Article VI: Legislative Department

Legislative power- the power to make, alter, and repeal laws.

Laws being describe is the “Statutory Laws”

Functions of Law
1. Defines the right and duties of the citizens
2. Imposes taxes
3. Appropriate funds
4. Defines crimes and provides their punishment
5. Creates and abolishes Government Offices

Legislative branches
1. House of Senate- composes of senators
2. House of Representative- composes of different congressman

The Legislative body in the Philippines is in Bicameralism form.

Powers of the Congress

1. General Legislative Power- enact laws
2. Specific Powers
a. Choose who will be the President in case of the temporary disabilities/death of
the incumbent President.
b. Confirms appointments made by the President through the Congress’ Commission
on Appointments.
c. Promotes social Justice
d. Imposes Taxes
e. Impeach a high position government Official
f. Act as constituent Assembly in case of any changes being made in the
constitution
3. Implied Power- power needed to enact a law
4. Inherent Power
a. Eminent Domain- acquiring any private property to be used for the use of the
Public.
b. Power of Taxation- creating laws regarding taxation
c. Police Power- enacting law through the help of the Police Force

Principle of Checks and Balances Implied on Legislative

1. Legislative is being check by the Executive Branch through checking the Laws
made by the Congress. Any bill without the signature of the President is void. The
President can disapprove the bill being submitted.
2. President’s veto (disapproval of a bill) can be removed by a voting of the House
of Representative. There must be at least 2/3 vote of the total Representative must be
gathered to override the veto.
3. Laws created by the Congress also is being confirmed by the Judiciary by check
it if it does not violate the constitution.

The House of Senate

- There are 24 senators. They have a 6 years term. The senate is being
alternately being elected, meaning every election only 12 senator sits are vacant while
the remaining 12 is still in the position.
Qualification of a Senator
a. Natural Born Citizen of the Philippines
b. At least 35 Years of Age
c. Able to read and write
d. Must be A registered voter.
- Two consecutive term is not allowed

House of Representative
- There are 250 Representatives/congressmen.
- Composes of Different provincial representative and different party list.
- They have 3 years term.

Qualification of a Congressman
a. Natural Born Citizen of the Philippines
b. At least 25 years of Age
c. Able to read and write
- 3 consecutive term is not allowed

Party List
- It is the 20% of the number of congressmen.
- Representative of different sectors such as the teens, woman, athletes.

Kind of Election for the Members of the Congress

1. Regular Election
2. Special Election- happens only if there is vacancy is the congress.

Stages of Legislative Enactment/ Passage of a Bill

1. First Reading- the bill is only being read by its title and number together with the
name/s f the author/s.
2. Referral to the appropriate committee- it will be referred to the appropriate
committee for study and consideration. Revision may be made depending on the public
hearing results to be conducted by the certain committee.
3. Second Reading- the bill is being read in its entirely together with the
amendments proposed by the committee.
4. Debates- authors are given time to deliver his speech to convince his colleagues
and to make his co-legislators be in favor of the authors bill which is needed in the
voting of the approval of the bill.
5. Printing and Distribution- after all the proposed amendments has been presented
during the debate, the bill shall be in its final forms and copies of its would be distributed
among the members of the House where it originated three days before its passage
6. Third Reading- the voting of the approval of the bill.
7. Referral to the other house- after the approval from the other house, it must be
submitted to the other house. The bill will undergo Step 1-6.
8. Submission to a Joint Bicameral Committee- if in case the decision of the Houses
contradict, the respective committees in both housed shall have a joint bicameral
meeting to compromise their stance in order to have consensual positions.
9. Submission to the President
Article VII: Executive Department

Executive Power- power to administer the laws.

Qualification of the President

1. Natural Born Citizen of the Philippines
2. A registered voter
3. Able to read and write
4. At least 40 years of age.
5. Resident of the Philippines for at least 10 years

Power of the President

1. Veto Power- reject or disapprove any bill passed by the congress
2. Appointing power- to appoint its cabinet members and other officials of the
military and civil service. This certain appointment is subject to the confirmation of the
Congress’ Commission on Appointment
3. Reprieve- postponed the date of execution of a convict from a definite date to
other definite time.
4. Suspension of Sentence- postponement of a sentence without a given definite
time when will be the sentence be executed.
5. Commutation- to lower a certain punishment given to a convict to a lower crime.
6. Pardoning- to forgive and release the convict from imprisonment
7. Amnesty- act of forgetfulness by the president to a person who committed an
offense undermining the sovereignty of the state
8. Commander-in-Chief of the Armed Forces of the Philippines
9. Declare Martial Law- to be confirmed by the congress
10. Suspend the Privilege of the writ of habeas corpus

Restrictions to Declare a Martial or suspend Habeas Corpus

1. There must be an actual invasion or rebellion on a certain area (province, city,
etc…)
2. The period must not exceed 60 days unless extended by the congress
3. President must submit a report in person or in writing to the congress within
48hours of proclamation or suspension which will guide the congress in deciding the
action it should take, i.e., revocation or extension;
4. Proclamation or suspension may be made by the Congress by voting.
5. The Supreme Court may inquire into the sufficiency of the factual basis of the
proclamation or suspension of a Martial Law or Habeas corpus.
Article VIII: Judiciary Department

Judiciary- watch dog of the Legislative and Executive Department

Judicial Power
1. Adjudicatory power- power to use law to solve an issue and to determine the
abuses made.
2. Judicial Review- reviewing of the validity of the laws
3. Incidental Power- Judgement of contempt.

Kind of Offense
1. Criminal Case- an offense which affect the community such as killings, massacre,
and etc…
2. Civil Case- an offense which affect two or more individual such as failure to
comply to a contract.

Classification of Court According to Origin

1. Constitutional Court- the Supreme Court, the only Court mandated by the
constitution to be created.
2. Statutory Curt- courts created by the law (Lower Court)

Classification of Court According to Case

1. Special Court- court which has a limited jurisdiction
a. Court of Tax Appeal- court which hold the cases related to tax
b. Sandigan Bayan- court which hold the cases related to graft and corruption. Has
14 associate Justices.
c. Court of Appeals- court on which hold the cases being appeal to be rejudged.
d. Shariah Court- court which holds the cases of civil offenses related to Muslims.

2. Regular Court- those court which handles those common cases

Composition of Supreme Court

1. One Chief Justice
2. Fourteen Associate Justices

Qualification of a Chief Justice

1. Natural Born Citizen of the Philippines
2. At least 40 years of age
3. Must have 15 years or more been judge of a lower court or engaged in the
practicing law in the Philippines
4. Must be a person of a proven competence, integrity, probity, and independence.
5. Must be a Member of Integrated Bar of the Philippines

Appointment of a Chief Justice/ associate justices

- A certain list of people must be submitted by the Judicial and Bar Council to the
President.
- The President will appoint the Justice but it cannot remove any justice being
appointed.
- Retirement age is 70 year old.
 Pilgrim Christian College
Akut-Tiano St., Cagayan de Oro City

FINAL GROUP REPORT

Political Science
BSA

In-Partial Fulfillment
BSA-3

Submitted by:
Bryan T. Lluisma

Submitted to:
Dr. Teofista Polestico-Bartolome