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ACT-Reviewer Legislative Executive Judiciary

Senate HOR President Vice President


Definition (of The power to propose, enact, amend and repeal laws Includes the duty of courts of justice to settle actual
Power) controversies involving rights which are legally
demandable and enforceable and to determine whether or
not there has been grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch
or instrumentality of the Government
Where vested Congress, except to the extent reserved to the people by President of the Philippines In one Supreme Court an in such lower courts as may be
provision on initiative and referendum established by law
Composition 24 Senators Not more than 250 members 1 Chief Justice
unless otherwise provided by 14 Associate Justices
law, consisting of:
a. District Representative It may sit en banc or, in its discretion, in divisions of 3,5
b. Party-list representatives or 7 members
(20% of the total number of
the members of HOR including
those under the party-list)
c. Sectoral representatives

Qualifications 1) Natural-born citizen of the District Representatives 1) Natural-born citizen of the Philippines General: Of proven competence, integrity, probity and
Philippines 1) Natural-born citizen of the 2) at least 40 years of age at the day of the election independence
2) at least 35 years of age at Philippines 3) able to read and write
the day of the election 2) at least 25 years of age at 4) registered voter Supreme Court:
3) able to read and write the day of the election 5) resident of the Philippines for at least 10 years 1) Natural-born citizen of the Philippines
4) registered voter 3) able to read and write immediately the preceding such election 2) at least 40 years of age
5) resident of the Philippines 4) registered voter in the 3) a judge of a lower court or engaged in the practice of
for not less than 2 years district in which he shall be law in the Philippines for more than 15 years
immediately the preceding elected (except party-list
the day of the election representatives) Lower Collegiate Courts:
5) resident thereof for not less 1) Natural-born citizen of the Philippines
than 1 year immediately 2) Member of the Philippine Bar
preceding the day of the Note: Congress may prescribe other qualifications
election
Lower Courts:
Party-list Representatives 1) Citizen of the Philippines
1) Natural-born citizen of the 2) Member of the Philippine Bar
Philippines Note: Congress may prescribe other qualifications
2) at least 25 years of age at
the day of the election
3) able to read and write
4) registered voter
5) resident of the Philippines
for at least 1 year immediately
preceding the day of the
election
6) a bona fide member of the
party or organization which he
seeks to represent for at least
90 days preceding the day of
the election

Term of Six (6) years commencing at Three (3) years commencing Six (6) years Six (6) years The Members of the Supreme Court and judges of lower
Office/Tenure noon on the 30th day of June at noon on the 30th day of courts shall hold office during good behavior until they
next following their election June next following their Limitation: No re-election Limitation: reached the age of seventy years or become incapacitated
election Shall not serve to discharge the duties of their office.
Limitation: No Senator shall for more than
serve for more than two (2) Limitation: Shall not serve for two (2)
consecutive terms more than three (3) consecutive
consecutive terms terms
Election Elected at large by qualified voters Regular: 2nd Monday of May

2nd Monday of May, unless otherwise provided by law Congress as canvassing board
Salaries Fixed by law; may not be decreased during their
Shall be determined by law. No increase in said compensation Shall be determined by law and shall not be continuance in office
shall take effect until after the expiration of the full term of all decreased during their tenure. No increase in said
the members of the Senate and the HOR approving such compensation shall take effect until after the
increase 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.

Privilege Freedom from arrest Official Residence Deliberative process privilege

A Senator or member of the HOR shall, in all offenses Immunity from Suit Constitutional Safeguards
punishable by not more than six years imprisonment, be The Supreme Court is a constitutional body; it may not be
privileged from arrest while the Congress is in session Executive Privilege abolished by the legislature.
2. The members of the Supreme Court are removable by
Privilege of speech and debate impeachment.
3. The Supreme Court may not be deprived of its
No member shall be questioned nor be held liable in any other minimum original and appellate jurisdiction; appellate
place for any speech or debate in the Congress or in any jurisdiction may not be increased without its advice
committee thereof. and concurrence.
4. The Supreme Court has administrative supervision over
all inferior courts and personnel.
5. The Supreme Court has the exclusive power to
discipline judges/ justices of inferior courts.
6. The members of the Judiciary have security of tenure.
7. The 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; the Judiciary
enjoys fiscal autonomy.
9. The Supreme Court, alone, may initiate and
promulgate the Rules of Court.
10. The Supreme Court, alone, may order temporary
detail of judges.
11. The Supreme Court can appoint all officials and
employees of the Judiciary.

Disqualifications
/Prohibitions/ Incompatible Office Shall not receive any other emoluments from the The Members of the Supreme Court and of other courts
Inhibitions government or any other source established by law shall not be designated to any agency
No Senator or Member of the HOR may hold any other office or performing quasi-judicial or administrative functions.
employment in the Government, or any subdivision, agency, or Shall not hold any other office or employment,
instrumentality thereof, including goccs or their subsidiaries unless otherwise provided in the Constitution
during his term without forfeiting his seat.
Shall not directly or indirectly practice any other
Forbidden Office profession, participate in any business, or be
Neither shall he be appointed to any office which may have financially interested in any contract with, or in any
been created or the emoluments thereof increased during the franchise or special privilege granted by the
term for which he was elected. Government, etc.,

Others: Strictly avoid conflict of interest on the conduct of


>personally appear as counsel before any court of justice or their office
before the Electoral Tribunal, or quasi-judicial or other
administrative bodies
>directly or indirectly. be financially interested in any contract May not appoint spouse or relatives by consanguinity
with, or in any franchise or special privilege granted by the or affinity within the 4th civil degree as Members of
Government, etc., during his term of office the Constitutional Commissions, or the Office of the
>intervene in any matter before any office of the Government Ombudsman, or as Secretaries, Under Secretaries,
for his pecuniary benefit or where he may be called upon to act chairmen or heads of bureaus, including goccs and
on account of his office their subsidiaries. (NOT APPLICABLE TO VP)

Sessions Regular: once every year on the 4th of July

Special: may be called by the President any time

Joint Sessions
Voting Separately:
1)Choosing a President
2) Determine President’s disability
3) Confirming nomination of the Vice President
4) Declaring the existence of war
5) Proposing constitutional amendments

Voting Jointly:
1) To revoke or extend proclamation suspending the privilege
of the writ of habeas corpus or placing the Philippines under
martial law
Officers
Senate President (majority Speaker of the House
vote of all the members of (majority vote of all the
the Senate) members of the HOR)
Quorum
Majority of each House
Rules of
Proceedings Each house may determine the rules of its proceedings Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice
of law, the Integrated Bar, and legal assistance to the
underprivileged. 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.

Discipline of Each House may determine the rules of its proceedings, punish The Supreme Court en banc shall have the power to
Members its Members for disorderly behavior, and, with the concurrence discipline judges of lower courts, or order their dismissal
of two-thirds of all its Members, suspend (for not more than 60 by a vote of a majority of the Members who actually took
days) or expel a Member. part in the deliberations on the issues in the case and
voted thereon.

The Supreme Court shall have administrative supervision


over all courts and the personnel thereof.
Electoral Total: 9 members FOR EACH HOUSE The Supreme Court, sitting en
Tribunal banc, shall be the sole judge of all
3 SC Justices (designated by the the CJ) contests relating to the elections,
6 members of the house concerned chosen on the basis of returns and qualifications of the
proportional representation from the political parties President or Vice President, and
promulgate its rules for the
purpose
Commission on Total: 25 members Total: 7 members
Appointments /
Judicial and Bar 1 Senate President as ex officio Chairman 1) Chief Justice as ex-officio Chairman
Council 12 Senators 2) Secretary of Justice as ex-officio Secretary
12 Members of the HOR 3) Representative of Congress (ex-officio)
4) Representative from the Integrated Bar of the
(elected by each house on the basis of proportional Philippines
representation from the political parties) 5) A professor of law
6) A retired justice of the Supreme Court
7) Representative of the private sector

Powers 1) General [plenary] legislative power 1) The Executive Power 1) Original Jurisdiction
2) Power of Appropriation 2) The Power of Appointment vis- >Over cases affecting ambassadors, other public
3) Power of Taxation à-vis Power of Removal ministers and consuls, and over petitions for certiorari,
4) Power of Legislative Investigation 3) The Power of Control
5) Question Hour 4) The Military Powers prohibition, mandamus, quo warranto, and habeas
6) Power to declare the existence of state of war 5) The Pardoning Power corpus.
7) Power to act as Board of Canvassers in election of President 6) The Borrowing Power
8) Power to call a special election for President and Vice 7) The Diplomatic Power 2) Appellate Jurisdiction
President 8) Budgetary Power >Review, revise, reverse, modify, or affirm on appeal or
9) Power to judge President’s physical fitness to discharge the 9) The Informing Power certiorari, as the law or the Rules of Court may provide,
functions of the Presidency 10) Call Congress to a special final judgments and orders of lower courts in:
10) Power to revoke or extend suspension of the privilege of session
the writ of habeas corpus or declaration of martial law 11) Power to approve or veto bills (a) All cases in which the constitutionality or validity of
11) Power to concur in Presidential amnesties 12) To consent the deputation of any treaty, international or executive agreement, law,
12) Power to concur in treaties or international agreements government personnel by the presidential decree, proclamation, order, instruction,
13) Power to confirm certain appointments/nominations made COMELEC ordinance, or regulation is in question.
by the President 13) To discipline such deputies
14) Power of impeachment 14) By delegation of Congress, (b) All cases involving the legality of any tax, impost,
15) Power relative to natural resources emergency powers and tariff assessment, or toll, or any penalty imposed in relation
16) Power to propose amendments to the Constitution powers thereto.
15) General supervision over local
governments and autonomous (c) All cases in which the jurisdiction of any lower court is
regional governments 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.

3) Temporary Assignment of Judges of lower courts


4) Order change of venue
5) Rule Making Power
6) Power of Appointment
7) Power of Administrative Supervision

Rules on Special election shall be held Vacancy at the beginning of the President shall The Members of the Supreme Court and judges of lower
Succession term nominate from courts shall be appointed by the President from a list of at
(VACANCY ETC.) 1) Death or permanent disability among the least three nominees prepared by the Judicial and Bar
of the President-elect P-elect), members of the Council for every vacancy. Such appointments need no
VP-elect shall BECOME President Senate and the confirmation.
2) P-elect fails to qualify, VP shall HOR who shall
act as President until the P-elect assume office For the lower courts, the President shall issue the
shall have qualified upon appointments within ninety days from the submission of
3) President shall have not been confirmation by the list.
chosen, VP-elect shall act as majority vote of
President until a President shall all the Members
have been qualified of both Houses
4) In case both the President and of Congress
the VP shall not have qualified or voting
died or become permanently separately.
disabled, the President of the
Senate or in case of his inability,
the Speaker of the House, shall
act as the President until a
President or VP shall have been
chosen and qualified

Vacancy during the term


1) Death, permanent disability,
removal from the office or
resignation of the President: VP
shall become President

2) Death, permanent disability,


removal from the office or
resignation of the President and
VP: Senate President or in case of
his inability, the Speaker of the
HOR shall act as President until a
President or VP shall be elected or
qualified

Temporary Disability
1) President transmits to the
Senate President and Speaker of
HOR a written declaration that he
is unbale to discharge the powers
and duties of his office: Such
powers and duties shall be
discharged by the VP as acting
President

2) Majority of all the Members of


the Cabinet transmits to the
Senate President and Speaker of
HOR their written declaration that
the President is unable to
discharge the powers and
functions of his office: VP shall
assume the powers and duties of
the office as Acting President

Removal Impeachment Impeachment for SC

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