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REPUBLIC OF

THE PHILIPPINES

Article VI, VII and VIII


Article VI

THE LEGISLATIVE BRANCH


TRILOGY THEORY

States that the power of the states is


vested on the three branches of the
government
Definition

1. Legislative Power
The authority under the constitution to
make laws, and to alter and repeal the
same
2. 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.
Philippine Laws
1. Constitution
The fundamental or supreme law
2. Statutes
Law passed by Congress
3. Jurisprudence
Consists of decisions promulgated by the Supreme
Court
4. Treaties
Agreements entered between and among the
Philippines and other States or other entities
5. Ordinances
Passed by local government
The Philippine Congress
The Philippine Congress exercised the power to make,
to alter and modify laws of shall be composed of:

1. SENATE (upper house) and


2. HOUSE OF REPRESENTATIVE (lower house)
A. The Senate
Composition and election:
Composed of 24 senators
Election held on the second Monday of May
The upper house shall be held by a Senate President
Qualifications of a Senator
Natural-born citizen of the Philippines
Able to read and write
Resided in the Philippines for at least 2 years
immediately preceding the election where he seeks
office

Registered voter
At least 35 years of age at the day of the election
Term of Office
Six years
Disqualified to serve for more than 2 consecutive terms
B. The House of Representative
Classification of Members
a. District representative one who represents a
legislative districts
b. Sectoral representative one who represents a
sector
c. Party-list representative one who represents a
political party
Qualifications of Members
Natural-born citizen of the Philippines
Able to read and write
Resided in the Philippines for at least 1 year
immediately preceding the election where he seeks
office

Registered voter
At least 25 years of age at the day of the election
No representative shall serve as such for more than
three consecutive terms.
Election and Salaries of Members of
Congress
Kinds of Election of members of Congress
a. Regular election held on the second Monday of
May, unless another date is provided by law
b. Special election called in case of vacancy in the
senate or in the office of a representative

The salaries of the members of congress shall be


determined by law.
Powers and Privileges of Members of
Congress
1. Parliamentary Immunities
a. Freedom from Arrest
- a member of congress cannot be arrested for an
offense punishable by not more than 6 years
imprisonment
b. Freedom from questioned for speech and debate
- a member of congress cannot be questioned or
made liable for speeches or words uttered in relation
with his performance of his duties
2. Power of Legislative Inquiry and Investigation
- require the presence of any person before it for the
purpose of aiding the said body in the conduct of its
legislative functions

3. Power to declare the existence of a State of War


- the congress has the sole power to declare the
existence of a war
- declared by the vote of both house in joint session but
voting separately

4. Power to Override Veto by the President


5. Law- Making Power of Congress
Bill a draft of a law submitted to the consideration of a
legislative body
Formal Parts of a Law
Title
Announces the subject matter of
the law
Preamble
Introduction
Enacting Clause
Be it enacted by the Senate of the
Philippines in Congress
Assembled.
Body
Portion containing the
proposed law.
Effectivity Clause
Portion providing for the time
when the law shall take effect
15 days following the
completion of its publication
When a bill becomes a law?
When the president approves the bill, by
signing it.
When the congress re-passed the law.
When the president does not
communicate his rejection or approval to
the chamber where the bill originated
within 30 days from receipt of the copy.

Overriding the veto 2/3 votes


Kinds of Bill
1. Appropriation bill
- A bill which primary aim is to authorize the payment
of money from the public treasury for a specified
purpose
2. Revenue bill
- purpose is to raise income for the government
3. Tariff bill
- provides for imposition of taxes on imports
Bill authorizing increase of the public debt
- bill which creates indebtedness
Bill of local application
- purely for local concern
Private bill- affecting purely private interest
Steps in the Passage of a Bill
First Reading
Referral to appropriate committee
Second Reading
Debate
Printing and distribution
Third Reading
Referral to the other House
Submission to joint Bicameral Committee
Submission to the President
Limitations Imposed on Members of
Congress
The Doctrine of Incompatible Office
No senator or representative may hold any other
office or employment in the government, or any
subdivision, agency or instrumentality thereof, during
his term without forfeiting his seat.
The Doctrine of Forbidden Office
A member of congress shall not be appointed to any
office which may have been created or the
emoluments thereof increased during the term for
which he was elected.
Appearance as Counsel
He shall not directly or indirectly
be interested financially in any
contract with the government
during his term office.
EXECUTIVE DEPARTMENT
Definitions
Executive Department
Branch of government which is
tasked with the implementation of
the laws
Executive Power
Power to administer laws
Executive
President
Composition
President
Vice President
Qualifications of the President and the
Vice President
Natural-born citizen of the Philippines
Able to read and write
Resided in the Philippines for at least 1o years
immediately preceding the election

Registered voter
At least 40 years of age at the day of the election
Election and Term of Office of the
President and Vice- President
The president and the vice-president shall be elected by
a direct vote of the people for a term of six years
In case of a tie between two or more candidates the
Congress shall decide the winner by a vote of the
majority of the members of both houses, voting
separately
Any election contest is decided by the Supreme Court
sitting en banc
The president is not eligible for reelection while the vice-
president can be reelected but cannot be allowed to
serve for more than 2 successive terms
Term of Office vs. Tenure of
Office
Term of office
The period, duration or length of
time during which an officer may
claim to hold the office as a right
Tenure of office
The period during the officer
actually holds the office
When shall the Vice-President acts or
become the President
The elected President fails to qualify
A president has not been chosen
In case of temporary inability or
incapacity of the President
When the president dies
When has become permanently
disabled or has resigned
Vacancy in the Office of President or the
Vice-President
President shall nominate from among the members of
the Congress who shall assume office when the
nomination is confirmed by a majority vote of the
members of both Houses
The congress shall convene and enact a law calling a
special election for the election of President and Vice-
President
The special election should be passed within 7 days
after the Congress convened
Limitations on the President, Vice-President,
Members of Cabinet and their Assistants
They shall not hold any other office or
employment
They shall not practice any other
profession
They shall not participate in any
business
Prohibit to appoint his spouse and
relatives within fourth civil degree to
any position mentioned
Powers of the President
Power of Appointment
The act of designation by an executive officer,
board or body or to whom the power has been
delegated, of the individual who is to exercise the
functions of a given office. Permanent or
temporary
Kinds of Presidential Appointments
1. Regular made during the sessions of congress
2. Ad interim appointments made during recess of
Congress
Power to remove
Power of control over all executive departments,
bureaus, and offices
Control over the cabinet members alter ego of the
president; act in accordance with the presidents order
Military Power of the President
Power to declare martial law law which applies
when the military arm does not supersede civilian
authority but is called upon to aid in the execution of
its functions
Pardoning Power
Kinds of Pardoning Power
Reprieve postponement of the execution of a death
sentence
Remission of fines and forfeitures condonation of the
financial obligation and the return of properties
confiscated by reason of the commission of the offense
and conviction of the offender
Commutation the reduction of sentence imposed;
changing of punishment to one less severe
Pardon an act of grace that sets aside punishment for
a crime
Kinds of Pardon
Absolute
Pardon not subject to any
condition
Conditional
Pardon granted with a condition
Amnesty

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, its like he has not
committed any offense.
Power to contract loans/borrowing power
Power to enter into contract or guarantee foreign
loans on behalf of the Republic of the Philippines
Power to enter into a treaty/Diplomatic power
Treaty a compact or agreement made into
between two or more states
Budgetary power
Budget financial program of the national
government for a designated calendar year
Veto power
Authority of the president to render a bill passed by
the Congress null and void.
THE JUDICIAL DEPARTMENT
Definitions
Judicial Power
The power to apply the laws to contests or
disputes concerning legally recognized
rights and duties between the state and
private persons, or between individual
litigants in cases properly brought before
judicial tribunals.
Power of Judicial Review
The power of the courts to interpret the
constitution and to declare any legislative
or executive acts invalid when it goes
against the constitution
Composition
One Chief Justice
Fourteen Associate Justice
Note: Supreme Court the highest
court of the land
The final arbiter of
controversies and disputes
brought by the parties to the
courts of law
Qualifications
A. Justices of the Supreme Court
Be a natural born citizen of the
Philippines
At least 40 years old
Have, for 15 years or more been a
judge of a lower court or engaged in
the practice of law in the Philippines
Be a person of proven competence,
integrity, probity and independence.
B. Judges of the Lower Courts
A citizen of the Philippines
A member of the Philippine
Bar
Be a person of proven
competence, integrity, probity
and independence.
Tenure of Office of the
Judiciary
Members of the Supreme Court and
judges of the lower courts shall enjoy their
office during good behavior
Members of the SC shall enjoy the office
until they are removed in their long and
difficult process of impeachment
Hold office until they reached 70 years or
become incapacitated
Until dismissed by members of the SC on
a probable cause
Jurisdiction over petitions:
Certiorari special action; a writ issued
from 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 court for purposes of
review
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
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
Decides cases involving graft and
corruption by government and
employee
Ombudsman
Investigates cases of graft
and corruption
Otherwise known as
Tanodbayan
Questions: Explain briefly
1. A group of persons believed that the last day of year 2012 is
the end of the world. Believers think that balls of fire will fall
from the sky. In order to save themselves, members of the
cult constructed a tunnel in a land owned by their leader. In
December of that year, members of the cult decided to go
inside the tunnel and their wait for the catastrophe to pass.
Government engineers however, found the tunnel to be
dangerous and to say there is a great risk.
a. Can the court order the members of the sect to stop
believing that balls of fire will fall from the sky because it
only creates fear among the people?
b. Can the court stop the members of the sect from going inside the
tunnel without violating religious freedom?
2. Is there a violation of accused constitutional rights when he is
compelled to place his foot on a piece of paper to secure his
footprints?