Ateneo School of Government

PoS 100 D: Politics and Governance

Summary of Part 3 Lectures

ITEM Art. VI: Legislative Art. VII: Executive Art. VIII: Judiciary
Number Senate 24 HOR 233 w/ President and VP Supreme Court 1 Chief
20% party list or 80 Provincial Governors 14 Justices
58 members 143 City Mayors; 1491 municipal
1 ARMM Gov.; 24 Assemblymen
42,025 barangay captains
Leadership Senate President HOR Speaker President Chief Justice
Criteria Senate HOR President/ Vice President Supreme Court Justices
- Natural born - Natural born - Natural born citizen - Natural born citizen
- At least 35 yrs. - At least 25 yrs. - Register voter - Member of the Bar
Old Old - Literate - At least 15 years as judge
- Literate - Literate - At least 40 years old - At least 40 years old
- Registered voter - Registered - Resident at least 10 years
- Resident for at voter
least 2 years - Resident at
least 1yr. in
district
Terms 6 years per term 3 years per term 6 years per term Can serve until 70 years old or once
2 terms maximum 3 terms maximum 1 term only incapacitated
Succession In case of vacancy special elections President, Vice President, Appointed by the President based
Senate President, HOR Speaker on 3 nominees from Judicial Bar
Council (JBC)
Direct Tasks - Punish members for 60 days for - Control the executive Supreme Court
misconduct, etc. departments - Exclusive original jurisdiction of
- Confirm appointments through - Appoint cabinet secretaries cases
Commission on Appointments - Promote military officers from - Define, prescribe, and apportion
- Conduct investigations IN AID OF colonel/ navy captain above jurisdiction.
LEGISLATION - Grant amnesty, pardon, - Promulgate rules and procedures
- Can declare war upon 2/3 votes reprieve, etc. - Review, revise, reverse, modify
separately - Enter into contracts and or affirm appeals.
- Approve treaties signed by the guarantee foreign loans on - Appoint officials in the judiciary
President behalf of the government - Assign temporary judges
 - Pass laws after three mandatory
readings.
- Approve appropriations annually (if
not, preceding year budget is used.)
- Impose taxes as long as uniform and
equitable.
- Approve initiatives and referendum.
Limitations - Cannot appear as counsel for private
organizations
- Cannot increase salary while in office
- Cannot hold other office while seated
- Must file full disclosure of businesses
and SAL
- Cannot pass law on royalty or nobility
- Cannot exempt entities from taxes
(for religious purposes are tax
exempt)
Other Tasks - Convene as constituent assembly
- As board of canvassers
- As Electoral Tribunal (3 from SC and
6 from Senate/ HOR)
- Conduct impeachment proceedings
Benefits - Immune from arrest for offenses
punishable by less than 6 years
imprisonment
- Plate number 8
- Pork barrel
Issues Pork Barrel, Partisanship, etc.
Check and - Can impeach President and Chief
Balance Justice
- Can appropriate budget increases
- Enter into treaties subject to
approval of the Senate
- Act as commander-in-chief of
the military
- Administers local government
- Must inform people in case of
serious illness
- Official residence
Malacaang
CPR, P.D. 1017, Killings
- Can appropriate pork barrel
funds
- Can appropriate Internal
Revenue Allotments (IRA)
- Can appoint justices, judges,
etc.
- Order change of venues
All cases must be decided within:
- 24 months for SC
- 12 months of appellate courts
- 3 months for lower courts
Judicial Bar Council
- Composed of Chief Justice,
Secretary of Justice, Rep. of
Congress, IBP rep, private rep
- Main task is recommending
appointees
in - Fiscal autonomy
- Salaries fixed by law
Constitutionality issues
- Can declare legislative laws and
executive acts as unconstitutional