Philippine Gov't and Consti

7/31/2019 Philippine Gov't and Consti

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I. Number/ ComponentsEXECUTIVE LEGISLATIVE JUDICIARY

President (1) Senators (24) Supreme Court (15)

-Chief Justice (1)

- Associate Justices (14)Vice-President (1) House of Representatives (250)

- District Representatives- Party-list

Representatives

- Sectoral Representatives

Regular Courts

- Court of Appeals (69Justices)

- Regional Trial Courts(720 Regional Trial

Judges)

- Metropolitan TrialCourts

- Municipal Trial Courts-

Municipal Circuit TrialCourt

Special Courts

- Sandigang Bayan (14Justices and 1 presiding

Justice)

- Court of Tax Appeals (5justices and 1 presiding

Justice)

Cabinet Members

(34 membersP. NoysAdministration)

- Executive Secretary- Secretary of Agrarian

Reform

- Secretary of Agriculture- Secretary of Budget andManagement

- Secretary of Education- Secretary of Energy- Secretary of

Environment & Natural

Resources

- Secretary of Finance- Secretary of Foreign

Affairs

- Secretary of Health- Secretary of Interior andLocal Government- Secretary of Justice- Secretary of Labor and

Employment

- Secretary of NationalDefense

- Secretary of PresidentialCommunications

Development and

Strategic Planning

- Secretary of PresidentialCommunicationsOperations Office

- Secretary of PublicWorks & Highways

- Secretary of Science &Technology

- Secretary of SocialWelfare & Development

- Secretary of Tourism- Secretary of Trade &

Industry

- Secretary ofTransportation andCommunications

- Chairman of theCommission on Higher

Education (CHED)

- Chairman of the Housingand Urban Development

Coordinating Council
http://www.dar.gov.ph/http://www.dar.gov.ph/http://www.dar.gov.ph/http://www.dar.gov.ph/http://www.da.gov.ph/http://www.dbm.gov.ph/http://www.dbm.gov.ph/http://www.dbm.gov.ph/http://www.dbm.gov.ph/http://www.deped.gov.ph/http://www.doe.gov.ph/http://www.denr.gov.ph/http://www.denr.gov.ph/http://www.denr.gov.ph/http://www.denr.gov.ph/http://www.denr.gov.ph/http://www.dof.gov.ph/http://www.dfa.gov.ph/http://www.dfa.gov.ph/http://www.dfa.gov.ph/http://www.dfa.gov.ph/http://www.doh.gov.ph/http://www.dilg.gov.ph/http://www.dilg.gov.ph/http://www.dilg.gov.ph/http://www.dilg.gov.ph/http://www.doj.gov.ph/http://www.dole.gov.ph/http://www.dole.gov.ph/http://www.dole.gov.ph/http://www.dole.gov.ph/http://www.dnd.gov.ph/http://www.dnd.gov.ph/http://www.dnd.gov.ph/http://www.dnd.gov.ph/http://www.ops.gov.ph/http://www.ops.gov.ph/http://www.ops.gov.ph/http://www.ops.gov.ph/http://www.ops.gov.ph/http://www.dpwh.gov.ph/http://www.dpwh.gov.ph/http://www.dpwh.gov.ph/http://www.dpwh.gov.ph/http://www.dost.gov.ph/http://www.dost.gov.ph/http://www.dost.gov.ph/http://www.dost.gov.ph/http://www.dswd.gov.ph/http://www.dswd.gov.ph/http://www.dswd.gov.ph/http://www.dswd.gov.ph/http://www.tourism.gov.ph/http://www.dti.gov.ph/http://www.dti.gov.ph/http://www.dti.gov.ph/http://www.dti.gov.ph/http://www.dotc.gov.ph/http://www.dotc.gov.ph/http://www.dotc.gov.ph/http://www.dotc.gov.ph/http://www.dotc.gov.ph/http://www.ched.gov.ph/http://www.ched.gov.ph/http://www.ched.gov.ph/http://www.ched.gov.ph/http://www.ched.gov.ph/http://www.ched.gov.ph/http://www.ched.gov.ph/http://www.ched.gov.ph/http://www.dotc.gov.ph/http://www.dotc.gov.ph/http://www.dotc.gov.ph/http://www.dti.gov.ph/http://www.dti.gov.ph/http://www.tourism.gov.ph/http://www.dswd.gov.ph/http://www.dswd.gov.ph/http://www.dost.gov.ph/http://www.dost.gov.ph/http://www.dpwh.gov.ph/http://www.dpwh.gov.ph/http://www.ops.gov.ph/http://www.ops.gov.ph/http://www.ops.gov.ph/http://www.dnd.gov.ph/http://www.dnd.gov.ph/http://www.dole.gov.ph/http://www.dole.gov.ph/http://www.doj.gov.ph/http://www.dilg.gov.ph/http://www.dilg.gov.ph/http://www.doh.gov.ph/http://www.dfa.gov.ph/http://www.dfa.gov.ph/http://www.dof.gov.ph/http://www.denr.gov.ph/http://www.denr.gov.ph/http://www.denr.gov.ph/http://www.doe.gov.ph/http://www.deped.gov.ph/http://www.dbm.gov.ph/http://www.dbm.gov.ph/http://www.da.gov.ph/http://www.dar.gov.ph/http://www.dar.gov.ph/


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- Director General of theNational Economic and

Development Authority

- National SecurityAdviser

- Presidential Adviser onPeace Process

- Head of the PresidentialManagement Staff

- PresidentialSpokesperson

- Chairman of theCommission on

Information and

Communications

Technology

- Chairman of the MetroManila Development

Authority- Chief Presidential Legal

Counsel

- Presidential LegislativeLiaison Office (PLLO)

- National Anti-PovertyCommission (NAPC)

II. QualificationsA. Executive Department1. President

- A natural born citizen- A registered voter- Able to read and write- At least forty years of age on the day of the election- And a resident of the Philippines for at least ten years immediately preceding

such election

2. Vice-President- Similar qualifications to the President

3. Cabinet Members- Appointments are subject to confirmation by the Commission on

Appointments.

B. Legislative Department1. Senate

- A natural born citizen- At least 35 years of age-

Able to read and write- A registered voter- And lastly a resident of the Philippines for not less than two years

immediately preceding the day of the election

*The qualifications of a Senator may be neither be added to nor subtracted from by the

Congress

2. House of Representatives
http://www.neda.gov.ph/http://www.neda.gov.ph/http://www.neda.gov.ph/http://www.neda.gov.ph/http://www.neda.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.mmda.gov.ph/http://www.mmda.gov.ph/http://www.mmda.gov.ph/http://www.mmda.gov.ph/http://www.mmda.gov.ph/http://www.mmda.gov.ph/http://www.mmda.gov.ph/http://www.mmda.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.cict.gov.ph/http://www.neda.gov.ph/http://www.neda.gov.ph/http://www.neda.gov.ph/


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- Natural-born citizens- At least twenty-five years of age- Able to read and write- A registered voter in the distinct in which he shall be elected and- A resident thereof for a period of not less than one year immediately

preceding the day of the election

C. Judicial Department1. Members of the Supreme Court

- Must be a natural-born citizen of the Philippines- At least forty years of age- Must have been for fifteen years or more a judge of a lower court or engaged

in the practice of law in the Philippines

- Must be a person of proven competence, integrity, probity and independence2. Members of a Lower Court

- A natural-born citizen of the Philippines- A member of the Philippine Bar- Possessing the other qualifications prescribed by Congress- Must be a person of proven competence, integrity, probity and independence*Judges of Lower Courts Qualifications

- Citizens of the Philippines- Members of the Philippine Bar- Possessing the other qualifications prescribed by Congress- Persons of proven competence, integrity, probity and independence

III. Term of OfficeA. Executive Department

1. President- Six years; no reelection; and no person who has succeeded as President and

has served as such for more than four years shall be qualified for election to

the same office at any time.2. Vice-President

- 6 years; no Vice-President shall serve for more than two successive terms.3. Cabinet Members

- Same with the Presidents term limit. May also shorten if get terminated.B. Legislative Department

1. Senate- The term of office of the Senators shall be six years and shall commence,

unless otherwise provided by law, at noon on the thirtieth day of June nextfollowing their election. No Senator shall serve for more than two consecutive

terms. Voluntary renunciation of the office for any length of time shall not be

considered as an interruption in the continuity of his service for the full term

of which he was elected.

2. House of Representatives


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- The Members of the House of Representatives shall be elected for a term ofthree years which shall begin, unless otherwise provided by law, at noon on

the thirtieth day of June next following their election. No Member of the

House of Representatives shall serve for more than three consecutive terms.

Voluntary renunciation of the office for any length of time shall not beconsidered as an interruption in the continuity of his service for the full term

for which he was elected.

C. Judicial Department1. Supreme Court

- Justices of the Supreme Court are obliged to retire upon reaching the age ofseventy (70), otherwise there is no term limit for the position.

2. Lower Courts- Lower court judges have a term of 10 years with no restriction on re-

appointment

IV. SalaryA. Executive Department

- The salaries of the President and Vice-President shall be determined by law andshall not be decreased during their tenure. No increase in said compensation shall

take effect until after the expiration of the term of the incumbent during which

such increase was approved. They shall not receive during their tenure any other

emolument from the Government or any other source.

*President Noynoy Aquino is receiving 95,000 pesos/month. This amount is 65%

more than his predecessor, former president Gloria Macapagal Arroyo, received when

she was still in power which is 57,750 pesos/month. This salary increase is brought

about by Executive Order No. 900, signed by Arroyo just days before her term ended,

which implements an increase in the basic pay in all government salary grades. The

Presidents salary is equivalent to Salary Grade 33 (SG 33), the salary grade for the

highest position in the Philippine government.

B. Legislative Department- The salaries of Senators and Members of the House of Representatives shall be

determined by law. No increase in said compensation shall take effect until after

the expiration of the full term of all the Members of the Senate and the House of

Representatives approving such increase.

C. Judicial Department- The salary of the Chief Justice and of the Associate Justices of the

Supreme Court, and of judges of lower courts shall be fixed by law.

During their continuance in office, their salary shall not be decreased.


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V. PowersA. Executive Department

1. PresidentExecutive power is being defined as the power to administer the laws, which

means carrying them into practical operation and enforcing their due observance.

- Executive power- Power of Appointment and Removal- Power of Control over the executive departments, bureaus and offices- Military powers- Pardoning powers- Borrowing powers- Diplomatic powers- Budgetary powers- Informing powers- Other powers

Call congress to a special session Power to remove or veto bills To consent to deputation of the government personnel by the

COMELEC

To discipline from congress, Emergency powers and Tariff powers General supervision over local governments and autonomous

regional governments.

- Residual powers2. Vice-President

- The Vice President isn't assigned any powers by the Constitution; his/herduties are given by request from the President.

If the President-elect fails to qualify, the Vice President-elect shallact as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice President-electshall act as President until a President shall have been chosen and

qualified.

If at the beginning of the term of the President, the President-electshall have died or shall have become permanently disabled, theVice President-elect shall become President.

3. Cabinet Members- Appointed heads of all the executive departments, by the authority vested with

the power to exercise the functions of a given office. The President shall still

have a control on them to ensure that the laws are faithfully executed.

B. Legislative DepartmentLegislative Power is the power to propose, enact, amend and repeal laws. It is vested

in the Congress, except to the extent reserved to the people by the provision on initiative

and referendum.

Congress: Senate (Upper house) and House of Representatives (Lower house)

- Legislative power- When part of the Electoral Tribunal, they will serve as the sole judge of all

contests relating to the election.


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- When part of the Commission on Appointments, they shall act as a legislativecheck on the appointing authority of the President.

C. Judicial DepartmentJudicial 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.1. Supreme Court

- Exercise original jurisdiction over cases affecting ambassadors, other publicministers and consuls, and over petitions for certiorari, prohibitions,

mandamus, quo warranto, and habeas corpus.

- Review, revise, reverse, modify, or affirm on appeal or certiorari as the law orthe Rules of Court may provide, final judgments and orders of lower courts in:

o 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.

o All cases involving the legality of any tax, impost, assessment, ortoll, or any penalty imposed in relation thereto.

o All cases in which the jurisdiction of any lower court is in issue.o All criminal cases in which the penalty imposed is reclusion

perpetua or higher.

o All cases in which only an error or question of law is involved- 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.

- Order a change of venue or place of trial to avoid a miscarriage of justice.- Promulgate rules concerning the protection and enforcement of constitutional

rights, pleading, practice, and procedure in all courts, the admission to the

practice of law, the Integrated Bar, and legal assistance to the underprivileged.

Such rule 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.

- Appoint all officials and employees of the judiciary in accordance with theCivil Service Law.

2. Lower Courts- As stated, judicial power is also vested in it as may be established by the law.

VI.

ProhibitionsA. Executive DepartmentThe prohibitions imposed against the President, Vice-President, members of the

Cabinet and their deputies and assistants are:

- They shall not hold any other office or employment during their tenure, unlessotherwise provided in the Constitution.


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- They shall not, during their tenure, directly, or indirectly, practice any otherprofession, participate in any business, or be financially interested in any contract

with, or any franchise or special privilege granted by the government, or any

subdivision, agency or instrumentality thereof, including government-owned or

controlled corporations or their subsidiaries.

- They shall strictly avoid conflict of interest in the conduct of their office.B. Legislative Department

- To avoid conflicts of interest and undue influence, Senators and Members of theHouse of Representatives are prohibited from appearing as counsel before any

court of Justice, Electoral Tribunal, or quasi-judicial or any other administrative

bodies, and they may not intervene in any matter before any office of the

Government. They are also prohibited from having any financial interest in any

contract, franchise or special privilege granted by the Government, including

government-owned and controlled corporations and their subsidiaries, and theymay not hold any other incompatible offices in the government, including

government-owned and controlled corporations and their subsidiaries, during their

terms of office.

C. Judicial Department- Prohibition against designation to quasi-judicial and administrative office- No rendering decision by any court without stating clear and distinct facts

VII. Read articles VI to VIII. For Each provision, choose three sections thatyou like to amend. Discuss briefly but concisely.

1. Article 6, Section 17The Senate and the House of Representatives shall each have an Electoral Tribunal which shall

be the sole judge of all contests relating to the election, returns, and qualifications of their

respective Members. Each Electoral Tribunal shall be composed of nine Members, three of

whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and theremaining six shall be Members of the Senate or the House of Representatives, as the case may

be, who shall be chosen on the basis of proportional representation from the political parties and

the parties or organizations registered under the party-list system represented therein. The

senior Justice in the Electoral Tribunal shall be its Chairman.

Explanation:

Electoral Tribunal is an independent constitutional body notwithstanding and composed

wholly of appointive members from the Justices of the Supreme Court and Congress. It was

created in order to have people who will act as a judge of election contests that affects elected

members of no less than the legislative organ of the State. By its composition of a mixed

membership, it is considered as an independent body of sufficient stature invested with a

measure of judicial temper and free from the control of political parties that insure a fair and

impartial determination of election contests.


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2. Article VII, Section 17The President shall have control of all the executive departments, bureaus, and offices. He

shall ensure that the laws be faithfully executed.

Explanation:

The President has control over all department secretaries and can overrule their decisions.

The department secretaries are his alter egos. The power of control includes the power of the

President to remove, to suspend, or to cause investigation of any issue brought to his attention.

But the Presidents acts of control must yield to other constitutional provision that members of

the Civil Service may not be removed without cause. By virtue of the alter ego principle, the

President may exercise power conferred by law upon cabinet members of other subordinate

executive officers. The executive secretary may exercise to some degree the power of control

over the other cabinet members, heads of government offices or bureaus.

3. Article VIII, Section 13The conclusions of the Supreme Court in any case submitted to it for decision en banc or in

division shall be reached in consultation before the case is assigned to a Member for the

writing of the opinion of the Court. A certification to this effect signed by the Chief Justice

shall be issued and a copy thereof attached to the record of the case and served upon the

parties. Any Members who took no part, or dissented, or abstained from a decision or

resolution, must state the reason therefor. The same requirements shall be observed by all

lower collegiate courts.

Explanation:

The essence of the certifications required in this section is to guarantee the

implementation of the constitutional requirement that decisions of the Supreme Court and

lower collegiate courts are attained after consultation with the members of the Court sitting

en banc or in division, before the case is assigned to a member thereof for decision-writing.

However, the absence of the certification would not necessarily mean that the case submitted

for decision had not been reached in consultation before being assigned to one member for

the writing of the opinion of the Court since the regular performance of duty is supposed.

The lack of certification requirement at the end of the decision would only provide evidence

of failure to examine certification requirement, and may be a foundation for holding the

official responsible for the exclusion to account therefore. Such absence of certification

would not have the effect of nullifying the verdict.

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Philippine Gov't and Consti