THE 1987 CONSTITUTION OF

THE PHILIPPINES
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE X
ARTICLE XI

CUETO, IVY NADINE F

14-04016
ARC-4202
 ARTICLE VI
THE LEGISLATIVE DEPARTMENT
 The Legislative branch, in Latin term “legis” meaning law. The Legislative branch

serves as the law making body of the government. This branch of the government has

the authority to make, alter and repeal the laws. The law makers deliberates the laws,

legal matters and conduct debates pertaining to the issues and concerns of the

Philippine government
 ARTICLE VI
Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and
a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
The congress of the Philippines under the constitution is bicameral form
(bicameralism). It consist of two-house legislature – the Senate and the House of
Representatives.
The legislative power granted to the congress is classified into constituent, which is
the power to amend and revise the constitution, and ordinary, which is the power to
pass ordinary laws.

ARTICLE VI
Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters
of the Philippines, as may be provided by law.
The senate of the Philippine government is composed of 24 senators whom they
elected at large by the qualified voters. This means that all senators in the Philippines
are being elected in a national election. The question why there are only 24 senators
despite the wide scope of population in the Philippines is justified in that the
composition of twenty-four (24) would be sufficient in order to at least maintain
economy; senate with only twenty-four (24) may be able to achieve quality of
legislation.
 ARTICLE VI
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.

The qualifications for senators are the following

• Natural-born citizen of the Philippines. This implies that those who are naturalized
accordance with law are not qualified to serve as members in the senate.
• At least 35 years of age. On the day of election, that is during the casting of votes and
not after or much so on the day of proclamation.
• Able to read and write.
• A registered voter. They are also required to be a registered voter which is equivalent
to the term qualified voter. A qualified voter is one having the constitutional
qualifications for the privilege, who is duly registered pursuant to law, and has the
present right to vote at the election being held.
• A resident of the Philippines for not less that two (2) years. Residence for election
purposes is used synonymously with domicile. It is defined as the permanent home,
the place to which, whenever absent for business or pleasure, one intends to return.
 ARTICLE VI
Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at
noon on the thirtieth day of June next following their election. No Senator shall serve for 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 of which he was elected.

The term of office of senators is 6 years which shall begin under otherwise provided by law at noon
on the 30th day of June after the election. Term of office which refers to the period fixed by
law/constitution during which a member of congress or an elective official will hold office, should be
distinguished from tenure office which speaks of the actual number of years during which the official
holds the office. It follows that term of office is generally longer than tenure.
No senator can serve for more that 2 consecutive terms, and since the term of office is 6 years, then
what is prohibited under the constitution is more than 12 successive years. The purpose of this
prohibition as to the number of years a person can hold office as senator is to give opportunity to
others who are competent and deserving to be elected senator.
However, it should be noted that there is no limit as to the number of years a person can serve as
senator. Although he had already served for 2 continuous terms, he can still run again to the same
office provided there is an interval.
Voluntary renunciation of office for any length of time, like for example resignation, shall not be
considered as an interruption in the continuity of his service for the full term for which he was elected.
 ARTICLE VI
Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty
members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided
by law, shall be
elected through a party-list system of registered national, regional, and sectoral parties or
organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the ratification of
this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided
by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided by law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least two hundred fifty thousand, or each province, shall
have at least one representative.
(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.
 The house of representatives consists of men and women who are the elected
representatives of the Filipino people. We expect the members of the house to
represent our needs and aspirations and to carry out our desires on matters of
matters of national concern.
The house of representatives is composed of 10 times larger than the
membership in the senate. It is composed of not more than 289 members unless
otherwise as fixed by law. It consists of two kinds of members namely
• District representative – elected from legislative districts appointed among the
provinces, cities, and the metropolitan manila area. They constitute the majority 80%
of members of the house of the representatives.
• Party-list representatives – elected through the party-system of registered national,
regional, and sectoral parties or organization. They shall constitute twenty percent of
the total number of representatives.
 ARTICLE VI
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 the
party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a
period of not less than one year immediately preceding the day of the election.

Like senators district representatives must also be natural-born citizens and able to
read and write. The age requirement is lowered to 25 years, which must be possessed on
the day of the election. This will explain why the members of the house are younger
than members of the senate.
The constitution also requires that aspirant to the House of Representatives be a
registered voter in the district in which he shall be elected, a resident thereof for a
period of not less than one year immediately preceding the election. The purpose of
this is to prevent the possibility of a stranger of newcomer unacquainted with the
conditions and needs of a community and not identified with the latter, from an
elective office to serve that community.
 ARTICLE VI
Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of
the House of Representatives shall serve for more than three 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.

The term of office of a congressman is reduced to 3 years and like a senator, shall
commence at noon on the 30th day of June unless otherwise as fixed by law next
following their election.
They can only be elected for 3 consecutive years of a continuous service of 9 years,
however, like the senators there is no limit as to the number of years a person can hold
office as congressman. They can still be elected for the same office, provided there is an
interruption after serving for 3 consecutive terms.

ARTICLE VI
Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of
Representatives shall be held on the second Monday of May.

Regular election is the regular election of both the members of the Senate and
House of Representatives and shall be held on the second Monday of May.
 ARTICLE VI
Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill
such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus
elected shall serve only for the unexpired term.
Special Election is an election called for to fill a vacant position in the two
chambers of Congress in a manner provided by law. In case a Senator or a Congressman
is elected in a special election to fill a vacant seat, it shall only serve for the unexpired
term.
ARTICLE VI
Section 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the expiration of the full term of all the Members of the
Senate and the House of Representatives approving such increase.
The Constitution fixed initially the annual salary of senators and congressmen to
two hundred four thousand each. These are subject to change by law. But when the
members of Congress passed and approved an increase in their compensation, it shall
take effect only after the expiration of the full term of all the members of the Senate and
the House of Representatives approving such increase.
The purpose of this restriction is to provide a legal bar to the legislators yielding to
the natural temptation to increase their salaries. Not that the power to provide a higher
compensation is lacking, but with the length of time that has to elapse before an
increase becomes effective, there is a deterrent factor to any such measure unless the
need for it is clearly felt
 ARTICLE VI
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.

Privilege from Arrest applies while Congress is in session in all offenses punishable
by not more than six years imprisonment. The purpose for granting members of
Congress immunity from arrest is to ensure that they are not prevented from
performing their legislative duties. This includes both civil and criminal offenses,
provided it is not punishable by imprisonment of six years or a member of Congress can
only invoke the immunity from arrest for relatively minor offenses
Privilege of Speech and Debate applies for any speech or debate on Congress or in
any of its committee. This privilege means that members of Congress cannot be sued or
prosecuted for anything they saw or write in connection with their legislative duties.
This guarantees the legislator complete freedom of expression without fear of being
made responsible in criminal or civil actions before the courts or any other forum
outside the Congressional Hall. It is indispensably necessary that he should enjoy the
fullest liberty of speech and that he should be protected.
 ARTICLE VI
Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full
disclosure of their financial and business interests. 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.

The most remarkable organizational structure of the Congress is its set of committees more
popularity known as legislation committees. The Committees perform the actual work of legislation in
both Houses of Congress. The initial stage in the enactment of a law takes place in the Committee.
When a bill is introduced by a member of the House of Representatives or the Senate, it is first
referred to the proper committee who will study the proposed legislation and will later submit a report
which may either recommend the approval or disapproval of the bill.
Types Of Committees In Congress.
• Standing committees are permanently established legislative committees that review proposed
legislation. They are the only ones who proposed legislation by reporting a bill out to the full house
or senate.
• Select committees are those that are created for a specific purpose and usually for a limited period
only such as conducting an investigation or addressing matters of great national concern.
• Joint committees are those created by both house of congress with members coming from both.
Joint committees have also been created to address special concerns.
 ARTICLE VI
Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any
office which may have been created or the emoluments thereof increased during the term for which he was elected.

A member of the Congress is prohibited from holding any other office or

employment in the government, or any subdivision, agency, or instrumentality thereof,
including government owned and controlled corporations or their subsidiaries, during
his term without forfeiting his seat in, or what is known an incompatible office. What is
not permitted is a simultaneous or concurrent holding of an office in the government by
members of Congress. However, he may hold office provided he forfeits his seat
automatically in Congress. It must be noted that not all positions in the government are
considered incompatible office as there are some positions specifically provided under
the constitution which a senator or a congressman can hold concurrently without
forfeiting his seat like membership in the electoral tribunal or commission on
appointments.
 ARTICLE VI
Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before
the Electoral Tribunals, or quasijudicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially
in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in
any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

A member of the Congress also is not allowed from being appointed to any office, which may have
been created, or the emoluments thereof increased during the term for which he was elected, or blown
as the forbidden office. Under this, the member of the Congress is totally prohibited unlike in the case
of incompatible office from occupying such offices even if he is willing to forfeit his seat. However, the
ineligibility is limited only until the expiration of the term of the member of congress.
In addition to these, members of the Congress are not allowed from personally appearing as
counsel before any court of justice or before the electoral tribunals, or quasi-judicial and other
administrative bodies. They are also prohibited from being financially interested, directly or indirectly
in any contract with, or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government owned and controlled
corporation, or its subsidiary during their term of office. And lastly, they are restricted from
intervening in any matter before any office of the government for their pecuniary benefit or when they
may be called upon to act on account of their office. These are all intended to prevent members of the
congress from taking advantage, pecuniary or otherwise, of their position in their dealings with the
courts, or in their business operations, or in their dealing with any government agency or corporation.
 ARTICLE VI
Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different
date is fixed by law, 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.

There are two kind of sessions in congress, the regular and special session. The
house of representatives holds its session in batasang pambansa complex while the
senate in gsis complex.
•Regular session is a session convened once in every year starting on the fourth Monday
of july, unless a different date is fixed by law. It may continue for such number of days or
may last as long as congress wishes until 30 days before the opening of its next regular
session, exclusive of Saturdays, Sundays and legal holidays.
•Special session is a session called by the president while the congress is in recess,
generally to consider a legislation he may designate in his call.
The constitution requires that neither house during the sessions of the congress,
shall, without the consent of the other, adjourn for more than 3 days, nor to any other
place than that in which the two houses shall be sitting.
 ARTICLE VI
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. Each House shall choose such other officers as it may deem
necessary.
(2) A majority of each House shall constitute a quorum to do business, but a smaller number may
adjourn from day to day and may compel the attendance of absent Members in such manner, and
under such penalties, as such House may provide.
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly
behaviour, 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; and the yeas and nays on any
question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each
House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Quorum. Quorum is the number of members of the body which, legally assembled in their proper
places, will enable the body to transact its proper business, or in other words, that number that makes
a lawful body and gives it power to pass a law. A majority of each shall constitute a quorum to do
business. In case of a smaller number, it may adjourn from day to day and may compel the attendance
of absent members to attend sessions if the reason for the absence is a legitimate one.
Rule of procedure. Rules of procedure are rules made by any legislative body as to the mode and manner
of conducting the business of the body. Hence, rules of procedure are clearly mandatory for the
orderly functioning of either house or congress. Under the constitution, both houses of congress may
determine its rules of procedure. They must not, however, be contrary to any constitutional
provisions, nor violate fundamental rights
The purpose of these rules of procedure is to have order in the conduct of business of the
congress especially on its principal task of lawmaking hence, rules of procedure include the procedure
in the readings of the bill, the conduct of debate, session, manner of voting among others.
Journal and record of proceedings. The constitution requires the two houses of the congress to keep a
journal of their proceedings and requires certain matters to be entered in them. Journal is a record
of what is done and passed in a legislative assembly. It is a day-to-day record of the proceedings of
congress.
The journal has a two-fold purpose, that is, to ensure publicity to the proceedings and to provide proof
of what actually transpired in congress. The following are the matters required to be entered in journal:
• Yeas and nays on any question shall, at the request of one-fifth of the members present;
• Yeas and nays on the third and final reading of a bill;
• Yeas and nays on the re-passing of a bill vetoed by the president;
• Veto message of the president;

Discipline of members. The two chambers of the congress are vested exclusively the power to discipline
their members for disorderly behaviour. The determination of what constitute disorderly
behaviour is within the exclusive discretion of the congress to determine and the courts will not
resume a jurisdiction in any case which will amount to an interference by the judicial department
with the legislature. Punishment of members for disorderly behaviour includes suspension and
expulsion.
 ARTICLE VI
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. Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be
Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or organizations registered under the party-list system represented therein. The
senior Justice in the Electoral Tribunal shall be its Chairman..

The electoral tribunals of the senate and house were created by the constitution as special
tribunals to be the sole judge of all contests relating to election, returns and qualifications of the
members of the legislative houses, and, as such, are independent of congress. It was created to
function as a nonpartisan court although two-thirds of its members are politicians.
The purpose of the constitution creating electoral tribunals was to provide an independent arid
impartial tribunal for the determination of contests to legislative office, devoid of partisan
considerations, and to transfer to that tribunal all the powers previously exercised by the legislature in
matters pertaining to contested elections of its members.
The electoral tribunals shall be constituted within 30 days after the senate and the House of
Representatives shall have been organized with the election of the president and speaker.
 Each electoral tribunal shall be composed of nine members
•House Of Representatives Electoral Tribunal – composed of 3 justice of the Supreme
Court to be designated by the chief justice and 6 members of the senate chosen on the
basis of proportional representation from the political parties and the parties or
organizations registered under the party-list system therein.
•Senate Electoral Tribunal – likewise to be composed of 3 justices designated by the
chief justice and 6 members of the senate chosen on the basis of proportional
representation. The most senior justice in each electoral tribunal shall be its chairman.
ARTICLE VI
Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio
Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis
of proportional representation from the political parties and parties or organizations registered under the party-list
system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission
shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.

The commission is composed of 25 members, the senate president as ex-officio

chairman, 12 senators and 12 members of the House of Representatives. The members
of the commission are also chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system.
 ARTICLE VI
Section 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days
after the Senate and the House of Representatives shall have been organized with the election of the President and
the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its
Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

The commission on appointments is created by the constitution as an independent

commission in congress although its members are confined to members of congress, to
function as check on the appointing power of the president. The commission shall also
be constituted within 30 days after the senate and the House of Representatives shall
have been organized with the election of the president and speaker.
The commission on appointment, which was originally embodied in the 1935
constitution functions as a check on the appointing power of the president, by
approving or disapproving appointments to important offices in the government
submitted to it by the president. It shall act on all appointment within 30 days from
their submission. In considering nominations submitted to it by the president, the
chairman (senate president) shall not vote except in case of a tie.
 ARTICLE VI
Section 20. The records and books of accounts of the Congress shall be preserved and be open to the public in
accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an
itemized list of amounts paid to and expenses incurred for each Member.

It must be noted that in accordance with the above provisions, seeks to avoid the
recurrence of the abuses committed by the members of the Old Congress in allotting
themselves fabulous allowances the amount of which they refused to divulge to the
people. It is now provided under the Constitution that the books of accounts of
Congress shall be open to public inspection and must be audited by the Commission on
Audit. Moreover, every member of Congress’ itemized expenditures, including
allowances, shall be published annually for the information of the people.
 ARTICLE VI
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.

The two houses of the congress and their respective committees are authorized
under the constitution to conduct investigations or inquiry in aid of legislation or to aid
the congress in its legislative work. The congress conducts investigation to determine if
legislation is needed, to gather facts relevant to legislation, to assess the efficiency of
executive agencies, to build public support, to expose corruption, and to enhance the
image and reputation of its members. A legislative body cannot legislate wisely or
effectively in the absence of information respecting the conditions, which the
legislations intended to affect or change.
Power of legislative oversight
Part of the power to conduct investigation in aid of legislation is the oversight
function of congress. Oversight refers to the responsibility to question executive branch
officials tp see whether their agencies are complying with the wishes of the congress
and conducting their programs efficiently.
 Limitations on the power of investigation
• The exercise of this power is subject to the following limitations:
• Must be in aid of all legislation;
• Must be in accordance with its duly published rules and procedure; and
• The rights of persons appearing in or affected by such inquiries shall be respected.
• Power to punish witness for contempt
• In the exercise of the power of legislative investigation, the congress may punish
witnesses for contumacy or disobedience. Said power must be considered implied or
incidental to the exercise of legislative power or necessary to effectuate said power.
 ARTICLE VI
Section 22. The heads of departments may, upon their own initiative, with the consent of the President, or upon the
request of either House, as the rules of each House shall provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the
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 the State or the
public interest so requires and the President so states in writing, the appearance shall be conducted in executive
session.

Senate cautions that while the above provisions are closely related and
complementary to each other, they should not be considered as pertaining to the same
power of Congress. Section 21 relates to the power to conduct inquiries in aid of
legislation. Its aim is to elicit information that may be used for legislation. On the other
hand, Section 22 pertains to the power to conduct a question hour, the objective of
which is to obtain information in pursuit of Congress’ oversight function. Simply
stated, while both powers allow Congress or any of its committees to conduct inquiry,
their objectives are different.
 ARTICLE VI
Section 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited
period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the
next adjournment thereof.

The congress is also vested under the constitution such other powers, non-
legislative in nature such as the power to declare the existence of war, the power to
concur in presidential amnesties, the power to impeach the president, etc.
 ARTICLE VI
Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose
or concur with amendments.

The first step in lawmaking process is the creation and introduction of a bill. A bill
is a draft of a proposed statute or law submitted to the legislature for enactment. A bill
is introduced by a member of the House of Representatives or senate except to those
which the constitution requires exclusively in the senate.
Only members of the senate and house can formally submit a bill for consideration
in their respective chambers. Although it is usually the senators and congressman who
draft a bill, the president and other interest groups also initiate preparation of bills to
be endorsed by a member of congress.
Under the constitution, all appropriations, revenue or tariff bills, bills authorizing
increase in public dept., bill of local application, and private bills shall originate
exclusively in the House of Representatives, but the senate may propose or concur with
amendments.
 ARTICLE VI
Section 25. (1) The Congress may not increase the appropriations recommended by the President for the operation
of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be
prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the
appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.
(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the
Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for
their respective offices from savings in other items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the
ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall
remain in force and effect until the general appropriations bill is passed by the Congress.
 The following are the guidelines provided by the constitution in the preparation of the general and special
appropriations law.

• The congress may not increase the appropriations recommended by the president for the operation of the
government as specified in the budget. In the preparation of the general appropriations, congress uses as a basis the
budget submitted by the president. The budget is proposed.

• The form, content, and manner of preparation of the budget shall be prescribed by law.

• No provision or enactment shall be embraced in the general appropriations bill unless it relates specially to some
particular appropriation therein. Any such provision or enactment shall be limited in its operation to the
appropriation to which it relates. This provision will eliminated the inclusion in the general appropriations law of
riders or a provision not germane to the subject matter of the bill, and is new and completely unrelated provision
attached to the bill

• The procedure in approving appropriations for the congress shall strictly follow the procedure for approving
appropriations for the other department or agencies.

• No law shall be passed authorizing any transfer for appropriations, however, the president, the president of the
senate, the speaker of the house of representatives, the chief justice of the supreme court, and the constitutional
commissions may, by law be authorized to augment any item in the general appropriations law for their respective
offices from savings in other items of their respective appropriations.

• No public money or property shall be appropriated, applied, paid or employed, directly or indirectly, for the use,
benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
 ARTICLE VI
Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title
thereof.
(2) 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, except
when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.
Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the Journal.

Procedural limitations
These refer to the process or manner of passing law. The following are the procedural limitations
provided under the constitution.
• Every bill passed by the congress shall embrace only one subject which shall be expressed in the title
thereof. The purpose of the constitutional directive that the subject of a bill should be embraced in
its title is to apprise the legislators of the purposed, the nature and scope of its provisions, and
prevent the enactment into law of matters, which have not received the notice, action, and study of
the legislators or of the public.
• No bill passed by either house shall become a law unless it has passed threes readings on separate
days, and printed copies thereof in its final form have been distributed to its members three day
before its passage, except when he president certifies to the necessity of its immediate enactment to
meet a public calamity or emergency.
 ARTICLE VI
Section 27. (1) Every bill passed by the Congress shall, before it becomes a 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 in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together
with the objections, 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 a law. In all such cases, the votes of each House shall be determined by
yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. 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 a law as if he had signed it.
(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill,
but the veto shall not affect the item or items to which he does not object.

Veto Power of the President Particularly:

• a. Every bill must be presented and approved by the President;
• b. In case, the President disapproves a bill, he exercises veto power and returns it,
with his objection, to the House where it originated;
• c. In case the House, after such deliberation, considered the bill as proposed, a 2/3
vote may carry its power to override the veto.
 ARTICLE VI
Section 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of
taxation.
(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations
and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties
or imposts within the framework of the national development program of the Government.
(3) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of
the Congress.

No public money or property shall be appropriated, applied, paid or employed…

directly or indirectly for the benefit, use, or support of any sect, denomination, or
system of religion…except when such preacher, priest… is assigned to the AFP, or to any
penal institution, or government orphanage or leprosarium.
All money collected on any tax 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
created has been fulfilled or abandoned, the balance, if any, shall be transferred to the
general funds of the Government.
 ARTICLE VI
Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support
of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious
teacher, or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
(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 created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general
funds of the Government.
The Constitution provides that No money shall be paid out of the treasury except in pursuance of an appropriation
made by law. This is a recognition that the power to appropriate government funds for the operation of our government
is granted to Congress. The power of appropriation sometimes referred to as the power of the purse, is exercised by the
Congress through the enactment of an appropriation law.

Classification of Appropriation Law

General appropriations Laws. The general appropriations law is the government’s annual budget.
Special Appropriations Law. Appropriations designed for a specific purpose.

The power of the Congress to appropriate funds is subject to certain limitations. These are:
• Public funds may be used only for a public purpose; therefore appropriations must be devoted to a public
purpose. It is a general rule that the legislature is without power to appropriate public revenues for anything but
public purpose.
• The amount appropriated must be certain, which means that the sum authorized to be released should either be
determinate or at least determinable.
 ARTICLE VI
Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in
this Constitution without its advice and concurrence.

The Supreme Court accords or gives weight to cases that should be elevated for
further reviews by the factual findings of the lower court.

ARTICLE VI
Section 31. No law granting a title of royalty or nobility shall be enacted.

Prohibition against granting title of royalty or nobility:

1. It is consistent with the declaration that the Philippines is a democratic and
republican State.
2. It prevents the creation of privileged class which may transmit their classification
by inheritance to their children.
3. Validly create titles of royalty or nobility and confer them to the visiting dignitaries
of the Congress.
 ARTICLE VI
Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the
exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or
law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor
signed by at least ten per centum of the total number of registered voters, of which every legislative district
must be represented by at least three per centum of the registered voters thereof.

• Initiative- It is the reserved power of the people to directly propose and enact laws.
• Referendum- It is the process by which any act or law or any part thereof passed by
Congress or by a local legislative body is submitted to the people for their approval or
disapproval.
The registration of a petition therefor signed by at least 10% of the total number of
registered voters with every legislative district being represented by at least 3% of the
registered voters in said district.
ARTICLE VII
THE EXECUTIVE DEPARTMENT
 The president of the Philippines and no other is the executive of the government of

the Philippines.

The president of the Philippines plays a very important role in our political system

as chief of state, chief of executive, chief of diplomat, and as commander-in-chief of

our armed forces. As chief executive of the government, the president is the head of the

executive department, the largest bureaucracy of the government. The constitution also

empowers the president to act as chief diplomat with the authority to receive

ambassadors and the power to initiate diplomatic representatives of the country

abroad. Finally the president is the commander-in-chief, the constitution grants the

president command of the nation’s military.

 ARTICLE VII
Section 1. The executive power shall be vested in the President of the Philippines.

The executive power granted to the president is the power to enforce and execute
the laws faithfully. The laws required to be administered by the president includes the
constitution and all statutes lawfully enacted by the congress.

ARTICLE VII
Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for
at least ten years immediately preceding such election.
Qualifications For Presidency
• Natural-born citizen of the Philippines
• A registered voter
• Able to read and write
• At least 40 years of age
• Resident of the Philippines for at least 10 years
 ARTICLE VII
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.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

The vice president is a part of the executive department hence, it is usually the
president who determines the role played by the vice president. The vice president is
usually appointed as cabinet secretary.
 ARTICLE VII
Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years
which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of
the same date, six years thereafter. The President shall not be eligible for any re-election. 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 successive terms. Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the continuity of the service for the full term for which he was
elected.
Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second
Monday of May.
The returns of every election for President and Vice-President, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open
all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass
the votes.
The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an
equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the
Members of both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the certificates.
The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and
qualifications of the President or Vice-President, and may promulgate its rules for the purpose.
 The president and the vice president is elected by direct vote of the people like
members of the senate. The term of office is 6 years which shall begin at noon on the
thirtieth day of June following the day of the election. It shall end at noon of the same
day and month six years after. However, unlike the president who is not entitled to
any re-election, the vice president is entitled to one immediate re-election.

ARTICLE VII
Section 5. Before they enter on the execution of their office, the President, the Vice President, or the Acting
President shall take the following oath or affirmation:
"I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President [or Vice-
President or Acting President] of the Philippines, preserve and defend its Constitution, execute its laws, do justice to
every man, and consecrate myself to the service of the Nation. So help me God." [In case of affirmation, last sentence
will be omitted].

As the most prominent political figure in our government, our constitution

expressly provides for the qualification, election, term of office, the oath of office he is
required to enter before discharge of the office as well as the privileges he enjoys and a
number prohibition he has to observe.
 ARTICLE VII
Section 6. The President shall have an official residence. The salaries of the President and Vice-President shall be
determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect
until after the expiration of the term of the incumbent during which such increase was approved. They shall not
receive during their tenure any other emolument from the Government or any other source.

The president shall have an official residence. He is the only official of the
government provided with a residence maintained by public funds. The malacanang
palace is the official residence of the president.
The president is also entitled to a salary like all other public officers. The salary of
the president shall be determined by law and shall not be decreased during his tenure.
The constitution initially fixed the salary of the president to three hundred thousand.
This salary may be increase by law. But no increase in said compensation shall take
effect until after the expiration of the term of the incumbent during which such
increase was approved.
The president is accorder the immunity from suit, both civil and criminal. The
rationale for the grant to the president of this privilege of immunity from suit is to
assure the exercise of presidential duties and functions free from any hindrance or
distraction, considering that being a chief executive of the government is a job that,
aside from requiring all of the office-holder’s time, also demands undivided attention.
 ARTICLE VII
Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.
If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have
qualified.
If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have
been chosen and qualified.
If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently
disabled, the Vice President-elect shall become President.
Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died
or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall act as President until a President or a Vice-President shall have been chosen and qualified.
The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a
President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials
mentioned in the next preceding paragraph.

ARTICLE VII
Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-
President shall become the President to serve the unexpired term. In case of death, permanent disability, removal
from office, or resignation of both the President and Vice-President, the President of the Senate or, in 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.
The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation
of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified,
and be subject to the same restrictions of powers and disqualifications as the Acting President.
 ARTICLE VII
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 the House of
Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of
the Congress, voting separately.

ARTICLE VII
Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the
President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven
days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than
forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be
deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall become law upon its
approval on third reading by the Congress. Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this
Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special
election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Vacancy in the office of the president at the beginning of his term or during his
term and vacancy in the office of the vice president, when vacancy occurs as may be
provided under Article VII, section 7, 8, 9, And 10 rules on succession shall be observed.
 ARTICLE VII
Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President
shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written
declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the
Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, their
written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For
that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of
call.
If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to
assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and
duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of
his office.

As the highest official of the land, the president must have the ability to discharge duties and
obligations of his office. This is to ensure the orderly workings of our government that will ultimately
benefit the people. However, we cannot expect this to happen at all times, hence in case of the
president’s inability to discharge the powers and the duties of his office. He must transmit a written
declaration to this effect to the president of the senate and the speaker of the House of
Representatives. After which, the vice president shall discharge the powers and duties as acting-
president.
 ARTICLE VII
Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet
in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied
access to the President during such illness.

Public shall be informed of the state of his health. Members of the Cabinet in
charge of national security and foreign relations and the Chief of Staff of the Armed
Forces shall not be denied access to the President during such illness
ARTICLE VII
Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise,
or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.
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 the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

These are all intended to prevent the president, vice-president, the members of the cabinet, and
their deputies or assistants from taking advantage, pecuniary or otherwise, of their position in their
dealings with the courts, or in their business operations, or in their dealing with any government
agency or corporation.
 ARTICLE VII
Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected
President, within ninety days from his assumption or re-assumption of office.

ARTICLE VII
Section 15. Two months immediately before the next presidential elections and up to the end of his term, a President
or Acting President shall not make appointments, except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or endanger public safety.

In the exercise of the president of his power to appoint officials of the government,
the constitution provides for the following limitations as provided under Article VII,
sections 14 and 15
The president’s real authority as chief executive is found in his appointive capacity,
that is, his power to appoint officials of the government. Appointment is the selection,
by the authority vested with the power, of an individual who is to exercise the functions
of a given office. The power to appoint is inherently an executive function while the
power to confirm or reject appointments belongs to the legislative department, the
latter power having been conferred as a check on the former. This power to check may
be exercised through the members of both in the commission on appointments.
 Appointment must be distinguished from designation, which is simply mere
imposition of new or additional duties upon an officer already in the government
service to temporarily perform the functions of an office in the executive branch when
the officer regularly appointed to the office is unable to perform his duties or if there
exists a vacancy.
• Permanent appointment – issued to a person who meets all the requirements for the
positions to which he is being appointed, including the appropriate eligibility
prescribed, in accordance with the provisions of law, rule and standards promulgated
in pursuance thereof.
• Temporary appointment – issued to a person who meets all the requirements for the
positions to which he is being appointed except the appropriate civil service
eligibility; provided that such temporary appointment shall not exceed 12 months,
but the appointee may be replaced sooner if a qualified civil service eligible becomes
available.
 ARTICLE VII
Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government
whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may,
by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the
Congress.

Officials appointed by the president. There are four groups of offices whom the president shall appoint.
• The heads of the executive departments, ambassadors, other public ministers and consuls, officers of
the armed forces from the rank of colonel or naval captain, and other offices whose appointments are
vested in them in this constitution.
• All other officers of the government whose appointments are not otherwise provided for by law.
• Those whom the president may be authorized by law to appoint.
• Officers lower in rank, whose appointment the congress may by law vest in the president alone.

Among these four groups of officers, only the first group requires the confirmation or consent of the
commission on appointments.
 ARTICLE VII
Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.

The power of control means the power granted to an officer to alter or modify or
nullify or set aside what a subordinate officer had done in performance of his duties and
to substitute the judgement of the former to that of the latter. This is to be
distinguished from the power of general supervision, which is nothing more than the
power to see to it that the inferior follows the law.
 ARTICLE VII
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.
In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a
vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the
Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene
in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis
of the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.
The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for
rebellion or offenses inherent in, or directly connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.
• Military Powers. In the event of emergency cases, the President is vested under the
Constitution military powers to suppress such cases. The military power consists of
the President and the Commander-in-Chief, the power to suspend the privilege of
Habeas Corpus, and the power to declare martial law.
• Commander-in-Chief. The President is the Commander-in-chief of the Armed Forces
of the Philippines. Thereby, the head of our military institution is a civilian, which is
in conformity with the declared principle of the state that civilians are supreme over
the military, thus he is vested with the power to call such forces to prevent or
suppress lawless violence, invasion, or rebellion. As Commander-in-Chief, he is
authorized to direct the movements of the naval and military forces placed by law at
his command, and to employ them in the manner he may deem most effectual.
• Power to Suspend the Privilege of the Writ Habeas Corpus. The privilege of the writ
of Habeas Corpus is a writ directed to the person detaining another, commanding
him to produce the body of the prisoner at a designated time and place, with the day
and cause of his caption and detention, to do, submit to, and receive whatever the
court or the judge awarding the writ shall consider in that behalf.
• Grounds for Suspension. The President may, in cases of invasion when public safety
requires it or rebellion when public safety requires it or both cases suspend the
privilege of the writ of habeas corpus. The enumeration for suspension under the
Constitution is excusive, which means that no other ground may justify the
suspension of the writ.
• Duration. The President may suspend the privilege of the writ of habeas corpus for a
period not exceeding sixty (60) days, after which its shall be lifted. Congress,
however, is empowered to extend the duration. Within forty eight (48) hours after
the suspension, the President shall report in person or in writing, and the Congress
by a majority vote of its members voting jointly may revoked the suspension and may
also extend upon the initiative of the President.
• Factual Basis of Suspension. The present Constitution now provides that the
Supreme Court may review, in an appropriate proceeding field by any citizen, the
sufficiency of the factual basis of the proclamation or martial law or the suspension
of the privilege of the writ or extension thereof, and must promulgate its decision
thereon within thirty (30) days from filing.
 ARTICLE VII
Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.
This power is vested in the President of the Philippines. The pardoning power exclusively vested in the
Chief Executive, and the exercise of the power may not, therefore, be vested in anyone else. Thus, the
pardoning power cannot be restricted or controlled by legislative action. Likewise, this power is purely
executive acts, which are not subject to judicial scrutiny.
• Pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which
exempts an individual on whom it is bestowed from the punishment the law inflicts for a crime he has
committed.
• Commutation is a remission of a part of the punishment, a submission of a less penalty for the one
originally imposed
• Reprieve is a postponement of the execution or a temporary suspension of execution.
• Remit Fines and Forfeitures mean exoneration of fines and forfeited property.
• Amnesty commonly denoted the general pardon to rebels for their treason and other high political
offenses, of the forgiveness which one sovereign grants to the subject of another, who have offended
some breach of the law of nations.
 ARTICLE VII
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, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty days from the
end of every quarter of the calendar year, submit to the Congress a complete report of its decision on applications for loans to be contracted
or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign
debt, and containing other matters as may be provided by law.
The President has the authority to contract or guarantee loan in the name of the Republic of the
Philippines. The President is in a best position to exercise this power because he is responsible in the
implementation of the programs of our government, aside from the fact, that his office is equipped with
the needed information to determine the exigency of borrowing money. These loans may be used to
augment the budget of the government as well as to finance important development projects.
However, it is required that before the President can guarantee such foreign loan in the name of the
Government, it must first receive prior concurrence of the Monetary Board of the Central Bank. This
limitation is provided because the Monetary Board is in the best position to determine whether an
application for foreign loan initiated by the President is within the paying capacity of our country or not.
Congress can also provide another limitations on the President's power to contract or guarantee loan
legislative enactments.
Furthermore, the Constitution requires the Monetary Board to submit, within thirty (30) days from
the end of every quarter of the calendar year, a complete report of its decisions on applications for loans
to be contracted or guaranteed by the Government or government-owned and controlled corporations
which would have the effect of increasing the foreign debt, and containing other matter as may be
provided by law.
 ARTICLE VII
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.

The President possesses the power to enter into treaties and international
agreement. Treaties are international agreement concluded between States in written
form and governed by international law, whether embodied in a single instrument and
whatever its particular designation.
Treaty and Executive Agreement, distinguished. Treaties are formal, documents
which require ratification with the approval of two-thirds of the Senate. Executive
agreements become binding through executive action without the need of a vote by the
Senate or by Congress.
Furthermore, treaties are international agreements involving political issues or
changes of national policy and those involving international arrangements of a
permanent character. Executive agreement refers to international agreements
embodying adjustments of detail carrying out well-established national policies and
traditions and those involving arrangements of a more or less temporary nature.
 ARTICLE VII
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.

The President also exercises such other powers, which are expressly conferred to
him under the Constitution like the general supervision over all local governments, the
power to call special session in Congress to address emergency measures, the power to
approve bills and at the same time to veto bills passed by Congress.

ARTICLE VII
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.

The President shall address the Congress, at the opening of its regular session (this
is referred to as the SONA or State of the Nation Address). He may appear before it at
any other time.
ARTICLE VIII
THE JUDICIAL DEPARTMENT
 Judicial power is the power to apply the laws to contests or disputes concerning legally

recognized rights or duties between the State and a private person, or between individual

litigants, in cases properly brought before the judicial tribunals, which includes the power to

ascertain what are the valid and binding laws of the State, and interpret and construe them.

Judicial power, as clarified by the 1987 Constitution, 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 jurisdiction on the part of any branch or instrumentality of the Government.

 ARTICLE VIII
Section 1. 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.

Judicial power is vested in the Supreme Court and other lower courts established by
law. The judiciary under a Republican system adopted by our Constitution is the third
branch of government. However, the Constitution did not provide the full and entire
structure of the Philippine judicial system. It only established the Supreme Court of the
Philippines and left to the Congress the authority to establish other inferior courts.
Hence, the Supreme Court is the only court created by the Constitution; all other courts
such as the Court of Appeals, Court of Tax Appeals, etc. operating under the judicial
system are called statutory courts established through statutory enactments made by
the Congress.
 ARTICLE VIII
Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive
the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

The Constitution grants the Supreme Court original and appellate jurisdictions. Its
work consists mainly of affirming, modifying, or reversing decisions and decrees of
lower courts; or of determining whether a lower court or a branch or an
instrumentality of the government, including the office of the President and Congress,
has acted without or in excess of its jurisdiction or committed grave abuse of
discretion in its functions and actions (Panganiban, in Castaneda and Nuyda, 2002).
The Constitution also grants certain administrative powers to the Supreme Court,
which includes the authority to appoint employees and officials of the judicial branch,
rule – making power among many others.
ARTICLE VIII
Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the
amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

The entire judiciary shall enjoy fiscal autonomy. Annual appropriations for the
judiciary cannot be reduced below the amount appropriated for the previous year.
Once approved, appropriations shall be automatically and regularly released.
 ARTICLE VIII
Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its
discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.
(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme
Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations,
shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case
and voted thereon.
(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took
part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such
Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc

• Composition of the Supreme Court - The Supreme Court is a collegial body composed of fifteen (15)
members, one (1) Chief Justice and fourteen (14) Associate Justices. They are appointed by the
President from a list of at least three (3) nominees prepared by the Judicial and Bar Council and are
not subject to confirmation by the Commission on Appointments.
• En Banc and Division Cases - It may sit en banc or in its discretion in division of three, five or seven. It
sits en banc when all the justices take part in considering cases. It may also conduct its business in
division when only a number of justices take part. The Supreme Court at present consists of three (3)
division with five (5) Justices in each division.
 ARTICLE VIII
Section 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion Perpetua or higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary
assignment shall not exceed six months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-
privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall
be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
 The following are the powers of the Supreme Court:
Original Jurisdiction. Jurisdiction refers to the authority of the court to hear and
determine a particular case. The Supreme Court’s original jurisdiction refers to its
authority to be the first court to hear a case. The Supreme Court exercises original
jurisdiction embracing cases affecting ambassadors, public ministers, and consuls.
These officials are our diplomatic representatives abroad, and under international law
are immune from the jurisdiction of courts of the country where they are assigned
subject to certain exceptions. Because of the importance of the cases affecting these
officials to our diplomatic relations, it is but proper that the Supreme Court being the
highest court of the land assumes the authority to decide the case. The Supreme Court
also exercises original jurisdiction over petitions for certiorari, prohibition, mandamus,
quo warranto and habeas corpus.
•Certiorari. When any tribunal, board or officer exercising judicial or quasi-judicial
sanctions has acted without or in excess of its or his jurisdiction, or with grave abuse
of discretion amounting to lack or excess of jurisdiction, and there is no appeal, nor
any plain, speedy, and adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper court, alleging the facts
with certainty and praying that judgement be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting such incidental reliefs
as law and justice may require.
• Prohibition. When the proceedings of any tribunal, corporation board or officer or person, whether
exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no
appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved
thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that
judgement be rendered commanding the respondent to desist from further proceedings in the action or
matter specified therein, or otherwise granting such incidental reliefs s law and justice may require.
• Mandamus. When any tribunal, corporation, board or personnel unlawfully neglects the performance of an
act which the law specifically enjoins as a duty resulting from an office, trust or station or unlawfully
excludes another from the use and enjoyment of a right or office to which such other is entitled, and there
is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby
may file a verified petition in the proper court, alleging the facts with certainty and praying that
judgement be rendered commanding the respondent , immediately or at some time to be specified by the
court, to do the act required to be done to protect the rights of the petitioner, and to pay the damages
sustained by the petitioner by reason of the respondent.
• Quo Warranto. An action for usurpation of a public office, position, or franchise may be commenced by a
verified petition brought in the name of the Republic of the Philippines.
• Habeas Corpus. Except as otherwise provided by law, the writ of habeas corpus shall extend to all cases of
illegal confinement or detention by which a person is deprived of his liberty, or by which the rightful
custody of any person is withheld from the person entitled thereto.
 Appellate Jurisdiction. Appellate jurisdiction refers to the authority of the Supreme
Court to review, revise, modify, or affirm final judgements rendered by lower courts. As
mentioned earlier, most of the work performed by the Court is in the exercise of this
appellate jurisdiction. The Supreme Court has appellate jurisdiction over:
• All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
• All cases involving the legality of any tax imposed, assessment, toll, or any penalty
imposed in relation thereto.
• All cases in which the jurisdiction of any lower court is in issue.
• All criminal cases in which the penalty imposed is reclusion perpetua or higher.
• All cases in which only error or question of law is involved.

Temporarily Assign Judges of Lower Courts. The Supreme Court possesses the
power to assign temporarily judges of lower courts to other stations as public interest
may require. However, such temporary assignment shall not exceed six (6) months
without the consent of the judge concerned.
 Order to Change the Venue of Trail. The Supreme Court has the power to order a change of venue or
place of trial to avoid miscarriage of justice.
Rule-Making Power. Under its rule-making power, the Supreme Court has the authority to
promulgate rules concerning the protection and enforcement of constitutional rights, pleadings,
practice, and procedure in all courts. These rules govern the manner by which cases are presented in
courts for decision and prescribe the necessary papers which describe claims or defenses of the parties to
a case .
The Constitution also is granted the power to provide rules concerning admission to the practice of
law, the integrated bar and legal assistance to the underprivileged. Nevertheless, the Constitution
provides that such roles shall provide a simplified and inexpensive procedure for the speed disposition
of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights. Substantive right is a term that includes those rights, which one enjoys under the
legal system prior to the disturbance of normal relations (Bustos vs. Lucero, 81 Phil. 648 [1948]).
Special courts and quasi-judicial bodies are likewise authorized to promulgate their rules, but such
rifles shall remain effective unless disapproved by the Supreme Court.
Appoint Officials and Employees. The Supreme Court has the power to appoint all officials and
employees of the judiciary. However, such appointment like those made by the other departments must
be made in accordance with the Civil Service Law.
 ARTICLE VIII
Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
Administrative Supervision over Court and Personnel. The Supreme Court
exercises administrative supervision over all courts as well as its personnel.
ARTICLE VIII
Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen
of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a
judge of a lower court or engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a
citizen of the Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.
Under the Constitution, except for the Supreme Court, the qualifications for members of the bench
are Constitutional and Statutory. Constitutional refers to those qualifications prescribed under the
Constitution and Statutory to those qualifications, which the congress may prescribe through ordinary
legislation.
Qualifications for Members of the Supreme Court
• Natural-born citizen of the Philippines
• At least forty (40) years of age
• A judge of lower court or engages in the practice of law in the Philippines for fifteen (15) years or
more.
Qualifications for Members of the Lower Collegiate Court (composed of more than one
judge such as the CA, CTA, Sandiganbayan)
Constitutional qualifications:
• Natural-born citizen of the Philippines.
• Member of the Philippine Bar
Statutory qualifications
• Congress may prescribe other qualifications.

Qualifications for the Members of the Lower Courts (RTC, MTC,MeTC, MCTC)
• Citizen of the Philippines (either naturalized or natural-born).
• Member of the Philippines Bar.
• Congress may prescribe other qualifications.

Furthermore, members of the Supreme Court, Lower collegiate court and lower courts
must be of persons of proven competence, integrity, probity and independence.
 ARTICLE VIII
Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of
the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a
representative of the private sector.
(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent
of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall
serve for four years, the
professor of law for three years, the retired Justice for two years, and the representative of the private sector for one
year.
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its
proceedings.
(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court.
The Supreme Court shall provide in its annual budget the appropriations for the Council.
(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such
other functions and duties as the Supreme Court may assign to it.
The Judicial and Bar Council consists of two (2) kinds of members, the ex-officio and
regular members.
• Ex-officio. The Supreme Court Chief Justice shall be its ex-officio Chairman and the
Clerk of the Supreme Court shall be the Secretary ex-officio of the Council; The
Secretary of the Department of Justice and a Representative of the Congress as ex-
officio members.
• Regular Members. A representative of the Integrated Bar, a professor of law, a retired
member of the Supreme Court, and representative of the private sector.
The President with the consent of the Commission on Appointment appoints the
four (4) regular members of the Council. The terms of office is staggered to four (4)
years, thus of the Members first appointed; the representative of the Integrated Bar
serve for four (4) years, the Professor of law for three (3) years, the retired Justice for two
(2) years, and the representative of the private sector for one (1) year.
 ARTICLE VIII
Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the President
from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments
need no confirmation.
For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

Under the present Constitution, the members are appointed from a list of
nominees prepared by the Judicial and Bar Council. Such appointment no longer
requires confirmation by the Commission on Appointments. This will remedy the
situation in the past where judges had practically begged for confirmation of their
appointments.
The Judicial and Bar Council is a significant innovation introduced by the 1987
Constitution, the primary purpose of which is to recommend appointees to the
judiciary. For every vacancy, the Council will nominate at least three (3) candidates.
Hence, when the President appoints a justice or judge, his choice will be limited only to
those recommended by the Council. This might prevent the President from appointing
favoured person to judicial post even if it is incompetent to discharge the delicate duty
of courts.
The Council may also perform such other functions and duties as the Supreme Court
may assign to it.
 ARTICLE VIII
Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts, shall be fixed
by law. During their continuance in office, their salary shall not be decreased.

The salary of the Chief Justice and of the Associate Justice of the Supreme Court, and of the judges
of the lower courts shall be fixed by law. During their continuance in office, their salary shall not be
decreased.
ARTICLE VIII
Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age
of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.

The members of the Supreme Court and judges of lower courts shall take office during good
behavior until they reach the age of seventy (70) years or become incapacitated to discharge the duties
of their office. The Constitution does not provide a precise definition of what constitutes good
behavior. It is for the Supreme Court to determine since it has the power to discipline justices of lower
collegiate courts and judges of the lower courts. The Supreme Court en banc may order their dismissal
by a majority of the Members, who actually took part in the deliberation on the issues in the ease and
voted thereon.
It has been said that the misconduct of a judge that will warrant disciplinary action by the
Supreme Court must have direct relation to and be connected with the performance of his official
duties, not his character as a private individual
 ARTICLE VIII
Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any
agency performing quasi-judicial or administrative functions.

The members of the Supreme Court and of other courts established shall not be
designated to any agency performing to any agency performing quasi-judicial or
administrative functions.
ARTICLE VIII
Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall
be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A
certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the
case and served upon the parties. Any Members who took no part, or dissented, or abstained from a decision or
resolution, must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and law on which it is based. Thus, a judge cannot just pronounce
during the resolution of the case that the one party won over the other. Courts should
state the reasons upon which their decision rest. There is no requirements as to the
number of pages a decision must consist of, but decision shall be reasonable instead of
infinite length. Likewise, no petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied without stating the legal
basis thereof.
 ARTICLE VIII
Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and
the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied
without stating the legal basis therefor.

The conclusion of the Supreme Court in any case submitted to it for decision en
banc or in division shall be reached in consultation before the case is assigned to a
member for the writing of the opinion of the Court. A certification to this effect signed
by the Chief Justice shall be issued and a copy thereof attached to the record of the case
and served upon the parties. Any member who took no part, or dissented, or abstained
from a decision or resolution must state the reason thereof. The same requirements
shall be observed by all lower collegiate courts. No decision shall be rendered by any
court without expressing therein clearly and distinctly the facts and law on which it is
based. Thus, a judge cannot just pronounce during the resolution of the case that the
one party won over the other. Courts should state the reasons upon which their decision
rest. There is no requirements as to the number of pages a decision must consist of, but
decision shall be reasonable instead of infinite length. Likewise, no petition for review
or motion for reconsideration of a decision of the court shall be refused due course or
denied without stating the legal basis thereof.
 ARTICLE VIII
Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within
twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court,
twelve months for all lower collegiate courts, and three months for all other lower courts.
(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the
presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served
upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within
said period.
(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as
may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for
determination, without further delay.
 One of the complaints against the government is the delay in the dispatch of cases.
The clamor has been that justice delayed is justice denied. And so, the Constitution
provides for the period to which cases shall be decided. All cases or matter filed after
the effectivity of this Constitution must be decided or resolved within twenty-four (24)
months from the date of submission for the Supreme Court, and unless reduced by the
Supreme Court, twelve (12) months for all lower collegiate courts, and there (3) months
for all other lower courts.
A case or matter shall be deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum rewired by the Rules of Court or by
the Court itself.
Upon the expiration of the corresponding period, a certification to this effect
signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy
thereof attached to the record of the case or matter, and serve upon the parties. The
certification shall state why a decision or resolution has not been rendered or issued
within said period.
Despite the expiration of the applicable mandatory period, the Court, without
prejudice to such responsibility as many have been incurred in consequence thereof,
shall decide or resolve the case or matter submitted thereto for determination, without
further delay.
 ARTICLE VIII
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.

Judicial Review is the power of the Supreme Court to declare act of

the Executive and Legislative departments of government
unconstitutional in the light of its conformity with the Constitution. This
is not an assertion of superiority by the courts over the other
departments but merely an expression of the supremacy of the
Constitution. The constitution does not provide expressly for this
authority exercised by the Court. It had its beginning in the landmark
decision written by Chief Justice John Marshall of the US Supreme Court.
In that case, Chief Justice Marshall successfully claimed for the judges
the power of judicial review.
ARTICLE X
LOCAL GOVERNMENT
GENERAL PROVISIONS
 ARTICLE X
Composition:
Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as
• Provinces hereinafter provided.

• Cities;
• Municipalities; and
• Barangays

There shall be Autonomous regions in:

• Muslim Mindanao, and
• Cordilleras
1. [At present,regions
A third autonomous it is only the Cordillera
would Administrativeamendment.
require a constitutional region]

2. These political subdivisions, created by the Constitution cannot be replaced by

amendment, and not by law.
3. While Congress can abolish or eradicate individual units, it cannot abolish an
entire class of LGU’s
 ARTICLE X
Section 2. The territorial and political subdivisions shall enjoy local autonomy.

All political subdivisions shall enjoy local autonomy. This does not mean that the LGU’s are
completely free from the central government. Judiciary may still pass on LGU actions. President may
exercise disciplinary power over LGU officials.
ARTICLE X
Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters
relating to the organization and operation of the local units.
Mechnism:
1.) Recall of officers - legal process by which the registered voters of a local government unit
remove, for loss of confidence, elective local officials.
2.) Initiative - legal process whereby the registered voters of a local government unit may directly
propose, enact, or amend any law or ordinance at polls called for the purpose independently or the
regularly constituted local legislative body.
3.) Referendum- legal process whereby the registered voters of the local government unit
concerned may approve, amend, or reject an ordinance enacted by a local legislative body when the
question is submitted to them for decision.
 ARTICLE X
Section 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with
respect to component cities and municipalities, and cities and municipalities with respect to component barangays,
shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.

The President exercises general supervision over all LGUs. The President exercises
direct supervision over Provinces, Autonomous regions and Independent cities. This
power is limited to ensuring that lower officers exercise their functions in accordance
with law. The president cannot substitute his judgment for that of an LGU official
unless the latter is acting contrary to law. The President may, however, impose
administrative sanctions against LGU officials, such as suspension for 120 days, and may
even remove them from their posts, in accordance with law. Provinces exercise direct
supervision over component cities and municipalities. Cities and municipalities
exercise direct supervision over component barangays.
ARTICLE X
Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes,
fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic
policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

Limitations on Power. It is subject to such guidelines and limitations as Congress

may provide.  The guidelines set by Congress should be consistent with the basic policy
of local autonomy. The taxes, fees and charges shall accrue exclusively to the local
governments.
 ARTICLE X
Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be
automatically released to them.

Share of Local government units in national taxes is limited to the internal revenue
taxes. The share of each Local government units should be released, without need of
any further action, directly to the provincial, city, municipal or barangay treasurer. 
Release is made on a quarterly basis within 5 days after the end of each quarter. The
share of each Local government units should not be subject to any lien or holdback that
may be imposed by the national government for whatever purpose. Each Local
government units should appropriate in its annual budget at least 20% of its annual
Internal Revenue Allotment for development projects. Adjustments in Internal
Revenue Allotment are Unmanageable public section deficit and The President can
make the necessary adjustments in the Internal Revenue Allotment upon the
recommendation of the following: Department of Finance Secretary, DILG Secretary,
and DBM Secretary. Internal Revenue Allotment considered for purposes of conversion
from one political subdivision to the next.
 ARTICLE X
Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national
wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct
benefits.
Local Government Units are entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas in the manner provided by law. This
includes share the same with the inhabitants by way of direct benefits. Under the LGC Local
Government Units have a share of 40% of the gross collection derived by the national government
from the preceding fiscal year from Mining taxes, Royalties, Forestry and fishery charges and Other
taxes, fees and charges. Share in any co-production, joint venture or production sharing agreement in
the utilization and development of the national wealth w/in their territorial jurisdiction.
ARTICLE X
Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years
and no such official shall serve for more than three 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.
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
1)      No elective official shall serve for more than 3 consecutive terms
2)      Voluntary renunciation of 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.
 ARTICLE X
Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.

Legislative bodies of the local governments shall have Sectoral Representation

(under the LGC) as may be provided by law. There should be representatives from, the
women’s sector, the workers and third sector (can choose from any of the following)
urban poor, indigenous cultural communities, disabled persons or any other sector as
may be determined by the sanggunian.

ARTICLE X
Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary
substantially altered, except in accordance with the criteria established in the local government code and subject to
approval by a majority of the votes cast in a plebiscite in the political units directly affected.

Requisites, compliance with the requirements of the Local Government Code and
approved by a majority of the votes cast in a plebiscite held in the political units directly
affected. Thus, a province is supposed to be divided into 2 separate provinces, plebiscite
will include voters of the entire province, and not just the area to comprise the new
province. LGC requirements relate to matters such as population, revenue, and area
requirements.
 ARTICLE X
Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set
forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be
entitled to their own local executive and legislative assemblies. The jurisdiction of the metropolitan authority that
will thereby be created shall be limited to basic services requiring coordination.

Creation
• Congress may create special metropolitan political subdivisions by law.
• It is subject to a plebiscite

Jurisdiction of Metropolitan authority

• It is limited to basic services requiring coordination.

Basic Autonomy of Component Cities and Municipalities

• The component cities and municipalities retain their basic autonomy.
• They shall be entitled to their own local executive and legislative assemblies.
 ARTICLE X
Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit
their voters from voting for provincial elective officials, shall be independent of the province. The voters of
component cities within a province, whose
charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials.

Classification of Cities
• Highly urbanized (as determined by law)
• Component cities (cities still under provincial control); and
•  Independent component cities (non-highly urbanized cities whose voters are
prohibited by the city charter from voting in provincial elections)
Independence from the Province
• Highly urbanized cities and independent component cities are independent of the
province.
• Component cities whose charter contain no such prohibition are still under the
control of the province and its voters may still vote for elective provincial officials.
 ARTICLE X
Section 13. Local government units may group themselves, consolidate or coordinate their efforts, services, and
resources for purposes commonly beneficial to them in accordance with law.

Consolidation and Coordination of Efforts, Services and Resources is optional on

the part of LGUs as shown by the use of the word “may”. It can be done for purposes
commonly beneficial to them in accordance with the law. Under LGC (Section 33)
Consolidation and coordination may be done through appropriate ordinances. A public
hearing should be conducted and the approval of the sanggunian obtained.  An LGU
can contribute funds, real estate, equipment and other kinds of property and
appoint/assign personnel under such terms and conditions as may be agreed upon by
the participating LGUs through Memoranda of Agreement.
ARTICLE X
Section 14. The President shall provide for regional development councils or other similar bodies composed of local
government officials, regional heads of departments and other government offices, and representatives from non-
governmental organizations within the regions for purposes of administrative decentralization to strengthen the
autonomy of the units therein and to accelerate the economic and social growth and development of the units in the
region.
The President shall provide for RDC or other similar bodies composed of local
government officials, regional heads of departments and other government offices and
representatives of NGOS within the regions. For Purpose of Administrative
decentralization, to strengthen local autonomy, and to accelerate the economic and
social growth and development of the units in the region
AUTONOMOUS REGIONS
 ARTICLE X
Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of
provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural
heritage, economic and social structures, and other relevant characteristics within the framework of this
Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

Factors are historical heritage, cultural heritage, economic and social structures,
and other relevant characteristics within the framework of the constitution is the
national sovereignty and territorial integrity.
Effectivity of such creation occurs only when it is approved by a majority of the
votes cast in a plebiscite held among the constituent units. Only those Provinces, Cities,
and Geographical Areas voting favorably in such plebiscite shall form part of the
autonomous region. If only 1 province approved the law, no autonomous region created,
since the constitution requires more than one province to constitute one (like what
happened in the Cordillera plebiscite). The question of which LGU’s shall constitute an
autonomous region is one which is exclusively for Congress to decide.
ARTICLE X
Section 16. The President shall exercise general supervision over autonomous regions to ensure that laws are
faithfully executed.

This is to ensure that the laws are faithfully executed.

 ARTICLE X
Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous
regions shall be vested in the National Government.

Examples are Foreign relations, National defense and Security and Monetary Affairs.

ARTICLE X
Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative commission composed of representatives appointed by the President from a
list of nominees from multi-sectoral bodies. The organic act shall define the basic structure of government for the
region consisting of the executive department and legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall likewise provide for special courts with
personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws.
The creation of the autonomous region shall be effective when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the autonomous region.

The basic structure of government of the autonomous region consists of (a) the
executive department and (b) the legislative assembly. The two branches of
government: “the executive department, and the legislative assembly” are mentioned
separately. Moreover, the next clause of the same Section makes it abundantly clear,
that the two branches of the autonomous government are meant to be distinct one from
the other. There, the Section directs that “both of which shall be elective and
representative of the constituent political units.”
 ARTICLE X
Section 19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both
Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras.

The Autonomous Region in Muslim Mindanao is an autonomous region of the Philippines, located
in the Mindanao island group of the Philippines. Within 18 months from the time of organization of
both Houses, pass the organic acts for the autonomous regions.

ARTICLE X
Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of
autonomous regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

Limitations are subject to the provisions of the Constitution and national laws and to be exercised
within its territorial jurisdiction.
 ARTICLE X
Section 21. The preservation of peace and order within the regions shall be the responsibility of the local police
agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. The
defense and security of the regions shall be the responsibility of the National Government.

Peace and order shall be the responsibility of the local police agencies. Defense and
security shall be the responsibility of the national government.
 ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
 This chapter discusses the established means and governmental offices to ensure the accountability of public

officers. Public office is a public trust. This statement is the introduction of the whole article on the Accountability of

Public Officers. It only connotes that the powers of public officials are founded in the trust that people gave to them

during the elections.

Government offices are created for the general welfare of the people. Neither are they for the personal benefit of a

public official nor of his political party, family, friends, and relatives. Let it be noted that the powers of all

government offices emanate from the people who entrusted to them the trust to administer the operation of the

state.

Government officials and employees are not the boss of the people; they are the subordinates of the subordinates

of the sovereigns. As such, they are expected to serve the people with utmost responsibility, integrity, loyalty, and

efficiency. Further, they are projected to act with patriotism and justice and to lead modest lives.
 ARTICLE XI
Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.

• Public office- the right, authority, and duty created and conferred by law which, for a
given period either fixed by law or enduring at the pleasure of the appointing power,
an individual is invested with some portion of the sovereign functions of the
government to be exercised by him for the benefit of the public.
• Public officer- an individual that is so invested.
• Nature of public office.
• A public office is a public trust.
• It is not a property.
•  EMPLOYEE- generally referred to a person in public service. any person in the
service of the government or any of its agencies, divisions, subdivisions or
instrumentalities.
• Officer
• As distinguished from clerk or employee. It refers to those officials whose
duties not being of a clerical or manual nature, involve the exercise of
discretion in the performance of the functions of government.
• When used with reference to a person with authority to do a particular act or
perform a particular function. It includes any government employee, agent, or
body having
• Public office, a public trust.

1. Significance of a constitutional declaration.

2. Standards required of public servants.
3. Conflict of interest to be avoided.
4. Prohibitions or disabilities on certain officials.
 ARTICLE XI
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions,
and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be
removed from office as provided by law, but not by impeachment.

Impeachment is a political process mandated by the constitution specifically under Section 2 of

Article XI. It has been defined as a method of national inquest into the conduct of public men. Its
purpose is to secure the powers of some high officials and to see to it that their duties and functions
are well taken without any grave abuse of discretion.
A political scholar defined it as the most formidable weapon in the arsenal of democracy.
Impeachment is an extraordinary means of removing some high officials who violate the grounds
thereof.
Though the process of impeachment is like criminal proceedings, it is mainly a political
process. The political feature of this process is rooted from the fact that the persons in the
proceedings itself are not just ordinary people but persons clothed with the trust of the electorate.
Cruz (2002) opined that impeachment proceedings are in a sense judicial but it has not yet been
decided if they are penal in character. Nevertheless, the constitutional rights of the accused as
guaranteed in the Bill of Rights are available in these proceedings.
 ARTICLE XI
Section 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 or 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 onethird 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 twothirds
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.
The Constitution laid down the basic tenets governing the procedural matter of
impeachment. Further, it empowers the legislature to enact and therefore observe its
own rules and regulations regarding impeachment.
As summarized by Garcia (2009), the following procedures must be observed:
• The House of Representatives has the exclusive power to initiate all cases of
impeachment;
• An impeachment is instituted by written complaint known as the Articles of
Impeachment, which include the offenses and violations charged. A verified
complaint for impeachment may be filed by any member of the said legislative
chamber or by any citizen upon a resolution or endorsement by member thereof.
• Impeachment proceedings shall commence with an inquiry of impeachment
resolution or with a direct resolution.
• In an inquiry of impeachment resolution, after the filing of the verified complaint,
the same shall be included in the Order of Business of the House of Representatives
within session days, and referred to the proper Committee within three (3) session
days subsequently.
• The committee concerned which has the task to the impeachment case then holds
hearings and investigation relative to the charges;
• The Committee, after hearing, and by majority of vote of all its members, shall
submit its report to the House within sixty (60) session days from such referral,
together with the corresponding resolution. The resolution shall be calendared for
consideration by the House within ten (10) session days from receipt;
• A vote of at least one-third of all the Members of the House shall be sufficient either
to affirm a favourable resolution with the Articles of Impeachment of the Committee
concerned, or override its contrary resolution;
• In a direct resolution, a verified complaint or resolution of impeachment is filed by at
least one-third of the Members of the House; the same shall constitute the Articles of
Impeachment;
• The Articles of Impeachment is then forwarded to the Senate for a trial that has the
exclusive power to further hear, try, and decide all cases of impeachment. A certain
number of members of the House of Representatives shall act as prosecutors and the
full House of-Senate shall be transformed into an impeachment court, whose
members shall formally take an oath of affirmation. When the President of the
Philippines is on trial, the Chief Justice shall preside, but is not entitled to vote;
• Consequently, the Senate then votes in open session on each Article of Impeachment.
No person shall be convicted without the concurrence of two-thirds of all the
members of thereof; and
• No impeachment proceedings shall be initiated against, the same official more than
once within a period of one year.
Where the convicted official is no longer in the public service, the only penalty
available is disqualification. However, if he is still incumbent at the time, both the
penalties of removal and disqualification may be imposed.
The judgment of the Congress in an impeachment proceeding naturally cannot
be subject to judicial review because the Constitution provides that they have the sole
power to hear, try and decide an impeachment case.
However, if there is grave abuse of discretion, then the Supreme Court can take
cognizance of the case provided that it must be properly brought before the highest
tribunal.
 ARTICLE XI
Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its
jurisdiction as now or hereafter may be provided by law.

Sandiganbayan is a special court created acted upon civil and criminal cases
involving graft and corrupt practices and such other offenses committed by public
officers and employees, including those in government-owned or controlled
corporations, in relation to their office as may be determined by law.
ARTICLE XI
Section 5. There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be
known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A
separate Deputy for the military establishment may likewise be appointed.

The Constitution created the Office of the Ombudsman and thereby cannot be
abolished nor its composition and functions be changed by a mere legislation from the
Congress.
The Office of the Ombudsman formerly known as the Tanodbayan is regarded as
the Champion of the People because of its independence from the three branches of
government. Hence, it prosecutes any offenses created by public officers in line with
their duties and functions.
 ARTICLE XI
Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed
by the Ombudsman, according to the Civil Service Law.

Appointments of other officials and employees of the Office of the Ombudsman

• By the Ombudsman
• In accordance with Civil Service Law

ARTICLE XI
Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue
to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office
of the Ombudsman created under this Constitution.

The earlier Tanodbayan as mandated by the former Constitution is now known as

the Office of the Special Prosecutor. It continues to function under the supervision of
the Office of the Ombudsman. All transactions made by the Office of the Special
Prosecutor require the approval and consent of the Office of the Ombudsman.
 ARTICLE XI
Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of
their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine
Bar, and must not have been candidates for any elective office in the immediately preceding election. The
Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2
of Article 1X-A of this Constitution.

ARTICLE XI
Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees
prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such
appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.

ARTICLE XI
Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the
Constitutional Commissions, and they shall receive the same salary which shall not be decreased during their term of
office.

ARTICLE XI
Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They
shall not be qualified to run for any office in the election immediately succeeding their cessation from office.
The Ombudsman and his deputies must be:
• A natural born citizen of the Philippines;
• At least 40 years of age at the time of appointment;
• With recognized probity and independence;
• A member of the Philippine Bar;
• Not a candidate for any elective position in the immediate preceding
election; and
• A judge for ten (10) years or more or engaged in the practice of law in
the country.
The Ombudsman and his Deputies are appointed by the President
from a list prepared by the Judicial and Bar Council and shall serve their
respective office with a term of seven (7) years without reappointment
and are not qualified to run for any office in the election immediately
succeeding their cessation from office.
 ARTICLE XI
Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in
any form or manner against public officials or employees of the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases,
notify the complainants of the action taken and the result thereof.
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 of duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
The Ombudsman has persuasive power, and may require that proper legal steps are
taken by the officers concerned.
The public official or employee must be employed in:
• The Government
• Any subdivision, agency, or instrumentality thereof; or
• GOCC’s with original charters
• The SC has held that the SP may prosecute before the Sandiganbayan judges
accused of graft and corruption, even if they are under the Supreme Court.
 ARTICLE XI
Section 13. 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.
(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 or 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.
The office of the Ombudsman shall have the following power, function and duties.
• Investigate on its own
• Direct, upon complaint or at its own
• Direct the officer concerned to take appropriate action
• Direct the officer concerned in any appropriate action
• Request any government assistance and information
• Publicize matters covered by its investigation
• Determine the causes of inefficiency
• Promulgate its rule of procedure 
 ARTICLE XI
Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and
regularly released.

Fiscal autonomy Like the judiciary (Art. VIII, Sec. 3) and the Constitutional Commissions ( Art. IX, A-Sec. 5),
including the Commission on Human Rights (Art. XIII, sec. 17[4].), the Office of the Ombudsman enjoys fiscal
autonomy, to further enhance its independence. It does not have to request the Office of the President or any
government agency for the release of its approved annual appropriations.
ARTICLE XI
Section 15. The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their
nominees or transferees, shall not be barred by prescription, laches, or estoppel.

Right of the State to recover ill-gotten wealth. The right of the state to recover properties unlawfully acquired by
public officials or employees, from them or from their nominees or transferees shall not be barred by any of these
causes:

• By prescription, a party having cause of action is precluded from enforcing his right or resorting to the court for
redress for his failure to do so within a certain period of time fixed by law.

• Laches is the failure or neglect of a party for an unreasonable and unexplained length of time to assert a right or
claim giving rise to the presumption that he has abandoned it and making it inequitable to permit the right or
claim to be enforced.

• Estoppel, an admission or representation is rendered conclusive against the person making it and cannot be
denied or disproved by him against the person relying thereon.
 ARTICLE XI
Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by
any government-owned or controlled bank or financial institution to the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have
controlling interest, during their tenure.
Prohibition against grant of loan, guaranty of other form of financial accommodation. The prohibition
contained in section 16 further gives emphasis to the principle that a public office is a public trust. The
purpose is to prevent the officials mentioned from making use of their influence to secure such loan, etc. to
benefit them.

The prohibition extends to any firm or entity in which any of the officials mentioned has a controlling
interest. It does not apply where the loan, etc., is not for any business purpose, or is given to a firm in which he
has no controlling interest, nor in any case, after his tenure of office. In any said situations, there is no reason
for the prohibition.
ARTICLE XI
Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet,
the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with
general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.
One of the measures to prevent graft and corruption is the mandatory filing of the Declaration of Assets
and Liabilities. All public officers and employees are required upon assumption of office to submit a
declaration under oath of all of their assets, liabilities, and net worth. By this means, a public officer or
employees cannot absolutely commit any graft and corrupt practices act. Non-submission of this required
instrument is dealt by law.
 ARTICLE XI
Section 18. Public officers and employees owe the State and this Constitution allegiance at all times and any public
officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country
during his tenure shall be dealt with by law.

Duty of allegiance to the State and the Constitution. Public offices and employees
must serve the people with outmost “loyalty’’ and “act with patriotism.” They owe the
State and its constitution allegiance at all times.
THANK YOU!

CUETO, IVY NADINE F

14-04016
ARC-4202