Philippine Politics

WEEK 7: Delegation of Powers:

CONSTITUTIONAL PRINCIPLES TO REMEMBER: - As a general rule, what has been delegated

cannot be re-delegated.
Doctrine of Separation of Powers:
XPNs:
- The principle of separation of powers ordains
that each of the three great branches of - Delegation to the People through initiative
government has exclusive cognizance of and and referendum Emergency powers
supreme in matters falling within its own delegated by Congress to the President
constitutionally allocated sphere. Congress may delegate Tariff powers to the
President Delegation to Administrative
Purpose:
bodies (Power of Subordinate Legislation or
- To prevent the concentration of authority in Quasi-Legislative Power) Delegation to Local
one person or group of persons that might Governments (may enact ordinances)
lead to irreparable error or abuse in its
DEFINITION OF TERMS:
exercise to the detriment of republican
institutions. Legislative Power
Principle of Checks and Balances: - the power or competence of the legislature
to enact, ordain, alter, or modify, repeal, or
- Allows one department to resist
abrogate existing laws.
encroachments upon its prerogatives or to
rectify mistakes or excesses committed by Law
the other departments.
- a rule of conduct, just, obligatory, and
Examples: promulgated by legitimate authority for
common observance and benefit.
- A president may veto a bill passed by the
Congress. He may also pardon a criminal Bicameralism
Congress may impeach a President and SC
Justices - a system of government in which the
- SC may declare the acts of congress and the legislature comprises two houses.
Executive Department as unconstitutional.
ARTICLE VI, SECTION 1
Principle of Blending of Powers:
Section 1
- Refers to an instance when powers are not
- The legislative power shall be vested in the
confined exclusively within one department
Congress of the Philippines which shall
but are assigned to or shared by several
consist of a Senate and a House of
departments
Representatives, EXCEPT to the extent
Example: reserved to the people by the provision on
initiative and referendum
- Power of appointments by each department;
General Appropriations Law (President
prepares a budget which could be adopted
by the Congress)
 Philippine Politics
WHO MAY EXERCISE LEGISLATIVE POWER? DISQUALIFICATIONS

Two Kinds of Legislative Power: - Those who served the maximum term limit.
- 'Those who did not possess any of the
[1] Original legislative power (by the people)
qualifications required.
- Initiative has been described as an - Those declared by competent authority as
instrument of direct democracy whereby the insane or incompetent.
citizens directly propose and legislate laws. - Those convicted by final judgment of the
- Referendum is the power of the electorate to crime of subversion, insurrection, rebellion,
approve or reject a legislation passed by or any offense for which he has been
legislative bodies. sentenced to a penalty of not more than 18
months, or a crime involving moral
[2] Derivative legislative power (by legislative turpitude, unless given plenary pardon o
bodies) granted amnesty. (lifted after 5 years from
service of sentence)
CONGRESS
- 'Those who are permanent residents of or
- Composition: Sec. 2 and Sec. 5 immigrants to a foreign country, unless he
- Qualifications: Sec. 3 and Sec. 6 has waived his status as such
- Terms in Office: Sec. 4 and Sec. 7
KINDS OF ELECTIONS FOR MEMBERS OF CONGRESS

Regular Election

- held every second Monday of May, every

three years.

Special Election

- called in case of vacancy

PARLIAMENTARY IMMUNITY

Section 11
TWO KINDS OF REPRESENTATIVES
- A Senator or Member of the House of
District Representatives
Representatives shall, in all offenses
- elected from legislative districts apportioned punishable by NOT MORE THAN SIX YEARS
among the provinces, cities, and Metro imprisonment, be privileged from arrest
Manila arca while the Congress is in session.
- No Member shall be questioned nor be held
Party-list Representatives liable in any other place for any speech or
debate in the Congress or in any committee
- constitute 20% of the total number of
thereof.
representatives, elected through a party-list
system of registered national, regional, and
sectoral parties or organizations.
 Philippine Politics
FORBIDDEN AND INCOMPATIBLE OFFICE QUORUM

Section 13 - Such number which enables a body to

transact its business and gives such body the
- No Senator or Member of the House of
power to pass a law or ordinance or any valid
Representatives may hold any other office or
act that is binding. In our constitution, it is
employment in the Government, or any
required that the quorum be a majority of
subdivision, agency, or instrumentality
each house.
thereof, including government-owned or
- May compel attendance, except for those
controlled corporations or their subsidiaries,
with legitimate reasons.
during his term without forfeiting his seat.
Neither shall he be appointed to any office ELECTED OFFICERS OF CONGRESS
which may have been created or the
emoluments thereof increased during the - Senate President
term for which he was elected. - Speaker of the House
- Other Officers as may deemed necessary
INCOMPATIBLE OFFICE
OTHER POWERS AND FUNCTIONS
- First sentence of Sec. 13
- Effect: automatically forfeits his seat - To act as a canvassing body for the
- Exceptions: position held in an ex-officio Presidential and Vice-Presidential elections
capacity and proclaim the persons duly elected. (Sec.
4141, Art. VII)
FORBIDDEN OFFICE - 'To concur to amnesty granted by the
President (Sec. 19|2], Art. VII)
- Second sentence of Section 13.
- 'The Senate shall concur to treaties or
- A prohibition!
international agreements entered into by
- Even if he is willing to forfeit his seat, he may
the President. (Sec. 21, Art. VII)
not be appointed to said office.
- The House of Representatives shall initiate
the impeachment process. (Sec. 2, Art. XI)
SESSIONS
- The Senate shall try and decide all
Section 15 impeachment cases. (Sec. 3[61, Art. XI)

- The Congress shall convene once every year CLASSIFICATIONS OF LEGISLATIVE POWERS
on the fourth Monday of July for its regular
session, unless a different date is fixed by - General Legislative Powers
law, and shall continue to be in session for - Implied Powers
such number of days as it may determine - Inherent Powers
until thirty days before the opening of its - Specific Legislative Powers
next regular session, exclusive of Saturdays, - Executive Powers
Sundays, and legal holidays. The President - Supervisory Powers
may call a special session at any time. - Electoral Powers
- Judicial Powers
SESSIONS - Miscellaneous Powers

- Regular Session
- Special Session
- Executive Session: a secret or close door
session when matters concerning national
interest are to be discussed
 Philippine Politics
CLASSIFICATION OF POWER OF CONGRESS

The powers of Congress may be classified into:

General Legislative Power

- It is the power to enact laws intended as

rules of conduct to govern the relations
among individuals or between the
individuals and the State.

Specific Powers

- Powers which the Constitution expressly

directs or authorizes Congress to exercise like
the power to choose who shall become
President in case two or more candidates
have an equal and highest number of votes
(Art. VII, Sec. 4, par 4), to confirm certain
appointments by the President (Ibid., Sec.
16), to promote social justice (Art. XIII, Sec.
1.), to declare the existence of a state of war
(Sec. 23[1].), to impose taxes (Sec. 28[1].), to
appropriate money (Art. 29[1].), to impeach
(Art. XI, Sec. 2.), to act as a constituent
assembly (Art. XVII, Sec. 1.)

Implied powers

- They are those essential or necessary to the

effective exercise of the power expressly
granted, like the power to conduct inquiry
and investigation in aid of legislation (Sec.
21.), to punish for contempt, to determine
the rules of its proceedings (Sec. 16 [3].)

Inherent powers

- They are the powers which are possessed

and can be exercised by every government
because they exist as an attribute of
sovereignty.
 Philippine Politics
WEEK 8: SECTION 18

CLASSIFICATIONS OF LEGISLATIVE POWERS - There shall be a Commission on

Appointments consisting of the President of
- General Legislative Powers
the Senate, as ex officio Chairman, twelve
- Implied Powers
Senators and twelve Members of the House
- Inherent Powers
of Representatives, elected by each House
- Specific Legislative Powers
on the basis of proportional representation
- Executive Powers
from the political parties and parties or
- Supervisory Powers
organizations registered under the party-list
- Electoral Powers
system represented therein.
- Judicial Powers
- 'The Chairman of the Commission shall not
- Miscellaneous Powers
vote, except in case of a tie.
- The Commission shall act on all
HRET AND SET
appointments submitted to it within thirty
SECTION 17 session days of the Congress from their
submission. The Commission shall rule by a
- The Senate and the House of majority vote of all the Members.
Representatives shall each have an Electoral
Tribunal, which shall be the sole judge of all SECTION 19
contests relating to the election, returns, and
- The Electoral Tribunals and the Commission
qualifications of their respective Members.
on Appointments shall be constituted within
- Electoral Tribunal shall be composed of nine
thirty days after the Senate and the House of
Members, three of whom shall be Justices of
Representatives shall have been organized
the Supreme Court to be designated by the
with the election of the President and the
Chief Justice, and the remaining six shall be
Speaker. The Commission on Appointments
Members of the Senate or the House of
shall meet only while the Congress is in
Representatives, as the case may be, who
session, at the call of its Chairman or a
shall be chosen on the basis of proportional
majority of all its Members, to discharge
representation from the political parties and
such powers and functions as are herein
the parties or organizations registered under
conferred upon it.
the party-list system represented therein.
The senior Justice in the Electoral Tribunal
APPROPRIATIONS LAW
shall be its Chairman.
Sec. 24, Art. VI
COMMISSION ON APPOINTMENTS
- All appropriation, revenue or tariff bills, bills
- 'The Commission on Appointments acts as a authorizing increase of the public debt, bills
legislative check on the appointing authority of local application, and private bills, shall
of the President. originate exclusively in the House of
- For the effectivity of the appointment of Representatives, but the Senate may
certain key officials enumerated in the propose or concur with amendments.
Constitution, the consent of the Commission
on Appointments is needed
 Philippine Politics
KINDS OF APPROPRIATIONS Private bill

Annual or general appropriations - one affecting purely private interest, such as

one granting a franchise to a person or
- The general appropriations bill is more
corporation, or compensation to a person for
popularly known as the budget;
damages suffered by him for which the
Special or supplemental appropriations government considers itself liable.

- it specifies the purpose for which it is PROCESS OF LAW -MAKING

intended, and shall be supported by funds
Requirements as to bills
actually available as certified by the National
Treasurer, or to be raised by a corresponding Requirements as to Certain Laws
revenue proposal therein;
Sec. 25, Art. VI
Specific appropriations
- The Congress may not increase the
- One which sets aside a named sum of money appropriations recommended by the
for the payment of a particular expense; and President for the operation of the
Government as specified in the budget. The
Continuing appropriations
form, content, and manner of preparation of
- One which provides a definite sum to be the budget shall be prescribed by law.
always available from year to year, without - No provision or enactment shall be
the necessity of further legislative action. embraced in the general appropriations bill
unless it relates specifically to some
MEANING OF OTHER BILLS particular appropriation therein. Any such
provision or enactment shall be limited in its
Appropriations bill
operation to the appropriation to which it
- The primary and specific aim of which is to relates.
make appropriations of money from the
Sec. 25, Art. VI
public treasury.
- The procedure in approving appropriations
Revenue bill
for the Congress shall strictly follow the
- one the primary and specific purpose of procedure for approving appropriations for
which is to raise revenue other departments and agencies
- A special appropriations bill shall specify the
Tariff bill purpose for which it is intended, and shall be
- as used in the Constitution, it has reference supported by funds actually available as
to one imposing customs duty for revenue certified by the National Treasurer, or to be
purposes raised by a corresponding revenue proposed
therein.
Bill authorizing increase of the public debt - No law shall be passed authorizing any
transfer of appropriations; however, the
- one which creates public indebtedness such
President, the President of the Senate, the
as a bill providing for the issuance of bonds
Speaker of the House of Representatives, the
and other forms of obligations
Chief Justice of the Supreme Court, and the
Bill of local application heads of Constitutional Commissions may, by
law, be authorized to augment any item in
- one affecting purely local or municipal the general appropriations law for their
concerns like one creating a city or respective offices from savings in other items
municipality or changing its of their respective appropriations.
 Philippine Politics
- Discretionary funds appropriated for meet a public calamity or emergency. Upon
particular officials shall be disbursed only for the last reading of a bill, no amendment
public purposes to be supported by there to shall be allowed, and the vote
appropriate vouchers and subject to such thereon shall be taken immediately
guidelines as may be prescribed by law. thereafter, and the yeas and nays entered in
- (7) If, by the end of any fiscal year, the the Journal.
Congress shall have failed to pass the general
Sec. 27, Art. VI
appropriations bill for the ensuing fiscal year,
the general appropriations law for the - The President shall have the power to veto
preceding fiscal year shall be deemed any particular item or items in an
reenacted and shall remain in force and appropriation, revenue, or tariff bill, but the
effect until the genre. appropriations bill is veto shall not affect the item or items to
passed by the Congress. which he does not object.
Procedure for Passage of Bills Sec. 29, Art. VI
Sec. 26, Art. VI - No money shall be paid out of the Treasury
except in pursuance of an appropriation
- No bill passed by either House shall become
made by law.
a law unless it has passed three readings on
separate days, and printed copies thereof in Power of Congress to declare existence of a state of
its final form have been distributed to its war
Members three days before its passage...
Upon the last reading of a bill, no Sec. 23, Art. VI
amendment thereto shall be allowed, and
- The Congress, by a vote of two-thirds of
the vote thereon shall be taken immediately
both Houses in joint session assembled,
thereafter, and the yeas and nays entered in
voting separately, shall have the sole power
the Journal.
to declare the existence of a state of war.
Three ways for the bill to become a law - In times of war or other national emergency,
the Congress may, by law, authorize the
- When it is approved by the President; President, for a limited period and subject to
- When the vote of the President is overridden such restrictions as it may prescribe, to
by a two-thirds vote of all the members of exercise powers necessary and proper to
both houses; & carry out a declared national policy. Unless
- Upon failure of the President to veto the bill sooner withdrawn by resolution of the
and to return it with his objections, to the Congress, such powers shall cease upon the
House where originated, within 30 days after next adjournment thereof.
the date of receipt.
One Subject, One Title Rule
Sec. 26, Art. VI
- To prevent "hodge-podge", "log-rolling", or
- Every bill passed by the Congress shall the smuggling in of "riders."
embrace only one subject which shall be - To prevent surprise or fraud upon the
expressed in the title thereof. legislature.
- No bill passed by either House shall become - To fairly apprise the people of the subjects of
a law unless it has passed three readings on legislation that are being considered in order
separate days, and printed copies thereof in that they may have the opportunity of being
its final form have been distributed to its here thereon, by petition or otherwise, if
Members three days before its passage, they should so desire.
except when the President certifies to the
necessity of its immediate enactment to
 Philippine Politics
- But the title need not be a complete - No law granting any tax exemption shall be
catalogue of a bill. In any case, a title must passed without the concurrence of a
not be "so uncertain that the average person majority of all the Members of the Congress.
reading it would not be informed of the
purpose of the enactment." MEANING OF A BILL

- A bill is a draft of the legislative before it

MEANING OF BUDGET
becomes a law. It is a proposed law. No bill
- A budget is the financial program of the may be embraced in more than one subject
national government for a designated to be expressed in the title.
calendar year, consisting of statements of - Hodge-podded legislation: any proposed
estimated receipts from revenues and measure consisting of general or more
expenditures for the salendar on which it is unrelated subjects, but are integrated in the
intended to be effective based on the results proposal in order to guarantee support from
of operations during the preceding calendar members of the Congress. (these are not
year. valid.)
- Each house may propose a bill. (House Bill or
WHAT IS A BILL?
Senate Bill) Republic Act - enacted law
- A bill is a draft of a law submitted to the
COMPONENTS OF THE LAW
consideration of a legislative body for its
adoption. Title
WHAT IS A RESOLUTION? - refers to the subject matter of the law, or the
Act carried by the legislative
- A resolution has been defined as a formal
expression of opinion, will, or intent by an department, and the executive as well.
official body or assembled body.
Preamble
RULE OF TAXATION
- introduces the objectives for the enactment
Sec. 28, Art. VI of the Act and explains the general reasons
for such legislation.
- The rule of taxation shall be uniform and
equitable. The Congress shall evolve a Enacting Clause
progressive system of taxation.
- refers to the collective and distinct will of
- The Congress may, by law, authorize the
both Houses to enact an act or a bill.
President to fix within specified limits, and
Enacting clause specifically states the reason
subject to such limitations and restrictions as
for the legislation Act.
it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and Body
other duties or imposts within the
framework of the national development - pertains to the total substance or content of
program of the Government. the proposed bill
- Charitable institutions, churches and
Repealing Clause
parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, - declares a previous law or a specific
and all lands, buildings, and improvements, provision of a previous law as receive
actually, directly, and exclusively used for
religious, charitable, or educational
purposes shall be exempt from taxation.
 Philippine Politics
Effectivity Clause

- indicates the time at which the law shall take

eftect.

First Reading

- Referral to appropriate committee

Second Reading

- Debates
- Printing and distribution
- Essentially...

Third Reading

- Referral to the other House

- Submission to joint bicameral committee
- Submission to the President

VETO POWER OF THE PRESIDENT

- The word veto is the Latin term for "I forbid"

or "deny."
- It is the power vested in the President to
disapprove acts passed by Congress. The
veto message to the House where the bill
originated explains his objections to the bill.

When does a bill becomes a law?

- When signed by the President

- When vetoed by the President, but overrode
by the Congress When the bill lapse into law
after 30 days from receipt thereof due to
Presidential inaction.
 Philippine Politics
WEEK 9: - Congress, upon determination of the
authenticity and due execution, shall canvass
EXECUTIVE DEPARTMENT
the votes.
Sec. 1, Art. VII - Person having the highest number of votes
shall be proclaimed elected
- The executive power shall be vested in the - In case of tie, one will be chosen by the vote
President of the Philippines of majority of all the members of both
Houses of Congress, voting separately.
Executive Power

- Executive power has been defined as the TERM OF OFFICE

power to administer the laws, which means Sec. 4, Art. VIII
carrying them into practical operation and
enforcing their due observance. - 6 years, which shall begin at noon on the
- 30th day of June next following the day of
QUALIFICATIONS, ELECTION, AND TERM OF THE the election and shall end at noon of the
PRESIDENT AND VICE PRESIDENT same day 6 years thereafter
Natural-born citizen of the Philippines; TERM OF OFFICE DISTINGUISHED FROM TENURE
OFFICE; RIGHT TO HOLD OFFICE; AND OFFICE
Sec. 2, Art. VII
Term of Office
- A registered voter:
- Able to read and write; - refers to the period during which an officer
- At least 40 years of age on the day of the may claim to hold the office as a matter of
election: and right
- A resident of the Philippines for at least 10
years immediately preceding such election. Tenure of Office

Sec. 3, Art. VII - period during which the incumbent actually

holds the office.
- There shall be a Vice-President who shall
have the same qualifications and term of Right to Hold Office
office and be elected with and in the same
- the just and legal claim to enjoy the powers
manner as the President. He may be
and responsibilities of the office
removed from office in the same manner as
the President. Office
- The Vice-President may be appointed as a
- an institutional unit of government, while
Member of the Cabinet. Such appointment
term is a matter of time during which a
requires no confirmation.
person may hold the office.
ELECTION

- Regular Election: Second Monday of May.

- National Board of Canvassers President and
Vice President): Congress
- Returns shall be transmitted to congress
directed to the Senate President
- Joint public session: not later than 30 days
after election date: returns to be opened in
the presence of the Senate and HOR in joint
session
 Philippine Politics
Sec. 5, Art. VII - Where no President and Vice-President shall
have been chosen or shall have qualified, or
- Before they enter on the execution of their
where both shall have died or become
office, the President, the Vice-President, or
permanently disabled, the President of the
the Acting President shall take the following
Senate or. in case of his inability. the Soaker
oath or affirmation:
of the House of Representatives shall act as
- "I do solemnly swear lor affirm\ that I will
- President until a president or a vice-
faithfully and conscientiously fulfill my duties
president shall have been chosen and
as President or Vice-President or Acting
qualitied
President of the Philippines, preserve and
- The Congress shall. by law. provide for the
defend its Constitution, execute its laws, do
manner in which one who is to act as
justice to every man, and consecrate myself
President shall be selected until a President
to the service of the Nation. So, help me
or a Vice-President shall have qualified in
God." In case of affirmation, last sentence
case of death permanent disability. or
will be omitted.
inability of the officials mentioned in the
next preceding paragraph.
OATH OR AFFIRMATION OF THE PRESIDENT, VICE
PRESIDENT, OR ACTING PRESIDENT 2. During Term
- OATH is an outward pledge made under an Sec. 8, Art. VII
immediate sense of responsibility to God.
The oath-taking marks the formal induction - In case of death, permanent disability,
of the President, Vice President, or Acting removal from office. or resignation of the
President in office. President, the Vice-President shall become
- It is mandatory. He cannot enter on the the President to serve the unexpired term. In
execution of his office without taking the case of death, permanent disability, removal
prescribed oath or affirmation. from office, or resignation of both the
President and Vice-President, the President
RULE OF SUCCESSION of the Senate or, in case of his inability. the
Speaker of the House of Representatives,
1. At the Beginning of Term
shall then act as President until the President
Sec. 7, Art. VII or Vice-President shall have been elected
and qualified.
- The President-elect and the Vice-President- - The Congress shall, by law, provide who shall
elect. shall assume office at the beginning of serve as President in case of death,
their terms. ... permanent disability, or resignation of the
- Temporary or Permanent Vacancy in the Acting President. He shall serve until the
President before the Term President or the Vice-President shall have
- No hold-over capacity for President been elected and qualified, and be subject to
- If the President-elect fails to qualify. the Vice- the same restrictions of powers and
President-elect shall act as President until disqualifications as the Acting President.
the President-elect shall have qualified.
- If a President shall not have been chosen, the
Vice-President-elect shall act as President
until a President shall have been chosen and
qualified.
- If the beginning of term of the President, the
President-elect shall have died or shall have
permanently disabled, the Vice-President-
elect shall become President.
 Philippine Politics
VACANCY IN THE OFFICE OF THE VICE PRESIDENT - Voluntary written declaration of the
President
Sec. 9, Art. VII
- First written declaration by majority of the
- Whenever there is a vacancy in the Office of Cabinet
the Vice-President during the term for which - Determination by Congress by 2/3 vote of all
he was elected, the President shall nominate members, voting separately, acting on the
a Vice-President from among the Members second written declaration by majority of the
of the Senate and the House of Cabinet
Representatives who shall assume office - In all these cases, the Vice-President
upon confirmation by a majority vote of all assumes the powers and duties of the office
the Members of both Houses of the as Acting President.
Congress, voting separately.
Sec. 11, Art. VII
CONSTITUTIONAL DUTY OF CONGRESS IN CASE OF
- Voluntary written declaration of the
VACANCY IN THE OFFICES OF THE PRESIDENT AND
President - Whenever the
THE VICE-PRESIDENT
- President transmits to the President of the
Sec. 10, Art. VII Senate and the Speaker of the House of
Representatives his written declaration that
- The Congress shall, at ten o'clock in the he is unable to discharge the powers and
morning of the third day after the vacancy in duties of his office, and until he transmits to
the offices of the President and Vice- them a written declaration to the contrary,
President occurs. convene in accordance such powers and duties shall be discharged
with its rules without need of a call and by the Vice-President as Acting President.
within seven days enact a law calling for a - First written declaration by majority of the
special election to elect a President and a Cabinet - Whenever a majority of all the
Vice-President to be held not earlier than Members of the Cabinet transmit to the
forty-five days later than sixty days from the President of the Senate and to the Speaker
time of such call. The bill calling such special of the House of Representatives their written
election shall be deemed certified under declaration that the President is unable to
paragraph 2, Section 26. Article VI of this discharge the powers and duties of his office,
Constitution and shall become law upon its the Vice-President shall immediately assume
approval on third reading by the Congress. the powers and duties of the office as Acting
Appropriations for the special election shall President.
be charged against any current
appropriations and shall be exempt from the
requirements of paragraph 4. Section 25,
Article VI of this Constitution The convening
of the Congress cannot be suspended nor
the special election postponed. No special
election shall be called if the vacancy occurs
within eighteen months before the date of
the next presidential election.

3. In case of Temporary Disability

- Temporary Vacancy in the Presidency during

the Term
- A vacancy in the Presidency arising from his
disability can occur in any of the following
ways:
 Philippine Politics
RULES OF SUCCESSION DURING TERM

Constitutional Duty of Congress in Case of Vacancy in Situation Who shall act as

the Offices of the President and the Vice-President President
Death, permanent Vice-President to serve
Vacancy Timetable: disability, removal from the unexpired
office, or resignation of term
- 0 days - Vacancy occurs
the
- 3 days - Congress convenes
President
- 3. 10 days - Law providing for special
Death, permanent Senate President or, in
elections should be enacted disability, removal from case of his inability, the
- 55 - 70 days - Election should be held within office, or resignation of Speaker of the House
this period both the shall act as President
- 85 - 100 days - Canvassing by Congress President and Vice- until a President or a
should be done within this period President Vice-President shall
have been chosen and
RULES OF SUCCESSION qualified))
Situation Who shall act as
President PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS
Before the/At the Vice-President-elect
Beginning of the Term Until the President- Official Residence
President-elect fails to elect shall have
qualify qualified Sec. 6, Art. VII.
President shall not have Vice-President-elect - The President shall have an official residence
been chosen until the President-elect
shall have qualified) Salary
Beginning of the term: Vice-President elect
President-elect died or shall become President This shall be determined by law. It shall not be
became permanently decreased during tenure. No increase shall take effect
disabled until after the expiration of the term of the incumbent
No President and Vice- Senate President or, in which such increase was approved. (Sec. 6, Art. VII.)
President have been case of his inability.
chosen or shall have the Speaker of the Presidential Privilege
qualified House shall act as
- It is "the right of the President and high-level
President until a
executive branch officers to withhold
President or a Vice-
President shall have information from Congress, the courts, and
been chosen and ultimately the public."
qualified
The Vice-President
Both President and
Vice-President died or - Qualifications, election and term of office
became permanently and removal are the same as the President,
disabled except that no Vice- President shall serve for
more than 2 consecutive terms
- The Vice-President may be appointed as a
member of the Cabinet; such requires no
confirmation by the Commission of
Appointments.
 Philippine Politics
Prohibitions on the Executive Department Power to Control

The following prohibitions apply to: - The President may (al nullify. modify
judgments of subordinates Sec. 17, Art. VII: b
- President
undo or redo actions of subordinates; and c
- Vice-President
lay down rules for the performance of
- The members of the Cabinet, and their
subordinates' duties.
deputies’ assistants.
Power of Supervision
PROHIBITED ACTS
- This refers to the oversight function. The
Sec. 13, Art. VII
Executive must see to it that rules, which it
- Shall not receive any other emoluments from did not make, are followed.
the government or any other source For
Diplomatic Powers
President and Vice-President. Sec. 6. Art. VIII.
- Unless otherwise provided in the - Including Power to Enter into Treaties
constitution, shall not hold any other office
Sec. 18, Art. VII
or employment
- Shall not directive or indirective Commander-in-Chief Powers
a. Practice any other profession
b. Participate in any business; or Call Out Power
c. Be financially interested in any contract with,
- Armed forces to suppress lawless violence
or in any franchise or special privilege
- Suspension of the privilege of the Writ of
granted by the government or any
Habeas Corpus: Only [a) in times of rebellion
subdivision. agency. or instrumentality
or invasion; AND b when required by public
thereof. including government-owned or
safety
controlled corporate or their subsidiaries
Sec. 13, Art. VII. Martial Law
- Strictly avoid conflict of interest in the
conduct of their office [Sec. 13. Art. VIl]. - Does not suspend the Constitution
- May not appoint a spouse: or b relatives by Power of Legislation a Veto Power
consanguinity or affinity within the fourth
civil degree as members of the Constitutional - Power to Deciare emergency Integrative
Commissions, or the Office of the Power: Powers shared with legislative:
Ombudsman, or as Secretaries, legislation during times of emergency
Undersecretaries, chairmen or heads of
Residual Power
bureaus or offices. including government-
owned or controlled corporations and their - To protect the general welfare of people
subsidiaries.
Informing Power
POWERS OF THE PRESIDENT
- Address Congress during opening of session,
Summary of Presidential Powers or at any other time Sec. 23, Art. VIl

Power of Appointment Other Powers

- The legislative can create office, but only the - Power to Pardon
Executive can fill it; Congress cannot - Power to Grant Amnesty
circumvent this by setting very narrow - Borrowing Power
qualifications such that only one person is - Budgetary Power
qualified to hold office. - General Executive and Ministrative Power
 Philippine Politics
EXECUTIVE POWER - Does not entail payment of additional
benefits or grants upon the person so
Sec. 17, Art. VII.
designated National Amnesty Commission v.
- This refers to the President's power to COA, G.R. No. 156982 (2004)
enforce, implement, and administer laws.
Commission
The President shall ensure that the laws be
faithfully executed - Written Evidence of the appointment.

POWERS OF THE PRESIDENT STEPS IN THE APPOINTING PROCESS

Power of Appointment - Nomination By the President

- Confirmation By the Commission on
[A] In General
Appointments
- The President shall nominate and, with the - Issuance of the Commission
consent of the Commission on - Acceptance By the Appointee
Appointments, appoint the heads of the
[B] Types of appointment
executive departments, ambassadors, other
public ministers and consuls, or officers of Regular Appointment
the armed forces from the rank of colonel or
- If The Ca [Congress] Is in Session
naval captain, and other officers whose
appointments are vested in him in this Ad Interim
Constitution. He shall also appoint all other
officers of the Government whose - During the recess of congress because the ca
appointments are not otherwise provided shall meet only while
for by law, and those whom he may be - Congress is in session sec. 19, art. Vi].
authorized by law to appoint. The Congress
Temporary appointment
may, by law, vest the appointment of other
officers lower in rank in the President alone, - Can be withdrawn or revoked at the pleasure
in the courts, or in the heads of departments, of the appointing power. The appointee does
agencies, commissions, or boards. not enjoy security of tenure.
- The President shall have the power to make
appointments during the recess of the [C] Limitations on the Exercise
Congress, whether voluntary or compulsory. Sec. 13 2), Art. VII
but such appointments shall be effective only
until after disapproval by the Commission on - The spouse and relatives by consanguinity or
Appointments or until the next adjournment affinity within the 4th civil degree of the
of the Congress. President shall not, during his “tenure", be
appointed as:
Appointment a. Members of the constitutional Commission;
- Selection by the proper authority of an b. Members of the office of the Ombudsman;
individual who is to exercise the powers and c. Secretaries
functions of a given office. Appointee has a d. Undersecretaries;
right to claim compensation as stated in the e. Chairman or heads of bureaus or offices,
appointment. including GOCCs and their subsidiaries.

Designation Recess (Ad Interim) Appointments

- Imposition of additional duties, usually by - The President shall have the power to make
law, upon a person already in the public appointments during the recess of the
service by virtue of an earlier appointment. Congress, whether voluntary or compulsory,
 Philippine Politics
but such appointments shall be effective only Nature Grant
until disapproval by the Commission on
- Congress is the repository of emergency
Appointments or until the next adjournment
powers. This is evident in the tenor of Sec. 23
of the Congress [Sec. 16 2). Art. VII].
[2), Art. VI authorizing it to delegate such
Midnight Appointments Ban powers to the President.

- 2 months immediately before the next Requisites for Grant of Emergency Powers
presidential elections
- Knowing that during grave emergencies, it
- 2nd Monday of March, and up to the end of
may not be possible or practicable for
his "term" June
Congress to meet and exercise its powers,
- 30), a President (or Acting President) shall
the Framers of our Constitution deemed it
not make appointments [Sec. 15 2), Art. VII].
wise to allow Congress to grant emergency
Power of Control and Supervision powers to the President, subject to certain
conditions, thus:
Sec. 17, Art. VII
a. There must be a war or other emergency;
- The President shall have control of all the b. The delegation must be for a limited period
executive departments, bureaus, and office. only:
He shall ensure that the laws be faithfully c. The delegation must be subject to such
executed. restrictions as the Congress may prescribe;
- Control is essentially the power to 1 alter or and
modify or nullify or set aside what a d. The emergency powers must be exercised to
subordinate officer had done in the carry out a national policy declared by
performance of this duties: and 2 substitute Congress.
the judgement of the former with that of the
Concept of Emergency
latter.
- Emergency, as a generic term, connotes the
General Supervision over Local Government Units
existence of conditions suddenly intensifying
and the Autonomous Regions
the degree of existing danger to life or well-
- The President shall exercise general being beyond that which is accepted as
supervision over local government [Sec. 4. normal. The emergency is classifiable under
Art. X]. three principal heads: a) economic. (b|
- The President shall exercise general natural disaster, and c) national security.
supervision over autonomous regions to Emergency as contemplated in the 1987
ensure that laws are faithfully executed [Sec. Constitution, may include rebellion,
16, Art. X]. economic crisis, pestilence or epidemic,
- The President may suspend or remove local typhoon, flood, or other similar catastrophe
officials by virtue of the power delegated to of nationwide proportions or effect.
him by Congress through the Local
Government Code [Sec. 3.Art. XI.

Emergency Powers

- They are delegated by the Congress which

covers such power necessary to carry to a
declared national policy declared by
Congress.
 Philippine Politics
Commander-In-Chief Powers which may attach to executive privilege or
executive control.
Sec. 18, Art. VII
Suspension of the Privilege of the Writ of Habeas
- The President shall be the Commander-in-
Corpus
Chief of all armed forces of the Philippines
and whenever it becomes necessary, he may The requisites for suspension of the privilege of the
call out such armed forces to prevent or writ of habeas corpus:
suppress lawless violence, invasion or
- There must be an actual invasion or
rebellion. In case of invasion or rebellion,
rebellion: and
when the public safety requires it, he may,
- Public safety requires it.
for a period not exceeding sixty days,
suspend the privilege of the writ of habeas Four ways for the Proclamation of Martial Law or the
corpus or place the Philippines or any part Suspension of the privilege of the Writ of Habeas
thereof under martial law. Within forty-eight Corpus to be lifted
hours from the proclamation of martial law
or the suspension of the privilege of the writ - Lifting by the President himself
of habeas corpus, the President shall submit - Revocation by Congress
a report in person or in writing to the - Nullification by the Supreme Court
Congress. - 0peration of law after 60 days
- The Congress, voting jointly, by a vote of at
Declaration of Martial Law and Suspension of the
least a majority of all its Members in regular
privilege of the Writ of Habeas
or special session, may revoke such
proclamation or suspension, which Corpus: Extension
revocation shall not be set aside by the
President. Upon the initiative of the Requisites in proclaiming Martial Law:
President. the Congress may. in the same - Public safety requires the proclamation of
manner, extend such proclamation or martial law all over the Philippines or in any
suspension for a period to be determined by part thereof.
the Congress, if the invasion or rebellion shall - The power to declare martial law and to
persist and public safety requires it. suspend tile privilege of the writ of habeas
- He may call out such armed forces to prevent corpus involve curtailment and suppression
or suppress lawless violence, invasion, or of civil rights and individual freedom.
rebellion. - Thus, the declaration of martial law serves as
- He may suspend the privilege of the writ of a warning to citizens that the Executive
habeas corpus. Department has called upon the military
- He may proclaim martial law over the entire assist in the maintenance of law and order,
Philippines or any part thereof. and while the emergency remains, the
- The President is the Commander-in-Chief of citizens must, under pain of arrest and
all Armed Forces of the Philippines. The punishment, not act in a manner that will
ability of the President to require a military render it more difficult to restore order and
official to secure prior consent before enforce the law. Lagman v. Medialdia, G.R.
appearing before Congress pertains to a No. 231658 2017]
wholly different and independent specie of
presidential authority - the Commander-in-
Chief powers of the President. By tradition
and jurisprudence, the commander-in-chief
powers of the President are not encumbered
by the same degree of restriction as that
 Philippine Politics
Declaration of Martial Law and Suspension of the Executive Clemency
privilege of the Writ of Habeas
Nature and Limitations
Corpus; Extension
Sec. 19, Art. VII
The Role of Congress [Sec. 18 (1) |2], Art. VIl
- Except in cases of impeachment, or as
- Congress may revoke the proclamation of otherwise provided in this Constitution, the
martial law or suspension of the privileges of President may grant reprieves,
the writ of habeas corpus before the lapse of commutations and pardons, and remit fines
60 from the date of suspension or and forfeitures, after conviction by final
proclamation. judgment.
- Upon such proclamation or suspension, - He shall also have the power to grant
Congress shall convene at once. If it is not in amnesty with the concurrence of a majority
session, it shall convene in accordance with of all the Members of the Congress.
its rules without need of a call within 24
General Exceptions to Executive Clemencies
hours following the proclamation or
suspension. - in case or impeachment: and
- Within 48 hours from the proclamation or - As otherwise in this Constitution. e.g., for
the suspension, the President shall submit a election offenses: No pardon. amnesty,
report, in person or in writing, to the parole, or suspension of sentence for
Congress. violation of election laws, rules, and
- The Congress shall then vote jointly, by a regulations shall be granted by the President
majority of all its members. without the favorable recommendation by
the Commission on Election Sec. 5. Art. IXI
The Role of Supreme Court [Sec. 18 (3). Art. VII
- In cases of legislative and civil contempt
The Supreme Court may review, in an appropriate - Before conviction by final judgment [except
proceeding filed by any citizen, the sufficiency of the amnesty|
factual basis of: - Without concurrence of a majority of all
members of Congress (in case of amnesty|
- The proclamation of martial law or the
[Sec. 5. Art. IX]
suspension of the privilege of the write or
- The extension thereof. It must promulgate its Forms of Executive Clemency
decision thereon within 30 days from its
Reprieves
filing.
- Petition for Habeas Corpus - A temporary relief from or postponement of
- When a person is arrested without a warrant execution of criminal penalty or sentence or
for complicity in the rebellion or invasion, he a stay of execution [Black's Law Dictionary]
or someone else on his behalf has the
standing to question the validity of the Commutations
proclamation or suspension.
- Reductions of sentence [Black's Law
- Before the SC can decide on the legality of his
Dictionary].
detention, it must first pass upon the validity
of the proclamation or suspension Amnesty

- A sovereign act of oblivion for past acts,

granted by government generally to a class
of persons who have been guilty usually of
political offenses and who are subject to trial
but have not yet been convicted, and often
 Philippine Politics
conditioned upon their return to obedience Amnesty
and duty within a prescribed time Black's
- Addressed to political offenses
Law Dictionary.
- To classes of persons
Remit fines and forfeitures after conviction by final - Requires concurrence of Congress
judgment. - Looks backward and puts into oblivion the
offense itself
Pardons
- May be extended at any stage
- Permanent cancellation of sentence [Black's
Treaty-Making Power
Law Dictionary.
- As defined by the Vienna Convention on the
Parole
Law of Treaties, "an international instrument
- The suspension of the sentence of a convict concluded between States in written form
granted by a Parole Board after serving the and governed by international law, whether
minimum term of the indeterminate embodied in a single instrument or in two or
sentence penalty, without granting a pardon, more related instruments, and whatever its
prescribing the terms upon which the particular designation" [Bayan v. Executive
sentence shall be suspended. Secretary, G.R. No. 138570 2000.

Diplomatic Power Powers Relative to Appropriation Measures

Scope of Diplomatic Power Fixing of Tariff Rates

- The President, being the head of state, is Sec. 28, Art. VI

regarded as the sole organ and authority in
- The Congress may, by law, authorize the
external relations and is the country's sole
President to (al fix within specified limits, and
representative with foreign nations. Since
2) subject to such limitations and restrictions
the President is the chief architect of foreign
as it may impose:
policy, the President acts as the country's
a. Tariff Rates;
mouthpiece with respect to international
b. Import and export quotas;
affairs.
c. Tonnage and wharfage dues;
The President is vested with the authority to: d. Other duties or imposts within the
framework of the national development
- Deal with foreign states and governments; program of the government
- Extend or withhold recognition;
- Maintain diplomatic relations; Delegated powers
- Enter into treaties; and
Sec. 23 2. Art. VI
- Transact the business of foreign relations
Pimentel v. Executive Secretary, G.R. No. - The President, under martial rule or in a
158088 2005). revolutionary government, may exercise
delegated legislative powers.
Pardon vs. Amnesty

Pardon

- Infractions of peace of the state

- Granted to individuals
- Exercised solely by the executive
- Private act which must be pleaded and
proved
- Extended after final judgment
 Philippine Politics
Emergency Powers Sec. 23, Art. VI veto shall not affect the item or items to
which he does not object.
- In time of war or other national emergency,
the Congress, may, by law, authorize the Executive Privilege
President, for a limited period, and subject to
2 Kinds of Executive Privilege
such restrictions as it may prescribe, to
exercise powers necessary and proper to Presidential Communications Privilege
carry out a declared national policy
- Unless sooner withdrawn by resolution of - communications are presumptively
the Congress, such powers shall cease upon privileged; President must be given freedom
the adjournment thereof. to explore alternatives in policy-making.

Residual Powers Deliberative Process Privilege

- These are the unstated powers possessed by - refer to materials that comprise part of a
the President which are 1 not enumerated in process by which governmental decisions
the Constitution, 2| implied with the grant of and policies are formulated. This includes
executive power, and 3 not possessed by the diplomatic processes. Akbayan v. Aquino, G.
legislative and judiciary. No. 170516 2008.

Veto Powers

Sec. 27, Art. VI

- 1 Every bill passed by the Congress shall,

before it becomes a law, be presented to the
President. If he approves the same, he shall
sign it: otherwise. he shall veto it and return
the same with his objections to the House
where it originated, which shall enter the
objections at large in its Journal and proceed
to reconsider it. If, after such
reconsideration, two-thirds of all the
Members of such House shall agree to pass
the bill, it shall be sent, together with the
objections, to the other House by which it
shall likewise be reconsidered, and if
approved by two-thirds of all the Members
of that House, it shall become a law. In all
such cases, the votes of each House shall be
determined by yeas or nays, and the names
of the Members voting for or against shall be
entered in its Journal. The President shall
communicate his veto of any bill to the
House where it originated within thirty days
after the date of receipt thereof; otherwise,
it shall become a law as if he had signed it.
- The President shall have the power to veto
any particular item or items in an
appropriation, revenue, or tariff bill, but the
 Philippine Politics
ORGANIZATION OF COURTS

WEEK 10: Regular Court: General in application

JUDICIAL ARTICLE VIII DEPARTMENT - First Level Courts are more commonly
referred to as Metropolitan Trial Courts
Sec. I, Art. VII
(MeTC), Municipal Trial Courts in Cities
- The judicial power shall be vested in one (MTCC), Municipal Trial Court (MC), and
Supreme Court and in such lower courts as Municipal Circuit Trial Courts (MCTC).
may be established by law. Regional Trial Courts are also known as
- Judicial power includes the duty of the courts Second Level Courts, which were established
of justice to settle actual controversies among the thirteen Judicial regions in the
involving rights which are legally Philippines consisting of Regions I to XII and
demandable and enforceable, and to the National Capital Region (NCR). The Court
determine whether or not there has been a of Appeals with 69 Justices headed by a
grave abuse of discretion amounting to lack Presiding Justice which operates in 23
or excess of jurisdiction on the part of any divisions each comprising three (3)
branch or instrumentality of the members. The Court sits en banc only
Government. exercise administrative, ceremonial, or other
non-adjudicatory functions.
Judicial Power
Special Courts: Limited Cases
- This is the power and duty of courts of justice
to apply the laws to contests or disputes - The Sharia District Courts are equivalent to
concerning legally recognized rights or duties the Regional Trial Courts in rank, which were
between the State and private persons or established in certain provinces in Mindanao
individuals, or between private persons or where the Muslim Code on Personal Laws is
individual litigants, in cases properly brought being enforced. On the other hand, the
before the judicial tribunals. Sharia Circuit Courts are the counterpart of
the Municipal Circuit Trial Courts established
SCOPE OF JUDICIAL POWER in certain municipalities in Mindanao. The
Sandiganbayan has jurisdiction over criminal
Adjudicatory power
and civil cases involving graft and corrupt
- Judicial power includes the duty of courts of practices and such other offenses committed
justice: by public officers and employees, including
- to settle actual controversies involving rights those in government-owned or controlled
which are legally demandable and corporations, in relation to their office as
enforceable; and may be determined by law. The Court of Tax
- to determine whether there has been a grave Appeals was created under R.A. No. 1125, as
abuse of discretion amounting to lack or amended by R.A. No. 9282, which has
excess of jurisdiction on the part of any exclusive appellate jurisdiction to review on
branch or instrumentality of the appeal, among other, decisions of the
government. Commissioner of Internal Revenue involving
internal revenue taxes and decisions of the
Commissioner of Customs involving customs
duties
 Philippine Politics
Original

- when it can try and decide a case presented

for the first time. It may be exclusive or
concurrent;

Appellate

- when it can take a case already heard and

decided by a lower court removed from the
latter by appeal;
Quasi-Judicial Agencies Exclusive
- Administrative bodies under the executive - when it can try and decide a case which
branch performing quasi-judicial functions, cannot be presented before any other court;
like the National Labor Relations
Commission, the Employees Compensation Concurrent
Commission, the Securities and Exchange
- when any one of two or more court may take
Commission, the Insurance Commission,
cognizance of a case
etc., and the independent Constitutional
Commissions do not form part of the Criminal
integrated judicial system.
- that which exists for the punishment of
Sec. 2, Art. VIII crime; and
- The Congress shall have the power to define, Civil
prescribe, and apportion the jurisdiction of
various courts but may not deprive the - that which exists when the subject matter is
Supreme Court of its jurisdiction over cases not of a criminal nature.
enumerated in Section 5 hereof.
Sec. 3, Art. VIII
- No law shall be passed reorganizing the
Judiciary when undermines the security of - The Judiciary shall enjoy fiscal autonomy.
tenure of its Members. - Appropriations for the Judiciary may not be
reduced by the legislature below the amount
JURISDICTION OF COURTS
appropriated for the previous year and, after
- Jurisdiction is the power and authority of a approval, shall be automatically and
court to hear, try, and decide a case. It may regularly released.
be:
Sec. 4, Art. VIII
General
- The Supreme Court shall be composed of a
- when it is empowered to decide all disputes Chief Justice and fourteen Associate Justices.
which may come before it except those It may sit en banc or in its discretion, in
assigned to other courts; divisions of three, five, or * seven Members.
Any vacancy shall be filled within ninety days
Limited from the occurrence thereof.
- Cases or matters heard by a division shall be
- when it has authority to hear and determine
decided or resolved with the concurrence of
only a few specified cases;
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,
 Philippine Politics
without the concurrence of at least three of - When sitting as Presidential Electoral
such Members. When the required number Tribunal [Sec. 4 (7), Art. VIl]
is not obtained, the case shall be decided en - All other cases which under the Rules of
banc: Provided, that no doctrine or principle Court are require to be heard by the SC en
of law laid down by the court in a decision banc. [Sec. 4 (2), Art. Vill]
rendered en banc or in division may be
modified or reversed except by the court Sec. 5, Art. VIII
sitting en banc.
The Supreme Court shall have the following powers:
THE SUPREME COURT - Exercise original jurisdiction over cases
affecting ambassadors, other public
Composition
ministers and consuls, and over petitions for
- Chief justice and 14 associate justices certiorari, prohibition, mandamus, quo
- May sit en back or in division of three, five, warranto, and habeas corpus.
or seven members - Review, revise, reverse, modify, or affirm on
- Vacancy shall be filled within 90 days from appeal or certiorari, as the law or the Rules
the occurrence thereof of Court may provide, final judgments and
orders of lower courts in:
Strict Composition
- All cases in which the constitutionality or
- There is but one Supreme Court whose validity of any treaty, international or
membership appointments are permanent. executive agreement, law, presidential
decree, proclamation, order, instruction,
HOW MANY DIVISIONS CAN IT HAVE? ordinance, or regulation is in question.
- All cases involving the legality of any tax,
En Banc
impost, assessment, or toll, or any penalty
2 Divisions imposed in relation
- thereto.
- 7 members - All cases in which the jurisdiction of any
lower court is in issue.
3 Divisions
- All criminal cases in which the penalty
- 5 members imposed is reclusion perpetua or higher.
- All cases in which only an error or question
5 divisions of law is involved.
- 3 members
PERIOD FOR DECIDING CASES [SEC. 15 (1), ART. VIII)
EN BANC AND DIVISION CASES Supreme Court
En Banc - (24 months)
- Cases decided with the concurrence of a Lower Collegiate Courts
majority of the Members who actually took
part in the deliberations and voted. - (12 months unless reduced by SC)

Instances when the SC Sits En Banc Other Lower Courts

- Actions instituted by citizens to test the - (3 months unless reduced by the SC)
validity of a proclamation of Martial Law or
Upon expiration of the period, the Chief Justice or
suspension of the privilege of the writ [Sec.
presiding judge shall issue a certification stating why
18, Art VIII
the decision or resolution has not been rendered
within the period [Sec. 15 (3), Art. VIII]
 Philippine Politics
ORIGINAL JURISDICTION [SEC. 5 (1), ART. VIII]

Cases affecting ambassadors, other public ministers

and consuls

Petition for certiorari

- it is a writ issued from a superior court

requiring a lower court or a board, or officer
exercising judicial functions to transmit the
records of a case to the superior court for
purposes of review.

Petition for prohibition

- It is a writ by which a superior court

commands a lower court or a corporation,
board, or person acting without or in excess
of its or his jurisdiction, or with grave abuse
of discretion, to desist from further
proceedings in an action or matter.

Petition for mandamus

- It is an order issued by a superior court

commanding a lower court or a corporation,
board, or person to perform a certain act
which it is its or his to do.

Petition for quo warranto

- It is an action by the government to recover

an office or franchise from an individual or
corporation usurping or unlawfully holding
it.

Petition for habeas corpus

- is granted, the writ shall be directed against

the officer holding custody of the person or,
in case the restraint is caused by a person not
an officer, the person responsible for said
detention; and he shall have to produce the
body of the person restrained before the
court or judge designated in the writ.