Consti1 Lecture Finals

B.
Executive Department
Constitutional Law 1 || 2016
the office of Ombudsman, Secretary or

Usec, Chairman, Heads of Bureau or
offices or GOCCs
Estrada v. Arroyo (2001)
WON the assumption of office of Arroyo is
constitutional.
Ruling: Yes.
Framework:
Lets
look
into
the
provisions
on
succession. What are the grounds for
vacancy? 1. Death? No. Hes still alive up to
now. 2. Disabled? No. He was able to file this
case in the SC. 3. Impeached? No. There was
an impeachment case but he was not
convicted because the Senate suspended the
proceedings.
What ground is left?
RESIGNATION!
Did Pres. Estrada Resign? The Court looked
into his INTENTION.
1. He left Malacaang and went to his
house in Greenhills
2. They also looked into the Diary of
Angara and several communications
that indicated that there was CLEAR
ITENTION to resign
The President is the ONLY one in the

executive.
Qualifications:
1. Natural Born Citizen
2. Registered Voter
3. Able to read and write
4. 40 years of age on the day of the
election
5. Resident of the PH for at least 10
years immediately preceding the day
of the election
Why 40 years old? There is a presumption of
experience and wisdom.
Term: 6 years, for only 1 term
XPN: If he or she has served the presidency
for less than 4 years, he or she may run for
another term (Pres. Arroyos case)
Oath- spells out the powers of the president
into office
-most important phrase in the oath is
execute the laws
Salary- Salary Grade 33 (current)
SuccessionPresidentVPPresident- Speaker of the House
Senate
The Court also considered the acts of

Congress.
1. They issued a resolution recognizing
the presidency of Pres. Arroyo
2. They nominated Guingona as VP
Vacancy
1. Death
2. Resignation
3. Permanent Disability*
4. Impeachment
Taken all of these together, Pres. Estrada

resigned from the presidency.
*Written declaration of Cabinet to Congress

What if only Temporary disability?
vacancy. The VP will take over.
CLU v. Exec. Secretary (1991)

An EO was passed by Cory Aquino that
stated that the Cabinet, Usec, Assistant
Secretary, or other appointees may hold
other offices in addition to their positions.
Ruling: EO is unconstitutional. The prohibition
on holding other offices is violated.
No
Prohibitions
1. Holding any other office/employment
2. Practicing any profession
3. Participating any business
4. Being financially interested in any
contract of the government
5. Appointing a spouses or relatives by
consanguinity or affinity within the 4th
civil degree as Con-Con, members of
deemed
incorporated.
It
was
also
transformed because the Senate ratified it.
Hence, the right to return is now part of the
law of the land. The Marcoses has the right
to return. Is it absolute? No. The limitation is
National Security which the president has the
prerogative.
Marcoses contention: But the power of the
president is limited to those listed in the
Constitution.
The prohibition does not apply to executive

officials without additional compensation in
Ex-officio capacity.
-it is not any other office
-it must be required by officials primary
function or it is closely related to his duties
If the duty is alien or inconsistent It is a
different office, hence, it falls within the
prohibition.
Cruz v. COA (2001)
Framework of the presidents power:

1. What is the correct way of construing
the power of the president? No strict
interpretation.
2. The Court looked into how the Courts
appreciated executive power. It was
found that, through times, the
president was compelled by specific
situations to define his powers to
control specific crises, but it was
impractical because our experience
shows that the president needs to
react quickly. Hence, there is a need
for greater flexibility. The court
concluded that there was a penumbra.
Although
there
are
boundaries
between the 3 branches, these
boundaries are actually elastic that
allowed them to perform acts that are
incidental to their functions.
Now, are the ones enumerated in the
Constitution the only powers of the
president? No! It must include the
incidental powers of the president
because he had an oath. An oath that
he must faithfully execute the laws,
meaning, he must MAKE DECISIONS
TO PROMOTE THE GREATEST GOOD
FOR THE GREATEST NUMBER which is
part of our agreement in the social
contract.
3. Considering the elasticity of the
boundaries in the 3 branches, how
would the relationship between the 3
branches be? As long an act is not
exclusively exercised by 1 branch, it
can be exercised by the president.
COA directed all government agencies who

have effected additional compensations to
officials in violation of the rule on holding
additional offices to effect refund.
Ruling: The direction was valid. If the
president is prohibited from holding other
offices, his alter-egos are also prohibited. It
also applies to those persons who are
designated by his alter-egos. The only
exception to this is ex-officio capacities
because they are germane to the functions
of the appointee.
NAC v. COA (2004)
Ex officio officials delegated their tasks to
their staffs who were given honoraria.
Ruling: The staffs were not entitled to
compensation because they are covered by
the prohibition.
Powers and Functions of the President
1. Executive power- power to enforce
and administer laws
Marcos v. Manglapus (1989)
WON the president has the power to prohibit
the Marcoses from returning in the PH. YES!
What is the right being asserted by the
Marcoses? Right to return. It is not provided
under the Constitution. However, the right to
return is recognized in the Universal
Declaration of Human Rights which is
Customary International Law. It was then
An AO was passed that directed the heads of

departments to return the unauthorized
payments of Bonus to employees. The heads
then deducted the salaries and allowances of
petitioners to cover the overpayment.
Ruling: Valid. The president was just
exercising his power to control over the
executive department. In the view of the
president, the respondents made a mistake.
Through his power of control, he nullified the
decision of his subordinate for the automatic
grant to bonus.
4. Use the Test of Arbitrariness Was

the act made without consideration of
the facts?
If yes There is grave abuse of
discretion
If no The act is valid
Does the court need to verify the
facts? No.
The president can now prohibit the Marcoses
to return in relation to national security.
Almario v. Exec. Secretary (2013)
Hutchingson Port v. SBMA (2000)

The president ordered a rebidding although
the petitioner was already declared the
winning bidder.
Ruling: Valid. SBMA was under the direct
control of the president, hence, he may
within his authority, overturn any award
made by the SBMA for justifiable reasons.
The courts cannot interfere because it would
be a violation of the separation of powers
unless such exercise of discretion is used to
shield unfairness or injustice.
NEA v. COA (2002)
The president gave an award to a person

who was not part of those recommended.
Ruling: Not valid. Although the president has
the power to award, she herself provided for
the procedure. This is called Theory of
Auto-limitation, through this, the president
has set the standards or processes. In our
present case, the president has provided for
the process of awarding. Hence, the
president may not add to the list because it
did not go to the process of screening and
other procedures imposed.
DENR v. DENR Region 12 employees
(2003)
The NEA implemented the salary increase in

one lump sum. The president passed an EO
that decreed that the salary increase must
be in 2 tranches. NEA now assails the EO.
The DENR Secretary directed the transfer of

DENR Region 12 Office from Cotabato to
Koronadal City.
Ruling: Valid. It is in the exercise of the

presidents power of control.
WON the DENR Secretary had the power to

reorganize.
3. General Supervision over local

governments/
autonomous
regions- overseeing the subordinates
to make sure that laws are executed.
Ruling: Yes. The act of the DENR Secretary is

deemed to be that of the president. This is
called Doctrine of Qualified Political
Agency.
The
different
executive
departments are mere adjuncts of the
president, hence, the president has the
power of control, he can alter, modify,
nullify or set-aside what the subordinate has
done in the performance of his duties.
Power to control is not applicable here if

acts are within the LGUs discretion. The
only remedy left for the president then is
to: FILE A CASE. (Administrative, Criminal
or Civil)
2. Control of executive departments

Pimentel v. Aguirre (2000)
Blaquera v. Alcala (1998)
B. Regular members of the Judicial

and Bar Council
*This list is exclusive
Oscar Bermudez v. Exec Sec. Torres
(1999)
Quiaoit was the one appointed as Provincial
Prosecutor while Bermudez was the one
recommended and he refused to vacate the
office.
He
contends
that
Quiaoits
appointment was not valid because there
was no recommendation from the Sec. of
justice as provided for under the law.
Ruling: The appointment was valid. The
power to appoint is discretionary in nature
and the recommendation is only persuasive,
hence, it is not binding and obligatory upon
the president.
Sarmiento v. Mison (1987)
WON the appointments of the heads of
bureaus are required to be confirmed by the
commission on appointments.
Ruling: No. During the deliberation of the
1987 Constitution, the word bureau was
deleted from the provision that lists those
that
required
confirmation
from
the
commission on appointments. It follows then
that the appointments of the heads of
bureaus are not subject to confirmation.
Bautista v. Salonga (1989)
Bautista was appointed chairman of the CHR.
Her appointment is now challenged because
it was not confirmed by the commission on
appointment.
Ruling: The appointment is valid. The
Constitution does not provide for the
appointment of the Chairman and the
Members of the CHR unlike with the other
commissions, such as CSC, COA and
COMELEC. Hence, the Constitution has
impliedly taken out the requirement of
appointment by not including the same
provision that you can expressly find in other
commissions.
An AO was passed that directed the LGUs to

save 25% of their budget. 10% will be
automatically saved or withheld from the
LGUs.
Ruling: Not valid. This amounts to power of
control which the president does not have
over LGUs. It controls the LGUs on how they
should spend their money which interferes
with their autonomy.
National Liga ng mga Barangay v.
Paredes (2004)
Due to the irregularities in the election in the
Liga, the DILG was appointed ad interim
caretaker by judge Paredes. The DILG issued
memorandums and circulars for the Liga.
Ruling: The DILG may validly be appointed as
a caretaker because the President though his
alter ego, the DILG secretary, exercises
supervision
over
local
governments.
However, the DILG secretary went beyond
the power of supervision when it issued the
memorandums
circulars
because
this
amounted to the power of control.
2. Power of Appointment
Appointment- vesting of an office which is
created and funded by law to a person who
acquires rights, duties, and responsibilities.
Appointments
that
are
subject
confirmation
of
the
Commission
Appointments:
to
on
1. Heads of executive department- those

heads of the line department or those
provided for under the Administrative
code of 1987
2. Ambassadors, other public ministers
and consuls- representatives of the PH
in other countries
3. Officers of the AFP with the rank of
colonel or naval captain
4. Other officers whose appointments are
vested in the president under the
constitution:
A. Chairman and members of the
Constitutional Commission
will be taking charge of the department even

if in a temporary capacity.
In re: Valenzuela (1998)
This was an old rule. The ban is absolute. The
president may not appoint anyone during the
period of ban.
De Castro v. JBC (2010)
This is now the new rule. During the period of
ban, the president may still appoint but not
those under the executive branch. In other
words, the ban only applies to the executive
branch.
Ratio: Under Art. 8, Sec. 9 of the
Constitution, the Members of the Supreme
Court and judges of lower courts shall be
appointed by the President from a list of at
least three nominees prepared by the Judicial
and Bar Council for every vacancy. Such
appointments need no confirmation. For the
lower courts, the President shall issue the
appointments within ninety days from the
submission of the list.
Hence, there is a duty on the part of the
president
to
appoint
because
the
appointment
is
essential
to
the
administration of justice.
Velicaria-Garafil v. Office of the
President (2015)
Ante-dating of appointments is valid as long
as the appointees will take their oath and
assume their office before the period of
ban.
Calderon v. Carale (1992)

A law was passed that required the
confirmation of the appointees from the
NLRC by the commission on appointments.
Ruling: The law is unconstitutional because it
amends the Constitution by adding the list of
those that needed the confirmation by the
commission on appointment. The list under
the Constitution is EXCLUSIVE.
Manalo v. Sistoza (1999)
The respondents were appointed as Director
and Chief Superintendent without submitting
their appointments to the commission on
appointments.
Ruling: The appointments were valid. The
PNP is different from the AFP which requires
confirmation
by
the
commission
on
appointments under the Constitution. The
PNP is civilian in nature.
Soriano v. Lista (2003)
The legality of the appointments made by
PGMA to different positions of the Philippine
Coast Guard is assailed because they were
not confirmed by the commission on
appointment.
Coast Guard is no longer in the AFP they are
now under the DOTC. Hence, they are no
longer covered under the requirement of
confirmation.
Pimentel v. Ermita (2005)
De Rama v. CA (2001)
De Rama sought to recall the appointments
of 14 municipal employees and contended
that they were midnight appointments.
ban only applies to the president. There is no
law that bans the mayor from appointing.
Ratio: The appointments by the mayor are
not co-terminus with his position.
PGMA issued appointments to respondents

as acting secretaries of their respective
departments.
Ruling: Valid. An acting capacity is only
temporary in nature and not continuous that
it will interrupt the succession of the
department. Under the admin code, the
president may appoint, or any other
competent person. Hence, it is still the
discretion of the president to appoint who
3. Acting capacity- has the powers and

authority of those appointed in a
regular capacity
*Midnight appointments- these are made 2
months before the next presidential election
XPN: Temporary appointments to executive
positions when continued vacancies will
prejudice public service or endanger public
safety
5. Executive Clemency- Art. 7, Sec.
19
Matibag v. Benipayo (2002)

Benipayo was appointed ad-interim in
COMELEC. Matibag now contends that
Benipayo had no power to transfer her
because he was a mere ad-interim
appointee.
Ruling: The transfer was valid. An ad-interim
appointment is permanent in nature. It has
the same powers of those of the permanent
appointee.
Pardon- extinction of both principal and

accessory penalties
A. Absoluteextinction
of
both
penalties
B. Conditional- accused is set free but
release is subject to conditions
Removal power- GR: The President may

only exercise his removal power when there
is just cause.
XPN: Members of the cabinet and other
executive officials whose term of office is
determined at the pleasure of the president.
Amnesty- extinction of the crime as if there

is no crime; it is applicable to political
offenses (rebellion, treason, etc)
Ratio of XPN: The presidents relationship

with them is based on trust and confidence.
If this trust and confidence is no longer
present, the president may remove them.
Commutation- lessening of the penalty

Larin v. Executive Secretary (1997)
Reprieve- suspension of the application of
the penalty
Eg. Death Penalty
Parole- after serving of a minimum term, the
accused can be released; it can be revoked if
the accused would violate the conditions
imposed
Torres v. Gonzales (1987)
Torres was given a conditional pardon, but he
committed another crime. Torres contended
that the pardon cannot be revoked yet
because the case was still pending.
Ruling: The revocation of the pardon was
valid. The president is the one who will
determine if the conditions were violated not
any other branch.
What are the remedies of the state when a
conditional pardon has been violated?
1. Revoke the pardon, order his arrest, no
hearing required
2. Charge with violation of criminal law
Larin was removed from service without just

cause.
Ruling: The removal was invalid. The power
of removal is not absolute. Larin is under
career service, thus, he enjoys security of
tenure and may not be removed without just
cause. Since, there was no just cause, he
may not be removed.
Kinds of Appointments:
1. Regular- those that are covered under
the commission on appointment
2. Ad interim- it is made while congress
is not in session. The appointee can
take his post right away. It is complete
and permanent appointment that lasts
until disapproved by the commission
on
appointment
or
until
next
adjournment of congress, unless in the
meantime the commission confirms it
crime, he cannot claim the benefits of

amnesty.
3. Charge with a new crime

In a pardon, it is important that it should
state the extent and the consequences of the
pardon.
Cristobal v. Labrador (1941)

WON Cristobal can run for public office after
he was convicted and was given pardon.
Ruling: Yes because in pardon, the penalties
are extinguished.
Pellobelo v. Palatino (1941)
Pellobello was extended pardon but he was
not permitted to take his oath when he was
elected mayor because when he was
convicted,
there
was
a
penalty
of
disqualification.
Ruling: Pellobello may take his oath. The SC
here interpreted the pardon liberally in favor
of Pellobello as to interpret the pardon that
was given to include the restoration of his
civil rights.
In Re Lontok (1923)
Rios- Vidal v. COMELEC (2015)

Estrada filed his COC for mayor but this was
opposed by petitioner. She contended that
when he was convicted for plunder, he was
sentenced with perpetual disqualification.
Estrada was however, pardoned by PGMA.
Ruling: Estrada may run. When Estrada was
pardoned,
the
penalty
of
perpetual
disqualification was extinguished together
with the crime of plunder.
Barrioquinto v. Fernandez (1949)
Jimenez and Barrioquinto were claiming
amnesty but refused to admit the crime
charged.
WON admission to the crime is necessary to
claim amnesty.
A lawyer was granted pardon from the

president but the SolGen moved to disbar
him by reason of his conviction of the crime.
Ruling: The lawyer cannot be disbarred.
When a person is extended pardon, it blots
out the existence of guilt, and treats him as
innocent as if he had never committed
anything. After pardon, a person is given a
clean slate.
Ruling: No. It is sufficient that the evidence

comes with the terms of the amnesty
proclamation. What are the effects:
If you are not charge yet ask for the
dismissal of the case
If you are convicted ask judgment to be
vacated
If you are serving sentence ask for
release, file the writ of habeas corpus
6. Commander-in-chiefVera v. People (1963)

Three powers:
1. Call out the AFP
-direct the AFP to deal with lawless violence
(lawlessness) defense function, not law
enforcement
-to prevent or suppress invasion or rebellion
or lawless violence
-it can be subject to judicial review
-no suspension of rights
Graduated responses: (follow in order)
The
case
repealed
the
doctrine
in
Barrioquinto that to be entitled to the
benefits of amnesty it is not necessary that
there must be an admission to the
commission of the crime. In this case, it was
held that it is inconsistent to ask for
forgiveness from the crime that you are
claiming to not have committed because in
amnesty it presupposes the commission of
the crime. Hence, when a person is
claiming not to have committed the
Sanlakas v. Executive Secretary (2004)

WON a state of rebellion is necessary for the
president to exercise the call out power.
Ruling: No. Sec. 18 provides that whenever it
becomes necessary, the president may call
out such armed forces to prevent or suppress
lawless violence, invasion or rebellion.
Courts can still review based on the test of
arbitrariness. WON the president has factual
basis in making his decision.
Aquino v. Enrile (1974)
In this case, the court ruled that the
declaration of martial law is a political
question;
hence,
the
courts
cannot
intervene.
Now that the 1987 Constitution has been
ratified, the declaration of martial law is now
justiciable. It can be the subject of review
through a petition. The courts can determine
if there was factual basis for the declaration
and that if it is arbitrary.
A. Call out
B. Suspension of the writ of habeas
corpus (legal grounds: Commission of
a crime, contagious disease, violent
insanity)
C. Declaration of Martial Law (Lasts for
60 days/ The courts and congress
cannot be closed)
Grounds for the latter 2 graduated
responses:
A. When there is actual rebellion and
public safety requires it.
B. When there is actual invasion and
public safety requires it
*The ground cannot
requires it alone.
be
public
safety
2. Faithful execution clause or Take

care power
-the president acts as chief executive not as
commander in chief
-the president shall take care that the laws
are faithfully executed
2. Take-over in national emergency
Olaquier v. MC No. 4 (1987)

Olaquier was tried and convicted in a Military
Court.
Ruling: Not valid. The declaration of martial
law does not shut down the courts. Civil
Courts remain open and civilians must be
tried under them.
Navales v. Abaya (2004)
IBP v. Zamora (2000)

The marines are called out to assist the
civilian police to suppress lawless violence.
WON the RTC has jurisdiction over the cases

involving violation of the articles of war.
Ruling: No. The Military Tribunal remains to
have jurisdiction over these cases. The RTC
cannot make the decision to deprive the MT
its jurisdiction. It is only the legislative
department that has the power to change
the jurisdiction of courts.
Lansang v. Garcia (1971)
-public utilities are controlled by the

president
-legislative power is delegated to the
president
-there must be a valid delegation through a
law
Ruling: The call out was valid. The call out

power is a discretionary power of the
president which is vested in his wisdom. The
court cannot be called upon to substitute its
wisdom to that of the president. However,
the court may still review on the basis of
WON such power was exercised within
permissible constitutional limits or whether it
was exercised in a manner constituting
GAOD. The call out must state the time
frame and the limitations of it.
The country needs funds to generate

services economic growth build
infrastructures, but we dont have money?
so we need to borrow!!!
Guaranteeing debts (sovereign
guarantee)- securing debts of nongovernment entities
Is that possible? Yes! Non- government
borrows builds infras Benefit of PH
The president suspended the writ of habeas

corpus following the explosion that occurred
and in conclusion that there is conspiracy of
rebellion and insurrection. The petitioners
contended that there was no valid ground to
suspend the writ because the proclamation
did not indicate any actual invasion or
rebellion and that public safety requires it.
Ruling: The suspension is still valid. Even if
there is no actual invasion or insurrection,
there was conspiracy and actuality of intent
to cause uprising.
Constantino v. Cuisa (2005)

In Re De Villa (2004)
These were contested in this case:
De Villa filed a writ of habeas corpus to
determine the basis of his detention.
1. Bond conversion
Ruling: It is covered by the power of the
president to contract loan. The SC
interpreted the power to contract loans as a
general power to incur indebtedness.
Meaning, it includes various kinds of debts
2.
Buy- back scheme
This mode pre-terminates debts. Constantino

contends that it is a violation of the
separation of powers because Congress has
already appropriated a certain amount, the
buy-back scheme is using more money than
the appropriations.
Ruling: The scheme is valid. This is a
prerogative of the president. Only the
president as chief executive can perform
this, here, it is the Secretary of Finance.
Under the doctrine of qualified political
agency, an act of an alter ego of the
president; is an act of the president. Besides,
it is impractical for the president.
1 Foreign Affairs- president acts as
representative of the PH/ the president
makes the decision and articulates the
policy
A. Treaties- these are national policies that
are permanent in nature which must be
concurred by 2/3 of Senate
Ruling: The writ is not the proper remedy. He

was already convicted so there is really a
legal ground for his detention.
David v. Arroyo (2006)
The extent of reviewing the commander in
chief powers:
There are Substantive limitations that are
imposed by the Constitution and Individual
rights that are recognized under the law.
1 Emergency Powers
-emergency power is legislative in nature but
it is delegated to the president
-there must be a law that will define the
parameters of the excess of that power
President as Head of State- Foreign
relations power
1. Contracting and guaranteeing
foreign loans
Contracting loans- power to incur debt in
behalf of PH
Why does PH need the debt? It is for
economic means. Although we have the
GAA, it is not yet funded, hence we need to
borrow money
To expand, you need money to generate
more income
10
B. International agreements- changes in

policy which must also be concurred by
2/3 of the senate
Nicolas v. Romulo (2009)

The petitioner contends that the VFA is not
effective because even if concurred in the
Senate, it was not concurred in the US.
Ruling: The VFA is valid because it is not a
treaty that must be concurred. The VFA
implements the treaty, the Mutual Defense
Treaty. The VFA does not provide for policy, it
provides for jurisdiction which is its
substance. The policy of the treaty is mutual
aid. For treaties like this, there must be
mutuality and reciprocity to be effective.
Vinuya v. Romulo (2010)
The
question
whether
the
Philippine
government should espouse claims of its
nationals against a foreign government is a
foreign relations matter, the authority for
which is demonstrably committed by our
Constitution not to the courts but to the
political branches. In this case, the Executive
Department has already decided that it is to
the best interest of the country to waive all
claims of its nationals for reparations against
Japan.
Peoples movement for press freedom,
et al. v. Manglapus (1988)
The case is about the extension of military
bases in the PH.
WON the public have the right to information
on the matters of negotiation of the
president with other heads of state.
Ruling:
No.
These
information
are
confidential It cannot be disclosed because it
is possible that other states might use the
information against us. It can however be
disclosed after an agreement is met and
when it has become a matter of public
concern.
Comm. Of Customs v. Eastern Sea
Trading (1961)
There was an agreement
regarding importations.
with
japan
11
C. Executive agreements- these are

implementing agreements which do not
need concurrence by the senate; common
substances are: commercial and consular
relations, most favored
nation rights,
patent rights, trademark and copyright
protection,
postal
and
navigation
arrangements and the settlement of
claims.
Ratio on why they are for executive- it
requires immediate action.
Saguisag v. Ochoa (2016)
The constitutionality of the EDCA is being
assailed in this case. The petitioners contend
that the EDCA was not sent to congress to be
concurred. They also assert that the agreed
locations in the PH for the prepositioning of
supplies and equipment and sending
personnel amounts to a US base.
Ruling: The EDCA is not a treaty; it is an
executive agreement.
Can the president enter into an executive
agreement relating to foreign military bases,
troops, or facilities? Yes. The role of the
President as the executor of the law includes
the duty to defend the State, for which
purpose he may use that power in the
conduct of foreign relations. In light of this
duty, it is the prerogative of the president to
do whatever is legal and necessary for
Philippine defense interest.
The agreed locations are not bases:
1. They are located in existing PH Military
reservations
2. PH has control and jurisdiction
3. They are temporary
4. Locations are still going to be agreed
upon
5. During is good for 10 years
What is the wisdom of the EDCA? The EDCA
was necessary because of the threat of China
b. Preparation and submission of

the Budget- the president will
submit a budget of expenditures
and sources of financing, including
receipts from existing and
proposed revenue measures
c. Veto Power- power of the
president to disapprove a bill
d. Emergency Powers- it is
delegated from Congress; it is the
power to issue rules and
regulations to carry out a declared
national policy.
1 Immunity from suit- the president
cannot be sued
Beltran v. Macasiar (1988)
The petitioner maintains that since the
president cant be sued, the president cannot
sue.
Ruling: No. There is no law barring the
president from filling a suit.
The Vice President
The VP has the same qualifications as the
president because the VP is a spare tire. He
has no other job but to wait for the president
to die, to be impeached or to be permanently
become disabled. Nevertheless, the VP may
be appointed in a cabinet position.
Important definitions, for palabok
purposes.
1. International agreement- refers to
a contract or understanding entered
into
between
PH
ad
another
government in written form and
governed by international law
2. Treatiesinternational agreements
entered into by the PH which require
legislative concurrence after executive
ratification. It includes compacts like
conventions, declarations, covenants
and acts. They involve political issues
or changes of national policy and
12
Ruling: This is more appropriate for executive

agreement and does not require a treaty. It is
not permanent and does not relate to policy.
Intellectual Property Association v.
Ochoa (2016)
The petitioners in this case seek to nullify the
Madrid Protocol on the ground that it lacks
concurrence form the senate and that its
implementation is in conflict of the IP code.
Ruling: The Madrid Protocol does not need
concurrence from the senate because it is
not a treaty but an executive agreement.
There is a right given to the executive to
enter into binding agreements without the
necessity of congressional approval covers
subjects such as trademark and copyright
protection. Cases such as trademark and
copyright need prompt action.
There is no conflict between the Madrid
Protocol and the IP code because the method
of registration in the IP code is distinct from
the system of registration of the Madrid
Code. The applications under the Madrid
protocol are subject to relevant national law
while applications under our country are
governed
by
our
local
registration
requirements.
Go Tek v. Deportation Board (1977)
Go Tek was found to be in possession of fake
dollars which was in violation of the RPC.
Hence, he was declared an undesirable alien.
He was recommended for deportation but Go
Tek contended that the case against him was
still pending.
Ruling: The pending case is immaterial
because the Chief Executive is the sole and
exclusive judge of the existence of facts
which warrant the deportation of alien. This
power is not dependent in any judgment. He
has the power to allow entry or to deport
aliens.
1 Legislation
a. Address Congress- SONA
those
involving
international
arrangements of permanent character
3. Executive agreements- they are
similar to treaties but they do not
require legislative concurrence; they
are
agreements
embodying
adjustments of detail carrying out
well-established national policies and
traditions
and
those
involving
arrangements
of
more
or
less
temporary nature
*from the case of Intellectual property
association
13
directed to the President of the Senate. Upon

receipt of the certificates of canvass, the
President of the Senate shall, not later than
thirty days after the day of the election, open
all certificates in the presence of the Senate
and the House of Representatives in joint
public session, and the Congress, upon
determination of the authenticity and due
execution thereof in the manner provided by
law, canvass the votes.
The person having the highest number of
votes shall be proclaimed elected, but in
case two or more shall have an equal and
highest number of votes, one of them shall
forthwith be chosen by the vote of a majority
of all the Members of both Houses of the
Congress, voting separately.
The Congress shall promulgate its rules for
the canvassing of the certificates.
The Supreme Court, sitting en banc, shall be
the sole judge of all contests relating to the
election, returns, and qualifications of the
President or Vice- President, and may
promulgate its rules for the purpose.
SECTION 5. Before they enter on the
execution of their office, the President, the
Vice-President, or the Acting President shall
take the following oath or affirmation:
I do solemnly swear (or affirm) that I will
faithfully and conscientiously fulfill my duties
as President (or Vice-President or Acting
President) of the Philippines, preserve and
defend its Constitution, execute its laws, do
justice to every man, and consecrate myself
to the service of the Nation. So help me
God. (In case of affirmation, last sentence
will be omitted.)
SECTION 6. The President shall have an
official residence. The salaries of the
President and Vice-President shall be
determined by law and shall not be
decreased during their tenure. No increase in
said compensation shall take effect until
after the expiration of the term of the
incumbent during which such increase was
approved. They shall not receive during their
tenure any other emolument from the
Government or any other source.
14
ARTICLE VII
Executive Department
SECTION 1. The executive power shall be
vested in the President of the Philippines.
SECTION 2. 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.
SECTION 3. There shall be a Vice-President
who shall have the same qualifications and
term of office and be elected with and in the
same manner as the President. He may be
removed from office in the same manner as
the President.
The Vice-President may be appointed as a
Member of the Cabinet. Such appointment
requires no confirmation.
SECTION 4. The President and the VicePresident shall be elected by direct vote of
the people for a term of six years which shall
begin at noon on the thirtieth day of June
next following the day of the election and
shall end at noon of the same date six years
thereafter. The President shall not be eligible
for any reelection. No person who has
succeeded as President and has served as
such for more than four years shall be
qualified for election to the same office at
any time.
No Vice-President shall serve for more than
two
consecutive
terms.
Voluntary
renunciation of the office for any length of
time shall not be considered as an
interruption in the continuity of the service
for the full term for which he was elected.
Unless otherwise provided by law, the
regular election for President and VicePresident shall be held on the second
Monday of May.
The returns of every election for President
and Vice-President, duly certified by the
board of canvassers of each province or city,
shall be transmitted to the Congress,
the same restrictions of powers and

disqualifications as the Acting President.
SECTION 9. Whenever there is a vacancy in
the Office of the Vice-President during the
term for which he was elected, the President
shall nominate a Vice-President from among
the Members of the Senate and the House of
Representatives who shall assume office
upon confirmation by a majority vote of all
the Members of both Houses of the
Congress, voting separately.
SECTION 10. The Congress shall, at ten
oclock in the morning of the third day after
the vacancy in the offices of the President
and Vice-President occurs, convene in
accordance with its rules without need of a
call and within seven days enact a law
calling for a special election to elect a
President and a Vice-President to be held not
earlier than forty-five days nor later than
sixty days from the time of such call. The bill
calling such special election shall be deemed
certified under paragraph 2, Section 26,
Article VI of this Constitution and shall
become law upon its approval on third
reading by the Congress. Appropriations for
the special election shall be charged against
any current appropriations and shall be
exempt from the requirements of paragraph
4, Section 25, Article VI of this Constitution.
The convening of the Congress cannot be
suspended
nor
the
special
election
postponed. No special election shall be called
if the vacancy occurs within eighteen months
before the date of the next presidential
election.
SECTION 11. Whenever the President
transmits to the President of the Senate and
the Speaker of the House of Representatives
his written declaration that he is unable to
discharge the powers and duties of his office,
and until he transmits to them a written
declaration to the contrary, such powers and
duties shall be discharged by the VicePresident as Acting President.
Whenever a majority of all the Members of
the Cabinet transmit to the President of the
Senate and to the Speaker of the House of
Representatives their written declaration that
15
SECTION 7. The President-elect and the VicePresident-elect shall assume office at the
beginning of their terms.
If the President-elect fails to qualify, the VicePresident-elect shall act as President until
the President-elect shall have qualified.
If a President shall not have been chosen,
the Vice-President-elect shall act as President
until a President shall have been chosen and
qualified.
If at the beginning of the term of the
President, the President-elect shall have died
or shall have become permanently disabled,
the
Vice-President-elect
shall
become
President.
Where no President and Vice-President shall
have been chosen or shall have qualified, or
where both shall have died or become
permanently disabled, the President of the
Senate or, in case of his inability, the
Speaker of the House of Representatives
shall act as President until a President or a
Vice-President shall have been chosen and
qualified.
The Congress shall, by law, provide for the
manner in which one who is to act as
President shall be selected until a President
or a Vice-President shall have qualified, in
case of death, permanent disability, or
inability of the officials mentioned in the next
preceding paragraph.
SECTION 8. In case of death, permanent
disability, removal from office, or resignation
of the President, the Vice-President shall
become the President to serve the unexpired
term. In case of death, permanent disability,
removal from office, or resignation of both
the President and Vice-President, the
President of the Senate or, in case of his
inability, the Speaker of the House of
Representatives, shall then act as President
until the President or Vice-President shall
have been elected and qualified.
The Congress shall, by law, provide who shall
serve as President in case of death,
permanent disability, or resignation of the
Acting President. He shall serve until the
President or the Vice-President shall have
been elected and qualified, and be subject to
by the Government or any subdivision,

agency, or instrumentality thereof, including
government-owned
or
controlled
corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the
conduct of their office.
The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the
President shall not during his tenure be
appointed as members of the Constitutional
Commissions,
or
the
Office
of
the
Ombudsman,
or
as
Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including governmentowned or controlled corporations and their
subsidiaries.
SECTION 14. Appointments extended by an
Acting President shall remain effective,
unless revoked by the elected President
within ninety days from his assumption or
reassumption of office.
SECTION 15. Two months immediately before
the next presidential elections and up to the
end of his term, a President or Acting
President shall not make appointments,
except temporary appointments to executive
positions when continued vacancies therein
will prejudice public service or endanger
public safety.
SECTION 16. The President shall nominate
and, with the consent of the Commission on
Appointments, appoint the heads of the
executive departments, ambassadors, other
public ministers and consuls, or officers of
the armed forces from the rank of colonel or
naval captain, and other officers whose
appointments are vested in him in this
Constitution. He shall also appoint all other
officers
of
the
Government
whose
appointments are not otherwise provided for
by law, and those whom he may be
authorized by law to appoint. The Congress
may, by law, vest the appointment of other
officers lower in rank in the President alone,
in the courts, or in the heads of departments,
agencies, commissions, or boards.
The President shall have the power to make
appointments during the recess of the
16
the President is unable to discharge the

powers and duties of his office, the VicePresident shall immediately assume the
powers and duties of the office as Acting
President.
Thereafter, when the President transmits to
the President of the Senate and to the
Speaker of the House of Representatives his
written declaration that no inability exists, he
shall reassume the powers and duties of his
office. Meanwhile, should a majority of all the
Members of the Cabinet transmit within five
days to the President of the Senate and to
the Speaker of the House of Representatives
their written declaration that the President is
unable to discharge the powers and duties of
his office, the Congress shall decide the
issue. For that purpose, the Congress shall
convene, if it is not in session, within fortyeight hours, in accordance with its rules and
without need of call.
If the Congress, within ten days after receipt
of the last written declaration, or, if not in
session, within twelve days after it is
required to assemble, determines by a twothirds vote of
both
Houses, voting
separately, that the President is unable to
discharge the powers and duties of his office,
the Vice-President shall act as the President;
otherwise, the President shall continue
exercising the powers and duties of his
office.
SECTION 12. In case of serious illness of the
President, the public shall be informed of the
state of his health. The Members of the
Cabinet in charge of national security and
foreign relations and the Chief of Staff of the
Armed Forces of the Philippines, shall not be
denied access to the President during such
illness.
SECTION 13. The President, Vice-President,
the Members of the Cabinet, and their
deputies or assistants shall not, unless
otherwise provided in this Constitution, hold
any other office or employment during their
tenure. They shall not, during said tenure,
directly or indirectly, practice any other
profession, participate in any business, or be
financially interested in any contract with, or
in any franchise, or special privilege granted
A state of martial law does not suspend the

operation of the Constitution, nor supplant
the functioning of the civil courts or
legislative assemblies, nor authorize the
conferment of jurisdiction on military courts
and agencies over civilians where civil courts
are able to function, nor automatically
suspend the privilege of the writ.
The suspension of the privilege of the writ
shall apply only to persons judicially charged
for rebellion or offenses inherent in or
directly connected with the invasion.
During the suspension of the privilege of the
writ, any person thus arrested or detained
shall be judicially charged within three days,
otherwise he shall be released.
SECTION
19.
Except
in
cases
of
impeachment, or as otherwise provided in
this Constitution, the President may grant
reprieves, commutations and pardons, and
remit fines and forfeitures, after conviction
by final judgment.
He shall also have the power to grant
amnesty with the concurrence of a majority
of all the Members of the Congress.
SECTION 20. The President may contract or
guarantee foreign loans on behalf of the
Republic of the Philippines with the prior
concurrence of the Monetary Board, and
subject to such limitations as may be
provided by law. The Monetary Board shall,
within thirty days from the end of every
quarter of the calendar year, submit to the
Congress a complete report of its decisions
on applications for loans to be contracted or
guaranteed
by
the
Government
or
government-owned
and
controlled
corporations which would have the effect of
increasing the foreign debt, and containing
other matters as may be provided by law.
SECTION 21. No treaty or international
agreement shall be valid and effective unless
concurred in by at least two-thirds of all the
Members of the Senate.
SECTION 22. The President shall submit to
the Congress within thirty days from the
17
Congress, whether voluntary or compulsory,

but such appointments shall be effective only
until after disapproval by the Commission on
Appointments or until the next adjournment
of the Congress.
SECTION 17. The President shall have control
of all the executive departments, bureaus,
and offices. He shall ensure that the laws be
faithfully executed.
SECTION 18. The President shall be the
Commander-in-Chief of all armed forces of
the Philippines and whenever it becomes
necessary, he may call out such armed
forces to prevent or suppress lawless
violence, invasion or rebellion. In case of
invasion or rebellion, when the public safety
requires it, he may, for a period not
exceeding sixty days, suspend the privilege
of the writ of habeas corpus or place the
Philippines or any part thereof under martial
law. Within forty-eight hours from the
proclamation
of martial law or the
suspension of the privilege of the writ of
habeas corpus, the President shall submit a
report in person or in writing to the
Congress. The Congress, voting jointly, by a
vote of at least a majority of all its Members
in regular or special session, may revoke
such proclamation or suspension, which
revocation shall not be set aside by the
President. Upon the initiative of the
President, the Congress may, in the same
manner, extend such proclamation or
suspension for a period to be determined by
the Congress, if the invasion or rebellion
shall persist and public safety requires it.
The Congress, if not in session, shall, within
twenty-four
hours
following
such
proclamation or suspension, convene in
accordance with its rules without any need of
a call.
The Supreme Court may review, in an
appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the
proclamation
of martial law or the
suspension of the privilege of the writ or the
extension thereof, and must promulgate its
decision thereon within thirty days from its
filing.
SECTION 23. The President shall address the

Congress at the opening of its regular
session. He may also appear before it at any
other time.
18
opening of every regular session, as the

basis of the general appropriations bill, a
budget of expenditures and sources of
financing, including receipts from existing
and proposed revenue measures.
C. Judicial Department
19
Judge Macaraig was asked to review the

petitioners for the DOJ. He was acting like the
executive secretary for the Secretary of
Justice.
Ruling: Invalid because there is conflict of
interest. It is possible that he might review
decisions that may be filed before his court.
Macaraig was performing an executive
function which is a violation of the separation
of powers.
Can members of the judiciary perform
administrative
functions?
Yes,
but
limited to those:
1. Provided
in
the
Constitution
(Presidential electoral tribunal, HRET,
SET)
2. Germane to their judicial task
Salary- fixed by law/ cannot be decreased
Nitafan v. CIR (1987)
WON the salaries of judges are taxable.
Ruling: Yes! Exemption of the judiciary from
taxes is a violation of equal protection. Equal
protection means that the same class of
persons receives the same treatment unless
they have substantial distinction. Is there
such in our present case? None. Members of
the judiciary and other members of the
different branches are all government
employees. Since other members of the
different branches are taxed, the judiciary
must also be taxed.
Tenure- they shall serve until they are 70
years old unless they become incapacitated
Ratio: The older the wiser.
Removal- Justices in SC, impeachment that
will be filed in Congress; Judges, en banc
decision of SC, administrative case
In Re Gonzales (1988)
WON the ombudsman can dismiss a judge.
20
1. Judicial power- duty of the courts of

justice to settle actual controversies,
involving rights which are legally
demandable and enforceable; it is also
the power to determine WON there
has been a grave abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any branch
or instrumentality
2. The Supreme CourtComposition- 1 CJ, 14 Associate Justices
Mode of Sitting- GR: They sit in divisions of
5
XPN. En Banc when:
1. Constitutionality issues
2. When SC has to abandon a previous
doctrine
3. Dismissing judges
4. Disbarment
Ratio for en banc decisions: SC decisions
become laws
*In case 1 division lacks members, the CJ
may appoint another justice to that division
Appointment- they are appointed by the
president through a short list given by the
JBC
What is the participation of the president in
the JBC? He is one of the members of the JBC
through his alter-ego, the secretary of
justice.
Non judicial work for judges- members of
the judiciary shall only have judicial functions
Meralco v. Pasay Trans Co. (1932)
The SC is requested to sit as board of
arbitrators as provided for under the law.
Ruling: Invalid. This is not a judicial function.
Garcia v. Macaraig (1971)
How about the case involving a student that

was prevented from finishing her speech
during her graduation and because of that
the school refused to give her a certificate of
good moral which prevented her from
entering college? This is justiciable. The
certificate was a requirement that the
student needs.
Deliberation- certification/consultation
Ruling: No. The SC has the sole disciplinary

jurisdiction over judges.
Ratio: To prevent undue influence and
harassment cases.
*The Ombudsman is like a prosecutor. Its
findings are filed before the RTC.
Fiscal autonomy- the budget proposal on
the judiciary cannot be decreased by
congress
Voting- majority of members

Ratio: To prevent political pressure from
congress
Requirements as to decision-
Resolution
Decision
Legal basis
Facts + Law
Relates to why the

case was not given
due course
Disposition based on
merits after the case
is given due course
Lack of merit/ No real

issue
Answers questions of
laws that needs to be
decided
Jurisdiction- courts have jurisdiction over

cases which have actual case or
controversies or rights that are legally
demandable and enforceable
1. Original jurisdiction- Sec. 5(1)
Certiorari/Manadamus/ Quo Warranto/
Action of Sepcial Civil Action
2. Appellate- judicial review/ review error
or question of law
*Questions of facts are resolved from MTC to
CA level only
Process:
Santiago v. Bautista (1970)

The proclamation of honor students of a
graduating class is being assailed.
Ruling: No jurisdiction. There is no right to be
an honor student, hence, no legally
demandable right that is violated.
Felipe v. Leuterio (1952)
The petitioner was asking the court to
reverse the award given in an oratorical
contest.
Ruling: No jurisdiction. There is no legally
demandable right. There is no right to win an
oratorical contest.
They alleged that there was cheating. WHO
CARES?
21
People v. Bugarin (1996)

The decision of the TC does not state the
grounds for the conviction of Bugarin for the
felony of rape.
Ruling: Invalid. The requirement was not
met. Under the law, decisions must state the
Facts and the law. The TC must have stated
why Bugarin was guilty and if the elements
of the crime were met.
Importance: To inform the parties of the
reason for the decision, so if there is any
appeal, he can point out in the appellate
court the matters he disagrees. It is also an
assurance that the judge went to the process
of legal reasoning.
Hernandez v. CA (1993)
The court copied and pasted the facts
adopted by the OSG and it made its own
legal discussion.
Ruling: Valid. There is no prohibition against
the court adopting the narration of facts; it
suffices that the court states in its decision
the facts on which it is based.
Yao v. CA (2000)
The RTC affirmed the decision of the MTC
without stating the facts and the law it is
based.
Ruling: Invalid. The requirement is that
decisions must state the facts and the law.
The reason is to afford a person due process
by giving him a fair opportunity to be heard.
Dizon v. Lopez (1997)
Judge Lopez at first only made a verbal
dispositive portion to the accused but she
served a copy of the decision only after 1
year and 8 months.
Ruling: Invalid. The decision must have been
made within 3 months. The law also requires
that a decision contains the law and the
facts.
22
Valladolid v. Inciong (1992)

The order of the Deputy minister of labor was
being assailed because it did not state the
facts and the law.
Ruling: Valid. The Constitutional requirement
is only applicable to court of law and judicial
decisions. The order was coming from a
quasi-judicial body.
Nunal v. COA (1989)
Decision of the COA is being assailed
because it did not follow the requirement
under the Constitution. The SC in a resolution
stated the legal basis for the dismissal of the
petition to review the decision of the COA.
Ruling: The resolution of the SC is valid.
Legal basis is the only requirement for
resolutions issued by courts. The decision of
COA is still valid even if it did not follow the
requirement because COA is not mandated
under the law to follow the consti
requirement even if it exercises quasi-judicial
functions.
against a Chinese drug lord. As a defense, J.

Demetria contended that it was just a social
visit as their offices were adjacent to each
other.
Ruling: He can be disciplined. J. Demetria can
exercise ascendency over the prosecutor as
he was the former usec of DOJ. Thus, there is
a possibility that he can influence the
outcome of the case. He was dismissed from
service because he showed to be unfit as a
judge instead of showing intergrity and
impartiality.
In re letter of PJ Vasquez (2008)
There were allegations that J. Roxas received
money as bribe money. As a result, he
himself went door to door and asked the
other justices to sign it.
Ruling: The court dismissed him from
services because he showed undue interest
in the case. As a collegial court, discussion
among the justices is necessary. There was
none in this case because he solicited for the
signature of the justices before their
discussion.
1. Temporarily assign judges to
other stations in public interestdesignated to another court for a fixed
period which should not be longer
than 6 months
Asiavest v. CA (2001)
The High Court of Malaysia ruled against
PNCC. PNCC alleged that the decision of
Malaysia is not valid because it did not state
the facts and the law upon which it is based.
Ruling: The decision is valid based on the
rule of reciprocity. Final judgments of foreign
courts
of
competent
jurisdiction
are
respected. To strengthen the claim, the
petitioner should use the foreign judgment
as supplement to his petitioner. To verify its
authenticity, there must be a certification
from the Philippine Embassy in the country
where the foreign judgment was rendered.
Petition
for
review/Motion
for
reconsideration- no denial of petition or
MR without stating the legal basis
Periods of deciding casesRTC- 3 months
CA- 12 months
SC- 24 months
*All from the time the case is submitted for
resolution
Presidential Electoral Tribunal- decides
election cases involving Pres and VP.
Electoral Tribunal receives evidences by
verifying all the contested ballots. The SC
cannot originally do this because the SC is
not a trier of facts so the SC sits as an
Electoral tribunal.
Administrative powers
2. Order a change of venue or place

of trial to avoid miscarriage of
justice- the purpose is to avoid
miscarriage of justice
*The court may initiate the transfer of the
proceedings. Eg. Maguinadanao massacre
case, it was originally set to be heard in
Maguinadanao but was transferred in Metro
Manila
In re Demetria (2001)
Justice Demetria went to a prosecutor to
request him to withdraw his inhibition
People v. Pilotin (1975)

1. Supervision of lower courts- Sec.

11 (2)
-remove/suspend/impose fine on all
justices including the Sandiganbayan.
-has power of control, but cannot
modify nor revoke the decision; it can
however change the decision when it
is appealed
23
by an unlawful act or omission of a public

official or employee, or of a private individual
or entity engaged in the gathering, collecting
or storing of data or information regarding
the
person,
family,
home
and
correspondence of the aggrieved party.
Writ of amparo- to a remedy available to any
person whose right to life, liberty and
security is violated or threatened with
violation by an unlawful act or omission of a
public official or employee, or of a private
individual or entity
3. Promulgate
rules
concerning
pleading, practice and procedurethere must be uniformity on all courts/
Rules of Court
5 books under the ROC:
I.
Civil procedure
II.
Criminal procedure
III. Special proceedings

IV. Legal ethics
V.
Rules on evidence
7. Admission to the practice of lawSC

administer
the
licensure
examination/ administer the oath and
the signing of the roll of attorneys/
power to discipline lawyers
Zaldivar v. Gonzales (1988)
Gonzales said something in court about the
justices as if he is implying that they are
corrupt. He contended that it is part of his
freedom of speech.
Ruling: He was cited for contempt. The court
has the power to maintain order in the
proceedings; it is part of the plenary power
to maintain order. There was no violation of
his freedom of speech because it is not
24
The accused was charged because he burned

down 2 barangays. He was requesting to
transfer the place of trial because his life was
in danger.
Ruling: The trial can be transferred. There is
a miscarriage of justice because the safety of
the accused was at risk.
People v. Mondiguing (1975)
The accused moved to transfer the hearing
of the case because they were expecting the
judge to be impartial as he was the protge
of one of the victims.
Ruling: The transfer is valid. There would be
a miscarriage of justice because the accused
may not be given a fair trial.
People v. Sola (1981)
The mayor allegedly killed a sacada (a sugar
cane worker). There was a request to
transfer the venue of the case because of
the possibility that no one might not come
out for the sacadas against the mayor.
Ruling: Valid. There would be a miscarriage
of justice because the witnesses are
prevented from testifying because of fear on
testifying against the mayor.
2. Appointment
of
officials
employees of entire judiciary
and
3. Promulgate rules concerning the

enforcement and protection of
constitutional rights
Writ of kalikasan- to order a person to stop a

particular activity because of the harm of the
environment
Writ of habeas data- - a remedy available to
any person whose right to privacy in life,
liberty or security is violated or threatened
2. Education- MCLE service providers/

they issue journals and legal articles
3. Service- free legal aid/ IBP provides for

the venue/ 60 hrs per year XPN.
Government lawyers
In re: Edillion (1978)
Edillion refused to pay his IBP dues because
it was allegedly a violation of his freedom of
association.
Ruling: There was no violation of his right.
Edillions membership in the IBP is not a
mere social group, but it is for the regulation
of lawyers. The fees being paid is for the cost
of regulation.
In re: IBP Elections (1989)
There were prohibited campaigning activities
and solicitation of votes done by the
candidates.
Ruling: The SC nullified the elections. The
court has the power to do so because it
exercises control over the IBP.
9. Legal assistance to the
underprivileged- legal assistance/
legal aid office
Report on the judiciary- the Court reports
to congress annually regarding the
highlights, how many cases were decided,
new rules and doctrines, etc.
Lower courts- judges of lower courts are
screened by the JBC and appointed by the
president; their tenure is until they are 70
years old unless they become incapacitated
Judicial and Bar Council- they recommend
nominees to the president/ not barred by the
election ban because it is not merely a power
but also a duty
25
absolute in the first place. The court weight

down the speech of Gonzales with the
integrity of the court and it was concluded
that the integrity of the court is important
because the court needs to ensure that the
peoples trust and confidence on the courts
are maintained. If the court chose to ignore
the attacks against it, people might lose their
faith on the courts of justice.
In re Cunanan (1954)
Several unsuccessful bar examinees asked
congress to pass a law to reduce the passing
rate of the bar exam from 75 to 70. The ratio
for the law is that the examinees have no
legal access to legal materials because of
the war.
Ruling: The law is not valid. Although the
Constitution vests to congress the power to
legislate, the Constitution itself provided for
the exception. It specifically reserves to the
SC the power to regulate the admission to
the practice of law.
Aguirre v. Rana (2003)
Before taking his oath, Rana was already
representing himself a counsel. He signed as
a counsel and entered his appearance as
such.
Ruling: He was barred from taking his oath.
He has showed acts that are unfit to be in
the legal profession. A person does not
become a lawyer by passing the bar alone,
he must take his oath and sign the roll of
attorneys.
4. Integration of the barFunctions:
1. Discipline lawyers- they investigate
and send a recommendation to the SC
issues raised against him. He was not given

the chance to be heard. Since this rule is
oppressive, the Court interfered and directed
the JBC to revise its rules
Is the procedure in the JBC subject to review?

Yes. Jardeleza case
Lessons from the Jardeleza case:
Congress sent 2 representatives in the JBC

but the Constitution only provides for 1. The
procedure then is than the e have an
equivalent of vote to get the vote of 1.
1. SC may exercise jurisdiction over the

JBC
2. Even if not a quasi-judicial body, due
process must still be observed
Automatic release of appropriations for
the
judiciaryDBM is required to
automatically release the funds
Chavez v. JBC (2013)
WON the Consti allows more than 1 member

of Congress to sit as a representative in the
proceedings of the JBC
Ruling: No. The majority resolved the issue
using verbal legis. The Constitution is clear
that there is only 1 member from Congress.
Dissent:
J. Brion: The issue must have been resolved
using intent + the law as a whole
J. Leonen: In support of 8 because it is legally
impossible for an ex officio to represent 2
offices because when you are ex-officio it is
limited to particular office (eg. If a senator is
a member of the JBC he is merely
representing the senate and not the HOR)
Jardeleza v. Sereno (2014)
J. Carpio asked CJ Sereno to invoke the
integrity rule because he disagrees with how
J. Jardeleza handled an important case of the
PH. J. Jardeleza excluded several islands in a
petition that the PH is claiming against China
and against other countries because
including others would weaken the case
since it would amount to making new
enemies with other nations. J. Carpio
disagrees with the strategy because it
amounts to betrayal of national interest.
Ruling: The SC intervened because there
were allegations of grave abuse of discretion.
The procedure of the JBC violated due
process. When the integrity rule was
invoked, J. Jardeleza was just summoned; he
was not given fair opportunity to answer the
26
decided with the concurrence of a majority of

the Members who actually took part in the
deliberations on the issues in the case and
voted thereon.
(3) Cases or matters heard by a division shall
be decided or resolved with the concurrence
of a majority of the Members who actually
took part in the deliberations on the issues in
the case and voted thereon, and in no case,
without the concurrence of at least three of
such Members. When the required number is
not obtained, the case shall be decided en
banc: Provided, that no doctrine or principle
of law laid down by the court in a decision
rendered en banc or in division may be
modified or reversed except by the court
sitting en banc.
SECTION 5. The Supreme Court shall have
the following powers:
(1) Exercise original jurisdiction over cases
affecting
ambassadors,
other
public
ministers and consuls, and over petitions for
certiorari,
prohibition,
mandamus,
quo
warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm
on appeal or certiorari, as the law or the
Rules of Court may provide, final judgments
and orders of lower courts in:
(a) All cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential
decree, proclamation, order, instruction,
ordinance, or regulation is in question.
(b) All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any
lower court is in issue.
(d) All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
(e) All cases in which only an error or
question of law is involved.
27
ARTICLE VIII
Judicial Department
SECTION 1. The judicial power shall be
vested in one Supreme Court and in such
lower courts as may be established by law.
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.
SECTION 2. The Congress shall have the
power to define, prescribe, and apportion the
jurisdiction of various courts but may not
deprive the Supreme Court of its jurisdiction
over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the
Judiciary when it undermines the security of
tenure of its Members.
SECTION 3. The Judiciary shall enjoy fiscal
autonomy. Appropriations for the Judiciary
may not be reduced by the legislature below
the amount appropriated for the previous
year
and,
after
approval,
shall
be
automatically and regularly released.
SECTION 4. (1) The Supreme Court shall be
composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its
discretion, in divisions of three, five, or seven
Members. Any vacancy shall be filled within
ninety days from the occurrence thereof.
(2) All cases involving the constitutionality of
a
treaty,
international
or
executive
agreement, or law, which shall be heard by
the Supreme Court en banc, and all other
cases which under the Rules of Court are
required to be heard en banc, including those
involving the constitutionality, application, or
operation
of
presidential
decrees,
proclamations,
orders,
instructions,
ordinances, and other regulations, shall be
Supreme Court composed of the Chief Justice

as ex officio Chairman, the Secretary of
Justice, and a representative of the Congress
as ex officio Members, a representative of
the Integrated Bar, a professor of law, a
retired Member of the Supreme Court, and a
representative of the private sector.
(2) The regular Members of the Council shall
be appointed by the President for a term of
four years with the consent of the
Commission on Appointments. Of the
Members first appointed, the representative
of the Integrated Bar shall serve for four
years, the professor of law for three years,
the retired Justice for two years, and the
representative of the private sector for one
year.
(3) The Clerk of the Supreme Court shall be
the Secretary ex officio of the Council and
shall keep a record of its proceedings.
(4) The regular Members of the Council shall
receive such emoluments as may be
determined by the Supreme Court. The
Supreme Court shall provide in its annual
budget the appropriations for the Council.
(5) The Council shall have the principal
function of recommending appointees to the
Judiciary. It may exercise such other
functions and duties as the Supreme Court
may assign to it.
SECTION 9. The Members of the Supreme
Court and judges of lower courts shall be
appointed by the President from a list of at
least three nominees prepared by the Judicial
and Bar Council for every vacancy. Such
appointments need no confirmation.
(3) Assign temporarily judges of lower courts

to other stations as public interest may
require. Such temporary assignment shall
not exceed six months without the consent
of the judge concerned.
(4) Order a change of venue or place of trial
to avoid a miscarriage of justice.
(5)
Promulgate
rules
concerning
the
protection and enforcement of constitutional
rights, pleading, practice, and procedure in
all courts, the admission to the practice of
law, the Integrated Bar, and legal assistance
to the underprivileged. Such rules shall
provide a simplified and inexpensive
procedure for the speedy disposition of
cases, shall be uniform for all courts of the
same grade, and shall not diminish, increase,
or modify substantive rights. Rules of
procedure of special courts and quasi-judicial
bodies
shall
remain
effective
unless
disapproved by the Supreme Court.
(6) Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
SECTION 6. The Supreme Court shall have
administrative supervision over all courts
and the personnel thereof.
SECTION 7. (1) No person shall be appointed
Member of the Supreme Court or any lower
collegiate court unless he is a natural-born
citizen of the Philippines. A Member of the
Supreme Court must be at least forty years
of age, and must have been for fifteen years
or more a judge of a lower court or engaged
in the practice of law in the Philippines.
For the lower courts, the President shall issue

the appointments within ninety days from
the submission of the list.
(2) The Congress shall prescribe the

qualifications of judges of lower courts, but
no person may be appointed judge thereof
unless he is a citizen of the Philippines and a
member of the Philippine Bar.
SECTION 10. The salary of the Chief Justice

and of the Associate Justices of the Supreme
Court, and of judges of lower courts shall be
fixed by law. During their continuance in
office, their salary shall not be decreased.
(3) A Member of the Judiciary must be a

person of proven competence, integrity,
probity, and independence.
SECTION 8. (1) A Judicial and Bar Council is
hereby created under the supervision of the
28
SECTION 15. (1) All cases or matters filed

after the effectivity of this Constitution must
be decided or resolved within twenty-four
months from date of submission for the
Supreme Court, and, unless reduced by the
Supreme Court, twelve months for all lower
collegiate courts, and three months for all
other lower courts.
(2) A case or matter shall be deemed
submitted for decision or resolution upon the
filing of the last pending, brief, or
memorandum required by the Rules of Court
or by the court itself.
(3) Upon the expiration of the corresponding
period, a certification to this effect signed by
the Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof
attached to the record of the case or matter,
and
served
upon
the
parties.
The
certification shall state why a decision or
resolution has not been rendered or issued
within said period.
(4) Despite the expiration of the applicable
mandatory period, the court, without
prejudice to such responsibility as may have
been incurred in consequence thereof, shall
decide or resolve the case or matter
submitted thereto for determination, without
further delay.
SECTION 16. The Supreme Court shall, within
thirty days from the opening of each regular
session of the Congress, submit to the
President and the Congress an annual report
on the operations and activities of the
Judiciary.
29

Court and judges of lower courts shall hold
office during good behavior until they
reached the age of seventy years or become
incapacitated to discharge the duties of their
office. The Supreme Court en banc shall have
the power to discipline judges of lower
courts, or order their dismissal by a vote of a
majority of the Members who actually took
part in the deliberations on the issues in the
case and voted thereon.
Court and of other courts established by law
shall not be designated to any agency
performing quasi-judicial or administrative
functions.
SECTION 13. The conclusions of the Supreme
Court in any case submitted to it for decision
en banc or in division shall be reached in
consultation before the case is assigned to a
Member for the writing of the opinion of the
Court. A certification to this effect signed by
the Chief Justice shall be issued and a copy
thereof attached to the record of the case
and served upon the parties. Any Member
who took no part, or dissented, or abstained
from a decision or resolution must state the
reason therefor. The same requirements shall
be observed by all lower collegiate courts.
SECTION 14. No decision shall be rendered
by any court without expressing therein
clearly and distinctly the facts and the law on
which it is based.
No petition for
reconsideration of
shall be refused
without stating the
review or motion for

a decision of the court
due course or denied
legal basis therefor.
Part V- Constitutional Commissions
30
Appointments to the commission are subject

to confirmation by the commission on
appointment. The Constitution prohibits
reappointment
A. Common Provisions
Why do we have the Constitutional
Commissions? For ACCOUNTABILITY.
Decisions: CSC/COA en banc
Qualifications:
1. Natural born citizen
2. At least 35 years of age at the time of
appointment
3. Must not have been a candidate for
any elective position in the elections
immediately
preceding
their
appointment
4. No candidate who lost in any election
shall, within 1 year after such election,
be appointed to any office in the
government or any GOCC or in any of
their subsidiaries
5. The
spouse
and
relatives
by
consanguinity or affinity within the 4th
civil degree of the president shall not,
during his tenure, be appointed as
members
of
the
Constitutional
commissions
*COMELEC- GR: divisions; xpn. Motion for

reconsideration en banc
*for CSC- must have proven capacity for

public administration
All other activities must always be germane

to the principal mandate of the commission
*for COMELEC- 6. They must be holders of a

college degree; 7. Majority, including the
chairman must have been engaged in the
practice of law for at least 10 years
What if a person was appointed but was bypassed in the commission on appointment?
Can he be reappointed again? No, this
amounts
to
reappointment
which
is
prohibited under the Constitution
No acting appointments. Ratio: it will erode
the independence of the commission
Allowed: Regular/ Ad-interim appointment
Fixed term- 7 years from Feb. 2, 1987
Fixed salary
Fiscal autonomy- upon request of the Chair,
DBM must release the funds
A Civil Service Commission

Core
business:
qualifications
1. Appointment
qualifications
Approve/disapprove
it
confirms
the
What if unqualified revoke/ issue a

temporary appointment because none of the
applicants are qualified
1. Promotion makes sure they are
qualified or ensure that appointments
are based on merits or fitness (xpn.
Highly technical; highly confidential
What if next in line was not appointed, can
he file in the CSC? No. CSC has no power
because its function is merely to check. He
must go the regular courts.
*COA- 8. Must be a CPA; 9. At no time shall

all members of the commission belong to the
same profession
31
Disqualifications:
1. Hold any other office or employment
2. Engaged in the practice of any
profession
3. Engage in the active management or
control of any business, which in any
way may be affected by the functions
of his office
4. Be financially interested, directly or
indirectly in any contract with, or in
any franchise or privilege granted by,
the government, its subdivisions,
agencies
or
instrumentalities,
including GOCC or their subsidiaries.
Original jurisdiction- regional, provincial and

city
Appellate
barangay
jurisdiction-
municipal
When does COMELECs jurisdiction

When there is a valid proclamation.
2. Reassignment ensure that their

security of tenure is protected
and
end?
Does COMELEC have jurisdiction over

senators? Yes because COMELEC proclaims
senators
What if office was abolished? A valid

abolition must be done in GF and no badges
of BF (eg. A new office is created with the
same functions as the abolished office)
3. Disciplinary original concurrent
jurisdiction in disciplinary cases
Who are covered?
How about the exclusion to the right to vote?

It is not within the jurisdiction of COMELEC. It
is determined by the regular courts.
B. Commission on Audit
Core business: Government revenues and
expenditures
Ratio: To ensure that public funds and
property are properly used
1. All
branches,
subdivisions,
instrumentalities and agencies of the
government
2. GOCC with original charter (created by
law)
*If GOCC created under the corporation code
or it subsequently becomes privatized- it
does not fall within the CSCs jurisdiction
They have the right to form unions but not
given the right to strike to prevent the
hampering of government functions.
Revenues- in flows
Expenditures- outflows/ payments made +
collections (taxes by BIR, duties, license fees,
etc)
Who are subject to audit?
1. The government
2. GOCC with original charter
3. GOCC under corp code POST AUDIT
ONLY
Where do you go in instances of money
claims against the government? You go to
court, not COA.
Who determines the amount? The court
because it is a factual issue
COAs jurisdiction- WON PAYMENT CAN BE
MADE/ WON THERE IS A VALID PAYMENT
Why is there no law permitting the right to

strike? Even
if there is a right to selforganization, there is a principle of public
office is a public trust. It is thus limited.
Nevertheless, they may still rally during
lunch break or after office hours.
They may engage in Collective Negotiation
Agreement that contains other benefits and
privileges of workers not provided for by law.
Sec. 7 and 8- other appointments
-they must still be germane/related to
primary function
-cannot receive additional compensation
-allowances if provided by law creating the
position
A Commission on Elections
*CHR is not one of the commissions. It was

created by an executive order
32
Core business: In charge of election returns

and qualifications of candidates
memorandum required by the rules of the

Commission or by the Commission itself.
Unless
otherwise
provided
by
this
Constitution or by law, any decision, order, or
ruling of each Commission may be brought
to the Supreme Court on certiorari by the
aggrieved party within thirty days from
receipt of a copy thereof.
SECTION 8. Each Commission shall perform
such other functions as may be provided by
law.
B. The Civil Service Commission
SECTION 1. (1) The Civil Service shall be
administered
by
the
Civil
Service
Commission composed of a Chairman and
two Commissioners who shall be naturalborn citizens of the Philippines and, at the
time of their appointment, at least thirty-five
years of age, with proven capacity for public
administration, and must not have been
candidates for any elective position in the
elections
immediately
preceding
their
appointment.
(2) The Chairman and the Commissioners
shall be appointed by the President with the
consent of the Commission on Appointments
for a term of seven years without
reappointment. Of those first appointed, the
Chairman shall hold office for seven years, a
Commissioner for five years, and another
Commissioner for three years, without
reappointment. Appointment to any vacancy
shall be only for the unexpired term of the
predecessor. In no case shall any Member be
appointed or designated in a temporary or
acting capacity.
SECTION 2. (1) The civil service embraces all
branches, subdivisions, instrumentalities,
and agencies of the Government, including
government-owned
or
controlled
corporations with original charters.
(2) Appointments in the civil service shall be
made only according to merit and fitness to
be determined, as far as practicable, and,
except to positions which are policydetermining, primarily confidential, or highly
technical, by competitive examination.
33
ARTICLE IX
Constitutional Commissions
A. Common Provisions
SECTION 1. The Constitutional Commissions,
which shall be independent, are the Civil
Service Commission, the Commission on
Elections, and the Commission on Audit.
SECTION 2. No Member of a Constitutional
Commission shall, during his tenure, hold
any other office or employment. Neither shall
he engage in the practice of any profession
or in the active management or control of
any business which in any way be affected
by the functions of his office, nor shall he be
financially interested, directly or indirectly, in
any contract with, or in any franchise or
privilege granted by the Government, any of
its
subdivisions,
agencies,
or
instrumentalities,
including
governmentowned or controlled corporations or their
subsidiaries.
SECTION 3. The salary of the Chairman and
the Commissioners shall be fixed by law and
shall not be decreased during their tenure.
SECTION 4. The Constitutional Commissions
shall appoint their officials and employees in
accordance with law.
SECTION 5. The Commission shall enjoy fiscal
autonomy.
Their
approved
annual
appropriations shall be automatically and
regularly released.
SECTION 6. Each Commission en banc may
promulgate its own rules concerning
pleadings and practice before it or before
any of its offices. Such rules however shall
not diminish, increase, or modify substantive
rights.
SECTION 7. Each Commission shall decide by
a majority vote of all its Members any case
or matter brought before it within sixty days
from the date of its submission for decision
or resolution. A case or matter is deemed
submitted for decision or resolution upon the
filing of the last pleading, brief, or
any capacity to any public office or position

during his tenure.
Unless otherwise allowed by law or by the
primary functions of his position, no
appointive official shall 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.
SECTION 8. No elective or appointive public
officer or employee shall receive additional,
double, or indirect compensation, unless
specifically authorized by law, nor accept
without the consent of the Congress, any
present, emolument, office, or title of any
kind from any foreign government.
Pensions or gratuities shall not be considered
as
additional,
double,
or
indirect
compensation.
C. The Commission on Elections
SECTION 1. (1) There shall be a Commission
on Elections composed of a Chairman and six
Commissioners who shall be natural-born
citizens of the Philippines and, at the time of
their appointment, at least thirty-five years
of age, holders of a college degree, and must
not have been candidates for any elective
position in the immediately preceding
elections. However, a majority thereof,
including the Chairman, shall be Members of
the Philippine Bar who have been engaged in
the practice of law for at least ten years.
reappointment. Of those first appointed,
three Members shall hold office for seven
years, two Members for five years, and the
last Members for three years, without
shall be only for the unexpired term of the
predecessor. In no case shall any Member be
appointed or designated in a temporary or
acting capacity.
(3) No officer or employee of the civil service

shall be removed or suspended except for
cause provided by law.
(4) No officer or employee in the civil service
shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
(5) The right to self-organization shall not be
denied to government employees.
(6) Temporary employees of the Government
shall be given such protection as may be
provided by law.
SECTION 3. The Civil Service Commission, as
the central personnel agency of the
Government, shall establish a career service
and adopt measures to promote morale,
efficiency,
integrity,
responsiveness,
progressiveness, and courtesy in the civil
service. It shall strengthen the merit and
rewards system, integrate all human
resources development programs for all
levels and ranks, and institutionalize a
management climate conducive to public
accountability. It shall submit to the President
and the Congress an annual report on its
personnel programs.
SECTION 4. All public officers and employees
shall take an oath or affirmation to uphold
and defend this Constitution.
SECTION 5. The Congress shall provide for
the standardization of compensation of
government
officials
and
employees,
including those in government-owned or
controlled corporations with original charters,
taking into account the nature of the
responsibilities pertaining to, and the
qualifications required for their positions.
SECTION 6. No candidate who has lost in any
election shall, within one year after such
election, be appointed to any office in the
Government or any government-owned or
controlled corporations or in any of their
subsidiaries.
SECTION 7. No elective official shall be
eligible for appointment or designation in
34
Financial
contributions
from
foreign
governments and their agencies to political
parties,
organizations,
coalitions,
or
candidates related to elections constitute
interference in national affairs, and, when
accepted, shall be an additional ground for
the cancellation of their registration with the
Commission, in addition to other penalties
that may be prescribed by law.
(6) File, upon a verified complaint, or on its
own initiative, petitions in court for inclusion
or exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
(7) Recommend to the Congress effective
measures to minimize election spending,
including
limitation
of
places
where
propaganda materials shall be posted, and to
prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance
candidacies.
(8) Recommend to the President the removal
of any officer or employee it has deputized,
or the imposition of any other disciplinary
action, for violation or disregard of, or
disobedience to its directive, order, or
decision.
(9) Submit to the President and the Congress
a comprehensive report on the conduct of
each
election,
plebiscite,
initiative,
referendum, or recall.
SECTION 3. The Commission on Elections
may sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to
expedite disposition of election cases,
including pre-proclamation controversies. All
such election cases shall be heard and
decided in division, provided that motions for
reconsideration of decisions shall be decided
by the Commission en banc.
SECTION 4. The Commission may, during the
election period, supervise or regulate the
enjoyment or utilization of all franchises or
permits for the operation of transportation
and other public utilities, media of
35
SECTION 2. The Commission on Elections

shall exercise the following powers and
functions:
(1) Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall.
(2) Exercise exclusive original jurisdiction
over all contests relating to the elections,
returns, and qualifications of all elective
regional, provincial, and city officials, and
appellate jurisdiction over all contests
involving elective municipal officials decided
by trial courts of general jurisdiction, or
involving elective barangay officials decided
by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the
Commission on election contests involving
elective municipal and barangay offices shall
be final, executory, and not appealable.
(3) Decide, except those involving the right
to vote, all questions affecting elections,
including determination of the number and
location of polling places, appointment of
election officials and inspectors, and
registration of voters.
(4) Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities
of
the
Government,
including
the
Armed
Forces
of
the
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and
credible elections.
(5) Register, after sufficient publication,
political parties, organizations, or coalitions
which, in addition to other requirements,
must present their platform or program of
government; and accredit citizens arms of
the Commission on Elections. Religious
denominations and sects shall not be
registered. Those which seek to achieve their
goals through violence or unlawful means, or
refuse to uphold and adhere to this
Constitution, or which are supported by any
foreign government shall likewise be refused
registration.
expenses for holding regular and special

elections, plebiscites, initiatives, referenda,
and recalls, shall be provided in the regular
or
special
appropriations
and,
once
approved, shall be released automatically
upon certification by the Chairman of the
Commission.
D. Commission on Audit
SECTION 1. (1) There shall be a Commission
on Audit composed of a Chairman and two
Commissioners, who shall be natural-born
citizens of the Philippines and, at the time of
their appointment, at least thirty-five years
of age, certified public accountants with not
less than ten years of auditing experience, or
members of the Philippine Bar who have
been engaged in the practice of law for at
least ten years, and must not have been
candidates for any elective position in the
elections
immediately
preceding
their
appointment. At no time shall all Members of
the Commission belong to the same
profession.
reappointment. Of those first appointed, the
Chairman shall hold office for seven years,
one Commissioner for five years, and the
other Commissioner for three years, without
shall be only for the unexpired portion of the
term of the predecessor. In no case shall any
Member be appointed or designated in a
temporary or acting capacity.
SECTION 2. (1) The Commission on Audit
shall have the power, authority, and duty to
examine, audit, and settle all accounts
pertaining to the revenue and receipts of,
and expenditures or uses of funds and
property, owned or held in trust by, or
pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities,
including government-owned or controlled
corporations with original charters, and on a
post-audit basis: (a) constitutional bodies,
commissions and offices that have been
granted
fiscal
autonomy
under
this
36
communication or information, all grants,

special privileges, or concessions granted by
the Government or any subdivision, agency,
or instrumentality thereof, including any
government-owned or controlled corporation
or its subsidiary. Such supervision or
regulation shall aim to ensure equal
opportunity, time, and space, and the right
to reply, including reasonable, equal rates
therefor, for public information campaigns
and forums among candidates in connection
with the objective of holding free, orderly,
honest, peaceful, and credible elections.
SECTION 5. No pardon, amnesty, parole, or
suspension of sentence for violation of
election laws, rules, and regulations shall be
granted by the President without the
favorable
recommendation
of
the
Commission.
SECTION 6. A free and open party system
shall be allowed to evolve according to the
free choice of the people, subject to the
provisions of this Article.
SECTION 7. No votes cast in favor of a
political party, organization, or coalition shall
be valid, except for those registered under
the party-list system as provided in this
Constitution.
SECTION 8. Political parties, or organizations
or coalitions registered under the party-list
system, shall not be represented in the
voters registration boards, boards of election
inspectors, boards of canvassers, or other
similar bodies. However, they shall be
entitled to appoint poll watchers in
accordance with law.
SECTION 9. Unless otherwise fixed by the
Commission in special cases, the election
period shall commence ninety days before
the day of the election and shall end thirty
days after.
SECTION 10. Bona fide candidates for any
public office shall be free from any form of
harassment and discrimination.
SECTION 11. Funds certified by the
Commission as necessary to defray the
accounting
and
auditing
rules
and
regulations,
including
those
for
the
prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or
unconscionable expenditures, or uses of
government funds and properties.
SECTION 3. No law shall be passed
exempting any entity of the Government or
its subsidiary in any guise whatever, or any
investment of public funds, from the
jurisdiction of the Commission on Audit.
SECTION 4. The Commission shall submit to
the President and the Congress, within the
time fixed by law, an annual report covering
the financial condition and operation of the
Government, its subdivisions, agencies, and
instrumentalities,
including
governmentowned or controlled corporations, and nongovernmental entities subject to its audit,
and recommend measures necessary to
improve their effectiveness and efficiency. It
shall submit such other reports as may be
required by law.
37
Constitution; (b) autonomous state colleges

and universities; (c) other governmentowned or controlled corporations and their
subsidiaries; and (d) such non-governmental
entities receiving subsidy or equity, directly
or
indirectly,
from
or
through
the
Government, which are required by law or
the granting institution to submit to such
audit as a condition of subsidy or equity.
However, where the internal control system
of the audited agencies is inadequate, the
Commission may adopt such measures,
including temporary or special pre-audit, as
are necessary and appropriate to correct the
deficiencies. It shall keep the general
accounts of the Government and, for such
period as may be provided by law, preserve
the vouchers and other supporting papers
pertaining thereto.
(2) The Commission shall have exclusive
authority, subject to the limitations in this
Article, to define the scope of its audit and
examination, establish the techniques and
methods required therefor, and promulgate

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B.

Constitutional Law 1 || 2016

the office of Ombudsman, Secretary or

The President is the ONLY one in the

The Court also considered the acts of

Taken all of these together, Pres. Estrada

*Written declaration of Cabinet to Congress

CLU v. Exec. Secretary (1991)

Constitutional Law 1 || 2016

The prohibition does not apply to executive

Framework of the presidents power:

COA directed all government agencies who

An AO was passed that directed the heads of

4. Use the Test of Arbitrariness Was

Hutchingson Port v. SBMA (2000)

The president gave an award to a person

The NEA implemented the salary increase in

The DENR Secretary directed the transfer of

Ruling: Valid. It is in the exercise of the

WON the DENR Secretary had the power to

3. General Supervision over local

Ruling: Yes. The act of the DENR Secretary is

Power to control is not applicable here if

2. Control of executive departments

B. Regular members of the Judicial

An AO was passed that directed the LGUs to

1. Heads of executive department- those

will be taking charge of the department even

Calderon v. Carale (1992)

PGMA issued appointments to respondents

3. Acting capacity- has the powers and

Matibag v. Benipayo (2002)

Pardon- extinction of both principal and

Removal power- GR: The President may

Amnesty- extinction of the crime as if there

Ratio of XPN: The presidents relationship

Commutation- lessening of the penalty

Larin was removed from service without just

crime, he cannot claim the benefits of

3. Charge with a new crime

Cristobal v. Labrador (1941)

Rios- Vidal v. COMELEC (2015)

A lawyer was granted pardon from the

Ruling: No. It is sufficient that the evidence

6. Commander-in-chiefVera v. People (1963)

Sanlakas v. Executive Secretary (2004)

2. Faithful execution clause or Take

Olaquier v. MC No. 4 (1987)

IBP v. Zamora (2000)

WON the RTC has jurisdiction over the cases

-public utilities are controlled by the

Ruling: The call out was valid. The call out

The country needs funds to generate

The president suspended the writ of habeas

Constantino v. Cuisa (2005)

Buy- back scheme

This mode pre-terminates debts. Constantino

Ruling: The writ is not the proper remedy. He

Constitutional Law 1 || 2016

B. International agreements- changes in

Nicolas v. Romulo (2009)

C. Executive agreements- these are

b. Preparation and submission of