(5) Recognition - The territory that is called a state should be recognized by other states and

all existing international organizations. The international recognition prevents the breaking out of
wars, violation of boundaries, and other interference in the life of the state. It is an act which
gives a state an international status. (Definite Territory, Government. Capacity to enter into
relations with other States

Exercises:
1. Differentiate the concept of nation from state.
2. Enumerate and define the essential elements of state
3. Distinguish state from nation and government.
4. What are the three inherent powers of the state.
5. Define Government and discuss the elements of governance

Lesson 3 Understanding the Fundamental Law

Learning Objectives:

When you finish this lesson, you will be able to do the following:
1. Define constitution
2. Identify the different types of constitution
3. Determine the origin and sources of the Philippine constitution
4. Discuss the characteristics of a good written constitution
5. Describe the 1987 Philippine Constitution and its parts

Introduction

A constitution is a set of fundamental principles or established precedents according to which

a state or other organization is governed.] These rules together make up, i.e. constitute, what
the entity is. When these principles are written down into a single collection or set of legal
documents, those documents may be said to comprise a written constitution.
Constitutions concern different levels of organizations, from sovereign states to companies and
unincorporated associations. A treaty which establishes an international organization is also its
constitution in that it would define how that organization is constituted. Within states,
whether sovereign or federated, a constitution defines the principles upon which the state is
based, the procedure in which laws are made and by whom. Some constitutions, especially
written constitutions, also act as limiters of state power by establishing lines which a state's
rulers cannot cross such as fundamental rights.

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Constitution defined
That body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised (Cooley, Constitutional Limitations).

Classified according to:

(1) origin and history
a. Conventional (Enacted) or Cumulative (evolved)
A conventional constitution is an enacted constitution, formally struck off at a definite
time and place following a conscious or deliberate effort taken by a constituent body or
ruler while cumulative or evolved constitution is the result of political evolution, not
inaugurated at any specific time but changing by accretion rather than by any systematic
method (Cruz, Constitutional Law)

(2) form
a.. Written or unwritten
b. written constitution is embodied in one document or set of documents while an
unwritten constitution consists of rules which have not been integrated into a single,
concrete form but are scattered in various sources (Cruz, Constitutional Law)

(3) manner of amendment

a.Rigid (Inelastic) or flexible(elastic)
A rigid constitution is one that can be amended only by a formal and usually difficult
process while a flexible constitution can be changed by ordinary legislation (Cruz,
Constitutional Law)

Constitution of the Philippines defined

That written instrument enacted by direct action of the people by which the fundamental powers
of the government are established, limited and defined, and by which those powers are
distributed among the several departments for their safe and useful exercise for the benefit of
the body politic (Malcolm, Philippine Constitutional Law).
The 1987 Philippine Constitution may be classified as conventional or enacted, written and rigid
or inelastic.

Qualities of a Good Written Constitution

A good written constitution must be :
1. Brief - It must focus on basic principles leaving details for the legislature to supply.

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 2. Broad- It must be comprehensive to provide for the organization of the entire
government, cover all persons and things within the territory of the State. It must also
cover any future contingencies.
3. Definite- It must prevent any vagueness or ambiguity in its provisions which may cause
incalculable harm.

BRIEF HISTORY OF THE PHILIPPINE CONSTITUTION

Malolos Constitution
The Malolos Constitution was adopted by the Revolutionary Congress, held during October and
November 1898 in the village of Barasoain near the city of Malolos. It took effect on Jan. 21,
1899. The constitution assigned to the legislative body, a unicameral national assembly, full
control over the executive power (a president elected by the national assembly) and the judicial
system. The constitution provided for universal and direct elections, the separation of church
and state, compulsory and free education, and equal legal status for the languages of all the
Philippine nationalities. It precisely delimited the rights of citizens. (Guber, 1961)

Organic Acts
Philippine Bill of 1902 created a bicameral legislature composed of the Philippine Assembly
and the Philippine Commission

Jones Law Otherwise known as the Philippine Autonomy Act which authorized the
establishment of the Commonwealth of the Philippines

Tydings-Mcduffie Act Also referred as the Philippine Independence Act authorized the drafting
of a Constitution for the Philippines, the establishment of a Commonwealth Government and,
after 10 years, independence. (Nachura, Outline/Reviewer in Political Law)

1935 Constitution
The 1935 Constitution of the Philippines served as the fundamental law of the land from 1935 to
1972. It establishes the Commonwealth of the Philippines and provides that upon withdrawal of
American sovereignty in the country and the declaration of Philippine independence, said
commonwealth shall be known as the Republic of the Philippines. The Constitution enumerates
the composition, powers and duties of the three branches of government (the Executive,
Legislative and Judicial), creates the General Auditing Office, and lays down the framework in
the establishment of the civil service in the country. The Constitution vests the President with
the veto power on legislative bills and emergency powers in times of war and other national
emergencies. Also, the Constitution adopts the Regalian Doctrine or the Principle of State
ownership for all its natural wealth and provides for the proper utilization of such wealth by its
citizens. (Javier and Nera, Filipiniana.net)

1973 Constitution

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The 1973 Constitution as amended, consists of a preamble and 17 articles, contains three
essential parts: Part I) constitution on liberty in Articles II, III, IV, and VI; Part 2) constitution on
government, which contains provisions on the organization and powers of the government (Arts.
VII to XII); and Part 3) the constitution on sovereignty, which enumerates the manner by which
changes in the constitution may be instituted (Art. XVI). The Constitution provides for a
[seemingly] parliamentary form of government, where the President is the symbolic head of
state and the Prime Minister is the head of government. The Prime Minister, who is nominated
by the President, acts as head of the Cabinet. Legislative power is vested in the Batasang
Pambansa. It also provides for the establishment of the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.

On 22 September 1976, Pres. Ferdinand Marcos issued Presidential Decree No. 1033 which
proposed certain amendments to the 1973 Constitution. These proposals were later ratified and
included in the 1973 Constitution. The amendments provide for the replacement of the National
Assembly with the Batasang Pambansa; it also states that the incumbent President of the
Philippines shall be the Prime Minister, and shall continue to exercise both executive and
legislative powers until Martial Law is lifted. (Vera, Filipiniana.net)

1987 Constitution
Pres. Corazon C. Aquino through Proclamation No. 9, issued on 23 April 1986, order the
convening of a Constitutional Commission to draft a constitution that will replace the 1973
Constitution. The members of the Constitutional Commission (ConCom) were appointed on 26
May 1986 and on 2 June, the ConCom, headed by Cecilia Muñoz-Palma, commenced its
sessions at the Batasang Pambansa in Quezon City. The ConCom completed their task on 12
October 1986 and presented the draft constitution to Pres. Aquino on October 15. After a period
of nationwide information campaign, a plebiscite for its ratification was held on 2 February 1987.
An overwhelming 17,059,495 voted to ratify the constitution while 5,058,714 voted against it. On
11 February 1987, the New Constitution was proclaimed ratified and in effect. On that same
day, President Aquino, the other government officials, and the military pledged allegiance to the
New Constitution. (Javier, Filipiniana.net)

Changing the Constitution

Changes in the constitution can be classified as (1) amendment or (2) revision
Amendment refers to a change that adds, reduces, deletes, without altering the basic
principles involved. It affects only the specific provision being amended. (Lambino v.
COMELEC, 25 October 2006)
Revision implies change that alters a basic principle or substantial entirety of the
Constitution. It affects several provisions in the Constitution. (Lambino v. COMELEC, 25
October 2006)

Steps in the amendatory process include:

1. Proposal (Section 1-3, Article XVII): The adoption of the suggested change in the constitution. A
proposed amendment may come from:

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 a. Constituent Assembly: Congress by a vote of ¾ of all its members
b. Constitutional Convention: may be called into existence by 2/3 vote of all the
members of Congress or, by the people in a plebiscite (Section 3, Article XVII)
c. People’s Initiative: requires a petition of at least 12% of the total number of
registered voters with each legislative district represented by at least 3% of the
registered voters therein.

Limitations: No amendment in this manner shall be authorized within five years

following the ratification of the 1987 Philippine Constitution nor more often than once
every five years thereafter. People initiative applies only to an amendment and not a
revision of the Constitution.

2. Ratification: Proposed amendment shall become part of the Constitution if ratified by a

majority of the votes cast in a plebiscite held not earlier than 60 days nor later than 90 days
after the approval of the proposal by Congress or the Constitutional Convention, or after the
certification by the Commission on Elections of the sufficiency of the petition for initiative
under Section 2, Article XVII (Section 4, Article XVII)

Essential Parts of a Good Written Constitution

A good written constitution should contain at least 3 essential parts as follows:
1. Constitution of Government
provisions dealing with the framework of the government, enumerating its powers, laying down
certain rules relative to its administration and defining the electorate (e.g.: Article VI, VII, VII and
XI etc.)
2. Constitution of Liberty
prescriptions setting forth the fundamental rights of the people and limiting the powers of the
government as a means of securing the enjoyment of these rights. (e.g.: Article III etc.)

3. Constitution of Sovereignty
series of provisions pointing out the mode or procedure for amending or revising the constitution
(e.g.: Article XVII).

Exercises:
1. Define the Philippine Constitution.
2. Discuss the advantages and disadvantages of a written, conventional and inelastic
constitution
3. Discuss the brief history of the Philippine Constitution.
4. Discuss the Regalian Doctrine
5. Give examples of constitutional provisions on government, sovereignty and liberty

LESSON 4 THE PHILIPPINE GOVERNMENT

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 Learning Objectives:
When you finish this lesson, you will be able to do the following:

1. Describe the structure of the Philippine Government

2. Enumerate the three branches of the Philippine Government, and
understand their functions.
3. Differentiate their powers
4. Realize the importance of the powers and functions of the different branches,
departments, and other government instrumentalities.
5. Analyze the effectiveness and efficiency of the carrying out of the functions by
the government.

Section 1, Article II of the Constitution of the Republic of the Philippines declares that the country is
a democratic and republican state and that all government authority emanates from the people.
There are three co-equal branches of the government established by the Constitution,
the legislative, executive, and judicial

illus.

To maintain this balance, each department operate under the doctrine of separation of
powers and a system of checks and balances.
Separation of powers

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Each department of the government has exclusive cognizance of the matters within its jurisdiction,
and is supreme within its own sphere. But it does not follow from the fact that the three powers
are to be kept separate and distinct that the Constitution intended them to be absolutely
unrestrained and independent of each other.
Checks and balance
Under the system of checks and balances, one department is given certain powers by which it may
definitely restrain the others from exceeding constitutional authority. may object or resist any
encroachment upon its authority, or it may question, if necessary any act which unlawfully
interferes its sphere of jurisdiction and authority (Suarez 2005)

LEGISLATIVE BRANCH (Article VI)

Introduction
As expressly provided for by Setion 1,Article VI of the Constitution, legislative Power shall
be vested in the Congress of the Phillipines, which shall consist of a Senate and a
House of Representatives, except, to the extent reserved to the people by the the
provision on initiative and referendum.

Initiative – is the power of the people to proposed bills and laws, and to enact or reject them at
the pollsindependent of legislative body(Black’s law dictionary,p.9223)
Referendum – is a method of submitting an important legislative measures to a diret vote of the
people (Black’s law dictionary,p.9223)

Legislative power - is the power of congress to make, alter, or repeal laws

Power to make law -
(e.g.Congress passed RA7659 defining the act of acquiring ill-gotten wealth in the amt. of P75
million as a crime of plunder & imposing the penalty of life imprisonment.)
Power to Alter law-
(e.g.Congress passed RA7659 & amended RA7080 by reducing the amt. of P75M to P50M;
by increasing the penalty from life imprisonment to death penalty; RA.9346 an act prohibiting the
imposition of death penalty in the Phil. (June 24, 2006)
Power to repeal law-
(e.g.Congress in the exercise of power enacted RA8368 (squatting is no longer a crime
)repealing PD 772(squatting is a crime).

Note: e.g. – latin phrase ëxempli gratia meaning “for example”

Classification of Powers of Congress

1. Legislative - General legislative power [e.g appropriation, taxation, expropriation]

2. Non-legislative- specific power [e.g. declare existence of war, to impeach]
3. Implied Power – are those powers essential or necessary to the effective exercise of the
powers expressly granted
4. Inherent Power – are the powers which are possessed and can be exercised by every
govt. because they exist as an attribute of sovereignty.

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In parliamentary systems of government, the legislature is formally supreme and
appoints a member from its house as the prime minister which acts as the executive.
In a presidential system, according to the separation of powers doctrine, the legislature is
considered an independent and coequal branch of government along with both the judiciary and
the executive.

The primary components of a legislature are one or more chambers or houses; assemblies that
can debate and vote upon bills. A legislature with only one house is called unicameral, while a
bicameral legislature possesses two separate chambers, usually described as an upper house
and a lower house,

Philippine Legislature (Congress of the Philippines)

SENATE (Upper House)

Composition
Twenty-four (24) senators elected at large. (Sec. 2, Article VI)
Qualifications. (See Illus. below Section 3, Article VI)

Term of Office
Six years, commencing at noon on the 30th day of the next following their election provided that
no Senator shall serve for more than two consecutive terms. Voluntary renunciation of office for
any length of time shall not be considered an interruption in the continuity of his service for the
full term for which elected (Section 4, Article VI).

HOUSE OF REPRESENTATIVES (Lower House).

Composition
Not more than 250 members, unless otherwise provided by law, consists of:
1. District representatives elected from legislative districts apportioned among the
provinces, cities and the Metropolitan Manila area. (Section 5, Article VI)

2. Party-list representatives who shall constitute twenty per centum of the total number of
representatives elected through the party-list system. (Section 5, Article VI) (selection or
election from the labor, peasant, urban poor, indigenous cultural communities, women, youth,
and other sectors as may be provided by law, except the religious sector)

Qualifications / Term of Office (See Illus.below,Sec.6)

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A representative shall serve for three years, commencing at noon on the 30th day of June next
following their elections provided no representative shall serve for more than three consecutive
terms. (Section 7, Article VI)

Illus. (Sec.3 to Sec.7,Art.VI)

CONGRESS AGE CITIZENSHIP EDUCATION RESIDENCY TERM OF

Of the OFFICE
Philippines

Senate 35 yrs. Of Natural born Able to read Not less than 6 yrs.
(Upper age on the citizen & write 2yrs.immediately Disqualified to
chamber) day of Preceding the serve for more
election day of the than 2
(24 Senators) (Sec.3, election consecutive
Art.VI) terms
(sec.4 Art.VI)

-same- -same--
House of 25 yrs.of Resident of the Not more than
Representative age on the district where he 3 consecutive
/Party List day of intends to be terms
election elected of a
(Lower period of not less (Sec. 7 Art.VI)
Chamber) (Sec.6, than 1 yr.
250 members Art.VI)
or as (Registered voter
prescribed by in the district in
law) w/c he shall be
elected, except
for a party list
representative)

Regular election - 2nd Monday of May (Sec. 8)

Vacancy in the Senate or in the House of Representative (Sec. 9)

A Special election may be called to fill such vacancy in the manner prescribed by law
(shall serve only for the unexpired) term)

Salaries of Senators & members of the House of Representatives (Sec. 10)

o Determined by law
o No increase in compensation shall take effect until after the expiration
of the full term

Privileges of Members (Sec. 11, Article VI)

• Freedom from arrest A Senator or Member of the House of Representatives shall, in all
offenses punishable by not more than six years of imprisonment, be privileged from
arrest while Congress is in session. The purpose of the privilege from arrest is to enable
members of the Congress to attend session of Congress and discharge their duties

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 adequately without any stigma of fear and to ensure representations of their constituents
unmolested. Otherwise, the people will be deprived of their voices in the hall of
Congress.

• Privilege of speech and debate No member shall be questioned nor be liable in any
other place for any speech and debate in Congress or in any committee thereof. This
refer to utterances made in the performance of his official functions while the Congress
is in session (e.g. speeches delivered, statements made, or votes cast in the Hall of
Congress)

Note: “While in session” refer to a situation where the Congress has not adjourned, whether or
not the member of the Congress is attending the session.

Immunity cannot be invoked when:

• The offense is punishable by more than six (6) years imprisonment.
• The offense was committed while Congress is no longer in session.

Disclosure of financial interest (Sec.12)

In case a member a member of Congress withholds or hide any information of his interest he
may be Disciplined, Suspended, or Expelled by the chamber where he belongs. This rule
applies even to new business interest.

Disqualification of members of Congress - to hold any other office or employment in

the Government or any subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporation or their subsidiaries during his tenure without forfeiting his seat.
(Sec. 13)

Two Classes of Office

• Incompatible office – Any kind of office or employment in the Government or
any subdivision, agency, or instrumentality thereof, including government-owned
or controlled corporation or their subsidiaries during his tenure.
-Any office or employment created while he was a member of the Congress,
during his actual incumbency.

• Forbidden Office - Any office created of which the emoluments have been
increase while he was a member of the Congress

Prohibitions/Disqualifications on the Members of Congress (Sec. 14)

1. Appearance as counsel before any court of justice
2. Financial interest in any contract in the government
3. Financial interest in any special privilege granted by the
government
4. Intervene in certain matter

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Sessions of Congress

1. Regular session – once every year on the 4th Monday of July

2. Special session _ called by the President when Congress is in recess

*Executive sessions – secret meetings of Congress or any of its committees, held if the
issue involves national security

Election of Officers of Congress by a majority vote of all its respective members.

(Sec.16)
1 Election of : Senate President , and Speaker of the House of Representatives
Each House Choose shall choose such other officers as it may deem necessary

Senate President & Speaker of the House of Representatives do not have a fixed term
(Pro Tempore position) and may be replaced at any time at the pleasure of a majority of
all its members at their respective chamber.
2 A majority of each House shall constitute a Quorum to do business, buta
smaller number may adjourn from day to day and may complel the
attendance of absent Members in such manner, and under such penalties ,
as such House may provide.

Quorum - any number sufficient to transact business

(1/2 + 1 of the members of a body) majority of the body

*suspended members
*Members outside of the Philippines not counted

Absence of Quorum
• Adjourn from day to day
• Compel attendance of absent members
• Issue orders of arrest of the absent members
• Choose an acting Senate President/Speaker of the house of representatives as an
emergency measure

3 Each House may determine the rules of its proceedings .

• Punish Members for disorderly behaviour w/ concurrence of two-
thirds of all its members
• Suspend or expel a Member (penalty of suspension shall not exceed
sixty days)

4 Each House shall keep Journal of its proceedings and from time to time publish
the same.
excepting such parts that affect national security; and the yeas & nays on any question
shall at the request of 1/5of the Members present, be entered in the Journal

5 Adjournment by either House without consent of the other

Cannot adjourn for a longer period. Without this rule a House can delay or hold up the
work of legislation.

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Electoral Tribunal in each House (Sec. 17)
- Which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members,

Composition – 9 members - 3 Justices of the Supreme Court

(designated by the Chief Justice)
-6 Members of the Senate or the House of Representatives

Commission on Appointments in Congress (Sec. 18)

Composed of 25 members – The President of the Senate as ex officio chairman

12 Senators & 12 members of the House of Representatives

Power or function - to approve or disapprove appointments submitted to it by the

President. It must act on all such appointments, by a majority vote of all the members,
within 30 session days of Congress from their submission.

Constitution of the Electoral Tribunal and the Commission on Appointments

(Sec.19) – Shall be constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the President and the Speaker.
The Commission on Appointments shall meet only while the Congress is in session, at the call
of its Chairman or a majority of all its Members, to discharge such powers and functions as are
herein conferred upon it.

Note: ex officio- is latin phrase which means “from the Office”; literally by virtue of one’s office

POWERS of the Legislature:

LEGISLATIVE POWER It is the power conferred by the Constitution

to propose, enact, amend and repeal laws.

Passage of a Bill (Sec. 26)

• The Member of the House prepares and drafts the bill, or the Bill Drafting Division of the
Reference and Research Bureau does the same upon the member’s request. Bills and
proposed resolutions are required to be signed by their author or authors.
• First reading The bill is filed with the Bills and Index Service and the same is numbered
and reproduced. Three days after the filing, the same is included in the Order of
Business for First Reading. On First Reading, the Secretary General reads the title and
number of the bill. The Speaker then refers the bill to the appropriate committee/s.
• Committee consideration or action The Committee to which the bill was referred is
tasked to evaluate and determine the necessity of conducting public hearings. If public
hearings are necessary, it schedules the time thereof, issues public notices, and invites
resource persons for the proposed legislation. If there is no need to conduct public
hearings, the bill is scheduled for Committee discussions. Based on the results of the

26 | P a g e
 public hearings or Committee Discussions, the Committee may introduce amendments,
consolidate bills on the same subject matter, or propose a substitute bill. It then prepares
a corresponding Committee Report. The Committee approves the Committee Report
before its formal transmission to the Plenary Affairs Bureau.
• Second reading The Committee Report is registered and numbered by the Bills and
Index Service. It will be included in the Order of Business and referred to the Committee
on Rules, which then schedules the bill for consideration on Second Reading.
Committee Reports are prepared by the secretary of the Committee and duly approved
by the Chairman, Vice-Chairmen and members of the Committee. On Second Reading,
the Secretary General reads the number, title and text of the bill in the plenary session.
The period of sponsorship and debate and/or amendments may take place. Voting may
be through viva voce (verbal “aye” and “no” vote), counted by tellers, division of the
House, or nominal voting.
• Third reading The amendments, if any are engrossed or collated and printed copies are
reproduced. The engrossed bill is included in the Calendar of Bills for Third Reading.
Copies of the same are distributed to the House Members three days before its Third
Reading. On Third Reading, the Secretary General reads only the number and title of
the bill. A roll call or nominal voting is called. A Member is given three minutes to explain
his/her vote if he/she desires. Amendment of the bill is not allowed at this stage.The bill
is approved if majority of the House Members show an affirmative vote. If the bill is
disapproved, it is transmitted to the archives.
• Transmittal to the Senate The approved bill is sent to the Senate for its concurrence.
• Senate action The approved bill of the House undergoes the same legislative process
in the Senate.
• Conference committee A conference committee is formed and is composed of both
Members from each House (Congress and Senate) to settle, reconcile, and thresh out
differences on any provisions of the bill. A Conference Committee report is prepared and
signed by all conferees and the Chairman. It is then submitted for consideration or
approval of both Houses. Any amendments are not allowed.
• Transmittal to the President Copies of the bill signed by the Senate President and the
Speaker of the House of Representatives, and certified by both of the Secretary of the
Senate and the Secretary General of the House, are transmitted to the President.
• Presidential action If the bill is approved by the President, it is assigned a RA (Republic
Act) number and transmitted to the House where it originated. In case of a veto, the bill
is transmitted to the House where it originated, together with a message citing the
reason for the veto.
• Action on the approved bill The bill is reproduced and copies are sent to the Official
Gazette Office for publication and distribution to implementing agencies. It is then
included in the annual compilations of Acts and Resolutions.
• Action on vetoed bill The message is included in the Order of Business. If the
Congress decides to override the veto, both Houses shall proceed separately to
consider the bill or the vetoed item of the bill. If two-thirds (2/3) of the Members voted in
• favor of the bill, or its vetoed items, such bill or items shall become a law.

Note: Veto, meaning - veto is the latin word for “forbid” or “deny
Veto Power – constitutional right of the President to reject a proposal made by the law-making body

27 | P a g e
Constitutional Limitations
o Bills Originating Exclusively In the House Of the Representative
All appropriations, revenue or tariff bills, bills authorizing increase in public debt, bills of
local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.
(Sec. 23, Article VI)

Revenue bill –the primary and specific purpose of which is to raise revenue
(e.g. raising the VAT rate and broadening its base; raising individual and corporate tax)
Tariff Bill – specifies the rates or duties to be imposed on imported articles
Bills authorizing increase in public debt- a bill providing for the issuance of bonds
and other forms of obligations to be paid with the proceeds to be derived from taxation
and other sources of government revenue. Under Republic Act No. 7553, the New
Central Bank Act, all internal and local borrowing by the national government and its
political subdivisions, including cities and municipalities, shall be subject only to the
approval of the Bangko Sentral ng Pilipinas.
Bills of local application-bill that affect a particular locality or municipality where only
the inhabitants of that locality will be affected or will profit thereby.
(e.g. Charter of a new city)
Private bills – a bill that serves a private interest or concern
(e.g. a bill granting honorary citizenship to a distinguished foreigner)

o Requirement of Subject and Title of Bill

Every bill passed by Congress shall embrace only one (1) subject which shall be
expressed in the title thereof. (Sec. 26, Article VI) The purpose of this constitutional
requirement is to prevent hodge-podge or log-rolling legislation

hodge-podge or log-rolling legislation – refers to any act containing several

subjects or unrelated matters combined together for the purpose of securing the
support of members of the legislature who favour any one of the subjects in
support of the entire act”.

o Requirement of Three Readings

No bill passed by either House shall become a law unless it has passed three (3)
readings on separate days (except Urgent bill), and printed copies thereof in its final
form have been distributed to its Members three days before its passage, except when
the President certifies to the necessity of its immediate enactment to meet a public
calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and
nays entered in the Journal. (Section 27, Article VI)

Urgent Bill - When the President certifies to the necessity of its immediate
enacment to meet public calamity or emergency {sec.26,(2)}

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 POWER OF APPROPRIATION The primary purpose of which is to make
appropriation of money from the National Treasury. Congress has the spending power or
the “power of the purse”.

Classification of Appropriation Measures

1. General appropriation – law passed annually intended to provide for the financial
operations of the entire government during one fiscal period
2. Special appropriation- designed for a specific purpose
(e.g. creation of fund for the relief of calamity victims)

Type of appropriations

1. Continuing appropriations
-refer to appropriations available to support obligations for a specified purpose or
project, such as multi-year construction projects which require the incurrence of
obligations even beyond the budget year (e.g. RA 8150, otherwise known as the Public
Works Act of 1995)
-Legislation in the form of a joint resolution enacted by Congress, when the new fiscal
year is about to begin or has begun, to provide budget authority for government
agencies and programs to continue in operation until the regular appropriations acts are
enacted.
2. Automatic appropriations -refer to all expenditures for (a) personnel retirement
premiums, government service insurance, and other similar fixed expenditures, (b)
principal and interest on public debt, (c) national government guarantees of obligations
which are drawn upon, provided, that no obligations shall be incurred or payments made
from funds thus automatically appropriated except as issued in the form of regular
budgetary allotments.

Constitutional Limitations
o Congress may not increase the appropriations recommended by the President for
the operation of the Government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by law. (Section 25, Article VI)

Budget – a financial program of the National Government for a designated fiscal year
o Prohibition Against rider
No provision or enactment shall be embraced unless it relates specifically to some
particular appropriation therein. Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates. (Section 25, Article VI)
Rider – a provision inserted in the general appropriation bill which does not
relate specifically to some particular appropriation therein.
o Transfer of Fund Prohibited
No law shall be passed authorizing any transfer of appropriations, however, the
President, the President of the Senate, the Speaker of the House of Representatives,
the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions

29 | P a g e
 may, by law, be authorized to augment any item in the general appropriation law for their
respective offices from savings in other items of their respective appropriations. (Section
25, Article VI)
o Discretionary Funds - appropriated for particular officials shall be disbursed only for
public purposes supported by appropriate voucher and subject to such guidelines as
prescribed by law.
o Prohibited Appropriation
No public money or property shall be appropriated, applied, paid, or employed, directly
or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian
institution, or system of religion, or of any priest, preacher, minister, other religious
teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal institution, or government orphanage or
leprosarium. (Sec. 29, Article VI) (where the appropriation is intended purposely to
benefit a religious institution; Aglipay v. Ruiz)

POWER OF TAXATION Taxation is the act of levying the tax, i.e., the process or
means by which the sovereign, through its law-making body, raises income to defray the
necessary expenses of the government. It is merely a way of apportioning the cost if the
government among those who in some measures are privileged to enjoy its benefits and,
therefore, must bear its burdens. (71 Am Jur. 2nd 342; 1 Cooley 72-73).

Constitutional Limitations
The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive
system of taxation (Section 28, Article VI)

Uniformity in taxation - that persons or things belong to the same class shall be
taxed at the same rate.
Equality in Taxation – requires the tax imposed to be determined on the value
of the property.

The Congress may, by law, authorize the President to fix within specified limits, and subject to
such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage
and wharfage dues, and other duties or imposts within the framework of the national
development program of the Government.

Charitable institutions, churches and personages or convents appurtenant thereto, mosques,

non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

POWER OF LEGISLATIVE INVESTIGATION

A distinction has been made between the power to:

•Conduct Inquiries in aid of legislation (Sec. 21, Article VI)

The Senate or the House of Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its duly published rules of

30 | P a g e
 procedure. The rights of persons appearing in, or affected by, such inquiries shall be
respected. The aim of which is to elicit information that may be used for legislation
• Conduct Question Hour (Sec. 22, Article VI)
The heads of departments may, upon their own initiative, with the consent of the President, or
upon the request of either House, as the rules of each House shall provide, appear before and
be heard by such House on any matter pertaining to their departments. Written questions shall
be submitted to the President of the Senate or the Speaker of the House of Representatives at
least three days before their scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of the State or the public
interest so requires and the President so states in writing, the appearance shall be conducted in
executive session. The objective of which is to obtain information in pursuit of Congress
oversight function. (Senate v. Ermita)

WAR POWERS
The Congress, by a vote of (2/3) two-thirds of both Houses in joint session assembled, voting
separately, shall
• have the sole power to declare the existence of a state of war
(defensive war and not aggressive war in consonance with the constitutional
provision renunciation of war as an instrument of national policy under (Art.II sec. 2)
• Delegation of emergency power to the President In times of war or other national
emergency, for a limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

CONCURRENCE POWER
The power to grant amnesty by the President with the concurrence of a majority of all the
Members of the Congress. (Sec. 19, Article VII)

No treaty or international agreement shall be valid and effective unless concurred in by at least
two-thirds of all the Members of the Senate. (Sec. 21, Article VII)

OTHER POWERS
1. Power to call special elections for President and Vice President (Section 10, Article
VII)
2. Power to judge the Presidents physical fitness to discharge the functions of his office
(Section 11, Article VII)
3. Power to revoke or extend suspension of the privilege of the writ of habeas corpus
or declaration of martial law (Section 18, Article VII)
4. Power to concur certain appointments made by the President
5. Power of impeachment (Section 2, Article XI)
6. Power relative to natural resources (Section 2, Article XII)
7. Power to propose amendments to the Constitution (Section 1 and 2, Article XVII)

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EXECUTIVE BRANCH (Article VII)

Introduction

The Executive Branch has sole authority and responsibility for the daily administration of
the state. It is headed by a President who is the head of the state as well as the head of the
government.

Under the present Constitution, the executive power shall be vested in the President of the
Philippines (Article VII, Sec.1)

Executive Power- briefly described as the power to administer and enforce the laws

The separation of powers system is designed to distribute authority away from the executive
branch—an attempt to preserve individual liberty in response to tyrannical leadership throughout
history. The executive officer is not supposed to make laws (the role of the legislature) or
interpret them (the role of the judiciary).

The role of the executive is to enforce the law as written by the legislature and interpreted by the
judicial system.

Qualifications of the President (see illustration below, Sec. 2 Article VII)

The Vice –President

There shall be a Vice-President who shall have the same qualifications and term of office and
be elected with, and in the same manner, as the President. He may be removed from office in
the same manner as the President. (Sec. 3, Article VII)

Term of Office (see illustration,Sec. 4, Article VII).

The President and the Vice-President shall be elected by direct vote of the people for a term of
six years which shall begin at noon on the thirtieth day of June next following the day of the
election and shall end at noon of the same date, six years thereafter. The President shall not be
eligible for any re-election. No person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected

32 | P a g e
EXECUTIVE OFFICERS
Illus.(Sec.2 to Sec. 4)

POSITION AGE CITIZENSHIP EDUCATION RESIDENCY TERM OF

OFFICE

President 40 yrs of age Natural born Able to read 10 yrs. 6 yrs., not
on the day of citizen of the and write Immediately eligible for
the election Philippines Preceding the any re-
day of the election
(Art.VII Sec.2) election
(Art.VII Sec. 4)
(Must be a
registered
voter)
Vice-President -Same - -do- -do- -do- 6 yrs., shall
not serve for
(Art.VII Sec.3) more than 2
successive
terms

(Art.VII Sec.4)

Oath of Office
Before they enter on the execution of their office, the President, the Vice-President, or the
Acting President shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting President) of the Philippines, preserve and defend
its Constitution, execute its laws, do justice to every man, and consecrate myself to the
service of the Nation. So help me God." (In case of affirmation, last sentence will be
omitted.) (Sec. 5, Article VII)

Privileges (Sec. 6, Article VII)

The President shall have an official residence known as Presidential palace (Malacanang
Palace)

Salaries
The salaries of the President and Vice-President shall be determined by law and shall not be
decreased during their tenure. No increase in said compensation shall take effect until after the
expiration of the term of the incumbent during which such increase was approved. They shall
not receive during their tenure any other emolument from the Government or any other source.

Immunity from suit

In the case of In re: Bermudez, the Supreme Court expressly held that, incumbent presidents
are immune from suit or from being brought to court during the period of their incumbency and
tenure.
In Soliven v. Makasiar, where the Supreme Court stated that the rationale for the grant to the
President of the privilege of immunity from suit is to assure the exercise of Presidential duties

33 | P a g e
and functions free from any hindrance or distraction, considering that being the Chief Executive
of the Government is a job that, aside from requiring all of the office-holder’s time, also
demands undivided attention.

Executive privilege
Fr. Joaquin Bernas explained executive privilege as the power of the President to withhold
certain types of information from the courts, the Congress, and ultimately the public. The types
of information include:
• those which are of a nature that disclosure would subvert military or
diplomatic objectives
• information about the identity of persons who furnish information of violations
of law
• information about internal deliberations comprising the process by which
government decisions are reached.

Prohibition and Inhibition upon the President, and Vice-President, Members of

the Cabinet, and their deputies or assistants (Sec. 13, Article VII)

o They shall not hold any other office or employment during their tenure,unless otherwise
provided in this Constitution
o They shall not directly or indirectly:
a) practice any other profession, n participate in any business, or be
b) financially interested in any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations or their
subsidiaries.
c) They shall strictly avoid conflict of interest in the conduct of their
office.
d) (Rule on Nepotism)The spouse and relatives by consanguinity or affinity within the
fourth civil degree of the President shall not, during his tenure be appointed as:
Members of the Constitutional Commissions, Ombudsman, Secretaries,
or Undersecretaries, Chairman or heads of bureaus or offices, including government-
owned or controlled corporations and their subsidiaries.
(Exception to the Rule on Nepotism: Confidential employee, Teacher Members of the AFP, Physicians)

The Constitution provides for a line of succession in the event that the elected President of the
Philippines is not able to discharge the duties of his office due to death, disability, removal
from office or resignation.

34 | P a g e
When Vacancy Occurs before the
Commencement of the term of the President
illus. (Sec. 7, Article VII)

If the President-elect fails to qualify Vice President-elect shall act as President until the President-elect
shall have qualified.

If a President shall not have been Vice President-elect shall act as President until a President shall
chosen have been chosen and qualified.

If at the beginning of the term of

the President, the President-elect Vice President-elect shall become President.
shall have died or shall have
become permanently disabled,

Where NO President and Vice- President of the Senate or, in case of his inability,
President shall have been chosen the Speaker of the House of Representatives, shall act as
or shall have qualified, or where President until a President or a Vice-President shall have been
both shall have died or become chosen and qualified
permanently disabled,

Vacancy During The Term of Office

Illus (Sec. 8, Article VII)

In cases of the death, permanent Rule of filling-up vacancy

disability, removal from office or
resignation of the following:

President Vice President to serve the unexpired term

President and Vice President

Senate President

Speaker of the House of Representatives

President, Vice President, and Senate President
shall then act as President until the President or
Vice-President shall have been elected and
qualified.

The Congress shall, by law provide who shall serve

Acting President
as President until the President or Vice-President
shall have been elected and qualified.

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Vacancy in the Office of the Vice-President during the term-
The President shall nominate a Vice-President from among the Members of the Senate and
the House of Representatives who shall assume office upon confirmation by a majority vote of
all the Members of both house of Congress (sec 9, Art. VI)
Vacancy in the Office of the President and Vice President The Congress of the
Philippines is mandated to enact a law calling for a special election three days after the vacancy
in the Office of the President and Vice President. The special election should occur 40 days
after the enactment of the law, but not later than 60 days after the enactment of the law. No
special election shall be called if the vacancy occurs within 18 months before the date of the
next presidential election (Sec.10)
Temporary disability A written declaration Transmit to the Senate President and the Speaker
of the House of Representatives

Illus.(Sec. 11, Article VII)

Whenever the President transmits His that he is unable to discharge powers and duties shall
written declaration the powers and duties of his be discharged by Vice-
office President as Acting
President.

Whenever a majority of all the Members of that the President is unable to Vice-President shall
the Cabinet transmit their written discharge the powers and immediately assume the
declaration duties of his office powers and duties of
the office as Acting
President.

When the President transmits his written The President shall

that NO inability exists.
declaration reassume the powers
and duties of his office
However, should a majority of all the that the President is unable to
Members of the Cabinet transmit within discharge the powers and
five days their written declaration duties of his office,
*the Congress shall
decide the issue
(see Note)

Note:*For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in
accordance with its rules and without need of call. If the Congress, within ten days after receipt of the last
written declaration, or, if not in session, within twelve days after it is required to assemble, determines by
a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers
and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue
exercising the powers and duties of his office.

In case of serious illness of the President

The public shall be informed of the state of his health, and the following shall not be denied
access to the President (Sec.12,Art.VII)

1, Members of the Cabinet in charge of national security, and foreign relations

36 | P a g e
 2. Chief of staff of the Armed Forces of the Philippines

Powers of the President

Executive power -The executive power is the power to enforce and administer the
laws. (National Electrification Administration v. Court of Appeals). Executive power is
more than the sum of specific powers enumerated in the Constitution. It
includes residual powers not specifically mentioned in the Constitution. (Marcos v.
Manglapus)

Power of Appointment
It refers to the power to select, by the authority vested with the power, an individual who is to
exercise the powers of a given office. Section 16, Article VII specifically provides that:
Appointment is the act of designation by the executive officer, board, or body to whom
the power has been delegated, of the individual who is to exercise the functions of a
given office.
Kinds of Appointment
1. Regular- made during sessions. The official can only discharge the duties once the
commission consents to the appointment.
2. Ad interim - made during recess of Congress. Ceases to be valid upon disapproval
by the Commission on Appointments or, if not confirmed, until the next adjournment of
Congress.

The President shall nominate and, with the consent of the Commission on Appointments,
(1) appoint the heads of the executive departments, (2) ambassadors, other public ministers
and consuls, or (3) officers of the armed forces from the rank of colonel or naval captain, and (4)
other officers whose appointments are vested in him in this Constitution. He shall also appoint
(5) all other officers of the Government whose appointments are not otherwise provided for by
law, and (6) those whom he may be authorized by law to appoint. The Congress may, by law,
vest the appointment of other officers lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or boards.

Composition of the Commission on Appointments (sec.19, Art.VI)

• Senate President - the ex officio chairman,
• twelve senators, and
• twelve members of the House of Representatives.

Members from each house of Congress are elected based on proportional representation from
the political parties and parties or organizations registered under the party-list system
represented. The Chairman of the Commission shall vote only in case of a tie. It shall act on
all appointments submitted within thirty session days of Congress. It shall be governed by a
majority vote of all members (18, Article VI)

37 | P a g e
The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires
no confirmation (sec.12 E.O.No.292, 7/25/1987)

The Appointments of all judges and the Ombudsman need not be confirmed by the
Commission on Appointments. Instead, they are recommended by the Judicial and Bar
Council in a short list, from which the President t shall then choose from.
Appointments extended by an Acting President shall remain effective, unless revoked by the
elected President within ninety days from his assumption or re-assumption of office

Prohibition (Sec. 15)

The President or acting President shall not make appointments 2 months immediately before
the next presidential elections & up to the end of his term, except temporary appointments to
executive positions when continued vacancies therein will prejudice public service or
endanger public safety

The constitution doesn’t include the Chief Justice of the Supreme Court in the President’s line of
succession.

Power of Removal
As a general rule, the power of removal may be implied from the power of appointment.
However, the President cannot remove officials appointed by him where the Constitution
prescribes certain methods for separation of such officers from public service. (Nachura,
Outline/Reviewer in Political Law)

Power of Control
The President shall have control of all the executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed. (Sec. 17, Article VII)

The power of control is the power of an officer to alter, modify or set aside what a subordinate
officer had done in the performance of duties and to substitute the judgment of the former-for
the latter (Mondano v. Silvosa). An officer in control lays down the rules in the doing of an act. If
they are not followed, the officer may in his/ her discretion order the act undone or re-done by
the subordinate or the officer may even decide to do the act himself/ herself. The officer may
alter the wisdom of a law-conforming judgment made by the subordinate.

Alter ego principle -Cabinet Secretary is the alter ego of the President in their
respective Departments. Thus, they possess the power to issue directives relative to
their departments, such as department orders. These orders only apply to offices under
a specific department under the Cabinet Secretary’s jurisdiction. Cabinet Secretaries
also act as advisors to the President of the Philippines for their areas.

Power of Supervision
The President of the Philippines shall exercise general supervision over local governments. It is
the power of the President to see to it that local officers perform their functions in accordance
with law.

38 | P a g e
 Military Powers (Sec. 18, Article VII)

1. Commander-in-Chief of the Armed Forces

“The President shall be the Commander-in-Chief of all armed forces of the Philippines…”

2. Calling-out Power
“… and whenever it becomes necessary, he may call out such armed forces to prevent
or suppress lawless violence, invasion or rebellion.”

3. Suspension of the privilege of the writ of habeas corpus

“In case of invasion or rebellion, when the public safety requires it, he may, for a period
not exceeding sixty days, suspend the privilege of the writ of habeas corpus…”
Duration: Not to exceed sixty days, following which it shall be lifted, unless
extended by Congress.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing.

The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with invasion (Sec. 18, Article VII); It does
not impair the right to bail (Sec. 13, Article III)
During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.

4. Declare Martial law (with the concurrence of Congress)

Place the Philippines or any part thereof under martial law.”
A state of martial law does not suspend the operation of the Constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ.

Power of Executive Clemency

Clemency is the act of reducing a penalty for a particular criminal offense without clearing the
person's criminal history.

Petitions for Executive Clemency/ Parole

Parole is the release from imprisonment, but without full restoration of liberty, as parole
is still in the custody of the law although not in confinement.
Grant of Parole. — A prisoner may be granted parole whenever the Board finds that
there is a reasonable probability that if released, he will be law-abiding and that his
release will not be incompatible with the interest and welfare of society.
(Sec. 15.Revised Rules and Regulations of the Board of Pardons and Parole)

39 | P a g e
_______________________________________________ _
Note: Filing of Petition.(Sec.5.Revised Rules and Regulations of the Board of Pardons and
Parole) — A formal petition for executive clemency addressed as follows shall be
submitted to the Board before the question of said clemency will be considered.
“The President of the Philippines
Thru: The Chairman Board of Pardons and Parole

Except in cases of impeachment, or as otherwise provided in this Constitution, the

President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.

Reprieve - is the postponement of a sentence or stay of execution

Commutation - is the reduction or the mitigation of the penalty.
Pardon – (forgiveness of a crime; Covers specific person) refers to an act of
grace which exempts the individual on whom it is bestowed from the punishment
that the law inflicts for the crime he has committed.

Limitations
1. Cannot be granted in cases of impeachment (Sec. 19, Article VII)
2. Cannot be granted in cases of violation of election laws without the favorable
recommendation of the Commission on Elections (Sec. 5, Article IX-C)
3. Can be granted only after conviction by final judgment
4. Cannot be granted in cases of legislative contempt or civil contempt

(Legislative contempt- disregard or disobedience of a public authority).

5. Cannot absolve the convict of civil liability (People v. Nacional)

6. Cannot restore public offices forfeited (Monsanto v. Factoran)

He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress. (Sec. 19, Article VII)

Amnesty is an act of grace, concurred in by legislature, usually extended to groups of

persons who committed political offenses, which puts into oblivion or forgetfulness for
past acts. It is often conditional upon their return to obedience and duty.

Foreign Relation Power

The President as head of the state is the representative of the Philippines in dealing with other
states.

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 Power of Recognition
The Philippines may or may not extend recognition to a newly established state or government.
This right of recognition is inherent to a state. No one can compel the Philippines to recognize a
state or government even though they deserve recognition. The exercise of the exclusive
discretionary authority of extending recognition by the President is beyond the expanded power
of judicial review by the judiciary, the same being a purely political question.

Power to Send and Receive Diplomatic Missions

Right of legation is an important attribute of a state. The Philippines as a sovereign State may
enter into a diplomatic relation with other State by sending its diplomatic corps to receiving
States and by receiving diplomatic corps by sending States.

Power to deport Alien

The power to deport alien is an inherent right of the State. The power to deport alien is
lodged to the president of the Republic of the Philippines.

Power to Borrow or Guarantee Foreign Loan

The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as
may be provided by law. The Monetary Board shall, within thirty days from the end of every
quarter of the calendar year, submit to the Congress a complete report of its decision on
applications for loans to be contracted or guaranteed by the Government or government-owned
and controlled corporations which would have the effect of increasing the foreign debt, and
containing other matters as may be provided by law. (Sec. 20, Article VII)
Power to Enter Treaty or International Agreement
The power to enter into a treaty or international agreement is an attribute of States. The
authorized representative of the states in concluding a treaty or international agreement is the
President subject to the power of concurrence by the senate.
Budgetary power
The President shall submit to the Congress, within thirty days from the opening of every regular
session as the basis of the general appropriations bill, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue measures. (Sec. 22, Article
VII)

Informing power
The President shall address the Congress at the opening of its regular session. He may
also appear before it at any other time (Sec. 23, Article VII)

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 Power of control over the Executive Branch
The President of the Philippines has the mandate of control over all the executive departments,
bureaus, and offices. This includes restructuring, reconfiguring, and appointments of their
respective officials. The Administrative Code also provides for the President to be responsible
for the abovementioned offices’ strict implementation of laws.

Power Ordinance Power

The President of the Philippines has the power to give executive issuances, which are means to
streamline the policy and programs of an administration.

Power over Aliens

The President of the Philippines has certain powers over non-Filipinos in the Philippines. The
powers he may exercise over foreigners in the country are as follows:

• The chief executive may have an alien in the Philippines deported from the country after
due process.
• The President may change the status of a foreigner, as prescribed by law, from a non-
immigrant status to a permanent resident status without necessity of visa.
• The President may choose to overrule the Board of Commissioners of the Bureau of
Immigration before their decision becomes final and executory (after 30 days of the
issuance of the decision). The Board of Commissioners of the Bureau of Immigration
has jurisdiction over all deportation cases.
• The president is also mandated by the Administrative Code of 1987 to exercise powers
as recognized by the generally accepted principles of international law.

Powers of Eminent Domain, Escheat, Land Reservation and

Recovery of Ill-gotten Wealth
The President shall determine when it is necessary or advantageous to exercise the power of
eminent domain in behalf of the national government, and direct the solicitor general, whenever
he deems the action advisable, to institute expropriation proceedings in the proper court.

Power to direct escheat or reversion proceedings — The President shall direct

the solicitor general to institute escheat or reversion proceedings over all lands transferred or
assigned to persons disqualified under the constitution to acquire land.

Power to reserve lands of the public and private domain of the

government —

(1) The president shall have the power to reserve for settlement or public use, and for
specific public purposes, any of the lands of the public domain, the use of which is not
otherwise directed by law. The reserved land shall thereafter remain subject to the
specific public purpose indicated until otherwise provided by law or proclamation.

42 | P a g e
 (2) He shall also have the power to reserve from sale or other disposition and for specific
public uses or purposes, any land belonging to the private domain of the government, or
any of the friar lands, the use of which is not otherwise directed by law, and thereafter
such land shall be used for the purposes specified by such proclamation until otherwise
provided by law.

Power over ill-gotten wealth — The President shall direct the solicitor general
to institute proceedings to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees. Within the period fixed in,
or any extension thereof authorized by, the constitution, the President shall have the
authority to recover ill-gotten properties amassed by the leaders and supporters of the
previous regime, and protect the interest of the people through orders of sequestration
or freezing of assets or accounts.

Power of Appointment
The President may appoint officials of the Philippine government as provided by the constitution
and laws of the Philippines. Some of these appointments, however, may need the approval of
the Committee on Appointments (a committee composed of members from the House of
Representatives and the Senate of the Philippines).
(ibid. Section 16, Article VII Constitution)

Power of General Supervision Over Local Governments

The President of the Philippines, as chief executive, has the mandate to supervise local
governments in the Philippines, despite their autonomous status as provided by Republic Act
No. 7160 otherwise known as the Local Government Code of 1991. Traditionally, this is done by
the Department of the Interior and Local Government, headed by a cabinet secretary—an alter
ego of the President.

JUDICIAL BRANCH (Article VIII)

Introduction
The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law (Sec. 1, Article VIII)
The Supreme Court is the highest tribunal in the Philippines. It consist of the Chief Justice and
14 Associate Justices, appointed by the President

Judicial power - includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.cr

43 | P a g e
Scope of Judicial Power

1. Power of Judicial Review

a) To pass upon the validity of the laws of the State and acts upon the other departments of the
Government. b) To interpret them c) To render binding judgment

2. Adjudicatory Power
a) To settle actual controversies involving rights
b)To determine whether there has been a grave abuse of discretion to lack or excess of
jurisdiction, [Legality of actions, Lack of jurisdiction, Lack of authority to act on the matter in
dispute Judicial Review Interpret the law and make them binding judgements, Constitutionality
of the laws (Constitutionality of no permit no rally policy)]

3. Incidental Power
powers essential for the discharge of their judiciary function (Contempt of Court Subpoena,
Warrant of Arrest)

Requisites of judicial review

1. Actual case/controversy
For a court to exercise its power of adjudication, there must be an actual case of controversy —
one which involves a conflict of legal rights, an assertion of opposite legal claims susceptible of
judicial resolution; the case must not be moot or academic or based on extra-legal or other
similar considerations not cognizable by a court of justice.
2. Proper party
Actual case or controversy must be raised by a proper party. It refers to a personal and
substantial interest in the case such that the party has sustained or will sustain direct injury as a
result of the governmental act that is being challenged.
3. Earliest possible opportunity It must be raised at the earliest possible opportunity.
4. Constitutional or legal question must be necessary to the determination of the case
itself
This last requisite of judicial review is simply an offshoot of the presumption of validity accorded
the executive and legislative acts of our co-equal branches of the government. Ultimately, it is
rooted in the principle of separation of powers. Given the presumed validity of an executive act,
the petitioner who claims otherwise has the burden of showing first that the case cannot be
resolved unless the constitutional question he raised is determined by the Court.
It is a basic principle in constitutional adjudication that enjoins the court from passing upon a
constitutional question, although properly presented, if the case can be disposed of on some
other ground. In constitutional law terms, this means that we ought to refrain from resolving any
constitutional issue "unless the constitutional question is the lis mota of the case (General v.
Urro)
It is a well-settled maxim of adjudication that an issue assailing the constitutionality of a
governmental act should be avoided whenever possible. Succinctly put, courts will not touch the
issue of constitutionality unless it is truly unavoidable and is the very lis mota or crux of the
controversy (Francisco v. House of Representatives)

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Limitation on the Power of Congress to apportion jurisdiction of various
courts (Section 2, Art.VIII)
The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the
various courts but :
• may not deprive the Supreme Court of its jurisdiction over cases enumerated in
Section 5 hereof.
• Shall not pass law reorganizing the Judiciary which will undermines the security of
tenure of its Members

Fiscal Autonomy of the Judiciary (Section 3,Art.VIII)

The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be
reduced by the legislature below the amount appropriated for the previous year and, after
approval, shall be automatically and regularly released. Fiscal autonomy is a guarantee given
by the Constitution to certain units of the government. It is intended as a guarantee of
separation of powers and of independence from political agencies. The units that have been
given fiscal autonomy are the and the judiciary, constitutional commissions, the ombudsman.

Composition of the Supreme Court (Section 4,Art VIII)

o a Chief Justice and
o Fourteen (14) Associate Justices. It may sit en banc or in its discretion, in division
of three, five, or seven Members. Any vacancy shall be filled within ninety days from the
occurrence thereof.

illus. JUDICIARY

SUPREME COURT

COURT OF APPEALS SANDIGANBAYAN COURT OF TAX APPEAL

Regional Trial Courts Shari’a Circuit Court

Metropolitan Municipal Trial Municipal Trial Municipal Circuit Shari’a Circuit

Trial Courts courts in Cities Courts Trial Courts Courts

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Regular courts Special Courts Quasi judicial Agencies
o Court of Appeals o Court of Tax Appeal o Commission on
o Regional Trial Courts o Sandiganbayan Elections,
o Metropolitan Trial Courts ("People's Advocate").
o Municipal trial court o National Labor Relations
A Special Appellate Collegial Commission
Court. It is equal in rank to
the Court of Appeal o Securities and Exchange
Commission

Note: Quasi judicial Agencies - Agencies under the Executive Department performing duties similar to
the Judicial Department They render judgements just like the Judicial Department, yet they form part of
the Executive Department, make pronouncements and judgements on certain issues.

What will happen if two judges agreed, the other disagreed? Case will be decided by enbanc. Modifying
decisions in cases decided in an en banc session

If majority votes were not obtained, constitutionality is upheld. 15 members – quorum is 8 – votes
required is only 5 Administrative proceedings for the dismissal of a judge of a lower court

Cases where majority vote is not obtained at the lower courts- Division with 3 members Majority vote is
equals to? 3 votes

Automatic Review of Cases sentenced by lower court with Reclusion Perpetua (or in case we
have Death Penalty )

En banc cases. All cases involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case
and voted thereon. (en banc - means the court sits as one body)

Cases or matters heard by a division Shall be decided or resolved with the concurrence
of a majority of the Members who actually took part in the deliberations on the issues in the
case and voted thereon, and in no case without the concurrence of at least three of such
Members. When the required number is not obtained, the case shall be decided en banc:

Provided, that no doctrine or principle of law laid down by the court in a decision rendered en
banc or in division may be modified or reversed except by the court sitting en banc.
(In division- means the court sits in separate division: three, five,or seven members per
division)

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Powers of the Supreme Court (Section 5)

1. Original jurisdiction Exercise original jurisdiction over cases affecting ambassadors,

other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.

Original Jurisdiction over cases affecting Ambassadors, & other public ministers and
consuls
Original Jurisdiction over petition for:
• Certiorari - a writ issued from a sperior court requiring a lower court to transmit
the records of a case to the superior court for the purpose of review.
• Prohibition - by which a superior court commands a lower court to desist from further
proceedings in an action or matter.
• Mandamus - an order by a superior court commanding a lower court , a board or a
corporation to perform a certain act which it is bound to do so.
• Quo warranto - an action by the government to recover an office or franchise from an
individual unlawfully holding it.
• Habeas corpus - a writ issued in order to bring somebody who has been detained into
court, usually for a decision on whether the detention is lawful

2. Appellate jurisdiction Review, revise, reverse, modify, or affirm on appeal

or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower
courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.

3. Temporary assignment of judges Assign temporarily judges of lower courts to

other stations as public interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.

4. Order change of venue of trials to avoid a miscarriage of justice.

5. Rule-making power Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.

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6. Appointing power Appoint all officials and employees of the Judiciary in accordance
with the Civil Service Law.

7. Power of administrative supervision The Supreme Court shall have

administrative supervision over all courts and the personnel thereof (Section 6)

8. Power to discipline judges of lower courts

The Supreme Court en banc shall have the power to discipline judges of lower courts, or order
their dismissal by a vote of a majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon.

Qualifications
Illus. (Sec.7, Art.VII)

Members of the Supreme Court /Lower Judges of lower courts (sec.7,pa.2)

Collegiate Court, (sec.7,pa.1)
A natural-born citizen of the Philippines A citizens of the Philippines
At least 40 years of age. A member of the Philippine Bar.
Must have been 15 years or more a judge of a Other qualification as Congress may provide
lower court, or engaged in the practice of law in the
Philippines.
A person of proven competence, integrity, probity,
and independence (sec. 7,pa.3)

Note: Justice of lower Collegiate Court, possess the same qualifications like members of the
Supreme Court ;Philippine Bar, meaning – the term “Bar” refers to the collectivity of all persons
whose names appear in the roll of attorneys in the Supreme court,

The Members of the Supreme Court and judges of the lower courts shall be appointed by the
President from a list of at least three nominees prepared by the Judicial and Bar Council for
every vacancy. Such appointments need no confirmation. (Section 9)
For the lower courts, the President shall issue the appointments within ninety days from the
submission of the list.

Tenure of judges/justices (Sec. 11, Article VIII)

The Members of the Supreme Court and judges of the lower court shall hold office
during good behavior
o until they reach the age of (70)seventy years, or
o become incapacitated to discharge the duties of their office.

Salaries (Sec. 10, Article VIII

The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and
of judges of lower courts shall be fixed by law. During the continuance in office, their
salary shall not be decreased

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Judicial and Bar Council (Section 8)

(1) The members of the Judicial and Bar Council A Judicial and Bar Council is hereby
created under the supervision of the Supreme Court composed of the
1. Chief Justice as ex officio Chairman
2. Secretary of Justice,
3. Representative of the Congress as ex officio Members,
4. Representative of the Integrated Bar,

(2) The regular members of the Council shall be appointed by the President with the consent
of the Commission on Appointments.
• representative of the Integrated Bar - shall serve for four years
• professor of law - for three years, the
• retired Justice - for two years
• representative of the private sector - for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.

Ex Officio-Holding a position or membership due to the power or influence of one's office, and
not by election or appointment. A chairperson, for example, can be an ex-officio member of
all board appointed committees. Such positions and their attached voting and
other privileges are detailed in the bylaws of the organization. Latin for, because of one's office.
(bus.Dictionary.com)

(4) Emoluments the regular Members of the Council shall receive such emoluments as may
be determined by the Supreme Court. The Supreme Court shall provide in its annual budget
the appropriations for the Council.
(5) Principal function of the Council -shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions and duties as the Supreme
Court may assign to it.

Prohibition on members of the Judiciary (Section 12)

The Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.

Requirement before Promulgation of decision (Section 13)

The conclusions of the Supreme Court in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to a Member for the writing
of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the record of the case and served upon the parties. Any
Member who took no part, or dissented, or abstained from a decision or resolution, must state
the reason therefor. The same requirements shall be observed by all lower collegiate courts.

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Requirement in Rendering Decision (Section 14)
No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based. No petition for review or motion for
reconsideration of a decision of the court shall be refused due course or denied without stating
the legal basis therefor.

Mandatory Periods to decide cases (Section 15).

(1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved
within twenty-four months from date of submission for the Supreme Court, and, unless reduced
by the Supreme Court, twelve months for all lower collegiate courts, and three months for all
other lower courts.
(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the
record of the case or matter, and served upon the parties. The certification shall state why a
decision or resolution has not been rendered or issued within said period.
(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall decide or resolve
the case or matter submitted thereto for determination, without further delay.

Submission of Annual Report ( Section 16)

The Supreme Court shall, within thirty days from the opening of each regular session of
the Congress, submit to the President and the Congress an annual report on the
operations and activities of the Judiciary.

CONSTITUTIONAL COMMISSIONS (Article IX)

The Independent Constitutional Commissions are:
Civil Service Commission (CSC), Commission on Elections (Comelec) and the
Commission on Audit (COA). (Sec.1, Art.IX)

Constitutional safeguards on the independence of the Commissions

2. They are constitutional created thus, may not be abolished by a statute.
3. Each is expressly described as independent
4. Each is conferred certain powers and functions which cannot be reduced by a statute
5. The Chairpersons and members cannot be removed except through the process of
impeachment
6. The Chairpersons and members are given a fairly long term of office of seven years
7. The salaries of the chairpersons and members are relatively high and may not be decreased
during their continuance in office
8. The Commissions enjoy fiscal autonomy
9. Each Commission may promulgate its own procedural rules, provided they do not diminish,
increased or modify substantive rights

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10. The Chairpersons and members are subject to certain disqualifications calculated to
strengthen its integrity
11. The Commissions may appoint their own officials and employees in accordance with Civil
Service Law

Limitations (Sec. 2, Article IX)

1. No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment.
2. Neither shall he engage in the practice of any profession or
3. In the active management or control of any business which, in any way, may be
affected by the functions of his office, nor
4. Shall he be financially interested, directly or indirectly, in any contract with, or in any franchise
or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their subsidiaries.
Period prescribed to render decisions (Sec. 7, Article IX)
Each Commission shall decide by a majority vote of all its Members, any case or matter brought
before it within sixty days from the date of its submission for decision or resolution. A case or
matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief,
or memorandum required by the rules of the Commission or by the Commission itself.
Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court on certiorari by the aggrieved party within
thirty days from receipt of a copy thereof.

A. CIVIL SERVICE COMMISSION

Powers and Functions:

The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled corporations with original charters.

Appointments in the civil service

shall be made only according to merit and fitness to be determined, as far as practicable, and,
except to positions which are policy-determining, primarily confidential, or highly technical,
by competitive examination.

The Civil Service Commission as the

Central Personnel Agency of the Government
• shall establish a career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil
service.
• It shall strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks,
• and institutionalize a management climate conducive to public accountability.

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 B. COMMISSION ON ELECTION
Powers and Functions:
1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over
all contests involving elective municipal officials decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial courts of limited jurisdiction.
3) Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.
4) Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials and
inspectors, and registration of voters.
5) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
6) Register, after sufficient publication, political parties, organizations, or coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall
not be registered. Those which seek to achieve their goals through violence or unlawful means,
or refuse to uphold and adhere to this Constitution, or which are supported by any foreign
government shall likewise be refused registration

C. COMMISSION ON AUDIT
Powers and Functions:
The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle
all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and
property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled corporations with
original charters, and on a post- audit basis:

Constitutional bodies, commissions and offices

That have been granted fiscal autonomy under this Constitution;
• Autonomous state colleges and universities
• Constitutional commissions; the ombudsman; and the judiciary.
• Other government-owned or controlled corporations and their subsidiaries

Such non-governmental entities receiving subsidy or equity, directly or indirectly, from or

through the Government, which are required by law or the granting institution to submit to such
audit as a condition of subsidy or equity. However, where the internal control system of the
audited agencies is inadequate, the Commission may adopt such measures, including
temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It
shall keep the general accounts of the Government and, for such period as may be provided by
law, preserve the vouchers and other supporting papers pertaining thereto.

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The Commission shall have exclusive authority, subject to the limitations in this Article, to define
the scope of its audit and examination, establish the techniques and methods required therefor,
and promulgate accounting and auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of government funds and properties.

Source: Orig. Illus.

CONSTITUTIONAL Citizensh AGE Education Prohibition TERM of

COMMISSION
(Art. IX) ip Office

Civil Service Natural-born 35 yrs. Old at With proven Must not have Chairman
citizen the time of capacity for been candidates 7yrs.w/o
their public for any elective reappointment
Chairman; appointment administration position in the
2 commissioners elections One Commissioner
immediately - 5 yrs.without
preceding their reappointment
appointment
Another
Commissioner –3
years. without
reappointment
COMELEC -same- -same- Holder of a Must not have been Chairman
candidates for any 7yrs.without
College degree
elective position in reappointment
Chairman; the immediately
6 commissioners preceding election First appointed
3 members – 7 yrs.
Member of Philippine Without
Bar, engaged in the reappointment
practice of law for at
least 10 years 2 members—5 yrs.
(majority of the without
members including reappointment
the chairman)
Last 1 member-
3 yrs without
reappointment
COA -same- -same- Certified Public Must not have been Chairman
Accountant candidates for any 7yrs.w/o
With not less elective position in the reappointment
Chairman; than election immediately
2 Commissioners 10 yrs. preceding 1 Commissioner -
Of auditing their appointment 5 yrs. without
experience reappointment

Or Members of Another
Phil. Bar engage Commissioner – 3
In the practice years. w/o
of law for at reappointment
least 10 years

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Note: Appointment to any vacancy shall be only for the unexpired term of the predecessor.
In no case shall any Member be appointed or designated in a temporary or acting capacity
(Art.IX Sec.1 pa.2)

EXERCISES:
A. Essay
1. Explain the tripartite system of the Philippine government and the concept of the separation
of powers and checks and balances using diagrams/illustrations
Legislative Branch Executive Branch Judicial Branch
2. How a bill becomes a law. Discuss by using flowchart
3. Discuss how the power of judicial review reinforces the supremacy of the constitution
4. Compare the qualifications, term of office and privileges of the President, members of the
Congress and the Supreme Court
5. What are the three Independent Constitutional Commissions? Compare the qualifications,
and term of office of the commissioners.

B. True or False. Write True if the statement is correct and False if it is incorrect.
_____ 1. A special election always precedes when vacancy occurs in the office of the president
_____ 2. One of the qualifications of a COMELEC commissioner is that he must be a lawyer
and had been practicing law for at least 15 years.
______3. A private individual could defy the government’s exercise of eminent domain.
______4. The COMELEC is composed of six members.
______5. A CPA with an auditing experience of 5 years is qualified to be appointed as
commissioner in COA.
_____ 6. The first commissioner of COA serves for three years.
______7. Constitutional bodies enjoy fiscal autonomy
______8. A decision handed down by the Supreme Court is no longer appealable.
______9.. Commissioners of CSC are impeachable officials.
______10.Disciplinary actions can be taken by the CSC to both elected and appointed officials.
C. Fill in the blanks with the correct answer.
______1. An organization within the legislature where its function is to confirm the
appointments made by the president.
______ 2. A non-career position usually occupied by a private secretary.
______ 3. A form of executive clemency which is the temporary postponement of the execution
of penalty.
______ 4. A political exercise where the people directly propose or enact law.
______ 5. It is the transfer of political power from the national government to the local
government units.
______ 6. Appointed by the President Aside from the Vice President
___ 7. A Special Appellate Collegial Court. It is equal in rank to the Court of Appeal
_____ 8. It is the basis of appointing career employees in the government.
9. An executive clemency which set aside punishment of the offense committed
10. An organization within the legislative branch where its function is to settle election
contest involving national elected officials.

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_____ 11. A form of decentralization which is the transfer of administrative power from the
national government down to the department bureaus and offices both in regional and local
level.
_____ 12. He serves as an ex-officio chairman of the commission on appointment.
_____13. A non-career position where the occupant should possess a superior skills and
knowledge.
_____ 14. A writ issued by the Supreme Court to an individual, government institution or
private corporations requiring them to perform a certain act.
_____ 15. A political exercise where a law or part thereof are submitted to the people for an
approval.
_____ 16 Possess the same qualifications like members of the Supreme Court
____ 17. A Special Appellate Collegial Court also knw as “People’s Advocate.
_____ 18. It is referred to as the central personnel agency of the government.
_____ 19. A political exercise where the local chief executives are remove from their office
before the expiration of their term.
_____ 20. Exercise administrative supervision over all courts and the personnel thereof.

LOCAL GOVERNMENT (Art. X)

Learning Objectives
When you finish this lesson, you will be able to do the following:

1. Discuss the structure of local government compared to the national government.

2. Analyze and explain the powers of Local Government
3. Distinguish Local autonomy from Fiscal autonomy

Introduction
All divisions below the regional level are called "local government units (LGUs)."
According to the Constitution, the LGUs "shall enjoy local autonomy", and in which the
President exercises "general supervision". Congress enacted the Local Government o
1991 "which shall provide for a more responsive and accountable local government structure
instituted through a system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers, responsibilities,
and resources, and provide for the qualifications, election, appointment and removal, term,
salaries, powers and functions and duties of local officials, and all other matters relating to the
organization and operation of local units.
Local Autonomy, meaning – the exercise of certain basic powers like, police power, power of
eminent domain and taxing power

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Just as the national government, local governments are divided into three branches:
executive, legislative and judiciary.
The judicial branch is administered solely by the Supreme Court of the Philippines, while
the LGUs have control of the executive and legislative branch.
Levels of Local government: Orig.illus..for study purpose
LEVELS OF LOCAL EXECUTIVE Branch LEGISLATIVE Branch JUDICIAL Branch
TERM OF
GOVERNMENT OFFICIALs
OFFICE

Administered Elected
Autonomous Regional Governor Regional Legislative
solely by the Officials:
Regions / Regional Vice Governor Assembly
Supreme
3 years
(35 yrs. old on election (Headed by: Assembly Court of the
day) speaker) Philippines (can only serve
a maximum of

Regional Assembly member three

(21 yrs. old) consecutive

terms )

Govenor Sangguniang
Province
/ Vice Governor Panlalawigan
(23 yrs.old)
(Head by: Vice
governor)
City

*Highly Mayor Sangguniang

urbanized / Vice Mayor Panlungsod
cities -------- (23 yrs. old) (Headed by: Vice Mayor)
---------- -------------

*Independent
(21 yrs. old)
component
on the day of election
and
component
cities------------
Mayor Sangguniang Bayan
Municipalities / Vice Mayor
(Headed by: Vice Mayor)
(21 yrs. old)
on the day of election

56 | P a g e
Barangay Barangay Captain Sangguniang Barangay
/ Kagawad ( Headed by: Brgy. Captain)
(18 yrs old )
on the day of election)

Sangguniang Kabataan
Sangguniang Kabataan
Chairperson
(Headed by: SK
(15 to 21 yrs. old
chairperson

1. Autonomous regions Autonomous regions have more powers than other LGUs. Currently,
the constitution limits the creation of autonomous regions in Muslim Mindanao and the
Cordilleras. Other regions are not considered LGUs since they do not have political
power.Currently, only one autonomous region exists: the Autonomous Region in Muslim
Mindanao (ARMM). In 2001, a plebiscite confirmed the previous composition of the autonomous
region, and added Basilan except the city of Isabela and Marawi in Lanaon del Sur within its
jurisdiction; however Isabela City is still politically a part of Basilan despite rejecting inclusion.
A1998 plebiscite for the creation of a "Cordillera Autonomous Region" was only approved by the
voters of Ifugao; as a result, the Supreme Court (Ordillo vs.Comelec; G.R. No. 93054) ruled that
a region must be composed of more than one province. The proposed Cordillera Autonomous
Region never came to be and the provinces were reorganized into the Cordillera Administrative
Region without the expanded powers of an autonomous region.
An autonomous region is governed by the regional governor; its legislature is the regional
legislative assembly.
2. Provinces Outside the lone autonomous region, the provinces are the highest-level LGUs.
The provinces are organized into component cities and municipalities.
A province is governed by the governor; it’s legislature is the Sangguniang Panlalawigan.
3.Cities
Cities are of somewhat complex matter; most cities are component cities in which they are a
part of a province. Several other cities are highly urbanized cities and independent component
cities, these cities are not politically a part of any province, hence city residents are not allowed
to run for provincial offices. Cities are composed of barangays.
A City is governed by the mayor; it’s legislature is the Sangguniang Panlungsod.
4.Municipalities
Municipalities are always a part of a province except for Pateros which was separated from
Rizal to form Metro Manila. Just as cities, municipalities are composed of barangays. A
municipality is governed by the mayor; it’s legislature is the Sangguniang Bayan.
5.Barangay
Barangays are the smallest of the independently elected Local Government Units. Barangays
can be further divided into sitios and purok but those divisions do not have leaders elected in
formal elections supervised by the national government. A barangay's executive is the Punong
Barangay or barangay captain and its legislature is the Sangguniang Barangay, composed of
barangay captain, the Barangay Kagawads (barangay councilors) and the SK Chairman. The
SK chairman also leads a separate assembly for youth, the Sangguniang Kabataan or SK. The
center of governance is thebarangay hall.
____________________________________________________________

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Highly Urbanized Cities: Cities with a minimum population of two hundred thousand (200,000) inhabitants, as
certified by the Philippine Statistics Authority, and with the latest annual income of at least fifty
million peso (₱50,000,000) based on 1991 constant prices, as certified by the city treasurer. (e.g. Baguio, Cagayan
de Oro, Davao City, Manila,Marikina, Muntinupa, Quezon City, Pasay, Puerto Princesa etc. see link)
Independent Component Cities (5) Cities of this type have charters that explicitly prohibit their residents from voting
for provincial officials. All five of them are considered independent from the province in which they are geographically
located located: Cotabato, Dagupan (Pangasinan), Naga (CamarinesSur), Ormoc (Leyte) and Santiago (Isabela)
Component Cities (107): Cities which do not meet the preceding requirements are deemed part of the province in
which they are geographically located. If a component city is located along the boundaries of two or more provinces,
it shall be considered part of the province of which it used to be a municipality. (e.g. Alaminos (Pangasinan),
Antipolo (Rizal), Bacoor (Cavite), Gapan (Nueva Ecija),SanFernando (Pampanga)
SourceThe Local Government Code of the Philippines Data on population and land area are from the Philippine
StatisticsOpen StreetMap Open Data Commons Open Database License

LESSON 5 CITIZENSHIP, and the exercise of Suffrage

Learning Objectives:
When you finish this lesson, you will be able to do the following:
1. Differentiate citizenship from nationality
2. Enumerate the different modes of acquiring citizenship
3. Identify ways on how to loose and reacquire one’s citizenship.
4. Understand the qualifications and requirements on the exercise of suffrage

Introduction
Citizenship refers to the membership in a political community with all its concomitant rights
and responsibilities, while a Citizen is member of a democratic political community; one who
owes allegiance to a given state, enjoys full civil and political rights, and is entitled to its
protection. The citizens are the people who compose the community who, in their associated
capacity have established or submitted themselves to the dominion of a government for the
promotion of their general welfare and for the protection of their individual as well as collective
rights (Escata vs. Arcilla, L-2819, May 20,1951). Nationality on the other hand, refers to where an
individual was born and come from. It does not necessarily include the right or privilege of
exercising civil or political rights.

Alien – a citizen of a country who is residing in or passing through another country. He is also
called “foreigner”. He is not given full rights to citizenship but is entitled to receive protection as
to his person and property.

I connection with this, the right of Suffrage as conferred by the Constitutional provision is not a
natural right of the citizens, but a political right intended to enable them to participate in the
process of government to assure it derives its powers from the consent of the governed.
(Pungutan vs. Abubakar, L-33541, 20 June 1972). It can be exercised upon the fulfillment of
the condition set upon by law. (see Sec.1, Art.2)

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The following are citizens of the Philippines: (Article IV Sec.1)

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine
Citizenship upon reaching the age of majority; and
4. Those who are naturalized in accordance with law.

Natural-born citizens are those who are citizens from birth without having to perform any
act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship
in accordance with the Constitution shall be deemed natural-born citizens
(Sec. 2, Article IV)
Naturalized citizen Refer to those who were originally citizens of another country. But
who, by an intervening act, have acquired new citizenship in a different country
(see modes of acquiring citizenship)

Modes of acquiring citizenship

1. By birth
• Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual
acquires the nationality of his/her natural parent/s. The Philippines adheres to this
principle.
• Jus Soli (right of soil) which is the legal principle that a person's nationality at birth is
determined by the place of birth (ie, the territory of a given state)
2. By naturalization
Naturalization signifies the act of formally adopting a foreigner into the
political body of a nation by clothing him or her with the privileges of a citizen.
Under current and existing laws, there are three ways by which an alien may
become a citizen by naturalization:
(a) administrative naturalization pursuant to R.A. No. 9139;
(b) judicial naturalization pursuant to C.A. No. 473, as amended; and
(c) legislative naturalization in the form of a law enacted by Congress bestowing
Philippine citizenship to an alien. (So v. Republic, GR 170603, 29 January 2007)
3. By Marriage
4. By Election– those who became citizens by electing a particular citizenship

Lossing of citizenship
Under Commonwealth Act No. 63, a Filipino citizen may lose citizenship:
1. By naturalization in a foreign country;
2. By express renunciation of citizenship;
3. By subscribing to an oath of allegiance to support the constitution or laws of
a foreign country upon attaining twenty-one years of age or more;
4. By accepting commission in the military, naval or air service of a foreign
country;

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 5. By cancellation of the certificate of naturalization;
6. By having been declared by competent authority, a deserter of the
Philippine armed forces in time of war, unless subsequently, a plenary
pardon or amnesty has been granted: and
7. In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws
in force in her husband’s country, she acquires his nationality. (Valles v.
Comelec, 9 August 2000)

Note that No. [1] has already been modified by Republic Act 9225, under which Filipino citizens
who become naturalized citizens of a foreign country may retain their Filipino citizenship by
complying with the provisions of RA 9225.
Note that No. [7] has been repealed by the 1987 Constitution. It is no longer a ground for loss of
citizenship under the 1987 Constitution, which provides that citizens of the Philippines who marry
aliens shall retain their citizenship, unless by their act or omission they are deemed, under the
law, to have renounced it. (Section 4, Article IV) The voluntary loss or renunciation of one’s
nationality is called expatriation

Reacquiring Philippine Citizenship

Filipino citizens who have lost their citizenship may however reacquire the same in the manner
provided by law. Commonwealth Act No. 63 (C.A. No. 63), enumerates the three modes by which
Philippine citizenship may be reacquired by a former citizen:

1. by naturalization,
2. by repatriation, and
3. by direct act of Congress.

Naturalization v. Repatriation
Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship.
As a mode of initially acquiring Philippine citizenship, naturalization is governed by
Commonwealth Act No. 473, as amended. On the other hand, naturalization as a mode for
reacquiring Philippine citizenship is governed by Commonwealth Act No. 63. Under this law, a
former Filipino citizen who wishes to reacquire Philippine citizenship must possess certain
qualifications and none of the disqualifications mentioned in Section 4 of C.A. 473.

Repatriation, on the other hand, may be had under various statutes by those who lost
their citizenship due to: (1) desertion of the armed forces; (2) service in the armed forces of the
allied forces in World War II; (3) service in the Armed Forces of the United States at any other time;
(4) marriage of a Filipino woman to an alien; and (5) political and economic necessity.

As distinguished from the lengthy process of naturalization, repatriation simply

consists of the taking of an oath of allegiance to the Republic of the Philippines and registering
said oath in the Local Civil Registry of the place where the person concerned resides or last resided.
(Bengson III v. House Electoral Tribunal, 07 May 200)

Repatriation is not a matter of right, but it is a privilege granted by the State. This is
mandated by the 1987 Constitution under Section 3, Article IV, which provides that citizenship may

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be lost or reacquired in the manner provided by law. The State has the power to prescribe by law
the qualifications, procedure, and requirements for repatriation. It has the power to determine if
an applicant for repatriation meets the requirements of the law for it is an inherent power of the
State to choose who will be its citizens, and who can reacquire citizenship once it is lost. (Tabasa v.
Court of Appeals, 29 August 2006)

Effect of repatriation
Repatriation results in the recovery of the original nationality. This means that a
naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized
Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his
Philippine citizenship, he will be restored to his former status as a natural-born Filipino.
(Bengson v. HRET, 07 May 2001)

Effect of Marriage of Citizen to an Alien (Sec. 4)

Citizens of the Philippines who marry aliens shall retain their citizenship unless by their own act
of omission they are deemed, under the law, to have renounce it.The Constitution does not
prohibit Dual Citizenship, likewise our laws do not encourage the same.

Dual allegiance v. Dual citizenship (Sec.5)

Dual citizenship is different from dual allegiance. The former arises when, as a result of
the concurrent application of the different laws of two or more states, a person is simultaneously
considered a national by the said states. For instance, such a situation may arise when a person
whose parents are citizens of a state which adheres to the principle of jus sanguinis is born in a
state which follows the doctrine of jus soli. Such a person, ipso facto and without any voluntary
act on his part, is concurrently considered a citizen of both states.

Dual allegiance, on the other hand, refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or more states. While dual citizenship is
involuntary, dual allegiance is the result of an individual's volition. With respect to dual allegiance,
Article IV, Section 5 of the Constitution provides: "Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law." (Mercado v. Manzano, 367 Phil. 132 [1999])

Under the Balikbayan Law, a Filipino citizen’s (including dual citizens and former
Filipinos) foreign spouse and children are entitled to a visa-free entry to the Philippines and
visa-free stay for a period of one (1) year, provided they enter the Philippines with the said
Filipino and they have a return air travel ticket.

DUTIES and OBLIGATION of CITIZENS

 To be loyal to the Republic
 To defend the States (Sec.3,Art.2 Constitution)
 T contribute to the development and welfare of the State
 To uphold the constitution and obey the laws
 To cooperate with duly constituted authorities
 To exercise rights responsibly and with due regard to the rights of others
 To engage in gainful works
 To register and vote (Suffrage,Art.5 Phil. Constitution)

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SUFFRAGE (Art. V)
It refers to the right and obligation to vote in the election of all public officials and in the
determination of all questions submitted to the people for their ratification
(Martin, Phil. Govt, p.91)

As provided for by the Constitution, Suffrage may be exercised by all citizens of the Philippines
not otherwise disqualified by law (Sec.1,Art.V)

Qualifications of voters
1. A citizens of the Philippines not otherwise disqualified by law.
2. At least 18 years of age
3. Have resided in the Philippines for at least one (1) year and at least six (6) months
immediately preceding the election in the place where he proposes to vote
4. Not otherwise disqualify by law.

Disqualified Voters
1. Any person who has been sentenced by final judgment to suffer imprisonment of not less
than one (1) year, such disability not having been removed by plenary pardon; but such person
shall automatically reacquire the right to vote upon expiration of 15 years after service of
sentence.
2 .Any person who has been adjudged by final judgment by competent court of having violated
his oath of allegiance to the Republic of the Philippines.
3. Insane, feeble minded or incompetent persons as declared by competent authority

No literacy, property or substantive requirement (education, sex, tax paying ability) shall be
imposed on the exercise of suffrage. Property requirement is inconsistent with social justice
principle (presupposes equal opportunity for all rich and poor alike).

Secrecy and Sanctity of the ballot. (Sec.2,Art.V)) The Congress shall

• Provide a system for securing the secrecy & sanctity of the ballot as well as a system
for absentee voting by qualified Filipino abroad.
• Design a procedure for the disabled and the literates to vote without the assistance of
other persons that will enable them to secretly cast their ballots.
__________________________________________________________________________________
Note:
Plebiscite – (popular vote) ratify or reject constitutional amendments or proposed laws
Referendum - (direct vote of the people) adopt or reject any act or measure which has been passed by a
legislative body
Initiative – the right of the people to propose & enact laws (Art. XVII, sec.2)

Exercises
1. Differentiate Natural Born Citizen from Naturalized Citizen
2. Who are citizens of the Philippines as provided for by the Constitution?
3. Explain the reason behind the constitutional prohibition against dual allegiance.
4. Discuss the similarities and differences of repatriation and naturalization.
5. Discuss the Modes of acquiring citizenship
6. Define suffrage
7. Enumerate the qualifications and disqualifications to vote

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