SOURCES OF LAW (Legal Research and Writing)

SOURCES OF LAW
LEGAL RESEARCH
LECTURE BY SAPP Catherine E. Rutor-Reyes

THE PHILIPPINE GOVERNMENT
What form of government does
Philippine have?

The Philippines is
a constitutional republi
c with a presidential form
of government wherein
power is equally divided
among its three
branches: executive,
legislative, and judicial.
The Philippines is a
democratic and
republican state.
Sovereignty resides in the
people, and all
government authority
emanates from them.
- 1987 Constitution
- head of government, typically with
the title of president, leads an
executive branch that is separate from
the legislative branch in systems that
use separation of powers. This system
was first introduced in the United States
- A democratic country has a system of
government where people have the power to
participate in decision-making, i.e. choice of
government officials to represent them.
Republican state –
-a country where power is held by
the people or the representatives
that they elect
https://pcgsanfrancisco.org/the-government/;
accessed on 9/5/2-24

Manifestations of a Democratic and Republican
State (Sec. 1, Art. II)
1. The existence of a bill of rights;
2. The observance of the rule of majority;
3. The observance of the principle that ours is a government of laws,
and not of men;
4. The presence of elections through popular will;
5. The observance of the principle of separation of powers and the
system of checks and balances;
6. The observance of the principle that the legislature cannot pass
irrepealable laws;
7. The observance of the law on public officers; and
8. The observance of the principle that the State cannot be sued
without its consent.
http://philgovernment.blogspot.com/2009/11/manifestations-of-democratic-and.html, accessed on 9/14/2024

Three Branches of the
Government
Legislativ
e
law-making
branch
Executiv
e
law-enforcing
branch
Judiciary
law-interpreting
branch

HOW DOES THE THREE BRANCHES OF
THE GOVERNMENT OPERATE?

SEPARATION OF POWER
Co-equal and coordinate powers
Non-encroachment on the
exclusive domains of the others
Thus, if one department acts
beyond the powers vested in it by
the Constitution, such acts will be
considered as invalid and of no
effects.
Is there guarantee that each branch
will not ABUSE the power given
them?
How can each branch check that the
other branch is not encroaching on
each other’s power?

CHECK AND BALANCE
Each branch is given certain powers by the Constitution to
“check” the powers of the other branches in order to balance
the exercise of such powers and thus prevent and curtail
possible abuses by any one of them.
It is important aspect of the doctrine of separation of powers
which serves to limit

PRESIDENT SENATE/
CONGRESS
SUPREME COURTS
VETO POWER Power to override
President’s veto power
Power to resolve
constitutional questions
Power to revoke
President’s proclamation
of martial law or
suspension or privilege of
writ of habeas corpus
Power to check abusive
exercise of discretion by
any branch of
government.
PARDONING POWER Power to disapprove
appointments by the
President
Power to review
proclamation of martial
law or suspension of
privilege of habeas
corpus
Power of impeachment
CHECKING POWERS
Veto power – to prevent
enactment/approve
• Bill passed by Congress
• Items in appropriation,
revenue or tariff bill, which
veto does not affect the
item/s he did not object.
Pardoning power – grant
pardons, executive clemency,
which act has the effect of
modifying or setting aside the
judgment of courts
Power to override- (2/3 of all the
member’s vote, concurred by at
least 2/3 of all the members of
the other chamber)
Martial Law - refers to the
instances in which the
Philippine head of state
(president) placed all or part
of the country under military
control.
Writ of habeas corpus
is used to bring a prisoner or
other detainee (e.g.
institutionalized mental
patient) before the court to
determine if the person's
imprisonment or detention is
lawful.

SOURCES OF LAW (Legal Research and Writing)

❓ Who head the executive department? Officials?
❓ How do we elect our President and Vice President?
❓ How about the heads of the Cabinets, Department and
Bureaus? Are they elected or appointed?
❓ What is the term of office of the President of the Philippines?
❓ When did the President of the Philippines start/end his term
of office?
❓ Can we reelect our President / Vice President?

QUALIFICATIONS
PRESIDENT
(ELECTED)
VICE
PRESIDENT
(ELECTED)
CABINETS
(APPOINTED BY THE
PRESIDENT)
Secretaries / Undersecretaries
1. Natural born Filipino citizen same same
2. Registered voter same same
3. Able to read and write same College Degree
4. At least 40 years old at the time of
election
same Depends on the Office
being served
5. Resident of the Philippines for at least 10
years immediately preceding the election
same

TERM OF OFFICE
PRESIDENT
(ELECTED)
VICE PRESIDENT
(ELECTED)
CABINETS
(APPOINTED BY THE
PRESIDENT)
6 years, no re-election 6 years, can be re-elected
once
Works at the pleasure of
the appointing authority
COMMENCEMENT/END OF TERM OF OFFICE
Begins at noon of 13 June next following the day of the election
Ends at the noon of the same date, six years thereafter
REMOVAL FROM OFFICE
shall be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason,
bribery, other high crimes, or graft and corruption.

POWERS OF THE PRESIDENT
1. Executive power and
administrative control
9. Budgeting power 17. Power to approve bills
enacted by the Congress
2. Power of appointment and
temporary designation
10. Informing power 18. Veto power
3. Ordinance power 11. Power over aliens 19. Power to certify bill as urgent
4. Power over military and calling
out power
12. Power of eminent domain 20. Power to concur with
COMELEC
Re: deputization of law
enforcement agencies
5. Power to proclaim Marshall
Law and suspend the privilege
13. Power to direct escheat or
reversion
21. Power to remove or discipline
COMELEC-deputized officer or
employee
6. Pardoning power and amnesty
power
14. Power to reserve lands of the
public and private domain of the
government
22. Emergency power
7. Borrowing power 15. Power over ill-gotten wealth 23. Tariff power
8. Diplomatic and treaty-making 16. General supervision over LGU 24. Residual powers

POWERS OF THE PRESIDENT
1. Executive power
and
administrative
control
- President exercise
control over all the
departments,
bureaus and
offices
- Ensure faithful
execution of laws
 Source: Art. VII, Constitution
 Title: EXECUTIVE DEPARTMENT

2. Power of appointment
and temporary
designation
- vested in the President
by virtue of the
Constitution.
KINDS OF PRESIDENTIAL
APPOINTMENTS
1. REGULAR
APPOINTMENT
2. AD INTERIM
APPOINTMENTS
 Appointment made
during the session,
with consent of the
Commission on
Appointment
 Made during recess
of Congress, subject
to the disapproval
by the
COAppointmnet

3. NOT REQUIRING
CONSENT/CONFIRMATION
BY COAppointment
4. POWER TO TEMPORARY
DESIGNATE AN OFFICER
 Appointments of all other
officers of the government:
a. Whose appointments are not
otherwise provided by law;
b. Whom he may be authorized
by the law to appoint.
 Reason:
 There is vacancy caused by
illness, absence or other cause
of the regularly appointed
officer
 Not exceeding 1 year
 Officer appointed to perform
functions in the executive
branch

3. Ordinance Power
 power to issue orders
and other executive
issuances
 to streamline policies
and programs of the
administration
 To ensure proper
implementation
SIX PRESIDENTIAL
ISSUANCES
1. EXECUTIVE ORDERS
2. ADMINISTRATIVE ORDERS
Acts of the President
 pertaining to rules of
general or permanent
character in
implementation or
execution of
constitutional or
statutory powers
 Particular aspects of
governmental
operations
 Pursuant to the
President’s duty as the
administrative head

3. MEMORANDUM ORDER
4. MEMORANDUM CIRCULARS
 pertaining on matters of
administrative detail, or of
subordinate or temporary
interest, which only
concern a particular
officer or government
office
 Pertains to internal
administration
 directed to the attention
of some or all the
departments, agencies,
bureaus, or offices of the
government,
 for information or
compliance.

3. GENERAL OR SPECIAL
ORDERS
 Acts or commands of the
President in his capacity
as commander-in-chief of
the AFP

4. Power over the
military and calling
out power
• President is the
COMMANDER-IN-CHIEF
of ALL the Armed Forces
of the Philippines
• President may CALL OUT
the AFP
 to prevent lawlessness,
violence, invasion or
rebellion
 whenever necessary

5. Power to PROCLAIM
MARTIAL LAW
Power to SUSPEND
WRIT OF HABEAS
CORPUS
Martial Law refers to
the replacement of civil rule
by military rule.
This may be characterized
by:
o curfews
o the dispensation of
military tribunal rulings
on civilians
o the suspension of the
privilege of the writ of
habeas corpus
When to suspend:
1. Invasion or rebellion
2. When public safety
requires
3. Not to exceed 60 days
Martial Law is a power of the
President as Commander-in-
Chief of all Philippine armed
forces meant for times of
crisis and for the security of
people and expediting
justice.
READ:
https://lawphil.net/judjuris/
juri1951/oct1951/gr_l-
4855_1951.html
Source: https://martiallawmuseum.ph/magaral/defining-martial-law/

What Is a Writ of Habeas Corpus?
A writ of habeas corpus is a court order.
It demands that a public official (such as
a warden) deliver an imprisoned person
to the court and show good cause for
their detention. The writ allows a
prisoner to challenge the legality of their
confinement.
Habeas corpus has roots in English
common law. It translates to "you
should have the body" in Latin.
Often, the court holds a hearing on the
matter. The inmate and the government
may present evidence during the
hearing about whether a legal basis
exists for jailing the person. The court
may also issue and enforce subpoenas
What Happens if a Court Grants a
Writ of Habeas Corpus?
• An immediate release from prison
• A reduction of their sentence
• An order halting illegal conditions
of confinement
• A declaration of rights
The type of habeas relief granted
depends on the evidence presented
during the habeas hearing.
SOURCE:
https://www.findlaw.com/criminal/criminal-procedure/writ-of
-habeas-corpus.html
; accessed on 9-15-2025

6. PARDONING POWER
POWER TO GRANT
AMNESTY
Pardon is an act of grace,
proceeding from the power
entrusted with the execution
of the laws, which exempts
the individual on whom it is
bestowed from the
punishment the law inflicts
for a crime he has
committed.” (Tiu v. Dizon,
G.R. No. 211269, June 15,
2016)
Act of grace of the
President, concurred by
the legislature, usually
extends to groups of
prersons who committed
political offenses; it puts
into oblivion.
GRANTS received by a
convict by way of PARDON
1. Reprieves – exoneration
of fine
2. Commutations –
Imposition of lesser
penalty
3. PARDON
 Absolute Pardon
 Conditional Pardon
1. Remission of fines and
forfeitures

In the case of Monsanto v. Factoran (G.R. No. 78239, February 09, 1989),
the Supreme Court rules that:
“Pardon cannot mask the acts constituting the crime. These are
historical facts which, despite the public manifestation of mercy
and forgiveness implicit in pardon, ordinary, prudent men will take
into account in their subsequent dealings with the actor.
Pardon granted after conviction frees the individual from all the
penalties and legal disabilities and restores him to all his civil
rights. But unless expressly grounded on the person’s innocence
(which is rare), it cannot bring back lost reputation for honesty,
integrity and fair dealing. This must be constantly kept in mind
lest we lose track of the true character and purpose of the
privilege.”

7. BORROWING POWER President may contract
FOREIGN LOANS on
behalf of the Republic
Requirements:
1. With the prior
concurrence of the
Monetary Board
2. Subject to such
limitations as may be
provided by the law;
3. Foreign loans
obtained or
guaranteed shall be
made available to
public (Sec. 2, Art. VII,
1987, Constitution)

8. DIPLOMATIC AND
TREATY-MAKING
POWERS
PRESIDENT, as chief
architect of foreign policy
 The President has the
sole authority to
negotiate with respect
to treaty-making.
1. Deal with foreign
states and
governments
2. Extend/ withhold
recognition
3. Maintain diplomatic
relations
4. Enter into treaties
5. Transact the business
of foreign relations

9. BUDGETING POWER PRESIDENT has the power
to:
Cause the preparation of
a PROPOSED ANNUAL
BUDGET for:
 Expenditures
 Sources of financing of
the national
government
Budget Proposal
o Shall be submitted to
the Congress
o Within 30 days from
the opening of every
regular session
o Serves as basis for
general appropriations
bill
o If passed by the
Congress and
approves by the
President: GENERAL
APPROPRIATION ACT
for the fiscal year

11. POWER OVER
ALIENS
PRESIDENT has the power
to:
1. DEPORT aliens subject
to the requirements of
due process
2. CHANGE the STATUS
of non-immigrants by
allowing them to
acquire permanent
residence status
without necessity of
VISA
Verified International Stay Approval
or Virtual Important Stamp
Authorization
Note:
1. President –
countermand
decision of Bureau of
Immigration within 30
days from
promulgation
2. Abide with the
generally accepted
principles of
international law.

12. POWER OF EMINENT
DOMAIN
to:
1. DEPORT aliens subject
to the requirements of
due process
2. CHANGE the STATUS
of non-immigrants by
allowing them to
acquire permanent
residence status
without necessity of
VISA
Verified International Stay Approval
or Virtual Important Stamp
Authorization
Note:
1. President –
countermand
decision of Bureau of
Immigration within 30
days from
promulgation
2. Abide with the
generally accepted
principles of
international law.

13. POWER TO DIRECT
ESCHEAT OR REVERSION
to DIRECT the Solicitor
General to institute
ESCHEAT or REVERSION
proceedings
 ALL LANDS
 Transferred
 Assigned
 To persons
DISQUALIFIED under
the CONSTITUTION to
ACQUIRE LANDS
Escheat is a proceeding,
unlike that of succession
or assignment, whereby
the state, by virtue of its
sovereignty, steps in and
claims the real or
personal property of a
person who dies intestate
leaving no heir. In the
absence of a lawful
owner, a property is
claimed by the state to
forestall an
open “invitation to self-
service by the first
comers.”

14. POWER TO
RESERVE LANDS
of the PUBLIC and
PRIVATE DOMAIN
of the government
Reserve lands of the PUBLIC
DOMAIN for:
1. Settlement or public use;
2. Specific public purposes
Reserve by proclamation from
sale or other disposition and
specific public uses or purposes
3. land belonging to private
domain of the government
(patrimonial property);
4. Friar lands
 The use of which is not
otherwise directed by law.
Patrimonial property is private
proper1y of the government. The
person acquires ownership of
patrimonial property by
prescription under the Civil Code
is entitled to secure registration
thereof under Section 14(2) of
the Property Registration
Decree.
Being private in nature,
patrimonial properties may be
alienated and disposed of in the
same manner as those owned
by private individuals, and be
the object of contracts.
Meanwhile, properties of public
dominion are outside the
commerce of men—that is, they
cannot be appropriated or made
the subject of contracts.

15. POWER OVER ILL-
GOTTEN WEALTH
POWER to authorize the
Solicitor General
 To institute proceedings
 Purpose:
o to recover ill-gotten
properties
o Unlawfully acquired by
Public officials
 Order sequestration
 Freezing of assets or
accounts
 or any such power as
authorized by the
Constitution.
Patrimonial property is private
property of the government. The
person acquires ownership of
patrimonial property by
prescription under the Civil Code
is entitled to secure registration
thereof under Section 14(2) of
the Property Registration
Decree.
Being private in nature,
patrimonial properties may be
alienated and disposed of in the
same manner as those owned
by private individuals, and be
the object of contracts.
Meanwhile, properties of public
dominion are outside the
commerce of men—that is, they
cannot be appropriated or made
the subject of contracts.

16. GENERAL
SUPERVISION OVER LGU
.
17. POWER TO APPROVE
BILLS ENACTED BY
CONGRESS
 By signing it into law
within 3 days from the
presentation to him of
the enrolled bill
After both houses have
given final approval to a
bill, a final copy of the bill,
known as the “enrolled
bill,” shall be printed, and
certified as correct by the
Secretary of the Senate
and the Secretary General
of the House of
Representatives.

18. VETO POWER  Power to reject an
ENTIRE BILL or any
provision in an
APPROPRIATION,
 REVENUE
 TARIFF BILL
HOW:
- by returning the entire bill, with
his objection, to the House
where it originated;
-OBJECTIONS – entered in the
journal
-proceed to reconsider it.
CONGRESS may override the
Objection.
HOW:
-2/3 votes – HOUSE of origin
-2/3 votes – of the other HOUSE
19. POWER TO APPROVE
BILLS ENACTED BY
CONGRESS
 By signing it into law
within 3 days from the
presentation to him of
the enrolled bill
After both houses have given
final approval to a bill, a final
copy of the bill, known as the
“enrolled bill,” shall be printed,
and certified as correct by the
Secretary of the Senate and the
Secretary General of the House
of Representatives.

19. POWER TO CERTIFY
BILL AS URGENT
 To meet a public
calamity or emergency
Provided that:
• It shall pass 3 readings on
separate days
• Printed copies of final form
have been distributed to
its Members 3 days before
its passage

20. POWER TO CONCUR
with COMELEC
RE: Deputization of law
enforcement agencies
COMELEC – deputized AFP
or law
enforcement
agencies and
instrumentalities
PRESIDENT – CONCURS with the
deputization by COMELEC to AFP
 Being exercised by the
President during election
period.
 PURPOSE: for ensuring free,
orderly, honest, peaceful, and
credible elections.
21. POWER TO REMOVE or
DISCIPLINE COMELEC-
DEPUTIZED OFFICER OR
EMPLOYEE
 Power to remove or
imposed disciplinary
action is upon
recommendation by the
COMELEC
Reasons:
 violation
 disregard of
 disobedience
 To COMELEC’s directive,
order or decision

22. EMERGENCY POWER  To exercise powers
necessary and proper
to carry out a declared
national policy
o Being exercised in times or
war or national emergency
o Subject to the authority and
restriction by the Congress
o Can be exercised for a
limited period only
o Shall cease upon the next
adjournment of the
Congress
o UNLESS sooner withdrawn

23. TARIFF POWER  Power to impose, within
specified limits:
1. Tariff rates;
2. Import and export
quotas;
3. Tonnage and wharfage
dues;
4. Other duties or impost
- As authorized by Congress or
existing laws
o Tariff - a tax or duty to be paid
on a particular class of imports
or export
o Tonnage – fees levied on ships
based on their size or carrying
capacity as they enter or leave a
place
o Wharfage – fees paid to a port
authority for using a wharf or to
dock a ship, or load and unload
cargo onto or from a vessel
o Imposts - a charge usually of
money collected by the
government from people or
businesses for public use

24. RESIDUAL POWER  Such other powers and
functions VESTED in the
President
o which are provided for
under th laws
o which are NOT
specifically enumerated
in the Administrative
Code of 1987 (EO 292)
o which are NOT
delegated by the
President in accordance
with the law
o Residual power
 Power retained by a
governmental authority
after certain powers
have been delegated to
other authorities.

VICE PRESIDENT
2nd highest official, next to the President
Has same qualifications, term of office,
manner of election and removal from post
as the President
May run for re-election as Vice President
May be appointed by the President as
Cabinet member, which appointment
requires NO confirmation from the
Succeeds the President to
serve the latter’s unexpired
term

NOTE: Photo not updated
Cabinet’s
COMPOSITION:
Secretaries of the
various
Departments
Chairmen or Chiefs
of other agencies
and offices that are
headed by the
offices holding
cabinet ranks

EXECUTIVE DEPARTMENTS
1.Department of Agrarian Reform (DAR)
2.Department of Agriculture (DA)
3.Department of Budget and Management (DBM)
4.Department of Education (DepEd)
5.Department of Energy (DOE)
6.Department of Environment and Natural Resources (DENR)
7. Department of Finance ( DOF)
8.Department of Foreign Affairs (DFA)
9.Department of Health (DOH)
10.Department of Human Settlements and Urban Development
(DHSUD)

EXECUTIVE DEPARTMENTS
11. Department of Public Works and Highways (DPWH)
12. . Department of Information and Communication Technology
(DICT)
13. Department of Justice (DOJ)
14. Department of Labor and Employment (DOLE)
15. Department of National Defense (DND)
16. Department of Science and Technology
17. Department of Social Welfare and Development (DSWD)
18. Department of the Interior and Local Government (DILG)
19. Department of Tourism (DOT)
20. Department of Trade and Industry (DTI)
21. Department of Transportation (DOT)

OFFICIALS WITH CABINET-LEVEL RANK
 Officials holding the rank of Department Secretary are also members of the President’s Cabinet.
OFFICES HEADED BY OFFICIALS WITH CABINET RANK
1. Climate Change Commission (CCC)
2. Commission on Filipinos Overseas (CFO)
3. Commission on Higher Education (CHED)
4. Dangerous Drugs Board (DDB)
5. Governance Commission for Government-Owned and/or Controlled Corporation (GOCC)
6. Development Coordinating Council (HUDCC)
7. Metropolitan Manila Development Authority (MMDA)
8. Mindanao Development Authority (MinDA)
9. National Anti-Poverty Commission (NAPC)
10.National Commission for Culture and the Arts (NCCA)
11.National Economic and Development Authority (NEDA)
12.National Security Council (NSC)
13.Office of the Cabinet Secretary (OCS)

OFFICES HEADED BY OFFICIALS WITH CABINET RANK
14. Office of the Chief Presidential Legal Counsel (OCPLC)
15. Office of the Executive Secretary (OES)
16. Office of the Political Adviser (OPA)
17. Office of the Presidential Adviser on the Peace Process (OPAAPP)
18. Office of the Presidential Spokesperson (OPS)
19. Office of the Solicitor General (OSG)
20. Philippine Competition Commission (PCC)
21. Presidential Communications Operations Office (PCOO)
22. Presidential Legislative Liaison Office (PLLO)
23. Presidential Management Staff (PMS)
24. Technical Education and Skills Development Authority (TESDA)
25. Office of the Presidential Adviser on Overseas Filipino Workers (OPAOFWs)
26. Office of the Presidential Assistant for the Visayas (OPAV)
27. Office of the Special Assistant to the President (OSAP)

THE LEGISLATIVE DEPARTMENT
LEGISLATIVE POWER
vested in the Congress of the
Philippines
Congress consists of a SENATE
and a HOUSE OF
REPRESENTATIVE
Except: to the extent reserved to
the people by the provision on
initiative and referendum
"Referendum" is the
power of the electorate to
approve or reject a
legislation through an
election called for the
purpose..
"Initiative" is the power of the
people to propose
amendments to the
Constitution or to propose and
enact legislations through an
election called for the purpose.
Republic Act No. 6735

LEGISLATIVE POWER
Is essentially the authority
under the Constitution to
make laws and
subsequently, when the
need arises to alter and to
repeal them.

COMPOSITION OF SENATE
Composed of 24 senators
Elected for the term of 6 years
Half of them being elected every 3
years by the whole national electorate
QUALIFICATIONS
Natural-born citizen of the Philippines
35 years old on the day of the election
able to read and write
Registered voter
Resident of the Philippines for not less
than two (2) years immediately
preceding the day of the election

COMPOSITION OF THE HOUSE
OF REPRESENTATIVE
Composed of 306 Congressmen
Classified as either legislative district or party-
list representative
QUALIFICATIONS
25 years old on the day of the election
Registered voter in the legislative
district in which he shall be elected
than one (1) year immediately
preceding the day of the election

QUALIFICATIONS
Registered voter in the legislative district
in which he shall be elected
than one (1) year immediately preceding
the day of the election
A bona fide member of the party or
organization for at least 90 days preceding
the day of the election,
At least 25 years old on the day of the
election
For youth sector:
 At least 25 years old on the day of the
election but not more than 30 years old

SENATORS HOUSE OF
REPRESENTATIVES
PARTY-LIST
REPRESENTATIVES
YOUTH
SECTORAL
REPRESENTATIVES
6 years 3 years 3 years 3 years
Shall serve for not
more than 2
consecutive terms
Shall serve for not
more than 3
consecutive terms
Shall serve for not
more than 3
consecutive terms
Shall serve for
not more than 2
consecutive
terms
NOTE:
The term limit is observed by the party-list nominees or
representatives, but not by the nominating party-list group.

GENERAL LEGISLATIVE POWERS
Enact laws intended as a rule of
conduct to govern the relation
between individuals
i.e. civil laws, commercial laws,
criminal laws, etc.
Pass several types of measures –
bills, joint resolutions, concurrent
resolutions, and simple resolutions
Conduct hearings and consultation
meetings in aid of legislation with the
end goal of improving existing laws
Conduct debates during the plenary
session

SOURCES OF LAW (Legal Research and Writing)

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