Executive Branch Executive Power

Composition of the Executive Department Power to administer laws, carry them into
practical operation and enforce their due
1. PRESIDENT
observance.
2. VICE PRESIDENT
Executive power refers to the authority “to
3. CABINET (DEPARTMENTS) see to it that the laws are faithfully and
continuously executed.
Constitutional Duty of the VP
It refers to the task of law enforcement,
● To act as President when needed or to
administration and directing the conduct of
succeed to the presidency in case of a
foreign affairs.”
permanent vacancy in the office.
Section 2
● The Vice-President may be appointed as a
No person may be elected President unless he
Member of the Cabinet. Such
is a natural-born citizen of the Philippines, a
appointment requires no confirmation. registered voter, able to read and write, at
Election of the Pres and VP least forty years of age on the day of the
election, and a resident of the Philippines for
● System of direct voting – the Constitution
at least ten years immediately preceding such
retains the system of direct popular
election.
election of the President despite criticism for
Qualifications of the President
abetting massive vote buying and other
undesirable practices. 1. He is a natural-born citizen of the
Philippines;
● Election by Congress in case of a tie
AMBASSADORS 2. He is a registered voter;

Section 1 3. He is able to read and write;

The executive power shall be vested in the 4. He is at least forty (40) years of age
President of the Philippines. on the day of the election (not
proclamation or assumption of
office);
 5. He is a resident of the Philippines for the election and shall end at noon of the same
at least ten (10) years immediately date, six years thereafter.
preceding such election.
The President shall not be eligible for any re-
Section 3 election. No person who has succeeded as
President and has served as such for more
There shall be a Vice-President who shall
than four years shall be qualified for election
have the same qualifications and term of
to the same office at any time.
office and be elected with, and in the same
manner, as the President. He may be removed No Vice-President shall serve for more than
from office in the same manner as the two consecutive terms.
President.
TERM of OFFICE
The Vice-President may be appointed as a
*refers to the period during which an officer
Member of the Cabinet. Such appointment
may claim to hold the office as a matter of
requires no confirmation.
right.
 His only constitutional function is to
TENURE of OFFICE
be on hand to act as President when
needed or to succeed to presidency in *period during which the incumbent actually

case of a permanent vacancy in the holds the office.

office of the president. Reasons for the Prohibition against Re-

 The President may also appoint him election of President

as a Member of the Cabinet. Such (1) A President seeking a second term is

appointment does not need the vulnerable to constant political pressures
consent of the Commission on from those whose support he must preserve
Appointments. and has to devote his time and energy to

Section 4 consolidate this political support. In the

context of Philippine experience, every
The President and the Vice-President shall be
President elected to the Office has used the
elected by direct vote of the people for a term
first term to work for re-election;
of six years which shall begin at noon on the
thirtieth day of June next following the day of (2) A President who seeks a second term is
under a terrific handicap in the performance
of his functions. The result has been that good one and that the people will suffer most
political motivation is attributed to from a lame duck.
practically every act he performs; moreover,
Section 5
the danger of alienating much needed votes
may be an obstacle to the proper and Before they enter on the execution of their

impartial performance of his duties; office, the President, the Vice-President, or

the Acting President shall take the following
(3) A President seeking re-election will even
oath or affirmation:
use public funds for the purpose even to the
extent of making the government bankrupt  "I do solemnly swear (or affirm) that

because no incumbent President would like I will faithfully and conscientiously

to go down from power as a leader repudiated fulfill my duties …as President (or

by his people; Vice-President or Acting President)

of the Philippines, preserve and
(4) The prohibition also widens the base of
defend its Constitution, execute its
leadership. In theory, no man is indispensable
laws, do justice to every man, and
in a democracy and any person, no matter
consecrate myself to the service of the
how good he is, may be replaced by others
Nation. So help me God."
equally good;
OATH is an outward pledge made under
(5) The ban will also put an end or at least
an immediate sense of responsibility to
hamper the establishment of political
God.
dynasties;
The purpose of an oath is to guarantee the
(6) The six-year term will give the President
truthfulness of what a person is about to
a reasonable time within which to implement
say or the fact that he sincerely intends to
his plans and programs of government. He
do what he says by a formal calling upon
can concentrate on being President free from
God to be the witness.
the demands of partisan politics;
Section 6
(7) The criticism against a six-year term
without re-election that six (6) years are too The President shall have an official

long for a bad President but too short for a residence. The salaries of the President
and Vice-President shall be determined
by law and shall not be decreased during If a President shall not have been chosen,
their tenure. No increase in said the Vice President-elect shall act as
compensation shall take effect until after President until a President shall have
the expiration of the term of the been chosen and qualified.
incumbent during which such increase
If at the beginning of the term of the
was approved. They shall not receive
President, the President-elect shall have
during their tenure any other emolument
died or shall have become permanently
from the Government or any other source.
disabled, the Vice President-elect shall
Official Residence and Compensation become President.
of the President and Vice-President.
SECTION 8
(1) The official residence of the President
In case of death, permanent disability,
shall be determined by law; (2) The
removal from office, or resignation of the
annual compensation of the President and
President, the Vice-President shall
Vice President shall be provided by law.
become the President to serve the
The Constitution, in the Transitory
unexpired term.
Provisions, fixes the initial annual salary
of the President at P300,000.00 and the In case of death, permanent disability,

Vice-President at P240,000.00. Congress removal from office, or resignation of

may provide otherwise subject to Section both the President and Vice-President,

6. (Article XVIII, Sec. 17.) the President of the Senate or, in case of
his inability, the Speaker of the House of
Section 7
Representatives, shall then act as
The President-elect and the Vice President until the President or Vice-
President-elect shall assume office at the President shall have been elected and
beginning of their terms. qualified.

If the President-elect fails to qualify, the SECTION 9

Vice President-elect shall act as President
Whenever there is a vacancy in the
until the President-elect shall have
Office of the Vice-President during the
qualified.
term for which he was elected, the
President shall nominate a Vice-President
from among the Members of the Senate President until the President transmits to
and the House of Representatives… the two officials a written declaration of
the termination of his incapacity. (Sec.
SECTION 10
11, par. 1.);
The Congress shall… after the
(2) Declaration by the members of the
vacancy in the offices of the President
Cabinet. – In case a majority of all the
and VP occurs, convene…and enact a law
members of the Cabinet – who are all the
calling for a special election to elect a
President’s men – transmit such written
President and VP.
declaration, the Vice-President shall
Section 11 immediately assume the powers and

Whenever the President transmits to the duties of the Office as Acting President.

President of the Senate and the Speaker Thereafter, upon transmitting his written

of the House of Representatives his declaration that no inability exists, the

written declaration that he is unable to President shall reassume the powers and

discharge the powers and duties of his duties of his office.

office, and until he transmits to them a Section 12

written declaration to the contrary, such
In case of serious illness of the President,
powers and duties shall be discharged by
the public shall be informed of the state
the Vice-President as Acting President.
of his health. The members of the Cabinet
Section 11 solves the vexing problem of in charge of national security and foreign
determining the existence and relations and the Chief of Staff of the
termination of presidential incapacity in Armed Forces of the Philippines, shall
cases of dispute. not be denied access to the President

(1) Declaration by the President. – The during such illness.

President may transmit to the Senate SECTION 13

President and the Speaker of the House of
The President, the VP, the Members
Representatives his written declaration
of the Cabinet… shall not, unless
that he is unable to discharge the powers
otherwise provided in the Constitution,
and duties of his office. In such case, the
hold any other office or employment
Vice-President shall be the Acting
during their tenure. They shall not … Section 14
practice any other profession, participate
Appointments extended by an Acting
in any business or be financially
President shall remain effective, unless
interested in any contract with the
revoked by the elected President, within
Government.
ninety days from his assumption or re-
Disabilities of President, Vice-President, assumption of office.
Members of Cabinet and their deputies
Section 15
and assistants
Two months immediately before the next
Prohibition during their tenure.
presidential elections and up to the end of
(a) They shall not hold, unless otherwise his term, a President or Acting President
provided in the Constitution any other shall not make appointments, except
office or employment; temporary appointments to executive
positions when continued vacancies
(b) They shall not practice any other
therein will prejudice public service or
profession;
endanger public safety.
(c) They shall nor participate, directly or
Appointments preceding a presidential
indirectly, in any business;
election
(d) They shall not be financially
(1) Prohibited if made within two months
interested, directly or indirectly, in
before.
any contract with, or in any franchise
or special privilege granted by the Section 15 prohibits an incumbent or
government or any subdivision, Acting President to make appointments
agency or instrumentality thereof within two (2) months preceding the date
including any government-owned or of the next presidential election and
controlled corporation or their thereafter until the expiration of the term
subsidiaries; and of the incumbent President or the tenure
of the Acting President.
They shall strictly avoid conflict of
interest (between personal or family (2) Exceptions.
interest and
 Temporary appointments to executive ○ Parole - release from imprisonment but the
positions when continued vacancies liabilities is still remain recorded
would prejudice public service or
by the court
endanger public safety are not covered by
the prohibition. The reason is very ○ Amnesty - general pardon to rebels for

obvious. Note the requisites: the their political offenses (ex: Treason,

appointment must be: (a) temporary in Sedition, Rebellion)

nature; (b) to executive positions; and (c)
urgent in the interest of public service or
public safety. It is debatable whether
permanent appointments by the President
to judicial positions are also covered by
the prohibition.

(3) Allowed if made more than two (2)

months before.

Appointments, whether permanent or

temporary, to executive or judicial
position, extended by the incumbent or
Acting President more than two (2)
months preceding the date of the next
Presidential election, are valid.

Power to grant Executive Clemency

○ Pardon - an act of grace which exempt

from liability

○ Reprieve - postponement of the execution

of sentence

○ Commutation - reduction of liabilities of

death from life
Legislative Branch - Upper House: Senate

Article VI of the 1987 Constitution - Lower House: House of Representatives

Definition of Terms: Legislative power

● Legislative Power: the power or is the power or competence of the legislature

competence of the legislature to enact, to enact, ordain, alter, or modify, repeal, or

ordain, abrogate existing laws.

alter, or modify, repeal, or abrogate existing Two Kinds of Legislative Power

laws. Derivative Legislative Power
● Law: a rule of conduct, just, obligatory, is that which has been delegated by the
and promulgated by legitimate sovereign people to legislative bodies and is

authority for common observance and subordinate to the original power of the

benefit. people.

● Bicameralism: a system of government in Original Legislative Power

which the legislature comprises two that is possessed by the Sovereign Power

houses Two Kinds of Limits on Legislative Power

SECTION 1 Substantive Limits

The legislative power shall be vested in the Curtail the contents of a law. For example, no
Congress of the Philippines which shall law may be passed which impairs freedom of
consist of a Senate and a House of speech.
Representatives, except to the extent reserved
Procedural Limits
to the people by the provision on initiative
and referendum. Curtail the manner of passing laws. For
example, a bill must generally be approved
The Philippine Congress
by the President before it becomes a law.
The Philippine Congress is the country’s
legislative department.

● Congress is Bicameral
THE SENATE AND THE HOUSE OF Philippines for not less than two years
REPRESENTATIVES immediately preceding the day of the
election.
Section 2
Qualifications for Senators
The Senate shall be composed of twenty-four
Senators who shall be elected at large by the He must be a natural born citizen of the
qualified voters of the Philippines, as may be Philippines.
provided by law.
He must be at least thirty-five years of age on
The Senate is the Upper House of the the day of the election.
Congress. It is composed of twenty-four (24)
He must be able to read and write.
senators elected at large by the people.
He must be registered voter in the district in
This provision is patterned after the 1935
which he shall be elected.
constitution which also provided for the 24
senators. The only difference is that it is He must be a resident of the Philippines for

staggered under the 1935 Constitution. not less than two years immediately
preceding the election.
The first senators elected were, in the manner
provided for by law, divided equally into Section 4

three groups to serve for the following terms: The term of office of the Senators shall be six
first group, for six years; second group, for years and shall commence, unless otherwise
four years; and the third group, for two years. provided by law, at noon on the thirtieth day

QUALIFICATIONS, ELECTION, of June next following their election.

TERM, TENURE AND REMOVAL OF No Senator shall serve for more than two
SENATORS AND CONGRESSMEN consecutive terms. Voluntary renunciation of

SECTION 3 the office for any length of time shall not be

considered as an interruption in the
No person shall be a Senator unless he is a
continuity of his service for the full term of
natural-born citizen of the Philippines, and,
which he was elected.
on the day of the election, is at least thirty-
five years of age, able to read and write, a Term of Office of Senators

registered voter, and a resident of the ● It is six (6) years.

● It shall commence, unless otherwise apportioned among the provinces, cities, and
provided by law, at noon on the 30th day of the Metropolitan Manila area in accordance
June next following their election. (Sec. 4, with the number of their respective
par. 1.) inhabitants, and on the basis of a uniform and
progressive ratio, and those who, as provided
● The Constitution has similar provisions
by law, shall be elected through a party-list
limiting terms of office with respect to the
system of registered national, regional, and
President and Vice President (Art. VII, Secs.
sectoral parties or organizations.
3 and 4.), members of the House of
Representatives (Sec. 7.), and elective local Two Kinds of Members of the House of
officials Representatives

● (Art. X, Sec. 8.) The hour and date of Party-list Representatives

commencement of the term of office of the
chosen indirectly, through the party he
President and Vice President cannot be
represents, which is the one voted for by the
changed by law.
electorate. This is to give an opportunity to
Maximum Terms weak sectors to have their voices heard.

● In line with the state policy on equal access District Representatives

to opportunities for public service and against
elected directly and personally from the
political dynasties (Art. II, Sec. 26.), a
territorial unit he is seeking to represent.
Senator is disqualified to serve for more than
two (2) consecutive terms. (Sec. 4, par. 2.) Section 6

● (Art. II, Sec. 26.) At any rate, a Senator can No person shall be a Member of the House of

still run for reelection after a break or Representatives unless he is a natural-born

interval. citizen of the Philippines and, on the day of

the election, is at least twenty-five years of
SECTION 5
age, able to read and write, and, except the
(1) The House of Representatives shall be party-list representatives, a registered voter
composed of not more than two hundred and in the district in which he shall be elected, and
fifty members, unless otherwise fixed by law, a resident thereof for a period of not less than
who shall be elected from legislative districts
one year immediately preceding the day of called “Congress,” is composed of not more
the election. than 250 members popularly known as
“Congressmen.” They are elected from
Qualifications of Members of House of
legislative or congressional districts and
Representatives:
through a party-list system.
A natural-born citizen of the Philippines
The Party-List of Sectoral Representatives
Able to read and write,
The party-list or sectoral representatives are
At least twenty-five years of age, filled by selection or election from the labor,

A registered voter in the district in which he peasant, urban poor, indigenous cultural

shall be elected, and communities, women, youth, and such other

sectors as may be provided by law, except the
A resident thereof for a period of not less than
religious sector. Unless otherwise provided
one year
by law, the regular election of the members
SECTION 7 of the House of Representatives shall be held
on the second Monday of May.
The Members of the House of
Representatives shall be elected for a term of Section 8
three years which shall begin, unless
Unless otherwise provided by law, the
otherwise provided by law, at noon on the
regular election of the Senators and the
thirtieth day of June next following their
Members of the House of Representatives
election. No Member of the House of
shall be held on the second Monday of May.
Representatives shall serve for more than
three consecutive terms. Voluntary Kinds of Election
renunciation of the office for any length of Regular Election
time shall not be considered as an
it shall be held on the second Monday of
interruption in the continuity of his service
May. Congress may, by law, provide
for the full term for which he was elected.
otherwise. (Sec. 8.)
The House of Representatives
Special Election
It is the lower chamber of the Congress of the
it may be called in case a vacancy arises in
Philippines. The House, often informally
the Senate or House of Representatives to fill
such vacancy in the manner prescribed by Parliamentary Immunity
law.
FREEDOM from ARREST
SECTION 9
❖offenses punishable by not more than six
In case of vacancy in the Senate or in the years imprisonment
House of Representatives, a special election
❖while Congress is in session
may be called to fill such vacancy in the
manner prescribed by law, but the Senator or FREEDOM of SPEECH and DEBATE
Member of the House of Representatives thus
❖remarks must be made in connection with
elected shall serve only for the unexpired
the discharge of official duties.
term.
❖while Congress is in session
Section 10

The salaries of Senators and Members of the Section 12

House of Representatives shall be determined All Members of the Senate and the House of
by law. No increase in said compensation Representatives shall, upon assumption of
shall take effect until after the expiration of office, make a full disclosure of their
the full term of all the Members of the Senate financial and business interests. They shall
and the House of Representatives approving notify the House concerned of a potential
such increase. conflict of interest that may arise from the

SECTION 11 filing of a proposed legislation of which they

are authors.
A Senator or Member of the House of
Representatives shall, in all offenses Section 13

punishable by not more than six years No Senator or Member of the House of
imprisonment, be privileged from arrest Representatives may hold any other office or
while the Congress is in session. No Member employment in the Government…during his
shall be questioned nor be held liable in any term without forfeiting his seat. Neither shall
other place for any speech or debate in the he be appointed to any office which may have
Congress or in any committee thereof. been created or the emoluments thereof
increased during the term for which he was
elected.
Incompatible Office in the government, including government-
owned and controlled corporations and their
● First sentence of Sec. 13
subsidiaries, during their terms of office.
● Effect: automatically forfeits his seat
Sessions
● Exceptions: position held in an ex-officio
● Section 15. The Congress shall convene
capacity
once every year on the fourth Monday of July
Forbidden Office for its regular session, unless a different date

● Second sentence of Section 13. is fixed by law, and shall continue to be in

session for such number of days as it may
● A prohibition!
determine until thirty days before the opening
● Even if he is willing to forfeit his seat, he of its next regular session, exclusive of
may not be appointed to said office Saturdays, Sundays, and legal holidays. The
President may call a special session at any
Section 14
time
They are also prohibited from having any
● Executive Session: a secret or close door
financial interest in any contract, franchise or
session when matters concerning national
special privilege granted by the Government,
interest are to be discussed
including government owned and controlled
corporations and their subsidiaries, and they Quorum
may not hold any other incompatible offices
● Such a number which enables a body to
in the government, including government-
transact its business and gives such a body the
owned and controlled corporations and their
power to pass a law or ordinance or any valid
subsidiaries, during their terms of office.
act that is binding. In our constitution, it is
Section 15 required that the quorum be a majority of
each house.
They are also prohibited from having any
financial interest in any contract, franchise or ● May compel attendance, except for those
special privilege granted by the Government, with legitimate reasons.
including government-owned and controlled
corporations and their subsidiaries, and they
may not hold any other incompatible offices
Section 16 other, adjourn for more than three days, nor
to any other place than that in which the two
1. The Senate shall elect its President and the
Houses shall be sitting.
House of Representatives its Speaker, by a
majority vote of all its respective Members. Legislative Journal
Each house shall choose such other officers
the official record of what is done and passed
as it may deem necessary.
in a legislative assembly and the proceedings
2. A majority of each House shall constitute occurred from day to day
a quorum to do business, but a smaller
SECTION 17
number may adjourn from day to day and
may compel the attendance of absent The Senate and the House of Representatives

Members in such manner, and under such shall each have an Electoral Tribunal which

penalties, as such House may provide. shall be the sole judge of all contests relating
to the election, returns, and qualifications of
3. Each House may determine the rules of its
their respective Members. Each Electoral
proceedings, punish its Members for
Tribunal shall be composed of nine
disorderly behavior, and, with the
Members, three of whom shall be Justices of
concurrence of two-thirds of all its Members,
the Supreme Court to be designated by the
suspend or expel a Member. A penalty of
Chief Justice, and the remaining six shall be
suspension, when imposed, shall not exceed
Members of the Senate or the House of
sixty days.
Representatives, as the case maybe, who
4. Each House shall keep a Journal of its shall be chosen on the basis of proportional
proceedings, and from time to time publish representation from the political parties and
the same, excepting such parts as may, in its the parties or organizations registered under
judgment, affect national security; and the the party-list system represented therein. The
yeas and nays on any question shall, at the senior Justice in the Electoral Tribunal shall
request of one-fifth of the Members present, be its Chairman.
be entered in the Journal. Each House shall
Senate Electoral Tribunal (SET)
also keep a Record of its proceedings
● Three Justices of the Supreme Court
5. Neither House during the sessions of the
designated by the Chief Justice
Congress shall, without the consent of the
● Six shall be Members of the Senate or the Section 20
House of Representatives
The records and books of accounts of the
● The chairperson of the SET is always a Congress shall be preserved and be open to
Justice of the Supreme Court the public in accordance with law, and such
books shall be audited by the Commission on
Section 18
Audit which shall publish annually an
There shall be a Commission on itemized list of amounts paid to and expenses
Appointments consisting of the President of for each Member.
the Senate, as ex officio Chairman, twelve
SECTION 21
Senators, and twelve Members of the House
of Representatives, elected by each House on The Senate or the House of Representatives
the basis of proportional representation from or any of its respective committees may
the political parties and parties or conduct inquiries in aid of legislation in
organizations registered under the party-list accordance with its duly published rules of
system represented therein. procedure. The rights of persons appearing in
or affected by such inquiries shall be
SECTION 19
respected.
The Electoral Tribunals and the Commission
SECTION 22
on Appointments shall be constituted within
thirty days after the Senate and the House of The heads of departments may upon their
Representatives shall have been organized own initiative, with the consent of the
with the election of the President and the President, or upon the request of either
Speaker. The Commission on Appointments House, as the rules of each House shall
shall meet only while the Congress is in provide, appear before and be heard by such
session, at the call of its Chairman or a House on any matter pertaining to their
majority of all its Members, to discharge such departments. Written questions shall be
powers and functions as are herein conferred submitted to the President of the Senate or the
upon it. 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 An appropriation bill is one the primary and
the State or the public interest so requires and specific aim of which is to make
the President so states in writing, the appropriations of money from the public
appearance shall be conducted in executive treasury. A bill of general legislation which
session. carries an appropriation as an incident thereto
to carry out its primary and specific purpose
SECTION 23
is not an appropriation bill.
1. The Congress, by a vote of two-thirds of
Tariff Bill
both Houses in joint session assembled,
voting separately, shall have the sole power As used in the Constitution, it has reference
to declare the existence of a state of war. to one imposing customs duties for revenue
purposes.
2. In times of war or other national
emergency, the Congress may, by law, Revenue Bill
authorize the President, for a limited period
One the primary and specific purpose of
and subject to such restrictions as it may
which is to raise revenue.
prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Bill of Local Application

Unless sooner withdrawn by resolution of the one affecting purely local or municipal
Congress, such powers shall cease upon the concerns like one creating a city or
next adjournment thereof. municipality or changing its name.

Section 24 Bill Authorizing Increase of the Public

All appropriation, revenue or tariff bills, bills Dept

authorizing increase of the public debt, bills One which creates public indebtedness such
of local application, and private bills, shall as a bill providing for the issuance of bonds
originate exclusively in the House of and other forms of obligations.
Representatives, but the Senate may propose
Private Bill
or concur with amendments.
one affecting purely private interest, such as
Appropriation Bill
one granting a franchise to a person or
corporation, or compensation to a person for
damages suffered by him for which the Speaker of the House of Representatives, the
government considers itself liable. Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may,
Section 25
by law, be authorized to augment any item in
1. The Congress may not increase the the general appropriations law for their
appropriations recommended by the respective offices from savings in other items
President for the operation of the of their respective appropriations.
Government as specified in the budget. The
Budget
form, content, and manner of preparation of
the budget shall be prescribed by law. is the financial program of the national
government for a designated calendar year,
2. No provision or enactment shall be
consisting of statements of estimated receipts
embraced in the general appropriations bill
from revenues and expenditures for the
unless it relates specifically to some
calendar on which it is intended to be
particular appropriation therein. Any such
effective based on the results of operations
provision or enactment shall be limited in its
during the preceding calendar year.
operation to the appropriation to which it
relates. Section 26

3. The procedure in approving appropriations No bill passed by either House shall become
for the Congress shall strictly follow the a law unless it has passed three readings on
procedure for approving appropriations for separate days, and printed copies thereof in
other departments and agencies. its final form have been distributed to its
Members three days before its passage,
4. A special appropriations bill shall specify
except when the President certifies to the
the purpose for which it is intended, and shall
necessity of its immediate enactment to meet
be supported by funds actually available as
a public calamity or emergency. Upon the
certified by the National Treasurer, or to be
last reading of a bill, no amendment thereto
raised by a corresponding revenue proposal
shall be allowed, and the vote thereon shall
therein.
be taken immediately thereafter, and the yeas
5. No law shall be passed authorizing any and nays entered in the Journal.
transfer of appropriations; however, the
President, the President of the Senate, the
How a Bill Becomes a Law enact an act or a bill. The Enacting clause
specifically states the reason for the
Meaning of a Bill
legislation Act.
● A bill is a draft of the legislative before it
becomes a law. It is a proposed law. 4. Body – pertains to the total substance or
content of the proposed bill.
No bill may be embraced in more than one
subject to be expressed in the title. 5. Repealing Clause – declares a previous
law or a specific provision of a
● Hodge-podged legislation: any proposed
measure consisting of general or previous law as ineffective

more unrelated subjects, but are integrated in 6. Effectivity Clause – indicates the time at
the proposal in order to guarantee which the law shall take effect

support from members of the Congress.

(These are not valid.)

● Each house may propose a bill. (House Bill

or Senate Bill)

● Republic Act – enacted law

Components of the Law

1. Title – refers to the subject matter of the

law, or the Act carried by the

legislative department, and the executive as

well.

2. Preamble – introduces the objectives for

the enactment of the Act and explains

the general reasons for such legislation.

3. Enacting Clause – refers to the collective

and distinct will of both Houses to
 8. Submission to joint bicameral committee

Essentially… 9. Submission to the President

1. First Reading Veto Power of the President

2. Referral to appropriate committee ● The word veto is the Latin term for “I
forbid” or “deny.”
3. Second Reading
● It is the power vested in the President to
4. Debates
disapprove acts passed by Congress.
5. Printing and distribution
The veto message to the House where the bill
6. Third Reading originated explains his objections
7. Referral to the other House
to the bill. ● Article 3. Ignorance of the law excuses no
one from compliance therewith.
When does a bill become a law?
● Article 4. Laws shall have no retroactive
● When signed by the President
effect, unless the contrary is provided.
● When vetoed by the President, but overrode
● Article 5. Acts executed against the
by the Congress
provisions of mandatory or prohibitory
● When the bill lapses into law after 30 days
laws shall be void, except when the law itself
from receipt thereof due to Presidential
authorizes their validity.
inaction.
● Article 7. Laws are repealed only by
When is the Effectivity of the Law?
subsequent ones, and their violation or
● GR: as provided in the effectivity clause of
non-observance shall not be excused by
the law itself.
disuse, or custom or practice to the
● See: Section 2 of the Civil Code of the
contrary.
Philippines:
○ When the courts declare a law to be
○ Article 2. Laws shall take effect after
inconsistent with the Constitution, the
fifteen days following the completion of their
publication in the Official Gazette or in a former shall be void and the latter shall
newspaper of general circulation, unless it is govern.
otherwise provided.
○ Administrative or executive acts, orders
and regulations shall be valid only
Effect and Application of Laws
when they are not contrary to the laws or the
Civil Code of the Philippines Constitution

● Article 2. Laws shall take effect after ● Article 8. Judicial decisions applying or
fifteen days following the completion of interpreting the laws or the

their publication in the Official Gazette, Constitution shall form a part of the legal
unless it is otherwise provided. system of the Philippines.
● Article 14. Penal laws and those of public Section 28
security and safety shall be
1. The rule of taxation shall be uniform and
obligatory upon all who live or sojourn in the equitable. The Congress shall evolve a
Philippine territory, subject to the progressive system of taxation.

principles of public international law and to 2. The Congress may, by law, authorize the
treaty stipulations. President to …impose, tariff rates, import
and export quotas, …within the framework of
● Article 15. Laws relating to family rights
the national development program of the
and duties, or to the status, condition
Government.
and legal capacity of persons are binding
3. Charitable institutions, churches and
upon citizens of the Philippines, even though
personages …actually, directly, and
living abroad
exclusively used for religious, charitable, or
educational purposes shall be exempt from
Section 27 taxation.

Every bill passed by the Congress shall, 4. No law granting any tax exemption shall
before it becomes a law, be presented to the be passed without the concurrence of a
President. If he approves the same, he shall majority of all the Members of the Congress.
sign it; otherwise, he shall veto it and return
UNIFORMITY IN TAXATION
the same with his objections to the House
where it originated, which shall enter the ● Uniformity in taxation means that “all
objections at large in its Journal and proceed taxable articles or properties of the same class
to reconsider it. If, after such reconsideration, shall be taxed at the same rate.”
two-thirds of all the Members of such House
● Different articles (or other subjects, like
shall agree to pass the bill, it shall be sent…to
transactions, business, rights, etc.) may,
the other House by which it shall likewise be
therefore, be taxed at different rates or
reconsidered, and if approved by two-thirds
amounts provided that the rate (not
of all the Members of that House, it shall
necessarily the amount) is the same on the
become a law.
same class everywhere.
 created has been fulfilled or abandoned, the
balance, if any, shall be transferred to the
EQUITY IN TAXATION
general funds of the Government.
● Aside from the requirement that the rule of
Section 30
taxation shall be uniform, the Constitution
also mandates that it shall be equitable. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court
● The concept of equity in taxation requires
as provided in this Constitution without its
that such apportionment be more or less just
advice and concurrence.
in the light of the taxpayer’s ability to
shoulder the tax burden. SECTION 31

SECTION 29 No law granting a title of royalty or nobility

shall be enacted.
1. No money shall be paid out of the Treasury
except in pursuance of an appropriation made Section 32
by law.
The Congress shall, as early as possible,
2. No public money or property shall be provide for a system of initiative and
appropriated, applied, paid, or employed, referendum, and the exceptions therefrom,
directly or indirectly, for the use, benefit, or whereby the people can directly propose and
support of any sect, church, denomination, enact laws or approve or reject any act or law
sectarian institution, or system of religion, or or part thereof passed by the Congress or
of any priest, preacher, minister, other local legislative body after the registration of
religious teacher, or dignitary as such, except a petition therefor signed by at least ten per
when such priest, preacher, minister, or centum of the total number of registered
dignitary is assigned to the armed forces, or voters, of which every legislative district
to any penal institution, or government must be represented by at least three per
orphanage or leprosarium. centum of the registered voters thereof.

3. All money collected on any tax levied for

a special purpose shall be treated as a special
fund and paid out for such purpose only. If
the purpose for which a special fund was
 •Congress has the power to create new courts
and to apportion jurisdiction among various
Judicial Branch
courts. However, in the exercise of this power
Section 1 Congress may not impair the independence
of the judiciary.
The judicial power shall be vested in one
Supreme Court and in such lower courts as Section 3
may be established by law.
- The Judiciary shall enjoy fiscal autonomy.
Judicial Power Appropriations for the Judiciary may not be
reduced by the legislature below the amount
- the power to apply the laws to contests or
appropriated for the previous year and, after
disputes concerning legally recognized rights
approval, shall be automatically and
- the judiciary refers to the court system regularly released.
Generally entails two activities: Scope of Judicial Power
1.Settling legal controversies
Adjudicating Power
2.Determining whether there has been grave •The power to settle legal disputes
abuse of discretion amounting to lack or
Power of Judicial Review
excess of jurisdiction by any branch of
government •Refers to the power of the Supreme Court to
interpret and make judgments with respect to
Section 2
the law
•The Congress shall have the power to define,
Incidental Powers
prescribe, and apportion the jurisdiction of
the various courts but may not deprive the •Powers necessary for the discharge of the
Supreme Court of its jurisdiction over cases judicial function
enumerated in Section 5 hereof.
Section 4
•No law shall be passed reorganizing the
The Supreme Court shall be composed of a
Judiciary when it undermines the security of
Chief Justice and fourteen Associate Justices.
tenure of its Members.
It may sit en banc or in its discretion, in
division of three, five, or seven Members.
Any vacancy shall be filled within ninety previously laid down either en banc or in
days from the occurrence thereof. division;

The Supreme Court 6.administrative cases involving the

discipline or dismissal of judges of lower
Composition
courts (Section 11);
•1 Chief Justice and 14 Associate Justices
7. election contests for President or Vice-
•Sits en banc or in divisions President.

Qualifications Powers of the Supreme Court

•By appointment SC has jurisdiction over:
•40 years of age 1.Cases involving ambassadors and public

•Natural born citizen ministers

•Judge or legal practitioner for 15 years 2. Petitions for certiorari, mandamus, quo
warranto, prohibition & habeas corpus
En Banc Cases
3. Review judgments of lower courts on cases
1.all cases involving the constitutionality of a
involving constitutionality, legality of any
treaty, international or executive agreement,
tax, reclusion perpetua and errors on
or law;
questions of law
2.all cases which under the Rules of court
4. Assignment of judges to the lower courts
may be required to be heard en banc;
5.Order a change of venue for a trial
3.all cases involving the constitutionality,
application or operation of presidential 6.Promulgate rules of court

decrees, proclamations, orders, instructions, 7.Appoint officials of the judiciary and hire
ordinances and other regulations employees for the judicial branch

4.cases heard by a division when the required •Prohibition - a judicial order the purpose of
majority in the division is not obtained; which is to prevent the carrying out or

5.cases where the Supreme Court modifies or commission of an act by an inferior tribunal
reverses a doctrine or principle of law or person exercising judicial or non-judicial
functions.
•Mandamus - a judicial order similar to the Qualifications of a Member of the
foregoing but the purpose is to compel the Supreme Court
performance of an act by an inferior tribunal
1. must be a natural-born citizen of the
or person.
Philippines;
•Quo warranto - is one brought in the name
2. must be at least forty years of age,
of the Republic of the Philippines when there
is usurpation of public office or franchise and 3. must have been for fifteen years or more a

the usurper or holder of such public office or judge of a lower court or engaged in the

franchise is not legally entitled thereto. (Rule practice of law in the Philippines;

65, Rules of Court.) 4. a person of proven competence, integrity,

•Habeas corpus - available to a person who probity and independence.

is unlawfully deprived of his freedom and Section 8

results in such person being brought up to
A Judicial and Bar Council is hereby created
court by the detention officer in order that the
under the supervision of the Supreme Court
legality and illegality of the detention shall be
composed of the Chief Justice as ex officio
determined.
Chairman, the Secretary of Justice, and a
Section 6 representative of the Congress as ex officio

The Supreme Court shall have administrative Members, a representative of the Integrated

supervision over all courts and the personnel Bar, a professor of law, a retired Member of

thereof. the Supreme Court, and a representative of

the private sector.
Section 7
Section 9
No person shall be appointed Member of the
Supreme Court …unless he is a natural-born The Members of the Supreme Court and

citizen of the Philippines. A Member of the judges of lower courts shall be appointed by

Supreme Court must be at least forty years of the President from a list of at least three

age, and must have been for fifteen years or nominees preferred by the Judicial and Bar

more, a judge of a lower court or engaged in Council for every vacancy. Such

the practice of law in the Philippines. appointments need no confirmation.

Section 10 age of other non-elective government
officials and employees and restored again to
The salary of the Chief Justice and of the
seventy (70).
Associate Justices the Supreme Court, and of
judges of loofwer courts shall be fixed by Termination of Right to Hold Office
law. During the continuance in office, their
The Constitution provides for the
salary shall not be decreased.
impeachment of the members of the Supreme
Section 11 Court. (Article XI, Section 2.) As for judges
of lower courts, Congress has the power to
The Members of the Supreme Court and
prescribe the procedure and the causes for
judges of the lower court shall hold office
their removal.
during good behavior until they reach the age
of seventy (70) years or become Disciplining or Dismissal of Judges of
incapacitated to discharge the duties of their Lower Courts
office.
The present Constitution gives to the
Tenure of Office of the Members of the Supreme Court the power to discipline judges
Judiciary of lower courts, including justices of the
Court of Appeals and the Sandiganbayan.
Importance of security of tenure
By a vote of a majority of the members who
Section 11 insures the security of tenure of
actually took part in the deliberations on the
the members of the Supreme Court and the
issues in the case and voted thereon, it can
judges of lower courts.
order their dismissal.
Security of tenure dependent upon good
Section 12
behavior has long been considered as an
indispensable guarantee to keep judicial The Members of the Supreme Court and of
independence, the cornerstone of all systems other courts established by law shall not be
of effective administration of justice. designated to any agency performing quasi-
judicial or administrative function.
Retirement Age

The retirement age in the 1973 Constitution

was reduced from the original seventy (70) to
sixty-five (65) years which is the retirement
Reasons for the Prohibition Meaning of Decision

1. Such designation violates the doctrine of Decision is the judgment rendered by a court
separation of powers between the judicial and of justice or other competent tribunal after the
the executive branches of the government; presentation of the respective positions of the
parties in an ordinary or criminal case or upon
2. It may compromise the independence of
a stipulation of facts upon which the
the members in the performance of their
disposition of the case is based.
judicial functions;
Section 15
3. With so many cases pending in courts, the
practice will result in further delay in their 1. All cases or matters filed after the
disposition. effectivity of this Constitution must be
decided or resolved within twenty-four
The Supreme Court and the Court of Appeals
months from date of submission for the
particularly, which are already burdened with
Supreme Court, and, unless reduced by the
heavy load of cases, could never reduce,
Supreme Court, twelve months for all lower
much less eliminate, the backlog in their
collegiate courts, and three months for all
dockets if their members could be assigned to
other lower courts.
non-judicial agencies.
2. A case or matter shall be deemed submitted
Section 13
for decision or resolution upon the filing of
The conclusions of the Supreme Court in any the last pleading, brief, or memorandum
case submitted to it for the decision en banc required by the Rules of Court or by the court
or in division shall be reached in consultation itself.
before the case assigned to a Member for the
Maximum Periosz for Rendition of
writing of the opinion of the Court.
Decisions
Section 14
From date of submission for decision or
No decision shall be rendered by any court resolution – by constitutional mandate, the
without expressing therein clearly and various courts must decide or resolve a case
distinctly the facts and the law on which it is or matter submitted thereto within the
based. following periods from the date of
submission:
•Supreme Court – within twenty-four (24)
months;

•The Court of Appeals and other collegiate

appellate courts – within twelve (12)
months unless reduced by the Supreme
Court;

•Lower courts – within three (3) months

unless reduced by the Supreme Court.

•PLEADING - IN LAW –pleading is a

formal statement of the cause of an action or
defense.

•BREAF - A brief (Old French from Latin

"brevis", short) is a written legal document
used in various legal adversarial systems that
is presented to a court arguing why one party
to a particular case should prevail.

•MEMORANDUM - A "memorandum of
law" may be prepared by an attorney to
support a legal argument, which is similar to
a brief but with less attention to legal writing
formalities.

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.