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Philippine Government and Constitution. Lingayen Technological Institute. Sherry Lyn F.

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NAME: __________________________________

FINAL NOTES/HANDOUT
in PHIL. GOVT. AND CONSTITUTION
Sherry Lyn F. Lamsen-Orjalo

CONSTITUTION OF GOVERNMENT

Our government is a tripartite system of
government composed of three great branches:
Legislative, Executive, and Judicial Department
(Judiciary)

ART. VI : LEGI SLATI VE DEPARTMENT
Sections 1 to 7:
The legislative department is more popularly
known as the CONGRESS. It is the department
granted by our Constitution the exercise of
legislative power.
LEGISLATIVE POWER is the authority to
make, alter and repeal laws.
Hence, the law-making body of the Philippine
Government is vested in Congress.
LAWS refer to the rules and regulations enacted
by the legislature to guide our actions in society,
to govern our relations with our fellow Filipinos
and our relation with our government.
CLASSIFICATION OF LEGISLATIVE
POWER:
CONSTITUENT power to amend and
revise the Constitution
ORDINARY power to pass ordinary laws
The Congress of the Philippines is a bicameral
body. It consists of two houses/bodies:
1. SENATE the upper Chamber of the
Congress.
Composition: The Senate consists of 24
Senators elected at large by qualified voters,
which means that they are national elected
officials.
Qualifications:
i. Natural-born Filipino citizen
ii. At least 35 years of age on the day of the
election
iii. Able to read and write
iv. A registered voter
v. A resident of the Philippines for not less
than two years immediately preceding the
day of election
Term of Office:
TERM OF OFFICE refers to the period
fixed by law/constitution during which a
member of Congress or an elective
official will hold office.
TENURE OF OFFICE speaks of the
actual number of years during which the
official holds the office.
The term of office of senators is 6 years
which shall begin unless otherwise
provided by law at noon on the 30
th
day
of June after their election.
No senator can serve for more than 2
consecutive term of office. (12 years).
Voluntary renunciation of office for any
length of time (i.e. resignation) shall not
be considered as an interruption in the
continuity of his service for the full term
for which he was elected.
2. HOUSE OF REPRESENTATIVES
consists of men and women who are elected
representatives of the Filipino people.
Composition: TWO KINDS OF
REPRESENTATIVES:
i. DISTRICT REPRESENTATIVES
elected from legislative districts
apportioned among the provinces, cities,
and the Metropolitan Manila area. They
constitute the majority members of the
House of Representatives.
ii. PARTY-LIST REPRESENTATIVES
elected through the party-list system of
registered national, regional, and sectoral
parties or organization. They shall
constitute 20% of the total number of
representatives.
Qualifications:
District Representatives
i. Natural-born Filipino citizen
ii. At least 25 years of age on the day of the
election
iii. Able to read and write
iv. A resident of the district in which he shall
be elected for a period of not less than 1
year immediately preceding the election
v. A registered voter in the district in which
he shall be elected



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Party-list Representatives
i. Natural-born Filipino citizen
ii. At least 25 years of age on the day of
election
iii. Able to read and write
iv. A resident anywhere in the Philippines
v. A registered voter anywhere in the
Philippines
Term of Office:
The term of office of congressmen is 3
years which shall begin unless otherwise
provided by law at noon on the 30
th
day
of June after their election.
No representative can serve for more than
3 consecutive term of office. (9 years).
Voluntary renunciation of office for any
length of time (i.e. resignation) shall not
be considered as an interruption in the
continuity of his service for the full term
for which he was elected.
Sec. 5. (3) and (4): APPORTIONMENT OF
LEGISLATIVE DISTRICTS is dividing
provinces, cities and the Metropolitan Manila
into legislative districts.
RULES IN REAPPORTIONMENT:
Legislative districts shall be apportioned
among the provinces, cities and the
Metropolitan Manila area in accordance with
the number of their respective inhabitants, on
the basis of a uniform and progressive ratio.
Uniform ratio means that each district
must be equal in population, or as equal
as possible.
Progressive ratio means that the
increase in population in relation to the
size of the House of Representatives must
be considered.
Each city/municipality with a population of
not less than 250,000 shall be entitled to at
least one representative and each province,
irrespective of population is entitled to one
representative.
Each legislative district shall comprise, as far
as practicable, contiguous (immediate;
connected without break), compact (closely
united or packed together), and adjacent
(immediately adjoining without intermediate
space) territory. This is intended to prevent
gerrymandering, which means creating
legislative district out of separate territories
for the purpose of obtaining partisan
advantage. The word gerrymandering came
from the name of Governor Elbridge Gerry of
Massachusetts and the salamander shaped
district that was created to favor his party in
the election.
Sec. 11: The members of Congress are accorded
under the Constitution two parliamentary
immunities of privileges:
1. Privilege from Arrest applies while Congress
is in session in all offenses punishable by not
more than 6 years imprisonment. This
includes both civil and criminal offenses,
provided it is not punishable by
imprisonment of six years or a member of
Congress can only invoke the immunity from
arrest for relatively minor offenses.
2. Privilege of Speech and Debate applies for
any speech or debate in Congress or in any of
its committee. This privilege means that
members of Congress cannot be sued or
prosecuted for anything they say or write in
connection with their legislative duties.
WHAT ARE THE ACTIVITIES A MEMBER
OF CONGRESS IS PROHIBITED OF?
Sec. 13: Holding any other office or
employment in the government, or any
subdivision, agency, or instrumentality
thereof, including government owned and
controlled corporations (GOCCs) or their
subsidiaries, during his term without
forfeiting his seat in, or what is known as
incompatible office.
Being appointed to any office, which may
have been created, or the emoluments thereof
increased during the term for which he was
elected, or blown as forbidden office.
Sec. 14: Personally appearing as counsel
before any court of justice or before the
electoral tribunals, or quasi-judicial and other
administrative bodies.
Being financially interested, directly or
indirectly in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including GOCCs, or
its subsidiary during their term of office.

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Intervening in any matter before any office of
the Government for their pecuniary benefit or
where they may be called upon to act on
account of their office.
Sec. 16: ORGANIZATION OF THE
CONGRESS:
A. Officers of the Congress:
The Senate shall elect its President
and the House of Representatives its
Speaker.
The Senate President is the presiding
officer of the Senate elected by majority
votes of all its members. He holds office at
the pleasure of his members and may be
replaced at any time. In the political
hierarchical order of leadership, the Senate
President is the third highest official of the
government.
The Speaker of the House, who
presides over the House, is elected by
majority votes of all members of the House,
but in practice is chosen by the majority
party. As the presiding officer of the House,
the Speaker decides on all questions of order,
refer bills introduced in the House to the
proper standing committees, signs all acts,
resolutions, orders issued by or upon order of
the House, appoints members of joint
committees and conference committees, and
exercises administrative functions over house
personnel. Like the Senate President, he
holds office at the pleasure of his members
and may be replaced at any time.
B. Congressional/Legislative Committees:
i. Standing Committees are permanently
established legislative committees that
review proposed legislation. They are the
only ones who proposed legislation by
reporting a bill out to the full House or
Senate. In Congress, each standing
committee is given a specific area of concern.
ii. Select Committees are those that are
created for a specific purpose and usually for
a limited period only such as conducting an
investigation or addressing matters of great
national concern.
iii. Joint Committees are those created by
both Houses of Congress with members
coming from both. An example is the
Bicameral Conference Committee, which
irons out differences in the versions of bills
passed by the Senate and the House.
C. Sessions.
The House of Representatives holds
its session in Batasang Pambansa Complex
while the Senate in GSIS Complex.
i. Regular Session is convened once every
year starting on the fourth Monday of July,
unless a different date is fixed by law. It may
continue for such number of days or may last
as long as Congress wishes until 30 days
before the opening of its next regular session,
exclusive of Saturdays, Sundays and legal
holidays.
ii. Special Session is called by the President
while the Congress is in recess, generally to
consider a legislation he may designate in his
call, like the session called by President
Gloria Macapagal-Arroyo to pass into law
the power reform bill.
The Constitution requires that neither
House during the sessions of the Congress,
shall, without the consent of the other,
adjourn for more than 3 days, nor to any other
place than that in which the two Houses shall
be sitting.
D. Quorum number of members of the body
which, when legally assembled in their
proper places, will enable the body to transact
its proper business, or in other words, that
number that makes a lawful body and gives it
power to pass a law. A majority of each shall
constitute a quorum to do business.
E. Rules of Procedure rules made by any
legislative body as to the mode and manner
of conducting the business of the body.
Hence, rules of procedure are clearly
mandatory for the orderly functioning of
either House or Congress.
F. J ournal and Record of Proceedings.
Journal is a record of what is done
and passed in a legislative assembly. It is a
day-to-day record of the proceedings of
Congress.
Record is a word for word transcript
of the deliberations of Congress or the
proceedings taken during session.


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G. Discipline of Members
Suspension can be imposed as a
sanction to a Member of Congress for
disorderly behavior. It can only be imposed
with the concurrence of two-thirds of all
members of Congress. It should not exceed
60 days.
Expulsion can also only be imposed
with the concurrence of two-thirds of all
members of Congress. The Constitution,
however, does not provide ground for
expulsion.
Sections 17-19: AGENCIES IN CONGRESS
A. Electoral Tribunal sole judge of all
contests relating to election, returns and
qualifications of the members of the legislative
houses, and, as such, are independent of
congress. It was created to function as a
nonpartisan court although two-thirds of its
members are politicians. Each electoral tribunal
shall be composed of 9 members:
The HRET is composed of 3 Justices of
the Supreme Court to be designated by the Chief
Justice and 6 members of the Senate chosen on
the basis of proportional representation from the
political parties and the parties or organizations
registered under the party-list system therein.
The SET is likewise composed of 3
Justices designated by the Chief Justice and 6
members of the House of Representatives also
chosen on the basis of proportional
representation.
The most senior Justice in each electoral
tribunal shall be its chairman.
B. Commission on Appointments
created by the Constitution as an independent
commission in Congress although its members
are confined to members of Congress, to function
as a check on the appointing power of the
President. Like the electoral tribunals, the
Commission shall also be constituted within 30
days after the Senate and the House of
Representatives shall have been organized with
the election of the President and Speaker.
The Commission is composed of 25
members, the Senate as ex-officio chairman, 12
Senators and 12 members of the House of
Representatives. Like in the electoral tribunal,
the members of the Commission are also chosen
on basis of proportional representation from the
political parties and the parties or organizations
registered under the party-list system.
The Commission functions as a check on
the appointing power of the President, by
approving or disapproving appointments to
important offices in the government submitted to
it by the President. It shall act on all appointment
with 30 days from their submission. In
considering nominations submitted to it by the
President, the Chairman (Senate President) shall
not vote except in case of a tie.
POWERS OF CONGRESS
Classifications:
1. Enumerated Powers refer to those
specifically or expressly conferred to the
Congress by the Constitution. The
enumerated powers of the Congress
includes the power to impose taxes, the
power of appropriations, declare the
existence of war, power to meet as board
of canvassers in the election of President
and Vice President, the power of
impeachment, the power to propose
amendments to the Constitution among
many others.
2. Implied Powers refer to such powers as
are necessarily implied from the given
powers. This includes the power to
punish witness for contempt in the
conduct of legislative investigation and
oversight, to elect such the formal
leadership of both Houses, to determine
the rules of its proceedings, etc.
3. Inherent Powers are those that are
neither granted nor implied therefrom,
but rather they refer to those that grow out
from the very existence of Congress. It is
sometimes referred to as incidental
powers of the State, which are primarily
exercised by the Congress such as the
police power, power of eminent domain,
and power to taxation.
Power of Legislative Investigation [Sec. 21]
Power of Appropriation [Sections 24, 25, 29]
Power of Taxation [Sec. 28(1)]
Non-Legislative Powers
Power to declare the existence of war
[Sec. 23(1), Art.VI]

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Power to concur in presidential amnesties
[Sec. 21, Art VII]
Power to impeach the President [Sec. 3,
Art. XI]
Board of Canvasser [Sec. 4, Art. VII]
Call Special Election (SNAP) for the
Office of the President [Sec. 10, Art. VII]

ART. VI I : EXECUTI VE DEPARTMENT
Executive power is the power to enforce and
execute the laws faithfully.
The President of the Philippines is the
Executive of the Government of the Philippines.
The whole of executive power is vested to only
one person, hence the President is the most
powerful officer of our Government.
Roles of the President: As Chief of State, the
President stands as the head of our government
and such he represents the nation. As Chief
Executive of the Government, the President is the
head of the executive department, the largest
bureaucracy of the government. As Chief
Diplomat, the Constitution empowers the
President to receive ambassadors and initiate
diplomatic relations with other nations, as well as
to appoint diplomatic representatives of the
country abroad. Finally, as Commander-in-
Chief, the Constitution grants the President
command of the nations Military.
Qualifications:
i. Natural-born Filipino citizen
ii. Registered voter
iii. Able to read and write
iv. At least 40 years of age on the day of the
election
v. Resident of the Philippines for at least 10
years immediately preceding the election
Term of Office:
The president is elected by direct vote of
the people and shall serve for a term of 6 years.
Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of the service of the
full term for which he was elected. The President
shall not be eligible for any reelection.
No person who has succeeded as
President and has served as such for more than 4
years shall be qualified for election to the same
office at any time.
Privileges:
Official residence
Salary
Immunity from Suit
Prohibitions:
The President during his tenure is
prohibited under the Constitution from:
1. Receiving any other emolument from the
Government or any other source.
2. Holding any other office of employment
unless otherwise provided in this
Constitution.
3. Directly or indirectly, practicing any other
profession, participating in any business, or
being financially interested in any contract
with, or in any franchise, or special privilege
granted by the Government or any
subdivision, agency, or instrumentality
thereof, including GOCCs or their
subsidiaries.
4. Strictly avoiding conflict of interest in the
conduct of his office.
5. Appointing spouse and relatives by
consanguinity or affinity within the fourth
civil degree as members of the Constitutional
Commissions, of the Office of the
Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including GOCCs and
their subsidiaries.
Our Constitution does not specify the role as well
as the powers of the Vice President except to
succeed as President as provided in the order of
Presidential Succession. Since the Constitution
allows the Vice President to be appointed as
member of the Cabinet with the privilege of not
being subject to confirmation by the Commission
on Appointments, the Vice President is usually
appointed as a Cabinet Secretary.
The Vice President has the same qualification
and is elected in the same manner as the
President. Likewise, the Vice President has a
term of 6 years. However, unlike the President,
the Vice President is entitled to one immediate
re-election.





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RULE ON PRESIDENTIAL SUCCESSION:
Vacancy in the Office of the President
at the beginning of his term:
1. If the President-elect fails to qualify,
the Vice President-elect shall act as
President until the President-elect
shall have qualified.
2. If a President shall not have been
chosen, the Vice President elect shall
act as President until a President shall
have been chosen and qualified.
3. If at the beginning of the term of the
President, the President-elect shall
have died or have become
permanently disable, the Vice
President elect shall become
President.
4. Where no President and Vice
President shall have been chosen or
shall have qualified, or where both
shall have died or become
permanently disabled, the President
of the Senate or, in case of his
inability, the Speaker of the House of
Representatives shall act as President
until a President or Vice President
shall have chosen and qualified.
during his term:
When the office of the President
becomes vacant as a result of death,
permanent disability, removal from
office, or resignation, the Vice President
will become President to serve for the
unexpired term.
In case the vacancy resulted from the
causes mentioned when the former Vice
President turned President existed, the
Senate President or, in case of inability,
the Speaker of the House shall act as
President until a President or a Vice
President shall have been elected and
qualified.
Vacancy in the Office of the Vice President
at the beginning of his term:
-it is the Senate President or, in case of his
inability the Speaker shall act until the
Vice President shall have been chosen
and qualified.

during his term:
The President shall nominate a Vice
President to serve for the unexpired term
among the members of the Senate or
House of Representatives. The nominee
shall assume office upon confirmation of
a majority vote of all the members of both
Houses of the Congress, voting
separately.
POWERS OF THE PRESIDENT:
1. Executive power (Sec. 1, Art. VII)
2. Power of Appointment the selection of an
individual who is to exercise the functions of
a given office. (Sections 14-16)
3. Power of Removal power to remove
officials appointed by the President. The
President, however, cannot remove those
officials even if appointed by him when the
Constitution provides for the manner of their
removal from office.
4. Power of Control (Sec. 17) power to alter,
modify, nullify, or set aside what a
subordinate officer had done in the
performance of his duties and to substitute
the judgment of the former to that of the
latter.
5. Military powers (Sec. 18)
President as Commander-in-Chief
Power to suspend the privilege of
Habeas Corpus
Power to declare martial law
6. Pardoning Power (Sec. 19) or the power
of executive clemency includes the granting
of the following with the concurrence of the
majority of the members of Congress:
Pardon is an act of grace, proceeding
from the power entrusted with the
execution of the laws, which exempts an
individual on whom it is bestowed from
the punishment the law inflicts for a
crime he has committed
Absolute Pardon is granted
without any conditions
whatsoever. An absolute pardon
not only blots out the crime
committed, but removes all
disabilities resulting from the
conviction.

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Conditional Pardon is granted
subject to such conditions or
qualifications, as he may deem
necessary or see fit.
Commutation is a remission of a part of
the punishment, a submission of a less
penalty for the one originally imposed
Reprieve is a postponement of execution
or a temporary suspension of execution
Remit Fines and Forfeiture mean
exoneration of fines and forfeited
property
Amnesty commonly denotes the general
pardon to rebels for their treason and
other high political offenses, of the
forgiveness which one sovereign grants
to the subjects of another, who have
offended some breach of the law of
nations.
7. Diplomatic Power
8. Borrowing Power (Sec. 20)
9. Informing Power (SONA) (Sec. 23)
10. Residual Powers or other powers neither
legislative nor judicial

ART VI I I : J UDI CI AL DEPARTMENT
Judicial power is the power to apply the laws to
contests or disputes concerning legally
recognized rights or duties between the State and
a private person, or between individual litigants,
in cases properly brought before the judicial
tribunals, which includes the power to ascertain
what the valid and binding laws of the State are
and interpret and construe them.
Judicial power is clarified in Sec. 1, Art VIII
Judicial power is vested in the Supreme Court
and other lower courts established by law.
The Supreme Court is a body composed of 15
members (1 Chief Justice and 14 Associate
Justices). They are appointed by the President
from a list of at least 3 nominees prepared by the
Judicial and Bar Council.





Qualifications for Members of the Supreme
Court:
1. Natural-born Filipino citizen
2. At least 40 years of age
3. A judge of lower court or engages in the
practice of law in the Philippines for 15 years
or more
4. Must be of persons of proven competence,
integrity, probity and independence
This enumeration is exclusive; Congress may not
add additional qualifications through ordinary
legislation
Qualifications for Members of the Lower
Collegiate Court:
1. Natural-born Filipino citizen
2. Member of the Philippine Bar
3. Other qualifications that Congress may
prescribe
4. Must be of persons of proven competence,
integrity, probity and independence
Qualifications for Members of the Lower
Courts:
1. Citizen of the Philippines
2. Member of the Philippine Bar
3. Other qualifications that Congress may
prescribe
4. Must be of persons of proven competence,
integrity, probity and independence
POWERS OF THE SUPREME COURT:
1. Judicial review is the power to declare act of
the Executive and Legislative departments
unconstitutional in the light of its conformity
with the Constitution.
2. Jurisdiction refers to the authority of the
court to hear and decide a particular case.
3. Power to temporarily assign judges of
lower courts to other stations as public
interests may require provided that it shall not
exceed 6 months without the consent of the
judge concerned.
4. Power to order a change of venue or place
of trial to avoid miscarriage of justice.
5. Rule-making power
6. Appoint officials and employees of the
judiciary
7. Administrative supervision over court and
personnel
Study hard! Good luck and God bless you!

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