POLGOV FINALS Flashcards
(1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.
Section 18 (THE 1987 CONSTITUTION)
Under the Bill of Rights the political beliefs of people whether
they are pro-Marxists, communists, socialists rightists or leftists
cannot be a basis for arrest and detention. If there are no overt
acts which are illegal in nature in relation to their political beliefs,
the government cannot arrest and imprison them.
THE RIGHT AGAINST DETENTION SOLELY BY REASON OF POLITICAL BELIEFS AND ASPIRATIONS
This provision is highlighted in our Constitution to protect
political prisoners who are detained solely on the basis of their
political beliefs. Under Martial Law, President Marcos arrested
and detained political prisoners whose ideologies and political
beliefs were critical of the status quo
THE RIGHT AGAINST DETENTION SOLELY BY REASON OF POLITICAL BELIEFS AND ASPIRATIONS
Involuntary servitude is forced labor or compulsory service
rendered by one person to another.
Under our Bill of Rights, no person can be forced to work for
other persons or company if s/he does not want to. A debt to an
employee to his or her employer is not a sufficient ground for
forcing the employee to continue to work in the company.
THE RIGHT AGAINST INVOLUNTARY SERVITUDE
The indebted employee can always provide a promissory note
but he or she cannot be prevented to resign as this would be
tantamount to slavery.
THE RIGHT AGAINST INVOLUNTARY SERVITUDE
(1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted….
(2) The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman conditions
shall be dealt with by law.
Section 19 THE 1987 CONSTITUTION
This provision prohibits the imposition of excessive fines for
violation of law or ordinance. Considering the nature of the
offense and financial capacity of the offender, fines must be
reasonable. And the courts have the discretion how much fine
the offender must pay.
THE RIGHT AGAINST EXCESSIVE FINES;
The right against cruel, degrading or inhuman punishment can
only be invoked after the accused is convicted in court.
The Constitution is against any inhuman form of punishment
and against disproportionality of punishment to the nature of the
offense.
THE RIGHT AGAINST CRUEL, DEGRADING OR
INHUMAN PUNISHMENT
In a civilized society, inhuman punishment which uses torture or
lingering death is condemnable.
Punishment is degrading if it lowers his dignity of a convicted
person, brings shame and humiliation on him, or exposes him to
public ridicule.
THE RIGHT AGAINST CRUEL, DEGRADING OR
INHUMAN PUNISHMENT
is also inhuman if the punishment is not proportionate to the nature of the crime.
Punishment
No person shall be imprisoned for debt or non-payment
of poll tax.
Section 20
Our Constitution prevents the power of the State to force the
payments of debts.
The control of the creditor over the person of the debtor has
been abolished in our Bill of Rights for humanitarian
considerations. A person cannot be arrested and imprisoned by
the government for
THE RIGHT AGAINST IMPRISONMENT FOR NON-PAYMENT OF DEBT OR POLL TAX
under this provision means any liability to pay money arising out of contract, express or implied. It refers to civil debt but not to debt arising from a criminal offense
“debt”
Thus if a person borrows money from another and promises to
pay on a certain date with interest but fails to do it because of
unexpected bankruptcy cannot be ordered by a judge to be
arrested and imprisoned after a criminal complaint is filed by the
creditor.
THE RIGHT AGAINST IMPRISONMENT FOR NON-
PAYMENT OF DEBT OR POLL TAX
Nonpayment of civil debt cannot be a subject of a criminal case
punishable by imprisonment.
The filing of a civil case or collection of debt is the proper
remedy where the properties of the debtor can be used as
payment for the unpaid debt
THE RIGHT AGAINST IMPRISONMENT FOR NON-
PAYMENT OF DEBT OR POLL TAX
is a tax of a fixed amount imposed on residents within
a specified territory such as a barangay, whether citizens or not,
without regard to their property or the occupation in which they
may be engaged (De Leon 1997: 117).
A poll tax
No person shall be twice put in jeopardy of punishment for the
same offense, if an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Section 21
This constitutional provision protects a person from the danger
of second punishment and trial for the same offense he or she
has been charged and sentenced by a court.
The right to double jeopardy means that when an accused is
charged with an offense and the case is decided by the court
either by acquittal or conviction, s/he cannot be charged again
in another case with the same offense
THE RIGHT AGAINST DOUBLE JEOPARDY
The issue of double jeopardy can arise in three different ways
(Munoz & Gonzales-Munoz 2002: 56):
(1) When the accused is charged with the same offense in two
separate pending cases, in one of which he has validly pleaded;
(2) When the accused is prosecuted anew for the same offense
after he or she has previously convicted or acquitted thereof or
the charge therefore has been dismissed without his or her
consent; or
(3) When the prosecution makes a legally unauthorized appeal
from a judgment in the same case.
No ex post facto law or bill of attainder shall be enacted.
Section 22
This provision prohibits the legislature to pass laws which can
prejudice the rights of the prisoner or the accused. Although
Congress is vested by the Constitution to enact laws, it cannot
legislate on matters that violate some basic rights of the
citizens. It cannot pass the following type of bills or laws:
THE RIGHT AGAINST EX POST FACTO LAW OR
BILL OF ATTAINDER
Ex Post Facto Law is a law which is penal in nature, retroactive
in effect and prejudicial or disadvantageous to the accused.
(i) makes an act done before the passage of a law, innocent
when done, criminal, and punishes such act; or
(ii) aggravates a crime or makes it greater when it was
committed;.
(iii) changes the punishment and inflicts a greater punishment
than what the law annexed to the crime, when committed; or
(iv) alters the legal rules of evidence and receives less
testimony than or testimony from what the law required at the
time of the commission of the offenses, in order to convict the
offender
Ex Post Facto Law
is a legislative act which inflicts punishment
without a judicial trial.
This means that Congress cannot just pass a law and declare
individuals or groups to be guilty of an offense with judicial trial
(De Leon 1997).
In bill of attainder, it is the legislature, not the courts, which
determines the guilt of the accused and not by the court.
Bill of Attainder
This is against due process since every charge in court the guilt
of the accused must first be established by evidence in a court
proceeding.
Thus if a law is passed in Congress who states that members of
the Communist Party in the Philippines are guilty of rebellion
and must all be imprisoned is a bill of attainder as the courts
must first determine who among them are directly involved in
rebellion.
BILL OF ATTAINDER
The law cannot generalize and impute guilt to all members of
the communist party.
BILL OF ATTAINDER
One important principle under the 1987 Constitution is that on
citizenship. Before we try to understand good citizenship, we
must first determine what is citizenship, who is a citizen and
who is considered a Filipino citizen.
ARTICLE IV - CITIZENSHIP
is a “term denoting membership of a citizen in a
political society” and a citizen is “a member of a democratic
community who enjoys full civil and political rights, and is
accorded protection inside and outside the territory of the State
Citizenship
A person who is not a citizen is either called a
“stateless person” or an “alien”.
A stateless person, on one hand, is a foreigner in
another country whose state has been dissolved due to
anarchy or revolution.
An alien, on the other hand, “is a citizen of a country
who is residing in or passing through another country”
Citizenship
Both a stateless person and an alien are subject to our laws.
A stateless person, unlike an alien, is not protected by his/her own country and has no legal rights and no
embassy to turn to in case of legal problems in the sense that he has no country or has no diplomatic ties
with the country s/he is residing in.
CITIZENSHIP
2 principles, others
prefer to follow a combination of these principles:
Jus sanguinis (from Latin words “jus” which means “law” and “sanguinis” which means blood). Literally, the term means the “law of the blood”. Under
this principle, the blood of the parents is the basis for the acquisition of citizenship and not the territory or the
country where the baby was born.
The children follow the citizenship of both or one of the parents. The Philippines is following this principle (Art. IV, Sec 1[2]) in determining the citizenship of persons born in the country.
Thus, if one or both parents of the person who is born in the Philippines are Filipinos, then his or her citizenship is automatically Filipino. But it his or her parents are
both aliens or foreigners, then his/her citizenship would follow that of his/her parents whatever that be.
Jus sanguinis
(Law of the soil or law of the
place)
Jus Soli or Jus Loci
Under this principle, the law of the soil or the place of birth
determines the citizenship of the child regardless of the
citizenship or blood of one or both parents.
Thus, when a child is born in any part of the territory of the
country be it in aerial, terrestrial, or maritime domain, he or she
automatically becomes a citizen of that country.
This principle is followed by the United States and France.
A pregnant Filipino mother, for instance, who gave birth in a
commercial place which had entered US airspace is, under
this rule, the child is already considered an American citizen
even though the mother is an alien.
Jus Soli or Jus Loci
are “those who are citizens of
the Philippines from birth without having to perform any
act to acquire or perfect their Philippine citizenship
Thus a child who is born in the Philippines of Filipino
parents, or a Filipino mother or father after the ratification of the 1987 Constitution on February 2, 1987
is a natural-born citizen.
Naturalize-born citizens
This refers to those who are born of Filipino mother before
January 17, 1973 and who upon reaching the age of majority or
18 years old after the ratification of the 1973 Constitution (even
prior to the effectivity of the new Constitution on February 2,
1987) chose or elected Philippine citizenship are considered
natural born-citizens.
Those who failed to make such election are considered
aliens.
Citizens through election
Those who are considered citizens of the Philippines
under the 1987 Constitution at the time of the adoption
of the new constitution on February 2, 1987 are also
natural- born citizens.
Citizens at the time of the adoption of 1987
Constitution.
Naturalized citizens are citizens by operation of law.
These are aliens or foreigners who acquired Filipino
citizenship by applying and complying with all
requirements provided in the Philippine naturalization
law.
Naturalized citizens
is defined as an ‘act of formality adopting a foreigner into the political body of the state and clothing him or her with rights and privilege of
citizenship
Naturalization
Naturalized citizens.
A person may be naturalized in two ways:
1) by judgment of the court,
after foreigner-applicant had complied with all the
conditions prescribed by law, or
2) by direct act of Congress,
in which a foreigner is conferred citizenship by a law
enacted by Congress.
Under a new law passed by Congress a Filipino can still retain his/her citizenship despite the fact that s/he has acquired a foreign citizenship.
Thus, a person can still be a Filipino citizen even if s/he has
become a green card holder or has become an American.
Dual citizens
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.
ARTICLE V – SUFFRAGE
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled
and the illiterates to vote without the assistance of other
persons. Until then, they shall be allowed to vote under
existing laws and such rules as the Commission on Elections
may promulgate to protect the secrecy of the ballot.
ARTICLE V – SUFFRAGE
is “the right and obligation to vote for qualified citizens in
the election of certain national and local officers of the government and
in the decision of public questions submitted to the people”
Suffrage
suffrage may be
exercised by all citizens of the Philippines who are not disqualified by
law and who are:
(1) at least 18 years old, and
(2) who have resided in the Philippines for at least 1 year, and
(3) who are in the place wherein they propose to vote for at least 6
months before the election.
is a broad term that includes various types of electoral processes
Suffrage
Registered voters exercise suffrage in any of the following cases:
- Election
- Plebiscite
- Referendum
- Initiative
- Recall
is the process by which the voters choose their officials
for definite and fixed terms as their duly chosen representatives in
exercising their sovereign power in the government.
Election
is the constitutional
commission tasked by the constitution to conduct and supervise
elections.
The Commission on Elections (COMELEC)
To save money for the government, the national election of the
president and vice-president every 6 years is usually
synchronized with the elections of members of Congress and
local public officials. This is done on the second Monday of May
ELECTION
is the process by which the people express their choice for or against a proposed law or enactment submitted to them.
plebiscite
It is also a form of election where voters go to election precincts to
cast their votes whether they approve or ratify any proposed amendment to, or revision of the Constitution
plebiscite
Any proposed changes affecting local government units also requires the approval of the people by plebiscite
PLEBISCITE
This is a process by which a law or part thereof passed by Congress or local legislative body is presented to the voters for their ratification or rejection
REFERENDUM
This is a process by which the people directly propose and enact new
laws. This requires a petition containing the proposed law or
amendment of the constitution and the required number of verified
signatures of petitioners.
Congress has been tasked by the Constitution to provide this system
of initiative and referendum. Amendments to the Constitution can also be directly proposed by the people through their initiative.
INIATIVE
is the process by which an elected official is removed from
office during his/her tenure by a vote of the people after
registration of a petition signed by a required percentage of the
qualified voters.
The former governor of Pampanga, Fr. Ed Panlilio underwent this
process. He was removed by his political enemies but he won in a
recall election thereafter
Recall
[t]he legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.
ARTICLE VI – LEGISLATIVE DEPARTMENT
(SECTION 1)
refers to the power to
enact or create laws which includes the power to alter or repeal
them. It is essentially the authority, under our Constitution to
make, amend or abolish the law. This power is vested in the
Philippine Congress and it is reserved to the people in cases of
initiative and referendum. Section 1, Article VI, of the 1987
Constitution
legislative power
The 1987 Constitution dissolved the unicameral or one-house
legislature under the 1973 Marcos Constitution and restored the
bicameral system of the 1935 Constitution.
A presidential form of government like the Philippines is usually
bicameral while a parliamentary form of government is unicameral
or a one-house legislature.
BICAMERAL LEGISLATION
A bicameral legislature for the Philippines means that the
legislature which is the Congress is made of two houses: the
Upper House which is the Senate and the Lower House which is
the House of Representatives.
the Upper House which is the Senate and the Lower House which is
the House of Representatives.
In general, the Philippine Congress performs various legislative functions for the good of the country. These include the:
(1) definition of the rights and duties of citizens,
(2) imposition of taxes to defray expenses of government,
(3) appropriation of public funds,
(4) definition and punishment of crimes,
(5) creations and abolition of government offices including
the determination of their jurisdictions and functions, and
(6) regulation of human conduct and the use of property for
the promotion of the common good.
Congress has the general powers to create laws which include the power to change or abolish the law.
General Legislative Power
These are powers expressly conferred by the Constitution to
Congress.
These include the power of appropriation or determining the
national budget of the government, the power of taxation or
to enact tax laws, or the power of expropriation or to pass
laws appropriating private property for public use upon
payment of just compensation.
Specific Legislative Powers
These powers do not directly relate to enactment of laws but
nevertheless are performed by Congress as part of its
obligations under the Constitution.
(1) the power to propose amendments to the constitution such
as calling a Constitutional convention for the revision of the
Charter;
(2) the power to impeach impeachable officials suchas the
President, Vice-President, the Ombudsman, the Chief Justice
and Commissioners of the constitutional bodies such as the
COMELEC;
(3) the power to canvas votes for the President and Vice-President;
and
(4) the power to declare the existence of a state of war when our
country is invaded by another country.
Non-Legislative Powers
These are powers which are not expressly given by the Constitution to Congress but which are implied
from those expressly granted. These include the power to:
(1) punish or declare a person in contempt during or in the
course of legislative investigation, and
Implied Powers
These powers are inherent to the exercise of legislative powers by Congress. To be able to perform its functions orderly, Congress has the power to determine the rules of its
proceedings.
In case of impeachment proceedings, the House of Representatives and the Senate have enacted specific rules
on how to investigate and decide on how to remove impeachable officials.
The Constitution has expressly given Congress the power to
determine its own internal rules.
Inherent Powers
Congress cannot pass the following type of laws as imposed by the Constitution:
- No ex post facto law shall be passed (Art. III, Sec. 22)
- No bill of attainder shall be passed (Art. III, Sec. 23).
- No law impairing the obligation of contracts shall be passed
(Art.III, Sec. 10). - No law
ing a title of royalty or nobility shall be passed
(Art.VI, Sec. 31). - No law shall be passed increasing the appellate jurisdiction
of the Supreme Court as provided in the Constitution
without its advice and concurrence (Art. VI, Sec. 30). - No law granting any tax exemption shall be passed without
the concurrence of a majority of all members of Congress
(Art.VI, Sec. 28 [4] ).
is a fundamental law of the land which is directly enacted by the people. Thus, the legislative power
of Congress cannot just amend or revise it without the
consent of the former in a plebiscite.
constitution
A is a type of law that is created by a lawmaking
body like the Philippine Congress. A statute is an “inferior”
type of law in the sense that this must conform and
emanate from constitutional law
statute
Composition: The Senate is composed of twenty-four (24) Senators
who are elected at large by the qualified voters of the Philippines
nationwide (Art. VI, Sec. 2).
THE SENATE
Term of Office: The term of office of the senators is six (6) years
and shall commence at noon on the 30th of June following their
election. They can be reelected for another 6 years but they cannot
serve for more than 2 consecutive terms (Art. VI, Sec. 3-4).
THE SENATE
of office for any length of time shall not be considered an interruption in service for the full term for which he
was elected (Art. VI, Sec. 3-4).
Voluntary renunciation
Qualifications: The qualifications of a senator are the following
(1) A natural-born citizen of the Philippines;
(2) at least 35 years of age on the day of the election;
(3) able to read and write;
(4) a
; and
(5) a resident of the Philippines for not less than two (2) years
immediately preceding the day of elections
Composition: A district representative is elected to Congress if
he or she garnered the highest vote in the district. A party-list
congressman or woman is elected in Congress if after being
nominated by the
group s/he got at least 3% of the
total votes of all districts nationwide. This can increase to 2 or 3
seats for the party-list if it gets more votes throughout the
country.
THE HOUSE OF REPRESENTATIVES
Term of Office: The term of office of House representatives is
three (3) years. But they cannot be elected for more than 3
consecutive terms. Thus, the maximum number of years for a
congressman or woman is 9 years. After a break of one term or
3 years, they can be eligible again for another 3 more terms.
Term of Office: 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 or she was
elected (Art. VI, Sec. 7). Thus, if a representative resigns two
days after being elected for a third term, his or her third term is
deemed completed and therefore ineligible to run for the next
election.
THE HOUSE OF REPRESENTATIVES
THE HOUSE OF REPRESENTATIVES
Qualifications: The qualifications of a representative in Congress
are the following (Art. VI, Sec. 6)
(1) a natural-born citizen of the Philippines;
(2) at least 25 years of age on the day of election;
(3) able to read and write;
(4) in case of a party-list representative, a registered voter in the
District in which he or she shall be elected (a registered voter
anywhere in the Philippines for party-list representative); and
(5) a resident thereof for a period of not less than one (1) year
preceding the day of the election.
Immunities: A representative in the House of Representatives
whether district or party- list she cannot be arrested on a
criminal charge punishable by 6 years imprisonment or less
while Congress is in session.
THE HOUSE OF REPRESENTATIVES
refers to the number of the membership of an
assembly or collective body as is competent to transact its
business. It is the number which gives a lawful body the
power to pass a law or ordinance or do any other valid
corporate act
quorum
This is the initial stage of the lawmaking wherein the
lawmaker, a senator or congressman/woman, attempts to
understand the legal needs of the people or constituents by
conducting public hearings and consultations.
Preliminary Stage
When the draft becomes final, the lawmaker sponsors it
alone or with other senators or congressmen/women as co-
authors and files it in the Bill Section of the Senate/House of
Representatives in order to be calendared for the First
Reading in the next stage.
Preliminary Stage
This is the longest stage of lawmaking as every bill
undergoes 3 readings both in the Senate and in the House of
Representatives as required in a bicameral legislature.
These are the important steps during this stage:
I. First Reading
II. Second Reading
III. Third Reading
Formal Stage
The term “first reading” simply means that the bill is formally
introduced in the session hall in the Senate/House of
Representatives.
What is read during this step is only the number and title of
the bill and thereafter the Senate President or Speaker of the
House, noting the nature and content of the bill, will refer it to
the appropriate Senate/House Committee to investigate it
further
First Reading
This is the most important part of the bill. During this stage, the
bill is examined, debated, or amended by members of the
respective committees.
If approved by a majority of its members, the bill is printed in its
final form and copies are distributed to senators or congressmen/women at least 3 days before the third reading.
If disapproved, the sponsor has to re-file it perhaps in a more
acceptable way to committee members; otherwise, it is
considered “dead”
Second Reading
At this stage, the bill is now presented to the members of the
Senate/House of Representatives in a plenary session for approval.
Legislators merely register their votes for the bill. They may explain
their votes if the rules of the Senate or House would allow. If
approved by the required votes, the bill is sent to the other chamber
for the required readings. If the bill originates in the Senate, it is sent
to the House of Representatives.
If it comes from the House of Representatives, it is sent to the
Senate
Third Reading
A bill is considered enrolled when it is approved by both
Houses, the Senate and the House of Representatives and
sent to the President for consideration and signature.
Enrolment of the Bills
This stage represents the final steps before an enrolled bill in
Congress becomes an effective law.
The most important steps include the signature or approval
of the President for the bill and publication of the new law to
make it effective and made known to the public.
Final Stage
An enrolled bill automatically becomes a law or statute in any
of the following manner:
(1) When the President signs it;
(2) When the veto or disapproval of the President is
overridden by 2/3 votes of all members of each House; or
(3) When the President does not act on the bill within 30
days after presentation.
Signature or Veto of the President
Section 1. The executive power shall be vested in the President
of the Philippines.
Section 2. No person may be elected President unless he is a
natural-born 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 least ten years
immediately preceding such election.
ARTICLE VII – EXECUTIVE DEPARTMENT
is generally defined as “the power to
administer the laws, which means carrying them into practical
operation and enforcing their due observance”
is the power to administer or implement the
law. Under the 1987 Constitution, this power is vested in the
President of the Republic of the Philippines. S/he is assisted by
national and local officials who are either elected or appointed.
is the power to enforce or implement the laws of the land. For the German sociologist Max
Weber, a law or rule cannot be considered a true standard for
action unless there is somebody who is in-charge in enforcing it. Thus, in the Philippine, laws will be mere words and
prescriptions that guide action if there are no law enforcers that
implement them. Under the 1987 Constitution.
Executive power
The person who is vested with full executive powers to
administer the laws of the republic is the President. Of course,
s/he is not alone in doing this job. He is assisted by a whole group
of public officers who share executive powers with him by virtue
of delegation of powers. Those who join him in administering the
laws are appointed and elected local officials such the governors,
mayors, or barangay captains, cabinet members or secretaries of
the different department of our government.
Executive power
Section 3. There shall be a 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.
The Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation.
ARTICLE VII – EXECUTIVE DEPARTMENT
The Constitution does not expressly provide the Vice-
President as a specific executive position.
This official is considered a “spare tire” in case the
President dies, resigns or impeached. However, out of
respect to his/her elected status, the Vice-President is
usually given a cabinet post.
EXECUTIVE POWER
Both the President and the Vice-President must be natural-
born citizen. A natural-born Filipino citizen as mentioned in
Chapter III is a citizen of the Philippines from birth without
having to perform an act to acquire or perfect his Philippine
Citizenship
Citizenship
is one who is duly registered in the list of voters because he possesses the qualification for suffrage,
as required by Article V, Section 1
A registered voter
The Constitution does not provide a higher level of
educational attainment for those who would want to be
President or Vice-President. Presumably, the Constitution
wants to widen the access to these positions to as many
people as it can. It only requires candidates to be “able to
read and write” to qualify.
Education
The presidential and vice-presidential candidates must be at
least forty (40) years of age on the day of the election, not on
the day of the filing of candidacy nor on the day of their
proclamation.
AGE
The Constitution requires that those who would want to
become President or Vice-President must be acquainted with
the economic and political conditions of the country in order
that they can gain insight on how to run the country in case
they elected into office. Thus, it requires that both candidates
must reside in the country at least 10 years immediately
preceding the election
residency
As provided in Article VII of the Constitution, the election for
the President and Vice President is set on the second
Monday of May, six years thereafter. Unlike the senators
whose Board of canvassers for the counting of votes is the
COMELEC en banc, the votes for the President and Vice-
President are canvassed by Congress consisting of senators
and congressmen/women seating in joint public session.
The Canvassing and Proclamation
It is the same Congress who will proclaim the President-elect
and the Vice-President elect. If there is a complaint
questioning the canvassing or proclamation, the proper
venue is not the COMELEC but the Supreme Court as
provided by law
The Canvassing and Proclamation
In the 1987 Constitution, the term of the President has been
reduced to six (6) without reelection. It begins at the noon of
the thirtieth day (30th) of June next following the day of the
election (Art. VII, Sec. 4) and ends at noon of the same date
six years thereafter
Term of Office
The voluntary renunciation of the office of the Vice-President
for any length of time does not interrupt the continuity of the
service for the full term of six years. Thus, if the Vice
President resigns on the second day in office, this is
considered being served for full six years. So s/he is
disqualified to run for the next election.
Term of Office
The President has the power of control over the executive
departments of the government and supervisory powers over
all local government units (LGUs) such that of the province,
city, municipality and barangay.
POWERS OF THE PRESIDENT
o Administrative Powers
POWERS OF THE PRESIDENT
o Military Powers.
Powers of the President as Commander-in-Chief includes the
power to:
1) call out the armed forces to prevent or suppress lawless
violence, invasion, or rebellion; and
(2) create military tribunals to try persons who violate military
laws or commit crimes against national security.
POWERS OF THE PRESIDENT
o Military Powers.
Power to suspend writ of habeas corpus under the following
necessary conditions:
(1) There must be invasion or rebellion; and
(2) The public safety must require the suspension.
it is the postponement of the execution of a death
sentence to a certain date.
Reprieve:
this refers to the postponement of an execution
of death to an indefinite time. It can be performed on the next
day, week or month depending on the order of the President.
Suspension
this refers to the reduction of sentence
imposed to a lesser punishment, as from death penalty to life
imprisonment. It can be granted without the acceptance and
even against the will of the prisoner.
Commutation:
this is an act of grace proceeding from the power
entrusted with the execution of the laws which exempts the
individual on whom it is bestowed, from the punishment the
law inflicts from a crime he has committed
Pardon:
Two Kinds of Pardon:
- Absolute: when pardon is not subject to any condition
whatsoever. It becomes effective when made. - Conditional: when it is given subject to any condition or
qualification the President may see fit. It must be accepted
by the prisoner to become effective.
it is an act of the sovereign power granting
oblivion or a general pardon for A past offense usually
granted in favor of certain class of persons who have
committed crimes of a political character, such as treason,
sedition or rebellion. An Amnesty proclamation of the
President needs approval of Congress.
Amnesty:
this is a process in which the prisoner is released
from imprisonment, but without full restoration of liberty as a
parolee is still in the custody of the law.
Parole:
the president can remit
fines and forfeitures for any offenses after final conviction.
This prevents collection of fines or the confiscation of
forfeited property of the convict
Remission of fines and forfeitures:
The President can contract or guarantee loans with
multilateral institutions like the World Bank and
International Monetary Fund (IMF) or other regional
banks. But this needs the concurrence of the Monetary
Board of the Central Bank.
Powers to contract and guarantee foreign loans on
behalf of the Republic of the Philippines (Art. VII,
Sec.20).
The President is authorized by the Constitution to prepare
the budget of receipts and expenditures based on existing
and proposed revenue measures and other resources of
financing and to submit it to Congress within 30 days from
the opening of each regular session. This can become the
basis of the general appropriations act to be enacted by
Congress for the next fiscal year.
POWERS OF THE PRESIDENT
o Budgetary Powers
The President-elect and the Vice-President-elect shall
assume office at the beginning of their terms.
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.
PRESIDENTIAL SUCCESSION
o Section 7
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.
PRESIDENTIAL SUCCESSION
o Section 7
Where no President and Vice-President shall have been
chosen or shall have qualified, or where both shall have
died or become permanently disabled, the President of
the Senate or, in case of inability, the Speaker of the
House of Representatives shall act as President until a
President or a Vice-President shall have been chosen and
qualified.
PRESIDENTIAL SUCCESSION
o Section 7
The Congress shall, by law, provide for the manner in
which one who is to act as President shall be selected
until a President or a Vice-president shall have qualified,
in case of death, permanent disability, or inability of the
officials mentioned in the next preceding paragraph.
PRESIDENTIAL SUCCESSION
o Section 7
The President is removed by a natural cause. The Vice-President becomes the President in case of
death of the Chief Executive.
DEATH
The President for some personal or political reasons voluntarily relinquish His/her position, the Vice-
President acts as the President
RESIGNATION
The President is replaced by the
Vice-President for serious physical conditions that
incapacitates him/her to live up to his/her solemn oath.
PERMANENT DISABILITY
The President writes to the Senate President and
Speaker of the House of Representatives informing them that
s/he is no longer capable of discharging his or her duties as
President. But s/he can assume the position as soon as the
incapacity is removed.
INCAPACITY
The President is removed from office
involuntarily. The House of Representatives in a vote of at
least one-third of all members can transmit to the Senate the
Articles of Impeachment charging the President for culpable
violation of the Constitution, betrayal of public trust, high
crimes, and graft and corruption.
IMPEACHMENT
The Senate sitting as an Impeachment
Court holds a trial to determine whether the Articles of
Impeachment from the House have legal basis. The senators
will act as judges with the Chief Justice as the Presiding
officer. A vote of at least two-thirds or 16 of the senators is
needed to impeach the President. Thereafter, the Vice-
President becomes the new President.
IMPEACHMENT
