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ELECTIVE OFFICIALS

COMPOSITION
PRESIDENT
VICE-PRES.
SENATOR
DISTRICT
REP.
PARTY-LIST
REP.

1
1
24
Not more
than 250
20% of the
total # of reps.

CITIZENSHI
P
Natural-born
Natural-born
Natural-born
Natural-born

AGE

Natural-born

25*

40
40
35
25

LITERACY
Read
Read
Read
Read

&
&
&
&

write
write
write
write

Read & write

VOTER

RESIDENCY

Registered
Registered
Registered
Registered
in district
Registered

10 yrs in the Phil.


10 yrs in the Phil.
2 yrs in the Phil.
1 yr in district
1 yr in the Phil.

TERM

TERM LIMIT

6
6
6
3

yrs
yrs
yrs
yrs

No re-election
2 consecutive
2 consecutive
3 consecutive

3 yrs

3 consecutive

* youth sector (25-30 years old)

APPOINTIVE OFFICIALS
COMPOSITION
1 Chief Justice
14 Associate
Justices

CITIZEN
-SHIP
Natural
born

AGE
40

PROFESSIONAL & OTHER


REQUIREMENTS
1. Judge or engaged in the
practice of law for 15 years or more
2. Proven competence, integrity,
probity & independence

SUPREME
COURT
JUSTICES

Citizen

By
law

1. Member of the Phil. Bar


2. Proven Competence, integrity,
probity & independence

Natural
born

40

1. NOT
candidates
for
any
elective position in the last election
2. Member of the Phil. Bar
3. Recognized
probity
&
independence

JUDGES

man

OFFICE OF THE
OMBUDSMAN

CIVIL SERVICE
COMMISSION

1. Ombuds

2. Overall
Deputy
3. Deputy
for Luzon
4. Deputy
for Visayas
5. Deputy
for Mindanao
1. Chairma
n
2. 2
Commissioners

1. Chairma

2. 6
Commissioners

Ombudsman a judge or engaged in


the practice of law for 10 years or more
Natural
born

35

1. NOT
candidates
for
any
elective position in the last election
2. Proven capacity for public
administration

Natural
born

35

1.
NOT
candidates
for
any
elective position in the last election
2.
Holders of a college degree
3.
A majority & the Chairman:
Are members of the Phil. Bar
Have been engaged in the
practice of law for at least 10 years
1.
NOT
candidates
for
any
elective position in the last election
2.
Must be either:
CPA w/ at least 10 years of
auditing experience, OR
Members of the Phil. Bar who
have been engaged in the practice of
law for at least 10 years

COMMISSION
ON ELECTIONS
n

1. Chairma

2. 2
Commissioners
COMMISSION
ON AUDIT

Natural
born

35

MANNER OF APPOINTMENT/
TERM OF OFFICE
- Appointed by the President from a
list of at least 3 nominees prepared
by the JBC.
- Confirmation not required.
- Vacancy must be filled w/in 90
days from occurrence.
Holds office:
During good behaviour
Until they reach the age of
70
Until
they
become
incapacitated to discharge the
duties of their office
- Appointed by the President from a
list of at least 3 nominees prepared
by the JBC.
- Confirmation not required.
President
shall
issue
the
appointment w/in 90 days from the
submission of the list.
- Appointed by the President from a
list of at least 6 nominees prepared
by the JBC.
- Confirmation not required.
- Vacancy must be filled w/in 3
months from occurrence.
Term: 7 years w/o reappointment
1.
Appointed by the
President, AND
2.
With consent of COA
Term: 7 years w/o reappointment
1.
Appointed by the
President, AND
2.
With consent of COA
Term: 7 years w/o reappointment
1.
Appointed by the
President, AND
2.
With consent of COA
Term: 7 years w/o reappointment

DISQUALIFICATIONS
OFFICE

SENATE/
HOUSE OF REPS

PRESIDENT/VP/
MEMBERS OF
CABINET & THEIR
DEPUTIES &
ASSISTANTS
PRESIDENTS
SPOUSE, RELATIVES
BY CONSANGUINITY/
AFFINITY W/IN 4TH
CIVIL DEGREE

CSC/COMELEC/COA,
OMBUDSMANS
DEPUTIES

APPOINTIVE
OFFICIALS

MEMBERS OF THE
ARMED FORCES

IN GENERAL

IN GENERAL

IN GENERAL

DISQUALIFICATIONS
1. incompatible office: may not hold any other office or employment in
government or any subdivision/agency/instrumentality thereof, including any
GOCC or its subsidiary
2. forbidden office: shall not be appointed to any office w/c may have been
created or the emoluments increased during the term for w/c he was elected
3. legislators cannot personally appear as counsel before any court of justice,
electoral tribunal, quasi-judicial and administrative bodies
4. cannot be financially interested, directly or indirectly, in any contract w/, or
in any franchise, or special privilege granted by the government, or any
subdivision/agency/instrumentality thereof, including any GOCC or its
subsidiary
5. legislators cannot intervene in any matter before any office of the
government
1. cannot hold any other office or employment
2. cannot practice any profession, directly/indirectly
3. cannot participate in any business, directly/indirectly
4. cannot be financially interested, directly/indirectly, in any contract w/, or in
any franchise, or special privilege granted by the government, or any
subdivision/agency/instrumentality thereof, including any GOCC or its
subsidiary
Cannot be appointed as:
1. Members of the Constitutional Commissions
2. Office of the Ombudsman
3. Secretaries/Undersecretaries
4. Chairmen/Heads of Bureaus/Offices/GOCCs & their subsidiaries
1. cannot hold any other office or employment
2. cannot engage in the practice of any profession
3. engage in the active management or control of any business w/c in any way
may be affected by the functions of his office
4. cannot be financially interested, directly/indirectly, in any contract w/, or in
any franchise, or special privilege granted by the government, or any
subdivision/agency/instrumentality thereof, including any GOCC or its
subsidiary
Cannot hold any other office or employment in the government, or any
subdivision/agency/instrumentality thereof, including any GOCC or its
subsidiary
filing certificate of candidacy in the case of public appointive officials (including
members of AFP, & employees of GOCCs
Cannot be appointed or designated in any capacity to a civilian position in the
Government, including GOCCs or any of their subsidiaries
Cannot engage directly/indirectly in any partisan political activity, except to
vote
- No loan, guaranty, or other form of financial accommodation for any business
purpose may be granted, directly/indirectly, by any government owned and
controlled bank or financial institution, nor to any firm or entity in w/c they
have controlling interest
- public officers and employees owe the State and this Constitution allegiance
at all times
- any public officer or employee who seeks to change his citizenship or acquire
the status of an immigrant of another country shall be dealt w/ by law
- cannot receive additional, double, or indirect compensation unless specifically
authorized by law
- cannot receive any present, emolument, office or title or any kind from any
foreign govt w/o the consent of Congress

WHEN APPLICABLE
During term w/o forfeiting his seat
During the term for w/c he was
elected, even when he had already
resigned when the office was
created or the emolument increased
During his term of office
During his term of office

When it is for:
1. his pecuniary benefit
2. where he may be called upon to
act on account of his office
During their tenure
During their tenure
During their tenure
During their tenure

During the tenure of the President

During his tenure


During his tenure
During his tenure
During his tenure

Unless otherwise provided by law, or


by the primary functions of his
positions
He shall be considered ipso facto
resigned if he files certificate of
candidacy
In active service

President, VP, Cabinet, Congress,


SC, the Constitutional Commissions,
the Ombudsman - during their
tenure
Public officers and employees

Elective/appointive public officers or


employees

CONSTITUTIONAL BODIES
COMMISSION ON
APPOINTMENTS

HRET/SET

COMPOSITION

MANNER OF APPOINTMENT

PURPOSE/FUNCTION

1. CHAIRMAN:
Senate Pres. (GR: doesnt
vote; E: tie)
2. 12 Senators
3. 12 Congressmen
1. 3 SC Justices
(CHAIRMAN: most senior
Justice)
2. 6 Senators/
Congressmen
Supreme Court en banc

- Senate President: ex-officio


- Senators/Congressmen: based on proportional
representation from the pol. parties

Act on all appointments submitted to it


w/in 30 session days of Congress from
their submission; Rule by majority
vote.

- SC Justices: designated by the Chief Justice


- Senators/Congressmen - based on proportional
representation from the pol. parties

Sole judge of all contests relating to


the election, returns & qualifications of
their Members;

(ex-officio)

Sole judge of all contests relating


the election, returns & qualifications
the President & VP;
1. Recommending appointees
the Judiciary
2. Other functions & duties
the SC may assign it

PET

JBC

CENTRAL
MONETARY
AUTHORITY

1. CHAIRMAN: Chief
Justice
2. Sec. of Justice
3. Rep. of Congress
4. Rep. of the
Integrated Bar
5. Rep. of Private
Sector
6. Professor of law
7. Retired Member of
the SC
Members must be:
1.
Natural-born
citizens
2.
Known
probity,
integrity & patriotism
3.
Majority should be
from the private sector

Regular Members:
1.
Appointed by the President, AND
2.
With consent of COA

EMERG
ENCY
POWER
S

PURP
OSE

to
carry
out a
nation
al
policy
declar
ed by
Congr
ess

Art. 6.
Sec. 23.
Par.2

CALLIN
G OUT
POWER
S
Art. 7.
Sec. 18.
Par.1

to
preve
nt or
suppr
ess
lawles
s
violen
ce,
invasi

WHEN
IT MAY
BE
EXERC
ISED
1.
i
n
times
of
war,
OR
2.
o
ther
nation
al
emerg
ency

whene
ver
it
become
s
necessa
ry

to
as

Ex Officio: Chief Justice, Sec. of Justice,


Representative of Congress

Provided by law.

POWERS OF THE PRESIDENT


POWER

to
of

LIMITATIONS

The President could validly declare


the existence of a state of national
emergency even in the absence of
Congressional enactment. But the
EXERCISE of emergency powers
requires
a
delegation
from
Congress.
Requisites for Valid Delegation:
1. there must be war or
other emergency
2. the delegation must be for
a limited period only
3. the delegation must be
subject to restrictions as the
Congress may prescribe
4. the emergency powers
must be exercised to carry out a
national
policy
declared
by
Congress
GR: such powers shall cease upon
the next adjournment of Congress
E: if it is sooner withdrawn by
resolution of Congress
Subject to judicial inquiry (the
standard for judicial inquiry is
arbitrariness & NOT correctness)

1.
Provide policy direction in the
areas of money, banking & credit
2.
Supervision over operation of
banks
3.
Exercise regulatory powers
over operations of finance companies
& institutions performing similar
functions

on or
rebelli
on
POWER
TO
SUSPE
ND
THE
PRIVIL
EGE OF
THE
WRIT
OF
HABEA
S
CORPU
S

1.
i
n case
of
rebelli
on or
invasi
on,
AND
2.
w
hen
public
safety
requir
es it

Art. 7.
Sec. 18

POWER
TO
DECLA
RE
MARTI
AL LAW
Art. 7.
Sec. 18

POWER
TO
TAKE
OVER
Art. 12.
Section
17

The
calling
upon
of the
militar
y
power
to
assist
the
execut
ive in
the
maint
enanc
e
of
law &
order.

for
succes
sful
prosec
ution
by the
Gover
nment
of its
effort
to
contai
n
&
solve
& end
the
presen
t
emerg
ency

1.
i

n
times
of
nation
al
emerg
ency,
AND
2.
w
hen
the
public
intere
st so
requir
es

1. f Applicable
only
to
or
a persons
judicially
period
charged for:
not
rebellion, or
exceedin
offenses inherent in
g
60 or directly connected
days
w/ invasion
2. w
/in
48
hours
from the
proclama
tion, the
President
must
submit a
report in
person or
A state of martial law
in writing
does NOT:
to
1. suspend the
Congress
operation of the
3. C
Constitution
ongress,
2. supplant the
voting
functioning of the
jointly,
civil
courts
or
may
legislative
revoke it
assemblies
by
at
3. authorize
least
a
the conferment of
majority
jurisdiction
on
of
its
military courts &
member
agencies
over
4. S
civilians where civil
C
may
courts are able to
review
function
the
4. automaticall
sufficienc
y
suspend
the
y of the
privilege of the writ
factual
of habeas corpus
basis of
the
proclama
tion
&
must
promulga
te
its
decision
w/in 30
days
from
filing
The President may exercise such
power ONLY when Congress
delegates it to him pursuant to a
law prescribing reasonable terms
thereof.

VOTING BY CONGRESS
REQU
IREM
ENT
MAJO
RITY

SEPARATELY

JOINTLY

1. in case of TIE bet. 2 1. Revoke/Ex


or more candidates for
tend
President & Vice President,
proclamati
chose one of them
on
of

SILENT
1.
G
rant
tax
exempt

2/3

2. in case of vacancy
martial
in the Office of the VP, the
law, OR
President nominates a VP 2. Revoke/Ex
among
the
tend the
Senators/Congressmen,
President
they shall confirm such
s
nomination
suspensio
3. SENATE
ONLY

n of the
elect Senate President
privilege
4. HOUSE ONLY elect
of the writ
House Speaker
of habeas
corpus
1. declare existence of
state of war
2. repassing/reconside
ring a bill vetoed by the
President
3. determine if the
President is unable to
discharge his duties (when
the President claims he is,
but Members of the Cabinet
declare otherwise)
4. suspend/expel
a
member of their respective
house, in accordance w/ its
rules & proceedings
5. SENATE
ONLY

ratification of treaty or
international agreement
6. SENATE
ONLY

conviction in impeachment
cases

3/4

ion
2.
Gran
t
amnest
y

Call
a
constituti
onal
conventi
on
or
submit
to
the
electorat
e
the
question
of calling
such
conventi
on

Propose
constituti
onal
amendm
ents/revi
sions

1/3

HOUSE
ONLY

affirm/overturn resolution of
Committee on Justice re:
Articles of Impeachment
ACTIVITY
CITIZENSHIP AND/OR EQUITY REQUIREMENTS
1/5
Yeas & nays be entered in the
Exploitation
Journal of the
Filipino
respective
citizens
of Natural
house
corporation incorporated in RP
Resources
Rule on succession when the vacancies occur at the
60% Filipino
ownership
BEGINNING
OF THE
TERM
If the
President:
VP-elect will be Acting President
Operation
Filipino citizens
1. is not chosen, OR
until the President shall have
of Public
2. Fails to qualifycorporation
or been incorporated
chosen/qualified
in RP
Utilities
be chosen
60% Filipino ownership
If the President-elect:
VP-elect becomes president
Acquisition
1. dies, OR
Filipino citizens (natural persons)
of Alienable
2. becomes
Corporations cannot acquire alienable
Lands of
permanently
disabled
Rule on succession when vacancies occur after the
the
Public
lands
of
they canPresident,
only LEASE
If BOTH the President & VP:the public domain,
1. the Senate
OFFICE IS INITIALLY FILLED
Domain
the
same
1. is not chosen
or in case of his inability
If the President:
VP becomes President for unexpired
Acquisition
2. fails to qualify PRESIDENTIAL
2.APPOINTEES
House Speaker
Filipino citizens
term
dies
of Private
3. dieREQUIRES CONSENT
- They
will only act as
OFincorporated
COA
NOActing
CONSENT
corporation
in
RP
Lands
4. become
President until PresidentREQUIRED
& VP
perman
permanently
disabled
have
been chosen & 1.have
60% Filipino
ownership
ently disabled
1. Heads
of executive
departments
Officers of
qualified
2. Ambassadors,
other
public ministers
theof RP
government
former
citizens
remove
- natural-born
in case of death,
permanent as
& consuls
whose
transferees, w/disability
certain legal
restrictions
d from office
or
inability
of
the
3. AFP officers from rank of colonel or
appointments
are
Senateas President
&in provided
House
alien heirs
transferees not
case ofby law
resigns
naval captain
Speaker,
Congress
shall
intestate
4. Other
officerssuccession
whose appointments
2. Those If both the President & VP:
the Senate President, or in
determine, by law, thewhom
mannerheof may be
Practice
are vested in him inFilipino
the Constitution:
citizens only
(natural
persons)
die
case of his inability
selecting
the
one
who
is
to
act
as
of ALL a. JBC
authorized by law
Acting
may,President
byof
law,
otherwise
prescribe
become
House Speaker
professions
b. Chairman &Congress
Commissioners
Conto appoint
3. Appointmepermanently disabled
- They will only act as Acting
MassComs
Filipino citizens
nt of other officers
President until President & VP have
Media c. Regional Devt Council
remove
d. Members of
Corporations
regular incorporated
consultative in RP
lower in rank, when
been chosen & have qualified
d from office
commissions
vested by Congress
- in case of death, permanent
100% Filipino owned
resign
disability or inability of the Senate
Advertising
President & House Speaker, Congress
Filipino citizens
shall, by law, provide who shall serve
corporations incorporated in RP and 70%
as Acting President
owned
If the VPs Office is vacant President shall nominate a VP from
Educational
for term elected
among the members of the Senate &
Filipino citizens
Institution
HR and to confirmed by majority vote
corporations incorporated in RP
all members of both Houses of
Congress, voting separately
60% ownership

1.
2.
3.
1.
2.
3.
1.
2.
1.
2.
3.
4.

1.
2.

5.

4.

1.
2.
1.
2.
3.
1.
2.

1.
2.

1.
2.
3.

Other
economic
activities

E: schools established by religious & mission boards


Congress may, by law reserve to Filipino citizens or
to corporations 60% Filipino owned (or even higher)
certain investment areas

3.

3.
4.

1.
2.