Handouts in Philippine Government and Constitution

NAME: __________________________________

Term Term of Of fi ce: ce:  TERM OF OFFICE refers to the period

FINAL NOTES/HANDOUT in PHIL. GOVT. AND CONSTITUTION Sherr herr y Lyn F . Lamse Lamsen-Or jalo

CONSTITUTION OF GOVERNMENT  Our

government is a tripartite system of government composed of three great branches: Legislative, Executive, and Judicial Department (Judiciary)

ART. ART. VI: LEGI SLATI VE DEPARTMENT DEPARTMENT

Sections 1 to 7:  The legislative department is more popularly known as the CONGRESS. It is the department granted by our Constitution the exercise of legislative power.  LEGISLATIVE POWER is the authority to make, alter and repeal laws.  Hence, the law-making body of the Philippine Government is vested in Congress.  LAWS refer to the rules and regulations enacted by the legislature to guide our actions in society, to govern our relations with our fellow Filipinos and our relation with our government. OF LEGISLATIVE  CLASSIFICATION POWER:  CONSTITUENT – power to amend and revise the Constitution ORDINARY – power power to pass ordinary laws  ORDINARY –  The Congress of the Philippines is a bicameral body. It consists of two houses/bodies: 1. SENATE – the upper Chamber of the Congress. Composition: The Senate consists of 24 Senators elected at large by qualified voters, which means that they are national elected officials. Qualifications:

i. Natural-born Filipino citizen ii. At least 35 years of age on the day of the election iii. Able to read and write iv. A registered voter v. A resident of the Philippines for not less than two years immediately preceding the day of election

fixed by law/constitution during which a member of Congress or an elective official will hold office.  TENURE OF OFFICE speaks of the actual number of years during which the official holds the office.  The term of office of senators is 6 years which shall begin unless otherwise th provided by law at noon n oon on the 30 day of June after their election.  No senator can serve for more than 2 consecutive term of office. (12 years). Voluntary renunciation of office for any length of time (i.e. resignation) shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. 2. HOUSE OF REPRESENTATIVES – consists of men and women who are elected representatives of the Filipino people. Composition: TWO KINDS OF REPRESENTATIVES: i. DISTRICT REPRESENTATIVES – elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area. They constitute the majority members of the House of Representatives. ii. PARTY-LIST REPRESENTATIVES – elected through the party-list system of registered national, regional, and sectoral parties or organization. They shall constitute 20% of the total number of representatives. Qualifications:  Di str i ct Repr Repre esentati nt ati ves ves

i. Natural-born Filipino citizen ii. At least 25 years of age on the day of the election iii. Able to read and write iv. A resident of the district in which he shall be elected for a period of not less than 1 year immediately preceding the election v. A registered voter in the district in which he shall be elected

Philippine Government and Constitution. Lingayen Technological Institute. © Sherry Lyn F. Lamsen-Orjalo

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Part y-li st Representati ves

i. Natural-born Filipino citizen ii. At least 25 years of age on the day of election iii. Able to read and write iv. A resident anywhere in the Philippines v. A registered voter anywhere in the Philippines Term of Off ice:  The term of office of congressmen is 3

years which shall begin unless otherwise th provided by law at noon on the 30 day of June after their election.  No representative can serve for more than 3 consecutive term of office. (9 years). Voluntary renunciation of office for any length of time (i.e. resignation) shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.  Sec. 5. (3) and (4): APPORTIONMENT OF LEGISLATIVE DISTRICTS is dividing provinces, cities and the Metropolitan Manila into legislative districts.  RULES IN REAPPORTIONMENT:  Legislative districts shall be apportioned among the provinces, cities and the Metropolitan Manila area in accordance with the number of their respective inhabitants, on the basis of a uniform and progressive ratio. Uniform ratio means that each  district must be equal in population, or as equal as possible. Progressive ratio means that the  increase in population in relation to the size of the House of Representatives must be considered.  Each city/municipality with a population of not less than 250,000 shall be entitled to at least one representative and each province, irrespective of population is entitled to one representative.  Each legislative district shall comprise, as far as practicable, contiguous (immediate; connected without break), compact (closely united or packed together), and adjacent (immediately adjoining without intermediate

space) territory. This is intended to prevent gerrymandering , which means creating legislative district out of separate territories for the purpose of obtaining partisan advantage. The word gerrymandering came from the name of Governor Elbridge Gerry of Massachusetts and the salamander shaped district that was created to favor his party in the election.  Sec. 11: The members of Congress are accorded under the Constitution two parliamentary immunities of privileges: 1. Privilege from Arrest applies while Congress is in session in all offenses punishable by not more than 6 years imprisonment. This includes both civil and criminal offenses, provided it is not punishable by imprisonment of six years or a member of Congress can only invoke the immunity from arrest for relatively minor offenses. 2. Privilege of Speech and Debate applies for any speech or debate in Congress or in any of its committee. This privilege means that members of Congress cannot be sued or prosecuted for anything they say or write in connection with their legislative duties.  WHAT ARE THE ACTIVITIES A MEMBER OF CONGRESS IS PROHIBITED OF?  Sec. 13: Holding any other office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government owned and controlled corporations (GOCCs) or their subsidiaries, during his term without forfeiting his seat in, or what is known as incompatible office.  Being appointed to any office, which may have been created, or the emoluments thereof increased during the term for which he was elected, or blown as forbidden office.  Sec. 14: Personally appearing as counsel before any court of justice or before the electoral tribunals, or quasi-judicial and other administrative bodies.  Being financially interested, directly or indirectly in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or


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instrumentality thereof, including GOCCs, or its subsidiary during their term of office.  Intervening in any matter before any office of the Government for their pecuniary benefit or where they may be called upon to act on account of their office. 16: ORGANIZATION OF THE  Sec. CONGRESS: A. Off icers of the Congress:

The Senate shall elect its President and the House of Representatives its Speaker . The Senate President is the presiding officer of the Senate elected by majority votes of all its members. He holds office at the pleasure of his members and may be replaced at any time. In the political hierarchical order of leadership, the Senate President is the third highest official of the government. The Speaker of the House, who presides over the House, is elected by majority votes of all members of the House, but in practice is chosen by the majority party. As the presiding officer of the House, the Speaker decides on all questions of order, refer bills introduced in the House to the proper standing committees, signs all acts, resolutions, orders issued by or upon order of the House, appoints members of joint committees and conference committees, and exercises administrative functions over house personnel. Like the Senate President, he holds office at the pleasure of his members and may be replaced at any time. B. Congr ession al/L egislati ve Commi ttees:

i. Standing Committees are permanently established legislative committees that review proposed legislation. They are the only ones who proposed legislation by reporting a bill out to the full House or Senate. In Congress, each standing committee is given a specific area of concern. ii. Select Committees are those that are created for a specific purpose and usually for a limited period only such as conducting

an investigation or addressing matters of great national concern. iii. Joint Committees are those created by both Houses of Congress with members coming from both. An example is the Bicameral Conference Committee, which irons out differences in the versions of bills passed by the Senate and the House. C. Sessions.

The House of Representatives holds its session in Batasang Pambansa Complex while the Senate in GSIS Complex. i. Regular Session is convened once every year starting on the fourth Monday of July, unless a different date is fixed by law. It may continue for such number of days or may last as long as Congress wishes until 30 days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays. ii. Special Session is called by the President while the Congress is in recess, generally to consider a legislation he may designate in his call, like the session called by President Gloria Macapagal-Arroyo to pass into law the power reform bill. The Constitution requires that neither House during the sessions of the Congress, shall, without the consent of the other, adjourn for more than 3 days, nor to any other place than that in which the two Houses shall be sitting. D. Quorum – number of members of the body which, when legally assembled in their proper places, will enable the body to transact its proper business, or in other words, that number that makes a lawful body and gives it power to pass a law. A majority of each shall constitute a quorum to do business. E. Rules of Procedure – rules made by any legislative body as to the mode and manner of conducting the business of the body. Hence, rules of procedure are clearly mandatory for the orderly functioning of either House or Congress. F . Jour nal and Record of Proceedin gs.

Journal is a record of what is done and passed in a legislative assembly. It is a


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day-to-day record of the proceedings of Congress. Record is a word for word transcript of the deliberations of Congress or the proceedings taken during session. G. Di scipli ne of M ember s

Suspension can be imposed as a sanction to a Member of Congress for disorderly behavior. It can only be imposed with the concurrence of two-thirds of all members of Congress. It should not exceed 60 days. Expulsion can also only be imposed with the concurrence of two-thirds of all members of Congress. The Constitution, however, does not provide ground for expulsion.  Sections 17-19: AGENCIES IN CONGRESS A. Electoral Tribunal – sole judge of all contests relating to election, returns and qualifications of the members of the legislative houses, and, as such, are independent of congress. It was created to function as a nonpartisan court although two-thirds of its members are politicians. Each electoral tribunal shall be composed of 9 members: The HRET is composed of 3 Justices of the Supreme Court to be designated by the Chief Justice and 6 members of the Senate chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system therein. The SET is likewise composed of 3 Justices designated by the Chief Justice and 6 members of the House of Representatives also chosen on the basis of proportional representation. The most senior Justice in each electoral tribunal shall be its chairman. B. Commission on Appointments – created by the Constitution as an independent commission in Congress although its members are confined to members of Congress, to function as a check on the appointing power of the President. Like the electoral tribunals, the Commission shall also be constituted within 30 days after the Senate and the House of

Representatives shall have been organized with the election of the President and Speaker. The Commission is composed of 25 members, the Senate as ex-officio chairman, 12 Senators and 12 members of the House of Representatives. Like in the electoral tribunal, the members of the Commission are also chosen on basis of proportional representation from the political parties and the parties or organizations registered under the party-list system. The Commission functions as a check on the appointing power of the President, by approving or disapproving appointments to important offices in the government submitted to it by the President. It shall act on all appointment with 30 days from their submission. In considering nominations submitted to it by the President, the Chairman (Senate President) shall not vote except in case of a tie.  POWERS OF CONGRESS  Classifications:

1. Enumerated Powers refer to those specifically or expressly conferred to the Congress by the Constitution. The enumerated powers of the Congress includes the power to impose taxes, the power of appropriations, declare the existence of war, power to meet as board of canvassers in the election of President and Vice President, the power of impeachment, the power to propose amendments to the Constitution among many others. 2. Implied Powers refer to such powers as are necessarily implied from the given powers. This includes the power to punish witness for contempt in the conduct of legislative investigation and oversight, to elect such the formal leadership of both Houses, to determine the rules of its proceedings, etc. 3. Inherent Powers are those that are neither granted nor implied therefrom, but rather they refer to those that grow out from the very existence of Congress. It is sometimes referred to as incidental powers of the State, which are primarily exercised by the Congress such as the


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   

police power, power of eminent domain, and power to taxation. Power of Legislative Investigation [Sec. 21] Power of Appropriation [Sections 24, 25, 29] Power of Taxation [Sec. 28(1)] Non-Legislative Powers  Power to declare the existence of war [Sec. 23(1), Art.VI] to concur in presidential  Power amnesties [Sec. 21, Art VII]  Power to impeach the President [Sec. 3, Art. XI]  Board of Canvasser [Sec. 4, Art. VII]  Call Special Election (SNAP) for the Office of the President [Sec. 10, Art. VII]

ART. VII : EXECUTIVE DEPARTMENT  Executive power is the power to enforce and

execute the laws faithfully.  The President of the Philippines is the Executive of the Government of the Philippines. The whole of executive power is vested to only one person, hence the President is the most powerful officer of our Government.  Roles of the President: As Chief of State, the President stands as the head of our government and such he represents the nation. As Chief Executive of the Government, the President is the head of the executive department, the largest bureaucracy of the government. As Chief Diplomat, the Constitution empowers the President to receive ambassadors and initiate diplomatic relations with other nations, as well as to appoint diplomatic representatives of the country abroad. Finally, as Commander-inChief, the Constitution grants the President command of the nation’s Military.  Qualifications : i. Natural-born Filipino citizen ii. Registered voter iii. Able to read and write iv. At least 40 years of age on the day of the election v. Resident of the Philippines for at least 10 years immediately preceding the election  Term of Off ice:

The president is elected by direct vote of the people and shall serve for a term of 6 years. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service of the full term for which he was elected. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than 4 years shall be qualified for election to the same office at any time.  Privileges :  Official residence  Salary  Immunity from Suit  Prohibitions : The President during his tenure is prohibited under the Constitution from: 1. Receiving any other emolument from the Government or any other source. 2. Holding any other office of employment unless otherwise provided in this Constitution. 3. Directly or indirectly, practicing any other profession, participating in any business, or being financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including GOCCs or their subsidiaries. 4. Strictly avoiding conflict of interest in the conduct of his office. 5. Appointing spouse and relatives by consanguinity or affinity within the fourth civil degree as members of the Constitutional Commissions, of the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries.  Our Constitution does not specify the role as well as the powers of the Vice President except to succeed as President as provided in the order of Presidential Succession. Since the Constitution allows the Vice President to be appointed as member of the Cabinet with the privilege of not being subject to confirmation b y the Commission on Appointments, the Vice


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President is usually appointed as a Cabinet Secretary. The Vice President has the same qualification and is elected in the same manner as the President. Likewise, the Vice President has a term of 6 years. However, unlike the President, the Vice President is entitled to one immediate re-election.

Senate President or, in case of inability, the Speaker of the House shall act as President until a President or a Vice President shall have been elected and qualified.  Vacancy in the Office of the Vice President 

at the begin ni ng of h is ter m:

-it is the Senate President or, in case of his inability the Speaker shall act until the Vice President shall have been chosen and qualified.  RULE ON PRESIDENTIAL SUCCESSION:  Vacancy in the Office of the President 

at the begin ni ng of hi s term :

1. If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified. 2. If a President shall not have been chosen, the Vice President elect shall act as President until a President shall have been chosen and qualified. 3. If at the beginning of the term of the President, the President-elect shall have died or have become permanently disable, the Vice President elect shall become President. 4. Where no President and Vice President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or Vice President shall have chosen and qualified. 

duri ng his term:

When the office of the President becomes vacant as a result of death, permanent disability, removal from office, or resignation, the Vice President will become President to serve for the unexpired term. In case the vacancy resulted from the causes mentioned when the former Vice President turned President existed, the

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duri ng his term:

The President shall nominate a Vice President to serve for the unexpired term among the members of the Senate or House of Representatives. The nominee shall assume office upon confirmation of a majority vote of all the members of both Houses of the Congress, voting separately.  POWERS OF THE PRESIDENT: 1. Executive power (Sec. 1, Art. VII) 2. Power of Appointment – the selection of an individual who is to exercise the functions of a given office. (Sections 14-16) 3. Power of Removal – power to remove officials appointed by the President. The President, however, cannot remove those officials even if appointed by him when the Constitution provides for the manner of their removal from office. 4. Power of Control (Sec. 17) – power to alter, modify, nullify, or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former to that of the latter. 5. Military powers (Sec. 18)  President as Commander-in-Chief  Power to suspend the privilege of Habeas Corpus  Power to declare martial law 6. Pardoning Power (Sec. 19) – or the power of executive clemency includes the granting of the following with the concurrence of the majority of the members of Congress:


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Pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts an individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed ¤ Absolute Pardon is granted without any conditions whatsoever. An absolute pardon not only blots out the crime committed, but removes all disabilities resulting from the conviction. ¤ Conditional Pardon is granted subject to such conditions or qualifications, as he may deem necessary or see fit. Commutation is a remission of a part of  the punishment, a submission of a less penalty for the one originally imposed Reprieve is a postponement of  execution or a temporary suspension of execution Remit Fines and Forfeiture mean  exoneration of fines and forfeited property Amnesty commonly denotes the general  pardon to rebels for their treason and other high political offenses, of the forgiveness which one sovereign grants to the subjects of another, who have offended some breach of the law of nations. 7. Diplomatic Power 8. Borrowing Power (Sec. 20) 9. Informing Power (SONA) (Sec. 23) 10. Residual Powers or other powers – neither legislative nor judicial 

ART VII I : JUDICIAL DEPARTMENT  Judicial power is the power to apply the laws

to contests or disputes concerning legally recognized rights or duties between the State and a private person, or between individual litigants, in cases properly brought before the judicial tribunals, which includes the power to ascertain what the valid and binding laws of the State are and interpret and construe them.

 Judicial power is clarified in Sec. 1, Art VIII  Judicial power is vested in the Supreme Court

and other lower courts established by law .  The Supreme Court is a body composed of 15 members (1 Chief Justice and 14 Associate Justices). They are appointed by the President from a list of at least 3 nominees prepared by the Judicial and Bar Council .

 Qualifications for Members of the Supreme

Study hard! Good luck Court: 1. Natural-born Filipino citizen 2. At least 40 years of age 3. A judge of lower court or engages in the practice of law in the Philippines for 15 years or more 4. Must be of persons of proven competence, integrity, probity and independence This enumeration is exclusive; Congress may not add additional qualifications through ordinary legislation  Qualifications for Members of the Lower Collegiate Court: 1. Natural-born Filipino citizen 2. Member of the Philippine Bar 3. Other qualifications that Congress may prescribe 4. Must be of persons of proven competence, integrity, probity and independence  Qualifications for Members of the Lower Courts: 1. Citizen of the Philippines 2. Member of the Philippine Bar 3. Other qualifications that Congress may prescribe 4. Must be of persons of proven competence, integrity, probity and independence  POWERS OF THE SUPREME COURT: 1. Judicial review is the power to declare act of the Executive and Legislative departments unconstitutional in the light of its conformity with the Constitution. 2. Jurisdiction refers to the authority of the court to hear and decide a particular case.


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3. Power to temporarily assign judges of lower courts to other stations as public interests may require provided that it shall not exceed 6 months without the consent of the judge concerned. 4. Power to order a change of venue or place of trial to avoid miscarriage of justice. 5. Rule-making power 6. Appoint officials and employees of the judiciary 7. Administrative supervision over court and personnel


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Handouts in Philippine Government and Constitution

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