RYONELL R.

CABARDO
LLB-4

ARTICLE VI. Legislative

Department
Summary: Article VI provides for the establishment of a
bicameral legislature, its composition, terms of office, powers and
functions as the legislative branch of the government. Under this
Article, the people can also exercise legislative powers through a
system of initiative and referendum. The members of the Senate,
or the Upper house, are elected at large by the qualified voters of
the Philippines and are to serve for six years with a maximum of
two terms. While there are two kinds of members of the House of
Representatives or the Lower House of Congress, namely, the
representatives elected by district and those elected through the
party-list system. The term of office of the members of the lower
house is shorter than the Senate.
Each member of the House of Representatives is elected for
a term of three years with a maximum of three terms. The powers
of Congress include the passage of bills, levy taxes, approve
appropriation, declare a state of war, and confirm presidential
appointments through the Commission of Appointments.
1. Houses of Congress
Compositions, Qualifications and Terms of Office
SENATE

HoR
COMPOSITION

24 Senators (Elected at large Not more than 250

by qualified Filipino voter
members, unless otherwise
provided by law.
QUALIFICATIONS
Natural-born citizen of the
Natural-born citizen of the
Philippines; at least 35 years Philippines ;at leat 25 years
of age in the day of election; of age on the day of
able to read and
election; able to read and
write;Resident of the Phil.
write; Except the party list
For not less that two (2)
representative, a registered
years immediately preceding voter in the district in which
the day of election
he shall be elected and a
resident thereof for period
of not less than one (1) year
immediately preceding the
day of election.

TERM OF OFFICE
6 years, commencing
3 years commencing at
th
at noon on the 30
noon on the 30th day of June
day of June next
next following their election
following immediately
preceding the day of
election
Term Limit: Only up to 3
Term Limit: Only up to 2
consecutive terms
consecutive terms.
2.

House of Representatives

a) District Representatives and Questions of Apportionment

i) District representatives, elected from legislative districts
apportioned among the provinces, cities and the Metropolitan
Manila area.
b) PartyList System
ii) Party-list representatives, who shall constitute twenty per
centum of the total number of representatives, elected through a
party-list system of registered national, regional, and sectoral
parties or organizations.
iii.) Sectoral representatives. For three consecutive terms after
the ratification of the Constitution, one-half of the seats allocated
to party-list representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other
sectors as may be provided by law, except the religious sector.
Apportionment shall be made in accordance with the number
of respective inhabitants [among provinces, cities and Metro
Manila area], on the basis of a uniform and progressive ratio.
But: (i) each city with not less than 250,000 inhabitants shall
be entitled to at least one representative; and (ii) Each
province, irrespective of number of inhabitants, is entitled to
at least one representative.
Each legislative district shall comprise, as far as practicable,
contiguous, compact and adjacent territory. This is intended to
prevent gerrymandering.
Congress to make reapportionment of legislative districts
within three years following the return of every census.
3. Legislative Privileges, Inhibitions and

Disqualifications

a.

Parliamentary Immunities and Privileges

Immunity from arrest- Legislators are privileged from arrest
while Congress is in session with respect to offenses
punishable up to 6 years of imprisonment.
Parliamentary privilege of speech- It is a privilege or
immunity of a member of Congress from being questioned or
held liable in any other place for any speech or debate in the
Congress or in any committee thereof.
Salaries The salaries of Senators and Representatives shall
be determined by law. No increase in said compensation
shall take effect until after the expiration of the full term of
all the Members of the Senate and the House of
Representatives approving such increase. [Art. VI, Sec. 10].

b.

Incompatible and Forbidden Offices

Incompatible office -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.
Forbidden office [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.]. The
ban against appointment to the office created or the
emoluments thereof increased shall, however, last only for
the duration of the term for which the member of Congress
was elected.

c.

Parliamentary Inhibitions and Disqualifications

Other inhibitions [Sec. 14, Art. VI: 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 or 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.

2.Sessions

Regular: Congress shall convene once every year on the

fourth Monday of July, unless a different date is fixed by law,
and shall continue for such number of days as it may determine
until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays and legal holidays [Sec. 15,
Art. VI],
Special: The President may call a special session at any time"
[Sec. 15, Art. VI]. A special session may be called by the
President at any time, usually to consider legislative measures
which the President may designate in his call.
3. Joint sessions:
a) Voting separately:
i) Choosing the President [Sec. 4, Art. VII].
ii) Determine Presidents disability [Sec. 11, Art. VII].
iii) Confirming nomination of the Vice President [Sec. 9, Art.
VII].
iv) Declaring the existence of a state of war [Sec. 23, Art. VI],
v) Proposing constitutional amendments [Sec. 1, Art. XVII],
b) Voting jointly: To revoke or extend proclamation suspending
the privilege of the writ of habeas corpus or placing the
Philippines under martial law [Sec. 18, Art. VII].
QUORUM ANDVOTING MAJORITIES QUORUM
Majority of each House shall constitute a quorum. A smaller
number may adjourn from day to day and may compel the
attendance of absent members. In computing a quorum,
members who are outside the country, thus outside of each
Houses coercive jurisdiction, are not included. Majority refers
to the number of members within the jurisdiction of the
Congress (those it can order arrested for the purpose of
questioning). In this case, one Senator was out of the
Philippines which is not within the jurisdiction of the Senate,
so that the working majority was 23 Senators. There is a
difference between a majority of "all members of the House"
and a majority of "the House", the latter requiring less number
than the first. Therefore, an absolute majority (12) of all
members of the Senate less one (23) constitutes constitutional
majority of the Senate for the purpose of the quorum. [Avelino
v. Cuenco (1949)]
VOTING MAJORITIES

Doctrine of Shifting Majority For each House of Congress to

pass a bill, only the votes of the majority of those present in
the session, there being a quorum, is required.
4. Adjournment. Neither House during the sessions of the
Congress shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in which
the two Houses shall be sitting [Sec. 16 (5), Art. VI].

4.

Internal Government of Congress

Discipline of members [Sec. 16(3), Art. VI]: House may punish its
members for disorderly behavior, and, with the concurrence of 2/3
of all its members, suspend (for not more than sixty days) or
expel a member. (Osmena v. Pendatun, 109 Phil 863,) where the
Supreme Court said that the determination of the acts which
constitute disorderly behavior is within the full discretionary
authority of the House concerned, and the Court will not review
such determination, the same being a political question.
5. Electoral Tribunals and the Commission on
Appointments

ELECTORAL TRIBUNALS [Art. VI, Sec. 17]

(1) Senate Electoral Tribunal (SET)
(2) House Electoral Tribunal (HRET)
Electoral Tribunals.
Composition: Three Supreme Court justices designated by the
Chief Justice, and six members of the house concerned chosen on
the basis of proportional representation from the political parties
registered under the party- list system represented therein. The
Senior Justice shall be its Chairman.
Power. The Electoral Tribunals of the Houses of Congress shall be
the sole judge of all contests relating to the election, returns and
qualifications of their respective members. The Electoral Tribunal
is independent of the Houses of Congress [Angara v. Electoral
Commission, 63 Phil 139; Morrero v. Bocar, 66 Phil 429], and its
decisions may be reviewed by the Supreme Court only upon
showing of grave abuse of discretion in a petition for certiorari
filed under Rule 65 of the Rules of Court [Pena v. House of

Representatives Electoral Tribunal G R No 123037, March 21,

1997].

Independence of the Electoral Tribunals.

Since the ETs are independent constitutional bodies, independent
even of the respective House, neither Congress nor the Courts
may interfere with procedural matters relating to the functions of
the ETs. [Co vs HRET, (1991)] The HRET was created to function
as a nonpartisan court although two-thirds of its members are
politicians. To be able to exercise exclusive jurisdiction, the House
Electoral Tribunal must be independent. Its jurisdiction to hear
and decide congressional election contests is not to be shared by
it with the Legislature nor with the courts. "The Electoral
Commission is a body separate from and independent of the
legislature and though not a power in the tripartite scheme of
government, it is to all intents and purposes, when acting within
the limits of its authority, an independent organ; while composed
of a majority of members of the legislature it is a body separate
from and independent of the legislature. [Bondoc v. Pineda
(1991)]

Judicial Review of Decisions of Electoral Tribunals With the

Supreme Court only insofar as the decision or resolution
was rendered:
(1) without or in excess of jurisdiction, or
(2) with grave abuse of discretion tantamount to denial of
due process.
Commission on Appointments [Sec. 18, Art. VI].
Composition: The Senate President, as ex officio Chairman,
12 Senators and 12 Members of the House of
Representatives, elected by each House on the basis of
proportional representation from the political parties
registered under the party-list system represented therein.
The Chairman shall not vote except in case of a tie
Powers. The Commission shall act on all appointments
submitted to it within 30 session days of Congress from their
submission. The Commission shall rule by a majority vote of its
members. The Commission shall meet only while Congress is in
session, at the call of its Chairman or a majority of all its
members. See Sarmiento v. Mison, 156 SCRA 549; Deles v.
Committee on Constitutional Commissions, Commission on

Appointments, 177 SCRA 259; Bautista v. Salonga, 172 SCRA

169.
Jurisdiction .
(1) CA shall confirm the appointments by the President with
respect to the following positions: (a) Heads of Executive
departments (except if it is the Vice-President who is appointed
to a cabinet position);
(b) Ambassadors, other public ministers or consuls;
(c) Officers of the AFP from the rank of Colonel or Naval
Captain;
(d) Other officers whose appointments are vested in him by the
Constitution (e.g. members of constitutional commissions)
(2) Congress cannot by law require that the appointment of a
person to an office created by such law shall be subject to CA
confirmation.
Appointments
extended
by
the
President
to
the
abovementioned positions while Congress is not in session
(adinterim appointments) shall only be effective: (1) Until
disapproval by the Commission on Appointments; OR (2) Until
the next adjournment of Congress.
6. Powers of Congress
1. Original: Possessed by the people in their sovereign
capacity ex.
2. initiative and referendum.
3. Delegated: Possessed by Congress and
other legislative bodies by virtue of the Constitution.
4. Constituent: The power to amend or
revise the Constitution
5.

Ordinary: The power to pass ordinary laws.

Classification of Powers of Congress

I.

Legislative Power in General

Refers to the power to enact laws which incldes the power to alter
or repeal them. The power to enact starts formally from the time
a bill or a proposed law, is introduced by a member if the HoR or
Senator. Once approve by the Congress and the President, the
said bill becomes a law.
II.

Specific Legislative powers

Refers to powers expressly conferred by the Constitution. Ex.

Power of Appropriation, Power of Taxation, and Power of
Expropriation
III.

Non- Legislative Powers

Refers to powers which are not basically legislative in nature but

which are performed by the Congress. Ex. Power to propose
amendments to the constitution; Power to Canvass Presidential
elections; Power to declare the existence of war.
IV.

Implied Powers

These are the powers which are not expressly conferred by the
Constitution but which are implied from those expressly granted.
Ex. Power to punish or declare a person in contempt during or in
the course of legislative investigation, Power to issue summons
and notices in connection with matters subject of investigation or
inquiry,
V.

Inherent Powers

These are the powers which are inherent to the exercise of its
legislative powers. Ex. Power to determine the rules of its
proceedings.
Bicameral Conference Committee Ways of passing bills:
(1) Jointly: in a joint session, supra
(2) Separately: each house takes up bill on its own; the houses, in
turn, can pass the bill:
(a) Simultaneously: houses take up a bill at the same time
(b) Sequentially: bill originates from one house and, upon proper
passage, is transmitted to the other house for the latters own
passage. In case of conflict between the two houses versions, a
bicameral conference committee is organized. Bicameral
Conference Committee (BCC):
(1) Composed of equal number of members from the Senate and
the HOR
(2)
Makes
recommendations
to
reconcileconflicting provisions/versions

houses

on

how

to

(3) BCC members are usually granted blanket authority to

negotiate/reconcile the bills.
(4) At the end of the process, the BCC comes up with a
Conference Committee Report, which is then submitted to the

respective chambers for approval. Upon approval, the bill may be

engrossed. The Bicam report need not pass through three
readings. The Bicam may also include entirely new provisions and
substitutions.
Enrolled bill doctrine The signing of a bill by the Speaker of
the House and the President of the Senate and the certification by
the secretaries of both Houses of Congress that it was passed are
conclusive of its due enactment.
9.

Limitations on Legislative Power

Ex post Facto law

Bill of Attainder
Impairment of the Obligation of contract
Title of royalty or nobility
Appellate Jurisdiction of the SC
Tax Exemption
Presidential
Veto
and
Congressional
Override
Submission to the President; Presidents Veto power
[Sec 27, Art VI]
Every bill, in order to become a law, must be presented to
and signed by the President. If the President does not
approve of the bill, he shall veto the same and return it with
his objections to the house from which it originated. The
House shall enter the objections in the journal and proceed
to reconsider it. The President must communicate his
decision to veto within 30 days from the date of receipt
thereof. Otherwise, the bill shall become a law as if he signed
it.(Lapsed into law) To override the veto, at least 2/3 of ALL
the members of eachhouse must agree to pass the bill. In
such case, the veto is overridden and becomes a law without
need of presidential approval.
General Rule: Partial veto is invalid; all-or-nothing
Exceptions: (1) Veto of particular items in an appropriation,
revenue, or tariff (2) Doctrine of Inappropriate Provisions.
Item veto
The President may veto particular items in an appropriation,
revenue or tariff bill.The whole item (and not just a portion)
must be vetoed.

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Item - in a bill, refers to the particulars, the details, the

distinct and severable parts; an indivisible sum of money
dedicated to a stated purpose; in itself, a specific
appropriation of money, not some general provision of law,
which happens to be in an appropriation bill.
The president cannot veto unavoidable obligations, i.e.
already vested by another law (e.g. payment of
pensions)This veto will not affect items to which he does not
object.
Veto of a Rider
A rider is a provision which does not relate to a particular
appropriation stated in the bill. Since it is an invalid provision
under art. VI, sec. 25(2), the President may veto it as an
item. The executive's veto power does not carry with it the
power to strike out conditions or restrictions. If the veto is
unconstitutional, it follows that the same produced no
effectwhatsoever, and the restriction imposed by the
appropriation bill, therefore, remains.
Doctrine of Inappropriate Provisions
A provision that is constitutionally inappropriate for an
appropriation bill may be singled out for veto even if it is not
an appropriation or revenue item. [Gonzales vs Macaraig,
(1990)] bill; (2) Doctrine of Inappropriate Provisions.

ARTICLE VII: Executive Department

Summary: Article VII stipulates the qualifications, duties and
functions of the President and Vice-President. It expressly
states that the executive power is vested in the President of
the Philippines. The President and the Vice-President are
elected by direct vote of the qualified voters of the
Philippines for a six-year term. While the President is not
qualified for re-election, the vice-president can serve two
(2) consecutive terms. This article stipulates that the
President is the head of state, the chief executive of
government, and the commander-in-chief of the armed
forces. However, certain protections are declared against
abuses of executive power such as the prohibition against
practice of any other profession, prohibition against
appointment of spouse and relatives to certain positions in

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government and limitation on the declaration of martial law

or suspension of the privilege of the writ of habeas corpus
to a period not exceeding 60 days.
Executive Department

1.Qualifications
The President 1. Qualifications: 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 [Sec. 2, Art. VII].
a. Privileges
Privileges [Sec. 6, Art. VII],
Official residence.
Salary. Determined by law; shall not be decreased
during tenure. No increase shall take effect until
after the expiration of the term of the incumbent
during which such increase was approved
Executive Privilege
(1) Executive Immunity
The President is immune from suit during his tenure
NB: After his tenure, the Chief Executive cannot
invoke immunity from suit for civil damages arising
out of acts done by him while he was President
which were not performed in the exercise of official
duties [Estrada v. Desierto, G.R. Nos. 146710-15,
March 02, 2001].
2.

Powers of the President

a.
Executive and Administrative Powers in
General
The power of carrying out the laws into practical operation
and enforcing their due observance.
b. Appointing Power
(1) In General
It is the Selection, by the authority vested the power, of an
individual who is to exercise the functions of a given office

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(2) Commission
Confirmation

on

Appointments

a. Heads of Executive Departments

b. Ambassadors, other public ministers and consuls
c. Officers of AFP from the rank of colonel or naval
captain
d. Other officers of the government whose appointments
are vested in the President under the Constitution.
Midnight Appointments
General Rule: Two months immediately before the next
presidential elections (2nd Monday of March), and up to the end
of his "term" (June 30), a President (or Acting President) shall not
make appointments. (art. VII, sec. 15)
Exception: Temporary appointments to executive positions, when
continued vacancies will: (1) prejudice public service; or (2)
endanger public safety. Limited to Executive Department- The
prohibition against midnight appointment applies only to positions
in the executive department. [De Castro v. JBC (2010)] In re:
Valenzuela [A.M. No. 98-5-01-SC, November 9, 1998], which
extended the prohibition for midnight appointments to the
judiciary, effectively overruled.
Limited to Caretaker Capacity
While "midnight appointments" (i.e. made by outgoing President
near the end of his term) are not illegal, they should be made in
the capacity of a "caretaker," doubly careful and prudent in
making the selection, so as not to defeat the policies of the
incoming administration. Hence, the issuance of 350
appointments in one night and the planned induction of almost all
of them a few hours before the inauguration of the new President
may be regarded as abuse of presidential prerogatives. [Aytona v.
Castillo (1962)]
BUT the Aytona ruling does not declare all midnight appointments
as invalid, and that the ad interim appointment of the petitioner
chief of police here, whose qualification and regularity were
otherwise not disputed, is thus valid. [Quimsing v. Tajanglangit
(1964)]
Applies only to President- Ban does not extend to
appointments made by local elective officials. There is no law that

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prohibits local elective officials from making appointments during

the last days of his or her tenure. (De Rama v. CA (2001)]
b. Power of Removal
The President derives his implied power of removal from
other powers expressly vested in him.
c. Power of Control and Supervision
Control is the power of an officer to alter or modify
or nullify or to set aside what the subordinate has
done in the performance of his duties and to
substitute ones own judgment for hat of a
subordinate.
Supervision is the power of a superior officer to
ensure what the laws are faithfully executed by
subordinates.
Doctrine of Qualified Political Agency
It means that the acts of the secretaries of the Executive
departments performed and promulgated in the regular
course of business are presumptively the acts of the
Chief Executive.
e.

CommanderinChief Power
The President as Commander-in-Chief, has the absolute
authority over the person and actions of the members
of the armed forces.

f. Calling-out powers- the President may call the armed

forces to prevent or suppress lawless violence, invasion or
rebellion. The only criterion for the exercise of this power is
that whenever it becomes necessary.
g. Power to suspend the privilege of the writ of habeas
corpus
Requisites to exercise Power to suspend the privilege of the
writ of habeas corpus
There must be invasion or rebellion;
Public Safety requires suspension

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h. Power to proclaim martial law over the entire Philippines or

any part thereof
i. Executive Clemency
Executive Clemency Is granted for the purpose of
relieving the harshness of the law or correcting
mistakes in the adminsitation of justice.
The President may grant the following:
1. Pardons
2. Reprieves
3. Commutations
4. Remission of Fines and forfeitures
5. Amnesty
Pardon is an act of grace which exempts an individual
on whom it is bestowed from punishment which the law
inflicts for a crime he has committed.
Reprieve is the postponement of sentence to a date
certain or to stay execution
Commutation is the reduction or mitigation of the
penalty from death penalty of life imprisonment,
remittances and fines.
Remission of fines and forfeitures merely prevents the
collection of fines or the confiscation of forfeited
property.
Amnesty is a grant of general pardon to a class of
political offenders wither after conviction or even before
charges are filed.
j. Diplomatic Power
The President is the chief architect of relations. By reason of
Presidents unique position as Head of State, he is the
logical choice of nations spokesman in foreign relations.
k. Budgetary Power
Within 30 days from opening of every sregular session, The
President shall submit to Congress a budget of expenditures
and sources of financing, including receipts from existing and
proposed revenue measures.
l. Residual Power
Whatever power inherent in the government that is neither
legislative nor judicial has to be executive.
m.
Impoundment Power
It refers to the refusal of the President, for whatever reason,
to spend funds made available by Congress. It is the failure
to spend or obligate budget authority of any type.

ARTICLE VIII: Judicial Department

15

Summary: Article VIII provides for the composition, powers and

functions of the judiciary. The judicial power is vested in one
Supreme Court and in such lower courts as may be established by
law. Composed of the Chief Justice and 14 Associate Justices, the
Supreme Court has administrative supervision over all courts and
its personnel. Among the notable powers of the Supreme Court
are its exercise of original jurisdiction on cases involving
ambassadors, public ministers and consuls; review, revise,
reverse, modify, or affirm judgments or decisions of lower courts;
rule on the constitutionality of laws and treaties; and appoint
officials and employees of the judiciary. Furthermore, the
members of the Supreme Court and the judges of lower courts are
appointed by the President from a list of at least three nominees
prepared by the Judicial and Bar Council (JBC). They must be
natural-born citizens of the Philippines and must be at least forty
years of age. They will hold office hold office during good behavior
until the age of 70 years or become incapacitated to discharge
the duties of their office. The JBC, which is created in this article,
is under the supervision of the Supreme Court and has the
principal function of nominating appointments to the judiciary

1.Judicial Power
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.

2.Judicial Review
The power of the Supreme Court to declare a law, treaty,
ordinance and other governmental act unconstitutional.

3.Appointments to the Judiciary

The members of the judiciary are appointed by the President
from among the list of at least three nominees prepared by
the Judicial and Bar Council (JBC) for every vacancy.
Note: The appointment shall need no confirmation from the
Commission on Appointments.
Composition of JBC

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Chief Justice
Secretary of Justice
Representative of Congress
Representative of IBP
Professor of law
A retired member of the SC
Private Sector representative
Appointment, Tenure, Salary of JBC Members Ex-officio
members
None apply since the position in the Council is good only while the
person is the occupant of the office. Only ONE representative from
Congress-Former practices of giving vote or (more recently) 1
full vote each for the Chairmen of the House and Senate
Committees on Justice is invalid. The framers intended the JBC to
be composed of 7 members only. Intent is for each co-equal
branch of govt to have one rep.
UPDATE (But outside the cut-off date): Court denied the motion
for reconsideration, and lifted the suspension of the dispositive
portion in the July 17, 2012 decision ordering the JBC to
reconstitute itself.
Regular members [Art. VIII, Sec. 8(2)]
The regular members shall be appointed by the President with the
consent of the Commission on Appointments. The term of the
regular members is 4 years.

6.Supreme Court
a. En Banc and Division Cases
i.

All cases involving the constitutionality of a treaty,

international or executive agreement, or law

ii.

All cases involving the constitutionality of application or

operation of presidential decrees, proclamations, orders,
instructions, ordinances and other regulations;

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iii.

All cases required under Rules of Court to be hear en Banc

iv.

Cases heard by a division when required majority is not

obtained

v.

Cases where SC modifies doctrine or principle

vi.

Adminstrative cases re: Judges of lower courts

vii.

Election contests for President or VP

b. Procedural RuleMaking Power

Scope:
1. The protection and enforcement
of constitutional rights
2. Pleadings, practice and procedure in all courts
3. Admission to the practice of law
4. The Integrated Bar
5. Legal assistance to the underprivileged
Limitations:
1.It
should
provide
a
simplified
and inexpensive
procedure for the speedy
disposition of cases.
2. It should be uniform for all courts of the same grade.
3. It should not diminish, increase, or modify substantive
rights.
c.
Administrative Supervision Over Lower Courts
(1) Assign temporarily judges of lower courts to other stations as
public interest may require; Shall not exceed 6 months without
the consent of the judge concerned
(2) Order a change of venue or place of trial to avoid a
miscarriage of justice;
(3) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law;
(4) Supervision over all courts and the personnel thereof;
(5) Discipline judges of lower courts, or order their dismissal.
ORIGINAL AND APPELLATE JURISDICTION
Original Jurisdiction [Art. VIII, sec. 5[1]]
(1) Cases affecting ambassadors, other public ministers and
consuls

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(2) Petition for certiorari

(3) Petition for prohibition
(4) Petition for mandamus
(5) Petition for quo warranto
(6) Petition for habeas corpus
Original Jurisdiction [Art. VIII, Sec. 5(2)] on appeal or
certiorari (as the Rules of Court provide), SC may review, revise,
reverse, modify, or affirm final judgments and orders of lower
courts in:
(1) Cases involving the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation
(2) Cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto
(3) Cases in which the jurisdiction of any lower court is in issue
(4) Criminal cases where the penalty imposed is reclusion
perpetua or higher.
(5) Cases where only a question of law is involved.
Grounds Removal from Office on Impeachment of Members
of the SC [Art. XI, sec. 2]
(1)
(2)
(3)
(4)
(5)
(6)

Culpable violation of the Constitution

Treason
Bribery
Graft and corruption
Other high crimes
Betrayal of public trust

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