PPGC111: Exam Week

12
BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
Bachelor of Science in Nursing 3YB
Professor: James Keven Buama
Midterm Topics: The 24 Senators of Congress
• Legislative Department
• Executive Department
• Judicial Department

LEGISLATIVE DEPARTMENT
Section 1.
- The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved
to the people by the provision on initiative and
referendum.

THE PHILIPPINE CONGRESS

- The Philippine congress is the country’s legislative
department (Art. VI, Sec 1)
- Congress is bicameral
• Upper house – senate
• Lower house – house of representative
- N.B.: Senators are congressmen

Legislative Power
- Legislative power is the power or competence of the
legislature to enact, ordain, alter, or modify, repeal, or
abrogate existing laws.
Advantages of Bicameralism:
- Allows for a body with a national perspective to check the
parochial tendency of representatives elected by district.
- Allows for more careful study of legislation.
- Makes the legislature less susceptible to control by the
Executive
- Serves as training ground for national leaders.
The Advantages of Unicameralism:
- Simplicity of organization resulting in economy and
efficiency.
- Facility in pinpointing responsibility for legislation; and
- Avoidance of duplication.
Section 2.
- The Senate shall be composed of twenty-four Senators
who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
- The Senate is the Upper House of the Congress. It is
composed of twenty-four (24) senators elected at large by
the people.
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Section 3.
- No person shall be a Senator unless he is a natural-born
citizen of the Philippines, and, on the day of the election,
is at least thirty-five years of age, able to read and write, a
registered voter, and a resident of the Philippines for not
less than two years immediately preceding the day of the
election.
Qualifications for Senators
1. He must be a natural born citizen of the Philippines.
2. He must be at least thirty-five years of age on the day of
the election.
3. He must be able to read and write.
4. He must be registered voter in the district in which he
shall be elected.
5. He must be a resident of the Philippines for not less than
two years immediately preceding the election.
Section 4.
- The term of office of the Senators shall be six years and
shall commence, unless otherwise provided by law, at
noon on the thirtieth day of June next following their
election.
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
- No Senator shall serve for more than two consecutive
terms. Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the
continuity of his service for the full term of which he was
elected.
Term of Office
- It is six (6) years.
- It shall commence, unless otherwise provided by law, at
noon on the 30th day of June next following their election.
(Sec. 4, par. 1.)
- The Constitution has similar provisions limiting terms of
office with respect to the President and Vice President
(Art. VII, Secs. 3 and 4.), members of the House of
Representatives (Sec. 7.), and elective local officials. (Art.
X, Sec. 8.) The hour and date of commencement of the
term of office of the President and Vice President cannot
be changed by law.
Section 5.
- The House of Representatives shall be composed of not
more than two hundred and fifty members, who shall be
elected from legislative districts
- The party-list representatives shall constitute twenty per
centum of the total number of representatives …labor,
peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be
provided by law.
2 Kinds of Members of the House of Representatives
1. District Representatives – elected directly and
personally from the territorial unit he is seeking to
represent.
2. Party-list Representatives – chosen indirectly,
through the party he represents, which is the one
voted for by the electorate. This is to give an
opportunity to weak sectors to have their voices
heard.
Section 6.
- No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter
in the district in which he shall be elected.
- Resident thereof for a period of not less than one year
immediately proceeding the day of the election.
Qualifications of HOR Members
1. A natural-born citizen of the Philippines
2. At least twenty-five years of age,
3. Able to read and write,
4. A registered voter in the district in which he shall be
elected, and
5. A resident thereof for a period of not less than one year
Section 7.
- The Members of the House of Representatives shall be
elected for a term of three years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of
June next following their election. No Member of the
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House of Representatives shall serve for more than three
consecutive terms.
The House of Representatives
- It is the lower chamber of the Congress of the Philippines.
The House, often informally called “Congress,” is
composed of not more than 250 members popularly
known as “Congressmen.” They are elected from
legislative or congressional districts and through a party-
list system.
The Party-List or Sectoral Representatives
- The party-list or sectoral representatives are filled by
selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and
such other sectors as may be provided by law, except the
religious sector.
Section 8.
- Unless otherwise provided by law, the regular election of
the Senators and the Members of the House of
Representatives shall be held on the second Monday of
May.
- Kinds of election for members of Congress.
• Regular election – it shall be held on the second
Monday of May. Congress may, by law, provide
otherwise. (Sec. 8.)
• Special election – it may be called in case a
vacancy arises in the Senate or House of
Representatives to fill such vacancy in the
manner prescribed by law.
Section 9.
- In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill
such vacancy in the manner prescribed by law, but the
Senator or Member of the House of Representatives thus
elected shall serve only for the unexpired term.
Section 10.
- The salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase
in said compensation shall take effect until after the
expiration of the full term of all the Members of the
Senate and the House of Representatives approving such
increase.
- Under the above provision, Congress is prohibited from
increasing or decreasing the salary of its members.
However, any increase can take effect only after the
expiration of the full term of the members approving such
increase. This rule applies even as to members who voted
against the increase.
Section 11.
- A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than six
years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned
nor be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
Freedom from Arrest
- Offenses punishable by not more than six years
imprisonment.
- While Congress is in session.
Freedom of Speech and Debate
- Remarks must be made in connection with the discharge
of official duties.
- While Congress is in session.
Reason for the Congressional Privileges
- To enable members of Congress to discharge their
functions adequately and without fear. It is true that the
privileges may be abused. However, the harm which
would come from its abuse is considered slight
compared to that which might arise if the privileges were
not given.
Section 12.
- All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a
full disclosure of their financial and business interests…
They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.
- To prevent the members of Congress from committing
corruption and unlawfully enriching themselves, the
Constitution provides that the members of the Congress
upon assumption of office make a full disclosure of their
financial and business interests (Statement of Assets,
Liabilities and Net Worth or SALN).
- This will include a declaration of their income tax return
during the term of their business interest, they shall notify
the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of
which they are authors.
Section 13.
- No Senator or Member of the House of Representatives
may hold any other office or employment in the
Government…during his term without forfeiting his seat.
Neither shall he be appointed to any office which may
have been created or the emoluments thereof increased
during the term for which he was elected.
Incompatible Office
- Office which mat not be held by a member of a Congress
outside the legislative department. There is a need for
members to devote their time and attention to the
discharge of their legislative responsibilities.
Forbidden Office
- Office which a member of a Congress may not be a
beneficiary by reason of being a participant when said
office was created. Hence, a member of Congress shall
not be eligible for appointment to such office even if he
resigns.
- To avoid conflicts of interest and undue influence,
Senators are prohibited from appearing as counsel before
any court of Justice, Electoral Tribunal, or quasi-judicial
or any other administrative bodies, and they may not
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intervene in any matter before any office of the
Government.
- They are also prohibited from having any financial interest
in any contract, franchise or special privilege granted by
the Government, including government-owned and
controlled corporations and their subsidiaries, and they
may not hold any other incompatible offices in the
government, including government-owned and controlled
corporations and their subsidiaries, during their terms of
office.
Section 15.
- The Congress shall convene once every year on the fourth
Monday of July for its regular session and shall continue
to be in session for such number of days as it may
determine until thirty days before the opening of its next
regular session, exclusive of Saturdays, Sundays, and
legal holidays. The President may call a special session at
any time.
Section 16.
- The Senate shall elect its President and the House of
Representatives its Speaker, by a majority vote of all its
respective Members.
- A majority of each House shall constitute a quorum to do
business.
- Each House may determine the rules of its proceedings,
punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or
expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.
- Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts
as may, in its judgment, affect national security.
Quorum - a number of membership which is competent to
transact its business; is at least one-half plus one of the
members of a body.
Legislative Journal - the official record of what is done and
passed in a legislative assembly and the proceedings
occurred from day to day.
Section 17.
- The Senate and the House of Representatives shall each
have an Electoral Tribunal which shall be the sole judge of
all contests relating to the election, returns, and
qualifications of their respective Members.
- Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the
remaining six shall be Members of the Senate or the
House of Representatives, as the case may be, who shall
be chosen on the basis of proportional representation
from the political parties and the parties or organizations
registered under the party-list system represented therein.
The senior Justice in the Electoral Tribunal shall be its
Chairman.
Senate Electoral Tribunal (SET)
- Three Justices of the Supreme Court designated by the
Chief Justice
- Six shall be Members of the Senate or the House of
Representatives
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- The chairperson of the SET is always a Justice of the
Supreme Court.
Section 18.
- There shall be a Commission on Appointments consisting
of the President of the Senate, as ex officio Chairman,
twelve Senators, and twelve Members of the House of
Representatives, elected by each House on the basis of
proportional representation from the political parties and
parties or organizations registered under the party-list
system represented therein.
- The chairman of the Commission shall not vote, except in
case of a tie. The Commission shall act on all
appointments submitted to it within thirty session days of
the Congress from their submission. The Commission
shall rule by a majority vote of all the Members.
Function of the Commission on Appointments
- The Commission on Appointments acts as a legislative
check on the appointing authority of the President. For
the effectivity of the appointment of certain key officials
enumerated in the Constitution, the consent of the
Commission on Appointments is needed.
- The power of the Commission on Appointments is to
approve or disapprove appointments submitted to it by
the President. It must act on all such appointments, by a
majority vote of all the members, within 30 session days
of Congress from their submission.
Section 19.
- The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days after
the Senate and the House of Representatives shall have
been organized with the election of the President and the
Speaker. The Commission on Appointments shall meet
only while the Congress is in session, at the call of its
Chairman or a majority of all its Members, to discharge
such powers and functions as are herein conferred upon
it.
Section 20.
- The records and books of accounts of the Congress shall
be preserved and be open to the public in accordance
with law, and such books shall be audited by the
Commission on Audit which shall publish annually an
itemized list of amounts paid to and expenses for each
Member.
Section 21.
- 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.
Section 22.
- 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
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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.
- The Court ruled that anyone, except the President and
Justices of the Supreme Court, may be summoned. Nor
may a court prevent a witness from appearing in such
hearing. Section 22, for its part, establishes the rule for
the exercise of what is called the “oversight function” of
Congress. Such function is intended to enable Congress
to determine how laws it has passed are being
implemented.
Section 23.
- 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.
- The power of Congress to declare the existence of a
state of war. – The Congress, by a vote of 2/3 of both
Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a
state of war.
Section 24.
- All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and
private bills, shall originate exclusively in the House of
Representatives, but the Senate may propose or concur
with amendments.
- Appropriations bill - An appropriation bill is one the
primary and specific aim of which is to make
appropriations of money from the public treasury. A bill of
general legislation which carries an appropriation as an
incident thereto to carry out its primary and specific
purpose is not an appropriations bill
- Revenue bill – one the primary and specific purpose of
which is to raise revenue;
- Tariff bill – as used in the Constitution, it has reference to
one imposing customs duties for revenue purposes
- 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;
- Bill of local application – one affecting purely local or
municipal concerns like one creating a city or
municipality or changing its name;
- Private bill – one 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
for which the government considers itself liable.
Section 25.
- The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form, content,
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and manner of preparation of the budget shall be

prescribed by law.
Meaning of budget - A budget is the financial program of the
national government for a designated calendar year,
consisting of statements of estimated receipts from revenues
and expenditures for the calendar on which it is intended to
be effective based on the results of operations during the
preceding calendar year.
Section 26.
- No bill passed by either House shall become a law unless
it has passed three readings on separate days, and
printed copies thereof in its final form have been
distributed to its Members three days before its
passage… Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall be
taken immediately thereafter, and the yeas and nays
entered in the Journal.
Meaning of bill - A bill is a draft of the legislative before it
becomes a law. It is a proposed law. No bill may be embraced
in more than one subject to be expressed in the title. The
subject referred to here is the main subject. As long as the bill
contains only one main subject, the constitutional
requirement is met even if the bill covers supplementary
details. It is a draft of a law submitted to the consideration of
a legislative body for its adoption.

Steps in the Passage of a Bill

1. To initiate the law-making process, the proposed bill is
signed by its author and filed with the Secretary of the
either the Lower House (for congressmen) or the Senate
(for senators).
2. The bill will go through three readings. On the First
Reading, the number and title of the bill is read, followed
by its referral to the appropriate committee for study.
3. On the Second Reading, the bill is read in full along with
amendments proposed by the committee who studied
it. The bill is then subjected to debates and discussion by
the members of the House where it was filed. After
extensive discussion, the bill will be voted on. If approved,
it would go through a third reading.
4. On Third Reading, the bill will be submitted for a final vote.
If approved again, it shall be transmitted to the other
House for concurrence. The other House will go through
the same process of having three readings.
5. If the other House introduces amendments and the
House from which the bill originated does not approve of
the amendments, the differences will be settled by a
meeting of the Conference Committees of both Houses,
whose recommendations will have to be approved by
both Houses.
6. Once the bill is approved, it is transmitted to the
President of the Philippines for signature. The President
may then either sign the bill to indicate approval, or veto
the bill to indicate disapproval. If approved, the bill
officially becomes a law.
7. If the President decides to exercise his veto powers, the
Congress may re-pass the vetoed bill if two-thirds of both
Houses, voting separately, approve its enactment. In this
case, the bill also officially becomes a law.
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Section 27.
- Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall
veto it and return the same with his objections to the
House where it originated, which shall enter the
objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of
all the Members of such House shall agree to pass the bill,
it shall be sent…to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of
all the Members of that House, it shall become a law.
- The President shall communicate his veto of any bill to
the House where it originated within thirty days after the
date of receipt thereof; otherwise, it shall become a law
as if he had signed it.
3 Ways when a Bill may become a Law
1. When the President approves the bill by signing it.
2. When the President vetoes the bill and the same is
overriden by 2/3 votes of all the members of both Houses.
3. When the President does not communicate his veto
within 30 days after the date of receipt.
Section 28.
- 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
impose, tariff rates, import and export quotas within the
framework of the national development program of the
Government.
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- Charitable institutions, churches and personages
actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from
taxation.
- No law granting any tax exemption shall be passed
without the concurrence of a majority of all the Members
of the Congress.
Uniformity in Taxation
- Uniformity in taxation means that “all taxable articles or
properties of the same class shall be taxed at the same
rate.”
- Different articles (or other subjects, like transactions,
business, rights, etc.) may, therefore, be taxed at different
rates or amounts provided that the rate (not necessarily
the amount) is the same on the same class everywhere.
Equity in Taxation
- Aside from the requirement that the rule of taxation shall
be uniform, the Constitution also mandates that it shall
be equitable.
- The concept of equity in taxation requires that such
apportionment be more or less just in the light of the
taxpayer’s ability to shoulder the tax burden.
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, 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.
- All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out
for such purpose only. If the purpose for which a special
fund was created has been fulfilled or abandoned, the
balance, if any, shall be transferred to the general funds
of the Government.
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, and the exceptions
therefrom, whereby the people can directly propose and
enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body
after the registration of a petition therefor signed by at
least ten per centum of the total number of registered
voters, of which every legislative district must be
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represented by at least three per centum of the registered
voters thereof.
EXECUTIVE DEPARTMENT
SECTION 1
- The executive power shall be vested in the President of the
Philippines.
President, the Executive.
- Following the 1935 Charter, Section 1 vests the executive
power in one person alone – the President of the
Philippines. It is therefore, accurate to refer to him as the
Executive, not merely Chief Executive.
- The President in a presidential system of government is,
however, referred to also as the Chief Executive.
- Under both the 1935 and the present Constitution, the
President is both the Head of State and the Head of the
Government. Unlike the Prime Minister under the 1973
Constitution (as amended), the President is not a
legislative leader with membership in Congress.
- He is purely an executive. We have 16 Presidents from
1898 up to the present.
Meaning of Executive Power.
- Executive power has been defined as the power to
administer the laws, which means carrying them into
practical operation and enforcing their due observance.
- The “laws” include the Constitution, statutes enacted by
Congress, decrees (issued under the 1973 Constitution),
and executive orders of the President, and decisions of
courts.
SECTION 2
- No person may be elected President unless he is a
natural-born citizen of the Philippines, a registered voter,
able to read and write, at least forty years of age on the day
of the election, and a resident of the Philippines for at
least ten years immediately preceding such election.
QUALIFICATIONS OF THE PRESIDENT.
1) natural-born citizen of the Philippines
2) He is a registered voter
3) He is able to read and write
4) He is at least forty (40) years of age on the day of the
election (not proclamation or assumption of office)
5) He is a resident of the Philippines for at least ten (10) years
immediately preceding such election.
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 the Vice-President.
- The Vice-President shall have the same qualifications and
term of office as the President and may be removed from
office on impeachment as in the case of the President. (Art.
XI, Sec. 2.) His only constitutional function is to be on
hand to act as President when needed or to succeed to the
presidency in case of a permanent vacancy in the office.
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- The President may also appoint him as a Member of the
Cabinet. Such appointment does not need the consent of
the Commission on Appointments.
- His only constitutional function is to be on hand to act as
President when needed or to succeed to presidency in
case of a permanent vacancy in the office of the president.
- The President may also appoint him as a Member of the
Cabinet. Such appointment does not need the consent of
the Commission on Appointments.
SECTION 4
- 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.
- Unless otherwise provided by law, the regular election for
President and Vice-President shall be held on the second
Monday of May.
- The returns of every election for President and Vice-
President, duly certified by the board of canvassers of
each province or city, shall be transmitted to the Congress,
directed to the President of the Senate. Upon receipt of
the certificates of canvass, the President of the Senate
shall, not later than thirty days after the day of the election,
open all the certificates in the presence of the Senate and
the House of Representatives in joint public session, and
the Congress, upon determination of the authenticity and
due execution thereof in the manner provided by law,
canvass the votes.
- The person having the highest number of votes shall be
proclaimed elected, but in case two or more shall have an
equal and highest number of votes, one of them shall
forthwith be chosen by the vote of a majority of all the
Members of both Houses of the Congress, voting
separately.
- The Congress shall promulgate its rules for the canvassing
of the certificates.
- The Supreme Court, sitting en banc, shall be the sole
judge of all contests relating to the election, returns, and
qualifications of the President or Vice-President, and may
promulgate its rules for the purpose.
ELECTION OF THE PRESIDENT AND THE VICE-PRESIDENT.
1) System of direct voting – the Constitution retains the
system of direct popular election of the President despite
criticism for abetting massive vote-buying and other
undesirable practices.
2) Election by Congress in case of a tie – in case of a tie,
however, the President shall be chosen for the term fixed
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in the Constitution by a vote of a majority of all the
members of Congress in session assembled.
TERM OF OFFICE OF THE PRESIDENT AND VICE-
PRESIDENT.
- The President and Vice-President enjoy security of tenure.
- Their term of office is six (6) years “which shall begin at
noon on the 30th day of June following the day of the
election and end at noon of the same date six (6) years
thereafter.” (par. 1.)
- The President-elect and Vice-President shall assume their
office at the beginning of their terms. (Sec. 7, par. 1.)
RE-ELECTION OF PRESIDENT AND VICE PRESIDENT.
- A person who has held office of President is absolutely
disqualified for any reelection. (Art. II, Sec. 26).
- In the case of the Vice-President, he cannot serve for more
than two (2) successive terms (Sec. 4, par. 2.) but he is still
eligible for election as President.
Reasons for the prohibition against re-election of
President.
1) A President seeking a second term is vulnerable to
constant political pressures from those whose support he
must preserve and has to devote his time and energy to
consolidate this political support. In the context of
Philippine experience, every President elected to the
Office has used the first term to work for re-election
2) A President who seeks a second term is under a terrific
handicap in the performance of his functions. The result
has been that political motivation is attributed to
practically every act he performs; moreover, the danger of
alienating much needed votes may be an obstacle to the
proper and impartial performance of his duties
3) A President seeking re-election will even use public funds
for the purpose even to the extent of making the
government bankrupt because no incumbent President
would like to go down from power as a leader repudiated
by his people
4) The prohibition also widens the base of leadership. In
theory, no man is indispensable in a democracy and any
person, no matter how good he is, may be replaced by
others equally good
5) The ban will also put an end or at least hamper the
establishment of political dynasties
6) The six-year term will give the President a reasonable time
within which to implement his plans and programs of
government. He can concentrate on being President free
from the demands of partisan politics
7) The criticism against a six-year term without re-election
that six (6) years are too long for a bad President but too
short for a good one and that the people will suffer most
from a lame duck. (Art. XI, Sec. 2.) A term, no matter how
long, is short for a good President.
REMOVAL OF PRESIDENT AND VICE PRESIDENT
- ARTICLE XI, SECTION 2. The President, the Vice-President,
the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may
be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
betrayal of public trust. All other public officers and
employees may be removed from office as provided by law,
but not by impeachment.
Concept of Impeachment.
- Impeachment is a mode of terminating official relation, the
main object of which is to serve as an effective restraint
which the legislature may interpose in the abuse of the
executive and judicial authorities.
- It is a method of national inquest into the conduct of
public men.
Purpose of Impeachment.
- Its purpose is to protect the people from official
delinquencies or malfeasances. It is, therefore, primarily
intended for the protection of the State, not for the
punishment of the offender.
- The penalties attached to impeachment are merely
incidental to the primary intention of protecting the people
as a body politic.
Officials removable by impeachment.
1) The President
2) The Vice-President
3) The members of the Supreme Court
4) The members of the Constitutional Commissions
5) The Ombudsman.
Grounds for impeachment.
1) Culpable violation of the Constitution – refers to a willful
and intentional breach of the Constitution. Hence, not
every violation of the Constitution constitutes an
impeachable offense. Violation of the Constitution
committed unintentionally or involuntarily either in good
faith or through an honest mistake of judgment is not a
ground for impeachment (Report of Special Committee,
House of Representatives on the Impeachment of
president Quirino)
2) Treason – is a crime committed by any person who, owing
allegiance to the Philippines, not being a foreigner, levies
war against the Philippines or adheres to her enemies,
giving them aid and comfort within the Philippines or
elsewhere (Article 114, Revised Penal Code)
3) Bribery
a) Direct bribery, the offense committed by any public
officer who shall agree to perform an act constituting a
crime, in connection with the performance of his
official duties, in consideration of any promise or gift
received by such officer. It may likewise be committed
by any public officer who shall accept such gift in
consideration of the non-performance of an official
duty or the execution of an act which does not
constitute a crime (Article 210, Revised Penal Code)
b) Indirect bribery, the offense committed by any public
officer who shall accept gifts offered to him by reason
of his office (Article 211, Revised Penal Code)
4) Graft and corruption – the phrase cover all graft and
corrupt practices. It was not included as ground for
impeachment under the 1935 Constitution. Its inclusion
may be attributed to the awareness of the 1971
Constitutional Convention of the widespread graft and
corruption in the government at the time
J.A.K.E 8 of 19
5) Other high crimes – the phrase refers to those crimes
which, like treason and bribery, are of so serious and
enormous a nature as to affect the very life or orderly
workings of the government. For impeachment purpose,
“no act may be regarded as a high crime” unless there is a
law forbidding and publishing it.
6) Betrayal of public trust – this is a new ground for
impeachment. It will cover any violation of the oath of
office involving loss of popular support even if the violation
may not amount to criminal offense. Its inclusion is more
of a reaction to past experience than an exercise in logic.
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:
- "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."
- OATH is an outward pledge made under an immediate
sense of responsibility to God.
- The purpose of an oath is to guarantee the truthfulness of
what a person is about to say or the fact that he sincerely
intends to do what he says by a formal calling upon God to
be the witness.
SECTION 6
- 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.
President’s Official Residence
1) The official residence of the President shall be determined
by law;
2) The annual compensation of the President and Vice
President shall be provided by law. The Constitution, in the
Transitory Provisions, fixes the initial annual salary of the
President at P300,000.00 and the Vice-President at
P240,000.00. Congress may provide otherwise subject to
Section 6. (Article XVIII, Sec. 17.)
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
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
permanently disabled, the Vice President-elect shall
become President.
- 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.
- The Congress shall, by law, provide for the manner in
which one who is to act as President shall be selected
until a President or a Vice-President shall have qualified, in
case of death, permanent disability, or inability of the
officials mentioned in the next preceding paragraph.
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.
- 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.
SECTION 9
- Whenever there is a vacancy in the Office of the Vice-
President during the term for which he was elected, the
President shall nominate a Vice-President from among the
Members of the Senate and the House of
Representatives…
SECTION 10
- The Congress shall… after the vacancy in the offices of the
President and VP occurs, convene…and enact a law
calling for a special election to elect a President and VP.
SECTION 11
- 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.
- Section 11 solves the vexing problem of determining the
existence and termination of presidential incapacity in
cases of dispute.
1) Declaration by the President. – The President may
transmit to the Senate President and the Speaker of the
House of Representatives his written declaration that
he is unable to discharge the powers and duties of his
office. In such case, the Vice-President shall be the
Acting President until the President transmits to the
two officials a written declaration of the termination of
his incapacity. (Sec. 11, par. 1.);
2) Declaration by the members of the Cabinet. – In
case a majority of all the members of the Cabinet – who
are all the President’s men – transmit such written
J.A.K.E 9 of 19
declaration, the Vice-President shall immediately
assume the powers and duties of the Office as Acting
President. Thereafter, upon transmitting his written
declaration that no inability exists, the President shall
reassume the powers and duties of his office.
SECTION 12
- In case of serious illness of the President, the public shall
be informed of the state of his health.
- The members of the Cabinet in charge of national security
and foreign relations and the Chief of Staff of the Armed
Forces of the Philippines, shall not be denied access to
the President during such illness.
SECTION 13
- The President, the VP, the Members of the Cabinet… shall
not, unless otherwise provided in the Constitution, hold
any other office or employment during their tenure.
- They shall not … practice any other profession, participate
in any business or be financially interested in any contract
with the Government.
CABINET SECRETARIES
• Perfecto Yasay, Jr. – Department of Foreign Affairs
• Salvador Medialdea – Executive Secretary
• Carlos Dominguez III – Department of Finance
• Vitaliano Aguirre II – Department of Justice
• Emmanuel Piñol – Department of Agriculture
• Mark Villar – Department of Public Works and Highways
• Leonor Briones – Department of Education
• Silvestre Bello III – Department of Labor and Employment
• Delfin Lorenzana – Department of National Defense
• Paulyn Jean Russel-Ubial – Department of Health
• Ramon Lopez – Department of Trade and Industry
• Judy Taguiwalo – Department of Social Welfare and
Development
• Rafael Mariano – Department of Agrarian Reform
• Regina Paz Lopez – Department of Environment and
Natural Resources
• Ismael Sueño – Department of Interior and Local
Government
• Wanda Corazon Teo – Department of Tourism
• Arthur Tugade – Department of Transportation
• Fortunato Dela Peña – Department of Science and
Technology
• Benjamin Diokno – Department of Budget and
Management
• Alfonso Cusi – Department of Energy
• Ernesto Pernia – National Economic and Development
Authority
• Ramon Salalima – Department of Information and
Communications Technology
• Ernesto Abella – Presidential Spokesperson
• Hermogenes Esperon, Jr. – National Security Council
• Salvador Panelo, Jr. – Chief Presidential Legal Counsel
• Jesus Dureza – Presidential Adviser on the Peace Process
• Leoncio Evasco, Jr. – Cabinet Secretary
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
• Christopher Lawrence Go – Special Assistant to the
President
• Martin Andanar – Presidential Communications 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 Constitutional
Commissions or the Office of the Ombudsman, as
Secretaries or heads of bureaus or offices…
Disabilities of President, Vice-President, Members of
Cabinet and their deputies and assistants.
Prohibition during their tenure.
1) They shall not hold, unless otherwise provided in the
Constitution any other office or employment;
2) They shall not practice any other profession;
3) They shall nor participate, directly or indirectly, in any
business;
4) They shall not be financially interested, directly or
indirectly, in any contract with, or in any franchise or
special privilege granted by the government or any
subdivision, agency or instrumentality thereof including
any government-owned or controlled corporation or their
subsidiaries; and
5) They shall strictly avoid conflict of interest (between
personal or family interest and public interest) in the
conduct of their office.
SECTION 14
- Appointments extended by an Acting President shall
remain effective, unless revoked by the elected President,
within ninety days from his assumption or re-assumption
of office.
- Does an Acting President possess powers to appoint? Yes,
but his appointments may be revoked by the elected
President within ninety days from his assumption or re-
assumption of office.
SECTION 15
- Two months immediately before the next presidential
elections and up to the end of his term, a President or
Acting President shall not make appointments, except
temporary appointments to executive positions when
continued vacancies therein will prejudice public service
or endanger public safety.
Appointments preceding a presidential election
1) Prohibited if made within two months before – Section 15
prohibits an incumbent or Acting President to make
appointments within two (2) months preceding the date of
the next presidential election and thereafter until the
expiration of the term of the incumbent President or the
tenure of the Acting President.
2) Exceptions – Temporary appointments to executive
positions when continued vacancies would prejudice
public service or endanger public safety are not covered by
the prohibition. The reason is very obvious. Note the
requisites: the appointment must be:
a) Temporary in nature;
b) To executive positions;
c) Urgent in the interest of public service or public safety.
It is debatable whether permanent appointments by
J.A.K.E 10 of 19
the President to judicial positions are also covered by
the prohibition.
3) Allowed if made more than two (2) months before –
Appointments, whether permanent or temporary, to
executive or judicial position, extended by the incumbent
or Acting President more than two (2) months preceding
the date of the next Presidential election, are valid.
SECTION 16
Appointing Power
- The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from
the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution.
- APPOINTMENT – is the act of designation by the executive
officer of the individual who is to exercise the functions of
a given office.
- Although the Constitution contains no provision expressly
vesting in the President the power to remove executive
officials from their posts, he still has the removal power as
it is implied from his appointing power.
SECTION 17
Power of control over the executive branch
- Command responsibility – The President shall have control
of all the executive departments, bureaus, and offices. He
shall ensure that the laws be faithfully executed.
- Control Power – The President may alter or modify or set
aside actions of subordinate officers. He has also the
power to supervise, investigate, suspend or remove erring
officers.
- The President of the Philippines has the mandate of
control over all the executive departments, bureaus, and
offices. This includes restructuring, reconfiguring, and
appointments of their respective officials. The
Administrative Code also provides for the President to be
responsible for the abovementioned offices’ strict
implementation of laws.
Ordinance power
- The President of the Philippines has the power to give
executive issuances, which are means to streamline the
policy and programs of an administration.
- There are six issuances that the President may issue.
They are the following as defined in the Administrative
Code of 1987:
a) Executive orders — Acts of the President providing for
rules of a general or permanent character in
implementation or execution of constitutional or
statutory powers shall be promulgated in executive
orders.
b) Administrative orders — Acts of the President which
relate to particular aspects of governmental operations
in pursuance of his duties as the administrative head
shall be promulgated in administrative orders.
c) Proclamations — Acts of the President fixing a date or
declaring a status or condition of public moment or
interest, upon the existence of which the operation of a
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
specific law or regulation is made to depend, shall be
promulgated in proclamations which shall have the
force of an executive order.
d) Memorandum orders — Acts of the President on
matters of administrative detail, or of subordinate or
temporary interest which only concern a particular
officer or government office shall be embodied in
memorandum orders.
e) Memorandum circulars — Acts of the President on
matters relating to internal administration, which the
President desires to bring to the attention of all or some
of the departments, agencies, bureaus, or offices of the
government, for information or compliance, shall be
embodied in memorandum circulars.
f) General or special orders — Acts and commands of the
President in his capacity as commander-in-chief of the
Armed Forces of the Philippines shall be issued as
general or special orders.
- It is important to note that during the term of President
Ferdinand E. Marcos, he used executive issuances known
as presidential decrees as a form of legislation.
- These decrees have the full force and effect of laws
because at the time the legislature did not exist and, when
the 1973 Constitution was put into full force and effect, it
gave the power to the President to do as such. This
continued until the first year of President Corazon C.
Aquino’s term.
- However, President Aquino opted to used executive orders
instead of presidential decrees. President Aquino’s
executive orders, however, still had the full force and
effect of laws until the ratification of the 1987 Constitution.
Power over aliens
- The President of the Philippines has certain powers over
non-Filipinos in the Philippines. The powers he may
exercise over foreigners in the country are as follows:
a) The chief executive may have an alien in the Philippines
deported from the country after due process.
b) The President may change the status of a foreigner, as
prescribed by law, from a non-immigrant status to a
permanent resident status without necessity of visa.
c) The President may choose to overrule the Board of
Commissioners of the Bureau of Immigration before
their decision becomes final and executory (after 30
days of the issuance of the decision). The Board of
Commissioners of the Bureau of Immigration has
jurisdiction over all deportation cases.
d) The president is also mandated by the Administrative
Code of 1987 to exercise powers as recognized by the
generally accepted principles of international law.
Powers of eminent domain, escheat, land reservation and
recovery of ill-gotten wealth
- The President of the Philippines has the authority to
exercise the power of eminent domain. The power of
eminent domains means the state has the power to seize
or authorize the seizure of private property for public use
with just compensation.
- There are two constitutional provisions, however, that limit
the exercise of such power: Article III, Section 9 (1) of the
Constitution provides that no person shall be deprived of
J.A.K.E 11 of 19
his/her life, liberty, or property without due process of law.
Furthermore, Article III, Section 9 (2), provides that private
property shall not be taken for public use without just
compensation.
- Once the aforementioned conditions are met, the
President may exercise the power of eminent domain
which are as follows:
1) Power of eminent domain — The President shall
determine when it is necessary or advantageous to
exercise the power of eminent domain in behalf of the
national government, and direct the solicitor general,
whenever he deems the action advisable, to institute
expropriation proceedings in the proper court.
2) Power to direct escheat or reversion proceedings —
The President shall direct the solicitor general to
institute escheat or reversion proceedings over all
lands transferred or assigned to persons disqualified
under the constitution to acquire land.
3) Power to reserve lands of the public and private
domain of the government:
a) The president shall have the power to reserve for
settlement or public use, and for specific public
purposes, any of the lands of the public domain, the
use of which is not otherwise directed by law. The
reserved land shall thereafter remain subject to the
specific public purpose indicated until otherwise
provided by law or proclamation.
b) He shall also have the power to reserve from sale or
other disposition and for specific public uses or
purposes, any land belonging to the private domain
of the government, or any of the friar lands, the use
of which is not otherwise directed by law, and
thereafter such land shall be used for the purposes
specified by such proclamation until otherwise
provided by law.
4) Power over ill-gotten wealth — The President shall
direct the solicitor general to institute proceedings to
recover properties unlawfully acquired by public
officials or employees, from them or from their
nominees or transferees.
Within the period fixed in, or any extension thereof authorized
by, the constitution, the President shall have the authority to
recover ill-gotten properties amassed by the leaders and
supporters of the previous regime, and protect the interest of
the people through orders of sequestration or freezing of
assets or accounts.
Power of appointment
- The President may appoint officials of the Philippine
government as provided by the constitution and laws of
the Philippines.
- Some of these appointments, however, may need the
approval of the Committee on Appointments (a committee
composed of members from the House of Representatives
and the Senate of the Philippines).
Power of general supervision over local governments
- The President of the Philippines, as chief executive, has
the mandate to supervise local governments in the
Philippines, despite their autonomous status as provided
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
by Republic Act No. 7160 otherwise known as the Local
Government Code of 1991.
- NOTE: Traditionally, this is done by the Department of the
Interior and Local Government, headed by a cabinet
secretary—an alter ego of the President.
Other powers
- Aside from the aforementioned powers of the President of
the Philippines, he can also exercise powers enumerated
in the constitution, and powers given to him by law.
SECTION 18
Military Power
- The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes
necessary, he may call out such armed forces to prevent
or suppress lawless violence, invasion or rebellion…. he
may, suspend the privilege of the writ of habeas corpus or
place the Philippines or any part thereof under martial law.
Military powers given to the President by the Constitution.
- The President, as Commander-in-Chief, is authorized by
Section 18 under specified conditions: to call out such
armed forces to prevent or suppress lawless violence,
invasion, or rebellion, to suspend the privilege of the writ
of habeas corpus, and to place the Philippines or any part
thereof under martial law.
Restrictions on the President’s Power to Declare Martial
Law.
• There must be an invasion or rebellion
• The duration shall not exceed 60 days
• The President must submit a report to Congress within 48
hours after the declaration
• The declaration may be revoked by Congress
• The Supreme Court may inquire into the sufficiency of the
factual basis of the proclamation
Meaning of Martial Law
- Martial law is essentially police power. This is borne by the
constitutional text which sets down “public safety” as the
object of the exercise of martial law. Public safety is the
concern of police power.
- What is peculiar, however, about martial law as police
power is that, whereas police power is normally a function
of the legislature executed by the civilian executive are,
under martial law, police power is exercised by the
executive with the aid of the military and in place of
“certain governmental agencies which for the time being
are unable to cope with existing conditions in a locality
which remains subject to the sovereignty.”
- In the language of Justice Black, it authorizes “the military
to act vigorously for the maintenance of an orderly civil
government.”
SECTION 19
• Pardoning power
- the President may grant reprieves, commutations and
pardons
- He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the
Congress.
J.A.K.E 12 of 19
• REPRIEVE – The postponement of the execution of a death
sentence.
• COMMUTATION – The reduction of the sentence imposed
on a person to a lesser punishment.
• PARDON – It exempts a person from the punishment
which the law inflicts for a crime he has committed.
• AMNESTY – It abolishes the offense of which a person is
charged.
DIFFERENCES BETWEEN PARDON AND AMNESTY
- Pardon is granted by the Chief Executive and as such it is a
private act which must be pleaded and proved by the
person pardoned, because the courts take no notice
thereof;
- Amnesty by Proclamation of the Chief Executive with the
concurrence of Congress, is a public act of which the
courts should take judicial notice.
- Pardon is granted to one after conviction;
- Amnesty is granted to classes of persons guilty of political
offense, generally before or after the institution of the
criminal prosecution and sometimes after conviction.
- Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been
convicted; abolishes or forgives the punishment.
- While amnesty looks backward and abolishes and puts
into oblivion the offense itself, it so overlooks and
obliterates the offense with which is charged that the
person released by amnesty stands before the law
precisely as though he had committed no offense.
The Six Inmates Granted Conditional Pardon:
• Agustin Caballero, 71;
• Nicanor Medel, 72;
• Clarita Miranda, 71;
• Pablito Estrada, 73;
• Felipe Gahit Sr., 72; and
• Venerando Generalao, 83.
• The pardons were signed by Mr. Aquino on Dec. 21 and the
convicts were immediately released the next day.
SECTION 20
- BORROWING POWER – 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.
• May the President contract or guarantee foreign loans?
Yes, but only with the “prior concurrence of the
Monetary Board, and subject to such limitations as
may be provided by law.”
• What is the responsibility for approving foreign loans
and for guaranteeing loans given to the Monetary
Board? Because it has expertise and consistency to
perform the mandate and since such expertise or
consistency may be absent among the Members of
Congress.
• Why is the Monetary Board required to give a report of
action taken on loans and guarantees? In order to allow
Congress to act on whatever legislation may be needed
to protect public interest.
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
SECTION 21
- DIPLOMATIC POWER – 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.
FOREIGN RELATIONS POWERS OF THE PRESIDENT
the power to negotiate treaties and international agreements;
(2) the power to appoint ambassadors and other public
ministers and consuls;
(3) the power to receive ambassadors and other public
ministers accredited to the Philippines;
(4) the power to contract and guarantee foreign loans on
behalf of the Republic;
(5) the power to deport aliens.
SECTION 22:
- 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.
SECTION 23
- 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.
- Section 23 gives an opportunity to the President to give
information on the “state of the nation” and to
recommend such measures to the legislature as he may
deem necessary and proper.
Prerogative to address and appear before Congress.
- This provision furnishes an opportunity on the part of the
President at the opening of the regular session of
Congress (Art. VI, Sec. 15.) (1) to give information on the
“state of the nation” and (2) to recommend to the
consideration of the legislative body such measures as he
may deem necessary and proper.
- Such measures are, of course, merely proposals. They
may have no binding effect until enacted by the Congress.
The address may also contain guidelines of national policy.
- The President may appear before Congress at any other
time he may choose after the opening of its regular
session
LIMITATIONS OF PRESIDENTIAL POWERS
- SECTION 6. … 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.
- SECTION 13. 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
J.A.K.E 13 of 19
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.
Prohibitions or Limitations on the Powers of the President
1) No salary increases during the term
2) Shall not receive emoluments. An emolument is
compensation, based on time and length of activity, for
employment, services, or holding office and is generally
used in a legal context.Emolument is derived from the
Latin term "emolumentum," which could mean either
effort or labor, or benefit, gain, or profit. Examples: Bonus,
perks, commissions, fees, and the like.
3) Shall not hold any other office
4) Shall not hold, directly or indirectly, practice any other
profession, business or be financially interested in any
other contract with franchises of the government
5) Avoid conflict of interest in the conduct of his office
6) May not appoint spouse or relatives by consanguinity or
affinity within fourth civil degree
CHECKS AND BALANCE: PRESIDENT AND CONGRESS
Checks and Balances
- The Constitution divided the Government into three
branches: legislative, executive, and judicial. That was an
important decision because it gave specific powers to
each branch and set up something called checks and
balances.
- Just like the phrase sounds, the point of checks and
balances was to make sure no one branch would be able
to control too much power, and it created a separation of
powers. Here are some examples of how the different
branches work together:
• The legislative branch makes laws, but the President in
the executive branch can veto those laws with a
Presidential Veto.
• The legislative branch makes laws, but the judicial
branch can declare those laws unconstitutional.
• The President in the executive branch can veto a law,
but the legislative branch can override that veto with
enough votes.
• The legislative branch has the power to approve
Presidential nominations, control the budget, and can
impeach the President and remove him or her from
office.
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
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 includes the duty of the courts of justice to
settle actual controversies involving rights which are
legally demandable and enforceable, and 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.
- Meaning of Judicial power. – Judicial power is “the right
to determine actual controversies arising between adverse
litigants, duly instituted in courts of proper jurisdiction.” It
is “the authority to settle justiciable controversies or
disputes involving rights that are enforceable and
demandable before the courts of justice or the redress of
wrongs for violation of such rights.”
- Meaning of judicial power according to the constitution.
– Section 1 says: “Judicial power includes the duty of the
courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and
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.”
- Meaning of “abuse of discretion” referred to in Section 1.
It must be “grave abuse of discretion amounting to lack or
excess of jurisdiction.” As Simon vs. Civil Service
Commission, 215 SCRA 410, 416-417, 1992, put it: “By
grave abuse of discretion is meant such capricious and
whimsical exercise of judgment as is equivalent to lack of
jurisdiction. The abuse of discretion must be patent and
gross as to amount to an evasion of positive duty or a
virtual refusal to perform a duty enjoined by law, or to act
at all in contemplation of law, as where the power is
exercised in an arbitrary and despotic manner by reason of
passion or hostility.”
THE SUPREME COURT
- The Supreme Court is the highest court in the Philippines.
The Supreme Court was established by the Second
Philippine Commission on June 11, 1901 through the
enactment of its Act No. 136, an Act which abolished the
Real Audiencia de Manila, the predecessor of the Supreme
Court.
SECTION 2
- The Congress shall have the power to define, prescribe,
and apportion the jurisdiction of the various courts but
may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Section 5 hereof.
- No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its Members.
- Congress has the power to create new courts and to
apportion jurisdiction among various courts. However, in
the exercise of this power Congress may not impair the
independence of the judiciary.
J.A.K.E 14 of 19
SECTION 3
- The Judiciary shall enjoy fiscal autonomy. Appropriations
for the Judiciary may not be reduced by the legislature
below the amount appropriated for the previous year and,
after approval, shall be automatically and regularly
released.
- “Appropriations for the Judiciary may not be reduced by
the legislature below the amount appropriated for the
previous year and, after approval, shall be automatically
and regularly released.” Fiscal autonomy is granted to the
Supreme Court in order to strengthen its independence.
Scope of Judicial Power
• Adjudicating Power – The power to settle legal disputes
• Power of Judicial Review – Refers to the power of the
Supreme Court to interpret and make judgments with
respect to the law
• Incidental Powers – Powers necessary for the discharge
of the judicial function
SECTION 4
- 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.
- The Supreme Court of the Philippines has fifteen (15)
members headed by a Chief Justice with 14 Associate
Justices.
• CHIEF JUSTICE: DIOSDADO M. PERALTA
• ASSOCIATE JUSTICES:
o Justice Estela M. Perlas-Bernabe
o Justice Marvic M.V.F. Leonen
o Justice Alfredo Benjamin S. Caguioa
o Justice Alexander G. Gesmundo
o Justice Ramon Paul L. Hernando
o Justice Rosmari D. Carandang
o Justice Amy C. Lazaro-Javier
o Justice Henri Jean Paul B. Inting
o Justice Rodil V. Zalameda
o Justice Mario V. Lopez
o Justice Edgardo L. Delos Santos
o Justice Samuel H. Gaerlan
o Justice Ricardo R. Rosario
- 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 all other
cases which under the Rules of Court are required to be
heard en banc, 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.
- 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
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
banc or in division may be modified or reversed except by
the court sitting en banc.
- It may sit en banc (as one group) or in division. A new
provision is inserted to the effect that any vacancy should
be filled up within 90 days from the date of vacancy. This
prevents the occurrence of similar situations in the past
wherein vacancies existed for quite sometimes before the
same is filled up.
1) En banc or in divisions – the Supreme court may sit
and hear cases en banc or in divisions of three (3), five
(5), or seven (7) members. (Section 4[1].) It is now the
Supreme Court that decides whether or not it will sit in
divisions. The quorum of the Supreme Court when
sitting en banc is eight (8). Hence, the votes of five (5)
are sufficient for rendering a decision on all cases
required to be heard en banc provided they actually
took part in the deliberations on the issues in the case.
2) Number of divisions – on the basis of fifteen (15)
members, the number of divisions will be five (5),
composed of the three (3) members; three (3),
composed of five (5) members each; or two (2),
meeting separately. In case of two (2) divisions, one
division, and seven (7) in the other. The difference sizes
of the divisions would indicate the relative importance
of the case being heard.
3) Decisions of division/s – by sitting in divisions, the
Supreme Court increases its capacity to dispose of
cases pending before it. The decision of a division is the
decision of the Supreme Court itself. Although a
doctrine or principle of law rendered en banc or in
division may be modified or reversed only by the court
sitting en banc (Section 4[3].), there is always the
possibility that each of the three (3) divisions may
render inconsistent decisions.
En banc cases.
1) all cases involving the constitutionality of a treaty,
international or executive agreement, or law;
2) all cases which under the Rules of court may be required
to be heard en banc;
3) all cases involving the constitutionality, application or
operation of presidential decrees, proclamations, orders,
instructions, ordinances and other regulations
4) cases heard by a division when the required majority in the
division is not obtained;
5) cases where the Supreme Court modifies or reverses a
doctrine or principle of law previously laid down either en
banc or in division;
6) administrative cases involving the discipline or dismissal
of judges of lower courts (Section 11);
7) election contests for President or Vice-President.
POWERS OF THE SUPREME COURT:
1) Judicial Power and Jurisdiction
- Under Article VIII, Section 1, the judicial power shall be
vested in one Supreme Court and in such lower courts
as may be provided by law. This power includes the
duty to settle actual controversies involving rights that
are legally demandable and enforceable and to
determine if any branch or instrumentality of
J.A.K.E 15 of 19
government has acted with grave abuse of discretion
amounting to lack of excess of jurisdiction.
- The Supreme Court has both original and appellate
jurisdiction. It exercises original jurisdiction (cases are
directly filed with the SC in the first instance without
passing through any of the lower courts) over cases
affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus. (Art. VIII,
Section 5(1)). It also has original jurisdiction over writs
of amparo, habeas data and the environmental writ of
kalikasan.
Rule-making Powers
The Supreme Court has the exclusive power to promulgate
rules concerning
a) the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts,
b) the admission to the practice of law, the integrated bar,
and
c) legal assistance to the underprivileged.
Any 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. (Art. VIII, Section 54(5))
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
warranto, 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 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) 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) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
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) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
Meanings of Certiorari, Prohibition, Mandamus, Quo
Warranto and Habeas Corpus:
a) Certiorari is a writ or order issued by a superior court to an
inferior tribunal or an officer exercising judicial function in
order to correct the act or acts of the latter when same are
done without or in excess of jurisdiction or with grave
abuse of discretion and that the aggrieved party has no
other plain, speedy and adequate remedy
b) Prohibition is also a judicial order the purpose of which is
to prevent the carrying out or commission of an act by an
inferior tribunal or person exercising judicial or non-
judicial functions.
c) Mandamus is likewise a judicial order similar to the
foregoing but the purpose is to compel the performance of
an act by an inferior tribunal or person.
d) Quo warranto proceeding is one brought in the name of
the Republic of the Philippines when there is usurpation of
public office or franchise and the usurper or holder of such
public office or franchise is not legally entitled thereto.
(Rule 65, Rules of Court.)
e) A Habeas corpus petition is available to a person who is
unlawfully deprived of his freedom and results in such
person being brought up to court by the detention officer in
order that the legality and illegality of the detention shall
be determined.
- The petition for a writ of amparo is a remedy available to
any person whose right to life, liberty and security is
violated or threatened with violation by an unlawful act or
omission of a public official or employee, or of a private
individual or entity. The writ shall cover extralegal killings
and enforced disappearances or threats thereof.
- Because of the nature and importance of the cases
enumerated under the paragraph 2 of Section 5, no less
than the Supreme Court itself, as the highest tribunal, is
vested with the power of judicial review over the same.
- With respect to the rule-making power of the Supreme
Court certain limitations are provided by the Constitution,
namely:
1) the rules shall provide for a simplified and inexpensive
procedure for speedy disposition of cases;
2) such rules shall be uniform for all courts of the same
grade; and
3) same rules shall not be diminished, increase or modify
substantive rights, i.e., rights granted by the
Constitution and/or statutes.
THE LOWER COURTS
- The Court of Appeals was established on February 1, 1936
by virtue of Commonwealth Act No. 3 and is considered as
J.A.K.E 16 of 19
the second highest tribunal in the country. It is composed
of one presiding justice and 68 associate justices, all of
which are appointed by the President from a shortlist
submitted by the Judicial and Bar Council. The associate
justices shall have precedence according to the dates (or
order, in case of similar appointment dates) of their
respective appointments. The qualifications for the
justices of the Supreme Court also apply to members of
the Court of Appeals.
- The Court of Appeals’ principal mandate is to exercise
appellate jurisdiction on all cases not falling within the
original and exclusive jurisdiction of the Supreme Court.
Its decisions are final except when appealed to the
Supreme Court on questions of law.
- The jurisdiction of the Court of Appeals are as follows:
1) Original jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether or
not in aid of its appellate jurisdiction;
2) Exclusive original jurisdiction over actions for
annulment of judgements of Regional Trial Courts; and
3) Exclusive appellate jurisdiction over all final
judgements, resolutions, orders or awards of Regional
Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission.
- The Court of Appeals shall also have the power to try
cases and conduct hearings, receive evidence and
perform acts necessary to resolve factual issues raised in
cases falling within its original and appellate jurisdiction,
including the power to grant and conduct new trials or
proceedings.
The Sandiganbayan
- Both the 1973 and 1987 Constitution contain provisions
on the present anti-graft court known as the
Sandiganbayan. It has jurisdiction over criminal and civil
cases involving graft and corrupt practices and such other
offenses committed by public officers and employees,
including those in government-owned or controlled
corporations, in relation to their office as may be
determined by law.
- The jurisdiction of the Sandiganbayan is perhaps one of
the most often amended provision from the 1973
Constitution to Republic Act (R.A.) No. 8249. Before R.A.
No. 8249, jurisdiction of the Sandiganbayan was
determined on the basis of the penalty imposable on the
offense charged. Thereafter, it was amended such that
regardless of the penalty, so long as the offense charged
was committed by a public officer, the Sandiganbayan was
vested with jurisdiction. Under R.A. No. 8249, to determine
whether the Sandiganbayan has jurisdiction, a person
must look into two (2) criteria, namely, the nature of the
offense and the salary grade of the public official.
The Court of Tax Appeals
- The Court of Tax Appeals (CTA) was created on June 16,
1954, through the enactment of Republic Act No. 1125
(R.A. 1125). Its jurisdiction and composition have been
increased with passage of several legislations. With the
enactment of Republic Act (R.A.) No. 9282 on April 23,
2004, the CTA became an appellate Court, equal in rank to
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
the Court of Appeals. The composition of the Court
increased to six (6) Justices with one (1) Presiding Justice
and five (5) Associate Justices.
- R.A. No. 9503 took effect on July 5, 2008, which further
enlarged the organizational structure of the CTA. The CTA
is now composed of one (1) Presiding Justice and eight (8)
Associate Justices. The CTA may sit en banc or in three (3)
divisions with each division consisting of three (3) Justices.
A decision of a division of the CTA may be appealed to the
CTA En Banc, and the latter's decision may further be
appealed by verified petition for certiorari to the Supreme
Court.
The Second Level Courts
- Regional Trial Courts are also known as Second Level
Courts, which were established among the thirteen
Judicial regions in the Philippines consisting of Regions I to
XII and the National Capital Region (NCR). There are as
many Regional Trial Courts in each region as the law
mandates.
- RTCs were formerly called as the Court of First Instance
since the Spanish era. It was only in the Judiciary
Reorganization Act of 1980 that its name was changed
from being called the Court of First Instance to Regional
Trial Court.
The First Level Courts
- Each city and municipality in the Philippines has its own
trial court. These First Level Courts are more commonly
referred to as Metropolitan Trial Courts (MeTC), Municipal
Trial Courts in Cities (MTCC), Municipal Trial Court (MTC),
and Municipal Circuit Trial Courts (MCTC).
The Shari'a District & Circuit Courts
- The Shari'a District Courts are equivalent to the Regional
Trial Courts in rank, which were established in certain
provinces in Mindanao where the Muslim Code on
Personal Laws is being enforced.
SECTION 6
- The Supreme Court shall have administrative supervision
over all courts and the personnel thereof.
- Administrative Supervision Over Lower Courts – The
Supreme Court exercise administrative supervision over
all courts from the Court of Appeals down to the lowest
courts and the personnel thereof. This is one of the
fundamental changes introduced in respect of the judicial
system by the 1973 Constitution.
SECTION 7
1) 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.
2) 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.
3) A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
J.A.K.E 17 of 19
Qualifications of a Member of the Supreme Court.
He or she:
1) must be a natural-born citizen of the Philippines
2) must be at least forty years of age
3) must have been for fifteen years or more a judge of a lower
court or engaged in the practice of law in the Philippines;
and
4) a person of proven integrity, probity and independence.
Qualifications of a member of a lower collegiate court.
He or she must be:
1) a natural-born citizen of the Philippines
2) a member of the Philippine Bar
3) possessing the other qualifications prescribed by
Congress; and
4) must be a person of proven competence, integrity, probity
and independence.
Qualifications of Judges of non-collegiate lower courts.
They must be:
1) citizens of the Philippines
2) members of the Philippine Bar
3) possessing the other qualifications prescribed by
Congress; and
4) persons of proven competence, integrity, probity and
independence.
SECTION 8.
1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court,
and a representative of the private sector.
2) 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.
3) The Clerk of the Supreme Court shall be the Secretary ex
officio of the Council and shall keep a record of its
proceedings.
4) 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.
5) 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.
SECTION 9.
- The Members of the Supreme Court and judges of lower
courts shall be appointed by the President from a list of at
least three nominees preferred by the Judicial and Bar
Council for every vacancy. Such appointments need no
confirmation.
 PHILIPPINE POLITICS, GOVERNANCE AND CITIZENSHIP: BSN 3RD YEAR 2ND SEMESTER MIDTERM 2023
- For the lower courts, the President shall issue the
appointment within ninety days from the submission of the
list.
Principal function of the Judicial and Bar 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.”
Composition of the Judicial and Bar Council.
- “The Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the:
• Chief Justice as ex officio Chairman
• the Secretary of Justice
• and a representative of the Congress as ex officio
Members
• a representative of the Integrated Bar
• a professor of law
• a retired Member of the Supreme Court
• a representative of the private sector.”
Appointment of the regular members of the Council.
- They are appointed by the President with the consent of
the Commission on Appointments.
- The rationale behind the creation of the Judicial and Bar
Council.
- The Council was principally designed to eliminate politics
from the appointment of judges and justices. Thus,
appointments to the Judiciary do not have to go through a
political Commission on Appointments.
Manner of appointment of the members of the Judiciary.
- “The Members of the Supreme Court and judges of lower
courts shall be appointed by the President from a list of at
least three nominees preferred by the Judicial and Bar
Council for every vacancy. Such appointments need no
confirmation. For the lower courts, the President shall
issue the appointment within ninety days from the
submission of the list.”
SECTION 10
- 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.
Compensation of members of the judiciary
1) Prohibition against reduction – the salary of the
members of the Supreme Court and of judges of lower
courts shall be fixed by law. Until Congress shall provide
otherwise, the initial annual salary of the Chief Justice is
P240,000 and each Associate Justice, P204,000 (Article
XVIII, Section 17.) After Congress has fixed the
compensation of any of them, it may not reduce the same
during his incumbency;
2) Purpose of the prohibition – the purpose is not to benefit
the judges but to attract good and competent men to the
bench and to promote their independence of action and
judgment.
J.A.K.E 18 of 19
SECTION 11
- 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 (70) 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.
Tenure of Office of Members of the Judiciary
Importance of security of tenure
- Section 11 insures the security of tenure of the members
of the Supreme Court and the judges of lower courts.
- They shall hold office during good behavior until they reach
the age of seventy (70) years or become incapacitated ,
physically or mentally, to discharge the duties of their
office.
- Security of tenure dependent upon good behavior has long
been considered as an indispensable guarantee to keep
judicial independence, the cornerstone of all systems of
effective administration of justice.
Retirement Age
- The retirement age in the 1973 Constitution was reduced
from the original seventy (70) to sixty-five (65) years which
is the retirement age of other non-elective government
officials and employees and restored again to seventy (70).
- The reduction was obviously intended to afford members
of the judiciary ample time to enjoy the benefits of their
retirement from the service and to give opportunity to
comparatively younger men to occupy the Bench.
Termination of right to hold office
- The Constitution provides for the impeachment of the
members of the Supreme Court. (Article XI, Section 2.) As
for judges of lower courts, Congress has the power to
prescribe the procedure and the causes for their removal.
Disciplining or dismissal of judges of lower courts.
- The present Constitution gives to the Supreme Court the
power to discipline judges of lower courts, including
justices of the Court of Appeals and the Sandiganbayan.
- By a vote of a majority of the members who actually took
part in the deliberations on the issues in the case and
voted thereon, it can order their dismissal.
SECTION 12.
- The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative function.
- Prohibition against designation to quasi-judicial and/or
administrative agencies.
- In the past administration, members of the judiciary were
sometimes designated to executive positions in the
government at the same time retaining their rank or
seniority as such members. This practice is no longer
possible under the new Constitution. Section 8 prohibits
the designation by the President of the members of the
Supreme Court and of other courts established by law to
any agency performing quasi-judicial and/or
administrative functions.
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- The following reasons may be given for the prohibition:
1) Such designation violates the doctrine of separation of
powers between the judicial and the executive
branches of the government
2) It may compromise the independence of the members
in the performance of their judicial functions; and
3) With so many cases pending in courts, the practice will
result in further delay in their disposition. The Supreme
Court and the Court of Appeals particularly, which are
already burdened with heavy load of cases, could never
reduce, much less eliminate, the backlog in their
dockets if their members could be assigned to non-
judicial agencies.
• A case or matter is deemed submitted for decision or
resolution from the date the last pleading (Section
5[5].), brief, or memorandum is filed.
- PLEADING – IN LAW –pleading is a formal statement of the
cause of an action or defense.
- BRIEF – A brief (Old French from Latin "brevis", short) is a
written legal document used in various legal adversarial
systems that is presented to a court arguing why one party
to a particular case should prevail.
- MEMORANDUM – A "memorandum of law" may be
prepared by an attorney to support a legal argument,
which is similar to a brief but with less attention to legal
writing formalities.

SECTION 13
The conclusions of the Supreme Court in any case submitted
to it for the decision en banc or in division shall be reached in
consultation before the case assigned to a Member for the
writing of the opinion of the Court.
A certification to this effect signed by the Chief Justice shall
be issued and a copy thereof attached to the record of the
case and served upon the parties.
SECTION 14
- No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the
law on which it is based.
- No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or
denied without stating the legal basis therefore.
- Decision is the 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 upon which the
disposition of the case is based.
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.
- The above provision requires the Supreme Court to submit
to the President and Congress an annual report on the
operations and activities of the judiciary. Through such
report and the recommendations that the Supreme Court
may make, the President and the Congress may be guided
in proposing or in the enactment of legislation affecting
the courts and the administration of justice.
GOOD LUCK SA EXAM <3

SECTION 15
1) 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.
2) 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.
Maximum periods for rendition of decisions.
- From date of submission for decision or resolution – by
constitutional mandate, the various courts must decide or
resolve a case or matter submitted thereto within the
following periods from the date of submission:
• Supreme Court – within twenty-four (24) months;
• The Court of Appeals and other collegiate appellate
courts – within twelve (12) months unless reduced by
the Supreme Court;
• Lower courts – within three (3) months unless reduced
by the Supreme Court.

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