Sec.

23 delegation of emergency power of president,

limitation of exercise of delegation of emergency power
should that power be delegated by the president. This
power is vested in congress delegated to pres in cases
of war and national emergency
Can be only delegated through a statute
Wo a law can only declare state of war, but cannot
exercise emergency powers
Limited duratinon of effectivity of power
If not withdrawn earlier by resolution
Sec25. Because of the DAP
Power of appropriation of congress & power of certain
officials to transfer funds which is part of the
appropriation allocated to them in order to augment
needs of respective offices
GR is congress appropriates funds, in other words it is
congress that determines how much to be allotted and
expenses to each branch
president prepares budget
List of expenses of govt with corresponding amounts
All branches instrumentalities of the govt
Source of revenue for this amounts
After the budget is prepared, there is deficit because
there are more expenses than source of revenue for
expenses
Submitted to congress
To implement list of expenses
Can they increase amount stated in congress? No but
they can dec it
Each branch has its own allotted branch
Its branch has items which particular amount is
distributed, eg. For salary & compensation, equipment
of the office, travel allowances, miscellaneous as long as
inc in the budget
It is possible bec not all positions are filled up, there are
savings in the dept of the office. Where will the money
go nga included naman nah sa budget?
At the end of the fiscal year. As a general rule, there
cannot be transfer of funds from one item to another or
from one brach to anoteherr
Bec it is possible that they would load the money to
that particular item for the purpose to transfer it to any
other item of the budget
That would promote graft and corruption
So the GR is to avoid juggling of funds.
Get the money from this unfilled positions and transfer
to another item
Thats what going on, supposed to be prohibited
Sec 25 exceptions
1. Authorized by law
2. It is president that makes transfer within
executive department from one item to another
item, that is needed of course to augment the
budget of that particular item within that
branch/office
3. President of senate is allowed within senate
4. Speaker of house authorized to juggle funds as
long as it is from savings, and they put it to
another item that is lacking within their
department
5. Heads of COA also authorized
6. Ombudsman
7. Sc justice to augment items lacking in judiciary
of branch
There has to be a law authorizing, money should be
within the appropriated
Why was dap unconstitutional?
Intention of pres was accelerate programs of
government to promote economy
Intention was transfer funds to depts. Very good in
implementing projects with less hassle
In order to enhance the economy of country
However, the process
Pres has budget
Executive branch has own budget. What did he do with
money?
He got savings, from different department of the branch
Savings there may have been positions not filled up,
naturally, there will be savings at end of fiscal year
So it should be determined at the end of the year
In that dept or branch there are funds allotted for that
particular project
Money that was not spend because project was not
pushed through, part of savings
It is also possible that project was completed but
because of effective supervision, there are savings
And you would only know that at completion of project
All those are considered savings
Implementation of DAP. This is what happened.
They declare savings every quarter.
One pool of funds as DAP now you have so much funds
because theyre actually appropriated funds
Quarterly ang ilahang pag declare ug savings
Which is contrary to concept of savings
How can you declare savings quarterly when you did
not even know money is still needed because you can
only determine at end of fiscal year
They have earned certain revenues from govt works or
corporations, like philhealth. And were considered
savings as well. What would they do to savings they
considered as such?
Theyre now going to Spend. That the president through
the DBM, where these savings are to be applied
Where did they apply? They applied it to projects that
were never mentioned in GAA
Diba for every expenditure of public funds, it should be
authorized by law.
In this case, there are projects not mentioned in GAA
but funds are applied in these projects.
It was the president that determines what are the
projects and authorize the disbursement. This now
violates separation of powers.
Because it is for president to identify the project, and
then for congress to allocate the funds, authorize the
expenditure, and the president it
According to GAA in other words there is authority from
congress in order to implement
That is in so far projects not mentioned in GAA
Savings were also applied outside of the branch
They gave the money to COA
COA is outside executive branch, they bought supplies,
legal experts, consultants, from DAP funds
And then you have funds from DAP given to congress
Cross border transfers are prohibited
Prohibited, transfers should only be within branch, not
outside branch
And you give funds like house of reps and those funds
taken from DAP
Where is the acceleration to the economy?
There was also 250 million for house of reps for
legislative library in congress, for coa 143 million
Thats what we call cross border transfer, prohibited
under constitution
Declared unconstitutional
1. Creation of savings prior to end of of fiscal year
2. Cross border transfer
3. Allotment of funds for projects not outlined in
GAA
Declared unconstitutional
Can president transfer funds?
Yes for as long as there are savings, and these are used
to augment items from within the same branch
Thats the consequence now, because it was applied
what happens now?
Another doctrine: operative fact doctrine
The operative fact doctrine, just because of declaration
unconstitutional, will not apply to acts prior to
declaration of unconstitutionality, especially if there are
effects, like for example you cannot undo the building.
For as long as it went to the project its fine
SC made a qualification, apply operative doctrine for
those acts and projects that already be done and cannot
be done as long as made good effects to economy thats
the purpose of the DAP
But for liabilities of government officials that made
violation of constitution, they have to determine
whether president, DBM officials, and others that were
involved knew of this constitutional prohibition against
transfer of funds under circumstances that they did.
Because if they did and still continued, that that till be
bad faith
What president mad because there was presumption
against him that he was in bad faith and
Even if there was good faith, there is technical
malversation, good faith of no moment
Of ore reason if there is bad faith
Why are they presumed to be guilty
What all that they thought was for the good of the
country

2
nd
paragraph
With regards what should be embraced in GAA
Should be limited only to appropriation
There cannot be insertion of subject matters not related
to appropriation
Subject to veto of president
GAA it will be passed, then we will be constrained to
follow budget of previous fiscal year
Some would insert substantial laws not related to
appropriation, not appropriate, budget for abolition or
creating office
Special appropriation different, specific funds
approrpriation
You have to state project amount and source of
revenue
Should be certified to by national treasury
You have discretionary finds can be expended all
needed certification that is for public purpose
Subject sill to audit

Last par, effect in failure of passing GA law within year,
or na delay
Because if they failed to do it now, there will be
problems
Automatic reenactment of budget of previous year

Sec 26, sec 27
With reference on how laws are being passed
In the making of laws
As early as starting session, already lining up proposals
First thing that should be done is to calendar it, by sec
of house
So that it can be called for 1
st
reading
Once calendared. When it is called
Bill must embrace one subject matter
As many provisions, as long as related
There should not be insertion of subject matters not
related
To prevent hodgepodge
That can be vetoed
It must not be contrary
1
st
reading secretary of house must read the bill, only
title
After that, referred to committee that is in charge of the
subject matter
Committee has discretion to take action on bill or not
Has no obligation on the bills, only in their discretion
Research and hearings on that bill
They can make amendments of version
Amendment by substitution
If they dont act on it, just forgotten
For those acted upon, series of hearings
Committee will make report on bill
Submitted to plenary session
As a whole house, theres a quorum
In plenary session, what will they do with proposed bill?
Bill read 2
nd
time around
Not only title this, time whole with introduced changes
Debate and discussion
Privileged speeches and debating
Final form printed
With final introduction of changes
Distributed among memebers of house
3
rd
reading
Final form only title read
Casting votes majority
A bill must always through 3 readings, indispensible
Dispensible is reading of bill on separate days
Certain requirements that it is urgent and may
prejudice public, certification of president 3 readings
but not separate days
Another point if certified as urgent, not printed
anymore
3
rd
reading then vote
What they will do, because we are high tech, projector

After that, it goes to another house and go through
same process
There are certain bills that cannot be acted upon in the
senate unless acted by house of reps must originate
there
1. Appropriation bills represent district
2. Tariff or revenue bills (taxation)
3. Private bills
4. Bills of local application
5. Bills proposing to increase public debts
Senate cannot initiate, they have to wait until house of
reps acts on it
After that, senate can act on it and amend it and make a
ill different from it, amendment by substation
if two houses cannot agree on each other, refer to
bicameral conference committee
Equal number of member from 2 houses, reconcile
differences and even make a different one
Even if they make proposal, still have to be approved by
both houses. Only them to propose, and both houses to
approve

Appropriation
Suplico vs Romulo
Broadband controversy ZTE
Chinese proposing
Has good intention, with corruption involved
Idea was networking, IOW paperless
To expedite processes of regulatory offices, LTO, LTFRB
There is bribery
You know the project was to borrow money from china
Borrow money from china and the administration the
money and loan proceeds not reported to treasury
because it is for implementation
SC: its not automatic that because we borrowed money
for that specific purpose, the loan proceeds are
government funds and go to national treasury
For every disbursement of funds, there has to be law
authorizing disbursement
You get money as long as there is appropriation
Payment must be made to the loan, what is automatic
appropriation is the payment of the loan
When we speak of automatic appropriation, does not
refer to 1
st
payment there has to be loan appropriation
disbursement funds for payment
Following year, automatic already because there is
budget
For every disbursement of public funds, there has to be
appropriation law
Source of money immaterial, Inutang or not, to disburse
them for particular project, there has to be authority of
congress.
For automatic appropriation, applies only to payments
of obligations of government that are determinable
For every disbursement of public funds there has to be
appropriation law
Source of money is immaterial, as long as government
funds disbursed
Automatic disbursement of public funds of the
government only applicable if amount is discernable or
determinable

Bill will be enrolled
Purpose of enrollment of bill to make sure no insertions
of proposals not related to subject matter of proposed
bill
How is this done? By certification of the senate
president speaker of the house
This is the version that we both approved
Presidents acts with in within 30 days
If president not act within 30 days, executive inaction,
bill becomes law
If president approves it, then bill becomes law
If president does not like it, he should not pocket it, no
pocket veto in Philippines, return bill to house of origin
with recommendations
If president vetoes a bill, GR is he vetoes the whole bill,
not just certain provisions. EXCEPT when its an
appropriation bill, revenue, or tariff bill. He can make
itemized veto, as long as remaining provisions not
vetoed can stand independent without the vetoed
provisions.
President can also veto provisions not related but
inserted in the bill although not appropriation, revenue,
or tariff bill.
What would the president do when he vetoes the bill?
Represent to house of origin with recommendations
House would review and modify, if does not agree with
the president; vote again on the bill so it may be passed,
by two-thirds vote. After that, passed to the other
house in order to be law also approved 2/3 vote
If no 2/3 vote, then that bill is as good as dead
When does bill become law?
1. when president signs the bill
2. when president does not act on bill within 30
days
3. when veto power of president is overridden by
2/3 vote of members of the congress

There is another instance where a bill becomes a law,
even without signature of the president. You remember
the withdrawal of emergency power of the president
that can be passed.
Or the calling for special elections or for vacancies
created in the office of the president and vice president.
The acting president cannot veto the bill.

Another thing.
There is an appropriated amount, and president
deliberately does not spend particular item in his office,
what do you call that? Considered it as savings, so he
can assign it to another department, for another
purpose. Is that allowed? Yes because the president has
the discretion to spend the money or not.
If the intention is good, it is a matter of implementation.

Section 28.
With reference to taxation
Raising of revenues
Power is in congress
EXCEPTION may be delegated to president by granting
president tariff powers
For as long as within framework of improving economy
of the country, but there has to be a law delegating the
power to the president because it is not self executing.
The power of taxation is vested in the Congress. The
characteristic of our taxation is uniform, equitable, and
progressive. Uniform because applies to all persons
under the same circumstances according to their
capacity to pay, that is equitable. In the progressive
system, as your income bracket increases, there is a
corresponding increase in the rate of taxation.

What is the difference between uniformity and
equitableness of the payment of taxes?
Equitable because it depends on your capacity, your
income. Uniform because if you belong to that group,
applies the same, equal protection of laws.
Rule on taxation is in case of doubt whether you should
pay taxes, you should pay.
Should there be exemptions on taxes, it is granted by
the congress or the constitution.
If it is the Congress will grant, it is by statute and there
has to be vote by majority to grant tax exemption to a
person.
Examples of exemptions by law: head of the family,
married
By constitutional exemptions, we have charitable
institutions. Section 28- charitable institutions,
churches, parsonages, and convents exclusively used
for religious, charitable, and educational purposes shall
be exempt from taxation. TN taxation referred to is only
property tax. But it must be non-profit, for instance in
cemeteries.

What about the farms by monks? Are they exempt from
taxation?
SC: thats exempt, if you make it into a business, then
its not exempt.

Charitable institution cannot sustain themselves
without raising revenues. So they were subjected to
taxation because you are earning income.

No public funds should be used directly or indirectly for
the church, sect, denomination
Separation of church and state
Except when such is assigned to:
1. Employed with armed forces of the Philippines
2. Penal institutions
3. When it is a government orphanage or
leprosarium

Original jurisdiction of SC:
- Hearing of ambassador
- Petitions for certiorari
Appellate decision is reviewing decisions of lower courts

Can Congress pass a law increasing the appellate
jurisdiction of the SC, considering that jurisdiction is
determined by Congress?
It is SC that determines rules, but Congress is not
precluded from passing a law that determines the
jurisdiction of the courts, including SC.
The congress can increase original jurisdiction only, but
not appellate jurisdiction without advice or concurrence
of SC. So if congress should increase appellate
jurisdiction, they must ask the approval of the SC.
Otherwise, without the concurrence, they cannot
increase appellate jurisdiction of the SC, because it
would increase workload and would violate separation
of powers.
Case of Pabian vs. Disierto

Section 31. No law granting a title of nobility should be
granted.
This is prohibited because we are democratic, and we
follow egalitarian, which means we are equal in the
eyes of the law.
Section 32.
RA 6735
People exercising legislative power
Not self-executing, we have that law already.

EXECUTIVE DEPARTMENT
Section 7.
Executive power shall be vested in the president of the
Philippines.
What is this executive power?
The power of the president to be the head of all the
heads of the different agencies and instrumentalities of
the government including government owned or
controlled corporations
He is the chief executive. Aside from that, he is the
administrator of all the laws of the land. It is for him to
ensure that the laws are faithfully executed.

Residual power of the president
For example, deportation of undesirable alien, because
as a president of the Philippines, he represents the
sovereign government
Immunity from suit of the president you cannot sue
president during his incumbency. Whether civil or
criminal or even administratively. It is not provided by
the constitution, it is by jurisprudence that says
president is immune from suit.
What is the extent of immunity? Official or non official
acts cannot be sued during his incumbency
Even if not connected to duties or non official acts, the
president is immune from suit.
Only during incumbency, thus in case of Estrada v.
Diserto.
Immunity only in actual holding of office or tenure, and
not term. So if president has a term of six years but has
resigned before expiration of term, he is no longer
enjoying the immunity, hence can be prosecuted.

Does this immunity from suit extend to cabinet
members as alter egos of the president, or extensions
of the personality of the president?
NO. This is personal to the president. This is not
extended to cabinet members.
In the case of former secretary of education. He invoked
immunity from suit of the President that he cannot be
sued because he is alter ego of the president.
SC: immunity from suit does not extend to the cabinet
members even if they are alter egos of the president.
This is personal to the president.
In the case of Cory Aquino: she sued Starr the publisher
and columnist.

Section 2. Qualifications of the President
1. Natural born
2. Registered voter
3. Able to read and write
4. At least 40 years old

Qualifications of vice-president similar to president. The
vice-president may be appointed to any of the positions
in the cabinet. That power however, is discretionary.
The president is not compelled to appoint him to any
cabinet position. Would not require confirmation by the
CA.
Term of office
President shall have six years without reelection. Vice
president shall have six years but shall not exceed more
than two consecutive terms. It is possible then
president will run as vice-president.
Elected by direct vote of the people, term starting on
the noon of 30
th
day of June following the date of
election and shall end at noon six years that date
thereafter.
Is there any chance of president having two consecutive
terms?
Yes, if you have a vice president ascending to
presidency. If he has served for only four years or less,
then he may run for presidency.


LEGISLATIVE DEPARTMENT

Commission on Appointments
- Another extension of the congress
- The members of CA come from congress
- As to membership, may need not filled up, all
the 24 positions need not be filled up for as
long as you have a quorum or majority of 24.
- It is highly partisan, meaning you have to be a
member of a political party in order to be a
member of CA and the representation should
be from political parties proportionately
- So proportionate representation coming from
the different political parties as members of the
Congress, both houses

It is highly partisan, so if you cease to be a member of
the political party that youre supposed to be
representing, automatically you cease to be a member
of the Commission of Appointments, unlike in the
Electoral Tribunal which is considered to be
independent even if you are no longer a member of the
political party for as long as there is no reason for you
to be removed as member of the electoral tribunal, you
remain as member because you enjoy security of
tenure.

The function of CA
- check on the appointment power of president,
specifically enumerated in the constitution
- to affirm and confirm nominations made by the
president
- what are these appointments: (enumeration is
limited, cannot be increased or decreased by
ordinary legislation)
1. heads of executive department, such as the
different secretaries of the different
departments except when the president
appoints vice president to a cabinet
position (does not require approval from
CA)
2. Those positions in the military AFP, for
promotions or filling up vacancies where
the ranks for promotion colonel to general
in army, captain to admiral in the navy
Philippine coastguard no longer part of
the navy, not part of military. It is now
civilian and part of DOTC
PNP used to be integrated with the
military. Now not anymore. Now civilian
in character although national in scope,
directly under control of DILG.
So any promotion relating to Philippine
Coastguard as well as to PNP does not
require confirmation of the CA
3. Ambassadors, consuls, and other public
ministers
4. Appointments vested in the president
where it will require confirmation
Different commissioners of COA, civil
service, COMELEC, regular members of
the judicial and bar council
Therefore appointments of them are
subject to confirmation of CA

- For as long as appointment is not regular, only
temporary, meaning in acting capacity, even if
congress is in session, that does not require
confirmation of the CA because the nature of
appointment is only temporary. Only filling up
of the gap in the meantime while the president
is still thinking who will be appointed for regular
position. The moment that is regular, then it
will require confirmation of the CA.
- Two kinds of appointments that president can
make:
1. Regular
2. Ad interim or recess appointment
- For as long as appointment is regular, that
would require confirmation of the CA in order
to be effective. When is it considered regular?
When congress is in session. Why? Because CA
cannot hold session when congress is not in
session. IOW the CA holds session only when
congress is in session. So what is the process?
The president nominates, submits
nominees to CA
If the CA does not like nominee,
disapprove it, but if CA likes, then
approve
If CA does not act on it after 30 days,
that nomination is considered bypassed
Can president nominate same
candidate? Yes, because it was not
disapproved, merely bypassed.
If appointment is appointment is
approved, there is then issuance of the
commission to the appointee, and then
the appointee takes oath of office and
assumes office
But the effectivity will be upon
confirmation of the CA
- What if congress is not in session? Can the
president make appointments such as those
enumerated earlier?
YES. Would that require confirmation?
Since there is no session, there is no CA.
What happens to the appointment
made by the president during the
recess? It is permanent and effective
immediately after qualification of the
nominee. However, duration of
effectivity of appointment is limited.
Meaning, the appointment is effective
until disapproved by CA once they
resume session. If disapproved, it will
be as if term has expired. If approved,
term will be permanent, well the term
is really permanent, but it will last until
president loses trust and confidence in
you. It becomes regular.
What if CA does not act on
appointment notwithstanding that they
have resumed session already?
It is understood that the appointment
made by the president during the
recess lasts only until the adjournment
of the next session. Once there is
adjournment of the next session,
automatically, he ceases to exercise
powers of the office.
Can he be nominated to the same
office? Yes, because he was not
disapproved, merely bypassed.

SECTION 20

Promotes transparency and accountability regarding the
disclosure of whatever expenditures made by congress,
open to publication by Commission on Audit

SECTION 21 & 22 -

21 Legislative inquiry
- Aids to legislation of congress in making of laws and
question hour, this would help them in making laws,
more particularly in legislative inquiry
- Here, congress or any of its committee may it be in the
house of senate or the house of representative, can
summon any person (government or private individual)
to appear before the congress in general in order to
shed light on any matters any matter relating to any
proposal for legislation even if there is no pending bill
For as long as it is possible source of info for legislation
This is innate; you can be made to appear in congress
You cannot say no.
If you refuse, you can be cited for contempt,
consequence is you can be ordered arrested and put to
jail, detained. If you are cited for contempt by senate,
you will be in detention cell forever until you cooperate
with them. Why? Because it is a continuing body.
There is no expiration of term of office of the 12
senators every election; but in the House of
Representatives shall be in no case beyond the term
It is settled that you can be compelled to appear

- Can you compel president to appear before
legislative inquiry?
No, because president can invoke executive
privilege. As a coequal branch, congress cannot
compel the president. The president can always
invoke executive privilege.
- Executive privilege is any information or
communication pertaining to the president if
disclosed might affect the presents discharge
or performance of functions, like relating to
matters of policy, communications between
him and consultant
- Executive privilege not enjoyed by cabinet
members. Therefore, cabinet member, on his
own, cannot invoke executive privilege unless
president invokes it
- However, person has rights. If the questions
that are asked of him by the senate or house of
representatives, that will implicate or
incriminate him, he can refuse to answer the
query, as he has right against self-incrimination
- If there is invocation of executive privilege, it
must be known by the president what are the
questions that are about to be asked so the
president would have the chance the study
answers of the subordinate. So even before the
legislative inquiry, the president can send word
invoking executive privilege that that
subordinate is not allowed to answer the
question because there is an information that
relates to me that is confidential
- But subordinate himself cannot invoke
executive privilege
- Relating to a person that would refuse to
answer a question because it would affect his
liability, he can invoke right against self-
incrimination.
- Bengzon vs. Blue Ribbon Committee
- Chartered Bank of Phils vs. Senate Bank
SC: the mere fact that there is pending case
does not automatically bar congress from
legislative inquiry, because that is prerogative
of the congress. You may instead invoke your
right against self incrimination.
Legislative inquiry is a power of the Congress expressly
granted by the Constitution
- SUB JUDICE RULE applies only when there is
already a criminal case or any court case
pending
If you are asked questions that will
preempt the court in deciding the case,
or influence at least the court deciding
the case, this cannot be inquired into
and you refuse to answer the question
and invoke the rule of sub judice
- Not even the courts can stop legislative inquiry
because of separation of powers
- Not even the president, but the president
cannot be compelled because of executive
privilege

ARTICLE 6EXECUTIVE DEPEARTMENT

Section 4 Term of office of the president and vice
president

ELECTION
Every 2
nd
Monday of May unless otherwise provided by
law
We have regular and special election
Why is a special election called?
Called only when both offices are vacated
Because, if only president is vacated, there is vice-
president.
And if vice president is vacated, president can nominate
among members of congress, and congress will approve
by majority vote who shall succeed as vice president
- In an election, who canvasses election returns?
Ordinarily, if local, it is the COMELEC
that canvasses
In president and vice president election
returns, it will be Congress who will do
the canvassing
Should there be any question on
election returns, go to the electoral
tribunal, not congress, because
congress merely canvasses
In case there will be a tie, congress will
vote separately in a joint session

Once there is a president/vice president proclaimed,
and there is election contest, you go to electoral
tribunal and not congress.
You have a presidential electoral tribunal.
Who acts as the presidential electoral tribunal? It is the
SUPREME COURT.
- In the case of Makalintal: Is PET
unconstitutional as SC is performing
administrative and quasi judicial functions?
SC: Not unconstitutional. Resolution of
election cases involving president and
vice president is not a quasi judicial. It is
a judicial function; therefore it is not a
violation of the constitution.
The SC acts as electoral tribunal
- If they are wrong, where do you appeal?
There is no appeal because that is the
Supreme Court. At least in Congress
Electoral tribunal, you can still go to SC
in grave abuse of discretion
But if it is PET, you cannot go anywhere,
because it comprises of justices of SC
- You can go to PET for election contests and quo
warranto?
Only those who have lost the election
The reason why you file election protest
is you have intention to replace

SUCCESSION
In case there will be a vacancy
Section 5. Swearing in so help me god, is that a
violation of church and state?

Section 6. Privileges of the President
- You have a palace as official residence

Salary can be increased or decreased. If increased,
effective only for the next president. If there is a
decrease, effective immediately.