Sei sulla pagina 1di 6

LEGISLATURE IN THE PHILIPPINES

Adopts BI-CAMERAL legislative system.


The legislature refers to the CONGRESS.
CONGRESS is divided into 2 houses:
1. SENATE is the upper house of Congress
2. HOUSE OF REPRESENTATIVES is the lower house of Congress
2 KINDS OF REPRESENTATION in the House of Representatives
1. DISTRICT REPRESENTATION. Elected from districts.
2. PARTY LIST. Elected from political parties representing
marginalized groups or sectors in society.
Adopts the following QUALIFICATIONS FOR SENATOR (member of Senate):
CITIZENSHIP AND KIND OF CITIZENSHIP: Filipino and Natural Born.
MIN AGE: 35 years (actual age on election day)
MIN RESIDENCY: 2 years in the Philippines (count of years is from
election day)
MIN EDUCATION: literate (able to read and write)
Registered voter in the Philippines
Adopts the following QUALIFICATIONS FOR DISTRICT REPRESENTATIVE (member
of House of Representatives):
CITIZENSHIP AND KIND OF CITIZENSHIP: Filipino and Natural Born.
MIN AGE: 25 years (actual age on election day)
MIN RESIDENCY: 1 year in the district of candidacy (count of years
is from election day)
MIN EDUCATION: literate (able to read and write)
Registered voter in the district of candidacy
1. Adopts the following QUALIFICATIONS FOR PARTY LIST REPRESENTATIVE
(member of House of Representatives):
CITIZENSHIP AND KIND OF CITIZENSHIP: Filipino and Natural Born.
MIN AGE: 25 years (actual age on election day)
MIN RESIDENCY: 1 year in the Philippines (count of years is from
election day)
MIN EDUCATION: literate (able to read and write)
Registered voter in the Philippines
Membership in the party list of candidacy
MIN LENGTH OF MEMBERSHIP: 90 days (count of days is from election
day)

LEGISLATIVE POWERS vested in the Congress (Senate and House of


Representatives) and the people thru power of initiative.
1. Enact laws (to make a law):
LAW MAKING PROCESS:
FIRST READING: A proposed law is called a BILL.
1. Reading of bill. The bill is made known to Congress.
2. Committee hearing. The bill is referred to proper
committee for drafting contents.
3. Public hearing. The bill is presented for public hearing for
clarifications, commentaries, and expert opinions.
SECOND READING: The bill is subjected to debate.
THIRD READING: The bill is put to a vote. If OK, the bill is transmitted
to the other house.
TRANSMITTAL: The bill is transmitted to the other house of Congress
undergoing same three readings then if OK, the bill is transmitted to
the President for signing into law.
2. Amend laws (to change or revise part of a law)
3. Repeal laws (to remove or abolish a law)
4. Implement inherent powers of the state thru legislation (making of laws):
INHERENT POWERS OF STATE:
essential (must have) powers of the state
needed for effective discharge of duties and powers of the state
means of interfering with or limiting of rights and freedoms of
private persons
3 KINDS OF INHERENT POWERS OF STATE:
1. POLICE POWER power of the state to regulate (control or limit)
rights and freedoms of persons.
AUTHORITY: government
PURPOSE: promote or ensure public safety, public health,
public morals, and public convenience.
EFFECT: restraint
AFFECTED: class or group of persons
BENEFIT: general welfare
EXAMPLE: number coding law limiting the use of private vehicles on
specific days only for purposes of public convenience to minimize
traffic.

2. POWER OF EMINENT DOMAIN power of the state to expropriate


(take with compensation) private property.
AUTHORITY: government or others delegated with the power
PURPOSE: public use
EFFECT: transfer of private property to public property
AFFECTED: class or group of persons
BENEFIT: just compensation (makatarungang kabayaran) to
owner of private property
EXAMPLE: government road widening project wherein a private house
and lot is affected and will have to be demolished for purposes of
creating right of way for public use.
3. POWER OF TAXATION power of the state to levy (impose) taxes.
AUTHORITY: government
PURPOSE: support for government
EFFECT: form part of public funds
AFFECTED: class or group of persons
BENEFIT: public services
5. Declare existence of state of war (only existence NOT declaration of war).
6. Grant emergency powers to the President.
7. Appropriate (assign) funds
8. Require military service
9. Power of concurrence (approval in the case of treaties)
10.Power of confirmation (in the case of certain Presidential appointees in
government)
11.Power of impeachment (in the case of removing impeachable government
officials)
IMPEACHABLE GOVERNMENT OFFICIALS covered by power of impeachment of
Congress:
1. President
2. Vice-President
3. Supreme Court Justices
4. Constitutional Commissioners
5. Ombudsman
House of Representatives receives and reviews impeachment complaint and
endorses to the Senate.
Senate transforms into impeachment court to conduct impeachment trial
proceedings and votes to impeach or acquit the government official being
impeached.
12.Legislative inquiry (investigations in aid legislation)
13.Rule-making power (in the case of making its own rules in the Congress)
14.Parliamentary immunity (covers immunity from libel while Congress is in session
and immunity from imprisonment or fine for offenses with less than 6 years
imprisonment)

15.Proclaim President and Vice President (in the case of proclaiming the winner from
the result of the elections)
16.Override presidential veto

EXECUTIVE IN THE PHILIPPINES


QUALIFICATIONS FOR PRESIDENT:

CITIZENSHIP AND KIND OF CITIZENSHIP: Filipino and Natural Born.


MIN AGE: 40 years (actual age on election day)
MIN RESIDENCY: 10 years in the Philippines (count of years is from
election day)
MIN EDUCATION: literate (able to read and write)
Registered voter in the Philippines

EXECUTIVE POWERS vested in the President ONLY (Vice President has NO


executive powers)
1. Execute (implement) laws
2. Control power heads the cabinet (executive departments) as chief executive
3. Appointing power president can appoint persons to certain positions in the
executive government, Supreme Court or Constitutional Commissions)
4. Removal power (residential appointees serve at the pleasure of the
president, can be removed anytime without cause)
5. Supervisory power president can supervise all local governments thru the
Dept. of Interior and Local Government (DILG)
6. Military power
6.1.
Command the Armed Forces
6.2.
Establish military courts
6.3.
Suspend the privilege of the writ of habeas corpus (to order
arrest of persons even without warrant of arrest for persons suspected
of rebellion or invasion)
6.4.
Declare martial law (in the case of rebellion or invasion)
7. Executive clemency discretionary mercy of the president
7.1.
Remission (cancellation) of fines and forfeitures
7.2.
Reprieve temporary relief or postponement of punishment.
7.3.
Commutation lowers or changes punishment
7.4.
Pardon forgiveness of a certain individual involve in crime of
disturbing peace and order.
7.5.
Amnesty forgiveness of a class or group of persons involve
in crime of bringing down the state. It also requires the concurrence
of Congress.
8. Foreign relation powers
8.1.
Recognition power recognize existence and independence of
other foreign states
8.2.
Deportation expel an undesirable foreigner
8.3.
Enter into international treaties and alliances

9. Budgetary power appropriate or allocate funds to the different government


departments
10.Veto power reject proposed laws by Congress
11.Executive immunity president is immune from any cases or punishment
against him until end of term.

JUDICIARY IN THE PHILIPPINES


QUALIFICATIONS

FOR

SUPREME

COURT

JUSTICES

(COMPOSITION: 14 Associate Justices and 1 Chief Justice. Total of 15 members)

CITIZENSHIP AND KIND OF CITIZENSHIP: Filipino and Natural Born.


MIN AGE: 40 years (actual age on election day)
MIN RESIDENCY: 10 years in the Philippines (count of years is from
election day)
MIN EDUCATION: Law degree and Bar passer
MIN JOB EXPERIENCE: 15 years as judge in any lower court or practice of
law
MUST have the following proven qualities:
1.
Competence
2.
Integrity
3.
Probity
4.
Independence

JUDICIAL POWERS vested in the Supreme Court ONLY (powers of lower


courts are delegated by the Supreme Court)
1. Construe (interpret) meaning and applicability of laws
2. Resolve Justiciable questions questions or issues base on law ONLY, NOT
base on morality, appropriateness, etc.
3. Resolve political questions
4. Judicial review inquire into the constitutionality of acts of government and
uphold supremacy of the constitution
5. Power over assignment of cases (in the case of assigning cases to judges and
in ordering change of venue of trial)
6. Rule-making power make its own rules for judicial proceedings
7. Appointing power appoint judges in lower courts
8. Supervisory power supervision over the functions and duties of lower courts
9. Original jurisdiction over petitions involving the following:
9.1.
Diplomats
9.2.
Certiorari order a lower court to transmit case records to a
higher court for review
9.3.
Prohibition order a lower court to cease and desist from
further proceedings
9.4.
Mandamus order a lower court to perform its duty

9.5.
Quo warranto order to recover a government office from
somebody unlawfully holding it
9.6.
Habeas corpus order to present a detained person to court so
that the legal reasons for detention can be determined