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Subject Code :
Phil PolGov
Descriptive Title:
Philippine Politics and Governance
Module No. :
2
Topic/Lesson 1 :
Article 4-8
Intended Learning Outcomes:
1. Familiarize the preamble of the 1987 Philippine Constitution.
2. Understand and our very own citizenship, suffrage and functions of branches of
governments.
Article IV – VIII Outline
Article IV- Citizenship
"Philippine citizenship is a gift that must be deserved to be retained. The
Philippines, for all her modest resources compared to those of other states, is a
jealous and possessive mother demanding total love and loyalty from her
children.“ -Justice Isagani Cruz
What is Citizenship?
∙ A term denoting membership in a political community with full civil and
political privilege and this membership imply, reciprocally, a duty of
allegiance on the part of the member and duty of protection on the part of
the state.
▪ This legal relationship involves rights and obligations on the part of both
the individual and the state itself.
Citizen- person having the title of citizenship. He is a member of democratic
community who enjoys full civil and political rights and is accorded protection
inside and outside the territory of the State.
WHAT IS THE DISTINCTION BETWEENCITIZENSHIP AND NATIONALITY?
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1. Citizenship is membership in a democratic or political community, whereas
nationality is membership in any political community whether monarchial,
autocratic or democratic;
2. Citizenship follows the exercise of civil and political rights whereas nationality
does not necessarily carry with it the exercise of political rights;
3. A person can be a citizen of one country and a national of another.
WHAT IS AN ALIEN?
An alien is a citizen of a country who is residing in or passing through another
country. He is particularly called “foreigner”. He is not given the full rights of
citizenship but is entitled to receive protection as to his person and property.
GENERAL WAYS OFACQUIRING CITIZENSHIP
1. Involuntary Method – By birth, because of blood relationship or place of
birth 2. Voluntary Method – By naturalization
INVOLUNTARY WAYS OF ACQUIRING CITIZENSHIP
By birth
• Through the change of sovereignty which result in the acquisition by each
individual of the ceded or acquired territory of the citizenship under the new
sovereign in the absence of treaty stipulations to the contrary.
• Through direct legislative grant.
VOLUNTARY WAYS OF ACQUIRINGCITIZENSHIP
• Through marriage which result in the acquisition by the wife of the citizenship
of the husband in case of difference in citizenship of the parties, except where
the wife is barred from acquiring the citizenship of the husband by the law of the
nation of the latter
. • Through the election which is the acquisition of citizenship after reaching the
age of majority;
• Naturalization of the head of the family which result in the naturalization of the
wife and the minor children living with him.
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TWO PRINCIPLESGOVERNING CITIZENSHIP BY BIRTH
• Jus Sanguines - Citizenship by virtue of blood relationship. The children
follow the citizenship of the parents. This prevails in the Philippines.
• Jus soli - Citizenship by virtue of the place of birth. A person becomes a
citizen of the state where he is born irrespective of the citizenship of the parents.
This principle prevails in the United States.
WHO ARE THE CITIZENS OF THEPHILIPPINES
Section 1 provides that the following are deemed citizens of the Philippines :
(1) Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines ;
(3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
KINDS OFCITIZENS UNDER THE CONSTITUTION
1. Natural-born citizens
2. Citizens at the time of the adoption of this Constitution
3. Citizens through Election - refer to those born of Filipino mothers
before January 17, 1973.
4. Naturalized Citizens - Those who are naturalized in accordance with
law. WHAT IS NATURALIZATION?
Naturalization is the legal act of adopting a foreigner into the political body of
the state and clothing him with the rights and privileges of a citizen. It implies
the renunciation of a former nationality and the fact of entrance to a similar
relation towards a new body politic.
▪ A person may be naturalized either by complying with both the
substantive and procedural requirements of a general naturalization law
or he may be naturalized by a special act of the legislature.
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DUTIES AND OBLIGATIOS OF THE CITIZENS
1. To be loyal to the republic. Loyalty implies faith and confidence in the republic
and love and devotion to the country.
2. To defend the State.
3. To contribute to the development and welfare of the state.
4. To uphold the constitution and obey the laws.
5. To cooperate with the duly constituted authorities
6. To exercise rights responsively with due regards to the rights of others.
7. To engage in gainful work
8. To register and vote
Article V- Suffrage
SECTION 1.
Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who areat least eighteen years of age, and who shall have resided
in the Philippines for at least one year and in the place where they propose to vote for
at least six months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposedon the exercise of suffrage.
MEANING OF SUFFRAGE
It is a right and obligation to vote of qualified citizens in the election of certain
national and local officers of the government and in the decision of public questions
submitted to the people.
NATURE OF THE RIGHT OF SUFFRAGE
1. A MERE PRIVILEGE - Suffrage is not a natural right of the citizens by merely a
privilege to be given or withheld by the lawmaking power subject to constitutional
limitations. Suffrage should be granted to individuals only upon the fulfillment of
certain minimum conditions deemed essential for the welfare of society.
2. A POLITICAL RIGHT. In the sense of a right conferred by the Constitution,
suffrage is classified as a political right, enabling every citizen to participate in the
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process of government to assure that it derives the powers from the consent of the
governed.
QUALIFICATIONS OF VOTERS
A person is qualified to vote if he is:
1. A citizen (male or female) of the Philippines
2. Not otherwise disqualified by law
3. At least 18 years of age;
4. Have resided in the Philippines for at least one (1) year and in the place wherein
he proposes to vote for at least six (6) months preceding the election.
SCOPE OF SUFFRAGE
1. Election
It is the means by which the people choose their officials for definite and fixed
periods and to whom they entrust, for the time being as their representatives, the
exercise the powers of government.
2. Plebiscite
It is the name given to a vote of the people expressing their choice for or against a
proposed law or enactment submitted to them. The term also applied to an election
at which any proposed amendment to, or revision of, the Constitution is submitted to
the people for their ratification. A plebiscite is also required by the Constitution to
secure the approval of the people directly affected before certain proposed changes
affecting local government units may be implemented.
3. Referendum
It is the submission of the law or part thereof passed by the national or local
legislative body to the voting citizens of a country for their ratification or rejection.
4. Initiative
It is the process whereby the people directly propose and enact laws.
5. Recall
It is a method by which a public officer may be removed from office during his
tenure or before the expiration of his term by a vote of the people after registration of
a petition signed by a required percentage of the qualified voters.
Article VI – Legislative Department
Sec. 1. The legislative power shall be vested in the Congress of the
Philippines, which shall consist of a Senate and a House of Representatives,
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except to the extent reserved to the people by the provision on initiative and
referendum.
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power:
1. Original – Possessed by the people in their sovereign capacity 2.
Delegated – Possessed by Congress and other legislative bodies by virtue of
the Constitution
3. Constituent – The power to amend or revise the Constitution
4. Ordinary – The power to pass ordinary laws
Note:
The original legislative power of the people is exercised via initiative and
referendum. In this manner, people can directly propose and enact laws, or
approve or reject any act or law passed by Congress or a local government
unit.
Limits on the legislative power of Congress:
1. Substantive – limitations on the content of laws. E.g. no law shall be
passed establishing a state religion.
1. Procedural – limitations on the manner of passing laws. E.g. generally a bill
must go through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress’ legislative power
is plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealably laws. Since Congress’ powers are
plenary, and limited only by the Constitution, any attempt to limit the powers
of future Congresses via an irrepealably law is not allowed.
2. Congress, as a general rule, cannot delegate its legislative power. Since
the people have already delegated legislative power to Congress, the latter
cannot delegate it any further.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
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2. Instances when the Constitution itself allows for such delegation [see Art.
VI Sec. 23(2)]
What may Congress delegate:
Congress can only delegate, usually to administrative agencies, RULE-MAKING
POWER or LAW EXECUTION. This involves either of two tasks for the
administrative agencies:
1. “Filling up the details” on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a “contingent” law or provision
into actual operation.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the
election.
Note: The qualifications of both Senators and Members of the House are limited
to those provided by the Constitution. Congress cannot, by law, add or subtract
from these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June
next following their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of 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.
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Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts apportioned among the
provinces, cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of
inhabitants of each area and on the basis of a uniform and progressive
ratio.
1. Each district shall comprise, as far as practicable, contiguous, compact and
adjacent territory;
2. Each city with at least 250,000 inhabitants will be entitled to at least one
representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress within 3 years after
the return of each census. According to Jack, however, while the
apportionment of districts is NOT a political question, the judiciary CANNOT
compel Congress to do this.
5. The standards used to determine the apportionment of legislative districts is
meant to prevent ‘gerrymandering’, which is the formation of a legislative
district out of separate territories so as to favor a particular candidate or
party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately preceding the
day of the election.
Term of Office
1. Each member of the House shall be elected for a term of three (3) years
which shall commence (unless otherwise provided for by law) at noon on
30 June next following their election.
2. Voluntary renunciation of 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.
Term Limitations
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No member of the House of Representatives shall serve for more than three (3)
consecutive terms.
Distinctions between Term and Tenure
1. Definition
1. Terms means the period during which the elected officer is legally
authorized to assume his office and exercise the powers thereof. 2.
Tenure is the actual period during which such officer actually holds his
position.
1. Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus, a provision which considers an
elective office automatically vacated when the holder thereof files a
certificate of candidacy for another elective office (except President
and Vice-President) is valid, as it only affects the officers tenure and
NOT his constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under
the party-list system (thus a maximum of 50 party-list members of the
House)
1. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92,
92-95 and 95-98 terms), 25 seats shall be allotted to sectoral
representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are
to be appointed by the President until legislation otherwise provides. 1.
Mechanics of the party-list system:
1. Registered organizations submit a list of candidates in order of
priority.
2. During the elections, these organizations are voted for at large.
3. The number of seats that each organization gets out of the 20%
allotted to the system depends on the number of votes they get. 1.
Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election
3. Able to read and write
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P
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1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills
Note: The Senate may, however, propose or concur with amendments.
Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate a sum
of money from the public treasury.
1. Thus, a bill enacting the budget is an appropriations bill.
1. BUT: A bill creating a new office, and appropriating funds therefor is NOT
an appropriation bill.
Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue
through imposition or levy.
1. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for
instance, the Videogram Regulatory Board law imposing a tax on video
rentals does not make the law a revenue bill.
Bills of local application
A bill of local application, such as one asking for the conversion of a municipality
into a city, is deemed to have originated from the House provided that the bill of
the House was filed prior to the filing of the bill in the Senate even if, in the end,
the Senate approved its own version.
Limitations:
1. For appropriation bills:
1. Congress cannot increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. 1.
Each provision or enactment in the General Appropriations Bill must relate
specifically to some particular appropriation therein and any such provision or
enactment must be limited in its operation to the appropriation to which it
relates.
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1. The procedure in approving appropriations for Congress shall strictly follow
the procedure for approving appropriations for other departments and
agencies.
1. A special appropriations bill must specify the purpose for which it is
intended and must be supported by funds actually available as certified by
the National Treasurer or to be raised by a corresponding revenue proposal
therein.
1. Transfer of appropriations:
1. Rule: No law shall be passed authorizing any transfer of appropriations 2.
BUT the following 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
– President
– President of the Senate
– Speaker of the House of Representatives
– Chief of Justice of the Supreme Court
– Heads of the Constitutional Commissions
1. Discretionary funds appropriated for particular officials shall be:
1. Disbursed only for public purposes;
2. Should be supported by appropriate vouchers; and
3. Subject to guidelines as may be prescribed by law.
1. If Congress fails to pass General Appropriations Bill (GAB) by the end of
any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.
1. For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL the members of
Congress.
1. For bills in general
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1. Every bill shall embrace only one (1) subject, as expressed in the title
thereof
i. As a mandatory requirement
ii. The title does not have to be a complete catalogue of everything stated in the
bill. It is sufficient if the title expresses the general subject of the bill and all the
provisions of the statute are germane to that general subject.
iii. A bill which repeals legislation regarding the subject matter need not state in
the title that it is repealing the latter. Thus, a repealing clause in the bill is
considered germane to the subject matter of the bill.
1. Readings
1. In order to become a law, each bill must pass three (3) readings in both
Houses.
2. General rule: Each reading shall be held on separate days & printed copies
thereof in its final form shall be distributed to its Members three (3) days
before its passage.
3. Exception: If a bill is certified as urgent by the President as to the necessity
of its immediate enactment to meet a public calamity or emergency, the 3
readings can be held on the same day.
4. First reading – only the title is read; the bill is passed to the proper
committee
Second reading – Entire text is read and debates are held, and amendments
introduced.
Third reading – only the title is read, no amendments are allowed. Vote shall be
taken immediately thereafter and the yeas and nays entered in the journal.
Veto power of President:
1. Every bill, in order to become a law, must be presented to and signed by
the President.
1. If the President does not approve of the bill, he shall veto the same and
return it with his objections to the House from which it originated. The House
shall enter the objections in the Journal and proceed to reconsider it.
1. The President must communicate his decision to veto within 30 days from
the date of receipt thereof. If he fails to do so, the bill shall become a law
as if he signed it.
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1. This rule eliminates the ‘pocket veto’ whereby the President would simply
refuse to act on the bill.
1. To OVERRIDE the veto, at least 2/3 of ALL the members of each House
must agree to pass the bill. In such case, the veto is overriden and
becomes a law without need of presidential approval.
1. Item veto
1. The President may veto particular items in an appropriation, revenue or
tariff bill.
1. This veto will not affect items to which he does not object.
1. Definition of item
TYPE OF BILL ITEM
1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon 2.
Appropriations bill Indivisible sum dedicated to a stated purpose
1. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation
stated in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto
it as an item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Court’s appellate
jurisdiction without the SC’s advice and concurrence.
1. No law shall be enacted granting titles of royalty or nobility.
Section 32. INITIATIVE AND REFERENDUM
1) Through the system of initiative and referendum, 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.
2) Required Petition
a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the
registered voters
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c) Petition should be registered
Article VII – Executive Department
EXECUTIVE POWER
• It is the power to enforce and administer the laws (Cooley, Constitutional
Limitation, 8th ed., p. 183) • The executive power is vested in the
President of the Philippines (Art. VII, Sec. 1)
Qualifications
• Natural Born Citizen
• A Registered Voter
• Able to Read and Write
• Atleast 40 years of age on the day of election
• Resident of the Philippines for at least ten years immediately preceding
the election.
Term of Office
• The President and Vice- President shall be elected by the people for six
(6) years. (Art. VII, Sec 4(1)
• Shall not be eligible for any re- election
• No Person who has succeded as President xxx for more than 4 years
shall be qualified xxx (Art. VII, Sec 4) Election 1.)Regular – Second
Monday of May, every six years 2.)Special
a.) Death, Disability, Removal from office or Resignation
b.) Vacancies occur more than eighteen months before next
election
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c.) A law passed by congress Oath of office Before they enter the
execution of their office, the President and Vice-President shall take the
oath or affirmation
Oath - an outward pledge made under an immediate sense of responsibility
to God(Cruz, 2002) “I, do solemnly swear that I will faithfully and
conscientiously fulfill my duties as President of the Philippines, preserve
and defend its Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me
God.”
Vice-President
• Qualifications are same with the President.
• Eligible for the position of member of the Cabinet(no need for CA
confirmation)
• Allowed to serve for two successive terms.
Presidential Succession (Sec 7-8) 2 sets of rule:
a.) Occuring before the term – Death/Permanent Disability – Failure to
elect the President – Failure to qualify
b.) Occuring mid-term – Death/Permanent Disability – Removal
– Resignation
Prohibitions and Inhibitions
1. No increase in salaries during the term.
2. Shall not receive emoluments
3. Shall not hold any other office
4. Shall not, directly or indirectly, practice any other profession, business,
or be financially interested in any other contract with franchises of the
government.
5. Avoid conflict of interest in the conduct of their office
6. May not appoint spouse or relatives by consanguinity or affinity within
4th civil degree (ART. VII, SECTIONS 6, 13)
POWERS OF THE PRESIDENT
1.) Executive Power
2.) Power of Appointment
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3.) Power of Removal
4.) Power of Control
5.) Military Powers
6.) Pardoning Power
7.) Borrowing Power
8.) Diplomatic Power
9.) Budgetary Power
10.) Informing Power
11.) Residual Power
1. Executive Power - President shall have the control of all executive
departments, bureaus, and offices. He shall ensure that laws are faithful
executed (Art. VII, Sec.17) • Until and unless a law is declared
unconstitutional, the President has a duty to execute it regardless of his
doubts as to its validity(Faithful Execution Clause) (Cruz, Phil. Political Law).
2. Power of Appointment - Selection by the authority vested with the
power, of an individual who is to exercise the functions of a given office.
Kinds of Presidential Appointment(Sec.15)
• Appointment made by an Acting President
• Midnight Appointment
• Regular Presidential Appointment
• Ad-Interim Appointment
Power of Appointment
• Appointments Requiring the consent of the Commission on
Appointments(VII, Sec.16)
A.) Heads of executive departments(except VP)
B.) Ambassadors and other public ministers and consuls
C.) Officers of the AFP from the rank of colonel or naval captain D.)
Officers whose appointments are vested in him by the Constitution
Appointments without the need of CA Confirmation:
• Those vested by the Constitution on the President alone
• Appointments that are not otherwise provided by law
• Those authorized by law to appoint
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• Officers lower in rank whose appointment is vested by law in the
President Alone
3. Power of Removal - This power is implied from the power to appoint. •
Exception – Those appointed by him where the Constitution prescribes
certain methods for separation from public service.
4. Power of Control - The power of an officer to alter, modify, nullify, or set
aside what a subordinate officer had done in the performance of his duties
and to substitute the judgement of the former for that of the latter.
• Supervision – Overseeing or the power or authority of an officer to see
that subordinate officers perform their duties. If the latter fail or neglect to
fulfill them, then the former may take such action or steps as prescribed by
law to make them perform these duties.
5. Military Powers
1.) Commander-in-Chief - To call out the Armed Forces to prevent or
suppress lawless violence, invasion or rebellion(whenever it becomes
necessary);
• Vested directly by the Constitution
• Authority to declare a state of rebellion
• Military Tribunals are simply instrumentalities of the executive power
provided by the legislature for the Commander-in-Chief to aid him in
enforcing discipline in the armed forces.
2.) Suspension of writ of Habeas Corpus – A writ directed to the person
detaining another, commanding him to produce the body of the prisoner at
a designated time and place, the object of which is the liberation of those
who may be in prison without sufficient cause.
Ground for suspension: invasion, rebellion, when public safety
requires it.
Effects of suspension of Writ
• does not affect the right to bail
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• Applies only to persons facing charges of rebellion
• The arrested must be charged within 3 days; if not they must be released
• Does not supersede civilian authority.
3.) Martial Law
Grounds for declaration
Invasion and Rebellion
The following cannot be done:
– Suspend the operation of the Constitution
– Supplant the function of the civil courts and legislative assemblies –
Violate Open Court Doctrine(civilians cannot be tried by military courts if
the civil courts are open and functioning)
– Automatically suspend the writ of Habeas Corpus.
Military Powers Constitutional Limitations of Martial Law and the
suspension of privilege of Habeas Corpus:
• Not more than 60 days, unless extended by congress
• President to report to congress within 48 hours
• Authority of the congress to revoke or extend
• Authority of the Supreme Court to inquire of the factual basis for such
action Ways to lift proclamation or suspension:
I. By the President himself
II. Revocation by Congress
III. Nullification by the Supreme Court
IV. By operation of law after 60 days
6. Pardoning Power (Sec.19)
Pardon - act of grace which exempts individual from punishment
which the law inflicts.
As to effect:
a.)Plenary
b.)Partial
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As to presence of condition:
a.) Conditional Pardon
b.) Absolute Pardon
Amnesty – A general pardon to rebels for their treason or political offence;
It so overlooks and obliterates the offense with which he is charged. Person
released by amnesty stands before the law precisely as though he had
committed no offense.
Other forms of executive clemency:
• Commutation – reduction or mitigation of penalty
• Reprieve – postponement of sentence or stay of execution
• Parole – release from imprisonment, but without full restoration of liberty
(in custody of law although not in confinement
• Remission of fines and forfeiture – Prevents the collection of fines and
confiscation of forfeited property; cannot affect rights of third party and
money already in the treasury.
7. Borrowing Power(Sec. 20) - The President may contract or guarantee
foreign loans on behalf of the Republic with the concurrence of the Monetary
Board, subject to such limitations as may be provided by law.
• The Monetary board shall submit to the Congress report on loans within
30 days from the end of every quarter.
8. Diplomatic Power(sec.21) - No treaty or international agreement shall
be valid and effective unless concurred in by at least 2/3 of all the Members
of the Senate
• The power to ratify is vested in the President, subject to the concurrence
of the Senate.
Other foreign affairs powers:
a.) power to make treaties
b.) the power to appoint ambassadors, public ministers, and consuls
c.) power to receive ambassadors and other public ministers
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d.) Deportation Power
9. Budgetary Power - Within 30 days from the opening of every regular
session, President shall submit to Congress a budget or expenditures and
sources of financing, including receipts from existing and proposed revenue
measure.
• Congress may not increase the appropriation recommended by the
President for the operation of the Government as specified in the budget.
10. Informing Power - The President shall address Congress at the
opening of its regular session. He may also appear before it at any other
time.
• The information may be needed for the basis of legislation
• The President usually discharges the informing power through what is
known as the State of the Nation Address.
11. Residual Power - The President xxx has unstated residual power
which are necessary for her to comply with her duties.
Other Powers
a.) Call to Congress to a special session
b.) Approve or veto bills
c.) Deport Aliens
d.) Consent to deputization of government personnel by COMELEC and
discipline them
e.) Exercise emergency (war, law, limited, necessary) and Tariff powers f.)
Power to classify or reclassify lands
Article VIII - Judiciary Department
Judiciary - (also known as the judicial system or 'court system)- is
the system of courts that interprets and applies the law in the name of t
he state.
▪ The judiciary also provides a mechanism for the resolution of disputes. U
nder the doctrine of the separation of powers, the judiciary generally does
not make law (that is, in a plenary fashion, which is the responsibility of t
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he legislature) or enforce law (which is the responsibility of the executive)
, but rather interprets law and applies it to the facts of each case. ▪ This
branch of the state is often tasked with ensuring equal justice under l aw. It
usually consists of a court of final appeal(called the "Supreme cou rt” or
"Constitutional court"), together with 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.”
Adjudicatory Power
▪ To settle actual controversies involving rights
▪ To determine whether there has been a grave abuse of discretion
to lack or excess of jurisdiction
▪ Judicial Review - Interpret the law and make them binding
judgements ◦ Constitutionality of the laws
▪ Incidental Power - powers essential for the discharge of their
judiciary function.
Final decision maker - Highest court of the land Classes of
Courts Constitutional Court - Provided by the constitution
The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warrant, and habeas corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the
law or the Rules of Court may provide, final judgments and orders of lower
courts.
3. Assign temporarily judges of lower courts to other stations as public
interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of
justice.
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5. Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance
to the under-privileged.
6. Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.
Mandamus - Order by a superior court to a lower court to do perform a
certain act which it is bound to do so
Quo Warranto - Action by the government to recover an office or
franchise from an individual unlawfully holding it.
The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in division of
three, five, or seven Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.
All cases involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc,
and all other cases which under the Rules of Court are required to be heard
en banc, including those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with the concurrence of
a majority of the Members who actually took part in the deliberations on the
issues in the case and voted thereon.
Note: Summative Test after the discussion (Google form)
References
https://lawphilreviewer.wordpress.com/2011/12/20/political-law-constitutional
law-article-vi/
https://www.slideshare.net/KeytBLUE20/article-4-and-article-5
https://www.slideshare.net/jundumaug1/article-7-executive-department
48198446
https://www.slideshare.net/jundumaug1/article-8-judicial-department