Leg Exec Jud ConCom

LEGISLATIVE DEPARTMENT, EXECUTIVE DEPARTMENT, JUDICIAL DEPARTMENT, CONSTITUTIONAL COMMISSIONS
VIII. THE LEGISLATIVE DEPARTMENT Indirect initiative is the exercise of initiative by the
people through a proposition sent to Congress or local
Legislative power is the power to propose, enact, legislative body for action.
amend and repeal laws. It is vested in the Congress,
except to the extent reserved to the people by the Referendum is the power of the electorate/people to
provisions or initiative and referendum. approve or reject legislation through an election called
for that purposes.
Initiative is the power of the people to propose Classes of Referendum:
amendments to the Constitution or to propose and 1. Referendum on Statutes – petition to approve
enact legislation through an election called for the or reject an act or law, or part thereof, passed
purpose. by Congress.
2. Referendum on Local laws – legal process
System/Classes of initiative: whereby the registered voters of the local
1. Initiative on the Constitution – petition government units may approve, amend or
proposing amendments to the Constitution. reject any ordinance enacted by the
2. Initiative on Statutes – petition proposing to Sanggunian.
enact a national legislation;
3. Initiative on Local Legislation – petition The following cannot be the subject of an initiative or
proposing to enact a regional, provincial, city, referendum petition:
municipal or barangay law, resolution or 1. No petition embracing more than one subject
ordinance. shall be submitted to the electorate; and
2. Statutes involving emergency measures, the
Local Initiative: Not less than: enactment of which is specifically vested in
2,000 registered voters Autonomous regions Congress by the Constitution, cannot be subject
1,000 registered voters Provinces and Cities to referendum until 90 days after their
100 registered voters Municipalities effectivity.
50 registered voters Barangays
May file a petition with the Regional Assembly or local Bicameralism vs. Unicameralism
legislative body, respectively, proposing the adoption, Bicameralism Unicameralism
enactment, repeal, or amendment, of any law, 1 Allows for a body Simplicity of
ordinances or resolution. with a national organization resulting in
perspective to economy and efficiency,
Limitations on Local Initiative: check the parochial facility in pinpointing
1. Power of local initiative shall not be exercised tendency of responsibility for
more than once a year. representatives legislation and avoidance
2. Initiative shall extend only to subjects or elected by district. of duplication.
matters which are within the legal powers of 2 Allows for more
the local legislative bodies to enact; and careful study of
3. If at any time, before the initiative is held, the legislation.
local legislative body should adopt in toto the 3 Makes the
proposition presented, the initiative shall be legislature less
cancelled. susceptible to
control by the
Limitation on Local Legislative Body vis-à-vis Local Executive.
Initiative 4 Serves as training
Any proposition or ordinance approved through an ground for national
initiative and referendum shall not be repealed, leaders.
modified or amended by the Sanggunian within 6
months from the date of approval thereof, and may Houses of Congress
thereafter by a vote of ¾ of all its members Nature: Bicameral – composed of:
1. Senate; and
2. House of Representatives
POLITICAL LAW REVIEW 1

Composition/Qualification/Term of Office: No Senator shall serve for more than two

1. Senate consecutive terms. Voluntary renunciation of
Composition: 24, elected at large by the the office for any length of time shall not be
qualified voters of the Philippines. considered as an interruption in the continuity
Qualifications: of his service for the ful term for which he was
a. Natural-born citizens of the Philippines – elected.
those who are citizens of the Philippines
from birth without having to perform any 2. House of Representatives
act to acquire3 or perfect their Philippine Composition:
citizenship. Not more than 250 members unless otherwise
Note: A natural-born citizen who loses his fixed by law, consisting of:
citizenship by naturalization in another a. District Representatives – elected from
country but later is repatriated recovers his legislative districts apportioned among the
status of being a natural-born citizen and provinces, cities and the Metropolitan
therefore is qualified to be a member of Manila.
Congress. b. Party-list Representatives – shall constitute
b. On the day of the election, is at least thirty- 20% of the total number of the members of
five years of age. the House of Representatives including
The age qualification must be possessed on those under the party-list
the day of the elections, that is, when the
polls are opened and the votes are cast, and District Representatives
not on the day of the proclamation of the Rules of apportionment of legislative districts
winners by the board of canvassers. a. Under the Constitution
c. Able to read and write. Legislative districts shall be made in
d. Registered voter. accordance with the number of respective
e. Resident of the Philippines for not less than inhabitants on the basis of a uniform and
two years immediately preceding the day of progressive ratio.
the election. Each city with not less than 250,000
inhabitants, is entitled to at least one (1)
Residence is defined as the place where one representative.
habitually resides and to which, when he is Each province, irrespective of the number
absent, he has the intention of returning. of inhabitants, is entitled to at least one (1)
representative.
The term “residence” as used in the election Each legislative district must be contiguous,
law is synonymous with “domicile”, which compact and adjacent.
imports not only intention to reside in a fixed Reapportionment of legislative districts by
place but also personal presence in that place Congress within 3 years following the return
coupled with conduct indicative of such of every census.
intention.
Gerrymandering is the formation of one
While “residence is domicile” in election laws, legislative district out of separate territories
“domicile is NOT residence” because domicile for the purpose of favoring a candidate or a
requires the fact of presence coupled with the party. It is not allowed.
intention to remain (animus menendi) or
intention to return when absent (animus Qualifications:
revertendi). District representatives:
1. Natural-born citizen of the Philippines.
Terms of Office: 2. At least twenty-five (25) years of age on the
6 years, commencing at noon on the 30th day of day of the election.
June next following their election. 3. Able to read and write.
4. A registered voter in the district in which he
Term Limit: shall be elected.

5. A resident thereof for a period of not less pertains to the special interest and
than one (1) year immediately preceding concerns of their sector.
the day of the election. a. Marginalized and underrepresented
sectors are as follows: Handicapped,
Party-list Representatives Indigenous cultural communities, Fisher
Qualification: folk, Labor, Overseas Workers, Peasant,
1. Natural-born citizen. Urban poor and Veterans.
2. At least 25 years of age on the day of the b. Sectors that lack “well-defined political
election. In case of the youth sector he constituencies” include: Professionals,
must at least be 25 but not more than 30 Women, Elderly and the Youth.
years old on the day of the election.
3. A registered voter. 5. The rule on nominees and members coming
4. A resident of the Philippines for a period of from the sector they intend to represent
not less than one year immediately applies ONLY to the sectoral parties or
preceding the day of the election organizations. It is enough that a majority
5. Able to read and write of the members of the sectoral parties or
6. Bona fide member of the party or organization must belong to the
organization which he seeks to represent marginalized and underrepresented sector
for at least 90 days preceding the day of the they represent. The same is true for those
election. who lack well-defined political
constituencies.
New Parameters for Party-List Elections: a. The nominees of sectoral parties or
1. Three different groups may participate in organizations must either:
the party-list system: i. belong to their respective sectors;
a. National parties or organizations ii.must have a track record of advocacy
b. Regional parties or organizations and for their respective sectors.
c. Sectoral parties or organizations. b. The nominees of national and regional
parties or organizations must be bona
2. National parties or organizations and fide members of such parties or
regional parties or organizations do NOT organizations.
need to organize along sectoral lines and do
not need to represent any “marginalized 6. National, regional and sectoral parties or
and underrepresented” sector. organizations shall not be disqualified if
some or their nominees are disqualified,
3. Political parties can participate in party-list provided that they have at least one
elections provided they register under the nominee who remains qualified.
party-list system and do Not field
candidates in legislative district elections. Term of Office:
A political party, whether major or not, that 3 years, commencing at noon on the 30th day of
fields candidates in legislative district June next following their election.
elections can participate in party-list
elections only through its sectoral wing that Term limit:
can separately register under the party-list No member of HOR shall serve for more than 3
system. The sectoral wing is by itself an consecutive terms. Voluntary renunciation of
independent sectoral party, and is linked to the office for any length of time shall not be
a political party through a coalition. considered as an interruption in the continuity
of his service for the full term for which he was
4. Purely sectoral parties or organizations may elected.
either be “marginalized and
underrepresented” or lacking in “well- District vs. Party-List Representatives
defined political constituencies.” It is District Party-List
enough that their principal advocacy Representative Representative
As to Election/Selection

Elected according to Elected nationally, with election.

legislative district by party-list organizations As to Effect of Change of Affiliation Prior to
the constituents of garnering at least 2% of Election
such district. all the votes cast for the A change in affiliation A change in affiliation
party-list system within months prior within 6 months prior
entitled to 1 seat, which to election does not to election prohibits the
is increased according prevent a district party-list representative
to proportional representative from from sitting as
representation, but is in running under his representative under
no way to exceed 3 new party. his new party or
seats per organization. organization.
As to Residency Requirement
Must be a resident of No special residency The qualification prescribed to become a
his legislative district requirement in a member of the Congress are continuing
for at least 1 year legislative district. requirements, that is, they must be possessed
immediately before for the entire duration of the member’s
the election incumbency.
As to How Candidate is Voted Upon
Elected personally, Voted upon by party or Elections
i.e. by name organization. It is only 1.Regular – second Monday of May, every three years.
when a party is entitled For the Senate, half of the membership is elected every
to representation that it three years on even date.
designates who will sit
as representative. 2.Special – in case of vacancy in Congress
As to Effect of Change of Affiliation During the No special election will be called if vacancy occurs:
Term a. At least eighteen (18) months before the next
Does not lose seat if If he/she changes party regular election for members of the Senate; or
he/she changes party or affiliation, loses his b. At least (1) year before the next regular election
or affiliation seat, in which case for members of the House of Representatives.
he/she will be
substituted by another The particular Chamber of Congress where vacancy
qualified person in the occurs must pass either a resolution if Congress is in
party/organization session or the Senate President or the Speaker must
based on the list sign a certification, if Congress is not in session
submitted to the a. Declaring the existence of the vacancy; and
COMELEC. b. Calling for a special election to be held within 45 to
As to Manner of Filling Vacancies 90 days from the date of the resolution or certification.
In case of vacancy, a In case of vacancy, a The Senator or Representative elected shall serve only
special election may substitution will be for the unexpired term.
be held provided that made within the party,
the vacancy take based on the list Vacancies
place at least 1 year submitted to the In case of vacancy in the Senate or in the HOR, a special
before the next COMELEC. election MAY be called to full such vacancy in the
election. manner prescribed by law, but the Senator or Member
As to Effect of Losing the Previous Election of the HOR thus elected shall serve only for the
A district A party-list unexpired term.
representative is not representative cannot
prevented from sit if he ran and lost in Legislative Privileges/Parliamentary Immunities
running again as a the previous election. 1. Privilege from arrest
district A Senator or member of the HOR shall, in all
representative if offenses punishable by not more than six years
he/she lost during imprisonment, be privileged for arrest while the
the previous Congress is in session. Whether regular or

special and whether or not the legislator is The reason for the prohibition is to forestall any
actually attending session. Hence, it is not undue influence, deliberately or not, upon the
available while Congress is in recess. body where he is appearing.
Members of Congress are not exempt from b.) Shall not be directly or indirectly, be
detention for crime. They may be arrested, interested financially in any contract with, or in
even when the House is in session, for crimes any franchise or special privilege granted by the
punishable by a penalty of more than six years. Government, or any subdivision, agency, or
instrumentality thereof, including any GOCC, or
2. Privilege of Speech and Debate its subsidiary, during his term of office.
No member shall be questioned nor be held
liable in any other place for any speech or c.) Shall not intervene in any matter before any
debate in the Congress or in any commitment office of the Government of this pecuniary
thereof. benefit or where he may be called upon to act
on account of his office.
Requirement to avail of the privilege of speech
and debate: Sessions
a. That the remarks must be made while the 1.Regular Sessions
legislature or the legislative committee is Convene once every year on the fourth Monday of
session; and July, unless a different date is fixed by law, until 30
b. That they must be made in connection with days before the start of new regular session. The
the discharge of official duties. thirty-day period is the minimum period of recess
and may lengthened by Congress in its discretion. It
Disqualifications and Inhibitions is exclusive of Saturdays, Sundays, and legal
1. Incompatible Office holidays.
No Senator or Member of the House of
Representatives may hold any other office or 2.Special Sessions
employment in the Government, or any subdivision, A special session is one called by the President
agency or instrumentality thereof, including GOCCs while the legislature is in recess.
or their subsidiaries during his term without a.) Called by the President.
forfeiting his seat. b.) To call a special election due to vacancies in the
offices of the President and Vice President at 10
No forfeiture shall take place if the member of o’clock a.m. on the third day after the vacancies.
Congress holds the other government office in an c.) To decide on the disability of the President
ex oficio capacity, e.g. membership in the Judicial because a majority of all the members of the cabinet
and Bar Council. have “disputed” his assertion that he is able to
discharge the powers and duties of his office; and
2.Forbidden Office d.) To revoke or extend the Presidential
Neither shall he be appointed to any office which Proclamation of Martial Law or suspension of the
may have been created or the emoluments thereof writ of habeas corpus.
increased during the term for which he was elected.
Instances When Congress is Voting Separately:
The ban against appointment to the office crated or 1. Choosing the President
the emoluments thereof increased shall however, 2. Determine President’s disability
last only for the duration of the term for which the 3. Confirming nomination of Vice-President.
member of Congress was elected. 4. Declaring existence of a state of war in joint
session and
3.Parliamentary Inhibitions and Disqualifications 5. Proposing Constitutional amendments.
a.) Shall not PERSONALLY appear as counsel
before any court of justice or before the Instances When Congress is Voting Jointly:
Electoral Tribunals, or quasi-judicial and other 1. Revoking or extending proclamation suspending
administrative bodies. the privilege of writ of habeas corpus and

2. Revoking or extending declaration of martial

law. The Electoral Tribunals
Senate Electoral Tribunal (SET) and House of
Quorum and Voting Majorities Representative Electoral Tribunal (HRET).
Quorum Composition:
Majority of each House, but a smaller number may 1. Three (3) Supreme Court Justices designated by the
adjourn form day to day and may compel the Chief Justice; and
attendance of absent Members in such manner and 2. Six (6) members of the Chamber concerned (Senate
under such penalties as such House may determine or HR) chosen on the basis of proportional
representation from political parties and parties
The basis for determining the existence of a quorum in registered under the party-list system. Senior Justice
the Senate shall be the total number of Senators who shall act as Chairman.
are in the country and within the coercive jurisdiction of
the Senate. Security of Tenure of Members:
Membership in the House Electoral Tribunal may not be
Majority of all Members of Congress means majority of terminated except for a just cause, such as, the
the entire composition of Congress regardless of the expiration of the member’s congressional term of
number of members present or absent during the time office, his death, permanent disability, resignation from
the question is brought to the floor as long as there is the political party he represents in the tribunal, formal
quorum i.e. (24/2)+1 for the Senate and (250/2)+1 for affiliation with another political party, or removal for
the HOR. other valid cause. A member may not be expelled by
Majority of the House means ½ + 1 of the actual the House of Representatives for party disloyalty short
membership of the House, who are within the coercive of proof that he has formally affiliated with another
jurisdiction of Congress(within the Philippines). Thus, in political group.
Avelino vs. Cuenco, the S.C. ruled that 12 Senators
constitutes a quorum because there were only 22 Jurisdiction and Power of Electoral Tribunals:
Senators present, while 1 is absent for being in hospital 1. Sole judge of all contests relating to the election,
in the Philippines and another is out of the country – 12 returns and qualification of their respective members.
is majority of 23. Only those who are in the Philippines
are considered in determining quorum. Electoral tribunals have no jurisdiction over pre-
proclamation controversies which come under the
Discipline of Members jurisdiction of the COMELEC.
Each house may determine the rules of proceedings,
punish its Members for disorderly behavior, and with When there has been proclamation and a defeated
the concurrence of 2/3 of all its members, suspend or candidate claims to be the winner, the Electoral
expel a Member. A penalty of suspension, when Tribunal has jurisdiction.
imposed, shall not exceed 60 days.
2. Rule-making power
Enrolled Bill Theory The power of the HRET, as the sole judge of all contests
An enrolled bill is one duly introduced and finally passed relating to the election, returns and qualifications of the
by both House, authenticated by the proper officers of Members of the House of Representatives, to
each, and approved by the President. It is conclusive promulgate rules and regulations relative to matters
upon the courts as regards the tenor of the measure within its jurisdiction including the period for filing
passed by Congress and approved by the President. election protests before it, is beyond dispute, its rule-
making power necessarily flows from the general power
If there has been any mistake in the printing of the bill granted it by the Constitution.
before it was certified by the officers of Congress and
approved by the Executive, on which we cannot Commission on Appointments
speculate, without jeopardizing the principle of Composition:
separation of powers and undermining one of the 12 Senators and 12 representatives, elected by each
cornerstones of our democratic system, the remedy is House on the basis or PROPORTIONAL
by amendment or curative legislation, not by judicial REPRESENTATION from the political parties and parties
decree. and organization registered under the party-list system

represented therein. [(No. of Senators(or ii. On appropriations

Representatives) of a political party/Total No. of The procedure in approving appropriations for
Senators(or Representatives)] x 12 seats) the Congress shall strictly follow the procedure
for approving appropriations for other
Note: Senate President acts as ex-officio chairman. departments and agencies. Prohibition against
Also Chairman shall not vote except in case of a tie. use of public money or property for religious
purpose.
Powers: iii. On taxation
1. Acts on all appointments submitted to it within 30 No law granting any tax exemption shall be
session days of Congress from their submission by passed without the concurrence of a majority of
majority vote of its members all the Members of the Congress
2. Promulgates its own rules of proceedings. All money collected on any tax levied for a
special purpose shall be treated as a special
Powers of Congress fund and paid out for such purpose only.
Classification of Powers: All revenues and assets of non-stock, non-
1. Legislative profit educational institutions used actually,
a. General plenary power directly and exclusively for educational
b. Specific power of appropriation purposes shall be exempt from taxes and
c. Taxation and expropriation duties.
d. Question hour. iv. On constitutional appellate jurisdiction of
Supreme Court.
2. Non-legislative – includes power to: No law shall be passed increasing the
a. Canvass presidential elections appellate jurisdiction of the Supreme Court as
b. Declare the existence of a state of war. provided in the Constitution without its advice
c. Delegation of emergency powers and concurrence.
d. Call special election for President and Vice- v. No law granting title of royalty or nobility
President. shall be passed.
e. Give concurrence to treaties and amnesties. vi. No specific funds shall be appropriated or
f. Propose Constitutional amendments – paid for use or benefit of any religion, sect, etc.,
constituent power. except for priests, etc., assigned to AFP, penal
g. Confirm certain appointments institutions, etc.
h. Impeach
i. Decide the disability of the President in cases b. Implied:
where majority of the Cabinet dispute his i. Prohibition against irrepealable laws.
assertion that he is able to discharge his duties. ii. Non-delegation of powers.
j. Revoke or extend proclamation of suspension
of privilege of writ of habeas corpus or 2. Procedural
declaration of martial law. a.) Only one subject, to be stated in the title of the bill.
k. Power with regard to utilization of natural The title need not be an index of the contents of the
resources. bill, it is enough for the title to be comprehensive
enough to include subjects related to the general
Limitations on the Power of Congress: purpose that the statute seeks to achieve.
1. Substantive b.) Three (3) readings on separate days; printed copies
a. Express: of the bill in its final form distributed to members 3 days
i. Bill of Rights before its passage, except if President certifies to its
No law shall be passed abridging freedom of immediate enactment to meet a public calamity or
speech, of expression etc. emergency; upon its last reading, no amendment
No law shall be made respecting an allowed and the vote thereon taken immediately and
establishment of religion. the yeas and nays entered into the Journal
No law impairing the obligation of contracts c.) Appropriation, revenue and tariff bills, bills
shall be passed. authorizing increase of public debt, bills of local
No ex post facto law or bill of attainder shall application, and private bills shall originate exclusively
be enacted. in the House of Representative.

b.) Congress may not increase the appropriations

Appropriation Bill – One the primary and specific recommended by the President for the operation of the
purpose of which is to authorize the release of funds Government.
from the public treasury. c.) No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically
Revenue Bill – One that levies taxes and raises funds for to some particular appropriation therein.
the government. d.) Form, content and manner of preparation of budget
shall be provided by law.
Tariff Bill – One that specifies the rates or duties to be e.) Prohibition against transfer of appropriations
imposed on imported articles. (doctrine of augmentation); however, the President,
President of the Senate, Speaker of the House, Chief
Bill Authorizing increase of the Public Debt – One which Justice of the Supreme Court, and Heads of
creates public indebtedness such as bill for the issuance Constitutional Commissions may by law, be authorized
of bonds and other forms of obligation. to augment any item in the general appropriations law
for their respective offices from savings in other items
Bill of Local Application – One affecting purely local or of their respective appropriation.
municipal concerns like one creating a city or f.) Discretionary funds appropriated for particular
municipality. officials shall be disbursed only for public purposes.
g.) Automatic re-appropriation – if, by the end of any
Private Bill – One affecting purely private interest, such fiscal year, the Congress shall have failed to pass the
as one granting a franchise. general appropriations bill for the ensuing fiscal year,
the general appropriations law for the preceding fiscal
Power of Appropriation year shall be deemed reenacted and shall remain in
The spending power, called the power of the purse force and effect until the general appropriations bill is
belongs to Congress, subject only to the veto power of passed by the Congress.
the President. It carries with it the power to specify the h.) Art. VI, Sec. 29, par 2 prohibits the expenditure of
project or activity to be funded under the appropriation public money or property for religious purposes.
law. i.) The general appropriation law must be based on the
budget prepared by the President.
Classification of Appropriation Laws
1. General appropriation law – [assed annually Implied Limitation on the Power to Appropriate
intended for the financial operations of the entire 1. The appropriation must be devoted to a public
government during one fiscal period; and purpose.
2. Special appropriation law – designed for a specific 2. The sum authorized to be released must be
purpose. determinate or at least determinable.
Limitations on the Power to Appropriate Presidential Veto

1. Constitutional limitation on SPECIAL appropriation Two kinds:
measures 1. General Veto – If the President disapproves a bill
a.) It must specify the public purpose for which the sum enacted by Congress, he should veto the entire bill. He
is to be intended. is not allowed to veto separate item of a bill.
b.) It must be supported by funds actually available as 2. Item Veto – It is the power of an Executive to veto
certified to by the National Treasurer, or to be raised by separate items of a bill without vetoing the entire bill.
a corresponding revenue proposal included therein. Item-veto is allowed in case of appropriation, revenue
and tariff bills.
2. Constitutional limitation on GENERAL appropriation
law Doctrine Of Inappropriate Provisions – a provision that
a.) All appropriation, revenue or tariff bills authorizing is constitutionally inappropriate for an appropriation bill
increase of the public debt, bills of local application, and may be singled out for veto even if it is not an
private bills shall originate exclusively in the House of appropriation or revenue “item”.
Representative.
Legislative/Congressional Veto

It is a means whereby the legislature can block or used for legislation. Congress oversight
modify the administrative action taken under the functions.
statute. It is a form of legislative control in the As to attendance/compelling power
implementation of particular executive action. Congress can compel the Attendance is
attendance of executive discretionary hence
Power of Legislative Investigation includes: officials Congress cannot compel
1. The power to issue summons and notices. the appearance of
2. The power to punish or declare a person in executive officials if the
contempt. required consent of the
3. The power to determine the rules of its proceedings. President is not obtained
first, or if no such consent
Limitations on the Power of Legislative Investigation is given.
1. It must be in aid of legislation
2. In accordance with duly published rules of IX. THE EXECUTIVE DEPARTMENT
procedures
3. Right of person appearing in, or affected by such Executive Power is the power to enforce and administer
inquiry shall be respected. the laws. It is vested in the President of the Philippines.
Executive Privilege Qualifications of the President and the Vice-President

The power of the Government to withhold information 1. Natural-born citizen of the Philippines
from the public, the courts, and the Congress. 2. At least forty years of age on the day of the election
3. Registered voter
Operational Proximity Test 4. Able to read and write and
Communications which are close enough to the 5. Resident of the Philippines for at least ten (10) years
President to be revelatory of his deliberations or to immediately preceding such election.
pose a risk to the candor of his advisers are covered by
the privilege. Term of Office
The President and the Vice-President shall be elected by
The President, however, has the constitutional the people for six (6) years
authority to prevent a member of the armed forces
from testifying before a legislative inquiry, by virtue of The president shall NOT be eligible for any re-election.
his power as commander-in-chief, and a military officer No person who has succeeded as President and has
who defies such injunction is liable under military served as such for more than four (4) years shall be
justice. qualified for election to the same office at any time.
Right to conduct inquiry in aid of legislation vs. No Vice-President shall serve for more than 2
oversight function consecutive terms. The Vice-President may be
Sec. 21 (Right to Conduct Sec. 22 (Oversight appointed as a Member of the Cabinet. Such
Inquiry in Aid of Function of Congress) appointment requires no confirmation.
Legislation)
As to persons who may appear Election
Any person Department head only a. Regular – Second Monday of May, every six years.
As to who conducts investigation b. Special
Committees Entire body Requisites
As to subject matter 1. Death, permanent disability, removal from
Any matter for the Matters related to the office or resignation of both the President
purpose of legistation. department only. and the Vice President.
As to Purpose 2. Vacancies occur more than eighteen
Congress has the power to Congress has the power to months before the next regular presidential
conduct inquires in aid of question department election
legislation the aim to heads, the objective of 3. A law passed by Congress calling for a
which is to elicit which is to obtain special election to elect a President and
information that may be information in pursuit of Vice President to be held not earlier than 45

days nor later than 60 days from the time of 4. Shall not, directly or indirectly, practice any other
such call. profession, participate in any business, or be financially
interested in any contract with, or in any franchise or
The proclamation of presidential and vice presidential special privilege granted by the government or any
winners is a function of Congress and not of the subdivision, agency, or instrumentality thereof,
COMELEC. including GOCCs of their subsidiaries.
5. Strictly avoid conflict of interest in the conduct of
The function of Congress is not merely ministerial. It their office.
has authority to examine the certificates of canvass for 6. May not appoint spouse or relatives by
authenticity and due execution. For this purpose, consanguinity or affinity within the 4th civil degree of
Congress must pass a law governing their canvassing the President as Members of Constitutional
function. Commissions, or the Office of the Ombudsman, or as
Secretaries, Under Secretaries, chairmen or heads of
In the events of a contest relating to the election, bureaus or offices, including GOCCs and their
returns and qualifications of the President and Vice subsidiaries.
President, the Supreme Court shall be the judge.
Powers of the President
Privileges 1.Executive Power
1.Presidential Immunity President shall have control of all executive
Immunity from suits during incumbency. departments, bureaus and offices. He shall ensure that
The immunity from suit, pertains to the President by laws are faithfully executed
virtue of the office and may be invoked only by the
holder of the office; not by any other person in the 2.Power of Appointment.
President’s behalf. The appointing power is executive in nature. Since
appointment to office is an executive function, the
2.Executive Privilege legislature may not usurp such function. The legislature
Right of the President and high-level executive may create an office and prescribe the qualifications of
branch officials to withhold information from Congress, the person who may hold the office, but it may neither
the Courts, and ultimately, the public. specify who shall be appointed to such office nor actual
appoint him.
Sec.2(a) of E.O. 464, upheld as valid by the Supreme
Court in Ermita, enumerated the following as privileged: Kinds of Presidential Appointments under Section 15:
a. Conversations and correspondence between the a. Appointments made by an Acting President.
President and the public official covered by this b. Midnight appointment – appointment made by a
executive order; president after the election of his successor and up to
b. Military, diplomatic and other national security the end of his term. This type of appointment is
matters which in the interest of national security prohibited by the Constitution.
matters which is the interest of national security should c. Appointments for Partisan Political Consideration.
not be divulged; Those made before the next Presidential election. This
c. Information between inter-government agencies is also prohibited by the Constitution.
prior to the conclusion of treaties and executive d. Regular presidential appointments, with or without
agreements; confirmation by the Commission on Appointments, and
d. Discussion in close-door Cabinet meetings; recess or ad-interim appointments.
e. Matters affecting national security and public order. Note: Ad-interim appointment is a permanent
appointment.
Prohibitions/Inhibitions:
1. No increase in salaries during the term of incumbent Ad interim vs. Regular appointment
tenure. Ad Interim Regular Appointment
2. Shall not receive any other emoluments from the Procedure
government or any other source. It is an appointment made It is an appointment made
3. Shall not hold any other office or employment by the President while by the President while
during their tenure, unless otherwise provided in the Congress is NOT in session Congress is in session.
Constitution. or during recess

Confirmation b. Those whose appointments are not otherwise

Made before confirmation Made after nomination is provided for by law
of COA. confirmed by the COA. c. Those whom he may be authorized by law to
Effectivity appoint; and
Shall cease to be valid if Once confirmed by the d. Those other officers lower in rank whose
disapproved by the COA COA, it continues until the appointment is vested by law in the President alone.
or upon next adjournment end of the term of the
of the Congress. appointee. Power of removal/Disciplinary Power
General Rule:
Termination of Ad interim Appointments: From the express power of appointment, the President
i.Disapproval of the appointment by the COA, or derives the implied power of removal.
ii.Adjournment by the Congress without the COA acting Exception:
on the appointment Those appointed by him where the Constitution
prescribes certain methods for separation from public
When the COA disapproves an ad interim appointment, service.
the appointee can no longer be extended a new
appointment, inasmuch as the disapproval is a final Doctrine of Qualified Political Agency or Alter Ego
decision of COA in the exercise of its checking power on Principle
the appointing authority of the President. Such It postulates that all executive and administrative
disapproval is final and binding on bothe the appointee organizations are adjuncts of the Executive Department,
and the appointing power. the heads of the various executive, and except in cases
where the Chief Executive is required by the
But when an ad interim appointment is by-passed (by- Constitution or law to act in person or the exigencies of
passed appointment) because of lack of time or failure the situation demand that he act personally, the
of the COA to organize, there is no final decision by the multifarious executive and administrative functions of
COA to give or withhold its consent t the appointment. the Chief Executive are performed by and through the
Absent such decision, the President is free to renew the executive departments, and the acts of the Secretaries
ad interim appointment. of such departments performed and promulgated in the
regular course of business are, unless disapproved or
Appointments Requiring the Consent of the Commission reprobated by the Chief Executive, presumptively the
on Appointments acts of the Chief Executive.
a. Heads of executive departments
b. Ambassadors and other public ministers and consuls Pardoning Power/Power of Executive Clemency
c. Officers of the AFP from the rank of colonel or naval The President may extend executive clemency to
captain administrative penalties. The Constitution makes no
d. Officers whose appointments are vested in him by distinction as to the extent of the pardoning power
the Constitution. except with respect to impeachment cases.
Appointments with Prior Recommendation or Reprieves – postpones the execution of an offense to a

Nomination by the Judicial and Bar Council: day certain.
a. Members of the Supreme Court and all lower courts.
b. Ombudsman and his 5 deputies Commutation – is a remission of a part of the
punishment; a substitution of a less penalty for the one
Appointments Requiring Nominations by Multi-Sectoral originally imposed
groups:
a. Regional consultative commission Remission of fines and forfeitures – it merely prevents
b. Party-list representatives before the Party-List Law the collection of fines or confiscated property, it cannot
have the effect of returning property which has been
Appointments without need of Commission on vested in third parties or money in the public treasury.
Appointment Confirmations:
a. Those vested by the Constitution on the President Parole – release from imprisonment, but without full
alone. restoration of liberty as parolee is in the custody of the
law although not in confinement.

expenditures and sources of financing, including

Pardon – act of grace, which exempts an individual on receipts from existing and proposed revenue measure.
whom it is bestowed from punishment which the law
inflicts for a crime he has committed. A pardon is a Other Powers
deed, to the validity of which delivery is essential, and a. Call Congress to a special session
delivery is not complete without acceptance. It can be b. Approve or veto bills
rejected. c. Deport aliens
d. Consent to deputization of government personnel by
Amnesty – commonly denotes a general pardon to COMELEC.
rebels for their treason or other high political offenses, e. Discipline such deputies
or the forgiveness which one sovereign grants to the f. By delegation from Congress, exercise emergency.
subjects of another, who have offended, by some g. Power to classify or reclassify lands
breach, the law of nations.
Conditions for the Exercise of the President of
Amnesty vs. Pardon Emergency Powers:
Amnesty Pardon a. There must be a war or national emergency.
Extent b. There must be a law authorizing the President to
Political Offenses Infraction of exercise emergency powers.
peace/common crimes c. Exercise must be for a limited period.
Coverage d. Must be subject to restrictions that Congress may
Granted to classes of Granted to individuals provide
persons e. Exercise must be necessary and proper to carry out a
Approval of Congress declared national policy
Requires concurrence of Does not require
Congress concurrence of Congress. X. JUDICIAL DEPARTMENT
Nature
Public act to which court Private act which must be Judicial power. It includes the duty of the courts of
may take judicial notice. pleaded and proved. justice to settle actual controversies involving rights
Effectivity which are legally demandable and enforceable, and to
Looks backward and puts Looks forward and relieves determine whether or not there has been a grave abuse
into oblivion the offense the pardonee of the of discretion on the part of any branch or
itself consequence of the offense instrumentality of the Government.
Limitation
Judicial power is vested in:
May be granted even Can be granted only after
1.One Supreme Court, and
before trial. conviction.
2.Such lower courts as may be established by law.
Diplomatic Power
Jurisdiction. Power and authority of a court to hear, try
No treaty or international agreement shall be valid and
and decide a case.
effective unless concurred in by at least 2/3 of all the
Members of the Senate.
Note: Congress shall have the power to define,
prescribe and apportion the jurisdiction of the various
Other foreign affairs powers:
courts but may not deprive the SC of its jurisdiction over
a. The power to make treaties
cases enumerated in Sec.5 Art VIII.
b. The power to appoint ambassadors, other public
ministers, and consuls.
Limitations of Judicial Power
c. The power t receive ambassadors and other public
1.Political Questions
ministers duly accredited to the Philippines.
Those questions which under the Constitutions, are to
d. Deportation power.
be decided by the people in their sovereign capacity or
in regard of which full discretion authority has been
Budgetary Power
delegated to the legislative or executive branch of the
Within 30 days from the opening of every regular
government.
session, President shall submit to Congress a budget of

2.Separation of Powers Legislature. It only asserts the solemn and sacred

The Supreme Court and its members should not and obligation assigned to it by the Constitution to
cannot be required to exercise any power or to perform determine conflicting claims of authority under the
any trust or to assume any duty pertaining to or Constitution and to establish for the parties in an actual
connected with the administering of judicial functions. controversy the rights which that instrument secures
and guarantees to them.
3.It is not the Function of the Judiciary to Give Advisory
Opinions. Requisites of Judicial Review:
The function of the courts is to determine controversies 1. Actual case or controversy – a conflict of legal rights,
between litigants. They do not give advisory opinions. an assertion of opposite legal claims susceptible of
judicial determination;
Declaratory Relief Advisory Opinion General Rule:
Definition Courts will not decide moot and academic
Involves real parties with A response to a legal issue issues.
real conflicting legal posed in the abstract Exceptions:
interest. advance of any actual a. There is grave violation of the Constitution;
case in which it may be b. There is an exceptional character of the
presented. situation and paramount public is involved;
Effectivity c. The constitutional issues raised require
A final judgment and is Binds no one. formulation of controlling principles to
forever binding on the guide the bench, the bar and the public;
parties. and
Nature d. The case is capable of repetition yet evasive
Judicial act Not a judicial act. review.
Judicial Review. It is the power of the courts to test the 2. Proper party must raise the constitutional question
validity of executive and legislative acts in light of their (locus standi – legal standing) – one who has sustained
conformity with the Constitution. This is not an or is in imminent danger of sustaining an injury as a
assertion of superiority by the courts over the other result of the act complained of. (direct injury test)
departments, but merely an expression of the Elements of Standing:
supremacy of the Constitution. a. The petitioner must have personally
suffered some actual or threatened injury
Inferior Courts May Exercise Judicial Review which can be legal, economic, or
Sec.5, par.2, Art VIII of the Constitution prescribes the environmental;
constitutional appellate jurisdiction of the Supreme b. The injury is fairly traceable to the
Court, and implicitly recognizes the authority of the challenged action; and
lower courts to decide questions involving the c. The injury is likely to be redressed by a
constitutionality of laws, treaties, etc. favorable action.
Summary of Rules on the Liberal Approach on Locus
Furthermore, B.P. 129 expressly grants RTCs the Standi:
authority to rule on the conformity of laws and treaties a. For taxpayers, there must be claim of illegal
with the Constitution. However, in all actions assailing disbursement of public funds or that the tax
the validity of a stature, treaty, PD, order or measure is unconstitutional.
proclamation notice to the Solicitor General is b. For voters, there must be showing of
mandatory under ROC, Rule 64, Sec. 3. The purpose of obvious interest in the validity of the
this mandatory notice is to enable the SolGen to decide election law in question.
whether or not his intervention in the action is c. For concerned citizens, there must be a
necessary. To deny the SolGen such notice would be showing that the issues raised are of
tantamount to depriving him of his day in court. transcendental importance which must be
settled.
Doctrine of Judicial Supremacy d. For legislators, there must be a claim that
When the judiciary allocates constitutional boundaries, the official action complained of infringes
it neither asserts superiority nor nullifies an act of the their prerogatives as legislators.

e. Government of the Philippines is a proper The law is either:

party to question the validity of its own 1. Void – If, on its face, it does not enjoy any
laws presumption of validity because it is patently offensive
to the Constitution. It produces no effect, creates no
3. Constitutional question must be raised at the earliest office, and imposes no duty.
opportunity. 2. Voidable – If, on its face, it enjoys the presumption
General Rule: of constitutionality. The law becomes inoperative only
It must be raised in the pleadings. upon the judicial declaration of its invalidity; the
Exceptions: declaration produces no retroactive effect.
a. Criminal cases – at any time at the
discretion of the court. Requisites before a law can be declared partially
b. Civil cases – at any stage of the proceedings unconstitutional:
if necessary for the determination of the 1. The legislature must be willing to retain valid portion
case itself; or at (separability clause);
c. Every case (except where there is 2. The valid portion can stand independently as law.
estoppels)-at any stage if it involves the
jurisdiction of the court. Operative Fact Doctrine. Under this doctrine, the law
recognized as unconstitutional but the effects of the
4. Determination of constitutionality of the statute must unconstitutional law, prior to its declaration on nullity
be necessary to a final determination of the case. may be left undisturbed as a matter of equity and fair
play. In fact, the invocation of the operative fact
Justiciable Question. A definite and concrete dispute doctrine is an admission that the law is
touching on the legal relations of parties having adverse unconstitutional.
legal interest which may be resolved by a court of law
through the application of a law. Appointments to the Judiciary
A. Qualifications of Chief Justice and Associate Justices
Justiciability Requirements: of the SC:
a. That there be an actual controversy between or 1. Natural-born citizen;
among the parties to the dispute; 2. At least 40 years old;
b. That the interests of the parties be adverse; 3. 15 years or more as a judge of a lower court or
c. That the matter in controversy be capable of being has been engaged in the practice of law in the
adjudicated by judicial power; and Philippines for the same period; and
d. That he determination of controversy will result in 4. A person of proven competence, integrity, probity
practical relief to the complainant. and independence.
Political Questions. Those question which, under the B. Qualifications of Presiding Justice and Associate
Constitution, are to be decided by the people in their Justices of the Court of Appeals:
sovereign capacity; or in regard to which full Same qualifications as those provided for justices of the
discretionary authority has been delegated to the Supreme Court.
legislature or executive branches of government.
C. Regional Trial Court Judges:
Functions of Judicial Review 1. Citizen of the Philippines;
1. Checking - invalidation a law or executive act that is 2. At least 35 years old; and
found to be contrary to the Constitution. 3. Has been engaged for at least 10 years in the
2. Legitimating - upholding the validity of the law that practice of law in the Philippines or has held public
results from a mere dismissal of a case challenging the office in the Philippines requiring admission to the
validity of the law. practice of law as an indispensable requisite; and
3. Symbolic - to educate the bench and bar as to the 4. A person of proven competence, integrity, probity
controlling principles and concepts of matters of grave and independence.
public importance for the guidance of and restraint
upon the future. D. Qualification of Metropolitan, Municipal and
Municipal Circuit Trial Court Judges:
Effect of Declaration of Unconstitutionality 1. Citizen of the Philippines;

2. At least 30 years old; Any vacancy shall be filled within 90 days from
3. Has been engaged for at least 5 years in the occurrence thereof.
practice of law in the Philippines or has held public
office in the Philippines requiring admission to the Cases to be Heard and Decided EN BANC
practice of law as an indispensable requisite; and 1. All cases involving the constitutionality of a treaty,
4. A person of proven competence, integrity, probity international or executive agreement or law.
and independence. 2. Cases involving the constitutionality, applications, or
operation of presidential decrees, proclamations orders,
Procedure for Appointment: instructions, ordinances, and other regulation.
1. Appointed by President from among a list of at least 3. Cases heard by a division when the required majority
three (3) nominees prepared by the Judicial and Bar in the division is not obtained.
Council for every vacancy; 4. Cases where the SC modifies or reverses a doctrines
2. Any vacancy in the SC shall be filled within 90 days or principle of law previously laid down either en banc
from occurrence thereof; or in division.
3. For lower courts, President shall issue the 5. Administrative cases where the vote is for the
appointment 90 days from submission of the list. dismissal of a judge of a lower court of otherwise to
discipline such a one.
Tenure of Justices and Judges: 6. Election contest for President and Vice-President.
1. Supreme Court – holds office until they reach 70
years of age or become incapacitated to discharge their When the SC sits en banc, cases are decided by the
duties. May be removed only through impeachment. concurrence of a majority of the Members who actually
2. Lower Courts – hold office during good behavior until took part in the deliberations on the issues in the case
they reach 70 years of age or become incapacitated to and voted thereon, provided there is quorum.
discharge their duties.
Division Cases
Power to Discipline Other cases or matters may be heard either in division
The Supreme Court en banc shall have the power to or en banc as the Rules of Court may provide.
discipline judges of lower courts, or order their
dismissal by a vote of a majority of the Members who Cases or matters heard by a division shall be decided or
actually took part on the issues in the case and voted resolved with the concurrence of a majority of the
thereon. members who actually took part in the deliberations on
the issues in the case and voted thereon, and in no
Decisions of the SC on disciplinary cases en banc is case, without the concurrence of at least 3 such
needed only when the penalty imposed is dismissal of a members. When the required number is not obtained,
judge, disbarment of a lawyer, suspension or either for the case shall be decided en banc.
more than one year, or a fine exceeding 10,000 pesos.
Note: Division decision or resolution is a decision or
The Supreme Court resolution of the SC itself. The SC sitting in en banc is
It is the only constitutional court, all the lower courts NOT an appellate court vis-à-vis its Divisions, and it
being of statutory creation. exercises no appellate jurisdiction over the latter. The
only constraint is that any doctrine or principle of law
Composition and Sessions: laid down by the court, either rendered en banc or in
1 Chief Justice and 14 Associate Justices may sit en banc division, may be overturned or reversed ONLY by the
or in its discretion, in divisions of 3, 5, or 7 members Court sitting en banc.
Primus Inter Pares (First Among Equals) – The Latin Powers of the Supreme Court
Maxim indicates that a person is the most senior of a 1. Exercise original jurisdiction
group of people sharing the same rank or office. The a. Over cases affecting ambassadors, other public
phrase has been used to describe the status, condition ministers and consuls;
or role of the Chief Justice in many supreme courts b. Over petitions for Certiorari, Prohibition,
around the world. Mandamus, Quo warranto, and Habeas Corpus; and

c. Review of the factual basis for the declaration of b. It is well settled that the jurisdiction to try a case
martial law or suspension of the privilege of writ of is to be determined by the law in force at the time of
habeas corpus. the institution of the action, not at the time of the
commission of the offense. Consonant with this
2. Exercise appellate jurisdiction principle, the time of commission is not material to
a. Over final judgments and orders of lower courts in determining which court has jurisdiction.
all cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, Under Bar Matter NO. 209, administrative cases which
presidential decree, proclamation, order, instruction, are to be heard by SC en banc includes only:
ordinance, or regulation is in question; a. Administrative judges;
b. All cases involving the legality of any tax impost, b. Disbarment of lawyers;
assessment, or toll, or any penalty imposed in relation c. Suspension of more than 1 year; or
thereto; d. Fine exceeding 10,000 pesos.
c. All cases in which the jurisdiction of any lower
court is in issue; 9. Contempt Powers
d. All criminal cases in which the penalty imposed is a. Direct contempt, which is summary, is committed
reclusion perpetua or higher; and in the presence of or so near a court as to obstruct or
e. All cases in which only a question of law is interrupt the proceedings before the same, including
involved. disrespect toward the court, offensive personalities
toward others, or refusal to be sworn or to answer as a
3. Electoral Tribunal for Presidential and Vice- witness, or to subscribe an affidavit or deposition when
Presidential Contests Sitting En Banc over all contests lawfully required to do so.
relating to the election, return and qualification of the b. Indirect contempt, on the other hand, is not
President or Vice-President. committed in the presence of the court and can be
punished only after notice and hearing.
4. Temporary Assignments of Judges of lower courts to
others stations as public interest may require. Not to Judicial and Bar Council
exceed 6 months without the consent of the judge Composition:
concerned. 1. Ex-officio chairman
a. Supreme Court Chief Justice
5. Order a Change of Venue or place of trial, to avoid
miscarriage of justice. 2. Ex-officio members
a. Secretary of Justice
6. Rule-Making Power – promulgates rules concerning: b. Representative of Congress
protection and enforcement of constitutional rights;
pleading, practice and procedures in all courts; 3.Regular members
admissions to the practice of law; Integrated Bar of the a. Representative of the IBP;
Philippines, and legal assistance to the underprivileged. b. Professor of Law;
c. Retired member of SC; and
Limitations on Rule Making Power d. Representative of private sector Secretary de
a. Provide a simplified and inexpensive procedure for officio
speedy disposition of cases; e. Clerk of the Supreme Court.
b. Uniform for all courts in the same grade; and
c. Shall not diminish, increase or modify substantive The JBC is composed only of seven members –with
rights. Congress allowed only one representative.
The representative of Congress may either come from
7. Power of Appointment – appoints all officials and the Senate or the HOR.
employees of the Judiciary in accordance with the Civil
Service Law. Appointment
Regular member shall be appointed by the President for
8. Power of Administrative Supervision a four-year term with the consent of the Commission of
a. Administrative supervision over all courts and the Appointment.
personnel thereof.

Powers and Functions: have been made available by the court to the general
1. Recommend appointees to the Judiciary; public.
2. Recommend appointees to the Office of the 6. The principle of comity or inter-departmental
Ombudsman and his 5 deputies; courtesy demands that the highest officials of each
3. May exercise such other functions as may be departments be exempt from the compulsory processes
assigned by the Supreme Court. of the other departments.
7. These privileges belong to the Supreme Court as an
Salaries, Security of Tenure, Non-Judicial Assignment institution, not to any justice or judge in his or her
The salary of the Chief Justice and of the Associate individual capacity. Since the Court is higher than the
Justices of the SC, and of judges of lower court shall be individual justices or judges, no sitting or retired justice
fixed by law. During their continuance in office, their or judge, not even the Chief Justice, may claim
salary shall not be decreased exception without the consent of the Court.
Judicial Privilege. The privilege insulates the Judiciary
from an improper intrusion into the functions of the Internal Rules of the Supreme Court Prohibits the
judicial branch and shields justices, judges, and court Disclosure of:
officials and employees from public scrutiny or the a.) Result of the raffle of cases.
pressure of public opinion that would render impartial b.) Actions taken by the Court on each case included in
decisions. the agenda of the Court’s Session.
c.) Deliberations of the Members in court session on
Judicial Privilege can be Invoked to: cases and matters pending before it. The privilege
1. Deny access to specific portions of the Court’s against disclosure of these kinds of
records to the Members of the House Prosecution Panel information/communication is known as deliberative
and the Senate Impeachment Court. process privilege.
2. To prevent the oral disclosure of specific matters by
the Justices or officials of the Supreme Court before the XI. CONSTITUTIONAL COMMISSIONS
Senate Impeachment Court.
Independent Constitutional Commissions:
Privilege Documents or Communications which are not 1. Civil Service Commission (CSC)
subject to disclosure: 2. Commission of Election (COMELEC); and
1. Court actions such as the result of the raffle or cases 3. Commission on Audit (COA)
and the actions taken by the Court on each case
included in the agenda of the Court’s session on acts Prohibitions and Inhibitions
done material to pending cases, except where a party NO member of a Constitutional Commission shall,
litigant requests information on the result of the raffle during his tenure:
of the case, pursuant to Rule 7 section 3 of the Internal 1. Hold any other office or employment;
Rules of the Supreme Court. 2. Engage in the practice of any profession;
2. Court Deliberations or the deliberations of the 3. Engage in the active management and control of any
Members in court session on cases and matters pending business which in any way may be affected by the
before the Court; functions of his office; and
3. Court records which are “pre-decisional” and 4. Be financially interested, directly or indirectly, in any
“deliberative” in nature, in particular, documents and contract with, or in any franchise or privilege granted by
other communications which are part of or related to the Government, any of its subdivisions, agencies or
the deliberative process, i.e., notes, drafts, research instrumentalities, including government-owned and
papers, internal discussions, internal memoranda, controlled corporations or their subsidiaries.
records of internal deliberations, and similar papers.
4. Confidential information secured by justices, judges, Safeguards that Guarantee Independence of
court officials and employees in the course of their Commissions:
official functions, mentioned in (2) and (3) above, are 1. They are constitutionally created and may not be
privileged even after their term of office. abolished by statute.
5. Records of cases that are still pending for decision 2. Each is expressly described as “independent”;
are privileged materials that cannot be disclosed, 3. Each is conferred certain powers and functions
except only for pleadings, orders and resolutions that which cannot be reduced by statute;

4. The Chairmen and members cannot be removed 3.Commission on Elections

except by impeachment Who: By the aggrieved party.
5. The Chairmen and members are given a fairly long Where: Supreme Court on certiorari under Rule 65.
term of office of 7 years. When: Within 30 days from notice. (ROC, Rule 64, Sec.
6. The terms of office of the chairmen and members of 3)
all these Commissions are staggered in such a was as to
lessen the opportunity for appointment of the majority Note: Judgments and final orders or resolutions of the
of the body by the same President; Commission on Elections and the Commission on Audit
7. The Chairmen and members may not be may be brought by the aggrieved party to the Supreme
reappointed or appointed in an acting or temporary Court on certiorari under Rule 65. A decision, order or
capacity. resolution of a division of the COMELEC must be
8. The salaries of the Chairmen and members are reviewed by the COMELEC en banc via a motion for
relatively high and may not be decreased during their reconsideration before the final en banc decision may
continuance in office; be brought to the Supreme Court on certiorari. The
9. The Commissions enjoy fiscal autonomy; pre-requisite filing of a motion for reconsideration is
10. Commission may promulgate its own procedural mandatory.
rules, provided they do not diminish, increase or modify
substantive rights (though subject to disapproval by the Rules on the Exercise of the COMELEC of its Quasi-
SC); Judicial Powers
11. The Chairmen and members are subject to certain The COMELEC’s exercise of its quasi-judicial power is
disqualifications calculated to strengthen their integrity; subject to Section 3 of Art. IX-C which expressly requires
and that:
12. The Commissions may appoint their own officials 1. All election cases, including pre-proclamation
and employees in accordance with Civil Service Law. controversies, shall be decided by the COMELEC in
division; and
Decisions of the Commissions 2. The motion for reconsideration shall be decided by
Each Commission shall decide by a majority vote of all the COMELEC en banc.
its members any case or matter brought before it within
60days from the date of its submission for decision or General Rule:
resolution. Only decisions en banc may be brought to the Supreme
There is no decision until the draft is signed and Court by certiorari under Rule 65. The Supreme Court
promulgated. Hence, if a Commissioner signs a decision has no power to review on certiorari an interlocutory
but retires before the decision is promulgated, his vote order or even a final resolution issued by a Division of
does not count even if it was he who penned the the COMELEC.
decision.
Exception:
Review of Final Orders, Resolutions and Decisions SC may take cognizance of a petition for certiorari under
Decisions of the Commissions may be brought to the Rule 64 to review an interlocutory order issued by a
Supreme Court on certiorari. Division of the COMELEC on the ground of the issuance
being made without jurisdiction or in excess of
Manner of Review: jurisdiction or with grave abuse of discretion amounting
1.Civil Service Commission to lack or excess of jurisdiction when it does not appear
Who: By the aggrieved party. to be specifically provided under the COMELEC Rules of
Where: Court of Appeals under Rule 43. Procedure that the matter is one that the COMELEC en
When: Within 15 days from notice. (ROC, Rule 43, Sec. banc may sit and consider, or a Division is not
4) authorized to act, or the members of the Division
unanimously vote to refer to the COMELEC en banc. Of
2.Commission on Audit necessity, the aggrieved party can directly resort to the
Who: By the aggrieved party. Court because the COMELEC en banc is not the proper
Where: Supreme Court on certiorari under Rule 65. forum in which the matter concerning the assailed
When: Within 30 days from notice. (ROC, Rule 64, Sec. interlocutory order can be reviewed.
3)
Civil Service Commission

Composition: a. Entrance based on merit and fitness to be

1. One (1) Chairman; and determined as far as practicable by competitive
2. Two (2) Commissioners examinations, or based on highly technical
qualifications;
Qualifications of Members: b. Opportunity for advancement to higher career
1. Natural-born citizen; positions; and
2. At least 35 years old at the time of appointment; c. Security of tenure.
3. With proven capacity for public administration; and Note: NO officer or employee in the Civil Service shall
4. Not a candidate for any election immediately be suspended or dismissed except for cause as provided
preceding their appointment. by law and after due process. Nevertheless, the right to
security of tenure is not tantamount to immunity from
Appointment and Term: dismissal.
Appointed by the President with the consent of the
Commission on Appointments. 2. Non-Career Service is characterized by:
Seven (7) years without reappointment. The a. Entrance on bases other than those of usual tests
prohibition of reappointment applies even if the of merit and fitness utilized for the career service; and
Commissioner has served for less than seven years. b. Tenure which is limited to a period specified by
Appointment to any vacancy shall be only for the law, or which is co-terminus with that of the appointing
unexpired term of the predecessor. In no case shall any authority or subject to his pleasure, or which is limited
member be appointed or designated in a temporary or to the duration of a particular project for which purpose
acting capacity. employment was made.
Scope of the Civil Service Non-career Service includes:

Embraces all branches, subdivisions instrumentalities a. Elective Officials and their personal or confidential
and agencies of the Government including government- staff;
owned and controlled corporations with original b. Department heads and other officials of Cabinet rank
charters. who holds position at the pleasure of the President and
their personal or confidential staff;
Disqualifications: c. Chairman and members of commissions and boards
1. No candidate who has lost in any election shall with fixed terms of office and their personal or
within 1 year after such election, be appointed to any confidential staff;
office in the Government of any GOCC or in any of their d. Contractual personnel; and
subsidiaries. e. Emergency and seasonal personnel.
2. No elective official shall be eligible for appointment
or designation in any capacity to any public office or Competitive Positions
position during his tenure. Appointments shall be made only according to merit
Exceptions: and fitness to be determined, as far as practicable, by
a. Vice-President may be appointed member of the competitive examination.
Cabinet. Exceptions: (non-competitive positions)
b. Member of Congress is designated to sit in the 1. Policy determining position – one charged with the
Judicial and Bar Council laying down of principal rules, i.e. head of department.
3. Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall hold 2. Primarily confidential position – proximity rule; one
any other office or employment in the Government or which denotes close intimacy which ensures freedom of
any subdivision , agency or instrumentality. intercourse without embarrassment or freedom from
4. No officer or employee in the civil service shall misgivings or betrayals or personal trust or confidential
engage, directly or indirectly, in any electioneering or matters of state; or one declared to be so by President
partisan political activity. upon recommendation of the CSC.
Classification of Positions Based on Revised 3. Highly technical position – requires technical skill or
Administrative Code of 1987: training in the superior degree
1. Career Service is characterized by:
Security of Tenure

No officer or employee of the CSC shall be removed or previous appointment was confirmed by the
suspended except for cause provided by law. Commission on Appointments. Furthermore, the total
term of both appointments must not exceed the 7 year
Note: Officials and employees holding primarily limit.
confidential positions continue only for so long as
confidence in them endures. The termination of their Constitutional Powers and Functions:
official relation can be justified on the ground of loss of 1. Enforce and administer all laws and regulations
confidence because in that case cessation from office relative to the conduct of an election, plebiscite,
involves no removal but he expiration of the term of initiative, referendum or recall;
office. 2. Exclusive original jurisdiction over all contests
relating to the election, returns and qualifications of all
Self-organization elective regional, provincial and city officials. Exclusive
The right to self-organization shall not be denied to appellate jurisdiction over all contests involving elective
government employees. But employees in the civil municipal; officials decided by RTC, or involving elective
service may not resort to strikes, walkouts and other barangay officials decided by the MTC. Decisions, final
temporary work stoppages, like workers in the private orders, or rulings of the Commission on Elections
sector to pressure the government to accede to their contests involving elective municipal and barangay
demands. offices shall be final, executory and unappealable;
3. Decide, save those involving the right to vote, all
Prohibition against Additional and Double questions affecting elections, including determination
Compensation of the number and location of polling places,
appointment of election officials and inspectors, and
No elective or appointive public officer or employee registration of voters.
shall receive additional, double, or indirect 4. Deputize with the concurrence of the President, law
compensation, unless specifically authorized by law, nor enforcement agencies and instrumentalities for the
accept without the consent of the Congress, any exclusive purpose of ensuring free, orderly, honest,
present, emolument, office, or title of any kind from any peaceful and credible elections;
foreign government. Pensions or gratuities shall not be 5. Register, after sufficient publication, political parties,
considered as additional, double, or indirect organizations or coalitions which must present their
compensation. platform or program of government;
6. File, upon a verified complaint, or on its own
Commission on Elections initiative, petitions in court for the inclusion or
Composition: exclusion of voters; investigate and, where appropriate,
1. One (1) Chairman and prosecute cases of violations of elective laws;
2. Six (6) Commissioners. 7. Recommend to Congress effective measures to
minimize election spending, including limitation of
Qualifications: places where propaganda materials shall be posted, and
1. Natural-born citizen; to prevent and penalize all forms of election frauds,
2. At least 35 years old at the time of appointment; offenses, malpractices, and nuisance candidates.
3. College degree holder; 8. Recommend to the President the removal of any
4. Not a candidate in election immediately preceding officer or employee it has deputized, or the imposition
the appointment; and of any other disciplinary action, for violation or
5. Majority, including the chairman, must be members disregard of, or disobedience to its directive, order, or
of the Philippine Bar who have been engaged in the decision; and
practice of law for at least 10 years. 9. Submit to the President and Congress a
comprehensive report on the conduct of each election,
Appointment and Term: plebiscite, initiative, referendum or recall.
Appointed by the President with the consent of the
Commission of Appointment for a term of 7 years Commission on Audit
without reappointment. Composition:
If however, the appointment was ad interim, a 1. One (1) Chairman; and
subsequent renewal of the appointment does not 2. Two (2) Commissioners.
violate the prohibition on reappointments because no

Qualifications: Jurisdiction of the Commission

1. Natural-born citizen; No law shall be passed exempting any entity of the
2. At least 35 years old at the time of appointment; Government, or any investment of public funds, from
3. CPAs with at least 10 years auditing experience or the jurisdiction of the Commission on Audit.
members of the Bar with at least 10 years of experience
in the practice of law; at no time shall all members Jurisdiction over GOCCs
belong to the same profession; and The Constitution vests in the COA audit jurisdiction over
4. Not a candidate in any election immediately “government-owned and controlled corporations with
preceding appointment. original charters,” as well as “government-owned or
controlled corporations without original charters”.
Appointment and Term: GOCCs with original charters are subject to COA pre-
Appointed by the President with the consent of the audit. While GOCCs without original charters are
Commission of Appointments for a term of seven (7) subject to COA post-audit. The determining factor of
years without reappointment. Appointment to any COA’s audit jurisdiction is government ownership or
vacancy shall be only for the unexpired portion of the control of the corporation.
term of the predecessor. In no case shall any member
be appointed or designated in a temporary or acting
capacity.
Powers and Duties of COA:

1. To examine and audit all forms of government
revenue;
2. To examine and audit all forms of government
expenditures;
3. To settle government accounts;
4. To define the scope and techniques for its own
auditing procedures;
5. To promulgate accounting and auditing rules
“including those for the prevention and
disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures; and
6. To decide administrative cases involving
expenditures of public funds.
Note: The COA can decide money claims based on law.

But if a money claim is denied by law, COA has no
authority to pass judgment on the constitutionality of
the law.
COA has post-auditing authority over:

1. Constitutional bodies, commissions and offices that
have been granted fiscal autonomy under the
Constitution;
2. Autonomous SUCs;
3. Other GOCCs and their subsidiaries; and
4. Non-government entities receiving subsidy or equity,
directly or indirectly from or through the government
which are required by law or by the granting institution
to submit to such audit as a condition of subsidy or
equity.


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LEGISLATIVE DEPARTMENT, EXECUTIVE DEPARTMENT, JUDICIAL DEPARTMENT, CONSTITUTIONAL COMMISSIONS

POLITICAL LAW REVIEW 1

Composition/Qualification/Term of Office: No Senator shall serve for more than two

POLITICAL LAW REVIEW 2

POLITICAL LAW REVIEW 3

Elected according to Elected nationally, with election.

POLITICAL LAW REVIEW 4

POLITICAL LAW REVIEW 5

2. Revoking or extending declaration of martial

POLITICAL LAW REVIEW 6

represented therein. [(No. of Senators(or ii. On appropriations

POLITICAL LAW REVIEW 7

b.) Congress may not increase the appropriations

Limitations on the Power to Appropriate Presidential Veto

POLITICAL LAW REVIEW 8

Executive Privilege Qualifications of the President and the Vice-President

POLITICAL LAW REVIEW 9

POLITICAL LAW REVIEW 10

Confirmation b. Those whose appointments are not otherwise

Appointments with Prior Recommendation or Reprieves – postpones the execution of an offense to a

POLITICAL LAW REVIEW 11

expenditures and sources of financing, including

POLITICAL LAW REVIEW 12

2.Separation of Powers Legislature. It only asserts the solemn and sacred

POLITICAL LAW REVIEW 13

e. Government of the Philippines is a proper The law is either:

POLITICAL LAW REVIEW 14

POLITICAL LAW REVIEW 15

POLITICAL LAW REVIEW 16

POLITICAL LAW REVIEW 17

4. The Chairmen and members cannot be removed 3.Commission on Elections

POLITICAL LAW REVIEW 18

Composition: a. Entrance based on merit and fitness to be

Scope of the Civil Service Non-career Service includes:

POLITICAL LAW REVIEW 19

POLITICAL LAW REVIEW 20

Qualifications: Jurisdiction of the Commission

Powers and Duties of COA:

Note: The COA can decide money claims based on law.

COA has post-auditing authority over:

POLITICAL LAW REVIEW 21

POLITICAL LAW REVIEW 22

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