Vous êtes sur la page 1sur 59

XAVIER UNIVERSITY ATENEO DE CAGAYAN

Chapter 7
Citizenship and Suffrage
By Mery Cericel A. Omongos

And when the votes reached two thirds, there was the usual applause, because the Pope had
been elected. And he [Cardinal Claudio Hummes] gave me a hug and a kiss, and said: Don't
forget the poor! And those words came to me: the poor, the poor. Then I thought of all the
wars, as the votes were still being counted, till the end How I would like a Church which is poor
and for the poor!
-Pope Francis

Leaning Outcome/s:
1. Understand and appreciate the Filipino citizenship.
2. Trace and discuss the determining factors of who are the citizens of the Philippines.
3. Understand and appreciate the right to suffrage.

Citizenship it is defined as a legal status that an individual has been registered
with the government in his country.
1

Nationality refers to the quality or character which arises from the fact of a
persons belonging to a nation or state.
2
It determines the political status of an
individual.
The 1987 Philippine Constitution provides that the following are the citizens of the
Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
2. Those whose fathers and mothers are citizens of the Philippines;
CHAPTER 7: CITIZENSHIP AND SUFFRAGE


XAVIER UNIVERSITY ATENEO DE CAGAYAN
2
3. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
4. Those who are naturalized in accordance with the law.
Who are the Natural Born Citizens?
Natural born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine
citizenship.
3

Citizenship may be acquired by:
1. Birth
2. Election
3. Naturalization
Citizenship by birth:
1. Jus soli- the basis of acquiring citizenship is the place of birth.
2. Jus sanguinis- the basis of acquiring citizenship is blood relationship.
Citizenship by election:
Children born before January 17, 1973 of Filipino mothers and fathers, who
are foreigners, are born aliens unless they elect Philippine citizenship upon
reaching the age of majority.
Naturalization:
The act of formally adopting a foreigner into the political body of the state
and clothing him with the rights and privileges of a citizen. (The New
Constitution: Banjamin Paulino:1990)
CHAPTER 7: CITIZENSHIP AND SUFFRAGE


XAVIER UNIVERSITY ATENEO DE CAGAYAN
3
Citizenship by naturalization is acquired through judgment of the court or by
direct act of Congress.
Section 2: Natural-born citizens are those who are citizens of the Philippines form
birth without having to perform any act to acquire or perfect their Philippine
citizenship. Those who elect Philippine citizenship in accordance with paragraph
3; section 1 hereof shall be deemed natural-born citizens.
This implies that a natural-born citizen of the Philippines is the one who has
been citizen of the Philippines since birth. If one loses his/her citizenship then he
can never be considered as a natural-born citizen of the Philippines even if
he/she has complied all the requirements prescribed by law to regain back
his/her citizenship.
Section III: Philippine Citizenship may be lost or reacquired in the manner
provided by law.
1. Loss of citizenship happened in the following instances:
a. Naturalization in a foreign country
b. Renunciation of citizenship
c. subscribing an oath of allegiance supporting the constitution or laws of
a foreign country;
d. rendering service to, or accepting commission in the armed forces of a
foreign country;
e. cancellation of the certificate of naturalization;
CHAPTER 7: CITIZENSHIP AND SUFFRAGE


XAVIER UNIVERSITY ATENEO DE CAGAYAN
4
f. Declared by competent authority a deserter in the army in times of
war.
2. Reacquisition of Citizenship:
a. Naturalization;
b. Repatriation of deserters in the army or navy;
c. Direct act of congress.
3. Repatriation- done by merely taking an oath of allegiance to the
Republic of the Philippines and registering the same in the proper civil
registry.
Section IV: Citizens of the Philippines who marry aliens shall retain their
citizenship, unless by their act or omission they are deemed, under the law, to
have renounced it.
This means that a marriage to a foreigner does not abandon the
citizenship of a Filipino citizen. This applies to both male and female. This is true
even if under the laws of the country of the foreigners, citizens of the Philippines
who are married to them shall acquire their citizenship.
Section V. Dual Allegiance of the citizens is inimical to the national interest and
shall be dealt with by law.
Dual Allegiance- it refers to double loyalty of those who have embraced
Philippine citizenship but still retaining their allegiance to their mother countries is
disadvantageous to the national interest and shall be dealt with by law.

CHAPTER 7: CITIZENSHIP AND SUFFRAGE


XAVIER UNIVERSITY ATENEO DE CAGAYAN
5
Article V- SUFFRAGE
Section 1: Suffrage may be exercised by all citizens of the Philippines not
otherwise disqualified by law, who are at least eighteen years of age, and who
shall have resided in the Philippines for at least one year and in the place
wherein they propose to vote for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement shall be
imposed on the exercises of suffrage.
Suffrage- is the right to vote in political matters on public elections. It includes
Election, Plebiscite, Referendum, Initiative and Recall.
1. Election refers to the act of choosing or selecting one or more from a
greater number of persons, things, courses, or rights.
4
It is a sovereign act
of the people wherein they chooses public officials whom they entrust the
exercise of the governmental powers.
2. Plebiscite refers to the electoral process by which an initiative on the
Constitution is approved or rejected by the people.
3. Referendum is the power of the electorate to approve or reject legislation
through an election called for the purpose.
5
There are two classes of
referendum namely:
i. Referendum on statutes which refers to a petition to approve or reject an
act or law, or part thereof, passed by Congress; and
CHAPTER 7: CITIZENSHIP AND SUFFRAGE


XAVIER UNIVERSITY ATENEO DE CAGAYAN
6
ii. Referendum on local law which refers to a petition to approve or reject
a law, resolution or ordinance enacted by regional assemblies and local
legislative bodies.
6

4. Initiative is the power of the people to propose amendments to the
Constitution or to propose and enact legislations through an election
called for the purpose.
7

Types of Initiative:
i. Initiative on the Constitution which refers to a petition proposing
amendments to the Constitution;
ii. Initiative on statutes which refers to a petition proposing to enact a
national legislation; and
iii. Initiative on local legislation which refers to a petition proposing to
enact a regional, provincial, city, municipal, or barangay law,
resolution or ordinance.
8

5. Recall refers to the manner of removing a public officer from the office
before the expiration of his term given that a required percentage of the
registered voter signed the petition for recall.
Who are the qualified voters under the 1987 Constitution?
1. Citizens of the Philippines (natural-born or naturalized);
2. Not otherwise disqualified by law;
CHAPTER 7: CITIZENSHIP AND SUFFRAGE


XAVIER UNIVERSITY ATENEO DE CAGAYAN
7
3. 18 years or over;
4. Resided in the Philippines for at least 1 year and in the place where
they propose to vote for not less than six (6) months immediately
preceding the election.
Note that there is no literacy, property, or other substantive requirement is
imposed on the exercised of the suffrage. Hence, illiterates who are qualified
registered voters are as well allowed to vote.
Republic Act No. 9189 otherwise known as AN ACT PROVIDING FOR A SYSTEM OF
OVERSEAS ABSENTEE VOTINGBY QUALIFIED CITIZENS OF THE PHILIPPINES
ABROAD,APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES provided that
the following persons are disqualified to vote:
1. Those who have lost their Filipino citizenship in accordance with Philippine
laws;
2. Those who have expressly renounced their Philippine citizenship and who
have pledged allegiance to a foreign country;
3. A person sentence d by final judgment to suffer imprisonment for not less
than 1 year. Such person shall automatically reacquire the right to vote
upon expiration of 5 years after service of the sentence;
4. Any person adjudged by final judgment of competent court of having
committed any crime involving disloyalty to the duly constituted
government of sedition, rebellion, violation of the anti-subversion and
CHAPTER 7: CITIZENSHIP AND SUFFRAGE


XAVIER UNIVERSITY ATENEO DE CAGAYAN
8
firearms laws, o any crime against national security, unless restored to his
full civil and political rights in accordance with the law;
5. Insane and incompetent persons as declared by competent authority.
Section 2: The Congress shall provide a system for securing the secrecy and
sanctity of the ballots as well as a system for absentee voting by qualified
Filipinos abroad.
The secrecy and sanctity of ballots are very important in order to give the voters
to exercise their right freely, without undue influenced, intimidations or threat
and as well as to provide a fair and honest count of the ballots.


CHAPTER 7: CITIZENSHIP AND SUFFRAGE


XAVIER UNIVERSITY ATENEO DE CAGAYAN
9
ENDNOTES
XAVIER UNIVERSITY ATENEO DE CAGAYAN
Chapter 8
The Three Branches of Government
By Mery Cericel A. Omongos

When leaders in various fields ask me for advice, my response is always the same: dialogue,
dialogue, dialogue. The only way for individuals, families and societies to grow, the only way for
the life of peoples to progress, is via the culture of encounter, a culture in which all have
something good to give and all can receive something good in return.
-Pope Francis

Leaning Outcome/s:
1. Discuss and evaluate the structure and function of the three branches of government
2. Describe and assess how congress formulates a bill.

Qualifications


President

Vice
President

Senators

Congressme
n

Justices of the
Supreme Court

Citizenship


Natural-Born

Natural-Born

Natural-Born

Natural-born

Natural Born
Age
At least 40
years old on
the day of
the election
At least 40
on the day
of the
election
At least 35
years old on
the day of
the election
At least 25
years old on
the day of
the election
At least 40
years old on
the day of the
appointment


Education


Able to read
and write


Able to read
and write


Able to read
and write


Able to read
and write
Must have
been 15 years
or more judge
in the lower
court and
engaged in the
practice of law
in the
Philippines.

CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
11


Residency



Not less than
10 years

Not less than
10 years

Not less than
2 years

Not less than
1 year
N.A.
Term of
Office/retire
ment age
6 years
(maximum
of 1 term)
6 years
(maximum
of 2
consecutive
terms)
6years
(maximum
of 2
consecutive
terms)
3 years
(maximum
of 3
consecutive
terms)


70 years old

Manner or
electing


At large

At large

At large

by district
(party-list is
by sector)

By
appointment

Legislative Department
What is legislative?
Refers to the power or performing the function of legislating or an act of
making, amending or altering and repealing laws.
1

What is Legislative Power?
It refers to the power of lawmaking, the framing and enactment of laws. It
takes effect through the adoption of bill or a proposed bill and once approved,
becomes a statute. A statue is a written will of the legislature.
Structure of the Legislative
There are two basic structure of the Legislative Branch of government: the
Unicameral and the Bicameral System. A Unicameral System consists of only one
body/house while the Bicameral System consists of two bodies/houses. The
Philippines Congress is under a Bicameral System comprises of two houses
namely the House of Senate and the House of Representatives.
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
12

Legislative Department
Article XI, section 1 of the 1987 Constitution provides that the Legislative Power
shall be vested in the Congress of the Philippines which shall consist of the House
of Senate and House of Representative
The House of Senate otherwise known as the Upper House shall compose
of 24 senators elected at large.
The House of Representatives otherwise known as the Lower House shall
compose of 250 members who shall be elected from respective districts.
Composition of the House of Senate
There are 24 senators elected at large by the qualified and registered
voters of the Republic of the Philippines.
Composition of the House of Representatives
The House of Representative shall be composed of not more than 250
members unless otherwise fixed by law. There are two types of composition: The
District Representative (Congressman) who is elected directly and personally
from the territorial unit he is seeking to represent and the Party-List
Representatives who are chosen indirectly through the party he represents
which the one is voted for by the electorate. The voter shall vote for the party
itself and not for its individual candidates. The Party-list representatives constitute
the 20% of the total membership of the House of Representatives.
Election:
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
13
Unless otherwise provided by law, regular election shall be held on the 2
nd

Monday of May beginning, May 1987. In case of vacancy in the Senates or
House of Representatives, a special election may be called to fill such vacancy
in the manner prescribed by law but the Senator or member of the House of
Representative thus elected shall only serve for the unexpired term.
Congressional Privileges: (Sec 11)
1. Privilege from Arrest
No Senator or member of the House of Representatives shall be arrested
while the Congress is in session provided that the offense committed is not
punishable by more than six years of imprisonment.
2. Privilege from Debate
No members of the Congress shall be held liable in any other place for
any speech or debate in the Congress or in any committee thereof.
All members of the Senate and House of Representatives shall, upon assumption
of office, make a full disclosure of their financial and business interest. (Section
12). This is in pursuant to the Rules Implementing the Code of Conduct and
Ethical Standards of the Public Officials.


Regular Session
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, and
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
14
shall continue to be in session for such number of days as it may determine until
thirty days before the opening of its next regular session, exclusive of Saturdays,
Sundays and Legal Holidays. The President may call a special session any time.
Quorum
Section 16 (2). A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and may
compel the attendance of absent Members in such manner, and under
such penalties, as such House may provide.
A quorum is defined as the smallest number which should be present in
order to formally transact business. In our Philippine Constitution, it is
required that the quorum should compose of the majority of all the
members of the house.
Legislative Journal
Section 16 (4). Each house shall keep a journal of its proceedings, and
from time-to-time publish the same, excepting such parts as may, in its
judgment, affect national security; and the yeas and nays on any question shall,
at the request of one-fifth of the members present, be entered in the journal.


Electoral Tribunal
Purpose of creation: They are the sole judge of all contests relating to the
election, returns, and qualifications of the respective members.
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
15
Composition:
The Electoral Tribunal shall compose of nine members, 3 are justices of the
Supreme Court, and the remaining six shall be members of the Senate or the
House of Representatives.
Commission on Appointments
Purpose of creation:
They shall act on all appointments submitted to it within thirty session days of the
congress from their submission. They shall rule by a majority vote of all the
members. The Chairman of the Commission shall not vote except in case of a
tie.
Composition:
The Commission on Appointments shall compose of the President of the Senate
as ex-officio chairman, 12 senators and 12 members of the House of the
Representatives.
Procedure in the approval of bills:
1. A BILL is introduced by any member of the Senate or the House of
Representatives. It will go through three readings done on a separate
days.
2. 1
st
Reading: The first reading involves only the reading of the number and
the title of the measure and its referral to the senate president or speaker
of the house or to the proper committee for study.
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
16
3. 2
nd
Reading: If the committee supports the bill then it shall be calendared
for the second reading. It is in this state where the bill shall be read in its
entirety, scrutinized and debated upon. Amendments are made if desired
or necessary.
4. 3
rd
Reading: if the bill is approved on second reading, the same shall be
printed in its final form and copies of it will be distributed to the senators or
congressmen 3 days before the scheduled date of the 3
rd
reading. On the
3
rd
reading, the members merely vote and that no further debate is
allowed. Once the bill is approved by both houses, it shall now be
regarded as enrolled bill.
When does a bill may become a law?
1. When the President signs it;
2. When the president vetoes it but the veto power is overridden by 2/3 vote
of all the members of each House; and
3. When the President does not act upon the measure within 30 days after it
shall have been presented to him.
Veto Power- is the power of the President to refuse to sign a bill passed by
Congress.

Effectivity of Laws:
1. Date fixed by law
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
17
2. No date fixed by law- under the present law, if no date is fixed, a law shall
take effect15 days after its publication on the Official gazette.
Powers of the Congress:
1. The Power of Appropriation
i. It refers to the power of the Congress to release public funds from
the treasury.
2. To enact laws, including appropriation and taxation measures
3. To conduct legislative inquiries
4. To request heads of various departments to appear before it
5. To act as Board of Canvassers for the presidential elections
6. To call for special election for presidency and vice-presidency
7. To declare war and delegate emergency powers
8. To revoke or extend the privilege of the writ of habeas corpus
9. To impeach the president, vice-president, members of the Supreme Court
of the Philippines, members of the Constitutional Commission and the
Ombudsman.




Party-List:
What is a party-list system?
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
18
A party list is a representation of the marginalized or underrepresented
national, regional or sectoral parties registered in the Commission on Election
(COMELEC). You are voting for an organization not a person.
The Constitution provides that the party-list representatives shall constitute
twenty per centum of the total number of representatives including those under
the party-list. For three consecutive terms after the ratification of this Constitution,
one-half of the seats allocated to party-list representatives shall be filled, as
provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as may
be provided by law, except the religious sector.
2

Note that in the constitution, 50 seats in the House of Representatives are
reserved for the Party list. Those which will receive 2% or more of the total votes
which voted for the party list is entitled to a one seat but no party list group shall
obtained more than 3 seats.







CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
19

Manner of computing the votes of the party-list

% share to the total votes voting for the party-list:

Total votes obtained by Party list__ x 100% = _______%
Total votes who voted for party list


Example:
1,000,000____ x 100% = 5%
20,000,000




Say for example, there are 47 remaining seats,
1. If party list A has 5 % of Total votes who voted then 5% x 47 = 2.35, then
PT-A is given 2 additional seats.
2. If party list B has 3% of total votes who voted then 3% x 47 = 1.41, then
PT-B is given 1 additional seat.
3. If party list C has 2% of total votes who voted then 2% x 47 = 0.94, then
PT-C is not given any additional seat.




CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
20

EXECUTIVE DEPARTMENT
What is Executive power?
Executive power is the power to administer the laws, which is meant
carrying them into practical operation and enforcing their due observance.
Thus, to see that laws are faithfully executed is an executive duty.
3

Section 3. There shall be Vice-President who shall have the same qualifications
and term of office and be elected with and in the same manner as the
President. He may be removed from office in the same manner as the President.
Election:
Both the President and the Vice-President shall be elected by direct vote
of the qualified and registered voter. Unless otherwise provided by law,
the regular election for President and Vice President shall be held on the
2
nd
Monday of May. (Sec 4, par. 1)
Manner of Removing from office
The President and the Vice-President may be removed from office through
impeachment. Article XI of the 1987 Constitution provides that the following
grounds shall be the paramount consideration in removing the President from
office:
1. Culpable violation of the Constitution;
2. Treason
3. Bribery
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
21
4. Graft and Corruption
5. Other High Crimes
6. Betrayal of Public Trust
Can the President and Vice-president eligible for reelection?
1. The President shall not be eligible for any reelection. No person who was
succeeded as the President and has served for more than 4 years shall be
qualified for reelection to the same office at any time. But if such person is
4 years or less, then the person who ascended to the presidency by way
of succession is eligible and qualified to run for reelection.
2. The Vice-President shall not serve for more than 2 consecutive terms. After
serving 2 successive terms, he can no longer run for Vice-President, but he
is still eligible for reelection as President. It should be understood that the
prohibition provided is only for 2 successive terms so if not successive, the
Vice-President may be elected for any number of terms.
3. Voluntary renunciation of the Office of the Vice-President for any length
of time shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected. Thus, a Vice President
who may have renounced or resigned his office shall be deemed to have
served the full 6 years term.



CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
22

Official residence of the President:
The President shall have an official residence which shall be provided to him by
the law. The Malacaang Palace is the official residence of the President of the
Philippines.
Presidential succession before assumption of office by the President-elect: (Art.
VII, Sec.7)
When does a Vice-President-elect shall act as President?
If the President-elect fails to qualify
If the President-elect shall not have been chosen
When does the Vice-President-elect shall become President?
In case of death
In case of permanent disability
When does the Senate President shall act as President?
Where no President and Vice-President shall have been chosen
Where no president and Vice-President shall have qualified
Where both President and Vice-President shall have died
Where both President and Vice-President shall become permanently
disabled.
When does the Speaker of the House of Representatives shall act as the
President?
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
23
1. In case of inability of the Senate President to act as President where no
President and Vice-President shall have been chosen or shall have
qualified or where both shall have died or become permanently disabled.
2. Death, permanent disability, or inability of the Speaker of the House of
Representative to act as President:
Congress is mandated by the Constitution to provide by law the
manner in which the person who is to act as President shall be selected until
a President or Vice-President shall have qualified, in case of death,
permanent disability, or inability of the Speaker of the House of
Representatives.
Presidential succession after assumption of office by the President-elect: (Art. VII,
Sec.8)
A. When does the Vice-President shall become the President?
1. In case of death
2. Permanent disability
3. Removal from office of the President (impeached)
4. Resignation of the President
B. When does the Senate President shall act as the President?
1. In case of death of both the President and the Vice President
2. Permanent disability of both President and the Vice-President
3. Removal from the office of both President and Vice-President
4. Resignation of both President and Vice-President
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
24
C. When does the Speaker of the House shall act as President?
1. In case of the inability of the Senate President to act as President
D. In case of death, permanent disability, or resignation of the Acting
President (Speaker of the House of Representatives), the following shall be
taken:
1. Congress is mandated by the Constitution to provide by law
who shall serve as President. He shall then serve until the
President and the Vice President shall have been elected
and qualified, and be subjected to the same restrictions of
powers and disqualifications as the Acting President.
The Vice President who becomes President by succession only serves of the
unexpired term.
Art. VII, Sec.9. Whenever there is vacancy in the Office of the Vice-President
during the term for which he was elected, the President shall nominate a Vice-
President from among the members of the Senate and the House of
Representatives who shall assume office upon confirmation by the majority vote
of all the Members of both houses of the Congress.
o Thus, when vacancy occurs in the Office of the Vice-President, then
the President will automatically nominate any members in the
Congress who shall assume office by verification of the majority
votes. However, cases wherein there is vacancy in the Office of
both President and Vice-President, then the congress shall convene
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
25
and enact a law calling for special election to elect the President
and Vice President. (Section 10)
o The congress shall convene at 10:00 oclock in the morning of the
third day after the vacancy in the office of the President and Vice-
President. They will convene without need of a call and within seven
(7) days enact a law calling for a special election to elect the
President and Vice President. The special election shall be held not
earlier than 45 days and not later than 60 days from the tine if the
call for special election. Special election shall not be called if the
vacancy in the offices of the President and Vice-President occurs
within 18 months before the date of the next presidential election.
Disqualifications of the President, Vice President, Members of the Cabinet and
their deputies or assistants: (Art. 7, sec. 13)
1. They shall not hold any office or employment during the tenure unless
otherwise provided in the Constitution;
2. They shall not, during their tenure, directly or indirectly, practice any other
profession;
3. They shall not, during their tenure, directly or indirectly, participate in any
business
4. They shall not, during their tenure, directly or indirectly, be financially
interested in any contract with, or in any franchise, or special privilege
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
26
granted by the Government or any subdivision, agency, or instrumentality
thereof, including government owned or controlled corporation;
5. They shall, during their tenure, strictly avoid conflict of interest in the
conduct of their office.
Conflict of Interest
The President cannot, during his tenure, appoint his or her spouse and
relatives by consanguinity or affinity within fourth civil degree as:
1. Members of the Constitutional Commission.
2. Office of the Ombudsman.
3. Secretaries.
4. Undersecretaries.
5. Chairmen or heads of bureaus or offices, including government-owned or
controlled corporations and their subsidiaries
What are the powers of the President as granted by the Philippine Constitution?
Appointment and removal power- it is the power of the President to
choose or to select an individual who is capable of exercising the functions of a
given office. The following officials are appointed by the President and some of
these appointments need the confirmation of the Commission on Appointments:
1. Heads of the executive departments (Secretaries and
Undersecretaries), this appointment needs confirmation by
the Commission of Appointments.
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
27
2. Ambassadors, consuls and public ministers (to be confirmed
by the Commission on Appointments)
3. Officers of the Armed Forces of the Philippines from the rank
of Colonel or Naval Captain (to be confirmed by the
Commission on Appointments)
4. Chief Justice and Justices of the Supreme Court (no
confirmation needed)
5. Presiding justices of the Court of Appeals, Sandiganbayan (no
confirmation needed)
6. Justices/Judged of the Judiciary (no confirmation needed)
7. Chairmen/commissioners of the Constitutional Commissions
(to be confirmed by the Commission on Appointments)
8. Officers of the government, which appointments are not
otherwise provided by law. (no confirmation needed)
Together with the power to appoint is the power to remove officials
appointed by him. However, not all officials appointed by him are also
removable by him. Members of the Supreme Court and constitutional
commission though appointed by the President, but can be removed only
through impeachment.
Control Power- it is the power of the President to control and supervised the
executive departments, bureaus and offices. It also includes the general
supervision over local governments. (Art.VII, Sec.17)
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
28
Military Power- the power of the President being the Commander-in-Chief of the
Armed Forces of the Philippines. The military power enables the President to:
1. Command all the armed forces of the Philippines
2. Suspend the privilege of the writ of Habeas corpus. The suspension of the
privilege of the writ applies only to persons facing charges connected to
rebellion or connected with rebellion.
3. Declare martial law
Martial law in it strict sense, refers to that law which has application
when the military arm does not supersede civil authority but is called upon to
aid it in the execution of its civil function.
4

The declaration of martial law should not exceed more than 60 days but
upon the initiative of the President, the congress may extend such
proclamation for a period to be determined by the Congress the invasion or
rebellion shall persist and public safety requires it.
Pardoning Power (Article VII, Sec, 19)
Pardon- it is an act of grace which exempts the individual of whom it is
bestowed from punishment which the law inflicts for the crime he has
committed.
Commutation- is a reduction or mitigation of the cruelty or penalty.
(Example: Reclusion perpetua is reduced to 14 years imprisonment)
Reprieve- is merely a postponement of a sentence to a date certain, or a
stay of execution
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
29
Amnesty- Is the sovereign act of forgiveness for the past acts or offenses to
certain persons who committed political offences such as treason, sedition and
rebellion.
Borrowing Power- this power allows the President to contract or guarantee
foreign loans in behalf of the Republic of the Philippines but subject however to
the prior concurrence of the Monetary Board and subject to such limitations as
may be provided by law.
Diplomatic Power- this gives the President the capacity to deal with foreign
states and government, extend or withhold recognition, maintain diplomatic
relations, enter treaties, and otherwise transact the business of foreign relations.
This is also the power to conclude treaties on the other had must be concurred
by at least two-thirds of all the members of the Senate to make it valid and
effective. (Section 21)
Budgetary Power-
As provided in Section 22, The President shall submit to the congress
within 30 days from the opening of every regular session, as the basis of the
general appropriations bill, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures.
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
30
Informing Power- the informing power of the President is usually discharged by
him in the State of the Nation Address (SONA) delivered at the opening of the
regular session of Congress.
Other powers include:
1. Call to congress to a special session
2. To approve or veto bills
3. To consent to the deputization of government personnel by the
COMELECY
4. To discipline its deputies
5. Exercise emergency power
6. Tariff powers.

Article VIII- JUDICIAL DEPARTMENT
Section 1: The Judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
Judicial power- it refers to the duty of the courts of justice to settle actual
controversies involving rights, which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction. Judicial power is the authority
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
31
exercised by the department of government which is charged with the
declaration of what the law is and its construction so far as it is written law
(Santiago vs. Bautista 63 SCRA 618). The main duty of the Judiciary is to interpret
the laws for proper understanding among the constituents so as not to create
indistinct meaning and interpretations on a certain law. Furthermore, Judicial
power also is the power to hear and decide cases pending between parties
who have the right to sue and be sued in the courts of law and equity (Lamb vs.
Phipps 22 Phil. 559). Judicial power is vested in the Supreme Court and in such
lower courts as may be established by law.
Organization of Courts:
1. Supreme Court which is composed of a Chief Justice and 14 Associate
Justices;
2. Court of Appeals which is composed of a Presiding Justices and 50
Associate Justices operating in 17 divisions each comprising 3 members;
3. Regional Trial Court presided by 720 Regional RTC Judges in each of the
13 regions of the country;
4. Metropolitan Trial Courts in Metropolitan areas established by law;
5. Municipal Trial Courts in municipalities and cities not comprised within a
metropolitan area.
Special Courts under the Philippine Judicial System:
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
32
1. Court of Tax Appeals- has exclusive appellate jurisdiction to review on
appeal decisions of the Commissioner of Internal Revenue on tax cases
and decisions of the Commissioner of Customs on Customs duties;
2. Sandigangbayan
3. Sharia- Courts for Muslims

Section 2: The Congress shall have the power to define, prescribe and
apportion the jurisdiction of the various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated hereof.
Jurisdiction of Courts:
Jurisdiction is the power of the courts to hear, try and decide cases and
issue orders
5
.
Composition of the Supreme Court (Section 4)
The Supreme Court shall be composed of a Chief Justice and 14
Associate Justices.

Appointments: (Section 9)
The members of the Supreme Court and judges of the lower courts shall
be appointed by the President from a list of at least three nominees prepared by
the Judicial and Bar Council for every vacancy. Such appointments need no
confirmation. For the lower courts, the President shall issue the appointment
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
33
within 90 days from the submission of the list. Any vacancy in the Supreme Court
shall be filled within 90 days from the occurrence thereof.
Judicial and Bar Council (Section 8): its principal function is to recommend
appointees to the Judiciary. The Supreme Court may assign to it other functions
and duties. The composition of the JBR is composing of Ex officio and regular
members.

a. Ex officio Members:
i. Chief Justice of the Supreme Court as ex officio chairman.
ii. Secretary of Justices as ex officio member.
iii. A representative of Congress as ex officio member
b. Regular Members:
i. A representative of the Integrated Bar
ii. A professor of Law
iii. A retired member of the Supreme Court
iv. A representative of the private sector
Note that the regular members of the Judicial and bar Council shall be
appointed by the President with the consent of the Commission on
Appointments.
Manner of Removing from Office:
A. Justices of the Supreme Court:
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
34
1. Justices of the Supreme Court may be removed from office, on
impeachment for, and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption, other high crimes,
or betrayal of public trust;
2. Incapacity to discharge duties of their office, such as insanity or when
one is completely paralyzed.
B. Judges of the lower courts:
1. They may be removed from office as provided by law, but not through
impeachment.
2. Incapacity to discharge the duties of their office, such as insanity or if
one in completely paralyzed.
Powers of the Supreme Court:
Section 5. The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
2. Review, revised, reverse, modify, or affirm on appeal or certiorari, as
the law of the Rules of Court may provide, final judgments and orders
of lower courts in:
a. All cases in which the constitutionality or validity or any treaty,
international or executive agreement, law, presidential decree,
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
35
proclamation, order, instruction, ordinance, or regulation is in
question.
b. All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.]
c. All cases which the jurisdiction of any lower courts is in issue.
d. All criminal cases in which the penalty imposed is reclusion
perpetua or higher
e. All cases in which only an error or question of law is involved.
3. Assign temporary judges of lower courts to other stations 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 of 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 underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases. Shall
be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rule of procedure of special
courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
36
6. Appoint all officials and employees of the judiciary in accordance with
the Civil Service Law.
Key terms:
1. Certiorari- an order issued by a superior court commanding a lower court,
board or officer exercising judicial functions, to transmit the records of a
case to the superior court for judicial review. (Section 1, Rule 65)
2. Prohibition- an order issued by a superior court to a lower court, board or
person acting without or in excess of its jurisdiction, or with grave abuse of
discretion to stop, cease and desist from further proceedings in the action
or matter specified therein, or otherwise granting such incidental reliefs as
law and justice may require. (Section 2, Rule 65)
3. Mandamus- an order issued by a superior court commanding lower courts
or corporation, board of person to perform a certain act in accordance
with its duty. (Section 3, Rule 65)
4. Habeas Corpus- an order of court with its object of bringing the body of a
person illegally detained or confined in which such person is deprive of his
liberty. (Section 1, Rule 102)
5. Judicial Review The Power of the Supreme Court to interpret the
constitution and pass upon the Constitutionality of the acts of the
legislative and executive departments.
How decisions of the Supreme Court reached (Section 13)
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
37
The decisions or conclusions of the Supreme Court in any case submitted
to it for decision en banc or in division shall be reached in consultation
before the case is assigned to a Member for the writing of the opinion of
the Court.
Annual Report: (Section 16)
The Supreme Court shall, within 30 days from the opening of each regular
of the Congress, submit to the President and the Congress an annual report on
the operations and activities of the Judiciary.

Salary: (Section 10)
The salary of the Chief Justice and Associate Justices of the Supreme
Court and of the judges of the lower courts shall be fixed by law. During their
tenure of office their salary shall not be decreased.

CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
38
ENDNOTES
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
39
"The Constitutional Commissions, which shall be independent, are the Civil
Service Commission, Commission on Elections, and the Commission on Audit."
Chapter 9
Constitutional Commissions
By John Mark H. Nuncio

"When professionalism is lacking, there is a slow drift downwards towards mediocrity."
-Pope Francis

Leaning Outcome/s:
1. Identify the Constitutional Commissions that were created by the Philippine Constitution
of 1987.
2. Compare and contrast the functions and powers exercised by the Constitutional
Commissions.

Chapter 8 discussed the three branches of government which mirrors one
of the principles of a republican and democratic state-- the Principle of
Separation of Powers. The various branches represent the powers of execution,
legislation and interpretation of the laws as represented by the Office of the
President, the Congress, and the Supreme Court respectively. On the other
hand, this chapter will discuss the other bodies which were also created by the
organic law to perform important functions related to the administration of the
government.
The Triumvirate
Section 1 of Article IX expresses the establishment of three Constitutional
Commissions which must exist as independent bodies performing notable
governmental functions. The first is the personnel office of the government, the
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
40
The Constitutional
Commissions:

1. Civil Service
Commission
2. Commission on
Elections
3. Commission on
Audit

second the auditing office, and the third is charged with the administration of all
important electoral process.
xiv
In addition, the present Constitution emphasizes
that these constitutional commissions will be independent which means that
they are not under the control of any governmental branch in terms of hierarchy
and that in the performance of their functions, the executive, legislative, and
judiciary cannot easily intervene and must respect the integrity that was
granted by the fundamental law to them.
Before, specifically in the 1935 Constitution, the
Civil Service Commission was not included among the
constitutional bodies. It was the 1973 text that
established it as a constitutional commission. Both the
Commission on Elections and the Commission on
Audit were already in operation as constitutional bodies during the regime of
the 1935 Constitution but the difference is that the Commission on Audit
assumed the name of General Auditing Office at that moment.
To maintain the independence and integrity of the three Constitutional
Commissions, Article IX enshrines the following safeguards:
1. These bodies are created by the Constitution itself and may not be
abolished by statute.
xv

The first guarantee is a limitation on the side of the legislative department
with regards to its power of making laws. Since its the Constitution which
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
41
created these governmental bodies, Congress cannot eliminate their existence
unless the basic law itself is changed, amended or revised.
2. Each of them is expressly described in the Constitution as
"independent."
xvi

Independence of the Constitutional Constitutions implies the ideal
arrangement that in performing actions and the forging of decisions, they must
not be influenced by any entity or branch of the government.
3. Each of them is conferred certain powers and functions which cannot
be withdrawn or reduced by statute.
xvii

This is quite similar with the first guaranteebut relates on the powers
expressly granted by the Constitution to these bodies. This provides a
mechanism where intervention of Congress on constitutional commissions is
mitigated as much as possible in the context of power removal and decrease.
But it should be noted that these constitutional bodies shall perform additional
functions that would be provided by future legislations. Thus, Congress cannot
decrease yet it has the capability of increasing the scope of powers and
functions of the three commissions.
4. The chairman and members of all these Commissions may not be
removed from office except by impeachment.
xviii

Even though, the chairmen and commissioners have fixed terms, their
tenure is not absolutely secure in the sense that they can be removed from their
respective offices through the process known as impeachment which also
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
42
applies to the positions of President, Vice-President, members of the Supreme
Court, and the Ombudsman. Such removal can be initiated if officers of the
constitutional commissions committed the following prohibited acts while
assuming their offices:
a. Culpable violation of the Constitution
b. Treason
c. Bribery
d. Graft and corruption
e. Other high crimes
f. Betrayal of Public Trust
5.The chairmen and members of all of these Commissions are given the
fairly long term of seven years.
xix

The chairmen and members all have fixed terms of 7 years but the terms
of those first appointed after the ratification of the present Constitution were
staggered whose rationale is explained in safeguard number 7. Their
appointments need confirmation from the Commission on Appointments.
6.The terms of office of the chairmen and members of all of these
Commissions are staggered in such a way as to lessen the opportunity for
appointment of the majority of the body by the same President.
xx

The staggering of terms was employed on the terms of the first appointees
wherein the chairman held his office for the full term of 7 years while the
commissioners were decreased by two years. This kind of set-up avoids the
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
43
scenario wherein the President "thereby binds the majority thereof to a debt of
gratitude or loyalty to him that might impair their independence."
xxi

7.The chairmen and members of all of these Commissions may not be
reappointed or appointed in an acting capacity.
xxii

Both chairmen and members are also not entitled for reappointment. This
was echoed in the landmark case of Republic vs. Imperial wherein the Supreme
Court promulgated its notable decision that "once appointed, regardless of the
duration of his tenure, a member of the Commission [on Elections] could no
longer be reappointed because of the expressed prohibition"
xxiii
concerning
reappointment. Furthermore, they shall not be appointed by the President in
acting capacities in order to "plug ways of avoiding the seven year maximum
term."
xxiv

8. The salaries of the chairmen and members of these Commissions are
relatively high and may not be decreased during their continuance in office.
xxv

This salary security provision provided by the Constitution for the chairmen
and members of the constitutional commissions is to prevent the growth of
partisan politics between the two parties. With the changing economic
landscape of the Philippines, the congress is not prohibited by the Constitution
to implement increase in the compensation of the officers of the constitutional
commissions yet it may be used as a mechanism to promote "mutual benefit"
schemes that can affect the independence of the commissions themselves.

CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
44
9.The Commissions all enjoy fiscal autonomy.
xxvi

Fiscal autonomy means freedom from constraints imposed by another
entity on the appropriations or financial resources of the body. The Constitution
explicitly states that the constitutional commissions enjoy this privilege. On the
light of the functions of the Department of Budget and Management (DBM), it is
directed to release the specific budget for offices with fiscal autonomy because
such monetary support is vital in the proper carrying out of duties and
responsibilities assigned to it. The Constitution also emphasizes the fact that for
identified offices with fiscal autonomy, their appropriations are automatically
and regularly released.
10.Each Commission may promulgate its own procedural rules.
xxvii

Another reinforcement of the independence of the constitutional
commissions is their power to promulgate its own rules of procedure which
should not "diminish, increase, or modify substantive rights." If there is friction
between the rules of the commissions and the rules of court, it is understood that
depending on the venue of the proceeding, one would be applied and the
other would yield. If the proceeding occurs before the commission, rules of the
commission would be applied but if its the other way around, rules of court will
successfully permeate.
11. The chairmen and members of all of these Commissions are subject to
certain disqualifications and inhibitions calculated to strengthen their
integrity.
xxviii

CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
45
The officers of the three constitutional commissions, like any government
official, are subjected to specified disqualifications whose purpose is to avoid
conflict of interest and disruption of focus and attention in the carrying out of
duties germane to the position handled. The disqualifications and inhibitions are
as follows:
a. No member shall hold any other office aside from the position
held in the commission.
b. No member shall engage in the practice of any profession
(except teaching).
c. No member shall have active management or control of any
business.
d. No member shall be financially interested in any government
contracts or franchises.
12. The Constitutional Commissions are allowed to appoint their own officials
and employees in accordance with the Civil Service Law.
xxix

This bolsters the control of the constitutional commissions in their own
respective spheres. But this is not an absolute provision courtesy of Article IX for
the reason that appointments made by both Commission on Elections and
Commission on Audit are subject to the qualifications and standards set by the
Civil Service Commission. Conversely, the Civil Service cannot question the
appointing power of the other two commissions with respect to the process of
choosing the appointee from the list of qualified prospects.
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
46
Section 8 of Article IX-A (Common Provisions) is not really a guarantee on
the advancement of the independence of the constitutional commissions. It
merely stresses their nature of being collegial bodies which implies that decisions
on issues or matter brought before it must be a collective and not an
individualistic one as reflected by the phrase "each commission shall decide by
a majority vote of all its members." Also, the commissions may not promulgate a
rule which requires unanimity.
xxx
Moreover, unlike the courts of justice, members
of the commissions are not required to submit their dissenting or affirming
opinions regarding the decisions of the entire body which can be appealed
and may be elevated to the highest court of the land via certiorari.
THE CIVIL SERVICE COMMISSION
Considered as the human resource office of the government, the
commission is instituted as a "vigorous and non-partisan instrument for the
development of an efficient and honest civil service."
xxxi
The prime goal of the
establishment of this body is the cultivation of professionalism, integrity, and
efficiency in the realm of public service. The Civil Service System includes the
professional population employed by the state which is usually associated with
the bureaucracy. As an administrative structure, the Constitution vests the
commission with these powers and functions:
xxxii

1. Establish a career service;
2. Adopts measure to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in civil service;
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
47
GOCCs with
original
charters are
those that
were
created
through
special laws.

3. It shall strengthen the merit and rewards system;
4. Integrate all human resources development programs for all levels and
ranks;
5. Institutionalize a management climate conducive to public
accountability; and
6. Submit to the President and the Congress an annual report on its
personnel programs.
Composition and Qualifications
The commission is composed of a chairman and two commissioners
whose qualifications are the following:
1. Natural-born citizens.
2. At least 35 years of age at the time of appointment
3. With proven capacity for public administration
4. Must not have been candidates for any elective position in the election
immediately preceding their appointment
Civil Service: Scope
The Civil Service System covers:
1. All branches, subdivision, instrumentalities, and
agencies of the government; and
2. Government-owned or controlled corporations
with original charters (e.g. Land Bank of the Philippines (LBP),
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
48
Government Service Insurance System (GSIS), Philippine Deposit Insurance
Corporation (PDIC), etc.
Classification of Appointments
Civil service appointments are classified into two general categories:
1. Permanent Appointments refers to the appointments given to those
individuals who have met the necessary requirements for the position sought
including the appropriate eligibility, following the standards set by the
commission.
2. On the other hand, Temporary Appointments are appointments that
are granted to persons who have met the necessary requirements as well yet
couldnt satisfy the eligibility aspect of the position. Such appointment must not
exceed 12 months and may be revoked by the appointing authority anytime.
Section 2, Paragraph 2 states that appointments to government
positions are decided based on merit and fitness and to a certain extent,
competitive examinations. Hence, appointive positions are of two types namely
competitive and non-competitive. The difference between the two is that
competitive normally requires taking competitive examinations devised by the
Civil Service Commission. On the other hand, non-competitivepositions are those
that do not require competitive examinations because it is highly confidential or
technical and requires a specific superior degree and expertise.


CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
49
The causemust relate
to and affect the
administration of the
office, and must be
restricted to something
of a substantial nature
directly affecting the
rights and interest of the
public.
-De los Santos v. Mallare

Security of Tenure
Civil servants enjoy security of tenure. Section 2, Par. 3 stresses that no
officer or employee shall be removed or
suspended except for cause provided by law. It is
unavoidable that employees in government most
especially those that belong to the lower tier of the
working force are prone to abuses of their bosses.
The provision on security of tenure assures that due process would be strictly
followed in the implementation of demotions or even expulsions to prevent
arbitrary measure courtesy of those in power.
Prohibition on Electioneering
Partisan political activity means active support for or affiliation with the
cause of a political party or candidate.
xxxiii
Political partisanship must not reach
the gentle gates of civil service because the system itself is directed towards a
neutral position on political matters as part of its ethical standards. But this does
not mean that the freedom of expression of an individual affiliated with the civil
service would be impeded from expressing his political views. What is curtailed
by this provision is the active participation in activities dedicated for
partisanship.
The Right to Self-Organization
Civil servants are employees also; the only difference between them and
private workers is that their employer is the government. Article III (Bill of Rights)
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
50
recognizes the freedom of association through formation of labor unions in order
to protect their interests as workers. Since civil servants are a major part of the
working force of the state, they are entitled to exercise this right but on their
case, the right to strike may not be invoked.
Prohibition on Appointments
These prohibitions can be seen in the contents of Article IX Section 6 and
Section 7, Par. 1. Section 6 is a reminder that no defeated candidates in the
elections immediately preceding the appointment be designated to any
governmental position including GOCCs. Section 7, par. 1 provides that no
elective official can be appointed to any public office because this will result in
conflict of interest. Par. 2 speaks of the exemption from the scenario known as
double positions on the part of appointive officials which can be expressly
enshrined in the law or an office incidental to the current position that he is
holding (ex-officio function).
Prohibition on Double Compensation
Double compensation which refers to two sets of compensations for two
different offices held concurrently by one officer
xxxiv
is also prohibited among
civil servants. This rationale for this proscription is to avoid the impression that
public employment is used so as to enrich ones self in a manner that is deemed
illegitimate. Pensions and gratuities is not covered by this prohibition.


CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
51
THE COMMISSION ON ELECTIONS
This constitutional body is the election supervisor of the government. Its
function is an essential element in the political system because it involves the
procedure by which the populace can introduce changes in the governmental
structure by electing those who will govern them. Among the constitutional
commissions, the COMELEC is the most extensive in terms of the powers that it
can exercise.
Composition and Qualifications
A chairman and six commissioners comprise the Commission on Elections.
The qualifications in order to become a member of the commission are the
following:
1. Natural-born citizens;
2. At least 35 years of age at the time of appointment;
3. College degree holder
4. Must not have been candidates for any elective position in the election
immediately preceding their appointment;
Article IX-C, Section 1, Par. 1 further emphasizes that a majority of the
membership, including the chairman, must be certified members of the
Philippine Bar and for at least 10 years should have beenengaging in the
practice of law.


CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
52
Powers and Functions
1. Enforcement of Election Laws. Article IX-C, Section 2, Par. 1 explicitly
provides the first function of the COMELEC which relates to the enforcement,
administration, and regulation of the conduct of any procedure where suffrage
is being practiced. Hence, the commission has authority over matters
concerning certificates of candidacy, voters registration, canvassing of votes,
proclamation of winners, etc.
2. Decide Election Contests. The commission has exclusive original
jurisdiction on all election contests pertaining to levels of local governance
namely the region, the province, city, and municipality. It is also endowed with
appellate jurisdiction on contests related to:
a. Elective municipal officials decided by trial courts of general
jurisdiction; and
b. Elective barangay officials decided by trial courts of limited
jurisdiction.
Decisions and rulings of the commission corresponding to its appellate
jurisdiction on identified cases will be deemed final and executory, and is not
appealable. For the rest of the cases, it can be elevated to the Supreme Court
by virtue of a petition forcertiorari.
3. Decide Administrative Questions. This is enshrined Article IX-C, Section
2, Par. 3 which states that it has the authority to decide on administrative
matters affecting the electoral process. But an exemption is made about the
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
53
Other Powers and Functions of
the Commission on Elections:

1. File petitions in court for
inclusion and exclusion
of voters.
2. Recommend measures
to mitigate election
spending.
3. Recommend to the
President removal of
any officer or employee
it has deputized.
4. Submit a
comprehensive report
to Congress and the
President on the
conduct of electoral
undertakings.
5. Regulate the utilization
of public utilities and
media for election
purposes.

right to vote due to the fact that questions pertaining to this right are under the
jurisdiction of the courts of justice. Therefore, COMELEC determines the optimum
number and location of polling places, the appointment of the election officials
who will spearhead the entirety of the process, etc.
4. Deputization of Law Enforcement Agencies. This power of the
COMELEC in tapping the strength of security forces of the state needs the
concurrence of the President since he is the Commander-in-Chief of the Armed
Forces of the Philippines. Law enforcement agencies such as the police force
and the army is needed for the proper and peaceful conduct of the elections.
5. Registration of Political Parties. Political parties have been a part of our
electoral history and they aid in the better understanding of the political goals of
those aiming to secure elective positions
through their party platforms. Thus, COMELEC,
aside from the registration voters, implements a
system for the registration of political parties.
6. Suggests Improvement of Elections.
The ideal type of elections are still to be
realized by the government and since the
commission is the prime constitutional body
that is delegated with the task of administering
the election, it is empowered to evaluate
current realities of the electoral process and
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
54
present certain measures that would promote better elections in the future.
Rules of Procedure and Decision-Making
The Commission on Elections has the autonomy in promulgating their own
rules and procedures in litigating and deciding of cases (including pre-
proclamation ones) relating to the conduct of the elections. On the aspect of
commission decisions, the body may sit en banc (full) or in two divisions. Article
IX-C, Section 3 further explains that motions for reconsiderations shall be
decided by the en banc set-up.
Election Period
The election period is defined by Article IX-C, Section 9 which shall
commence ninety days before the day of the election and shall end thirty days
thereafter. Campaign period is totally different from election period for the
reason that it does not extend beyond the assigned date of the election which
is fixed by the Constitution. Under the provision of present laws, the former ends
two days before the election date. This period covers both the span of time
dedicated for pre-election preparations and the canvassing of votes.
Fiscal Autonomy
The Constitution grants the COMELEC with autonomy on fiscal matters
germane to the financing of elections, plebiscites, initiatives, referenda, and
recalls. These electoral processes need the necessary monetary resources that
upon release, requires the certification of the commissions chairman.
THE COMMISSION ON AUDIT
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
55
Contemplated as the watchdog of the government, the major function of
the Commission on Audit (COA) is to examine, audit, and settle all accounts of
all transaction of the government, its branches and instrumentalities. This
constitutional commission ensures and promotes transparency and
accountability on the side of the government. Moreover, it is the function of the
Commission on Audit to examine the accuracy of the records kept and to
determine whether expenditures have been made in conformity with law and
to take corrective action when necessary.
xxxv

Composition and Qualifications
The component individuals of the Commission on Audit are the chairman
and the two commissioners who must be:
1. Natural-born citizens;
2. At least 35 years of age at the time of appointment;
3. Certified Public Accountants with not less than ten years of auditing
experience or members of the Philippine Bar who have been engaged in the
practice of law for at least 10 years
4. Must not have been candidates for any elective position in the election
immediately preceding their appointment;
Article IX-D, Section 1, Par. 1 accentuates that at no time shall all
members of the Commission belong to the same profession. The Commission
on Audit is a constitutional body that should be dependable in terms of
decision-making and financial cross-checking; thus, it is more practical that the
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
56
head and members of the commission should come from both professions in
order to properly perform its delegated tasks.
Powers and Functions
Article IX-D, Section 2, Par. 1 and 2 identifies the functions and the powers
available at the disposal of the Auditing Commission and they are enumerated
as follows:
1. It has the power, authority and duty to examine, audit, and settle all
accounts related to the financial transactions (revenue and expenditures)
of the government, its subdivisions, agencies, or instrumentalities including
GOCCs with original charters. On a post-audit basis, it also encompasses:
a. Constitutional bodies, commissions and offices endowed by the
organic law with fiscal autonomy;
b. Autonomous state colleges and universities;
c. Other government-owned or controlled corporations and their
subsidiaries; and
d. Non-governmental entities receiving subsidy or equity from the
government that must submit to such audit as a condition of the
benefit.
2. Adopts significant measures which covers temporary or special pre-
audit to correct the mistakes and shortcomings of the defective and inefficient
internal control systems of agencies and instrumentalities of the government;
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
57
3. Track the general accounts of the Government and keep vouchers
and other pertinentdocuments related to it;
4. Granted with authority to define the scope, techniques, and methods
of its auditing procedureas well as the promulgation of accounting and auditing
rules and regulations most especially those that impedes the abusive use of
governmental funds and properties;
5. It shall submit an annual report to the President and the Congress
dealing with the financial condition and operation of the government and its
several tributaries; and
6. The commission shall also recommend measures whose goal is to
improve the effectiveness of the currently used procedures and techniques in
auditing.
Prohibition against Exemptions
Article IX-D, Section 3 clearly establishes the limitation on the legislature
regarding the passage of laws that grants exemptions from the auditing hands
of the commission. This prohibition was reflected in the present Constitution to
avoid the wicked experiences of granting exemptions to certain governmental
agencies during the Marcos regime which promoted the massive graft and
corruption in the utilization of public funds.



CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
58
ENDNOTES

1
http://www.differencebetween.net/miscellaneous/difference-between-nationality-and-
citizenship/
2
What is NATIONALITY? definition of NATIONALITY (Black's Law Dictionary)
3
Article IV, Section 2, 1987 Constitution
4
Law Dictionary: What is ELECTION? definition of ELECTION (Black's Law Dictionary)
5
REPUBLIC ACT NO. 6735 AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND
APPROPRIATING FUNDS THEREFOR.
http://www.chanrobles.com/republicactno6735.htm#.U4JPx3ZXu8U
6
REPUBLIC ACT NO. 6735 AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND
APPROPRIATING FUNDS THEREFOR.
http://www.chanrobles.com/republicactno6735.htm#.U4JPx3ZXu8U
7
REPUBLIC ACT NO. 6735 AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND
APPROPRIATING FUNDS THEREFOR.
http://www.chanrobles.com/republicactno6735.htm#.U4JPx3ZXu8U
8
REPUBLIC ACT NO. 6735 AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND
APPROPRIATING FUNDS THEREFOR.
http://www.chanrobles.com/republicactno6735.htm#.U4JPx3ZXu8U
1
http://www.merriam-webster.com/dictionary/legislative
2
Article V, 1987 Philippine Constitution.
http://www.chanrobles.com/republicactno7941primer.htm#.U4RZgnZGNJk
3
(Alejandro vs Quezon, 46 Phil.129).
4
Cruz, Isagani. Political Law. 1991
5
Ruhrgas AG v. Marathon Oil Co. et al., 526 U.S. 574 (1999
xiv
Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the Philippines: A Commentary,
(Quezon City: Rex Printing Company, Inc.), p. 1035.
xv
The 1987 Philippine Constitution, Article IX-A, Section 1
xvi
The 1987 Philippine Constitution, Article IX-A, Section 1
xvii
The 1987 Philippine Constitution , Article IX-B, C, D
xviii
The 1987 Philippine Constitution, Article XI, Section 2
xix
The 1987 Philippine Constitution, Article IX-B, C and D, Section 1, Par. 2
xx
The 1987 Philippine Constitution, Article IX-B, C and D, Section 1, Par. 2
xxi
Isagani Cruz, 2007, Constitutional Law, (Quezon City: Central Book Supply, Inc.), pp. 301.
xxii
The 1987 Philippine Constitution, Article IX-B, C and D, Section 1, Par. 2
CHAPTER 8: THE THREE BRANCHES OF GOVERNMENT


XAVIER UNIVERSITY ATENEO DE CAGAYAN
59

xxiii
Isagani Cruz, 2007, Constitutional Law, (Quezon City: Central Book Supply, Inc.), pp. 303.
xxiv
I RECORD 546, as cited in Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the
Philippines: A Commentary, (Quezon City: Rex Printing Company, Inc.), p. 1047.
xxv
The 1987 Philippine Constitution, Article IX-A, Section 3 and Article XVIII, Section 17
xxvi
The 1987 Philippine Constitution, Article IX-A, Section 5
xxvii
The 1987 Philippine Constitution , Article IX-A, Section 6
xxviii
The 1987 Philippine Constitution, Article IX-A, Section 2
xxix
The 1987 Philippine Constitution, Article IX-A, Section 4
xxx
Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the Philippines: A Commentary,
(Quezon City: Rex Printing Company, Inc.), p. 1039.
xxxi
Isagani Cruz, 2007, Constitutional Law, (Quezon City: Central Book Supply, Inc.), pp. 308.
xxxii
The 1987 Philippine Constitution, Article IX-B, Section 3.
xxxiii
Isagani Cruz, 2007, Constitutional Law, (Quezon City: Central Book Supply, Inc.), pp. 317.
xxxiv
Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the Philippines: A
Commentary, (Quezon City: Rex Printing Company, Inc.), p. 1068.
xxxv
Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the Philippines: A
Commentary, (Quezon City: Rex Printing Company, Inc.), p. 1100.

Vous aimerez peut-être aussi