CALUNSAG, CARRYL LEE JAMAICA PACARO
g. President and Vice President
READINGS (finals recap)
Fundamentals of Political Science
a. Legislative
Power – make laws and subsequently, when
need arises, to alter and repeal them.
It has a double Chamber Body – Senate and
House of Representatives.
Legislative Branch is not limited but
distributed/delegated to some people.
b. The Senate
• A natural born citizen
• At least thirty-five years old
• Is able to read and write
• Registered voter
• Resident in the country not less than
two years before election
c. The House of Representatives
• A natural born citizen
• Registered voter in the district in
which you seek to be elected
• Resident at least a year before the
election
• At least 25 years of age
d. Disqualification
Batas Pambansa BLG.881
Article 1, Section 12
e. Doctrine
Delegata Potesta Non delegate potess
‘No delegated powers can be further
delegated’
f. Executive
Responsible for putting policies or laws into
effect. Having the power to put plans,
actions, or laws into effect.
• Natural born Filipino
• Registered voter
• Must be able to read and write
• 40 years of age
• Must have resided in the Philippines
ten years before the election Is held.
h. Qualification
Trust and Confidence
i. Disqualification
Removed in office through impeachment.
Article 11—Accountability of Public Officers
j. Doctrine
Doctrine of Alter Ego – heads of the
executive office are the alter egos of the
president, thus, the acts of the heads of the
executive office are considered the acts of
the president.
k. Judiciary
To settle actual controversies which are
legally demandable and enforceable. It
composes of Chief Justices and 14 Associate
Justices.2 Key Powers; One for demanding
and enforcing laws under the Constitution,
and the other point in which makes sure that
no officials will abuse power, or exercise
power despite its lacking or excess of factual
basis.
I. Organization of Courts
Regular Courts—The Philippine judicial
system consists of a hierarchy of courts
resembling a pyramid with the Supreme
Court at the apex.
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Special Courts—aside from the regular p. Three Kinds of Person

courts there are under present laws special
courts: Sandigan Bayan, Court of Tax Appeals
l. To be Appointed
• Natural born citizen
• 40 years of age
• Fifteen years or more judge of lower
court or engaged practiced of law in
the Philippines
• Proven competence, integrity,
probity and independence
m. Disqualification
Code of Judicial Conduct. Rule 137.Section 1
Batas Pambansa BLG. 881 Article 1. Section
12
Natural Person – A natural person or human
being has physical existence
Juridical Person – A juridical person exist
only in contemplation of law
q. What is Writ?
A writ is an order issued by a legal authority
with administrative or judicial powers,
typically a court. There is an Existing
Special Writs (5)
r. Writs of Habeas Corpus
Court of order requiring that an imprisoned
individual be brought to a court by a public
official and justify his or her detention, or be
released on lawful grounds. Remedy against
illegal detention

n. Doctrine s. Writs of Habeas Data

Hierarchy of Courts Remedy designed to protect the image,
privacy, honor, information and freedom of
information of an individual, and to provide
forum to enforce one’s right to truth and to
informational privacy. Protect Image
(negative profiling)

t. Writs of Amparo
Remedy available to any person whose right
to life, liberty and security is violated or
threatened. Ampora – Protection.

o. Local Courts
MeTC’s are the first level courts in
Metropolitan Manila Area
First Level Courts in cities outside
Metropolitan Manila are referred to as the
MTCCs
The MTCs are first level courts that cover
only one municipality
MCTCs cover multiple Municipalities
u. Writs of Mandamus
Unlawful neglect in the performance of an
act specifically enjoined by law in
connection with the enforcement/ violation
of envt’l rule
v. Writ of Kalikasan
Available against an unlawful act or
omission of a public official or employee, or
private individual or entity, involving
environmental damage of such magnitude
as to prejudice the life, health or property in

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inhabitants in two or more cities or
provinces.
w. Writs Vs. Statutes
Writs offer protection meanwhile Statue is
the act of being obligated by the law
x. Principle of Separation of Powers and
Check and Balance
Principle of Separation of Powers in where
the Branches of the government is
separated into 3; Legislative, Executive and
Judicial
Check and Balance in which the branch
cannot interfere with one another unless
followed by a requisite from the
constitution. Both Branches have limited
powers and responsibilities which are to not
be touched by one another but can be
checked when supplied by the constitution.
y. Check and Balance
Executive to Legislative – the law-making
power of the Congress is checked by the
President through its veto power, which in
turn maybe overturn by the legislature.
President’s choosing of not to sign a law
Executive to Judicial – the President may
nullify conviction in a criminal case by
pardoning the offender. Has the power to
appoint Federal judges and issues pardon.
Legislative to Executive – the Congress may
refuse to give its concurrence to an amnesty
proclaimed by the President and the Senate
to a treaty he has concluded. Has the power
to impeach and remove president if
committed crimes
Legislative to Judicial – the Congress limit
the jurisdiction of the Supreme Court and
that the inferior courts and even abolish
latter tribunals. Congress must approve the
appointment of Federal Judges, which
allows them to influence who hold office in
the Judicial Branch
CALUNSAG, CARRYL LEE JAMAICA PACARO
Judicial to Legislative and Executive –
Judicial has the power to declare invalid in
act done by the Congress, the President and
his subordinates, or the Constitutional
Commissions (Doctrine of Judicial Review)
z. Blending of Powers
Like so, when supplied by the constitution,
blending of powers are exercised by the
three branches. A perfect example of this is
the makings of law, In which the Legislative
creates them and the Executive Approves.
The different Branch exercised the power
they both hold and blends them in order to
make one thing possible.
aa. Kinds of Constitution (Origin, History,
Form and Manner of Amending)
AS TO THEIR ORIGIN AND HISTORY
• Conventional or enacted – granted
by a monarch
• Cumulative or evolved – product of
growth or a long period of
development
AS TO THEIR FORM
• Written – definite written form
• Unwritten - Product of political
evolution
AS TO MANNER OF AMMENDING THEM
• Rigid or Inelastic – document of
special sanctity which cannot be
amended or altered
• Flexible or Elastic – no higher legal
authority than ordinary laws
bb. What Kind of Constitution does the
Philippines has?
Cumulative, unwritten and Rigid
cc. Difference of Constitution and Statute
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Constitution – Fundamentals and supreme
law of land
Statute – a written law passed by a
legislative body
dd. MULLUM CRIMEN NULLA POENA SIRE
LEGIR
No punishment without law
ee. Party System
Political Arrangement in the Political Parties
in Particular state (permitted by law). It
identifies how many parties are present in
the status quo
ff. Three Categories of Party System
a. Single Party – one dominant party
(north Korea, China)
b. Two Party – two major parties (US;
democrats and republicans)
c. Multi Party – more than two
dominant political parties
(Philippines)
There is an internal discrimination (the other
Shawn the other) --FLAW
gg. RA 7941, Sec 3, Paragraph C (Party List
System Act)
Pulmonated in March 3 1995
Authored by Atty,Michael Mastura
hh. Party List System
Mechanism of proportional representation
(people). It is for the Less privilege of have
the opportunity to participate in the
election.
R.A 7941 or “Party List Act”
ii. How can a Party List win an election?
2% Threshold with 3 seats limitation.
Who will garner at least 2 percent of vote
will get one seat in which if 2 above shall
garner 2 seats, and 5 above shall have 3, and
will only be limited to 3.
CALUNSAG, CARRYL LEE JAMAICA PACARO
jj. How are there 5 nominations for Party List
when the congress can only offer 3 seats?
For emergency problems, the 2 shall be
prioritized for substitute
kk. Is it possible for a Party list to seat even if
they cannot reach the ultimatum of 2
percent threshold?
If the seats are not filled, the following votes
can fill the slot as long as the 20 percent
seats are filled. (ex. In 2016, 1 slot was given
to AGBIAG partylist)
ll. President Duterte wants to abolish the
Party List System because its flawed?
Thoughts?
Do not agree for abolishment, but agreed to
it being flawed due to its purpose being
hijacked by the rich. The less privilege was
no longer represented
ATOM PAGLAUM vs COMELEC
Atom COC were rejected
Grounds:
(1) Are not marginalized
(2) Not a member of less privilege
But due to its Qualification stated in the
Constitution not includes the two grounds
as a Qualification, Atom Paglaum COC were
then approved despite them not
representing the marginalized.
“You do not need to be marginalized in
order to represent them” – as long as they
are chosen by the party
mm. Proportional Presentation
They represent everyone proportionally
Lower House: Congress (80%) & Party List
System (20%)
Upper House: Senate
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nn. Uniform and Progressive Ratio tt. In favor of transitioning from Multi to Two
1 Legislative District = 250,000 members Party System?
1 Party List = 4 Legislative Districts Yes, multi-party has more chances from
4 Congressman, 1 Party List Group hijacked, most likely to be a battle for
dominance, meanwhile two party has no
oo. Political Party issues in financial dominance or connection,
Organized group of citizens advocating an but instead a battle of principle.
ideology or platform principles and policies
for the general conduct of the government
and in which as the most immediate means
in securing adoption regularly nominates
and supports certain of its members as
candidates at a certain office (they
nominate to run in order to advance their
interest)

pp. Three Elements of Political Party

1. Organization of Men united on
common platform and principle
2. Must put up candidates during
election time (in order to advance
interest, you have to put up
candidate)
3. Must have party platform and
program

qq. How is it possible to exist more (316) than

250 members in the Lowerhouse that is
stated by the constitution?
The Population grows bigger and bigger.
The bigger the population the many
congressmen as well as the party list

rr. Who can participate under Party List

Group?
The registered national, regional and
sectoral party. Must be included 90 days
before the election, and 15 days of result
(refer Article VI Sec 5)

ss. Article 9 Constitutional Commission

COMELEC is a Constitutional Commission.
They are independent from the government
and they have special function.

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