Legislative Branch
According to the 1987 Constitution, legislative power shall be vested in the Congress
of the Philippines, which shall consist of a Senate and a House of Representatives.
The Senate shall be composed of twenty-four Senators who shall be elected at large
by the qualified voters of the Philippines, as may be provided by law; the House of
Representatives shall be composed of not more than 250 (unless otherwise fixed by
law), 20 percent of whom must be Party-list representatives.
The qualifications to become a senator, as stipulated in the constitution, are:
1. a natural-born citizen of the Philippines;
2. at least thirty-five years old;
3. is able to read and write
4. a registered voter; and
5. a resident of the Philippines for not less than two years before election day.
Meanwhile, the constitution provides for the following criteria to become a member
of the House of Representatives:
1. a natural-born citizen of the Philippines;
2. at least twenty-five years old;
3. is able to read and write; and
4. except the party-list representatives, a registered voter and a resident for at least one
year in the district where s/he shall be elected.
Legislative process
Congress is responsible for making enabling laws to make sure the spirit of the
constitution is upheld in the country and, at times, amend or change the constitution
itself. In order to craft laws, the legislative body comes out with two main
documents: bills and resolutions.
Resolutions convey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different
elements:
joint resolutions — require the approval of both chambers of Congress and the
signature of the President, and have the force and effect of a law if approved.
concurrent resolutions — used for matters affecting the operations of both chambers
of Congress and must be approved in the same form by both houses, but are not
transmitted to the President for his signature and therefore have no force and effect
of a law.
simple resolutions — deal with matters entirely within the prerogative of one chamber
of Congress, are not referred to the President for his signature, and therefore have no
force and effect of a law.
Bills are laws in the making. They pass into law when they are approved by both
houses and the President of the Philippines. A bill may be vetoed by the President,
but the House of Representatives may overturn a presidential veto by garnering a
2/3rds vote. If the President does not act on a proposed law submitted by Congress,
it will lapse into law after 30 days of receipt.
Judicial Branch
Judicial power rests with the Supreme Court and the lower courts, as established by
law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual
controversies involving rights which are legally demandable and enforceable (Art.
VIII Sec. 1 (2)).
The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the
Legislature below the appropriated amount the previous year (Art. VIII, Sec. 3).
the mediation program in the Philippines. The same resolution designated the
Philippine Judicial Academy as the component unit of the Supreme Court for Court-
Annexed Mediation and other Alternative Dispute Resolution (ADR) mechanisms, and
established the Philippine Mediation Center (PMC).
Mandatory Continuing Legal Education Office was organized to implement the rules
on Mandatory Continuing Legal Education for members of the Integrated Bar of the
Philippines (B.M. No. 850 – “Mandatory Continuing Legal Education (MCLE)). It
holds office in the Integrated Bar of the Philippines main office.
KATARUNGANG PAMBARANGAY
Presidential Decree No. 1508, or the Katarungang Pambarangay Law, took effect on
December 11, 1978, and established a system of amicably settling disputes at the
barangay level. This decree and the Local Government Code provided rules and
procedures, Title I, Chapter 7, Sections 339-422. This system of amicable settlement
of dispute aims to promote the speedy administration of justice by easing the
congestion of court dockets. The court does not take cognizance of cases filed if
they are not filed first with the Katarungang Pambarangay.
ALTERNATIVE DISPUTE RESOLUTION (ADR) SYSTEM
Republic Act No. 9285 institutionalized the use of an alternative dispute resolution
system, which serves to promote the speedy and impartial administration of justice
and unclog the court dockets. This act shall be without prejudice to the adoption of
the Supreme Court of any ADR system such as mediation, conciliation, arbitration or
any combination thereof. ↵
Supreme Court exercises the following powers:
1. Exercise jurisdiction over cases affecting ambassadors, other public ministers and
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 or the
Rules of Court may provide, final judgments and orders of the lower courts in:
All cases in which the constitutionality or validity of any treaty, international
or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question;
All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto;
All cases in which the jurisdiction of any lower court is in issue;
All criminal cases in which the penalty imposed is reclusion perpetua or
higher;
All cases in which only an error or question of law is involved;
3. Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignments 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.
1. 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 underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts the same grade, and shall not diminish, increase or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
2. Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law (Sec. 5 , id.).
Court of Appeals
The Court of Appeals is the second highest tribunal in the country, which was
established on February 1, 1936 by virtue of Commonwealth Act No. 3. The current
form of the Court of Appeals was constituted through Batas Pambansa Blg. 129, as
amended by Executive Order No. 33, s. 1986, Republic Act No. 7902, and Republic
Act No. 8246.
Court of Tax Appeals
The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals,
was created by virtue of Republic Act No. 1125, which was signed into law on June
16, 1954. Its present-day form was constituted through RA 1125, as amended by
Republic Act No. 9282 and Republic Act No. 9503.
Sandiganbayan
To attain the highest norms of official conduct among officials and employees in the
government, the creation of a special graft court to be known as the Sandiganbayan
was provided for in Article XIII, Section 5 of the 1973 Constitution. This court was
formally established through Presidential Decree No. 1606, which was signed into
law on December 10, 1978.
The Sandiganbayan comprises of one presiding justice and 14 associate justices, all
of which are appointed by the President from a shortlist submitted by the Judicial
and Bar Council. The associate justices shall have precedence according to the
dates (or order, in case of similar appointment dates) of their respective
appointments.
The qualifications to become a member of the Sandiganbayan are as follows:
1. a natural-born citizen of the Philippines;
2. at least 40 years of age
3. has been a judge of a court for at least ten years, or been engaged in the practice of
law in the Philippines or has held office requiring admission to the bar as a
prerequisite for at least ten years.
The current presiding justice of the Sandiganbayan is Amparo Cabotaje-Tang, who is
set to retire on November 8, 2024.
Executive Branch
Article VII, Section 1, of the 1987 Constitution vests executive power on the
President of the Philippines. The President is the Head of State and Head of
Government, and functions as the commander-in-chief of the Armed Forces of the
Philippines. As chief executive, the President exercises control over all the executive
departments, bureaus, and offices.
THE PRESIDENT OF THE PHILIPPINES
The President of the Philippines is elected by direct vote by the people for a term of
six years. He may only serve for one term, and is ineligible for reelection. The term of
the President of the Philippines starts at noon of the 30th day of June after
the election.
QUALIFICATIONS
The qualifications for an individual aspiring to become the President of the
Philippines are outlined in Article VII, Section 2 of the 1987 Constitution. According
to the constitution, an individual may become President provided he meets the
following criteria:
1. natural born Filipino;
2. a registered voter;
3. must be able to read and write;
4. 40 years of age at the day of the election; and
5. must have resided in the Philippines ten years before the election is held.
approval of the Committee on Appointments (a committee composed of members
from the House of Representatives and the Senate of the Philippines).
6. Power of general supervision over local governments
The President of the Philippines, as chief executive, has the mandate to supervise
local governments in the Philippines, despite their autonomous status as provided by
Republic Act No. 7160 otherwise known as the Local Government Code of 1991.
Traditionally, this is done by the Department of the Interior and Local Government,
headed by a cabinet secretary—an alter ego of the President.
7. Other powers
Aside from the aforementioned powers of the President of the Philippines, he can
also exercise powers enumerated in the constitution, and powers given to him by
law.
LINE OF SUCCESSION
The constitution provides for a line of succession in the event that the elected
President of the Philippines is not able to discharge the duties of his office due to
death, disability, or resignation. The following is the line of succession:
1. Vice President — in cases of the death, disability, or resignation of the President
2. Senate President — in cases of the death, disability, or resignation of the President
and Vice President
3. Speaker of the House of Representatives — in cases of the death, disability, or
resignation of the President, Vice President, and Senate President
Contrary to popular belief, the constitution doesn’t include the Chief Justice of the
Supreme Court in the President’s line of succession.
The Congress of the Philippines is mandated enact a law calling for a special
election three days after the vacancy in the Office of the President and Vice
President. The special election should occur 40 days after the enactment of the law,
but not later than 60 days after the enactment of the law.
VICE PRESIDENT OF THE PHILIPPINES
The Vice President of the Philippines is elected by direct vote by the people for a
term of six years, and may run for reelection once. The term of the Vice President of
the Philippines starts at noon of the 30th day of June after a regular election is held.
QUALIFICATIONS
The qualifications for aspirants to the Office of the Vice President is outlined in
Article VII, Section 3. According to the constitution, the qualifications for the
President is the same for the Vice President.
DUTIES OF THE VICE PRESIDENT
According to the constitution, the vice president may concurrently assume a cabinet
position should the President of the Philippines offer the former one. The vice
president will become a secretary concurrent to the position of vice president.
Aside from the cabinet post, the vice president is mandated to assume the
presidency in case of the death, disability, or resignation of the incumbent President.
LINE OF SUCCESSION
Should there be a vacancy of the Office of the Vice President, the President of the
Philippines is required by the constitution to nominate a replacement with the
concurrence of Committee on Appointments.
CABINET SECRETARIES
FUNCTIONS OF A CABINET SECRETARY
Cabinet secretaries act as the alter ego of the President executing, with his authority,
the power of the Office of the President in their respective departments.
The number of cabinet secretaries varies from time to time depending on the need of
an administration. According to the Administrative Code of 1987, the President of
the Philippines may create or dissolve any department as he sees fit.
APPOINTMENT OF CABINET SECRETARIES
According to the Article 7, Section 16, the President may appoint anyone to executive
departments with the consent of the Commission on Appointments. Names of
individuals nominated to cabinet posts are submitted to the Commission on
Appointments for their consideration.
An individual may not assume his post in a given department unless confirmed by
the Commission on Appointments. However, the constitution provides for individuals
becoming cabinet secretaries in an acting capacity before they are confirmed.
According to Article VII, Section 16 of the constitution, the president may appoint
anyone to cabinet posts even if Congress is in recess. These appointments are valid
until the Commission on Appointments disapproves them, or at the end of the next
session of Congress.
Not all cabinet members, however, are subject to confirmation of the Commission on
Appointments. According to the Commission of Appointments website, the following
need confirmation in order to assume their posts:
1. Executive Secretary
2. Secretary of Agrarian Reform
3. Secretary of Agriculture
4. Secretary of Budget and Management
5. Secretary of Education
6. Secretary of Energy
7. Secretary of Environment and Natural Resources
8. Secretary of Finance
9. Secretary of Foreign Affairs
10. Secretary of Health
11. Secretary of Justice
12. Secretary of Labor and Employment
13. Secretary of National Defense
14. Secretary of Public Works and Highways
15. Secretary of Science and Technology
16. Secretary of Social Welfare and Development
17. Secretary of the Interior and Local Government
18. Secretary of Trade and Industry
19. Secretary of Transportation and Communications
20. Secretary of Tourism
21. Commission on Higher Education
22. Director General of the National Economic and Development Authority
POWERS OF A CABINET SECRETARY
As stated above, a cabinet secretary is the alter ego of the President in their
respective departments. Thus, they posses the power to issue directives relative to
their departments, such as department orders. These orders only apply to offices
under a specific department under the cabinet secretary’s jurisdiction. Cabinet
secretaries also act as advisors to the President of the Philippines for their areas.
1.
1. Sangguniang Panlalawigan, present the program of government and propose policies
and projects for consideration;
2. initiate and propose legislative measures to the Sangguniang Panlalawigan;
3. represent the province in all its business transactions and sign on its behalf all bonds,
contracts, and obligations, upon authorization by the Sangguniang Panlalawigan;
4. carry out emergency measures as may be necessary during and in the aftermath of
man-made and natural disasters;
5. examine the books, records and other documents of all offices, officials, agents or
employees of the province;
6. furnish copies of executive orders issued by him to the Office of the President within
72 hours after their issuance;
7. visit component cities and municipalities at least once every six months;
8. represent the province in inter-provincial or regional sports councils or committees,
and coordinate the efforts of component cities or municipalities in the regional or
national palaro or sports development activities;
9. conduct an annual palarong panlalawigan; and
10. submit to the Office of the President an annual report on the administration and
development of the province, and supplemental reports when unexpected events and
situations such as calamities arise.
2. Enforce all laws and ordinances, and implement all approved policies, programs,
projects, services and activities of the province:
1. issue executive orders as are necessary for the proper enforcement and execution of
laws and ordinances;
2. call conventions, seminars or meetings of any elective and appointive officials of the
province;
3. in coordination with the component cities and municipalities, and the National Police
Commission, formulate and implement the peace and order plan of the province; and
4. call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless
violence, rebellion or sedition or to apprehend violators of the law.
3. Initiate and maximize the generation of resources and revenues, to be used for the
implementation of development plans, program objectives and priorities:
1. prepare and submit to the Sangguniang Panlalawigan for approval the annual
executive and supplemental budgets of the province;
2. ensure that all taxes and other revenues of the province are collected;
3. issue, suspend or revoke licenses and permits;
4. adopt measures to safeguard and conserve land, mineral, marine, forest, and other
resources of the province;
5. provide efficient and effective property and supply management in the province; and
protect the funds, credits, rights and other properties of the province; and
6. institute or cause to be instituted administrative or judicial proceedings for violation
of ordinances in the collection of taxes, fees or charges, and for the recovery of funds
and property.
4. Ensure the delivery of basic services and the provision of adequate facilities as
provided for under Section 17 of the Local Government Code.
TERM LIMITS
The offices of the abovementioned local chief executives are limited to three
consecutive three-year terms. Once they end their third term, they may not run for
reelection, but may run again once they let one term pass.