THE THREE BRANCHES OF GOVERNMENT AND THE CONSTITUTIONAL COMMISSIONSTHE LEGISLATIVE BRANCH THE EXECUTIVE BRANCH THE JUDICIAL BRANCH

MAIN FUNCTION Enact, amend and repeal laws. Implements and executes the

law. Interprets the law.

COMPOSITIONSENATE

24 SenatorsHOUSE OF

REPRESENT 250

members:200 Dist. Reps.50 Party-List

THE PRESIDENT Executive power shall be vested in the President of the Philippines. (VII.1)

THE SUPREME COURT1 Chief Justice and 14

Associate JusticesLOWER COURTS

The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. (VIII.1)

QUALIFICATIONS

35 yrs old

natural born Filipino citizen

able to read and write

registered voter

residents of RP for the last 2 yrs before election

25 yrs old

same

same

registered voter in the district that he is a candidate

resident in the district for the last 1 yr before election

PRES. AND VICE-PRES. at least 40 years old on the

day of election same

same

registered voter

RP resident for at least 10 years immediately prior to election

JUSTICES OF THE SC At least 40 years old Same

15 years or more a judge of a lower court or engaged in law practice

of proven competence, integrity, probity and independence.

MANNER OF ELECTION TO OFFICEElected at large District reps-

elected by districts.

Party-list reps-elected thru the Party-list system.

The President and the Vice-President is elected at large.

The justices of the Supreme Court and the judges of the lower courts are appointed by the President.

TERM OF OFFICE Six years term of

office Maximum of 2

consecutive terms

3 years term

maximum of 3

PRESIDENT: six years term no re-election

VICE-PRESIDENT: six years with 1 re-election if successive

To hold office during good behavior until they reach 70 yrs old or sooner removed, resigned or

consecutive terms

incapacitated.

Constitutional Bodies n/a The Judicial And Bar Council

The Commission on Appointments: Senate President as Ex-officio Chair 12 senators/12 Reps (basis;

Proportional rep’n)The Electoral Tribunal: Sole judge to contests relating to election, returns and qualifications of all its respective members.

Senate House of Reps3 justices of the SC -SAME-6 SenatorsBasis: proportional representation

6 Congressmen Basis: proportional representation

Manner of Succession:1. Vacancy at the beginning of

term:President dies: VP becomes president.President fails to qualify/shall not have been chosen: VP is ACTING president.No Pres/VP chosen/both failed to qualify/both have died or disabled: Senate Pres or in his inability the Speaker-ACTING president until Pres/VP is elected

*In the event the of inability of the aforementioned officials, congress hall by law provide the manner in which the one to act as Pres/VP shall be selected.

2. vacancy during the term: death/permanent disability/removal/resignation of the Pres-VP becomes Presdeath/permanent disability/removal/resignation of the Pres and VP- Senate Pres or in his inabiltiy the Speaker-ACTING president until Pres/VP is elected/qualified

*In the event the of inability of the aforementioned officials, congress hall by law provide the manner in which the one to act as Pres/VP shall be selected.

To recommend appointees to the Judiciary and may exercise functions as may be assigned by the SC.

Chief Justice as Ex-officio Chairman

Representative of Congress

Representative of the IBP*

Professor of law* Retired member

of the SC* Representative of

the private sector*

Clerk of the SC as ex-officio secretary

* regular members, appointed by Pres. For 4 yr term w/ consent of the CA [VII:8(2)]

INTERNAL OFFICERS:SENATE HOUSE OF REPSSenate President Speaker of the

House* AND other officers they may elect.

n/a n/a

POWERSEXPRESS POWERS

1. General Legislative Power (VI.1, 26-27)HOW DOES A BILL BECOMES A LAW: 1. preparation of the bill2. first reading3 .committee consideration/action4. second reading5. third reading6. transmittal of approved bill to the other house7. other house’s action on the approved bill8. conference committee9. transmittal of the bill to the President10. presidential action on the bill11. action on approved bill12. action on vetoed bill(www.congress.gov.ph)

2. Legislative Inquiry (VI.21)3. War Powers (VI.23[1])4. Power of Appropriation/Budget (VI.24-

25)5. Taxation (VI.28)

a) Executive Power [VII:1&17]

b) Power of Appointment [VII:16] (these appointments must have the consent of the Commission on Appointments: heads of executive departments, ambassadors and other public ministers and consuls, AFP officers from the rank of naval captain and colonel, other ministers whose appointment invested in the Pres. & the regular members of the JBC see VIII:8(2)

c) Power of Removal (IMPLIED)

d) Military powers [VII:18]e) Pardoning power [VII:19]

See Art. VIII:51. original jurisdiction2. appellate jurisdiction3. temporary assignment of judges of lower courts4. order of change of venue of cases5. rule-making power i.e. the Rules of Court6. power of appointment of employees in accordance w/ the CSC rules7. power of administrative supervision8. Presidential Electoral Tribunal [par. 7, Art. VII:4]

6. Power to Canvass in Pres’l. Elections (VII.4[4])

7. Power to Call Special Pres’l. Elections (VII.10)

8. Power to Judge the Physical Fitness of the Pres. to discharge duties (VII.11[4])

9. Power to Extend/Revoke suspension of Habeas Corpus/Declaration of Martial Law (VII.18)

10. Power to Concur Amnesties (VII..19)11. Power to Confirm Treaties (VII.21)12. Define the Jurisdiction of Courts (VIII.2)13. Impeachment (XI.2)14. Power to Propose Const’l. Amendments

(XVII.1[1])

IMPLIED POWER:15. Contempt Powers (Arnault vs.

Nazareno, 87 Phil. 29) “There is no limit as to time to the Senate’s power to punish for contempt in cases where that power may constitutionally be exerted.”

SOME LIMITATIONS TO LAW-MAKING:

1. the bill of rights2. titles of royalty and nobility (VI.31)3. irrepealable laws4. jurisdiction of the SC (VI.30)5. non-appropriation for religious purpose

( VI.29)6. taxation provision (VI.28)7. bills that should exclusively originate

from the House (VI.24)8. single subject per bill (VI.26:1)

f) Borrowing power [VII:20]g) Diplomatic power [VII:21]h) Budgetary power [VII:22]i) Informing power [VII:23]j) Residual powers

(IMPLIED) [Marcos vs. Manglapus, (1989)] whatever is not legislative, not judicial is residual power exercised by the Pres.

k) Other powers: Call congress to a

special session [VI:15]

Power to approve/veto bills [VI:15]

To consent to the deputization of gov’t personnel by the COMELEC [IX-C:2(4)]

General supervision on local gov’t. [Art. X]

DISQUALIFICATIONS AND INHIBITIONS Incompatible offices [VI:13] Forbidden office Shall not appear personally as counsel

before any court, Electoral Tribunal, quasi-judicial and administrative bodies [VII:14]

Shall not directly or indirectly be financially interested in any contract with, franchise, and special privilege granted by the Gov’t.

Shall not intervene in any matter before any office of the gov’t. for his pecuniary benefit or where he may be called upon to act on account of his office.

Shall not hold any other office during his tenure.

Shall not practice any other profession during tenure.

Shall not be financially interested in any contract with, franchise, special privilege granted by the government.

Avoid conflict of interest with his office.

Shall not be designated to any agency performing quasi-judicial or administrative functions. [VIII:12]

All others as provided for by law.

PRIVILEGES Freedom from arrest while congress is

in session for offenses punishable by imprisonment of not more than 6 yrs.

Privilege speech and of debate Franking privilege

May not be sued Salaries and other privileges

of a government employee

Salaries and other privileges of a government employee

THE CONSTITUTIONAL COMMISSIONS-these are independent bodies functioning for important, crucial and usually non-political government operations.

Civil Service Commission Commission on Elections Commission on AuditThe central personnel agency of the government.

The agency responsible for the enforcement of laws governing free and orderly elections.

The agency responsible for auditing government expenditures.

COMPOSITION1 CHAIRMAN

2 COMMISSIONERS1 CHAIRMAN

6 COMMISSIONERS1 CHAIRMAN

2 COMMISSIONERSQUALIFICATIONS

natural born Filipino citizens

at least 35 years old on the date of

natural born Filipino citizens

at least 35 years old on the date of

natural born Filipino citizens

at least 35 years old on the date

appointment

with proven capacity for public administration

must not have been candidates for any elective position immediately preceding their appointment

appointment

holders of a college degree; the chairman and majority of the members are lawyers engaged in the practice of law for at least 10 years

must not have been candidates for any elective position immediately preceding their appointment

of appointment

Certified Public Accountants with 10 years auditing experience or lawyers engaged in law practice for at least 10 years.

must not have been candidates for any elective position immediately preceding their appointment

TERM OF OFFICE7 years without reappointment 7 years without reappointment 7 years without reappointment

SOME COMMON PROVISIONS all are independent bodies appointed by the president with the concurrence of the Commission on Appointments no reappointment enjoys fiscal autonomy No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. (Sec. 2) Neither shall he engage in the practice of any profession or in the active management or control of any business

which in any way may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries. (Sec. 2)

Decision shall be by majority.COMMISSION ON HUMAN RIGHTS OMBUDSMAN

COMPOSITION1) One chairman2) Four members

3) Ombudsman (Tanodbayan)4) One overall deputy5) One deputy for Luzon6) One deputy for the Visayas7) One deputy for Mindanao

One deputy for the militaryQUALIFICATIONS

Natural born Filipino citizens Majority are members of the Philippine bar.

Natural born Filipino citizens 40 years old at the time of appointment Of recognized probity and independence Members of the Philippine bar Must not have been candidates for any

elective office The ombudsman must have been a judge

or engaged in the practice of law in RP for 10 yrs.

MANNER OF APPOINTMENT, TERM OF OFFICE and PROHIBITIONS Appointed by the president Nominated by the JBC No confirmation by the Comm. on app. 7 years without reappointment

Not qualified to run in an election immediately after their cessation from office

POWERSCommission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention

The Office of the Ombudsman shall have the following powers, functions, and duties :

(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

facilities;

(5) Establish a continuing program of research, education, ad information to enhance respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government's compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

(3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts and transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

MANNER OF REMOVAL FROM OFFICECONGRESS PRESIDENT; VICE PRES; SC JUSTICES; CSC, COMELEC,

COA Chairmen and members and the Ombudsman Expulsion Suspension (maximum of 60 days)

Both by 2/3 vote of the members of the House concerned.Grounds: disorderly behavior.

VOTING REQUIREMENTSa. MAJORITY VOTEa.1. election of officersa.2. passage of bills and resolutionsa.3. concurring tax exemptionsa.4. submitting the question calling for constitutional convention to the electorateb. TWO-THIRDS (2/3) VOTEb.1. declaring the existence of the state of warb.2. overriding pres’l. vetob.3. suspension/expulsion of house memberb.4. convict impeachable officialsb.5. call for const’l. cnventionc. ONE-THIRD (1/3) VOTEc.1. for house to affirm an articles of impeachment/override a contrary resolutiond. ONE-FIFTH (1/5) VOTEd.1. request matters to be entered in the Journale. THREE-FOURTHS (3/4) VOTEe.1. to propose consti’l. amendments

By IMPEACHMENT (Art. XI.1-3)The following may be removed by impeachment:

I. The PresidentII. The Vice-PresidentIII. The SC JusticesIV. Chairman and Commissioners of

the CSC, COA & COMELECV. Ombudsman

Effect of impeachment: removal from office of the impeached officer w/o prejudice to the filing of a criminal case against him.

Grounds for impeachment:1. culpable violation of the constitution2. treason3. bribery4. graft and corruption5. betrayal of public trust6. other high crimes

Process of impeachment- Art. XI sec. 3:1. The House of Representatives shall have the exclusive power to initiate all cases of impeachment. 2. A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter.

The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof. 3.A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded. 4. In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed. 5. No impeachment proceedings shall be initiated against the same official more than once within a period of one year. 6. The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate. 7. Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial and punishment according to law. 8. The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.

REFERENCES:The 1987 Constitution Bernbas, Joaquin G., SJ (2007) The Philippine Constitution for Ladies, Gentlemen and Others. Rex Book Store

Inc. Manila.Nachura, Antonio B. (2009) Outline/Reviewer in Political Law. VJ Graphic Arts, Inc. Quezon City.Ramirez, Sr. Efren V. (1996) The New Philippine Constitution. Visayan Educational Supply Corporation. Cebu Citywww.gov.phwww.congress.gov.ph

P r e p a r e d b y:

Owen O. Dela Victoria AB PoSc., Ll. B. MA. PA. (cand.)Instructor