Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
2nd QUARTER
Name:
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Table of Contents
Content Standard
Performance Standard
Duration
Multiple Choice
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Guidelines in using this Module
This is your deliverables as culmination of this module. You are expected to demonstrate your
learnings about the concepts of the topics being discussed.
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Part I. Learning Module Standard
Before we proceed to the lesson, let’s have an activity. Find and encircle the words that
you can see in the puzzle. These are the words that is connected to our lesson.
C A N P F E X N K I V O U
O S Q R D F B A B B M F B
N F A E X E C U T I V E L
G N Z S C O R I C L N Q A
R K C I Z D Y P R L P S I
E L F D L L R C N O E V C
S T S E N A T O R L R X I
S X R N Y W M U O H I J D
J Z E T I I P R X B J G U
K V D G J U S T I C E L J
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Lesson 6
The Executive Department
The Philippines has adapted the presidential, unitary, and republican system of
government. Under a presidential system of government, the executive, legislative, and
judiciary branches are separate and distinct from each other. This means that each of the
branches is bestowed with independent powers and responsibilities, and that each is expected to
work in its own sphere. Such setting is guided by the principle of separation of powers.
While it is true that they are distinct from each other, one branch is granted
powers to check on the others’ exercise of prescribed legal mandates. This constitutional
provision is a guarantee which assures that one branch does not abuse its powers is known as
the doctrine of checks and balances .Remember, however, that while the branches of the
government are guided by these principles, they also are expected to work and cooperate with
each other in providing for the welfare of the citizens. In this module, the structure and
organization, powers and responsibilities, and issues and challenges of the Philippine executive
are discussed.
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SECTION 3-There shall be a Vice-President, who shall have the same qualifications and term of
office and be elected with and in the same manner as the President. He may be removed from
office in the same manner as the President.
SECTION 4-The President and the Vice-President shall be elected for a term of six years. The
President shall not be eligible for any reelection. No person who has succeeded as President and
has served as such for more than four years shall be qualified for election to the same office at
any time. No Vice-President shall serve for more than two consecutive terms. The Supreme
Court shall be the sole judge of all contests relating to the election of the President and Vice-
President.
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
The period during which the incumbent holds the position.
SECTION 8- In the case of death, permanent disability, removal from office, or resignation of the
President, the Vice-president shall become the President to serve the unexpired the term.
-In the case of death, permanent disability, removal from office, or resignation of both
the President and the Vice-President, the President of the Senate or, in the case of his inability,
the Speaker of the House of Representatives, shall then act as President until the President or
Vice-President shall have been elected and qualified.
SECTION 9- Whenever there is a vacancy in the Office of the Vice-President during the term for
which he was elected, the President shall nominate a Vice-President from among the members of
the Senate and House of Representatives.
SECTION 10- The congress shall after the vacancy in the offices of the President and VP occurs,
convene, and enact a law calling for a special election to elect a President and VP.
SECTION 13-The president, the VP, the members of the Cabinet shall not, unless otherwise
provided in the Constitution, hold any other office or employment during their tenure. They shall
not practice any other profession, participate in any business or be financially interested in any
contract with the Government.
-The spouse and relatives by consanguinity or affinity within the fourth civil degree of
the President shall not during his tenure be appointed as members of Constitutional
Commissions or the Office of the Ombudsman, as Secretaries or Heads of bureaus or offices.
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SECTION 17- The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.
Control Power- President may alter or modify or set aside actions of subordinate officers. He
also has the authority to supervise, investigate, suspend or remove erring officers.
SECTION 18- The President shall be the Commander-in-Chief of all armed forces of the
Philippines, and whenever it becomes necessary, he may call out such armed forces to prevent
or suppress lawless violence, invasion or rebellion, he may, suspend the privilege of the writ of
habeas corpus or place the Philippines or any part thereof under martial law.
Restrictions on the President’s power to declare Martial Law.
1. There must be an invasion or rebellion and public safety requires the proclamation or
suspension;
2. The duration shall not exceed 60 days unless extended by the Congress;
3. The President must submit a report to Congress (in person or in writing) within in 48 hours
after the declaration or suspension;
4. The declaration may be revoked by majority vote of all the members of the Congress voting
jointly;
5. The Supreme Court may inquire into the sufficiency of the factual basis of the Proclamation.
SECTION 19- The President may grant reprieves, commutations and pardons. He shall also
have the power to grant amnesty with the concurrence of a majority of all the members of the
Congress.
1. Reprieve-is the postponement of the execution of a death sentence
2. Commutation-is reduction of the sentence imposed for a lesser punishment.
3. Pardon- is an act grace which exempts the individual from the punishment the law inflicts for
a crime he has committed.
4. Remission-is an condonation of the financial obligation and the return of properties
confiscated by a reason of the commission of the offense and conviction of the offender.
5. Amnesty-is an act of a sovereign power granting a general pardon for a past offense usually
granted in favor of a certain class of persons which have committed crimes of a political
character. When one is granted amnesty, it is like he has not committed any offense.
SECTION 20-The President may contract or guarantee foreign loans on behalf of the Republic
of the Philippines with the prior concurrence of the Monetary Board of Bangko Sentral ng
Pilipinas, and a subject to such limitations as may be provided by law.
SECTION 21-No treaty or international agreement shall be valid and effective unless concurred
in by at least two-thirds of all the Members of the Senate
SECTION 22- The President shall submit to the Congress within thirty days from the opening of
every regular session, as the basis of the general appropriations bill, a budget of expenditures
and sources of financing, including receipts from existing and proposed revenue measures.
SECTION 23- The President shall address the Congress at the opening of its regular session.
He may also appear before it at any other time. Section 23 gives an opportunity to the President
to give information on the “state of the nation” and to recommend such measures to the
legislature as he may deem necessary and proper.
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What have you learned so far?
1. What are the powers of the vice president according to our constitution?
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2. What are the tasks given to the vice president in the current administration?
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Activity 1: Functions/Power Organizer
Based on your understanding of the powers of the executive , fill out the diagram below.
PRESIDENT
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Lesson 7
The Legislative Department
This lesson is a survey of the legislative branch of the government of the Philippines. It
also focuses on the components of the Constitution that pertains to the legislative power and the
important role that the legislative branch plays in our government.
Discuss the functions and responsibilities of the Philippine Senate and the House of
Representatives.
Assess the performance of the Philippine Congress
Appraise the impact of Congress’s performance on Philippine Development
Defend a position or advocacy legislative
Principle of Separations of Powers
Each government branch is not permitted to encroach upon the powers confided to others. The
arbitrary rule will result if the same body is to exercise all powers of the government.
Principle of Checks and Balances
Authorizing a considerable amount of encroachment or checking by one branch in the affairs of
the others. Each branch is given certain powers with which to check others.
President may disapprove bills enacted by the Congress
Congress may reject appointment by the President
Judiciary may declare unconstitutional laws passed by the Congress
Executive Order No. 464
September 26, 2005.
This is to implement the Constitutional provisions on the separation of powers between co-equal
branches of the government, all heads of departments of the Executive Branch of the
Government shall secure the consent of the President before appearing either House of
Congress.
Article VI-Legislative Department
SECTION 1-The Legislative power shall be vested in the Congress of the Philippine which
shall consist of a Senate and a House of Representatives. Legislative Power refers to
make laws, and subsequently, to alter and repeal them
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SECTION 2- The Senate shall be composed of twenty-four Senators.
SECTION 3: -No person shall be a Senator unless he is a natural-born citizen of the
Philippines, and on the day of the election, is at least, thirty-five years of age, able to read
and write, a registered voter, and a resident of the Philippines for not less than two years
immediately preceding the day of the election.
SECTION 4-The term of office of the Senators shall be six years. No Senator shall serve
more than two consecutive terms. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of his service for the full term for
which he was elected.
SECTION 5: The House of Representatives-shall be composed of not more than two
hundred and fifty members who shall be elected from legislative districts. The Party-List
representatives shall constitute twenty per centrum of the total number of representatives.
Two kinds of members of the House of Representatives
1. District Representative- elected directly and personally from the territorial unit he
is seeking to represent.
2. Party-List Representative- Chosen indirectly, through the party he represents,
which is the one voted for by electorate. This is to give an opportunity to
marginalized sectors to have their voices heard.
SECTION 6- No person shall be a Member of the House of Representatives unless he is a
natural-born citizen of the Philippines and, on the day of the election, is, at least, twenty-five
years of age, able to read and write, and except for the party-list representatives, a
registered voter in the district in which he shall be elected, and a resident thereof for a
period not less than one year immediately preceding the day of elections.
SECTION 7- The Members of the House of Representatives shall be elected for a term of
three years. No member of the House of Representatives shall serve for more than three
consecutive terms.
SECTION 11- A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No member shall be questioned nor be held liable in any other place
for any speech or debate in the Congress or in any committee thereof.
Freedom from Arrest
Offenses punishable by not more than six years imprisonment
While Congress is in session
Freedom of Speech
Remarks must be made in connection with the discharge of official duties.
While Congress is in session
The reason for the congressional privileges
To enable members of Congress to discharge their functions adequately and
without fear. It is true that the rights may be abused. However, the harm which
would come from its abuse is considered slight compared to that which might
arise if the privileges were not given.
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SECTION 12-All members of the Senate and the House of Representatives shall, upon the
assumption of office, make a full disclosure of their financial and business interest. They
shall notify the House concerned of a potential conflict of interest that may arise from the
filing of a proposed legislation of which they are authors.
SECTION 13-No Senator or Member of the House of Representatives may hold any other
office or employment in the Government during his term without forfeiting his seat. Neither
shall he be appointed to any office which may have been created nor the emoluments
thereof increased during the term for he was elected
Incompatible office
The office which is not held by a member of a Congress outside the legislative
department. There is a need for members to devote their time and attention to
the discharge of their legal responsibilities.
Forbidden office
The office which a member of a Congress may not be a beneficiary because of
being a participant when said the office was created. Hence, a member of
Congress shall not be eligible for appointment to such office even if he resigns
SECTION 15-The Congress shall convene once every year on the fourth Monday of July for
its regular session, and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. The President may call a special session at any
time.
SECTION 16-
1. The Senate shall elect its President and the House of Representatives its Speaker, by a
majority vote of all its respective Members.
2. A majority of each House shall constitute a quorum to do business
3. Each House may determine the rules of its proceedings, punish its Members for
disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend
or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.
4. Each House shall keep a Journal of its proceedings, and from time to time publish the
same, excepting such parts as may, in its judgment, affect national security
Quorum
Some membership which is competent to transact its business; is, at least, one
half plus one of the members of a body
Legislative Journal
The official record of what is done and passed in a legislative assembly and
the proceeding occurred from day to day.
SECTION 17- The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members…
SECTION 18-There shall be a Commission on Appointments shall act on all appointments
submitted to it.
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SECTION 21-The Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its duly published
rules of procedure. The rights of persons appearing in or affected by such inquiries shall be
respected.
SECTION 26- 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. Upon the last reading of a bill, no amendment
to its shall be allowed, and the vote thereon shall be taken immediately after that, and the
yeas ang nays entered in the Journal.
SECTION 27-Every bill passed by the Congress shall, before it becomes 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 on its Journal and proceed to reconsider it. If, after such reconsideration,
two thirds of all members of such House shall agree to pass the bill, it shall be sent 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 law. 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 law as if he had signed it.
The Law
A body of rules of conduct or action, prescribed by a compelling authority which the people
must follow and obey subject to legal sanctions and consequences in case of violation.
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Types of laws
1. Constitution. It is the fundamental or the supreme law of the land.
2. Statute. This is law passed by Congress.
3. Jurisprudence. This is law composed of decisions promulgated by the Supreme Court.
4. Treaties. This is agreement entered between and among the Philippines and other States
or other entities.
5. Ordinances. This is passed by local government.
PICTURES
Explanation:
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Activity 3: Get To Know Your Representative
Answer the questions from the information you learned.
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Activity 4: Get To Know Your Senator
Answer the questions from the information you learned
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Lesson 8
The Judicial Department
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Scope of Judicial Power
Adjudicating Power-the power to settle legal disputes.
Power of Judicial Review-refers to the power of the Supreme Court to interpret and
make judgments with respect to the law
Incidental Powers-powers necessary for the discharge of the judicial function.
Three kinds of courts in the country:
1. Supreme Court-The highest court in the land
2. Regular Court- Appellate Court, Regional Trial Court, etc.
3. Quasi-Judicial Bodies-NLRC, SEC, etc.
Composition
One Chief Justice
Fourteen Associate Justices
Qualifications
A. Justices of the Supreme Court’
Must be a natural born citizen of the Philippines
At least 40 years old
15 years or more as a judge of a lower court or engaged in the practice of law in
the Philippines
Must be a person of proven competence, integrity, probity and independence.
B. Judges pf the Lower Courts
A citizen of the Philippines
A member of the Philippine Bar
Must be a person of proven competence, integrity, probity and independence.
Tenure of Office
Members of the Supreme Court (SC) and judges of the lower courts shall enjoy
their office during good behavior
Members of the SC shall enjoy the position until they are removed in the long
and complicated process of impeachment
Hold office until they reached 70 years or become incapacitated
Until dismissed by members of the SC for a probable cause
Power of the Supreme Court
1. Cases involving ambassadors and public ministers. Petitions for certiorari, mandamus,
quo warranto, prohibition and habeas corpus.
Certiorari-individual action; a writ issued by a superior court requiring a lower
court or a board of officer exercising judicial function to transmit the records of a
case to the higher tribunal for purposes of review.
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Prohibition- a written order by which a superior court commands a lower court
or a corporation, board, or a person to desist from further proceedings in action
or matter
Mandamus- an order issued by a high court commanding a lower court or a
corporation board, or person to perform a certain act, which is its duty to do. It
orders a compliance or performance of an act.
Quo warranto- an action by the government to recover an office or franchise
from an individual or corporation usurping or unlawfully holding it.
2. Review judgments of lower courts. Cases involving constitutionality, legality of any
tax, reclusion perpetua, and errors on questions of law.
3. Assignment of judges to the lower courts
4. Order a change of venue for a trial
5. Promulgate rules of court
6. Appoint officials of the judiciary and hire employees for the judicial branch
Composition
Chief Justice
Secretary of Justice
Representative from Congress
IBP Representative
Professor of Law
Private Sector Representative
Rendering Court Decisions
Once a decision is reached, an SC Justice is assigned to write an opinion
The opinion is certified by the Chief Justice and served on the parties concerned
Dissentions and abstentions must be explained
The view must explain facts of law
Special Courts
Court of Tax Appeal. It has exclusive jurisdiction over tax appealed by private citizens
and commercial firms who protect the amount of taxes imposed.
Sandiganbayan. It decides cases involving graft and corruption by government and
employee
Ombudsman. Investigates cases of graft and corruption. Otherwise known as Tanod-
bayan.
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What have you learned so far?
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Activity 5: Judicial Framework
Draw the organizational Structure of the Judiciary, label and indicate their particular function
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Activity 6: Justice League
Fill in the names of Chief Justice and fourteen Associate Justices
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Part III. Assessment Tasks
Multiple Choice. Read the question carefully. Choose the letter of the correct answer. Write
the letter on the space provided before each number.
_____1. The following reasons justify the State of the Nation Address (SONA) of the
President except for _______________.
a. law agenda setting
b. transparency and accountability
c. interdependence
d. Legislative and Executive Development Advisory Council (LEDAC)
_____2. Which branch of government is considered the most passive (i.e., does not find issues
to resolve or matters to control)?
a. Executive b. Legislative c. Judiciary d. Bureaucracy
_____3. The President receives a list of nominees to be appointed to the judiciary from the
______________
a. Commission on Appointments
b. Judicial and Bar Council
c. Integrated Bar of the Philippines
d. Department of Justice
_____4. What is the role of the President in diplomacy that pursues our country’s
national interest?
a. Chief Ambassador
b. Head of the Government
c. Commander in Chief
d. Chief Diplomat
_____5. The special court that pursues the cases related to tax and levy issues is the
_______________.
a. DOJ
b. Ombudsman
c. Court of Tax Appeals
d. Sandiganbayan
_____6. This term is known as the “general pardon” given by the President.
a. Pardon
b. Commutation
c. Amnesty
d. Clemency
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_____7. Which of the following reasons is not true for replacing the president or vice
president?
a. He or She is already dead.
b. He or She did not finish his or her education.
c. He or She is considered disabled.
d. He or She already resigned to his/her post
_____8. Which of the following statements is not a duty or obligation of an ordinary
citizen of a country?
a. Be loyal to the republic.
b. Cooperate with duly constituted authorities.
c. Defend the government.
d. Exercise rights responsibly
_____9. The _______________ is the highest court in the Philippines.
a. Court of Appeals
b. Supreme Court
c. Office of the Ombudsman
d. National Labor Relations Commission
_____10. An impeachment case _______________.
a. must originate from the Lower House
b. must be rejected by either the Lower House or the Upper House
c. cannot originate from the Upper House
d. cannot be rejected by the Upper House
_____11. During the _______________, the bill is approved by the majority of
members.
a. first reading
b. second reading
c. third reading
d. bicameral conference
_____12. If the state is a political concept, the nation is _______________.
a. structural
b. ethnic
c. economic
d. democratic
_____13. The concept of sovereignty presupposes the existence of the following
except for
_______________.
a. territory
b. state
c. intervention
d. jurisdiction
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_____14. The territorial bound sovereign entity is known as the _______________.
a. land
b. state
c. population
d. government
_____15. Which of the following statements is not true about the Commission on
Appointments?
a. It is tasked to confirm or reject presidential appointments.
b. It can only meet while the Congress is in session.
c. It is chaired by the senior justice.
d. It is legislative in composition but executive in functio
“The powers of Congress must be defined, but their means must be adequate to the purposes
of their constitution. It is possible there may be abuses and misapplications; still it is better to
hazard something than to hazard at all”.
-Oliver Ellsworth letters to Governor Trumbull
Congratulations! You did a great job! You just finished module 4. Rest and relax
for a while then we will move on to the next lesson.
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