Constitution of Government

The three Branches of the Philippine Government

Legislative branch- is for the making of laws

Judiciary- interprets the law in case of conflict

Executive branches- is for the enforcement or the implementation of law

Sec.1,Art. VII: The executive power shall be vested in the President of the Philippines.

Sec.2,Art. VII: No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the election and a resident of the Philippines for at least ten years immediately preceding such elections.

The Executive Department

Filipinos experience utter disregard of basic human rights for almost two decades of Marcos dictatorial regime. There were untold plunders of the government coffers. Abject poverty was in a stark contrast with a life-style befitting kings and queens in Malacañang Place and either governmental officer.

Anointment, “Star - ization” and Religious Manipulations

Church leaders are also lured to join politics. Despite the state policy on the separation of the church and the church, it is evident that the church has the great influence in the making of the Philippine presidents.

The President’s Term of Office

In the Philippine government, the Vice-president serves as a spare tire, ready to take over if the President dies, or becomes permanently disabled. At any rate, the President and the Vice-president should have the same qualifications and are elected at large by the people.

SuccessionDeath, disability or vacancy in the office of the President creates a vacuum and the Vice-president is a ready replacement.

1987 Constitution - Order of succession is provided in case vacancy occurs.

- Caused the lining up of replacements in case a series of vacancy occurs.

- Has built-in mechanism to prevent recurrence of the same or similar event.

- It came up with article III, sections 10 and 12.

Sec. 10: The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and Vice-president occurs, convene in accordance with its rule without need of a call and within seven days enact a law calling for a special election to elect a President and Vice-president to be held not earlier than forty-five days not later than sixty days from the time of such call.

Sec.11: Whenever the President transmits to the President of the Senate and the Speaker of the House of the Representatives his written declaration to the contrary, such powers and duties shall be discharge by the Vice-president as acting President.

Sec.12: In case of serious illness of the President, the public shall be informed of the state of his health.

The President’s Emergency Power

The President is the Commander-in-Chief of the armed forces of the Philippines. In case of invasion or rebellion or when public safety so requires, he has the power to suspend the privilege of habeas corpus or place the Philippines any part thereof under martial law.

The Pardoning Power of the President

The Supreme Court of the Philippines is the highest court of the land but the power to pardon lies in the hands of the President, who in accordance with law may grant reprieve, pardon communication, remit fines and forfeitures after conviction.

Impeachment under the Philippine ConstitutionImpeachment is the process of trying the President, Vice-president, Supreme Court members, Constitutional Commissioners and Ombudsman.

1987 Constitution- To initiate and try anyone of the aforementioned government officials is administratively difficult, if not impossible.

- Provisions are the factors that can make impeachment very difficult, if not impossible .

Summary of Processes and Constraints 1. Processes: 1.1 Who can initiate impeachment? a. member of the House of Representatives b. any citizen with Resolution of Support from the House of Representative.

1.2 The House in Session decides/includes impeachment in the Order of Business.

1.3 The House refers the impeachment process to a committee.1.4 The hearing and submission of Committee Report to the House itself.

1.5 The House calendars the Report.1.6 The Senate hears it.

Time Allowed2.1 at least three months in the House itself2.2 ten session days to include impeachment in the Order of Business

2.3 three session days to refer to the Committee

2.4 sixty session days for hearing and submission of the Committee Report

2.5 ten session days calendaring the Report for the consideration of the House

2.6 No time limit for the Senate to consider the Articles of Impeachment

Votes Required3.1 majority of all to submit report of impeachment complaint for the consideration of the House

3.2 one third(1/3)of all members of the House to submit Articles of Impeachment to the Senate

3.3two third(2/3)votes of all members of the Senate for conviction

Loopholes of the Law4.1 There is no time limit for the Senate in hearing impeachment cases.

4.2 The penalty for the impeached officials consists of disqualification from public and removal from office only

.4.3 No impeachment case may be filed against the same candidate with in the same year

The Legislative DepartmentCompositionThe legislative branch of government is known as the congress. It is bicameral in nature. I t is composed of the Senate and the House of Representatives.

Term of OfficeIs the number of years to be serve by the elective government officials as prescribed by law.

Tenure, on the other hand, Is the actual number of years served.

Senators and congressmen ComparedSenators maximum term of office cannot exceed (12) years where every term is equivalent to (6) years and limit for (2) consecutive terms.

Requirement/QualificationsResidence in the Philippines

Animus revertendi (the desire to return) is a doctrine laud down in Lim V. Pelaez Electoral case No.36.

Power and Functions of Legislative BranchThe Legislative branch of the Philippine

government has a general function to legislate, to enact to make or to frame, to repeat or to amend laws

The Non-Legislative Authority include1.The power to serve as electoral tribunal

2.The executive power to declare the existence of war

3.To occur or reject amnesty and treaties entered into by the President

4.To propose conditional amendments5.To undertake processes of impeachment.

On AppropriationArt.VI,Sec.24 and Sec.25 of the Philippine Constitution laid down the basis for executive power of congress in all matters concerning appropriation and other financial endeavors.

Approval of BillsThe rules on the approval on bills are found in article VI, Sec 27,providing as follows.Sec.27.(1). Every bill passed by the congress shall before it becomes a law, be presented to the president. if he approves the same, he shall sign it: otherwise he shall veto it return the same with his objections to the House where it originated, which shall enter the objections at large on its Journal and proceed to reconsider. If after such reconsideration ,two thirds of all members of such House shall agree to passed the bill, it shall be sent, together

with objections, to the other House, by which it shall likewise be reconsidered, and approve by two thirds of all the members of that House it shall became a law. In all such cases, the votes each House shall be determine by years or nays and the names of all member.

Voting for or against shall be entered in its originated within thirty days after the date of receipt thereof, otherwise it shall become a law as it had signed it.

(2).The President shall have the power to veto any particular item or items in an appropriation, revenue or tariff bill, but the veto shall not affect the item or items which he does not object.

The Conference Committee, “The Third Chamber of Congress”The “Bicam” or the Bicameral Conference Committee is composed of members of the House of Representatives and the Senate, where the proposal is referred to originality. This is also known as the “Third chamber of the congress.” “Bicam” reconciles differences between the two Houses but cannot add new provision to the bill pending before it.

Three Methods by which a Bill Becomes a Law1. When the President signs it.2. When the President vetoes it but id over hidden by two-thirds of all members of each House.

3. When the President does not act upon the measure within thirty days after it shall have been presented to him.

CONGRESSIONAL POWERS1. Electoral Tribunal --the sole judge of all contest relating to the election, returns, and qualification of their

respective members.2. Committee on Appointments --composed of 12 senators and 12 members of the House of Representatives. It passes upon appointees of the President. The Committee may either reject or confirm the President appointees. The President’s choices pass through a close scrutiny of the Commission on Appointments. Failing to meet the standard and expectations of this body, an appointee cannot stay in the poet he is appointed to.

3. As Investigative Body --The Blue Ribbon Committee conducts investigation concerning anomalies, graft, and corruption and erring government officials.

4. The Power of Concurrence --the President’s power to grant amnesty must be concurred in by majority of all members of the two houses.

5. Power to Declare the Existence of a State of War --the Presidents as Commander-in-Chief of all armed forces of the Philippines id empowered to be at the helm of troop movements, military tactics, measures and strategies.

6. The Congress as a Constituent Assembly --the Congress may also propose amendment/revision to the Philippine Constitution by a vote of ¾ of all its members.

7. The Sole Authority on Impeachment --the House of representatives has the exclusive power to initiate all cases of impeachment [Art. XI, Sec. 3(1). It begins the process by obtaining at least 1/3 vote of its members while the trial and conviction lie in the Senate which has the sole power to impeach an officer.

THE CONGRESS CHECKING THR EXECUTIVE POWER

The Congress does not want to see the making of another dictator . As a consequences, the 1987 Constitution established a built-in mechanism to counter the possibility of a chief executive perpetuating himself in power or arbitrarily declaring martial law or suspending the privilege of the writ habeas corpus.

1.Check on the Military of the President ---the President has the power to suspend the privilege of the writ habeas corpus and to declare martial law in part or in the entire Philippine islands.

2. Safeguarding the Validity of International Agreement ---On February 10, 1998, a treaty with the USA was concluded by the Executive Department Agreement under former president Fidel V. Ramos. The visiting forces agreement (VFA), the other version of the US-RP agreement on military bases was renegotiated.

3. The Non-Pocket Veto ---in the process of legislation, the President is required to act upon the bill presented to him for his approval. If neither approves or disapproves the bill passed to him, after 30 days, the bill is deemed approved.

4. Overriding the President’s Veto Power ---Veto power of the President to disapprove the bill passed by the Congress for his approval. This power is not absolute . Notwithstanding it being vetoed, the bill may still become a law if reconsidered by any of the Houses and 2/3 vote all members of each House.

Limitations of the President’s Pardoning Power The grant of clemency id exclusive to the President, thus, he may grant commutation, reprieve, remission of fines and forfeitures. The Constitution however, specifies limitations such as the impeachment cases where the President cannot exercise hid pardoning power. The grant of amnesty id not absolute. To make it valid, it requires concurrence by the Congress by at least majority vote of all its members and admission of guilt by the political offender is a pre-requisite (Vera vs. People of the Philippines, 7 SCRA152 as cited by Cruz, p.236).

Privileges & Immunities of the Legislator A. Immunity from Arrest ---Art. VI, Sec. II. A Senator or member of the House of Representatives shall in all offenses, punishable by not more than 6 years imprisonment, be privileged from arrest while the Congress is in session.

B. Privileged Communication ---John Stuart Mills said that there should be a market place of idea where for expression leads to find the truth, as laissez faire allows competition where shoddy products are naturally/logically left out.

The Judicial Branch of Government

The Judicial branch of government is co-equal and co-existing with the other branches of government.The 1973 Constitution provided the same espoused under a “parliamentary democratic system” of government.But in reality, under a dictator, the judiciary lost its independence from the other branches.

Section 8, Article VIII of 1987 Constitution:

1.) A Judicial and Bar Council created under the supervision of the Supreme Court composed of the Chief Justice as ex-officio, Chairman, the Secretary of Justice, and a representative of the Integrated Bar, a Professor of Law, a retired Member of the Supreme Court, and representative of the private sector.

2.)The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years and the representative of the sector for one year.

3.) The clerk of the Supreme Court shall be the Secretary ex-officio of the Council and shall keep a record of its proceedings.

4.) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the for the council.

5.) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Judicial Power“Article VIII, Section I. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law”

Supreme Court- is the only Constitutional court and the other courts are created by statutes. All of them are under the Supreme Court.

The Supreme Court shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers, consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

2. Review, revise, reverse, modify, or affirm on appeal or certiorari as the law of the Rules of Court may provide, final judgments and orders of lower cour3. Assign temporarily judges of lower courts to other station as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

3. Assign temporarily judges of lower courts to other station as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

5. 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 unprivileged.

6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Composition of the Supreme Court1. Cases Decided en banc ---Art. VIII, Sec.4(2). All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en bans, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of the Presidential degrees, proclamation, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberation on the issues in the case and voted thereon.

2. Cases Decided in DivisionArt. VIII, Sec. 4(3). Cases or matters heard by a division shall be decided or resolve with the concurrence of a majority of the Members who actually took part in the deliberation o the issues in the case voted thereon, and in no case, without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc.