University of San Carlos

School of Law and Governance (Political Science Department)

POSC 13 TTH 5:30 7:00 PM

Name of Student : ___________________

The Branches of the Philippine Government under the 1987 Philippine Constitution
Points of
Comparison
Where authority is
vested

Art. VI
Legislative Dept.
1. Congress of the Philippines

Art. VII
Executive Dept.
2. President of the Philippines

[Sec.1]

[Sec. 1]

except: Peoples Initiative on

Legislation [Sec. 32]
Senate
H. of Reps.
[Sec. 1]
[Sec. 1]

5. ___ District

___ Party-List

(actual number at

present)
4. ____

(number)[Sec. 2]
exc: otherwise

provided by law

note: no religious
sector
[Sec. 5(1)&(2)]

[Sec. 3]

[Sec. 6]

11. _______

President

VP

[Sec. 2]

[Sec. 3]

(Specific
citizenship
requirement)

10. _______

Age

16. ______

17. ______

12.
13. _______
_______


18. ________

(at least how

many years
residing in the
Philippines?)

20. ______

21. ______

22. ________

Literacy

23. ________

24. ________

25. ___________________

Other
qualifications

26. _________

27. _________

28. _________

What is the
composition?

Q
U
A
L
I
F
I
C
A
T
I
O
N
S

Citizenship

6. President
Vice President (VP)
Cabinet Members
Presidential Offices
(Local chief executives in the local
level)

Art. VIII
Judicial Dept.
3. Supreme Court of the Phils. &
Statutory Courts [Sec. 1]
Supreme Court:

-Court of
Appeals
7. ___ Chief
-Regional
Justice
Trial
8. ___Assoc.
Courts
Justices
-Metropoli-
______________ tan Trial
9. ___ Total
Court
Justices
-Municipal

Trial
*en banc or
Court in
divisions (3,5,7) Cities

-Sp. Courts
[Sec. 4]
Justices
Judges
[Sec. 7]



14. _______
15. _______


(number)

19. ______

- NA -

- NA -

- NA -

- NA -

- NA -

(at least)

Residence

How chosen



When?

31. __________ 32. __________
[Sec. 2]
[Sec. 5]

35. ________________ [Sec. 8]
How election

contests are

resolved? (The body 37. _______________ [Sec. 17]

33. __________
[Sec. 4 (1)]

Lower Court

Judge or Law

practitioner in

the Phils. for at
- NA -
least ______
years
29.
30. Of proven:
______________ ,____________,
______________ and
_____________

34. ________________
[Sec. 9]

36. _____________ [Sec. 4 (3)]


38. _______________ [Sec. 4]

When a vacancy is created.


- NA -

President
[Sec. 4]

VP

[Sec. 4(2)]

[Sec. 8]

54. ___

that will decide for all

contests relating to
the election, returns
and qualifications)

T
E
R
M

Legal Basis

Senate
[Sec. 4]

H. of Reps.
[Sec. 7]

(write the number only)

Maximum
consecutive

39. ___

40. ___

41. ___

42. ___

Atty. Lalaine P. Salve - Esmeralda

terms
Number of
years per term
Re-election/s
(if allowed)
Total years if
re-elected
What is the effect
of voluntary
renunciation of
term?
Removal from
Office
Salaries/Privileges

43. ___

44. ___

45. ___

46. ___

47. ___

48. ___

- NA -

49. ___

50. ___

51. ___

52. ___

53. ___

55. ________________________

56. ____________________

a) Lapse of Term
b) 57. ________________ [Sec. 16]

1) Lapse of Term
2) 58. _________[ Art. XI, Sec. 2]

[Sec. 10]

[Sec. 6]

60. ______________ - Determined

by law; Increase is effective only
after expiration of full term of all
congressmen approving such
increase.

Salary

[Sec. 12]

Parliamentary Immunity:
61. Freedom from _________
While Congress is in session & for
offenses punishable by not more
than 6 yrs. imprisonment
62. Freedom from _________
No liability for any speech or debate
in Congress or any committee
thereof.
Disqualifications & [Sec. 13]
63. __________________
Inhibitions
This includes any kind of office or
employment in the government, or
any subdivision, agency, or
instrumentality thereof, including
GOCCs or their subsidiaries during
his term.

64. __________________
This refers to any office created or
the emoluments of which have been
increased during the term for which
he was elected.

[ Art. XI, Sec. 2] Determined by law

Increase is effective only after

expiration of full term of the
incumbent when increase was
approved.

65. __________________- Official
Residence of the President

Prohibition against
Double Compensation [Secs. 6 & 13]
& holding another office
[Secs. 6 & 13]

During good behavior
Until ____ yrs. old or
incapacity

- NA -

1) Lapse of Term
2) 59. ___________[ Art. XI, Sec. 2]

Fixed by law; may not be decreased
during their continuance in office.

[Sec. 3]

Fiscal autonomy

Form of Decision
[Secs. 13 & 14]

Periods for Decision

[Sec. 15]

[Sec. 14]

Appearing as Counsel in any court of

justice; Prohibitions on being
financially interested on contracts
with the government and
intervening in any matter before any
office of the government for his
pecuniary benefit
[Sec. 12]

Full disclosure of financial and

business interest

Atty. Lalaine P. Salve - Esmeralda

Powers and Limitations

Legislative Dept.(Article VI)

Executive Dept.(Article VII)


66._____________ - the authority under the
78. __________________ - It is the
Constitution to make laws and subsequently, when the power to administer the laws, which
need arises, to alter and repeal them. [Sec. 1]
means carrying them into practical

operation and enforcing their due
Limitations :
observance
[Sec. 1 & 17]
A. Substantive/Scope Limitation:



a. Peoples Initiative on legislation [Sec. 32]
67._______________ - It is the reserved power of
the people to directly propose and enact laws at
polls called for the purpose independently of

Congress or of a local legislative body.
68._______________ - It is the process by which any
act or law or part thereof passed by Congress or by
a local legislative body is submitted to the people

for their approval or disapproval.



b. Increasing SC Jurisdiction [Sec. 30]

c. No titles of royalty/ nobility [Sec. 31]



B. Procedural Limitations:
a. Sessions, discipline, public disclosure, adjournment

[Sec. 15 and 16]
69._______________ - When shall the Congress
convene for its regular session?

68._______________ - It takes place when the Call Congress to a Special Session
President calls the Congress during the time it is in [Art. VI, Sec. 15]

recess to session.
70._______________ - secret meetings of Congress

or any of its committees
71._______________ - It is such a number of the
membership of an assembly or collective body as is

competent to transact its business.
72._______________ - To suspend or expel a
member, the concurrence of how many votes is

required of all members of each house?
73._______________ - It is defined as the official
record of what is done and passed in a legislative

assembly.



b. Singularity of subject in bills One Title, one

Subject [Sec. 26]

c. 3 readings of the bill on separate days [Sec. 26]

d. Veto Power of the Pres. [Sec. 27]



74. Steps in the Passage of a bill in Congress:

1. _____________

2. _____________
3. _____________

4. _____________

5. _____________

6. _____________

7. _____________

8. _____________

9. _____________



Counter-veto Power
79. ____________ It is the power of
75. ____ votes [Sec. 27]
the President to disapprove acts

passed in Congress. The Latin term for

I forbid or deny

Pres. returns bill to the House of

origin with written objections within

30 days from receipt of the bill.





Power of Appointment
Concurrence on Appointments
[Sec. 16]
76. ______________ The body whose function is to
This presupposes the power of

Judicial Dept. (Article VIII)

90. __________________
[Sec. 1]

* Power to decide on justiciable

questions (cases/controversy which
involve legally demandable &
enforceable rights):
* Judicial Review (determine if
theres grave abuse of discretion
amounting to lack or excess of
jurisdiction from any govt.
br./instrumentality
Note:
Judicial Review-2 aspects:
1) Inter-branch [Sec. 1, par 2]
2) Intra-judiciary [Sec. 5 (2)]
Judicial Review
[Sec. 1, par. 2]

Note: Non-delegation to any agency
with quasi-judicial or
administrative functions

SC Jurisdiction:
- Original [Sec. 5(1)]
- Appellate [Sec. 5(2)]
Note: May be increased by
Congress with SC Consent [Art.
VI, Sec. 30]

Other powers:
- Temporary Assignment of Judges
[Sec. 5(3)] Note: Security of
Tenure
- Order change of venue [Sec. 5(4)]
- Rule-making power [Sec. 5(5)]
- Appointment of judicial personnel
[Sec. 5(6)]
- Administrative supervision [Sec. 6]
- Discipline of lower court judges
[Sec. 11]




























Atty. Lalaine P. Salve - Esmeralda

approve or disapprove appointments submitted to it by

the President [Sec. 18]


Power of Legislative Investigation & the Question Hour
[Secs. 21 & 22]

Note:
- in aid of legislation
- in accd. w/ rules of proc.
- non-violation of rights















War Powers

removal
- limit against midnight
appointments & nepotism
[Sec. 14 & 15]

80. _____________ - It is the act of

designation by the executive officer,
board, or body to whom the power has
been delegated of the individual who
is to exercise the functions of a given
office.


Power of Control of all the executive
departments, bureaus and offices.
[Sec. 17] Power to alter, modify, nullify
or set aside what subordinate officer/s
did in performance of duties &
substitute judgment. Also includes
discipline of COMELEC deputies

General Supervision over LGUs &
Autonomous Regional Governments
[Art. X, Sec. 4]

[Sec. 23]
77. The power to declare the existence of a State of War
with _____votes of both houses in joint session/


Emergency Powers
[Art. VI, Sec. 23]
It has also the power to grant Emergency Powers to

the President.

Note:

-Just to enforce a declared national policy

-In times of emergency

-Revocable anytime

-Expires upon adjournment if not revoked


Military Power as AFP Commander-

in-Chief
Power to Revoke or
Extend Martial Law Declaration or Habeas Corpus Writ [Sec. 18]
*Lawless violence, Invasion, Rebellion:
Suspension
- Call on AFP to suppress
[Art. VII, Sec. 18]
* Invasion or Rebellion

IF public safety requires

- Declare Martial Law &/or

- Suspend the Privilege of the Writ of

Habeas Corpus



80. ____________ - It is that law

which has application when military

arm does not supersede civil

authority but is called upon to aide

it in the execution of its vital

functions.

Note:

1) Report to Congress with-in 48

hours;

2) Subject to revocation or extension

by Congress

3) Subject to SC ruling

4) Expires 60 days after

5) Persons not charged and put to trial

within 3 days will be released.







Pardoning Power

[Sec. 19]
Power to Concur in
Grants of:
Presidential Amnesties
81. _________ - an act of grace
[Art. VII, Sec. 19]

proceeding from the power

Power to rule on the
constitutionality of martial law
declaration or Habeas Corpus Writ
Suspension
[Art. VII, Sec. 18]

Judicial Power Check

Atty. Lalaine P. Salve - Esmeralda


































Power to Concur in
Treaties/Agreements
2/3 of Senate
[Art. VII, Sec. 21]

Appropriation Power
or the Power of the Purse
and Disbursement Power
[Secs. 24 & 25]

Power to Tax
[Sec. 28]

Grant to Pres. of power to set tariff rates at certain

conditions
Note: Tax Exemptions
1) Constitutional
2) Congressional majority vote

Electoral Powers
- Contest Resolution for Congressional Elections via the
Electoral Tribunals (SET/HRET) [Sec. 17]
- The official Board of Canvassers for Presidential
Elections [Art. VII, Sec. 4]
- Call for Special Presidential Elections in case of
vacancy in the offices of the Pres. & VP Art. VII, Sec. 10]

entrusted with the execution of the

laws.
82. _________ - It is the reduction of
the sentence imposed to a lesser
punishment, as from death to life
imprisonment.
83. ______________ - It is the
postponement of the execution of a
death sentence to a certain date.
84. Remission of Fines
85. Forfeiture of fines
86. _______________ - It is an act of
sovereign power granting oblivion
or a general pardon for a past
offense usually granted in favor of
certain classes of persons who have
committed crimes of a political
character.
Note:
Only upon conviction by final
judgment
Not applicable on :
-Impeachment
-Violation of Election Laws exc: with
COMELEC recommendation
-Legislative or civil contempt
-Extinguishment of civil liability
-Effecting restoration of forfeited
public office


Diplomatic or Treaty/Agreement-
Making Power
[Sec. 21] Note: Must be with
concurrence of 2/3 of Senate
87. ______________ a compact made
between two or more states, including
international organizations of states
intended to create binding rights and
obligations upon the parties thereto.


Budgetary Power
[Sec. 22] Note: The submission must be
within 30 days from the opening of
the regular session of Congress


Tariff Powers

[Art. VI, Sec. 28]

Borrowing Power
[Sec. 20] Note: Must be with
concurrence of the Monetary Board
and report to Congress


Informing Power
[Sec. 23]

88. ________________ What does
SONA stands for?
89. ________________ When does the
President deliver his SONA?






Atty. Lalaine P. Salve - Esmeralda


Power to Judge the Fitness of the President
[Art. VII, Sec. 11]

Power of Impeachment
[Art. XI, Secs. 2 & 3]

Power vis--vis Natural Resources

Check on Presidents Temporary

Incapacity

[Art. XII]

Constituent Power
Propose Amendments or Revisions to the Constitution
[Art. XVII, Sec. 1]

Atty. Lalaine P. Salve - Esmeralda