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THE PHILIPPINES
1. Legislative Power
The authority under the constitution to
make laws, and to alter and repeal the
same
2. Law
A body of rules of conduct or action,
prescribed by a compelling authority which
the people must follow and obey subject to
legal sanctions and consequences in case
of violation.
Philippine Laws
1. Constitution
The fundamental or supreme law
2. Statutes
Law passed by Congress
3. Jurisprudence
Consists of decisions promulgated by the Supreme
Court
4. Treaties
Agreements entered between and among the
Philippines and other States or other entities
5. Ordinances
Passed by local government
The Philippine Congress
The Philippine Congress exercised the power to make,
to alter and modify laws of shall be composed of:
Registered voter
At least 35 years of age at the day of the election
Term of Office
Six years
Disqualified to serve for more than 2 consecutive terms
B. The House of Representative
Classification of Members
a. District representative one who represents a
legislative districts
b. Sectoral representative one who represents a
sector
c. Party-list representative one who represents a
political party
Qualifications of Members
Natural-born citizen of the Philippines
Able to read and write
Resided in the Philippines for at least 1 year
immediately preceding the election where he seeks
office
Registered voter
At least 25 years of age at the day of the election
No representative shall serve as such for more than
three consecutive terms.
Election and Salaries of Members of
Congress
Kinds of Election of members of Congress
a. Regular election held on the second Monday of
May, unless another date is provided by law
b. Special election called in case of vacancy in the
senate or in the office of a representative
Registered voter
At least 40 years of age at the day of the election
Election and Term of Office of the
President and Vice- President
The president and the vice-president shall be elected by
a direct vote of the people for a term of six years
In case of a tie between two or more candidates the
Congress shall decide the winner by a vote of the
majority of the members of both houses, voting
separately
Any election contest is decided by the Supreme Court
sitting en banc
The president is not eligible for reelection while the vice-
president can be reelected but cannot be allowed to
serve for more than 2 successive terms
Term of Office vs. Tenure of
Office
Term of office
The period, duration or length of
time during which an officer may
claim to hold the office as a right
Tenure of office
The period during the officer
actually holds the office
When shall the Vice-President acts or
become the President
The elected President fails to qualify
A president has not been chosen
In case of temporary inability or
incapacity of the President
When the president dies
When has become permanently
disabled or has resigned
Vacancy in the Office of President or the
Vice-President
President shall nominate from among the members of
the Congress who shall assume office when the
nomination is confirmed by a majority vote of the
members of both Houses
The congress shall convene and enact a law calling a
special election for the election of President and Vice-
President
The special election should be passed within 7 days
after the Congress convened
Limitations on the President, Vice-President,
Members of Cabinet and their Assistants
They shall not hold any other office or
employment
They shall not practice any other
profession
They shall not participate in any
business
Prohibit to appoint his spouse and
relatives within fourth civil degree to
any position mentioned
Powers of the President
Power of Appointment
The act of designation by an executive officer,
board or body or to whom the power has been
delegated, of the individual who is to exercise the
functions of a given office. Permanent or
temporary
Kinds of Presidential Appointments
1. Regular made during the sessions of congress
2. Ad interim appointments made during recess of
Congress
Power to remove
Power of control over all executive departments,
bureaus, and offices
Control over the cabinet members alter ego of the
president; act in accordance with the presidents order
Military Power of the President
Power to declare martial law law which applies
when the military arm does not supersede civilian
authority but is called upon to aid in the execution of
its functions
Pardoning Power
Kinds of Pardoning Power
Reprieve postponement of the execution of a death
sentence
Remission of fines and forfeitures condonation of the
financial obligation and the return of properties
confiscated by reason of the commission of the offense
and conviction of the offender
Commutation the reduction of sentence imposed;
changing of punishment to one less severe
Pardon an act of grace that sets aside punishment for
a crime
Kinds of Pardon
Absolute
Pardon not subject to any
condition
Conditional
Pardon granted with a condition
Amnesty