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LEGISLATIVE EXECUTIVE JUDICIAL

Power with Legislative power – make, alter or Executive power – implement and see to Judicial power – settle actual controversies
definition repeal laws it that the laws are faithfully executed 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.
To whom vested The legislative power shall be 1 President 1 Supreme Court and in such lower courts as
vested in the Congress of the may be established by law (1 Chief Justice
Philippines which shall consist of a and 14 Associate Justices)
Senate and a House of
Representatives, except to the
extent reserved to the people by the
provision on initiative and
referendum. (24 Senators and not
more than 250 Members of the
HOR)
Qualifications Qualifications of Senators: No person shall be elected President a. Natural born citizen
a. Natural born citizen unless he is a natural born citizen of the b. At least 40 years of age
b. At least 35 years old on day Philippines, a registered voter, able to c. Must have been for 15 years or more
of election read and write, at least 40 years of age a judge of a lower court or engaged in
c. Able to read and write on the day of the election and a resident the practice of law in the Philippines
d. Registered voter of the Philippines for at least 10 years d. Must be a person of proven
e. Resident for at least 2 years immediately preceding the election. competence, integrity, probity, and
immediately preceding the day of independence
the election

Qualifications for Members of HOR:


1. Natural born citizen of the
Philippines
2. At least 25 years old on the
day of election
3. Able to read and write
4. Registered voter in the
district he seeks to represent
5. Resident of such district for
at least one year immediately
preceding the day of the election.

Party-list representative- constitute


20% of the total number of
representatives, including those
under the party-list system
Qualification:
1. Natural born citizen
2. At least 25 years of age on
the day of the election
3. Able to read and write
Terms/Limits Senators: The Pres. And Vice-Pres shall be elected The members of the Supreme Court and
A term of 6 years commencing at by direct vote of the people for a term of judges of lower courts shall old office during
noon June 30 next following their 6 years which shall begin at noon on the good behavior until they reach the age of 70
election. 30th day of June next following their or become incapacitated to discharge the
Term limitations: election and shall end at noon of the duties of their office.
1. No Senator shall serve for same date 6 years thereafter. The
more than 2 consecutive terms. President shall not be eligible for any re-
2. Voluntary renunciation of election.
office for any length of time shall
not be considered as an interruption No person who has succeeded as
in the continuity of his service for President and has served as such for
the full term for which he was more than 4 years shall be qualified for
elected. election to the same office at any time.

Members of HOR: No Vice-president shall serve for more


Term of office: than 2 successive terms. Voluntary
1. Each member of the house renunciation of the office for any length
shall be elected for a term of 3 years of time shall not be considered as an
which shall commence at noon June interruption in the continuity of service
30 next following their election. for the full term for which he was
Term limitation: elected.
1. No member of the House of
Representatives shall serve for more
than 3 consecutive terms.
2. Voluntary renunciation of
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.
Vacancies – how In case of vacancy on the Senate or If Pres and Vice Pres- are not qualified, The Members of the Supreme Court and
filled in the House of Representatives, a the Senate Pres. Shall act as Pres. If judges of the lower courts shall be appointed
special election may be called to fill Senate Pres is also not qualified, the by the President from a list of at least three
such vacancy in the manner Speaker of the House shall act as nominees prepared by the Judicial and Bar
prescribed by law, but the Senator President. If the Speaker is not qualified, Council for every vacancy. Such
or Member of the House of the congress shall pass a law. appointments need no confirmation.
Representatives thus elected shall If Vice-Pres is vacant, the Pres shall For the lower courts, the President shall
serve only for the unexpired term. nominate from the Senate or House of issue the appointments within ninety days
Rep who shall become Vice Pres upon from the submission of the list.
confirmation of the majority vote of the
members of the Senate and House of
Rep, voting separately.
In case of vacancy in Pres, and Vice-Pres,
Congress shall convene on the 3rd day
after the vacancy to enact a law calling
for special election to be held not later
than 60 days.
Note: Special elections cannot be
postponed but no special election shall be
held within 18 months before the next
presidential election.
Prohibitions Disqualification When applicable The President, Vice-President, the The Members of the Supreme Court and of
1. Senator/ During his term. Members of the Cabinet, and their other courts established by law shall not be
Member of If he does so, he deputies or assistants shall not, unless designated to any agency performing quasi-
House cannot forfeits his seat otherwise provided in this Constitution, judicial or administrative functions.
hold any other hold any other office or employment
office or during their tenure. They shall not,
employment in during said tenure, directly or indirectly,
the government practice any other profession, participate
or any in any business, or be financially
subdivision, interested in any contract with, or in any
agency or franchise, or special privilege granted by
instrumentality the Government or any subdivision,
including agency, or instrumentality thereof,
GOCCs or their including government-owned or
subsidiaries controlled corporations or their
subsidiaries. They shall strictly avoid
2. Legislators If the office was conflict of interest in the conduct of their
cannot be created or the office.
appointed to any emoluments
office thereof The spouse and relatives by
increased during consanguinity or affinity within the
the term for fourth civil degree of the President shall
which he was not, during his tenure, be appointed as
elected Members of the Constitutional
Commissions, or the Office of the
Ombudsman, or as Secretaries,
3. Legislators During his term Undersecretaries, chairmen or heads of
cannot of office bureaus or offices, including government-
personally
appear as owned or controlled corporations and
counsel before their subsidiaries.
any court of
justice, electoral
tribunal, quasi-
judicial and
administrative
bodies

4. Legislators During his term


cannot be of office
financially
interested
directly or
indirectly in any
contract with or
in any franchise
or special
privilege
granted by the
government or
any subdivision,
agency,
instrumentality,
including any
GOCC or its
subsidiary

5. Legislators When it is for


cannot intervene his pecuniary
in any matter benefit or where
before any office he may be called
of the upon to act on
government account of his
office
Powers Power to enact laws Power to implement laws 1. Original jurisdiction over cases
Police power Administrative power and control over affecting ambassadors, public ministers,
Power of eminent domain the agencies of the govt consuls and petitions for certiorari,
Power of taxation Power to appoint govt officials prohibition, mandamus, quo warranto and
Power to choose who shall become Pardoning power habeas corpus
President in case of tie (Sec 4 (4)) Power to declare martial law 2. Review, revise, reverse, modify or
Power to impose death penalty Power to suspend the privilege of writ of affirm on appeal or certiorari as the law or
Power to act as a constituent habeas corpus the Rules of Court may provide final
assembly Power to veto a law judgments and orders of lower courts in:
Power to declare existence of war Power of supervision a. All cases in which the
Power to confirm the appointments Power of control over the local govt constitutionality or validity of any treaty,
of govt officials Power to conduct treaty and international or executive agreement, law,
Power to ratify treaty international agreement with other presidential decree, proclamation order,
Power to conduct investigation in states instruction, ordinance or regulation is in
aid of legislation question
Immunity from arrest for offenses b. All cases involving legality of any
punishable by not more than 6yrs of tax, impost, assessment, or toll or any
imprisonment penalty imposed in relation thereto
Power to appropriate money c. All cases in which the jurisdiction of
Power to impeach 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
3. Assign temporarily judges of lower
courts to other stations as public interest
may require. Such temporary assignment
shall not exceed 6 months without the
consent of the judge concerned.
4. Order a change of venue or place of
trial to avoid miscarriage of justice
5. Promulgate rules concerning
protection and enforcement of constitutional
rights, pleadings, practice and procedure in
all courts, the admission to practice of law,
the Integrated Bar and legal assistance to
the underprivileged
6. Appoint all officials and employees of
the judiciary in accordance with the civil
service law.

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