IMUS UNIDA CHRISTIAN SCHOOL

Quality. Christian. Education. 11

Philippine Politics and

Governance

Lesson 6: Executive Department

THE 1987 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES –
ARTICLE VII

ARTICLE VII

EXECUTIVE DEPARTMENT

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

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to
read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years
immediately preceding such election.

Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in
the same manner, as the President. He may be removed from office in the same manner as the President.

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

Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall
begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years
thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of
May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city,
shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the
President of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the
Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due
execution thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and
highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of
the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of
the President or Vice-President, and may promulgate its rules for the purpose.

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

Section 6. The President shall have an official residence. The salaries of the President and Vice-President shall be determined by
law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of
the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other
emolument from the Government or any other source.

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

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

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

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

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become
permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall
act as President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a
Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next
preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall
become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of
both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the
Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to
the same restrictions of powers and disqualifications as the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the
President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall
assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

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

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his
written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-
President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his
written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of
all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of
Representatives, their written declaration that the President is unable to discharge the powers and duties of his office, the
Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in
accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is
required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge
the powers and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising
the powers and duties of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. The members of the
Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall
not be denied access to the President during such illness.

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly
or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any
franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure,
be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their
subsidiaries.

Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President, within
ninety days from his assumption or reassumption of office.

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

Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel
or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other
officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by
law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the
courts, or in the heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory,
but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next
adjournment of the Congress.

Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws
be faithfully executed.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes
necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ
of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation
of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in
writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in
accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must
promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil
courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or
offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially
charged within three days, otherwise he shall be released.

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior
concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall,
within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decision on
applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which
would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the
Members of the Senate.

Section 22. The President shall submit to the Congress, within thirty days from the opening of every regular session as the basis
of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and
proposed revenue measures.

Section 23. The President shall address the Congress at the opening of its regular session. He may also appear before it at any
other time.

EXECUTIVE BRANCH

 Charged with the execution and administration of a country’s laws. 

 In general, the executive branch sets the direction of national policy 
 Executive power in the Philippine government is vested in the office of the President of the Republic

Qualifications for Presidency

 Natural born citizen of the Philippines 

 Registered voter 
 Literate (can read and write) 
 At least 40 years old on election day 
 Resident of the country for 10 years 
 Elected at large by plurality

TERM LIMITS
  The term of the President is for six years (no re-election) 
 No person who has succeeded and served as President for four (4) years can run again 
 Vice-President: maximum two (2) terms 

PRESIDENTIAL PRIVILEDGES

 Appoint the heads of the different executive departments 

 Appoint ambassadors, consuls and public ministers
 Appoint armed forces personnel from the rank of colonel or naval captain 
 Contract / guarantee foreign loans

ACTS OF CLEMENCY

 Amnesty 
 Pardon 
 Commutation 
 Reprieve

THE PRESIDENT CANNOT

 Hold any other office or enjoy any other form of employment 

 Make appointments two months prior to the next elections 

 Make appointments within the 4th civil degree of consanguinity 

 Increase his/her salary or that of the Vice-President during his/her term

 Ratify foreign treaties

 Grant clemency in cases of impeachment

CAUSES OF VACANCY

 Death 

 Permanent Disability 

 Resignation 

 Impeachment

 Written declaration that s/he is unable to discharge the powers and duties of the Office

 If a majority of the Cabinet makes a written declaration that the President cannot discharge the powers and duties of the
Office

 The President can, at a later time, inform Congress s/he is fit to perform her/his duties again

 Congress can judge otherwise by a two-thirds vote of both houses voting separately
 

THE PHILIPPINE PRESIDENTS

 Aguinaldo (1898-1902) 

 Quezon (1935-44) 

 Laurel (1943-45) 

 Osmeña (1944-46) 

 Roxas (1946-48) 

 Quirino (1948-53) 

 Magsaysay (1954-57)

 Garcia (1957-61)

 Macapagal (1961-65)

 Marcos (1965-86)

 Aquino (1986-92)

 Ramos (1992-98)

 Estrada (1998-2001)

 Arroyo (2001-10)

 Aquino (2010-2016)

 Duterte (2016-Present) 
 IMUS UNIDA CHRISTIAN SCHOOL
Quality. Christian. Education. 11

Philippine Politics and

Governance

Lesson 7: Legislative Department

THE 1987 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES –
ARTICLE VII

ARTICLE VII

THE LEGISLATIVE DEPARTMENT

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of
the Philippines, as may be provided by law.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for
not less than two years immediately preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at
noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive
terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term of which he was elected.

Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those
under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated
to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the
religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city
with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative
districts based on the standards provided in this section.

Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the
party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period
of not less than one year immediately preceding the day of the election.

Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the
House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was
elected.

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

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall
serve only for the unexpired term.

Section 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate
and the House of Representatives approving such increase.

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six
years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be
held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full
disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of which they are authors.

Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office
which may have been created or the emoluments thereof increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or
indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty
days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President
may call a special session at any time.

SECTION 16. (1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of
all its respective Members.

Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to
day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may
provide.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall
not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as
may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of
the Members present, be entered in the Journal.

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two Houses shall be sitting.
SECTION 17. The Senate and the House of Representatives shall each have an Electoral Tribunal, which shall be the sole
judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral
Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by
the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may
be, who shall be chosen on the basis of proportional representation from the political parties and the parties or
organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall
be its Chairman.

SECTION 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio
Chairman, twelve Senators and twelve Members of the House of Representatives, elected by each House on the basis of
proportional representation from the political parties and parties or organizations registered under the party-list system
represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on
all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall
rule by a majority vote of all the Members.

SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after
the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker.
The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a
majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

SECTION 20. The records and books of accounts of the Congress shall be preserved and be open to the public in
accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an
itemized list of amounts paid to and expenses incurred for each Member.

SECTION 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in
aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected
by such inquiries shall be respected.

SECTION 22. The heads of departments may upon their own initiative, with the consent of the President, or upon the
request of either House, as the rules of each House shall provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the security of the State or the public interest
so requires and the President so states in writing, the appearance shall be conducted in executive session.

SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall
have the sole power to declare the existence of a state of war.

(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or
concur with amendments.

SECTION 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of
the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be
prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to
which it relates.

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate,
the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional
Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective
offices from savings in other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported
by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing
fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in
force and effect until the general appropriations bill is passed by the Congress.

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title
thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its Members three days before its passage, except when the
President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and
the yeas and nays entered in the Journal.

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where
it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items to which he does not object.

SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of
taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development program of the Government.

(3) Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, non-profit cemeteries,
and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the
Congress.

SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use,
benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such
purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the Government.

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.

SECTION 31. No law granting a title of royalty or nobility shall be enacted.

SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the
exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten
per centum of the total number of registered voters, of which every legislative district must be represented by at least
three per centum of the registered voters thereof.

WHO CAN RUN AS MEMBERS OF CONGRESS?

The constitution prescribes a different qualification for the members of the Senate in the House of Representatives (Art. V1, Sec
3 and 6)

A candidate for the Senate must be:

1. a natural born Filipino citizen;

2. at least 35 years old on the day of the election;

3. able to read and write;

4. a registered voter and

5. a resident of the Philippines for not less than two years preceding to the election

The constitution prescribes a different qualification for the members of the Senate in the House of Representatives (Art. V1, Sec
3 and 6)

A candidate for the House of Representatives must be:

1. a natural born Filipino citizen;

2. have at least 25 years old on the day of election;

3. able to read and write;

4. have a registered voter in the district (except for partylist representative); and

5. Have a residency for not less than 1 year preceding the election.

Notice that the qualification of the members of the Senate and the District Representative significantly differ in terms of the
minimum age requirement is 35 years old for the Senators and 25 years old for the House of Representatives, and in terms of
residency, were two years is required for the senator and a year only for the representatives. The qualifications for a party list
nominee are also different, as will be discussed along with the party system.
FUNCTIONS AND RESPONSIBILITIES OF LEGISLATURE

The legislature is tasked to make laws that will ensure the protection of citizens from any form of injustices between and among
individuals or the government. However, the legislature does more than make laws. The fact is, legislature functions as an
executive, judicial, constituent, electoral, financial, an investigatory body {Zaide, 1996). Aruego and Torres claim that the
legislation also has an educationał function (1981:253).

HOW DOES LEGISLATURE WORKS?

"All legislature work through a committee system," said (Tansey, 2004). This must be so because delegate and time consuming
nature of making laws that would help the people greatly, the committee system frees all legislators, from having to consider
every price of legislation in-depth. Ultimately, legislators develop expertise on particular subject" since they will consistently be
concerned with bills relevant to the same subject matter. (Lawson, 1989.)

Each committee in the legislature has paid off (the administrators, researchers and derks ) to help them in the rigorous work
upload making the staff provides the committees with legislative supports services such research, report preparation, or policy
studies.

HOW IS A LAW MADE?

1. First Reading

2. Second Reading

3. Third Reading

4. Presidential Action
 IMUS UNIDA CHRISTIAN SCHOOL
Quality. Christian. Education. 11

Philippine Politics and

Governance

Lesson 8: Judicial Department

JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the
various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in
Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced
by the legislature below the amount appropriated for the previous year and, after approval, shall be
automatically and regularly released.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It
may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be
filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court
are required to be heard en banc, including those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the Members who actually took part
in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority
of the Members who actually took part in the deliberations on the issues in the case and voted thereon,
and in no case without the concurrence of at least three of such Members. When the required number
is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc or in division may be modified or reversed except by
the court sitting en banc.

Section 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

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

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal
assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel
thereof.

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court
unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least
forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in
the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.

Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of
the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired
Member of the Supreme Court, and a representative of the private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four years with
the consent of the Commission on Appointments. Of the Members first appointed, the representative of
the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for
two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record
of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the
Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may
exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the
President from a list of at least three nominees prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission
of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of
judges of lower courts, shall be fixed by law. During their continuance in office, their salary shall not be
decreased.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good
behavior until they reach the age of seventy years or become incapacitated to discharge the duties of
their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.
Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy
thereof attached to the record of the case and served upon the parties. Any Member 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.

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due
course or denied without stating the legal basis therefor.

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or
resolved within twenty-four months from date of submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all
other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief
Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the
case or matter, and served upon the parties. The certification shall state why a decision or resolution has
not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such
responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or
matter submitted thereto for determination, without further delay.
Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the
Congress, submit to the President and the Congress an annual report on the operations and activities of
the Judiciary.