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Luna, Isabelle A.

SS10/E02

ARTICLE VI, VII, VIII

Legislative Executive Judicial


Membership Congress: President Supreme Court
 Senator- 24 members Vice President  Chief of Justice
 Senate President  Fourteen (14)
 House of Associate justice
Representatives – a Organization of Courts:
maximum of 250 1) Regular courts
members a) Court of Appeals- 69
 House of justices headed by
Representative Presiding Justice
which operates in 23
divisions
b) Regional Tial Court-
720 Regional Trial
Judges in each 13
regions
c) Metropolitan Trial
Court/ Municipal
Trial Court
2) Special courts
a) Sandiganbayan-
14 jusrices and a
presiding Justice
b) Vourt of Tax
Appeals
Qualifications Senator President and Vice- Supreme Court
a) a natural-born citizen of President a) A Natural-Born
the Philippines; a) a natural-born citizen Citizen of The
b) at least 35 years of age of the Philippines; Philippines;
on the day of the b) a registered voter; b) At Least Forty (40)
election (i.e., day of the c) able to read and Years of Age;
balloting); write; c) Must Have, For
c) able to read and write; d) at least forty (40) Fifteen (15) Years or
d) a registered voter; and years of age on the More, Been A Judge
e) a resident of the day of the election Of A Lower Court Or
Philippines for not less (not proclamation or Engaged In The
than (2) years assumption) for Practice Of Law In
immediately preceding President; and The Philippines; And
the day of the election. d) Must Be A Person
(Sec.3.) Proven Competence,
House of Representatives Integrity, Probity and
a) a natural-born citizen of Independence
the Philippines; Qualifications of Members
b) at least 25 years of age Of Any Lower Collegiate
on the day of election; Court (Sandiganbayan,
c) able to read and write; Court Of Appeals, And
d) except for party-list Court Of Tax Appeals)
representatives, - Shall Be Prescribes By
registered voter in the Congress, And Must
district in which he shall Be Natural-Born
be elected; and Citizen Of The
e) a resident for a period of Philippines
not less than one (1)
year preceding the day Qualifications of Judges Of
of the election. Lower Courts
1) Constitutional
- Must Be A Citizen
- Must Be A Member of
The Philippine Bar
- Person of Proven
Competence, Integrity,
Probity and
Independence
2) Statutory
- Qualifications
provided under a law
passed by the defunct
Batasang Pambansa.
Powers and Function of laws- defines the Executive power- power to Judicial power-
Functions rights and duties of citizens administer the laws, which is the power to apply the laws
imposes taxes, appropriates means carrying them into to contests or disputes
funds, defines crimes and practical operation and concerning legally recognized
provides for their jurisdiction enforcing their due rights or duties between the
and functions, and in general, observance State and private persons, or
regulates human conduct and the - The president shall between individual litigants in
use of property for promotion of have control over the cases properly brought before
the common good. executive the judicial tribunal.
departments, 1) Adjudicatory power-
Powers of Congress: bureaus, and offices. duty of court of justice
Under the Congress of the - Extent of the power - Settle actual
Philippines, a double chamber of control of cabinet controversies
body consisting of the Senate members, involving rights which
and House of the subordinate officers, are legally demandable
Representatives, a bicameral officers and and enforceable; and
legislature has been created in employees in the - Grave abuse of
the place of the unicameral set- career service discretion
up provided in the 1973 - The president shall 2) Power of judicial
Constitution. be the Commander- review
in-Chief of all armed 3) Incidental powers
Power and functions of Senate forces of the
of President and House Philippines Powers of the Supreme
Speakers Court
They are implied as - Exercise original
administrative heads and jurisdiction of
presiding officers of their Supreme Court over
respective chambers. Presides cases affecting
over their sessions, preserve ambassadors, etc.
order and decorum, decide all - Review, revise,
questions of order, signs acts, reverse, modify, or
resolutions, orders and warrants, affirm on appeal or
issue subpoenas, and appoint certiorari, etc.
personnel, and discipline them. - Exclusive appellate
jurisdiction of the
Classification of powers of Supreme Court
Congress: - Assignment of judges
1) General legislative to lower courts and
power other stations
2) Specific powers - Change of venue or
3) Implied powers place of trial
4) Inherent powers - Rule-making power of
the Supreme Court
Limitations Term of Office: Term of Office: Limitations on the rule-
 Senator- six (6) years  President- six (6) making power of the
 House of years Supreme Court
Representatives- three  Vice President- six 1) Such rules shall provide a
(3) years (6) years simplifies and inexpensive
Maximum terms: procedure for the speedy
 Senator- is prohibited Maximum Terms disposition of cases;
to serve for more than  President- a person 2) Shall be uniform for all
two (2) consecutive who has held the courts of the same grade
terms. office of the 3) Shall not diminish,
 House of President is increase, or modify
Representative- not absolutely substantive rights
more than three (3) disqualifies for any
consecutive terms reelection
 Vice President- Not
Limitations on the power of more than two
Congress: successive terms
1) Substantive
(a) Implied
limitations
(b) Specific
limitations on
general
legislative
powers
(c) Specific
limitations on
specific powers
(d) Formal

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