URDANETA CITY UNIVERSITY

Urdaneta City
SOCIAL SCIENCE DEPARTMENT

POLITICS AND GOVERNANCE

ARTICLE VI
The Legislative Department

Legislative Power is essentially the authority under the Constitution to make laws subsequently,
when the need arises, to alter and repeal them.
Laws – as used above, refers to the statutes which are the written enactments of the
legislature governing the relations of the people among themselves or between them and the
government and its agencies.

Classification of Powers of Congress

The primary function of Congress is to legislate. The Constitution, however, has also expressly
given it powers which are non-legislative in character and may be classified into:
1. General legislative power - the power to enact laws intended as rules of conduct to govern
the relations among/between individuals and the Senate.
2. Specific Powers – powers in which Constitution expressly directs or authorizes Congress to
exercise like the power to choose who shall become President in case two or more
candidates has equal number of votes.
3. Implied Powers – They are those essential or necessary to the effective exercise of the powers
expressly granted.
4. Inherent Powers – powers which are possessed and can be exercised by every government
because they exist as an attribute of sovereignty.
Principle of Separation of Powers
The powers of the government, by virtue of this principle are divided into three distinct classes;
the legislative, the executive and the judiciary.
Under the principle of co-equal and coordinate powers among the three branches, the
officers entrusted with each of these powers are not permitted to encroach upon the powers
confided to the others. If one department goes beyond the limits set by the Constitution, its acts are
null and void.
Principle of Checks and Balances
The three co-equal departments are established by the Constitution in as balanced positions
as possible. The department is given certain powers with which to check the others.

The Senate
 It is composed of 24 Senators and elected at large (nationwide) by the qualified voters and
as may be provided by law.
 Unless otherwise provided by law, the regular election of Senators shall be held on the second
Monday of May. (Sec 8)
 The term of office for Senator is six (6) years and shall commence unless otherwise provided
by law, at noon on the 30th day of June next following their election. (Sec.4 par.1)
Qualifications – A Senator must be:
a) A natural-born citizen of the Philippines
b) At least 35 years of age on the day of the election (i.e., day of the balloting)
c) Able to read and write
d) A registered voter
e) A resident of the Philippines for not less than two (2) years immediately preceding the day
of the election.
 A Senator is disqualified to serve for more than two (2) consecutive terms. At any rate, a
Senator can still run for reelection after a break or interval.
Registered voter – is one who has all the qualifications for a voter and none of the disqualifications
provided by law and who shall register himself in the list of voters.

(1) The House of Representatives shall be composed of not more than two hundred and fifty
members (250), 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.

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 URDANETA CITY UNIVERSITY
Urdaneta City
SOCIAL SCIENCE DEPARTMENT

POLITICS AND GOVERNANCE

(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 (25) 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.

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.

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.

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.

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.

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.

(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.

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 URDANETA CITY UNIVERSITY
Urdaneta City
SOCIAL SCIENCE DEPARTMENT

POLITICS AND GOVERNANCE

(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.

(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.

Article VII
Executive Department

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

Executive Power - has been defined as the power to administer the laws, which means carrying
them into practical operation and enforcing their due observance.

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.

Term of office of the President and Vice President

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 reelection. 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.

Classes of Presidential succession

The constitution provides for two classes of Presidential succession, to wit:

(1) Before assumption of office by the President-elect at the time fixed for the beginning of hies
term
(2) After assumption of office by the President-elect at (or subsequent to) the time fixed for the
beginning of his term.

The Vice President

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 URDANETA CITY UNIVERSITY
Urdaneta City
SOCIAL SCIENCE DEPARTMENT

POLITICS AND GOVERNANCE

In any of the following cases, the Vice President shall act as President:

(1) If the President-elect fails to qualify; or

(2) If a President shall not have been chosen; or
(3) In case of temporary inability or incapacity of the President to discharge his powers and
duties.

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.

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.

Appointment – is the act of designating by the executive officer, board, or body to whom the power
has been delegated, of the individual who is to exercise the functions of a given office.

Designation – is simply the mere imposition of new or additional duties upon an officer already in the
government service to temporarily perform the function of the office in the executive branch.

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.

Pardon – defined as an act of grace proceeding from the power entrusted with the execution of
the laws (President) which exempts the individual on whom it is bestowed, from the punishment the
law inflicts for a crime he has committed.

Kinds of Pardon

(1) Absolute. When it is not subject to any condition whatsoever. It becomes effective when
made; and
(2) Conditional. When it is given subject to any condition or qualification the resident may see
fit. The offender must accept it to become effective.

Commutation – is the reduction of the sentence imposed to a lesser punishment, as from death to
life imprisonment. It may be granted without the acceptance and even against the will of the
convict.

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

Amnesty – is an act of the sovereign power granting oblivion or a general pardon for the past offense
usually granted in favor of certain classes of persons who have been committed crimes of a political
character, such as treason, sedition, or rebellion.

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 URDANETA CITY UNIVERSITY
Urdaneta City
SOCIAL SCIENCE DEPARTMENT

POLITICS AND GOVERNANCE

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.

Treaty – defined as a compact made between two or more states.

ARTICLE VIII
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.

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 under-mines the security of tenure of its
Members.

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.

(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:
3. 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.
a. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
b. All cases in which the jurisdiction of any lower court is in issue.

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 URDANETA CITY UNIVERSITY
Urdaneta City
SOCIAL SCIENCE DEPARTMENT

POLITICS AND GOVERNANCE

c. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
d. All cases in which only an error or question of law is involved.
4. 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.
5. Order a change of venue or place of trial to avoid a miscarriage of justice.
6. 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, modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
7. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

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

The JBC
(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 for0 two years, and the representative of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.
(4) The regular Members of the Council shall receive such emoluments as may be determined
by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for
the Council.
(5) The Council shall have the principal function of recommending appointees to the
Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

The 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.