the government and its agencies.

ARTICLE V: SUFFRAGE
Scope of legislative power of Congress
Section 1: Suffrage may be exercised by all citizens of the Philippines at least 1. Plenary or General - a grant of legislative power means the grant of all
eighteen years of age Suffrage - Is the right and obligation to vote of qualified legislative power for all purposes of civil government.
citizens in the election of certain 2. Legislative powers not expressly delegated deemed granted - the
delegated power of our Congress are broader than the legislative power of
national and local officers of the government and in the decision of public American Congress
questions submitted to the people.
Two Classification of Power of Congress
Nature of Suffrage: Primary function of Congress is to legislate
1. A mere privilege - not a natural right of the citizen but merely a privilege to be 1. General Legislative Power - power to enact laws intended as rules of conduct
given or withheld by the law making power subject to constitutional to govern the relationship among individuals and the State.
limitations. 2. Specific Power - powers which the Constitution expressly directs or
2. A political right - in the sense of a right conferred by the Constitution. Suffrage authorizes Congress to exercise like the power to choose who shall become
is classified as a political right. President in case two or more have the highest or equal number of votes to
confirm certain appointment by the President.
Scope of Suffrage: 3. Implied Power - they are those essential or necessary to the effective
1. Election - means by which the people chose their officials. exercise of the powers expressly granted. Like the power to conduct inquiry
2. Plebiscite - name given to vote of the people expressing their choice for or and investigation in aid of legislation to punish for contempt and to
against a proposed law determine the rules of its proceedings.
3. Referendum - submission of a law or part thereof passed by the national or local 4. Inherent Power - powers which are possessed and can be exercised by
legislative body every government because they exist as an attribute of sovereignty.
4. Initiative - process whereby the people directly propose and enact law.
Principle of Separation of Powers
5. Recall - method by which a public officer may be removed from office during his
1. Presidential System - power of the government are divided into 3 classes:
tenure or before the expiration of his term.
Executive, legislative and Judicial.
2. Parliamentary System - there is a fusion rather that a separation of the two
Qualification of voters:
classes: Policy making and Policy Executing. Prime minister is the head of
1. Must be a citizen (male or female) of the Philippines government.
2. Not otherwise disqualified by law 3. French presidential - parliamentary system-variant of two types of government
3. At least 18 years of age
4. Have resided in the Philippines for at least 1 year and in the place wherein he Principle of check and balance - Constitutional provisions authorize a considerable
proposes to vote at least six months preceding the election. amount of encroachment or checking by one department in the affairs of the other.

Persons disqualified to vote Section 2. The Senate shall be composed of 24 Senators who shall be elected at
1. Any person who has been sentenced by final judgment to suffer imprisonment large by the qualified voters of the Philippines, as may be provided by law.
by not less than 1 yr.
2. Any person who has been adjudged by final judgment by competent court of Section 3. No person shall be a Senator unless:
having committed any crime involving disloyalty, rebellion, sedition, etc. -
He is a natural-born citizen of the Philippines
3. Insane or incompetent person declared by a competent authority. -
Is at least thirty-five years of age on the day of the election
-
Able to read and write,
Section 2: The Congress secure the secrecy and sanctity of the ballot. -
A registered voter
Congress - designs a procedure for the disabled and the illiterate to vote w/o -
A resident of the Philippines for not less than two years immediately preceding
assistance.
the day of the election

ARTICLE VI: THE LEGISLATIVE DEPARTMENT Section 4: The term of office of the Senators:
-
Shall be six years and shall commence, unless otherwise provided by law, at noon
Section 1: The legislative power shall be vested in the Congress of the Philippines
on the thirtieth day of June next following their election.
Legislative power - authority under the constitution to make laws and -
No Senator shall serve for more than two consecutive terms.
subsequently, when the need arises, to alter and repeal them. -
Voluntary renunciation of the office for any length of time shall not be considered
as an interruption in the continuity of his service for the full term of which he was
Law - refers to statutes which are the written enactments of the legislature elected.
governing the relations of the people among themselves or between them and
 Registered Voter - is one who has all the qualification for a voter and none of the
disqualifications provided by law and who has registered himself in the list voters. Kinds of Election for Members of Congress
1. Regular Election - held on the 2nd Monday of May.
Residence - is the place where one has his true permanent home and to which, 2. Special Election - may be called incase a vacancy arises in the
whenever absent he has the intention of returning. senate or House of Representative to fill such vacancy in the
manner prescribed by law.
Section 5. Composition of The House of Representatives:
• not more than 250 members, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in Section 10: The salaries of Senators and Members of the House of Representatives
accordance with the number of their respective inhabitants, shall be determined by law.
• shall be elected through a party-list system of registered national, regional, and No increase in said compensation shall take effect until after the expiration of the
sectoral parties or organizations. full term of all the Members of the Senate and the House of Representatives
-
The party-list representatives shall constitute 20% of the total number of approving such increase.
representatives including those under the party list.
• For three consecutive terms after the ratification of this Constitution, one- Section 11: A Senator or Member of the House of Representatives shall:
-
half of the seats allocated to party-list representatives shall be filled, by in all offenses punishable by not more than six years imprisonment
-
selection or election from the labor, be privileged from arrest while the Congress is in session
-
peasant, urban poor, indigenous cultural communities, women, youth, and freedom from being questioned from any speech or debate in the Congress or in
such other sectors as may be provided by law, except the religious sector. any committee thereof
• Each legislative district shall comprise, as far as practicable, continuous,
compact, and adjacent Section 12: All Members of the Senate and the House of Representatives shall upon
territory. assumption of office:
• Each city with a population of at least two hundred fifty thousand, or each 1. Make a full disclosure of their financial and business interests.
province, shall have at least one representative. 2. They shall notify the House concerned of a potential conflict of interest that
• Within three years following the return of every census, the Congress may arise from the filing of a proposed legislation of which they are authors.
shall make a reapportionment of legislative districts based on the
standards provided in this section. Section 13: No Senator or Member of the House of Representatives may:
-
hold any other office or employment in the Government
Section 6: Qualification of member of House of representative: -
or any subdivision, agency, or instrumentality thereof, including government-
-
He is a natural-born citizen of the Philippines owned or controlled corporations or their subsidiaries, during his term without
is at least 25 years of age, on the day of the election. forfeiting his seat
-
-
able to read and write, and, except the party-list representatives, Neither shall he be appointed to any office which may have been created or
-
a registered voter in the district in which he shall be elected, and a the emoluments thereof increased during the term for which he was elected
-
resident thereof for a period of not less than one year immediately
Section 14: No Senator or Member of the House of Representatives may:
preceding the day of the election. -
personally appear as counsel before any court of justice or before the
Section 7: The Members of the House of Representatives shall be elected; Electoral Tribunals, or quasi-judicial and other administrative bodies.
-
1. For a term of three years which shall begin, unless otherwise provided by Neither shall he, directly or indirectly, be interested financially in any
law, at noon on the thirtieth day of June next following their election. contract with, or in any franchise or special privilege granted by the
2. No Member of the House of Representatives shall serve for more than three Government, or any subdivision, agency, or instrumentality thereof,
consecutive terms. including any government-owned or controlled corporation, or its
3. Voluntary renunciation of the office for any length of time shall not be subsidiary, during his term of office.
considered as an interruption in the continuity of his service for the
-
full term for which he was elected. He shall not intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of his office.
Section 8: Regular election of the Senators and the Members of the House of
Representatives shall be held on the second Monday of May. Section 15: The Congress shall convene once every year on the fourth Monday of
July for its regular session, unless a different date is fixed by law.
Section 9: In case of vacancy in the Senate or in the House of Representatives:
-
A special election may be called to fill such vacancy in the manner prescribed by 2 kinds of Session:
law, 1. Regular Session - convene once every year on the fourth Monday of July
-
But the Senator or Member of the House of Representatives thus elected shall 2. Special Session - The President may call a special session at any time.
serve only for the unexpired term.
Section 16: The Senate shall elect its President and the House of Representatives its 2. Written questions shall be submitted to the President of the Senate or the
Speaker. Speaker of the House of Representatives at least three days before their
scheduled appearance.
Quorum- a number of the membership of an assembly, or collective body as is
competent to transact its business.
3. Interpellations shall not be limited to written questions, but may cover matters
Ordinarily, a quorum consist of ½ plus 1 of the members of the body.
related thereto.
4. When the security of the State or the public interest so requires and the
Rules of Procedure - rules made by any legislative body to regulate the mode and
President so states in writing, the appearance shall be conducted in
manner of conducting its business.
executive session.
Legislative Journal - defined as the official record of what is done and passed in a
Section 23: The Congress, shall have the sole power to declare the existence of
legislative assembly.
a state of war. In times of war or other national emergency, the Congress may:
Section 17: The Senate and the House of Representatives shall each have an
authorize the President, for a limited period and subject to such restrictions as it may
Electoral Tribunal. Compositions of Electoral Tribunal: prescribe, to
• shall be composed of nine members, 3 of whom shall be Justices of the Supreme exercise powers necessary and proper to carry out a declared national policy.
Court to be
designated by the Chief Justice, and 6 shall be Members of the Senate or the - Unless sooner withdrawn by resolution of the Congress, such powers shall cease
House of Representatives, as the case maybe, upon the next adjournment thereof.
• who shall be chosen on the basis of proportional representation from the political
parties and the Section 24: All appropriation, revenue or tariff bills, bills authorizing increase of the
parties or organizations registered under the party-list system represented
therein. public debt, bills of local application, and private bills shall originate exclusively in
- The senior Justice in the Electoral Tribunal shall be its Chairman. the House of Representatives.
Appropriations bill - the primary and specific aim of which is to make
appropriations of money from the public treasury.
Section 18: Compositions of Commission on Appointments:
1. President of the Senate
Kinds of Appropriations:
2. Twelve Senators
1. Annual or General Appropriations - they set aside annual expenses for the
3. Twelve Members of the House of Representatives
general operations of the government.
2. Special or Supplemental Appropriations - include all appropriations not contained
Section 19: The Electoral Tribunals and the Commission on Appointments shall be:
in the budget.
1. Constituted within thirty days after the Senate and the House of Representatives
3. Specific Appropriations - sets aside a named sum of money for the payment
shall have been organized with the election of the President and the Speaker.
of a particular expense
2. The Commission on Appointments shall meet only while the Congress is in
4. Continuing Appropriations - one w/c provides a definite sum to be always
session, at the call of its Chairman or a majority of all its Members, to discharge available year to year.
such powers and functions as are herein conferred upon it.
Meaning of other bills:
Section 20: The records and books of accounts of the Congress shall be: 1. Revenue bill - primary purpose is to raise revenue
1. preserved and be open to the public in accordance with law 2. Tariff bill - reference to one imposing custom
2. and such books shall be audited by the Commission on Audit which shall 3. Bill authorizing increase of the public debt - one which creates public
publish annually an itemized list of amounts paid to and expenses incurred indebtedness such as a bill providing for the issuance of bonds and other
for each Member. forms of obligations.
4. Bill of local application - affecting purely local or municipal concerns like one
Section 21: The Senate or the House of Representatives or any of its respective creating a city or municipality or changing its name.
committees may conduct: 5. Private bill - affecting purely private interest such as one granting a franchise to
1. Inquiries in aid of legislation in accordance with its duly published rules of a person or corporation or compensation to a person for damages suffered by
procedure.
him by which the government considers itself liable.
2. The rights of persons appearing in or affected by such inquiries shall be
respected.
Section 25: Budget
1. The Congress may not increase the appropriations recommended by the
Section 22: The heads of departments with the consent of the President, shall
President for the operation of the Government as specified in the budget.
provide;
2. No provision or enactment shall be embraced in the general appropriations bill
1. appear before and be heard by such House on any matter pertaining to their
unless it relates specifically to some particular appropriation therein
departments.
3. The procedure in approving appropriations for the Congress shall follow adoption.
the procedure for approving appropriations for other departments and Statute - written will of the legislature as an organized body expressed according to
agency the form necessary to constitute it into a law of the State, the term “act” is often
4. A special appropriations bill shall specify the purpose for which it is intended, used in referring to a statute.
and
Formal parts of a law:
shall be supported by funds actually available as certified by the National 1. Title - Announces the subject matter of the act.
Treasurer, or to be raised by a corresponding revenue proposal therein. 2. Preamble - follows the title and precedes the enacting clause.
5. No law shall be passed authorizing any transfer of appropriations; 3. Enacting clause - it serves as a formal mean of identifying the legislative body
6. Discretionary funds appropriated for particular officials shall be that enacts the law.
disbursed only for public purposes 4. Body - portion containing the proposed law or statute itself
7. If Congress failed to pass the general appropriations bill for the ensuing fiscal 5. Effectivity clause - portion providing for the time when the law shall take effect. A
year, the general appropriations law for the preceding fiscal year shall be law takes effect in 15 days following the completion of its publication in the
deemed reenacted and shall remain in force and effect until the general official gazzette.
appropriations bill is passed by the Congress.
Veto - a latin term for “I forbid” or “deny”. It is the power vested in the President to
Budget - financial program of the national government for a designated calendar disapprove acts passed by the Congress
year.
Purpose of a Veto
-
To enable the executive department to protect its integrity as an equal branch of
Section 26: Every bill passed by the Congress shall embrace only one subject which
the government
shall be expressed in the title thereof. -
To provide a check on hasty, corruptor ill-considered legislation.

Requirements as to Subject and Title of the Bill Resolutions - defined as a formal expression of opinion, will, or intent by an official
1. One title, one subject - a proposed law is called a bill. body or assembled group.
2. Purpose of Constitutional requirement:
- Kinds of resolution:
To prevent hodge-podge or log rolling legislation
- 1. Simple - if passed by either House for its exclusive use or purpose
To prevent surprise or fraud upon legislature
-
To fairly appraise the people. 2. Concurrent - if passed independently in one House and rarified by the other in
the same manner as a bill.
Steps in the passage of a bill 3. Joint - if approved by both House meeting in joint session but voting separately
1. First reading - any member of either House may present a proposed bill,
signed by him for 1st reading and reference to the proper committee. Section 28. The rule of taxation shall be uniform and equitable.
2. Referral to appropriate committee - after 1st reading, the bill is referred to the
proper committee for study and consideration. Uniformity in Taxation
3. Second reading - if the bill id favored by the committee, it is forwarded to Means that “all taxable articles or properties of the same class shall be taxed at
the Committee on Rules. the same rate. Implies equality in burden, not in amount.
4. Debates - general debate is now opened . Amendment may be proposed by
any member of Congress. Exemption of certain entities and properties from tax
-
5. Printing and distribution - the bill is then ordered in its final form Test of exemption- covers only property taxes and not other taxes.
-
6. Third reading - only the title of the bill is read on the floor. Nominal voting is held Note that only those w/c are non profit are exempted from tax.
7. Referral to the other house - if approved, the bill is passed to the other house
where it will take the same procedure. Section 29: No money shall be paid out of the Treasury except in pursuance of an
8. Submission to joint bicameral committee - differences if any, between the appropriation made by law.
-
House’s bill and the Senates amended version and vice versa are submitted to No public money or property shall be appropriated, applied, paid, or employed,
a conference committee of members of both Houses. directly or
9. Submission to the President - a bill approved on the 3rd reading shall be indirectly,
-
printed and submitted to the president for his approval or disapproval. Either All money collected on any tax levied for a special purpose shall be treated as a
signed or sent back with a veto message from the president. special fund.
-
Appropriation - an authorization by law that money maybe paid out of the public
Section 27: Every bill passed by the Congress shall, before it becomes a law, be treasury.
presented to the President.
Bill - a draft of a law submitted to the consideration of a legislative body for its Section 30: No law shall be passed increasing the appellate jurisdiction of the
 Supreme Court as provided in this Constitution without its advice and Congress, upon determination of the authenticity and due execution thereof in the
concurrence. manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed elected, but in
Section 31: No law granting a title of royalty or nobility shall be enacted. case two or more shall have an equal and highest number of votes, one of them
shall forthwith be chosen by the vote of a majority of all the Members of both
Section 32: The Congress shall, as early as possible, provide for a system of
initiative and referendum.
Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the certificates.
Initiative - reserved power of the people to directly propose and enact laws at The Supreme Court, sitting en banc, shall be the sole judge of all contests relating
polls called for the purpose independently of Congress or of a local legislative to the election, returns, and qualifications of the President or Vice-President, and
body. may promulgate its rules for the purpose.
Section 5. Before they enter on the execution of their office, the President, the
Referendum - the process by which any act or law or part thereof passed by the Vice-President, or the Acting President shall take the following oath or affirmation:
Congress or by a local legislative body is submitted to the people for their “I do solemnly swear (or affirm) that I will
approval or disapproval.
faithfully and conscientiously fulfill my
duties as President (or Vice-President or
ARTICLE VII Acting President) of the Philippines,
EXECUTIVE DEPARTMENT
Section 1. The executive power shall be vested in the President of the preserve and defend its Constitution,
Philippines. execute its laws, do justice to every man,
Section 2. No person may be elected President unless he is a natural-born and consecrate myself to the service of the
citizen of the Philippines, a registered voter, able to read and write, at least forty
years of age on the day of the election, and a resident of the Philippines for at
Nation. So help me God.” (In case of
least ten years immediately preceding such election. affirmation, last sentence will be omitted.)
Section 3. There shall be a Vice-President who shall have the same Section 6. The President shall have an official residence. The salaries of the
qualifications and term of office and be elected with, and in the same manner, as President and Vice-President shall be determined by law and shall not be
the President. He may be removed from office in the same manner as the decreased during their tenure. No increase in said compensation shall take effect
President. until after the expiration of the term of the incumbent during which such increase
The Vice-President may be appointed as a Member of the Cabinet. Such was approved. They shall not receive during their tenure any other emolument
appointment requires no confirmation. from the Government or any other source.
Section 4. The President and the Vice-President shall be elected by direct vote Section 7. The President-elect and the Vice President-elect shall assume office at
of the people for a term of six years which shall begin at noon on the thirtieth day the beginning of their terms.
of June next following the day of the election and shall end at noon of the same If the President-elect fails to qualify, the Vice President-elect shall act as President
date, six years thereafter. The President shall not be eligible for any re-election. until the President-elect shall have qualified.
No person who has succeeded as President and has served as such for more If a President shall not have been chosen, the Vice President-elect shall act as
than four years shall be qualified for election to the same office at any time. President until a President shall have been chosen and qualified.
No Vice-President shall serve for more than two successive terms. Voluntary If at the beginning of the term of the President, the President-elect shall have died
renunciation of the office for any length of time shall not be considered as an or shall have become permanently disabled, the Vice President-elect shall
interruption in the continuity of the service for the full term for which he was become President.
elected. Where no President and Vice-President shall have been chosen or shall have
Unless otherwise provided by law, the regular election for President and Vice- qualified, or where both shall have died or become permanently disabled, the
President shall be held on the second Monday of May. President of the Senate or, in case of his inability, the Speaker of the House of
The returns of every election for President and Vice-President, duly certified by Representatives, shall act as President until a President or a Vice-President shall
the board of canvassers of each province or city, shall be transmitted to the have been chosen and qualified.
Congress, directed to the President of the Senate. Upon receipt of the The Congress shall, by law, provide for the manner in which one who is to act as
certificates of canvass, the President of the Senate shall, not later than thirty President shall be selected until a President or a Vice-President shall have
days after the day of the election, open all the certificates in the presence of the qualified, in case of death, permanent disability, or inability of the officials
Senate and the House of Representatives in joint public session, and the mentioned in the next preceding paragraph.
Section 8. In case of death, permanent disability, removal from office, or If the Congress, within ten days after receipt of the last written declaration, or, if
resignation of the President, the Vice-President shall become the President to not in session, within twelve days after it is required to assemble, determines by a
serve the unexpired term. In case of death, permanent disability, removal from two-thirds vote of both Houses, voting separately, that the President is unable to
office, or resignation of both the President and Vice-President, the President of discharge the powers and duties of his office, the Vice-President shall act as
the Senate or, in case of his inability, the Speaker of the House of President; otherwise, the President shall continue exercising the powers and
Representatives, shall then act as President until the President or Vice-President duties of his office.
shall have been elected and qualified. Section 12. In case of serious illness of the President, the public shall be informed
The Congress shall, by law, provide who shall serve as President in case of of the state of his health. The members of the Cabinet in charge of national
death, permanent disability, or resignation of the Acting President. He shall serve security and foreign relations and the Chief of Staff of the Armed Forces of the
until the President or the Vice-President shall have been elected and qualified, Philippines, shall not be denied access to the President during such illness.
and be subject to the same restrictions of powers and disqualifications as the Section 13. The President, Vice-President, the Members of the Cabinet, and their
Acting President. deputies or assistants shall not, unless otherwise provided in this Constitution,
Section 9. Whenever there is a vacancy in the Office of the Vice-President hold any other office or employment during their tenure. They shall not, during said
during the term for which he was elected, the President shall nominate a Vice- tenure, directly or indirectly, practice any other profession, participate in any
President from among the Members of the Senate and the House of business, or be financially interested in any contract with, or in any franchise, or
Representatives who shall assume office upon confirmation by a majority vote of special privilege granted by the Government or any subdivision, agency, or
all the Members of both Houses of the Congress, voting separately. instrumentality thereof, including government-owned or controlled corporations or
Section 10. The Congress shall, at ten o’clock in the morning of the third day their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their
after the vacancy in the offices of the President and Vice-President occurs, office.
convene in accordance with its rules without need of a call and within seven The spouse and relatives by consanguinity or affinity within the fourth civil degree
days, enact a law calling for a special election to elect a President and a Vice- of the President shall not, during his tenure, be appointed as Members of the
President to be held not earlier than forty-five days nor later than sixty days from Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
the time of such call. The bill calling such special election shall be deemed Undersecretaries, chairmen or heads of bureaus or offices, including government-
certified under paragraph 2, Section 26, Article V1 of this Constitution and shall owned or controlled corporations and their subsidiaries.
become law upon its approval on third reading by the Congress. Appropriations Section 14. Appointments extended by an Acting President shall remain effective,
for the special election shall be charged against any current appropriations and unless revoked by the elected President, within ninety days from his assumption
shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of or reassumption of office.
this Constitution. The convening of the Congress cannot be suspended nor the Section 15. Two months immediately before the next presidential elections and up
special election postponed. No special election shall be called if the vacancy to the end of his term, a President or Acting President shall not make
occurs within eighteen months before the date of the next presidential election. appointments, except temporary appointments to executive positions when
Section 11. Whenever the President transmits to the President of the Senate continued vacancies therein will prejudice public service or endanger public safety.
and the Speaker of the House of Representatives his written declaration that he Section 16. The President shall nominate and, with the consent of the
is unable to discharge the powers and duties of his office, and until he transmits Commission on Appointments, appoint the heads of the executive departments,
to them a written declaration to the contrary, such powers and duties shall be ambassadors, other public ministers and consuls, or officers of the armed forces
discharged by the Vice-President as Acting President. from the rank of colonel or naval captain, and other officers whose appointments
Whenever a majority of all the Members of the Cabinet transmit to the President are vested in him in this Constitution. He shall also appoint all other officers of the
of the Senate and to the Speaker of the House of Representatives their written Government whose appointments are not otherwise provided for by law, and those
declaration that the President is unable to discharge the powers and duties of his whom he may be authorized by law to appoint. The Congress may, by law, vest
office, the Vice-President shall immediately assume the powers and duties of the the appointment of other officers lower in rank in the President alone, in the courts,
office as Acting President. or in the heads of departments, agencies, commissions, or boards.
Thereafter, when the President transmits to the President of the Senate and to The President shall have the power to make appointments during the recess of the
the Speaker of the House of Representatives his written declaration that no Congress, whether voluntary or compulsory, but such appointments shall be
inability exists, he shall reassume the powers and duties of his office. Meanwhile, effective only until disapproved by the Commission on Appointments or until the
should a majority of all the Members of the Cabinet transmit within five days to next adjournment of the Congress.
the President of the Senate and to the Speaker of the House of Representatives, Section 17. The President shall have control of all the executive departments,
their written declaration that the President is unable to discharge the powers and bureaus, and offices. He shall ensure that the laws be faithfully executed.
duties of his office, the Congress shall decide the issue. For that purpose, the Section 18. The President shall be the Commander-in-Chief of all armed forces of
Congress shall convene, if it is not in session, within forty-eight hours, in the Philippines and whenever it becomes necessary, he may call out such armed
accordance with its rules and without need of call. forces to prevent or suppress lawless violence, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it, he may, for a period not ARTICLE VIII
exceeding sixty days, suspend the privilege of the writ of habeas corpus or place JUDICIAL DEPARTMENT
the Philippines or any part thereof under martial law. Within forty-eight hours Section 1. The judicial power shall be vested in one Supreme Court and in such
from the proclamation of martial law or the suspension of the privilege of the writ lower courts as may be established by law.
of habeas corpus, the President shall submit a report in person or in writing to Judicial power includes the duty of the courts of justice to settle actual
the Congress. The Congress, voting jointly, by a vote of at least a majority of all controversies involving rights which are legally demandable and enforceable, and
its Members in regular or special session, may revoke such proclamation or to determine whether or not there has been a grave abuse of discretion amounting
suspension, which revocation shall not be set aside by the President. Upon the to lack or excess of jurisdiction on the part of any branch or instrumentality of the
initiative of the President, the Congress may, in the same manner, extend such Government.
proclamation or suspension for a period to be determined by the Congress, if the Section 2. The Congress shall have the power to define, prescribe, and apportion
invasion or rebellion shall persist and public safety requires it. the jurisdiction of the various courts but may not deprive the Supreme Court of its
The Congress, if not in session, shall, within twenty-four hours following such jurisdiction over cases enumerated in Section 5 hereof.
proclamation or suspension, convene in accordance with its rules without need No law shall be passed reorganizing the Judiciary when it undermines the security
of a call. of tenure of its Members.
The Supreme Court may review, in an appropriate proceeding filed by any Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the
citizen, the sufficiency of the factual basis of the proclamation of martial law or Judiciary may not be reduced by the legislature below the amount appropriated for
the suspension of the privilege of the writ or the extension thereof, and must the previous year and, after approval, shall be automatically and regularly
promulgate its decision thereon within thirty days from its filing. released.
A state of martial law does not suspend the operation of the Constitution, nor Section 4.
supplant the functioning of the civil courts or legislative assemblies, nor authorize 1.
the conferment of jurisdiction on military courts and agencies over civilians where The Supreme Court shall be composed of a Chief Justice and fourteen
civil courts are able to function, nor automatically suspend the privilege of the Associate Justices. It may sit en banc or in its discretion, in division of
writ. three, five, or seven Members. Any vacancy shall be filled within ninety
The suspension of the privilege of the writ shall apply only to persons judicially days from the occurrence thereof.
charged for rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or
2.
detained shall be judicially charged within three days, otherwise he shall be 3.
released. All cases involving the constitutionality of a treaty, international or
Section 19. Except in cases of impeachment, or as otherwise provided in this executive agreement, or law, which shall be heard by the Supreme Court
Constitution, the President may grant reprieves, commutations, and pardons, en banc, and all other cases which under the Rules of Court are required
and remit fines and forfeitures, after conviction by final judgment. to be heard en banc, including those involving the constitutionality,
He shall also have the power to grant amnesty with the concurrence of a majority application, or operation of presidential decrees, proclamations, orders,
of all the Members of the Congress. instructions, ordinances, and other regulations, shall be decided with the
Section 20. The President may contract or guarantee foreign loans on behalf of concurrence of a majority of the Members who actually took part in the
the Republic of the Philippines with the prior concurrence of the Monetary Board, deliberations on the issues in the case and voted thereon.
and subject to such limitations as may be provided by law. The Monetary Board 4.
shall, within thirty days from the end of every quarter of the calendar year, submit 5.
to the Congress a complete report of its decision on applications for loans to be
Cases or matters heard by a division shall be decided or resolved with the
contracted or guaranteed by the Government or government-owned and
concurrence of a majority of the Members who actually took part in the
controlled corporations which would have the effect of increasing the foreign
deliberations on the issues in the case and voted thereon, and in no case
debt, and containing other matters as may be provided by law.
without the concurrence of at least three of such Members. When the
Section 21. No treaty or international agreement shall be valid and effective
required number is not obtained, the case shall be decided en banc:
unless concurred in by at least two-thirds of all the Members of the Senate.
Provided, that no doctrine or principle of law laid down by the court in a
Section 22. The President shall submit to the Congress, within thirty days from
decision rendered en banc or in division may be modified or reversed
the opening of every regular session as the basis of the general appropriations
except by the court sitting en banc.
bill, a budget of expenditures and sources of financing, including receipts from
existing and proposed revenue measures. 6.
Section 23. The President shall address the Congress at the opening of its Section 5. The Supreme Court shall have the following powers:
regular session. He may also appear before it at any other time. 1.
Exercise original jurisdiction over cases affecting ambassadors, other uniform for all courts of the same grade, and shall not diminish, increase,
public ministers and consuls, and over petitions for certiorari, prohibition, or modify substantive rights. Rules of procedure of special courts and
mandamus, quo warranto, and habeas corpus. quasi-judicial bodies shall remain effective unless disapproved by the
2. Supreme Court.
3. 10.
Review, revise, reverse, modify, or affirm on appeal or certiorari, as the 11.
law or the Rules of Court may provide, final judgments and orders of Appoint all officials and employees of the Judiciary in accordance with the
lower courts in: Civil Service Law.
4. 12.
1. Section 6. The Supreme Court shall have administrative supervision over all
All cases in which the constitutionality or validity of any treaty, courts and the personnel thereof.
international or executive agreement, law, presidential decree, Section 7.
proclamation, order, instruction, ordinance, or regulation is in 1.
question. No person shall be appointed Member of the Supreme Court or any lower
2. collegiate court unless he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty years of age, and
3. must have been for fifteen years or more, a judge of a lower court or
All cases involving the legality of any tax, impost, assessment, engaged in the practice of law in the Philippines.
or toll, or any penalty imposed in relation thereto.
2.
4.
3.
5. The Congress shall prescribe the qualifications of judges of lower courts,
All cases in which the jurisdiction of any lower court is in issue. but no person may be appointed judge thereof unless he is a citizen of the
6. Philippines and a member of the Philippine Bar.
7. 4.
All criminal cases in which the penalty imposed is reclusion 5.
perpetua or higher. A Member of the Judiciary must be a person of proven competence,
8. integrity, probity, and independence.
9. 6.
All cases in which only an error or question of law is involved. Section 8.
10. 1.
5. A Judicial and Bar Council is hereby created under the supervision of the
Assign temporarily judges of lower courts to other stations as public Supreme Court composed of the Chief Justice as ex officio Chairman, the
interest may require. Such temporary assignment shall not exceed six Secretary of Justice, and a representative of the Congress as ex officio
months without the consent of the judge concerned. Members, a representative of the Integrated Bar, a professor of law, a
6. retired Member of the Supreme Court, and a representative of the private
sector.
7.
Order a change of venue or place of trial to avoid a miscarriage of
2.
justice. 3.
8. 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
9. Appointments. Of the Members first appointed, the representative of the
Promulgate rules concerning the protection and enforcement of Integrated Bar shall serve for four years, the professor of law for three
constitutional rights, pleading, practice, and procedure in all courts, the years, the retired Justice for two years, and the representative of the
admission to the practice of law, the integrated bar, and legal assistance private sector for one year.
to the under-privileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be
4.
 5. Supreme Court, and, unless reduced by the Supreme Court, twelve months for all
The Clerk of the Supreme Court shall be the Secretary ex officio of the lower collegiate courts, and three months for all other lower courts.
Council and shall keep a record of its proceedings.
6. 2. A case or matter shall be deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum required by the Rules of Court or
7. by the court itself.
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 Council. 3. Upon the expiration of the corresponding period, a certification to this effect
signed by the Chief Justice or the presiding judge shall forthwith be issued and a
8. copy thereof attached to the record of the case or matter, and served upon the
9. parties. The certification shall state why a decision or resolution has not been
The Council shall have the principal function of recommending rendered or issued within said period.
appointees to the judiciary. It may exercise such other functions and
duties as the Supreme Court may assign to it. 4. Despite the expiration of the applicable mandatory period, the court, without
10. prejudice to such responsibility as may have been incurred in consequence
Section 9. The Members of the Supreme Court and judges of lower courts shall thereof, shall decide or resolve the case or matter submitted thereto for
be appointed by the President from a list of at least three nominees preferred by determination, without further delay.
the Judicial and Bar Council for every vacancy. Such appointments need no Section 16. The Supreme Court shall, within thirty days from the opening of each
confirmation. regular session of the Congress, submit to the President and the Congress an
For the lower courts, the President shall issued the appointment within ninety annual report on the operations and activities of the Judiciary.
days from the submission of the list.
Section 10. The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of lower courts shall be fixed by law. During the
continuance in office, their salary shall not be decreased.
Section 11. The Members of the Supreme Court and judges of the lower court
shall hold office during good behavior until they reach the age of seventy years
or become incapacitated to discharge the duties of their office. The Supreme
Court en banc shall have the power to discipline judges of lower courts, or order
their dismissal by a vote of majority of the Members who actually took part in the
deliberations on the issues in the case and voted in thereon.
Section 12. The Members of the Supreme Court and of other courts established
by law shall not be designated to any agency performing quasi-judicial or
administrative function.
Section 13. The conclusions of the Supreme Court in any case submitted to it
for the decision en banc or in division shall be reached in consultation before the
case the case assigned to a Member for the writing of the opinion of the Court. A
certification to this effect signed by the Chief Justice shall be issued and a copy
thereof attached to the record of the case and served upon the parties. Any
Member who took no part, or dissented, or abstained from a decision or
resolution must state the reason therefor. The same requirements shall be
observed by all lower collegiate court.
Section 14. No decision shall be rendered by any court without expressing
therein clearly and distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court
shall be refused due course or denied without stating the legal basis therefor.
Section 15.
1. All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from date of submission for the