THREE BRANCHES OF GOVERNMENT

EXECUTIVE
● Executive Power- The power to administer laws and carry them into operation.
● Article VII, Section 1- vests executive power on the President of the Philippines. The President is
the Head of State and Head of Government, and functions as the commander-in-chief of the
Armed Forces of the Philippines. As chief executive, the President exercises control over all the
executive departments, bureaus, and offices.
● Article VII, Section 2
○ Natural Born Filipino Citizen
○ 40 years old
○ Able to read and write
○ Registered voter
○ Residency: not less than 10 years
● Article VII, Section 4
○ PRESIDENT and VICE PRESIDENT
○ 6 years
○ Pres, 1 term and ineligible for reelection. VP, 2 successive terms and is eligible to run
for President
○ Starts at noon on the 30th day of June.
○ The President-elect fails to qualify, and the Vice President acts as President until
President-elect shall have qualified.
● Article VII, Section 16
○ Power to Appoint
i. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors,
other public ministers, and consuls, or officers of the armed forces from the rank
of colonel or naval captain, and other officers whose appointments are vested in
him in this Constitution. As a general rule, the President cannot make
appointments 2 months before the next elections. Also, the President cannot
appoint a relative within the fourth civil degree of consanguinity.
● Article VII, Section 17
○ Power to control over the executive branch
i. The President of the Philippines has the mandate of:
1. Control over all the executive departments, bureaus, and offices.
2. Responsible for the abovementioned offices’ strict implementation of
laws.
● Article VII, Section 18
○ Power to declare Martial Law
i. In case of invasion or rebellion, when public safety requires it, he may, for a
period not exceeding sixty days, suspend the privilege of the writ of habeas
corpus (law stating that an individual cannot be imprisoned or held in custody
inside a prison cell without due process of law) or place the Philippines or any
part thereof under martial law.
 ● Article VII, Section 19
○ Power to grant Amnesty
i. 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.
ii. It also must be concurred with by a majority vote of Congress.
● Article VII, Section 20
○ Power to contract or guarantee foreign loans
i. the Monetary Board shall, within thirty days from the end of every quarter of
the calendar year, submit to Congress a complete report of its decisions 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.
● Article VII, Section 21
○ Power to sign a treaty
i. No treaty or international agreement shall be valid and effective unless
concurred upon by at least two-thirds of all the Members of the Senate.
● Power to supervise the Local Government Unit
○ He has the authority to ensure the LGUs are functioning according to the law. He can
hear administrative complaints filed against government officials and enforce penalties.

● VICE PRESIDENT
○ The Vice-President may be appointed as a Member of the Cabinet. Such an appointment
requires no confirmation. But if it is not the VP it must be confirmed by the Commission
of Appointments first.
○ In case of death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired term.

LEGISLATIVE
● Preamble
○ The Latin term "preambulare", which means, “to walk before.”
○ It is an invocation or the opening prayer in any activity or the prologue of the
constitution, invoking the highest sovereign god almighty to bless this instrument.
○ This is not an integral part of the constitution.
"We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and
humane society, and establish a government that shall embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the
blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom,
love, equality, and peace do ordain and promulgate this constitution.”

● Legislative Power- is the power or competence of the legislature to enact, ordain, alter, modify,
repeal or abrogate existing laws.
● Article VI- Legislative Department
● Article VII- Executive Department
● Article VII- Judicial Department
● Article VI, Section 1- The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the extent reserved to
the people by the provision on initiative and referendum.
● Article VI, Section 2- Senate President, 24 Senators
● Article VI, Section 5-
○ Speaker of the House
○ House of Representatives
i. District- elected directly and personally from the territorial unit he is seeking to
represent.
ii. Party List- chosen indirectly, through the party he represents, which is the one
voted for by the electorate. This is to give an opportunity to weak sectors to
have their voices heard.
iii. All appropriation bills and bills of local application shall originate exclusively in
the House of Representatives.
iv. The House of Representatives shall have the exclusive power to initiate all cases
of impeachment.
○ Not more than 250 members, depending on the census.
● Article VI, Section 3
○ Natural Born Filipino Citizen
○ 35 years old
○ Able to read and write
○ Registered voter
○ Residency: not less than 2 years
● Article VI, Section 6
○ Natural Born Filipino Citizen
○ 25 years old
○ Able to read and write
○ Registered voter in the district he seeks to represent
○ Residency: 1 year at least
● Article VI, Section 4- 6 years of term office
● Article VI, Section 7- 3 years of term office
● Term of Office refers to the period during which an officer may claim to hold the office as a
matter of right.
● Tenure of Office refers to the period during which an officer actually holds the office occupied to
hold the office as a matter of right.
● Article VI, Section 8- Regular Election- Unless otherwise provided by law, the regular election of
the Senators and the Members of the House of Representatives shall be held on the second
Monday of May.
● Incompatible Office- refers to the Office which may not be held by a member of a Congress
outside the legislative department without forfeiting his seat.
● Article VI, Section 9- Special Election- In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such vacancy in the manner prescribed
by law, but the Senator or Member of the House of Representatives thus elected shall serve
only for the unexpired terms.
● Article VI, Section 10- Salary- No increase shall take effect until after the expiration of the full
term of all the members.
 ● Article VI, Section 15- Sessions
○ Regular Session- excluding weekends and legal holidays
○ Special Session- urgent and national concerns
○ Executive Session- secret or door sessions
● Quorum- Required number of sessions, ½ + 1
● Article VI, Section 25-
○ (1) Congress may not increase the appropriations recommended by the President for the
operation of the Government as specified in the budget.
● Article VI, Section 26- Bills- it is a draft of the legislation before it becomes a law.
(1) Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has passed three readings
on separate days, 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.
● Article VI, Section 27- 3 Options of passing the bill into law
○ Approved- signed
○ Vetoed- but can still pass with the ⅔ votes in Congress.
○ Lapsed- 30 days

● 2 types of Law
○ Organic Law- a law that describes and organizes the government that will run the state.
○ Republic Acts- laws that create policies to carry out the principles stated in the
constitution.

JUDICIARY
● Judicial Branch- Interprets the meaning of laws, applies laws to individual cases, and decides if
laws violate the Constitution.
● Article VIII, Section 8- Appointments to the judiciary are made by the President of the
Philippines based on a list submitted by the Judicial and Bar Council.
● Judicial and Bar Council
○ Composed of the chief justice as ex-officio chairman, the Secretary of Justice, and
representatives of Congress as ex-officio members, a representative of the Integrated
Bar, a professor of law, a retired member of the Supreme Court, and a representative of
the private sector as members.
● First Level Courts are more commonly referred to as Metropolitan Trial Courts (MeTC),
Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial
Courts (MCTC). Regional Trial Courts are also known as Second Level Courts, which were
established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII
and the National Capital Region (NCR).
● The Shari’a District Courts are equivalent to the Regional Trial Courts in rank, which were
established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being
enforced. On the other hand, the Shari’a Circuit Courts are the counterpart of the Municipal
Circuit Trial Courts established in certain municipalities in Mindanao.
 ● Sandigan Bayan- It has jurisdiction over criminal and civil cases involving graft and corrupt
practices and such other offenses committed by public officers and employees, including those
in government-owned or controlled corporations, in relation to their office as may be
determined by law.
● Supreme Courts- shall be composed of a Chief Justice and 14 Associate Justices. It may sit en
banc or, in its discretion, in divisions of three, five, or seven members. (Art. VIII, §4) Its
members shall be appointed by the President from a list of at least three nominees prepared by
the Judicial and Bar Council for every vacancy, without the need for confirmation by the
Commission on Appointments. (Art. VIII, §9) Members of the Supreme Court are required to
have proven competence, integrity, probity, and independence; they must be natural-born
citizens of the Philippines, at least 40 years old, with at least 15 years of experience as a judge of
a lower court or law practice in the country. (Art. VIII, §7) Justices shall hold office during good
behavior until they reach the age of 70 years, or become incapacitated to discharge the duties of
the office. (Art. VIII, §11). The salary of the Chief Justice and of the Associate Justices of the
Supreme Court shall be fixed by the law. The members of the Supreme Court may not be
designated to any agency performing quasi-judicial or administrative functions. A judge can be
dismissed by the majority votes who took part in the deliberations.
● The Senate Electoral Tribunal (SET) is an electoral tribunal that decides election protests in the
Senate of the Philippines. It consists of 6 senators nominated by the Senate, and 3 justices of
the Supreme Court of the Philippines, who are designated by the Chief Justice. The equivalent
tribunals for elections to the lower house is the House of Representatives Electoral Tribunal and
to president and vice presidents are Presidential Electoral Tribunal.
● Certiorari- a writ or order issued by a superior court to an inferior tribunal or an officer
exercising judicial function in order to correct the act or acts of the latter when same is done
without or in excess of jurisdiction or with grave abuse of discretion and that the aggrieved party
has no other plain, speedy and adequate remedy.
● Prohibition- a judicial order which has the purpose of preventing the carrying out or commission
of an act by an inferior tribunal or person exercising judicial or non-judicial functions.
● Decision- the judgment rendered by a court of justice or other competent tribunals after the
presentation of the respective positions of the parties in an ordinary or criminal case or upon a
stipulation of facts upon which the disposition of the case is based. No decision shall be
rendered by any court without expressing therein clearly and distinctly the facts and the law on
which it is based.
● Adjudicating Power refers to the legal process of resolving a dispute or deciding a case. When a
claim is brought, courts identify the rights of the parties at that particular moment by analyzing
what were, in law, the rights and wrongs of their actions when they occurred.

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