-1-

ELECTIVE OFFICIALS
COMPOSITION CITIZENSHIP AGE LITERACY VOTER RESIDENCY TERM TERM LIMIT
PRESIDENT 1 Natural-born 40 Read & write Registered 10 yrs in the Phil. 6 yrs No re-election
VICE-PRES. 1 Natural-born 40 Read & write Registered 10 yrs in the Phil. 6 yrs 2 consecutive
SENATOR 24 Natural-born 35 Read & write Registered 2 yrs in the Phil. 6 yrs 2 consecutive
DISTRICT Not more Natural-born 25 Read & write Registered 1 yr in district 3 yrs 3 consecutive
REP. than 250 in district
PARTY-LIST 20% of the Natural-born 25* Read & write Registered 1 yr in the Phil. 3 yrs 3 consecutive
REP. total # of reps.

* youth sector (25-30 years old)

APPOINTIVE OFFICIALS
COMPOSITION CITIZEN AGE PROFESSIONAL & OTHER MANNER OF APPOINTMENT/
-SHIP REQUIREMENTS TERM OF OFFICE
1 Chief Justice Natural 40 1. Judge or engaged in the practice of law - Appointed by the President from a
14 Associate born for 15 years or more list of at least 3 nominees prepared
Justices 2. Proven competence, integrity, probity & by the JBC.
independence - Confirmation not required.
SUPREME - Vacancy must be filled w/in 90
COURT days from occurrence.
JUSTICES
Holds office:
- During good behaviour
- Until they reach the age of 70
- Until they become incapacitated to
discharge the duties of their office
- Citizen By 1. Member of the Phil. Bar - Appointed by the President from a
law 2. Proven Competence, integrity, probity list of at least 3 nominees prepared
& independence by the JBC.
JUDGES - Confirmation not required.
- President shall issue the
appointment w/in 90 days from the
submission of the list.
1. Ombudsman Natural 40 1. NOT candidates for any elective - Appointed by the President from a
2. Overall Deputy born position in the last election list of at least 6 nominees prepared
3. Deputy for Luzon 2. Member of the Phil. Bar by the JBC.
OFFICE OF THE 4. Deputy for 3. Recognized probity & independence - Confirmation not required.
OMBUDSMAN Visayas - Vacancy must be filled w/in 3
5. Deputy for Ombudsman – a judge or engaged in the months from occurrence.
Mindanao practice of law for 10 years or more
Term: 7 years w/o reappointment
1. Chairman Natural 35 1. NOT candidates for any elective 1. Appointed by the President, AND
CIVIL SERVICE 2. 2 Commissioners born position in the last election 2. With consent of COA
COMMISSION 2. Proven capacity for public
administration Term: 7 years w/o reappointment
1. Chairman Natural 35 1. NOT candidates for any elective 1. Appointed by the President, AND
2. 6 Commissioners born position in the last election 2. With consent of COA
2. Holders of a college degree
COMMISSION 3. A majority & the Chairman: Term: 7 years w/o reappointment
ON ELECTIONS - Are members of the Phil. Bar
- Have been engaged in the practice of
law for at least 10 years
1. Chairman Natural 35 1. NOT candidates for any elective 1. Appointed by the President, AND
2. 2 Commissioners born position in the last election 2. With consent of COA
2. Must be either:
COMMISSION - CPA w/ at least 10 years of auditing Term: 7 years w/o reappointment
ON AUDIT experience, OR
- Members of the Phil. Bar who have
been engaged in the practice of law
for at least 10 years

SIENNA A. FLORES POLITICAL LAW REVIEW

 -2-

DISQUALIFICATIONS
OFFICE DISQUALIFICATIONS WHEN APPLICABLE
1. incompatible office: may not hold any other office or employment in During term w/o forfeiting his seat
government or any subdivision/agency/instrumentality thereof, including any
GOCC or its subsidiary
2. forbidden office: shall not be appointed to any office w/c may have been During the term for w/c he was
created or the emoluments increased during the term for w/c he was elected elected, even when he had already
resigned when the office was
created or the emolument increased
SENATE/ 3. legislators cannot personally appear as counsel before any court of justice, During his term of office
HOUSE OF REPS electoral tribunal, quasi-judicial and administrative bodies
4. cannot be financially interested, directly or indirectly, in any contract w/, or During his term of office
in any franchise, or special privilege granted by the government, or any
subdivision/agency/instrumentality thereof, including any GOCC or its
subsidiary
5. legislators cannot intervene in any matter before any office of the When it is for:
government 1. his pecuniary benefit
2. where he may be called upon to
act on account of his office
1. cannot hold any other office or employment During their tenure
PRESIDENT/VP/ 2. cannot practice any profession, directly/indirectly During their tenure
MEMBERS OF 3. cannot participate in any business, directly/indirectly During their tenure
CABINET & THEIR 4. cannot be financially interested, directly/indirectly, in any contract w/, or in During their tenure
DEPUTIES & any franchise, or special privilege granted by the government, or any
ASSISTANTS subdivision/agency/instrumentality thereof, including any GOCC or its
subsidiary
PRESIDENT’S Cannot be appointed as: During the tenure of the President
SPOUSE, RELATIVES 1. Members of the Constitutional Commissions
BY CONSANGUINITY/ 2. Office of the Ombudsman
AFFINITY W/IN 4TH 3. Secretaries/Undersecretaries
CIVIL DEGREE 4. Chairmen/Heads of Bureaus/Offices/GOCCs & their subsidiaries
1. cannot hold any other office or employment During his tenure
2. cannot engage in the practice of any profession During his tenure
CSC/COMELEC/COA, 3. engage in the active management or control of any business w/c in any way During his tenure
OMBUDSMAN’S may be affected by the functions of his office
DEPUTIES 4. cannot be financially interested, directly/indirectly, in any contract w/, or in During his tenure
any franchise, or special privilege granted by the government, or any
subdivision/agency/instrumentality thereof, including any GOCC or its
subsidiary
Cannot hold any other office or employment in the government, or any Unless otherwise provided by law, or
subdivision/agency/instrumentality thereof, including any GOCC or its by the primary functions of his
APPOINTIVE subsidiary positions
OFFICIALS filing certificate of candidacy in the case of public appointive officials (including He shall be considered ipso facto
members of AFP, & employees of GOCCs resigned if he files certificate of
candidacy
Cannot be appointed or designated in any capacity to a civilian position in the In active service
MEMBERS OF THE Government, including GOCCs or any of their subsidiaries
ARMED FORCES Cannot engage directly/indirectly in any partisan political activity, except to
vote
- No loan, guaranty, or other form of financial accommodation for any President, VP, Cabinet, Congress,
IN GENERAL business purpose may be granted, directly/indirectly, by any government SC, the Constitutional Commissions,
owned and controlled bank or financial institution, nor to any firm or entity in the Ombudsman - during their
w/c they have controlling interest tenure
- public officers and employees owe the State and this Constitution allegiance Public officers and employees
IN GENERAL at all times
- any public officer or employee who seeks to change his citizenship or acquire
the status of an immigrant of another country shall be dealt w/ by law
- cannot receive additional, double, or indirect compensation unless specifically Elective/appointive public officers or
IN GENERAL authorized by law employees
- cannot receive any present, emolument, office or title or any kind from any
foreign govt w/o the consent of Congress

SIENNA A. FLORES POLITICAL LAW REVIEW

 -3-

CONSTITUTIONAL BODIES
COMPOSITION
1. CHAIRMAN: Senate Pres.
COMMISSION ON (GR: doesn’t vote; E: tie)
APPOINTMENTS 2. 12 Senators
3. 12 Congressmen
1. 3 SC Justices (CHAIRMAN:
HRET/SET most senior Justice)
2. 6 Senators/ Congressmen
Supreme Court en banc
PET
1. CHAIRMAN: Chief Justice
2. Sec. of Justice
3. Rep. of Congress
JBC 4. Rep. of the Integrated Bar
5. Rep. of Private Sector
6. Professor of law
7. Retired Member of the SC
Members must be:
1. Natural-born citizens
CENTRAL 2. Known probity, integrity &
MONETARY patriotism
AUTHORITY 3. Majority should be from
the private sector
MANNER OF APPOINTMENT
- Senate President: ex-officio
- Senators/Congressmen: based on proportional
representation from the pol. parties
- SC Justices: designated by the Chief Justice
- Senators/Congressmen - based on proportional
representation from the pol. parties
(ex-officio)
Regular Members:
1. Appointed by the President, AND
2. With consent of COA
Ex Officio: Chief Justice, Sec. of Justice,
Representative of Congress
Provided by law.
PURPOSE/FUNCTION
Act on all appointments submitted to it
w/in 30 session days of Congress from
their submission; Rule by majority
vote.
Sole judge of all contests relating to
the election, returns & qualifications of
their Members;
Sole judge of all contests relating to
the election, returns & qualifications of
the President & VP;
1. Recommending appointees to the
Judiciary
2. Other functions & duties as the SC
may assign it
1. Provide policy direction in the areas
of money, banking & credit
2. Supervision over operation of banks
3. Exercise regulatory powers over
operations of finance companies &
institutions performing similar
functions

POWERS OF THE PRESIDENT

POWER PURPOSE WHEN IT MAY LIMITATIONS
BE EXERCISED
to carry out a 1. in times of war, The President could validly declare the existence of a state of national
national policy OR emergency even in the absence of Congressional enactment. But the
declared by 2. other national EXERCISE of emergency powers requires a delegation from Congress.
Congress emergency
Requisites for Valid Delegation:
EMERGENCY 1. there must be war or other emergency
POWERS 2. the delegation must be for a limited period only
3. the delegation must be subject to restrictions as the Congress may prescribe
Art. 6. Sec. 23. 4. the emergency powers must be exercised to carry out a national policy
Par.2 declared by Congress

GR: such powers shall cease upon the next adjournment of Congress
E: if it is sooner withdrawn by resolution of Congress
CALLING OUT to prevent or “whenever it Subject to judicial inquiry (the standard for judicial inquiry is arbitrariness &
POWERS suppress lawless becomes NOT correctness)
violence, necessary”
Art. 7. Sec. 18. invasion or
Par.1 rebellion
POWER TO 1. in case of 1. for a period not Applicable only to persons judicially charged for:
SUSPEND rebellion or exceeding 60 days 1. rebellion, or
THE PRIVILEGE OF invasion, AND 2. w/in 48 hours from the 2. offenses inherent in or directly connected w/
THE WRIT OF 2. when public proclamation, the invasion
HABEAS CORPUS safety requires it President must submit a
report in person or in
Art. 7. Sec. 18 writing to Congress
The calling upon 3. Congress, voting jointly, A state of martial law does NOT:
of the military may revoke it by at least 1. suspend the operation of the Constitution
POWER TO power to assist a majority of its member 2. supplant the functioning of the civil courts or
DECLARE the executive in 4. SC may review the legislative assemblies
MARTIAL LAW the maintenance sufficiency of the factual 3. authorize the conferment of jurisdiction on
of law & order. basis of the military courts & agencies over civilians where
Art. 7. Sec. 18 proclamation & must civil courts are able to function
promulgate its decision 4. automatically suspend the privilege of the writ
w/in 30 days from filing of habeas corpus
“for successful 1. in times of The President may exercise such power ONLY when Congress delegates it to
POWER TO prosecution by national him pursuant to a law prescribing reasonable terms thereof.
TAKE OVER the Government emergency, AND
of its effort to 2. when the public
Art. 12. Section 17 contain & solve interest so
& end the requires
present
emergency”

SIENNA A. FLORES POLITICAL LAW REVIEW

 -4-

VOTING BY CONGRESS
REQUIREMENT SEPARATELY JOINTLY SILENT
MAJORITY 1. in case of TIE bet. 2 or more candidates for President & Vice 1. Revoke/Extend 1. Grant tax exemption
President, chose one of them proclamation of martial 2. Grant amnesty
2. in case of vacancy in the Office of the VP, the President law, OR
nominates a VP among the Senators/Congressmen, they shall 2. Revoke/Extend the
confirm such nomination President’s suspension of
3. SENATE ONLY – elect Senate President the privilege of the writ of
4. HOUSE ONLY – elect House Speaker habeas corpus
2/3 1. declare existence of state of war Call a constitutional
2. repassing/reconsidering a bill vetoed by the President convention or submit
3. determine if the President is unable to discharge his duties (when to the electorate the
the President claims he is, but Members of the Cabinet declare question of calling
otherwise) such convention
4. suspend/expel a member of their respective house, in accordance
w/ its rules & proceedings
5. SENATE ONLY – ratification of treaty or international agreement
6. SENATE ONLY – conviction in impeachment cases
3/4 Propose constitutional
amendments/revisions
1/3 HOUSE ONLY – affirm/overturn resolution of Committee on Justice
re: Articles of Impeachment
1/5 Yeas & nays be entered in the Journal of the respective house

Rule on succession when the vacancies occur at the ACTIVITY CITIZENSHIP AND/OR EQUITY REQUIREMENTS
BEGINNING OF THE TERM Exploitation 1. Filipino citizens
If the President: VP-elect will be Acting President of Natural 2. corporation incorporated in RP
1. is not chosen, OR until the President shall have been Resources 3. 60% Filipino ownership
2. Fails to qualify or be chosen chosen/qualified Operation 1. Filipino citizens
If the President-elect: VP-elect becomes president of Public 2. corporation incorporated in RP
1. dies, OR Utilities 3. 60% Filipino ownership
2. becomes permanently Acquisition 1. Filipino citizens (natural persons)
disabled of Alienable 2. Corporations cannot acquire alienable lands of the
If BOTH the President & VP: 1. the Senate President, or in case Lands of public domain, they can only LEASE the same
1. is not chosen of his inability the Public
2. fails to qualify 2. House Speaker Domain
3. die - They will only act as Acting Acquisition 1. Filipino citizens
4. become permanently President until President & VP of Private 2. corporation incorporated in RP
disabled have been chosen & have qualified Lands 3. 60% Filipino ownership
- in case of death, permanent 4. former natural-born citizens of RP as transferees, w/
disability or inability of the Senate certain legal restrictions
President & House Speaker, 5. alien heirs as transferees in case of intestate
Congress shall determine, by law, succession
the manner of selecting the one Practice 1. Filipino citizens only (natural persons)
who is to act as Acting President of ALL 2. Congress may, by law, otherwise prescribe
professions
Rule on succession when vacancies occur after the Mass 1. Filipino citizens
OFFICE IS INITIALLY FILLED Media 2. Corporations incorporated in RP
If the President: VP becomes President for unexpired 3. 100% Filipino owned
1. dies term Advertising 1. Filipino citizens
2. permanently disabled 2. corporations incorporated in RP and 70% owned
3. removed from office Educational 1. Filipino citizens
4. resigns Institution 2. corporations incorporated in RP
If both the President & VP: 1. the Senate President, or in case of 3. 60% ownership
1. die his inability E: schools established by religious & mission boards
2. become permanently 2. House Speaker Other Congress may, by law reserve to Filipino citizens or to
disabled - They will only act as Acting economic corporations 60% Filipino owned (or even higher)
3. removed from office President until President & VP have activities certain investment areas
4. resign been chosen & have qualified
- in case of death, permanent PRESIDENTIAL APPOINTEES
disability or inability of the Senate REQUIRES CONSENT OF COA NO CONSENT
President & House Speaker, Congress REQUIRED
shall, by law, provide who shall serve 1. Heads of executive departments 1. Officers of the
as Acting President 2. Ambassadors, other public ministers & government whose
If the VP’s Office is vacant President shall nominate a VP from consuls appointments are
for term elected among the members of the Senate & 3. AFP officers from rank of colonel or naval not provided by law
HR and to confirmed by majority vote captain 2. Those whom he
all members of both Houses of 4. Other officers whose appointments are may be authorized
Congress, voting separately vested in him in the Constitution: by law to appoint
a. JBC 3. Appointment of
b. Chairman & Commissioners of Con-Coms other officers lower
c. Regional Devt Council in rank, when
d. Members of regular consultative vested by Congress
commissions

SIENNA A. FLORES POLITICAL LAW REVIEW