1987 CONSTITUTION REVIEWER

PREAMBLE
We the sovereign Filipino people imploring the aid of the almighty God, in order to build a just and humane society and establish a government that shall embody our ideals
and aspirations, promote the common good, conserve and develop our patrimony, and to secure to ourselves and to our posterity the blessings of independence and
democracy, under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this constitution.
ARTICLE 1: National Territory
SEC. 1: National Territory
National territory is comprised of:
a) Philippine archipelago
b) islands
c) waters
d) other territories which the Philippines has sovereignty & jurisdiction
e) terrestrial, fluvial & aerial domains
f) territorial sea
g) seabed
h) subsoil
i) insular shelves
j) submarine areas
k) internal waters of Philippines (waters around, between & connecting the
islands of the archipelago)

ARTICLE 2: Declaration of Principles and State Policies
PRINCIPLES
SEC. 1: Democracy & Republicanism
SEC. 2: Renouncement of War & International Law
SEC. 3: Civilian Supremacy
SEC. 4: Governments Prime Duty
SEC. 5: Essentials to Democracy
SEC. 6: Church & State Separation
STATE POLICIES
SEC. 7: Independent Foreign Policy
SEC. 8: Anti-Nuclear Weapon
SEC. 9: Social Order
SEC. 10: Social Justice
SEC. 11: Human Dignity
SEC. 12: Family
SEC. 13: Youth
SEC. 14: Women
SEC. 15: Health
SEC. 16: Ecology
SEC. 17: Education
SEC. 18: Labor
SEC. 19: National Economy
SEC. 20: Private Sector
SEC. 21: Rural Development & Agrarian Reform
SEC. 22: Indigenous
SEC. 23: Non-governmental Organizations (NGOs)
SEC. 24: Communication & Information
SEC. 25: Local Governments Autonomy
SEC. 26: Anti-Political Dynasties
SEC. 27: Against Graft & Corruption
SEC. 28: Full Public Disclosure
ARTICLE 6: Legislative Department
SEC. 1: Congress Legislative Power
SEC. 2: Senate
SEC. 3: Qualifications of Senators
SEC. 4: Term of Senators
SEC. 5: House of Representatives (HOR)
SEC. 6: Qualifications of HOR
SEC. 7: Term of HOR
SEC. 8: Regular Election
SEC. 9: Special Election
SEC. 10: Salaries of Senators & Members of HOR
SEC. 11: Privilege from Arrest & Privilege Speech
SEC. 12: Full Disclosure of Financial & Business Interests
SEC. 13: Disallowed Other Employment
SEC. 14: Disallowed to Appear as Counsel
SEC. 15: Regular Session
SEC. 16: Officers; Quorum; Journal; Record; Adjourn
SEC. 17: Electoral Tribunals
SEC. 18: Commission on Appointments
SEC. 19: Organization of Electoral Tribunals & Commission on
Appointments

SEC. 20: Records & Books of Accounts
SEC. 21: Inquiry in Aid of Legislation
SEC. 22: Appearance of Executive Dept. Heads in Congress
SEC. 23: Declaration of an Existence of State of War
SEC. 24: Origination of Money Bills from HOR
SEC. 25: General Appropriations Bill
SEC. 26: 1-Subject, 1-Bill; 3-Readings of Bill
SEC. 27: Presidents Veto Power
SEC. 28: Taxation
SEC. 29: National Treasury
SEC. 30: Appellate Jurisdiction of Supreme Court
SEC. 31: Titles of Royalty & Nobility
SEC. 32: Initiative & Referendum
ARTICLE 7: Executive Department
SEC. 1: Presidents Executive Power
*Executive Power of government vested to the President

MARCUS VS MANGLAPUZ Cory Aquino may reject Marcos request to return to the Philippines.
ESTRADA VS DESIERTO
Estrada was not covered by privilege of immunity from any suit after the end of his tenure
as a President.
- ESTRADA asserts that:
a) Ombudsman cannot file suits against him, because he has not been convicted in the
impeachment proceedings against him.
b) He is covered by privilege immunity from any suit
- HELD/RATIO:
a) Impeachment trial of Estrada was aborted by the walkout of the prosecutors and by the
events that led to the loss of his presidency.
b) Impeachment Court was functus officio; it is untenable for petitioner to demand that he
should first be impeached and convicted before he can be prosecuted.
d) When impeachment proceedings become moot due to the resignation of President, any
suit may be filed against him.
SOLIVEN VS MAKASIAR
Beltran cannot invoke presidential immunity from any suit, since only the President, as
the holder of such privilege, may invoke it.
Cory Aquino can sue Beltran for committing libel.
- Beltran asserts that presidential immunity from suit impose a correlative disability to file
suit, for it would indirectly defeat her privilege immunity from suit, since she would be
exposing herself to possible contempt of court or perjury.
- But presidential immunity from any suit may be filed by the holder of the privilege
(President) only.
- No law prevents the President from waiving such privilege; its Presidents prerogative
SEC. 2: Qualifications of a President
a) natural-born citizen of PH
b) 40 years old on election day
c) able to read & write (literate)
d) registered voter
e) resident of PH for at least 10 years, preceding election

TECSON VS COMELEC
FPJ was a natural-born citizen of the Philippines, since his father (Allan Poe), a Filipino
citizen, acknowledged FPJ as his child.
- Victorino Forniers contention, that FPJ is not a natural-born citizen of the Philippines,
since his parents are foreigners, is wrong, because FPJs father (Allan Poe) acknowledged
him as his child, regardless if FPJs legitimate or not, thereby enabling FPJ acquire Filipino
citizenship.
- FPJs illegitimacy is immaterial to his citizenship.
SEC. 3: Vice-President
1. (Same qualifications as President)
a) natural-born citizen of PH

b) 40 years old on election day
c) able to read & write (literate)
d) registered voter
e) resident of PH for at least 10 years, preceding election

2. Appointment to Cabinet no confirmation
SEC. 4: President & Vice-President Election
1. President & Vice-President election:
a) direct vote
b) 6 years (term)
c) START: 12nn, June 30 (following election)
d) END: 12nn, June 30 (after 6 years)

*President cannot be reelected for Presidency.
*Person who succeeded President for 4 years cannot be reelected for
Presidency.

2. Vice President:
a) shall serve for more than 2 successive terms
b) voluntary renunciation not an interruption to his term

3. Regular election for President & VP: 2
nd
Monday of May

4. Returns of President-VP Elections
a) certified by Board of Canvassers of each province/city
b) transmitted to Congress
c) directed to Senate President & not later than 30 days after election:
*open certificates in front of Congress in joint public session
d) Congress (upon determining authenticity & due execution)
*canvass the votes

5. Person w/ highest # of votes:
a) proclaimed elected

*2 or more persons w/ equal & highest # of votes:
a) majority vote of Congress, voting separately, & chooses 1 of them

6. Congress promulgation of rules for canvassing certificates

7. Supreme Court En Banc:
a) sole judge of all contests relating to election, returns & qualifications of
President & VP
b) may promulgate rules for that purpose

MACALINTAL VS COMELEC RA 9189 is unconstitutional for violating Art. 7, Sec. 4(4) of Constitution, disregarding the
authority given to the Congress by the Constitution to proclaim the winning candidates of
presidency & vice-presidency.
- Romulo Macalintal, a member of Philippine Bar, assails the constitutionality of RA 9189
(The Overseas Absentee Voting Act of 2003), for it allows the COMELEC to order the
proclamation of winning candidates insofar as it affects the canvass of votes and
proclamation of winning candidates for president & vice-president, which is against Art. 7,
Sec. 4(4) of Constitution.
- HELD/RATIO:
a) RA 9189 clashes with Art. 7, Sec. 4(4), which provides that the returns of every election
for President & Vice-President shall be certified by the board of canvassers to Congress.
CONGRESSMAN LOPEZ VS SENATE & HOUSE
Rules of the Joint Public Session of Congress is not unconstitutional, since Art. 7, Sec. 4 of
Constitution empowers Congress to promulgate its rules for the canvassing of
certificates.
- Petitioners filed a petition for prohibition & mandamus seeking to nullify Rule 8, Sec. 13 of
the Rules of the Joint Public Session of Congress, which creates the Joint Committee which
shall preliminary canvass the votes of the candidates for President & Vice-President during
May 10, 2004 elections.
- HELD/RATIO:
a) The creation of Joint Committee does not constitute grave abuse and did not deprive
petitioner and the other members of Congress of their congressional prerogative, because
under the very Rules under attack, the decisions and final report of the said Committee
shall be subject to the approval of the joint session of both Houses of Congress.
PIMENTEL VS CANVASSING COMMITTEE
Joint Committee may continue its task of canvassing votes from election of President &
Vice-President, since non-legislative function, as National Board of Canvassers, is not
affected by its adjournment sine die on June 11, 2004, only its legislative functions.
- Petitioner filed a petition for prohibition, seeking to nullify the continued existence of
Joint Committee to determine the authenticity of the certificates of canvass and
preliminary canvass the votes cast for Presidential & Vice-Presidential candidates in May 10,
2004 elections, following the adjournment of Congress sine die on June 11, 2004.
- Citing Art. 6, Sec. 15, petitioner argues that with the adjournment sine die of June 11, 2004
by the 12
th
Congress of its last regular session, its term terminated and expired on the said
day. So, all pending matters and proceedings terminate upon the expiration of Congress.
- HELD/RATIO:
a) Art. 7, Sec. 4 of Constitution & Rule 14, Sec. 42 of Rules adopted by Senate: the Senate
shall convene in joint session during any voluntary or compulsory recess to canvass the
votes for President & Vice-President not later than 30 days after election.
b) Precedents set by the 1992 and 1998 Presidential Elections do not support petitioners
argument, since it is just the observation of Senate President Jovito Salonga.
c) The term of the 12
th
Congress did not terminate and expire upon the adjournment sine die
of the regular session of Congress on June 11, 2004.
d) Art. 6, Sec. 15 does not pertain to the term of Congress, but to its regular annual
legislative sessions and the mandatory 30-day recess before the opening of next regular
session.
e) Until June 30, 2004, the present 12
th
Congress cannot be said to have passed out of
legal existence.
f) Only legislative functions of 12
th
Congress were affected by the adjournment on June 11,
2004, but not its non-legislative functions, including as that of being National Board of
Canvassers.
g) Since the 12
th
Congress has not yet completed its non-legislative function to canvass
votes and proclaim elected President & Vice-President, it cannot be rendered functus
officio.
FERNANDO POE JR. VS GLORIA MACAPAGAL ARROYO
FPJs widow (Mrs. Susan Roces) cannot continue/substitute for the electoral protest of
FPJ, who died during the pendency of the protest, since electoral protest is personal to
the public officer, thus, only him can protest and widow/heir cannot substitute for him.
- FPJ died during the pendency of the electoral protest against GMAs proclamation as the
winner for presidency.
- Susan Roces wanted to continue and substitute FPJ in pursuing the electoral protest.
- HELD/RATIO:
a) Rule 14 of the PET Rules: Only the registered candidates (real parties in interest) for
President or for Vice-President who received the 2
nd
or 3
rd
highest number of votes may
contest the election
b) Court has no rule on substitution nor intervention but it does allow for the analogous
application of the Rules of Court, decisions of SC and Electoral Tribunals.
c) Precedent cases rejected widows intention to continue/substitute for electoral protest
filed by spouse who died during the pendency of the protest.
SEC. 5: President/Acting President & Vice-President Oath/Affirmation
a) before they execute their office
b) I do solemnly swear (or affirm) that I will faithfully and conscientiously:
*fulfill my duties as President (VP or Acting President) of the Philippines
*preserve and defend its Constitution
*execute its laws
*do justice to every man
*consecrate myself to the service of the Nation. So help me God.
(In case of affirmation, last sentence will be omitted.)

SEC. 6: President & Vice-President Official Residence & Salaries
a) President shall have official residence
b) Salaries of President & VP:
*determined by law
*no decrease during tenure
*no increase until end of term of incumbent President/VP who approved
such increase
*no other emolument from Government or other sources

SEC. 7: President & Vice-President Assumption of Office
1. President & VP shall assume office:
*beginning of their terms

2. President fails to qualify:

*VP acts as President until President shall qualify

3. President not yet chosen:
*VP acts as President until President is qualified & chosen

4. President dies/permanently disabled:
*VP becomes President

5. President & VP no qualified/not yet chosen/both died/both permanently
disabled, the ff. acts as President & VP until President & VP is qualified &
chosen:
a) Senate President, if unable:
b) Speaker of HOR

6. President, VP, Senate President, Speaker of HOR died/permanently
disabled/inability:
*Congress determines who to act as President until President & VP is
qualified & chosen.
SEC. 8: Officials Assumption to Presidency
1. Presidents death/permanent disability/removal of office/resignation:
* VP becomes President for unexpired term

2. President & VPs death/permanent disability/removal of office/resignation,
the ff. acts as President until President or VP is qualified & chosen:
*Senate President, or if unable
*Speaker of HOR

3. Acting President died/permanent disability/resignation:
a) Congress determines who to serve as President, who shall:
*serve until President or VP is qualified & chosen
*have same restrictions, powers & disqualifications as Acting President

ESTRADA VS DESIERTO
a) The petition is justiciable.
- since judicial review is expanded by the Constitution, and since EDSA II is intra
constitutional & involves legal rights (speech & assembly), unlike EDSA I, it is subject to
judicial review.

- Estrada alleges that he is the President on leave while GMA claims she is President.
- He denies that he resigned as President or that he suffers from a permanent disability.
- He claims that he only took a temporary leave of absence due to his inability to govern.
b) President Estrada was not on leave while Arroyo had been the Acting President.
- HELD/RATIO
- Angara Diary (pagod na pagod na ko...) & Estradas leaving of Malacanang Palace
confirms his resignation.
- He sent the Senate President Pimentel a letter, but it was never referred to by Estrada
during the week-long crisis.
- He argues that RA 3019 (Anti-Graft and Corrupt Practices Act) prohibits Estrada to resign
during pendency of an investigation, pending a prosecution against him, but the
Ombudsman refrained from investigating the petitioner for the reason that he is still the
sitting President, thus, immune from suit.
- RA 3019 cannot be invoked by Estrada since it involves cases whose investigation or
prosecution do not suffer from any legal obstacle, like immunity from suit of a President.
- Impeachment is not an administrative investigation under RA 3019.
- Senate & HOR issued resolutions recognizing GMAs government.

c) Conviction in the impeachment proceeding is not a requirement for the criminal
prosecution of Estrada.
d) Estrada is not immune from any suit.
- see Estrada vs Desierto in Art. 7, Sec. 1

e) Prosecution of Estrada should not be enjoined on the ground of prejudicial publicity.
- Estrada alleges that Ombudsman has developed bias and is all set to file criminal cases in
violation of his right to due process.
- HELD/RATIO:
- Pervasive publicity is not per se prejudicial to the right of an accused to fair trial.
- No enough evidence to warrant this Court to enjoin the investigation of the petitioner by
Ombudsman.
ESTRADA VS ARROYO

a) Angara Diary is not an out of Court statement; it is part of the pleadings of the case. He
had all the opportunity to contest it but did not do so.
- Estrada alleges that this Court improperly used the Angara Diary to determine that Estrada
intended to resign, thus violating rule against admission of hearsay evidence.

b) Executive Secretary Angara was an alter ego of the then President Estrada, thus
admissions of Angara are binding to Estrada.
- Estrada contends that Angaras diary is not his diary, hence, not binding upon him.

c) Court did not misinterpret Art. 7, Sec. 11 of Constitution, that Congress has the authority
to determined whether the President is incapable of performing his functions and duties.
- Petitioner now alleges that Court misinterpreted Art. 7, Sec. 11, but Court remembers that
he himself claimed in previous case Congress power to decide W/N President may perform
his/her duties.

d) Under Art. 7, Sec. 11, Estrada resigned from office before GMA took her oath as
President.

e) Art. 7, Sec. 11 did not say that declaration by Congress of the Presidents inability must
always be a priori or before the Vice-President assumes presidency.
- Senate & HORs resolutions and joint statement of recognition of GMAs presidency is an a
priori recognition.

f) There is no ground to inhibit 12 members of the SC, who accepted invitation of GMA to
attend her oath taking. SC members did not prejudge the legal basis of the claim of GMA
to the presidency at the time she took her oath.
- Petitioner alleges that the members of SC who went to EDSA had ex-parte contacts with
those exerting pressure to SC, thus influencing impartiality of SC in deciding his case.
SEC. 9: Vice-Presidency Vacancy
a) President nominates for Vice-Presidency:
*members of Senate & HOR
*assumes office after confirmation by a majority vote of all members of
Congress, voting separately

SEC. 10: Special Election for Presidency & Vice-Presidency Vacancies
a) Congress:
*10 am of 3
rd
day after vacancy, convenes (in acc. w/ rules & no need of call)
*within 7 days, enact a law calling for special elections to elect President &
VP

b) Special Election:
*not earlier than 45 days or later than 60 days from calling of election
*no election, if vacancy happens 18 mos. before next presidential election

c) Bill for Special Election:
*deemed certified (Art. 6, Sec. 26, Par. 2 of Constitution)
*becomes a law upon approval on Congress 3
rd
reading

d) Appropriations for Special Election:
*charged from current appropriations
*exempt from requirements in Art. 6, Sec. 25 of Constitution

e) Non-suspension/postponement of Convening of Congress & Special
Election

SEC. 11: Written Declaration of Presidents Inability to Discharge Powers &
Duties
1. Vice President becomes Acting President:
a) when President transmits to Senate President & Speaker of HOR his
written declaration of inability to discharge powers & duties
b) until he transmits to Senate President & Speaker of HOR written
declaration to the contrary

2. Vice President becomes Acting President:
a) when majority of all the Cabinet members transmit to Senate President &
Speaker of HOR their written declaration of Presidents inability to discharge
his powers & duties


3. Inconsistency in Written Declarations of the President & Cabinet:
a) President reassumes powers & duties:
*when President transmits to Senate President & Speaker of HOR a written
declaration that no inability exists

b) Congress convenes & decides on the issue (if not in session, w/n 48 hrs. /2
days, in acc. w/ rules, no need of call):
*when a majority of all Cabinet members transmits within five days, after
Presidents transmission of written declaration, to Senate President &
Speaker of HOR a written declaration of Presidents inability to discharge
powers & duties

c) Congress determines President or VPs exercise of powers & duties:
*in 10 days after receipt of last written declaration
*if not in session, in 12 days after it is required to assemble
*2/3 vote of both Senate & HOR
*voting separately
*if President is unable: VP acts as President
* if President is able: President continues to exercise his powers & duties

ESTRADA VS DESIERTO See supra at Art. 7, Sec. 1
SEC. 12: Serious Illness of President
a) inform public of the state of his health
b) the ff. can still access the President:
*Cabinet members in charge of national security & foreign relations
* Chief Staff of AFP

SEC. 13: No Other Employment of Executive Department; Immediate Family
& Relatives by Consanguinity or Affinity up to 4
th
Civil Degree
1. President, VP, Cabinet Members & their deputies & assistants:
a) cannot hold other office/employment during their tenure, unless provided
by Constitution
b) cannot directly/indirectly:
*practice other profession
*participate in any business
*be financially interested in any:
1. contract
2. franchise or special privilege by government, or its subdivision, agency
or instrumentality
3. GOCCs or their subsidiaries
c) must strictly avoid conflict of interest in their office

2. Presidents spouse, relatives by consanguinity/affinity up to 4
th
civil degree
cannot be appointed during his tenure:

a) as members of Constitutional Commissions
b) Ombudsman
c) Secretaries
d) Undersecretaries
e) Chairmen, heads of bureaus or offices
f) GOCCs & their subsidiaries
DOROMAL VS SANDIGANBAYAN ISSUE:
HELD/RATIO:
CIVIL LIBERTIES UNION VS EXECUTIVE SECRETARY ISSUE:
HELD/RATIO:
BITONIO JR VS COA ISSUE:
HELD/RATIO:
PUBLIC INTEREST CENTER VS ELMA ISSUE:
HELD/RATIO:
SEC. 14: Acting Presidents Appointments
a) remains effective
b) unless revoked by elected President w/n 90 days from his
assumption/reassumption of office

SEC. 15: Disallowed Time for Presidents and Acting Presidents
Appointments
*2 mos. immediately before the next presidential elections, up to the end of
his term
*temporary appointments to executive positions (when continued
vacancies prejudice public service or endanger public safety)
*does not apply to appointments in Judiciary (De Castro vs JBC)

SEC. 16: Presidential Appointments
GOVERNMENT VS SPRINGER
- The power of appointment is inherent in the Executive Department.
- Legislature can only create an office, add duties on existing offices and prescribe
qualifications, but not who to appoint.
- Power to appoint comes with power to decide who among the various choices are best
qualified, provided that law provides the qualifications.
- President can override Civil Service Commission.
- When a statute does not specify how an officer is to be appointed, President has
prerogative.
BERMUDEZ VS EXECUTIVE SECRETARY
ISSUE: validity of Conrado Quiaoits appointment as Provincial Prosecutor of Tarlac by Pres.
Ramos
- Bermudez refused to vacate his position as Provincial Prosecutor of Tarlac
- Bermudez was ordered to turnover his office to Quiaoit
- Bermudez files petition and alleges:
1. that Quiaiots appointment lacks the recommendation of the Sec. of DOJ prescribed by
Rev. Admin. Code 1987.
HELD/RATIO:
- Quiaoits appointment is valid and no need of Sec. of DOJs recommendation.
- President has authority over the executive department.
FLORES VS DRILON AND GORDON
- ISSUE: validity of RA 7227: Bases Conversion & Development Act of 1992, where Mayor
Gordon was appointed Chairman and CEO of SBMA
- PETITIONERS:
- claims that the provision is unconstitutional for it automatically appoints the Mayor of
Olongapo as Chairman and CEO of SBMA without Presidents appointment.
- HELD/RATIO:
- While congress intended to subject posts be filled with a presidential appointee for the 1
st

year of its effectivity, it limits the appointing authority of the President, thus an abuse of
congressional power to prescribe qualifications, if the provision limits the Presidents
choice to only one person.
SARMIENTO VS MISON
ISSUE: validity of Salvador Misons appointment as Commissioner of Bureau of Customs
- PETITIONERS:
- unconstitutional because Commission on Appointments (CA) did not confirm
HELD/RATIO:
- Commissioner of Bureau of Customs is not one of those in the 1
st
group of appointments,
where the consent of CA is required.
- While the appointment of Commissioner of Bureau of Customs devolves on the President,
as an appointment he is authorized by law to make, such appointment no longer needs the
confirmation of CA.
- President acted within her constitutional power in appointing Mison as Commissioner of
Bureau of Customs even without consent of CA.
QUINTOS-DELES ET AL. VS COMMISSION ON APPOINTMENTS
ISSUE: W/N the Constitution requires the appointment of sectoral representatives to the
HOR to be confirmed by CA.
- Petitioner Quintos-Deles was appointed by the President as the sectoral representative for
Women in Congress.
- However, CA objected on the day of their oath-taking, alleging that CA needs to confirm
their appointments first.
- President submitted his appointments to CA for confirmation.
- Petitioner files a case and claims that her appointment needed not CAs confirmation.
- Her appointment was made when the Congress was in recess.
-HELD/RATIO:
- The Presidents appointments on sectoral representatives require the consent of CA, in
accordance with the 1
st
sentence of Sec. 16, Art. 7 and Art. 18, Sec 7, which require
submission to the confirmation process.
- If appointments of sectoral rep. need no confirmation, the President need not make any
reference to the constitutional provision Art. 7, Sec. 16 or Art. 18, Sec. 7.
- He submitted the petitioners appointment for confirmation by CA.
CALDERON VS CARALE
ISSUE:
1. validity of permanent appointments by President to NLRC Chairman and Commissioners
without submitting to the CA for confirmation
2. constitutionality of RA6715
- PETITIONERS:
- invoke compliance to RA 6715, which mandates appointments of NLRC Chairman and
Commissioner be subject to consent of CA

HELD/RATIO:
- NLRC Chairman and Commissioners fall within the 2
nd
sentence of Art.7, Sec. 16 or those
whom the President may be authorized by law to appoint even without CAs consent.
- RA 6715 is unconstitutional as it amends by legislation Sec. 16, Art.7, requiring/adding the
confirmation of CA to the appointments which are entrusted only to the President.
MATIBAG VS BENIPAYO -
RUFINO VS ENDRIGA
ISSUE: W/N board of trustees of CCP may appoint fellow trustees.
- PD15 created CCP
HELD/RATIO:
- Sec. 6(b) and (c) of PD15, which authorizes the trustees of CCP Board to fill vacancies of
the Board, violates the Presidents power of control under Sec. 17 of Art. 7.
- PD 15 insulates the CCP from political influence from President, thus making itself a self-
perpetuating entity, beyond the Presidents control.
SEC. 17: Presidents Control of All Executive Departments, Bureaus, Offices
*President ensures that laws are faithfully executed

LACSON-MAGALLANES CO., INC. VS PAO
- ISSUE: W/N the Executive Secretary, acting by authority of the President, reverse a
decision of the Director of Lands that had been affirmed by the Secretary of Agriculture and
Natural Resources.
- PETITIONERS:
- that the decision of Sec. of agriculture & natural resources has full force
- that the decision of Exe. Sec. has no legal effect.
- that the decision of Exe. Sec. is an undue delegation of the presidential power of control,
since Constitution did not provide that.
- that Department Heads & Exe. Sec. are of equal rank, thus, latter cannot intrude to the
zone of the other.
HELD/RATIO:
- Yes, Executive Sec., acting on behalf of the Presidents authority, may affirm, modify, alter
or even reverse the order of Sec. Agriculture & Natural Resources.
- Exe. Sec. acts in authority of the President, and only the President may say that the Exe.
Sec. is unauthorized by disapproving or reprobration.
ANG-ANGCO VS CASTILLO
ISSUE: W/N the President, acting through the Exe. Sec. or directly, may take disciplinary
action against a Civil Service officer bypassing the procedure prescribed by the Civil Service
Law.
HELD/RATIO: The action taken by Exe. Sec. even with the authority of the President, in
taking direct action on the administrative case, without submitting to the Commission on
Civil Service is illegal.
- President has power of control, but not with regard to those officers or employees who
belong to the classified service, whose appointments are vested on heads of the
departments, which the Congress has provided by law for a procedure for their removal
(Civil Service Act of 1959).
NAMARCO VS ARCA
ISSUE: W/N the President had authority to reverse the decision of Board of Directors of
NAMARCO and to order the reinstatement of Juan T. Arive.
HELD/RATIO:
- Yes, President has authority.
DE LEON VS CARPIO
ISSUE: W/N the the Director of NBI may not follow the order of Secretary of Justice to
reinstate De Leon and Estavillo.
HELD/RATIO: No, as a subordinate of Department of Justice, National Bureau of
Investigation ought to follow the order of Secretary of DOJ.
BLAQUERA ET AL. VS ALCASID
ISSUE: W/N the Presidents AO 29, limiting the incentive benefits of the executive
department employees and enjoining executive department offices, heads and bureaus to
release incentive benefits, is valid and within the authority of the President.
HELD/RATIO: Yes, it is within the power of the President.
F. DADOLE ET AL. VS COA
ISSUE: W/N the additional allowance of the judges may be disallowed by (?)
HELD/RATIO: Yes, the President may disallow the additional benefits of the judges.
DENR VS DENR EMPLOYEES
ISSUE: W/N the President may reorganize the employees of DENR.
HELD/RATIO: Yes, it is within the power of the President.
SEC. 18:
SEC. 19: Executive Clemency
1. Except in cases of impeachment, or otherwise provided by Constitution,
President, after conviction by final judgment:
a) may grant:
*reprieves
*commutations
*pardons
b) may remit fines & forfeitures

2. Presidents power to grant amnesty:
*w/ concurrence of a majority of all members of Congress

SEC. 20:
SEC. 21: Treaties & International Agreements
*Treaties and international agreements must be concurred in by at least 2/3
of all the Members of the Senate.

SEC. 22: Recommended Budget for General Appropriations Bill
a) President shall:
*submit to Congress
*30 days from opening of every regular session
*budget of expenditures & sources of financing (w/ receipts from existing &
proposed revenue measures) as basis of the General Appropriations Bill

SEC. 23: Presidents State of the Nation Address & Appearance to Congress
a) Presidents State of the Nation Address (SONA):
*at the opening of its regular session
b) President may appear before Congress
*anytime