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Three branches of the Philippine Government including Commissions.
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BRANCHES OF THE GOVERNMENT
Legal Research
EXECUTIVE BRANCHArticle VII, Section 1, of the 1987 Constitution vests
executive power on the President of the Philippines. The President is the Head of
State and Head of Government, and functions as the commander-in-chief of the Armed Forces of the
Philippines. As chief executive, the President exercises control over all the executive departments,
bureaus, and offices.
Article VII, Section 1, of the 1987 Constitution vests executive power to the President of the Philippines, who functions as the head of state, head of government, and commander-in-chief of the Armed Forces of the Philippines. As chief executive, the President of the Philippines exercises control over all the executive departments, bureaus, and offices.
POWERS OF THE PRESIDENT1. Power of control over the executive branch2. Power ordinance power3. Power over aliens4. Powers of eminent domain, escheat, land
reservation and recovery of ill- gotten wealth
PRESIDENT
The Vice President of the Philippines is elected by direct vote by the people for a term of six years, and may run for reelection once. The term of the Vice President of the Philippines starts at noon of the 30th day of June after an election is held.
DUTIES OF THE VICE PRESIDENT According to the constitution, the vice president may
concurrently assume a cabinet position should the President of the Philippines offer the former one. The vice president will become a secretary concurrent to the position of vice president.
Aside from the cabinet post, the vice president is mandated to assume the presidency in case of the death, disability, or resignation of the incumbent President.
VICE PRESIDENT
FUNCTIONS OF A CABINET SECRETARYact as the alter ego of the President
executing, with his authority, the power of the Office of the President in their respective departments.
CABINETS
Departments in the Cabinet
Department of Agrarian Reform Department of Agriculture Department of Budget and Management Department of Education Department of Energy Department of Environment and Natural Resources Department of Finance Department of Foreign Affairs Department of Health Department of Justice Department of Labor and Employment
Departments in the Cabinet
Department of National Defense Department of Public Works and Highways Department of Science and Technology Department of Social Welfare and Development Department of the Interior and Local Government Department of Trade and Industry Department of Transportation and Communications Department of Tourism Commission on Higher Education National Economic and Development Authority
As stipulated in Section 17 of the Local Government Code, are the ff:
facilities and research services for agriculture and fishery activities, which include seedling nurseries, demonstration farms, and irrigation systems;
health services, which include access to primary health care, maternal and child care, and medicines, medical supplies and equipment;
social welfare services, which include programs and projects for women, children, elderly, and persons with disabilities, as well as vagrants, beggars, street children, juvenile delinquents, and victims of drug abuse;
information services, which include job placement information systems and a public library;
a solid waste disposal system or environmental management system; municipal/city/provincial buildings, cultural centers, public parks,
playgrounds, and sports facilities and equipment; infrastructure facilities such as roads, bridges, school buildings, health
clinics, fish ports, water supply systems, seawalls, dikes, drainage and sewerage, and traffic signals and road signs;
public markets, slaughterhouses, and other local enterprises; public cemetery; tourism facilities and other tourist attractions; and sites for police and fire stations and substations and municipal jail.
LOCAL GOVERNMENTS
Powers and Duties of a Governor Exercise general supervision and control over all programs,
projects, services, and activities of the provincial government: Enforce all laws and ordinances, and implement all approved
policies, programs, projects, services and activities of the province:
Initiate and maximize the generation of resources and revenues, to be used for the implementation of development plans, program objectives and priorities:
Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of the Local Government Code.
Provincial Governors
Powers and Duties of Municipal and City Mayors:
Exercise general supervision and control over all programs, projects, services, and activities of the municipal or city government:
Enforce all laws and ordinances, and implement all approved policies, programs, projects, services and activities of the municipality or city:
Initiate and maximize the generation of resources and revenues, to be used for the implementation of development plans, program objectives and priorities:
Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of the Local Government Code.
Municipal and City Mayors
Powers and functions of a Punong Barangay enforce all laws and ordinances which are applicable within the
barangay; Negotiate, enter into, and sign contracts for and in behalf of the
barangay, upon authorization of the Sangguniang Barangay; maintain public order in the barangay call and preside over the sessions of the Sangguniang Barangay and
the Barangay Assembly appoint or replace the barangay treasurer, the barangay secretary,
and other appointive barangay officials; organize and lead an emergency group for the maintenance of peace
and order or on occasions of emergency or calamity within the barangay;
prepare the annual executive and supplemental budgets of the barangay, in coordination with the Barangay Development Council
approve vouchers relating to the disbursement of barangay funds.
Punong Barangay
LEGISLATIVE BRANCH
According to the 1987 Constitution, legislative power shall be vested in the Congress of the Philippines, which shall consist of
a Senate and a House of Representatives.The Senate shall be composed of twenty-four Senators who shall
be elected at large by the qualified voters of the Philippines, as may be provided by law; the House of Representatives shall be
composed of not more than 250 (unless otherwise fixed by law), 20 percent of whom must be Party-list representatives.
The Senate is composed of 24 senators half of which are elected every three years. Each senator, therefore, serves a total of six years. The senators are elected by the whole electorate and do not represent any geographical district.
The House of Representatives is composed of a maximum of 250 congressmen. There are two types of congressmen: the district and the sectoral representatives. The district congressmen represent a particular geographical district of the country. All provinces in the country are composed of at least one congressional district. Several cities also have their own congressional districts, with some composed of two or more representatives.
The sectoral congressmen represent the minority sectors of the population. This enables these minority groups to be represented in the Congress, when they would otherwise not be represented properly through district representation. Also known as party-list representatives, sectoral congressmen represent labor unions, rights groups, and other organizations.
National Legislature
Senate PresidentUnder Section 3 of Rule III of the Rules of the Senate, the Senate President is the Chief
Executive of the Senate. His duties and powers are as follows:
(a) To preside over the sessions of the Senate on the days and at the hours designated by it; to call the Senate to order and, if there is a quorum, to order the reading of the Journal of the preceding session and, after the Senate shall have acted upon it, to dispose of the matters appearing in the Order of Business in accordance with the Rules;
(b) To decide all points of order;
(c) To sign all measures, memorials, joint and concurrent resolutions; issue warrants, orders of arrest, subpoena and subpoena duces tecum;
(d) To see to it that all resolutions of the Senate are complied with;
(e) To have general control over the session hall, the antechambers, corridors and offices of the Senate;
Senate Officers
Senate President
(f) To maintain order in the session hall, the antechambers, corridors and in the offices of the Senate, and whenever there is disorder, to take appropriate measures to quell it;
(g) To designate an Acting Sergeant-at-Arms, if the Sergeant-at-Arms resigns, is replaced or becomes incapacitated;
(h) To appoint the subordinate personnel of the Senate in conformity with the provisions of the General Appropriations Act;
(i) To dismiss any employee for cause, which dismissal in the case of permanent and classified employees shall be in conformity with the Civil Service Law; and
(j) To diminish or increase the number of authorized personnel by consolidating or separating positions or items whenever the General Appropriations Act so authorizes and the total amount of salaries or allocations does not exceed the amount earmarked therein.
Senate Officers
Senate President Pro TemporeLike the President of the Senate, the Senate President
Pro Tempore is also elected by the members of the Senate. for sometime in the past Senates, senior members of the majority party are often elected as Senate President Pro Tempore. Under Section 4 of Rule IV of the Rules of the Senate, the President Pro Tempore shall discharge the powers and duties of the President in the following cases:
(a) When the President is absent for one or more days; (b) When the President is temporarily incapacitated; and (c) In the event of the resignation, removal, death or
absolute incapacity of the President.
Senate Officers
The Majority Leader In the modern Senate, the second in command is the majority leader, whose primary responsibility is to
manage the legislative affairs of the chamber. While nothing in the Rules of the Senate expressly states the powers of the Majority Leader, to a great extent, he is very influential in the passage of bills. As the traditional Chairman of the Committee on Rules, the Majority Leader helps formulate, promote, negotiate and defend the majority’s legislative program, particularly on the floor.
The Minority Leader The minority group chooses from among themselves the Minority Leader who is considered as the titular head
of the minority in the Senate and oftentimes called a “shadow president.” In many past rigodons of the Senate or the so-called Senate “coups,” sometimes the minority leader becomes
the President and the ousted President becomes the minority leader. The basic duties of the Minority Leader is that he becomes the spokesman for his party or group or coalition
and enunciates its policies. He is expected to be alert and vigilant in defense of the minority’s rights. It is his function and duty to criticize constructively the policies and programs of the majority, and to this end employ parliamentary tactics and give close attention to all proposed legislation.
The Rules of the Senate gives the President Pro Tempore and the Majority and Minority Leaders unique privileges as all are ex-officio members of all the permanent committees of the Senate.
Senate Officers
Committee on Accountability of Public Officers and Investigations Committee on Accounts, Committee on Agrarian Reform Committee on Agriculture and Food, Committee on Banks, Financial Institutions and
Currencies Committee on Civil Service and Government Reorganization Committee on Constitutional Amendments, Revision of Codes and Laws Committee on Cooperatives, Committee on Cultural Communities Committee on Economic Affairs, Committee on Education, Arts and Culture Committee on Energy, Committee on Environment and Natural Resources Committee on Ethics and Privileges, Committee on Finance Committee on Foreign Relations, Committee on Games, Amusement and Sports Committee on Government Corporations and Public Enterprises
Senate Committees
Committee on Health and Demography Committee on Justice and Human Rights Committee on Labor, Employment and Human Resources Development Committee on Local Government Committee on National Defense and Security Committee on Peace, Unification and Reconciliation Committee on Public Information and Mass Media Committee on Public Order and Illegal Drugs Committee on Public Services Committee on Public Works Committee on Science and Technology Committee on Social Justice, Welfare and Rural Development Committee on Tourism Committee on Trade and Commerce Committee on Urban Planning, Housing and Resettlement Committee on Ways and Means, Committee on Youth, Women and Family Relations.
Senate Committees
THE SPEAKER, in the hierarchical order of political leadership, is the fourth highest official in the Philippine government. He presides over the session; decides on all questions of order, subject to appeal by any member; signs all acts, resolutions, memorials, writs, warrants and subpoenas issued by or upon order of the House; appoints, suspends, dismisses or disciplines House personnel; and exercise administrative functions.
The Deputy Speakers of the Philippine House of Representatives are the second highest-ranking officials of the Philippine House of Representatives. During the absence of the House Speaker, one of the House Deputy Speakers will preside over the House of Representatives.
House of Representative Officers
The Majority Leader is elected in a party caucus of the majority ruling party. His primary function, aside from being the spokesman of the majority party, is to direct the deliberations on the floor.
In the present set-up of the House, the Majority Leader is concurrently the Chairman of the Committee on Rules. As such, all matters relevant to the Rules of the House, specifically the calendar of bills, preparation of Order of Business and Calendar of Business are within his responsibilities.
The Minority Leader is the acknowledged spokesman of the minority party in the House. But it does not necessarily follow that he is also the leader of the party because the minority party in the House may be composed of one or more political groupings.
Like the Majority Leader, the Minority Leader is elected in party caucus of all Members of the House in the minority party. He is an ex-officio member of all standing Committees.
House of Representative Officers
THE SECRETARY-GENERAL carries out and enforces orders and decisions of the House; keeps the Journal of each session; notes all questions of order together with the decisions thereon; complete the printing and distribution of the Records of the House and submits to the Speaker all contracts and agreements approval; acts as the custodian of the property and records of the House and all other government property in its premises. Subject to the supervision control of the Speaker, the Secretary General is the immediate chief of the personnel of the House and is responsible for the faithful and proper p
THE SERGEANT-AT-ARMS is responsible for the maintenance of order in the House of Representatives Building Complex, enforcement of House Rules, and protection of the lives of the Officers and Members of the House, its personnel and guests as well as properties found therein.erformance of their official duties.
House of Representative Officers
To enact laws, including appropriation and taxation measures. To conduct legislative investigations. To request heads of department to appear before it. To act as Board of Canvassers for the presidential elections. To call for special elections for the presidency and the vice presidency. To declare the existence of a state of war and delegate emergency powers. To revoke or extend the privilege of the habeas corpus or the declaration of martial law. To concur in the presidential power to grant amnesty. To confirm certain appointments made by the President. To concur in treaties and international agreements. To decide on the President’s ability to discharge the duties of his office when majority of
the Cabinet members dispute his declaration that no inability exists. To impeach the President, the Vice President, members of the Supreme Court, members of
the constitutional commissions and the Ombudsman. To allow utilization of natural resources. To propose amendments to the Constitution.
Powers of Congress
Congress is responsible for making enabling laws to make sure the spirit of the constitution is upheld in the country and, at times, amend or change the constitution itself. In order to craft laws, the legislative body comes out with two main documents: bills and resolutions.
Resolutions convey principles and sentiments of the Senate or the House of Representatives. These resolutions can further be divided into three different elements:
joint resolutions — require the approval of both chambers of Congress and the signature of the President, and have the force and effect of a law if approved.
concurrent resolutions — used for matters affecting the operations of both chambers of Congress and must be approved in the same form by both houses, but are not transmitted to the President for his signature and therefore have no force and effect of a law.
simple resolutions — deal with matters entirely within the prerogative of one chamber of Congress, are not referred to the President for his signature, and therefore have no force and effect of a law.
Legislative Process
Bills are laws in the making. They pass into law when they are approved by both houses and the President of the Philippines. A bill may be vetoed by the President, but the House of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt.
Legislative Process
1. First Reading - Any member of either house may present a proposed bill, signed by him, for First Reading and reference to the proper committee. During the First Reading, the principal author of the bill may propose the inclusion of additional authors thereof.
2. Referral to Appropriate Committee - Immediately after the First Reading, the bill is referred to the proper committee or committees for study and consideration. If disapproved in the committee, the bill dies a natural death unless the House decides other wise, following the submission of the report.
3. Second Reading - If the committee reports the bill favorably, the bills is forwarded to the Committee on Rules so that it may be calendared for deliberation on Second Reading. At this stage, the bill is read for the second time in its entirely, together with the amendments, if any, proposed by the committee, unless the reading is dispensed with by a majority vote of the House.
Steps in the Passage of a Bill
4. Debates - A general debate is then opened after the Second Reading and amendments may be proposed by any member of Congress. The insertion of changes or amendments shall be done in accordance with the rules of either House. The House may either "kill" or pass the bill.
5. Printing and Distribution - After approval of the bill on Second Reading, the bills is then ordered printed in its final form and copies of it are distributed among the members of the House three days before its passage, except when the bill was certified by the President. A bill approved on Second Reading shall be included in the calendar of bills for Third Reading.
6. Third Reading - At this stage, only the title of the bill is read. Upon the last reading of a bill, no amendment thereto is allowed and the vote thereon is taken immediately thereafter, and yeas and nays entered in the journal. A member may abstain. As a rule, a majority of the members constituting a quorum is sufficient to pass a bill.
Steps in the Passage of a Bill
7. Referral to the Other House - If approved, the bill is then referred to the other House where substantially the same procedure takes place.
8. Submission to Joint Bicameral Committee - Differences, if any, between the House's bill and the Senate's amended version, and vice versa are submitted to a conference committee of members of both Houses for compromise. If either House accepts the changes made by the other, no compromise is necessary.
9. Submission to the President - A bill approved on Third Reading by both Houses shall be printed and forthwith transmitted to the President for his action - approval or disapproval. If the President does not communicate his veto of any bill to the House where it originated within 30 days from receipt thereof, it shall become a law as if he signed it. Bill repassed by Congress over the veto of the President automatically becomes a law.
Steps in the Passage of a Bill
PREPARATION OF THE BILLo The Member or the Bill Drafting Division of the Reference and Research Bureau
prepares and drafts the bill upon the Member's request.
FIRST READING◦ The bill is filed with the Bills and Index Service and the same is numbered and
reproduced.◦ Three days after its filing, the same is included in the Order of Business for First
Reading.◦ On First Reading, the Secretary General reads the title and number of the bill. The
Speaker refers the bill to the appropriate Committee/s.
How a Bill becomes a Law?
COMMITTEE CONSIDERATION/ACTION◦ The Committee where the bill was referred to evaluates it to determine the
necessity of conducting public hearings. If the Committee finds it necessary to conduct public hearings, it schedules the time thereof, issues public notics and invites resource persons from the public and private sectors, the academe and experts on the proposed legislation. If the Committee finds that no public hearing is not needed, it schedules the bill for Committee discussion/s.
◦ Based on the result of the public hearings or Committee discussions, the Committee may introduce amendments, consolidate bills on the same subject matter, or propose a subsitute bill. It then prepares the corresponding committee report.
◦ The Committee approves the Committee Report and formally transmits the same to the Plenary Affairs Bureau.
How a Bill becomes a Law?
SECOND READING◦ The Committee Report is registered and numbered by the Bills andIndex
Service. It is included in the Order of Business and referred to theCommittee on Rules.
◦ The Committee on Rules schedules the bill for consideration on Second Reading.
◦ On Second Reading, the Secretary General reads the number, title and text of the bill and the following takes place: Period of Sponsorship and Debate Period of Amendments Voting which may be by:
(1) viva voce (2)count by tellers (3)division of the House; or(4)nominal voting
How a Bill becomes a Law?
THIRD READING◦ The amendments, if any, are engrossed and printed copies of the bill are
reproduced for Third Reading.◦ The engrossed bill is included in the Calendar of Bills for Third Reading and
copies of the same are distributed to all the Members three days before its Third Reading.
◦ On Third Reading, the Secretary General reads only the number and title of the bill.
◦ A roll call or nominal voting is called and a Member, if he desires, is given three minutes to explain his vote. No amendment on the bill is allowed at this stage. The bill is approved by an affirmative vote of a majority of the Members
present. If the bill is disapproved, the same is transmitted to the Archives.
How a Bill becomes a Law?
TRANSMITTAL OF THE APPROVED BILL TO THE SENATEo The approved bill is transmitted to the Senate for its concurrence.
SENATE ACTION ON APPROVED BILL OF THE HOUSEo The bill undergoes the same legislative process in the Senate.
CONFERENCE COMMITTEE◦ A Conference Committee is constituted and is composed of Members from each
House of Congress to settle, reconcile or thresh out differences or disagreements on any provision of the bill.
◦ The conferees are not limited to reconciling the differences in the bill but may introduce new provisions germane to the subject matter or may report out an entirely new bill on the subject.
◦ The Conference Committee prepares a report to be signed by all the conferees and the Chairman.
◦ The Conference Committee Report is submitted for consideration/approval of both Houses. No amendment is allowed.
How a Bill becomes a Law?
TRANSMITTAL OF THE BILL TO THE PRESIDENT
Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and certified by both the Secretary of the Senate and the Secretary General of the House, are transmitted to the President.
PRESIDENTIAL ACTION ON THE BILL◦ If the bill is approved the President, the same is assigned an RA number and
transmitted to the House where it originated.◦ If the bill is vetoed, the same, together with a message citing the reason for the veto, is
transmitted to the House where the bill originated.
ACTION ON APPROVED BILL
The bill is reproduced and copies are sent to the Official Gasette Office for publication and distribution to the implementing agencies. It is then included in the annual compilation of Acts and Resolutions.
ACTION ON VETOED BILL
The message is included in the Order of Business. If the Congress decides to override the veto, the House and the Senate shall proceed separately to reconsider the bill or the vetoed items of the bill. If the bill or its vetoed items is passed by a vote of two-thirds of the Members of each House, such bill or items shall become a law.
How a Bill becomes a Law?
JUDICIARYBRANCH
The Constitution of the Philippines ordains that judicial power shall be vested in one Supreme Court and such lower courts as
may be established by law.[Section 1, Art. VIII, 1987 Constitution).
Under Philippine laws [Judiciary Reorganization Act of 1980 (Batas Pambansa Bilang 129) which took effect on January 18, 1983 and other laws] the Philippine judicial system consists of the following courts:
The Law
Supreme Court The Supreme Court is the highest Court in the Philippines. There is only one Supreme Court composed of one Chief Justice and fourteen Associate Justices. It is the final arbiter of any and all judicial issues. When so deciding, it may siten banc or in divisions of three, five or seven members.
The Highest Court
The administrative functions of the Court pertain to the supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar. Pursuant to these functions, the Court is empowered to order a change of venue of trial in order to avoid a miscarriage of justice and to appoint all officials and employees of the judiciary. ] The Court is further authorized to promulgate the rules for admission to the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts.
The more prominent role of the Court is located in the exercise of its judicial functions. Section 1 of Article VIII contains definition of judicial power that had not been found in previous constitutions. The judicial power is vested in “one Supreme Court and in such lower courts as may be established by law.” [13]
This judicial power is exercised through the judiciary’s primary role of adjudication, which 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.” [14]
Functions of the Supreme Court
Court of Appeals
The Court of Appeals, composed of one Presiding Justice and sixty eight Associate Justices is vested with jurisdiction over appeals from the decisions of the Regional Trial Courts and certain quasi-judicial agencies, boards or commissions
Sandiganbayan
A special court, the Sandiganbayan, composed of a Presiding Justice and eight Associate Justices, has exclusive jurisdiction over violations of the Anti-Graft and Corrupt Practices Act [Republic Act No. 3019], the Unexplained Wealth Act [Republic Act No. 1379] and other crimes or felonies committed by public officials and employees in relation to their office, including those employees in government-owned or controlled corporations.
Court of Tax Appeals A special court, the Court of Tax Appeals, composed of a Presiding Judge and two Associate Judges, is vested with the exclusive appellate jurisdiction over appeals from the decisions of the Commissioner of Internal Revenue and the Commissioner of Customs on certain specific issues.
Court of Appeals, Sandiganbayan,
Court of Tax Appeals
``1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission, including the Securities and Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service Commission, Except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph of Section 17 of the Judiciary Act of 1948.
Functions of the Court of Appeals
The Office of the Ombudsman shall have the following powers, functions and duties
Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient.
Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.
Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 or this Act: Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be ground for disciplinary action against said officer.
Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.
Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.
Functions of the Sandiganbayan
Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due determine what cases may not be made public: Provided further, That any publicity issued by the Ombudsman shall be balanced, fair, and true.
Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.
Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records.
Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein.
Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise of performance of the powers, functions, and duties herein or hereinafter provided.
Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein.
Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.
Functions of the Sandiganbayan
The Court of Tax Appeals shall exercise exclusive appellate jurisdiction to review by appeal, as herein provided.
(1) Decisions of the Collector of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the National Internal Revenue Code or other law or part of law administered by the Bureau of Internal Revenue;
(2) Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges; seizure, detention or release of property affected fines, forfeitures or other penalties imposed in relation thereto; or other matters arising under the Customs Law or other law or part of law administered by the Bureau of Customs; and
(3) Decisions of provincial or city Boards of Assessment Appeals in cases involving the assessment and taxation of real property or other matters arising under the Assessment Law, including rules and regulations relative thereto.
Functions of the Court of Tax Appeals
Regional Trial Courts Regional Trial Courts were established among the thirteen regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates. Shari'a Courts Equivalent to the Regional Trial Courts in rank are the Shari'a District Courts which were established in certain specified provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit Courts which were established in certain municipalities in Mindanao. There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in existence.
Lower Courts
Municipal Trial Courts and Municipal Circuit Trial Courts
Every municipality in the Philippines has its own Municipal Trial Court. It is referred to as such if it covers only one municipality; otherwise, it is called Municipal Circuit Trial Court if it covers two or more municipalities. Metropolitan Trial Courts and Municipal Trial Courts in Cities Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished from the other political subdivisions in the Philippines, are referred to as Metropolitan Trial Courts. In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as Municipal Trial Courts in Cities.
Lower Courts
CONSTITUTIONALCOMMISSION
Book II, Chapter 5 of the Administrative Code of 1987 states that the Constitutional Commissions enumerated in the
Constitution are “independent” and “enjoy fiscal autonomy.”
COMMON PROVISIONS The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
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 any way, 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.
The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure.
CONSTITUTIONCONSTITUTIONAL COMMISSIONS
COMMON PROVISIONS The Constitutional Commissions shall appoint their officials and employees
in accordance with law. The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released. 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.
Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty 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 this 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 days from receipt of a copy thereof.
Each Commission shall perform such other functions as may be provided by law.
CONSTITUTIONCONSTITUTIONAL COMMISSIONS
Constitutional Commission
Commission on Human Rights
Commission on Audit
Commission on Election
Civil Service Commission
The Civil Service Commission (CSC) is the central personnel agency of the Philippine government. One of the three independent constitutional commissions with adjudicative responsibility in the national government structure, it is also tasked to render final arbitration on disputes and personnel actions on Civil Service matters.
RESPONSIBILITY Recruitment, building, maintenance and retention of a competent,
professional and highly motivated government workforce truly responsive to the needs of the government's client - the public.
SPECIFIC FUNCTIONS leading and initiating the professionalization of the civil service; promoting public accountability in government service; adopting performance-based tenure in government; and implementing the integrated rewards and incentives program for
government employees.
Civil Service Commission
The COMELEC is the principal government agency tasked by the Constitution to enforce and administer all laws and regulations concerning the conduct of regular and special elections.
It is a body that is designed to be constitutionally independent from the executive, legislative and judicial branches of government to ensure the conduct of free, fair and honest elections. As an added measure, the constitution also grants fiscal autonomy to enable the COMELEC to operate effectively, efficiently and free from political interference.
The constitution mandates that "funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, will be provided in the regular or special appropriations and, once approved, will be released automatically upon certification by the Chairman of the Commission."
Commission on Elections
1. The enlarged Commission on Elections was designed to cope with its expanded powers and functions provided for under the constitution and existing laws. The Commission performs the following specific powers and functions:
2. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
3. Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
4. Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, registration of voters.
5. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections
Powers and Functions (COMELEC)
6. Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredited citizens’ arms of the Commission on Elections.
7. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting elections frauds, offences, and malpractices.
8. Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offences, malpractices, and nuisance candidates.
9. Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.
10. Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative referendum, or recall.
Powers and Functions (COMELEC)
The Commission on Audit, abbreviated as COA (Filipino: Komisyon ng Pagsusuri), is an independent constitutional commission established by the Constitution of the Philippines. It has the primary function to examine, audit and settle all accounts and expenditures of the funds and properties of the Philippine government.
The Commission has the power, authority and duty to examine, audit and settle all accounts and expenditures of the funds and properties of the Philippine government. Towards that end, it has the exclusive authority to define the scope, techniques and methods of its auditing and examination procedures. It also may prevent and disallow irregular, unnecessary, excessive, extravagant or unconscionable expenditures, or uses of government funds and properties.
Commission on Audit
As an independent national human rights institution, the Commission on Human Rights is committed to ensure the primacy of all human rights to their protection, promotion and fulfillment, on the basis of equality and non-discrimination, in particular for those who are marginalized and vulnerable.
Commission on Human Rights
IN RELATION TO CIVIL SOCIETY (NGOs, Academe, other HR Organizations, General Public and Vulnerable Groups)
· Mobilizer, coordinator and/or contributor of resources for research and implementation programs on human rights.
· Synchronizer of HR programs to include those of the civil society thereby enhancing complementation, sharing and mutual reinforcement.
· Collaborator/Partner in HR program design and implementation. · Advisor and Provider of human rights standards. · Trainor of trainors for sustained promotion and advocacy
program. · Moulder and Educator of the general public particularly the
vulnerable groups on human rights norms, standards and practices.
ROLES AND COMMITMENTS(CHR)
IN RELATION TO HR VICTIMS · Mobilizer of civil society, protection services providers and provision of
protection standards and guidelines. · Provider of technical assistance to civil society service providers in improving
their capacity to render protection services such as legal, investigation and financial assistance.
· Provider of financial assistance (when able) to civil society groups in their transactional protection activities.
· Provider of public information on human rights services and service provider to improve access particularly by vulnerable groups as well as monitor of non-discriminatory access of vulnerable groups to basic services.
· Provider of direct assistance to victims of human rights violation.
IN RELATION TO GOVERNMENT • External advisor and "prescriber" of human rights protection standards • Independent monitor, evaluator and position advocate on human rights in
relation to proposed and existing national/ local laws and legislations, and government policies, programs, actions and performance.
ROLES AND COMMITMENTS(CHR)
IN RELATION TO CIVIL SOCIETY (NGOs, Academe, other HR Organizations, General Public and Vulnerable Groups)
• Mobilizer, coordinator and/or contributor of resources for research and implementation programs on human rights.
• Synchronizer of HR programs to include those of the civil society thereby enhancing complementation, sharing and mutual reinforcement.
• Collaborator/Partner in HR program design and implementation.
• Advisor and Provider of human rights standards.
• Trainor of trainors for sustained promotion and advocacy program.
• Moulder and Educator of the general public particularly the vulnerable groups on human rights norms, standards and practices.
ROLES AND COMMITMENTS(CHR)
IN RELATION TO HR VICTIMS • Mobilizer of civil society, protection services providers and
provision of protection standards and guidelines. • Provider of technical assistance to civil society service
providers in improving their capacity to render protection services such as legal, investigation and financial assistance.
• Provider of financial assistance (when able) to civil society groups in their transactional protection activities.
• Provider of public information on human rights services and service provider to improve access particularly by vulnerable groups as well as monitor of non-discriminatory access of vulnerable groups to basic services.
• Provider of direct assistance to victims of human rights violation.
ROLES AND COMMITMENTS(CHR)
GROUP 3Binuya, Gilbert
Calura, Mary ClaireLicup, Djoone
Magundayao, Khay AnnMallare, Manuel
