Article VI: the legislative department

Important cases:
1. Philippine International Trading Corporation v Angeles Allowing administrative agencies to promulgate administrative
rules; “since they are specialized in a particular field, they can
deal with the problems with more expertise and dispatch”
2. Compania General De Tabacos v Board of Public Utility
3. Araneta v Gatmaitan
4. Edu v Ericta
5. Agustin v edu
6. Free telephone workers union v minister of labor and
employment
7. Eastern shipping lines v POEA
8. Tadtad v Secretary of the Department of Energy
Exceptions to non-delegability of legislative power
9. Rubi v Provincial board LGUs allowed to legislate on purely local matters
10. People v Vera

Section 1
1. What is section 1? Check and memorize codal
2. To whom is the legislative power given to? Art 6 sec.1.The congress of the Philippines which consists of the
Senate and the House of Representatives except to the extent
reserved to the people by the provision of initiative and
referendum
3. What law provided for a bicameral congress? The Jones law
4. Analogy: Bicameral: Congress as Unicameral is to? National Assembly
5. Who elects the members of the Senate? Art6,sec 2. The nation at large
6. Who elects the members of the House of Representatives? Art6,sec. 5. Elected by legislative district
7. What are the advantages of a unicameral system? How Unicameral – strengthens relationship between legislature and
about a bicameral system? executive; simplicity and efficiency . There’s only one body of
legislative

8. What was the end result of voting of unicameral to
bicameral?
9. Define: legislative power
10. What nature of power does the legislature have, is it
limited?
11. Define: principle of non-delegability of legislative power
12. Can the congress pass irrepealable laws? What is the
reason?
13. When was the principle of separation of powers
introduced?
14. Define: doctrine of separation of powers
15. What is the exception to the separation of powers
doctrine?
16. What is the purpose of separation of powers?
17. In republican constitutional theory, who has the original
legislative power?
18. What is the reason why the people placed “to the extent
reserved to the people through initiative and referendum”?
19. What law embraces the initiative and referendum?
20. Define: the power of initiative and referendum
Bicameral – less vulnerable on attempts of the president to control
legislature; upper house which looks at the problems on a national
scope and lower house that will carry on the issues on locality. 2
houses.
22-23
The power to create, amend or repeal laws. It is a delegated and
derived power
No it is plenary by nature meaning, any power deemed to be
legislative by usage and tradition is necessarily possessed by the
Congress
Means that the congress alone can make laws and congress may
not delegate its law making power
They cannot as to pass an irrepeable law is to say that they may
alter the Constitution where it gets its authority from
1935
In essence it means that legislation belongs to the legislature;
execution to the executive and settlement of legal controversies to
the judiciary; each is prevented from invading the domain of the
other
The system of checks and balances since one branch cannot act
without the cooperation of the other
It is to preclude the exercise of arbitrary power; to save the people
from autocracy
The people since they are the ones who created the Constitution
to which the congress derives its power
They have realized that the Congress cannot always be trusted to
do what is best for the people
RA 6735
The power of the people to propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress of the
local legislative body
 21. What is the purpose of initiative and referendum?
22. Is initiative and referendum plenary as well in power?
23. What are the theories in which the Congress can pass its
law-making power?
24. Is the functions of non-legislative agencies law-making?
25. What are the 2 ways to ascertain that it is law execution?
26. Do rules and regulations of administrative agencies have
the force of law?
27. Can these rules and regulations have penal effect? How
28. If the rules and regulations state that it is for the courts to
determine the punishment, valid or invalid?
29. Can a local law-making agency be given executive
powers?
Section 2
30. What is the composition of senators and who may elect
them?
31. What is the reason for 24 senators?
32. May the number of Senators be changed by legislation?
Section 3
33. What are the qualifications of a senator?
To institutionalize people power
No this is subject to the exceptions made by the congress
First: a non-legislative body may be authorized to fill up the
details of a statute
Second: Congress may pass contingent legislation meaning,
legislation which leaves to another body the business of
ascertaining the facts necessary to bring the law into actual
operation
No, it is law-execution
It should be:
- Be complete in itself: it must set the policy to be carried
out or implemented by the delegate and
- Fix a standard: the limits are sufficiently determinate or
determinable
Yes
Yes provided the following are met:
- Such violation be made a crime by the delegating statute
- Penalty be provided by the statute itself
- Regulations be published
Invalid. It is not for the courts to fix the term of imprisonment
Yes because on the local level the separation of powers does not
strictly apply
24 senators; elected at large by qualified voters
Less than 24 = superior quality
Greater than 24 = dilute the quality of the senate
No it can only be changed by constitutional amendment
- A natural born citizen of the Philippines

34. Can the residence requirement be satisfied even if he is
not physically present in the Philippines for at least 2
years?
35. When should the age qualification be possessed: at the
time of proclamation or voting?
Section 4
36. When does the term of service of a senator start?
37. Who many consecutive terms may he serve?
38. What is the effect of voluntary renunciation?
39. When does senatorial election take place?
40. Can a senator run again after his 2 consecutive terms?
Section 5
41. Can the members of the House of Representatives exceed
250?
42. How are they elected?
43. what is the composition of party-list representatives?
44. Define: legislative district and how many members and
representative?
- 35 years of age (on the day of the election)
- Able to read and write
- A registered voter
- A resident of the Philippines for not less than 2 years
immediately preceding the day of the election
Yes, if he is domiciled in the Philippines
At the time when the votes are cast
At noon on the 13th day of June following the election
Not more than 2 consecutive terms
It shall not be considered as an interruption in the continuity of
his service for the full term for which he was elected
Every 3 years
Yes but he must wait again 3 years after the expiration of his 2nd
term
Yes as long as it is provided by law
They are elected from:
- legislative districts apportioned among the provinces,
cities and the metropolitan manila area
- in accordance with the number of their respective
inhabitants
- through a party list system or registered national, regional
and sectoral parties or organizations
It shall constitute 20% of the total number of representatives
including those under the party-list
It consists of the contiguous, compact and adjacent territory
Each population should have at least 250,000
250,000 = 1 representative
 45. What is the duty of the congress in this section?
46. Define: reapportionment
47. What are the 2 kinds of representatives?
48. How are district representatives elected?
Section 17
49. What is required for the heads of departments to be heard
by such house matters pertaining to their own department?
50. When should written questions be submitted to the
president of the senate or speaker of the house
to reapportion within 3 years following the return of census
It results into the creation of new districts or through the creation
of new provinces
District and party representatives
Apportioned from provinces, cities and the Metropolitan Manila
on the basis of a uniform and progressive ratio (because of the
concept of equality of representation)
- At their own initiative
- With the consent of the president
- Or upon the request of either house
- Atleast 3 days before their scheduled appearance . art6 sec
22

Executive Department

Important Cases:
1. Marcos v Manglapus Residual powers
2. Forbes etc. v Chuoco Tiaco and Crossfield Immunity of the president from suit
3. Soliven v Judge Makasiar Presidential immunity from suit
4. Estrada v Desierto President Estrada; a non-sitting President does not enjoy
immunity from suit
5. Senate v Ermita Executive Privilege
6. Neri v Senate
7. Fernando Poe Jr Can an illegitimate child born of an alien and Filipina be a
president?
8. Lopez v Roxas Congress as national board of canvassers; ministerial and
executive duty
9. Estrada v Arroyo
10. Civil liberties Union v Executive Secretary
11. Rafael v Embroidery and Apparel Control Board
12. Government v Springer
 13. Quintos Deles v Commission on Appointments
14. Rufino v Endriga
15. Sarmiento v Mison
16. Bautista v Salonga
17. People v Gacott
18. Cunanan v Tan The CA as an executive, constitutional creature
19. Matibag v Benipayo Permanence of ad interim appointments
20. Guevera v Inocentes
21. Villena v secretary of interior

Section 1
1. To whom is the executive power vested?
2. What are the specific powers of the President granted by
the Constitution?
3. Are these the only powers of the President?
4. Define: residual powers
5. Does the president enjoy immunity from suit even if the
constitution does not expressly state so?
6. Does this mean that the president is protected from suits
arising outside his official functions?
7. What is the purpose of the president’s immunity from
suit?
8. May the privilege be waived?
9. Define: Executive Privilege
10. Are any kinds of information be under the executive
privilege?
To the President of the Philippines
- To appoint
- Ensure that the laws are faithfully executed
- To be Commander-in-Chief of the AFP
- To grant clemency
- To contract foreign loans
No the president has residual powers (Marcos v Manglapus)
The powers of the president cannot be only those which are
enumerated in the Constitution
Yes it is deemed understood in jurisprudence that he cannot be
sued during his tenure this means that the judiciary cannot hold
him civilly liable for damages done in his official duties
Yes provided that he actually used his discretion and judgment
(Forbes v Crossfield)
It is to free him from any hindrance or distraction considering that
the job demands undivided attention
No law so it is the prerogative of the President
The power of the president to withhold information from the
Congress, the courts and the public
No they are enumerated under EO 464 Section 2a:
- Conversations and correspondence between the President

11. What justifies executive privilege?
12. Are Cabinet members formed from the Constitution?
13. Define: cabinet members
14. Can the president remove them anytime?
15. Do cabinet members possess authority over the president?
Section 2
16. What are the requirements to be a president of the
Philippines
17. Define: natural born citizen
18. Is there an exception?
19. Define: residence
20. How does one ascertain residency?
and the Public official covered by this executive order
- Military, diplomatic and other national security matter
which in the interest of national security should not be
divulged
- Information between inter-government agencies prior to
the conclusion of treaties and executive agreements
- Discussion in close-door cabinet meetings
- Matters affecting national security and public order
It is recognized with respect to information which is crucial to the
fulfillment of the unique role and responsibilities of the executive
branch which is to be kept confidential in pursuit of public
interest
No they are extra-constitutionally created creatures
Consists of heads of departments who formed a body of
presidential advisers who meet regularly with the President
Yes the president may remove them at will
No
- A natural-born citizen of the Philippines
- Must be able to read and write
- A registered voter
- At least 40 years on the day of the election
- A resident of the Philippines for at least 10 years
immediately preceding such election
Citizens of the Philippines from birth without having to perform
any act to acquire of perfect their Philippine Citizenship
Yes. Article IV Sec 3 of the 1987 Constitution
In election law this is synonymous to domicile
By the following:
- Bodily presence in the locality
- An intention to remain there or animus manendi
- And an intention to abandon the old domicile or animus
non revertendi
Section 3
21. What are the qualifications of the vice president, the term
and election?
22. May he be appointed as a cabinet member? Does this need
confirmation?
23. What is the function of a Vice President?
Section 4
24. How are the president and vice president elected?
25. What is their term?
26. When does their term end?
27. Is a president eligible for reelection?
28. How many times can a vice president serve? And what is
the effect of voluntary renunciation?
29. When does the regular elections be held and may this be
changed?
30. What is the process of counting the votes for president and
vice president?
31. When there are equal number of votes what is the remedy
32. Who shall promulgate rules on the canvassing or
certificates?
33. Who shall be the sole judge of all contests relating to
election, returns and qualifications of the President and the
Vice President and may they promulgate their own rules?
34. May a vice president who succeeds as president and
serves for less than 4 years run as president after the term?
Same as the president
Yes. No confirmation from CA
No function unless to be prepared to assume presidency should a
vacancy arise
By direct vote
6 years
At noon on the 30th of June after 6 years
No
Not more than 2 consecutive terms; it shall not interrupt in the
continuity of service
On the 2nd Monday of May unless otherwise provided by law
- Duly certified by the board of canvassers
- Transmitted to the congress
- Directed to the president of the senate
- Not later than 30 days = open all certificates in the
presence of both houses in joint public session
- Determination of authenticity and due execution as
provided by law
- Canvassing of votes
1 of them shall be chosen by majority vote of all members of both
houses voting separately
Congress
The Supreme Court sitting En Banc; yes they may
Yes because in this case this will not be reelection
 35. Who is the national board of canvassers?
36. What power is vested on them as the national board of
canvassers?
37. Is the duty to canvass the votes and declare the winners of
Presidential and Vice Presidential elections given to the
COMELEC?
Section 5
38. What do the president and vice president needs to do
before they enter the execution of their offices?
39. What is the oath/affirmation?
Section 6
40. Who has an official residence?
41. Who determines their salaries?
42. May the president and vice president receive other
salaries?
Section 7
43. Who shall act as president when he is not qualified?
44. If a president has not been chosen who is to act as
president?
45. When a president dies or becomes permanently disabled
who acts as president?
46. In case of death of the president and vice president who
shall become president?
47. In case of death of the senate president who shall acts as
president?
48. In case of death of all the above mentioned who shall act
The congress
The ministerial and executive duty to make said declaration on
the basis of the election returns duly accredited by the city and
provincial board of canvassers
No it is given to the Congress
An oath or affirmation
I do solemnly swear (or affirm) that I will faithfully and
conscientiously fulfill my duties as President (or Vice President
or Acting Vice President) of the Philippines, preserve and defend
its constitution, execute its laws, do justice to every man and
consecrate myself to the service of the Nation. So help me God.
The president
The law and it shall not be increased during their term but can be
increased after the expiration of their term when such was
increased
No. Not from any government agency or other sources
The vice-president elect until the president is qualified
The vice president elect until a president is chosen
The vice president shall become president
The senate president
The speaker of the house
The congress shall by law will decide who is to act as president
 as president?
Section 8
49. When a president resigns or is permanently disabled or
dies is it a renewal of term for the vice president?
Section 9
50. When there is vacancy in the seat of the vice president
what is the remedy?
Section 10
51. What is the duty of the Congress in case of vacancy in the
Presidential and Vice President position?
52. To where shall the appropriations for the election be
charged?
53. Can the convening or special election be postponed?
54. When can there be no special election?
Section 11
55. To whom does the president transmit his declaration that
he is unable to discharge his duties and functions and what
is the effect?
56. Can the Cabinet members write a written declaration to
the same persons and what is the effect?
57. How can the President counter this declaration by the
Cabinet and what is the effect?
58. What if the Cabinet then again issues a declaration to the
same persons after the president reassuming his office?
59. When should the Congress promulgate its result?
Section 12
until a president or vice president shall be qualified
No he shall only serve the unexpired term
The president shall appoint from the members of the Senate and
House of Representatives and shall assume office upon
confirmation by a majority vote of both houses voting separately
They shall convene without need of call at 10 in the morning
following the 3rd day of vacancy and within 7 days enact a law
calling for a special election which shall not be held earlier than
45 days nor later than 60 days
It shall be charged to current appropriations
No.
If the vacancy occurs within 18 months of the next presidential
elections
It must be a written declaration to the Senate President and
Speaker of the House; the VP shall discharge it as Acting
President
Yes. But it needs a majority of the Cabinet members; the BP shall
immediately assume the powers and duties of the office as Acting
President
A written declaration to the same persons that there is no inability
and shall immediately reassume the powers of his office
The congress shall decide the issue. They shall convene, if not in
session, within 48 hours without need of call.
Within 10 days after receipt of last written declaration or if not in
session, within 12 days, determine it by a majority vote two-thirds
of both houses voting separately
 60. What is the right of the public when the president is in The right to be informed of the state of his health
serious illness?
61. Who are the 3 persons who shall not be denied access to Cabinet members in charge of:
the president during such illness? - National security
- Foreign relations and
Chief of Staff of the AFP
62. Is the president unable to discharge his duties in this No. the mere existence of cabinet members to be allowed to visit
section? him is that the president to make decisions. Thus, he is still able
Section 13
63. Who are the persons not authorized to hold office during The following:
their tenure? - President
- Vice President
- Cabinet Members
- Deputies and Assistants
64. What are the prohibitions? Shall not directly or indirectly:
- Practice any other profession
- Participate in any business
- Be financially interested in any contract
- Or in any franchise
- Or special privilege granted by the government
- Or any subdivision, agency, or instrumentality
- Including government-owned or controlled corporations
or their subsidiaries
- They shall avoid conflict of interest
65. Who are the relatives which are prohibited and what are Relatives:
their prohibitions? - Spouses and relatives by consanguinity or affinity within
the 4th civil degree
Prohibitions:
- Appointed as members of the Constitutional Commission
- Office of the Ombudsman, Secretaries, undersecretaries
- Chairmen or heads of bureaus or offices including
government owned or controlled corporations or
subsidiaries
 66. What is the reason for these prohibitions?
67. What is the exception to the not hold any other office
rule?
68. What is the reason for the prohibitions on relatives?
69. May the relatives who already hold office during
appointment be ousted?
Section 14
70. Are appointments of an acting president binding?
Section 15
71. What is the limitation on prescriptive period on president
appointing power?
72. Define: midnight appointments
Section 16
73. Whose consent is needed when the president appoints?
74. Who may he appoint with consent from the CA?
75. Who can vest the appointment of other offices which are
lower in rank of President and to whom may they vest it?
Because the abovementioned exercise more power so it calls for
more checks and restraints because of possibility of abuse
The persons abovementioned may be given additional functions
which are intimately related to their primary office
To avoid conflict of interest and to force the officials to devote
full time to their official duties
An anti-nepotism law
No
Yes unless the elected president revokes them within 90 days
from his assumption or reappointment
Within 2 months from the next presidential election he may not
elect unless temporary appointments to executive positions when
continued vacancies will prejudice public service or endanger
public safety
Consent of the commission on appointments
- Heads of executive departments
- Ambassadors
- Other public ministers and consuls
- Officers of the AFP from the rank of Colonel or Naval
Captain
- Other appointments vested to him by the Constitution
- Appointments for offices of the government not provided
by law
The congress has the power to vest the power of appointment by
law to the following:
- To the courts
- Heads of departments

76. What is the limitation of the power of the president to
appoint during recess of the congress?
77. Define: midnight appointments
78. What is the purpose of the Commission on Appointments?
79. Is there need for confirmation of the CA when the
president appoints judges and office of the ombudsman?
80. Who assembles the CA? What is the nature of its work?
When can they convene?
81. What is the reason for the purpose of the law stating that
the president can make appointments during recess or ad
interim?
82. Define: compulsory recess vs voluntary recess
83. When can an ad interim appointment be effective?
84. Is an ad interim appointment temporary?
85. Can an ad interim appointment be withdrawn at the
pleasure of the president?
- Agencies
- Commissions
- Boards
Shall be effective only upon disapproval by the CA or until next
adjournment of the CA
Appointments which are only temporary and can be revoked by
the next president done to executive branches when it causes
social injury
To put a limit on the appointing authority of the President
No. the check is on the burden of the JBC
The CA is assembled by the Congress and it is executive in nature
and can meet only when the congress is in session
Because when the congress is not in session, it is understood that
the CA is also not in session and he can make appointments
subject to: (1) when the CA disapproves it or ; (2) next
adjournment of Congress
Compulsory recess:
- 30 day period between session which Congress may not
meet (30 days before the 4th Monday of July, Article VI
section 15)
- Period between the beginning of a new term (noon of June
30 following an election)
- Beginning of a regular session (4th Monday of july)
Voluntary recess
- When one of the 2 houses adjourns because congress
cannot be considered in session when only 1 of them is
meeting
It does not need confirmation from the CA. it merely needs to
delivered and accepted by the appointee
No it is permanent (Matibag v Benipayo)
No it is permanent in nature and can only be revoked by the
disapproval of the CA or by bypass of the Congress
Section 17
86. The president shall have control of what departments?
87. What is his job in this section?
88. Is his power of control only over a department head?
89. Define: power of control
90. What are some powers of the president under his power of
control?
91. Define: doctrine of qualified political agency
92. Can an executive secretary or assistant executive secretary
reverse the decision of the a department head?
Article 9 – Constitutional Commissions
Section 1
1. What constitutional commissions are independent?
2. Why are they independent?
Section 2
All executive departments, bureaus and offices
To ensure that all laws are faithfully executed
No his power of control extends to all subordinate officers
The power of the president to alter/modify/nullify/set aside what a
subordinate officer had done in the performance of his duties and
to substitute the judgment of the former for that of the latter
This is at the heart of the meaning of chief executive
- Reduction of personnel
- Consolidation of offices
- Abolition of positions by reason of economy or
redundancy of functions
- Abolish an office (although this is legislative)
Since the president is a busy man, he is not expected to do all
these actions. He can delegate them to men of his confidence,
particularly his cabinet members. And all acts of the latter, unless
disapproved or reprobated by the Chief Executive, are presumed
to be the acts of the Chief Executive
Yes if he acts by authority of the president
Civil Service commission – personnel office of government
The commission on Elections – the auditing office
Commission on audit – administration of the all important
electoral process
Since they perform key functions in the government, they are to
be independent to protect their integrity
 3. What are the prohibitions as a member of the
Constitutional Commission?
Section 3
4. What fixes the salary of the Chairman and the
Commissioners?
Section 4
5. Who shall appoint their officials and employees and in
accordance with what?
Section 5
6. What shall the constitutional commission enjoy? What is
the effect of such entitlement?
7. Who releases the appropriations?
Section 6
8. May the constitutional commission agencies create their
own rules? How? And if so, on what topics and what are
the limitations?
9. What is the only profession which may be practiced while
being part of the Constitutional Commission?
10. Does the Constitutional Commission prohibit owning a
business?
11. In case of conflict between commission rules and rules of
During his tenure, he shall not:
- Hold any other office or employment
- He shall not engage in any other profession or
- In the active management or control of any business
- Not to be financially interested whether directly or
indirectly in contracts, franchise, privilege by the
government, any of its subdivisions or instrumentalities
which include government-owned corporations or their
subsidiaries
It shall be fixed by law and shall not be reduced during their
tenure
The Constitutional commission shall appoint their own officials
and employees in accordance with law
They shall enjoy fiscal autonomy; their annual approved
appropriations shall be automatically and regularly released; the
no report, no release shall not affect any organization which has
fiscal autonomy; shall not be subject to pre-audit
The department of the budget department
The constitutional agencies may create their own rules provided
that it is done en banc. They may create their own rules on
practices and pleadings provided that it does not diminish,
increase or modify substantive rights
Teaching
No it only prohibits him from being a managing officer or a
member of the governing board of the business
If the proceeding is before the commission, the commission rules.
 court, which should prevail?
12. May the Supreme Court disapprove the rules created by
the Constitutional Commission?
Section 7
13. How does the commission decide on its cases? What kind
can be brought to the commission and what is the
prescriptive period for the resolution?
14. When shall a case or matter be deemed submitted for
resolution or decision?
15. May the case be brought to the Supreme Court? How/?
And what is the prescriptive period?
16. What is the required number for a COMELEC to be en
banc? How about majority vote?
17. Are they required to produce a dissenting opinion?
18. What is first required before the Supreme Court takes
cognizance of the case?
Section 8
19. Can the Constitutional Commission perform other
functions?
The Civil Service Commission
Section 1
20. Who shall administer the Civil service and what is their
composition?
21. What are the qualifications?
If not, the Rules of Court
No. But they may only through “judicial review” when the rules
violate the Constitution (Section 5(5) Article 8)
Cases or matters may be brought to the commission which shall
be decided by a majority vote of its members and should be
decided within 60 days from the date of submission for decision
or resolution
Upon the last filing of the pleading, memorandum or brief
Yes a case may be brought to the Supreme Court by the aggrieved
party through certiorari within 30 days from the receipt of a copy
En Banc – 4
Majority Vote – 3
No
It must be filed on certiorari under rule 65, meaning, that the
petitioner must have first filed a motion for reconsideration.
Certiorari may be resorted when there is no other plain, speedy
and adequate remedy
Yes, as may be provided by law
It shall be administered by the Civil Service Commission
composed of:
- A chairman
- 2 commissioners
- Natural born citizens of the Philippines
- At least 35 years of age at the time of their appointment
- Proven capacity for public administration
- Must not have been candidates for any elective position in
the elections immediately preceding their appointment
 22. Who appoints the chairman and the 2 commissioners,
what is the duration of their term and can they be
reappointed?
23. What is the effect of filling a spot due to vacancy?
24. Can there be appointment for temporary or acting
capacity?
25. Define: Civil service
26. What is the purpose of civil service?
Section 2
27. What does civil service embrace?
28. Appointments to the civil service are made according to
what?
29. How can an employee of civil service be removed or
suspended?
30. What are the prohibitions as a member of the civil
service?
31. What right is not denied to its employees?
32. What right is given to temporary employees?
33. define: original charter
34. what is the role of CSC in appointments?
35. Can the president remove members of the CSC?
36. Do temporary members enjoy security of tenure?
The president with the consent of the CA. They shall serve a term
of 7 years without reappointment
Serve only the unexpired term
No.
It is the professional body of officials employed by the state in a
non-military and non-judicial services
To establish and promote professionalism and efficiency in public
service
It embraces all branches, subdivisions, instrumentalities and
agencies of the government including government-owned or
controlled corporations
Merit and fitness
By causes provided by law
To not engage whether directly or indirectly in:
- Any electioneering or
- Partisan political campaign
The right to self-organization
Given protection as may be provided by law
Those created through special law and not through the general
corporation law
It only determines the qualifications of the candidates; it plays no
role in the choice of person
Yes since he is the one who appoints them but not at his pleasure
like his cabinet members. The power is limited. They can only be
removed for cause an in accordance with procedural rules
No only the permanent members but this does not mean that they
can be ejected at any time. They are entitled to protection as may
be provided by law
 37. Define: partisan political activities
Section 3
38. What is the role of the civil service?
39. What shall the CSC establish and when shall it make a
report to the government?
40. Can the CSC revoked certifications on its own?
Section 4
41. What oath or affirmation does all public officers and
employees take?
Section 5
42. Who shall provide for the compensation of government
officials and employees and what is taken into account?
Section 6
43. Define: political lame ducks
Section 7
44. What is the prohibition of elective officials with regards to
other offices?
45. Does the appointment in another office forfeit his current
one?
Section 8
46. What is prohibited to a public officer in terms of salary
and emoluments?
47. Are pensions and gratutities considered as double?
48. What is the reason for this prohibition?
49. Differentiate: additional and double compensation
This refers to every form of solicitation of the elector’s vote in
favor of a specific candidate; it includes the contribution of
money for election purposes and distribution of handbilss
This is the central personnel agency of the government
It shall establish a career service and adopt measures to promote
morale, efficiency, responsiveness, progressiveness in the Civil
service; it shall submit an annual report to the President and to the
Congress of its progress
Yes the power to certify comes with it the power to revoke moto
proprio
An oath or affirmation to defend the Constitution
The congress, taking into account the responsibilities and
qualifications
This means that any candidate who has lost in any election shall,
within 1 year after such election, be appointed in any office in the
government
He shall not be eligible for appointment or designation during his
tenure
No. the subsequent appointment shall be void without affecting
his current office
He may not receive any additional, double or indirect
compensation unless specifically authorized by law
No
Because the public office is public trust hence his main agenda is
the demands of the public welfare
Additional – from the same office

The Commission on Elections
50. What is the composition and qualifications of the
COMELEC?
51. Who appoints the members and what is their term and
reappointments?
52. What are the functions and powers of the COMELEC?
Double – from 2 offices
It shall be composed of 1 chairman and 6 commissioners
Qualifications:
- A natural born citizen of the Philippines
- At the time of the appointment, 35 years of age
- Holders of a college degree
- Not candidates of any elective position immediately
preceding the election
However the majority including the chairman shall be in
additional:
- A member of the Philippine bar
- And engaged in the practice of law for at least 10 years
The president with the consent of the CA. Term for 7 years with
no reappointment. Vacancy is for the unexpired term and no
temporary or acting chairman
- Enforce and administer all laws and regulations relative to
the conduct of an election, plebiscite, initiative,
referendum and recall
- Exercise original jurisdiction over all contests relating to
the elections, returns and qualifications of all elective
regional, provincial and city officials; appellate
jurisdiction over all contests including municipal officials
decided by trials courts or involving elective barangay
officials decided by trial courts of limited jurisdiction
- Decide all questions including the determination of
number and location of polling places, appointment of
election officials and inspectors
- Deputize with the concurrence of the President, law
enforcement agencies and instrumentalities of the
government including the AFP for the purpose of ensuring
free, orderly, honest peaceful elections
- File upon a verified complaint, a petition to the court for

53. When are the decisions of COMELEC final, executory
and non-appealable?
54. May the COMELEC handle cases involving the right to
vote?
55. Who are excluded from registration?
56. Since it is an administrative agency, what powers does it
exercise?
57. Can the COMELEC annul an election?
58. Once there is a proclamation of a winner, who has the
jurisdiction to handle the questions?
59. Does the COMELEC handle electoral questions
concerning Sangguniang Kabataan?
60. Does the ‘non appealability of decisions concerning
elective municipal officials’ mean that it cannot be
handled by the SC?
61. What is the effect of registering a political party?
62. Are party list who gain their inspiration from religious
sects disqualified?
63. Who disciplines fiscals and prosecutors?
Section 3
64. How does the COMELEC sit and what differs?
Section 4
65. What may the COMELEC regulate or supervise during the
time of elections?
inclusion and exclusion of voters
Contests involving elective municipal and barangay offices
No
Religious denominations
Those which seek to achieve their goals through violence or
unlawful means or refuse to uphold and adhere to the Constitution
or
Supported by a foreign government
Executive, quasi-judicial and quasi-legislative
Yes If the COMELEC sees that the will of the voters has been
defeated and the election sullied
The Electoral Tribunal
No. this is for the Department of Local Government
No this only pertains to questions of facts and not law.
Appealable through rule 65b
It gains juridical capacity and the privilege to participate in a
party-list system; it informs the people of the party or
organization’s existence as well as of its ideals
No this only refers to catholic church, protestant denominations
and non-christian religious beliefs
The Secretary of Justice
En banc – motion for reconsideration of decisions
Divisions in two – all election cases shall be decided in divisions
- Transportation and other public utilities
- Media of communication or information
 66. What is the purpose of this section?
Section 5
67. Can amnesty, pardon, parole or suspension of sentence be
granted by the President for violation of election law?
Section 6
68. May a party list system be allowed to evolve?
Section 7
69. What is the requirement for a political party to validly
receive votes?
Section 8
70. Where should political parties not be represented?
Section 9
71. When is the election period?
72. Differentiate: election period from campaign period
Section 10
73. What are bona fide candidates entitled to?
Section 11
74. To where does the COMELEC get its funds from?
The Commission on Audit
75. What is the composition of the commission on audit?
76. What are the qualifications?
For equalization to prevent the rich from enjoying undue
advantage offered by media and transportation during election
period
Yes but it needs the favorable recommendation of the COMELEC
Yes according to the free choice of the people subject to the
provisions of this article
It should be registered with the COMELEC
- In voters’ registration boards
- Boards of election inspectors
- Boards of canvassers and
- Other similar bodies
-
It shall commence 90 days before the election and end 30 days
thereafter
Election period – time needed to administer an election
Campaign period – solicitation of votes
Free from any form of harassment or discrimination
From the regular or special appropriations which shall be released
automatically upon certification by the chairman of the
COMELEC
1 chairman and 2 commissioners
- Natural born citizen of the Philippines
- At least 35years of age at time of the appointment
- A CPA with at least 10 years auditing experience or 10 a
 member of the Philippine bar with 10 years of experience
- Not been candidates in any elective position
77. What is the only prohibition? That no time should all the members be of the same profession
78. What is the tenure? Same shit
79. What is the purpose of the commission? To examine if the accuracy of the records kept by the officials
who collect, keep and expend these public funds are in
conformity with the law and to take corrective action when
necessary
Section 2
80. What are the duties, powers and authority of the - Duty to examine and settle all accounts pertaining to
Commission on audit? revenue and receipt thereof and expenditures or uses of
funds and property
- Post audit on: constitutional bodies and commissions
which have been granted fiscal autonomy; autonomous
state colleges and universities; government owned
corporations and their subsidiaries; non-governmental
entities receiving subsidy or equity
81. What exclusive authority does the commission on audit Exclusive authority on:
have? - Define the scope of its audit examination
- Establish the techniques and methods required
- Promulgate accounting and auditing rules and regulations
Section 3
82. What is the prohibition? No law shall be passed exempting any government from the
jurisdiction of the commission on audit
Section 4
83. To whom must it submit its annual report? President and congress

Article 12 – National Economy and Patrimony

Section 3
1. The lands of public domain are classified into? - Agricultural
- Forest or timber

2. What lands are alienable?
3. How can private corporations hold such lands of the
public domains?
4. What are the limits of land on Filipino citizens?
5. Who shall determine the size of lands of public domain?
Article 17 – amendments and revisions
Section 1
1. Who may propose amendments or revisions?
Section 2
2. May the people propose amendments to the constitution?
3. What are the 2 prohibitions on initiative and referendum?
4. Can initiative and referendum be used for revisions?
5. Define: amendment
6. Define: revision
7. What are the 2 ways which a constitution may be
changed?
8. What are the 2 steps in amending/revising?
- Mineral lands
- National parks
Agricultural lands are alienable
They may hold such lands only through lease for a period not
exceeding 25 years and renewable for not more than 25 year and
must not exceed 1000 hectares in area
They may only lease not more than 500 hectares or acquire not
more than 12 hectares by purchase, homestead or grant
The congress
- Congress by ¾ of all its members
- A constitutional convention
-
Yes by initiative upon petition of at least 12% of the total number
of registered voters if which every legislative district is
represented by 3% of the voters therein
No amendment shall be authorized within 5 years from the
ratification and
No amendment foe more than once every 5 years or oftener
No
Alteration of one or a few specific seperable provisions; intention
to improve specific parts or to add new provisions; result is not a
new fundamental charter
Re-examination of the whole document; may involve re-writing
of the whole constitution
Revolution and Revision
- Proposal of amendments or revision and
 - Ratification of the proposed amendments or revisions
9. Who can propose amendments? - Congress acting as constituent assembly or
- Constitutional convention called by congress
10. Should the house vote jointly or separately? Nothing in the constitution so it implies that the houses may both
separately and pass it to the other house for concurrence; the
congress may also vote jointly if it wants since this is a political
question
11. Define: initiative Method whereby the people themselves can directly propose
amendments to the Constitution
12. Can Congress alter a proposed amendment passed through No
initiative?
13. What is the reason for the 2 prohibitions on initiative and Because it is both an extraordinary and cumbersome process and
referendum? to use it frequently can unduly hamper government operations
14. Define: constituent assembly Is a legislative body of the highest order to which the attribute of
sovereignty is sometimes ascribed
15. Who can call for a plebiscite? Congress
Section 4
16. When shall a proposed draft under initiative and When ratified by a majority of the votes cast in a plebiscite which
referendum be considered valid? shall be held not earlier than 60 days but not latter than 90 days
17. What is the procedure for amendments or revisions? - Proposed by the congress or by a concon called by the
congress and voted by the congress at ¾ majority vote
- Amendments are submitted to the people for ratification
- Amendments are approved by a majority vote cast in the
plebiscite