POLGOV

MS. CHRISTINE MAGBANUA || SEM 01 2022

Philippine Democratic Politics; ➔ Present also during the

precolonial times was the system
Historical Background of
of stratification. The stratification
Philippine Democratic Politics
was based on class, which
(The evolution of Philippine politics,
include:
government, and governance)
◆ Nobility (Maharlika)
◆ Freeman (Timawa)
THE DEVELOPMENT OF ◆ The Serf (Aliping
PHILIPPINE GOVERNMENT namamahay)
The evolution of Philippine politics ◆ The Slaves (Aliping
may be presented through the various Sagigilid)
historical periods that the country has SPANISH PERIOD
undergone. The discussion will be ➔ Ferdinand Magellan’s arrival in
divided as follows: the Philippines in 1521 became
1. Pre-Colonial Period (before 1565) the Spanish crown’s basis for the
2. Spanish Period (1565- 1898) occupation of the archipelago.
3. Revolutionary Period ➔ Thereafter, a number of
(1868-1898) expeditions were sent to formally
4. American Period (1898-1941) colonize the archipelago.
5. Japanese Occupation ➔ However, it was only during
(1941-1945) Miguel de Lopez conquest of the
6. Postwar Era or the Third island in 1565 did the formal
Philippine Republic (1946-1971) establishment of a colonial
7. Martial Law Era (1972-1981) and government take place.
the Fourth Republic (1981-1986) ➔ The precolonial government was
8. Post-EDSA or the Fifth republic characterized by independent
(1986-present) barangay, the Spaniards
consolidated power under a
PRE-COLONIAL PERIOD centralized government which
➔ Even before the Spaniards was led by the
arrived in the Philippines in 1521, GOVERNOR-GENERAL
there was already a system of ➔ With his authority based in
governance in pre-colonial Manila (Intramuros), the
Philippines. Governor-General was likewise
➔ Back then, the Philippines was an an all-powerful individual.
archipelago organized into ➔ Recognizing the influence of the
several independent and datus for easier pacification of
self-sufficient political units natives, the Spaniards appointed
known as the BARANGAY. the chieftains as CABEZA DE
➔ This unit is headed by a chief as BARANGAY.
the DATU. ➔ The unified barangays composed
the pueblos or town which were

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led by the GOBERNADORCILLO ➔ It envisioned a unified Filipino

(LITTLE GOVERNOR). nation that would revolt against
➔ The consolidated towns the form the Spaniards for total
into provinces which could be independence of the country
categorized into: from Spain. One of the most
◆ Alcaldia- Provinces fully important Katipunan documents
subjugated headed by was the Kartilya ng Katipunan.
ALCALDE MAYOR
◆ Corregimiento- provinces
that were not entirely
pacified under Spanish
authority led by Corregidor.
➔ ROYAL AUDIENCIA- is an
independent body created to
hear and solve cases. ➔ Andrés Bonifacio personal flag
➔ Audiencias were established in which depicts a white sun with an
MANILA, CEBU, VIGAN indefinite number of rays on a
field of red. Below the sun are
REVOLUTIONARY PERIOD three white Ks arranged
➔ The PROPAGANDA MOVEMENT, horizontally. This flag was first
led by the key figure such as Jose unveiled on August 23, 1896,
Rizal, Marcelo H. del Pilar and during the Cry of Pugadlawin
Graciano Lopez Jaena (members where the assembled Katipunan
of the La Solidaridad) advocated members tore their cedulas
reforms such that the same (community tax certificates) in
rights and freedoms being defiance of Spanish authority.
enjoyed in Spain would also be The flag was used later during
granted to Filipinos or the Indio. the Battle of San Juan del Monte
➔ They also wrote novels, on August 30, 1896, the first
manifestos and articles that major battle of the Philippine
called for reforms. Revolution.
➔ However, the failure of the ➔ As an organization, the katipunan
propaganda to initiate changes in adopted its own form of
the society gave birth to a secret government, which had national
association (KKK). and local levels.
➔ Kataastaasan, Kagalanggalang ➔ The katipunan was governed by
Katipunan ng mga Anak ng the:
Bayan formation on July 7, 1892 . 1. Kataastaasang Sanggunian
The founders of KKK are Deodato (Supreme Council) - which
Arellano, Andrés Bonifacio, was composed of the
Valentín Díaz, Ladislao Diwa, President, Secretary/ies,
José Dizon and Teodoro Plata. treasurer and Fiscal.

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2. Sangguniang Balangay Philippine legislature.

(Provincial Council) ➔ By 1916, the Philippine Autonomy
3. Sangguniang Bayan Act (Jones Law) provided for the
(Popular Council) reorganization of the Philippine
legislature intp a fully elected
4. Sangguniang Hukuman
and Filipino- controlled
(Judicial Council)
bicameral body.
➔ Events, however, led to the
➔ Until 1934, Tydings-McDuffie Act
division of the Katipunan into (Philippine Independence Act)
factions: was ratified by the US Congress.
a. The Magdalo (Baldomero ➔ It established the Philippine
Aguinaldo) Commonwealth which provided
b. Magdiwang (Mariano for a 10-year transition period
Alvarez that would prepare the Filipinos
➔ On March 22, 1987, the Tejeros for self-governance.
Convention was called, where ➔ President Manuel Quezon and
Vice President Sergio Osmena
General Emilio Aguinaldo was
headed the first commonwealth
elected as President and Andres
government.
Bonifacio as Secretary of Interior
but was questioned by Daniel JAPANESE PERIOD
Tirona for not being qualified for ➔ The Japanese Occupation of
the position. Manila signaled the
establishment of the Japanese
AMERICAN PERIOD Military Administration on
➔ The signing of the TREATY OF January 3, 1942.
PARIS signaled the end of the ➔ An initial move, the Japanese
Spanish-American War military forces established the
➔ The treaty involved United States Philippine Executive Commission
payment of $20 million to Spain (PEC) , a civil government that
after the latter ceded all as would temporarily rule the
imperial possessions including country.
Puerto Rico, Guam and ➔ In 1943, a new constitution was
Philippines. promulgated and the Japanese
➔ William Howard Taft became the sponsored Philippine Republic
first civil governor of the was established
Philippines. The civil governor ➔ JOSE P. LAUREL served as its
acts as the head of the executive President also SECOND
branch and also exercised REPUBLIC
legislative powers as the head of ➔ Second Republic is commonly
the Philippine Commission, a referred to as a PUPPET
lawmaking body whose members GOVERNMENT
were all appointed.
POSTWAR ERA
➔ In 1902, the Philippine Act
➔ The structure of postwar
(Cooper Act) was enacted which
Philippine politics and
provided for the Creation of the
government was founded on the
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1935 constitution ➔ Marcos lifted martial law by 1981,

➔ The first president of the third he continued to exercise
republic was Manuel Roxas, dictatorship power.
followed by Elpidio Quirino, ➔ Calls to end his dictatorial regime
Ramon Magsaysay, Carlos P. brought Filipinos to take to the
Garcia, Diosdado Macapagal and streets to participate in a popular
the first term of Ferdinand and nonviolent uprising called
Marcos. the EDSA People Power which
➔ Marcos' second term saw osted Marcos and ended his
changes in the governmental dictatorial rule.
structure and the ratification of
new constitutions in 1973. POST-EDSA PERIOD
➔ The period from 1986 onward is
MARTIAL LAW ERA & THE FOURTH the restoration of democracy.
REPUBLIC The fall of the dictatorship
➔ In 1965, Ferdinand Marcos was marked the shift toward
elected to the presidency and his redemocratization and return to
administration was characterized constitutionalism.
by an: ➔ A revolutionary government was
A. Increased Agricultural created following Corazon
Productivity Aquino’s ascent to Presidency
B. Massive Infrastructure ➔ When the new Philippine
Development Constitution was ratified in 1987,
C. Defining Diplomatic Policy a democratic and republican
➔ In 1969, he ran for election and government was established.
succeeded, making him the only ➔ The POST-EDSA era also known
president under the 1935 as the FIFTH REPUBLIC.
constitution to be elected for a ➔ CORAZON AQUINO served as the
second term. first President of the Fifth
➔ That time, however, the country Republic. Followed by FIDEL
was undergoing worsening RAMOS, JOSEPH ESTRADA after
economic conditions, being deposed by the EDSA
deteriorating peace and order, PEOPLE POWER II.
social discontent and a growing ➔ ESTRADA was succeeded by his
communist insurgency. Vice President GLORIA
➔ Under Marcos administration, a MACAPAGAL- ARROYO, followed
new constitution was adopted in by BENIGNO AQUINO, III and for
1973. the past five years we are under
➔ The 1973 constitution provided President Rodrigo Roa Duterte,
that the Philippines will have a the first president to have hailed
modified parliamentary form of from Mindanao.
government. ➔ Today, the Philippines is headed
➔ During Martial law, the political by President Ferdinand
rights and civil liberties of the “BONG-BONG” MARCOS, JR.
people as well as their human
rights were suppressed and
violated.
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The Legislative Branch ➔ As provided in Article II of the

Constitution, the Philippine
Introduction to Philippine Public
Government is democratic and
Administration
republican. It follows the
DEFINITION OF GOVERNMENT separation of powers, so that as
provided in Articles VI, VII and
➔ "Government" has been defined VIII, it divides itself into three
as an institution or collection of branches:
institutions through which a ◆ Legislative
sovereign society makes and ◆ Executive
implements law which enable ◆ Judicial
men to live with each other or ➔ Although these branches have
which are imposed upon the their own particular powers and
people forming the society by functions, they form only one
those who have the authority of coherent government with
prescribing them. purpose.
➔ Independent Constitutional
DEFINITION OF “GOVERNMENT OF
Commissions were also created
THE REPUBLIC OF THE as constitutional safeguards for
PHILIPPINES” the other aspects of governance
➔ Under the Section 2 (1) of the in the Philippines, such as the
Administrative Code of the audit of public funds, the conduct
Philippines, the “Government of of elections, and the
the Republic of the Philippines” maintenance of civil service. The
is defined as the “corporate intricacies of Philippine
governmental entity” through bureaucracy are laid down in the
which the through which the Constitution of Government.
functions of government are THE DOCTRINE OF SEPARATION OF
exercised throughout the
POWER ENTAILS:
Philippines, including, save as
the contrary appears from the ➔ First, the division of the powers
context, the various arms of the government into three;
through which political authority which are legislative, executive,
is made effective in the and judicial; and
Philippines, whether pertaining ➔ Second, the distribution of these
to the autonomous regions, the powers to the three major
provincial, city, municipal, or branches of the government,
barangay subdivisions, or other which are the Legislative
forms of local government." In Department, Executive
other words, it refers to the Department, and the Judicial
corporate institution which acts Department.
as an instrument through which ➔ Basically, it means that the
the people exercise their Legislative Department is
sovereignty. It is composed of the generally limited to the
central or national government enactment of the law and not to
and local government units. implementation or interpretation
of the same; the Executive
OVERVIEW OF THE STRUCTURE OF Department is generally limited
THE PHILIPPINE GOVERNMENT to the implementation of the law
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and not to the enactment or before the President, who

interpretation of the same; and belongs to the executive branch,
the Judicial Department is appoints a Supreme Court
generally limited to the justice, a recommendation must
interpretation and application of first be given to him by the JBC,
laws in specific. cases and not to which is an independent body in
the making or implementation of the judiciary.
the same. ➔ Another example would be the
use of public funds. Here, the
PURPOSE OF THE DOCTRINE President prepares the budget,
➔ Prevention of Monopoly Power on the basis of which the
➔ Separation of powers is said to be Congress enacts an
an attribute of republicanism, in appropriations bill which will then
that, among other reasons, it be submitted and approved by
seeks to prevent monopoly or the President.
concentration of power to one
CHECKS AND BALANCES
person or group of persons, and
thereby forestall dictatorship or ➔ Under the doctrine, there is no
despotism. Sovereignty resides in absolute separation of the three
the people, and it should remain branches of the government, but
that way. Government officials, to maintain their coequality each
who are the representatives of department checks the power of
the people, must exercise the the others. Generally, the
powers of their office in the departments cannot encroach
interest of the public. While each others' power, but
representational exercise of constitutional mechanisms allow
power brings out the essence of each one of them to perform acts
republicanism, too much that would check the power of
concentration of power rips it others to prevent monopoly,
apart, as were experienced in concentration, and abuse of
some administrations. power.
➔ For example, the Judicial and Bar
SEPARATION NOT EXCLUSIVE Council recommends nominees
➔ Important to understand is the to the President so that the latter
meaning of "separation" not as will not capriciously appoint
exclusivity but as "collaboration." someone whom he can easily
While each of the Departments convert into a puppet and
exercises its respective power, it thereby become his medium to
does so in collaboration with the control the judiciary.
other Departments because in ➔ In the same way, the
the end they all belong to one disbursement of public funds
unified government with a cannot depend solely upon the
common purpose. discretion of the President, but
➔ Appointment, for example, of must be based on legislation by
Members of the Supreme Court the Congress.
by the President must be upon
LEGISLATIVE POWER
the recommendation of the
Judicial and Bar Council. In here ➔ The word "legislative" is derived

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from the Latin "lex" which means of law making power to the
"law." Congress, as the power is
➔ In general, legislative power reserved to the people in cases of
refers to the power to make and initiative and referendum.
unmake laws. ➔ Thus, laws are made or unmade,
➔ Laws are rules or collection of first, by the Congress in the form
rules, whether written or of "statutes," and second, by the
unwritten, prescribed under the people in initiatives and
authority of a political society for referendums;
the common good. ➔ Legislative power per se is
➔ The "Legislative Department" exercised by the Congress and
(Legislature) is the law-making the sovereign Filipino people.
branch of the government.
LEGISLATIVE POWER AS
DELEGATION TO THE CONGRESS EXERCISED BY CONGRESS
➔ Fundamentally, legislative power (a)Power of Appropriation
is an attribute of sovereignty, in ➔ Section 29 (1), Article VI speaks
that the Constitution itself, the of the power to appropriate. It
fundamental law of the State, is a states, "No money shall be paid
legislation of the sovereign out of the Treasury except in
people. pursuance of an appropriation
➔ However, through the made by law.
Constitution, the people ➔ Appropriation means the
"delegated" the legislative power authorization by law for the use
to the Congress of the of a certain sum of the public
Philippines. funds. An appropriations law is
➔ Section 1, Article VI states that necessary before public funds
"Legislative power shall be may be spent by the government
vested in the Congress of the for its projects. The government
Philippines... The delegation of needs money in all its activities
power entails a surrender of and projects so that the power of
authority to the representatives, appropriation, also known as the
or in the case of legislative "power of the purse," is said to be
power, to the Congress. Thus, one of the most important
law-making can only be prerogatives of the Congress.
performed by the Congress, even (b) Power of Taxation
if the law it enacts involves the ➔ The power, which is one of the
people. inherent powers of the state, is
generally exercised by the
RESERVATION TO THE PEOPLE
legislative department. The
➔ The Constitution, however, Constitution limits such power as
makes a reservation as to the follows: "The rule of taxation
delegation, in that it explicitly shall be uniform and equitable.
states: "... except to the extent The Congress shall evolve a
reserved to the people by the progressive system of taxation."
provision on initiative and Taxation must be uniform,
referendum." In other words, equitable, and progressive. Any
there is no complete delegation law passed by the Congress
contrary to this provision is null
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and void. and complex demands of

(c)Power of Concurrence legislative function, the
➔ Section 21, Article VII states that Constitution provides exceptions
"no treaty or international to the rule. Further delegation is
agreement shall be valid and permitted in the following cases:
effective unless concurred in by (a) Delegation to the people at
at least two-thirds of all the large. The Congress further
Members of the Senate." This delegates its legislative power by
refers to the power of allowing direct legislation by the
concurrence of the Congress in people in cases of initiative and
which no treaty can become referendum;
binding and effective as a (b) Delegation of emergency
domestic law without the powers to the President.
two-thirds concurrence of the ➔ Section 23 (2), Article VI of the
Members of the Senate. Constitution states that "in times
of war or other national
NON-DELEGATION OF POWERS emergency, the Congress may, by
➔ The Congress cannot further law, authorize the President, for a
delegate the power delegated to limited period and subject to
it by the people. This is in such restrictions as it may
keeping with the principle of prescribe, to exercise powers
non-delegation of powers which necessary and proper to carry
is applicable to all the three out a declared national policy."
branches of the government. The Emergency powers åre delegated
rule states that what has been to the President by the Congress
delegated cannot further be to effectively solve the problems
delegated - potestas delegata caused by war or other crisis
non delegari potest. which the Congress could not
➔ A delegated power must be otherwise solve with more
discharged directly by the dispatch than the President;
delegate and not through the (c) Delegation of tariff powers
delegate's agent. It is basically to the President.
an ethical principle which ➔ Section 28 (2), Article VI of
requires direct performance by the Constitution states that
the delegate of an entrusted "the Congress may, by law,
power. Further delegation authorize the President to fix
therefore constitutes violation of within specified limits, and
the trust reposed by the subject to such limitations and
delegator on the delegate. The restrictions as it may impose,
people, through the Constitution, tariff rates, import and export
delegated law making powers to quotas, tonnage and wharfage
the Congress, and as such, it dues, and other duties or
cannot as a rule delegate further imposts within the framework
the same to another. of the national development
program of the Government."
NON-DELEGATION OF POWERS — Tariff powers are delegated to
EXCEPTIONS the President by the Congress
to efficiently and speedily
➔ In order to address the numerous
solve economic problems
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posed by foreign trade which RESTRICTIONS &

the Congress could not DISQUALIFICATIONS
otherwise address with more 1. Conflict of Interest
dispatch than the President; ➔ The Constitution demands
(d) Delegation to transparency in the Congress,
administrative bodies. particularly in the financial
➔ The Congress delegates the and business interests of its
so-called "power of members, in order for the
subordinate legislation" to legislature to be aware of a
administrative bodies. "potential conflict of interest."
➔ Due to the growing complexity ➔ Potential conflict of interest
of modern society, it has happens when a legislator
become necessary to allow derives financial advantage
specialized administrative from a law which he legislates
bodies to promulgate or was legislated during his
supplementary rules, so that term and the body was not
they can deal with technical notified of such conflict. It
problems with more expertise constitutes betrayal of public
and dispatch than the trust in that the personal
Congress or the courts. interest of the legislator is
➔ Regulations or supplementary placed over that of the public.
rules passed by the Note however that the
administrative bodies are legislator can still propose a
intended to fill-in the gaps and law even if there is a potential
provide details to what is conflict of interest for as long
otherwise a broad statute as he has notified the body
passed by Congress. For the about it. The purpose
rules and regulations to be therefore of this requirement
valid and binding, they must is to allow the House to better
be in accordance with the examine the legislation
statute on which they are vis-à-vis the legislator.
based, complete in 2. Incompatible Office
themselves, and fix sufficient ➔ In keeping with doctrine of
standards. If any of the separation of powers, the
requirements is not satisfied, Constitution provides that "no
the regulation will not be Senator or Member of the
allowed to affect private House of Representatives may
rights; and hold any other office or
(e) Delegation to the local employment in the
governments. Government, or any
➔ This delegation is based on subdivision, agency, or
the principle that the local instrumentality thereof,
government is in a better including government-owned
position than the national or controlled corporations or
government to act on purely their subsidiaries, during his
local concerns. Legislative term without forfeiting his
power is therefore given to seat."
them for effective local ➔ This disqualification refers to
legislation. the "incompatible office"
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which is any other office in the shall have an Electoral

government that if held by a Tribunal.
member of the Congress ◆ Each Electoral Tribunal shall
would result in the forfeiture be the sole judge of all
of his seat in the Congress. contests relating to the
The provision allows a election, returns, and
member to hold an qualifications of their
incompatible office but the respective Members.
result is the automatic ◆ Each shall be composed of
forfeiture of his seat. For nine members, three are
example, if during the term of Justices of the Supreme Court,
Senator Pedro he becomes the and six are members of the
head of a government-owned Senate or the House of
and controlled corporation, he Representatives, as the case
will no longer be Senator may be. The Chairman shall be
because of the automatic the senior Justice. While the
forfeiture, the GOCC being an member Justices are
incompatible office. designated by the Chief
3. Forbidden Office Justice of the Supreme Court,
➔ Another disqualification the six other legislator
involves the so-called members are chosen on the
"forbidden offices" or offices basis of proportional
which have been created or representation from political
the emoluments of which were parties and party-list
increased while the legislator organizations (duly registered
was a member of the under the party-list system) in
Congress. The purpose of this the Congress.
disqualification is to prevent ◆ Thus, if there is a contest, for
legislators to create an office instance, involving the
or to increase its emoluments qualifications of Congressman
for personal gain. Juan, the case shall be
➔ Pursuant to this decided by the House of
disqualification, a Senator, for Representatives Electoral
example, cannot be appointed Tribunal which is the sole
to a civil or military office judge of election contests
which was created while he involving the Members of the
was still a senator. The House of Representatives.
disqualification lasts for the ➔ Commission on Appointments
entire six-year term even if ◆ Another independent body in
the member resigns before the the Congress is the
end of his term. Commission on Appointments
which was created to check
INDEPENDENT BODIES the appointing power of the
➔ Electoral Tribunal President, specifically in
◆ To ensure fairness and appointments to important
impartiality in deciding offices in the government.
election contests involving ◆ It consists of twenty five
members of the Congress, members: the Senate
each House in the Congress President, as ex officio
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Chairman, twelve Senators, because it has power over the

and twelve Members of the money used in the war.
House of Representatives. The 2. Legislative Inquiries
Senators and Members of the ➔ The Congress also conducts
House are elected by their legislative inquiries which
respective Houses based on power is necessarily implied in
proportional representation its power to legislate.
from the political parties and Legislative inquiry is a process
party-list organizations (duly held in the Congress
registered under the party list especially conducted to
system) in the Congress. compulsorily obtain requisite
◆ The function of the information from witnesses in
Commission is to approve or aid of legislation. The process
disapprove the nominations and the requisite information
submitted to it by the taken are necessary to
President to appointments legislate wisely and
that require its approval. For effectively.
example, before a Cabinet ➔ The Constitution provides
Member may be appointed, limitations, to wit: (1) the
the President must first inquiries must be in aid of
submit his nomination for legislation; (2) it must be in
approval to the Commission on accordance with the duly
Appointments. With the published rules of procedure
approval, there could be no of the Congress; and (3) the
appointment. rights of persons appearing
shall be respected.
NON-LEGISLATIVE AND OTHER 3. Question Hour
POWERS OF CONGRESS ➔ Inquiries may also be
1. Power to Declare the Existence conducted to obtain
of War information from the heads of
➔ Section 23 (1), Article VI states departments on matters
that "the Congress, by a vote pertaining to how laws are
of two-thirds of both Houses in implemented. This is called
a joint session assembled, the question hour.
voting separately, shall have ➔ The manner of obtaining
the sole power to declare the information, however, is not
existence of a state of war." compulsory because of the
➔ This means that when the doctrine of separation of
Philippines is under attack by powers. The heads of the
foreign invaders, the departments are alter egos of
Congress, by means of the President; to maintain the
enacting a law, affirms that co-equality of the executive
the Philippines is already at and legislative branch, either
war with the enemy. War is not House of Congress may only
solely controlled by the request for the appearance of
President who is the the department heads.
commander in chief of the ➔ Conversely, the department
military; it is likewise heads may appear but the
controlled by the legislature Congress is not obliged to
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hear them. Question hour is Constitution does not prescribe

different from Legislative any educational, academic, or
inquiry in that appearance in literacy qualification except only
the former is not compulsory, the ability to read and write (not
while appearance in the latter necessarily in English), in line
is compulsory; information with the egalitarian objectives of
derived in the former is in our democratic society.
exercise of "oversight,
functions," while informative ELECTION OF THE PRESIDENT AND
derived in the latter is in aid of VICE-PRESIDENT
legislation; and the former is ➔ System of direct voting
not among the traditional ◆ System of direct popular
processes of a presidential election
government, while the latter is ➔ Election by Congress in case of a
an inherent legislative power tie
under a presidential ◆ In case of a tie,
government. ◆ Majority of all the votes of
Congress in session
The Executive Branch assembled
➔ The Vice-President is elected
➔ SECTION 1. The executive power with and in the same manner as
shall be vested in the President the President.
of the Philippines. ➔ Unless otherwise provided by
➔ Executive power- has been law, the regular election for
defined as the power to President and Vice President
administer the laws shall be held on the second
QUALIFICATIONS OF THE Monday of May.
PRESIDENT TERM OF OFFICE OF THE
➔ He is a natural-born citizen of the PRESIDENT
Philippines; ➔ The President and Vice-President
➔ He is a registered voter; enjoy security of tenure. The
➔ He is able to read and write; term of office is six (6) years
➔ He is at least forty (40) years of "which shall begin at noon on the
age on the day of the election 30th day of June following the
(not for proclamation or day of the election and shall end
assumption of office) for at noon of the same date six (6)
President; and years thereafter."
➔ He is a resident of the Philippines ➔ The President-elect and
for at least ten (10) years Vice-President elect shall
immediately preceding such assume office at the beginning of
election. their terms.
QUALIFICATIONS OF THE VICE REELECTION OF THE PRESIDENT
PRESIDENT AND VICE-PRESIDENT
➔ The Vice-President must have ➔ The President is not eligible for
the same qualifications as the any reelection. But they may be
President. (Sec.3) The elected to a lower position.
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➔ In the case of the Vice-President, ➔ Before assumption

he cannot serve for more than ◆ The Senate President or, in
two (2) successive terms but he case of his inability, the
is still eligible for election as Speaker of the House of
President. Representatives, shall act as
President until a President or
CLASSES OF PRESIDENTIAL Vice-President shall have
SUCCESSION been chosen and qualified
➔ Before assumption of office by ➔ After assumption
the President-elect at the time ◆ The Senate President or, in
fixed for the beginning of his case of his inability, the
term; and Speaker of the House of
➔ After assumption of office by the Representatives, shall act as
President-elect at the time fixed President in case of death,
for the beginning of his term. permanent disability, removal
from office, or resignation of
WHEN VICE PRESIDENT SHALL both President and
ACT AS PRESIDENT Vice-President until President
and Vice-President have been
➔ If the President-elect fails to
elected and qualified.
qualify; or
➔ Where Senate President and
➔ If a President shall not have been
Speaker are also unable to act as
chosen; or
President
➔ In case of temporary inability or
◆ Congress is mandated to
incapacity of the President to
provide by law for the case
discharge his powers and duties.
when both the Senate
*The Vice-President-elect shall act as President and the Speaker of
President until the President-elect the House of Representatives
shall have qualified, or a President are also unable to act as
shall have been chosen and qualified, President, or for the case of
or the disability shall have terminated. death, permanent disability or
resignation of the acting
WHEN VICE PRESIDENT SHALL President, including the
BECOME PRESIDENT manner of his selection, until
➔ If at the beginning of the term of the President or Vice
the President, the President shall have been
President-elect shall have died or elected or qualified.
shall have become permanently VACANCY IN THE OFFICE OF THE
disabled; or VICE-PRESIDENT
➔ After assumption of office, in the
case of death, permanent ➔ In case a permanent vacancy
disability, removal from office, or occurs in the office of the
resignation of the President, in Vice-President during the term
which case the Vice-President for which he was elected, the
shall serve the unexpired term. President shall nominate a
Vice-President from among the
WHEN THERE ARE NO PRESIDENT members of the Senate and the
AND VICE-PRESIDENT House of Representatives.
➔ The nomination is subject to
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confirmation by a majority vote presidential in capacity

of both Houses of Congress,
voting separately. DISABILITIES OF THE PRESIDENT,
➔ The nominee shall assume office VICE-PRESIDENT, MEMBERS OF
upon such confirmation. THE CABINET, AND THEIR
DEPUTIES AND ASSISTANTS
VACANCY IN THE OFFICE OF BOTH
THE PRESIDENT AND ➔ Prohibitions during their tenure
VICE-PRESIDENT a. They shall not hold any other
office or employment unless
➔ Special election otherwise provided in
◆ The Congress shall convene theConstitution b.)
and enact a law calling for a b. They shall not practice any
special election to elect a other profession
President President and c. They shall not participate
Vice-President directly or indirectly any
➔ Next Presidential election business
◆ No special election shall be d. They shall not be financially
called if the vacancy occurs interested in any contract or
within 18 months before the franchise
date of the next Presidential e. They shall strictly avoid
election conflict of interest
➔ Purpose of prohibitions
RULES IN CASE OF TEMPORARY
◆ To insure that the officials
DISABILITY OF THE PRESIDENT mentioned, particularly the
➔ Declaration by the President- President will devote their full
the President may transmit to time and attention to their
the Senate President and duties
Speaker of the House of ➔ Other officials are to similar
Representatives his written prohibitions
declaration that he is unable to ◆ Similar restrictions apply to
discharge the powers and duties the Members of Congress and
of his office. of the Constitutional
➔ Declaration by members of the Commissions and the
Cabinet- In case a majority of all Tanodbayan and his Deputies.
the members of the Cabinet ➔ They seek to stress the Principle
transmit such written that public office is a public
declaration, the Vice-President trust.
shall immediately assume the
NATURE OF POWER TO APPOINT
powers and duties of the Office
as Acting President ➔ The power of appointment is
➔ Decision by Congress in case of a intrinsically an executive
dispute- Incase of a dispute prerogative.
between the majority of all the ➔ The legislative has nothing to do
members of the Cabinet and the with designating the man to fill
President, Congress by a 2/3 an office.
vote of both Houses, voting ➔ The executive nature of
separately shall decide on the appointing power does not imply
existence and/or termination of that no appointment by Congress

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and the courts can be made. ➔ ad interim appointments- made

during a recess of Congress
OFFICIALS WHOSE APPOINTMENTS
ARE VESTED IN THE PRESIDENT REMOVAL POWER OF THE
PRESIDENT
➔ Under Section 16
◆ The heads of executive ➔ Extent of the President's power
departments, ambassadors, to remove
and other public ministers and ◆ With respect to officers
consuls; exercising purely executive
◆ Officers of the AFP from the functions whose tenure is not
rank of colonel or naval fixed by law
captain; ◆ With respect to officers
◆ Other officers whose exercising quasi legislative or
appointments are vested in quasi-judicial functions
the President by the ◆ With respect to constitutional
Constitution; officers removable only by
◆ All other officers of the means of impeachment and
Government whose judges of lower courts
appointments are not ◆ With respect to civil service
otherwise provided for by law; officers,
and
◆ Those whom he may be POWER OF CONTROL OVER ALL
authorized by law to appoint EXECUTIVE DEPARTMENTS,
such as the heads of BUREAUS, AND OFFICES
government-owned or ➔ Role of President as
controlled corporations, Administrator - as administrative
department undersecretaries, head, the duty of the President is
heads of bureaus and offices, to see to it that every
and other officials. department, bureau, and office
➔ Under other provisions under the executive branch is
◆ The President, under the managed and maintained
provisions of the Constitution properly by the person in charge
appoints the members of the of it in accordance with pertinent
Supreme Court and judges of laws and regulations
lower courts including the ➔ Powers giving control - there are
Sandiganbayan, the regular two factors that contribute to the
members of the Judicial and effective hold and control of the
Bar Council, the Chairman and President over all executive
the Commissioners of the CSC, departments, bureaus, and
COMELEC, COA, and the offices
Ombudsman and his Deputies. ◆ The power of appointment
*Commission on Human Rights ◆ The power of removal

KINDS OF PRESIDENTIAL POWER TO INSURE THAT THE

APPOINTMENTS LAWS BE FAITHFULLY EXECUTED

➔ Regular appointments- those ➔ Primary function of the

made during the sessions of President- as the executive in
Congress whom the power is vested. The
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primary function of the President POWER TO SUSPEND PRIVILEGE

is to enforce the laws. OF WRIT OF HABEAS CORPUS
➔ More of a mandatory duty than a
power- the function of the ➔ Two conditions are necessary in
President to see that the laws are order that the President may
faithfully executed is more of a suspend the privilege of the writ:
duty than a power. It is his ◆ There must be invasion or
mandatory duty to enforce the rebellion; and
laws of the land regardless of his ◆ The public safety must require
opinion about their wisdom, the suspension
advisability, or validity. MEANING OF MARTIAL LAW
MILITARY POWER OF THE ➔ In its strict sense, it is that law
PRESIDENT which has application when the
➔ Powers to meet emergency military arm does not supersede
situations civil authority but is called upon
◆ To call out the armed forces to to aid it in the execution of its
prevent or suppress lawless vital functions. The constitution
violence, meet the threat of refers to this meaning of martial
invasion, or quell rebellion law
◆ To suspend the privilege of the POWER TO DECLARE MARTIAL
writ of the habeas corpus; and LAW
◆ To declare martial law
➔ Commander-in-Chief of the ➔ The power to proclaim martial
Armed Forces- he is authorized, law includes the power to make
whenever it becomes necessary, all needful rules and regulations
to call out such armed forces to with the force of law until the
prevent or suppress lawless termination of martial rule.
violence, meet the threat of ➔ The president may place under
invasion, or quell rebellion martial law the whole country or
only a part thereof.
POWERS OF PRESIDENT AS ➔ This power is resorted to only
COMMANDER-IN-CHIEF OF THE when the emergency situation
ARMED FORCES requires the taking of stronger
measures for ensuring the safety
➔ As Commander-in-Chief, the
of the nation.
President has control of the
military organization and EFFECTS OF MARTIAL LAW
personnel whether in peace time
or in war time ➔ Operation of the Constitution – It
➔ In the event of war, the President, does not suspend the operation
normally, would delegate the of the Constitution. The
actual command of the armed declaration does not mean that
forces to his military experts. But the military authorities will take
the ultimate command belongs to reign of the government
him ➔ Functions of the civil courts and
legislative assemblies- it does
not supplant the functioning of
the civil courts or legislative

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assemblies. Martial law is becomes effective when made;

declared merely to assist the and
civil government, not supplant it. ➔ Conditional – when it is given
➔ Jurisdiction of military courts subject to any condition or
and agencies- under martial law, qualification the President may
for instance, a person may not be see fit. It must be accepted by
arrested and detained the offender to become effective
indefinitely without court orders.
When martial law is declared, AUTHORITY TO CONTRACT AND
civil authorities are not GUARANTEE FOREIGN LOANS
superseded by military ➔ Exclusive executive function –
authorities. Nor are civil laws the President may contract
suspended. foreign loans on behalf of the
➔ Privilege of the writ of habeas Republic of the Philippines
corpus- it does not automatically without the need of prior
suspend the privilege of the writ congressional approval. There is
of habeas corpus possibly no official better
PARDONING POWER qualified to enter into such
negotiation than the President.
➔ Meaning of Pardon has been ➔ Concurrence of the Monetary
defined as an act of grace Board required – the authority of
proceeding from the power the President is not absolute. The
entrusted with the execution of contact or guarantee must be
laws (President) which exempts with the prior concurrence of the
the individual on whom it is Monetary Board of the Central
bestowed, from the punishment Bank, now, Bangko Sentral ng
the law inflicts for a crime he has Pilipinas which is required to
committed. make a report to Congress
➔ This power cannot be taken away containing the matters
from him nor can the exercise mentioned
thereof be subject to limitations ➔ Checks by Congress
or conditions beyond those ➔ Reasons
provided by the Constitution. ◆ The loans urgently needed by
Neither may the courts inquire the country may no longer be
into the wisdom or available when concurrence
reasonableness of any pardon which usually takes some time
granted by the President. is finally obtained
➔ His discretion is absolute. ◆ An obstructionist Congress
➔ The pardoning power extends to could withhold approval for
all offenses, including criminal political reasons
contempt. It does not give the ➔ However, as a check on executive
President the power to exempt, power, Congress may, by law,
except from punishment, anyone place limitations on its exercise
from the law. and make the necessary
investigations in aid of legislation
KINDS OF PARDON
if it believes that the borrowing
➔ Absolute – when it is not subject based on the Monetary Board
to any condition whatsoever. It report is not justified.

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BUDGETARY POWER OF THE ● It provides a representation

PRESIDENT for both regional and
national interests;
➔ The President is entrusted by the ● Less susceptible to bribery
Constitution with the task of and control of big interests;
preparing the budget of receipts
● It has been tested and
and expenditures based on
proven in the crucible of
existing and proposed revenue
human experience
measures and other sources of
◆ Disadvantages
financing and of submitting it to
● Has not worked out as an
Congress within 30 days from the
fiscalizing machinery;
opening of each regular session.
● No assurance of better
considered and deliberated
The Legislative Branch legislations
● Produces duplication of
LEGISLATIVE DEPARTMENT efforts and serious
➔ Legislature deadlocks
◆ Law-making body of a political ● More expensive to maintain
unit, usually a national all things being equal;
government, that has power to ● The prohibitive costs of
enact, amend, and repeal senatorial elections have
public policy made it possible for only
◆ Laws enacted – legislations wealthy individuals to make
◆ Members – legislators it to the Senate
➔ Legislative Power ➔ The Senate
◆ Essentially the authority ◆ Composition and election
under the Constitution to ● Upper chamber
make laws and subsequently, ● 24 Senators
when the need arises, to alter ● Nationwide election – 2nd
and repeal them Monday of May
◆ To prescribe general rules for ◆ Term of office
the government ● 6 years
◆ Shall be vested in the ● Noon on the 30th of June
Congress of the Philippines ◆ Qualifications
➔ Congress of the Philippines ● A natural-born citizen of
◆ Shall consist of a Senate and a the Philippines
House of Representatives ● At least 35 years of age on
➔ Bicameralism the day of the election (i.e.,
◆ Divided into two separate day of the balloting)
assemblies, chambers, or ● Able to read and write
houses ● A registered voter
◆ Advantages ● A resident of the
● A second chamber (Senate) Philippines for not less than
is necessary to serve as a 2 years immediately
check to hasty and preceding the day of the
ill-considered legislations; election
● It serves as a training ◆ Maximum Terms
ground for future leaders; ● Two consecutive terms
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➔ The House of Representatives promote the rise of

◆ Qualifications non-traditional political
● A natural-born citizen of parties and greater
the Philippines participation for various
● At least 25 years of age on interest groups –
the day of the election marginalized sectors
● Able to read and write ○ Promotes genuine
● Except for a party-list grassroots consultation
representative, a registered ○ Can help create a
voter in the district in which healthy and robust
shall be elected democracy
● A resident of thereof for a ➔ Sessions
period not less than 1 year ◆ Regular Session
preceding the day of the ● Shall convene once every
election year on the 4th Monday of
◆ Maximum Terms July
● Three consecutive terms ○ shall end not later than
30 days before the
◆ Party-list Representation opening of the next
● Aim regular session for the
○ To attain the broadest succeeding year
possible representation exclusive of Saturdays,
of all interests in its law Sundays and legal
and policy-making body holidays
○ To give opportunity to ◆ Special Session
the various social, ● When the President calls
economic, cultural, Congress to session such
geographical, and other subjects or legislations as
groups or sectors of our he may designate during
society to have their the time that it is in recess
voices heard in Congress ◆ Executive Session
● Appointment/Selection ● Secret meetings of
○ 20% (1:4) = 50 members Congress or any of its
○ People will not vote for committees
individual party ◆ Closed Session
nominees but for only ● Held if the issue to be
one party-list discussed involves national
○ ½ of party-list seats shall security
be filled by selection i.e. ➔ Quorum
appointment or election, ◆ The number that makes a
from different sectors lawful body and gives it power
except the religious to pass a law or ordinance or
sector do any other valid corporate
● Need act
○ It is almost impossible ◆ Ordinarily, at least ½ plus 1 of
for, say a farmer, laborer the members of a body
or public school teacher, ◆ Basis
to win in an election ● “a majority of each house”
○ Constitutional aim – to
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● Not the number of all the bills of local application, and

members private bills, although the
○ Members suspended or Senate may propose or concur
otherwise prevented with amendments.
from participating in the ◆ First Reading
functions of either House ● The principal author of the
or who for the time being bill may propose the
may be outside of the inclusion of additional
Philippines and on whom authors thereof.
Congress has, therefore, ● Bill is read by its number
no coercive power to and title and the
enforce its authority and name/names of the author
command, should not be ○ E.g.
counted ○ Senate Bill No. 3593
➔ Adjournment in absence of ○ NO-COLLATERAL,
Quorum LOW-INTEREST LOANS
◆ Smaller number TO GRADUATES (TESDA)
◆ May adjourn from day to day ○ By Escudero, Francis
and may compel the "Chiz" G.
attendance of absent ◆ Referral to appropriate
members in such manner, and committee
under penalties, as such house ● Bill is referred to the proper
may provide committee/s for study and
● Punish members for consideration.
disorderly behavior ● May conduct hearings and
● Suspend a member consultation meetings.
○ Concurrence of 2/3 of all ● Then approves the bill with
its members or without amendments or
○ Shall not exceed 60 days recommends substitution
➔ Legislative process or consolidation with
◆ law making similar bills filed.
◆ a series of steps that a ● If disapproved, the bill dies
legislative body takes to a natural death.
evaluate, amend, and vote on ◆ Debates
proposed legislation ● A general debate is then
➔ How a Bill becomes a Law opened and a sponsorship
◆ A bill is introduced by any speech of the author.
Member of the Senate or the ● Amendments may be
House of Representatives by proposed.
filing it with the Office of the ● The insertion of
Secretary where it is changes/amendments shall
calendared for the First be done in accordance with
Reading. Some bills, however, the rules of House.
must originate exclusively ● The House may either “kill”
from the House of or pass the bill through
Representatives, such as the voting.
appropriation, revenue or ● If approved, it shall be
tariff bills, bills authorizing included in the calendar of
increase of the public debt,
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bills for Third Reading. approval or disapproval,

◆ Printing and Distribution that is, he either signs it
● The bill is then ordered into law or vetoes and
printed in its final form sends it back with his veto
● Copies of it are distributed message.
among the members of the ● Within 30 days, if the
House, three days before its President does not
passage communicate his veto of
◆ Third Reading any bill to the house where
● Only the title of the bill is it originated, it shall
read on the floor. become a law as if he
● No amendment thereto is signed it.
allowed and a roll call or ◆ Reconsideration
nominal voting is called and ● If the President vetoes, he
a Member, if he desires, is then sends it back to the
given three minutes to House where it originated:
explain his vote. A member ● The House shall proceed to
may abstain. reconsider it.
● A majority of the members ● If 2/3 of the members
constituting a quorum is agree to pass the bill, it
sufficient to pass a bill. shall be sent, together with
◆ Referral to the other House the objections to the other
● The bill is then referred to House by which it shall
the other House where likewise be reconsidered,
substantially the same and if approved, by 2/3 of
procedure takes place. all that members of that
● If it approved the bill House, it shall become a
without law.
changes/amendments, the ➔ Veto Power of the President
final version is signed by ◆ Veto
the Senate President and ● Latin term for “I forbid” or
the Speaker of the H of R “deny”
◆ Submission to joint bicameral ● Power to disapprove acts
committee passed by Congress.
● Difference, if any, between ◆ Veto message
the House’s bill and the ● Explains his objections to
Senate’s amended version, the bill
and vice versa are ◆ Purpose of veto
submitted to a conference ● To enable the executive
committee of members of department to protect its
both Houses to reconcile integrity as an equal
conflicting provisions. branch of the government
◆ Submission to the President and thus maintain an
● A bill approved on third equilibrium of
reading by both Houses governmental powers.
shall be printed and ● To provide a check on
forthwith transmitted to the hasty, corrupt, or
President for his action - ill-considered legislation.

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➔ Parliamentary Immunities body considers that his

◆ Freedom from Arrest words and conduct are
● Every member is entitled to disorderly and
the privilege from arrest unbecoming of a
while in session, regular or member thereof.
special ➔ Legislative Powers
● Aim ◆ Initiation and holding of
○ To enable members to impeachments (Art. XI, Sec. 3)
discharge their functions ● House of Representatives
adequately and without ○ Initiate
fear ○ At least 1/3 votes –
● Cannot be invoked verification of complaint
○ The offense made is ● Senate
punishable by more than ○ Try and decide
6 years imprisonment ○ Concurrence of 2/3 –
○ The Congress is no conviction
longer in session ◆ Acting as a Constituent
◆ Freedom from being Assembly (Art. XVII, Sec. 1)
questioned for speech and ● May propose any
debate amendment to, or revision
● Shall not be questioned nor of the Constitution
be held liable in any other ○ Upon a vote of ¾ of all
places for any speech or its members, voting
debate “in the Congress or separately
in any committee thereof.” ◆ Declaration of existence of
● Immunity from libel and War (Art. VI, Sec. 23)
slander ● A vote 2/3 of both houses
● Aim in joint session assembled
○ For the benefit of the ◆ Deciding election cases
people, be enabling their involving its members through
representatives to Electoral Tribunal (Art. VI, Sec.
discharge the functions 17)
of their office without ● Created in each house (SET
fear of prosecution and HRET - composed of 9
● Cannot be claimed members
○ The member is not ○ 3 Justices of the
acting as a member of Supreme Court
congress, for he is not designated by the Chief
entitled to any privileges Justice
above his fellow citizens; ○ 6 member of the Senate
nor are the rights of the or the H of R
people affected if he is ● Exclusive jurisdiction over
placed on the same all contests relating to the
ground on which his election, returns, and
constituents stand. qualifications of their
○ The member is being respective members
questioned in Congress ◆ Approval of Presidential
itself, whenever said appointments through the

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Commission on Appointments actual controversies involving

(Art. VI, Sec. 18) rights which are legally
● Composed of 25 members demandable and enforceable
○ President of the Senate – (Art. VIII Sec. 1 (2)
ex officio chairman ➔ The judiciary enjoys fiscal
○ 12 Senators autonomy. Its appropriation may
○ 12 members of H of R not be reduced by the
● To approve or disapprove Legislature below the
on all such appointments by appropriated amount the
a majority vote of all the previous year (Art. VIII, sec. 2).
members except the
Chairman within 30 session
days of Congress from
submission

The Judicial Branch

➔ Judiciary (also known as the
judicial system or 'court system')
is the system of courts that
interprets and applies the law in
the name of the state. The SUPREME COURT OF THE
judiciary also provides a PHILIPPINES
mechanism for the resolution of
disputes. Under the doctrine of
the separation of powers,
➔ the judiciary generally does not
make law (that is, in a plenary
fashion, which is the
responsibility of the legislature)
or enforce law (which is the SUPREME COURT OF THE
responsibility of the executive), PHILIPPINES - Kataastaasang
➔ but rather interprets law and Hukuman ng Pilipinas
applies it to the facts of each
case. This branch of the state is ➔ The highest court in the
often tasked with ensuring equal Philippines. It has an
justice under law. It usually administrative supervision over
consists of a court of final appeal all courts and the personnel.
(called the "Supreme court" or ➔ The court consists of 14
"Constitutional court"), together associate justices and 1 Chief
with lower courts. Justice. • The powers of the
Supreme Court are defined in
JUDICIAL DEPARTMENT Article VIII of the 1987
➔ Judicial power rests with the Constitution.
Supreme Court and the lower ➔ These functions may be
courts, as established by law generally divided into two-
(Art. VIII, sec. 1 of the 1987 judicial functions and
Constitution). Its duty is to settle administrative functions

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➔ The administrative functions of SANDIGANBAYAN

the Court pertain to the
supervision and control over the
Philippine judiciary and its
employees, as well as over
members of the Philippine bar.
➔ The Court is further authorized
to promulgate the rules for
admission to the practice of law,
for legal assistance to the
underprivileged, and the SANDIGANBAYAN - the people's
procedural rules to be observed advocate
in all courts.
➔ The Sandiganbayan is a special
COURT OF APPEALS court which was established
under Presidential Decree No.
1606. Its rank is equivalent to the
Court of Appeals.
➔ The SB or Sandiganbayan tries
and decides criminal and civil
cases against government
officials and employees accused
➔ Hukuman ng Paghahabol ng of graft and corruption and
Pilipinas is the Philippines' similar other cases.
second-highest judicial court, ➔ The Sandiganbayan shall sit in
just after the Supreme Court. The five (5) divisions of three justices
court consists of 68 Associate each. The five (5) may sit at the
Justices and 1 Presiding Justice. same time. The first three
➔ The Court of Appeals was divisions shall be stationed in the
established under Batas Metro Manila area, the fourth
Pambansa Bilang 129 known as division shall be in Cebu City for
"The Judiciary Reorganization cases coming from the Visayas
Act of 1980". The Court is region, and the fifth division shall
composed of one Presiding be in Cagayan de Oro City for
Justice and sixty eight (68) cases coming from the Mindanao
Associate Justices. They are all region.
appointed by the President. The ➔ THE OMBUDSMAN ACT OF 1989
Court sits by divisions, each Republic Act No. 6770
division being composed of three ➔ Philippine Laws Against Graft
members. The Court may sit en and Corruption
banc for the purpose of ◆ Sec. 2. Declaration of Policy.
exercising administrative, The State shall maintain
ceremonial or other honesty and integrity in the
non-adjudicatory functions. public service and take
positive and effective
measures against graft and
corruption.
➔ Public office is a public trust and
must at all times be accountable

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to the people, serve them with REGIONAL TRIAL COURTS

utmost responsibility, integrity,
loyalty, efficiency, act with ➔ Regional Trial Courts were
patriotism and justice and lead established among the thirteen
modest lives. regions in the Philippines
consisting of Regions I to XII and
COURT OF TAX APPEALS the National Capital Region
(NCR). There are as many
Regional Trial Courts in each
region as the law mandates.
Regional Trial Courts shall
exercise exclusive original
jurisdiction in all criminal cases
not within the exclusive
jurisdiction of any court, tribunal
or body, except those now falling
➔ Hukuman ng Paghahabol ng under the exclusive and
Buwis ng Pilipinas concurrent jurisdiction of the
➔ is the special court of limited Sandiganbayan which shall
jurisdiction, and has the same hereafter be exclusively taken
level with the Court of Appeals. cognizance of by the latter. RTC
The court consists of 8 Associate Criminal Courts typically try
Justices and 1 Presiding Justice. cases of serious crimes like
➔ Previously, only decision, murder and robbery, as opposed
judgment, ruling or inaction of to petty crimes, which reduce the
the Commissioner of Internal burden of court cases.
Revenue, the Commissioner of
Customs, the Secretary of MUNICIPAL TRIAL COURTS
Finance, the Secretary of Trade
➔ PROCEDURE IN THE MUNICIPAL
and Industry, or the Secretary of
TRIAL COURTS [CRIMINAL]
Agriculture, involving the
RULE 123 - PROCEDURE IN THE
National Internal Revenue Code
MUNICIPAL TRIAL COURTS
and the Tariff and Customs Code
➔ Section 1. Uniform Procedure.
on civil matters are appealable to
The procedure to be observed in
the Court of Tax Appeals.
the Metropolitan Trial Courts,
➔ The expanded jurisdiction
Municipal Trial Courts and
transferred to the CTA the
Municipal Circuit Trial Courts
jurisdiction of the Regional Trial
shall be the same as in the
Courts and the Court of Appeals
Regional Trial Courts, except (a)
over matters involving criminal
where a particular provision
violation and collection of
expressly or impliedly applies
revenues under the National
only to either of said courts; and
Internal Revenue Code and Tariff
(b) in criminal cases governed by
and Customs Code. In addition, it
the Rule on Summary Procedure
also acquired jurisdiction over
in Special Cases adopted on
cases involving local and real
August 1, 1983, namely, (1)
property taxes which used to be
Violations of traffic laws, rules
with the Regional Trial Court and
and regulations; (2) Violations of
the Court of Appeals.
the rental law; (3) Violations of
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MS. CHRISTINE MAGBANUA || SEM 01 2022

municipal or city ordinances; and Trial Court. It is referred to as

(4) All other criminal cases such if it covers only one
where the penalty prescribed by municipality; otherwise, it is
law for the offense charged does called Municipal Circuit Trial
not exceed six months Court if it covers two or more
imprisonment, or a fine of one municipalities.
thousand pesos (P1,000.00) or
both irrespective of other SHARI’A DISTRICT COURTS AND
imposable penalties, accessory SHARI’A CIRCUIT COURTS
or otherwise, or of the civil
liability arising therefrom;
Provided, however, that in
offenses involving damage to
property through criminal
negligence, said Rule shall
govern where the imposable fine
does not exceed ten thousand
pesos (P10.0000.00)
➔ Every municipality in the
Philippines has its own Municipal SHARI’A DISTRICT COURTS
Trial Court. It is referred to as ➔ Equivalent to the Regional Trial
such if it covers only one Courts in rank are the Shari'a
municipality; otherwise, it is District Courts which were
called Municipal Circuit Trial established in certain specified
Court if it covers two or more provinces in Mindanao where the
municipalities. Code of Muslim Personal Laws of
METROPOLITAN TRIAL COURT the Philippines is being enforced.
There are five Shari'a District
➔ Municipal Trial Courts in the Courts and fifty one Shari'a
towns and cities in the Circuit Courts in existence.
Metropolitan Manila area, as ➔ A Shari'a District Court is of
distinguished from the other limited jurisdiction. It was
political subdivisions in the created under Presidential
Philippines, are referred to as Decree No. 1083. Cases falling
Metropolitan Trial Courts. within the exclusive jurisdiction
➔ In cities outside Metropolitan of the Shari'a District Courts
Manila, the equivalent of the primarily pertain to family rights
Municipal Trial Courts are and duties as well as contractual
referred to as Municipal Trial relations of Filipino Muslims in
Courts in Cities. the Mindanao.
➔ The Shari'a District Court has
MUNICIPAL CIRCUIT TRIAL COURT
appellate jurisdiction over all
➔ Municipal Circuit Trial Courts are cases tried in the Shari'a Circuit
judicial courts of the Philippine Courts within their territorial
Judicial System which covers two jurisdiction.
or more municipalities in the ➔ It shall decide every case on the
country. Every municipality in the basis of the evidence and the
Philippines has its own Municipal records transmitted as well as
such memoranda, briefs or oral
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 POLGOV
MS. CHRISTINE MAGBANUA || SEM 01 2022

arguments as the parties may g. Restitution of marital

submit. rights.
➔ The decisions of the Shari'a
3. All cases involving disputes
District Courts, whether on
relative to communal properties.
appeal from the Shari'a Circuit
Courts or not, shall be final. The APPOINTMENTS TO THE
Supreme Court shall, however, JUDICIARY
continue to exercise original and
appellate jurisdiction over ➔ Under the present Constitution,
certain issues as provided by the appointments to the judiciary are
Constitution. made by the President of the
Philippines on the basis of a list
THE SHARI’A CIRCUIT COURTS submitted by the Judicial and
➔ Equivalent to the Municipal Bar Council (by virtue of Art. VIII,
Circuit Trial Courts are the Sec. 8). The JBC is under the
Shari'a Circuit Courts which were supervision of the Supreme
established in certain Court. Its principal function is to
municipalities in Mindanao where screen prospective appointees to
the Code of Muslim Personal any judicial post. The Judicial
Laws of the Philippines is being and Bar Council promulgated its
enforced. Rules (JBC-009) on October 31,
➔ There are five Shari'a Circuit 2000. It is composed of the Chief
Courts and fifty one Shari'a Justice as ex-officio Chairman,
Circuit Courts in existence. the Secretary of Justice and
➔ A Shari'a Circuit Court has representatives of Congress as
original jurisdiction over the ex-officio members, a
following: representative of the Integrated
1. All cases involving offenses Bar, a professor of law, a retired
defined and punished under member of the Supreme Court
Presidential Decree No. 1083: and a representative of the
2. All civil actions and private sector as members.
proceedings between parties GUIDELINES AND QUALIFICATIONS
who are Muslims or have been FOR APPOINTMENT IN THE
married in accordance with JUDICIARY
Article 13 of Presidential
Decree No. 1083 involving ➔ Members of the Supreme Court,
disputes relating to: Court of Appeals, Court of Tax
a. Marriage; Appeals
b. Divorce recognized under ◆ Natural-born citizen of the
Presidential Decree No. Philippines; At least 40 years
1083; old;
c. Betrothal or breach of ◆ At least 15 years of practice as
contract to marry: a judge of a lower court; or At
d. Customary dowry (mahr); least
e. Disposition and distribution ◆ 15 years of law practice in the
of property upon divorce; Philippines.
f. Maintenance and support, ➔ Members of the Sandiganbayan
and concolotary ◆ Natural-born citizen of the
gifts(mut'a); and Philippines;
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 POLGOV
MS. CHRISTINE MAGBANUA || SEM 01 2022

◆ At least 40 years old; APPOINTMENTS TO THE

◆ At least 10 years of practice as JUDICIARY
a judge of a court of record; or
At least 10 years of law
practice in the Philippines; or
At least 10 years holding an
office requiring admission to
the bar as a prerequisite.
CONST.
➔ Judges of the Regional Trial
Courts*
◆ Natural-born citizen of the
Philippines;
CHIEF JUSTICE ALEXANDER G.
◆ At least 35 years old;
GESMUNDO
◆ At least 10 years of law
practice in the Philippines; or ➔ He was appointed to the
At least 10 years holding an Supreme Court as Associate
office requiring admission to Justice on August 14, 2017, and
the bar as a prerequisite. later as the 27th Chief Justice of
➔ Judges of the First Level the Philippines onApril 5, 2021.
Courts**
◆ Natural-born citizen of the THE 1987 CONSTITUTION OF THE
Philippines; REPUBLIC OF THE PHILIPPINES
◆ At least 30 years old: PREAMBLE
◆ At least 5 years of law practice
in the Philippines; or At least 5 We, the sovereign Filipino people,
years holding an office imploring the aid of Almighty God, in
requiring admission to the bar order to build a just and humane
as a prerequisite society, and establish a Government
➔ Judges of Shari'a District Courts* that shall embody our ideals and
◆ Natural-born citizen of the aspirations, promote the common
Philippines; good, conserve and develop our
◆ At least 35 years old; patrimony, and secure to ourselves and
◆ At least 10 years of law our posterity, the blessings of
practice in the Philippines; or independence and democracy under
At least 10 years holding an the rule of law and a regime of truth,
office requiring admission to justice, freedom, love, equality, and
the bar as a prerequisite. peace, do ordain and promulgate this
◆ Must be learned in the Islamic Constitution.
Law and jurisprudence.
➔ Judges of Shari'a Circuit
Courts**
◆ Natural-born citizen of the
Philippines;
◆ At least 25 years old;
◆ Passed an examination on the
Shari'a and Islamic
Jurisprudence given by the
Supreme Court
28