ART 6: LEGISLATIVE DEPARTMENT Voluntary renunciation of the office for any length

Bicameral System of time shall not be considered as an interruption in

 Under a bicameral system, every bill must pass the continuity of his service for the full term of
two houses of the congress which he was elected.
 Provides checks and balances, incorporates  Twelve senators shall be elected every three
both local and national viewpoints in legislation years to serve 6 years.
and offer a training ground for future national  Two consecutive terms
leaders.  Voluntary renunciation is not considered.

Section 1: Jurisdiction Section 5: Composition of the Lower House

The legislative power shall be vested in the (1) The House of Representatives shall be
Congress of the Philippines which shall consist of a composed of not more than two hundred and fifty
Senate and a House of Representatives, except to members, unless otherwise fixed by law, who shall
the extent reserved to the people by the provision be elected from legislative districts apportioned
on initiative and referendum. among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their
Section 2: Composition of the SENATE respective inhabitants, and on the basis of a
The Senate shall be composed of twenty-four uniform and progressive ratio, and those who, as
Senators who shall be elected at large by the provided by law, shall be elected through a party-
qualified voters of the Philippines, as may be list system of registered national, regional, and
provided by law. sectoral parties or organizations.

Section 3: Qualifications of the SENATE  Lower house:

No person shall be a Senator unless he is a - Shall be composed of not more than 250
natural-born citizen of the Philippines and, on the members unless provided by law.
day of the election, is at least thirty-five years of a. District representative- 80% of the seat to be
age, able to read and write, a registered voter, and elected from the legislative districts.
a resident of the Philippines for not less than two b. Party list representative- 20% of the seat
years immediately preceding the day of the
election. (2) The party-list representatives shall
constitute twenty per centum of the total number of
 Qualification representatives including those under the party list.
- Natural born Filipino citizen For three consecutive terms after the ratification of
- At least 35 years old on the day of election this Constitution, one-half of the seats allocated to
- Able to read and write party-list representatives shall be filled, as provided
- Registered voter by law, by selection or election from the labor,
o Resided in the ph for at least 1 year and in peasant, urban poor, indigenous cultural
place proposed to vote for at least 6 months. communities, women, youth, and such other
- Resident of the Philippines for not less than 2 sectors as may be provided by law, except the
years before the preceding election. religious sector.
o Residence is the place where the person has
established his home, place where he is  Party list system
habitually present, to which he depart, he - Under this system, a voter elects, apart from the
intend to return district representative.
o Temporary residence in another place due to - Maximum of 3 representative – 1 qualifying and
studying, carrying on a profession or 2 additional.
engaging in an occupation is compatible with
retention of ones established domicile. - Manner of selection:
- These qualification are subject to the 1. Not later than 90 days before Election Day,
following restriction: any political party may file a verified petition to
1. They are continuing requirement, meaning participate in the party-list system.
that they must be possessed during the 2. Sectors:
entire incumbency. a. National Parties / Organization
2. Qualification are prescribed by the b. Regional parties/ organization
constitution and the legislative not make c. Sectoral parties/ organization
additions. 3. A registered party must have at least 2% of
3. Property qualification are not allowed. total number of votes cast is entitled to one
4. No religious test shall require. seat.
4. Party list representatives have the same rights
Section 4: Term of Office of the SENATE and are subject to inhibition and
The term of office of the Senators shall be disqualification as district representative.
six years and shall commence, unless otherwise 5. A party list representative who change his
provided by law, at noon on the thirtieth day of political party or sectoral affiliation during his
June next following their election. No Senator shall term of office shall forfeit his seat.
serve for more than two consecutive terms.
  2nd week of May unless otherwise provided by
(3) Each legislative district shall comprise, law.
as far as practicable, contiguous, compact, and
adjacent territory. Each city with a population of at Section 9: Special Election
least two hundred fifty thousand, or each province, In case of vacancy in the Senate or in the
shall have at least one representative. House of Representatives, a special election may
be called to fill such vacancy in the manner
 Legislative District prescribed by law, but the Senator or Member of
District are to be determined according to the the House of Representatives thus elected shall
following rules: serve only for the unexpired term.
- Each city with 250,000 voters should have at
least 1 representative.  No special election will be called if the vacancy
- Each province regardless the population must occurs at least 18 months before the next
have at least 1 representative. election in the case of senate or
 At least 1 year in the case of House of
(4) Within three years following the return of Representative.
every census, the Congress shall make a  When the vacancy occurs during the period
reapportionment of legislative districts based on the when special elections are allowed to be
standards provided in this section. conducted, the particular house of congress
must pass a resolution declaring the vacancy
- The apportionment must be based on the and calling for special election to be held within
number of inhabitants, using a uniform and 45 to 90 days.
progressive ratio. Within 3 years following the  Senator or members of the House of
return of every census, congress shall make a Representatives thus elected shall serve only
reappointment of legislative districts. for the unexpired term.
Section 6: Qualification of congressman Section 10: Salary, Privileges & Disqualification
No person shall be a Member of the House The salaries of Senators and Members of
of Representatives unless he is a natural-born the House of Representatives shall be determined
citizen of the Philippines and, on the day of the by law. No increase in said compensation shall
election, is at least twenty-five years of age, able to take effect until after the expiration of the full
read and write, and, except the party-list term of all the Members of the Senate and the
representatives, a registered voter in the district in House of Representatives approving such
which he shall be elected, and a resident thereof increase.
for a period of not less than one year immediately
preceding the day of the election. Section 11: Freedom from arrest
A Senator or Member of the House of
 Qualification Representatives shall, in all offenses punishable by
- Natural born Filipino citizen not more than six years imprisonment, be
- At least 25 years old on the day of election privileged from arrest while the Congress is in
- Able to read and write session. No Member shall be questioned nor be
- Registered voter of the district in which he shall held liable in any other place for any speech or
be elected for at least 1 year. debate in the Congress or in any committee
thereof.
Section 7: Term of Office of the Congressman
The Members of the House of  Freedom from arrest
Representatives shall be elected for a term of three - This privilege enable the representatives of the
years which shall begin, unless otherwise provided people to perform the functions of their office
by law, at noon on the thirtieth day of June next without the fear of criminal prosecution.
following their election. No Member of the House of - If crime is punishable by more than 6 years then
Representatives shall serve for more than three the member can be arrested.
consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered Section 12: Disclosure of Information
as an interruption in the continuity of his service for All Members of the Senate and the House
the full term for which he was elected. of Representatives shall, upon assumption of
office, make a full disclosure of their financial and
 Three year term of office business interests. They shall notify the House
 Three consecutive term of office concerned of a potential conflict of interest that
may arise from the filing of a proposed legislation
Section 8: Regular election of which they are authors.
Unless otherwise provided by law, the  Financial, liabilities and net worth
regular election of the Senators and the Members - Public officer or employee are required by law
of the House of Representatives shall be held on to submit declaration under oath of his assets,
the second Monday of May. liabilities and net worth.
 Saturdays, Sundays, and legal holidays. The
President may call a special session at any time.
 Financial and Business Interest
-
All members of congress shall upon SECTION 16: Organization and session
assumption of office make a full disclosure of (1) The Senate shall elect its President and
their financial business interest. the House of Representatives its Speaker, by a
 Conflict of Interest majority vote of all its respective Members.
- A member of congress who authors a bill must Each House shall choose such other officers as it
notify the house concerned of any potential may deem necessary.
conflict of interest that may arise from his
filling of such bill.  Election of officers
- The senate president and the speaker of the
Section 13: Incompatible and Forbidden Offices house have no fixed term of office and maybe
No Senator or Member of the House of remove at any time at the pleasure of majority
Representatives may hold any other office or with respect to their colleagues.
employment in the Government, or any subdivision,  Administrative Authority
agency, or instrumentality thereof, including - Presiding over sessions
government-owned or controlled corporations or - Preserving order and decorum
their subsidiaries, during his term without forfeiting - Deciding all questions of order
his seat. Neither shall he be appointed to any office - Signing acts, Resolution, Writs, issuing
which may have been created nor the emoluments subpoenas, appointing their respective
thereof increased during the term for which he was personnel and disciplining them.
elected.
 Incompatible office (2) A majority of each House shall constitute
- An incompatible office is a post that a member a quorum to do business, but a smaller number
cannot accept unless he waives or forfeits his may adjourn from day to day and may compel the
seat in congress. attendance of absent Members in such manner,
 Forbidden Office and under such penalties, as such House may
- Is which a member cannot be appointed even if provide.
he is willing to give-up his seat in the congress
 Quorum
Section 14: Other Prohibitions - Is such a number of assembly as is competent
No Senator or Member of the House of to transact its business.
Representatives may personally appear as counsel
before any court of justice or before the Electoral (3) Each House may determine the rules of
Tribunals, or quasi-judicial and other administrative its proceedings, punish its Members for disorderly
bodies. Neither shall he, directly or indirectly, be behavior, and, with the concurrence of two-thirds of
interested financially in any contract with, or in any all its Members, suspend or expel a Member. A
franchise or special privilege granted by the penalty of suspension, when imposed, shall not
Government, or any subdivision, agency, or exceed sixty days.
instrumentality thereof, including any government-
owned or controlled corporation, or its subsidiary,  Discipline of member
during his term of office. He shall not intervene in - Each house may punish its members for
any matter before any office of the Government for disorderly behavior is solely in the discretion of
his pecuniary benefit or where he may be called the house concerned.
upon to act on account of his office. - The penalty may consist of censure, or upon
2.3 vote of all the members of the house, the
 Personally appear as counsel before any court suspension not exceeding 60 days, or
of justice, the Electoral Tribunals, quasi-judicial expulsion.
bodies.
 Being interested financially in any contract with (4) Each House shall keep a Journal of its
or franchise or special privilege granted by the proceedings, and from time to time publish the
government, or any subdivision, agency or same, excepting such parts as may, in its
instrumentality. judgment, affect national security; and the yeas
 Intervening in any matter before any office of and nays on any question shall, at the request of
the government for his pecuniary benefit. one-fifth of the Members present, be entered in the
Journal.
Section 15. Each House shall also keep a Record of its
The Congress shall convene once every proceedings.
year on the fourth Monday of July for its regular
session, unless a different date is fixed by law, and  Journal and Record
shall continue to be in session for such number of  Legislative Journal
days as it may determine until thirty days before - This is the official record of what is done and
the opening of its next regular session, exclusive of passed in the congress
- Records of proceedings of the house and to the offices of the president and vice
authenticate and preserve the same president.
- The record contained in the journal is conclusive b. To determine by two thirds vote whether
evidence of the contents thereof and courts shall the president is unable to discharge the
take judicial notice of the same. powers and duties of his office,
c. To extend or revoke proclamation of
 Congressional Record martial law or the suspension of the
- contains verbatim transcript of all proceedings of privilege of habeas corpus.
the house and of its committees.  Joint Session Voting (a7 s18)
- The vote separately except for one instance:
 Matters to be entered in the journal when they revoke or extend the proclamation of
- Yeas and Nays on the third and final reading. martial law or the suspension of the privilege of
- Veto message of the president habeas corpus.
- Yeas and nays on the re-passing of a bill voted a. When congress, acting as board of
by the president. canvasser, breaks the tie between two or
more candidates for the president and the
 Probative value if the journal vice president.
- The entries in a legislative journal may be b. When congress decides on the question of
given more weight when ranged against other the presidents inability to discharge the
forms of evidence. powers and functions of his office.
c. When the congress declares the existence
 Enrolled bill of a state of war.
- A bill approved by both houses is engrossed or d. When there is vacancy in the office of the
vice-president and congress has to conform
enrolled, and this enrolled copy of the bill bears
the nomination made by the president.
the certification of the senate president and the
speaker of the house that the bill is the enrolled
SECTION 17: Special Bodies in Congress
version passed by each house. This certification
The Senate and the House of
is intended to prevent attempts and smuggling
Representatives shall each have an Electoral
in “ riders”
Tribunal, which shall be the sole judge of all
- The enrolled copy is the one sent to the
contests relating to the election, returns, and
president for his action.
qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine
 Journal Entry Rule vs. Enrolled Bill theory Members, three of whom shall be Justices of the
- If there is a conflict between the enrolled bill Supreme Court to be designated by the Chief
and journal entry. The enrolled bill prevails Justice, and the remaining six shall be Members of
except with respect to matters requires to be the Senate or the House of Representatives, as the
entered in the legislative journal. case may be, who shall be chosen on the basis of
proportional representation from the political parties
(5) Neither House during the sessions of the and the parties or organizations registered under
Congress shall, without the consent of the other, the party-list system represented therein. The
adjourn for more than three days, nor to any other senior Justice in the Electoral Tribunal shall be its
place than that in which the two Houses shall be Chairman.
sitting.
 Electoral Tribunal
 Sessions - The senate and the House of Representatives
- Maximum of 100 days for regular session and shall each have an electoral tribunal which shall
30 days for special sessions exclusives of be the sole judge of all contest relating to the
Sundays. election returns and the qualification of their
o Regular Sessions- congress shall convene respective members.
every fourth Monday of July for its regular - Each tribunal shall be composed of 9 members
session unless as a different date is fixed by 3 of whom shall be justices of the supreme
law, and shall continue to be in session for court
such member of days as it may determine
until 30 days before the opening of its next  Composition and independence
regular session.
- Each tribunal shall have 3 Supreme Court
o Special Session called by the President-
justices and the remaining 6 shall be members
special session may be called by the president of the Senate or house of representative who
to consider such subjects of legislation as he shall be chosen on the basis of proportional
may determine, the power of the president to representation to ensure the exercise of judicial
call a special session rest upon his absolute impartiality.
discretion.(a7 s10)
o Special Session with a need of call (a7 s10) SECTION 18: Commission of Appointments
a. To pass a bill calling for the holding of a There shall be a Commission on Appointments
special election when there is a vacancy in consisting of the President of the Senate, as ex
officio Chairman, twelve Senators and twelve the Congress is in session, at the call of its
Members of the House of Representatives, elected Chairman or a majority of all its Members, to
by each House on the basis of proportional discharge such powers and functions as are herein
representation from the political parties and parties conferred upon it.
or organizations registered under the party-list
system represented therein. The Chairman of the SECTION 20: Records and books of Accounts
Commission shall not vote, except in case of a tie. The records and books of accounts of the
The Commission shall act on all appointments Congress shall be preserved and be open to the
submitted to it within thirty session days of the public in accordance with law, and such books
Congress from their submission. The Commission shall be audited by the Commission on Audit which
shall rule by a majority vote of all the Members. shall publish annually an itemized list of amounts
paid to and expenses incurred for each Member.
 Composition
- The commission shall consist of the senate  The records and books of accounts shall be
president as ex officio chairman, 12 senators open to the public in accordance with law, and
and 12 members of the house of such books shall be audited by the commission
representatives, elected by each house on the on audit, which shall published annually an
basis of proportional representation from itemized list of amounts paid to and expenses
political parties or organization registered under incurred for each member.
the party list system
SECTION 21: Legislative Investigation
 Organization and Function The Senate or the House of
- The commission on appointment should be Representatives or any of its respective
constituted within 30 days after the senate and committees may conduct inquiries in aid of
house shall have been organized with the legislation in accordance with its duly published
election of the speaker of the house and the rules of procedure. The rights of persons appearing
senate president. in or affected by such inquiries shall be respected.

 Sessions and procedures  Limitation to this power

- it shall met to discharge its powers and function - Lawmaking body does not possess a general
only while congress is in session. The meeting power of inquiry into the private affairs of its
shall be called by the chairman or the majority citizens.
of its members. The commission rules by a - The power is limited to matters into which the
majority vote of all its member, the chairman body has jurisdiction to inquire.
does not vote except to break a tie. - The rights of the person appearing in or
affected by such inquiries shall be respected,
 Officer requiring confirmation from notable among which is the right against self-
Commission on Appointment. incrimination. However a person who refuses to
1. Head of departments appear or answer questions relevant to a matter
2. Ambassador public minister and consuls. of legislative interest may be cited in contempt.
3. Officers if the armed forces of the Philippines - A resolution of the house of representative
from the rank of colonel and naval captain committing a person to jail for contempt may be
4. Chairman and members of the constitutional enforced only until the final adjournment if the
Commission last session date of congress.
5. Members of judicial bar council SECTION 22: The question Hour
The heads of departments may upon their
 Regular Appointment own initiative, with the consent of the President, or
- When the president appoints an officer whose upon the request of either House, as the rules of
appointment requires confirmation by the each House shall provide, appear before and be
commission, while the congress is in session. heard by such House on any matter pertaining to
their departments. Written questions shall be
 Ad-interim appointment submitted to the President of the Senate or the
- This happens when the congress is not in Speaker of the House of Representatives at least
session. Ad-interim appointment made by the three days before their scheduled appearance.
president is complete in itself and effective at Interpellations shall not be limited to written
once, even without confirmation. questions, but may cover matters related thereto.
When the security of the State or the public interest
SECTION 19: so requires and the President so states in writing,
The Electoral Tribunals and the the appearance shall be conducted in executive
Commission on Appointments shall be constituted session.
within thirty days after the Senate and the House of
Representatives shall have been organized with 1. On their own initiative, with the consent of
the election of the President and the Speaker. The the President
Commission on Appointments shall meet only while
 2. Upon request of either houses, as the rule (6) Discretionary funds appropriated for
of that house shall provide. Rationale for the particular officials shall be disbursed only for public
question hour: purposes to be supported by appropriate vouchers
a. It is effective check available to and subject to such guidelines as may be
congress to question the programs and prescribed by law.
priorities of the executive department. (7) If, by the end of any fiscal year, the
b. Enables minority to fiscalize the party in Congress shall have failed to pass the general
power. appropriations bill for the ensuing fiscal year, the
c. It informs the people of the activities and general appropriations law for the preceding fiscal
motivation of the president and his year shall be deemed reenacted and shall remain
cabinet. in force and effect until the general appropriations
bill is passed by the Congress.
SECTION 23: Declaration of War and delegation
of emergency power
(1) The Congress, by a vote of two-thirds of  General Appropriation
both Houses in joint session assembled, voting - General Appropriation law provides for the
separately, shall have the sole power to declare the financial operation of the government for a fiscal
existence of a state of war. year. The process for enacting the general
(2) In times of war or other national appropriation act starts with the national budget
emergency, the Congress may, by law, authorize that the president submits to the congress.
the President, for a limited period and subject to Limitations :
such restrictions as it may prescribe, to exercise - The congress may not increase the
powers necessary and proper to carry out a appropriation recommended by the president
declared national policy. Unless sooner withdrawn - No provision shall be embraced in the general
by resolution of the Congress, such powers shall appropriation bill unless it related specifically to
cease upon the next adjournment thereof. some particular appropriation therein.
- The produced approved appropriation for the
SECTION 24: congress shall strictly follow the procedure for
All appropriation, revenue or tariff bills, bills approving appropriation for other departments
authorizing increase of the public debt, bills of local and agencies.
application, and private bills shall originate - The unused balance remaining at the end of a
exclusively in the House of Representatives, but specified year reverts on the general funds.
the Senate may propose or concur with
amendments.
 Special Appropriation
- Meets the new needs or is designed for a
SECTION 25: General Appropriation
specific purpose. The bill must specify the
(1) The Congress may not increase the
purpose of which it is intended and shall be
appropriations recommended by the President for
supported by the funds actually available or to
the operation of the Government as specified in the
be raised by a corresponding revenue proposal.
budget. The form, content, and manner of
preparation of the budget shall be prescribed by
law.  Discretionary Fund
(2) No provision or enactment shall be embraced in - These may only be disbursed for public
the general appropriations bill unless it relates purposes to be supported by appropriate
specifically to some particular appropriation therein. vouchers, subject to guidelines as provided by
Any such provision or enactment shall be limited in law.
its operation to the appropriation to which it relates.
(3) The procedure in approving
appropriations for the Congress shall strictly follow SECTION 26: Title of Bills
the procedure for approving appropriations for (1) Every bill passed by the Congress shall
other departments and agencies. embrace only one subject which shall be
(4) A special appropriations bill shall specify expressed in the title thereof.
the purpose for which it is intended, and shall be
supported by funds actually available as certified  Scope of Requirements
by the National Treasurer, or to be raised by a - Every bill passed by the congress shall
corresponding revenue proposed therein. embrace only one subject matter to be
(5) No law shall be passed authorizing any expressed in the title thereof
transfer of appropriations; however, the President, - The title must fairly indicate the general subject
the President of the Senate, the Speaker of the and reasonably cover all the provisions of the
House of Representatives, the Chief Justice of the acts so as not to mislead the legislature or the
Supreme Court, and the heads of Constitutional people.
Commissions may, by law, be authorized to - An act having a single general subject,
augment any item in the general appropriations law indicated in the title, may contain any number of
for their respective offices from savings in other provision
items of their respective appropriations.
 Purpose of requirement (1) Every bill passed by the Congress shall,
- The provision aims to prevent hodge-podge or before it becomes a law, be presented to the
logrolling legislation, prevent surprise or fraud President. If he approves the same, he shall sign it;
upon the legislature and to fairly apprise the otherwise, he shall veto it and return the same with
people through such publication of legislative his objections to the House where it originated,
proceedings. which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such
(2) No bill passed by either House shall reconsideration, two-thirds of all the Members of
become a law unless it has passed three readings such House shall agree to pass the bill, it shall be
on separate days, and printed copies thereof in its sent, together with the objections, to the other
final form have been distributed to its Members House by which it shall likewise be reconsidered,
three days before its passage, except when the and if approved by two-thirds of all the Members of
President certifies to the necessity of its immediate that House, it shall become a law. In all such
enactment to meet a public calamity or emergency. cases, the votes of each House shall be
Upon the last reading of a bill, no amendment determined by yeas or nays, and the names of the
thereto shall be allowed, and the vote thereon shall Members voting for or against shall be entered in
be taken immediately thereafter, and the yeas and its Journal. The President shall communicate his
nays entered in the Journal. veto of any bill to the House where it originated
within thirty days after the date of receipt thereof;
 Legislative process otherwise, it shall become a law as if he had signed
- First reading it.
o Title of the bill or resolution is read before
the house.  Engross enrollment of the bill
o The presiding officer refers to the proper - Once both houses approves the bill it is
committee for appropriate action. engrossed enrolled. The enrolled bill bears the
o After due consideration of the bill, the latter certification by the senate president and
is returned to the body together with the speaker of the house that the copy is the
amendments, or objections or version passed by each house.
recommendations.
o If the bill is favorable the bill is calendared  Three ways for a bill to became a law
for the second reading. 1. Upon approval by the president
- Second Reading 2. When the veto of the president is overridden
o The bill is read in full before the floor, with by 2/3 vote of all the members of both
houses.
such amendments as proposed by the
3. Upon failure of the president to act on a bill
committee.
becomes a law without the participation of
o Debate, discussion and amendment will
the president. When the bill is calling for
ensue. special election for president and vice
o A motion to close the debate is made and a president under article 8 section 10.
vote is taken on whether or not to pass the
bill on the basis of the amendment and  The veto power of the president
discussion.
- When the president vetoes a bill, he
o The bill as amended and approved is
disapproves it and return it to the house where
printed in final form and copies are the bill originated, together with his veto
distributed to the membership three days message, explaining the reason for the veto.
before its passage.
o The three day period will enable the
 No selective veto
membership to check if the bill reflects the - He cannot choose only part that he likes. Thus
text and amendments as discussed and
when the president approves one part and
whether riders have been smuggled in.
vetoes another, the veto is ineffective. It is as
- Third reading though there is no veto. However in the case of
o The bill is announced by its name and title appropriation, revenue or tariff bills he can
on the floor and a vote is taken right away, exercise item veto.
with yeas and nays entered into journal.
Amendments are no longer allowed.  Overriding veto
- 2/3 of all member of such house
-Exception to three readings:
a. when the president certifies to the necessity
 No legislative veto
of the immediate enactment of a bill to meet a
- A congressional veto is a means whereby the
public calamity or emergency.
b. when congress convenes to call a special legislature can block or modify administrative
election to elect the president and vice president. action taken under a statute.

SECTION 27: Presidential Item- Veto power (2) The President shall have the power to
veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto (1) No money shall be paid out of the
shall not affect the item or items to which he does Treasury except in pursuance of an appropriation
not object. made by law.
(2) No public money or property shall be
- The president have the power to veto on any appropriated, applied, paid, or employed, directly or
particular item or items, without vetoing the other indirectly, for the use, benefit, or support of any
item or items to which he does not object. The sect, church, denomination, sectarian institution, or
reason is that these items are really independent of system of religion, or of any priest, preacher,
each other and so every item is deemed a bill in minister, or other religious teacher, or dignitary as
itself. It also allows the president to object particular such, except when such priest, preacher, minister,
items of appropriation without having to reject the or dignitary is assigned to the armed forces, or to
entire budget. any penal institution, or government orphanage or
leprosarium.
SECTION 28. Tax Law (3) All money collected on any tax levied for a
(1) The rule of taxation shall be uniform special purpose shall be treated as a special fund
and equitable. The Congress shall evolve a and paid out for such purpose only. If the purpose
progressive system of taxation. for which a special fund was created has been
fulfilled or abandoned, the balance, if any, shall be
 Uniformity in taxation means that all taxable transferred to the general funds of the Government.
articles or kinds of property, of the same class
shall be taxed at the same rate.  Definitions: A bill is the draft of a law submitted
to the consideration of a legislative body for its
(2) The Congress may, by law, authorize adaptation, an appropriation is the setting apart
the President to fix within specified limits, and by law of a certain sum from the public
subject to such limitations and restrictions as it may revenues for a specific purpose.
impose, tariff rates, import and export quotas, o Revenue bill- raises funds
tonnage and wharf age dues, and other duties or o Tariff bills- dictates the duties to be
imposts within the framework of the national imposed on certain imported articles.
development program of the Government. o Bills of local application- pertains to
purely local government matters.
 Delegation of tax powers – tax power is o Private Bills- refers to those that serve a
essential aspect of sovereignty, is inherently private interest or concern like granting
legislative and is therefore non delegable. some form of recognition or to honor
Exceptions: private individuals.
1. Delegation of tariff power to the president to o Limitations- they must state the exact
enable him to act promptly on matters amount appropriated or the maximum sum
affecting national economy. from which the authorized expenses shall
2. Delegation of taxing power to local be paid. All appropriation must be
legislature in pursuance of the policy on embarked and spent for public purpose.
local autonomy, subject to limitations.
 Proceed of taxes
(2) Charitable institutions, churches and - Special Taxes- levied for a particular purpose
parsonages or convents appurtenant
shall be utilized for that purpose.
thereto, mosques, non-profit cemeteries, and
- National Taxes (Lgu) – determined by law
all lands, buildings, and improvements,
shall be automatically released to them
actually, directly, and exclusively used for
religious, charitable, or educational purposes
SECTION 30: Appellate jurisdiction of Supreme
shall be exempt from taxation.
Court
No law shall be passed increasing the
 Tax exemptions of religious and charitable
appellate jurisdiction of the Supreme Court as
institution- refers to real property taxes, one of provided in this Constitution without its advice and
exception of separation of church and state. concurrence.
 Tax exemptions of educational institution-
all land and buildings directly and exclusively SECTION 31:Title of royalty and nobility
used for educational purposes shall be exempt No law granting a title of royalty or nobility
from payment of real property tax. shall be enacted.
(4) No law granting any tax exemption shall  Seeks to preserve our democratic and
be passed without the concurrence of a majority of republican institutions.
all the Members of the Congress.
SECTION 32: General Plenary Powers
SECTION 29: Requirements for appropriation The Congress shall, as early as possible,
measures. provide for a system of initiative and referendum,
and the exceptions therefrom, whereby the people
can directly propose and enact laws or approve or - Voluntary renunciation is not considered as an
reject any act or law or part thereof passed by the interruption in the continuity of service for the
Congress or local legislative body after the full term.
registration of a petition therefor signed by at least
ten per centum of the total number of registered SECTION 3: Qualification, term, oathV.
voters, of which every legislative district must be President
represented by at least three per centum of the There shall be a vice-president who shall
registered voters thereof. have the same qualification and terms of office and
be elected with, and in the same manner, as the
 General Plenary Powers president. He may be removed from office in the
- Legislative power is vested in the congress same manner as the president.
except to the extent reserved to the people
under this article on initiative and referendum.  Qualification of vice-president
Under RA no 6735 (An act providing for a - Natural born citizen of the Philippines
system of initiative and referendum) initiative on - Registered voter
statutes is commenced by the filling of a petition - Able to read and right
proposing to enact a piece of national - 40 yrs. of age at the day of election
legislation. The exercise of initiative may also - Resident of the Philippines at least 10yrs
be done by the people through a proposition before the preceding election.
sent to the congress in which case it is - 2 succeeding election
characterized as indirect initiative. - May be appointed as a member of cabinet
- Voluntary renunciation is not considered as an
 Substantive Limitation
interruption in the continuity of service for the
- There are certain express and implied full term.
substantive limitation on the power to enact
laws. The express substantive limitation are SECTION 4: Regular election and term
found in the constitution. The president and vice-president shall be
o Bill of Rights elected by direct vote of the people for a term of six
years which shall begin at noon on the 30th day of
June next the day if the election and shall end at
ART. 7. EXECUTIVE DEPARTMENT noon on of the same date, six years thereafter. The
president shall not be eligible for any re- election.
SECTION 1: Executive Power No person who has succeeded as president and
The executive power shall be vested in the has served as such for more than four years shall
President of the Philippines. be qualified for election to the same office at any
time
 Executive power. No vice president shall serve for more than two
- To enforce implement and administer law. It is successive terms. Voluntary renunciation of the
vested in the president of the Philippines. office for any length of time shall not be considered
- He shall ensure that all laws be faithfully as an interruption in the continuity of the service for
executed. the full term which he was elected.
- He has no direct political responsibility to Unless otherwise provided by law, the
legislature. regular election for the president and the vice
president shall be on the second Monday of May.
SECTION 2: Qualification, term, oath President The returns of every election for the president and
No person may be elected President vice-president, duly certified by the board of
unless he is natural-born citizen of the Philippines, canvassers of each province or city, shall be
a registered voter, able to read and write, at least transmitted to the congress, directed to the
40 yrs. of age on the day of election, and a resident president of the senate. Upon receipt of the
of the Philippines. certificate of canvass, the president of the senate
shall, not later than 30 days after the day of
 Qualification of President election, open all certificates in the presence of the
- Natural born citizen of the Philippines senate and House of Representatives in joint public
- Registered voter session, and the congress, upon determination of
- Able to read and right the authenticity and due execution thereof in the
- 40 yrs. of age at the day of election manner provided by law, canvass the votes.
- Resident of the Philippines at least 10yrs The person having the highest number of
before the preceding election. voted shall be proclaimed elected, but in case two
- Served 6 year single term not eligible for re- or more shall have an equal and highest number of
election votes, one of them shall forthwith be chosen by the
vote of a majority of all members of both houses of
- Any person who has succeeded as president,
the congress, voting separately.
as served as much for more than 4 years shall
The congress shall promulgate its rules for
not be qualified for election to the same office
the canvassing of the certificates.
at any time.
 The Supreme Court, sitting en banc, shall If the president shall not been chosen, the
be the sole judge of all contest relating to the vice president-elect shall act as president until a
election, returns, and qualification of the president president shall have been chosen and qualified.
or vice president and may promulgate its rule for If at the beginning of the term of the
the purpose. president, the president-elect shall have died or
shall have become permanently disabled, the vice-
 Regular Election and term. president-elect shall become president.
- 2nd Monday of May, unless provided by law. Where no president and vice-president shall
- Returns shall be submitted to the congress have been chosen or have been qualified, or where
and submitted to the senate president. Not both shall have died or become permanently
later than 30 day after Election Day. disabled, the president of the senate or, in case of
- Congress shall canvass the vote. his inability, the speaker of house of representative,
- In case of tie one is chosen by the majority of shall act as president until a president or a vice-
house of congress voting separately. president shall have been chosen and qualified.
The congress shall by law, provide for the
 Special Election manner in which one who is to act as president
- If vacancy of the president and vice president shall be selected until a president or vice-president
shall have qualified, in case of death, permanent
more than 18 months before the date of the
disability, or inability of the officials mentioned in
next regular presidential election, a special
the next preceding paragraph.
election to elect the president and vice-
president shall be elected by the congress.

 Canvasing of election return

VACANCY IN THE PRESIDENCY BEFORE THE
- Joint committee, composed of both houses.
BEGINNING OF THE TERM.
 Presidential Electoral Tribunal VACANCY SUCCESOR
- President and vice-president falls under the The president-elect may not VP-elect will be the acting
jurisdiction of the Supreme Court. be able to be qualified or to president until a president is
be chosen. chosen and qualified
SECTION 5: Oath of office Not qualified – disqualified
on the requirements.
Before they enter on the execution of their Not has been chosen- if tie
office, the president and the vice-president, or the ang result ng election at
acting president shall take the following oath: voting ng congress. (sec 4)
“I do solemnly swear (or affirmation) that I The president-elect dies or VP becomes president
permanently disabled
will faithfully and conscientiously fulfill my duties as
If both president and vp- Senate president or in case
president ( or vp or acting pres) of the Philippines, elect are not chosen of his inability the, speaker
preserve and defend its constitution, execute its of the house shall act as
laws, do justice to every man, and consecrate president until a president
myself to the service of the nation. So help me and vi is chosen and
God”. qualified
Death, permanent disability The congress by law shall
or inability of senate provide who will be the
SECTION 6: Privileges and compensation president, speaker of the president until a president
The president shall have an official house and vp is qualified.
residence. The salaries of the president and vice-
president shall be determined by law and shall not SECTION 8: Permanent vacancy in the
be decreased during their tenure. No increase in presidency during the term.
said compensation shall take effect until after the In case of death, permanent disability,
expiration of the term of the incumbent during removal from office, or resignation of the president,
which such increase was approved. They shall not the vice-president shall become the president to
receive during their tenure any other emolument serve the unexpired term. In case of death,
from the government or any other source. permanent disability, removal from office, or
resignation of both the president and vice-
Privileges and compensation president, the president of the senate or in case of
 Provided the official residence and salary. his inability, the speaker of the House of
Representatives, shall then act as president until
SECTION 7: Succession, Vacancy in the the president or vice-president shall have been
Presidency before the beginning of the term. elected and qualified.
The president-elect and the vice-president- The congress shall, by law, provide who
elect shall assume office at the beginning of their shall serve as president in case of death,
terms. permanent disability, or resignation of the acting
If the president-elect fails to qualify, the president. He shall serve until the president or vice-
vice-president-elect shall as president until the president shall have been elected and qualified,
president-elect shall have qualified.
and be subject to the same restriction of powers  Comparison of the rules on vacancy.
and disqualification as the acting president. - Congress must pass the law in succession in
the event that the president and vice-president,
VACANCY DURING THE TERM senate president, speaker of are all unable to
act as president
VACANCY SUCCESOR - The bill for special election is not subject to
The president-elect dies or VP becomes president for the requirement of article 6 sec 25 par 4
permanently disabled, unexpired terms.
removed from office ir
because there is no president.
resigns
If both president and vp- Senate president or in case  Special Session called by the President-
elect dies or permanently of his inability the, speaker special session may be called by the president
disabled, removed from of the house shall act as
to consider such subjects of legislation as he
office ir resigns president until a president
and vi is chosen and may determine, the power of the president to
qualified call a special session rest upon his absolute
Death, permanent disability The congress by law shall discretion.(a7 s10)
or inability of senate provide who will be the
president, speaker of the president until a president
house and vp shall have been  Special Session with a need of call (a7 s10)
elected and qualified subject a. To pass a bill calling for the holding of a
to the same restriction of special election when there is a vacancy in
powers and disqualification the offices of the president and vice
as the acting president.
president.
b. To determine by two thirds vote whether
SECTION 9: Vacancy in the Vice President the president is unable to discharge the
Whenever there is a vacancy in the office of powers and duties of his office, to extend
the vice-president during the term for which he was or revoke proclamation of martial law or
elected, the president shall nominate a vice- the suspension.
president from among the members of the senate
and the house of representative who shall assume *SECTION 11: Temporary inability of the
office upon confirmation by a majority vote of all the President during the term
members of both house of the congress, voting Whenever the president transmits to the
separately. president of the senate and the speaker of the
house of representatives his written declaration
 In case of vacancy occurs in both president and that he is unable to discharge the powers and
vice-president, there is no acting vice- duties of his office, and until he transmits to them a
president. The reason, under the constitution, written declaration to contrary, such powers and
does not have real function when the president duties shall be discharge by the vice-president as
is around. acting president.
 The president shall nominate the vp among the Whenever a majority of all members of the
members of the senate and house of cabinet transmit to the president of the senate and
representative, who shall assume office upon the speaker of the House of Representatives their
confirmation of both houses. written declaration that the president is unable to
discharge power and duties of his office, the vice-
SECTION 10: Special Election president shall immediately assume the powers
The Congress shall, at ten o’clock in the and duties of the office as acting president.
morning of the third day after the vacancy in the Thereafter, when the president transmits to
offices of the President and Vice-President occurs, the president of the senate and to the speaker of
convene in accordance with its rules without need the House of Representatives his written
of a call and within seven days, enact a law calling declaration that no inability exists, he shall
for a special election to elect a President and a reassume the powers and duties of his office.
Vice-President to be held not earlier than forty-five Meanwhile should a majority of all members of the
days nor later than sixty days from the time of such cabinet transmit within five days to the President of
call. The bill calling such special election shall be the Senate and to the Speaker of the House of
deemed certified under paragraph 2, Section 26, Representatives, their written declaration that the
Article VI of this Constitution and shall become law President is unable to discharge the powers and
upon its approval on third reading by the Congress. duties of his office, the Congress shall decide the
Appropriations for the special election shall be issue. For that purpose, the Congress shall
charged against any current appropriations and convene, if it is not in session, within forty-eight
shall be exempt from the requirements of hours, in accordance with its rules and without
paragraph 4, Section 25, Article VI of this need of call.
Constitution. The convening of the Congress If the Congress, within ten days after receipt
cannot be suspended nor the special election of the last written declaration, or, if not in session,
postponed. No special election shall be called if the within twelve days after it is required to assemble,
vacancy occurs within eighteen months before the determines by a two-thirds vote of both Houses,
date of the next presidential election. voting separately, that the President is unable to
discharge the powers and duties of his office, the
Vice-President shall act as President; otherwise, - be financially interested in any contract with,
the President shall continue exercising the powers or in any franchise or special privilege.
and duties of his office.  The president is prohibited from appointing his
spouse and relatives by consanguinity or affinity
 Temporary inability during term within 4th civil degree as
To determine the inability of the president: - Member of constitutional commission,
- By written declaration made by the president - Members of ombudsman office,
himself as to his inability - Secretary, and undersecretary of bureau or
- By written declaration by the cabinet offices. Including government owned or
- In the event of the disagreement between the controlled corporation.
president and the cabinet, by a finding of
congress by 2/3 vote is disabled. SECTION 14:
- In all the cases the president take a “leave of . Appointments extended by an Acting
absence” and the vice-president temporarily President shall remain effective, unless revoked by
acts as the president. the elected President, within ninety days from his
assumption or resumption of office.
SECTION 12: Serious illness of the President
In case of serious illness of the President,
the public shall be informed of the state of his SECTION 15: Limitation of appointment
health. The members of the Cabinet in charge of Two months immediately before the next
national security and foreign relations and the Chief presidential elections and up to the end of his term,
of Staff of the Armed Forces of the Philippines, a President or Acting President shall not make
shall not be denied access to the President during appointments, except temporary appointments
such illness. to executive positions when continued vacancies
therein will prejudice public service or endanger
 In case of serious illness of the president, the public safety.
public shall be informed of the state of his
health. The secretary of national defense, the PRESIDENT ACTING PRESIDENT
Nepotism Appointments extended
secretary of foreign affairs, and the chief of staff
Art 3 sec 13 by an acting president
shall not be denied access to the president shall remain effective
during such illness. unless revoked by the
elected president within
SECTION 13: Inhibitions 90 days from his
The President, Vice-President, the assumption.
Members of the Cabinet, and their deputies or Midnight appointments (art 7 sec 15)
assistants shall not, unless otherwise provided in
this Constitution, hold any other office or SECTION 16: Power of Appointment
employment during their tenure. They shall not, The President shall nominate and, with
during said tenure, directly or indirectly, practice the consent of the Commission on
any other profession, participate in any business, Appointments, appoint the heads of the
or be financially interested in any contract with, or executive departments, ambassadors, other
in any franchise, or special privilege granted by the public ministers and consuls, or officers of the
Government or any subdivision, agency, or armed forces from the rank of colonel or naval
instrumentality thereof, including government- captain, and other officers whose appointments
owned or controlled corporations or their are vested in him in this Constitution. He shall
subsidiaries. They shall strictly avoid conflict of also appoint all other officers of the Government
interest in the conduct of their office. whose appointments are not otherwise provided for
The spouse and relatives by consanguinity by law, and those whom he may be authorized by
or affinity within the fourth civil degree of the law to appoint. The Congress may, by law, vest the
President shall not, during his tenure, be appointed appointment of other officers lower in rank in the
as Members of the Constitutional Commissions, or President alone, in the courts, or in the heads of
the Office of the Ombudsman, or as Secretaries, departments, agencies, commissions, or boards.
Undersecretaries, chairmen or heads of bureaus or The President shall have the power to make
offices, including government-owned or controlled appointments during the recess of the Congress,
corporations and their subsidiaries. whether voluntary or compulsory, but such
appointments shall be effective only until
 Inhibitions. To prevent abuse of office to disapproved by the Commission on Appointments
personal advantage. The president, vice- or until the next adjournment of the Congress.
president, members of the cabinet are
prohibited  Power of appointment. An appointment is the
 During their tenure: act of designation by the executive officer.
- Cannot hold any other office.  Presidential appointments subject to
- practice any other profession confirmation by the commission on
- participate in any business or appointment are the following:
 1. Heads of executive departments violence, invasion or rebellion. In case of rebellion,
2. Ambassadors, other public ministers and when the public safety requires it, he may, for a
consuls. period not exceeding sixty days, suspend the
3. Office of the armed forces of the Philippines privilege of the writ of habeas corpus or place in
with the rank of colonel or naval captain the Philippines or any part thereof under martial
4. Other officers whose appointments are vested law. Within forty-eight hours from the proclamation
in the president in the president under the of martial law or the suspension of privilege of the
constitution. writ of habeas corpus. The president shall submit a
a. Chairman and members of the report in person or in writing to the congress. The
constitutional commissions. congress voting jointly, by a vote of at least a
b. Regular members of the judicial and bar majority of its members in regular or special
council composed of integrated bar of the session, may revoke such proclamation or
Philippines (ibp) suspension, which revocation shall not be set aside
 All other officers of the government whose by the president. Upon the initiative of the
appointment are not otherwise provided by law. president, the congress may, in the same manner,
 Those whom the president may be authorized extend such proclamation or suspension for a
by law to appoint ( e.g. Chairman and members period to be determined by the congress. If the
if the commission on human rights) invasion or rebellion shall persist a public safety
 Officers lower in rank whose appointments requires it.
congress may by law vest in the president
alone. Powers as commander-in-chief. Civilian authority
shall at all times be supreme over the military. By
 Kinds of appointment making the president the commander-in-chief of all
1. Regular appointment- armed forces the constitution lessen the danger of
- made by the president a military takeover that is anathema to a republican
- Congress is in session, government.
- Upon approval of the commission on
appointment. Powers.
2. Ad interim appointment- 1. Call out the armed forces to prevent or
- made by the president suppress lawless violence, invasion or
- Congress is not in session, rebellion.
- takes effect immediately.  To contain rebel groups and bandits in the
REGULAR AD INTERIM country side.
1.nomination – by pres 1. appointment - coa
2. consent- coa 2. confirmation 2. Suspend the privilege of the writ of habeas
3. appointment corpus;
4.Acceptance/ oath of  Writ of habeas corpus. Is an order from the
office
court directed to a person detaining another
commanding him to produce the body of the
SECTION 17: Control of Executive Departments person in his custody at a designated date, time
The President shall have control of all the place and cause of detention
executive departments, bureaus, and offices. He  Requisites for valid exercise:
shall ensure that the laws be faithfully executed.
- There must be an invasion or rebellion; and
- The public safety requires the suspension.
 Control of executive department.
 Effects of the suspension of the privilege.
Executive department are adjunct of the
president established for proper distribution of - Only applied to a person who are “judicially
his work charged” for rebellion.
 Each department is headed by a secretary  The general rule is that no person can be
who shall assume the burden and all arrested without warrant of arrest
responsibilities of all activities of the
government 3. Proclaim martial law.
 Control is the power to substitute one’s own  Martial law proper that is, military law, in case of
judgement for that of a subordinate. insurrection, riots and invasions, is not a
substitute for the civil law, but is rather an aid to
 Under the doctrine of qualified political
execution of civil law.
agency, the different executive departments
are mere adjunct of the president. The  Martial law is founded upon the principle that
secretaries are the alter ego of the president. the state has the right to protect itself against
They are extension of his personality those who would destroy it.
 Requisites:
SECTION 18: Powers of commander-in-chief - There must be an invasion or rebellion; and
The president shall be the commander in - The public safety requires the suspension.
chief of all armed forces of the Philippines and  Effects of proclamation of martial law.
whenever it became necessary, he may call out Despite the declaration of martial law the
such armed forces to prevent or suppress lawless operation of constitution can’t be suspended.
 Does not automatically suspend the privilege of Except in the cases of impeachment, or as
writ of habeas corpus President can suspend otherwise provided in this constitution, the
the privilege even as he proclaims martial law, president may grant reprieves, commutations, and
but he must so suspend it expressly and pardons and remit fines and forfeitures, after
separately. conviction by final judgement.
 Role of the Congress. Proclamation of martial He shall also have the power to grant
law, effective for 60 days unless sooner amnesty with concurrence of a majority of all
revoked by the congress. members of the congress.
 Role of the Supreme Court. Review, in an
appropriate proceeding filed by any citizen, the Object of pardon. The object of pardon is to afford
sufficiency of factual basis of proclamation of relief from undue harshness or evident mistake in
martial law. Must promulgate its decision the operation and enforcement of the criminal law.
thereon within 30 days from filling it.
Pardon. Is an act of grace, proceeding from the
LIMITATION. power entrusted with the execution of the laws.
It is limited power confined to cases of
actual invasion or imminent danger of invasion and Commutation. Substitution of a less for a greater
the authority to decide whether there is invasion, punishment.
insurrection or rebellion, belongs exclusively to the
president. The power itself is to be exercised upon Reprieve. Temporary suspension execution.
sudden emergency and under circumstances which
may be vital to the existence of the state. Amnesty. Act granting oblivion or general pardon
for past acts. Usually political offenses.
The congress if not in session, shall within
twenty four hours following such proclamation of Probation. After and before serving sentence, is
martial law or the suspension of the privilege of the released subject to conditions imposed by the
writ of habeas corpus or the extension thereof, and court.
must promulgate its decision thereon within 30
days from its filling. Parole. Suspension of the sentence of a convict
granted.
 Joint Session Voting (a7 s18)
- The vote separately except for one instance: Distinctions:
when they revoke or extend the proclamation of Pardon & Probation
martial law or the suspension of the privilege of  In both cases, there must be final judgement
habeas corpus. and the convict must be exempted from the
e. When congress, acting as board of service of sentence
canvasser, breaks the tie between two or  Pardon- granted by the chief of executive for
more candidates for the president and the any crime.
vice president.  Probation- is granted by the court after
f. When congress decides on the question of investigation by a probation officer. For only
the presidents inability to discharge the cases where the penalty imposed does not
powers and functions of his office. exceed 6 years and 1 day.
g. When the congress declares the existence
of a state of war. Pardon & Parole
h. When there is vacancy in the office of the  Pardon- may be granted by the Chief Executive
vice-president and congress has to conform under the constitution at any time after final
the nomination made by the president. judgement of conviction, even before service.
- Convicts a freeman
A state martial law does not suspend the  Parole- is granted by the board of pardon and
operation of the constitution, nor supplant the parole under the indeterminate sentence law.
functioning of the civil courts or legislative - Is not free because he must submit to periodic
assemblies, nor authorized the conferment of examination by the board of parole.
jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor Pardon & Amnesty
automatically suspend the privilege of the writ of  Pardon- granted for common crimes
habeas corpus. - Individuals
The suspension of the privilege of the writ of - After conviction
habeas corpus, any person thus arrested or - Looks forward and relieve the offender from the
detained shall be judicially charged within 3 days,
consequence of an offense
otherwise he shall be released.
- Private act of the president
He shall also have the power to grant
amnesty with concurrence of a majority of all  Amnesty- political crimes
members of the congress. - Group, class, community
- Even before the trial
SECTION 19: Pardon - Looks backward
- Public act of the president session as the basis of the general appropriations
bill, a budget of expenditure and sources of
Limitation financing, including receipts from existing and
1. A person who has been removed from the office proposed revenue measures.
by way of impeachment cannot be granted
pardon, by explicit provision of the constitution.  Prepare and submit the budget. Budget is
However, after the officer impeached is plan indicating the expenditures of government,
subjected to prosecution and convicted in an sources of financing and receipts from revenue
ordinary criminal action he can still be given a raising measures.
pardon.  Veto power. As general all bills must be
2. No pardon, amnesty, parole or suspension of approved by the president before they became
sentence for violation of election laws, rules and a law except when the veto of the president is
regulations shall be granted by the president overridden by 2/3 vote.
without favorable recommendation with the  Fixing Tariff rates. The reason for the
commission on elections. delegation is highly technical nature of
international commerce and the need to
Kinds of Pardon constantly and with relative ease adapt the
1. Absolute Pardon. Wipes out all the penalties. rates to prevailing commercial standards.
2. Conditional Pardon. Imposes faithful
compliance with certain requirements. SECTION 23: Address congress
The president shall address the congress at
SECTION 20: Power to contract guarantee loans the opening of its regular session. He may also
The president may contract or guarantee appear before it at any over time.
foreign loans on behalf of the republic of the
Philippines with the prior concurrence of the Address to the congress. Every 4th Monday of
monetary board, and subject to such limitation as July the president deliver state of the nation
may be provided by law. The monetary board shall address, which contains proposal of legislations.
within 30 days from the end of every quarter of the
calendar year, submit to the congress a complete Pertains to the power over legislation
report of its decision on application for loans to be 1. Power to address congress
contracted or guaranteed by the government or 2. Power to prepare and submit the budget
government owned and controlled corporation 3. Veto power
which would have the effect of increasing the 4. Fixing tarrif rates
foreign debt and containing other matters as may 5. Immunity from suit/ doctrine of executive
be provided by law. immunity.

SECTION 21: Power over foreign affairs ART. 8 JUDICIARY DEPARTMENT

No treaty or international agreement shall  Interprets the law
be valid and effective unless concurred in by at  Plays a major role in the structuring of the
least two-thirds of all members of senate. fundamental aspect of law and justice.
Power over foreign affairs SECTION 1 : Jurisdiction
 Treaty- making power. President as the Judicial power includes the duty of the
spokesperson in foreign relation which involves courts of justice to settle actual controversies
negotiating and entering into treaties and involving rights which are legally demandable and
executive agreements. Treaties are normal enforceable, and to determine whether or not there
documents involving political issues or has been a grave abuse of discretion amounting to
questions of national policies. Example of lack or excess of jurisdiction on the part of any
treaties are agreement on taxes, extradition and branch or instrumentality of the Government.
alliances. Example of executive agreements are  Judicial power is vested in the supreme court
those relating postal conventions, tariff rates,  Judicial power
copyrights and most- favored nation clauses. - Settle actual controversies Involving rights
 Deportation of undesirable aliens. Depends which are legally demandable and enforceable.
on the right of every state. The president is the - Interpret the law to make it enforceable and
sole judge of the facts and circumstances which binding at all.
require the deportation of aliens and does not - Incidental power to discharge judiciary function.
require to show reasonable grounds.
 Executive Privilege. Right of the president and
 Jurisdiction
high level executive branch officers to withhold
- is defined as the authority of the court to hear
information from the congress, the courts and
and decide a case
ultimately the public.
- Except provided in the constitution, the
SECTION 22: Prepare and submit the budget jurisdiction of courts is a matter of legislative
The president shall submit to the congress, determination.
within 30 days from the opening of every regular
- The constitution however sets certain limitation  The Supreme Court shall be composed of a
on the prerogative. It cannot decrease the Chief Justice and 14 Associate Justices. It
constitutionality set jurisdiction of the Supreme may sit en banc or in its discretion, in division
Court. Enumerated in art 8 sec 5. of three, five, or seven Members.
- It cannot pass a law reorganizing the judiciary
when it undermines the security of tenure of its  Sitting procedure
members. - Supreme court may be sit en banc or in
division of 3, 5 or 7 members
SECTION 2. Tenure - On the basis of 15 members, the number of
The Congress shall have the power to division will be 5, 3 or 2 meeting separately
define, prescribe, and apportion the jurisdiction of - In case of 2 division, there will be 8 members
the various courts but may not deprive the including the chief justice in 1 division and 4 in
Supreme Court of its jurisdiction over cases other division.
enumerated in Section 5 hereof.
No law shall be passed reorganizing the  En banc Cases. All cases shall be decided with
Judiciary when it undermines the security of tenure the concurrence of a majority of all members
of its Members. who actually took part in the deliberation on the
issues in the case and voted.
 Tenure  The ff. should be heard by the supreme
- Lower court can be reorganize, as the Supreme court en banc:
Court may not be reorganized as it is a creation of 1. Cases involving Constitutionality of a treaty,
the constitution. international and executive agreement,
executive orders, presidential decrees,
SECTION 3: Fiscal Autonomy proclamations, orders, instructions,
The Judiciary shall enjoy fiscal autonomy. ordinances, and other regulations. (a8 s4 p2)
Appropriations for the Judiciary may not be 2. Criminal cases in which the appealed
reduced by the legislature below the amount decision imposes death penalty.
appropriated for the previous year and, after 3. Cases raising novel questions of law.
approval, shall be automatically and regularly 4. Cases involving ambassador, other public
released. ministers and consuls.
 Priority on the budget 5. Cases or matters heard by a division where
 To discharge their function independently the required number of votes to decide or
SECTION 4: Mode of sitting resolve is not met. (a8 s4 p3)
(1) The Supreme Court shall be composed 6. Cases intended to modify or reverse a
osf a Chief Justice and fourteen Associate doctrine or principle of law laid down by the
Justices. It may sit en banc or in its discretion, in court in a decision rendered in the en banc
division of three, five, or seven Members. Any or division
vacancy shall be filled within ninety days from the 7. Administrative disciplinary cases involving
occurrence thereof. dismissal of judges of tower courts, officers
(2) All cases involving the or employee of the judiciary, disbarment of
constitutionality of a treaty, international or lawyers or either suspension more than (1)
executive agreement, or law, which shall be heard year period or fine exceeding 10,000 or both.
by the Supreme Court en banc, and all other 8. Action instituted by citizen to test the validity
cases which under the Rules of Court are of martial law or suspension of privilege of
required to be heard en banc, including those writ of habeas corpus.
involving the constitutionality, application, or 9. Electoral contest involving the president and
operation of presidential decrees, proclamations, the court is sitting as presidential electoral
orders, instructions, ordinances, and other tribunal. (a8 s4 p7)
regulations, shall be decided with the concurrence 10. Cases assigned to division which in the
of a majority of the Members who actually took part opinion of at least 3 members thereof merit
in the deliberations on the issues in the case and the attention of the court sitting enbanc and
voted thereon. are acceptable to a majority of the actual
(3) Cases or matters heard by a division membership of the court sitting en banc.
shall be decided or resolved with the concurrence 11. All other cases as the court en banc by a
of a majority of the Members who actually took part majority of its actual membership may
in the deliberations on the issues in the case and deemed of sufficient importance to merit its
voted thereon, and in no case without the attention.
concurrence of at least three of such Members.
When the required number is not obtained, the  Division Cases
case shall be decided en banc: Provided, that no - The constitution allows the Supreme Court to sit
doctrine or principle of law laid down by the court in in division to enable it to cope more effectively
a decision rendered en banc or in division may be with the backlog of the cases in its docket.
modified or reversed except by the court sitting en - Cases should be decided with concurrence of a
banc. majority of the members who actually took part
 on the deliberation of the issue at least of three authorized by law, may file to the supreme
members. courta verified petition for review on certiorari.
- No doctrine or principle of law laid down by the
court in decision rendered en banc or in division Certiorari under rule 65
may be modified or reversed except by the - When any tribunal board or board officer
court sitting en banc. exercising judicial or quasi-judicial function has
 One supreme court acted without or in excess its or his jurisdiction
- Decision of the division is the decision of the or with grave abuse of discretion amounting to
Supreme Court. lack or excess of jurisdiction.
 Lower Courts Lower Courts
- Creation and composition of lower court shall - There is in effect a constitutional conferment of
be provided by law. BP 129 original jurisdiction on the lower courts in those
five cases for the Supreme Court is granted
SECTION 5: Power of the Supreme court appellate jurisdiction under the provision Sec 5
The Supreme Court shall have the following p2. Lower court can pass upon the validity of a
powers: statute in the first instance.
(1)Exercise original jurisdiction over cases
affecting ambassadors, other public ministers and (3) Assign temporarily judges of lower courts to
consuls, and over petitions for certiorari, other stations as public interest may require. Such
prohibition, mandamus, quo warranto, and habeas temporary assignment shall not exceed six months
corpus. without the consent of the judge concerned.

 Original Jurisdiction  Detailing of lower court judges

- The Supreme Court does not have jurisdiction - To enable judges with clogged docket to be
over declaratory relief cases, which may be aided by other judges and to provide for the
filled with the RTC. replacement of substitute of the regular judge
- Jurisdiction of supreme court over first class who may not be expected to be impartial in
cases – Regional trial court deciding a particular case.
- Jurisdiction of Supreme Court over second
group (special civil action) – Court of appeals (4) Order a change of venue or place of trial to
and the Regional trial court. avoid a miscarriage of justice.

(2) Review, revise, reverse, modify, or affirm on  Other powers of the Supreme Court
appeal or certiorari, as the law or the Rules of a. Order to change venue or place of trial, in order
Court may provide, final judgments and orders of to avoid miscarriage of justice.
lower courts in: b. Promulgate rules concerning the protection and
a) All cases in which the constitutionality or enforcement of constitutional rights and legal
validity of any treaty, international or assistance to the underprivileged.
executive agreement, law, presidential c. Promulgate rules concerning pleadings,
decree, proclamation, order, instruction, practice and procedure in all courts.
ordinance, or regulation is in question. Limitation:
b) All cases involving the legality of any tax, - Such rules provide a simplified and inexpensive
impost, assessment, or toll, or any penalty procedure for the speedy disposition of cases.
imposed in relation thereto. - They shall be uniform for all courts of the same
c) All cases in which the jurisdiction of any grade.
lower court is in issue. - They should not diminished, increase or modify
d) All criminal cases in which the penalty substantive rights.
imposed is reclusion perpetua or higher. d. Admission to the practice of law
e) All cases in which only an error or question - Every year the Supreme Court administers the
of law is involved. examination in the eight bar subject for the
purpose of determining who should be admitted
 Appellate Jurisdiction to the practice of law.
1. Appeal e. Integration of the bar
- Under the rules of court, a direct appeal to the - Means the official unification of the entire lawyer
Supreme Court is allowed in criminal case with population of the Philippines.
penalty imposed is death, reclusion perpertua
or life imprisonment. (5) Promulgate rules concerning the protection
and enforcement of constitutional rights, pleading,
2. Petition for review on certiorari practice, and procedure in all courts, the admission
Certiorari under rule 45 to the practice of law, the integrated bar, and legal
- a party desiring to appeal by certiorari from a assistance to the underprivileged. Such rules shall
judgement or final order or resolution of the provide a simplified and inexpensive procedure for
court of appeals, the Sandiganbayan, the the speedy disposition of cases, shall be uniform
regional trial court or other court whenever for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights.  Qualification of Mem. of Lower Collegiate
Rules of procedure of special courts and quasi- Court (Court of Appeals Justices) (a8 s7 p1)
judicial bodies shall remain effective unless - Naturalized born Filipino.
disapproved by the Supreme Court. - The congress shall prescribe the qualifications.
(6) Appoint all officials and employees of the - Must be proven competence, integrity probity
Judiciary in accordance with the Civil Service Law. and independence.

 Rulemaking power of the Supreme court  Qualification of Mem. of Lower (a8 s7 p3)
- Protection and enforcement of constitutional - The congress shall prescribe the qualifications.
rights - Filipino citizen.
- Pleadings - Member of Philippine bar.
- Practice of law - Must be proven competence, integrity probity
- Procedure and independence.
- Admission to the practice of law
- Integrated bar SECTION 8: Judicial Bar Council
o General Purpose of ibp (1) A Judicial and Bar Council is hereby
o To elevate the standard of the legal profession created under the supervision of the Supreme
o To improve the admission of justice Court composed of the Chief Justice as ex
o To enable the bar to discharge its public officio Chairman, the Secretary of Justice, and a
responsibility more effective. representative of the Congress as ex
 Limitation of rulemaking power officio Members, a representative of the Integrated
- Rule shall provide a simplified and inexpensive Bar, a professor of law, a retired Member of the
procedure for the speedy disposition of cases. Supreme Court, and a representative of the private
- They shall be uniform for all courts of the same sector.
grade.
- They shall not diminish, increase or modify  Judicial Bar Council
substantive rights. Composition
- Ex-officio Members
SECTION 6: Administrative Supervision over 1. Chief Justice as ex-officio chairman
lower courts 2. Secretary of justice
The Supreme Court shall have 3. Representative of congress
administrative supervision over all courts and the - Regular Member
personnel thereof. 1. Representative of the integrated bar
- Sc exercise administrative supervision over all 2. Professor of law
the court from court of appeals down to the 3. Retired member of the SC
lowest court. 4. Representative of private sector
- Secretary Ex-officio Members
SECTION 7: Qualification 1. Clerk of the supreme court
(1) No person shall be appointed Member
of the Supreme Court or any lower collegiate court (2) The regular members of the Council
unless he is a natural-born citizen of the shall be appointed by the President for a term of
Philippines. A Member of the Supreme Court must four years with the consent of the Commission on
be at least forty years of age, and must have been Appointments. Of the Members first appointed, the
for fifteen years or more, a judge of a lower court or representative of the Integrated Bar shall serve for
engaged in the practice of law in the Philippines. four years, the professor of law for three years, the
(2) The Congress shall prescribe the retired Justice for two years, and the representative
qualifications of judges of lower courts, but no of the private sector for one year.
person may be appointed judge thereof unless he (3) The Clerk of the Supreme Court shall be
is a citizen of the Philippines and a member of the the Secretary ex officio of the Council and shall
Philippine Bar. keep a record of its proceedings.
(3) A Member of the Judiciary must be a (4) The regular Members of the Council
person of proven competence, integrity, probity, shall receive such emoluments as may be
and independence. determined by the Supreme Court. The Supreme
Court shall provide in its annual budget the
 Qualification of Members of the Supreme appropriations for the Council.
court (a8 s7 p1) (5) The Council shall have the principal
- Naturalized born Filipino function of recommending appointees to the
- At least 40 years of age with 15 yrs of Judiciary. It may exercise such other functions and
experience either as a judge of a lower court or duties as the Supreme Court may assign to it.
engage in practice of law.
- Must be proven competence, integrity probity  Functions of Judicial Bar council
and independence. 1. recommend appointees to the judiciary
2. recommend appointees to the office the
ombudsman and his 5 deputies
 3. Perform such other function and duties as - Members of the Supreme Court cannot be
the Supreme Court may assign. removed except by impeachment.
- A Supreme Court justice cannot be charged in a
SECTION 9: Appointment criminal case or a disbarment proceeding
The Members of the Supreme Court and because the ultimate effect of either is to
judges of the lower courts shall be appointed by the remove him from office, and thus, circumvent to
President from a list of at least three nominees the provision on impeachment.
prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.  Lower Courts(a8 s11)
For the lower courts, the President shall issue the - Members of the Supreme Court and judges of
appointments within ninety days from the lower courts shall hold office during good
submission of the list. behavior.

 Appointment (a8 s9 p1) SECTION 12: Prohibition of non-juridical work

- Judicial and bar council shall screen all the The Members of the Supreme Court and of
nominees to the judiciary. other courts established by law shall not be
- President recommend at least 3 nominees for designated to any agency performing quasi-judicial
every vacancy. or administrative functions.
- Confirmation of the CoA is no longer required.
 General Rule: members of judiciary shall only
 Vacancies have judicial functions, in line with the
- Supreme Court separation of powers principle of the
- Vacancy in the Supreme Court shall be filled constitution.
within 90 days from concurrence of vacancy.
SECTION 13: Deliberation in the Supreme Court
- Lower Courts (a8 s9 p2) The conclusions of the Supreme Court in any
- The president shall issue the appointments case submitted to it for decision (refers to the
within 90 days from the submission of the list decision in judicial) en banc or in division shall be
(list from the judicial bar council) reached in consultation before the case is assigned
to a Member for the writing of the opinion of the
SECTION 10: Salary Court. A certification to this effect signed by the
The salary of the Chief Justice and of the Chief Justice shall be issued and a copy thereof
Associate Justices of the Supreme Court, and of attached to the record of the case and served upon
judges of lower courts, shall be fixed by law. During the parties.
their continuance in office, their salasry shall not be Any Member who took no part, or dissented, or
decreased. abstained from a decision or resolution, must state
the reason therefor. The same requirements shall
 Salary of members of the judiciary shall be fixed be observed by all lower collegiate courts.
by law and shall not decrease during their
continuance in the office. However it may  Deliberation in the Supreme Court (p1)
increase by legislation to take effect at once - The reason for the requirement that the
 The judiciary plays no part in the passage of the decision must be reached in consultation is to
law on salary increase unlike the congress and emphasize the fact that Supreme Court is a
executive. collegial body so that the decision (refers to the
decision in judicial) of the case is by the court
SECTION 11: Tenure of Judges itself and not the ponente. The writer’s opinion
The Members of the Supreme Court and judges is usually the spokesman of the body.
of lower courts shall hold office during good  Lower courts
behavior until they reach the age of seventy years - The same requirements shall be observed by all
or become incapacitated to discharge the duties of lower collegiate courts.
their office. The Supreme Court en banc shall have  Dissenting vote
the power to discipline judges of lower courts, or - For the decision on the merits, if a member
order their dismissal by a vote of a majority of the who took no part, dissented or abstained are
Members who actually took part in the deliberations required to write their reason
on the issues in the case and voted thereon. - Even those who took no part in the deliberation
but were present, and those who abstained, are
 Tenure required to write their reason, for these are
- Age retirement 70 really form of casting votes.
- Lower court can be reorganize, as the Supreme
Court may not be reorganized as it is a creation of
SECTION 14. Writing the decision
the constitution. (a8 s2 p2)
No decision shall be rendered by any court
without expressing therein clearly and distinctly the
 Removal (a11 s2)
facts and the law on which it is based.
 Supreme court
 No petition for review or motion for - Failure to decide has no consequence to the
reconsideration of a decision of the court shall be case, thus a certification is required that the
refused due course or denied without stating the period had lapse without any decision being
legal basis therefor. made, stating the reason for such inaction.
- The possible consequence of the judge is
 Writing Decision withholding of salary since he would not be able
- Decision have to be justified- clear, complete, to certify that he has resolved all cases
concise, express clearly and distinctly the facts submitted to in 90 days
 Supreme Court and court of appeals - He may be subjected to administrative sanction.
- This rule is address to the one to whom the
writing of the opinion was assigned after SECTION 16: Annual Report
consultation that is the ponente. The Supreme Court shall, within thirty days
 Lower Courts from the opening of each regular session of the
- Address to the judge Congress, submit to the President and the
Congress an annual report on the operations and
 Petition for review and motion for activities of the Judiciary.
reconsideration
- This rule applies to the dismissal of a motion for ART 9: CONSTITUTIONAL COMMISSION
reconsideration of a decision on the merits.  Guarantees of independence
- The commission administering these functions
SECTION 15: Periods on deciding cases are created by the Constitution and expressly
(1) All cases or matters filed after the described as independent
effectivity of this Constitution must be decided or - The chairman and the members has fixed
resolved within twenty-four months from date of staggered terms of office for continuality and to
submission for the Supreme Court, and, unless lessen the chances of a single president
reduced by the Supreme Court, twelve months for appointing a majority of their membership. They
all lower collegiate courts, and three months for are removable only by impeachment and enjoy
all other lower courts. fiscal autonomy and may appointment their own
(2) A case or matter shall be deemed official and employees in accordance with the
submitted for decision or resolution upon the filing civil service law.
of the last pleading, brief, or memorandum required
by the Rules of Court or by the court itself. SECTION 1: The commission
(3) Upon the expiration of the corresponding The Constitutional Commissions, which
period, a certification to this effect signed by the shall be independent, are the Civil Service
Chief Justice or the presiding judge shall forthwith Commission, the Commission on Elections, and
be issued and a copy thereof attached to the the Commission on Audit.
record of the case or matter, and served upon the
parties. The certification shall state why a decision CSC COMELEC COA
Composition
or resolution has not been rendered or issued
1 chairman 1 chairman 1 chairman
within said period. 2 commisioner commisioner 2 commisioner
(4) Despite the expiration of the applicable  Qualification (Common)
mandatory period, the court, without prejudice to - Natural born citizen
such responsibility as may have been incurred in - At least 35 years old at the age of appointment
consequence thereof, shall decide or resolve the - Must not been candidate for any elective office
case or matter submitted thereto for determination, immediately preceding their appointment.
- No candidate who lost in any election shall, within one
without further delay. year after such election, be appointed to any office in
the government or any GOCC.
Additional Qualification
Must have proven -They must be - Must be a CPA
 Periods on deciding cases capacity for public holders of college w. atleast 10
administration (a9 degree years’ experience
 Supreme Court- 24 months; exception when a s8). -Majority there of if auditing or
citizen filed a petition to question the sufficiency shall be including member of IBP
the factual basis for the suspension of the the chairman who have been
privilege of writ of habeas corpus for must be members engage in the
of the Philippine practice of law for
proclamation of martial law which must be bar who have 10 yrs.
resolve within 30 days from filling. been engage in - at no time all
 Lower collegiate courts (Court of Appeals) – practice of law for members of the
12 months. at least 10 years. commission
belong to the
 All other lower courts- 3 months unless same profession.
reduced by the supreme court Appointment
The chairman and commissioners shall be appointed by
 If a judge or court fails to meet the deadline the president with consent of the commission on
appointment for a 7 years with reappointment,
- The certification shall state why a decision or Rational Scheme
resolution has not been rendered or issued. Chairman 7 years
 Commissioner 5 years Each Commission shall perform such other
Commissioner 3 years functions as may be provided by law.

Section 2: Disqualification B. THE CIVIL SERVICE COMMISSION

No member of a Constitutional
Commission shall, during his tenure, hold any other Section 1: Scope
office or employment. Neither shall he engage in (1) The civil service shall be administered
the practice of any profession or in the active by the Civil Service Commission composed of a
management or control of any business which, in Chairman and two Commissioners who shall be
any way, may be affected by the functions of his natural-born citizens of the Philippines and, at the
office, nor shall he be financially interested, directly time of their appointment, at least thirty-five years
or indirectly, in any contract with, or in any of age, with proven capacity for public
franchise or privilege granted by the Government, administration, and must not have been candidates
any of its subdivisions, agencies, or for any elective position in the elections
instrumentalities, including government-owned or immediately preceding their appointment.
controlled corporations or their subsidiaries. (2) The Chairman and the Commissioners
 No member of a constitutional commission shall be appointed by the President with the
shall, during his tenure: consent of the Commission on Appointments for a
a. Hold any other office or employment term of seven years without reappointment. Of
b. Engage in practice of any profession those first appointed, the Chairman shall hold office
c. Engage in the activity management or for seven years, a Commissioner for five years,
control of any business, which in any way and another Commissioner for three years, without
may be affected by the functions of his reappointment. Appointment to any vacancy shall
office. be only for the unexpired term of the predecessor.
d. Be financially interested, directly or In no case shall any Member be appointed or
indirectly in or any gocc. designated in a temporary or acting capacity.

Section 3: Salary  CSC covers all branches instrumentalities,

The salary of the Chairman and the subdivision, and agencies of the government
Commissioners shall be fixed by law and shall not including government owned or controlled
be decreased during their tenure. corporation created under a special charter.
1. Employees of GOCC with original charters
Section 4: are covered by the civil service law while
The Constitutional Commissions shall those created under general corporation law
appoint their officials and employees in accordance are covered by the labor code.
with law. 2. Employees of GOCC with original charters
cannot go on strike
Section 5: Fiscal Autonomy 3. The office of the ombudsman has
The Commission shall enjoy fiscal jurisdiction over offenses committed by
autonomy. Their approved annual appropriations officers and employees of all GOCC
shall be automatically and regularly released. 4. GOCC without original charters may not be
directed to the ombudsman
Section 6 5. All GOCC are subjected to audit by COA
Each Commission en banc may promulgate 6. The Securities and Exchange
its own rules concerning pleadings and practice Commission has jurisdiction over GOCC
before it or before any of its offices. Such rules, established under corporation code.
however, shall not diminish, increase, or modify
substantive rights. Section 2: Merit System
(1) The civil service embraces all branches,
Section 7: Decisions subdivisions, instrumentalities, and agencies of the
Each Commission shall decide by a majority vote Government, including government-owned or
of all its Members, any case or matter brought controlled corporations with original charters.
before it within sixty days from the date of its (2) Appointments in the civil service shall be
submission for decision or resolution. A case or made only according to merit and fitness to be
matter is deemed submitted for decision or determined, as far as practicable, and, except to
resolution upon the filing of the last pleading, brief, positions which are policy-determining, primarily
or memorandum required by the rules of the confidential, or highly technical, by competitive
Commission or by the Commission itself. Unless examination.
otherwise provided by this Constitution or by law, (3) No officer or employee of the civil
any decision, order, or ruling of each Commission service shall be removed or suspended except for
may be brought to the Supreme Court cause provided by law.
on certiorari by the aggrieved party within thirty (4) No officer or employee in the civil
days from receipt of a copy thereof. service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
Section 8
 (5) The right to self-organization shall not be C. THE COMMISSION ON ELECTIONS
denied to government employees.
(6) Temporary employees of the Section 1:
Government shall be given such protection as may (1) There shall be a Commission on
be provided by law. Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens
Section 3: Submission of report of the Philippines and, at the time of their
The Civil Service Commission, as the central appointment, at least thirty-five years of age,
personnel agency of the Government, shall holders of a college degree, and must not have
establish a career service and adopt measures to been candidates for any elective positions in the
promote morale, efficiency, integrity, immediately preceding elections. However, a
responsiveness, progressiveness, and courtesy in majority thereof, including the Chairman, shall be
the civil service. It shall strengthen the merit and members of the Philippine Bar who have been
rewards system, integrate all human resources engaged in the practice of law for at least ten
development programs for all levels and ranks, and years.
institutionalize a management climate conducive to (2) The Chairman and the Commissioners
public accountability. It shall submit to the shall be appointed by the President with the
President and the Congress an annual report on its consent of the Commission on Appointments for a
personnel programs. term of seven years without reappointment. Of
those first appointed, three Members shall hold
Section 4: Oath of allegiance to the Constitution office for seven years, two Members for five years,
All public officers and employees shall take and the last Members for three years, without
an oath or affirmation to uphold and defend this reappointment. Appointment to any vacancy shall
Constitution. be only for the unexpired term of the predecessor.
In no case shall any Member be appointed or
Section 5: Standardization of pay designated in a temporary or acting capacity.
The Congress shall provide for the
standardization of compensation of government Section 2 : Submission of report
officials and employees, including those in The Commission on Elections shall
government-owned or controlled corporations with exercise the following powers and functions:
original charters, taking into account the nature of (1) Enforce and administer all laws and
the responsibilities pertaining to, and the regulations relative to the conduct of an election,
qualifications required for, their positions. plebiscite, initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction
Section 6: Rule making and other function over all contests relating to the elections, returns,
No candidate who has lost in any election and qualifications of all elective regional, provincial,
shall, within one year after such election, be and city officials, and appellate jurisdiction over all
appointed to any office in the Government or any contests involving elective municipal officials
Government-owned or controlled corporations or in decided by trial courts of general jurisdiction, or
any of their subsidiaries. involving elective barangay officials decided by trial
courts of limited jurisdiction.
Section 7: Decisions, final orders, or rulings of the
No elective official shall be eligible for Commission on election contests involving elective
appointment or designation in any capacity to any municipal and barangay offices shall be final,
public office or position during his tenure. executory, and not appealable.
Unless otherwise allowed by law or by the (3) Decide, except those involving the right
primary functions of his position, no appointive to vote, all questions affecting elections, including
official shall hold any other office or employment in determination of the number and location of polling
the Government or any subdivision, agency or places, appointment of election officials and
instrumentality thereof, including Government- inspectors, and registration of voters.
owned or controlled corporations or their (4) Deputize, with the concurrence of the
subsidiaries. President, law enforcement agencies and
instrumentalities of the Government, including the
Section 8: Double Compensation and Foreign Armed Forces of the Philippines, for the exclusive
Gift purpose of ensuring free, orderly, honest, peaceful,
No elective or appointive public officer or and credible elections.
employee shall receive additional, double, or (5) Register, after sufficient publication,
indirect compensation, unless specifically political parties, organizations, or coalitions which,
authorized by law, nor accept without the consent in addition to other requirements, must present
of the Congress, any present, emolument, office, or their platform or program of government; and
title of any kind from any foreign government. accredit citizens’ arms of the Commission on
Pensions or gratuities shall not be Elections. Religious denominations and sects shall
considered as additional, double, or indirect not be registered. Those which seek to achieve
compensation. their goals through violence or unlawful means, or
refuse to uphold and adhere to this Constitution, or
which are supported by any foreign government without the favorable recommendation of the
shall likewise be refused registration. Commission.
Financial contributions from foreign governments
and their agencies to political parties, Section 6
organizations, coalitions, or candidates related to A free and open party system shall be
elections, constitute interference in national affairs, allowed to evolve according to the free choice of
and, when accepted, shall be an additional ground the people, subject to the provisions of this Article.
for the cancellation of their registration with the Section 7
Commission, in addition to other penalties that may No votes cast in favor of a political party,
be prescribed by law. organization, or coalition shall be valid, except for
(6) File, upon a verified complaint, or on its those registered under the party-list system as
own initiative, petitions in court for inclusion or provided in this Constitution.
exclusion of voters; investigate and, where Section 8: Rule making and other function
appropriate, prosecute cases of violations of Political parties, or organizations or
election laws, including acts or omissions coalitions registered under the party-list system,
constituting election frauds, offenses, and shall not be represented in the voters’ registration
malpractices. boards, boards of election inspectors, boards of
(7) Recommend to the Congress effective canvassers, or other similar bodies. However, they
measures to minimize election spending, including shall be entitled to appoint poll watchers in
limitation of places where propaganda materials accordance with law.
shall be posted, and to prevent and penalize all
forms of election frauds, offenses, malpractices, Section 9
and nuisance candidates. Unless otherwise fixed by the Commission
(8) recommend to the President the removal in special cases, the election period shall
of any officer or employee it has deputized, or the commence ninety days before the day of election
imposition of any other disciplinary action, for and shall end thirty days thereafter.
violation or disregard of, or disobedience to, its
directive, order, or decision. Section 10
(9) Submit to the President and the Bona fide candidates for any public office
Congress, a comprehensive report on the conduct shall be free from any form of harassment and
of each election, plebiscite, initiative, referendum, discrimination.
or recall.
Section 11
Section 3 Decisions Funds certified by the Commission as
The Commission on Elections may sit en necessary to defray the expenses for holding
banc or in two divisions, and shall promulgate its regular and special elections, plebiscites,
rules of procedure in order to expedite disposition initiatives, referenda, and recalls, shall be provided
of election cases, including pre-proclamation in the regular or special appropriations and, once
controversies. All such election cases shall be approved, shall be released automatically upon
heard and decided in division, provided that certification by the Chairman of the Commission.
motions for reconsideration of decisions shall be
decided by the Commission en banc. D. THE COMMISSION ON AUDIT

Section 4 Section 1:
The Commission may, during the election (1) There shall be a Commission on Audit
period, supervise or regulate the enjoyment or composed of a Chairman and two Commissioners,
utilization of all franchises or permits for the who shall be natural-born citizens of the Philippines
operation of transportation and other public utilities, and, at the time of their appointment, at least thirty-
media of communication or information, all grants, five years of age, Certified Public Accountants with
special privileges, or concessions granted by the not less than ten years of auditing experience, or
Government or any subdivision, agency, or members of the Philippine Bar who have been
instrumentality thereof, including any government- engaged in the practice of law for at least ten
owned or controlled corporation or its subsidiary. years, and must not have been candidates for any
Such supervision or regulation shall aim to ensure elective position in the elections immediately
equal opportunity, time, and space, and the right to preceding their appointment. At no time shall all
reply, including reasonable, equal rates therefor, Members of the Commission belong to the same
for public information campaigns and forums profession.
among candidates in connection with the objective (2) The Chairman and the Commissioners
of holding free, orderly, honest, peaceful, and shall be appointed by the President with the
credible elections. consent of the Commission on Appointments for a
term of seven years without reappointment. Of
Section 5 those first appointed, the Chairman shall hold office
No pardon, amnesty, parole, or suspension for seven years, one Commissioner for five years,
of sentence for violation of election laws, rules, and and the other Commissioner for three years,
regulations shall be granted by the President without reappointment. Appointment to any
vacancy shall be only for the unexpired portion of efficiency. It shall submit such other reports as may
the term of the predecessor. In no case shall any be required by law
Member be appointed or designated in a temporary
or acting capacity. WHO AUDITS COA

Section 2: Fiscal Autonomy Internal audit - processes, control and check the
(1) The Commiss: ion on Audit shall have governance of COA
the power, authority, and duty to examine, audit,
and settle all accounts pertaining to the revenue Office of the auditor - audit the finances
and receipts of, and expenditures or uses of funds
and property, owned or held in trust by, or Quality assurance office – assess compliance
pertaining to, the Government, or any of its with the international standard
subdivisions, agencies, or instrumentalities,
including government-owned or controlled ART 11 : ACCOUNTABILITY OF PUBLIC OFFICERS
corporations with original charters, and on a post-
audit basis: Section 1.
(a) Constitutional bodies, commissions and Public office is a public trust. Public officers and
offices that have been granted fiscal autonomy employees must, at all times, be accountable to the
people, serve them with utmost responsibility, integrity,
under this Constitution;
loyalty, and efficiency; act with patriotism and justice,
(b) Autonomous state colleges and and lead modest lives.
universities;
(c) Other government-owned or controlled Section 2.
corporations and their subsidiaries; and The President, the Vice-President, the Members of the
(d) Such non-governmental entities Supreme Court, the Members of the Constitutional
receiving subsidy or equity, directly or indirectly, Commissions, and the Ombudsman may be removed
from or through the Government, which are from office on impeachment for, and conviction of,
required by law or the granting institution to submit culpable violation of the Constitution, treason, bribery,
to such audit as a condition of subsidy or equity. graft and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees may
However, where the internal control system of the
be removed from office as provided by law, but not by
audited agencies is inadequate, the Commission impeachment.
may adopt such measures, including temporary or
special pre-audit, as are necessary and appropriate Section 3. Impeachment
to correct the deficiencies. It shall keep the general (1) The House of Representatives shall have the
accounts of the Government and, for such period exclusive power to initiate all cases of impeachment.
as may be provided by law, preserve the vouchers
and other supporting papers pertaining thereto. (2) A verified complaint for impeachment may be filed by
(2) The Commission shall have exclusive any Member of the House of Representatives or by any
authority, subject to the limitations in this Article, to citizen upon a resolution or endorsement by any
Member thereof, which shall be included in the Order of
define the scope of its audit and examination,
Business within ten session days, and referred to the
establish the techniques and methods required proper Committee within three session days thereafter.
therefor, and promulgate accounting and auditing The Committee, after hearing, and by a majority vote of
rules and regulations, including those for the all its Members, shall submit its report to the House
prevention and disallowance of irregular, within sixty session days from such referral, together
unnecessary, excessive, extravagant, or with the corresponding resolution. The resolution shall
unconscionable expenditures or uses of be calendared for consideration by the House within ten
government funds and properties. session days from receipt thereof.

Section 3 (3) A vote of at least one-third of all the Members of the

House shall be necessary either to affirm a favorable
No law shall be passed exempting any
resolution with the Articles of Impeachment of the
entity of the Government or its subsidiaries in any Committee, or override its contrary resolution. The vote
guise whatever, or any investment of public funds, of each Member shall be recorded.
from the jurisdiction of the Commission on Audit.

(4) In case the verified complaint or resolution of

Section 4 : Submission of report impeachment is filed by at least one-third of all the
The Commission shall submit to the Members of the House, the same shall constitute the
President and the Congress, within the time fixed Articles of Impeachment, and trial by the Senate shall
by law, an annual report covering the financial forthwith proceed.
condition and operation of the Government, its
(5) No impeachment proceedings shall be initiated
subdivisions, agencies, and instrumentalities, against the same official more than once within a period
including government-owned or controlled of one year.
corporations, and non-governmental entities
subject to its audit, and recommend measures (6) The Senate shall have the sole power to try and
necessary to improve their effectiveness and decide all cases of impeachment. When sitting for that
purpose, the Senators shall be on oath or affirmation.
When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside, but b) Trial and decision. The Senate shall have the sole
shall not vote. No person shall be convicted without the power to try and decide all cases of impeachment.
concurrence of two-thirds of all the Members of the When sitting for that purpose, the Senators shall
Senate. be on oath or affirmation. When the President of
the Philippines is on trial, the Chief Justice of the
(7) Judgment in cases of impeachment shall not extend
Supreme Court shall preside, but shall not vote. A
further than removal from office and disqualification to
decision of conviction must be concurred in by at
hold any office under the Republic of the Philippines, but
the party convicted shall nevertheless be liable and least two-thirds of all the members of the Senate.
subject to prosecution, trial, and punishment, according
to law. c) Effect of Conviction: Removal from office and
disqualification to hold any office under the
(8) The Congress shall promulgate its rules on Republic of the Philippines. But the party convicted
impeachment to effectively carry out the purpose of this shall be liable and subject to prosecution, trial and
section.
punishment according to law.
1. Defined: A national inquest into the conduct of public
men. Section 4. Jurisdiction
The present anti-graft court known as the
2. Impeachable Officers: President, Vice President, Sandiganbayan shall continue to function and exercise
Chief Justice and Associate Justices of the Supreme its jurisdiction as now or hereafter may be provided by
Court, Chairmen and Members of the Constitutional law.
Commissions, and the Ombudsman. The foregoing
enumeration is exclusive. Composition of Sandiganbayan:
 1 chairman
3. Grounds for Impeachment Culpable violation of the  15 members with the rank and level of of justices
Constitution, treason, bribery, graft and corruption, of the court.
other high crimes, or betrayal of the public trust. This  Sitting in 5 division of 3 members each
enumeration is also exclusive.
Jurisdiction:

4. Procedure for Impeachment. Congress shall

promulgate its rules on impeachment to effectively Section 5.
carry out the purpose. There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be
known as Tanodbayan, one overall Deputy and at least
one Deputy each for Luzon, Visayas, and Mindanao. A
i. A verified complaint for impeachment may be separate Deputy for the military establishment may
filed by any Member of the House of likewise be appointed.
Representatives or by any citizen upon a
resolution of endorsement by any member Section 6.
thereof. The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be
ii. Included in the Order of Business within 10 appointed by the Ombudsman, according to the Civil
session days, and referred to the proper Service Law.
Committee within 3 session days.
Section 7.
The existing Tanodbayan shall hereafter be known as
iia) If the verified complaint is filed by at the Office of the Special Prosecutor. It shall continue to
least one-third of all the members of the function and exercise its powers as now or hereafter
House, the same shall constitute the Articles may be provided by law, except those conferred on the
of Impeachment, and trial by the Senate shall Office of the Ombudsman created under this
forthwith proceed. [There is no need to refer the Constitution.
same to the proper Committee.]
Section 8.
iii. The Committee, after hearing, and by a majority The Ombudsman and his Deputies shall be natural-born
vote of all its members, shall submit its report to citizens of the Philippines, and at the time of their
the House within 60 session days from such appointment, at least forty years old, of recognized
referral, together with the corresponding probity and independence, and members of the
Philippine Bar, and must not have been candidates for
resolution.
any elective office in the immediately preceding election.
The Ombudsman must have, for ten years or more,
iv. A vote of at least 1/3 of all the members of the been a judge or engaged in the practice of law in the
House shall be necessary either to affirm a Philippines.
favorable resolution with the Articles of During their tenure, they shall be subject to the same
Impeachment of the Committee. disqualifications and prohibitions as provided for in
Section 2 of Article IX-A of this Constitution.
a) Limitation on initiating of impeachment case: Not
more than once within a period of one year against Section 9.
the same official.
 The Ombudsman and his Deputies shall be appointed (5) Request any government agency for assistance and
by the President from a list of at least six nominees information necessary in the discharge of its
prepared by the Judicial and Bar Council, and from a list responsibilities, and to examine, if necessary, pertinent
of three nominees for every vacancy thereafter. Such records and documents.
appointments shall require no confirmation. All (6) Publicize matters covered by its investigation when
vacancies shall be filled within three months after they circumstances so warrant and with due prudence.
occur.
(7) Determine the causes of inefficiency, red tape,
Section 10. mismanagement, fraud, and corruption in the
The Ombudsman and his Deputies shall have the rank Government and make recommendations for their
of Chairman and Members, respectively, of the elimination and the observance of high standards of
Constitutional Commissions, and they shall receive the ethics and efficiency.
same salary which shall not be decreased during their
term of office. (8) Promulgate its rules of procedure and exercise such
other powers or perform such functions or duties as may
Section 11. be provided by law.
The Ombudsman and his Deputies shall serve for a term
of seven years without reappointment. They shall not be Section 14.
qualified to run for any office in the election immediately The Office of the Ombudsman shall enjoy fiscal
succeeding their cessation from office. autonomy. Its approved annual appropriations shall be
automatically and regularly released.
 7 years without reappointment
 It is not staggered like the members of the
constitutional commission. Cruz 759 Section 15.
 The ombudsman and his deputies are not allowed to The right of the State to recover properties unlawfully
acquired by public officials or employees, from them or
run for election immediately after following their
from their nominees or transferees, shall not be barred
cessation from office. Cruz 759 by prescription, laches, or estoppel.

Section 12. Section 16.

The Ombudsman and his Deputies, as protectors of the No loan, guaranty, or other form of financial
people, shall act promptly on complaints filed in any form accommodation for any business purpose may be
or manner against public officials or employees of the granted, directly or indirectly, by any government-owned
Government, or any subdivision, agency or or controlled bank or financial institution to the President,
instrumentality thereof, including government-owned or the Vice-President, the Members of the Cabinet, the
controlled corporations, and shall, in appropriate cases, Congress, the Supreme Court, and the Constitutional
notify the complainants of the action taken and the result Commissions, the Ombudsman, or to any firm or entity
thereof. in which they have controlling interest, during their
tenure.
Section 13.
The Office of the Ombudsman shall have the following Section 17.
powers, functions, and duties: A public officer or employee shall, upon assumption of
office and as often thereafter as may be required by law,
(1) Investigate on its own, or on complaint by any submit a declaration under oath of his assets, liabilities,
person, any act or omission of any public official, and net worth. In the case of the President, the Vice-
employee, office or agency, when such act or omission President, the Members of the Cabinet, the Congress,
appears to be illegal, unjust, improper, or inefficient. the Supreme Court, the Constitutional Commissions and
other constitutional offices, and officers of the armed
(2) Direct, upon complaint or at its own instance, any forces with general or flag rank, the declaration shall be
public official or employee of the Government, or any disclosed to the public in the manner provided by law.
subdivision, agency or instrumentality thereof, as well as
of any government-owned or controlled corporation with Section 18.
original charter, to perform and expedite any act or duty Public officers and employees owe the State and this
required by law, or to stop, prevent, and correct any Constitution allegiance at all times and any public officer
abuse or impropriety in the performance of duties. or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country
(3) Direct the officer concerned to take appropriate during his tenure shall be dealt with by law.
action against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine, ART 13: SOCIAL JUSTICE AND HUMAN RIGHTS
censure, or prosecution, and ensure compliance
therewith. Section 1.
The Congress shall give highest priority to the
(4) Direct the officer concerned, in any appropriate case, enactment of measures that protect and enhance the
and subject to such limitations as may be provided by right of all the people to human dignity, reduce social,
law, to furnish it with copies of documents relating to economic, and political inequalities, and remove
contracts or transactions entered into by his office cultural inequities by equitably diffusing wealth and
involving the disbursement or use of public funds or political power for the common good.
properties, and report any irregularity to the Commission To this end, the State shall regulate the acquisition,
on Audit for appropriate action.
ownership, use, and disposition of property and its
increments.
Section 2. domain under lease or concession suitable to
The promotion of social justice shall include the agriculture, subject to prior rights, homestead rights of
commitment to create economic opportunities based small settlers, and the rights of indigenous
on freedom of initiative and self-reliance. communities to their ancestral lands.
The State may resettle landless farmers and
LABOR farmworkers in its own agricultural estates which shall
be distributed to them in the manner provided by law.
Section 3.
The State shall afford full protection to labor, local Section 7.
and overseas, organized and unorganized, The State shall protect the rights of subsistence
and promote full employment and equality of fishermen, especially of local communities, to the
employment opportunities for all. preferential use of the communal marine and fishing
It shall guarantee the rights of all workers to self- resources, both inland and offshore. It shall provide
organization, collective bargaining and negotiations, support to such fishermen through appropriate
and peaceful concerted activities, including the right technology and research, adequate financial,
to strike in accordance with law. They shall be entitled production, and marketing assistance, and other
to security of tenure, humane conditions of work, and services. The State shall also protect, develop, and
a living wage. They shall also participate in policy and conserve such resources. The protection shall extend
decision-making processes affecting their rights and to offshore fishing grounds of subsistence fishermen
benefits as may be provided by law. against foreign intrusion. Fishworkers shall receive a
The State shall promote the principle of shared just share from their labor in the utilization of marine
responsibility between workers and employers and and fishing resources.
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their Section 8.
mutual compliance therewith to foster industrial The State shall provide incentives to landowners to
peace. invest the proceeds of the agrarian reform program to
The State shall regulate the relations between promote industrialization, employment creation, and
workers and employers, recognizing the right of labor privatization of public sector enterprises. Financial
to its just share in the fruits of production and the right instruments used as payment for their lands shall be
of enterprises to reasonable returns to investments, honored as equity in enterprises of their choice.
and to expansion and growth.
URBAN LAND REFORM AND HOUSING
AGRARIAN AND NATURAL RESOURCES
REFORM Section 9.
The State shall, by law, and for the common good,
Section 4. undertake, in cooperation with the private sector, a
The State shall, by law, undertake an agrarian reform continuing program of urban land reform and housing
program founded on the right of farmers and regular which will make available at affordable cost, decent
farmworkers who are landless, to own directly or housing and basic services to underprivileged and
collectively the lands they till or, in the case of other homeless citizens in urban centers and resettlement
farmworkers, to receive a just share of the fruits areas. It shall also promote adequate employment
thereof. To this end, the State shall encourage and opportunities to such citizens. In the implementation
undertake the just distribution of all agricultural lands, of such program the State shall respect the rights of
subject to such priorities and reasonable retention small property owners.
limits as the Congress may prescribe, taking into
account ecological, developmental, or equity Section 10.
considerations, and subject to the payment of just Urban or rural poor dwellers shall not be evicted nor
compensation. In determining retention limits, the their dwelling demolished, except in accordance with
State shall respect the right of small landowners. The law and in a just and humane manner.
State shall further provide incentives for voluntary No resettlement of urban or rural dwellers shall be
land-sharing. undertaken without adequate consultation with them
and the communities where they are to be relocated.
Section 5.
The State shall recognize the right of farmers, HEALTH
farmworkers, and landowners, as well as
cooperatives, and other independent farmers’ Section 11.
organizations to participate in the planning, The State shall adopt an integrated and
organization, and management of the program, and comprehensive approach to health development
shall provide support to agriculture through which shall endeavor to make essential goods, health
appropriate technology and research, and adequate and other social services available to all the people at
financial, production, marketing, and other support affordable cost. There shall be priority for the needs
services. of the underprivileged, sick, elderly, disabled, women,
and children. The State shall endeavor to provide free
Section 6. medical care to paupers.
The State shall apply the principles of agrarian
reform or stewardship, whenever applicable in Section 12.
accordance with law, in the disposition or utilization of The State shall establish and maintain an effective
other natural resources, including lands of the public food and drug regulatory system and undertake
appropriate health, manpower development, and (1) Investigate, on its own or on complaint by any
research, responsive to the country’s health needs party, all forms of human rights violations involving
and problems. civil and political rights;

Section 13. (2) Adopt its operational guidelines and rules of

The State shall establish a special agency for procedure, and cite for contempt for violations thereof
disabled persons for their rehabilitation, self- in accordance with the Rules of Court;
development, and self-reliance, and their integration
into the mainstream of society. (3) Provide appropriate legal measures for the
protection of human rights of all persons within the
WOMEN Philippines, as well as Filipinos residing abroad, and
provide for preventive measures and legal aid
Section 14. services to the underprivileged whose human rights
The State shall protect working women by providing have been violated or need protection;
safe and healthful working conditions, taking into
account their maternal functions, and such facilities (4) Exercise visitorial powers over jails, prisons, or
and opportunities that will enhance their welfare and detention facilities;
enable them to realize their full potential in the service
of the nation. (5) Establish a continuing program of research,
education, and information to enhance respect for the
ROLE AND RIGHTS OF PEOPLE’S primacy of human rights;
ORGANIZATIONS
(6) Recommend to Congress effective measures to
Section 15. promote human rights and to provide for
The State shall respect the role of independent compensation to victims of violations of human rights,
people’s organizations to enable the people to pursue or their families;
and protect, within the democratic framework, their
legitimate and collective interests and aspirations (7) monitor the Philippine Government’s compliance
through peaceful and lawful means. with international treaty obligations on human rights;
People’s organizations are bona fide associations of
citizens with demonstrated capacity to promote the (8) Grant immunity from prosecution to any person
public interest and with identifiable leadership, whose testimony or whose possession of documents
membership, and structure. or other evidence is necessary or convenient to
determine the truth in any investigation conducted by
Section 16. it or under its authority;
The right of the people and their organizations to
effective and reasonable participation at all levels of (9) Request the assistance of any department,
social, political, and economic decision-making shall bureau, office, or agency in the performance of its
not be abridged. The State shall, by law, facilitate the functions;
establishment of adequate consultation mechanisms.
(10) Appoint its officers and employees in accordance
HUMAN RIGHTS with law; and

Section 17 (11) Perform such other duties and functions as may

(1) There is hereby created an independent office be provided by law.
called the Commission on Human Rights.
Section 19.
(2) The Commission shall be composed of a The Congress may provide for other cases of
Chairman and four Members who must be natural- violations of human rights that should fall within the
born citizens of the Philippines and a majority of authority of the Commission, taking into account its
whom shall be members of the Bar. The term of office recommendations.
and other qualifications and disabilities of the
Members of the Commission shall be provided by
law.

(3) Until this Commission is constituted, the existing

Presidential Committee on Human Rights shall
continue to exercise its present functions and powers.
(4) The approved annual appropriations of the
Commission shall be automatically and regularly
released.

Section 18.
The Commission on Human Rights shall have the
following powers and functions: