THE THREE BRANCHES OF GOVERNMENT AND THE CONSTITUTIONAL COMMISSIONS

THE LEGISLATIVE BRANCH

Enact, amend and repeal laws.

SENATE
24 Senators

HOUSE OF
REPRESENT
250
members:
200 Dist. Reps.
50 Party-List

35 yrs old

25 yrs old

natural born
Filipino citizen
able to read
and write

same

registered
voter

residents of
RP for the last
2 yrs before
election
Elected at large

THE EXECUTIVE BRANCH

MAIN FUNCTION
Implements and executes the
law.
COMPOSITION
THE PRESIDENT
Executive power shall be vested in
the President of the Philippines.
(VII.1)

same

registered
voter
in
the district
that he is a
candidate
resident in
the district
for the last
1 yr before
election

registered voter

RP resident for at least 10

years immediately prior to
election
MANNER OF ELECTION TO OFFICE
repsThe President and the Viceby
President is elected at large.

3
years
term
maximum

THE SUPREME COURT

1 Chief Justice and 14
Associate Justices
LOWER COURTS
The judicial power shall be
vested in one Supreme Court
and in such lower courts as
may be established by law.
Judicial
power
includes the duty of the
courts of justice to settle
actual controversies involving
rights which are legally
demandable
and
enforceable,
and
to
determine whether or not
there has been a grave abuse
of discretion amounting to
lack or excess of jurisdiction
on the part of any branch or
instrumentality
of
the
Government. (VIII.1)

15 years or more a
judge of a lower
court or engaged in
law practice

of
proven
competence,
integrity, probity and
independence.

Party-list repselected thru

the Party-list
system.

Six years term of

office
Maximum of 2
consecutive terms

Interprets the law.

QUALIFICATIONS
PRES. AND VICE-PRES.
JUSTICES OF THE SC
at least 40 years old on the
At least 40 years old
day of election
Same
same

same

District
elected
districts.

THE JUDICIAL BRANCH

TERM OF OFFICE
PRESIDENT: six years term no
re-election
VICE-PRESIDENT: six years
with
1
re-election
if

The justices of the

Supreme Court and the
judges of the lower
courts are appointed by
the President.

To hold office during

good behavior until
they reach 70 yrs old
or sooner removed,
resigned
or

of
3
consecutiv
e terms
Constitutional Bodies
The Commission on Appointments:
Senate President as Ex-officio Chair
12 senators/12 Reps (basis;
Proportional repn)
The Electoral Tribunal:
Sole judge to contests relating to election,
returns and qualifications of all its respective
members.
Senate
House of Reps
3 justices of the SC
-SAME6 Senators
6
Congressmen
Basis: proportional Basis: proportional
representation
representation

successive

n/a
Manner of Succession:
1. Vacancy at the beginning of
term:
President dies: VP becomes
president.
President fails to qualify/shall not
have been chosen: VP is ACTING
president.
No Pres/VP chosen/both failed to
qualify/both have died or disabled:
Senate Pres or in his inability the
Speaker-ACTING
president
until
Pres/VP is elected
*In the event the of inability of the
aforementioned officials, congress
hall by law provide the manner in
which the one to act as Pres/VP
shall be selected.

2. vacancy during the term:

INTERNAL OFFICERS:
SENATE
HOUSE OF REPS
Senate President
Speaker
of
the
House
* AND other officers they may elect.
EXPRESS POWERS
1. General Legislative Power (VI.1, 26-27)
HOW DOES A BILL BECOMES A LAW:
1. preparation of the bill
2. first reading
3 .committee consideration/action
4. second reading
5. third reading
6. transmittal of approved bill to the other
house
7. other houses action on the approved bill
8. conference committee
9. transmittal of the bill to the President
10. presidential action on the bill
11. action on approved bill
12. action on vetoed bill
(www.congress.gov.ph)

2. Legislative Inquiry (VI.21)

3. War Powers (VI.23[1])
4. Power of Appropriation/Budget (VI.2425)
5. Taxation (VI.28)

death/permanent
disability/removal/resignation of the
Pres-VP becomes Pres
death/permanent
disability/removal/resignation of the
Pres and VP- Senate Pres or in his
inabiltiy
the
Speaker-ACTING
president
until
Pres/VP
is
elected/qualified
*In the event the of inability of the
aforementioned officials, congress
hall by law provide the manner in
which the one to act as Pres/VP
shall be selected.
n/a

POWERS
a) Executive
Power
[VII:1&17]
b) Power of Appointment
[VII:16]
(these
appointments must have
the consent of the
Commission
on
Appointments: heads of
executive departments,
ambassadors and other
public ministers and
consuls, AFP officers from
the rank of naval captain
and
colonel,
other
ministers
whose
appointment invested in
the Pres. & the regular
members of the JBC see
VIII:8(2)
c) Power
of
Removal
(IMPLIED)
d) Military powers [VII:18]
e) Pardoning power [VII:19]

incapacitated.

The Judicial And Bar

Council
To
recommend
appointees
to
the
Judiciary
and
may
exercise functions as may
be assigned by the SC.
Chief Justice as
Ex-officio
Chairman
Representative of
Congress
Representative of
the IBP*
Professor of law*
Retired member
of the SC*
Representative of
the
private
sector*
Clerk of the SC as
ex-officio
secretary
*
regular
members,
appointed by Pres. For 4 yr
term w/ consent of the CA
[VII:8(2)]

n/a

See Art. VIII:5

1. original jurisdiction
2. appellate jurisdiction
3. temporary assignment of
judges of lower courts
4. order of change of venue
of cases
5. rule-making power i.e. the
Rules of Court
6. power of appointment of
employees in accordance w/
the CSC rules
7. power of administrative
supervision
8.
Presidential Electoral
Tribunal [par. 7, Art. VII:4]

6. Power to Canvass in Presl. Elections

(VII.4[4])

7. Power to Call Special Presl. Elections

(VII.10)

8. Power to Judge the Physical Fitness of

the Pres. to discharge duties (VII.11[4])

9. Power to Extend/Revoke suspension of

Habeas Corpus/Declaration of Martial
Law (VII.18)
10. Power to Concur Amnesties (VII..19)
11. Power to Confirm Treaties (VII.21)
12. Define the Jurisdiction of Courts (VIII.2)
13. Impeachment (XI.2)
14. Power to Propose Constl. Amendments
(XVII.1[1])
IMPLIED POWER:
15. Contempt Powers
Nazareno, 87 Phil. 29)

(Arnault

vs.

There is no limit as to time to the Senates power to

punish for contempt in cases where that power may
constitutionally be exerted.

SOME LIMITATIONS TO LAW-MAKING:

1. the bill of rights
2. titles of royalty and nobility (VI.31)
3. irrepealable laws
4. jurisdiction of the SC (VI.30)
5. non-appropriation for religious purpose
( VI.29)
6. taxation provision (VI.28)
7. bills that should exclusively originate
from the House (VI.24)
8. single subject per bill (VI.26:1)

f)
g)
h)
i)
j)

Borrowing power [VII:20]

Diplomatic power [VII:21]
Budgetary power [VII:22]
Informing power [VII:23]
Residual
powers
(IMPLIED) [Marcos vs.
Manglapus,
(1989)]
whatever
is
not
legislative, not judicial is
residual power exercised
by the Pres.
k) Other powers:
Call congress to a
special
session
[VI:15]
Power
to
approve/veto
bills [VI:15]
To consent to the
deputization of
govt personnel
by the COMELEC
[IX-C:2(4)]
General
supervision
on
local govt. [Art.
X]

DISQUALIFICATIONS AND INHIBITIONS

Incompatible offices [VI:13]
Shall not hold any other
Shall
not
be
office during his tenure.
designated to any
Forbidden office
agency performing
Shall
not
practice
any
other
Shall not appear personally as counsel
quasi-judicial
or
profession during tenure.
before any court, Electoral Tribunal,
administrative
quasi-judicial and administrative bodies
Shall not be financially
functions. [VIII:12]
[VII:14]
interested in any contract
All others as provided
with,
franchise,
special
Shall not directly or indirectly be
for by law.
privilege
granted
by
the
financially interested in any contract
government.
with, franchise, and special privilege
granted by the Govt.
Avoid conflict of interest with
his office.
Shall not intervene in any matter
before any office of the govt. for his
pecuniary benefit or where he may be
called upon to act on account of his
office.
PRIVILEGES
Freedom from arrest while congress is
May not be sued
Salaries and other
in session for offenses punishable by
privileges
of
a
Salaries and other privileges
imprisonment of not more than 6 yrs.
government
of a government employee
employee
Privilege speech and of debate
Franking privilege
THE CONSTITUTIONAL COMMISSIONS
-these are independent bodies functioning for important, crucial and usually non-political government operations.
Civil Service Commission
Commission on Elections
Commission on Audit
The central personnel agency of the The agency responsible for the The agency responsible for auditing
government.
enforcement of laws governing free government expenditures.
and orderly elections.
COMPOSITION
1 CHAIRMAN
1 CHAIRMAN
1 CHAIRMAN
2 COMMISSIONERS
6 COMMISSIONERS
2 COMMISSIONERS
QUALIFICATIONS

natural born Filipino citizens

natural born Filipino citizens

natural born Filipino citizens

at least 35 years old on the date of

appointment

at least 35 years old on the date of

appointment

at least 35 years old on the date

of appointment

with proven capacity for public

administration

holders of a college degree; the

chairman and majority of the
members are lawyers engaged in
the practice of law for at least 10
years
must not have been candidates for
any elective position immediately
preceding their appointment

Certified Public Accountants

with 10 years auditing
experience or lawyers engaged
in law practice for at least 10
years.
must not have been candidates
for any elective position
immediately preceding their
appointment

must not have been

candidates for any elective
position immediately preceding
their appointment
7 years without reappointment

TERM OF OFFICE
7 years without reappointment

7 years without reappointment

SOME COMMON PROVISIONS

all are independent bodies
appointed by the president with the concurrence of the Commission on Appointments
no reappointment
enjoys fiscal autonomy
No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. (Sec. 2)
Neither shall he engage in the practice of any profession or in the active management or control of any business
which in any way may be affected by the functions of his office, nor shall he 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. (Sec. 2)
Decision shall be by majority.
COMMISSION ON HUMAN RIGHTS
OMBUDSMAN
COMPOSITION
1) One chairman
3) Ombudsman (Tanodbayan)
2) Four members
4) One overall deputy
5) One deputy for Luzon
6) One deputy for the Visayas
7) One deputy for Mindanao
One deputy for the military
QUALIFICATIONS
Natural born Filipino citizens
Natural born Filipino citizens
Majority are members of the Philippine bar.
40 years old at the time of appointment
Of recognized probity and independence
Members of the Philippine bar
Must not have been candidates for any
elective office
The ombudsman must have been a judge
or engaged in the practice of law in RP for
10 yrs.
MANNER OF APPOINTMENT, TERM OF OFFICE and PROHIBITIONS
Appointed by the president
Nominated by the JBC
No confirmation by the Comm. on app.
7 years without reappointment
Not qualified to run in an election immediately
after their cessation from office
POWERS
Commission on Human Rights shall have the following powers and The Office of the Ombudsman shall have the
functions:
following powers, functions, and duties :
(1) Investigate, on its own or on complaint by any party, all forms
of human rights violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and
cite for contempt for violations thereof in accordance with the
Rules of Court;
(3) Provide appropriate legal measures for the protection of

(1) Investigate on its own, or on complaint by any

person, any act or omission of any public official,
employee, office or agency, when such act or
omission appears to be illegal, unjust, improper, or
inefficient.
(2) Direct, upon complaint or at its own instance,
any public official or employee of the Government,

human rights of all persons within the Philippines, as well as

Filipinos residing abroad, and provide for preventive measures and
legal aid services to the underprivileged whose human rights have
been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention
facilities;
(5) Establish a continuing program of research, education, ad
information to enhance respect for the primacy of human rights;
(6) Recommend to the Congress effective measures to promote
human rights and to provide for compensation to victims of
violations of human rights, or their families;
(7) Monitor the Philippine Government's compliance with
international treaty obligations on human rights;
(8) Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other evidence is
necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or
agency in the performance of its functions;
(10) Appoint its officers and employees in accordance with law;
and
(11) Perform such other duties and functions as may be provided
by law.

or any subdivision, agency or instrumentality

thereof, as well as of any government-owned or
controlled corporation with original charter, to
perform and expedite any act or duty required by
law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
(3) Direct the officer concerned to take
appropriate action against a public official or
employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith.
(4) Direct the officer concerned, in any appropriate
case, and subject to such limitations as may be
provided by law, to furnish it with copies of
documents relating to contracts and transactions
entered into by his office involving the
disbursement or use of public funds or properties,
and report any irregularity to the Commission on
Audit for appropriate action.
(5) Request any government agency for assistance
and information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents.
(6) Publicize matters covered by its investigation
when circumstances so warrant and with due
prudence.
(7) Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the
Government and make recommendations for their
elimination and the observance of high standards
of ethics and efficiency.
(8) Promulgate its rules of procedure and exercise
such other powers or perform such functions or
duties as may be provided by law.

MANNER OF REMOVAL FROM OFFICE

CONGRESS
PRESIDENT; VICE PRES; SC JUSTICES; CSC, COMELEC,
COA Chairmen and members and the Ombudsman
By IMPEACHMENT (Art. XI.1-3)
Expulsion
The following may be removed by impeachment:
Suspension (maximum of 60 days)
I.
The President
II.
The Vice-President
Both by 2/3 vote of the members of the House concerned.
III.
The SC Justices
Grounds: disorderly behavior.
IV.
Chairman and Commissioners of
the CSC, COA & COMELEC
V.
Ombudsman
VOTING REQUIREMENTS
Effect
of
impeachment:
removal from office of the
a. MAJORITY VOTE
impeached officer w/o prejudice to the filing of a
a.1. election of officers
criminal case against him.
a.2. passage of bills and resolutions
a.3. concurring tax exemptions
Grounds for impeachment:
a.4. submitting the question calling for
1. culpable violation of the constitution
constitutional convention to the electorate
2. treason
b. TWO-THIRDS (2/3) VOTE
b.1. declaring the existence of the state of war
3. bribery
b.2. overriding presl. veto
4. graft and corruption
b.3. suspension/expulsion of house member
5. betrayal of public trust
b.4. convict impeachable officials
6. other high crimes
b.5. call for constl. cnvention
c. ONE-THIRD (1/3) VOTE
Process of impeachment- Art. XI sec. 3:
c.1. for house to affirm an articles of 1. The House of Representatives shall have the

impeachment/override a contrary resolution

d. ONE-FIFTH (1/5) VOTE
d.1. request matters to be entered in the Journal
e. THREE-FOURTHS (3/4) VOTE
e.1. to propose constil. amendments

exclusive power to initiate all cases of impeachment.

2. A verified complaint for impeachment may be filed
by any Member of the House of Representatives or by
any citizen upon a resolution of endorsement by any
Member thereof, which shall be included in the Order
of Business within ten session days, and referred to the
proper Committee within three session days thereafter.
The Committee, after hearing, and by a majority vote of
all its Members, shall submit its report to the House
within sixty session days from such referral, together
with the corresponding resolution. The resolution shall
be calendared for consideration by the House within
ten session days from receipt thereof.
3.A vote of at least one-third of all the Members of the
House shall be necessary either to affirm a favorable
resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution. The
vote of each Member shall be recorded.
4. In case the verified complaint or resolution of
impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the
Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
5. No impeachment proceedings shall be initiated
against the same official more than once within a
period of one year.
6. The Senate shall have the sole power to try and
decide all cases of impeachment. When sitting for that
purpose, the Senators shall be on oath or affirmation.
When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside, but
shall not vote. No person shall be convicted without the
concurrence of two-thirds of all the Members of the
Senate.
7. Judgment in cases of impeachment shall not extend
further than removal from office and disqualification to
hold any office under the Republic of the Philippines,
but the party convicted shall nevertheless be liable and
subject to prosecution, trial and punishment according
to law.
8. The Congress shall promulgate its rules on
impeachment to effectively carry out the purpose of
this section.

REFERENCES:
The 1987 Constitution
Bernbas, Joaquin G., SJ (2007) The Philippine Constitution for Ladies, Gentlemen and Others. Rex Book Store
Inc. Manila.
Nachura, Antonio B. (2009) Outline/Reviewer in Political Law. VJ Graphic Arts, Inc. Quezon City.
Ramirez, Sr. Efren V. (1996) The New Philippine Constitution. Visayan Educational Supply Corporation. Cebu City
www.gov.ph
www.congress.gov.ph

P r e p a r e d b y:
Owen O. Dela Victoria AB PoSc., Ll. B. MA. PA. (cand.)
Instructor