Untitled

• Executive Branch


  • The president can veto laws passed by the congress
  • Congress confirms/rejects the president's appointments and can remove the President from office in exceptional circumstances
  • The justices of the SC, who can overturn unconstitutional laws, are appointed by the President and confirmed by the state
• Functions of the Executive Branch and the President

  • Execute the laws
  • Commander-in-chief of the Armed Forces of the Philippines
  • Chief Executive of all executive departments, bureaus, and offices
• President

  Head of state and head of government
• Vice President


  May be appointed as a Member of the Cabinet. Such appointment requires no confirmation.
• Qualifications of the Philippine President

  • Natural-born citizen of the Philippines
  • Registered voter, able to read and write
  • At least 40 years of age on the day of the election
  • Resident of the Philippines for at least 10 years immediately preceding such election
• Vice President


  Has the same qualifications and term of office and be elected with and in the same manner as the president
• Term of Office


  • The President and Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter
  • The President shall not be eligible for any reelection
  • No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time
• Line of Succession

  PRESIDENT > VICE PRESIDENT > Senate President/Speaker of the House of the Representatives
• Powers of the Philippine President

  • Power of Control over the executive branch
  • Ordinance Power (Executive Orders, Administrative Orders, Proclamations, Memorandum Orders, Memorandum Circulars, General or Special Orders)
  • Power Over Aliens
  • Power of Eminent Domain, Escheat, Land Reservation, and Recovery of Ill-gotten Wealth
  • Power of Appointment
  • General Supervision Over Local Governments
  • Other Powers (Powers Under Constitution, Residual Powers)
• Judicial Department


  • Holds the power to settle controversies involving rights that are legally demandable and enforceable
  • Made up of a Supreme Court and Lower Courts
  • Interprets and applies the law
  • Tasked with ensuring equal justice under law
• Judicial Power


  Vested in the Supreme Court and in such lower courts as may be established by law
• Due Process


  • Requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly
  • Procedural due process - Notice and an opportunity to be heard
  • Substantive due process - judgment based on the evidence presented by the parties and on the applicable law
• Grave Abuse of Discretion

  • lack of jurisdiction
  • Act is done contrary to the Constitution
  • When the act is executed whimsically, capriciously, or arbitrarily out of malice, ill will, or personal bias
• Jurisdiction


  • The powers of the courts to inquire into facts, apply the law, make decisions, and declare judgements
  • Original Jurisdiction - That the SC can hear a case for the first time. All courts, from the Lower Courts up to the Supreme Court, possess the power of original jurisdiction
  • Appellate Jurisdiction - That the SC are able to review and evaluate the decisions made by lower courts
• Jurisdiction of the Supreme Court

  • Ambassadors
  • Ministers
  • Consuls
  • Taxation
  • Criminal cases with penalty of life imprisonment or higher
  • Questions of laws
  • Electoral Tribunals (Presidential Electoral Tribunal, Senate Electoral Tribunal, House of the Representative Electoral Tribunal)
• The Supreme Court


  • The highest court in the land
  • Consist of 14 Associate Justices and 1 Chief Justice
  • The "final court" - decides in any and all judicial issues
  • Functions: Judicial and Administrative
• Qualifications of the Supreme Court Justices

  • Natural-born citizen of the Philippines
  • At least 40 years old at the time of appointment
  • Must have been a judge of a lower court or engaged in the practice of law in the country for 15 years or more
  • A person with proven competence, integrity, probity and independence
  • Retirement age: 70, no term limit
• Appointing of Supreme Court Members

  • The Congress decides on the requirement of the membership in lower courts
  • They constitutes the Commission on Appointment, which determines the members of the Judicial and Bar Council
  • Judicial and Bar Council - They are the body tasked with recommending the nominees for membership in the Supreme Court
  • Chief Justice - Presides hearings conducted by the supreme court, Certifies decisions made by the court, The Chairman of the Judicial and Bar Council, Serves as presiding officer in impeachment trials
• Lower Courts


  • Court of Appeals
  • Sandiganbayan
  • Court of Tax Appeals
  • Regional Trial Court
  • Municipal Trial Court
  • Metropolitan Trial Courts and Municipal Circuit Trial Court
  • Sharia'a District Court
• Legislative Branch


  • The creation, enactment, and amendment of laws
  • Proposed laws may come from Senators/Congress
  • The Constitution is the basis of legislative authority
  • Grant of legislative power to Congress is plenary
• Initiative and Referendum


  The power of the people directly to "propose and enact laws or approve or reject any act/law or part thereof passed by the Congress/local legislative body
• The Senate


  • Composed of 24 senators elected at large
  • Natural born citizen, At least 35 years of age on the day of the election, Able to read and write, A registered voter, Not less than 2 years of residency
  • The term of the Senators shall be six years, 12 Senators are elected every after 3 years
• The House of Representatives

  • Composed of not more than 250 members (provinces, cities, and Metropolitan Manila area)
  • The Party-list representatives shall constitute 20% of the total number of representatives including those in the party list; labor, peasant, urban poor, indigenous cultural, communities, women, youth, and such other sectors
  • Natural born citizen, At least 25 years of age on the day of the election, Able to read and write (except the party-list representatives), A registered voter, Not less than 1 year of residency
  • Members of the House of Representative shall be elected for a term of three years
  • The regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May
  • In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy
• Article 15, Family Code sinumang magpapakasal na nasa 21-25 taong gulang ay kailangang humingi ng "parental advice" dahil sakaling wala nito, hindi sila maiisyuhan ng marriage license, isang formal requisite sa pagpapakasal.
• RA 3553 o Anti-Pana Law - sinumang tao ang nagma-may-ari ng deadly arrow o panana na walang permiso galing sa mga opisyal ng lokal na pamahalaan ay maaaring makulong ng hindi bababa sa 30 araw at hindi lalagpas ng 6 buwan
• Republic Act 8353 o Anti-Rape Law of 1997 - Maaaring mapawalang-sala ang gumahasa kapag pinakasalan nito ang biktima (Article 266-C)
• Article 247 (1) of the Revised Penal Code (ACT 3815) - Kapag naaktuhan mong nakikipagtalik ang iyong asawa sa iba at napatay, nasaktan, o napinsala mo siya at ang kanyang kasama, maaari kang maabsuwelto sa krimen o mapatawan lamang ng destierro. Ayon sa batas, dapat ay legal na kasal ang mag-asawa.
• Article 247 (3) of the Revised Penal Code (ACT 3815) - Kapag nahuli ng magulang na nakikipagtalik ang kanyang anak na dalaga na 18-anyos pababa at nakatira sa kanilang poder, at nagresulta ito sa pagkamatay, pagkasugat, o pinsala sa anak at sa katalik nito, maaaring maabsuwelto sa krimen ang magulang o mapatawan lamang ng destierro.
• Omnibus Election Code (Batas Pambansa Bilang 881) - Sa eleksyon, maaring gamiting "draw lots" gaya ng toss coin para malaman kung sino ang panalo sa dalawang magkalabang kandidato na nakakuha ng parehong bilang ng boto (Article 240 of Election Code and COMELEC Resolution 9648)
• Article 332 of the Revise Penal Code - walang anomang kriminal na pananagutan, civil liability lamang, ang sinumang miyembro ng pamilya na makagagawa ng krimen gaya ng theft, swindling o malicious mischief sa isa ring miyembro ng pamilya. Ang miyembro ng pamilyang tinutukoy ay "spouses, ascendants, descendants, relatives by affinity, widowed spouse, brothers, sisters, brothers-in-law, sisters-in-law, if living together."
• Anti-Squatting Law Repeal Act of 1997 - Ayon sa batas na ito, ang squatting ay hindi isang krimen. Inamyendahan nito ang Presidential Decree 772 na nagpaparusa sa mga informal settler. Ito rin ay tinatawag na Lina Law
• Article 2014 of the Civil Code: Pag-recover sa Natalong Pera sa Sugal Ayon sa batas na ito, ang sinumang natalo sa isang game of chance ay maaring i-recover ang natalo sa kanya na may legal interest mula sa taong nanalo at pati sa oeprator o manager ng gambling house.