NOTES IN PHILIPPINE GOVERNMENT AND CONSTITUTION

Article III. BILL OF RIGHTS

Sec. 1. Due Process- is explained as a law which hears before it condemns, which
proceeds upon inquiry and renders judgment only after trial.
- it also means opportunity to be heard
Two (2) Kinds:
a) Substantive- tells us what is the law
b) Procedural- the manner by which the law is to be applied
Two (2) Kinds:
c) Procedural Due Process in Courts
d) Procedural Due Process in Administrative Bodies
Equal Protection- rule which provides that all persons belonging to the same class shall
be treated alike
Sec. 2. Right against unreasonable searches and seizure.
This section requires that before a search warrant or warrant of arrest
can be issued there should be compliance with the following:
a) There should be “PROBABLE CAUSE”;
b) Said probable cause shall be personally determined by the Judge;
c) The Judge shall personally examine, under oath or affirmation, the
complainant and the witnesses he/she may produce; and
d) The warrant shall particularly describe the place to be searched and
the persons or things to be seized
Probable Cause- means probability or possibility that a crime may have been
committed
*** Any evidence obtained in violation of this rule shall be inadmissible in any
proceeding (ex. Court).
Exception: A warrant of arrest or search warrant is not necessary under
the following circumstances:
a) If the suspect is arrested in the act of committing a crime (in
flagrante delicto);
b) If search is conducted after the suspect was arrested as provided in
No. 1;
c) If there is waiver or voluntary submission to the search or arrest;
d) If the person to be arrested is an escaped prisoner;

Sec. 3. Privacy of communication and correspondence shall be inviolable.

*** This led to the enactment of the Anti-Wiretapping Act
*** In the same manner, any evidence obtained in violation of this right
shall be inadmissible in any proceeding (ex. Court).

Sec. 4. Freedom of speech, expression and of the press and right to peaceable
assembly.
Sec. 5. Freedom of Religion- this includes the right to choose not to be
part of any religion
Sec. 6. Liberty of Abode and right to travel.
This means that every citizen has freedom of movement.
Exception: this right may be restricted for reason of national security,
public safety or public health as may be provided by law.
Sec.7. Right to Information.
Sec. 8. Right to form unions, associations and societies.
Sec. 9. Private property shall not be taken for public use without just
compensation.
This right balances the government’s power of Eminent Domain because it
requires payment of just compensation before private property is taken for public use.
Sec. 10. Impairment Clause- this means Freedom to Contract or enter
into any agreement so long as the same is not contrary to law, customs, public
order or public policy.

Sec. 11. Free access to courts, quasi-judicial or administrative bodies.

 Sec. 12. RIGHTS OF A SUSPECT or a person under custodial investigation.
They are the following:
a) right to remain silent;
b) to have an independent counsel (legal) of his/her own choice. If
he/she cannot afford one, he/she should be provided;
c) No torture, violence, threat or intimidation or like acts shall be used
against him/her;
*** Again, any evidence obtained in violation of these rights shall be
inadmissible in any proceeding (ex. Court).
Sec. 13. Right to Bail except when the crime is punishable by reclusion perpetua
to death.

Sec. 14. RIGHTS OF THE ACCUSED, they are the ff:

a) Due process;
b) Presumed innocent until proven guilty beyond reasonable doubt;
c) Right to be heard by himself or his legal counsel;
d) To be informed of the nature and cause of the accusation against
him;
e) Speedy, impartial and public trial (Sec. 16);
f) To meet the witness/es face to face;
g) Right against self-incrimination- right not to be a witness against
himself (Sec. 17);
h) Right against excessive fines, cruel, unusual, degrading and
inhuman punishment (Sec. 19 (1));
i) If detained or a prisoner, right against infliction of physical,
psychological or degrading punishment or use of subhuman
conditions (Sec. 19 (2));
j) Right against Double Jeopardy- to be put to trial twice for the same
offense (Sec. 21)
Sec. 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when public safety requires it.
Writ of Habeas Corpus- is an order from the Court on any government
agency to produce the body of the person they are detaining and requiring them
to explain why the said person is being detained.
Sec. 18. (1) No person shall be detained solely by reason of his political
beliefs or aspirations;
(2) No involuntary servitude in any form shall exist except as
punishment for a crime whereof the party shall have been
duly convicted.
Sec. 20. Non-imprisonment for non-payment of debt or poll tax
(residence certificate or cedula)
Sec. 22. No ex post facto law or bill of attainder shall be enacted.
Ex post law – a law passed punishing previous acts committed
that were not crimes before
Bill of attainder- law that convicts a person and punishes him/her
without a judicial trial. This is in violation of a person’s right to Due
Process

I. LEGISLATIVE DEPARTMENT (Article VI) - legislative power is vested in Congress

A. Definition of Terms
 Legislative Power- is essentially the authority under the Constitution to make
laws and to alter and repeal them.
 Laws- in relation to the legislative power, refers to statutes which are the written
enactment of the legislature governing the relations of the people among
themselves or between them and the government.

B. Classification of Powers of Congress

 General Legislative Power- power to enact laws intended as rules of conduct to
govern the relations among individual or between individuals and the State.
 Specific Power- powers that the Constitution expressly directs or authorizes
Congress to exercise i.e. power to confirm appointments of the President.
  Implied Power- powers essential or necessary to the effective exercise of the
powers expressly granted i.e. power to conduct inquiry and investigation in aid of
legislation; or the power to punish for contempt.
 Inherent Power- powers which are possessed and can be exercised by every
government because they exist as an attribute of sovereignty.
C. Composition of Congress
- the Philippines has a Bicameral Congress which means that it is divided into two
chambers or houses, one is the SENATE or the Upper House and the second is
the HOUSE OF REPRESENTATIVES (Lower House).
D. Composition of the SENATE
 The Senate shall be composed of twenty-four (24) Senators who shall be elected
at large by qualified voters of the Philippines, as may be provided by law. (Sec.
2, Article VI, Phil. Constitution)
 Qualifications of Senators:
a) a natural-born citizen of the Philippines;
b) at least 35 years of age on the day of the election;
c) able to read and write;
d) registered voter; and
e) a resident of the Philippines for not less than 2 years immediately preceding
the day of the election. (Sec. 3, Art. VI)

 Term of Office
- six (6) years and shall commence, unless otherwise provided by law, on the 30 th
of June next following their election.
- No Senator shall serve for more than two (2) consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was
elected. (Sec. 4)

E. Composition of the HOUSE OF REPRESENTATIVES

a) The House of Representatives shall be composed of not more than
two hundred and fifty (250) members (now 300), unless otherwise
fixed by law, who shall be elected from the legislative districts
apportioned among the provinces, cities and the Metropolitan
Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a
party list system of registered national, regional, and sectoral
parties or organization.
-The party-list representatives shall constitute 20% of the total number of
representatives including those under the party list. (Sec. 5)
b) Qualifications of Members of House of Representatives
a) a natural-born citizen of the Philippines;
b) at least 25 years of age on the day of the election;
c) able to read and write;
d) registered voter; and
e) a resident of the Philippines for not less than 1 year immediately preceding
the day of the election. (Sec. 6, Art. VI)
3. Term of office
- they shall be elected for a term of three (3) years, unless otherwise provided by
law, on the 30th of June next following their election.
- No member of the House of Representatives shall serve for more than three (3)
consecutive terms. Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of his service for the full
term for which he was elected. (Sec. 7)

F. Regular Elections
- unless otherwise provided by law, the regular election of the Senators and
Members of the House of Representatives shall be held on the second Monday
of May. (Sec. 8)
- In case of vacancy, a special election may be called but the Senator or member
thus elected shall serve only the unexpired term. (Sec.9)
G. Parliamentary Immunities
“A Senator or member of the House of Representatives shall, in all offenses
punishable by not more than six (6) 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. (Sec.11)
This immunity cannot be invoked:
1. If the offense committed is punishable by more than six (6) years imprisonment,
the Senator or member may be arrested even if the Congress is in session.
2. When Congress is not in session.
3. In case of waiver of the privilege, because this is personal
H. Disclosure of financial and business interests
1. Senators and Members shall, upon assumption of office, make a full disclosure
of their financial business interests;
2. They shall also notify the House concerned of a potential conflict that may arise
from the filing of a proposed legislation of which they are authors. (Sec. 12)
I. Disqualification to hold any other office
1. No Senator or Member 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. Neither shall he be appointed to any office which
may have been created or the emoluments thereof increased during the term for
which he was elected. (Sec. 13)
2. No Senator or Member may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the Government,
or any subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporation, or its subsidiary, during his term of office. He
shall not intervene in any matter before any office of the government for his
pecuniary benefit or where he may be called upon to act on account of his office.
3. Officers of the Congress
a) Senate- the Senate President who shall be elected by a majority of all the
Senators
b) House of Representatives- the Speaker who shall be elected in the same
manner.

J. Electoral Tribunal
1. Function- the sole judge of all contests relating to the election, returns, and
disqualifications of their respective members
2. Composition
a) three (3) Justices from the Supreme Court as designated by the Chief Justice
b) Six (6) from the Senate or House of Representatives, who shall be chosen
on the basis of the proportional representation from the political parties and
the parties or organizations registered under the party-list system
represented therein. *The senior Justice in the Electoral Tribunal shall be the
Chairman.
K. Commission on Appointments
1. Function- confirms or approves the appointments of the President
2. Composition
a) Senate President as Ex-Officio Chairman
b) Twelve (12) Senators
c) Twelve Members from the House of Representatives.
L. Bills from Senate and/or House of Representatives
1. Definition of Terms:
a) Bill- is a draft of a law submitted to the consideration of a legislative body for
its adoption
b) Statute- is the written will of the legislature as an organized body expressed
according to the form necessary to constitute it into a law of the state, and
rendered authentic by certain prescribed forms and solemnities.
c) Veto- it is the power vested in the President to disapprove acts (or bills)
passed by Congress.
 d) Hodge-podge or log-rolling legislation- refers to any measure or bill
containing several subjects of unrelated matters combined together for the
purpose of securing the support of the members of the legislature severally
interested in the different subjects of the bills. Under the Constitution, every bill
passed by Congress shall embrace only one subject which shall be expressed in
the title thereof.
e) Ex post law – a law passed punishing previous acts committed that were
not crimes before
f) Bill of attainder- law that convicts a person and punishes him/her without a
judicial trial. This is in violation of a person’s right to Due Process.
2. Every bill passed by Congress shall embrace only one subject which shall be
expressed in the title thereof.
3. How a bill becomes a law- steps/rules
a) The bill must undergo three (3) readings on separate days for both the
upper and the lower house;
b) Printed copies thereof must be distributed three (3) days before its
passage except when the President himself certifies to its immediate
enactment to meet a calamity or national emergency;
c) Upon the last reading, no amendment of the bill shall be made;
d) The Senators or Members shall vote on the bill and the yeas (yes) and
nays (no) entered in the journal;
e) If the yeas obtained a majority vote, the bill will be submitted to the
President for his approval or veto;
f) The bill becomes a law in any of the following ways:
i. When President approves the bill by signing it;
ii. When he vetoes the bill and returns the same with his objections
to the House where it originated, and veto is bypassed by a 2/3 vote of
all the members of both Houses; and
iii. If the President does not communicate his veto of the bill to the
House where it originated within thirty (30) days after the date of receipt
thereof, the bill becomes a law as if he signed it

M. Principle of Non-Delegation of Legislative Power

The Principle of Non-delegation of Legislative Power is an offshoot of the
Principle of Separation of Powers, which is based on the Latin maxim “potestas delegata
non delegari potest”- what has been delegated cannot be delegated.
 PERMISSIBLE DELEGATION- Exceptions to the Principle
1. Delegation of tariff powers to the President;
2. Delegation of emergency powers to the President;
3. Delegation to the people at large;
4. Delegation to Local Governments; and
5. Delegation to Administrative Bodies.
 Tariff and Emergency Powers
Article VI, Section 28 provides that:
X X X
“2. The Congress may, by law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may impose, tariff rates,
import and export quotas, tonnage and wharfage dues, and other duties or imposts
within the framework of the national development program of the Government.”

Article VI, Section 23 provides that:

X X X
2. 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.
Unless sooner withdrawn by resolution of the Congress, such powers shall cease
upon the next adjournment thereof.

 What are conditions before granting Emergency Powers to the President?

 there must be war or other national emergency
 the delegation must be for a limited period only
  the delegation must be subject to such restrictions as the Congress may
prescribe
 the emergency powers must be exercised to carry out a national policy declared
by the Congress.
 Delegation to the People- System of Initiative and Referendum
Section 32. The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the people can
directly propose and enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body after the registration of
a petition therefor signed by at least ten per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per
centum of the registered voters thereof.
 Delegation to Local Governments
This is based on the traditional exception that local legislatures are more
knowledgeable than the national lawmaking body on matters of purely local concern
and are therefore in a better position to enact the necessary and appropriate
legislation thereon.
 Delegation to Administrative Bodies
The legislative finds it more and more necessary to entrust to administrative agencies
the “POWER OF SUBORDINATE LEGISLATION”.
Through this power, the administrative bodies may implement the broad policies laid
down in a statute by “filling in the details” which the Congress may not have the
opportunity or competence to provide.
1. The Completeness Test- the law must be complete in all its essential terms
and conditions when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except enforce it.
2. Sufficient Standard Test- this is intended to map out the boundaries of the
delegate’s authority by defining the legislative policy and indicating the circumstances
under which it is to be pursued and effected. This is intended to prevent a total
transference of legislative power from the lawmaking body to the delegate.

II. EXECUTIVE DEPARTMENT (Article VII)- The executive power shall be vested in the
President of the Philippines. (Sec. 1)
A. Qualifications for President: No person may be elected President unless:
c) He/She is a natural-born citizen of
the Philippines;
d) a registered voter;
e) able to read and write;
f) at least forty years of age on the
day of the election; and
g) a resident of the Philippines for at
least ten years immediately
preceding such election.
*** The Vice-President shall have the same qualifications and term of
office and be elected with, and in the same manner, as the President. He may be
removed from office in the same manner as the President.
The Vice-President may be appointed as a Member of the Cabinet. Such
appointment requires no confirmation. (Sec. 3)

B. Term of Office:
The President and the Vice-President shall be elected by direct vote of
the people for a term of six years which shall begin at noon on the thirtieth day of
June next following the day of the election and shall end at noon of the same
date, six years thereafter. The President shall not be eligible for any re-election.
No person who has succeeded as President and has served as such for
more than four years shall be qualified for election to the same office at any
time.
No Vice-President shall serve for more than two successive terms.
Voluntary renunciation of the office for any length of time shall not be considered
as an interruption in the continuity of the service for the full term for which he was
elected. (Sec. 4)
 C. Election Returns
The returns of every election for President and Vice-President, duly certified by
the board of canvassers of each province or city, shall be transmitted to the Congress,
directed to the President of the Senate. Upon receipt of the certificates of canvass, the
President of the Senate shall, not later than thirty days after the day of the election, open
all the certificates in the presence of the Senate and the House of Representatives in
joint public session, and the Congress, upon determination of the authenticity and due
execution thereof in the manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed elected, but
in case two or more shall have an equal and highest number of votes, one of them shall
forthwith be chosen by the vote of a majority of all the Members of both Houses of the
Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the certificates.
The Supreme Court, sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the purpose. (Sec. 4)

D. Oath of Office by the President and Vice President.

“Before they enter on the execution of their office, the President, the Vice-
President, or the Acting President shall take the following oath or affirmation:
"I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my
duties as President [or Vice-President or Acting President] of the Philippines, preserve
and defend its Constitution, execute its laws, do justice to every man, and consecrate
myself to the service of the Nation. So help me God." [In case of affirmation, last
sentence will be omitted].” (Sec. 5)

E. Official Residence; Compensation

Section 6. The President shall have an official residence. The salaries of the
President and Vice-President shall be determined by law and shall not be decreased
during their tenure. No increase in said compensation shall take effect until after the
expiration of the term of the incumbent during which such increase was approved. They
shall not receive during their tenure any other emolument from the Government or any
other source.

F. Assumption of Office
Section 7. The President-elect and the Vice President-elect shall assume office
at the beginning of their terms.

G. Presidential Succession
There are two kinds of Presidential Succession:
1. Before assumption of office by the President-elect at the time fixed for
the beginning of his/her term. Thus, there is only a temporary vacancy.

In any of the following cases, the Vice-President shall act as

President until the President-elect shall have qualified, or a President
shall have been chosen and qualified:
a) If the President-elect fails to qualify;
b) If a President shall not have been chosen;
c) In case of temporary inability or incapacity of the President
to discharge his powers and duties.
2. After assumption of office by the President-elect at the time fixed for
the beginning of his/her term. In which case, there is a permanent
vacancy.
In any of the following cases, the Vice-President shall become
President to serve the unexpired term:
a) If at the beginning of the term of the President, the
President-elect shall have died or shall have become
permanently disabled;
b) After assumption of office, in case of death, permanent
disability, removal from office, or resignation of the President.
 *** In case there is no President and Vice-President, either before or
after assumption of office, the Senate President, or in his absence, the
Speaker of the House, shall act as President. The Congress shall, by
law, provide who shall act as President, in case of death, permanent
disability, or inability of the officials mentioned (Senate President and
Speaker) in the next preceding paragraph.
Section 10. The Congress shall, at ten o'clock in the morning of
the third day after the vacancy in the offices of the President and Vice-
President occurs, convene in accordance with its rules without need of a
call and within seven days, enact a law calling for a special election to
elect a President and a Vice-President to be held not earlier than forty-
five days nor later than sixty days from the time of such call. xxx.

H. Vacancy in the Position of Vice-President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the
term for which he was elected, the President shall nominate a Vice-President from among the
Members of the Senate and the House of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of both Houses of the Congress, voting
separately.

I. ROLE OF CONGRESS
“Section 10. The Congress shall, at ten o'clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in accordance with its
rules without need of a call and within seven days, enact a law calling for a special election to
elect a President and a Vice-President to be held not earlier than forty-five days nor later than
sixty days from the time of such call. xxx. The convening of the Congress cannot be suspended
nor the special election postponed.”

J. NO SPECIAL ELECTIONS
“No special election shall be called if the vacancy occurs within eighteen months before
the date of the next presidential election.”

K. Other case where the Vice-President may act as President

1. Whenever the President transmits to the President of the Senate and
the Speaker of the House of Representatives his written declaration that he is
unable to discharge the powers and duties of his office
2. Whenever a majority of all the Members of the Cabinet transmit to the
President of the Senate and to the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the powers and
duties of his office. (Art. VII, Sec. 11)

L. PRESIDENT’S STATE OF HEALTH

“Section 12. In case of serious illness of the President, the public shall be informed of the
state of his health. The members of the Cabinet in charge of national security and foreign
relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access
to the President during such illness.”

M. Prohibition to hold any other office and Conflict of Interest

“Section 13. The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other
office or employment during their tenure. They shall not, during said tenure, directly or indirectly,
practice any other profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.”
“The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not, during his tenure, be appointed 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.”
 N. POWERS OF THE PRESIDENT
 Appointing Power
 Control Over Departments, Bureaus, Offices
 Commander-in-Chief of AFP, PNP
 Declare Martial Law
 Suspend Writ of Habeas Corpus
 Grant Reprieves, Commutation, Pardons and Amnesties
 Enter into Treaties and International Agreements- with approval of 2/3 of the
Senate
 Power to Declare Martial Law or Suspend Writ of Habeas Corpus
“In case of invasion or rebellion, when the public safety requires it, he may, for a
period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or
place the Philippines or any part thereof under martial law.” (Sec. 18, Art. VII)

o What is a Writ of Habeas Corpus?

Writ of Habeas Corpus- is an order from the Court on any government
agency to produce the body of the person they are detaining and requiring
them to explain why the said person is being detained.
o REQUIREMENTS
 In case of invasion or rebellion only
 Public safety requires it
 Period shall not exceed sixty days
 President shall submit a report in person or in writing to the Congress
 Martial Law does not suspend the operation of the Constitution, nor
supplant the functioning of the civil courts or legislative assemblies,
nor authorize the conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ of habeas corpus.
 The suspension of the privilege of the writ of habeas corpus shall apply
only to persons judicially charged for rebellion or offenses inherent in,
or directly connected with, invasion.
 During the suspension of the privilege of the writ of habeas corpus, any
person thus arrested or detained shall be judicially charged within
three days, otherwise he shall be released.
 May be revoked or extended by Congress
 Subject to Judicial Review- “The Supreme Court may review, in an
appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus or the extension thereof, and
must promulgate its decision thereon within thirty days from its filing.”

III. JUDICIAL DEPARTMENT (Article VIII)- judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law

A. Judicial Power
– power to apply the laws or contests or disputes concerning legally recognized rights or
duties between the State and private persons, or between individual litigants in cases
properly brought to the judicial tribunals.
B. Scope of Judicial Power
1. Adjudicatory Power- it includes the duty of courts of justice to:
a) settle actual controversies involving right which are legally demandable and
enforceable
b) to determine whether there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction.
2. Power of Judicial Review- includes the power to:
a) pass upon the validity or constitutionality of the laws of the State and the acts
of the other departments of the government;
b) interpret them; and
c) render binding judgments.
3. Incidental Powers- ex. power to punish a person adjudged in contempt.

C. Organization of Courts
 1. Supreme Court
2. Regular Courts- according to the Judiciary Reorganization Act of 1980:
a) Court of Appeals
b) Regional Trial Courts
c) Metropolitan Trial Courts in metropolitan areas or Municipal Trial Courts in
municipalities or cities not forming part of a metropolitan area.
3. Special Courts- which are:
a) Court of Tax Appeals
b) The Sandiganbayan
c) Quasi-Judicial Agencies- ex. National Labor Relations Commission
D. Jurisdiction
1. Definition- the power and authority of a court to hear, try and decide a case
2. Kinds:
a) General
b) Limited
c) Original
d) Appellate
e) Exclusive
f) Concurrent
g) Criminal
h) Civil
E. The Supreme Court
a) Composition
a) Chief Justice;
b) 14 Associate Justices

2. Qualifications of Justices of the Supreme Court

a) Natural-born citizen of the Philippines;
b) At least 40 years of age; and
c) Must have been for 15 years or more a judge of a lower court or engaged
in the practice of law in the Philippines
d) A member of the Judiciary must be a person of proven competence,
integrity, probity and independence.
F. Judicial and Bar Council
Section 8. A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the Congress as ex officio Members, a representative of the Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.
The regular members of the Council shall be appointed by the President for a term of four
years with the consent of the Commission on Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the private sector for one year.
The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a
record of its proceedings.
The regular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court. The Supreme Court shall provide in its annual budget the
appropriations for the Council.
The Council shall have the principal function of reserved by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly
and distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be
refused due course or denied without stating the legal basis therefor.
Section 15.

All cases or matters filed after the effectivity of this Constitution must be decided or
resolved within twenty-four months from date of submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months
for all other lower courts.
A case or matter shall be 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.
 Upon the expiration of the corresponding period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the
record of the case or matter, and served upon the parties. The certification shall state why a
decision or resolution has not been rendered or issued within said period.
Despite the expiration of the applicable mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall decide or resolve
the case or matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular
session of the Congress, submit to the President and the Congress an annual report on the
operations and activities of the Judiciary.

IV. CONSTITUTIONAL COMMISSIONS

A. Civil Service Commission (CSC)

1. Composition
a) Chairman
b) 2 Commissioners
2. Qualifications of Chairman and Commissioners
a) Natural-born Citizens of the Philippines
b) At least 35 years of age at the time of appointment
c) With proven capacity for public administration
d) Must not have been a candidates for any elective position in the elections
immediately preceding their appointment

B. Commission on Elections (COMELEC)

1. Composition
a) Chairman
b) 6 Commissioners
2. Qualifications of Chairman and Commissioners
a) Natural-born Citizens of the Philippines
b) At least 35 years of age at the time of appointment
c) Holders of a College Degree
d) Must not have been a candidates for any elective position in the elections
immediately preceding their appointment
e) A majority including the Chairman shall me members of the Philippine Bar who
have been engaged in the practice of law for at least 10 years

C. Commission on Audit
1. Composition
a) Chairman
b) 2 Commissioners
2. Qualifications of Chairman and Commissioners
a) Natural-born Citizens of the Philippines
b) At least 35 years of age at the time of appointment
c) With auditing experience or members of the Philippine Bar who have been
engaged in the practice of law for at least 10 years
d) Must not have been a candidate for any elective position in the elections
immediately preceding their appointment
e) At no time shall all Members of the Commission belong to the same
profession.