THE PHILIPPINE GOVERNMENT including, save as the contrary appears from
the context, the various arms through which
This paper discusses the three departments
of the Philippine Government (legislative,
executive, and judicial department) and
three Constitutional Commissions, the
principles and doctrines underlying their
structure and composition, and their
respective roles, powers, and functions. The
paper basically discusses the Constitution of
Government.
At the end of the discussion, the students
must be able to:
1. Explain the basic political law doctrines
involving the Philippine Government;
2. Explain and distinguish the three branches
of the government;
3. Identify and compare the respective roles,
functions and composition of the branches
of the government; and
4. Explain and distinguish the powers,
functions, and jurisdiction of the three
Constitutional Commissions.
PRELIMINARIES
1. Definition of Government. Government
has been defined as that institution or
collection of institutions through which a
sovereign society makes and implements
law which enable men to live with each
other or which are imposed upon the people
forming the society by those who have the
authority of prescribing them.
2. Definition of Government of the
Republic of the Philippines. Under Section
2(1) of the Administrative Code of the
Philippines, the Government of the
Republic of the Philippines is defined as
the corporate governmental entity through
which the functions of government are
exercised throughout the Philippines,
political authority is made effective in the
Philippines, whether pertaining to the
autonomous regions, the provincial, city,
municipal, or barangay subdivisions, or
other forms of local government. In other
words, it refers to the corporate institution
which acts as an instrument through which
the people exercise their sovereignty. It is
composed of the central or national
government and local government units.
3. Overview of the Structure of the
Philippine Government. As provided in
Article II of the Constitution, the Philippine
Government is democratic and republican. It
follows the separation of powers, so that as
provided in Articles VI, VII and VIII, it
divides itself into three branches:
Legislative, Executive, and Judicial.
Although these branches have their own
particular powers and functions, they form
only one coherent government with a
common purpose. Independent
Constitutional Commissions were also
created as constitutional safeguards for the
other aspects of governance in the
Philippines, such as audit of public funds,
conduct of elections, and maintenance of
civil service. The intricacies of Philippine
bureaucracy are laid down in the
Constitution of Government, which will be
discussed below.
SEPARATION OF POWERS
Meaning of the Doctrine
The Doctrine of Separation of Powers
entails: first, the division of the powers of
the government into three, which are
legislative, executive, and judicial; and
second, the distribution of these powers to
the three major branches of the government,
which are the Legislative Department,
Executive Department, and the Judicial
Department. Basically, it means that the
Legislative Department is generally limited
to the enactment of the law and not to
implementation or interpretation of the
same; the Executive Department is generally
limited to the implementation of the law and
not to the enactment or interpretation of the
same; and the Judicial Department is
generally limited to the interpretation and
application of laws in specific cases and not
to the making or implementation of the
same.
Purpose of the Doctrine
Prevention of Monopoly of Power.
Separation of powers is said to be an
attribute of republicanism, in that, among
other reasons, it seeks to prevent monopoly
or concentration of power to one person or
group of persons, and thereby forestalls
dictatorship or despotism. Sovereignty
resides in the people, and it should remain
that way. Government officials, who are the
representatives of the people, must exercise
the powers of their office in the interest of
the public. While representational exercise
of power brings out the essence of
republicanism, too much concentration of
power rips it apart, as was experienced some
administrations.
Separation not Exclusive
Important to understand is the meaning of
separation not as exclusivity but as
collaboration. While each of the
Departments exercises its respective power,
it does so in collaboration with the other
Departments because in the end they all
belong to one unified government with a
common purpose. Appointment, for
example, of Members of the Supreme Court
by the President must be upon the
recommendation of the Judicial and Bar
Council. In here before the President, who
belongs to the executive branch, appoint a
Supreme Court justice, a recommendation
must first be given to him by the JBC, which
is an independent body in the judiciary.
Another example would be the use of public
funds. In here, the President prepares the
budget, on the basis of which the Congress
enacts an appropriations bill which will then
be submitted and approved by the President.
Checks and Balances
From the examples above one can
understand the corollary doctrine of checks
and balances. Under the doctrine, there is
no absolute separation of the three branches
of the government, but to maintain their
coequality each department checks the
power of the others. Generally, the
departments cannot encroach each others
power, but constitutional mechanisms allow
each one of them to perform acts that would
check the power of others to prevent
monopoly, concentration, and abuse of
power. For example, the Judicial and Bar
Council recommends nominees to the
President so that the latter will not
capriciously appoint someone whom he can
easily convert into a puppet and thereby
become his medium to control the judiciary.
In the same way, the disbursement of public
funds cannot depend solely upon the
discretion of the President, but must be
based on legislation by the Congress.
Presidential System
The Philippines has a presidential form of
government because it observes the
principle of separation of powers. The
ordinary connotation of presidential system
is that it is headed by a president, as
distinguished from a parliamentary system
which is headed by a prime minister. The
real essence, however, of the presidential
system and that which distinguishes it from
the parliamentary is its strict observance of
the separation of powers. Under the
presidential system, any governmental act in
violation of the said doctrine is null and
void. The government is divided into three
branches and each is limited to the power
delegated to it. On the contrary, under the
parliamentary form, the legislative and
executive branches are coordinate
branches so that the two organs are fused
together as one body performing both
legislative and executive functions. The
Prime Minister, for example, is chosen from
among the lawmakers in the parliament to
become the head of the state. His term is at
the pleasure of the parliament, thus, making
the executive branch intrinsically merged
with the legislative.
THE LEGISLATURE AND THE
LEGISLATIVE PROCESS
Legislative Power
1. Meaning. The word legislative is
derived from the Latin lex which means
law. In general, legislative power refers to
the power to make and unmake laws. Laws
are rules or collection of rules, whether
written or unwritten, prescribed under the
authority of a political society for the
common good. The Legislative
Department (Legislature) is the law-making
branch of the government.
2. Delegation to the Congress.
Fundamentally, legislative power is an
attribute of sovereignty, in that the
Constitution itself, the fundamental law of
the State, is a legislation of the sovereign
people. However, through the Constitution,
the people delegated the legislative power
to the Congress of the Philippines. Section
1, Article VI states that Legislative power
shall be vested in the Congress of the
Philippines The delegation of power
entails a surrender of authority to the
representatives, or in the case of legislative
power, to the Congress. Thus, law-making
can only be performed by the Congress,
even if the law it enacts involves the people.
3. Reservation to the People. The
Constitution, however, makes a reservation
as to the delegation, in that it explicitly
states: except to the extent reserved to
the people by the provision on initiative and
referendum. In other words, there is no
complete delegation of law-making power to
the Congress, as the power is reserved to the
people in cases of initiative and referendum.
Thus, laws are made or unmade, first, by the
Congress in the form of statutes, and
second, by the people in initiatives and
referendums; legislative power is exercised
by the Congress and the sovereign Filipino
people.
4. Legislative Power as Exercised by
Congress. Legislative power as exercised by
Congress manifests itself more specifically
in the Constitution as power of
appropriation, power of taxation, and
power of concurrence.
(a) Power of Appropriation. Section 29 (1),
Article VI speaks of the power to
appropriate. It states, No money shall be
paid out of the Treasury except in pursuance
of an appropriation made by law.
Appropriation means the authorization by
law for the use of a certain sum of the public
funds. An appropriations law is necessary
before public funds may be spent by the
government for its projects. The government
needs money in all its activities and projects
so that the power of appropriation, also
known as the power of the purse, is said to
be one of the most important prerogatives of
the Congress.
(b) Power of Taxation. The power, which is
one of the inherent powers of the state, is
generally exercised by the legislative
department. The Constitution limits such
power as follows: The rule of taxation shall
be uniform and equitable. The Congress
shall evolve a progressive system of
taxation. As was discussed in Chapter 4,
taxation must be uniform, equitable, and
progressive. Any law passed by the
Congress contrary to this provision is null
and void.
(c) Power of Concurrence. Section 21,
Article VII states that no treaty or period and subject to such restrictions as it
international agreement shall be valid and may prescribe, to exercise powers necessary
effective unless concurred in by at least two- and proper to carry out a declared national
thirds of all the Members of the Senate. policy. Emergency powers are delegated to
This refers to the power of concurrence of the President by the Congress to effectively
the Congress in which no treaty can become solve the problems caused by war or other
binding and effective as a domestic law crisis which the Congress could not
without the two-thirds concurrence of the otherwise solve with more dispatch than the
Members of the Senate. President;
(c) Delegation of tariff powers to the
Non-Delegation of Powers President. Section 28 (2), Article VI of the
Constitution states that the Congress may,
1. Meaning and Explanation. The Congress
by law, authorize the President to fix within
cannot further delegate the power delegated
specified limits, and subject to such
to it by the people. This is in keeping with
limitations and restrictions as it may impose,
the principle of non-delegation of powers
tariff rates, import and export quotas,
which is applicable to all the three branches
tonnage and wharfage dues, and other duties
of the government. The rule states that what
or imposts within the framework of the
has been delegated cannot further be
national development program of the
delegated potestas delegata non delegari
Government. Tariff powers are delegated to
potest. A delegated power must be
the President by the Congress to efficiently
discharged directly by the delegate and not
and speedily solve economic problems
through the delegates agent. It is basically
posed by foreign trade which the Congress
an ethical principle which requires direct
could not otherwise address with more
performance by the delegate of an entrusted
dispatch than the President;
power. Further delegation therefore
(d) Delegation to administrative bodies. The
constitutes violation of the trust reposed by
Congress delegates the so called power of
the delegator on the delegate. The people,
subordinate legislation to administrative
through the Constitution, delegated
bodies. Due to the growing complexity of
lawmaking powers to the Congress, and as
modern society, it has become necessary to
such, it cannot as a rule delegate further the
allow specialized administrative bodies to
same to another.
promulgate supplementary rules, so that they
2. Exceptions. In order to address the
can deal with technical problems with more
numerous and complex demands of
expertise and dispatch than the Congress or
legislative function, the Constitution
the courts. Regulations or supplementary
provides exceptions to the rule. Further
rules passed by the administrative bodies are
delegation is permitted in the following
intended to fill-in the gaps and provide
cases:
details to what is otherwise a broad statute
(a) Delegation to the people at large. The
passed by Congress. For the rules and
Congress further delegates its legislative
regulations to be valid and binding, they
power by allowing direct legislation by the
must be in accordance with the statute on
people in cases of initiative and referendum;
which they are based, complete in
(b) Delegation of emergency powers to the
themselves, and fix sufficient standards. If
President. Section 23 (2), Article VI of the
any of the requirements is not satisfied, the
Constitution states that in times of war or
regulation will not be allowed to affect
other national emergency, the Congress may,
private rights; and
by law, authorize the President, for a limited
(e) Delegation to the local governments. than two consecutive terms.
This delegation is based on the principle that 3. The House of Representatives. The House
the local government is in better position and its members are described in the
than the national government to act on Constitution as follows:
purely local concerns. Legislative power is (a) Composition. The House of
therefore given to them for effective local Representatives is composed of District
legislation. Representatives and Party-list
Representatives. On the one hand, district
Bicameralism and Composition of Congress representatives or congressmen as they are
commonly called, whose number is now
1. Bicameralism in the Congress. The
fixed by law, are elected from the
Constitution prescribes bicameralism in the
legislative districts in provinces and cities.
Congress. Congress, to whom legislative
On the other hand, party-list representatives
power is vested, shall consist of a Senate
are elected at large through a party-list
and a House of Representatives.
system of registered national, regional, and
Bicameralism is a traditional form of
sectoral parties or organizations. Twenty
legislative body consisting of two chambers
percent of the total number of all the
or houses, one representing regional
members of the House of Representatives
interests and the other representing national
constitutes the party-list representatives.
interests. The Congress of the Philippines is
(b) Qualifications of a Member. To be a
said to be bicameral because it consists of
member of the House of Representatives,
two houses: the House of Representatives,
one must be a natural-born citizen of the
which is concerned with local issues, and the
Philippines and, on the day of the election, is
Senate, which is concerned with national
at least twenty-five years of age, able to read
issues. These two are co-equal branches and
and write, and, except the party-list
their primary function is law-making.
representatives, a registered voter in the
2. The Senate. The Senate and its members
district in which he shall be elected, and a
are described in the Constitution as follows:
resident thereof for a period of not less than
(a) Composition. The Senate is composed
one year immediately preceding the day of
of twenty-four Senators who shall be elected
the election.
at large by the qualified voters of the
(c) Term. Each Member has a term of three
Philippines, as may be provided by law. It
years and shall serve for not more than three
is said to be the training ground of future
consecutive terms.
Presidents because membership in the
4. The Officers of the Congress are the
Senate requires national constituency and
Senate President, who heads the sessions in
demands a broad circumspection of the
the Senate, and the House Speaker, who
issues and problems of the country.
heads the House of Representatives. They
(b) Qualifications of a Senator. To be a
are elected by majority vote of all their
senator, one must be a natural-born citizen
respective members. If it deems necessary,
of the Philippines and, on the day of the
each House can choose other officers.
election, is at least thirty-five years of age,
able to read and write, a registered voter, Party-list Representation
and a resident of the Philippines for not less
than two years immediately preceding the 1. Meaning and Purpose. The party-list
day of the election. system aims at establishing representation of
(c) Term. Each Senator shall have a term of the underprivileged. It is a social justice tool
six years and he shall serve for not more designed not just to make the
underprivileged mere beneficiaries of law
but to make them lawmakers themselves. It
opens up the political system to the
prejudiced and underrepresented sectors of
the society. Under the present rule, however,
party-list representatives need not represent
only the marginalized and the
underrepresented; national political parties
can participate through their sectoral wings
provided they are registered separately in the
COMELEC. Party-list representatives after
all may represent not just a marginalized or
underrepresented sectors but also
ideologies germane to democracy.
2. Parameters for Allocation of Seats. As to
the allocation of seats of party-list
representatives in the House of
Representatives, the parameters are:
(a) Twenty percent allocation in the House
(Sec. 5(2), Art. VI);
(b) To qualify to a seat, at least two percent
of the votes is casted on the party;
(c) A qualified party is entitled to a
maximum of three seats; and
(d) Proportional representation as to the
number of additional seats vis--vis the total
number of votes cast.
Sessions and Quorum
1. Kinds of Session. The Congress has
regular sessions and special sessions. On the
one hand, the regular sessions are conducted
once a year starting on the fourth Monday of
July and continue as long as the Congress
deems it necessary but only until thirty days
before the next regular session. On the other
hand, special sessions are conducted
anytime upon the call of the President on
subjects he wishes to consider. This can last
for as long as the Congress wants.
2. Quorum. In order to transact business
during its regular or special sessions, each
House must meet the quorum or majority of
the body. One half of the members plus one
is the majority. No law can be passed or a
legislative function discharged unless the
quorum is reached. In determining the
quorum, however, members who are abroad,
suspended or otherwise prevented from
participating are not counted. Only those
who are in the Philippines and on whom the
Congress has coercive power to enforce its
authority and command are counted. For
example, if one of the members of the
Senate is outside the Philippines, the base
number is twenty three because the Senator
abroad is not counted. The quorum is
therefore twelve since it is the majority of
twenty three.
3. Recess. Thirty days before the next
regular sessions, the Congress shall have its
compulsory recess or adjournment. But each
House can adjourn for a voluntary recess
provided that the consent of the other House
is obtained if the adjournment is for three
days or to any other place than that to which
the two Houses are sitting.
Parliamentary Immunities
1. Meaning. Parliamentary immunity refers
to the privilege given to Members of the
Congress intended to ensure their effective
discharge of legislative functions and
maintenance of representation in the
Congress.
2. Two Kinds of Immunity. The Constitution
provides two kinds of immunities:
immunity from arrest and privilege of
speech and debate. Section 11, Article VI
states: 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.
(a) Immunity from arrest refers to the
freedom of Senators and Members of the
House of Representative from arrest while
the Congress is in session, whether regular
or special, from the time it convenes until its
final adjournment. The offense, however, of
which the arrest is made must not be
punishable for more than six years of
imprisonment. For example, if Senator
Pedro is charged for the crime of simple
theft while the Congress is still in session,
he cannot be arrested because simple theft is
not punishable for more than six years of
imprisonment. But if he is charged for rape,
he may be arrested even though the
Congress is in session because rape is
punishable by more than six years
imprisonment.
(b) Privilege of speech and debate refers to
the freedom of Senators and Members of the
House of Representatives from being
questioned or held liable in any place for
any speech or debate in the Congress or in
any committee thereof. This is to give
leeway to the members of the Congress to
express their ideas without fear of being
held liable in the courts of justice for the
effective discharge of their duties. It must be
noted, however, that the privilege is
effective only in speeches and debates made
in the Congress or in those uttered by the
legislator in his capacity as member of the
Congress. Moreover, although the legislator
cannot be held liable before the courts, he
could be held liable in the Congress itself for
words or conduct unbecoming of a member.
For example, if Congressman Pedro, during
his speech before the House, uttered
unsavory remarks against a fellow member,
he cannot be charged for libel before the
courts but he can be made liable in the
House itself for words or conduct
unbecoming of a member of the House.
Restrictions and Disqualifications
1. Conflict of Interest. The Constitution
demands transparency in the Congress,
particularly in the financial and business
interests of its members, in order for the
legislature to be aware of a potential
conflict of interest. Potential conflict of
interest happens when a legislator derives
financial advantage from a law which he
legislates or was legislated during his term
and the body was not notified of such
conflict. It constitutes betrayal of public
trust in that the personal interest of the
legislator is placed over that of the public.
Note however that the legislator can still
propose a law even if there is a potential
conflict of interest for as long as he has
notified the body about it. The purpose
therefore of this requirement is to allow the
House to better examine the legislation vis-
-vis the legislator.
2. Incompatible Office. In keeping with
doctrine of separation of powers, the
Constitution provides that 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. This
disqualification refers to the incompatible
office which is any other office in the
government that if held by a member of the
Congress would result to the forfeiture of his
seat in the Congress. The provision allows a
member to hold an incompatible office but
the result is the automatic forfeiture of his
seat. For example, if during the term of
Senator Pedro he becomes the head of a
government-owned and controlled
corporation, he will no longer be Senator
because of the automatic forfeiture, the
GOCC being an incompatible office.
3. Forbidden Office. Another
disqualification involves the so-called
forbidden offices or offices which have
been created or the emoluments of which
were increased while the legislator was a
member of the Congress. The purpose of
this disqualification is to prevent legislators
to create an office or to increase its
emoluments for personal gain. Pursuant to
this disqualification, a Senator, for example,
cannot be appointed to a civil or military
office which was created while he was still a
senator. The disqualification lasts for the
entire six-year term even if the member
resigns before the end of his term.
Independent Bodies
1. The Constitution creates two independent
bodies in the Congress especially to perform
non-legislative functions and to check the
appointing power of the Chief Executive, to
wit: (a) the Electoral Tribunals and (b)
Commission on Appointments. Although
majority of their members come from the
Congress, they considered independent
bodies in that they have the exclusive right
to prescribe their own rules of procedure,
they have their own set of employees who
are under their control and supervision, and
they have their own function distinct from
that of the Congress.
2. Electoral Tribunal. To ensure fairness and
impartiality in deciding election contests
involving members of the Congress, each
House in the Congress shall have an
Electoral Tribunal: the Senate Electoral
Tribunal in the Senate, and House of
Representatives Electoral Tribunal in the
House of Representatives. Each Electoral
Tribunal shall be the sole judge of all
contests relating to the election, returns, and
qualifications of their respective Members.
Each shall be composed of nine members,
three are Justices of the Supreme Court, and
six are members of the Senate or the House
of Representatives, as the case may be. The
Chairman shall be the senior Justice. While
the member Justices are designated by the
Chief Justice of the Supreme Court, the six
other legislator members are chosen on the
basis of proportional representation from
political parties and party-list organizations
(duly registered under the party-list system)
in the Congress. Thus, if there is an election
contest, for instance, involving the
qualifications of Congressman Juan, the case
shall be decided by the House of
Representatives Electoral Tribunal which is
the sole judge of election contests involving
the Members of the House of
Representatives.
3. Commission on Appointments. Another
independent body in the Congress is the
Commission on Appointments which was
created to check the appointing power of the
President, specifically in appointments to
importance offices in the government. It
consists of twenty five members: the Senate
President, as ex officio Chairman, twelve
Senators, and twelve Members of the House
of Representatives. The Senators and
Members of the House are elected by their
respective Houses based on proportional
representation from the political parties and
party-list organizations (duly registered
under the party-list system) in the Congress.
The function of the Commission is to
approve or disapprove the nominations
submitted to it by the President to
appointments that require its approval. For
example, before a Cabinet Member may be
appointed, the President must first submit
his nomination for approval to the
Commission on Appointments. With the
approval, there could be no appointment.
Procedure of How a Bill Becomes a Law
1. Bill vs. Statute. Among the most
important things studied in Article VI, The
Legislative Department, is the procedure of
how a bill becomes a law. A bill is a
proposed law. As such, it is not yet binding
nor does it confer or affect the rights and
duties of individuals. It becomes a law only
after it has gone through all the formalities
and solemnities of the legislation process as
prescribed in the Constitution. The law
enacted by the Congress is called a statute.
2. The procedure is as follows:
(a) A bill is introduced by any Member of
the Senate or the House of Representatives
by filing it with the Office of the Secretary
where it is calendared for the First Reading.
Some bills, however must originate
exclusively from the House of
Representatives, such as the appropriation,
revenue or tariff bills, bills authorizing
increase of the public debt, bills of local
application, and private bills, although the
Senate may propose or concur with
amendments.
(b) During the first reading the number, title,
and name/s of author/s are read. The subject
of the bill as expressed in its title must only
be one in order to avoid hodge-podge or log-
rolling legislation which entails insertion of
many unrelated subjects. The bill is referred
to an appropriate committee for study.
Public hearings or consultations may be
conducted by the committee before it
recommends the bill for approval, with or
without amendments, or for consolidation
with similar bills, or for disapproval. If it is
disapproved, the bill is said to be killed. If
approved or reported out, it will calendared
for the second reading.
(c) During the second reading, which is the
start of the most important stage, the bill is
read in its entirety, together with the
amendments introduced by the committee, if
there are any. The bill will thereafter be
debated upon and amended if the members
deem it necessary.
(d) The approved bill in the second reading
is printed in its final form and copies of it
are furnished to the members three days
before the third reading. During the third
reading, only the title of the bill is read, and
immediately after, the Members will vote
thereon and their votes (yeas and nays) will
be entered in the journal. No further
amendments are allowed.
(e) The approved bill is referred to the other
house where it also undergoes three readings
on three separate days. If compromise or
reconciliation of conflicting provisions is
necessary because of the differences in the
committee.
(f) After the bill has been approved on third
reading on both Houses it shall be submitted
to the President for his action. He approves
by signing the bill; he disapproves by
vetoing and returning the bill with his
objections to the House of origin. In order to
override the veto of the President, two-thirds
of all the Members of each house voting
separately must agree to pass the bill. If the
President will not act on the bill in thirty
days, the bill shall become a law as if signed
by him. Pocket veto is not allowed under
the laws.
(g) The enrolled bill or bill as printed and
approved by the Congress and the President
shall be published in a newspaper of general
circulation or in the Official Gazette of the
Government and shall become binding
fifteen days following its publication unless
another date is provided therein.
3. Three Readings on Three Separate Days.
What is important to remember in all these
steps is the rule of three readings on three
separate days. Except when the President
certifies to the necessity of its immediate
enactment to meet a public calamity or
emergency, no bill can become a law unless
it passes three readings on three separate
days in both Houses of the Congress.
Non-legislative and other Powers of
Congress
1. Non-Lawmaking Powers. Aside from
lawmaking, Congress performs non-
lawmaking functions, such as initiation and
holding of impeachment (Art. XI, Sec. 2),
acting as a constituent assembly (Article
XVII, Sec. 1), declaration of existence of
war (Art. VI, Sec. 1), approval of
Presidential appointments through the
Commission on Appointments (Art. VI, Sec.
17), and deciding election cases involving
its members (Art. VI, Sec. 16).
2. Power to Declare the Existence of War.
Section 23 (1), Article VI states that 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. This
means that when the Philippines is under
attack by foreign invaders, the Congress by
means of enacting a law, affirms that the
Philippines is already at war with the enemy.
War is not solely controlled by the President
who is the commander in chief of the
military; it is likewise controlled by the
legislature because it has power over the
money used in the war.
3. Legislative Inquiries. The Congress also
conducts legislative inquiries which power
is necessarily implied in its power to
legislate. Legislative inquiry is a process
held in the Congress especially conducted to
compulsorily obtain requisite information
from witnesses in aid of legislation. The
process and the requite information taken
are necessary to legislate wisely and
effectively. The Constitution provides
limitations, to wit: (1) the inquiries must be
in aid of legislation; (2) it must be in
accordance with the duly published rules of
procedure of the Congress; and (3) the rights
of persons appearing shall be respected.
4. Question Hour. Inquiries may also be
conducted to obtain information from the
heads of departments on matters pertaining
to how laws are implemented. This is called
the question hour. The manner of obtaining
information, however, is not compulsory
because of the doctrine of separation of
powers. The heads of the departments are
alter egos of the President; to maintain the
co-equality of the executive and legislative
branch, either House of Congress may only
request for the appearance of the department
heads. Conversely, the department heads
may appear but the Congress is not obliged
to hear them. Question hour is different from
legislative inquiry in that appearance in the
former is not compulsory, while appearance
in the latter is compulsory; information
derived in the former is in exercise of
oversight functions, while informative
processes of a presidential government,
while the latter is an inherent legislative
power under a presidential government.
THE EXECUTIVE AND EXECUTIVE
PROCESS
Executive Power
1. Meaning. Executive power includes, first,
the power to implement and administer the
law, and, second, other powers necessary to
carry out the same. Section 1, Article VII
provides that the executive power shall be
vested in the President of the Philippines,
so that his primary role is to ensure that the
laws are faithfully executed. That executive
power is given to the President alone makes
him the most potent official in the
government. But while much is given to
him, much is also expected. The limits of his
awesome powers are structurally provided in
the Constitution to prevent irresponsible and
despotic exercise thereof.
2. Doctrine of Qualified Political Agency.
While executive power is given only to the
President, the President can appoint
Members of his Cabinet whom the law
considers as his alter egos (extensions of
himself). Under the doctrine of qualified
political agency, the acts of the Members of
the Cabinet are deemed to be the acts of the
President unless reprobated or altered by
him. The Cabinet Members are political
agents of the President who help him
discharge his powers and duties which alone
he cannot efficiently perform. They are the
heads of the departments who serve as
presidential advisers. Just as the President
has the power of control over them, he also
has the power to remove them, him being
still the chief of administration.
Presidential Privileges
1. Meaning. Presidential privilege refers to
an immunity or privilege granted to the
President intended for the effective
performance of his executive functions and
duties.
2. Kinds. The President is granted the
privilege of immunity from suit and
executive privilege.
(a) Immunity from suit means that the
President cannot be sued, if he invokes such
privilege, for any civil or criminal action
during his tenure. In one case, the Court said
that the rationale for the grant of the
privilege of immunity from suit is to assure
the exercise of the Presidential duties and
functions free from any hindrance or
distraction, considering that being the Chief
Executive of the Government is a job that,
aside from requiring all of the office-
holders time, also demands undivided
attention. After his tenure, however, the
President can no longer invoke immunity for
non-official acts.
(b) Executive privilege refers to the power
of the President to withhold confidential
information from the other branches of the
Government and the public. Among these
types of information covered by the
privilege are: (i) conversations and
correspondence between the President and
the public officials (covered by E.O. 464);
(ii) military, diplomatic, and other national
security matters which in the interest of
national security should not be divulged;
(iii) information between inter-government
agencies prior to the conclusion of treaties
and executive agreements; (iv) discussion in
close-door Cabinet meetings; and (v)
matters affecting national security and
public order. These types of information are
closed or withheld from the other branches
and the public because they are crucial for
the exercise of executive functions and to
prevent the potential harm resulting from the
disclosure of the same. Thus, the President
and the Cabinet Members, for instance, can
invoke executive privilege even in the
Congress during legislative investigations.
Qualifications, Manner of Election, and
Term
term of the President as follows:
(a) Qualifications. Section 2, Article VII of
the Constitution provides the qualifications
of a President, to wit: (i) he must be a
natural-born citizen of the Philippines; (ii) a
registered voter; (iii) able to read and write;
(iv) at least forty years of age on the day of
the election; and (v) a resident of the
Philippines for at least ten years
immediately preceding such election.
(b) Manner of Election. He is elected at
large by the direct vote of all qualified
citizens.
(c) Term. His term is six years, for which he
cannot seek for reelection. He may be
removed from office through
impeachment.
2. The Vice-President. Section 3, Article VII
states that the Vice-President has the same
qualifications and term of office as the
President, for the reason that his primary
role is to succeed the President in case of
vacancy due to the latters death, permanent
disability, or resignation. He may also be
removed from office in the same manner as
the President. However, the Vice-President
may serve for two consecutive terms.
3. When Qualifications must be Present. It
must be noted that the qualifications must be
present on the day of the election and not on
the day of filing the Certificate of Candidacy
or the day of proclamation of the President-
elect. Thus, one can still run for President
even if he is still thirty nine years old on the
day of filling the certificate of candidacy, for
as long as he is forty years old on the day of
the election. Worthy of note also is the
Constitutional limitation on the term of the
President, that is, he cannot seek for
reelection. The manifest purpose of this is to
prevent despotism and to protect the highest
public official from being consumed by the
overwhelming powers of Presidency.
Presidential Succession
1. Two Rules on Presidential Succession.
Section 7 and Section 8, Article VII
prescribe the rules for presidential
succession or the manner of filling a
vacancy in the presidency. Section 7 talks of
succession when vacancy happens at the
start of the term of the President-elect, while
Section 8 talks of succession when vacancy
happens at the mid part of the term of the
incumbent President. These rules are
important because they provide immediate
remedy for filling the vacancy in the highest
and most crucial seat of the land.
2. Succession at the Start of the Term. Under
Section 7, Article VII, the rule is:
(a) The Vice-President becomes the Acting
President in the event that the President-
elect fails to qualify, or when no President
was chosen;
(b) The Vice-President becomes the
President in the event that the President-
elect dies or becomes permanently disabled;
and
(c) The Senate President or, in case of his
inability, the House Speaker, becomes the
Acting President on the event that no
President and Vice-President are chosen or
qualified, or where both died or become
permanently disabled.
In the first case, the Vice-President acts as
President until a President-elect is qualified
and chosen. In the second case, the Vice-
President does not only act as President but
becomes the President. And in the third case,
the Senate President or, in his inability, the
House Speaker acts as President until a
President or a Vice-President are chosen and
qualified.
3. No Presidential Hold-Over. Note well that
the former President, whose term already
expired, has no right of hold-over. So as
not to repeat the dictatorship of the past, the
Constitution is strict with the six-year term
limit. No extensions are allowed, not even in
a hold-over capacity. Thus, if no President
assumes office after the election, the former
President is not allowed to continue
discharging the functions of the presidency.
4. Succession at the Mid-Part of the Term.
for the unexpired term in case of the latters
death, permanent disability, removal from
office, or resignation; and
(b) if the same happens to both the President
and the Vice-President, then the Senate
President or, in case of his inability, the
House Speaker, will act as President until
the President or Vice-President will be
elected and qualified.
5. Vacancy in the Office of the Vice-
President. If the Office of the Vice-President
is vacant as a consequence of presidential
succession, the President shall nominate a
Vice-President from among the Members of
Congress who shall assume office upon
confirmation of the Members of Congress.
For example, when former President Joseph
Estrada was ousted from Malacanang
through People Power, he was succeeded by
then Vice- President Gloria Arroyo. As a
matter of course, the Office of the Vice-
President became vacant. Thus, the new
President, Gloria Arroyo, nominated then
Senator Teofisto Ginggona for Vice-
President whose nomination was confirmed
by the Members of Congress. Note that
President Arroyo could have nominated any
Member of the Congress, that is, either a
Senator or a Member of the House of
Representatives for Vice-Presidency.
6. Temporary Disability of the President.
And lastly, Presidential succession also
happens when the President is temporarily
disabled. The temporary disability of the
President, of which the public must be
informed, is determined by:
(a) the President himself through a written
declaration transmitted to the Senate
President and House Speaker, in which case
the Vice-President becomes the Acting
President;
(b) majority of Cabinet Members through a
written declaration transmitted to the two
officials, in which case the Vice-President
becomes the Acting President; and
(c) 2/3 vote of both Houses of Congress,
voting separately, in case there is a dispute performance of their functions. Public office
between the President and the Cabinet is public trust, so that it cannot be used for
Members, in which case the Vice-President personal benefit and familial advantage.
also becomes the Acting President. Thus, they shall strictly avoid conflict of
Presidential incapacity is said to be interest in the conduct of their office.
terminated when the President or his Cabinet It should be noted that the Vice-President
Members transmit to the Congress that the can be appointed as Member of the Cabinet
inability no longer exists, or in case the and his appointment need not go through the
temporary disability was declared by the Commission on Appointments. This is an
Congress, when both Houses by 2/3 vote, exception to the above prohibition, of which
each voting separately, declare the its purpose is to give due reverence to the
termination of presidential incapacity. second highest office of the land and more
importantly to give him a function other
Inhibitions and Disqualifications than being a mere President Reserve.
3. Prohibition against Appointment of
The Constitution provides many inhibitions
Relatives. Nepotism is prohibited by the
and disqualifications on the President, Vice-
Constitution. Nepotism happens when the
President, Cabinet Members, and their
President, during his tenure, appoints his
deputies and assistants. The subjects of the
spouse and relatives by consanguinity or
inhibitions and disqualifications are: (1)
affinity within the fourth civil degree as
increase in their salaries and emoluments;
Members of the Constitutional
(2) the holding of other offices; (3)
Commissions, or the Office of the
appointment of relatives; and (4) midnight
Ombudsman, or as Secretaries,
appointment.
Undersecretaries, chairmen or heads of
1. Inhibition on Salary. The Congress fixes
bureaus or offices, including government-
by law the salaries of the President and
owned or controlled corporations and their
Vice-President. The salaries cannot be
subsidiaries. Public office is not a property,
decreased during their tenure, but the same
nor can it be shared and passed as a matter
can be increased. The increase takes effect
of right to family members. The Philippines
only after the expiration of the term of the
is not the kingdom of the President; his
President and Vice-President during whose
office is only entrusted to him by the people
term the increase was approved.
who are the sovereign rulers of the country
2. Disqualification on Holding Other
and to whom he must serve with utmost
Offices. They cannot also receive during
responsibility, integrity, loyalty, and
their tenure any other compensation or
efficiency.
allowances from the Government or any
4. Prohibition against Midnight
other source. The reason for this is that they
Appointments. Midnight appointments are
cannot hold any other office or employment,
also prohibited by the Constitution.
unless otherwise provided in the
Midnight appointment refers to presidential
Constitution. Their office, being very
appointment after election but before
important and crucial in the government,
assumption to office of the next President.
demands their full time and attention. The
Section 15, Article VII provides that two
disqualification also prevents them from
months immediately before the next
extending special favors to their own private
presidential elections and up to the end of
business which comes under their official
his term, a President or Acting President
jurisdiction, and assures the public that they
shall not make appointments. This is
will be faithful and dedicated in the
essentially a limitation to the appointing be extended by an outgoing President to
power of the President. The purpose of the executive positions when continued
prohibition is to avoid using the Presidency vacancies therein will prejudice public
for partisan considerations and for vote service or endanger public safety. Regular
buying. It is also rude and unstatesman-like appointment is presidential appointment
for an outgoing President to appoint within made with or without the consent of the
the said period so as to prevent the incoming Commission on Appointments. And Ad
President to exercise his prerogative of interim appointment is appointment made
selecting his own set of officers. during the recess of the Congress, whether
voluntary or compulsory, which is effective
Powers of the President until disapproved by the Commission on
Appointments or until the next adjournment
The President of the Philippines has specific
of the Congress.
powers provided in the Constitution, to wit:
(d) Ad Interim Appointment vs. Regular
(1) appointing power; (2) power of control
Appointment. Ad interim appointment is
and supervision; (3) military power; (4)
different from regular appointment, in that
pardoning power; (5) diplomatic power; (6)
the purpose of the former is to prevent hiatus
residual power; (7) delegated power; and (8)
or lull in government offices, while that of
veto power.
the latter is to simply fill an office in the
1. Power of Appointment.
ordinary course of business; an ad interim
(a) Meaning. Appointment is one mode of
appointee immediately assumes office,
putting a person in office in which an
while a regular appointee does not, since
appointing authority selects a person to
confirmation by the Commission on
discharge the functions of an appointive
Appointments is still required. Moreover, an
office. The power is exercised by the
ad interim appointment is different from
President, although legislative and judicial
temporary appointment. Although the
officials can also appoint their respective
former is subject to the revocation of the
personnel.
Congress (through the Commission on
(b) Types of Appointment. There are four
Appointments), it is not temporary because
types of presidential appointments:
it takes effect immediately and cannot be
(i) Appointment by an Acting President ;
revoked or withdrawn by the President if the
(ii) Temporary appointment ;
ad interim appointee is qualified. In fact, ad
(iii) Regular appointment ; and
interim appointment is permanent and its
(iv) Ad interim appointment.
subsequent disapproval does not change its
(c) Appointments Distinguished from Each
nature. Lastly, an ad interim appointment is
Other. Appointment by an Acting President
different from appointment in acting
may be revoked by the elected President
capacity, in that the former requires
within ninety days from his assumption or
confirmation of the Commission on
reassumption of office. If it were not
Appointments, while the latter does not; the
revoked, the appointment remains effective,
former is permanent, while the latter is
as if it were the President-elect who made
temporary; and the former is made during
the appointment. Temporary appointment is
recess, while the latter in made either during
appointment made prior a presidential
recess or not.
election that is subject to a possible
(e) Appointments Requiring Confirmation.
cancellation or revocation of the President-
Section 16, Article VII provides an
elect. As an exception to midnight
exclusive list of Presidential appointees
appointments, temporary appointments may
whose appointments require the
confirmation of the Commission on
Appointments. These officials are: (1) the
department secretaries, ambassadors, other
public ministers and consuls; (2) officers of
the armed forces from the rank of colonel or
naval captain; (3) other officers whose
appointments are vested in him in the
Constitution; (4) 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; and (5) the heads of departments,
agencies, commissions, boards, those lower
in rank in the President. Members of the
Constitutional Commissions and regular
members of the Judicial and Bar Council are
officers whose appointments are vested in
him in the Constitution. The list is exclusive,
thus, other appointments by the President do
not require consent of the Commission on
Appointments.
The appointees are subject to the control of
the President in line with the doctrine of the
qualified political agency. The President has
the power to change and set-aside their acts.
2. Power of Control and Supervision.
(a) Control. The President has control over
all executive departments, bureaus, and
offices; as chief administrator, he has the
primary duty to ensure that the laws are
faithfully executed. Power of control refers
to the power of the President, being the
Chief Executive, to alter, modify or set aside
the acts of his subordinates and substitute
his judgment for that of the latter. His
subordinates include the Cabinet Members
or heads of the executive departments, heads
of bureaus and offices, and their
subordinates and assistants. The Cabinet
Members are alter egos of the President as
enunciated in the doctrine of qualified
political agency; thus, the President has the
power to alter or set aside their acts.
Moreover, the power of control is connected
to the appointing power of the President.
Just as he can put people to appointive
positions, he can also investigate, discipline,
suspend, and remove them when they
become inefficient or corrupt.
(b) Supervision. The power of control
includes the power of supervision. The
power of supervision refers to the authority
to oversee a subordinate officer and to see to
it that he performs his functions and duties
in accordance with law. It generally includes
the power to investigate. It must be noted
that the power of control is broader than the
power of supervision, since the former
includes the latter. The President has power
of supervision over local government units,
in which he can investigate and see to it that
they perform their duties in accordance to
established laws. He does not, however,
have power of control over them, so that he
cannot change their acts or substitute his
judgment for their judgment.
3. Military Powers.
The President is granted military powers, the
primary purpose of which is to maintain
civilian supremacy over the military. The
power includes: (a) calling-out power; (b)
power to suspend the privilege of the writ of
habeas corpus; and (c) power to declare
martial law.
(a) President as Commander-in-Chief.
Section 18, Article VII states that the
President is the Commander-in-Chief of the
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. As
the highest civilian officer, the President is
also the highest military authority. This is so
because civilian authority should, at all
times, be supreme over the military in the
democratic, republican Philippines. The
military is the single most power institution
equipped by law to use violence and force.
Thus, to prevent military takeover, the
fundamental law makes a civilian the
commander-in-chief of the military.
Although the President lacks military
training, the ideals of democracy dictate that
he should possess the tremendous power of
controlling and directing the military even in
times of war. While he may delegate to, and
ask advice from, military men, the ultimate
authority to direct and call out the armed
forces is with him. Not even the courts can
question him in exercise of this prerogative
of calling the armed forces to prevent or
suppress lawless violence, invasion or
rebellion.
(b) Suspension of the Privilege of Habeas
Corpus. Section 18, Article VII also
expressly gives the President the power to
suspend the privilege of the writ of habeas
corpus. The writ of habeas corpus is a
written order issued by the court directing a
person detaining another to produce
(habeas) the body (corpus) of the latter and
to explain before the court his authority for
detaining the latter. Habeas corpus is a
special proceeding which provides speedy
remedy for the immediate release of an
unlawfully detained person. Thus, a person
who was arrested and detained without a
valid warrant may file a petition for habeas
corpus for his immediate release, after the
judge determines that there is no valid
ground for his detention. Under Section 18,
this privilege of habeas corpus may be
suspended by the President in case of
invasion or rebellion, and when public
safety requires it. The rationale for such
power is to allow the President to
expediently reestablish peace and order by
detaining apparent offenders without the
hindrance or threat of their immediate
release. Note, however, that what is
suspended is the privilege, not the right to
file the petition for habeas corpus. Thus,
even when the President suspends the
privilege, persons unlawfully detained may
still file a petition for habeas corpus. Only
the privilege of immediate release is
suspended.
(c) Martial Law. The power to declare
martial law is likewise expressly granted in
Section 18. Martial law, within the
Constitutional context, means temporary
military rule especially declared not to
replace civilian authority but to help it
recover in case of invasion or rebellion, and
when public safety requires it. Martial law,
unlike a military takeover, does not suspend
the operation of the Constitution and
guarantee for respect of human rights. It is
not permanent; it is declared only for a
limited duration, that is, for not more than
sixty days. In addition, the President must
also report in writing to the Congress within
forty eight hours from proclamation, and the
Congress may conduct special sessions even
without the call of the President. As far as
the courts are concerned, the military courts
do not acquire jurisdiction over cases
involving civilians if civil courts are still
able to function. These constitutional
limitations are intended to uphold
democracy and civilian supremacy in the
Philippines, as well as to prevent the rise of
an abusive military regime that does not
respect due process and takes for granted the
liberties of the sovereign people.
(d) Comparison of the Military Powers. To
compare the military powers of the
President, it must be noted that the power to
declare martial law and the power to
suspend the privilege of the writ of habeas
corpus are the greater powers since it
curtails the freedoms and civil liberties of
the citizens. The calling out power is said to
be lesser or benign power, in that it has no
such effect. Thus, the Constitution limits the
former powers by making them susceptible
to review by the courts, whereas the calling
out power is exercised by the President with
full discretion and wisdom as the
commander-in-chief of armed forces, not
subject to judicial review.
4. Pardoning Power.
The pardoning power of the President refers
to the exercise of executive clemency. It
includes: (a) pardon; (b) commutation; (c)
reprieve; (d) amnesty; and (e) parole.
(a) Pardon is an act of grace which exempts
an individual from serving his sentence or
punishment which the law inflicts for the
crime he committed. It forgives the offender
by not letting him pay for the crime he
committed. For pardon to be given, a person
must first be declared guilty of a crime by
final judgment of the court, and the
President thereafter extends pardon. Instead
of making him serve his sentence, the
President exempts him through his personal
act of grace. What the convict is exempted
from is criminal liability not civil liability.
There are two kinds of pardon: absolute and
conditional. Absolute pardon is one that
absolves the convict from criminal liability
without any conditions whatsoever, while
condition pardon absolves the convict from
criminal liability under the penalty of
recommitment to prison in case any
condition provided is violated.
It must be remembered, however, that
pardon cannot be granted in cases of
impeachment; or in violations of election
laws without favorable recommendation of
the COMELEC; or in cases of legislative
contempt or civil contempt; or can it restore
forfeited public offices.
(b) Commutation refers to reduction or
mitigation of the penalty. For example,
instead of serving ten years of
imprisonment, reduction has the effect of
reducing the penalty to five years, for
instance, at the discretion of the President.
(c) Reprieve refers to the postponement of
sentence or stay of execution. This was
applicable when death penalty was still
effective. For instance, the execution of a
death convict may be postponed by the
President to another date if he extends
reprieve.
(d) Parole is probational release from
imprisonment. It is given to a convict who
has served the minimum sentence of his
penalty and has acted in good behavior
inside the penal institution. Parole does not
fully restore the freedom of the parolee since
he is still in the custody of the law although
not in confinement.
(e) Amnesty is an act of grace by the
President extended to groups of persons who
committed political offenses. It requires the
concurrence of the legislature and puts into
oblivion the offense itself. It is distinguished
from pardon, in that: the former forgives
political offenses (such as treason and
rebellion) deemed expedient for the public
welfare than prosecution of the same, while
the latter forgives crimes against the peace
of the state (such as homicide and murder);
the former is usually given to groups of
offenders, whereas the latter is given to an
individual; the former requires concurrence
of the Congress, while the latter does not;
the former is a public act which the courts
takes judicial notice, whereas the latter is a
private act of the President which must be
pleaded by the person pardoned for the court
to take judicial notice; and the former looks
backward and abolishes the criminal and
civil liability of the offenders, while the
latter looks forward and relieves only the
criminal liability of the offender.
5. Diplomatic Powers.
The President has diplomatic powers
because, as the head of the State, he is the
spokesman of the nation on matters of
external affairs. He may deal with foreign
states and governments, extend or withhold
recognition, maintain diplomatic relations,
enters into treaties, and otherwise transact
with the business of foreign relations, The
Constitution, however, limits this power of
the President, as it expressly states 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. Thus, if the President, for instance,
enters into an international agreement with
the United States of America for the
establishment of civilian rights mutually
benefiting the citizens of both countries,
then on the part of the Philippines, least two-
thirds of all the Members of the Senate must
concur with the said international
agreement.
6. Residual Powers.
The President, as the head of the State, is
given residual powers. Under the
presidential system, the President is not a
mere symbolic head; he is the chief
executive granted with powers, so broad to
include even those not mentioned in the
Constitution. The powers of the President
are not limited to what are expressly
enumerated in the article on Executive
Department and in scattered provisions of
the Constitution. He has unstated powers
called residual powers which are implied
from the grant of executive powers and
necessary for the exercise of his duties under
the Constitution. It is called residual
because it is whatever power which the
legislature or the judiciary does not possess
and which the President could, thus,
legitimately exercise consistent with his
functions. This is not to foster another
dictatorship or an unbridled exercise of
power as was experienced during the
Marcos administration; nor is it a violation
of the Constitutional intent to limit the
specific powers of the President to avoid
another abusive regime (since appropriate
measures are already provided in the new
Constitution). The grant of residual powers,
rather, is just in recognition of the general
grant of executive power to the President.
7. Delegated Powers.
As previously discussed, the Congress can
delegate legislative powers to the President,
among which are emergency powers
(Section 23(2), Article VI) and tariff powers
(Section 28(2), Article VI).
8. Veto Power.
The President exercises veto power in
relation to his role of checking the power of
the Congress. If he thinks that a bill enacted
by Congress should be disapproved, he
exercises his veto power and returns the
same with his objections to the House of
origin. As a general rule, the veto must
pertain to the entire bill, so that he is not
allowed to veto separate items of the bill.
The exception, however, is item veto
allowed in case of appropriation, revenue
and tariff bill. The Constitution expressly
provides that 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.
THE JUDICIARY AND THE JUDICIAL
PROCESS
Judicial Power
1. Meaning in General. In a broad sense,
judicial power refers to the power of the
different courts of justice to interpret and
apply the laws in particular cases.
Interpretation, on the one hand, refers to the
process by which the court discovers the
true meaning of the language used by the
law. Its purpose is to give effect to the intent
or spirit of the law. The application of the
law, on the other, refers the process by
which the court relates the pertinent legal
provisions to the set of facts of a particular
case.
2. Strict Meaning. In a strict sense, the
Constitution provides that 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. The definition includes
two aspects of judicial power: (a) duty to
settle actual controversies; and (b) authority
to determine if there is grave abuse of
discretion.
(a) The first aspect, settlement of actual
controversies, is the traditional meaning of
judicial power. In here, there exists an
actual controversy which, if properly
filed, the court has duty to settle. For an
actual controversy to exist there must be a
legally demandable or enforceable right
which is violated by another who, in turn,
has the correlative duty to respect it. If the
other party asserts an opposite legal claim,
then it becomes susceptible of judicial
adjudication. A right is legally demandable
or enforceable if it is recognized by law and
enforceable before the courts. A right which
has no basis in law cannot be enforced in the
courts and violation of which does not
produce an actual controversy. Thus, while a
woman has a right to demand for financial
support from the father of her son, she does
not have the right to demand for marriage
from a person who impregnated her because
the right has no basis in law; the first can
give rise to an actual controversy, while the
other cannot.
(b) The second aspect, determination of
grave abuse of authority, is the expanded
part of judicial power. It is said to be
expanded because traditionally the courts
cannot question the political acts of the
other departments of the government
(executive and legislative political
departments). The courts can only settle
justiciable questions or questions involving
rights and laws, and not political questions
or questions addressed to the wisdom or
discretion of political departments. But with
the expanded authority, the courts can now
determine if the political departments
gravely abused the exercise of their
discretion amounting to lack or excess of
jurisdiction. Grave abuse of discretion refers
to such capricious and arbitrary exercise of
judgment as is equivalent, to the eyes of the
law, to lack of jurisdiction and for it to be
President and the Congress cannot escape
the authority of the courts in determining
whether or not their political acts are void,
even if they invoke that their political acts
are matters of political question. This is
manifestly in line with the principle of
checks and balances, and consequently, with
the doctrine of separation (in the sense of
collaboration) of powers.
For example, the President is given the so-
called calling out power which is a
discretionary power solely vested in him.
Generally, the courts cannot inquire in this
and substitute it for its own decision since
this is a political question. But if it can be
shown that there is a grave abuse of
discretion on the part of the President, it will
be subject to judicial review. This is now the
effect of the expanded power of the
judiciary.
3. Who Exercises Judicial Power. Section 1,
Article VIII, states that judicial power is
vested in one Supreme Court and in such
lower courts as may be established by law.
This means that the power to interpret and
apply the laws in actual controversies is
given to, first, the Supreme Court, and,
second, to other/lower courts.
4. Supreme Court and Other Lower Courts.
There could only be one Supreme Court, and
its supremacy puts finality to all legal
disputes. The other courts are all lower than
it, thus, they are referred as lower courts.
Lower courts are also called statutory
courts because they are created by the act
of Congress. The only Constitutional court
is the Supreme Court, while statutory courts
include the Court of Appeals, Regional Trial
Court, Metropolitan Trial Court, Municipal
Trial Court, Municipal Circuit Trial Court,
Sandiganbayan, and Court of Tax Appeals,
among others. The Court of Appeals,
Regional Trial Courts, Metropolitan Trial
Court, Municipal Trial Court, and Municipal
Circuit Trial Court are regular courts
created by the Judiciary Reorganization Law
(as amended). Sandiganbayan and the Court
of Tax Appeals are special courts
respectively created by P.D. No. 1606 and
R.A. No. 1125 (as amended). These courts
comprise the judicial department which
exercises judicial power.
Power of Judicial Review
1. Meaning. The courts also have the power
of judicial review or the power to test the
validity or constitutionality of the legislative
and executive acts, such as treaty,
international or executive agreement, law,
presidential decree, proclamation, order,
instruction, ordinance, or regulation. It is an
aspect of judicial power, in that it is
essentially derived from the duty of the
court to settle controversies between
conflicting parties by applying the
appropriate law. The applicable law may be
the Constitution or some appropriate statute;
in case of conflict between the two, the
Constitution must prevail, and the statute
which is not in accordance with it must be
stricken out, or at least some parts of it. The
Constitution is the fundamental law and
therefore all the acts or laws passed by the
government must be in accordance with it.
2. Requisites. The requisites of judicial
review are: (a) there must be an actual
controversy; (b) the question of
constitutionality must be raised by the
proper party; (c) the question is raised at the
earliest opportune time; and (d) the
resolution of the constitutional question is
the main issue.
3. Explanatory Example. Pedro is running
for reelection for his third term as
congressman. However, the Congress passed
a law prohibiting reelection for the third
term. Apparently, the statute is in conflict
with the Constitution which allows
reelection of a congressman for his third
term. He questions the validity of the statute.
Judicial review is proper in this case. There
is an actual controversy between Pedro and
the government. He likewise has a legal
standing because he has a personal and
decision to the case. The question was raised
in the earliest possible time and the
resolution of the constitutional question is
the main issue.
Judicial Independence
The Judicial Department plays an
indispensable role in the government as the
administrator of justice. The government
and consequently the State will not survive
without the judiciary. It preserves the
cohesiveness of the different governmental
organs, always seeing to it that they function
in accordance with the Constitution. And
inasmuch as the Philippines is a government
of laws and not of men, the judiciary
protects the very essence of democracy
being guardian of rights and legal processes.
Thus, in order for the judiciary to function
effectively and impartially, the Constitution
provides safeguards for its independence, to
wit:
(1) The Supreme Court, as a constitutional
body, cannot be abolished by law passed by
the Congress;
(2) Members of the Supreme Court can only
be removed through impeachment;
(3) The Supreme Court cannot be deprived
of its minimum and appellate jurisdiction;
appellate jurisdiction may not be increased
without its advice or concurrence;
(4) The Supreme Court has administrative
supervision over all inferior courts and
personnel;
(5) It has exclusive power to discipline
judges/justices of inferior courts;
(6) Members of the judiciary have security
of tenure;
(7) Members of the judiciary may not be
designated to any agency performing quasi-
judicial or administrative functions;
(8) Salaries of judges may not be reduced;
(9) The judiciary enjoys fiscal autonomy;
(10) The Supreme Court alone can initiate
the Rules of Court;
(11) It alone may order temporary detail of
judges; and
(12) It can appoint all officials and
employees of the judiciary.
Jurisdiction
1. Meaning. Jurisdiction is the power and
authority of the court to hear and decide
cases. Judicial power is exercised by the
various courts within their respective
jurisdictions, so that if judicial power is
exercised without or in excess of
jurisdiction, then the decisions of the courts
are said to be null and void.
2. Role of Congress. The various courts
have their respective jurisdiction. Each
jurisdiction is defined, prescribed, and
apportioned by the Congress, except that of
the Supreme Court whose jurisdiction (as
enumerated in Section 5, Article VIII) is
Constitutionally prescribed so that it cannot
be lessened or taken away by the Congress.
3. Kinds of Jurisdiction. Jurisdiction could
be general or limited, original or
appellate, and exclusive or concurrent.
On the one hand, a court has a general
jurisdiction when it is empowered to hear
and decide all disputes filed before it except
those falling in the jurisdiction of other
courts; on the other hand, a court is said to
have a limited jurisdiction if it can hear and
decide specific cases only. Example of a
court of general jurisdiction is the Regional
Trial Court, and an example of a court of
limited jurisdiction is the Court of Tax
Appeals. Moreover, a court has an original
jurisdiction, on the one hand, if it is
empowered to hear and decide cases filed
for the first time, whereas a court has
appellate jurisdiction, on the other, if it can
review a decision rendered by a lower court.
The Municipal Trial Court, for instance, has
original jurisdiction over forcible entry
cases, while the Regional Trial Court has
appellate jurisdiction to review the decisions
of the Municipal Trial Court. And lastly, a
court has exclusive jurisdiction if it alone
has authority to hear and decide a case filed
before it, while it has concurrent jurisdiction
if other courts can hear and decide a case
which could be filed before it. For example,
a Regional Trial Court acting as Family
Courts has exclusive jurisdiction over family
cases, whereas it (Regional Trial Court) has
current jurisdiction with the Court of
Appeals and Supreme Court over habeas
corpus cases.
Qualifications and Tenure
1. Qualifications of Members of the
Supreme Court. Section 7(1), Article VIII
provides the qualifications of a Member of
the Supreme Court or any lower collegiate
court: (a) he must be a natural-born citizen
of the Philippines; (b) at least forty years of
age; (c) must have been a judge of a lower
court or engaged in the practice of law in the
Philippines for fifteen years or more; and (d)
must be a person of proven competence,
integrity, probity, and independence. The
qualifications of judges in lower courts shall
be prescribed by Congress, but the
qualifications must include Philippine
citizenship and membership in the
Philippine Bar.
2. Tenure. Justices and judges can hold
office until they reach the age of seventy or
become incapacitated to discharge the duties
of their office. They must be in good
behavior during their tenure; otherwise they
(judges) may be disciplined or dismissed by
the Supreme Court (sitting en banc).
Composition of the Supreme Court
1. Composition. The Supreme Court is
composed of fifteen members: a Chief
Justice and fourteen Associate Justices. Any
vacancy must be filled within ninety days
from its occurrence.
2. How Cases are Heard. In hearing cases,
the Supreme Court may either sit en banc or
in division of three, five, or seven Members.
On the one hand, if it sits en banc, majority
of the members who actually took part in the
deliberations of the case must concur or
come up with the same vote, in order to
resolve the case. En banc cases include those
involving constitutionality of a treaty,
international or executive agreement, or law,
those involving the constitutionality,
application, or operation of presidential
decrees, proclamations, orders, instructions,
ordinances, and other regulations. Also, only
the Court sitting en banc can modify or
reverse a doctrine or principle which it itself
laid down. Discipline and dismissal of
judges are likewise decided by the Court
sitting en banc.
On the other hand, if the Court sits in
division, at least three members must take
part in the deliberations and hearings of the
case, and must have the same vote thereon
in order to resolve the case. If the required
number is not obtained, the case shall be
decided en banc. For example, if the Court
sits in division of seven, then at least three
of the members must actually deliberate the
case and have the same stand thereon. If
only two concurred or have the same vote,
then the case will now be decided by the
Court en banc, meaning majority of all the
fifteen Justices must take part in the
deliberations and majority of those who took
part must have the same stand on the case.
Nonetheless, if Court sits in division of
three, all the members must take part in the
deliberations and come up with the same
vote in order to resolve the case. This is
because the at least three members
requirement must also be followed.
3. Prohibitions. It must be noted that the
Members of the Supreme Court and the
lower courts cannot be designated to any
agency performing quasi-judicial or
administrative functions. An agency is said
to perform a quasi-judicial function if it
acts like a court in that it hears and decides
cases even if it is not a court. Administrative
agencies are under the executive branch and
may be delegated quasi-judicial powers in
deciding specific cases which it could
competently and efficiently resolve. Justices
and judges cannot be designated to these
be designated to administrative agencies,
then they are likewise performing executive
function, thus violating the said principle.
Judicial and Bar Council
1. Meaning. The Judicial and Bar Council
(JBC) is a constitutional body under the
supervision of the Supreme Court that has
the principal function of recommending
appointees to the Judiciary. As was
previously discussed, the Justices or
Members of the Supreme Court and judges
of the lower courts are among the officials
who are appointed by the President. For
their appointments to be valid, they must
first be nominated by the JBC. For every
vacant seat in the judiciary, the Council
prepares a list of at least three nominees
from which the President shall select and
appoint. Manifestly, this is form of
constitutional check on the appointing
power of the President which is already
deemed sufficient even without the
confirmation of the Commission on
Appointments. Thus, if there is a vacancy
for judgeship in a court, the JBC must first
provide a list of at least three nominees.
From the list the President shall select whom
he shall appoint.
2. Composition. The JBC is composed of
seven members: (a) the Chief Justice as ex
officio Chairman; (b) the Secretary of
Justice as an ex officio member; (c) a
representative of the Congress as ex officio
member; (d) a representative of the
Integrated Bar; (e) a professor of law; (f) a
retired Member of the Supreme Court; and
(g) a representative of the private sector. The
ex officio members are the Chief Justice,
Secretary of Justice, and representative of
the Congress. The four others are called
regular members. The ex officio members,
on the one hand, are those who by reason of
their office are also members of the Council.
The regular members, on the other, are
appointed by the President for a term of four
years with the consent of the Commission
on Appointments. The Secretary of the
Council, who shall be in-charge with the
records keeping, is the Clerk of the Supreme
Court.
Powers of the Supreme Court
The powers of the Supreme Court are
expressly provided in Section 5, Article
VIII. Its powers are classified into: (1) its
original jurisdiction; (2) its appellate
jurisdiction; (3) power to temporarily assign
judges; (4) power to change venue; (5) rule-
making power; (6) power to appoint court
personnel; and (7) administrative
supervision over lower courts.
1. Original jurisdiction means the authority
to settle cases filed for the first time. Among
the cases which can be filed and settled for
the first time in the Supreme Court are, first,
cases affecting ambassadors, other public
ministers and consuls, and, second, petitions
for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
The first set of cases involves diplomatic
agents, who under international law are
considered representatives of the States
where they are nationals. An ambassador,
being a representative or extension of a
sovereign State, has immunity from suits in
the receiving state. The immunity is based
on the international law doctrine of State
immunity and the equality of sovereign
states. For example, the ambassador of U.S.
cannot be sued for a criminal offense
committed in the Philippines, unless the
immunity or privilege is waived. In here the
Philippines is the receiving State and the
ambassador is a representative of U.S. Note,
however, Filipino ambassadors are not
immune from suits here in the Philippines. A
consul, likewise, although a diplomatic
agent, has no diplomatic immunity.
Nevertheless, all cases involving these
diplomats, ambassadors, public ministers
and consuls, may be heard for the first time
in the Supreme Court.
The second set of cases involves special
civil actions (certiorari, prohibition,
Court provide for their definition and the
manner of their filing.
(a) Certiorari is a special civil action which
is filed by a person who is aggrieved by any
tribunal, board or officer exercising judicial
or quasi-judicial functions that had 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 plain and speedy remedy in the ordinary
course of law. Its purpose is to invalidate a
judgment rendered without or in excess of
authority or jurisdiction.
(b) Prohibition is a special civil action filed
by a person aggrieved in the proceedings of
any tribunal, corporation, board, officer or
person, whether exercising judicial, quasi-
judicial or ministerial functions, which
proceedings 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 plain and speedy
remedy in the ordinary course of law. Its
purpose is to stop a tribunal or person from
further engaging in proceedings done
without or in excess of authority or
jurisdiction.
(c) Mandamus is a special civil action filed
by a person aggrieved by any tribunal,
corporation, board, officer or person, who
unlawfully neglects the performance of an
act which the law specifically enjoins as a
duty resulting from office, trust, or station,
or unlawfully excludes another from the use
and enjoyment of a right or office to which
such other is entitled, there is no plain,
adequate, and speedy remedy in the ordinary
course of law. Its purpose is to compel the
performance of a ministerial duty or duty
mandated by law to be performed under
certain circumstances.
(d) Quo Warranto is a special civil action
instituted by the Philippine Government
against a person, public officer, or
association which usurps, unlawfully holds,
intrudes into an office, position, or
franchise. Its purpose is to recover an office
or position from a usurper or from an
officer, who has forfeited his office, and a
franchise from a false corporation (one
without legal personality).
(e) Habeas corpus is a special proceeding
the purpose of which is to grant speedy
remedy for the release of a person illegally
confined or detained, or for the grant of
rightful custody over a child or person to
someone from whom the custody is withheld
or to whom it rightfully belongs.
2. Appellate jurisdiction refers to the
authority to review decisions of a lower
court. The Supreme Court has appellate
jurisdiction over 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.
The review of cases involves the right to
appeal. As a general rule, the right to appeal
is only statutory, meaning it is the
Congress, by means of a statute, that
determines whether a person can appeal an
adverse decision of a lower court to a higher
court. However, the present provision
dealing with the appellate jurisdiction of the
Supreme Court is not statutory but
constitutional, meaning the Congress cannot
diminish or lessen the Courts jurisdiction
and consequently prevent a person from
appealing thereto. Thus, persons adversely
affected by final judgments and decrees of
lower courts involving the above
enumerated cases may file an appeal or
It could be gleaned also from the present
provision that the power of judicial review is
exercised also by lower courts. The
constitutionality or validity of laws and
decrees may be passed upon by the lower
courts whose decisions may be subjected to
review by the Supreme Court upon filing of
the proper party.
Important to note also that only cases
involving error or question of law are
appealable to the Supreme Court, except
some cases. If it involves questions of fact
or a mixture of fact and law, the case cannot
be elevated to Supreme Court. On the one
hand, a case involves a question of fact if it
requires the determination of the truth or
falsity of a fact in dispute as alleged in the
pleadings of the parties. For example, if the
issue of the case is whether or not the
document is genuine, then it involves a
question of fact. On the other hand, a case
involves a question of law if it does not
involve the determination of the truth or
falsity of a fact but only a question of
validity or applicability of a law. An
example is a case involving the
constitutionality of a statute. Under the Rule
of Court, the mode of appeal to the Supreme
Court appropriate in cases involving purely
question of law is certiorari under Rule 45.
3. Temporary Assignment of Judges. The
Supreme Court also has the power to 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. This power reinforces the
independence of the Supreme Court from
the Executive Department as well as
balances the powers of the government.
Even if he is the appointing authority, the
President has no power to temporarily assign
or transfer at his pleasure judges to other
courts. Under the law and the present rules,
only the Supreme Court has the power to do
so and under the conditions that the
temporary assignment results to a better
administration of justice, faster disposition
of cases, and impartial decision making.
4. Change of Venue. The Court is
empowered to order a change of venue or
place of trial to avoid a miscarriage of
justice. Venue refers to the place where the
trial is conducted. The Rules of Court
provide the rules on venue, which are clearly
intended for the speedy, impartial, and
convenient disposition of cases. If instead of
being convenient, venue causes miscarriage
of justice, the Supreme Court has the power
to change the venue. Even if venue is
jurisdictional in criminal cases, the Supreme
Court still has the power to change the same.
For example, venue maybe changed by the
Supreme Court to allow a witness to give an
objective testimony without fear of
retaliation from the adverse party. The venue
may also be changed when there is danger to
the life of the accused.
5. Rule-Making Power. The Court has the
power to promulgate rules concerning:
(a) The protection and enforcement of
constitutional rights;
(b) Pleading, practice, and procedure in all
courts;
(c) The admission to the practice of law;
(d) The Integrated Bar of the Philippines;
and
(e) 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.
This power of the Supreme Court is the
basis for making the Rules of Court.
6. Power to Appoint Its Own Personnel. The
Court has the power to appoint all officials
and employees of the Judiciary in
accordance with the Civil Service Law.
power to appoint officials and employees of
the Judicial Department. However, the
appointment must be in accordance with the
Civil Service Law.
7. Administrative Supervision. Section 6,
Article VIII states that the Supreme Court
has administrative supervision over all
courts and its personnel. This is one of the
constitutional safeguards for the
independence of the judiciary. During the
effectivity of the 1935 Constitution, the
Department of Justice had administrative
supervision over the lower courts which
compromised the independence of the courts
as their decisions were often swayed by the
executive department. But with the transfer
of supervision to the Supreme Court, courts
are empowered and freed from the political
pressures of the executive branch.
Decisions of the Supreme Court
1. Consultation. The Supreme Court is a
collegiate court, in that it is composed of
many members and its decisions are reached
through consultation or thorough
deliberation of its members. Consultation is
necessary before the case is assigned to a
member for the writing of the opinion of the
Court. Justices of the Court must discuss
with each other and vote on the settlement of
the case before a certification is given
assigning the writing of the opinion to a
member. For members who did not
participate, abstained, or dissented from a
decision or resolution, they must explain and
state their reason for it. The same
requirements must also be observed by
lower collegiate courts.
2. Constitutional Requirement. In rendering
a decision, the Court must express clearly
and distinctly the facts and the law on which
the decision is based. The purpose of this
constitutional requirement is to inform the
parties, most especially the adversely
affected party, the reasons why the judgment
is rendered as such. The Court must,
therefore, state the factual and legal basis of
its decision. In the same way, resolutions
refusing a petition for review or denying a
motion for reconsideration of a court
decision must state the legal basis for it.
3. Period for Rendering Judgments. After the
trial and parties already submitted the case
for decision, the court is duty bound to
render the decision within a certain period of
time. A case or matter is 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. From date of submission, the
Supreme Court must decide the case or
resolve any matter within twenty-four
months, and lower courts must decide and
resolve within twelve months, unless
reduced by the Supreme Court. If the court
fails to render a decision within the
applicable mandatory period, it must still
decide or resolve the case or matter without
further delay and without prejudice to such
responsibility incurred because of the delay.
THE CONSTITUTIONAL
COMMISSIONS
Independence of the Commissions
The three Constitutional Commissions are
the Civil Service Commission, Commission
on Elections, and Commission on Audit.
They are independent bodies not under the
jurisdiction of any department in the
government. To ensure their independence,
the Constitution provides for the following
safeguards:
(1) They are created by the Constitution and
cannot therefore be abolished by a statute
passed by Congress;
(2) Each has powers and functions which
cannot be diminished by statute;
(3) The Constitution expressly describes
them as independent;
(4) The Chairmen and members of the
Commissions have a fairly long term of
seven years;
(5) The Chairmen and members can only be
removed through impeachment;
(6) The Chairmen and members cannot be
reappointment or appointed in an acting
capacity;
(7) Salaries of Chairmen and members
cannot be decreased;
(8) The Commissions enjoy fiscal
autonomy;
(9) Each Commission can promulgate its
own rules;
(10) Disqualifications are provided to
strengthen the integrity of the Commissions;
and
(11) The Commissions may appoint their
own officials and personnel in accordance
with the Civil Service Law.
Powers and Functions of Each Commission
1. The Civil Service Commission is the
central personnel agency of the Government.
As such, it has the following powers and
functions:
(a) Establish a career service and adopt
measures to promote morale, efficiency,
integrity, responsiveness, progressiveness,
and courtesy in the civil service;
(b) Strengthen the merit and rewards system,
integrate all human resources development
programs for all levels and ranks; and
(c) Institutionalize a management climate
conducive to public accountability.
2. The Commission on Elections is a
constitutional creature which safeguards the
core of republicanism and democracy by
being an effective instrument for ensuring
the secrecy and sanctity of ballots being the
expression of the will of the people. It shall
exercise the following powers and functions:
(a) Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall.
(b) Decide, except those involving the right
to vote, all questions affecting elections,
including determination of the number and
location of polling places, appointment of
election officials and inspectors, and
registration of voters.
(c) Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government,
including the Armed Forces of the
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and
credible elections.
(d) Register, after sufficient publication,
political parties, organizations, or coalitions
which, in addition to other requirements,
must present their platform or program of
government; and accredit citizens arms of
the Commission on Elections.
(e) File, upon a verified complaint, or on its
own initiative, petitions in court for
inclusion or exclusion of voters; investigate
and, where appropriate, prosecute cases of
violations of election laws, including acts or
omissions constituting election frauds,
offenses, and malpractices.
(f) Recommend to the Congress effective
measures to minimize election spending,
including limitation of places where
propaganda materials shall be posted, and to
prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance
candidacies.
(g) Recommend to the President the removal
of any officer or employee it has deputized,
or the imposition of any other disciplinary
action, for violation or disregard of, or
disobedience to, its directive, order, or
decision.
(h) Submit to the President and the
Congress, a comprehensive report on the
conduct of each election, plebiscite,
initiative, referendum, or recall.
3. The Commission on Audit is the
watchdog of the financial operations of the
government. It sees to it that government
funds are well accounted for and that they
are spent in accordance with the
appropriations law. As such it has the
following powers and functions:
and expenditures or uses of funds and
property, owned or held in trust by, or
pertaining to, the Government;
(b) Keep the general accounts of the
Government and preserve the vouchers and
other supporting papers pertaining thereto;
(c) Define the scope of its audit and
examination, establish the techniques and
methods required therefor; and
(d) Promulgate accounting and auditing
rules and regulations, including those for the
prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of
government funds and properties.
Jurisdiction of the Commissions
1. The Civil Service Commission has
jurisdiction over all branches, subdivisions,
instrumentalities, and agencies of the
Government, including government-owned
or controlled corporations with original
charters as far as civil service is concerned.
Civil service refers to that part of public
service composed of professional men and
women working for the government as their
lifetime career basically governed by the so-
called merit system.
2. The Commission on Elections has
exclusive original jurisdiction over all
contests relating to the elections, returns,
and qualifications of all elective regional,
provincial, and city officials. It has appellate
jurisdiction over all contests involving
elective municipal officials decided by trial
courts of general jurisdiction, or involving
elective barangay officials decided by trial
courts of limited jurisdiction.
3. The Commission on Audit has auditing
authority over the Government, or any of its
subdivisions, agencies, or instrumentalities,
including government-owned or controlled
corporations with original charters. It also
has post auditing authority over (a)
constitutional bodies, commissions and
offices that have been granted fiscal
autonomy under this Constitution; (b)
autonomous state colleges and universities;
(c) other government-owned or controlled
corporations and their subsidiaries; and (d)
such non-governmental entities receiving
subsidy or equity, directly or indirectly, from
or through the Government.
Review of Final Orders, Resolutions, and
Decisions
1. Final orders, resolutions, and decision of
the CSC may be appealed to the Court of
Appeals under rule 43 of the Rules of Court.
2. Final orders, resolutions, and decision of
the COMELEC may be reviewed by way of
petition for certiorari to the Supreme Court
under Rule 65 in relation to Rule 64 of the
Rules of Court.
3. Final orders, resolutions, and decision of
the COA may be reviewed by way of
petition for certiorari to the Supreme Court
under Rule 65 in relation to Rule 64 of the
Rules of Court.
Guide Questions:
1. Explain the structure of the government
using the doctrine of separation of powers.
2. Briefly compare the powers of the
branches of the government. Then explain
how they are related with each other.
3. What is meant by a bicameral legislature?
Give at least three advantages of
bicameralism.
4. If there are 200 District Representatives,
how many Party-List Representatives are
required to complete the Members of the
House of Representatives?
5. If there are 215 Members of the House of
Representatives, and 15 are abroad, what
would constitute the quorum?
6. A Bill of Local Application was submitted
by Senator Wade to the Senate Secretary. It
has passed three readings in the Senate and
then in the Congress. Thereafter, it was
presented to the President for approval, but
the same was disapproved. The President
vehemently objected to the validity of the
entire process.
Is the President correct?
7. What are congressional disqualifications?
Give examples.
8. Concisely discuss the steps of how a bill
becomes a law
9. Enumerate at least five powers of the
President and briefly discuss each power.
1o. When the president dies, is permanently
disabled, is impeached, or resigns, the Vice-
President becomes President for the
unexpired term. However, if both the
President and Vice-President die, become
permanently disabled, are impeached, or
resigned, the Senate President shall act as
President until the President or VP shall
have been elected and qualified.
If the Senate President becomes disabled,
who will succeed?
11. Juan Dela Cruz was nominated by
President Pedro Santos to the rank of naval
captain in the Armed Forces of the
Philippines. His nomination has been
confirmed by the Commission on
Appointments, and his appointment (by
President Siuagan) followed thereafter. Juan
Dela Cruz have accepted the nomination
with great pride and honor. The President
reconsidered his appointment after
discovering that Mr. Dela Cruz has a
criminal record. The President withdrew his
appointment. Is this allowed?
12. President Juan Masipag filed an
application for appropriation, and in
pursuance thereof money was paid out of the
National Treasury. It must be noted that the
appropriation is for a public purpose, and it
is not for any specific sect, church,
denomination.
Is there something wrong with the
presidential appropriation?
13. Discuss briefly the hierarchy of courts in
the Philippine Judiciary.
14. What is judicial review?
15. Concisely compare and distinguish the
powers and functions of the three
Constitutional Commissions.