BOOK
II DISTRIBUTION
OF POWERS OF GOVERNMENT Chapter
1BASIC
PRINCIPLES AND POLICIES
Sec. 1. Guiding Principles and Policies in Government. - Governmental
power
shall be exercised in accordance with the following
basic principles and
policies:
(1) The
Philippines is a democratic and republican State. Sovereignty resides
in
the people and all government authority emanates from them.chanrobles virtual law library
(2)
The
State values the dignity of every human person and guarantees full
respect
for human rights.chanrobles virtual law library
(3)
Civilian
authority is, at all times, supreme over the military.chanrobles virtual law library
(4)
The
State shall ensure the autonomy of local governments.chanrobles virtual law library
(5)
The
territorial and political subdivisions of the Republic of the
Philippines
are the provinces, cities, municipalities, and barangays. There shall
be
autonomous regions, in accordance with the Constitution, in Muslim
Mindanao
and the Cordilleras as may be provided by law.chanrobles virtual law library
(6)
The
separation of Church and State shall be inviolable.chanrobles virtual law library
(7)
The
right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic
decision-making
shall not be abridged. The State shall, by law, facilitate the
establishment
of adequate consultation mechanisms.chanrobles virtual law library
(8)
The
powers expressly vested in any branch of the Government shall not be
exercised
by, nor delegated to, any other branch of the Government, except to the
extent authorized by the Constitution.chanrobles virtual law library
Chapter
2LEGISLATIVE
POWER
Sec. 2. Seat of Legislative Power. - The 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 Constitutional provision on initiative and referendum.chanrobles virtual law library
Sec. 3. Inhibitions Against Members of Congress. - (1) No Senator or
Member
of the House of Representatives may hold any other office or employment
in the Government, or any subdivision agency, or instrumentality
thereof,
including government-owned or controlled corporations or their
subsidiaries,
during his term without forfeiting his seat. Neither shall he be
appointed
to any office which may have been created or the emoluments thereof
increased
during the term for which he was elected.chanrobles virtual law library
(2) No Senator or Member of the House of Representatives may personally
appear as counsel before any court of justice or before the Electoral
Tribunals,
or quasi-judicial and other administrative bodies. Neither shall he,
directly
or indirectly, be interested financially in any contract with, or in
any
franchise or special privilege granted by the Government, or any
subdivision,
agency or instrumentality thereof including any government-owned or
controlled
corporation, or its subsidiary, during his term of office. He shall not
intervene in any matter before any office of the Government for his
pecuniary
benefit or where he may be called upon to act on account of his office.chanrobles virtual law library
Sec. 4. Electoral Tribunal. - 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
(9)
Members, three (3) of whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six (6) 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.chanrobles virtual law library
Sec. 5. Commission on Appointments. - There shall be a Commission on
Appointments
consisting of the President of the Senate, as ex officio Chairman, and
twelve (12) Senators and twelve (12) Members of the House of
Representatives,
elected by each House on the basis of proportional representation from
the political parties and parties or organizations registered under the
party-list system represented therein. The Chairman of the Commission
shall
not vote, except in case of a tie. The Commission shall act on all
appointments
submitted to it within thirty (30) session days of the Congress from
their
submission. The Commission shall rule by a majority vote of all its
Members.chanrobles virtual law library
Sec. 6. Legislative Investigation. - The Senate or the House of
Representatives
or any of its respective committees may conduct inquiries in aid of
legislation
in accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.chanrobles virtual law library
Sec. 7. Appearance of Heads of Departments.- The heads of departments
may
upon their own initiative, with the consent of the President, or upon
the
request of either House, as the rules of each House shall provide,
appear
before and be heard by such House on any matter pertaining to their
departments.
Written questions shall be submitted to the President of the Senate or
the Speaker of the House of Representatives at least three (3) days
before
their scheduled appearance. Interpellations shall not be limited to
written
questions, but may cover matters related thereto. When the security of
the State or the public interest so requires and the President so
states
in writing, the appearance shall be conducted in executive session.chanrobles virtual law library
Sec. 8. Initiative and Referendum.- The Congress shall, as early as
possible,
provide for a system of initiative and referendum and the exceptions
therefrom,
whereby the people can directly propose and enact laws or approve or
reject
any act or law or part thereof passed by the Congress or local
legislative
body after the registration of a petition therefor signed by at least
ten
(10) per centum of the total number of registered voters, of which
every
legislative district must be represented by at least three (3) per
centum
of the registered voters thereof.chanrobles virtual law library
Sec. 9. Power to Propose Constitutional Amendments. - (1) Any amendment
to, or revision of the Constitution may be proposed by: (a) The
Congress,
upon a vote of three-fourths (3/4) of all its Members; or (b) a
constitutional
convention. The Congress may, by a vote of two-thirds (2/3) of all its
Members, call a constitutional convention, or by a majority vote of all
its Members, submit to the electorate the question of calling such a
convention.chanrobles virtual law library
(2) Amendments to the Constitution may likewise be directly proposed by
the people through initiative upon a petition of at least twelve (12)
per
centum of the total number of registered voters, of which every
legislative
district must be represented by at least three (3) per centum of the
registered
voters therein. No amendments under this paragraph shall be authorized
within five years following the ratification of the 1987 Constitution
nor
oftener than once every five years thereafter. The Congress shall
provide
for the implementation of the exercise of this right.chanrobles virtual law library
Sec. 10. Validity of Constitutional Amendments.- (1) Any amendment to
or
revision of the Constitution proposed by Congress or a constitutional
convention
shall be valid when ratified by a majority of the votes cast in a
plebiscite
which shall be held not earlier than sixty days (60) nor later than
ninety
days (90) after the approval of such amendment or revision.chanrobles virtual law library
(2) Any amendment to or revision of the Constitution directly proposed
by the people through initiative shall be valid when ratified by a
majority
of the votes cast in a plebiscite which shall be held not earlier than
sixty days (60) nor later than ninety days (90) after the certification
by the Commission on Elections of the sufficiency of the petition.chanrobles virtual law library
Chapter
3EXECUTIVE
POWER
Sec. 11. Exercise of Executive Power. - The Executive power shall be
vested
in the President.chanrobles virtual law library
Sec. 12. The Vice-President. - 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.chanrobles virtual law library
The Vice-President may be appointed as a Member of the Cabinet. Such
appointment
requires no confirmation.chanrobles virtual law library
Sec. 13. Vacancy in Office of the President.- In case of death,
permanent
disability, removal from office, or resignation of the President, the
Vice-President
shall become the President to serve the unexpired term. In case of
death,
permanent disability, removal from office, or resignation of both the
President
and Vice-President, the President of the Senate or, in case of his
inability,
the Speaker of the House of Representatives, shall then act as
President
until the President or Vice-President shall have been elected and
qualified.chanrobles virtual law library
The Congress shall, by law, provide who shall serve as President in
case
of death, permanent disability, or resignation of the Acting President.
He shall serve until the President or Vice-President shall have been
elected
and qualified, and be subject to the same restrictions of powers and
disqualifications
as the Acting President.chanrobles virtual law library
Sec. 14. Vacancy in Office of the Vice-President. - Whenever there is a
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 a majority vote of all the Members of both
Houses of the Congress, voting separately.chanrobles virtual law library
Sec.
15. Inhibitions Against Executive
Officials. - The President, Vice-President,
the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office
or
employment during their tenure. They shall not, during said tenure,
directly
or indirectly practice any other profession, participate in any
business,
or be financially interested in any contract with, or in 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 conflicts of interest
in the conduct of their office.chanrobles virtual law library
The spouse and relatives by consanguinity or affinity within the fourth
civil degree of the President shall not during his tenure be appointed
as Members of the Constitutional Commissions, or the Office of the
Ombudsman,
or as Secretaries, Undersecretaries, chairmen or heads of bureaus or
offices,
including government-owned or controlled corporations and their
subsidiaries.chanrobles virtual law library
Chapter
4JUDICIAL
POWER
Sec. 16. Judicial Power. - The judicial power shall be vested in one
(1)
Supreme Court, and in such lower courts as may be established by law.
Such
lower courts include the Court of Appeals, Sandiganbayan, Court of Tax
Appeals, Regional Trial Courts, Shari's District Courts, Metropolitan Trial
Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, and
Shari'a Circuit Courts and they shall continue to exercise their
respective
jurisdiction until otherwise provided by law.chanrobles virtual law library
Judicial power includes the duty of the courts of justice to settle
actual
controversies involving rights which are legally demandable and
enforceable,
and, in cases prescribed by law, 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.chanrobles virtual law library
Sec. 17. Composition of the Supreme Court. - The Supreme Court shall be
composed of a Chief Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in divisions of three, five or seven
Members.chanrobles virtual law library
Sec. 18. Jurisdiction and Powers of Supreme Court. - 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.chanrobles virtual law library
(2)
Review,
revise, reverse, modify, or affirm on appeal or certiorari as the law
or
the Rules of Court may provide, final judgments and orders of lower
courts
in:
(a)
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.chanrobles virtual law library
(b)
All
cases involving the legality of any tax, impost, assessment, or toll,
or
any penalty imposed in relation thereto.chanrobles virtual law library
(c)
All
cases in which the jurisdiction of any lower court is in issue.chanrobles virtual law library
(d)
All
criminal cases in which the penalty imposed is reclusion perpetua or
higher.chanrobles virtual law library
(e)
All
cases in which only an error or question of law is involved.chanrobles virtual law library (3)
Assign
temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignment shall not exceed six (6) months
without the consent of the judge concerned.chanrobles virtual law library
(4)
Order
a change of venue or place of trial to avoid a miscarriage of justice.chanrobles virtual law library
(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.
Rules of procedure of special courts and quasi-judicial bodies shall
remain
effective unless disapproved by the Supreme Court.chanrobles virtual law library
(6)
Appoint
all officials and employees of the Judiciary in accordance with the
Civil
Service law.chanrobles virtual law library
Sec. 19. Apportionment of Jurisdiction. - Congress shall define,
prescribe
and apportion the jurisdiction of the various courts but may not deprive
the Supreme Court of its jurisdiction enumerated in the immediately
preceding
section. Neither shall a law be passed increasing its appellate jurisdiction
as therein specified without its advice and concurrence.chanrobles virtual law library
No law shall be passed reorganizing the Judiciary when it undermines
the
security of tenure of its Members.chanrobles virtual law library
Sec. 20. Administrative Supervision.- The Supreme Court shall have
administrative
supervision over all courts and the personnel thereof.chanrobles virtual law library
Sec. 21. Judicial and Bar Council. - (1) A Judicial and Bar Council is
hereby created under the supervision of the Supreme Court composed of
the
Chief Justice as ex officio Chairman, the Secretary of Justice, and a
representative
of the Congress as ex officio Member, a representative of the
Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a
representative
of the private sector.chanrobles virtual law library
(2) The regular members of the Council shall be appointed by the
President
for a term of four (4) years with the consent of the Commission of
Appointments.
Of the Members first appointed, the representative of the Integrated
Bar
shall serve for four (4) years, the professor of law for three (3)
years,
the retired Justice for two (2) years, and the representative of the
private
sector for one (1) year.chanrobles virtual law library
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of
the Council and shall keep a record of its proceedings.chanrobles virtual law library
(4) The regular Members of the Council shall receive such emoluments as
may be determined by the Supreme Court. The Supreme Court shall provide
in its annual budget the appropriations for the Council.chanrobles virtual law library
(5) The Council shall have the principal function of recommending
appointees
to the Judiciary. It may exercise such other functions and duties as
the
Supreme Court may assign to it.chanrobles virtual law library
Sec. 22. Appointment of Members of Judiciary. - The Members of the
Supreme
Court and judges of lower courts shall be appointed by the President
from
a list of at least three (3) nominees prepared by the Judicial and Bar
Council for every vacancy. Such appointments need no confirmation.chanrobles virtual law library
For the lower courts, the President shall issue the appointments within
ninety (90) days from the submission of the list.chanrobles virtual law library
Sec. 23. Prohibition Against Performing Quasi-Judicial or
Administrative
Functions. - The Members of the Supreme Court and of other courts
established
by law shall not be designated to any agency performing quasi-judicial
or administrative functions.chanrobles virtual law library
Chapter
5CONSTITUTIONAL
COMMISSIONS
Sec. 24. Constitutional Commissions. - The Constitutional Commissions,
which shall be independent, are the Civil Service Commission, the
Commission
on Elections, and the Commission on Audit.chanrobles virtual law library
Sec. 25. Inhibitions Against Constitutional Commissioners. - No member
of a Constitutional Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in the practice of any
profession
or in the active management or control of any business which in anyway
may be affected by the functions of his office, nor shall he be
financially
interested, directly or indirectly, in any contract with, or in any
franchise
or privilege granted by the Government, any of its subdivisions,
agencies,
or instrumentalities, including government-owned or controlled
corporations
or their subsidiaries.chanrobles virtual law library
Sec. 26. Fiscal Autonomy. - The
Constitutional Commissions shall enjoy
fiscal autonomy. The approved annual appropriations shall be
automatically
and regularly released.chanrobles virtual law library
Sec. 27. Promulgation of Rules. - Each Commission en banc may
promulgate
its own rules concerning pleadings and practice before it or before any
of its offices. Such rules however shall not diminish, increase, or
modify
substantive rights.chanrobles virtual law library
Sec. 28. Decisions by the Constitutional Commissions.- Each Commission
shall decide, by a majority vote of all its Members, any case or matter
brought before it within sixty (60) days from the date of its
submission
for decision or resolution. A case or matter is deemed submitted for
decision
or resolution upon the filing of the last pleading, brief, or
memorandum
required by the rules of the Commission or by the Commission itself.
Unless
otherwise provided by the Constitution or by law, any decision, order,
or ruling of each Commission may be brought to the Supreme Court on
certiorari
by the aggrieved party within thirty (30) days from receipt of a copy
thereof.chanrobles virtual law library
Chapter
6OTHER
BODIES
Sec. 29. Other Bodies. - There shall be in accordance with the
Constitution,
an Office of the Ombudsman, a Commission on Human Rights,
an
independent
central monetary authority, and a national police commission. Likewise,
as provided in the Constitution, Congress may establish an independent
economic and planning agency.chanrobles virtual law library |