Professional Documents
Culture Documents
Consti Provisions
Consti Provisions
e) bona fide member of the party/org for ≥ 90 days (preceding the day of
Congress of the Philippines the election)
= legislative power f) ≥ 25 y/o (on the day of the election)
= consist of: g) Youth sector: 25 y/o > x ≥ 30 y/o (on the day of the election)
1. Senate Term: 3 years
- 24 senators o Commence at noon on June 30 (next following their election)
Elected at large by qualified voters o UNLESS otherwise provided by law
o As may be provided by law Not serve for ≤ 3 consecutive terms
Qualifications: Voluntary renunciation not considered as interruption of service
a) natural-born citizen 3. EXCEPT: provision on initiative and referendum
b) ≥ 35 y/o (on the day of the election) = Election : 2nd Monday of May (UNLESS otherwise fixed by law)
c) able to read and write = Vacancy : special election
d) registered voter Manner prescribed by law
e) resident of the Philippines for > 2 years (immediately preceding the day Serve for unexpired term
of the election) = Salary : determined by law
Term: 6 years No increase in compensation until after expiration of full term of representatives
o Commence at noon on June 30 (next following their election) approving such increase
o UNLESS otherwise provided by law Senate President and Speaker : 240, 000php
Not serve for ≤ 2 consecutive terms Senators and Members of HR : 204, 000php
Voluntary renunciation not considered as interruption of service = Privileged from arrest
2. House of Representatives Offenses punishable by ≤ 6 years imprisonment
- not more than 250 members (UNLESS otherwise fixed by law) Congress is in session
Elected from legislative districts Not questioned nor held liable
o UNLESS otherwise fixed by law - any speech or debate
o Apportioned among the provinces, cities and the Metropolitan Manila - in Congress or any committee
area = Full disclosure of financial and business interests
o In accordance with the number of inhabitants Upon assumption of office
o On the basis of a uniform and progressive ratio Notify the House concerned of a potential conflict of interest
o Comprise as far as practicable… territory - filing of a proposed legislation they are authors
Contiguous = Not hold any other office or employment
Compact in the government, subdivision, agency or instrumentality
Adjacent government-owned or controlled corporations or subsidiaries
o City/province with ≥ 250, 000 population = ≥1 representative during his term
o Within 3 years following the return of census = reapportionment forfeit his seat
Elected through a party-list system appointed to any office
o Registered national, regional and sectoral parties/orgs - created or emoluments increased
o 20% of the total number of representatives - during his term
o 3 consecutive terms after ratification of Constitution, ½ of the seats = Not personally appear as counsel
allocated any court of justice, Electoral Tribunal, or quasi-judicial and other administrative
As provided by law bodies
Selection or election interested financially in any contract, franchise, special privilege granted by the
Labor, peasant, urban poor, indigenous cultural government, subdivision, agency, or instrumentality
communities, women, youth, other sectors - directly or indirectly
EXCEPT religious sector - include government-owned or controlled corporation or subsidiary
Qualification of legislative representative: - during his term of office
a) natural-born citizen not intervene in any matter before any office of the government
b) ≥ 25 y/o (on the day of the election) - for pecuniary benefit
c) able to read and write - called upon to act on account of his office
d) registered voter in the district = Sessions:
e) resident of district for > 1 year (immediately preceding the day of the Convene once every 4th Monday of July
election) - regular session
Qualification of party-list representative: - UNLESS a different date is fixed by law
a) natural-born citizen Continue to be in session
b) registered voter - number of days as it may determine
c) resident of the Philippines for > 1 year (immediately preceding the day - until 30 days before opening of next regular session
of the election) - exclusive of Saturdays, Sundays, and legal holidays
Special session : called by President (any time) By own initiative, with consent of President, OR upon request of either House
= Election: Written questions submitted to Senate President/Speaker ≥ 3 days before scheduled
Officers (by majority vote): appearance
1) Senate President Interpellations : written questions and other matters
2) Speaker of HR Executive session :
3) Other officers deemed necessary - security of the State
Quorum : majority of each house (to do business) - public interest so requires
- smaller number adjourn from day to day - President states in writing
- compel the attendance of absentees = In times of war or other national emergency:
- manner and penalties – as such House may provide Sole power to declare the existence of a state of war
Each House determine: - by a vote of 2/3 of both Houses
- rules of proceedings - in joint session assembled
- punish members for disorderly behavior - voting separately
- suspend/expel member (concurrence of 2/3 of all) – suspension not exceed 60 Exemption to non-delegative power1 : Authorize the President
days - by law
Each House keep a Journal of its proceedings - limited period
- published from time to time - subject to restrictions as it may prescribe
- excepting parts affecting national security - exercise powers necessary and proper to carry out a declared national policy
- yeas and nays entered – request of 1/5 members present - powers cease upon adjournment of Congress (UNLESS withdrawn by resolution)
Not adjourn for without consent of other House = Bills originate exclusively from HR (but Senate concur/propose amendments)
- Congress is in session appropriations
- More than 3 days revenue/tariff bill
- Other place bill authorizing increase of public debt
= Electoral Tribunal: bill of local application
Sole judge of all contests relating to elections, returns, and qualifications of their private bill
respective members = Appropriations:
Composition: 9 members Cannot increase appropriations recommended by the President
- 3 : Justices of SC (designated by CJ) - for the operation of the government
- 6 : Members of Senate/HR - as specified in the budget
- Chosen on the basis of proportional representation from the political parties and - prescribed by the law : form, content and manner of preparation
parties/orgs registered under the PL system Provisions or enactment must relate specifically to some particular appropriation
- Chairman: senior justice - limited in operation to the appropriation to which it relates
= Commission on Appointments: Strictly follow procedure for approving appropriations for other departments and
Composition: 13 members agencies
- Ex officio chairman : Senate President Special appropriations bill
- 12 Senators - specify intended purpose
- 12 Members of HR - supported by funds actually available (National Treasurer OR raised by revenue
Elected by each house proposal)
- basis of proportional representation No law passed authorizing transfer of appropriations
- from political parties and parties/orgs registered under PL system
Authorized (by law) to augment any item in general appropriations law
Chairman not vote (EXCEPT in case of tie) - President
Act on all appointments submitted to it - Senate President
- within 30 session days - Speaker of the House
Rule by majority vote of all - Chief Justice of SC
Meet only when - Heads of Constitutional Commissions
1) Congress is in session Discretionary funds
2) At the call of its Chairman/majority - appropriated for particular officials
= ET and CoA constituted within 30 days after Congress organized - disbursed only for public purposes
= Records and books of accounts - supported by appropriate vouchers
Preserved and open to the public in accordance with law - subject to guidelines prescribed by law
Audited by Commission on Audit Reenact the general appropriations law for the preceding fiscal year
Publish annually an itemized list of amounts paid to and expenses of each Member - Failure to pass the general appropriations bill (end of any fiscal year)
= Conduct inquiries in aid of legislation - Remain in force until general appropriations bill passed by Congress
In accordance with duly published rules of procedure = Rules on bills passed:
Rights of people appearing in or affected shall be respected One subject-One title
= Heads of departments appear before and be heard by such House Become a law after
Any matter pertaining to their department 1) ,3 readings on separate days
2) Distributed printed copies of final form 3 days before passage - ≥ 3% of registered voters in legislative districts
EXCEPTION : President certifies necessity of immediate enactment ARTICLE 7
- public calamity or emergency
Last reading: President of the Philippines
- no amendment allowed = Executive power
- vote immediately = Qualification:
- yeas and nays entered in Journal 1. natural-born citizen
Presented to the President for approval 2. registered voter
- approve : sign 3. able to read and write
- disapprove : veto and return objections to House of origination (within 30 days 4. ≥ 40 y/o (on the day of the election)
after date of receipt) 5. resident of the Philippines for ≥ 10 years (immediately preceding election)
- power to veto : appropriation, revenue or tariff bill = Not eligible for reelection
- veto not affect the item/s which he does not object succeed President and served > 4 years = not qualified for reelection
Vetoed bill: = Have own official residence
- enter President’s objection in the Journal = Inability to discharge powers and duties of Office
- proceed to reconsider President transmits to Senate President and Speaker of HR written declaration
- 2/3 of all members agree to pass – sent to other House (w/ objections) to - UNTIL he transmits written declaration to the contrary = VP as Acting President
reconsider and 2/3 vote to approve Majority of all Members of the Cabinet transmit to Senate President and Speaker of
- Votes determined by yeas and nays HR written declaration
- Names of members voting entered in the Journal - VP as Acting President
= Rule of taxation : uniform, equitable and progressive President transmits to Senate President and Speaker of HR written declaration no
= Exemption to non-delegative power2 :Authorize the President inability exists
by law - Reassume powers and duties of office
fix within specified limits - Majority of all Members of Cabinet transmit to Senate President and Speaker of
subject to limitations and restrictions it may impose HR written declaration to the contrary
1) tariff rates 1) within 5 days
2) import and export quotas 2) Congress decide issue
3) tonnage and wharfage dues 3) Congress convene within 48 hours = not in session
4) other duties or imposts within the framework of the national development Congress declares President’s inability
program - Within 10 days after receipt of last declaration
= Exempted from taxation: - Within 12 days after required to assemble = not in session
charitable institutions - By 2/3 vote of both House = voting separately
churches and parsonages/convents - VP as President
mosques = In case of serious illness
non-profit cemeteries Inform public of state of his health
lands, buildings, and improvements Have access to President:
- actually, directly and exclusively used 1) Members of Cabinet – national security and foreign relations
- for religious, charitable or educational purpose 2) Chief of Staff of AFP
no law passed without concurrence of majority of all members of Congress = Appointing power:
= Money paid out of Treasury in pursuance of appropriation made by law 1. With consent of Commission on Appointments
= No public money or property - heads of the executive departments
- ambassadors
appropriated, applied, paid or employed
- other public ministers and consuls
directly or indirectly
- officers of the armed forces = from rank of colonel or naval captain
for use, benefit or support - other officers = appointments vested in him in the constitution
any sect, church, denomination, sectarian institution, system of religion 2. Other officers of the government
EXCEPTION : priest, minister or dignitary assigned to the armed forces, penal - appointments not provided by law
institution, or government orphanage/leprosarium 3. Those whom the President may be authorized by law to appoint
= Money collected on any tax levied for a special purpose 4. Officers lower in rank
Treated as a special fund - appointments vested by Congress to President alone = by law
Paid out for such purpose only 5. Appointments during the recess of Congress
Abandoned/fulfilled purpose -- balance transferred to general funds - called interim appointments
= No law passed to increase appellate jurisdiction of SC - voluntary or compulsory
= No law grants title of royalty/nobility - effective only until disapproved by Commission on Appointments OR next
= Initiative and referendum: adjournment of Congress
directly propose and enact laws = Control of all executive departments, bureaus and offices
approve/reject act or law passed by Congress/local legislative body = Ensure laws be faithfully executed
signed by ≥ 10% of total number of registered voters
- SC en banc : sole judge of all contests relating to the election, returns and
= Commander-in-chief of AFP qualifications
call out armed forces to prevent or suppress ◘ Promulgate own rules
- lawless violence, invasion or rebellion Salary:
- whenever it becomes necessary - determined by law (P : 300, 000php; VP : 240, 000php)
suspend privilege of the writ of habeas corpus or declare martial law - not decreased during tenure
- in case of invasion or rebellion - No increase in compensation until after expiration of full term of incumbent during
- when the public safety requires it such increase was approved
- for a period not exceeding 60 days - Not receive any emolument during tenure
- (for martial law) Philippines or any part President-elect and Vice-President-elect assume office at the beginning of term
- Within 48 hours, President submit a report to Congress - President fails to qualify – VP-elect act as President (until P qualifies)
1) in person - President not chosen – VP-elect acts as President (until P chosen and qualified)
2) in writing - President-elect died/permanently incapacitated – VP-elect become President
- Congress may revoke such proclamation/suspension ◘ At the beginning of the term
1) voting jointly - No President and Vice-President chosen/qualified or died/permanently incapacitated –
2) vote of at least a majority of all its members (regular/special session) Senate President (until P or VP chosen and qualified)
3) cannot be set aside by President ◘ In case of inability, Speaker of HR
- Congress may extend such proclamation/suspension - Congress provide manner in selection of Acting President
1) upon initiative of President ◘ By law
2) period determined by Congress ◘ Until a P or VP have qualified
3) invasion or rebellion persist ◘ In case of death, permanent disability or inability of Senate President and
4) public safety requires it Speaker of HR
- Congress convene Death, permanent disability, removal from office, resignation (middle of term):
1) within 24 hours = if not in session - President – VP become President
2) in accordance with its rules - President and Vice-President – Senate President
3) without need of a call ◘ until P or VP elected and qualified
- ◘ In case of inability, Speaker of HR
- Congress provide who shall serve as President
◘ By law
Vice-President of the Philippines ◘ In case of death, permanent disability or resignation of Acting President
= same qualifications and term of office as President ◘ Until P or VP elected and qualified
= elected with and same manner as President ◘ Subject to same restrictions of powers and disqualifications as Acting
= remove in the same manner as President President
= may be appointed as Member of Cabinet (no confirmation!) Vacancy in the Office of the President and Vice-President
= not serve > 2 successive terms - 10am, 3rd day of vacancy – Congress convene
= vacancy in office : President nominate from members of Congress ◘ In accordance with its rules
assume office upon confirmation of Congress ◘ Without a need of a call
- majority vote of all members of both House ◘ Within 7 days = enact a law for a special election
- voting separately ◘ Cannot be suspended/postponed
- Bill calling for special election:
Elected by direct vote of the people ◘ Held 45 days > x > 60 days from time of call
Term : 6 years ◘ Certified under par.2, sec. 26, Art. 6
- commence at noon on June 30 (next following the day of the election) ◘ Become law upon 3rd reading by Congress
- end at noon on June 30 (6 years after) ◘ Appropriations:
Voluntary renunciation not considered as interruption of service 1) charged against current appropriations
Regular election : 2nd Monday of May (UNLESS otherwise provided by law) 2) exempt from requirements of par.4, sec.25, art.6
Returns of election: - No special election within 18 months before next presidential elections
- duly certified by the board of canvassers of each province/city Cannot hold any other office or employment during their tenure
- transmitted to Congress - President, Vice-President, Members of the Cabinet, deputies or assistants
- directed to Senate President - UNLESS otherwise provided in the Constitution
- not later than 30 days after election, Senate President open COC in the presence of - Avoid conflict of interest
Congress (joint public session) ◘ Directly or indirectly
- Congress canvass votes ◘ Practice any other profession
- Highest number of votes : proclaimed elected ◘ Participate in any business
- 2 or more equal and highest number of votes : chosen by vote of majority of all ◘ Financially interested
members of both Houses (vote separately!) 1) Contract
- Congress promulgate own rules for canvassing 2) Franchise
3) Special privilege granted by the government
4) Subdivision
5) Agency
6) Instrumentality
7) Including government-owned or controlled corporations or subsidiaries
- Spouse and relatives by consanguinity or affinity within the 4th civil degree
◘ Not appointed during his tenure
1) Members of the Constitutional Commission
2) Office of the Ombudsman
3) Secretaries
4) Undersecretaries
5) Chairmen/heads of bureaus/offices
6) Including government-owned or controlled corporations or subsidiaries
Appointments extended by Acting President remain effective
- UNLESS revoked by elected President
◘ Within 90 days from assumption/reassumption of office
President or Acting President not make appointments
- 2 months immediately before next presidential elections and up to end of term
- EXCEPT temporary appointments to executive positions
◘ Prejudice public service
◘ Endanger public safety
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