b. To interpret them.
Congress. c. To render binding judgement
2. Incidental power – necessary of the
Treaty – A compact made between two or more affective discharge of the judicial function
states, including international organization of states, such as the power to punish person adjudge
intended to create binding rights and obligations in contempt.
upon the parties thereto. Thus, treaty may be 3. Giving of Advisory opinions not a judicial
bilateral or multilateral. It is also known as a pact, function – a function of executive official.
convention, or character. - Doctrine of separation of powers
- Tendency of many actual cases.
 11

Organization of the Court d. Members of the Supreme Court and judges

Regular court – judicial system consisting of of lower Courts enjoy security tenure.
hierarchy of courts resembling a pyramid with the e. Salaries cannot be decreased during
Supreme Court as the apex. continuance of the office.
f. Members of Supreme Court can only be
COURTD ACCORDING TO THE JUDICIARY removed through difficult process of
REORGANIZATION ACT OF 1980 ARE: impeachment
a. Court of Appeals – With 64 justices 2. Other Constitutional Provisions
preceding justice which operates in 23
divisions each comprising 3 members. Jurisdiction of Courts
b. Regional Trial Court – Presided by 720 Jurisdiction – The Power and authority of the court
regional trial judges in each of the 13 to hear try and decide a case.
regions of the country. 1. General – when it is empowered to decide
c. Metropolitan Trial Court – in each all disputes which may came before it
metropolitan area established by law, except those assigned to outer courts (e.g.
municipalities not comprise within Jurisdiction of RTC)
metropolitan area municipalities (not 2. Limited – when it has authority to hear and
comprised within) circuit and a municipal determine only a few specified cases. (e.g.
circuit trial court in each defined as a Jurisdiction of Special Courts)
municipal circuit comprising one or more 3. Original – When it can try and decide a
cities and/or one or more municipalities case presented for the first time. It may
grouped together. exclusive of concurrent.
4. Appellate – When it can take already heard
Special Court and decided by a lower court removed
a. Sandiganbayan (with 14 justices and a from the latter by appeal.
Presiding Justice) which operates in 5 5. Exclusive – when it can try and decide a
division each comprising 3 members was case which cannot be presented before
created by the P.D. no. 1606 pursuant to the any other court
mandate of the 1973 Constitution. 6. Concurrent – when any one of two or more
b. Court of Appeals (with 9 justices and a courts may take cognizance of a case
Presiding Justices) which operates under 7. Criminal – that which exists for the
R.A. no. 1125 as amended by R.A. no. 9282 punishment of crime
8. Civil – that which exists when the subject
Quasi Judicial Agencies matter is not of a criminal nature (e.g.
They are the agency whose of executive collection of debt)
character. The authority for the ordering of courts
martial pertains to the President as the Fiscal Autonomy of the Supreme Court
Commander-in-chief of the Armed Forces of the 1. Appropriations for judiciary not subject to
Philippines independently of the legislation to aid reduction.
him in properly commanding the Armed Forces and 2. Appropriations to be automatically and
enforcing discipline. regularly released.

Importance of the Judiciary Composition of the Supreme Court

1. Confidence in the certain and even 15 members including the Chief Justice
administration of justice (Lord Bryce) under the 1973 Charter to cope with the basis of 15
2. Preservation of the Government (Chancellor members the continuing increase in the number of
James Kent) cases brought about by the growing population.
3. Respect of law and order (Mr. Justice Arthur The Constitution requires any vacancy to be
Vanderbilt) filled within 90 days from the concurrence thereof.

Independence of the Judiciary Sitting procedure of the Supreme Court

1. Main Constitutional provisions safeguarding 1. En banc or in divisions – The Supreme Court may
judicial independence. sit and hear cases as an en banc (with all the
a. Congress may not deprive the Supreme judges present) or in divisions of 3, 5, or 7 members.
Court of constitutional power granted. It is now the Supreme Court that decides whether
b. Congress cannot prescribed the manner in or not it will sit in the divisions.
which the Supreme Court should sit and 2. Number of divisions – on the basis of 15 members,
determine the number of justice composing the number of divisions will be 5, composed of three
the court. members each; three composed of 5 members
c. Supreme Court is given the authority to each, meeting separately. In cases of two divisions
appoint all officials and employees of the
judiciary
 12

there will be members including the Chief Justice in

one division and seven in the other. The different
sizes of the division would indicate the relative b. Prohibition – a writ of which the superior
importance of cases being heard. court commands a lower or a
3. Decision of Division - by sitting in divisions the corporation, board or person acting
Supreme Court increases its capacity to dispose of without or excess of its or his jurisdiction,
case pending before it. or with grave abuse of discretion, to
desist from further proceedings in an
Executive Agreement action or matter. It will lie only when no
- It is the agreement entered into by the appeal or any other remedy is available
President on behalf of the Philippines with to aggrieved party. A remedy
the Government of another country and is prohibiting the doing of an act.
affective and binding upon the Philippines c. Mandamus – an ordered issued by a
even without the concurrences of Congress. superior court commanding a lower
The line between such agreement and a court or a corporation, board or person
treaty is not easily defined although it may be to perform a certain which it is its duty to
generally and said that the former deals usually in do. An affirmative action ordering
routine matters not through to require formality of a certain act to be done.
treaty. d. Quo Warranto – an action by the
Government to recover an officer or
CLASSES OF EXECUTIVE AGREEMENT franchise.
1. Those made purely as executive acts.
2. Those entered into in pursuance of acts of 3. The Supreme Court exercises original and
Congress. exclusive jurisdiction over all contest relating
to the election, returns and qualifications of
Judicial Review the President and the Vice President.
The power of Courts ultimately of the
Supreme Court, to interpret the Constitution and to Rules making Power of the Supreme Court
declare any legislative or executive act invalid 1. Protection and enforcement of
because it is conflict with the fundamental law. Constitutional Rights - The Constitution
accords great importance to the full
Justifiable and Political Question enjoyment by the people of their
1. Justifiable question affect personal or constitutional rights that even the Supreme
property rights accorded to every member Court is enjoined to promulgate rules of
of the community in cases properly brought procedures concerning their protection and
before Judicial Tribunals. enforcement in cases pending before the
2. Political question is to be decided by the Court.
people in their sovereign capacity or in 2. Pleading – It is an act of presenting one’s
regard to which full discretionary authority claim, answer or arguments is defence or
has been delegated to the legislative or prosecution of the other.
executive branch of the Government. 3. Practice of law – As generally understood it
is the doing or performing of services in the
Original Jurisdiction of the Supreme Court over court of justice in any matters therein.
cases affecting ambassadors 4. Procedure – it refers to the method to which
1. Diplomatic Agents of foreign country substantive right may be enforce in courts of
2. Privilege and Immunities justice.
Original Jurisdiction of Supreme Court over Petition 5. Admission to the practice of the law or to
1. The Supreme Court exercises original the Bar – A person is said to be admitted to
jurisdiction over the petitions for the issuance the bar when he is authorized by the
of writ of certiorari, prohibited and Supreme Court to practice law of the
mandamus quo warranto, and habeas Philippines.
corpus. 6. Integrated Bar – it means the officials
2. It has the original and exclusive jurisdiction national unification of the entire lawyer
over petitions for the issuance of writ of population of the Philippines in a single
certiorari, prohibited and mandamus organization. This requires membership and
against the Court of appeals. financial support of every attorney as
a. Certiorari – a writ issued from a superior condition.
court requiring a lower court or a board, a. The general purpose of the Bar
or officers exercising judicial functions to - To elevate the standards of legal profession
transmit the records of a case to the - To improve administration of justice
superior court for the purpose of review. - To enable the bar to discharge its public
responsibility more effectively
 13

7. Legal assistance to underprivileged – Poor Qualifications of the judges in the lower Courts
and ununiformed litigants are entitled to
legal assistance from the Government in 1. CONTITUTIONAL
depending of enforcing their rights to a. He must be a citizen.
address the imbalance between the parties b. He must be a natural born.
in civil and in criminal cases. c. He must be a member of the Philippine Bar
(Duly inscribed in the roll of attorneys of the
Substantive and Procedural Law/Rights Distinguish Supreme Court)
1. Substantive law – creates, defines and d. He must be a person who proven
regulate rights concerning life, liberty and competence, integrity, probity and
property of the power agencies or independence.
instrumentalities for the administration of
Public Affairs 2. STATUARY
2. Procedural Law – is the part of which a. Congress is given the authority to prescribed
prescribes the method of enforcing rights or additional qualifications for judges of the
obtaining redress for their violation. lower courts.
3. Substantive rights – rights which substantive b. Provided for under a law passed by defunct
law declare or rights concerning life, liberty Batasang Pambansa.
and property.
4. Procedural rights – the remedies or means Characteristics of the Appointed Judiciary
by which an aggrieved party, whose 1. Competence
(substantive) rights have been produced 2. Integrity
may bring his case to trait, trial and 3. Probity
judgement. 4. Independence

Appointments of Officials and Employees. Salary to Chief Justice of Supreme Court –

The Supreme Court has the power to appoint all Php. 240,000
officials and employees of the judiciary in Associate Justice – Php. 204,000
accordance with the civil service law.
Ma. Lourdes Sereno – Chief justice of Supreme
QUALIFICATIONS OF COURTS Court
Supreme Court
1. He must be a natural born citizen of the ANDRES B. REYES, JR – Presiding Justice Court of
Philippines. Appeals
2. He must be at least 40 years of age
3. He must be 15 years or more, been a judge AMPARO CABOTAJE-TANG – Presiding Justice of
of a lower court or engaged in the practice Sandiganbayan
of law in the Philippines.
4. He must me a person of proven ROMAN G. DEL ROSARIO – Presiding Justice Court of
competence, integrity, and independence. Tax Appeals

Lower Collegiate Courts

1. Composed of more than one judge
2. Shall be prescribed by Congress provided in
Section 7 as in the case of judges of lower
courts.
3. Must be natural born citizen of the
Philippines.
Authority of Congress to alter qualification of certain
Constitutional officers
1. Congress is not empowered to increase and
decrease the justice of the Supreme Court
as laid down by the Constitution.
2. Constitution provisions providing for the
qualification of the Members of the
Congress, the President and the members of
the Constitutional Commission, the
ombudsman and his deputies.