1. Sec 4, Art.

VI [6], LEGISLATIVE DEPARTMENT (3) Assign temporarily judges of lower courts to other stations
 Term of office of Senators or public interest may require. Such temporary assignment
- Scheduling of elections shall not exceed six months without the consent of the judge
- Term length of second chamber concerned.
- Term limits of second chamber
(4) Order a change of venue or place of trial to avoid a
The term of office of the Senators shall be six years and shall miscarriage of justice.
commence, unless otherwise provided by law, at noon on the
(5) Promulgate rules concerning the protection and
thirteenth day of June next following their election.
enforcement of constitutional rights, pleading, practice, and
No Senator shall serve for more than two consecutive terms. procedure in all courts, the admission to the practice of law, the
Voluntary renunciation of the office for any length of time shall Integrated Bar, and legal assistance to the underprivileged
not be considered as an interruption in the continuity of his Such rules shall provide a simplified and inexpensive
service for the full term for which he was elected. procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish,
2. Sec 29 (2), Art. VI [6], LEGISLATIVE DEPARTMENT increase, or modify substantive rights. Rules of procedure of
 Public money appropriated to support any sect special courts and quasi-judicial bodies shall remain effective
church denomination unless disapproved by the Supreme Court.

(1) No money shall be paid out of the Treasury except in (6) Appoint all officials and employees of the Judiciary in
pursuance of an appropriation made by law. accordance with the
Civil Service Law.
(2) No public money or property shall be appropriated, applied,
paid, or employed, directly or indirectly, for the use, benefit, or 4. Sec 7, Art. VII [7], EXECUTIVE DEPARTMENT
support of any sect, church, denomination, sectarian institution,  Canvassing where no president or Vice-president
or system of religion, or of any priest, preacher, minister, or shall not be chosen to qualify.
other religious teacher, or dignitary as such, except when such
priest, preacher, minister, or dignitary is assigned to the armed The President-elect and the Vice-President-elect shall assume
forces, or to any penal institution, or government orphanage or office at the beginning of their terms.
leprosarium.
If the President-elect fails to qualify, the Vice-President-elect
(3) All money collected on any tax levied for a special purpose shall act as President until the President-elect shall have
shall be treated as a special fund and paid out for such qualified.
purpose only. If the purpose for which a special fund was
If a President shall not have been chosen, the Vice-President-
created has been fulfilled or abandoned, the balance, if any,
elect shall act as President until a President shall have been
shall be transferred to the general funds of the Government.
chosen and qualified.
3. Sec 5 (2), Art. VIII [8], JUDICIAL DEPARTMENT If at the beginning of the term of the President, the President-
 Law on appellate jurisdiction of the Supreme Court elect shall have died or shall have become permanently
- Right to appeal judicial decisions disabled, the Vice-President-elect shall become President.
- Judicial precedence
- Legal status of treaties Where no President and Vice-President shall have been
chosen or shall have qualified, or where both shall have died or
The Supreme Court shall have the following powers: become permanently disabled, the President of the Senate or,
in case of his inability, the Speaker of the House of
(1) Exercise original jurisdiction over cases affecting Representatives shall act as President until a President or a
ambassadors, other public ministers and consuls, and over Vice-President shall have been chosen and qualified.
petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus. The Congress shall, by law, provide for the manner in which
one who is to act as
(2) Review, revise, reverse, modify, or affirm on appeal or President shall be selected until a President or a Vice-
certiorari, as the law or the Rules of Court may provide, final President shall have qualified, in case of death, permanent
judgments and orders of lower courts in. disability, or inability of the officials mentioned in the next
a. All cases in which the constitutionality or validity of preceding paragraph
any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
b. All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.
c. All cases in which the jurisdiction of any lower court
is in issue.
d. All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
e. All cases in which only an error or question of law
is involved.
5. Sec 11, Art. VII [7], EXECUTIVE DEPARTMENT
Whenever the President transmits to the President of the 8. Sec 5 (4), Art. VIII [8], JUDICIAL DEPARTMENT
Senate and the Speaker of the House of Representatives his  Power of Supreme Court to change venue or place of
written declaration that he is unable to discharge the powers trial
and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be The Supreme Court shall have the following powers:
discharged by the Vice-President as Acting President.
(1) Exercise original jurisdiction over cases affecting
Whenever a majority of all the Members of the Cabinet ambassadors, other public ministers and consuls, and over
transmit to the President of the Senate and to the Speaker of petitions for certiorari, prohibition, mandamus, quo warranto,
the House of Representatives their written declaration that the and habeas corpus.
President is unable to discharge the powers and duties of his
office, the Vice-President shall immediately assume the (2) Review, revise, reverse, modify, or affirm on appeal or
powers and duties of the office as Acting President. certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in.
Thereafter, when the President transmits to the President of a. All cases in which the constitutionality or validity of
the Senate and to the any treaty, international or executive agreement, law,
Speaker of the House of Representatives his written presidential decree, proclamation, order, instruction,
declaration that no inability exists, he shall reassume the ordinance, or regulation is in question.
powers and duties of his office. Meanwhile, should a majority b. All cases involving the legality of any tax, impost,
of all the Members of the Cabinet transmit within five days to assessment, or toll, or any penalty imposed in relation
the President of the Senate and to the Speaker of the House of thereto.
Representatives their written declaration that the President is c. All cases in which the jurisdiction of any lower court
unable to discharge the powers and duties of his office, the is in issue.
Congress shall decide the issue. For that purpose, the d. All criminal cases in which the penalty imposed is
Congress shall convene, if it is not in session, within forty-eight reclusion perpetua or higher.
hours, in accordance with its rules and without need of call. e. All cases in which only an error or question of law
is involved.
If the Congress, within ten days after receipt of the written
declaration or, if not in session, within twelve days after it is (3) Assign temporarily judges of lower courts to other stations
required to assemble, determines by a two-thirds vote of both or public interest may require. Such temporary assignment
Houses, voting separately, that the President is unable to shall not exceed six months without the consent of the judge
discharge the powers and duties of his office, the Vice- concerned.
President shall act as President; otherwise, the President shall
continue exercising the powers and duties of his office. (4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
6. Sec 19, Art. VII [7], EXECUTIVE DEPARTMENT
- Head of state powers (5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and
- Power to pardon
procedure in all courts, the admission to the practice of law, the
Except in cases of impeachment, or as otherwise provided in Integrated Bar, and legal assistance to the underprivileged
this Constitution, the President may grant reprieves, Such rules shall provide a simplified and inexpensive
commutations, and pardons, and remit fines and forfeitures, procedure for the speedy disposition of cases, shall be uniform
after conviction by final judgement. for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of
He shall also have the power to grant amnesty with the special courts and quasi-judicial bodies shall remain effective
concurrence of a majority of all the Members of the Congress. unless disapproved by the Supreme Court.

7. Sec 19 (2), Art. VII [7], EXECUTIVE DEPARTMENT (6) Appoint all officials and employees of the Judiciary in
accordance with the
Except in cases of impeachment, or as otherwise provided in Civil Service Law.
this Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures, 9. Sec 6, Art. VIII [8], JUDICIAL DEPARTMENT
after conviction by final judgement.  Administrative supervision of the supreme courts
over all courts and personnel.
He shall also have the power to grant amnesty with the The Supreme Court shall have administrative supervision over
concurrence of a majority of all the Members of the Congress. all courts and the personnel thereof.
 years, the professor of law for three years, the retired Justice
10. Sec 5, Art. VIII [8], JUDICIAL DEPARTMENT for two years, and the representative of the private sector for
 Appointment of officials and employees of the one year.
judiciary
(3) The Clerk of the Supreme Court shall be the Secretary ex
The Supreme Court shall have the following powers: officio of the Council and shall keep a record of its
proceedings.
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over (4) The regular Members of the Council shall receive such
petitions for certiorari, prohibition, mandamus, quo warranto, emoluments as may be determined by the Supreme Court. The
and habeas corpus. Supreme Court shall provide in its annual budget the
appropriations for the Council.
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final (5) The Council shall have the principal function of
judgments and orders of lower courts in. recommending appointees to the Judiciary. It may exercise
a. All cases in which the constitutionality or validity of such other functions and duties as the Supreme Court may
any treaty, international or executive agreement, law, assign to it.
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question. 12. Sec 9 (2), Art. VIII [8], JUDICIAL DEPARTMENT
b. All cases involving the legality of any tax, impost,  Period within which the president may appoint
assessment, or toll, or any penalty imposed in relation judges in lower courts
thereto. - Supreme court selection
c. All cases in which the jurisdiction of any lower court - Ordinary court selection
is in issue.
d. All criminal cases in which the penalty imposed is The Members of the Supreme Court and judges of lower courts
reclusion perpetua or higher. shall be appointed by the President from a list of at least three
e. All cases in which only an error or question of law nominees prepared by the Judicial and Bar Council for every
is involved. vacancy. Such appointments need no confirmation.

(3) Assign temporarily judges of lower courts to other stations For the lower courts, the President shall issue the
or public interest may require. Such temporary assignment appointments within ninety days from the submission of the list.
shall not exceed six months without the consent of the judge
13. Sec 10, Art. VIII [8], JUDICIAL DEPARTMENT
concerned.
 Salary of the chief justice and associate justices of
(4) Order a change of venue or place of trial to avoid a the supreme court subject to increase / subject to
miscarriage of justice. decrease at the pleasure of the congress

(5) Promulgate rules concerning the protection and The salary of the Chief Justice and of the Associate Justices of
enforcement of constitutional rights, pleading, practice, and the Supreme Court, and of judges of lower courts shall be fixed
procedure in all courts, the admission to the practice of law, the by law. During their continuance in office, their salary shall not
Integrated Bar, and legal assistance to the underprivileged be decreased.
Such rules shall provide a simplified and inexpensive
14. Sec 12, Art. VIII [8], JUDICIAL DEPARTMENT
procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish,  Members of the Supreme Court and other courts,
increase, or modify substantive rights. Rules of procedure of prohibition for being appointed to other agencies
special courts and quasi-judicial bodies shall remain effective
The Members of the Supreme Court and of other courts
unless disapproved by the Supreme Court.
established by law shall not be designated to any agency
(6) Appoint all officials and employees of the Judiciary in performing quasi-judicial or administrative functions.
accordance with the Civil Service Law.
15. Sec 13, Art. VIII [8], JUDICIAL DEPARTMENT
11. Sec 8, Art. VIII [8], JUDICIAL DEPARTMENT  Conclusions of the Supreme Court submitted for
 JBC membership, distinguish ex-officio between decision
regular members
- Establishment of judicial council The conclusions of the Supreme Court in any case submitted
to it for decision en banc or in division shall be reached in
(1) A Judicial and Bar Council is hereby created under the consultation before the case is assigned to a Member for the
supervision of the Supreme Court composed of the Chief writing of the opinion of the Court. A certification to this effect
Justice as ex officio Chairman, the Secretary of Justice, and a signed by the Chief Justice shall be issued and a copy thereof
representative of the Congress as ex officio Members, a attached to the record of the case and served upon the parties.
representative of the Integrated Bar, a professor of law, a Any Member who took no part, or dissented, or abstained from
retired Member of the Supreme Court, and a representative of a decision or resolution must state the reason therefor. The
the private sector. same requirements shall be observed by all lower collegiate
courts.
(2) The regular members of the Council shall be appointed by
the President for a term of four years with the consent of the
Commission on Appointments. Of the Members first appointed,
the representative of the Integrated Bar shall serve for four
16. Sec 15 (1), Art. VIII [8], JUDICIAL DEPARTMENT 19. Sec 6, Art. IX-A [9], CONSTITUTIONAL PROVISIONS, A.
(1) All cases or matters filed after the effectivity of this COMMON PROVISIONS
Constitution must be decided or resolved within twenty-four  Rule-making powers
months from date of submission for the Supreme Court, and,
Each Commission en banc may promulgate its own rules
unless reduced by the Supreme Court, twelve months for all
concerning pleadings and practice before it or before any of its
lower collegiate courts, and three months for all other lower
offices. Such rules however shall not diminish, increase, or
courts.
modify substantive rights.
(2) A case or matter shall be deemed submitted for decision or
20. Sec 1, 2 (2) Art. IX-B [9], CONSTITUTIONAL
resolution upon the filing of the last pleading, brief, or
PROVISIONS, B. CIVIL SERVICE COMMISSION
memorandum required by the Rules of Court or by the court
itself.  Civil service composition and qualifications

(3) Upon the expiration of the corresponding period, a Sec 1

certification to this effect signed by the Chief Justice or the (1) The civil service shall be administered by the Civil Service
presiding judge shall forthwith be issued and a copy thereof Commission composed of a Chairman and two Commissioners
attached to the record of the case or matter, and served upon who shall be natural-born citizens of the Philippines and, at the
the parties. The certification shall state why a decision or time of their appointment, at least thirty-five years of age, with
resolution has not been rendered or issued within said period. proven capacity for public administration, and must not have
been candidates for any elective position in the elections
(4) Despite the expiration of the applicable mandatory period, immediately preceding their appointment.
the court, without prejudice to such responsibility as may have
been incurred in consequence thereof, shall decide or resolve (2) The Chairman and the Commissioners shall be appointed
the case or matter submitted thereto for determination, without by the President with the consent of the Commission on
further delay. Appointments for a term of seven years without reappointment.
Of those first appointed, the Chairman shall hold office for
17. Sec 15 (3), Art. VIII [8], JUDICIAL DEPARTMENT seven years, a Commissioner for five years, and another
(1) All cases or matters filed after the effectivity of this Commissioner for three years, without reappointment.
Constitution must be decided or resolved within twenty-four Appointment to any vacancy shall be only for the unexpired
months from date of submission for the Supreme Court, and, term of the predecessor. In no case shall any Member be
unless reduced by the Supreme Court, twelve months for all appointed or designated in a temporary or acting capacity.
lower collegiate courts, and three months for all other lower
courts. Sec 2
- Civil service recruitment
(2) A case or matter shall be deemed submitted for decision or
resolution upon the filing of the last pleading, brief, or (1) The civil service embraces all branches, subdivisions,
memorandum required by the Rules of Court or by the court instrumentalities, and agencies of the Government, including
itself. government-owned or controlled corporations with original
charters.
(3) Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or the (2) Appointments in the civil service shall be made only
presiding judge shall forthwith be issued and a copy thereof according to merit and fitness to be determined, as far as
attached to the record of the case or matter, and served upon practicable, and, except to positions which are policy
the parties. The certification shall state why a decision or determining primarily confidential, or highly technical, by
resolution has not been rendered or issued within said period. competitive examination.

(4) Despite the expiration of the applicable mandatory period, (3) No officer or employee in the civil service shall be removed
the court, without prejudice to such responsibility as may have or suspended except for cause provided by law.
been incurred in consequence thereof, shall decide or resolve (4) No officer or employee in the civil service shall engage,
the case or matter submitted thereto for determination, without
directly or indirectly, in any electioneering or partisan political
further delay. campaign.
18. Sec 4, Art. IX-A [9], CONSTITUTIONAL PROVISIONS, A.
(5) The right to self-organization shall not be denied to
COMMON PROVISIONS government employees.
 Common provisions of constitutional provisions on
the appointment of officials and employees. 21. Sec 2, Art. XI [11], ACCOUNTABILITY OF PUBLIC
If they should comply with the law or shall be exempted OFFICERS
 Removal of a public officer
The Constitutional Commissions shall appoint their officials - Head of state immunity
and employees in accordance with law.
The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from
office, on impeachment for, and conviction of, culpable number and location of polling places, appointment of election
violation of the Constitution, treason, bribery, graft and officials and inspectors, and registration of voters.
corruption, other high crimes, or betrayal of public trust. All (4) Deputize, with the concurrence of the President, law
other public officers and employees may be removed from enforcement agencies and instrumentalities of the
office as provided by law, but not by impeachment. Government, including the Armed Forces of the Philippines, for
the exclusive purpose of ensuring free, orderly, honest,
22. Sec 2, Art. IX-B, B. CIVIL SERVICE COMMISION / IX-C, peaceful, and credible elections.
C. COMMISSION OF ELECTIONS [9]
 Power of the Civil service commission v. power of (5) Register, after sufficient publication, political parties,
Commission of Elections organizations, or coalitions which, in addition to other
requirements, must present their platform or program of
B. CIVIL SERVICE COMMISION government; and accredit citizens' arms of the Commission on
- Civil service recruitment Elections. Religious denominations and sects shall not be
registered. Those which seek to achieve their goals through
(1) The civil service embraces all branches, subdivisions, violence or unlawful means, or refuse to uphold and adhere to
instrumentalities, and agencies of the Government, including this Constitution, or which are supported by any foreign
government-owned or controlled corporations with original government shall likewise be refused registration.
charters.

(2) Appointments in the civil service shall be made only Financial contributions from foreign governments and their
according to merit and fitness to be determined, as far as agencies to political parties, organizations, coalitions, or
practicable, and, except to positions which are policy candidates related to elections constitute interference in
determining primarily confidential, or highly technical, by national affairs and, when accepted, shall be an additional
competitive examination. ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be
(3) No officer or employee in the civil service shall be removed prescribed by law.
or suspended except for cause provided by law.
(6) File, upon a verified complaint, or on its own initiative,
(4) No officer or employee in the civil service shall engage, petitions in court for inclusion or exclusion of voters; investigate
directly or indirectly, in any electioneering or partisan political and, where appropriate, prosecute cases of violations of
campaign. election laws, including acts or omissions constituting election
frauds, offenses, and malpractices.
(5) The right to self-organization shall not be denied to
government employees. (7) Recommend to the Congress effective measures to
minimize election spending, including limitation of places
(6) Temporary employees of the Government shall be given where propaganda materials shall be posted, and to prevent
such protection as may be provided by law. and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
C. COMMISSION OF ELECTIONS (8) Recommend to the President the removal of any officer or
- Campaign financing employee it has deputized, or the imposition of any other
- Prohibited political parties disciplinary action, for violation or disregard of, or disobedience
- Restrictions on political parties to its directive, order, or decision.
- Regulation of political parties
- Electoral commission (9) Submit to the President and the Congress a comprehensive
report on the conduct of each election, plebiscite, initiative,
The Commission on Elections shall exercise the following referendum, or recall.
powers and functions:
23. Sec 11, IX-C, C. COMMISSION OF ELECTIONS [9]
(1) Enforce and administer all laws and regulations relative to  Goh v. Bayron, on provision of budget or holding of
the conduct of an election, plebiscite, initiative, referendum, regular and special elections
and recall.
Funds certified by the Commission as necessary to defray the
(2) Exercise exclusive original jurisdiction over all contests expenses for holding regular and special elections, plebiscites,
relating to the elections, returns, and qualifications of all initiatives, referenda, and recalls, shall be provided in the
elective regional, provincial, and city officials and appellate regular or special appropriations and, once approved, shall be
jurisdiction over all contests involving elective municipal released automatically upon certification by the Chairman of
officials decided by trial courts of general jurisdiction, or the Commission.
involving elective barangay officials decided by trial courts of
limited jurisdiction. 24. Sec 1, Art. XI [11], ACCOUNTABILITY OF PUBLIC
OFFICERS
Decisions, final orders, or rulings of the Commission on  Nature of Pubic office
election contests involving elective municipal and barangay Public office is a public trust. Public officers and employees
offices shall be final, executory, and not appealable. must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, and efficiency, act with
(3) Decide, except those involving the right to vote, all patriotism and justice, and lead modest lives.
questions affecting elections, including determination of the
25. Sec 8, IX-B, B. CIVIL SERVICE COMMISSION [9]
  Double compensation
No elective or appointive public officer or employee shall
receive additional, double, or indirect compensation, unless
specifically authorized by law, nor accept without the consent
of the Congress, any present, emolument, office, or title of any
kind from any foreign government. Pensions or gratuities shall
not be considered as additional, double, or indirect
compensation.