LEGISLATIVE
Legislative power shall be vested in the Congress
of the Philippines which shall consist of Senate and
House of Rep., except to the extent reserved to the
people by the provision on initiative and
referendum. (Sec. 1)
SENATE- upper house
Composition: composed of 24 senators who are
elected at large by the qualified votes xxx.
Headed by: Senate shall elect its President xxx by
majority vote if all its members(sec. 16(1))
Qualification(sec. 3):
(1) A natural born Filipino citizen
(2) Atleast 35 years of age
(3) Able to read and write
(4) A registered voter
(5) A resident of the Phil. For not less than 2
yrs. Immediately preceding the day of
election
Term of office(Sec. 4): 6 years w/ reelection of 2
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.
HOUSE OF REPRESENTATIVE- lower house
A member of lower house acts and speak in behalf
of the people of a geographical constituency which
elected him.
Composition: Composed of not more than 250
members unless otherwise provided by law
who shall be elected from legislative districts
apportioned among the provinces, cities and
Metropolitan Manila(sec. 5(1))
Headed by: House of Rep. shall elect its Speaker,
by majority vote of all its respective member (sec.
EXECUTIVE
Executive Power shall be vested in the President
of the Philippines (sec. 1)
PRESIDENT
Qualification (sec. 2):
(1) A natural born Filipino citizen
(2) A registered voter
(3) Able to read and write
(4) Atleast 40 years of on the day of the
election
(5) A resident of the Philippines for atleast 10
years before the election
VICE PRESIDENT
(sec. 3) Who shall have the same qualification
and term of office and be elected with and in
the same manner as the President. May be
removed in the same manner as the President.
Election: The President is elected all over the
Philippines by the qualified voters of the country
held on the 2nd Monday of May. The regular
election of the President is fixed at intervals of 6
years. (sec. 4)
- Returns of every election for Pres. and VP
shall be transmitted to the Congress the
same shall be open in the presence of
Senate and H.of Rep. and canvass the
votes (sec. 4(4))
- Highest number of votes shall be
proclaimed elected. If there is a tie,
Member of Congress shall vote separately
Term of office (Sec. 4): President and VP shall be
elected by direct vote of the people for a term of 6
years. The President shall not be eligible for
reelection
No person who succeeded as President and has
served as such for more than 4 years shall be
qualified for election to the same office at any
JUDICIAL
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. (sec. 1)
Organization of the Judiciary
 Supreme Court
 Court of Appeal- court hears civil and
criminal cases appeal from RTC
 Regional Trial Court- There are 13of these
courts one for each 13 regions
 Municipal Trial Court or Municipal Circuit
Trial Court- courts in cities and
municipalities.
In addition to these regular court
there are 2 special courts(limited
jurisdiction):
 Court of Tax Appeal- it has jurisidcition over
tax cases
 Sandiganbayan- is a special anti-graft
court. It decide case =s involving graft and
corruption by government officials and
employees.
2 special legal bodies
 Judicial and Bar Council sec. 8
Composed of :Chief Justice as ex officio
Chairman; Sec. of Justice; Rep. of Congress as
ex officio members, a representative of
Integrated Bar, professor of law, a retired
Member of SC, and a rep. of private sector
Appointed by President for a term of 4
years w/ consent of COA
Function: recommending appointees to the
Judiciary. It may exercise other functions as SC
may assign to it.
 Ombudsman (Tanodbayan)- it hears graft
and corruption cases which is committed by
any gov’t officials
16(1))
2 kinds of representation
 District Representative
-is elected directly by registered voters in a
geographical district the representative seeks to
represent
 Party list representative
-shall constitute 20% of the total number of the
rep.
Sectoral Rep- labor, peasant, urban poor,
indigenous cultural communities, women, youth
and other sectors except religious sector (sec.
5(2))
RULES ON APPORTIONMENT:
(1) In accordance with the respective
number of their inhabitants, and on the
basis of uniform and progressive ratio
(sec. 5(1))
(2) Legislative district comprise contiguous,
compact, and adjacent territory
(sec.5(3))
(3) Population of atleast 250K, shall have
atleast 1 rep. (sec. 5 (3))
(4) W/in 3 years following the return of
census, Congress shall make
reapportionment of legislative base on
this standard (sec. 5(4))
Qualifications(sec.6):
(1) Natural born Filipino citizen
(2) At least 25 years of on the day of election
(3) Able to read and write, except party list rep.
(4) Registered voter in the district in which he
shall be elected
(5) Resident thereof for a period not less than 1
yr immediately preceding the day of the
election
Term of office(sec. 7): 3 yrs which begins at
noon on the 30th day of June following their
elections. No member of the House shall serve for
more than 3 consecutive terms.
Powers:
General: To enact laws
Process of making a law sec. 26 & 27
(1) Ever bill passed by the Congress shall embrace
time.
VP shall not serve for more than 2 successive
terms. Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of the service for the
full term for which he was elected.
Powers:
 POWER TO ENFORCE LAW- the President
implements the law of the land. He or she can
issue executive orders to implement the law
Composition: Supreme Court is the highest
court of the land. Composed of 15 members, the
Chief Justice and 14 Associates Justices. (sec.
4(1))
Appointed by the President from atleast 3
nominees prepared by JBC.(sec. 9)
Qualification (sec. 7):
(1) A natural born Filipino citizen
(2) Atleast 40 years of age
(3) A judge of a court of record or engaged
in the practice of law in the Philippines
for atleast 15 years
Lower Court Qualifictaion(sec. 7(2)):
(1) Congress shall prescribe qualification of
judges of lower courts
(2) he is a citizen of the Philippines
(3) Member of Phil. Bar.
Addtl: Proven competence, integrity, probity and
independence (Sec. 7(3))
Term of office: shall hold office during good
behavior until they reach the age of 70 years or
become incapacitated to discharge the duties of
their office.
May be removed only by impeachment (Sec. 2
Art. XI)
Powers:
Original jurisdiction:
 Judicial Review- it interprets the
Constitution and can declare any treaty,
only one subject which shall be expressed in the
title thereof.
(2) No bill passed by either House shall be come a
law unless it has passed three readings on
separate days, and printed copies thereof in its
final form have been distributed to its Members
three days before its passage, except when the
President certifies to the necessity of its
immediate enactment to meet a public
calamity or emergency. Upon the last reading of
a bill, no amendment thereto shall be allowed, and
the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the
Journal.
Section 27: (1) Every bill passed by the Congress
shall, before it becomes a law, be presented to the
President. If he approves the same, he shall sign it;
otherwise, he shall veto it and return the same with
his objections to the House where it originated,
which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such
reconsideration, 2/3 of all the Members of such
House shall agree to pass the bill, it shall be sent,
together with the objections, to the other House by
which it shall likewise be reconsidered, and if
approved by two-thirds of all the Members of that
House, it shall become a law. In all such cases, the
votes of each House shall be determined by yeas
and nays, and the names of the Members voting for
or against shall be entered in its Journal. The
President shall communicate his veto of any bill to
the House where it originated within thirty days
after the date of receipt thereof; otherwise, it shall
become a law as if he had signed it.
Rule on law sec. 24, 28-31
Sec. 24: All appropriation, revenue, or tariff
bills, bills authorizing increase of the public
debt, bills of local application, and private bills
shall originate exclusively in the House of
Representatives, but the Senate may propose
or concur with amendments.
Appropriation Bill – one, the primary and specific
purpose of which is to authorize the release of
funds from the public treasury.
Revenue Bill - one that levies taxes and raises
funds for the government.
Tariff Bill - one that specifies the rates or duties to
 POWER TO CONTROL(Sec. 17) - Pres.shall
have control of all executive departments,
bureaus and offices. He shall ensure that the
laws are faithfully executed
Control- the power of an officer to alter or modify
or nullify or set aside what a subordinate officer
had done in the performance of his duties and to
substitute the judgment of the former for the
latter.
 SUPERVISORY POWER- exercise general
supervision over all local governments as
may be provided by law.
Limitation: the President or any of his or her
alter egos cannot interfere in local affairs as long
as the concerned local government unit acts within
the parameters of the law and the Constitution.
Supervisory power, when contrasted with control,
is the power of mere oversight over an inferior
body; it does not include any restraining authority
over such body,"
 BUDGETARY POWER (sec. 22)- he submits
to the Congress the proposed budget of
income expenditures of the Gov’t
 BORROWING POWER (Sec. 20)- he can
make or guarantee foreign or domestic loans
on behalf of the Republic, subject to certain
limitation.
 VETO POWER- (1) Every bill passed by the
Congress shall, before it becomes a law, be
presented to the President. If he approves
the same, he shall sign it; otherwise, he shall
veto it and return the same with his
objections to the House where it originated,
xxx The President shall communicate his veto
of any bill to the House where it originated
within 30 days after the date of receipt
thereof; otherwise, it shall become a law as if
he had signed it.
(2) President shall have the power to veto any
particular item/items in an appropriation, revenue,
or tariff bill
Veto power of the President- 1ST PARAGRAPH
Sec. 27-refers to the general veto power of
executive order or legislative act invalid
because it is in conflict with the law
Requirements:
(1) An actual controversy calling for the
exercise of judicial power
(2) Person challenging the act must have
“standing”; he must have personal and
substantial interest in the case that he
has sustained or will sustain direct injury
as a result of its enforcement
(3) Question of constitutionality must be
raised at the earliest possible
opportunity
(4) The issue of constitutionality must be
the very lis mota of the case
(5) Pure questions of law
 Exercise original jurisdiction over cases
affecting ambassadors, other public
ministers and consuls, and over petitions
for certiorari, prohibition, mandamus, quo
warranto and habeas corpus.
Appellate jurisdiction:
 Review the judgment of lower courts (sec.
5(2))
i. Cases of constitutionality if any treaty,
executive agreement, presidential decree
(sec. 5(2a))
ii. Legality of tax, impost, assessment, or any
penalty imposed in relation thereto (Sec.
5(2b))
iii. Jurisdiction of lower court is in issue (sec.
5(2c))
iv. Criminal cases in which the penalty imposed
is reclusion perpetua or higher (sec. 5 (2d))
v. All cases which error or question of law is
involved(sec. 5(2e))
Order change of venue
 It can order a change of place of trial
Temporary assignment of judges (sec. 5
(3))
 It can temporarily assign judges of lower
courts to other places for a period of not
less than 6 months, unless the judge
consent to a longer stay
be imposed on imported articles.
Bill Authorizing Increase of the Public Debt –
One, which creates public indebtedness such as bills
for the issuance of bonds and other forms of
obligations.
Bill of Local Application - One, affecting purely
local or municipal concerns like one creating a city
or municipality.
Private Bill – one, affecting purely private interest,
such as granting a franchise.
Alvarez . Guingona – In cases of bills that must
originate exclusively in the HOR, the Constitution
does not prohibit the Senate to prepare for a bill in
anticipation of the bill coming from the Lower House
as long as it does not act on it until it receives the
bill from the HOR.
Classification of Appropriation Laws
1. GENERAL APPROPRIATION LAW – passed
annually intended for the financial operations of the
entire government during one fiscal period; and
2. SPECIAL APPROPRIATION LAW – designed for a
specific purpose
The Government Budgeting Process
1. BUDGET PREPARATION. Under Executive
Branch; covers the estimation of
government revenues, the determination of
budgetary priorities and activities within the
constraints imposed by available revenues
and by borrowing limits and the translation
of desired priorities and activities into
expenditure levels.
2. LEGISLATIVE AUTHORIZATION - Congress
deliberates or acts on the budget proposals
of the President, and the Congress in the
exercise of its own judgment and wisdom
formulates an appropriation act precisely
following the process established by the
Constitution: NO MONEY MAY BE PAID
FROM THE TREASURY EXCEPT IN
ACCORDANCE WITH AN APPROPRIATION
MADE BY LAW.
3. BUDGET EXECUTION – operation aspects of
budgeting under the Executive Branch.
4. BUDGET ACCOUNTABILITY – evaluation of
actual performance and initially approved
work targets, obligations incurred,
the President and if exercised would result in
the veto of entire Bills as a general rule. 2ND
PARAGRAPH-refers to item veto or line veto
power which allows the President to veto
over a particular item or items in an
appropriation, revenue or tariff bill. BUT the
President may not veto less than all of an item of
an Appropriation Bill. (Gonzales v Macaraig)
 MILITARY POWER- Sec. 18
provision grants the President, as Commander-in-
Chief the following:
i. the calling out power
ii. the power to suspend the privilege of the
writ of habeas corpus, and
iii. the power to declare martial law.
In the exercise of the latter two powers, the
Constitution requires the concurrence of two
conditions, namely,
a. an actual invasion or rebellion, and
b. that public safety requires the exercise of
such power.
c. For a period of not exceed 60 days
d. w/in 48 hrs, the Pres. shall submit a report
in the Congress
Those conditions are not required in the exercise
of the calling out power. The only criterion is that
'whenever it becomes necessary,' the President
may call the armed forces 'to prevent or suppress
lawless violence, invasion or rebellion.
Powers which can be exercised by the President as
Commander-in-Chief only where there is a valid
declaration of Martial Law or suspension of the
writ of habeas corpus.
(a) arrests and seizures without judicial warrants;
(b) ban on public assemblies; (c) take-over of
news media and agencies and press censorship;
and (d) issuance of Presidential Decrees
• Fortun v Arroyo although the
Constitution reserves to the Supreme
Court the power to review the sufficiency
of the factual basis of the proclamation or
suspension in a proper suit, it is implicit
that the Court must allow Congress to
exercise its own review powers, which is
automatic rather than initiated. Only when
Power of Appointment (sec. 5(6))
 It appoints judiciary officials and employees
in accordance to Civil Service Law
Power of Administrative Supervision (sec.
6)
 SC shall have administrative supervision
over all courts and the personnel thereof
 It can discipline judges of lower courts or
order their dismissal
Promulgate rules concerning the protection
and enforcement of constitutional rights
(sec. 5 (5))
Requirements:
a. Provide simplified procedure for speedy
disposition of the case
b. Uniform for all courts of the same grade
c. Not diminish , increase or modify
substantive rights
Annual Report (sec. 16)
 The SC shall submit, w/in 30 days from
opening of each regular session of
Congress, to the President and to Congress
an annual report on the operations and
activities of the Judiciary. (Sec. 16)
Disciplinary Power (sec. 11)
SC have the power to discipline judges of lower
courts or order their dismissal by vote of
majority of the Members who actually took part
in deliberations on the issues in the case and
voted thereon.
 personnel hired and work accomplished are
compared with the targets set at the time
the agency budgets were approved.
TOLENTINO V. SECRETARY OF FINANCE
D: Because revenue bills are required to originate
exclusively in the House of Representatives, THE
SENATE CANNOT ENACT REVENUE MEASURES
OF ITS OWN WITHOUT SUCH BILLS.
HOWEVER, AFTER A REVENUE BILL IS PASSED
AND SENT OVER TO IT BY THE HOUSE, THE
SENATE MAY CERTAINLY PASS ITS OWN
VERSION ON THE SAME SUBJECT MATTER. This
follows from the co-equality of the two chambers of
Congress. As petitioner Tolentino states in a high
school text, a committee to which a bill is referred
may do any of the following:
(1) To endorse the bill without changes;
(2) To make changes in the bill omitting or
adding sections or altering its language;
(3) To make and endorse an entirely new bill
as a substitute, in which case it will be
known as a committee bill; or
(4) To make no report at all.
Once the HoR has approved a revenue bill and
passed it on to the Senate, the Senate can
completely overhaul it, by amendment of parts or
by amendment by substitution, and come out with
one completely different from what the House
approved
Section 28: (1) The rule of taxation shall be
uniform and equitable. The Congress shall evolve a
progressive system of taxation.
(2) The Congress may, by law, authorize the
President to fix within specified limits, and subject
to such limitations and restrictions as it may
impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or
imposts within the framework of the national
development program of the Government.
(3) Charitable institutions, churches and
parsonages or convents appurtenant thereto,
mosques, nonprofit cemeteries, and all lands,
buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or
educational purposes shall be exempt from
Congress defaults in its express duty to
defend the Constitution through such
review should the Supreme Court step in
as its final rampart. The constitutional
validity of the President’s proclamation of
martial law or suspension of the writ of
habeas corpus is first a political question in
the hands of Congress before it becomes a
justiciable one in the hands of the Court.
 DIPLOMATIC POWER- he determines the
foreign policy of Republic, as such he may
deal with other states and their gov’t & int’l
organization. He also enters treaties and
agreements w/ foreign gov’t
because of the foreign relation of the president he
can:
o Negotiate treaties and int’l agreements
o Appoint ambassadors and other public
ministers
o Deport undesirable aliens
o Contract pr guarantee loans on behalf of
the Phil.
o Officially recognize and have dealings with
newly risen States or new administration
in an existing state.
 POWER TO APPOINT (sec. 16)- he
appoints public officials and military officers
2 kinds of appointment
o Regular appointment- is one made by
the President while the Congress is in
session.
- Need to be approved by Commission on
Appointment
o Ad interim appointment- is the
appointment made by President while the
Congress is not in session or during the
recess. Permanent in nature.
o By pass appointment- those appointed
during ad interim but not approved or
disapproved by CA.
Kinds of official whom the President has the power
to appoint
A. Those whose appointment are vested on
him by the Constitution and whose
appointment need the confirmation of the
CA, namely:
taxation.
(4) No law granting any tax exemption shall be
passed without the concurrence of a najority of all
Members of the Congress.
Section 30: No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and
concurrence.
Specific:
 POWER OF APPROPRIATION- to approve
annual budget of the government
Rule on Appropriation
(1) The Congress may not increase the
appropriations recommended by the President for
the operation of the Government as specified in the
budget. The Form, content, and manner of
preparation of the budget shall be prescribed by
law.
(2) No provision or enactment shall be embraced in
the general appropriations bill unless it relates
specifically to some particular appropriation therein.
Any such provision or enactment shall be limited in
its operation to the appropriation to which it
belongs.
(3) The procedure in approving appropriations for
the Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies.
(4) A special appropriations bill shall specify the
purpose for which it is intended, and shall be
supported by funds actually available as certified by
the National Treasurer, or to be raised by a
corresponding revenue proposal therein.
(5) No law shall be passed authorizing any transfer
of appropriations, however, the President, the
President of the Senate, the Speaker of the House
of Representatives, the Chief Justice of the
Supreme Court, and the heads of Constitutional
Commission, may, by law, be authorized to
augment any item in the general appropriations law
for their respective offices from savings in other
items of their respective appropriations.
(6) Discretionary funds appropriated for particular
officials shall be disbursed only for public purposes
to be supported by appropriate vouchers and
subject to such guidelines as may be prescribed by
law.
(7) If, by the end of any fiscal year, the Congress
o Head of executive Dept
o Ambassadors, other public ministers and
consuls
o Officers of AFP from rank of colonel or
naval capt.
o Officers whose appointments are vested in
him by the constitution
- members of Judicial Bar Council
- members of Constitutional Commission
B. Those whose appointments are vested on
him by the constitution but whose
appointments do not need any
confirmation by CA such as:
o Members of SC and Judges of Lower
Courts who were recommended by JBC
o Ombudsman and his deputies
C. Those whose appointments are vested in
him by law, such as:
o Heads of Bureaus, administrative
agencies, undersecretaries, head of
GOCC’s, these need not be approved by
CA
 EXECUTIVE CLEMENCY (sec. 19)- the
President may grant reprieves,
commutations, and pardons and remit fines
and forfeitures
Limitation: (1) Cannot be granted in case of
impeachment
(2)Can be granted only after finality of
conviction
(3) For violation of election law, the favorable
recommendation of COMELEC is required
(4) Cannot be granted for legislative contempt
(4) Will not absolve the convict of civil liability
(5) Will not restore public offices forfeited
Pardon- an act of grace which exempts individual
on whom it is bestowed, from the punishment the
law inflicts for a crime he has committed
Commutation- reduction or mitigation of the
penalty to a lighter one
Reprieve- postponement of a sentence to a date
certain
Parole- release from imprisonment but without full
restoration of liberty, as parolee is still in the
custody of the law
shall have failed to pass the general appropriations
bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall
be deemed reenacted and shall remain in force and
effect until the general appropriations bill is passed
by the Congress.
Prohibition against riders- riders those which
are not germane to the purpose or subject of
the law
To remit fines and forfeiture- means that money
paid or the things confiscated from a convict are
restored to him
Amnesty- an act of grace concurred in by the
legislature, usually extended to group of persons
who committed political offenses which put into
oblivion the offense itself.

 POWER OF CONCURRENCE- no treaty or int’l

agreement shall be valid and effective unless
concurred in by atleast 2/3 of all the members
of the Senate (Sec. 21 Art.7)

 DECLARATION OF STATE OF WAR by a vote

of 2/3 of both house, voting separately (sec.
23(1))

 EMERGENCY POWER- it may delegated to

the President, in times of war or other national
emergency for a limited period (sec. 23 (2))

 INQUIRIES IN AID LEGISLATION (sec. 21)

Requisites:
a. In aid of legislation
b. In accordance with duly published rules of
procedure
c. The tight of persons appearing shall be
respected

The power of Legislative Investigation

includes:
(1) The power to issue summons and notices;
(2) The power to punish and declare a person in
contempt; and
(3) The power to determine the rules of its
proceedings (Arnault v. Nazareno)

Senate Blue Ribbon Committee v. Majaducon –

Anyone except the President and Justices of the
Supreme Court, may be summoned. Nor may a
court prevent a witness from appearing in such
hearing.

Arnault v. Nazareno – Failure or refusal to attend a

legitimate legislative investigation or contumacy of
the witness may be punished as legislative
contempt. It may include imprisonment for the
duration of the session.

Contempt - disregard of, or disobedience to, the

rules or orders of a legislative or judicial body or an
interruption of its proceedings by disorderly
behavior or insolent language in its presence or so
near thereto as to disturb its proceedings or to
impair the respect due to such a body (Lorenzo
Shipping Corp. v. Distribution Management Assoc.
of the Phil.

Arnault v. Nazareno – the questions that may be

raised in a legislative investigation do not
necessarily have to be relevant to any pending
legislation provided that they are relevant to the
subject matter of the investigation being conducted.

 OVERSIGHT FUNCTION (sec. 22)

The heads of departments may upon their own
initiative with the consent of the President, or upon
the request of either House, as the rules of each
house shall provide, appear before and be heard by
such House on any matter pertaining to their
departments. Written questions shall be submitted
to the President of the Senate or the Speaker of the
House of Representatives at least 3 days before
their scheduled appearance. Interpellations shall
not be limited to written questions, but may cover
matters related thereto. When the SECURITY OF
THE STATE, or the PUBLIC INTEREST so requires,
the appearance shall be conducted in executive
session.

This is intended to enable Congress to determine

how laws it has passed are being implemented.
EXECUTIVE PRIVILEGE – the power of the
government to withhold information from the
public, the courts, and the Congress.
OPERATIONAL PROXIMITY TEST – communications
which are close enough to the President to be
revelatory of his deliberations or to pose a risk to
the candor of his advisers are covered by the
privilege.
The President However, has a constitutional
authority to prevent a member of the armed forces
from testifying before a legislative inquiry, by virtue
of his power as commander-iin-chief, and a military
officer who defies such injunction is liable under
military justice.

 To try and decide impeachment(Judicial

function)

 CONSTITUENT FUNCTION- to propose

amendment to the constitution for a
constitutional convention (upon vote of ¾ of
all its members)

 To cancel or extend martial law declared

by the President by majority votes of all
its members (sec. 17 Art. 7)

 To define, prescribe, and apportion the

jurisdiction of various courts but may not
deprive the SC of its jurisdiction (sec. 2 Art
8)

 To prescribe qualification of judges of lower

courts xxx (sec. 7(2) Art. 8)

 ELECTORAL FUNCTION – to certify,

authenticate, and canvass votes for Pres., Vice
Pres. After the presidential election. In case of
a tie to decide the winner by a majority vote of
all the members.
ELECTORAL TRIBUNAL (Sec. 17) ELECTORAL TRIBUNAL
NATURE: Non-partisan Court. It must be Presidential Electoral Tribunal
independent of Congress and devoid of partisan - The Supreme Court sitting en banc shall be
influence and consideration. Disloyalty to the party the sole judge of all contests relating to the
and breach of party’s discipline are not valid election, returns, and qualification of
grounds for the expulsion of a member (Bondoc v. President or V.Pres. (sec. 4 (7))
Pineda)

SECURITY OF TENURE OF MEMBERS:

Membership in the House Electoral Tribunal may
not be terminated except for a just cause, such as,
the expiration of the member’s congressional term
of office, his death, permanent disability,
resignation from the political party he represents in
the tribunal, formal affiliation with another political
party he represents in the tribunal, formal affiliation
with another political party, or removal for other
valid cause. A member may not be expelled by the
House of Representatives for “party disloyalty”
short of proof that he has formally affiliated with
another political group. (Bondoc v. Pineda)
DOCTRINE OF PRIMARY ADMINISTRATIVE
JURISDICTION: Only if the House fails to comply
with the directive of the Constitution on
proportional representation of political parties in the
HRET and Commission on Appointments can the
party-list representatives seek recourse from this
Court through judicial review. PRIOR RECOURSE
TO THE HOUSE IS NECESSARY BEFORE THE
PETITIONERS MAY BRING THE CASE TO COURT.

JURISDICTION AND POWER OF ELECTORAL

TRIBUNALS:
(1) Sole judge of all contests relating to the
election, returns and qualification of their
respective members (sec. 17)

Aggabao v. COMELEC: Once a winning candidate

has been (i) proclaimed, (ii) taken his oath, and (iii)
assumed office as a Member of the HoR, COMELEC’s
jurisdiction over election contests relating to his
election, returns, and qualifications ends, and the
HRET’s own jurisdiction begins.

Electoral Tribunals have no jurisdiction over pre-

proclamation controversies, which come under the
jurisdiction of the COMELEC (COMELEC Res. No.
8804 (2010), Rules 3, Sec. 1

Pena v. HRET: The decision of the electoral tribunal

may be reviewed by the SC only upon showing of
grave abuse of discretion in a petition for certiorari
filed under Rule 65 of the Rules of Court

(2) Rule-making power

Lazatin v. HRET: The power of HRET, as the sole
judge of all contests relating to the election, returns
and qualifications of the Members of the House of
Representatives, to promulgate rules and
regulations relative to matters within its
jurisdiction, including the period for filing
election protests before it, is beyond dispute.
Its rule-making power necessarily flows from the
general power granted it by the Constitution.

INDEPENDENCE OF ELECTORAL TRIBUNAL

Suanes v. Disbursing Officer of the Senate: The

employees of the Electoral Tribunals are its own
and not of the Senate nor the House of
Representatives, nor of any other entity, and it
stands to reason that the appointment, the
supervision, and the control over the said
employees are wholly within the Tribunal itself
COMMISSION ON APPOINTMENT (Sec. 18)
- Composed of 25 members; 12 from Senate
and 12 from HR, Senate President as ex officio
Chairman, elected by each house on the basis
of proportional representation
- To approve appointments made by this
President
- Act on all appointments submitted to it w/in 30
session day. Rule by a majority votes of all the
members
- Constituted w/in 30 days after Senate and H.
of Rep shall have been organized (sec. 19)
VACANCY:
A special election may be called to fill such vacancy
in the manner prescribed by law, but the Senator/
House of Rep elected shall serve only for the
unexpired term. (Sec. 9)
SALARY:
Shall be determined by law. No increase in said
compensation shall take effect until after the
expiration of the full term of the Senate/H.Rep (sec.
10)
VACANCY: (Sec. 8)
In case of death, permanent disability, removal
from office, or resignation of the President the Vice
President shall become the President to serve the
unexpired term.
In case of vacancy of both Pres. V P, the PSenate
President or Speaker of the House of Rep. shall
then act as President until Pres. or VP shall have
been elected and qualified
(sec. 9)Vacancy in VP during the term for which he
was elected, the Pres. shall nominate a VP among
the members of Senate or House of Rep who shall
assume office upon confirmation by majority vote
of the Congress, voting separately
Incapacity of the Pres.(sec. 11)
Whenever President or majority of all members of
cabinet transmits to the Pres of Senate and
Speaker of HR written declaration that he is
unable to discharge the powers and duties of his
office xxx VP shall immediately assume the powers
and duties of the office as Acting Pres.
When the Pres. transmit to the senate and HR his
written declaration that no inability exists, he shall
reassume the powers and duties of his office.
SALARY: SALARY:
President and VP salaries shall be determined by Appropriation for the Judiciary may not be
law and shall not be decreased during their tenure. reduced by the legislature below the amount
No increase in said compensation shall take effect appropriated for the previous year and after
until after the expiration of the term approval, shall be automatically and regularly
-shall not receive any other emolument from Govt released. (Sec. 3)

Privilege: (sec. 11)
- All offenses punishable by not more than 6 yrs
imprisonment, be privilege from arrest while
the Congress is in session
- Parliamentary Freedom of Speech
REQUIREMENTS TO AVAIL OF THE PRIVILEGE
OF SPEECH AND DEBATE:
(1) That the remarks must be made while the
legislature or the legislative committee is
functioning, that is in, session; and
(2) That they must be made in connection with
the discharge of official duties
Prohibition:
- Hold any other office or employment in the
gov’t, subdivision, agency including GOCC
during his term w/o forfeiting his seat (Sec.
13)
- Appointed to any other office which have been
created during his term (Sec. 13)
- Personally appear as a counsel before any
court of justice or before Electoral Tribunal
(sec. 14)
- Interested financially in any contract with, or
in any franchise by the Gov’t, subdisvion,
agency or instrumentality thereof or GOCC
(sec. 14)
- Not intervene in any mayye before any office
of Govt for his pecuniary benefit (sec. 14)
Additional Note:
All Members of the Senate and the House of
Representatives shall, upon assumption of office,
make a full disclosure of their financial and business
interests. They shall notify the House concerned of
a potential conflict of interest that may arise from
the filing of a proposed legislation of which they are
-salary of Chief Justice and Associate Justice of
SC and judges of lower courts shall be fixed by
law. Their salary shall not be decreased.
Privilege: (sec.3)
- Shall enjoy fiscal autonomy.
Prohibition (sec. 13): Prohibition:
- Pres, VP, members of Cabinet shall not hold - shall not be designated to any agency
any other office or employment during their performing quasi-judicial or administrative
tenure functions (sec. 12)
- They shall not directly or indirectly practice - No decision shall be rendered by any court
any other profession, participate in any w/o expressing therein clearly and distinctly
business or be financially interested in any the facts and law on which it is based. (sec.
contract or franchise granted by the Govt or 14)
any subdivision thereof including GOCC - No petition for review of the court shall be
- Strictly avoid conflict of interest in the refused due course or denied w/o stating
conduct of their office the legal basis therefor. (sec. 14)
- The spouse and relatives by consanguinity or
affinity w/in 4th civil degree of the Pres shall
not be appointed as a Member of
Constitutional Commission or Office of
Ombudsman or heads of Bureaus
- Prohibited appointments, 2 months
immediately before the next election and up
to the end of his term the President or Acting
Pres shall not make appointments, except
temporary appointments to executive
positions when continued vacancies will
prejudice public service or endanger public
safety
authors. (sec. 12)
Section 15. The Congress shall convene once every
year on the fourth Monday of July for its regular
session, unless a different date is fixed by law, and
shall continue to be in session for such number of
days as it may determine until thirty days before
the opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. The
President may call a special session at any time.

Kinds of Sessions
1. Regular - convened once every year on the 4th
Monday of July, unless otherwise set by law, and
shall continue 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.
2. Special – a special session may be called by the
President at any time, usually to consider legislative
measures which the President may designate in his
call.
3. Joint Sessions
A. Voting Separately
(1) Choosing the President (Sec. 4, Art. VII)
(2) Determine President’s disability (Sec. 11, Art.
VII)
(3) Confirming nomination of the Vice President
(Sec. 9, Art. VII)
(4) Declaring the existence of a state of war (Sec.
23, Art. VI)
(5) Proposing constitutional amendments (Sec. 1,
Art. XVII)
B. Voting Jointly - to revoke or extend
proclamation suspending the privilege of the writ of
habeas corpus or placing the Philippines under
martial law (Sec. 18, Art. VII)

Section 32: The Congress shall, as early as

possible, provide for a system of initiative and
referendum, and the exceptions therefrom,
whereby the people can directly propose and enact
laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative
body after the registration of a petition therefor
signed by at least ten per centum of the total
number of registered voters, of which every
legislative district must be represented by at least
3% of the registered voters thereof.