Legislative Dept.

House
of
Representatives

Composition

Qualifications

Term of office

Election, Salaries, Privileges

Disqualifications and other inhibitions

The lower house shall be

composed of not more than 250
members
unless
otherwise
provided by law.

-natural born citizen

-at least 25 years of age on the
day of the election
-able to read and write
*except the party-list reps, a
registered voter in the district in
which he shall be elected,
-a resident thereof not less than
1 year immediately preceding
the day of the election

No member of the house shall serve

for more than 3 consecutive terms.
No voluntary renunciation of the office
for any length of time shall be
considered as an interruption to the
continuity of his service for the full
term of which he was elected for the
purpose of circumventing this 3-term
limitation. (art vi, sec 7)

(art vi, secs 8 & 9)

Regular election- 2nd monday of May, unless otherwise
provided by law. IN CASE OF VACANCY IN THE SENATE AND
HOUSE, a Special election may be called to fill up such
vacancy in the manner prescribed by the law. (read RA 6645,
guidelines)

INCOMPATIBLE OFFICES
-is a post that a member cannot accept he waives or
forfeits his seat in Congress. If he waives or forfeits his
seat, he may accept the other post, since the
incompatibility arises only because of his simultaneous
membership in both.
Exempted from this provision is the holding of a second
office which is an extension of his legislative duties or is in
aid of his legislative position.

a.

b.

Senate

DISTRICT REP- entitled

to 80% of the seats
from
legislative
districts
PARTY-LIST
REPentitled to 20% of the
total
number
of
representatives.

Art. VI, Sec 2

24 senators shall be elected at
large by qualified voters.

Salaries of the senators and members of the HOR shall be

determined by law.
-NO increase in compensation shall take effect until after
expiration of the full term of all the members of the two houses
approving such increase.
Privileges - 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. (art vi, sec 11)

-natural born citizen

-at least 35 years of age on the
day of election
-able to read and write
-a registered voter
-a resident of the PH for not less
than 2 years immediately
preceding the day of the election
(art vi, sec 3)

QUALIFICATIONS IN GENERAL:
1. They are continuing requirements, meaning that, they must be possessed during
the officers entire incumbency.
2. The qualifications prescribed by the Constitution are exclusive and the legislature
may not make additional qualifications.
3. Property qualifications are not allowed as no person may be denied a chance to be
elected to public office by reason of poverty
4. No religious test shall be required for the exercise of civil and political rights.

- 12 senators shall be elected every 3

year to serve for a term of 6 years.
This means that the senate is a
continuing body as there are always
12 senators whose membership is
retained every election year.
-Voluntary renunciation of the office
for any length of time shall not be
considered as it is an interruption in
the continuity of the of his service

FORBIDDEN OFFICE
-is one to which a member cannot be appointed even if he
is willing to give up his seat in the congress. The effect of
his resignation from the congress is the loss of his seat
therein but his disqualification for the forbidden office
nevertheless remains. Such a member cannot resign in
anticipation of the passage of the law creating such office
or increasing its emolument as a way of circumventing the
prohibition.
Other prohibitions...

Composition and Independence

Organization and functions

COMMISSION ON APPOINTMENTS
Session and procedures

ELECTORAL TRIBUNALS
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. (sec 17)

COMMISSION ON APPOINTMENTS
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. (sec 18)

Each tribunal shall have:

-Three (3) supreme court justices and 6 members of the
senate or the house of representatives to be chosen by
PROPORTIONAL REPRESENTATION.
Objective for providing one tribunal for each house of
congress was to insure the exercise of judicial impartiality in
the disposition of election contests affecting members of the
lawmaking body. However, under the system of proportional
representation, the majority party possesses a natural
advantage and thus the nature of the electoral tribunal as a
neutral judge has been affected.

-shall be constituted within 30 days

after the two houses shall have been
organized the the election of the
Senate President and the Speaker of
the House.
-it shall be the sole judge of all contests
relating to the election, returns and
qualification of the respective members
of the both houses.

-it shall meet to discharge its

powers and functions ONLY while
Congress is in session.

Officers requiring confirmation

1.
2.
3.

-the meeting may be call by the

Chairman or a majority of all its
members.
-the Commission rules by a
majority vote of all its members.

4.
5.

Heads of departments
ambassadors
,
public
ministers and consuls
Officers of the Armed Forces
of the Philippines from the
rank of colonel and naval
captain
Chairman and members of
constitutional commissions
Members of the judicial and
bar council

-the Chairman does not vote

except to break a tie.

The commission shall consist of:

-Senate President as ex officio chairman
-12 senators
-12 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.
*membership in the Commission is based on party affiliation,
thus, a defection from one party to another changes the
proportion in the respective houses and is a ground for
REORGANIZATION. A mere temporary alliance, however is
not a ground for reorganization.

- shall be constituted within 30 days

after the senate and house shall have
been organized with the election of
senate president and speaker of the
house.
-it shall confirm or approve nomination
made by the President of certain public
officers named by the Constitution and
by law.

REGULAR APPOINTMENT

AD-INTERIM
APPOINTMENT

OR

RECESS

-this takes place when the

President appoints an officer
whose
appointment
requires
confirmation by the commission,
while congress is in session.
-the office appointed cannot
resume office at once.
-the President first nominated him
to the Commission.
-then, the commission act on all
appointments submitted to it within
30 session days from submission.
*failure to act within the period is
tantamount
to
rejection
or
bypassing of the nomination.
-if the commission approves the
nomination, the office of the
president issues a commission,
after which the appointee can
assume office.

-this happens when congress is NOT in

session.
-unlike regular appointments, an adinterim appointment made by the
President is complete in itself and
effective at once, even without
confirmation.
*This appointment is only of temporary
effectivity.
-when
congress
convenes,
the
commission would have to act on the adinterim appointment.
-if it is confirmed, the appointment
becomes permanent.
-if disapproved, usually by means of a
positive failure to act on the
appointment, then the appointment is
immediately terminated.

POWERS OF CONGRESS
General plenary powers- the legislative power
shall be vested in the Congress of the PH except
to the extent reserved to the people under Art vi,
sec 32 on initiative and referendum.

Tariff bills dictate the duties to be imposed on

certain imported articles.
Bills authorizing increase of the public debt
normally involve bonds guaranteed by the
government for public subscription redeemable
after a certain period.

Substantive limitations- there are certain

express and implied substantive limitation on the
power to enact laws.

Bills of local application pertain to purely local

government matters.

*The bill of rights - certain rights and freedoms

of individuals are limitations to the power of
congress to legislate.

Private bills refer to those that serve a private

interest or concern like granting some form of
recognition or honor to private individuals.

TITLE OF BILLS

Every bill passed by Congress shall

embrace one subject matter to be
expressed in the title thereof.

The provision aims to prevent hodgepodge or log-rolling legilation; prevent

surprise or fraud upon the legislature;
and to fairly apprise the people
through such publication of legislative
proceedings as is usually made of the
subjects of legislation that are being
considered, in order that they may
have the opportunity of being heard
thereon by petition.

All of these measures must originate exclusively

from the house of representatives. This is
because the lower house is the more popular
chamber of the government and more attuned to
local needs. (see implied limitations)

APPROPRIATIONS
No money shall be paid out of the treasury
except in pursuance of an appropriation made by
law. (art vi, sec 29(1)
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 representative, but
the senate may proposes or concur with
amendment. (art vi, sec 24)
An appropriation is the setting apart by law of a
certain sum from the public revenue for a
specified purpose.
A revenue bill raises funds for the government,
usually by imposing taxes or fees

The General Appropriations Act (art vi, sec

25)
-a general appropriations law provides for the
financial operation of the government for a fiscal
year. The process for enacting the GAA starts
with the national budget that the president
submit to congress within 30 days from the
opening of the regular session.

Limitations: (see explanations)

a. The congress may not increase the
appropriations recommended by the President
for the operation of the Govt as specified in the
budget.
b.No provision or enactment shall be embraced
in the general appropriations bill unless it relates
specifically to some appropriation therein.
c.The procedure in approving appropriations for
other departments and agencies.
D. transfers of funds from one department to
another are not allowed.
E. the unused balance or the surplus remaining
at the end of a specified year or a period reverts
to the general fund.
F. the GAA for the preceding fiscal year shall be
deemed re-enacted if congress fails to pass a
GAA for the ensuing fiscal year.

SPECIAL APPROPRIATIONS
-a special appropriation bill is one that meets a
new need or is designed for a specific purpose.
The bill must specify the purpose for which it is
intended and shall be supported by funds
actually available or to be raised by a
corresponding revenue proposal. This is to
check the practice of legislators enacting laws
without funds actually available, just for the
purpose of showing off to their constituents.
DISCRETIONARY FUNDS (art vi, sec 25(6)
-these may only be disbursed for public
purposes to be supported by appropriate
vouchers, subject to guidelines as may be
provided by law. This is to check the pernicious
practice of unbridled use of government funds
mainly for personal purposes due to lack of the
necessary guidelines.
TAS LAWS (art vi, sec 28(1)
-uniformity in taxation means that all taxable
articles or kinds of property, of the same class,
shall be taxed at same rate. A tax is uniform
when it operates with the same force and effect
in every place where the subject of it is found. A
tax is equitable if it is fair and not harsh,
oppressive, or unduly burdensome on the
taxpayer. A progressive system of taxation
provides for an equitable distribution of the tax
burden according to benefits received and ability
to pay and the equitable sharing of the national
wealth and the flow of income.
DELEGATION OF TAX POWERS (art vi, sec
28(2)
-as the general rule, the power to tax, being an
essential aspect of sovereignty, is inherently
legislative and is therefore non-delegable. The
987 constitution, however, provides for TWO
EXCEPTIONS.
a. Matters affecting the economy
b. Delegation of taxing powers to local
legislatures in pursuance of the policy
on local autonomy, subject only to
limitations that may be imposed by
congress.

PROCEEDS OF TAXES (art vi, sec 29 (3)

-special taxes levied for a particular purpose
shall be utilized for that purpose only and may
not be diverted to other uses. Any amount that
remains after the original purpose of the special
law has been achieved shall revert to the
general fund and may not be used unless if
appropriated for another purpose. On the other
hand, the just share of the local government
units in national taxes as determined by law shall
be automatically released to them.
TAX EXEMPTIONS
-the constitution requires the CONCURRENCE
OF A MAJORITY OF ALL THE MEMBERS OF
CONGRESS before any law granting tax
exemptions shall be passed. All questions
regarding the constitutionality of a tax measure
must be resolved in favor of its validity. Any
doubt regarding the taxability of any person
under a valid tax law must be resolved in favor of
that person and against the taxing power. Any
doubt as to the applicability of a tax exemption
granted to a person must be resolved against
the exemption.
-tax exemption of religious and charitable
institutions
-tax exemption of educational institutions
OTHER EXEMPTIONS OF THE CONGRESS
*The appellate jurisdiction of the supreme court
may not be increased by congress without its
advice and concurrence. This is intended to
prevent any undue increase in the caseload of
the supreme court.
*no law granting a title of royalty or nobility shall
be enacted-this is to prevent a monarchial or
caste system where there are elit classes
possessing certain privileges.
*prohibition against delegation of legislative
power. Prohibition against the passage of
irrepealable laws. Considering that no one can
bind future generations to a law that is no longer
responsive to the times.

LEGISLATIVE PROCESS
-After a congressman or senator files a bill, it
goes through 3 readings in each house on
separate days.
-A bill can be passed jointly when congress is in
session, or separately.
-In the latter case, it can be passed
simultaneously as when both houses take up a
bill
-separately but at the same time.
-it may also be passed sequentially as when a
bill originated from one house and goes to the
other house, which can amend such bill.
- once the other house approves the bill with
amendments, this is called the other houses
version of the bill.
3 readings
Exceptions to the 3 readings must be made
on several days and printed copies of the bill
must be given 3 days before 3rd reading:
1. When the president certifies to the
necessity of the immediate enactment
of a bill to meet a public calamity or
emergency
2. When congress convenes to call
special election to elect the president
and vp
Bicameral conference committee- if there are
two versions on the same subject, a conference
committee is organized composed of equal
number of members from the the senate and
house to make recommendations to the
respective chambers on how to reconcile the two
versions of the bill. The respective members are
usually granted blanket authority to negotiate
and reconcile the bill. At the end of the process,
the committee comes up with a conference
committee report which is then submitted to the
respective chambers for approval.

Engrossment or enrollment of the bill- once

both houses approve the bill, it is engrossed or
enrolled. The enrolled copy of the bill bears the
certification by the senate president and the
speaker of the house that the enrolled copy is
the version passed by each house.
The bill as approved by congress and certified
by its presiding officers is then presented to the
president. 3 ways:
1. Approval by the president2. When the veto of the President is
overridden by vote of all the
members of both houses; or
3. Upon failure of the President to
veto on the bill and to return it with
his objections, to the house where
it originated, within 30 days after
the date of receipt.
*There is one instance when the bill becomes a
law without the participation of the President.
This is when the bill is one calling for a special
election for President and Vice-president under
art vi, sec 10. The bill become a law
AUTOMATICALLY upon third and final reading.
Veto power of the president.- when the
president vetoes a bill, he DISAPPROVES it and
returns it to the house where the bill originated,
together with his veto message, explaining the
reasons for the veto.
No pocket veto.-there is no pocket veto in the
Philippines. It is one by which the President
secures the disapproval of a bill of congress by
mere inaction after the adjournment of congress.
Inaction by the President for 30 days will result in
the passage of the bill. If congress is not in
session, the president must still act in order to
veto the bill.

No selective veto- the president is limited to

approving the bill or disapproving it. He cannot
choose only the parts he likes and veto the rest.
Thus, when the president approves one part and
vetoes another, the VETO is ineffective (it is as
though there is no veto). However, in the case of
appropriations, revenue or tariff bills, the
President shall have the power to veto any
particular item or items, without vetoing the other
item/s to which he does not object. The reason is
that these items are really independent of each
other and so every item is deemed a bill in itself.
But as to each item, he cannot approve part and
disapprove the other part.
Overriding the veto. - after consideration of the
objections raised by the President in his veto
message, the House from which the bill
originated may reconsider the bill. of ALL the
members of such house must agree to pass the
bill. Thereafter, it shall be sent, together with the
objection of the president, to the other house
likewise for possible reconsideration if approved
by of ALL the members of the other house, it
shall become a law. IN ALL SUCH CASES, the
votes of each house shall be determined by
yeas or nays. The names of the members
voting for or against shall be entered in the
journal.
No legislative veto.- a LEGISLATIVE VETO
exists when congress purports to give power to
an executive agency of official but keeps for
itself the power to control or invalidate the
ensuing executive action.
A CONGRESSIONAL VETO is a means
whereby the legislature can block of modify
administrative action taken under a statute. It is
a form of legislative control in the implementation
of particular executive actions.

Effectivity of laws.- after a bill becomes a law

through any of the 3 ways mentioned above, the
law does not become effective at once. The
EFFECTIVITY DATE IS FIXED either by the
statute itself, or in its absence, under art 2 of the
civil code, within 15 days afters its publication
either in the official gazette or in a newspaper of
general circulation.
THE QUESTION HOUR (art vi, sec 22)
The heads of departments as the rules of each
house, shall provide, may appear before, and be
heard by any house on any matter pertaining to
their departments:
1. On their own initiative, with the
consent of the president; or
2. Upon request of either house, as the
rules of that house shall provide.
Written questions will be submitted to the
presiding officer of the house at least 3 days
before the scheduled appearance. Interpellations
shall NOT be limited to written questions, but
may cover matters related thereto. A member of
the Cabinet who refuses to appear before the
house may be CITED FOR CONTEMPT. If the
president forbids his appearance, still he must
appear if asked by congress. Previously, it was
an excuse for the president to certify that the
interest of public security justifies the refusal.
Under the 1987 consti, the remedy is an
executive session. The rationale for the question
of hours is:
1. It is an effective check available to
congress to question the programs
and priorities of the Executive
department
2. It enable the minority to fiscalize the
party in power.
3. It informs the people of the activities
and motivations of the president and
his cabinet.

LEGISLATIVE INVESTIGATIONS
-are conducted ostensibly in aid of legislation.
Congress cannot legislate wisely or effectively
without information concerning the conditions
which the legislation intends to affect or change;
and therefore, the requisite information must be
sourced from those who possess it. Oftentimes,
a mere request for information would be rejected
or would result in inaccurate or incomplete data.
The provision has become necessary to
guarantee the passage of better laws. The
provision has also been used in scrutinizing
executive acts and holding administrative
officers to strict accountability. LIMITATIONS:
1. The lawmaking body does not possess a
general power of inquiry into the private affairs of
its citizens.
2. The power is limited to matters into which the
body has jurisdiction to inquire.
3. The rights of persons appearing in or affected
by such inquiries shall be respected, notable
among which is the right against selfincrimination. However, a person refuses to
appear or answer questions relevant to a matter
of legislative interest may be cited in contempt.
4. A resolution of the HOR committing a person
to jail for contempt may be enforced only UNTIL
the final adjournment of the last session date of
congress. This is to enable the said body to
perform its constitutional function without
impediment or obstruction. On the other hand,
there is no limit as to time of the senates power
to punish for contempt as it is a continuing body
that does not cease to exist.

OTHER POWERS OF CONGRESS:

1.

Act as board of canvassers for

PRESIDENTIAL ELECTIONS
-congress acts as a national board of
canvassers for the presidential and vicepresidential elections. It has the duty to receive,
through the senate president, the duly
certificates of canvass for each province or city.
Not later than 30 days after the election day,
all the certificates will be opened in the presence
of the senate and HOR in joint public session.
Upon a determination of the authenticity and due
execution thereof in the manner provided by law,
it shall then canvass the votes. The person
having the highest number of votes shall then be
proclaimed and if there is a tie, the winner will be
chosen by majority vote of all members of both
houses, voting separately.
It is not within the competence of Congress to
refuse to count duly certified certificates of
canvass on the suspicion of some irregularity. It
is the PRESIDENTIAL ELECTORAL TRIBUNAL,
upon the institution if the appropriate action, that
has the power to determine whether or not said
duly certified election returns have been
irregularly prepared or tampered with.
2. Call a special election in case of vacancy
in the offices of President and Vice President

When a vacancy occurs in the offices

of president and vice president more
that 18 months before the date of the
next regular presidential election,
congress shall convene at 10 am of
3rd day after the vacancy, in
accordance with its rules, without a
need of call.

Within 7 days after it convenes, it shall

enact a law calling for a special
election to elect a president and vice
president, to be held between 45 to 60
days from the day of such call.

LEGISLATIVE
DEPARTMENT...

The holding of the special elect cannot be postponed.

Not later than 30 days after the election, congress shall again act as board of canvassers for election for President and Vice president

Under the constitution, a VACANCY IS FILLED BY THE 100TH DAY FROM THE TIME VACANCY OCCURS. The law so passed is exempted from the presidential certification as to necessity of immediate
enactment under art vi sec 26(2) and the certification by the national treasurer of the availability of funds or that the same shall be raised by a corresponding revenue proposal. APPROPRIATIONS FOR
THE SPECIAL ELECTION SHALL BE CHARGED AGAINST ANY CURRENT APPROPRIATIONS.
3. Decide the disability if the President because the Cabinet disputes his assertion the heis able to discharge his duties.
4. Legislative veto or extension of suspension of privilege of habeas corpus or declaration of martial law
5. Approval of presidential amnesties
6. Concur in treaties
7. Declaration of war and delegation of emergency powers
8. Power with regard to utilization of natural resources
9. Constituent power
10. The power of impeachment

Executive

Qualifications

Election

Term of office

Privileges

Prohibitions/Inhibitions

Department
President

vice
-president

-natural born citizen of the

philippines
-registered voters
-able to read and write
-40 years of age on the
day of the election
-resident
of
the
Philippines for at least 10
years
immediately
preceding the election.

REGULAR
President and VP shall be elected by direct
voted of the people for a term of 6 years
which shall begin on the noon of June 30
next following the day of election.
SPECIAL
If a vacancy occurs in the offices of the
President and VP more than 18 months
before the date of the next regular
presidential election, a special election to
elect the President and VP shall be called
by Congress.

The term of the President is also 6 years

without re-election.

The term of the vice president is also 6

years but limited to two successive
terms.

Art vii, sec 6

The President shall have an official residence. He
receives a compensation to be fixed by law. His
compensation shall not be increased or decreased
during his term of office. Any increase may take effect
only after the expiration of his term. He shall not
receive during his tenure any other emolument from
the Government or any other source.

(See Art vii, section 13)

To prevent the use or abuse of their office for personal
advantage, the President, VP, Members of the Cabinet and their
deputies and assistants are prohibited, during their tenure, from
holding any other office or employment, practicing any
profession, participating, directly or indirectly, in any business
and being financially interested, directly or indirectly, in any
contact with, or in any franchise, or special privilege granted by
the Government or any subdivision, agency, or instrumentality
thereof, including GOCC or their subsidiaries.
The president can however, assume a Cabinet post because the
departments are mere extensions of his personality. Also under
Art xii, sec 9 of the constitution, the PRESIDENT IS THE
CHAIRMAN of the National Economic Development Authority
(NEDA).

(ruther discussions below)

*for this purpose, voluntary renunciation

of the office for any length of time shall
not be considered as an interruption of
the continuity of the service for the full
term for which he was elected.

Nepotism. The President is prohibited from appointing his

spouse and relatives by consanguinity or affinity within the 4th
civil degree as members of the constitutional commissions,
members of the office of the ombudsman, secretaries or
undersecretaries or chairmen or heads of bureaus or offices,
including GOCC and their subsidiaries.
This is clearly intended to prevent the President from being
moved or affected by personal relations or favoritism in making
appointments to the detriment of public service and good
government

SPECIAL ELECTION
If a vacancy occurs in the offices of the President and VP more
than 18 months before the date of the next regular presidential
election, a special election to elect the President and VP shall be
called by Congress.
A special election may not be called on the basis of a conditional
resignation by the incumbent President.
The Constitution is silent as to whether the person so elected in
the special election shall serve only for the unexpired portion of
the term, and whether the new President can run for re-election if
he has not served for more than four years. It is submitted that a
person who serves for less than four years can still run for reelection as the situation is similar to that contemplated under art
vii, sec 4.
Canvassing of election returns. (art vii, sec 4)
Presidential Electoral Tribunal (art vii, sec 4(7))
-while election controversies involving members of Congress are
under the exclusive jurisdiction of their respective electoral
tribunals, those contests involving the President and Vice
President fall under the jurisdiction of the Supreme Court, sitting
en banc.

The pendency of the term that commences on June 30. In case

of vacancy before the beginning of the term, the Presidentelect may not be able to assume his post because of any of the
ff reasons:
a.
b.

He has not yet qualified. For example, he may have

an ailment that prevents him from taking his oath.
He has not been chosen and has not yet qualified. It
may happen that congress has not proclaimed the
winner yet because canvassing has not been
completed or a tie has ensued and it has not been
broken.

In the above instances, the VP shall act as President until the

President-elect shall have qualified, or shall have been chosen
and qualified, as the case may be.
If the President-elect dies, or becomes permanently disabled at
or before the beginning of the term, the VP-elect shall become
the President. If both the President and VP are not able to
assume their posts because they have not been chosen, have
not qualified, died, or have become permanently disabled, the
Senate President, or in case of his inability, the Speaker of the
House, shall act as Presidents until a President or a Vicepresident shall have been chosen and qualified.

Oath of office. The oath taking marks the formal induction of the
President into office. There is authority to the view that the oath
adds no legal obligation nor additional powers to the President.

In case both the Senate President and the Speaker are unable
to act as the one who will act as President until a President or
shall have been either chosen or elected pursuant to the
special election referred to in Article VII sec 10 and shall have
qualified.

SUCCESSION (see Article VII, secs 7 and 8)

Permanent vacancy in the Presidency during the term

Vacancy in the presidency before the beginning of the term.

In the event of the Presidents death, permanent disability,

removal from office, or resignation, the Vice-President shall
become President for the unexpired portion of the term. In
case of death, permanent disability, removal from office, or
resignation,

The constitution provides for TWO sets of rules in

succession depending on whether the vacancy took
place before the beginning of the term on June 30, or
during the pendency of

of BOTH the president and vice-president, the Senate

President, or in case of inability, the Speaker of the
House, shall act as President until the President or
Vice-President shall have been elected pursuant to the
special election in Art VII, sec 10 and shall have
qualified.
When the Acting President (the Senate President or
Speaker) dies, become permanently disabled, or
resigns, Congress shall, by law, provide who shall be
the Acting President until the President or Vicepresident shall have been elected pursuant to the
special election in Article VII, sec 10, and shall have
qualified.
Comparison of the rules on Vacancies:

Congress must pass the law on succession in

the event that the President, Vice-President,
Senate President, and the Speaker are all
unable to act as President.
In the case of a vacancy occurring BEFORE
THE TERM, the law should provide for the
MANNER of selecting the Acting president. If
the vacancy occurs DURING THE TERM, the
law should provide for the PERSON who shall
act as President.
In both cases, the stint of the Acting President
is temporary.
When the vacancy occurs BEFORE THE
TERM, the Constitution talks of the successor
acting as president until a president has been
choses and qualified.
If it occurs DURING THE TERM, it talks of
elected and qualified.
The reason is that before the term, the
vacancy in the presidency need

Not be filled up by election, since it may

be filled up by a vote of Congress in
case of a tie.

During the term, the only way

to fill up the vacancy is by
special election.

A special election in both

cases is held pursuant to art
vii, sec 10, only when BOTH
offices of President and VicePresident are vacant.

However, if the vacancy

occurs BEFORE THE TERM,
the grounds are limited to
death
and
permanent
disability.

The vacancy that occurs

before the term may be
temporary or permanent.

The vacancy that occurs

DURING
THE
TERM,
however, can only be a
permanent one.
Temporary inability of the President
during the term (art vii, sec 11)
The president may be temporarily
unable to discharge the functions of his
office. The constitution provide for the
ways by which this inability be made
known or determined:
1.

By a written declaration made

by the president himself as to
his inability
2. By a written declaration by the
Cabinet that the President is
unable to discharge the
functions of his office.
3. In the event of disagreement
between the President and the
Cabinet finding of Congress by
vote that the President is
disabled.
In all these cases, the President takes a
leave of absence and Vice-President
temporarily acts as the President.
Serois

CONCOM

Composition

Qualifications

Jurisdiction

Constitutional Objective/Function

Disqualifications and other inhibitions

Civil Service
Commission

- A Chairman
Two
Commissioners.

-natural born citizen

-at least 35 years of age
at
the
time
of
appointment
-proven
capacity
for
public administration
-must not have been
candidates
for
any
elective position in the
election
immediately
preceding
their
appointment
-appointed
by
the
President
with
the
consent
of
the
Commission
of
Appointments
- Term of 7 years without
reappointment
-Any member shall not be
appointed or designated
in a temporary or acting
capacity
-No officer or employee
of the civil service shall
be
removed
or
suspended except for
cause provided by law
(Sec 2 (3), Art IX-B)

SCOPE: Embraces all branches, subdivisions, and agencies of the

Government including GOCCs with original charters (Sec 2 (1) Art IXB)
-CSC has been granted jurisdiction over all civil service positions in
the government service, whether career or non-career.
Appellate Jurisdiction- The appellate power of the CSC will only
apply when the subject of the administrative cases filed against
erring employees is in connection with the duties and functions of
their office, and not in cases where the acts of complainant arose
from cheating in the civil service examinations.

As the central personnel agency of the Government, to

establish a career service and adopt measures to promote
morale,
efficiency,
integrity,
responsiveness,
progressiveness and courtesy in the civil service. To
strengthen the merit and rewards system, integrate all
human resources development programs for all levels and
ranks, and to institutionalize a management climate
conducive to public accountability [Sec. 3, Art. IX-B)
Powers to implement RA 6850 granting civil service
eligibility to employees under provisional or temporary
status who have rendered 7 years of efficient service
-Power to hear and decide administrative cases instituted
before it directly by appeal, including contested
appointments.
-Original jurisdiction to hear and decide a complaint for
cheating in the CSE
-Decisions of lower level officials involving personnel
actions be appealed to the agency head, then to CSC
-RTC has no jurisdiction over personnel actions
-CSC no appellate jurisdiction over a case of separation
from government service

a) No candidate who has lost in any election shall, within

one year after such election, be appointed to any office in
the Government or any GOCC or in any other subsidiaries
(Sec 6, Art IX-B)
b) No elective official shall be eligible for appointment or
designation in any capacity to any public office or position
during his tenure
(Sec 7 (1) Art IX-B)
c) Unless allowed by law, or by the primary functions of his
position, no appointive official shall hold any other office or
employment in the Government or any subdivision, agency,
or instrumentality thereof including GOCCs or their
subsidiaries
(Sec 7 (2) Art IX-B)
Prohibitions:
a) Partisan Political Activity. No officer or employee in the
CS shall engage, directly or indirectly, in any electioneering
or partisan political campaign (Sec 2 (4), Art IX-B)
b) Right to Self-Organization. The right to self-organization
shall not be denied to government employees. (Sec 2(5),
Art IX-B)
-Govt employees may not engage in strikes to demand
changes in terms and conditions of employment because
such are provided by law
INHIBITIONS/DISQUALIFICATIONS
(same with COMELEC and COA)

Commission
on Elections

Sec 1, Art IX-C

-Chairman
-Six
commissioners.

-natural born citizen

-at least 35 years of age
-holder of a college
degree
-not candidate in the
immediately
preceding
election
-Majority including the
Chairman
must
be
members of the PH bar
----Practicing for at least
10 years
- Term of 7 years without
reappointment
-Any member shall not be
appointed or designated
in a temporary or acting
capacity
-No officer or employee
of the civil service shall
be
removed
or
suspended except for
cause provided by law
(Sec 2 (3), Art IX-B)

Judicial powers to decide all contests relating to elective local

officials
Exclusive: All contests relating to the election returs and
qualifications of all elective, regional, provincial and city officials
Appellate: All cases involving elected municipal officials decided by
the trial courts of general jurisdiction
Jurisdiction to issue writs of certiorari: The COMELEC may issue
writ of certiorari in aid of its appellate jurisdiction.

Sec 2, Art. IX-C

a) Enforce and administer all laws and regulations relative
to the conduct of plebiscite, imitative, referendum or recall
(defined in the notes)
-Promulgate own rules and regulations in the enforcement
of laws relative to elections
b) Exclusive original jurisdiction over all contests relating to
the election returns and qualifications of all elective
regional, provincial and city officials. Exclusive appellate
jurisdiction over all contests involving elective municipal
officials decided by the RTC or involving elective brgy
officials decided by the MTC and decisions therein shall be
final and executory.
c) Decide, save those involving the right to vote, all
questions affecting elections: determination of the number
and location of polling places, appointment of election
officials and inspectors and registration of voters
d) Deputize with the concurrence of the President, law
enforcement agencies, and instrumentalities for the
exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections
e) Register, after sufficient publication, political parties,
organizations, or coalitions which must present their
platform or program of government, accredit citizens arms

PROHIBITED OFFICES AND INTERESTS

a) Shall not, during tenure, hold any other office or
employment.
b) Shall not engage in the practice of any profession.
c) Shall not engage in the active management or control of
any business which in any way may be affected by the
functions of his office.
d) Shall not be financially interested, directly or indirectly, in
any contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions, agencies or
instrumentalities,
including
government-owned
or
controlled corporations or their subsidiaries

EN BANC
-Errors in tabulation of results
-Demanding the exercise of
administrative
power
of
COMELEC
-Violation of election laws

DIVISION
-Adjudicatory or quasi-judicial
functions
-All election cases, including preproclamation contests
-Petition to cancel a certificate of
candidacy
-Cases appealed from the RTC
have to be heard in Division
before in en banc
-Petition for certiorari filed with
Commission from a decision of
RTC

Commission
on Audit

-Chairman
-2
Commissioners

-Natural born citizen

-35 yrs of age
-CPAs, not less than 10
yrs of auditing experience
-or members of the Bar,
at least 10 years practice
of law
-not
candidates
in
election
preceding
appointment
-At no time shall all
members belong to the
same profession

-No law shall be passed exempting any entity of the Government, or

any investment of public funds, from the jurisdiction of the CoA (Sec,
3 Art IX-D)
Art. IX-D, Sec. 1. The Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and expenditures or uses
of funds and property, owned or held in trust by, or pertaining to the
Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned and controlled
corporations with original charters, and on a post-audit basis:
(a) Constitutional bodies, commissions and officers that have been
granted fiscal autonomy under the Constitution
(b) Autonomous state colleges and universities;
(c) Other government-owned or controlled corporations and their
subsidiaries
(d) Such non-governmental entities receiving subsidy or equity,
directly or indirectly, from or through the government, which are
required by law or the granting institution to submit to such audit as a
condition of subsidy or equity.
Primary Jurisdiction over Money Claims Limited to liquidated
claims: -pass upon a private entitys money claims against a
provincial govt. However, the scope of the COAs authority to take
cognizance of claims is circumscribed by cases holding statutes of
similar import to mean only liquidated claims, or those determined or
readily determinable from vouchers, invoices, and such other papers
within reach of accounting officers.
No jurisdiction over their validity or constitutionality: The
jurisdiction of the COA over money claims against the government
does not include the power to rule on the constitutionality or validity
of laws.

f) File upon a verified complaint, or on its own initiative,

petitions in court for the inclusion or exclusion of voters:
investigate and where appropriate, prosecute cases of
violations of election laws.
g) Recommend to the Congress effective measures to
minimize election spending, including limitation of places
where propaganda materials shall be posted, and to prevent
and penalize all forms of election frauds, offenses,
malpractice, and nuisance candidates
h) Submit to the President and Congress a comprehensive
Powers and Duties:
a) Examine, audit and settle all accounts pertaining to the
revenue and receipts of, and expenditures or uses of funds
and property owned or held in trust or pertaining to, the
Government
b) Keep the general accounts of Government, and preserve
vouchers and supporting papers for such period as
provided by law.
c) Authority to define the scope of its audit and examination,
establish techniques and methods required therefor
d) Promulgate accounting and auditing rules and
regulations, including those for the prevention and
disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses of
government funds or property

PROHIBITED OFFICES AND INTERESTS

a) Shall not, during tenure, hold any other office or
employment.
b) Shall not engage in the practice of any profession. c)
Shall not engage in the active management or control of
any business which in any way may be affected by the
functions of his office.
d) Shall not be financially interested, directly or indirectly, in
any contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions, agencies or
instrumentalities,
including
government-owned
or
controlled corporations or their subsidiaries

CONSTITUTIONAL COMMISSIONS

DECISIONS

A. GENERAL PROVISIONS

a) Each commission shall decide by a majority

vote of all its members any case or matter
brought before it within 60 days from the date of
its submission for decision or resolution
(Sec 7, Art IX-A)

The independent constitutional commissions are

the Civil Service Commission, the Commission
on Elections, and the Commission on Audit (Sec
1, Art IX A)

-All members, not only those who participated in

deliberation

2. Safeguards insuring the independence

a. Constitutionally
established

created-

may

not

be

b. Expressly described as independent

c) Conferred certain powers and functions which
cannot be reduced by statute
d) Chairmen and members cannot be removed
except by impeachment
e) Chairmen and members are given fairly long
term of office of 7 yrs and may not be appointed
in acting capacity
g) The salaries of the chairman and members are
relatively high and may not be decreased during
the continuance of office
F) Fiscal autonomy
i) May promulgate own rules, provided they do
not diminish, increase, or modify substantive
rights
j) Chairmen and members are subject to certain
disqualifications calculated to strengthen integrity
k) Commissions may appoint their own officials
and employees in accordance with Civil Service
Law

b) Any decision, order, or ruling of each

Commission may be brought to the SC on
certiorari by the aggrieved party within 30 days
from receipt of a copy thereof
-Limited only to issues involving grave abuse of
discretion, does not ordinarily empower the Court
to review the factual findings of the Commission
-Rule 65, judgments or final orders of the
Commission of Audit may be brought by an
aggrieved party to the SC
-Rule 43, petition for review of decision of CSC
with the Court of Appeals
-Final resolutions of CSC shall be appealable by
certiorari to the Court of Appeals within 15 days.
From the decision of the CA, the party affected
shall file a petition for review on certiorari under
Rule 45
-Rule 65 of Rules of Court, appropriate remedy to
invalidate disputed Comelec resolutions
Enforcement of Decision. Final decisions of the
CSC are enforceable by a writ of execution that
CSC may itself issue.

(iii) Career Executive Service- eg., undersec,

bureau directors etc
(iv) Career Officers- other than those belonging to
Career Executive Service, appointed by the
President

Appointments in Civil Service

-made only according to merit and fitness to be
determined, as far as practicable, and except to
positions which are policy determining, primarily
confidential, or highly technical by competitive
examination (Sec 2 (2), Art IX-B)

1. Career Executive Service- positions covered:

all other 3rd level positions of equivalent category
in all branches and instrumentalities of the
national government, including GOCC
-above chief level, and duties of the position
require performance of executive or managerial
functions

Permanent appointment can only issue to a

person who possesses all the requirements for
the position to which he is appointed.
Exception: absence of appropriate eligible, he or
she may be appointed to the position merely in a
temporary capacity for a period of 12 months,
unless sooner terminated

Position belonging to CES does not automatically

confer security of tenure, it depends on the
nature of appointment which in turn, depends on
eligibility or lack of it

Exempt
from
competitive
examination
requirement:
i) Policy determining- officer lays down principal
or fundamental guidelines or rules, formulates a
method of action for government or any of its
subdivisions (dept heads)
ii) Primarily confidential- denoting not only
confidence in the aptitude of the appointee for the
duties of the office but primarily close intimacy
which ensures freedom of intercourse without
embarrassment or freedom from misgivings or
betrayals on confidential matters of the state, or
one so declared by the President
iii) Highly technical- requires possession of
technical skill or training in a supreme or superior
degree

Security of Tenure of CES

a. Career Executive Service Eligibility
b. appointment to appropriate career executive
service rank
Security of tenure only pertains to rank and not to
the office or to the position to which they may be
appointed.
2 Non-Career Service entrance on bases other
than those of the usual tests utilized for the
career service, tenure limited to a period
specified by law or co-terminus with that of the
appointing authority or subject to his pleasure, or
which is limited to the duration of a particular
project for which purpose the employment was
made.
(i) Elective officials, personal and confidential
staff

CIVIL SERVICE COMMISSION

CLASSES OF SERVICE

(ii) Department heads and officials of Cabinet

rank who hold office at the pleasure of President

ROTATIONAL SCHEME OF APPOINTMENTS

The first appointees shall serve terms of seven,
five, and three years, respectively.
After the first are appointed, the rotational
scheme is intended to prevent the possibility of

a) Career Service- characterized by entrance

based on merit and fitness to be determined, as
far as practicable by competitive exams, or based
on highly technical qualification, opportunity for
advancement to higher career positions; and
security of tenure.

(iii) Chairmen and members of commission and

boards with fixed terms of office and
personal/confidential staff
(iv) Contractual personnel and whose
employment in government is in accordance with

Discretion of appointing authority

-where the appointee possesses the minimum
qualification requirements prescribed by law for
the position, the appointing authority has the
discretion who to appoint
-Vacancy not mandatory to be filled by promotion,
appointing authority should
be allowed the
choice of men of his confidence, provided they
are qualified and eligible
-Discretion also is exercised in determining the
nature of the appointment: permanent or
temporary
Role of Civil Service Commission:
All that the Commission is authorized to do is to
check if the appointee possesses the
qualifications and appropriate eligibility: If he
does, his appointment is approved; it not, it is

have the power to terminate employment or to

drop members from the rolls
Civil Service Law does not contemplate a review
of decisions exonerating officers or employees
from administrative charges was abandoned in
Civil Service
Protection to Temporary Employees.
Temporary employees of the Government shall
be given such protection as may be provided by
law [Sec. 2(6), Art. IX-B].
Standardization of Compensation. The
Congress shall provide for the standardization of
compensation of government officials and
employees, including those in government-owned
or controlled corporations with original charters,
taking into account the nature of the
responsibilities pertaining to, and the
qualifications required for their positions [Sec. 5,
Art. IX-B]
Double Compensation.
No elective or appointive public officer or
employee shall receive additional, double or
indirect
compensation,
unless
specifically
authorized by law, nor accept without the consent
of Congress, any present, emoluments, office or
title of any kind from any foreign government.
Pensions and gratuities shall not be considered
as additional, double or indirect compensation
[Sec. 8, Art. IX-B].
Oath of Allegiance.
All public officers and employees shall take an
oath or affirmation to uphold and defend this
Constitution [Sec. 14, Art. IX-B], Relate this to
Sec. 18, Art. XI, which provides that public
officers and employees owe the State and this
Constitution allegiance at all times.
THE COMMISSION ON ELECTIONS
Comelec decisions reviewable by the
Supreme Court
-Only decisions of the COMELEC en banc may
be brought to the SC on certiorari
-Only those made in the exercise of its
adjudicatory or quasi-judicial power

one President appointing all the Commissioners

-The terms of the first commissioners should start
on a common date
-Any vacancy due to death, resignation, or
disability before the expiration of the term should
be filed only for the unexpired balance of term
i) Power is subject to Sec 5 (5), Art VIII, which
provides that rules of procedure of special courts
and quasi judicial bodies shall remain effective
unless disapproved by the SC
ii) Procedural rules in election cases are
designed to achieve not only a correct but also an
expeditious determination fo the popular will of
the electorate
Comelec has the authority to suspend the
reglementary periods provided by its rules, or the
requirement of certificate of non-forum shopping,
in the interest of justice and speedy resolution of
cases. The Comelec is likewise not constrained
to dismiss a case before it by reason of nonpayment of filing fees
No pardon, amnesty, parole, etc., for violation of
election laws shall be granted by the President
without its favorable recommendation [Sec. 5, Art.
IX-C
Comelec cannot exercise the power of
apportionment
The Comelec is without authority to reapportion
the congressional districts, as only Congress is
vested with such power
Power to declare failure of election
a) the election in any polling place has not been
held on the date fixed on account of force
majeure, violence, terrorism, fraud or other
analogous causes
b) the election in any polling place had been
suspended before the hour fixed by law for the
closing of the voting on account of force majeure,
violence, terrorism, fraud or other analogous
causes
c) after the voting and during the preparation and
transmission of the election returns or in the
custody or canvass thereof such election results
in a failure to elect on account of force majeure,
violence, terrorism, fraud or other analogous

Positions:
(i) Open career- prior qualification in an
appropriate examination is required
(ii) Closed career- eg., scientific or highly
technical in nature
The Comelec has exclusive jurisdiction to
investigate and prosecute cases for violations of
election laws
Additional Notes:
Initiative- The power of the people to propose
amendments to the Constitution or to propose
and enact legislation through an election called
for that purpose.
Referendum- The power of the electorate to
approve or reject legislation through an election
called for that purpose.
Recall- The termination of official relationship of
a local elective official for loss of confidence prior
to the expiration of his term through the will of the
electorate
Plebiscite- The submission of constitutional
amendments or important legislative measures to
the people for ratification.
COMMISSION ON AUDIT
Powers and Duties (Sec 2, Art IX-D)
a. Examine, audit, settle and accounts pertaining
to the revenue and receipts of, and expenditures
or uses of funds and property owned or held in
trust or pertaining to, the Government
i)
On
post-audit
basis:
Constitutional
Commissions and bodies or offices granted fiscal
autonomy under the Constitution; autonomous
state
colleges
and
universities;
other
government-owned or controlled corporations
and their subsidiaries; and non-governmental
entities receiving subsidy or equity, directly or
indirectly, from or through the Government
ii) Temporary or special pre-audit: where the
internal control system of the audited agency is
inadequate
iii) The duty to pass in audit a salary voucher is

a special contract to undertake a specific work or

job requiring special or technical skills not
available in the employing agency, to be
accomplished within a specific period not
exceeding one year
(v) Emergency and seasonal personnel
b) Keep general accounts of government and
preserve vouchers and supporting papers for
such period as provided by law under their own
responsibility, with the minimum direction and
supervision
c) Authority to define the scope of its audit and
examination, establish techniques and methods
required therefor.
d) Promulgate accounting and auditing rules and
regulations, including those for the prevention
and disallowance of irregular, unnecessary,
expensive, extravagant, or unconscionable
expenditures or uses of government funds or
property

disapproved
- Its functions and authority are limited to
approving or reviewing appointments to
determine their compliance with requirements of
the Civil Service Law. On its own, the
Commission does not

The Comelec en bach shall promulgate rules

concerning pleadings and practice before it or
before any of its offices, but they must not
diminish, increase, or modify substantive rights
(Sec 6, Art IX-A)

causes.
But the Comelec is not authorized to make an
unofficial quick count of presidential election
results. The sole and exclusive authority of
Congress to canvass the votes for Pres and VP
Power to cite for contempt. The Comelec has
the statutory power to cite for contempt, but the
power may be exercised only while the Comelec
is engaged in the performance of quasi-judicial
functions

discretionary
- Commission on Audit may validly veto
appropriations
which
violate
rules
on
unnecessary,
irregular,
extravagant
or
unconscionable expenses
iv) The nature or purpose of the corporation is not
material in determining COAs audit jurisdiction.
Neither is the manner of creation of a corporation,
whether under a general or special law.