DOCTRINE OF SEPARATION OF POWERS

Originally suggested by Aristotle in his treatise on Politics, and later on

recognized by Marsiglio of Padua, Cromwell, Locke and Montesquieu, the
doctrine of separation enunciates the idea of grouping the powers of
government into three classes and of their apportionment among three
coordinate departments, separate from and independent of each other.
This doctrine is being carried out until this modern day that it is now
incorporated in the constitutions of many states. Among which is the United
States of America. Kilbourne vs. Thompson, 103 US 168, 190, 25L.ed. 377,
ruled:
It operates to maintain the legislative powers to the legislative department,
executive powers to the executive department, and those which are judicial
in character to the judiciary. Through this allocation of powers, the person
entrusted shall not be permitted to encroach upon the power confided to
the others, but that each shall, by the law of its creation, be limited to the
exercise of the powers appropriate to its own department and no other.
There must be independence and equity of the several departments.

Photo source: http://w4.nkcsd.k12.mo.us/~kcofer/k2_branches.jpg

In essence, the separation of powers means that the making of the laws
belongs to Congress, the execution of the laws is to the executive and the
settlement of controversies rests in the Judiciary. Each is prevented from
invading the domain of the others. The purpose of the separation of powers
is to prevent concentration of authority in one department and thereby
avoid tyranny.
The separation of powers however should not be interpreted as complete
separation and absolute exclusion. The doctrine carries that although the
three branches are not subject to the control by either of the others and
each is supreme within its own sphere, they are still equal and coordinate.
Equal because they all derive their powers from the same common
sovereign through the constitution. And coordinate because they cannot
simply ignore the acts done by other departments as nugatory and not
binding.

THE PHILIPPINE GOVERNMENT

This paper discusses the three departments of the Philippine Government
(legislative, executive, and judicial department) and three Constitutional
Commissions, the principles and doctrines underlying their structure and
composition, and their respective roles, powers, and functions. The paper
basically discusses the Constitution of Government.
At the end of the discussion, the students must be able to:
1. Explain the basic political law doctrines involving the Philippine
Government;
2. Explain and distinguish the three branches of the government;
3. Identify and compare the respective roles, functions and composition of
the branches of the government; and
4. Explain and distinguish the powers, functions, and jurisdiction of the three
Constitutional Commissions.

PRELIMINARIES
1. Definition of Government. Government has been defined as that
institution or collection of institutions through which a sovereign society
makes and implements law which enable men to live with each other or
which are imposed upon the people forming the society by those who have
the authority of prescribing them.
2. Definition of Government of the Republic of the Philippines. Under
Section 2(1) of the Administrative Code of the Philippines, the Government
of the Republic of the Philippines is defined as the corporate
governmental entity through which the functions of government are
exercised throughout the Philippines, including, save as the contrary
appears from the context, the various arms through which political authority
is made effective in the Philippines, whether pertaining to the autonomous
regions, the provincial, city, municipal, or barangay subdivisions, or other
forms of local government. In other words, it refers to the corporate
institution which acts as an instrument through which the people exercise
their sovereignty. It is composed of the central or national government and
local government units.
3. Overview of the Structure of the Philippine Government. As provided in
Article II of the Constitution, the Philippine Government is democratic and
republican. It follows the separation of powers, so that as provided in

Articles VI, VII and VIII, it divides itself into three branches: Legislative,
Executive, and Judicial. Although these branches have their own particular
powers and functions, they form only one coherent government with a
common purpose. Independent Constitutional Commissions were also
created as constitutional safeguards for the other aspects of governance in
the Philippines, such as audit of public funds, conduct of elections, and
maintenance of civil service. The intricacies of Philippine bureaucracy are
laid down in the Constitution of Government, which will be discussed below.

SEPARATION OF POWERS
Meaning of the Doctrine
The Doctrine of Separation of Powers entails: first, the division of the powers
of the government into three, which are legislative, executive, and judicial;
and second, the distribution of these powers to the three major branches of
the government, which are the Legislative Department, Executive
Department, and the Judicial Department. Basically, it means that the
Legislative Department is generally limited to the enactment of the law and
not to implementation or interpretation of the same; the Executive
Department is generally limited to the implementation of the law and not to
the enactment or interpretation of the same; and the Judicial Department is
generally limited to the interpretation and application of laws in specific
cases and not to the making or implementation of the same.
Purpose of the Doctrine
Prevention of Monopoly of Power. Separation of powers is said to be an
attribute of republicanism, in that, among other reasons, it seeks to prevent
monopoly or concentration of power to one person or group of persons, and
thereby forestalls dictatorship or despotism. Sovereignty resides in the
people, and it should remain that way. Government officials, who are the
representatives of the people, must exercise the powers of their office in the
interest of the public. While representational exercise of power brings out
the essence of republicanism, too much concentration of power rips it apart,
as was experienced some administrations.
Separation not Exclusive
Important to understand is the meaning of separation not as exclusivity
but as collaboration. While each of the Departments exercises its
respective power, it does so in collaboration with the other Departments
because in the end they all belong to one unified government with a
common purpose. Appointment, for example, of Members of the Supreme
Court by the President must be upon the recommendation of the Judicial

and Bar Council. In here before the President, who belongs to the executive
branch, appoint a Supreme Court justice, a recommendation must first be
given to him by the JBC, which is an independent body in the judiciary.
Another example would be the use of public funds. In here, the President
prepares the budget, on the basis of which the Congress enacts an
appropriations bill which will then be submitted and approved by the
President.
Checks and Balances
From the examples above one can understand the corollary doctrine of
checks and balances. Under the doctrine, there is no absolute separation
of the three branches of the government, but to maintain their coequality
each department checks the power of the others. Generally, the
departments cannot encroach each others power, but constitutional
mechanisms allow each one of them to perform acts that would check the
power of others to prevent monopoly, concentration, and abuse of power.
For example, the Judicial and Bar Council recommends nominees to the
President so that the latter will not capriciously appoint someone whom he
can easily convert into a puppet and thereby become his medium to control
the judiciary. In the same way, the disbursement of public funds cannot
depend solely upon the discretion of the President, but must be based on
legislation by the Congress.
Presidential System
The Philippines has a presidential form of government because it observes
the principle of separation of powers. The ordinary connotation of
presidential system is that it is headed by a president, as distinguished from
a parliamentary system which is headed by a prime minister. The real
essence, however, of the presidential system and that which distinguishes it
from the parliamentary is its strict observance of the separation of powers.
Under the presidential system, any governmental act in violation of the said
doctrine is null and void. The government is divided into three branches and
each is limited to the power delegated to it. On the contrary, under the
parliamentary form, the legislative and executive branches are coordinate
branches so that the two organs are fused together as one body
performing both legislative and executive functions. The Prime Minister, for
example, is chosen from among the lawmakers in the parliament to become
the head of the state. His term is at the pleasure of the parliament, thus,
making the executive branch intrinsically merged with the legislative.
THE LEGISLATURE AND THE LEGISLATIVE PROCESS
Legislative Power

1. Meaning. The word legislative is derived from the Latin lex which
means law. In general, legislative power refers to the power to make and
unmake laws. Laws are rules or collection of rules, whether written or
unwritten, prescribed under the authority of a political society for the
common good. The Legislative Department (Legislature) is the law-making
branch of the government.
2. Delegation to the Congress. Fundamentally, legislative power is an
attribute of sovereignty, in that the Constitution itself, the fundamental law
of the State, is a legislation of the sovereign people. However, through the
Constitution, the people delegated the legislative power to the Congress
of the Philippines. Section 1, Article VI states that Legislative power shall
be vested in the Congress of the Philippines The delegation of power
entails a surrender of authority to the representatives, or in the case of
legislative power, to the Congress. Thus, law-making can only be performed
by the Congress, even if the law it enacts involves the people.
3. Reservation to the People. The Constitution, however, makes a
reservation as to the delegation, in that it explicitly states: except to the
extent reserved to the people by the provision on initiative and
referendum. In other words, there is no complete delegation of law-making
power to the Congress, as the power is reserved to the people in cases of
initiative and referendum. Thus, laws are made or unmade, first, by the
Congress in the form of statutes, and second, by the people in initiatives
and referendums; legislative power is exercised by the Congress and the
sovereign Filipino people.
4. Legislative Power as Exercised by Congress. Legislative power as
exercised by Congress manifests itself more specifically in the Constitution
as power of appropriation, power of taxation, and power of
concurrence.
(a) Power of Appropriation. Section 29 (1), Article VI speaks of the power to
appropriate. It states, No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law. Appropriation means the
authorization by law for the use of a certain sum of the public funds. An
appropriations law is necessary before public funds may be spent by the
government for its projects. The government needs money in all its
activities and projects so that the power of appropriation, also known as the
power of the purse, is said to be one of the most important prerogatives
of the Congress.
(b) Power of Taxation. The power, which is one of the inherent powers of the
state, is generally exercised by the legislative department. The Constitution
limits such power as follows: The rule of taxation shall be uniform and
equitable. The Congress shall evolve a progressive system of taxation. As
was discussed in Chapter 4, taxation must be uniform, equitable, and
progressive. Any law passed by the Congress contrary to this provision is
null and void.

(c) Power of Concurrence. Section 21, Article VII states that no treaty or
international agreement shall be valid and effective unless concurred in by
at least two-thirds of all the Members of the Senate. This refers to the
power of concurrence of the Congress in which no treaty can become
binding and effective as a domestic law without the two-thirds concurrence
of the Members of the Senate.
Non-Delegation of Powers
1. Meaning and Explanation. The Congress cannot further delegate the
power delegated to it by the people. This is in keeping with the principle of
non-delegation of powers which is applicable to all the three branches of the
government. The rule states that what has been delegated cannot further
be delegated potestas delegata non delegari potest. A delegated power
must be discharged directly by the delegate and not through the delegates
agent. It is basically an ethical principle which requires direct performance
by the delegate of an entrusted power. Further delegation therefore
constitutes violation of the trust reposed by the delegator on the delegate.
The people, through the Constitution, delegated lawmaking powers to the
Congress, and as such, it cannot as a rule delegate further the same to
another.
2. Exceptions. In order to address the numerous and complex demands of
legislative function, the Constitution provides exceptions to the rule. Further
delegation is permitted in the following cases:
(a) Delegation to the people at large. The Congress further delegates its
legislative power by allowing direct legislation by the people in cases of
initiative and referendum;
(b) Delegation of emergency powers to the President. Section 23 (2), Article
VI of the Constitution states that in times of war or other national
emergency, the Congress may, by law, authorize the President, for a limited
period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy.
Emergency powers are delegated to the President by the Congress to
effectively solve the problems caused by war or other crisis which the
Congress could not otherwise solve with more dispatch than the President;
(c) Delegation of tariff powers to the President. Section 28 (2), Article VI of
the Constitution states that 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. Tariff powers are
delegated to the President by the Congress to efficiently and speedily solve
economic problems posed by foreign trade which the Congress could not
otherwise address with more dispatch than the President;

(d) Delegation to administrative bodies. The Congress delegates the so

called power of subordinate legislation to administrative bodies. Due to
the growing complexity of modern society, it has become necessary to allow
specialized administrative bodies to promulgate supplementary rules, so
that they can deal with technical problems with more expertise and dispatch
than the Congress or the courts. Regulations or supplementary rules passed
by the administrative bodies are intended to fill-in the gaps and provide
details to what is otherwise a broad statute passed by Congress. For the
rules and regulations to be valid and binding, they must be in accordance
with the statute on which they are based, complete in themselves, and fix
sufficient standards. If any of the requirements is not satisfied, the
regulation will not be allowed to affect private rights; and
(e) Delegation to the local governments. This delegation is based on the
principle that the local government is in better position than the national
government to act on purely local concerns. Legislative power is therefore
given to them for effective local legislation.
Bicameralism and Composition of Congress
1. Bicameralism in the Congress. The Constitution prescribes bicameralism
in the Congress. Congress, to whom legislative power is vested, shall
consist of a Senate and a House of Representatives. Bicameralism is a
traditional form of legislative body consisting of two chambers or houses,
one representing regional interests and the other representing national
interests. The Congress of the Philippines is said to be bicameral because it
consists of two houses: the House of Representatives, which is concerned
with local issues, and the Senate, which is concerned with national issues.
These two are co-equal branches and their primary function is law-making.
2. The Senate. The Senate and its members are described in the
Constitution as follows:
(a) Composition. The Senate is composed of twenty-four Senators who shall
be elected at large by the qualified voters of the Philippines, as may be
provided by law. It is said to be the training ground of future Presidents
because membership in the Senate requires national constituency and
demands a broad circumspection of the issues and problems of the country.
(b) Qualifications of a Senator. To be a senator, one must be a natural-born
citizen of the Philippines and, on the day of the election, is at least thirtyfive years of age, able to read and write, a registered voter, and a resident
of the Philippines for not less than two years immediately preceding the day
of the election.
(c) Term. Each Senator shall have a term of six years and he shall serve for
not more than two consecutive terms.
3. The House of Representatives. The House and its members are described
in the Constitution as follows:

(a) Composition. The House of Representatives is composed of District

Representatives and Party-list Representatives. On the one hand, district
representatives or congressmen as they are commonly called, whose
number is now fixed by law, are elected from the legislative districts in
provinces and cities. On the other hand, party-list representatives are
elected at large through a party-list system of registered national, regional,
and sectoral parties or organizations. Twenty percent of the total number of
all the members of the House of Representatives constitutes the party-list
representatives.
(b) Qualifications of a Member. To be a member of the House of
Representatives, one must be a natural-born citizen of the Philippines and,
on the day of the election, is at least twenty-five years of age, able to read
and write, and, except the party-list representatives, a registered voter in
the district in which he shall be elected, and a resident thereof for a period
of not less than one year immediately preceding the day of the election.
(c) Term. Each Member has a term of three years and shall serve for not
more than three consecutive terms.
4. The Officers of the Congress are the Senate President, who heads the
sessions in the Senate, and the House Speaker, who heads the House of
Representatives. They are elected by majority vote of all their respective
members. If it deems necessary, each House can choose other officers.
Party-list Representation
1. Meaning and Purpose. The party-list system aims at establishing
representation of the underprivileged. It is a social justice tool designed not
just to make the underprivileged mere beneficiaries of law but to make
them lawmakers themselves. It opens up the political system to the
prejudiced and underrepresented sectors of the society. Under the present
rule, however, party-list representatives need not represent only the
marginalized and the underrepresented; national political parties can
participate through their sectoral wings provided they are registered
separately in the COMELEC. Party-list representatives after all may
represent not just a marginalized or underrepresented sectors but also
ideologies germane to democracy.
2. Parameters for Allocation of Seats. As to the allocation of seats of partylist representatives in the House of Representatives, the parameters are:
(a) Twenty percent allocation in the House (Sec. 5(2), Art. VI);
(b) To qualify to a seat, at least two percent of the votes is casted on the
party;
(c) A qualified party is entitled to a maximum of three seats; and
(d) Proportional representation as to the number of additional seats vis--vis
the total number of votes cast.

Sessions and Quorum

1. Kinds of Session. The Congress has regular sessions and special sessions.
On the one hand, the regular sessions are conducted once a year starting
on the fourth Monday of July and continue as long as the Congress deems it
necessary but only until thirty days before the next regular session. On the
other hand, special sessions are conducted anytime upon the call of the
President on subjects he wishes to consider. This can last for as long as the
Congress wants.
2. Quorum. In order to transact business during its regular or special
sessions, each House must meet the quorum or majority of the body. One
half of the members plus one is the majority. No law can be passed or a
legislative function discharged unless the quorum is reached. In determining
the quorum, however, members who are abroad, suspended or otherwise
prevented from participating are not counted. Only those who are in the
Philippines and on whom the Congress has coercive power to enforce its
authority and command are counted. For example, if one of the members of
the Senate is outside the Philippines, the base number is twenty three
because the Senator abroad is not counted. The quorum is therefore twelve
since it is the majority of twenty three.
3. Recess. Thirty days before the next regular sessions, the Congress shall
have its compulsory recess or adjournment. But each House can adjourn for
a voluntary recess provided that the consent of the other House is obtained
if the adjournment is for three days or to any other place than that to which
the two Houses are sitting.
Parliamentary Immunities
1. Meaning. Parliamentary immunity refers to the privilege given to
Members of the Congress intended to ensure their effective discharge of
legislative functions and maintenance of representation in the Congress.
2. Two Kinds of Immunity. The Constitution provides two kinds of immunities:
immunity from arrest and privilege of speech and debate. Section 11,
Article VI states: A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than six years imprisonment,
be privileged from arrest while the Congress is in session. No Member shall
be questioned nor be held liable in any other place for any speech or debate
in the Congress or in any committee thereof.
(a) Immunity from arrest refers to the freedom of Senators and Members of
the House of Representative from arrest while the Congress is in session,
whether regular or special, from the time it convenes until its final
adjournment. The offense, however, of which the arrest is made must not be
punishable for more than six years of imprisonment. For example, if Senator
Pedro is charged for the crime of simple theft while the Congress is still in

session, he cannot be arrested because simple theft is not punishable for

more than six years of imprisonment. But if he is charged for rape, he may
be arrested even though the Congress is in session because rape is
punishable by more than six years imprisonment.
(b) Privilege of speech and debate refers to the freedom of Senators and
Members of the House of Representatives from being questioned or held
liable in any place for any speech or debate in the Congress or in any
committee thereof. This is to give leeway to the members of the Congress to
express their ideas without fear of being held liable in the courts of justice
for the effective discharge of their duties. It must be noted, however, that
the privilege is effective only in speeches and debates made in the
Congress or in those uttered by the legislator in his capacity as member of
the Congress. Moreover, although the legislator cannot be held liable before
the courts, he could be held liable in the Congress itself for words or
conduct unbecoming of a member. For example, if Congressman Pedro,
during his speech before the House, uttered unsavory remarks against a
fellow member, he cannot be charged for libel before the courts but he can
be made liable in the House itself for words or conduct unbecoming of a
member of the House.
Restrictions and Disqualifications
1. Conflict of Interest. The Constitution demands transparency in the
Congress, particularly in the financial and business interests of its members,
in order for the legislature to be aware of a potential conflict of interest.
Potential conflict of interest happens when a legislator derives financial
advantage from a law which he legislates or was legislated during his term
and the body was not notified of such conflict. It constitutes betrayal of
public trust in that the personal interest of the legislator is placed over that
of the public. Note however that the legislator can still propose a law even if
there is a potential conflict of interest for as long as he has notified the body
about it. The purpose therefore of this requirement is to allow the House to
better examine the legislation vis--vis the legislator.
2. Incompatible Office. In keeping with doctrine of separation of powers, the
Constitution provides that no Senator or Member of the House of
Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat. This disqualification refers to the
incompatible office which is any other office in the government that if held
by a member of the Congress would result to the forfeiture of his seat in the
Congress. The provision allows a member to hold an incompatible office but
the result is the automatic forfeiture of his seat. For example, if during the
term of Senator Pedro he becomes the head of a government-owned and

controlled corporation, he will no longer be Senator because of the

automatic forfeiture, the GOCC being an incompatible office.
3. Forbidden Office. Another disqualification involves the so-called
forbidden offices or offices which have been created or the emoluments of
which were increased while the legislator was a member of the Congress.
The purpose of this disqualification is to prevent legislators to create an
office or to increase its emoluments for personal gain. Pursuant to this
disqualification, a Senator, for example, cannot be appointed to a civil or
military office which was created while he was still a senator. The
disqualification lasts for the entire six-year term even if the member resigns
before the end of his term.
Independent Bodies
1. The Constitution creates two independent bodies in the Congress
especially to perform non-legislative functions and to check the appointing
power of the Chief Executive, to wit: (a) the Electoral Tribunals and (b)
Commission on Appointments. Although majority of their members come
from the Congress, they considered independent bodies in that they have
the exclusive right to prescribe their own rules of procedure, they have their
own set of employees who are under their control and supervision, and they
have their own function distinct from that of the Congress.
2. Electoral Tribunal. To ensure fairness and impartiality in deciding election
contests involving members of the Congress, each House in the Congress
shall have an Electoral Tribunal: the Senate Electoral Tribunal in the
Senate, and House of Representatives Electoral Tribunal in the House of
Representatives. Each Electoral Tribunal shall be the sole judge of all
contests relating to the election, returns, and qualifications of their
respective Members. Each shall be composed of nine members, three are
Justices of the Supreme Court, and six are members of the Senate or the
House of Representatives, as the case may be. The Chairman shall be the
senior Justice. While the member Justices are designated by the Chief Justice
of the Supreme Court, the six other legislator members are chosen on the
basis of proportional representation from political parties and party-list
organizations (duly registered under the party-list system) in the Congress.
Thus, if there is an election contest, for instance, involving the qualifications
of Congressman Juan, the case shall be decided by the House of
Representatives Electoral Tribunal which is the sole judge of election
contests involving the Members of the House of Representatives.
3. Commission on Appointments. Another independent body in the Congress
is the Commission on Appointments which was created to check the
appointing power of the President, specifically in appointments to
importance offices in the government. It consists of twenty five members:
the Senate President, as ex officio Chairman, twelve Senators, and twelve

Members of the House of Representatives. The Senators and Members of

the House are elected by their respective Houses based on proportional
representation from the political parties and party-list organizations (duly
registered under the party-list system) in the Congress. The function of the
Commission is to approve or disapprove the nominations submitted to it by
the President to appointments that require its approval. For example, before
a Cabinet Member may be appointed, the President must first submit his
nomination for approval to the Commission on Appointments. With the
approval, there could be no appointment.
Procedure of How a Bill Becomes a Law
1. Bill vs. Statute. Among the most important things studied in Article VI,
The Legislative Department, is the procedure of how a bill becomes a law. A
bill is a proposed law. As such, it is not yet binding nor does it confer or
affect the rights and duties of individuals. It becomes a law only after it has
gone through all the formalities and solemnities of the legislation process as
prescribed in the Constitution. The law enacted by the Congress is called a
statute.
2. The procedure is as follows:
(a) A bill is introduced by any Member of the Senate or the House of
Representatives by filing it with the Office of the Secretary where it is
calendared for the First Reading. Some bills, however must originate
exclusively from the House of Representatives, such as the appropriation,
revenue or tariff bills, bills authorizing increase of the public debt, bills of
local application, and private bills, although the Senate may propose or
concur with amendments.
(b) During the first reading the number, title, and name/s of author/s are
read. The subject of the bill as expressed in its title must only be one in
order to avoid hodge-podge or log-rolling legislation which entails insertion
of many unrelated subjects. The bill is referred to an appropriate committee
for study. Public hearings or consultations may be conducted by the
committee before it recommends the bill for approval, with or without
amendments, or for consolidation with similar bills, or for disapproval. If it is
disapproved, the bill is said to be killed. If approved or reported out, it will
calendared for the second reading.
(c) During the second reading, which is the start of the most important
stage, the bill is read in its entirety, together with the amendments
introduced by the committee, if there are any. The bill will thereafter be
debated upon and amended if the members deem it necessary.
(d) The approved bill in the second reading is printed in its final form and
copies of it are furnished to the members three days before the third
reading. During the third reading, only the title of the bill is read, and
immediately after, the Members will vote thereon and their votes (yeas and

nays) will be entered in the journal. No further amendments are allowed.

(e) The approved bill is referred to the other house where it also undergoes
three readings on three separate days. If compromise or reconciliation of
conflicting provisions is necessary because of the differences in the House
Bill and Senate Bill version, the bill shall be submitted to a joint bicameral
committee.
(f) After the bill has been approved on third reading on both Houses it shall
be submitted to the President for his action. He approves by signing the bill;
he disapproves by vetoing and returning the bill with his objections to the
House of origin. In order to override the veto of the President, two-thirds of
all the Members of each house voting separately must agree to pass the bill.
If the President will not act on the bill in thirty days, the bill shall become a
law as if signed by him. Pocket veto is not allowed under the laws.
(g) The enrolled bill or bill as printed and approved by the Congress and the
President shall be published in a newspaper of general circulation or in the
Official Gazette of the Government and shall become binding fifteen days
following its publication unless another date is provided therein.
3. Three Readings on Three Separate Days. What is important to remember
in all these steps is the rule of three readings on three separate days.
Except when the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency, no bill can become a
law unless it passes three readings on three separate days in both Houses
of the Congress.
Non-legislative and other Powers of Congress
1. Non-Lawmaking Powers. Aside from lawmaking, Congress performs nonlawmaking functions, such as initiation and holding of impeachment (Art. XI,
Sec. 2), acting as a constituent assembly (Article XVII, Sec. 1), declaration of
existence of war (Art. VI, Sec. 1), approval of Presidential appointments
through the Commission on Appointments (Art. VI, Sec. 17), and deciding
election cases involving its members (Art. VI, Sec. 16).
2. Power to Declare the Existence of War. Section 23 (1), Article VI states
that the Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the
existence of a state of war. This means that when the Philippines is under
attack by foreign invaders, the Congress by means of enacting a law,
affirms that the Philippines is already at war with the enemy. War is not
solely controlled by the President who is the commander in chief of the
military; it is likewise controlled by the legislature because it has power over
the money used in the war.
3. Legislative Inquiries. The Congress also conducts legislative inquiries
which power is necessarily implied in its power to legislate. Legislative
inquiry is a process held in the Congress especially conducted to
compulsorily obtain requisite information from witnesses in aid of

legislation. The process and the requite information taken are necessary to
legislate wisely and effectively. The Constitution provides limitations, to wit:
(1) the inquiries must be in aid of legislation; (2) it must be in accordance
with the duly published rules of procedure of the Congress; and (3) the
rights of persons appearing shall be respected.
4. Question Hour. Inquiries may also be conducted to obtain information
from the heads of departments on matters pertaining to how laws are
implemented. This is called the question hour. The manner of obtaining
information, however, is not compulsory because of the doctrine of
separation of powers. The heads of the departments are alter egos of the
President; to maintain the co-equality of the executive and legislative
branch, either House of Congress may only request for the appearance of
the department heads. Conversely, the department heads may appear but
the Congress is not obliged to hear them. Question hour is different from
legislative inquiry in that appearance in the former is not compulsory, while
appearance in the latter is compulsory; information derived in the former is
in exercise of oversight functions, while informative derived in the latter is
in aid of legislation; and the former is not among the traditional processes of
a presidential government, while the latter is an inherent legislative power
under a presidential government.

THE EXECUTIVE AND EXECUTIVE PROCESS

Executive Power
1. Meaning. Executive power includes, first, the power to implement and
administer the law, and, second, other powers necessary to carry out the
same. Section 1, Article VII provides that the executive power shall be
vested in the President of the Philippines, so that his primary role is to
ensure that the laws are faithfully executed. That executive power is given
to the President alone makes him the most potent official in the
government. But while much is given to him, much is also expected. The
limits of his awesome powers are structurally provided in the Constitution to
prevent irresponsible and despotic exercise thereof.
2. Doctrine of Qualified Political Agency. While executive power is given only
to the President, the President can appoint Members of his Cabinet whom
the law considers as his alter egos (extensions of himself). Under the
doctrine of qualified political agency, the acts of the Members of the Cabinet
are deemed to be the acts of the President unless reprobated or altered by
him. The Cabinet Members are political agents of the President who help
him discharge his powers and duties which alone he cannot efficiently
perform. They are the heads of the departments who serve as presidential

advisers. Just as the President has the power of control over them, he also
has the power to remove them, him being still the chief of administration.
Presidential Privileges
1. Meaning. Presidential privilege refers to an immunity or privilege granted
to the President intended for the effective performance of his executive
functions and duties.
2. Kinds. The President is granted the privilege of immunity from suit and
executive privilege.
(a) Immunity from suit means that the President cannot be sued, if he
invokes such privilege, for any civil or criminal action during his tenure. In
one case, the Court said that the rationale for the grant of the privilege of
immunity from suit is to assure the exercise of the Presidential duties and
functions free from any hindrance or distraction, considering that being the
Chief Executive of the Government is a job that, aside from requiring all of
the office-holders time, also demands undivided attention. After his
tenure, however, the President can no longer invoke immunity for nonofficial acts.
(b) Executive privilege refers to the power of the President to withhold
confidential information from the other branches of the Government and the
public. Among these types of information covered by the privilege are: (i)
conversations and correspondence between the President and the public
officials (covered by E.O. 464); (ii) military, diplomatic, and other national
security matters which in the interest of national security should not be
divulged; (iii) information between inter-government agencies prior to the
conclusion of treaties and executive agreements; (iv) discussion in closedoor Cabinet meetings; and (v) matters affecting national security and
public order. These types of information are closed or withheld from the
other branches and the public because they are crucial for the exercise of
executive functions and to prevent the potential harm resulting from the
disclosure of the same. Thus, the President and the Cabinet Members, for
instance, can invoke executive privilege even in the Congress during
legislative investigations.
Qualifications, Manner of Election, and Term
1. The President. The Constitution provides the qualifications, manner of
election, and term of the President as follows:
(a) Qualifications. Section 2, Article VII of the Constitution provides the
qualifications of a President, to wit: (i) he must be a natural-born citizen of
the Philippines; (ii) a registered voter; (iii) able to read and write; (iv) at
least forty years of age on the day of the election; and (v) a resident of the
Philippines for at least ten years immediately preceding such election.
(b) Manner of Election. He is elected at large by the direct vote of all
qualified citizens.
(c) Term. His term is six years, for which he cannot seek for reelection. He

may be removed from office through impeachment.

2. The Vice-President. Section 3, Article VII states that the Vice-President has
the same qualifications and term of office as the President, for the reason
that his primary role is to succeed the President in case of vacancy due to
the latters death, permanent disability, or resignation. He may also be
removed from office in the same manner as the President. However, the
Vice-President may serve for two consecutive terms.
3. When Qualifications must be Present. It must be noted that the
qualifications must be present on the day of the election and not on the day
of filing the Certificate of Candidacy or the day of proclamation of the
President-elect. Thus, one can still run for President even if he is still thirty
nine years old on the day of filling the certificate of candidacy, for as long as
he is forty years old on the day of the election. Worthy of note also is the
Constitutional limitation on the term of the President, that is, he cannot seek
for reelection. The manifest purpose of this is to prevent despotism and to
protect the highest public official from being consumed by the
overwhelming powers of Presidency.
Presidential Succession
1. Two Rules on Presidential Succession. Section 7 and Section 8, Article VII
prescribe the rules for presidential succession or the manner of filling a
vacancy in the presidency. Section 7 talks of succession when vacancy
happens at the start of the term of the President-elect, while Section 8 talks
of succession when vacancy happens at the mid part of the term of the
incumbent President. These rules are important because they provide
immediate remedy for filling the vacancy in the highest and most crucial
seat of the land.
2. Succession at the Start of the Term. Under Section 7, Article VII, the rule
is:
(a) The Vice-President becomes the Acting President in the event that the
President-elect fails to qualify, or when no President was chosen;
(b) The Vice-President becomes the President in the event that the
President-elect dies or becomes permanently disabled; and
(c) The Senate President or, in case of his inability, the House Speaker,
becomes the Acting President on the event that no President and VicePresident are chosen or qualified, or where both died or become
permanently disabled.
In the first case, the Vice-President acts as President until a President-elect
is qualified and chosen. In the second case, the Vice-President does not only
act as President but becomes the President. And in the third case, the
Senate President or, in his inability, the House Speaker acts as President
until a President or a Vice-President are chosen and qualified.
3. No Presidential Hold-Over. Note well that the former President, whose
term already expired, has no right of hold-over. So as not to repeat the

dictatorship of the past, the Constitution is strict with the six-year term limit.
No extensions are allowed, not even in a hold-over capacity. Thus, if no
President assumes office after the election, the former President is not
allowed to continue discharging the functions of the presidency.
4. Succession at the Mid-Part of the Term. Under Section 8, Article VII, the
rule is:
(a) the Vice-President becomes the President for the unexpired term in case
of the latters death, permanent disability, removal from office, or
resignation; and
(b) if the same happens to both the President and the Vice-President, then
the Senate President or, in case of his inability, the House Speaker, will act
as President until the President or Vice-President will be elected and
qualified.
5. Vacancy in the Office of the Vice-President. If the Office of the VicePresident is vacant as a consequence of presidential succession, the
President shall nominate a Vice-President from among the Members of
Congress who shall assume office upon confirmation of the Members of
Congress. For example, when former President Joseph Estrada was ousted
from Malacanang through People Power, he was succeeded by then VicePresident Gloria Arroyo. As a matter of course, the Office of the VicePresident became vacant. Thus, the new President, Gloria Arroyo,
nominated then Senator Teofisto Ginggona for Vice-President whose
nomination was confirmed by the Members of Congress. Note that President
Arroyo could have nominated any Member of the Congress, that is, either a
Senator or a Member of the House of Representatives for Vice-Presidency.
6. Temporary Disability of the President. And lastly, Presidential succession
also happens when the President is temporarily disabled. The temporary
disability of the President, of which the public must be informed, is
determined by:
(a) the President himself through a written declaration transmitted to the
Senate President and House Speaker, in which case the Vice-President
becomes the Acting President;
(b) majority of Cabinet Members through a written declaration transmitted
to the two officials, in which case the Vice-President becomes the Acting
President; and
(c) 2/3 vote of both Houses of Congress, voting separately, in case there is a
dispute between the President and the Cabinet Members, in which case the
Vice-President also becomes the Acting President.
Presidential incapacity is said to be terminated when the President or his
Cabinet Members transmit to the Congress that the inability no longer
exists, or in case the temporary disability was declared by the Congress,
when both Houses by 2/3 vote, each voting separately, declare the
termination of presidential incapacity.

Inhibitions and Disqualifications

The Constitution provides many inhibitions and disqualifications on the
President, Vice-President, Cabinet Members, and their deputies and
assistants. The subjects of the inhibitions and disqualifications are: (1)
increase in their salaries and emoluments; (2) the holding of other offices;
(3) appointment of relatives; and (4) midnight appointment.
1. Inhibition on Salary. The Congress fixes by law the salaries of the
President and Vice-President. The salaries cannot be decreased during their
tenure, but the same can be increased. The increase takes effect only after
the expiration of the term of the President and Vice-President during whose
term the increase was approved.
2. Disqualification on Holding Other Offices. They cannot also receive during
their tenure any other compensation or allowances from the Government or
any other source. The reason for this is that they cannot hold any other
office or employment, unless otherwise provided in the Constitution. Their
office, being very important and crucial in the government, demands their
full time and attention. The disqualification also prevents them from
extending special favors to their own private business which comes under
their official jurisdiction, and assures the public that they will be faithful and
dedicated in the performance of their functions. Public office is public trust,
so that it cannot be used for personal benefit and familial advantage. Thus,
they shall strictly avoid conflict of interest in the conduct of their office.
It should be noted that the Vice-President can be appointed as Member of
the Cabinet and his appointment need not go through the Commission on
Appointments. This is an exception to the above prohibition, of which its
purpose is to give due reverence to the second highest office of the land
and more importantly to give him a function other than being a mere
President Reserve.
3. Prohibition against Appointment of Relatives. Nepotism is prohibited by
the Constitution. Nepotism happens when the President, during his tenure,
appoints his spouse and relatives by consanguinity or affinity within the
fourth civil degree as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries. Public office is not a property, nor can it
be shared and passed as a matter of right to family members. The
Philippines is not the kingdom of the President; his office is only entrusted to
him by the people who are the sovereign rulers of the country and to whom
he must serve with utmost responsibility, integrity, loyalty, and efficiency.
4. Prohibition against Midnight Appointments. Midnight appointments are
also prohibited by the Constitution. Midnight appointment refers to
presidential appointment after election but before assumption to office of
the next President. Section 15, Article VII provides that two months

immediately before the next presidential elections and up to the end of his
term, a President or Acting President shall not make appointments. This is
essentially a limitation to the appointing power of the President. The
purpose of the prohibition is to avoid using the Presidency for partisan
considerations and for vote buying. It is also rude and unstatesman-like for
an outgoing President to appoint within the said period so as to prevent the
incoming President to exercise his prerogative of selecting his own set of
officers.
Powers of the President
The President of the Philippines has specific powers provided in the
Constitution, to wit: (1) appointing power; (2) power of control and
supervision; (3) military power; (4) pardoning power; (5) diplomatic power;
(6) residual power; (7) delegated power; and (8) veto power.
1. Power of Appointment.
(a) Meaning. Appointment is one mode of putting a person in office in which
an appointing authority selects a person to discharge the functions of an
appointive office. The power is exercised by the President, although
legislative and judicial officials can also appoint their respective personnel.
(b) Types of Appointment. There are four types of presidential appointments:
(i) Appointment by an Acting President ;
(ii) Temporary appointment ;
(iii) Regular appointment ; and
(iv) Ad interim appointment.
(c) Appointments Distinguished from Each Other. Appointment by an Acting
President may be revoked by the elected President within ninety days from
his assumption or reassumption of office. If it were not revoked, the
appointment remains effective, as if it were the President-elect who made
the appointment. Temporary appointment is appointment made prior a
presidential election that is subject to a possible cancellation or revocation
of the President-elect. As an exception to midnight appointments,
temporary appointments may be extended by an outgoing President to
executive positions when continued vacancies therein will prejudice public
service or endanger public safety. Regular appointment is presidential
appointment made with or without the consent of the Commission on
Appointments. And Ad interim appointment is appointment made during the
recess of the Congress, whether voluntary or compulsory, which is effective
until disapproved by the Commission on Appointments or until the next
adjournment of the Congress.
(d) Ad Interim Appointment vs. Regular Appointment. Ad interim
appointment is different from regular appointment, in that the purpose of
the former is to prevent hiatus or lull in government offices, while that of the
latter is to simply fill an office in the ordinary course of business; an ad

interim appointee immediately assumes office, while a regular appointee

does not, since confirmation by the Commission on Appointments is still
required. Moreover, an ad interim appointment is different from temporary
appointment. Although the former is subject to the revocation of the
Congress (through the Commission on Appointments), it is not temporary
because it takes effect immediately and cannot be revoked or withdrawn by
the President if the ad interim appointee is qualified. In fact, ad interim
appointment is permanent and its subsequent disapproval does not change
its nature. Lastly, an ad interim appointment is different from appointment
in acting capacity, in that the former requires confirmation of the
Commission on Appointments, while the latter does not; the former is
permanent, while the latter is temporary; and the former is made during
recess, while the latter in made either during recess or not.
(e) Appointments Requiring Confirmation. Section 16, Article VII provides an
exclusive list of Presidential appointees whose appointments require the
confirmation of the Commission on Appointments. These officials are: (1)
the department secretaries, ambassadors, other public ministers and
consuls; (2) officers of the armed forces from the rank of colonel or naval
captain; (3) other officers whose appointments are vested in him in the
Constitution; (4) all other officers of the Government whose appointments
are not otherwise provided for by law, and those whom he may be
authorized by law to appoint; and (5) the heads of departments, agencies,
commissions, boards, those lower in rank in the President. Members of the
Constitutional Commissions and regular members of the Judicial and Bar
Council are officers whose appointments are vested in him in the
Constitution. The list is exclusive, thus, other appointments by the President
do not require consent of the Commission on Appointments.
The appointees are subject to the control of the President in line with the
doctrine of the qualified political agency. The President has the power to
change and set-aside their acts.
2. Power of Control and Supervision.
(a) Control. The President has control over all executive departments,
bureaus, and offices; as chief administrator, he has the primary duty to
ensure that the laws are faithfully executed. Power of control refers to the
power of the President, being the Chief Executive, to alter, modify or set
aside the acts of his subordinates and substitute his judgment for that of the
latter. His subordinates include the Cabinet Members or heads of the
executive departments, heads of bureaus and offices, and their
subordinates and assistants. The Cabinet Members are alter egos of the
President as enunciated in the doctrine of qualified political agency; thus,
the President has the power to alter or set aside their acts. Moreover, the
power of control is connected to the appointing power of the President. Just
as he can put people to appointive positions, he can also investigate,
discipline, suspend, and remove them when they become inefficient or

corrupt.
(b) Supervision. The power of control includes the power of supervision. The
power of supervision refers to the authority to oversee a subordinate officer
and to see to it that he performs his functions and duties in accordance with
law. It generally includes the power to investigate. It must be noted that the
power of control is broader than the power of supervision, since the former
includes the latter. The President has power of supervision over local
government units, in which he can investigate and see to it that they
perform their duties in accordance to established laws. He does not,
however, have power of control over them, so that he cannot change their
acts or substitute his judgment for their judgment.
3. Military Powers.
The President is granted military powers, the primary purpose of which is to
maintain civilian supremacy over the military. The power includes: (a)
calling-out power; (b) power to suspend the privilege of the writ of habeas
corpus; and (c) power to declare martial law.
(a) President as Commander-in-Chief. Section 18, Article VII states that the
President is the Commander-in-Chief of the armed forces of the Philippines,
and whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion. As the highest
civilian officer, the President is also the highest military authority. This is so
because civilian authority should, at all times, be supreme over the military
in the democratic, republican Philippines. The military is the single most
power institution equipped by law to use violence and force. Thus, to
prevent military takeover, the fundamental law makes a civilian the
commander-in-chief of the military. Although the President lacks military
training, the ideals of democracy dictate that he should possess the
tremendous power of controlling and directing the military even in times of
war. While he may delegate to, and ask advice from, military men, the
ultimate authority to direct and call out the armed forces is with him. Not
even the courts can question him in exercise of this prerogative of calling
the armed forces to prevent or suppress lawless violence, invasion or
rebellion.
(b) Suspension of the Privilege of Habeas Corpus. Section 18, Article VII also
expressly gives the President the power to suspend the privilege of the writ
of habeas corpus. The writ of habeas corpus is a written order issued by the
court directing a person detaining another to produce (habeas) the body
(corpus) of the latter and to explain before the court his authority for
detaining the latter. Habeas corpus is a special proceeding which provides
speedy remedy for the immediate release of an unlawfully detained person.
Thus, a person who was arrested and detained without a valid warrant may
file a petition for habeas corpus for his immediate release, after the judge
determines that there is no valid ground for his detention. Under Section 18,
this privilege of habeas corpus may be suspended by the President in

case of invasion or rebellion, and when public safety requires it. The
rationale for such power is to allow the President to expediently reestablish
peace and order by detaining apparent offenders without the hindrance or
threat of their immediate release. Note, however, that what is suspended is
the privilege, not the right to file the petition for habeas corpus. Thus,
even when the President suspends the privilege, persons unlawfully
detained may still file a petition for habeas corpus. Only the privilege of
immediate release is suspended.
(c) Martial Law. The power to declare martial law is likewise expressly
granted in Section 18. Martial law, within the Constitutional context, means
temporary military rule especially declared not to replace civilian authority
but to help it recover in case of invasion or rebellion, and when public safety
requires it. Martial law, unlike a military takeover, does not suspend the
operation of the Constitution and guarantee for respect of human rights. It is
not permanent; it is declared only for a limited duration, that is, for not more
than sixty days. In addition, the President must also report in writing to the
Congress within forty eight hours from proclamation, and the Congress may
conduct special sessions even without the call of the President. As far as the
courts are concerned, the military courts do not acquire jurisdiction over
cases involving civilians if civil courts are still able to function. These
constitutional limitations are intended to uphold democracy and civilian
supremacy in the Philippines, as well as to prevent the rise of an abusive
military regime that does not respect due process and takes for granted the
liberties of the sovereign people.
(d) Comparison of the Military Powers. To compare the military powers of the
President, it must be noted that the power to declare martial law and the
power to suspend the privilege of the writ of habeas corpus are the greater
powers since it curtails the freedoms and civil liberties of the citizens. The
calling out power is said to be lesser or benign power, in that it has no such
effect. Thus, the Constitution limits the former powers by making them
susceptible to review by the courts, whereas the calling out power is
exercised by the President with full discretion and wisdom as the
commander-in-chief of armed forces, not subject to judicial review.
4. Pardoning Power.
The pardoning power of the President refers to the exercise of executive
clemency. It includes: (a) pardon; (b) commutation; (c) reprieve; (d)
amnesty; and (e) parole.
(a) Pardon is an act of grace which exempts an individual from serving his
sentence or punishment which the law inflicts for the crime he committed. It
forgives the offender by not letting him pay for the crime he committed. For
pardon to be given, a person must first be declared guilty of a crime by final
judgment of the court, and the President thereafter extends pardon. Instead
of making him serve his sentence, the President exempts him through his
personal act of grace. What the convict is exempted from is criminal liability

not civil liability.

There are two kinds of pardon: absolute and conditional. Absolute pardon is
one that absolves the convict from criminal liability without any conditions
whatsoever, while condition pardon absolves the convict from criminal
liability under the penalty of recommitment to prison in case any condition
provided is violated.
It must be remembered, however, that pardon cannot be granted in cases of
impeachment; or in violations of election laws without favorable
recommendation of the COMELEC; or in cases of legislative contempt or civil
contempt; or can it restore forfeited public offices.
(b) Commutation refers to reduction or mitigation of the penalty. For
example, instead of serving ten years of imprisonment, reduction has the
effect of reducing the penalty to five years, for instance, at the discretion of
the President.
(c) Reprieve refers to the postponement of sentence or stay of execution.
This was applicable when death penalty was still effective. For instance, the
execution of a death convict may be postponed by the President to another
date if he extends reprieve.
(d) Parole is probational release from imprisonment. It is given to a convict
who has served the minimum sentence of his penalty and has acted in good
behavior inside the penal institution. Parole does not fully restore the
freedom of the parolee since he is still in the custody of the law although
not in confinement.
(e) Amnesty is an act of grace by the President extended to groups of
persons who committed political offenses. It requires the concurrence of the
legislature and puts into oblivion the offense itself. It is distinguished from
pardon, in that: the former forgives political offenses (such as treason and
rebellion) deemed expedient for the public welfare than prosecution of the
same, while the latter forgives crimes against the peace of the state (such
as homicide and murder); the former is usually given to groups of offenders,
whereas the latter is given to an individual; the former requires concurrence
of the Congress, while the latter does not; the former is a public act which
the courts takes judicial notice, whereas the latter is a private act of the
President which must be pleaded by the person pardoned for the court to
take judicial notice; and the former looks backward and abolishes the
criminal and civil liability of the offenders, while the latter looks forward and
relieves only the criminal liability of the offender.
5. Diplomatic Powers.
The President has diplomatic powers because, as the head of the State, he
is the spokesman of the nation on matters of external affairs. He may deal
with foreign states and governments, extend or withhold recognition,
maintain diplomatic relations, enters into treaties, and otherwise transact
with the business of foreign relations, The Constitution, however, limits this
power of the President, as it expressly states no treaty or international

agreement shall be valid and effective unless concurred in by at least twothirds of all the Members of the Senate. Thus, if the President, for instance,
enters into an international agreement with the United States of America for
the establishment of civilian rights mutually benefiting the citizens of both
countries, then on the part of the Philippines, least two-thirds of all the
Members of the Senate must concur with the said international agreement.
6. Residual Powers.
The President, as the head of the State, is given residual powers. Under the
presidential system, the President is not a mere symbolic head; he is the
chief executive granted with powers, so broad to include even those not
mentioned in the Constitution. The powers of the President are not limited
to what are expressly enumerated in the article on Executive Department
and in scattered provisions of the Constitution. He has unstated powers
called residual powers which are implied from the grant of executive
powers and necessary for the exercise of his duties under the Constitution.
It is called residual because it is whatever power which the legislature or
the judiciary does not possess and which the President could, thus,
legitimately exercise consistent with his functions. This is not to foster
another dictatorship or an unbridled exercise of power as was experienced
during the Marcos administration; nor is it a violation of the Constitutional
intent to limit the specific powers of the President to avoid another abusive
regime (since appropriate measures are already provided in the new
Constitution). The grant of residual powers, rather, is just in recognition of
the general grant of executive power to the President.
7. Delegated Powers.
As previously discussed, the Congress can delegate legislative powers to the
President, among which are emergency powers (Section 23(2), Article VI)
and tariff powers (Section 28(2), Article VI).
8. Veto Power.
The President exercises veto power in relation to his role of checking the
power of the Congress. If he thinks that a bill enacted by Congress should
be disapproved, he exercises his veto power and returns the same with his
objections to the House of origin. As a general rule, the veto must pertain to
the entire bill, so that he is not allowed to veto separate items of the bill.
The exception, however, is item veto allowed in case of appropriation,
revenue and tariff bill. The Constitution expressly provides that President
shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or
items to which he does not object.

THE JUDICIARY AND THE JUDICIAL PROCESS

Judicial Power
1. Meaning in General. In a broad sense, judicial power refers to the power
of the different courts of justice to interpret and apply the laws in particular
cases. Interpretation, on the one hand, refers to the process by which the
court discovers the true meaning of the language used by the law. Its
purpose is to give effect to the intent or spirit of the law. The application of
the law, on the other, refers the process by which the court relates the
pertinent legal provisions to the set of facts of a particular case.
2. Strict Meaning. In a strict sense, the Constitution provides that 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. The definition includes two aspects of
judicial power: (a) duty to settle actual controversies; and (b) authority to
determine if there is grave abuse of discretion.
(a) The first aspect, settlement of actual controversies, is the traditional
meaning of judicial power. In here, there exists an actual controversy
which, if properly filed, the court has duty to settle. For an actual
controversy to exist there must be a legally demandable or enforceable
right which is violated by another who, in turn, has the correlative duty to
respect it. If the other party asserts an opposite legal claim, then it becomes
susceptible of judicial adjudication. A right is legally demandable or
enforceable if it is recognized by law and enforceable before the courts. A
right which has no basis in law cannot be enforced in the courts and
violation of which does not produce an actual controversy. Thus, while a
woman has a right to demand for financial support from the father of her
son, she does not have the right to demand for marriage from a person who
impregnated her because the right has no basis in law; the first can give
rise to an actual controversy, while the other cannot.
(b) The second aspect, determination of grave abuse of authority, is the
expanded part of judicial power. It is said to be expanded because
traditionally the courts cannot question the political acts of the other
departments of the government (executive and legislative political
departments). The courts can only settle justiciable questions or questions
involving rights and laws, and not political questions or questions addressed
to the wisdom or discretion of political departments. But with the expanded
authority, the courts can now determine if the political departments gravely
abused the exercise of their discretion amounting to lack or excess of
jurisdiction. Grave abuse of discretion refers to such capricious and
arbitrary exercise of judgment as is equivalent, to the eyes of the law, to
lack of jurisdiction and for it to be covered by judicial power, abuse of
discretion must be palpably grave. Thus, the President and the Congress
cannot escape the authority of the courts in determining whether or not

their political acts are void, even if they invoke that their political acts are
matters of political question. This is manifestly in line with the principle of
checks and balances, and consequently, with the doctrine of separation (in
the sense of collaboration) of powers.
For example, the President is given the so-called calling out power which is
a discretionary power solely vested in him. Generally, the courts cannot
inquire in this and substitute it for its own decision since this is a political
question. But if it can be shown that there is a grave abuse of discretion on
the part of the President, it will be subject to judicial review. This is now the
effect of the expanded power of the judiciary.
3. Who Exercises Judicial Power. Section 1, Article VIII, states that judicial
power is vested in one Supreme Court and in such lower courts as may be
established by law. This means that the power to interpret and apply the
laws in actual controversies is given to, first, the Supreme Court, and,
second, to other/lower courts.
4. Supreme Court and Other Lower Courts. There could only be one
Supreme Court, and its supremacy puts finality to all legal disputes. The
other courts are all lower than it, thus, they are referred as lower courts.
Lower courts are also called statutory courts because they are created by
the act of Congress. The only Constitutional court is the Supreme Court,
while statutory courts include the Court of Appeals, Regional Trial Court,
Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court,
Sandiganbayan, and Court of Tax Appeals, among others. The Court of
Appeals, Regional Trial Courts, Metropolitan Trial Court, Municipal Trial Court,
and Municipal Circuit Trial Court are regular courts created by the Judiciary
Reorganization Law (as amended). Sandiganbayan and the Court of Tax
Appeals are special courts respectively created by P.D. No. 1606 and R.A.
No. 1125 (as amended). These courts comprise the judicial department
which exercises judicial power.
Power of Judicial Review
1. Meaning. The courts also have the power of judicial review or the power
to test the validity or constitutionality of the legislative and executive acts,
such as treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or regulation. It is an
aspect of judicial power, in that it is essentially derived from the duty of the
court to settle controversies between conflicting parties by applying the
appropriate law. The applicable law may be the Constitution or some
appropriate statute; in case of conflict between the two, the Constitution
must prevail, and the statute which is not in accordance with it must be
stricken out, or at least some parts of it. The Constitution is the fundamental
law and therefore all the acts or laws passed by the government must be in
accordance with it.
2. Requisites. The requisites of judicial review are: (a) there must be an
actual controversy; (b) the question of constitutionality must be raised by

the proper party; (c) the question is raised at the earliest opportune time;
and (d) the resolution of the constitutional question is the main issue.
3. Explanatory Example. Pedro is running for reelection for his third term as
congressman. However, the Congress passed a law prohibiting reelection for
the third term. Apparently, the statute is in conflict with the Constitution
which allows reelection of a congressman for his third term. He questions
the validity of the statute. Judicial review is proper in this case. There is an
actual controversy between Pedro and the government. He likewise has a
legal standing because he has a personal and substantial interest in the
case such that he will be directly benefited or injured by the decision to the
case. The question was raised in the earliest possible time and the
resolution of the constitutional question is the main issue.
Judicial Independence
The Judicial Department plays an indispensable role in the government as
the administrator of justice. The government and consequently the State
will not survive without the judiciary. It preserves the cohesiveness of the
different governmental organs, always seeing to it that they function in
accordance with the Constitution. And inasmuch as the Philippines is a
government of laws and not of men, the judiciary protects the very essence
of democracy being guardian of rights and legal processes. Thus, in order
for the judiciary to function effectively and impartially, the Constitution
provides safeguards for its independence, to wit:
(1) The Supreme Court, as a constitutional body, cannot be abolished by law
passed by the Congress;
(2) Members of the Supreme Court can only be removed through
impeachment;
(3) The Supreme Court cannot be deprived of its minimum and appellate
jurisdiction; appellate jurisdiction may not be increased without its advice or
concurrence;
(4) The Supreme Court has administrative supervision over all inferior courts
and personnel;
(5) It has exclusive power to discipline judges/justices of inferior courts;
(6) Members of the judiciary have security of tenure;
(7) Members of the judiciary may not be designated to any agency
performing quasi-judicial or administrative functions;
(8) Salaries of judges may not be reduced;
(9) The judiciary enjoys fiscal autonomy;
(10) The Supreme Court alone can initiate the Rules of Court;
(11) It alone may order temporary detail of judges; and
(12) It can appoint all officials and employees of the judiciary.
Jurisdiction
1. Meaning. Jurisdiction is the power and authority of the court to hear and

decide cases. Judicial power is exercised by the various courts within their
respective jurisdictions, so that if judicial power is exercised without or in
excess of jurisdiction, then the decisions of the courts are said to be null and
void.
2. Role of Congress. The various courts have their respective jurisdiction.
Each jurisdiction is defined, prescribed, and apportioned by the Congress,
except that of the Supreme Court whose jurisdiction (as enumerated in
Section 5, Article VIII) is Constitutionally prescribed so that it cannot be
lessened or taken away by the Congress.
3. Kinds of Jurisdiction. Jurisdiction could be general or limited, original or
appellate, and exclusive or concurrent. On the one hand, a court has a
general jurisdiction when it is empowered to hear and decide all disputes
filed before it except those falling in the jurisdiction of other courts; on the
other hand, a court is said to have a limited jurisdiction if it can hear and
decide specific cases only. Example of a court of general jurisdiction is the
Regional Trial Court, and an example of a court of limited jurisdiction is the
Court of Tax Appeals. Moreover, a court has an original jurisdiction, on the
one hand, if it is empowered to hear and decide cases filed for the first time,
whereas a court has appellate jurisdiction, on the other, if it can review a
decision rendered by a lower court. The Municipal Trial Court, for instance,
has original jurisdiction over forcible entry cases, while the Regional Trial
Court has appellate jurisdiction to review the decisions of the Municipal Trial
Court. And lastly, a court has exclusive jurisdiction if it alone has authority
to hear and decide a case filed before it, while it has concurrent jurisdiction
if other courts can hear and decide a case which could be filed before it. For
example, a Regional Trial Court acting as Family Courts has exclusive
jurisdiction over family cases, whereas it (Regional Trial Court) has current
jurisdiction with the Court of Appeals and Supreme Court over habeas
corpus cases.
Qualifications and Tenure
1. Qualifications of Members of the Supreme Court. Section 7(1), Article VIII
provides the qualifications of a Member of the Supreme Court or any lower
collegiate court: (a) he must be a natural-born citizen of the Philippines; (b)
at least forty years of age; (c) must have been a judge of a lower court or
engaged in the practice of law in the Philippines for fifteen years or more;
and (d) must be a person of proven competence, integrity, probity, and
independence. The qualifications of judges in lower courts shall be
prescribed by Congress, but the qualifications must include Philippine
citizenship and membership in the Philippine Bar.
2. Tenure. Justices and judges can hold office until they reach the age of
seventy or become incapacitated to discharge the duties of their office.
They must be in good behavior during their tenure; otherwise they (judges)
may be disciplined or dismissed by the Supreme Court (sitting en banc).

Composition of the Supreme Court

1. Composition. The Supreme Court is composed of fifteen members: a Chief
Justice and fourteen Associate Justices. Any vacancy must be filled within
ninety days from its occurrence.
2. How Cases are Heard. In hearing cases, the Supreme Court may either sit
en banc or in division of three, five, or seven Members. On the one hand, if
it sits en banc, majority of the members who actually took part in the
deliberations of the case must concur or come up with the same vote, in
order to resolve the case. En banc cases include those involving
constitutionality of a treaty, international or executive agreement, or law,
those involving the constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances, and other
regulations. Also, only the Court sitting en banc can modify or reverse a
doctrine or principle which it itself laid down. Discipline and dismissal of
judges are likewise decided by the Court sitting en banc.
On the other hand, if the Court sits in division, at least three members must
take part in the deliberations and hearings of the case, and must have the
same vote thereon in order to resolve the case. If the required number is not
obtained, the case shall be decided en banc. For example, if the Court sits in
division of seven, then at least three of the members must actually
deliberate the case and have the same stand thereon. If only two concurred
or have the same vote, then the case will now be decided by the Court en
banc, meaning majority of all the fifteen Justices must take part in the
deliberations and majority of those who took part must have the same stand
on the case. Nonetheless, if Court sits in division of three, all the members
must take part in the deliberations and come up with the same vote in order
to resolve the case. This is because the at least three members
requirement must also be followed.
3. Prohibitions. It must be noted that the Members of the Supreme Court
and the lower courts cannot be designated to any agency performing quasijudicial or administrative functions. An agency is said to perform a quasijudicial function if it acts like a court in that it hears and decides cases
even if it is not a court. Administrative agencies are under the executive
branch and may be delegated quasi-judicial powers in deciding specific
cases which it could competently and efficiently resolve. Justices and judges
cannot be designated to these agencies in accordance with the principle of
separation of powers. If they are allowed to be designated to administrative
agencies, then they are likewise performing executive function, thus
violating the said principle.
Judicial and Bar Council
1. Meaning. The Judicial and Bar Council (JBC) is a constitutional body under
the supervision of the Supreme Court that has the principal function of
recommending appointees to the Judiciary. As was previously discussed, the

Justices or Members of the Supreme Court and judges of the lower courts
are among the officials who are appointed by the President. For their
appointments to be valid, they must first be nominated by the JBC. For
every vacant seat in the judiciary, the Council prepares a list of at least
three nominees from which the President shall select and appoint.
Manifestly, this is form of constitutional check on the appointing power of
the President which is already deemed sufficient even without the
confirmation of the Commission on Appointments. Thus, if there is a
vacancy for judgeship in a court, the JBC must first provide a list of at least
three nominees. From the list the President shall select whom he shall
appoint.
2. Composition. The JBC is composed of seven members: (a) the Chief
Justice as ex officio Chairman; (b) the Secretary of Justice as an ex officio
member; (c) a representative of the Congress as ex officio member; (d) a
representative of the Integrated Bar; (e) a professor of law; (f) a retired
Member of the Supreme Court; and (g) a representative of the private
sector. The ex officio members are the Chief Justice, Secretary of Justice,
and representative of the Congress. The four others are called regular
members. The ex officio members, on the one hand, are those who by
reason of their office are also members of the Council. The regular
members, on the other, are appointed by the President for a term of four
years with the consent of the Commission on Appointments. The Secretary
of the Council, who shall be in-charge with the records keeping, is the Clerk
of the Supreme Court.
Powers of the Supreme Court
The powers of the Supreme Court are expressly provided in Section 5,
Article VIII. Its powers are classified into: (1) its original jurisdiction; (2) its
appellate jurisdiction; (3) power to temporarily assign judges; (4) power to
change venue; (5) rule-making power; (6) power to appoint court personnel;
and (7) administrative supervision over lower courts.
1. Original jurisdiction means the authority to settle cases filed for the first
time. Among the cases which can be filed and settled for the first time in
the Supreme Court are, first, cases affecting ambassadors, other public
ministers and consuls, and, second, petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
The first set of cases involves diplomatic agents, who under international
law are considered representatives of the States where they are nationals.
An ambassador, being a representative or extension of a sovereign State,
has immunity from suits in the receiving state. The immunity is based on
the international law doctrine of State immunity and the equality of
sovereign states. For example, the ambassador of U.S. cannot be sued for a
criminal offense committed in the Philippines, unless the immunity or
privilege is waived. In here the Philippines is the receiving State and the
ambassador is a representative of U.S. Note, however, Filipino ambassadors

are not immune from suits here in the Philippines. A consul, likewise,
although a diplomatic agent, has no diplomatic immunity. Nevertheless, all
cases involving these diplomats, ambassadors, public ministers and consuls,
may be heard for the first time in the Supreme Court.
The second set of cases involves special civil actions (certiorari, prohibition,
mandamus, and quo warranto) and a special proceeding (habeas corpus).
The Rules of Court provide for their definition and the manner of their filing.
(a) Certiorari is a special civil action which is filed by a person who is
aggrieved by any tribunal, board or officer exercising judicial or quasijudicial functions that had acted without or in excess of its or his jurisdiction,
or with grave abuse of discretion amounting to lack or excess of jurisdiction,
and there is no plain and speedy remedy in the ordinary course of law. Its
purpose is to invalidate a judgment rendered without or in excess of
authority or jurisdiction.
(b) Prohibition is a special civil action filed by a person aggrieved in the
proceedings of any tribunal, corporation, board, officer or person, whether
exercising judicial, quasi-judicial or ministerial functions, which proceedings
are without or in excess of its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction, and there is no plain
and speedy remedy in the ordinary course of law. Its purpose is to stop a
tribunal or person from further engaging in proceedings done without or in
excess of authority or jurisdiction.
(c) Mandamus is a special civil action filed by a person aggrieved by any
tribunal, corporation, board, officer or person, who unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting
from office, trust, or station, or unlawfully excludes another from the use
and enjoyment of a right or office to which such other is entitled, there is no
plain, adequate, and speedy remedy in the ordinary course of law. Its
purpose is to compel the performance of a ministerial duty or duty
mandated by law to be performed under certain circumstances.
(d) Quo Warranto is a special civil action instituted by the Philippine
Government against a person, public officer, or association which usurps,
unlawfully holds, intrudes into an office, position, or franchise. Its purpose is
to recover an office or position from a usurper or from an officer, who has
forfeited his office, and a franchise from a false corporation (one without
legal personality).
(e) Habeas corpus is a special proceeding the purpose of which is to grant
speedy remedy for the release of a person illegally confined or detained, or
for the grant of rightful custody over a child or person to someone from
whom the custody is withheld or to whom it rightfully belongs.
2. Appellate jurisdiction refers to the authority to review decisions of a lower
court. The Supreme Court has appellate jurisdiction over final judgments
and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidential decree,

proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
(e) All cases in which only an error or question of law is involved.
The review of cases involves the right to appeal. As a general rule, the right
to appeal is only statutory, meaning it is the Congress, by means of a
statute, that determines whether a person can appeal an adverse decision
of a lower court to a higher court. However, the present provision dealing
with the appellate jurisdiction of the Supreme Court is not statutory but
constitutional, meaning the Congress cannot diminish or lessen the Courts
jurisdiction and consequently prevent a person from appealing thereto.
Thus, persons adversely affected by final judgments and decrees of lower
courts involving the above enumerated cases may file an appeal or
certiorari in the Supreme Court if all the requirements are met.
It could be gleaned also from the present provision that the power of judicial
review is exercised also by lower courts. The constitutionality or validity of
laws and decrees may be passed upon by the lower courts whose decisions
may be subjected to review by the Supreme Court upon filing of the proper
party.
Important to note also that only cases involving error or question of law are
appealable to the Supreme Court, except some cases. If it involves
questions of fact or a mixture of fact and law, the case cannot be elevated
to Supreme Court. On the one hand, a case involves a question of fact if it
requires the determination of the truth or falsity of a fact in dispute as
alleged in the pleadings of the parties. For example, if the issue of the case
is whether or not the document is genuine, then it involves a question of
fact. On the other hand, a case involves a question of law if it does not
involve the determination of the truth or falsity of a fact but only a question
of validity or applicability of a law. An example is a case involving the
constitutionality of a statute. Under the Rule of Court, the mode of appeal to
the Supreme Court appropriate in cases involving purely question of law is
certiorari under Rule 45.
3. Temporary Assignment of Judges. The Supreme Court also has the power
to 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. This power reinforces
the independence of the Supreme Court from the Executive Department as
well as balances the powers of the government. Even if he is the appointing
authority, the President has no power to temporarily assign or transfer at his
pleasure judges to other courts. Under the law and the present rules, only

the Supreme Court has the power to do so and under the conditions that the
temporary assignment results to a better administration of justice, faster
disposition of cases, and impartial decision making.
4. Change of Venue. The Court is empowered to order a change of venue or
place of trial to avoid a miscarriage of justice. Venue refers to the place
where the trial is conducted. The Rules of Court provide the rules on venue,
which are clearly intended for the speedy, impartial, and convenient
disposition of cases. If instead of being convenient, venue causes
miscarriage of justice, the Supreme Court has the power to change the
venue. Even if venue is jurisdictional in criminal cases, the Supreme Court
still has the power to change the same. For example, venue maybe changed
by the Supreme Court to allow a witness to give an objective testimony
without fear of retaliation from the adverse party. The venue may also be
changed when there is danger to the life of the accused.
5. Rule-Making Power. The Court has the power to promulgate rules
concerning:
(a) The protection and enforcement of constitutional rights;
(b) Pleading, practice, and procedure in all courts;
(c) The admission to the practice of law;
(d) The Integrated Bar of the Philippines; and
(e) Legal assistance to the under-privileged.
Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
This power of the Supreme Court is the basis for making the Rules of Court.
6. Power to Appoint Its Own Personnel. The Court has the power to appoint
all officials and employees of the Judiciary in accordance with the Civil
Service Law. Although the power to appoint is vested in the President, the
Supreme Court has the power to appoint officials and employees of the
Judicial Department. However, the appointment must be in accordance with
the Civil Service Law.
7. Administrative Supervision. Section 6, Article VIII states that the Supreme
Court has administrative supervision over all courts and its personnel. This
is one of the constitutional safeguards for the independence of the judiciary.
During the effectivity of the 1935 Constitution, the Department of Justice
had administrative supervision over the lower courts which compromised
the independence of the courts as their decisions were often swayed by the
executive department. But with the transfer of supervision to the Supreme
Court, courts are empowered and freed from the political pressures of the
executive branch.
Decisions of the Supreme Court
1. Consultation. The Supreme Court is a collegiate court, in that it is

composed of many members and its decisions are reached through

consultation or thorough deliberation of its members. Consultation is
necessary before the case is assigned to a member for the writing of the
opinion of the Court. Justices of the Court must discuss with each other and
vote on the settlement of the case before a certification is given assigning
the writing of the opinion to a member. For members who did not
participate, abstained, or dissented from a decision or resolution, they must
explain and state their reason for it. The same requirements must also be
observed by lower collegiate courts.
2. Constitutional Requirement. In rendering a decision, the Court must
express clearly and distinctly the facts and the law on which the decision is
based. The purpose of this constitutional requirement is to inform the
parties, most especially the adversely affected party, the reasons why the
judgment is rendered as such. The Court must, therefore, state the factual
and legal basis of its decision. In the same way, resolutions refusing a
petition for review or denying a motion for reconsideration of a court
decision must state the legal basis for it.
3. Period for Rendering Judgments. After the trial and parties already
submitted the case for decision, the court is duty bound to render the
decision within a certain period of time. A case or matter is deemed
submitted for decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the Rules of Court or by the court itself.
From date of submission, the Supreme Court must decide the case or
resolve any matter within twenty-four months, and lower courts must decide
and resolve within twelve months, unless reduced by the Supreme Court. If
the court fails to render a decision within the applicable mandatory period,
it must still decide or resolve the case or matter without further delay and
without prejudice to such responsibility incurred because of the delay.

THE CONSTITUTIONAL COMMISSIONS

Independence of the Commissions
The three Constitutional Commissions are the Civil Service Commission,
Commission on Elections, and Commission on Audit. They are independent
bodies not under the jurisdiction of any department in the government. To
ensure their independence, the Constitution provides for the following
safeguards:
(1) They are created by the Constitution and cannot therefore be abolished
by a statute passed by Congress;
(2) Each has powers and functions which cannot be diminished by statute;
(3) The Constitution expressly describes them as independent;
(4) The Chairmen and members of the Commissions have a fairly long term

of seven years;
(5) The Chairmen and members can only be removed through
impeachment;
(6) The Chairmen and members cannot be reappointment or appointed in
an acting capacity;
(7) Salaries of Chairmen and members cannot be decreased;
(8) The Commissions enjoy fiscal autonomy;
(9) Each Commission can promulgate its own rules;
(10) Disqualifications are provided to strengthen the integrity of the
Commissions; and
(11) The Commissions may appoint their own officials and personnel in
accordance with the Civil Service Law.
Powers and Functions of Each Commission
1. The Civil Service Commission is the central personnel agency of the
Government. As such, it has the following powers and functions:
(a) Establish a career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy in the
civil service;
(b) Strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks; and
(c) Institutionalize a management climate conducive to public
accountability.
2. The Commission on Elections is a constitutional creature which
safeguards the core of republicanism and democracy by being an effective
instrument for ensuring the secrecy and sanctity of ballots being the
expression of the will of the people. It shall exercise the following powers
and functions:
(a) Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum, and recall.
(b) Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling
places, appointment of election officials and inspectors, and registration of
voters.
(c) Deputize, with the concurrence of the President, law enforcement
agencies and instrumentalities of the Government, including the Armed
Forces of the Philippines, for the exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections.
(d) Register, after sufficient publication, political parties, organizations, or
coalitions which, in addition to other requirements, must present their
platform or program of government; and accredit citizens arms of the
Commission on Elections.
(e) File, upon a verified complaint, or on its own initiative, petitions in court
for inclusion or exclusion of voters; investigate and, where appropriate,

prosecute cases of violations of election laws, including acts or omissions

constituting election frauds, offenses, and malpractices.
(f) Recommend to the Congress effective measures to minimize election
spending, including limitation of places where propaganda materials shall
be posted, and to prevent and penalize all forms of election frauds,
offenses, malpractices, and nuisance candidacies.
(g) Recommend to the President the removal of any officer or employee it
has deputized, or the imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its directive, order, or decision.
(h) Submit to the President and the Congress, a comprehensive report on
the conduct of each election, plebiscite, initiative, referendum, or recall.
3. The Commission on Audit is the watchdog of the financial operations of
the government. It sees to it that government funds are well accounted for
and that they are spent in accordance with the appropriations law. As such it
has the following powers and functions:
(a) Examine, audit, and settle all accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds and property, owned or held
in trust by, or pertaining to, the Government;
(b) Keep the general accounts of the Government and preserve the
vouchers and other supporting papers pertaining thereto;
(c) Define the scope of its audit and examination, establish the techniques
and methods required therefor; and
(d) Promulgate accounting and auditing rules and regulations, including
those for the prevention and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable expenditures or uses of
government funds and properties.
Jurisdiction of the Commissions
1. The Civil Service Commission has jurisdiction over all branches,
subdivisions, instrumentalities, and agencies of the Government, including
government-owned or controlled corporations with original charters as far
as civil service is concerned. Civil service refers to that part of public service
composed of professional men and women working for the government as
their lifetime career basically governed by the so-called merit system.
2. The Commission on Elections has exclusive original jurisdiction over all
contests relating to the elections, returns, and qualifications of all elective
regional, provincial, and city officials. It has appellate jurisdiction over all
contests involving elective municipal officials decided by trial courts of
general jurisdiction, or involving elective barangay officials decided by trial
courts of limited jurisdiction.
3. The Commission on Audit has auditing authority over the Government, or
any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations with original charters. It also
has post auditing authority over (a) constitutional bodies, commissions and
offices that have been granted fiscal autonomy under this Constitution; (b)

autonomous state colleges and universities; (c) other government-owned or

controlled corporations and their subsidiaries; and (d) such nongovernmental entities receiving subsidy or equity, directly or indirectly, from
or through the Government.
Review of Final Orders, Resolutions, and Decisions
1. Final orders, resolutions, and decision of the CSC may be appealed to the
Court of Appeals under rule 43 of the Rules of Court.
2. Final orders, resolutions, and decision of the COMELEC may be reviewed
by way of petition for certiorari to the Supreme Court under Rule 65 in
relation to Rule 64 of the Rules of Court.
3. Final orders, resolutions, and decision of the COA may be reviewed by
way of petition for certiorari to the Supreme Court under Rule 65 in relation
to Rule 64 of the Rules of Court.
Guide Questions:
1. Explain the structure of the government using the doctrine of separation
of powers.
2. Briefly compare the powers of the branches of the government. Then
explain how they are related with each other.
3. What is meant by a bicameral legislature? Give at least three advantages
of bicameralism.
4. If there are 200 District Representatives, how many Party-List
Representatives are required to complete the Members of the House of
Representatives?
5. If there are 215 Members of the House of Representatives, and 15 are
abroad, what would constitute the quorum?
6. A Bill of Local Application was submitted by Senator Wade to the Senate
Secretary. It has passed three readings in the Senate and then in the
Congress. Thereafter, it was presented to the President for approval, but the
same was disapproved. The President vehemently objected to the validity of
the entire process.
Is the President correct?
7. What are congressional disqualifications? Give examples.
8. Concisely discuss the steps of how a bill becomes a law
9. Enumerate at least five powers of the President and briefly discuss each
power.
1o. When the president dies, is permanently disabled, is impeached, or
resigns, the Vice-President becomes President for the unexpired term.
However, if both the President and Vice-President die, become permanently
disabled, are impeached, or resigned, the Senate President shall act as
President until the President or VP shall have been elected and qualified.
If the Senate President becomes disabled, who will succeed?
11. Juan Dela Cruz was nominated by President Pedro Santos to the rank of
naval captain in the Armed Forces of the Philippines. His nomination has

been confirmed by the Commission on Appointments, and his appointment

(by President Siuagan) followed thereafter. Juan Dela Cruz have accepted
the nomination with great pride and honor. The President reconsidered his
appointment after discovering that Mr. Dela Cruz has a criminal record. The
President withdrew his appointment. Is this allowed?
12. President Juan Masipag filed an application for appropriation, and in
pursuance thereof money was paid out of the National Treasury. It must be
noted that the appropriation is for a public purpose, and it is not for any
specific sect, church, denomination.
Is there something wrong with the presidential appropriation?
13. Discuss briefly the hierarchy of courts in the Philippine Judiciary.
14. What is judicial review?
15. Concisely compare and distinguish the powers and functions of the three
Constitutional Commissions.

Branches of the Philippine Government: Separation of Powers

The Philippines is a democratic and republican state. As a republican state,
sovereignty resides in the People and all government authority emanates
from them (Constitution, Art. III, Sec. 1). A Republican form of government
rests on the conviction that sovereignty should reside in the people and that
all government authority must emanate from them. It abhors the
concentration of power on one or a few, cognizant that power, when
absolute, can lead to abuse, but it also shuns a direct and unbridled rule by
the people, a veritable kindling to the passionate fires of anarchy. Our
people have accepted this notion and decided to delegate the basic state
authority to principally three branches of government the Executive, the
Legislative, and the Judiciary each branch being supreme in its own sphere
but with constitutional limits and a firm tripod of checks and balances .
The Executive Branch
The executive branch is headed by the President, who is elected by a direct
vote of the people. The term of office of the President, as well as the VicePresident, is six (6) years. As head of the Executive Department, the
President is the Chief Executive. He represents the government as a whole
and sees to it that all laws are enforced by the officials and employees of his
department. He has control over the executive department, bureaus and
offices. This means that he has the authority to assume directly the
functions of the executive department, bureau and office or interfere with
the discretion of its officials. Corollary to the power of control, the President
also has the duty of supervising the enforcement of laws for the

maintenance of general peace and public order. Thus, he is granted

administrative power over bureaus and offices under his control to enable
him to discharge his duties effectively.
The President exercises general supervision over all local government units
and is also the Commander-in-Chief of the Armed Forces of the Philippines.
Under the existing Presidential form of government, the executive and
legislative branches are entirely separate, subject only to the mechanisms
of checks and balances. There were attempts to amend the Constitution in
order to shift to a parliamentary system, but these moves were struck down
by the Supreme Court. The most recent petition that reached the Supreme
Court is Lambino vs. COMELEC.

The Legislative Branch

The legislative branch, which has the authority to make, alter or repeal laws
(see also the definition of legislative power), is the Congress. Congress is
vested with the tremendous power of the purse, traditionally recognized in
the constitutional provision that no money shall be paid out of the Treasury
except in pursuance of an appropriation made by law. It comprehends both
the power to generate money by taxation (the power to tax) and the power
to spend it (the power to appropriate). The power to appropriate carries with
it the power to specify the amount that may be spent and the purpose for
which it may be spent.
Under a bicameral system, the Congress is composed of the Senate and the
House of Representatives.
The Senate is composed of twenty-four (24) Senators, who are elected at
large by the qualified voters of the Philippines. The term of office of the
Senators is six (6) years.
The House of Representatives, on the other hand, is composed of not more
than two hundred and fifty (250) members, unless otherwise fixed by law,
who are elected from legislative districts apportioned among the provinces,
cities and the Metropolitan Manila area, and those who are elected through
a party-list system of registered national, regional and sectoral parties or
organizations. The term of office of members of the House of
Representatives, also called Congressmen, is three (3) years.

The Judiciary
Judicial power is vested in the Supreme Court and in such lower courts as
may be established by law. The judiciary has the moderating power
to determine the proper allocation of powers between the branches
of government. When the judiciary mediates to allocate constitutional
boundaries, it does not assert any superiority over the other departments; it
does not in reality nullify or invalidate an act of the legislature, but only
asserts the solemn and sacred obligation assigned to it by the Constitution
to determine conflicting claims of authority under the Constitution and to
establish for the parties in an actual controversy the rights which that
instrument secures and guarantees to them. In the words of Chief Justice
Reynato S. Puno: The Judiciary may not have the power of the sword,
may not have the power of the purse, but it has the power to interpret the
Constitution, and the unerring lessons of history tell us that rightly wielded,
that power can make a difference for good.
While Congress has the power to define, prescribe and apportion the
jurisdiction of the various courts, Congress cannot deprive the Supreme
Court of its jurisdiction provided in the Constitution. No law shall also be
passed reorganizing the judiciary when it undermines the security of tenure
of its members. The Supreme Court also has administrative supervision over
all courts and the personnel thereof, having the power to discipline or
dismiss judges of lower courts.
The Supreme Court is composed of a Chief Justice and fourteen Associate
Justices. It may sit en banc or, in its discretion, in divisions of three, five or
seven members. A member of the Supreme Court must be a natural-born
citizen of the Philippines, at least forty (40) years of age and must have
been for fifteen (15) years or more a judge of a lower court or engaged in
the pratice of law in the Philippines. Justices hold office during good
behavior until they reach the age of seventy (70) years or become
incapacitated to discharge the duties of their office.
* Sources: Francisco, Jr. vs. House of Representatives, G.R. No. 160261, 10
November 2003, main decision and the separate opinions of Justices Vitug
and Corona; Ople vs. Torres, G.R. No. 127685, 23 July 1998.