8.
Submission to joint bicameral committee - differences if any, between the House’s bill and the
Meaning of other bills:
1. Revenue bill - primary purpose is to raise revenue
2. Tariff bill - reference to one imposing custom
3. Bill authorizing increase of the public debt - one which creates public indebtedness such as a bill
providing for the issuance of bonds and other forms of obligations.
4. Bill of local application - affecting purely local or municipal concerns like one creating a city or
municipality or changing its name.
5. Private bill - affecting purely private interest such as one granting a franchise to a person or
corporation or compensation to a person for damages suffered by him by which the government
considers itself liable.
Section 25: Budget
1. The Congress may not increase the appropriations recommended by the President for the
operation of the Government as specified in the budget.
2. No provision or enactment shall be embraced in the general appropriations bill unless it relates
specifically to some particular appropriation therein
3. The procedure in approving appropriations for the Congress shall follow the procedure for
approving appropriations for other departments and agency
4. A special appropriations bill shall specify the purpose for which it is intended, and shall be
supported by funds actually available as certified by the National Treasurer, or to be raised by a
corresponding revenue proposal therein.
5. No law shall be passed authorizing any transfer of appropriations;
6. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes
7. If Congress failed to pass the general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in
force and effect until the general appropriations bill is passed by the Congress.
Budget - financial program of the national government for a designated calendar year.
Section 26: Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.
Requirements as to Subject and Title of the Bill 1. One
title, one subject - a proposed law is called a bill.
2. Purpose of Constitutional requirement:
- To prevent hodge-podge or log rolling legislation
- To prevent surprise or fraud upon legislature - To
fairly appraise the people.
Steps in the passage of a bill
1. First reading - any member of either House may present a proposed bill, signed by him for 1st
reading and reference to the proper committee.
2. Referral to appropriate committee - after 1st reading, the bill is referred to the proper committee
for study and consideration.
3. Second reading - if the bill id favored by the committee, it is forwarded to the Committee on
Rules.
4. Debates - general debate is now opened . Amendment may be proposed by any member of
Congress.
5. Printing and distribution - the bill is then ordered in its final form
6. Third reading - only the title of the bill is read on the floor. Nominal voting is held
7. Referral to the other house - if approved, the bill is passed to the other house where it will take
the same procedure.
Senates amended version and vice versa are submitted to a conference committee of members
of both Houses.
9. Submission to the President - a bill approved on the 3rd reading shall be printed and submitted to
the president for his approval or disapproval. Either signed or sent back with a veto message from
the president.
Section 27: Every bill passed by the Congress shall, before it becomes a law, be presented to the
President.
Bill - a draft of a law submitted to the consideration of a legislative body for its adoption. Statute -
written will of the legislature as an organized body expressed according to the form necessary to
constitute it into a law of the State, the term “act” is often used in referring to a statute.
Formal parts of a law:
1. Title - Announces the subject matter of the act.
2. Preamble - follows the title and precedes the enacting clause.
3. Enacting clause - it serves as a formal mean of identifying the legislative body that enacts the
law.
4. Body - portion containing the proposed law or statute itself
5. Effectivity clause - portion providing for the time when the law shall take effect. A law takes effect
in 15 days following the completion of its publication in the official gazzette.
Veto - a latin term for “I forbid” or “deny”. It is the power vested in the President to disapprove acts
passed by the Congress
Purpose of a Veto
- To enable the executive department to protect its integrity as an equal branch of the government -
To provide a check on hasty, corruptor ill-considered legislation.
Resolutions - defined as a formal expression of opinion, will, or intent by an official body or
assembled group.
Kinds of resolution:
1. Simple - if passed by either House for its exclusive use or purpose
2. Concurrent - if passed independently in one House and rarified by the other in the same manner
as a bill.
3. Joint - if approved by both House meeting in joint session but voting separately
Section 28. The rule of taxation shall be uniform and equitable.
Uniformity in Taxation
Means that “all taxable articles or properties of the same class shall be taxed at the same rate.
Implies equality in burden, not in amount. Exemption of certain entities and properties from
tax - Test of exemption- covers only property taxes and not other taxes.
- Note that only those w/c are non profit are exempted from tax.
Section 29: No money shall be paid out of the Treasury except in pursuance of an appropriation
made by law.
- No public money or property shall be appropriated, applied, paid, or employed, directly or
indirectly,
- All money collected on any tax levied for a special purpose shall be treated as a special fund. -
Appropriation - an authorization by law that money maybe paid out of the public treasury.
Section 30: No law shall be passed increasing the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and concurrence.
Section 31: No law granting a title of royalty or nobility shall be enacted.
Section 32: The Congress shall, as early as possible, provide for a system of initiative and
referendum.
Initiative - reserved power of the people to directly propose and enact laws at polls called for the
purpose independently of Congress or of a local legislative body.
Referendum - the process by which any act or law or part thereof passed by the Congress or by a
local legislative body is submitted to the people for their approval or disapproval.
ARTICLE VII: EXECUTIVE DEPARTMENT
Section 1: The executive power shall be vested in the President of the Philippines. Following the
1935 Charter, sec.1 vests the executive power to one person alone- the President of the
Philippines.
Executive power - the power to administer the laws, which means carrying them into practical
operation and enforcing their due observance.
Section 2: No person may be elected President unless he is a natural-born citizen of the Philippines
Section 3: 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.
- The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.
Qualifications of President and Vice President
- Natural born citizen of the Philippines
- A registered voter
- Able to read and write
- At least 40 years of age on the day of the election for president and
- Resident of the Philippine for at least ten (10) years immediately preceding such election
Section 4: The President and the Vice-President shall be:
1. Elected by direct vote of the people.
2. 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.
3. The President shall not be eligible for any reelection.
4. 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.
5. No Vice-President shall serve for more than two successive terms.
"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfil 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.)
• 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.
• Unless otherwise provided by law, the regular election for President and Vice-President shall be
held on the second Monday of May.
Section 5: 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:
Section 6: The President shall have an official residence, determined by law.
1. The salaries of the President as provided by law, has an annual salary of Php300,000.00 pesos
and Vice-President at Php240,000s and shall be determined by law and shall not be decreased
during their tenure.
2. No increase in said compensation shall take effect until after the expiration of the term of the
incumbent during which such increase was approved.
3. They shall not receive during their tenure any other emolument from the Government or any other
source.
Section 8: 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.
When Vice president shall act as president
1. If the president-elect fails to qualify
2. If a president shall not have been chosen
3. In case of temporary inability or incapacity of the President to discharge his powers and duty.
Section 7: The President-elect and the Vice-President-elect shall assume office at the beginning of
their terms.
- If the President-elect fails to qualify, the Vice-President-elect shall act as President until the
President-elect shall have qualified.
- 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.
- 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.
When Vice president shall act as President
1. If, at the beginning of the term, President-elect shall have died, or shall have become
permanently disabled.
2. After assumption of office, in case of death, permanent disability, removal from office or
resignation of the President, in w/c case the Vice-President will serve the unexpired term.
Where there are no President and Vice-President
1. Before assumption - the Senate President, or incase in his inability, the Speaker of the house of
Representative, shall act as President until a President and a Vice-President shall have been
chosen.
2. After assumption - the Senate President, or incase in his inability, the Speaker of the house of
Representative, shall act as President incase of death, permanent isability, removal from office,
or resignation of both the President and a Vice-President shall have been elected and qualified.
3. Where Senate President and Speaker are also unable to act as President - congress is mandated
to provide by law for this case as to who shall act as president including the manner of election
until the President or Vice President shall have been elected or qualified
Section 9: Whenever there is a vacancy in the Office of the Vice-President, the President shall 2. Acceptance - act of the appointee. But acceptance is necessary to enable him to have full
nominate a Vice-President from among the Members of the Senate and the House of Representative. possession, enjoyment and responsibility of an office.

Section 10: The Congress shall, convene in accordance with its rules without need of a call and Kinds of Acceptance
within seven days enact a law calling for a special election. 1. Express - when done verbally or in writing
2. Implied - when, without formal acceptance, the appointee enters upon the exercise of the duties
Special election - in case of a permanent vacancy in the Offices of both President and Vicepresident. and functions of an office.

Section 11: Whenever the President was unable to perform his duty, such powers and duties shall Designation - is simply the mere imposition of new or additional duties upon an officer already in
be discharged by the Vice-President as Acting President.
the government service. It is different from appointment. Removal - is the ouster of the incumbent
Rules in case of temporary disability of the President before the expiration of his term of office.
1. Declaration by the president - may transmit his written declaration of being unable to discharge
the powers and duties of his Office. - Not expressly granted
2. Declaration by members of the Cabinet - the Vice-President shall immediately assume the Office - Impliedly Granted
of the President temporarily. - Removal power of other officers
3. Decision by Congress incase of a dispute - voting separately may decide on the existence or
termination of the presidential incapacity Section 17: The President shall have control of all the executive departments, bureaus and offices.

Section 12: In case of serious illness of the President, the public shall be informed of the state of his
health.
Section 13: The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, hold any other office or employment during their tenure. Avoid conflict of interest
in the conduct of their office.
Rule on Nepotism
President is prohibited during his tenure to appoint his spouse and relative by consanguinity or affinity
w/in the 4th civil degree to any positions mentioned.
Section 14: Appointments extended by an Acting President shall remain effective, unless revoked by
the elected President w/in 90 days.
Section 15: a President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice public service
Section 16: The President shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments.
Appointment - act of designation by the executive officer, board or body to whom the power has
been delegated of the individual who is to exercise the functions of a given office.
Kinds of Presidential Appointment
1. Regular appointment - made during the session of the congress 2.
Ad interim appointments - those made during a recess of congress
Kinds of Appointment in the career services:
1. Permanent - issued to a person who meets all the requirement for the position to which he is
appointed.
2. Temporary or acting - issued to a person who meets all the requirement for the position to which
he is being appointed except the appropriate civil service eligibility ; it shall not exceed 12
months.
Steps in appointing process
1. Appointment – act of the appointing power
Section 18: The President shall be the Commander-in-Chief of all armed forces of the Philippines.
Military Power of the President
1. Powers to meet emergency situation
- call out such armed forces to prevent or suppress lawless violence, invasion or rebellion
- To suspend the privilege of writ of habeas corpus
- To declare Martial Law
2. Commander in Chief of the Armed forces - the constitution makes the president, a civilian, the
Commander-in-Chief of all Armed Forces of the Philippines
Power to suspend privilege of writ of habeas corpus
1. There must be invasion or rebellion.
2. The public safety must require the suspension
Martial Law
All laws that are reference to and are administered by the Military Forces of the State:
- The military law proper
- Rules governing the conduct of military forces in times of war.
Basis, object and duration of Martial Law
- Basis - the right to declare, apply and exercise martial law is one of the rights of Sovereignty. -
Object - object of martial Law is the preservation of public safety and good order.
- Duration - founded on necessity, the exercise of the power may not extend beyond what is
required by the exigency which it call forth.
Section 19: 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.
Reprieve - Is the postponement of the execution of a death sentence to a certain date.
Suspension of sentence - postponement of a sentence for an indefinite time.
Commutation - the reduction of the sentence imposed to a lesser punishment as from death to life
imprisonment. It may be granted without the acceptance and even against the will of the convict.
Pardon - an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed.
- “Parole”
- It is an act of forgiveness
- It is granted by the President alone after conviction
- Private act of the president which must be pleaded and proved by the person who claims to have
been pardoned because the courts take no judicial notice.
- Granted for infraction of the peace of the State.
Kinds of Pardon
1. Absolute - it is not subject to any condition whatsoever, it becomes effective when made.
2. Conditional - when it is given subject to any condition or qualification the President may see fit.
Pardoning Power - Extends to all offenses including criminal contempt. It does not give the President
power to exempt, except from punishment anyone from the law.
Limitations of Pardoning Power
1. It may not exercised for offense in impeachment
2. May be exercise only after conviction by final judgment
3. May not be exercised over civil contempt
4. In case of violation of election law or rules and regulations, no pardon, parole or suspension of
sentence may be granted w/o the recommendation of the Commission on Elections.
Effects of Pardon
1. Removes penalties and disabilities and restores him to his full civil a political rights
2. Does not discharge the civil liability of the convict to the individual he has wronged as the
President has no power to pardon a private wrong
3. Does not restore offices, property or rights vested I others in consequence of the conviction.
Remissions - prevents the collection of fines or the confiscation of forfeited property.
Amnesty - act of the sovereign power granting oblivion or a general pardon for a past offense usually
granted in favor of certain classes of persons who have committed crimes of a political character
such as treason, sedition or rebellion.
- Granted with the concurrence of Congress before or after conviction.
- Act of forgetfulness
- Granted for infractions for crimes against the sovereignty of the State.
- By the proclamation of the president with concurrence of Congress is a public act of which the
courts will take judicial notice.
Section 20: 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.
Section 21: 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.
Treaty - compact made between two or more states, including international organizations of states,
intended to create binding rights and obligations upon the parties thereto. May be bilateral or
multilateral. Also known as a pact, convention or charter.
Steps in treaty making
1. Negotiation - in this field, the President alone has the sole authority
2. Approval or ratification - as a gen. rule, no treaty or international agreement shall be valid
and effective unless concurred in by at least 2/3 of all the senate members.
Section 22: 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
Section 23: The President shall address the Congress at the opening of its regular session. He may
also appear before it at any other time.
ARTICLE VIII: JUDICIAL DEPARTMENT
Section 1: The judicial power shall be vested in one Supreme Court and in such lower courts as may
be established by law.
Judicial power - the power and duty of courts of justice to apply the laws to contests or disputes
concerning legally recognized rights or duties between the State and private persons or individuals or
between private persons or individual litigants, in case properly brought before the judicial tribunals.
Scope of Judicial Power:
1. Adjudicatory power - judicial power includes the duty of courts of justice.
2. Power of judicial review - also includes the power to:
a. pass upon a validity of the constitution
b. to interpret them
c. render binding judgments
3. Incidental powers - includes the incidental powers necessary to the effective discharge of the
judicial functions such as the power to punish persons adjudged in contempt.
Organization of Courts:
1. Regular Court
• Court of Appeals - With 69 justices headed by a presiding Justice w/c operate in 28 divisions
each comprising 3 members
• Regional Trial Court - Presided by 720 regional trial Judges in each of the 13 regions of the
country
• Metropolitan Trial Court - A Municipal Trial Court in every city not forming part of a metropolitan
area
2. Special Court
• Sandiganbayan - 14 Justices and a presiding Judge
• Court of Tax Appeals - With 5 Justices and a presiding Justice , was created under R.A. 1125
as amended by R.A. 9282
Section 2: The Congress shall have the power to define, prescribe, and apportion the jurisdiction of
the various courts.
Jurisdiction - the power and authority of the court to hear, try and decide a case. It may be:
1. General - empowered to decide all disputes which may come before it except those assigned to
other courts (ex. Jurisdiction of the regional trial court)
2. Limited - has the authority to hear and determine only a few specified cases(ex. Jurisdiction of
special courts)
3. Original - can try and decide a case presented for the first time. It may be exclusive or concurrent.
4. Appellate - can take a case already heard and decided by a lower court removed from the latter
by appeal.
5. Exclusive - can try and decide a case which cannot be presented before any other court
6. Concurrent - when any two or more courts may take cognizance of a case.
7. Criminal - that which exists for the punishment of crime
8. Civil - that which exists when the subject matter is not a criminal nature (ex. Collection of debt)
Section 3: The Judiciary shall enjoy fiscal autonomy. Section
4: The Supreme Court shall be composed of:
- Chief Justice
- Fourteen Associate Justices
Sitting Procedure
1. En banc or in division - the Supreme court may hear and sit cases En banc(i.e. as one body) or in
division of 3, 5, or 7 members.
2. Number of division - on the basis of 15 members, the number of division will be five, composed of
3 members each, 3 composed of 5 members each or 2, meetings separately.
3. Decisions of divisions - by sitting in division, the Supreme Court increases its capacity to dispose
of cases pending before it.
Executive agreement - agreement entered into by the President on behalf of the Philippines with
the government of another country and is effective and binding upon the Philippines even without the
concurrence of Congress.
Classified into two groups:
1. Those made purely as executive acts.
2. Those entered into in pursuance of acts of Congress
• Power of judicial review - the power of the court, ultimately of the Supreme Court to interpret the
constitution and to declare any legislative or executive act invalid because it is in conflict with the
fundamental laws.
• Justiciable question - affects personal or property rights accorded to every member of the
community in cases properly brought before the judicial tribunals.
• Political question - is to be decided by the people in their sovereign capacity, or in regard to which
full discretionary authority has been delegated to the legislative or executive branch of the
government.
Section 5: The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warrant to, and habeas
corpus.
2. 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 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.
- 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.
3. 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 a change of venue or place of trial to avoid a miscarriage of justice.
5. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
Terms:
• Certiorari - writ issued from a superior court requiring a lower court or a board or officer exercising
judicial functions to transmit the records of the case to the superior court for the purpose of a
review.
• Mandamus - order issued by a superior court commanding a lower court or a corporation, board
or person to perform a certain act which it is its or his duty to do.
• Quo warranto - action by the government to recover an office or franchise from an individual or
corporation usurping or unlawfully holding it.
• Pleading - act of presenting one’s claim, answer, or arguments in defense or prosecution of an
action.
Admission of the practice of law or to the Bar - a person is said to be admitted to the Bar or is a
member of the Bar when he is authorized by the Supreme Court to practice law in the
Philippines.
Integrated bar - it means the official national unification of the entire lawyer population of the
Philippines in a single organization.
Legal assistance to the under privilege - poor and uninformed litigants are entitled to legal assistance
from the government in defending or enforcing their rights to redress the imbalance before the parties
in civil and criminal cases.
Substantial law - part of the law which creates, defines, and regulates rights concerning life, liberty,
or property or the powers of the agencies or instrumentalities for the administrations of public affairs.
• Adjective or remedial law - part of law which prescribe the methods of enforcing rights or obtaining
redress for their violation.
Substantive rights - rights which substantive law declares or rights concerning life, liberty or
property.
Section 6: The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.
Section 7: 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.
Qualifications for members of the Supreme Court and any Lower Collegiate Court
Supreme Court :
- Must be natural born citizen
 - At least 40 yrs. of age
- Must have, for 15 yrs. of more, been a judge of a lower court or engaged in the practice of law
in the Philippines
- Must be a person of proven competence, integrity, probity and independence.
Lower Collegiate - qualifications shall be prescribed by the Congress as provided in section 7(2).
But they must be natural born citizen.
2. Court of appeals and other Collegiate Courts - 12 months 3. Lower Courts - within 3
months unless reduced by the Supreme Court Section 16. The Supreme Court
shall:
- Within thirty days from the opening of each regular session of the Congress, submit to the
President and the Congress an annual report on the operations and activities of the Judiciary.
ARTICLE IX: CONSTITUTIONAL COMMISSIONS

Section 8. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court A. Common Provisions
composed of:
1. The Chief Justice as ex officio Chairman - shall serve 4 yrs. Section 1: The Constitutional Commissions, which shall be independent are:
2. The Secretary of Justice - shall serve 4 yrs. 1. Civil Service Commission
3. A representative of the Congress as ex officio Members 4. A representative of the Integrated Bar 2. Commission on Elections
- shall serve 4 yrs. 3. Commission on Audit
- A professor of law - shall serve for three years
Section 2: No member of a Constitutional Commission shall, during his tenure, hold any other office
- A retired Member of the Supreme Court - shall serve for two years - A
or employment.
representative of the private sector - shall serve for one year

Section 9: The Members of the Supreme Court and judges of lower courts shall be appointed by the Section 3: The salary of the Chairman and the Commissioners shall be fixed by law and shall not be
President. decreased during their tenure.

Section 10: The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and Section 4: The Constitutional Commissions shall appoint their officials and employees in
of judges of lower courts shall be fixed by law. accordance with law.

Section 11: Tenure of office of members of the Judiciary
Security Tenure - they shall hold office of good behavior until they reach the age of 70, or becoming
incapacitated
Retirement age - retirement age was reduced from 70 to 65 yrs. old.
Termination of right to hold office - the constitution provides for the impeachment of the members of
the Supreme Court .
Abolition of office - removal of office is to be distinguished from termination by virtue of the abolition of
the office.
Good behavior - a conduct authorized by law.
Section 12: The Members of the Supreme Court shall not be designated to any agency performing
quasi-judicial or administrative functions.
Section 5: The Commission shall enjoy fiscal autonomy.
Section 6: Each Commission en banc may promulgate its own rules concerning pleadings and
practice before any of its offices.
Section 7: Each Commission shall decide by a majority vote of all its Members.
• 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.
Section 8: Each Commission shall perform such other functions as may be provided by law.

Section 13: The conclusions of the Supreme Court in any case submitted to it for decision shall be B. The Civil Service Commission
reached in consultation.
Section 1: Composition of Civil Service Commission - composed of a Chairman and two
Section 14: Decision of Court
commissioners. Qualifications:
Decision - judgment rendered by a court of justice or other competent tribunal after the presentation
of the respective positions of the parties in an ordinary or criminal case or upon a stipulation of facts - natural-born citizens of the Philippines
upon which the disposition of the case is based. - at least thirty-five years of age
- with proven capacity for public administration
Form of decision of court
1. Statement of both factual and legal basis - must not have been candidates for any elective position in the elections immediately preceding
2. Reason for requirement their appointment
3. Statement of legal basis only
• The Chairman and the Commissioners shall be appointed by the President
Section 15: Maximum period for rendition of decision: • The Chairman shall hold office for seven years
1. Supreme Court - within 24 months • A Commissioner for five years
• Another Commissioner for three years
• Appointment to any vacancy shall be only for the unexpired term of the predecessor. C. The Commission on Elections Appointment

Section 2: Civil Service and terms of Office:

The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including government owned or controlled corporations with original charters. 1. The chairman and the commissioners are appointed by the President with the consent of the
Civil service - professionalized body of men and women who have made of the government service a commission on appointments
lifetime career. Portion of the public service that is “ governed by the merit principle in the selection of 2. Has a term of seven(7) years without reappointment.
officers and employees.” 3. Of the commissioners first appointed, 3 shall hold office for seven years, 2 for five years and the
last member for three years. Without reappointment.
Constitutional Classification of Positions in the Civil Service
1. Competitive - those whose appointments are made according to merits and fitness as determined Section 2: The Commission on Elections Powers and functions:
by competitive examinations. 1. To enforce laws relative to the conduct of elections
2. Non-competitive - those appointments do not have to take into account merit and fitness as 2. To decide election contests
determined by competitive examinations. 3. To decide all questions affecting election
4. To deputize law enforcement agency
For cause provided by law - means legal cause or cause provided by an existing law and not merely 5. To register political parties, etc., and accredit its citizens arms.
causes which the appointing power in the exercise of discretion may deem sufficient. 6. File petition, investigate and prosecute
7. To recommend measures
Electioneering or partisan political campaign - refers to the act designed to have a candidate elected 8. To recommend removal or disciplinary measures
or not or to promote the candidacy of a person or persons to a public office 9. To submit reports
10. To perform other functions
Any political activity is “Partisan” if it is directed towards the advancement of a political party or
candidate. An activity id non partisan if it is addressed to the attainment of the objective “of insuring Section 3: The Commission on Elections may sit en banc or in two divisions, and shall promulgate its
free, orderly, honest, peaceful and credible elections.” rules of procedure in order to expedite disposition of election cases, including pre-proclamation
controversies.
Right of Government Employees to Self Organization
1. Unions or associations for purposes not contrary to law Section 4: The Commission may, supervise or regulate the enjoyment or utilization of all franchises
2. Importance of right - through unions, government employee can promote their interest and the or permits for the operation of transportation and other public utilities, or concessions granted by the
interest of public service. Government

Right of Government Employee to Strike Section 5: The President cannot perfom suspension of sentence, pardon and the like for violation of
1. Grant of right not advisable election laws, rules, and regulations.
2. Right not granted by law - Congress may by law, deny the right to strike to some sectors of labor
like members of Armed forces of the Philippines. Parole - a method by which a prisoner who has served a portion of his sentence is conditionally
released but remains in legal custody, the condition being that in case of misbehavior, he shall be
Temporary employees of the Government imprisoned. A parole does not pardon the prisoner.
1. No security of tenure
2. To be given protection as may be provided by law Suspension of sentence - the postponement of the execution of a sentence for an indefinite time. It is
different from reprieve, in that, the latter postpones the execution of a sentence with a definite date
Section 3: The Civil Service Commission, shall establish a career service and promote morale, and time.
efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.
Section 6: A free and open party system
Section 4: All public officers and employees shall take an oath or affirmation to uphold and defend
this Constitution. Political party - a voluntary organization of citizens advocating certain principles and policies for the
general conduct of the government.
Section 5: Standardization of compensation.
Salaries to be fixed by law - they shall no longer be subject to collective bargaining agreement. Section 8: Political parties, or organizations or coalitions registered under the party-list system, shall
not be represented in the voters' registration boards, boards of election inspectors, boards of
Section 6: No candidate will be appointed to any office in the Government who has lost in any canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in
election shall, within one year accordance with law.

Section 7: No elective official shall be eligible for appointment or during his tenure. Section 9: Unless otherwise fixed by the Commission in special cases, the election period shall
commence ninety days before the day of election and shall end thirty days thereafter.
Section 8: No elective or appointive public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law,
Section 10: Bona fide candidates for any public office shall be free from any form of harassment
and discrimination.

Section 11: Funds certified by the Commission as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the
regular or special appropriations and, once approved, shall be released automatically upon
certification by the Chairman of the Commission.
D. The Commission on Audit

- The Chairman and the Commissioners shall be appointed by the President, for a term of seven
years without reappointment. Of those first appointed,
- the Chairman shall hold office for seven years,
- one Commissioner for five years,
- and the other Commissioner for three years, without reappointment

• Appointment to any vacancy shall be only for the unexpired portion of the term of the
predecessor. In no case shall any Member be appointed or designated in a temporary or acting
capacity. Qualification of members
- Must be natural born citizen
- 35 yrs. old
- Certified public accountants with not less than 10 yrs of auditing experience or members of the Bar
who have been engage in practice of law for 10 yrs.
- Must not have been a candidate for any elective positions in the preceding election

Section 2: Powers and functions of the Commission:

1. To examine, audit and settle an account 2. To act as
central accounting office of the government
3. To define the scope of its audit and examination, etc.
4. To promulgate accounting and auditing rules and regulations
5. To submit an annual financial report and recommend measures
6. Perform other duties and functions

Section 3. No law shall be passed exempting any entity of the Government from the jurisdiction of
the Commission on Audit.

Section 4. The Commission shall submit to the President and the Congress, within the time fixed by
law, an annual report covering the financial condition and operation of the Government.