Professional Documents
Culture Documents
CLARENCE Consti 1 Tables
CLARENCE Consti 1 Tables
Branches of Government
SENATE
Functions/
Powers
HOUSE OF
REPRESENTATIVES
EXECUTIVE
Art. 6, Sec. 27: Veto power of the
President on bills passed by Congress.
President also has item-veto power
on Appropriations, Revenue, or Tari
bills.
JUDICIARY
established by law.
provision/enactment shall be
1. The duty of the Courts of
embraced in the general
Justice to settle actual
appropriations bill unless it
controversies involving
relates specifically to some
rights which are legally
particular appropriation
demandable and enforceable,
Art. 8, Sec. 5:
habeas corpus
the constitutionality
3. Ocers of the AFP from the rank of
or validity of any
Colonel or Naval Captain
treaty, international or
4. Other ocers whose appointments
executive agreement,
are vested in
law, presidential
decree, proclamation,
him in this Constitution (Regular
order, instruction,
members of JBC, members of the
ordinance, or
Constitutional Commissions
regulation is in
Calderon vs Carale (1992):
question.
imposed in relation
President may also appoint, without
thereto
consent of Commission on
3. All cases in which
Appointments:
perpetua or higher.
Constitutional Law 1
SENATE
HOUSE OF
REPRESENTATIVES
EXECUTIVE
JUDICIARY
assumption/reassumption of oce.
Such power is
merely an aspect of
Power of Control and Supervision
judicial power
Art. 7, Sec. 4: In case two or more candidates for Presidency/ Art. 7, Sec. 18: President shall be the
Requisites:
Commander-in-Chief of the AFP and
Vice-President have equal votes, Congress is required to
1. Actual case
whenever it becomes necessary, he
choose the winning candidate and break the tie.
power
Case must
be ripe for
Power to suspend the privilege of
Majority vote of both houses, voting jointly
adjudication
Art. 7, Sec. 18: Revoke the suspension of the privilege of the the Writ of Habeas Corpus and
2. Person raising the
Martial law:
Writ of Habeas Corpus or the proclamation of Martial Law. It
case must have legal
Art. 7, Sec. 18: In case of invasion or
may also in the same manner, upon the initiative of the
standing
rebellion, when the public safety so
President, extend such suspension or proclamation in the
Personal
requires
Foreign Loans
Art. 7, Sec. 20: President may contract 2. Order a change of venue or
or guarantee foreign loans on behalf of place of trial to avoid
miscarriage of justice
constitutional rights,
pleading, practice, and
Constitutional Law 1
SENATE
HOUSE OF
REPRESENTATIVES
EXECUTIVE
JUDICIARY
People vs Gacott
(1995): SC en banc
decision only needed
when the penalty
imposed is dismissal
of a judge,
disbarment of a
lawyer, or a fine
exceeding 10,000
pesos. For lesser
penalties, decision
through SC division is
allowed.
Power to discipline
judges is exclusive to
the SC
Constitutional Law 1
SENATE
Composition
HOUSE OF
REPRESENTATIVES
EXECUTIVE
Composed of:
1. District representatives
2. Party-list representatives
3. Sectoral representatives
(Existed until 1998, after
which they are under the
party-list system)
JUDICIARY
Art. 8, Sec. 1: Judicial power
shall be vested in one
Supreme Court and in such
lower courts as may be
established by law.
Constitutional Law 1
Qualifications
SENATE
HOUSE OF
REPRESENTATIVES
Art. 6, Sec. 3:
1. Natural-born citizen of the
Philippines
4. Registered voter
RA 7941, Sec. 9:
Qualifications of Party-list
Representatives:
4. Registered voter
EXECUTIVE
Art. 7, Sec. 2: Qualifications of the
President:
1. Natural-born citizen of the
Philippines
4. Registered voter
JUDICIARY
Art. 8, Sec. 7:
Qualifications of members
of the Supreme Court:
1. Natural-born citizens of the
Philippines
2. At least 40 years of age
4. Proven competence,
integrity, probity, and
independence
Qualifications of members
of the Collegiate Courts
(Court of Appeals, Court of
Tax Appeals,
Sandiganbayan):
1. Natural-born citizen of the
Phiippines
3. Other qualifications
prescribed by Congress
4. Proven competence,
integrity, probity, and
independence
Qualifications of judges of
single-member courts/ noncollegiate courts:
1. Philippine citizens (Either
Natural-born or naturalized)
3. Other qualifications
prescribed by Congress
4. Proven competence,
integrity, probity, and
independence
Constitutional Law 1
SENATE
Term
HOUSE OF
REPRESENTATIVES
EXECUTIVE
JUDICIARY
Art. 7, Sec. 4:
1. President and Vice-President has a
term of 6 years which shall begin on
noon on June 30, next following their
election.
Art. 7, Sec. 4:
N/A
President:
President shall not be eligible for any
re-election.
Vice-President
No Vice-President shall serve for more
than two successive terms
Canvassing of Comelec
Votes and
Proclamation
of winner
Vacancies
RA 6645:
Sec. 1: In case vacancy arises in the Senate at least 18
months or in the HR at least 1 year before the next regular
election for Members of Congress, the Comelec, upon
receipt of resolution of the Senate or HR, as the case may be,
certifying to the existence of such vacancy and calling for a
special election, shall hold a special election to fill such
vacancy.
N/A
De Castro vs JBC
(2010): Appointments
to the Supreme Court
are not covered by
the appointments ban
on the President.
Art. 7, Sec. 7:
Vice-President-Elect will act as
President:
1. If the President-elect fails to qualify,
until the President-elect shall have
qualified
Vice-President-Elect becomes
President:
1. If at the beginning of the term of the
President, the President-elect dies or
shall have become permanently
disabled.
Constitutional Law 1
SENATE
HOUSE OF
REPRESENTATIVES
EXECUTIVE
Congress shall by law
provide for the manner in
which one who is to act as
President shall be selected
until a President or VP shall
have been qualfied, in case of
death, permanent disability, or
inability of the ocials
mentioned in the next
preceding paragraph.
Vacancy of Vice-Presidency:
Art. 7, Sec. 9: Whenever there is a
vacancy in the oce of the VP during
the term for which he was elected, the
President shall nominate a VP from
among the members of the Senate and
HR who shall assume oce upon
confirmation by a majority vote of all
the Members of Congress voting
separately
Appropriations shall be
charged against any current
appropriations and exempt
from the rule of special
appropriations in Art. 6, Sec.
25(4).
JUDICIARY
Constitutional Law 1
SENATE
Privilege
HOUSE OF
REPRESENTATIVES
Congress is in session.
EXECUTIVE
Immunity from suits
Jurisprudence: President is immune
from all suits for all acts during his
tenure. (Must be impeached first)
Soliven vs Makasiar (1988): President
has privilege of immunity from all suits
for ocial acts within the exercise of
his oce even after his tenure. Such
executive privilege can only be invoked
by the President himself. President
may also waive the privilege.
Executive Privileges
Senate vs Ermita (2006): Executive
privilege is the power of the President
to withhold certain types of
information, from the Courts, the
Congress, and ultimately the public. It
can only be claimed and given by the
President with sucient grounds for
the SC to determine its validity or not.
EO 464 (2005):
1. Information between intergovernment agencies prior to
JUDICIARY
Members of the SC are
immune from all suit, they
cannot be prosecuted. They
must first be impeached by
Congress.
Constitutional Law 1
SENATE
HOUSE OF
REPRESENTATIVES
EXECUTIVE
Art. 7, Sec. 6: President and VicePresident during their tenure, cannot
receive any other emolument from the
government or any other source
counsel before any court of justice, electoral tribunals, quasijudicial or administrative bodies
Except: Vacancies to
executive positions where the
continued vacancy will
prejudice public service or
endanger public safety
JUDICIARY
Members of the Judiciary can
only perform judicial
functions
Unless allowed by
law or by the primary
functions of his oce
Pensions and
gratuities are not
considered as
additional, double, or
indirect
compensation
Constitutional Law 1
SENATE
HOUSE OF
REPRESENTATIVES
EXECUTIVE
JUDICIARY
No increase in said
compensation shall take eect
until after the expiration of the
term of the incumbent during
which such increase was
approved.
No provision about
increase
Niaftan vs Commission on
Internal Revenue (1987):
Salary of judges and justices
are subject to income tax
Constitutional Law 1
Constitutional Commissions/Ombudsman
CIVIL SERVICE
COMMISSION (CSC)
COMMISSION ON
ELECTIONS (COMELEC)
COMMISSION ON AUDIT
(COA)
Purpose
Function
and Powers
Art. 9A, Sec. 1: The Constitutional Commissions, which shall be independent, are the Civil
Service Commission, the Commission on Elections, and the Commission on Audit
2. Commission on Elections- Charged with the administration of the all important electoral
process
Art. 9A, Sec. 4: The Constitutional Commissions shall appoint their ocials and employees in
accordance with law
Art. 9A, Sec. 5: The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released
Art. 9A, Sec. 6: Each commission en banc may promulgate its own rules concerning
pleadings and practice before it or before any of its ofices. Such rules however shall not
diminish, increase, or modify substantive rights.
Art. 9A, Sec. 8: Each commission shall perform such other functions as may be provided
by law.
Art. 9B, Sec. 3: The Civil
Service Commission, as the
central personnel agency of
the Government, shall:
5. Institutionalize a
management climate
conducive to public
accountability
Executive Powers
Quasi-Legislative Powers
Gallardo vs Tabamo, Jr.
(1993): Comelec may
promulgate rules and
regulations for the
implementation of election
laws
To check accuracy
and authorization but
no receipts are
needed for the
books/records of
Congress, only
certifications.
OMBUDSMAN
Peoples champion against
graft and corruption in the
Government
Constitutional Law 1
CIVIL SERVICE
COMMISSION
(CSC)
and be
given powers
proper
COMMISSION ON
ELECTIONS (COMELEC)
authority
COMMISSION ON AUDIT
(COA)
subdivisions,
agencies, or
to an administrative agency. It
can performa executive,
quasi-judicial powers, and
quasi-legislative or rule
making powers.
3. Appellate jurisdiction
over elective barangay
ocials decided by trial
courts of limited jurisdiction
Decisions, final
orders, and rulings of
the Comelec on
contests involving
elective municipal
and barangay
ocers shall be
final, executory, and
not appealable.
In its appellate
jurisdiction, the
Comelec has
jurisdiction to issue
writs of Certiorari,
Mandamus, Quo
Warranto, and
Habeas Corpus. In
this case their
jurisdiction is
concurrent with the
SC.
instrumentalities) and
Government-owned or
controlled corporations with
original charters
2. Post-Audit Basis:
1. Constitutional
bodies, commissions
and oces that have
been granted fiscal
autonomy under this
Constitution
2. Autonomous state
colleges and
univeersities
4. Non-governmental
entities receiving
subsidy or equity,
directly or indirectly,
from or through the
Government (Which
are required by law or
the granting
institution to submit
to such audit as a
condition of subsidy
or equity)
3. Adopt measures,
including temporary or
special pre-audit as are
necessary and appropriate to
correct the deficiencies.
Where the internal
control system of the
audited agencies is
inadequate.
5. Exclusive authority,
subject to the limitations of
this article, to define the
scope of its audit and
examination, establish the
techniques and methods
required therefor, and
promulgate accounting and
auditing rules and
regulations, including those
for the prevention and
disallowance of irregular,
unnecessary, excessive,
extravagant, or
unconscionable expenditures,
or uses of government funds
and properties.
Corporation with
original charters
means that they were
created by a special
law and not through
the general
corporation law.
Other Administrative
Powers
1. Decide, except those
involving the right to vote, all
questions aecting
elections, including
determination of the number
and location of polling
places, appointment of
election ocials and
inspectors and registration of
votes.
OMBUDSMAN
responsibilities, and to
examine, if necessary,
pertinent records and
documents.
6. Publicize matters
covered by its investigation
when circumstances so
warrant and with due
prudence
RA 6670,Ombudsman Act
of 1989, Jurisprudence:
Ombudsman has power to:
1. Conduct preliminary
investigations and to
prosecute
3. Power to impose
preventive suspension
4. Impose direct
administrative penalties in
administrative cases
Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)
COMMISSION ON
ELECTIONS
(COMELEC)
which,
in addition
to other
Authority to
investigate and
prosecute cases of
election laws is
exclusive to Comelec
Such supervision or
regulation shall aim
to ensure equal
opportunity, time and
space, and the right
to reply, including
reasonable, equal
rates therefor, for
public information
campaigns and
forums among
candidates in
connection with the
objective of holding
free, orderly, honest,
peaceful, and
credible elections
COMMISSION ON AUDIT
(COA)
OMBUDSMAN
3. Settle government
accounts
5. To promulgate
accounting and auditing
rules including those for the
prevention and disallowance
of irregular, unnecessary,
excessive, extravagant, or
unconscionable expenditures
6. To decide administrative
cases involving expenditure
of public funds
Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)
Composition Art. 9B, Sec. 1: The Civil
Service shall be administered
and
Appointment by the Civil Service
Commission composed of a
Chairman and 2
Commissioners. They shall
be appointed by the President
with the consent of the
Commission on
Appointments.
COMMISSION ON
ELECTIONS (COMELEC)
Art. 9C, Sec. 1: There shall
be a Commission on
Elections composed of a
Chairman and 6
Commissioners appointed
by the President with the
consent of the Commission
on Appointments.
COMMISSION ON AUDIT
(COA)
Art. 9D, Sec. 1: There shall
be a Commission on Audit
composed of a Chairman
and 2 Commissioners
appointed by the President
with the consent of the
Commission on
Appointments.
Non-competitive positions
OMBUDSMAN
Art. 11, Sec. 5: There is
hereby creted the
independent oce of the
Ombudsman, composed of:
1. Ombudsman (Known as
Tanodbayan)
2. Over-all Deputy
Qualification
s
5. Majority of thereof,
including its chairman
(Chairman and 3
commissioners) should be
members of the Philippine
bar and engaged in the
practice of law for at least
10 years
4. Certified Public
Accountants (CPA) or
members of the Philippine
Bar who have been engaged
in the practice of law for at
least 10 years
At no time shall all
members of the
Commission belong
to the same
profession
Constitutional Law 1
Term
CIVIL SERVICE
COMMISSION (CSC)
COMMISSION ON
ELECTIONS (COMELEC)
COMMISSION ON AUDIT
(COA)
Prohibition on
reappointment applies
even if the Commissioner
has served for less than 7
years.
Prohibition on
reappointment applies
even if the Commissioner
has served for less than 7
years.
Prohibition on
reappointment applies
even if the Commissioner
has served for less than 7
years.
Gaminde vs Commission on Audit (2000): 2 requisites for the staggered rotational system:
2. Starting point of term for all appointments is Feb. 2 of the respective year as Feb. 2, 1987
was the date the Constitution took eect.
1. Those who have served a full 7 years, meaning those who served a commissioner for 5
years can only serve as chairman, if appointed, for 2 years; or has served for 7 years
regardless of regular appointment or ad-interim appoint, such cannot be reappointed.
2. Those who are appointed and confirmed by CA even if they have served for less than 7
years, if they are appointed to the unexpired term, they cannot be reappointed again
Rights/
Privilege
3. Temporary employees of
the Government shall be
given such protection as may
be provided by law
Commissioners/Chairman
are removable only through
impeachment
OMBUDSMAN
Art. 11, Sec. 11: The
Ombudsman and his
Deputies shall serve for a
term of 7 years without
reappointment.
Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)
COMMISSION ON
ELECTIONS (COMELEC)
COMMISSION ON AUDIT
(COA)
Disqualificati Art. 9A, Sec. 2: No member of a Constitutional Commission shall, during his tenure:
on/
Prohibitions 2. Engage in the practice of any profession or in the active management or control of any
business which in any way may be aected by the functions of his oce
Art. 9B, Sec. 7: No appointive ocial shall hold any other oce or employment in the
Government or any (Its subdivisions, agencies, or instrumentalities) and Government-owned
or controlled corporations or their subsidiaries
Art. 9B, Sec. 8: No elective or appointive public ocer or employee shall receive additional,
double, or indirect compensation, unless specifically authorized by law. Nor accept, without
the consent of the Congress, any present, emolument, oce, or title of any kind from any
foreign government.
OMBUDSMAN
Art. 11, Sec. 11:
Ombudsman and his
Deputies shall not be
qualified to run for any oce
in the election immediately
succeeding their cessation
from oce
Unless allowed by
law or by the primary
functions of his
oce.
Pensions and
gratuities are not
considered as
additional, double, or
indirect
compensation
Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)
COMMISSION ON
ELECTIONS (COMELEC)
COMMISSION ON AUDIT
(COA)
OMBUDSMAN
Greenbook)
3. Be financially interested,
directly or indirectly, in any
contract with, or in any
franchise or privilege granted
by the Government (Its
subdivisions, agencies, or
instrumentalities) and
Government-owned or
controlled corporations or
their subsidiaries
Salaries
Art. 9A, Sec. 3: The salary of the chairman and the commissioners shall be fixed by law and
shall not be decreased during their tenure
Procedural
Art. 9A, Sec. 7: Each Commission shall decide by a majority vote of all its members in any
case or matter brought before it within 60 days/2 months from the date of its submission for
decision or resolution.
A case or matter is deemed submitted for decision or resolution upon the filing of
the last pleading, brief, memorandum, required by the rules of the commission.
Reyes vs RTC (1995) A case may be brought to the Supreme Court only
after its reconsideration.
Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)
COMMISSION ON
ELECTIONS (COMELEC)
Art. 9C: The Comelec may sit
en banc or in 2 divisions. All
election cases shall be heard
and decided in division,
provided that motion for
reconsideration of decisions
shall be decided by the
Commission en banc.
COMMISSION ON AUDIT
(COA)
OMBUDSMAN
Constitutional Law 1
Constitutional Bodies
Functions
Commission on
Appointments (CA)
Presidential Electoral
Tribunal (PET)
Assumption of
oce begins on noon
of June 30 following
the election.
Comelec handles
pre-proclamation
controversies
Independent constitutional
creation, exercises purely
executive powers
Angara vs Electoral
Commission (1936): There
must be an election contest
filed by the respective person
who lost against the member
of Congress. Absence of
such election contest, the
Electoral Tribunals are
without jurisdiction.
Independent constitutional
creation, exercises quasijudicial powers
2. 6 shall be members of
the Senate or HR, as the
case may be. (Senators for
SET and members of the HR
for HRET)
Such Senators or
members of the HR
shall be chosen on
the basis of
proportional
representation from
the political parties
they represent.
Court
1. Senate President (Exocio chairman)
2. 12 Senators
3. 12 Members of HR
Elected by each
house on the basis of
proportional
representation from
the political parties
they represent
Rule by majority
vote of all the
members
Ex-ocio members
1. Chief Justice as ex-ocio
chairman
2. Secretary of Justice
3. Representative of
Congress
Regular members
4. Representative of the
Integrated Bar
5. Professor of Law
7. Representative of the
Private Sector
Constitutional Law 1
Senate Electoral Tribunal
(SET)/ House Electoral
Tribunal (HRET)
Term
Commission on
Appointments (CA)
Presidential Electoral
Tribunal (PET)
N/A