I.

Number/ Components
LEGISLATIVE Senators (24) JUDICIARY Supreme Court (15) - Chief Justice (1) - Associate Justices (14) Regular Courts - Court of Appeals (69 Justices) - Regional Trial Courts (720 Regional Trial Judges) - Metropolitan Trial Courts - Municipal Trial Courts - Municipal Circuit Trial Court Special Courts - Sandigang Bayan (14 Justices and 1 presiding Justice) - Court of Tax Appeals (5 justices and 1 presiding Justice)

EXECUTIVE President (1)

Vice-President (1)

Cabinet Members (34 members P. Noys Administration) - Executive Secretary - Secretary of Agrarian Reform - Secretary of Agriculture - Secretary of Budget and Management - Secretary of Education - Secretary of Energy - Secretary of Environment & Natural Resources - Secretary of Finance - Secretary of Foreign Affairs - Secretary of Health - Secretary of Interior and Local Government - Secretary of Justice - Secretary of Labor and Employment - Secretary of National Defense - Secretary of Presidential Communications Development and Strategic Planning - Secretary of Presidential Communications Operations Office - Secretary of Public Works & Highways - Secretary of Science & Technology - Secretary of Social Welfare & Development - Secretary of Tourism - Secretary of Trade & Industry - Secretary of Transportation and Communications - Chairman of the Commission on Higher Education (CHED) - Chairman of the Housing and Urban Development Coordinating Council

House of Representatives (250) - District Representatives - Party-list Representatives - Sectoral Representatives

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Director General of the National Economic and Development Authority National Security Adviser Presidential Adviser on Peace Process Head of the Presidential Management Staff Presidential Spokesperson Chairman of the Commission on Information and Communications Technology Chairman of the Metro Manila Development Authority Chief Presidential Legal Counsel Presidential Legislative Liaison Office (PLLO) National Anti-Poverty Commission (NAPC)

II.

Qualifications

A. Executive Department 1. President - A natural born citizen - 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 least ten years immediately preceding such election 2. Vice-President - Similar qualifications to the President 3. Cabinet Members - Appointments are subject to confirmation by the Commission on Appointments. B. Legislative Department 1. Senate - A natural born citizen - At least 35 years of age - Able to read and write - A registered voter - And lastly a resident of the Philippines for not less than two years immediately preceding the day of the election *The qualifications of a Senator may be neither be added to nor subtracted from by the Congress 2. House of Representatives
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Natural-born citizens At least twenty-five years of age Able to read and write A registered voter in the distinct in which he shall be elected and A resident thereof for a period of not less than one year immediately preceding the day of the election

C. Judicial Department 1. Members of the Supreme Court - Must be a natural-born citizen of the Philippines - At least forty years of age - Must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines - Must be a person of proven competence, integrity, probity and independence 2. Members of a Lower Court - A natural-born citizen of the Philippines - A member of the Philippine Bar - Possessing the other qualifications prescribed by Congress - Must be a person of proven competence, integrity, probity and independence *Judges of Lower Courts Qualifications Citizens of the Philippines Members of the Philippine Bar Possessing the other qualifications prescribed by Congress Persons of proven competence, integrity, probity and independence

III.

Term of Office

A. Executive Department 1. President - Six years; no reelection; and no person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. 2. Vice-President - 6 years; no Vice-President shall serve for more than two successive terms. 3. Cabinet Members

Same with the Presidents term limit. May also shorten if get terminated.

B. Legislative Department 1. Senate - The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. 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 elected. 2. House of Representatives
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The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. 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 for which he was elected.

C. Judicial Department 1. Supreme Court - Justices of the Supreme Court are obliged to retire upon reaching the age of seventy (70), otherwise there is no term limit for the position. 2. Lower Courts - Lower court judges have a term of 10 years with no restriction on reappointment

IV.

Salary

A. Executive Department - The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source. *President Noynoy Aquino is receiving 95,000 pesos/month. This amount is 65% more than his predecessor, former president Gloria Macapagal Arroyo, received when she was still in power which is 57,750 pesos/month. This salary increase is brought about by Executive Order No. 900, signed by Arroyo just days before her term ended, which implements an increase in the basic pay in all government salary grades. The Presidents salary is equivalent to Salary Grade 33 (SG 33), the salary grade for the highest position in the Philippine government.

B. Legislative Department - The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase. C. Judicial Department - The salary of the Chief Justice and of the Associate Justices o f the Supreme Court, and of judges of lower courts shall be fixed by law. During their continuance in office, their salary shall not be decreased.

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V.

Powers
A. Executive Department 1. President Executive power is being defined as the power to administer the laws, which means carrying them into practical operation and enforcing their due observance. - Executive power - Power of Appointment and Removal - Power of Control over the executive departments, bureaus and offices - Military powers - Pardoning powers - Borrowing powers - Diplomatic powers - Budgetary powers - Informing powers - Other powers Call congress to a special session Power to remove or veto bills To consent to deputation of the government personnel by the COMELEC To discipline from congress, Emergency powers and Tariff powers General supervision over local governments and autonomous regional governments. - Residual powers 2. Vice-President - The Vice President isn't assigned any powers by the Constitution; his/her duties are given by request from the President. If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified. If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified. If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice President-elect shall become President. 3. Cabinet Members - Appointed heads of all the executive departments, by the authority vested with the power to exercise the functions of a given office. The President shall still have a control on them to ensure that the laws are faithfully executed. B. Legislative Department Legislative Power is the power to propose, enact, amend and repeal laws. It is vested in the Congress, except to the extent reserved to the people by the provision on initiative and referendum. Congress: Senate (Upper house) and House of Representatives (Lower house) Legislative power When part of the Electoral Tribunal, they will serve as the sole judge of all contests relating to the election.
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When part of the Commission on Appointments, they shall act as a legislative check on the appointing authority of the President.

C. Judicial Department Judicial power includes 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 on the part of any branch or instrumentality of the Government. 1. Supreme Court - Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibitions, mandamus, quo warranto, and habeas corpus. - Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in: o All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. o All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. o All cases in which the jurisdiction of any lower court is in issue. o All criminal cases in which the penalty imposed is reclusion perpetua or higher. o All cases in which only an error or question of law is involved - Assign temporarily 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. - Order a change of venue or place of trial to avoid a miscarriage of justice. - 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 rule 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. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. - Appoint all officials and employees of the judiciary in accordance with the Civil Service Law. 2. Lower Courts - As stated, judicial power is also vested in it as may be established by the law.

VI.

Prohibitions

A. Executive Department The prohibitions imposed against the President, Vice-President, members of the Cabinet and their deputies and assistants are: - They shall not hold any other office or employment during their tenure, unless otherwise provided in the Constitution.

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They shall not, during their tenure, directly, or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or any franchise or special privilege granted by the government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

B. Legislative Department - To avoid conflicts of interest and undue influence, Senators and Members of the House of Representatives are prohibited from appearing as counsel before any court of Justice, Electoral Tribunal, or quasi-judicial or any other administrative bodies, and they may not intervene in any matter before any office of the Government. They are also prohibited from having any financial interest in any contract, franchise or special privilege granted by the Government, including government-owned and controlled corporations and their subsidiaries, and they may not hold any other incompatible offices in the government, including government-owned and controlled corporations and their subsidiaries, during their terms of office. C. Judicial Department - Prohibition against designation to quasi-judicial and administrative office - No rendering decision by any court without stating clear and distinct facts

VII.

Read articles VI to VIII. For Each provision, choose three sections that you like to amend. Discuss briefly but concisely.

1. Article 6, Section 17 The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. Explanation: Electoral Tribunal is an independent constitutional body notwithstanding and composed wholly of appointive members from the Justices of the Supreme Court and Congress. It was created in order to have people who will act as a judge of election contests that affects elected members of no less than the legislative organ of the State. By its composition of a mixed membership, it is considered as an independent body of sufficient stature invested with a measure of judicial temper and free from the control of political parties that insure a fair and impartial determination of election contests.

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2. Article VII, Section 17 The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed. Explanation: The President has control over all department secretaries and can overrule their decisions. The department secretaries are his alter egos. The power of control includes the power of the President to remove, to suspend, or to cause investigation of any issue brought to his attention. But the Presidents acts of control must yield to other constitutional provision that members of the Civil Service may not be removed without cause. By virtue of the alter ego principle, the President may exercise power conferred by law upon cabinet members of other subordinate executive officers. The executive secretary may exercise to some degree the power of control over the other cabinet members, heads of government offices or bureaus.

3. Article VIII, Section 13 The 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. 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 Members 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 courts. Explanation: The essence of the certifications required in this section is to guarantee the implementation of the constitutional requirement that decisions of the Supreme Court and lower collegiate courts are attained after consultation with the members of the Court sitting en banc or in division, before the case is assigned to a member thereof for decision-writing. However, the absence of the certification would not necessarily mean that the case submitted for decision had not been reached in consultation before being assigned to one member for the writing of the opinion of the Court since the regular performance of duty is supposed. The lack of certification requirement at the end of the decision would only provide evidence of failure to examine certification requirement, and may be a foundation for holding the official responsible for the exclusion to account therefore. Such absence of certification would not have the effect of nullifying the verdict.

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