LESSON 3: GOVERNMENT SENATE

Keywords and Phrases: Composition

Certiorari renunciation Twenty-four (24) senators elected at large. (Sec. 2,

Article VI)
Writ of habeas corpus veto
Qualifications
alien Mandamus
A Senator must be a:
Quo warranto deportation (1) natural-born citizen of the Philippines
Legislative bill (2) on the day of the election, at least 35 years of age,
Judiciary statutes (3) able to read and write,
amnesty (4) a registered voter, and

ARTICLE VI (5) a resident of the Philippines for not less than two
years immediately preceding the day of the election.
LEGISLATIVE BRANCH
(Section 3, Article VI)

Introduction
Term of Office
A legislature is a kind of deliberative assembly with Six years, commencing at noon on the 30th day of the
the power to pass, amend, and repeal laws.  next following their election provided that no Senator
shall serve for more than two consecutive terms.
The law created by a legislature is called legislation Voluntary renunciation of office for any length of time
or statutory law. In addition to enacting laws, shall not be considered an interruption in the continuity
legislatures usually have exclusive authority to raise or of his service for the full term for which elected
lower taxes and adopt the budget and other money (Section 4, Article VI).
bills. Legislatures are known by many names, the most
common being parliament and congress, although these HOUSE OF REPRESENTATIVES
terms also have more specific meanings. Composition
Not more than 250 members, unless otherwise
In parliamentary systems of government, the provided by law, consists of:
legislature is formally supreme and appoints a member 1. District representatives elected form legislative
from its house as the prime minister which acts as districts apportioned among the provinces, cities and
the executive. In a presidential system, according to the Metropolitan Manila area.
the separation of powers doctrine, the legislature is 2. Party-list representatives who shall constitute
considered an independent and coequal branch of twenty per centum of the total number of
government along with both the judiciary and the representatives elected through the party-list system.
executive. (Section 5, Article VI)

The primary components of a legislature are one or Qualifications

more chambers or houses:
assemblies that can debate and vote upon bills.
legislature with only one house is called unicameral.
A bicameral legislature possesses two separate
chambers, usually described as an upper house and a
lower house, which often differ in duties, powers, and
the methods used for the selection of members.
The Philippine Legislature is composed of the Senate
and the House of Representatives.
A member of the House of Representatives must be a:
A (1) natural-born Filipino citizen,
(2) on the day of election, at least 25 years of age,
(3) able to read and write, and, except the party-list
representatives,
(4) a registered voter in the district in which he shall be
elected, and a resident thereof for not less than one
year immediately preceding the day of election.
Term of Office
A representative shall serve for three years,
commencing at noon on the 30th day of June next
following their elections provided no representative
shall serve for more than three consecutive terms.
(Section 7, Article VI)
Privileges: (Section 11, Article VI)
(1) Freedom from arrest and
(2) Privilege of speech and of debate
Privileges of Members (Sec. 11, Article VI)
Freedom from arrest
A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than six
years of imprisonment, be privileged from arrest while
Congress is in session
Privilege of speech and debate
No member shall be questioned nor be liable in any
other place for any speech and debate in Congress or in
any committee thereof.
Powers
Legislative power
It is the power conferred by the Constitution to
propose, enact, amend and repeal laws.
Legislative Process
Bill preparation
The House Member (or the Congressman/woman)
prepares and drafts the bill, or the Bill Drafting
Division of the Reference and Research Bureau does
the same upon the Member’s request. Bills and
proposed resolutions are required to be signed by their
author or authors.
First reading
The bill is filed with the Bills and Index Service and
the same is numbered and reproduced. Three days after
the filing, the same is included in the Order of Business
for First Reading. On First Reading, the Secretary
General reads the title and number of the bill. The
Speaker then refers the bill to the appropriate
committee/s.
Committee consideration or action
The Committee to which the bill was referred is tasked
to evaluate and determine the necessity of conducting
public hearings. If public hearings are necessary, it
schedules the time thereof, issues public notices, and
invites resource persons for the proposed legislation. If
there is no need to conduct public hearings, the bill is
scheduled for Committee discussions. Based on the
results of the public hearings or Committee
Discussions, the Committee may introduce
amendments, consolidate bills on the same subject
matter, or propose a substitute bill. It then prepares a
corresponding Committee Report. The Committee
approves the Committee Report before its formal
transmission to the Plenary Affairs Bureau.
Second reading
The Committee Report is registered and numbered by
the Bills and Index Service. It will be included in the
Order of Business and referred to the Committee on
Rules, which then schedules the bill for consideration
on Second Reading. Committee Reports are prepared
by the secretary of the Committee and duly approved
by the Chairman, Vice-Chairmen and members of the
Committee. On Second Reading, the Secretary General
reads the number, title and text of the bill in the plenary
session. The period of sponsorship and debate and/or
amendments may take place. Voting may be through
viva voce (verbal “aye” and “no” vote), counted by
tellers, division of the House, or nominal voting.
Third reading
The amendments, if any are engrossed or collated and
printed copies are reproduced. The engrossed bill is
included in the Calendar of Bills for Third Reading.
Copies of the same are distributed to the House
Members three days before its Third Reading. On
Third Reading, the Secretary General reads only the
number and title of the bill. A roll call or nominal
voting is called. A Member is given three minutes to
explain his/her vote if he/she desires. Amendment of
the bill is not allowed at this stage. The bill is approved
if majority of the House Members show an affirmative
vote. If the bill is disapproved, it is transmitted to the shall proceed separately to consider the bill or the
archives. vetoed item of the bill. If two-thirds of the Members
voted in favor of the bill, or its vetoed items, such bill
or items shall become a law
Transmittal to the Senate
The approved bill is sent to the Senate for its
Limitations
concurrence.
All appropriations, revenue or tariff bills, bills
authorizing increase in public debt, bills of local
Senate action
application, and private bills shall originate exclusively
The approved bill of the House undergoes the same
in the House of Representatives, but the Senate may
legislative process in the Senate.
propose or concur with amendments. (Sec. 23, Article
VI)
Conference committee
A conference committee is formed and is composed of
Every bill passed by Congress shall embrace only one
both Members from each House (Congress and Senate)
subject which shall be expressed in the title thereof.
to settle, reconcile, and thresh out differences on any
(Sec. 26, Article VI)
provisions of the bill. A Conference Committee report
is prepared and signed by all conferees and the
No bill passed by either House shall become a law
Chairman. It is then submitted for consideration or
unless it has passed three readings on separate days,
approval of both Houses. Any amendments are not
and printed copies thereof in its final form have been
allowed.
distributed to its Members three days before its
passage, except when the President certifies to the
Transmittal to the President
necessity of its immediate enactment to meet a public
Copies of the bill signed by the Senate President and
calamity or emergency. Upon the last reading of a bill,
the Speaker of the House of Representatives, and
no amendment thereto shall be allowed, and the vote
certified by both of the Secretary of the Senate and the
thereon shall be taken immediately thereafter, and the
Secretary General of the House, are transmitted to the
yeas and nays entered in the Journal. (Section 27,
President.
Article VI)

Presidential action
Power of Appropriation
If the bill is approved by the President, it is assigned an
Congress has the spending power or the “power of the
RA (Republic Act) number and transmitted to the
purse”.
House where it originated. In case of a veto, the bill is
transmitted to the House where it originated, together
Limitations
with a message citing the reason for the veto.
Congress may not increase the appropriations
recommended by the President for the operation of the
Action on the approved bill
Government as specified in the budget. (Section 25,
The bill is reproduced and copies are sent to the
Article VI)
Official Gazette Office for publication and distribution
to implementing agencies. It is then included in the
The form, content, and manner of preparation of the
annual compilations of Acts and Resolutions.
budget shall be prescribed by law. (Section 25, Article
VI)
Action on vetoed bill
The message is included in the Order of Business. If
No provision or enactment shall be embraced unless it
the Congress decides to override the veto, both Houses
relates specifically to some particular appropriation
therein. Any such provision or enactment shall be
limited in its operation to the appropriation to which it
relates. (Section 25, Article VI)
No law shall be passed authorizing any transfer of
appropriations, however, the President, the President of
the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme
Court, and the heads of Constitutional Commissions
may, by law, be authorized to augment any item in the
general appropriation law for their respective offices
from savings in other items of their respective
appropriations. (Section 25, Article VI)
No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, other
religious teacher, or dignitary as such, except when
such priest, preacher, minister, or dignitary is assigned
to the armed forces, or to any penal institution, or
government orphanage or leprosarium. (Sec. 29,
Article VI)
Power of Taxation
Taxation is the act of levying the tax, i.e., the process
or means by which the sovereign, through its law-
making body, raises income to defray the necessary
expenses of the government. It is merely a way of
apportioning the cost if the government among those
who in some measures are privileged to enjoy its
benefits and, therefore, must bear its burdens. (71 Am
Jur. 2nd 342; 1 Cooley 72-73).
Limitations (Section 28, Article VI)
The rule of taxation shall be uniform and equitable.
The Congress shall evolve a progressive system of
taxation
The Congress may, by law, authorize the President to
fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonnage and wharfage
dues, and other duties or imposts within the framework
of the national development program of the
Government.
Charitable institutions, churches and personages or
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt
from taxation.
Power of Legislative Investigation
A. Inquiries in aid of legislation (Sec. 21, Article VI)
The Senate or the House of Representatives or any of
its respective committees may conduct inquiries in aid
of legislation in accordance with its duly published
rules of procedure. The rights of persons appearing in,
or affected by, such inquiries shall be respected.
B. Question Hour (Sec. 22, Article VI)
The heads of departments may, upon their own
initiative, with the consent of the President, or upon the
request of either House, as the rules of each House
shall provide, appear before and be heard by such
House on any matter pertaining to their departments.
Written questions shall be submitted to the President of
the Senate or the Speaker of the House of
Representatives at least three days before their
scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters
related thereto. When the security of the State or the
public interest so requires and the President so states in
writing, the appearance shall be conducted in executive
session.
Distinctions
A distinction has been made between the power to
conduct inquiries in aid of legislation, the aim of which
is to elicit information that may be used for legislation,
and the power to conduct a question hour, the objective
of which is to obtain information in pursuit of
Congress oversight function. (Senate v. Ermita)
War Powers
The Congress, by a vote of two-thirds of both Houses
in joint session assembled, voting separately, shall
have the sole power to declare the existence of a state
of war.

In times of war or other national emergency, the

Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to
carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers
shall cease upon the next adjournment thereof.

Concurrence Power
Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines
and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the
Congress. (Sec. 19, Article VII)
No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of
all the Members of the Senate. (Sec. 21, Article VII)

Other powers
1. Power to call special elections for President and
Vice President (Section 10, Article VII)
2. Power to judge the Presidents physical fitness to
discharge the functions of his office (Section 11,
Article VII)
3. Power to revoke or extend suspension of the
privilege of the writ of habeas corpus or declaration of
martial law (Section 18, Article VII)
4. Power to concur certain appointments made by the
President
5. Power of impeachment (Section 2, Article XI)
6. Power relative to natural resources (Section 2,
Article XII)
7. Power to propose amendments to the Constitution
(Section 1 and 2, Article XVII)

ARTICLE VII
EXECUTIVE BRANCH
Introduction
The executive branch is the part of government  that
has sole  authority and responsibility for the daily
administration of the state. The division of power into
separate branches of government is central to the idea
of the separation of powers.
In many countries, the term "government" connotes
only the executive branch. However, this usage fails to
differentiate between despotic and democratic forms of
government.
In authoritarian systems,dictatorship or absolute
monarchy, where the different powers of government
are assumed by one person or small oligarchy, the
executive branch ceases to exist since there is no other
branch with which to share separate but equal
governmental powers.
The separation of powers system is designed to
distribute authority away from the executive branch—
an attempt to preserve individual liberty in response to
tyrannical leadership throughout history. The executive
officer is not supposed to make laws (the role of
the legislature) or interpret them (the role of
the judiciary). The role of the executive is to enforce
the law as written by the legislature and interpreted by
the judicial system.
The Philippine Executive Branch
It is headed by a President who is the head of the state
as well as ot the government.
Qualifications:
(1) natural-born citizen of the Philippines,
(2) a registered voter,
(3) able to read and write,
(4) at least forty years of age on the day of the election,
and a
(5) resident of the Philippines for at least ten years
immediately preceding such election. (Sec. 2 Article
VII)
There shall be a Vice-President who shall have the
same qualifications and term of office and be elected
with, and in the same manner, as the President. He may
be removed from office in the same manner as the
President. (Sec. 3, Article VII)
Term of Office
The President and the Vice-President shall be elected
by direct vote of the people for a term of six years
which shall begin at noon on the thirtieth day of June
next following the day of the election and shall end at
noon of the same date, six years thereafter. The
President shall not be eligible for any re-election. No
person who has succeeded as President and has served
as such for more than four years shall be qualified for
election to the same office at any time.
No Vice-President shall serve for more than two
successive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of the service for the full
term for which he was elected (Sec. 4, Article VII).
Oath of Office
Before they enter on the execution of their office, the
President, the Vice-President, or the Acting President
shall take the following 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 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." (In case of
affirmation, last sentence will be omitted.) (Sec. 5,
Article VII)
Privileges (Sec. 6, Article VII)
The President shall have an official residence.
The salaries of the President and Vice-President shall
be determined by law and shall not be decreased during
their tenure. No increase in said compensation shall
take effect until after the expiration of the term of the
incumbent during which such increase was approved.
They shall not receive during their tenure any other
emolument from the Government or any other source.
Immunity from suit
In the case of In re: Bermudez, the Supreme Court
expressly held that, incumbent presidents are immune
from suit or from being brought to court during the
period of their incumbency and tenure.
In Soliven v. Makasiar, where the Supreme Court
stated that the rationale for the grant to the President of
the privilege of immunity from suit is to assure the
exercise of Presidential duties and functions free from
any hindrance or distraction, considering that being the
Chief Executive of the Government is a job that, aside
from requiring all of the office-holder’s time, also
demands undivided attention.
Executive privilege
Fr. Joaquin Bernas explained executive privilege as the
power of the President to withhold certain types of
information from the courts, the Congress and
ultimately the public. The types of information include
those which are of a nature that disclosure would
subvert military or diplomatic objectives, or
information about the identity of persons who furnish
information of violations of law, or information about
internal deliberations comprising the process by which
government decisions are reached.
Prohibition and Inhibitions (Sec. 13, Article VII)
The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold
any other office or employment during their tenure.
They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in
any business, or be financially interested in any
contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency,
or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries.
They shall strictly avoid conflict of interest in the
conduct of their office.
The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not,
during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their
subsidiaries.
Presidential succession
Vacancy at the beginning of the term (Sec. 7, Article
VII)
1. If the President-elect fails to qualify, the Vice
President-elect shall act as President until the
President-elect shall have qualified.
2. If a President shall not have been chosen, the Vice
President-elect shall act as President until a President
shall have been chosen and qualified.
3. If at the beginning of the term of the President, the
President-elect shall have died or shall have become
permanently disabled, the Vice President-elect shall
become President.
4. Where no President and Vice-President shall have
been chosen or shall have qualified, or where both shall
have died or become permanently disabled, the
President of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall act as
President until a President or a Vice-President shall
have been chosen and qualified.
Vacancy during the term (Sec. 8, Article VII)
1. In case of death, permanent disability, removal from
office, or resignation of the President, the Vice-
President shall become the President to serve the
unexpired term.
2. In case of death, permanent disability, removal from
office, or resignation of both the President and Vice-
President, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives,
shall then act as President until the President or Vice-
President shall have been elected and qualified.
Temporary disability (Sec. 11, Article VII)
1. Whenever the President transmits to the President of
the Senate and the Speaker of the House of
Representatives his written declaration that he is
unable to discharge the powers and duties of his office,
and until he transmits to them a written declaration to
the contrary, such powers and duties shall be
discharged by the Vice-President as Acting President.
2. Whenever a majority of all the Members of the
Cabinet transmit to the President of the Senate and to
the Speaker of the House of Representatives their
written declaration that the President is unable to
discharge the powers and duties of his office, the Vice-
President shall immediately assume the powers and
duties of the office as Acting President.
Thereafter, when the President transmits to the
President of the Senate and to the Speaker of the House
of Representatives his written declaration that no
inability exists, he shall reassume the powers and
duties of his office. Meanwhile, should a majority of
all the Members of the Cabinet transmit within five
days to the President of the Senate and to the Speaker
of the House of Representatives, their written
declaration that the President is unable to discharge the
powers and duties of his office, the Congress shall
decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours,
in accordance with its rules and without need of call.
If the Congress, within ten days after receipt of the last
written declaration, or, if not in session, within twelve
days after it is required to assemble, determines by a
two-thirds vote of both Houses, voting separately, that
the President is unable to discharge the powers and
duties of his office, the Vice-President shall act as
President; otherwise, the President shall continue
exercising the powers and duties of his office.
Powers of the President
Executive power
The executive power is the power to enforce and
administer the laws. (National Electrification
Administration v. Court of Appeals). Executive power
is more than the sum of specific powers enumerated in
the Constitution. It includes residual powers not
specifically mentioned in the Constitution. (Marcos v.
Manglapus)
Power of Appointment
It refers to the power to select, by the authority vested
with the power, an individual who is to exercise the
powers of a given office. Section 16, Article VII
specifically provides that:
The President shall nominate and, with the consent of
the Commission on Appointments,
(1) appoint the heads of the executive departments,
(2) ambassadors, other public ministers and consuls, or
(3) officers of the armed forces from the rank of
colonel or naval captain, and
(4) other officers whose appointments are vested in
him in this Constitution.
He shall also appoint (5) all other officers of the
Government whose appointments are not otherwise
provided for by law, and (6) those whom he may be
authorized by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in
rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or
boards.
Power of Removal
As a general rule, the power of removal may be
implied from the power of appointment. However, the
President cannot remove officials appointed by him
where the Constitution prescribes certain methods for
separation of such officers from public service.
(Nachura, Outline/Reviewer in Political Law)
Power of Control
The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that
the laws be faithfully executed. (Sec. 17, Article VII)
The power of control is the power of an officer to alter,
modify or set aside what a subordinate officer had done
in the performance of duties and to substitute the
judgment of the former-for the latter (Mondano v.
Silvosa). An officer in control lays down the rules in
the doing of an act. If they are not followed, the officer
may in his/ her discretion order the act undone or re-
done by the subordinate or the officer may even decide
to do the act himself/ herself. The officer may alter the
wisdom of a law-conforming judgment made by the
subordinate.
Alter ego principle
Under this doctrine, which recognizes the
establishment of a single executive, all executive and
administrative organizations are adjuncts of the
Executive Department, the heads of the various
executive departments are assistants and agents of the
Chief Executive, and, except in cases where the Chief
Executive is required by the Constitution or law to act
in person or the exigencies of the situation demand that
he act personally, the multifarious executive and
administrative functions of the Chief Executive are
performed by and through the executive departments,
and the acts of the Secretaries of such departments,
performed and promulgated in the regular course of
business, are, unless disapproved or reprobated by the
Chief Executive, presumptively the acts of the Chief
Executive.
Power of Supervision
The President of the Philippines shall exercise general
supervision over local governments. It is the power of
the President to see to it that local officers perform
their functions in accordance with law.
Military Powers (Sec. 18, Article VII)
1. Commander-in-Chief of the Armed Forces
“The President shall be the Commander-in-Chief of all
armed forces of the Philippines…”
2. Calling-out Power
“… and whenever it becomes necessary, he may call
out such armed forces to prevent or suppress lawless
violence, invasion or rebellion.”
3. Suspension of the privilege of the writ of habeas
corpus
“In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding
sixty days, suspend the privilege of the writ of habeas
corpus…”
Grounds: Invasion or rebellion, when public safety so
requires it.
Duration: Not to exceed sixty days, following which it
shall be lifted, unless extended by Congress
The President has the duty to report action to Congress
within 48 hours, personally or in writing.
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension
thereof, and must promulgate its decision thereon
within thirty days from its filing
The suspension of the privilege of the writ shall apply
only to persons judicially charged for rebellion or
offenses inherent in or directly connected with
invasion. (Sec. 18, Article VII)
The suspension of the privilege of the writ does not
impair the right to bail (Sec. 13, Article III)
During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially
charged within three days, otherwise he shall be
released.
4. Martial law
“…or place the Philippines or any part thereof under
martial law.”
A state of martial law does not suspend the operation
of the Constitution, nor supplant the functioning of the
civil courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the
writ.
Power of Executive Clemency
Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines
and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the
Congress. (Sec. 19, Article VII)
Pardon refers to an act of grace which exempts the
individual on whom it is bestowed from the
punishment that the law inflicts for the crime he has
committed.
Commutation is the reduction or the mitigation of the
penalty.
Reprieve is the postponement of a sentence or stay of
execution.
Parole is the release from imprisonment, but without
full restoration of liberty, as parole is still in the
custody of the law although not in confinement.
Amnesty is an act of grace, concurred in by legislature,
usually extended to groups of persons who committed
political offenses, which puts into oblivion the offense
itself.
Limitations
1) Cannot be granted in cases of impeachment
(Sec. 19, Article VII)
2) Cannot be granted in cases of violation of
election laws without the favorable
recommendation of the Commission on
Elections (Sec. 5, Article IX-C)
3) Can be granted only after conviction by final
judgment
4) Cannot be granted in cases of legislative
contempt or civil contempt
5) Cannot absolve the convict of civil liability
(People v. Nacional)
6) Cannot restore public offices forfeited
(Monsanto v. Factoran)
Foreign Relation Power
The President as head of the state is the representative
of the Philippines in dealing with other states.
Power of Recognition
The Philippines may or may not extend recognition to
a newly established state or government. This right of
recognition is inherent to a state. No one can compel
the Philippines to recognize a state or government even
though they deserve recognition. The exercise of the
exclusive discretionary authority of extending
recognition by the President is beyond the expanded
power of judicial review by the judiciary, the same
being a purely political question.
Power to Send and Receive Diplomatic Missions
Right of legation is an important attribute of a state.
The Philippines as a sovereign State may enter into a
diplomatic relation with other State by sending its
diplomatic corps to receiving States and by receiving
diplomatic corps by sending States.
Power to deport Alien
The power to deport alien is an inherent right of the
State. The power to deport alien is lodged to the
president of the Republic of the Philippines.
Power to Borrow or Guarantee Foreign Loan
The President may contract or guarantee foreign loans
on behalf of the Republic of the Philippines with the
prior concurrence of the Monetary Board, and subject
to such limitations as may be provided by law. The
Monetary Board shall, within thirty days from the end
of every quarter of the calendar year, submit to the
Congress a complete report of its decision on
applications for loans to be contracted or guaranteed by
the Government or government-owned and controlled
corporations which would have the effect of increasing
the foreign debt, and containing other matters as may
be provided by law. (Sec. 20, Article VII)

Power to Enter Treaty or International Agreement
The power to enter into a treaty or international
agreement is an attribute of States. The authorized
representative of the states in concluding a treaty or
international agreement is the President subject to the
power of concurrence by the senate.
Budgetary power
The President shall submit to the Congress, within
thirty days from the opening of every regular session as
the basis of the general appropriations bill, a budget of
expenditures and sources of financing, including
receipts from existing and proposed revenue measures.
(Sec. 22, Article VII)
Informing power
The President shall address the Congress at the opening
of its regular session. He may also appear before it at
any other time (Sec. 23, Article VII)
Article VIII
JUDICIAL BRANCH
The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established
by law (Sec. 1, Article VIII)
Judicial power
Judicial power includes the duty of the courts
of justice to settle actual controversies involving rights
which are legally demandable and enforceable.
Judicial review
Power to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or
instrumentality of the Government.
Requisites of judicial review
1. Actual case/controversy
For a court to exercise its power of adjudication, there
must be an actual case of controversy — one which
involves a conflict of legal rights, an assertion of
opposite legal claims susceptible of judicial resolution;
the case must not be moot or academic or based on
extra-legal or other similar considerations not
cognizable by a court of justice.
2. Proper party
Actual case or controversy must be raised by a proper
party. It refers to a personal and substantial interest in
the case such that the party has sustained or will sustain
direct injury as a result of the governmental act that is
being challenged.
3. Earliest possible opportunity
It must be raised at the earliest possible opportunity.
4. Constitutional or legal question must be
necessary to the determination of the case itself
This last requisite of judicial review is simply an
offshoot of the presumption of validity accorded the
executive and legislative acts of our co-equal branches
of the government. Ultimately, it is rooted in the
principle of separation of powers. Given the presumed
validity of an executive act, the petitioner who claims
otherwise has the burden of showing first that the case
cannot be resolved unless the constitutional question he
raised is determined by the Court.
It is a basic principle in constitutional adjudication that
enjoins the court from passing upon a constitutional
question, although properly presented, if the case can
be disposed of on some other ground. In constitutional
law terms, this means that we ought to refrain from
resolving any constitutional issue "unless the
constitutional question is the lis mota of the case
(General v. Urro)
It is a well-settled maxim of adjudication that an issue
assailing the constitutionality of a governmental act
should be avoided whenever possible. Succinctly put,
courts will not touch the issue of constitutionality
unless it is truly unavoidable and is the very lis mota or
crux of the controversy (Francisco v. House of
Representatives)
Appointment to the Judiciary (Sec. 7, Article VIII)
No person shall be appointed Member of the Supreme
Court or any lower collegiate court unless he is a
natural-born citizen of the Philippines. A Member of
the Supreme Court must be at least forty years of age,
and must have been for fifteen years or more, a judge
of a lower court or engaged in the practice of law in the
Philippines.
The Congress shall prescribe the qualifications of
judges of lower courts, but no person may be appointed
judge thereof unless he is a citizen of the Philippines
and a member of the Philippine Bar.
A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
Judicial and Bar Council (Sec. 8, Article VIII)
A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the (1)
Chief Justice as ex officio Chairman, the (2) Secretary
of Justice, and a (3) representative of the Congress as
ex officio Members, a (4) representative of the
Integrated Bar, a (5) professor of law, a (6) retired
Member of the Supreme Court, and a (7) representative
of the private sector.
The regular members of the Council shall be appointed
by the President for a term of four years with the
consent of the Commission on Appointments. Of the
Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor
of law for three years, the retired Justice for two years,
and the representative of the private sector for one
year.
The Clerk of the Supreme Court shall be the Secretary
ex officio of the Council and shall keep a record of its
proceedings.
The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme
Court. The Supreme Court shall provide in its annual
budget the appropriations for the Council.
The Council shall have the principal function of
recommending appointees to the judiciary. It may
exercise such other functions and duties as the
Supreme Court may assign to it.
The Supreme Court
Composition
The Supreme Court shall be composed of a Chief
Justice and fourteen Associate Justices. It may sit en
banc or in its discretion, in division of three, five, or
seven Members. Any vacancy shall be filled within
ninety days from the occurrence thereof (Sec. 4, Article
VIII)
En banc cases
(1) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which
shall be heard by the Supreme Court en banc, and
(2) all other cases which under the Rules of Court are
required to be heard en banc,
(3) including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and
other regulations, shall be decided with the
concurrence of a majority of the Members who actually
took part in the deliberations on the issues in the case
and voted thereon.
(4) When the required number is not obtained, the case
shall be decided en banc: Provided, that no doctrine or
principle of law laid down by the court in a decision
rendered en banc or in division may be modified or
reversed except by the court sitting en banc.
Division cases
Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the
Members who actually took part in the deliberations on
the issues in the case and voted thereon, and in no case
without the concurrence of at least three of such
Members
Powers of the Supreme Court
1. Original jurisdiction
 Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
2. Appellate jurisdiction
Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of
lower courts in:
All cases in which the constitutionality or validity
of any treaty, international or executive
agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in
question.
All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in
relation thereto.
All cases in which the jurisdiction of any lower
court is in issue.
All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
All cases in which only an error or question of law
is involved.
3. Temporary assignment of judges
Assign temporarily judges of lower courts to other
stations as public interest may require. Such
temporary assignment shall not exceed six months
without the consent of the judge concerned.
4. Order change of venue of trials
Order a change of venue or place of trial to avoid
a miscarriage of justice.
5. Rule-making power
Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the
admission to the practice of law, the integrated
bar, and legal assistance to the under-privileged.
Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition
of cases, shall be uniform for all courts of the
same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall
remain effective unless disapproved by the
Supreme Court.
6. Appointing power
Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
7. Power of administrative supervision
The Supreme Court shall have administrative
supervision over all courts and the personnel
thereof.
Salaries
The salary of the Chief Justice and of the
Associate Justices of the Supreme Court, and of
judges of lower courts shall be fixed by law.
During the continuance in office, their salary shall
not be decreased (Sec. 10, Article VIII)
Tenure of judges/justices
The Members of the Supreme Court and judges of
the lower court shall hold office during good
behavior until they reach the age of seventy years
or become incapacitated to discharge the duties of
their office. The Supreme Court en banc shall
have the power to discipline judges of lower
courts, or order their dismissal by a vote of
majority of the Members who actually took part in
the deliberations on the issues in the case and
voted in thereon (Sec. 11, Article VIII)
Periods of decision (Sec. 15, Article VIII)
All cases or matters filed after the effectivity of
this Constitution must be decided or resolved
within twenty-four months from date of
submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for
all lower collegiate courts, and three months for
all other lower courts.
 A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief
Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of
the case or matter, and served upon the parties.
The certification shall state why a decision or
resolution has not been rendered or issued within
said period.
Despite the expiration of the applicable mandatory
period, the court, without prejudice to such
responsibility as may have been incurred in
consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination,
without further delay.
Article IX
CONSTITUTIONAL COMMISSIONS
The independent constitutional commissions are the
Civil Service Commission (CSC), Commission on
Elections (Comelec) and the Commission on Audit
(COA).
Constitutional safeguards on the independence of
the Commissions
1) They are constitutional created thus, may not
be abolished by a statute.
2) Each is expressly described as independent
3) Each is conferred certain powers and functions
which cannot be reduced by a statute
4) The Chairpersons and members cannot be
removed except through the process of
impeachment
5) The Chairpersons and members are given a
fairly long term of office of seven years
6) The salaries of the chairpersons and members
are relatively high and may not be decreased
during their continuance in office
7) The Commissions enjoy fiscal autonomy
8) Each Commission may promulgate its own
procedural rules, provided they do not
diminish, increased or modify substantive
rights
9) The Chairpersons and members are subject to
certain disqualifications calculated to
strengthen its integrity
10) The Commissions may appoint their own
officials and employees in accordance with
Civil Service Law
Limitations (Sec. 2, Article IX)
(1) No member of a Constitutional Commission
shall, during his tenure, hold any other office
or employment.
(2) Neither shall he engage in the practice of any
profession or
(3) in the active management or control of any
business which, in any way, may be affected
by the functions of his office, nor
(4) shall he be financially interested, directly or
indirectly, in any contract with, or in any
franchise or privilege granted by the
Government, any of its subdivisions, agencies,
or instrumentalities, including government-
owned or controlled corporations or their
subsidiaries.
Decisions (Sec. 7, Article IX)
Each Commission shall decide by a majority vote
of all its Members, any case or matter brought
before it within sixty days 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, or memorandum required by the rules of the
Commission or by the Commission itself.
Unless otherwise provided by this Constitution or
by law, any decision, order, or ruling of each
Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within
thirty days from receipt of a copy thereof.
A. CIVIL SERVICE COMMISSION
The civil service shall be administered by the Civil
Service Commission. Qualifications:
1) Natural-born citizens of the Philippines and, at
Composition: the time of their appointment,
Chairman – 7 years 2) at least thirty-five years of age
First Commissioners – 5 years 3) holders of a college degree
Second Commissioner – 3 years 4) must not have been candidates for any elective
Qualifications: positions in the immediately preceding
1) natural-born citizens of the Philippines and, at elections.
the time of their appointment, However, a majority thereof, including the
2) at least thirty-five years of age, Chairman, shall be members of the Philippine
3) with proven capacity for public administration, Bar who have been engaged in the practice of
4) must not have been candidates for any elective law for at least ten years.
position in the elections immediately
preceding their appointment. Powers and Functions:
1) Enforce and administer all laws and
Powers and Functions: regulations relative to the conduct of an
The civil service embraces all branches, subdivisions, election, plebiscite, initiative, referendum, and
instrumentalities, and agencies of the Government, recall.
including government-owned or controlled 2) Exercise exclusive original jurisdiction over all
corporations with original charters. contests relating to the elections, returns, and
qualifications of all elective regional,
Appointments in the civil service shall be made only provincial, and city officials, and appellate
according to merit and fitness to be determined, as far jurisdiction over all contests involving elective
as practicable, and, except to positions which are municipal officials decided by trial courts of
policy-determining, primarily confidential, or general jurisdiction, or involving elective
highly technical, by competitive examination. barangay officials decided by trial courts of
limited jurisdiction.
The Civil Service Commission, as the central 3) Decisions, final orders, or rulings of the
personnel agency of the Government, shall establish a Commission on election contests involving
career service and adopt measures to promote morale, elective municipal and barangay offices shall
efficiency, integrity, responsiveness, progressiveness, be final, executory, and not appealable.
and courtesy in the civil service. It shall strengthen the 4) Decide, except those involving the right to
merit and rewards system, integrate all human vote, all questions affecting elections,
resources development programs for all levels and including determination of the number and
ranks, and institutionalize a management climate location of polling places, appointment of
conducive to public accountability. election officials and inspectors, and
registration of voters.
5) Deputize, with the concurrence of the
B. COMMISSION ON ELECTION President, law enforcement agencies and
instrumentalities of the Government, including
Composition and Term of Office: the Armed Forces of the Philippines, for the
Chairman – 7 years exclusive purpose of ensuring free, orderly,
First – Third appointed Commissioners – 7 years honest, peaceful, and credible elections.
Fourth – Fifth Commissioners – 5 years
Last Commissioner – 3 years
 6) Register, after sufficient publication, political
parties, organizations, or coalitions which, in
addition to other requirements, must present
their platform or program of government; and
accredit citizens' arms of the Commission on
Elections. Religious denominations and sects
shall not be registered. Those which seek to
achieve their goals through violence or
unlawful means, or refuse to uphold and
adhere to this Constitution, or which are
supported by any foreign government shall
likewise be refused registration.
C. COMMISSION ON AUDIT
Composition and Term of Office:
Chairman – 7 years
First commissioner – 5 years
Second commissioner – 3 years
Qualifications:
1) natural-born citizens of the Philippines
2) at the time of their appointment, at least thirty-
five years of age
3) Certified Public Accountants with not less than
ten years of auditing experience, or members
of the Philippine Bar who have been engaged
in the practice of law for at least ten years
4) must not have been candidates for any elective
position in the elections immediately preceding
their appointment
At no time shall all Members of the
Commission belong to the same profession.
Powers and Functions:
The Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of,
and expenditures or uses of funds and property,
owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies,
or instrumentalities, including government-owned
or controlled corporations with original charters,
and on a post- audit basis:
Constitutional bodies, commissions and offices
that have been granted fiscal autonomy under this
Constitution;
Autonomous state colleges and universities;
Other government-owned or controlled
corporations and their subsidiaries; and
Such 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. However, where
the internal control system of the audited agencies
is inadequate, the Commission may adopt such
measures, including temporary or special pre-
audit, as are necessary and appropriate to correct
the deficiencies. It shall keep the general accounts
of the Government and, for such period as may be
provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
The Commission shall have exclusive authority,
subject to the limitations in 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.