LEGISLATIVE DEPARTMENT (POWERS) “Section 24.
All appropriation, revenue or tariff bills, bills
A. GENERAL PLENARY POWERS
“Section 1.  The legislative power shall be vested in the
Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to the
extent reserved to the people by the provision on initiative
and referendum”
LEGISLATIVE POWERS
- the power propose, enact, amend and repeal laws
- vested in Congress; yet shared to the people by means
of initiative and referendum
INITIATIVE AND REFERENDUM
- Signed by at least ten percentum of total registered
voters; of which a legislative district should be
represented by 3 percentum of registered voters thereof.
B. LEGISLATIVE MILL
(refer to Procedure of the Passage of Bills Section of
the Requirements of Bills)
C. AS TO REQUIREMENTS OF BILLS
SUBJECT AND TITLE
“Section 26. (1) Every bill passed by the Congress shall
embrace only one subject which shall be expressed in
the title thereof.”
- the title expresses the subject of the bill.
- this is such so as to prevent logrolling or the possibility
of smuggling in of “riders” in a bill.
RIDERS – items that are unrelated to the bill
itself.
- this is to prevent fraud; and to give
due process to the legislators.
TITLE
- Need not be an index of the content of the bill
- Must not be so uncertain that the average person
reading it would not be informed of the purpose of the
enactment.
- The title is controlling over the text
- Should not be construed in other ways that that which
is provided on its ordinary meaning.
- appropriations bill is passed by the Congress.”
- inform public, prevent fraud, riders
- subject expressed in title, inform, due
process for legislators themselves
AS TO SPECIFIC LAWS
“Section 22. The President shall submit to the
Congress, within thirty days from the 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.”
authorizing increase of the public debt, bills of local
application, and private bills, shall originate exclusively
in the House of Representatives, but the Senate may
propose or concur with amendments.”
“Section 25.
1. The Congress may not increase the
appropriations recommended by the President for the
operation of the Government as specified in the budget.
The form, content, and manner of preparation of
the budget shall be prescribed by law.
2. No provision or enactment shall be embraced in
the general appropriations bill unless it relates
specifically to some particular appropriation therein. Any
such provision or enactment shall be limited in its
operation to the appropriation to which it relates.
3. The procedure in approving appropriations for the
Congress shall strictly follow the procedure for
approving appropriations for other departments
and agencies.
4. A special appropriations bill shall specify the
purpose for which it is intended, and shall be supported
by funds actually available as certified by the National
Treasurer, or to be raised by a corresponding revenue
proposal therein.
5. No law shall be passed authorizing any transfer
of appropriations; however, the President, the
President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme
Court, and the heads of Constitutional Commissions
may, by law, be authorized to augment any item in
the general appropriations law for their respective
offices from savings in other items of their
respective appropriations.
6. Discretionary funds appropriated for particular
officials shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law.
7. If, by the end of any fiscal year, the Congress
shall have failed to pass the general appropriations bill
for the ensuing fiscal year, the general appropriations law
for the preceding fiscal year shall be deemed re-enacted
and shall remain in force and effect until the general
- The President is vested with the duty to submit to
Congress a budget of expenditures; in turn Congress
allocates the specific budget into the specific projects
and laws to which the general public can benefit from.
- Appropriation bills are said to have to originate from
the House of Representatives since their affinity to the
general public is greater as compared to other official
capacity in the government.
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
 ** the appropriation bill should be in
accordance to the budget set by the
President.
- The Senate, however, may propose or concur
with the bill passed by the House of Reps.; such
proposals or concurrence, may even result to a
new bill made by Senate.
- such occurrence is valid only when the a
House bill has already passed third reading and
had already been received by the Senate. This
event then may trigger the deliberation of the
Senate Bill which basically originated from the
House of Representatives.1
- Bills that should originate from the House of
Representatives are the following:
An appropriation bill is one the primary and specific
purpose of w/c is to authorize the release of funds from
the public treasury.
A revenue bill is one that levies taxes and raises funds
for the govt, while a tariff bill specifies the rates or
duties to be imposed on imported articles.
A bill increasing the public debt is illustrated by one
floating bonds for public subscription redeemable after a
certain period.
A bill of local application is one involving purely local
or municipal matters, like a charter of a city.
Private bills are illustrated by a bill granting honorary
citizenship to a distinguished
foreigner.
The Congress cannot increase , but only decrease the
appropriations; this may be possible through:
1.) President’s discretion on allocating budget on Pork
Barrel.
2.) Congress can, itself, decrease the budget.
“Article VI, Section 29. No money shall be paid out of
the Treasury except in pursuance of an appropriation
made by law.”
- In the case of Guingona vs. Carague, there was a
question to whether the automatic appropriation service,
which was promulgated before the 1987 Constitution,
was already indeed unconstitutional
-The Court’s contention was that by virtue of Sec 3 of
Article XVIII, the law passed to make the automatic
appropriations possible may still be in effect since it has
not been amended, repealed or altered, and it is not
inconsistent with the present Constitution.
“Section 3.  All existing laws, decrees, executive orders,
proclamations, letters of instructions, and other executive
issuances not inconsistent with this Constitution
1
G.R. No. 115455, Tolentino vs. Secretary of Finance, October 30,
1995.
shall remain operative until amended, repealed, or
revoked.”
- Laws are construed in a way that they are expressly
limited to certain matters, they may not, by
interpretation or construction, be extended to other
matters.
PROCEDURE FOR PASSAGE OF BILLS
“Article VI. Section 26.
(2). No bill passed by either House shall become a law
unless it has passed [three readings] on [separate
days], and [printed copies thereof in its final form
have been distributed to its Members three days
before its passage], except when the President certifies
to the necessity of its immediate enactment to meet a
public calamity or emergency. Upon the last reading of
a bill, no amendment thereto shall be allowed, and the
vote thereon shall be taken immediately thereafter, and
the yeas and nays entered in the Journal.”
PREPARATION OF THE BILL
The Member or the Bill Drafting Division of the
Reference and Research Bureau prepares and drafts the
bill upon the Member's request.
FIRST READING
1. The bill is filed with the Bills and Index Service
and the same is numbered and reproduced.
2. Three days after its filing, the same is included
in the Order of Business for First Reading.
3. On First Reading, the Secretary General reads
the title and number of the bill. The Speaker refers
the bill to the appropriate Committee/s.
COMMITTEE CONSIDERATION/ACTION
1. The Committee where the bill was referred to
evaluates it to determine the necessity of conducting
public hearings. 
If the Committee finds it necessary to conduct public
hearings, it schedules the time thereof, issues public
notics and invites resource persons from the public
and private sectors, the academe and experts on the
proposed legislation. 
If the Committee finds that no public hearing is not
needed, it schedules the bill for Committee
discussion/s.
2. Based on the result of the public hearings or
Committee discussions, the Committee may
introduce amendments, consolidate bills on the
same subject matter, or propose a subsitute bill. It
then prepares the corresponding committee report.
3. The Committee approves the Committee Report
and formally transmits the same to the Plenary
Affairs Bureau.
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
SECOND READING
2. The conferees are not limited to reconciling the
1. The Committee Report is registered and differences in the bill but may introduce new
numbered by the Bills and Index Service. It is provisions germane to the subject matter or may
included in the Order of Business and referred to the report out an entirely new bill on the subject.
Committee on Rules.
3. The Conference Committee prepares a report to
2. The Committee on Rules schedules the be signed by all the conferees and the Chairman.
bill for consideration on Second Reading.
4. The Conference Committee Report is submitted
3. On Second Reading, the Secretary for consideration/approval of both Houses. No
General reads the number, title and text of the bill amendment is allowed.
and the following takes place:
TRANSMITTAL OF THE BILL TO THE PRESIDENT
a. Period of Sponsorship and
Debate Copies of the bill, signed by the Senate President
b. Period of Amendments and the Speaker of the House of Representatives and
c. Voting which may be by: certified by both the Secretary of the Senate and the
1. viva voce Secretary General of the House, are transmitted to the
2. count by tellers President.
3. division of the
House; or PRESIDENTIAL ACTION ON THE BILL
4. nominal voting
1. If the bill is approved the President, the same is
THIRD READING assigned an RA number and transmitted to the
House where it originated.
1. The amendments, if any, are engrossed and
printed copies of the bill are reproduced for Third 2. If the bill is vetoed, the same, together with a
Reading. message citing the reason for the veto, is transmitted
to the House where the bill originated.
2. The engrossed bill is included in the Calendar of
Bills for Third Reading and copies of the same are ACTION ON APPROVED BILL
distributed to all the Members three days before its
Third Reading. The bill is reproduced and copies are sent to the
Official Gazette Office for publication and distribution to
3. On Third Reading, the Secretary General reads the implementing agencies. It is then included in the
only the number and title of the bill. annual compilation of Acts and Resolutions.

4. A roll call or nominal voting is called and a ACTION ON VETOED BILL

Member, if he desires, is given three minutes to
explain his vote. No amendment on the bill is
allowed at this stage.
a. The bill is approved by an affirmative
vote of a majority of the Members present.
b. If the bill is disapproved, the same is
transmitted to the Archives.
TRANSMITTAL OF THE APPROVED BILL TO THE
SENATE
The approved bill is transmitted to the Senate for its
concurrence.
The message is included in the Order of Business. If
the Congress decides to override the veto, the House and
the Senate shall proceed separately to reconsider the bill
or the vetoed items of the bill. If the bill or its vetoed
items is passed by a vote of two-thirds of the Members of
each House, such bill or items shall become a law.
**The President has the discretion of when the need of
immediate enactment is: THERE should be public
calamity or emergency.
- After the third reading of the Bill, it could still be
changed by the Bicameral Conference Committee. Not
allowing the Bicameral Conference Committee would be
depriving it of its duty as such Committee.

SENATE ACTION ON APPROVED BILL OF THE HOUSE
The bill undergoes the same legislative process in
the Senate.
CONFERENCE COMMITTEE
1. A Conference Committee is constituted and is
composed of Members from each House of Congress
to settle, reconcile or thresh out differences or
disagreements on any provision of the bill.
- Changes could be introduced to the Bill only if the
provisions of the House Bill and the Senate Bill are too
radical and too irreconcilable from each other.
- Readings done of a House Bill and Senate Bill could
commence simultaneously, except in instances where
the Bill to be made pertain to those that should
exclusively originate from the House of Representatives. 2
2
appropriation bills, bills increasing public debt, private bills,
revenue bill, tariff bill and local application
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011

- If the President does not sign the Bill within thirty days
of receipt, the Bill becomes a Law – Presidential Inaction.
This is allowed so as not to hamper the legislative
process which would result to having the Bill be
perpetually stuck in the President’s office.
- This is a way that the President may not infringe into
the prerogatives of the legislators having in mind that
legislators before passing the law for approval have
already discerned it to be studied thoroughly in
accordance with the laws promulgated for the general
public.
PRESIDENTIAL VETO
“Article VI. Section 27.
1. Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If
he approves the same he shall sign it; otherwise,
he shall veto it and return the same with his
objections to the House where it originated, which
shall enter the objections at large in its Journal
and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members
of such House shall agree to pass the bill, it
shall be sent, together with the objections,
to the other House by which it shall likewise
be reconsidered, and if approved by two-
thirds of all the Members of that House, it
shall become a law. In all such cases, the votes
of each House shall be determined by yeas or
nays, and the names of the Members voting for or
against shall be entered in its Journal. The
President shall communicate his veto of any bill
to the House where it originated within thirty
days after the date of receipt thereof, otherwise,
it shall become a law as if he had signed it.
2. The President shall have the power to veto any
particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not
affect the item or items to which he does not
object”
“two-thirds of all the Members of such House shall agree
to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise
be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law”
- This is the remedy of Congress to the veto of
the President. These votes shall override the veto
expressed by the President
- Article VI, Section 27, (2) pertains to ITEM VETO.
WHAT IS AN ITEM?
- Distinct and severable part of the Bill. The part of the
bill that indicates an allocation of amount and the
provisions under such allocation.
 AMOUNT + PROVISION RELATING TO THE ITEM
Example:
Appropriation of Php 1, 000, 000.00 for the improvement
of Aircraft Materials. From the Php 1, 000, 000.00, Php
300, 000.00 is allocated then for the purchase of the
Aircraft’s Windshield.
- Vetoing the appropriation of Php
1,000,000.00 without vetoing the allocation
of Php 300,000.00 for the Aircraft
Windshield is an invalid veto. Such cannot
be considered an ITEM VETO; but an invalid
GENERAL VETO.
- Vetoing Php 300,000.00 for the Aircraft,
without having to veto the appropriation of
Php 1,000,000 for the Improvement of
Aircraft Materials is a valid ITEM VETO.
D. LIMITATIONS TO POWER OF LEGISLATION
EXPRESS LIMITATIONS
1. Bill of Rights (Article III)
2. Appropriations Bills (Article VI, Section 26)
3. Taxation Laws (Article XIV, Section 4[3], Article
VI, Section 28 and 29)
4. Constitutional Appellate Jurisdiction of the
Supreme Court (Article VI, Section 30)
5. Grant of Royalty (Article VI, Section 31)
IMPLIED LIMITATIONS
Non-delegation of Legislative Powers
- As a general rule, legislative powers cannot be
delegated, what can be delegated is the
execution of the laws under acceptable standards
limiting discretion of the executive. The Constitution,
however, provides certain specific exemptions.
- This is could be qualified by the Test of
Subordinate Legislation.
The tests of Subordinate Legislation:
- The Completeness Test
- Sufficiency of Standard Test
THE COMPLETENESS TEST
- A law itself is complete in all its details. Rules made by
a delegate is simply made to enforce that which is
already complete, exudes no delegation of legislative
power; but only an act of enforcement of the furtherance
of a law that already exists.
SUFFICIENCY OF STANDARD TEST
- standards in a statute guide government agencies to
promulgate rules, so rules pursuant to such standard is
not a piece of legislation, so there is no delegation of
legislative power.
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
Delegation to the President
- The President is vested by Congress to carry out a
declared national policy. He cannot delegate this on his
own. Taking in to consideration that he is but to “carry
out” such declaration means that emergency powers do
not inherently come from his office, but it is merely
delegated to him. (Article VI, Section 23)
-Congress may also authorize the President to fix taxes
so as to put limitations and restrictions on tariff rates,
import and export quotas, tonnage and wharfage dues.
(Article VI, Section 28)
Delegation to the People
- Such is exhibited in the possibility of Initiative and
Referendum
Delegation to LGUs
- Delegation follows the Doctrine of Subordinate
Legislation.
Prohibition on Passage Irrepealable Laws
-this is a prohibition since, if it were true that there may
be irrepealable laws, then there would be no future
generation of laws, as they as barred from passage
because of laws in the past that are deemed absolute
and cannot waiver from its letter and intent.
E. AIDS TO LEGISLATION
QUESTION HOUR
“Art. VI, Sec. 22. The heads of departments may upon
their own initiative with the consent of the President,
or upon the request of either House, as the rules of each
House shall provide, appear before and be heard by such
House on any matter pertaining to their departments.
Written questions shall be submitted to the
President of the Senate or the Speaker of the House
of Representatives at least three days before their
scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters
related thereto. When the security of the State or the
public interest so requires and the President so states in
writing, the appearance shall be conducted in executive
session”
The Question Hour occurs when there is a need to
question heads of matters pertaining to their
departments.
-The heads of department shall provide, appear before,
and be heard, by any house, on any matter pertaining to
their departments:
(i) upon their own initiative, with the consent of
the President; or
(ii) upon request of either house, as the rules of
that house shall provide.
- It is submitted that a member of the Cabinet may not
refuse to appear before the house. If he refuses a
summons, he can be cited for contempt.
- If the President forbids his appearance, still he must
appear if asked by Congress. Under 1935, it was an
excuse for the President to certify that the interest of
public security justifies the refusal; under 1987, the
remedy is an executive session not refusal to appear.
-When the security of the State or the public interest so
requires, and the President so states in writing, the
appearance shall be conducted in executive session.
**It must be noted then that the President
cannot disallow the appearance but can
only ask for a closed door session.
LEGISLATIVE INVESTIGATIONS
The Legislative Department is vested with the power of
inquiry categorizing such as an inherent power to
legislate. This has already been recognized by the courts
in the case of Arnault vs. Nazareno. The power of inquiry
is “essential and an appropriate auxiliary to the
legislative function”; such power is needed because the
legislature could not legislate well if not for information
acquired in legislative investigations. Requesting for
information has usually been found to be unavailing, or
if not, volunteered information has not always been
accurate or complete, thus, compulsion is deemed
necessary to obtain what is needed.
Although the aforementioned power is inherent in the
legislature, such is expressly stated in the 1987
Constitution as follows:
“Section 21.  The Senate or the House of
Representatives or any of its respective committees
may conduct inquiries in aid of legislation in accordance
with its duly published rules of procedure. The rights of
persons appearing in, or affected by, such inquiries shall
be respected.”
As emphasized above, legislative investigations
can be done by “the Senate or the House of
Representatives or any of its respective committees”.
“[D]uly published rules of procedure” should be those
rules that have been published by the current Congress;
as a new set of members get elected into office.
Publication of rules, whether there would be changes or
not, should occur thereafter.3
PURPOSE
The purpose of legislative inquiry may be a re-
examination of a law or the rights of the citizens’ vested
to them by the Constitution.4
3
G.R. No. 180643, Neri vs. Senate Committee on Accountability of
Public Officers and Investigations, September 4, 2008.
4
Section 1, Rules of Procedure Governing Inquiries in Aid of
Legislation.
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
In the assigned exercise, we believe that the legislative
inquiry done before the drafting of the Freedom of
Information Bill was due to a re-examination of the
social conditions of the provisions of the Constitution,
namely, Sec. 28 of Article II and Sec. 7 of Article III; full
public disclosure of transactions pertaining to public
interest and right to information, respectively.
MECHANICS
Legislative investigations are initiated by the
Senate or any of its committees, so long as the matter is
within its competence. As exemplified in cases such as,
Senate vs. Ermita and Standard Chartered Bank vs.
Senate Committee on Banks, some resolutions are made
by virtue of a privilege speech that urges for such
legislative investigation. Privilege Speeches, however, do
not always assail legislative investigations; this is
exhibited in the case of Bengzon vs. Senate Blue Ribbon
Committee. The privilege speech done prior to the latter
case did not urge any legislative investigation; instead it
merely called upon the Senate to look into possible
violations of Section 5, Republic Act No. 3019 5.
In informing persons called upon to be resource
speakers and witness, invitations are furnished.
Invitations contain the following: (1) the name of the
person being called upon, (2) the possible needed statute
which prompted the need for the inquiry, (3) the usual
indication of the subject inquiry and (4) the questions
relative to and in furtherance of the investigation.6 The
invitations are in such format because people who are
called upon to appear before the hearing should be
adequately informed about the matter that are to be
covered by the inquiry; giving them a chance to prepare
the pertinent information and documents.7
Individuals who may be compelled to appear in
legislative investigations can be classified into two
personalities: (1) military officers/members of the
executive body and (2) ordinary citizens (private
persons); those exempted from appearing are the
President and incumbent Justices of the Supreme Court.
Military Officers/Member of the Executive:
In the exercise assigned, we opted to focus on the case
where a military officer is called upon to appear in the
investigation; similarly, this was deduced from the case
of Gudani vs. Senga.
When military officers who are invited to an investigation
do not appear in the same, due to the President’s refusal
for them to do so, they could not be compelled to attend
such investigation by virtue of a subpoenae ad
testificandum, no matter how weighty the information
sought may be. The remedy of the legislative in this
circumstance would be to seek judicial relief.
5
G.R. No. 167173, Standard Chartered Bank vs. Senate
Committees on Banks, December 27, 2007.
6 11
G.R. No. 89914, Bengzon vs. Senate Blue Ribbon Committee,
November 20, 1995.
7
G.R. No. 180643
To elucidate: since the President is the Commander-in-
chief, by virtue of the Constitution, of military officers in
the situation being discussed, they have the duty to
succumb to the mandate of their superior. 8 The
Congress may not interfere with the President’s power as
commander-in-chief; similarly, the President cannot, as
well, interfere with the right of Congress to conduct
legislative inquiries. If it happens that both branches
could not reach an agreement of such dispute, the only
constitutional recourse is to the courts, as the final
arbiter of the said dispute.9
Ordinary Citizens (Private Persons):
If they are found to have not attended the investigation
they were invited to, they are served a subpoenae ad
testificandum so as to compel them to join the next
scheduled hearing for the same subject of inquiry.
Furthermore, if they still do not attend they can be held
in contempt.
Power to Contempt
In several cases brought to the Supreme Court,
the contempt power of the legislative department has
been assailed to be invalid; that such power is not to be
exercised by the legislative since in it is a power that is
judicial in nature. However, the Court upholds the
power of the legislatives power of contempt stating that:
“While the Constitution does not expressly vest Congress
with the power to punish non-members for legislative
contempt, the power has nevertheless been invoked
by the legislative body as a means of preserving its
authority and dignity”10
The abovementioned statement emphasizes that
the power to punish contempt is based on the principle
of self-preservation of the branches of the government;
and the court states further that:
“ xxx how could the authority and power become
complete if for every act of refusal, every act of defiance,
every act of contumacy against it, the legislative body
must resort to the judicial department for the appropriate
remedy, because it is impotent by itself to punish or deal
therewith, with affronts committed against its authority or
dignity xxx”11
To hold persons in contempt in a legislative
investigation, a vote of a majority of the members of
Senate or Committee holding the investigation is needed
to punish for contempt “any witness before it who
disobeys any order of the Committee or refuses to be
sworn or to testify or to answer a proper question by the
Committee xxx”12 In addition to that, when a person is
held in contempt, he can be detained indefinitely so long
8
Section 18, Article VII, 1987 Constitution
9
G.R. No. 170165, Gudani vs. Senga, August 15, 2006
10
G.R. No. L-3820 – Arnault vs. Nazareno, July 18, 1950
G.R. No. L-6749, Arnault v. Balagtas, July 30, 1955
12
Section 18, Rules of Procedure Governing Inquiries in Aid of
Legislation.
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
as his punishment is in congruence with his right to due
process. This is so because the Senate, as a continuing
body, does not cease upon periodical dissolution of the
Congress or of the House Representatives during election
of the members of the same; there is no limit as to time
to the Senate’s power to punish for contempt.13
Inasmuch as the contempt power is inherent in
the legislative branch of the government, it cannot be
delegated to local legislative bodies. They cannot
claim to possess it since the contempt power attaches
itself to the legislative branch not because of legislative
functions per se, but because of the character of the
legislative branch in being one of the three independent
and coordinate branch of the government.14
In holding legislative investigations, the rule is
that persons who are called to appear in the same are
given the benefit of the rights granted to them by the
Constitution. As to the right of self-incrimination, this
could only be properly invoked in cases where the
person called to appear is subjected to a criminal
proceeding and when he is the accused in such
proceeding. Persons called in a legislative investigation,
however, remain only as witnesses or resource speakers
and are not subject to any punishment by virtue of
information they divulge in the investigation.
Legislative questions are limited to questions not
dealing with the following issues:
a. state secrets (regarding military, diplomatic
and other security matters)
b. identity of government informers
c. information related to pending investigations
d. presidential communications
e. deliberative process
** the preceding articles are covered by
Executive Priviedge.
Question Hour (Art. VI, Sec. 22) and Legislative
Investigation (id., Sec. 21)
a. As to persons who may appear:
22: Only a department head
21: Any person
b. As to who conducts the investigation
22: Entire body
21: Committees
c. As to subject-matter
22: Matters related to the department only
21: Any matter for the purpose of legislation.
F. OTHER POWERS OF THE LEGISLATIVE
(1) As Board Canvassers in Election for President
and Vice-President.(Article VII, Section 4)
13
G.R. No. L-3820
14
G.R. No. 72492, Negros Oriental II Electric Cooperative vs.
Sangguniang Panlunsod, Nov. 5, 1987
(2) Call Special Election for President and Vice-
President. (Article VII, Section 10)
(3) Revoke/Extend Suspension of privilege of writ of
habeas corpus, Declaration of Martial Law
(Article VII, Section 18)
[SUSPENSION OF THE PRIVILEGE]* OF [WRIT OF
HABEAS CORPUS]*
*Order to bring the body of the subject of the issue in
question
*The suspension pertains to the privilege and not of the
writ. The writ may be issued but, it may be
“disregarded”/suspended when the “body” to be brought
was detained in the first place by reason of a charge of
rebellion – and of none other than REBELLION or
offenses inherent in or directly connected with
INVASION.
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.”
(4) Approve Presidential Amnesties (Article VII,
Section 19)
- amnesties granted by the President should have the
concurrence of majority of Congress.
(5) Confirm certain appointments (Article VII, Section
9 and 16)
(6) Concur in treaties (Article VII, 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.”
(7) Declare war and delegate emergency powers
(Article VI, Section 23)
- The power vested in Congress is the power to declare
the existence of a war. Emergency powers, however,
are still with Congress, but it can be delegated to the
President.
(1) There must be a war or other emergency.
(2) The delegation must be for a limited period only.
(3) The delegation must be subject to such
restrictions as the Congress may prescribe.
(4) The emergency powers must be exercised to
carry out a national policy declared by the
Congress.
Power to declare war is vested in the President he being
the Commanded-in-Chief.
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
Power to declare the existence of a state of war is vested
in the Congress. Such declaration of the existence of war
is an acknowledgement of the President’s declaration of
war.
WHAT HAPPENS IF THE PRESIDENT DECLARES A
STATE OF EMERGENCY?
Nothing. It is just an acknowledgment of a
state/condition of emergency although it is a pre-board
for Congress to exercise its legislative power. There is
nothing so sacrosanct about it.
(8) Judge President’s fitness (Article Vii, Sec 11 [4])
(9) Power of Impeachment (Art XI)
– also known as Political Justice. Power of
impeachment is lodged in a political body, Congress.
WHO CAN BE IMPEACHED?
1.President
2.Vice- President
3.Justices of the Supreme Court (Not the Justices of the
Court of Appeals or the Judges of Court)
4.Members of the Constitutional Commission
5.Ombudsman (Not the Assistant Ombudsman)
* No law can be passes naming other persons who can
be impeached. The list is exclusive.
GROUNDS FOR IMPEACHMENT:
1.Culpable violation of the Constitution (Cannot be any
other violation. It must be culpable, wilful. It must be
something which was intended to be done.)
2.Treason
3.Bribery
4.Graft and Corruption
5.High Crimes
6.Betrayal of Public Trust (No exact definition. It can be
anything one can make it appear to be.)
* There can be more grounds for impeachment so long as
it falls within the betrayal of public trust.
PROCEDURE:
A. Initiation Stage
If initiated by less than 1/3 of the Members of the HoR:
1. Verified complaint filed with the HoR:
o Member of the HoR
o Citizen – can file a resolution for impeachment. It
can draft the Articles of Impeachment and have it
endorsed by a member of the HoR to adhere to the
Constitutional mandate that the AOI is initiated
by HoR.
House of Representatives – Exclusive power to initiate
an impeachment case (Articles of Impeachment[AOI])
2. Complaint included in the Order of Business within
10 session days upon receipt (to prohibit any delay).
3. Not later than 3 session days, including the
complaint in the order of Business, it must be
referred by the Speaker to the proper committee
(usually the Committee on Justice and Order).
4. Committee has 60 session days from receipt of
referral to conduct hearings (to see if there is a
probable cause), to vote by an absolute majority, and
to submit report and its resolution to the House.
5. Resolution shall be calendared for consideration and
general discussion by the House within 10 session
days from receipt.
6. After the discussion, vote is taken. A vote of 1/3 of all
Members of the House is needed to “affirm a
favourable resolution with the AOI of the Committee,
or to override its contrary resolution.
o 1/3 votes approving the AOI – sent to Senate for
trial.
If initiated by 1/3:
Verified complaint or resolution of impeachment is filed
by at least 1/3 of all the Member of the HoR, the same
constitutes the AOI, and trial by the Senate shall
proceed.
B. Trial Stage
1. AOI is forwarded to Senate for trial.
- Senate has the sole power to try and decide all cases
of impeachment.
2. Senators under oath or affirmation
3. President of the Senate presides over the
impeachment trial. But if the President of the
Philippines is on trial, the Chief Justice of the SC
shall be the presiding officer, but he shall not vote.
4. 2/3 vote of all the Members of Senate (16 senators) to
carry out a conviction. If less than 2/3, effect is
acquittal.
- Judgment of Senate is a political question and cannot
be reviewed by the Courts.
- If one of the Members of Senate is absent, the basis of
voting is still the 2/3 of ALL the members whether some
members are outside the coercive jurisdiction of
Congress.
----------------------------------------------------------------------
INITIATE means filing an impeachment complaint
and referring it to a proper committee.
Two impeachment complaints filed and taken up
altogether is equal to one impeachment complaint.
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011

But, if one impeachment complaint is filed and
referred one after another, then there are 2
impeachment cases which are taken up against one
person in a year. Such is unconstitutional.
EFFECTS OF SUCCESSFUL IMPEACHMENT
1. Removal
2. Disqualification to hold any office under the RP
** Resignation of the person being impeached
renders the case moot and academic only in the
aspect of removal. The effects of impeachment are
two-fold. Mere resignation should not render the
impeachment proceedings moot and academic.
There is a need to render judgment for the second
effect of impeachment.
(10) Power to amend the Constitution
-in such case the legislative exercises its Constituent
Powers. That is why Congress would need to assemble a
committee to better dispose of their functions of
amending the Constitution in a more tedious manner
than that of regular legislation.
EXECUTIVE DEPARTMENT (PRESIDENT)
A. QUALIFICATIONS, ELECTION, TERM OATH
“Article VII
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 Vice-President 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 re-
election. 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
successive 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 Vice-President shall be held on the second
Monday of May. xxx”
- The executive power is vested exclusively in the
President and no one else. The Department heads are
but alter-egos of the President, that is why the title
CHIEF EXECUTIVE exists. This is by virtue of the
Doctrine of Qulified Political Agency.
Doctrine of Qualified Political Agency. Executive
power is vested to just one person. The various
departments are considered adjuncts to the office of one
President and the Secretaries to be his alter-egos. So,
when they act, their actuations are not considered as
their own but that of the President. They are not given
their own personalities but rather, considered as
extensions of the personality of the President; unless
otherwise reprobated by him.
TERM
- 6 years, beginning at noon on the 30th day of June next
following the day of the election
** The President shall not be eligible for any re-election
* No person who has succeeded the President and who
has served for more than four years shall be qualified
to run again in the same office at any time. (As in the
case of GMA.)
B. PRIVILEDGE, SALARY
PRIVILEGE:
- Official residence
- Immunity from suit (Not enshrined in the Constitution
but is borne out of practice since time immemorial).
EXECUTIVE IMMUNITY
- This is to assure that the President may carry out his
functions without any hindrance or distraction. If the
President were to face all of the suits against him, then
it could foster distrust in the persona of the President.
Tendency of this occurrence would lead to disrespect
and disorder in the office of the President.
- May be invoked or waived only by the President and
not by any other person on his behalf. The exercise or
waiver of such privilege is dependent upon the
President’s prerogative and cannot be assumed or
imposed by other person.
Doctrine of Executive Immunity. The President, during
his incumbency/tenure, is immune from suit, but not
beyond. After the end of the President’s tenure/term, he
may be litigated for civil and criminal cases.
- If an impeachment proceeding is filed against the
President and before rendering final judgment or
conviction the President resigns, the resignation would
render the impeachment case moot and academic in the
aspect of removal. However, the criminal and civil
aspects may continue in ordinary courts.
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
- Immunity from civil damages covers only official acts.
- Cover even acts of the President outside the scope of
official duties. He will be protected from personal liability
for damages not only when he acts within his authority
but also when he is without authority, provided he
actually used discretion and judgement, that is, the
judicial faculty, in determining whether he had authority
to act or not.
- As to include not only the President but also other
persons, be they government officials or private
individuals, who acted upon orders of the President.
- Immunity from suit is not immunity from liability
- Non-sitting president is not immune from suit for
criminal acts committed during his incumbency.
- Executive immunity applied only during the
incumbency of a President. It could not be used to shield
a non-sitting President from prosecution for alleged
criminal acts done while sitting in office.
EXECUTIVE PRIVILEGE
It is the right of the President and high-level
executive branch officials to withhold information from
Congress, the courts and the public. It is a privilege of
confidentiality which applies to certain types of
information of a sensitive character that would be
against the public interest to disclose. Executive
privilege is based on the constitution because it relates
to the President’s effective discharge of executive powers.
Its ultimate end is to promote public interest and no
other.
But the privilege is not absolute. Any claim of
executive privilege must be weighed against other
interests recognized by the constitution, like (1) the state
policy of full public disclosure of all transactions
involving public interest, (2) the right of the people to
information on matters of public concern, (3) the
accountability of public officers, (4) the power of
legislative inquiry, and (3) the judicial power to secure
evidence in deciding cases.
TYPES OF EXECUTIVE PRIVILEGE
a. state secrets (regarding military, diplomatic and other
security matters)
b. identity of government informers
c. information related to pending investigations
d. presidential communications
e. deliberative process
WHEN EXECUTIVE PRIVILEGE IS RECOGNIZED
The claim of executive privilege is highly recognized in
cases where the subject of inquiry relates to a power
textually committed by the constitution to the President,
such as the commander-in-chief, appointing, pardoning,
and diplomatic powers of the President. Information
relating to these powers may enjoy greater confidentiality
than others.
KINDS OF EXECUTVE PRIVILEGE
- presidential communication privilege
- deliberative process privilege.
Presidential communications privilege
applies to decision-making of the President. It
pertains to “communications, documents or other
materials that reflect presidential decision-making and
deliberations and that the President believes should
remain confidential”.
Deliberative Process Privilege
applies to decision-making of executive officials. It
includes “advisory opinions, recommendations and
deliberations comprising part of a process by which
governmental decisions and policies are formulated.”
** Unlike the deliberative process privilege, the
presidential communications privilege applies to
documents in their entirety, and covers final and
post-decisional materials as well as pre-
deliberative ones.
- Presidential communications are “presumptively
privileged”. The presumption is based on the President’s
generalized interest in confidentiality. The privilege is
necessary to guarantee the candor of presidential
advisors and to provide the President and those who
assist him with freedom to explore alternatives in the
process of shaping policies and making decisions and to
do so in a way many would be unwilling to express
except privately.
- The presumption can be overcome only by mere
showing of public need by the branch seeking access
to presidential communications.
COVERED BY THE PRIVILEGE
Aside from the President, the presidential
communications privilege covers senior presidential
advisors or Malacanang staff who have “operational
proximity” to direct presidential decision-making.
Doctrine of Operation Proximity. The availability
of executive privilege is limited only to those who
stand in close proximity to the President, not only
by reason of their function, but also by reason of
their positions in the Executive’s organizational
structure.
ELEMENTS OF PRESIDENTIAL COMMUNICATION
PRIVILEGE
a. The protected communication must relate to a
“quintessential and non-delegable presidential power”.
b. The communication must be authored or “solicited
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
and received” by a close advisor of the President or the
President himself. The advisor must be in “operational
proximity” with the President.
c. The privilege is a qualified privilege that may be
overcome by a showing of adequate or compelling
need that would justify the limitation of the
privilege and that the information sought is
unavailable elsewhere by an appropriate
investigating agency.
- The privilege covers only those functions which form
the core of presidential authority. These are functions
which involve “quintessential and non-delegable
presidential powers” such as the powers of the
president as commander-in-chief (i.e., to call out the
armed forces to suppress violence, to declare martial
law, or to suspend the privilege of the writ of habeas
corpus), the power to appoint officials and remove
them, the power to grant pardons and reprieves, the
power to receive ambassadors, and the power to
negotiate treaties and to enter into execute
agreements.
IN THE CASE OF NERI v. SCAPOI
The communications elicited by the three questions are
covered by the presidential communications privilege
because:
a. First, the communications relate to the power of the
President to enter into an executive agreement with
other countries.
b. Second, the communications are received by Neri,
who as a Cabinet member can be considered a close
advisor of the President.
c. Third, the Senate Committees have not adequately
shown a compelling need for the answers to the three
questions in the enactment of a law and of the
unavailability of the information elsewhere by an
appropriate investigating authority.
PROPER INVOCATION OF EXECUTIVE PRIVILEGE
For the claim to be properly invoked, there must be a
formal claim by the President stating the “precise and
certain reason” for preserving confidentiality. The
grounds relied upon by Executive Secretary Ermita are
specific enough, since what is required is only that an
allegation be made “whether the information demanded
involves military or diplomatic secrets, closed-door
Cabinet meetings, etc.” The particular ground must only
be specified, and the following statement of grounds by
Executive Secretary Ermita satisfies the requirement:
“The context in which executive privilege is being
invoked is that the information sought to be disclosed
might impair our diplomatic as well as economic
relations with the People’s Republic of China.”
- Executive privilege is in derogation of the search for
truth. However, the decision recognized Presidential
communications as presumptively privileged. Hence, the
party seeking disclosure of the information has the
burden of overcoming the presumption in favor of the
confidentiality of Presidential communications.
- This presumption is inconsistent with the Court’s
earlier statement in Senate vs. Ermita (April 20, 2006)
that “the presumption inclines heavily against executive
secrecy and in favor of disclosure”. It is also inconsistent
with constitutional provisions on transparency in
governance and accountability of public officers, and the
right of the people to information on matters of public
concern.
FORMAL AND VALID CLAIM OF EXECUTIVE
PRIVILEGE:
1. There must be a formal claim of privilege, lodged by
the head of the department which has control over
the matter.
2. Must be in writing
3. There must be a specific designation and description
of the documents within its scope as well as precise
and certain reasons for preserving their
confidentiality
* The privilege belongs to the government and
must be asserted by it. It can neither be claimed
nor waived by a private party.
* Congress must not require the executive to
state the reasons for the claim with such
particularity as to compel disclosure of the
information which the privilege is meant to
protect.
C. PROHIBITIONS
PROHIBITIONS COVER THE:
- PRESIDENT
- OFFICIAL FAMILY
**Vice President, Members of the Cabinet and their
Deputies or Assistants.
- Holding any other office or employment during their
tenure in GSAI or GOCCS (whether in Government or
private sector)
- Directly or indirectly practice any other profession
- Participate in any business
- Be financially interested in any contract with, or in
any franchise or special privilege granted in GSAI or
GOCCS
- No additional/increase in compensation
IT WILL NOT BE ANY OTHER OFFICE IF:
- Required by law or Constitution by primary function
of their office. It is not considered as another office
but another duty to the same office. [ex-officio]
WHAT ARE THE INSTANCES WHEN THE
CONSTITUTION ALLOWS THE MEMBERS OF CABINET
TO HOLD OTHER OFFICES WITHOUT VIOLATING THE
CONSTITUTION?
1. President assuming a Cabinet post
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011

2. President as Chairman of NEDA
3. VP as Member of the Cabinet (i.e. DILG Secretary)
4. Secretary of Justice as an ex-officio member of the
Judicial and Bar Council
5. VP acting as President
POWERS AND FUNCTIONS OF THE PRESIDENT
A. EXECUTIVE POWER
– Is the sum total of all the specified powers in the
Constitution plus those unstated residual powers of
promoting the general welfare.
– It is not the power to defeat legislation but to enforce
the law. Executive power cannot be exercised to
defeat legislative enactments, like to repeal a law.
PRESIDENT HAS CONTROL OVER:
1. All the executive departments
2. Bureaus and offices
B. POWER OF CONTROL
- President has the power to substitute the judgment of
his own subordinate even if the judgment be the wisest,
most prudent decision. The President can substitute his
will over those of the secretaries and they cannot
complain, their departments being mere adjuncts of the
office of the President. (Object of the power: Judgment
and not the actor)
C. POWER OF GENERAL SUPERVISION OVER LGUs
- President has the power or authority to see to it that
the subordinate acts within the limits of the law. If
the subordinate committed something against the
bounds of the law, the President can sanction discipline
as he has certain disciplinary authority over local
officials. Such is part of his supervisory authority.
However, if the subordinate acts within its jurisdiction,
the President cannot in any way substitute his own
judgment for that of the subordinate. Supervision
does not include the overruling of the decision of the
subordinate.
D. POWER OF APPOINTMENT
THOSE THAT NEED CONFIRMATION FROM THE
COMMISSION ON APPOINTMENTS:
1. Heads of the Executive Departments
2. Ambassadors, other public ministers and consuls
3. Officers of the AFP from Colonel to Naval Captain
4. Other officers whose appointments are vested in the
President in the Constitution:
a. Chairman and the members of the
Constitutional Commissions
b. Regular members of the Judicial and Bar
Council
c. Sectoral Representatives
THOSE THAT NEED NO CONFIRMATION FROM THE
COMMISSION ON APPOINTMENTS/ APPOINTMENTS
SOLELY BY THE PRESIDENT:
1. All other officers otherwise not provided by law
Reason: In the absence of a person named by law
to appoint, since it is an executive function,
President will appoint. He is the default
appointing authority. If unconstitutional, the
President is also the default appointing authority
2. Those who, he may be authorized by law to appoint
WHAT ARE THE STEPS TO BE TAKEN IF IT IS THE
KIND OF APPOINTMENT THAT NEEDS CONFIRMATION
BY THE COMMISSION ON APPOINTMENTS?
1. CONGRESS IN SESSION – REGULAR
APPOINTMENT
Procedure:
a. President nominates
b. Confirmation by Commission on Appointment
c. Appointment proper
d. Acceptance by appointee
2. CONGRESS IN RECESS – AD INTERIM
APPOINTMENT
Procedure:
a. Appointment proper
b. Acceptance by appointee
c. Confirmation (when Congress resumes in
session)
E. PARDONING POWER
PARDON
- An act of grace granted by the President which
exempts the individual from the punishment the law
inflicts for the crime he has committed. It is a
remission of guilt, a forgiveness of the offense.
- Can be granted only upon final judgment of
conviction even if the one convicted has not served
sentence not even for one second.
- Pardoning power exists to check the harsh
application of the law. It is one aspect of checks and
balances.
- It is discretionary in character but may be subject to
challenge later on. It cannot be delegated because full
discretionary authority has been given to the Chief
Executive by the people. It is exercised by the
President alone and cannot be forced against him. So,
if for example you have a relative who you feel like
deserves a pardon, you cannot file a petition for
certiorari against the President. Moreover, when the
President exercises this power, one cannot file grave
abuse of discretion.
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
KINDS OF PARDON granted if one did not
1. Absolute/ Conditional appeal court’s decision.
 Absolute Pardon – extended without strings Offender is a free man Offender is not finally
attached. No conditions to be complied with. It and completely
doesn’t even need the consent of the pardonee. exonerated
(Dissent: But why can’t one refuse the President’s In absolute pardon, Restoration of the
kindness?) sentence and its effects probationer to his civil
 Conditional Pardon – one which the convict is including accessory rights takes place only
required to comply with certain requirement. It has penalties, are abolished. after his final discharge
to be accepted by the pardonee. after the period of his
probation.
2. Plenary/Partial
 Plenary Pardon – extinguishes all the penalties PAROLE – suspension of the sentence of a convict
imposed upon the offender including accessory
penalties. It relieves the offender of all the effects/ PARDON PAROLE
legal consequences of his conviction. Granted by the President Granted by the Board of
 Partial Pardon – Only imprisonment is taken out after final judgment of Pardons and Parole
but one may still suffer some penalties. conviction even before under the Indeterminate
service Sentence Law only after
IF A PARDONEE VIOLATES THE CONDITIONS OF A the convict has served
PARDON, TWO REMEDIES CAN BE RESORTED TO: the minimum term of his
sentence
1. Pardonee can be prosecuted for the violation on the Free man Not totally free because
terms of the pardon. Such needs a judicial although he is released
declaration of violation. from the custody of law,
he must submit to
2. President can order his immediate recommitment periodic exams by the
under the Revised Administrative Code. Own Board of Parole
determination of the President is sufficient and there
is no need for a separate finding.
AMNESTY
LIMITATIONS OF POWER TO PARDON
PARDON AMNESTY
1. Can be granted only after final judgment of conviction Granted after conviction Granted even before trial
2. Cannot be granted to those who have been (no need of trial) but
impeached (except in cases of impeachment) there’s got to be an
3. Cannot be granted if it involves an election offense acknowledgment of
unless if there is prior favorable recommendation guilt/ plea of guilty
from COMELEC. before amnesty can be
- No other limitations to pardoning power. granted
Granted for common Granted for political
PROBATION – disposition under which a defendant after crimes crimes
conviction and sentence is released subject to conditions Granted to individuals Granted to a group,
imposed by the court and to supervision of a probation class or community in
officer general
Looks forward and Looks backward and
PARDON PROBATION relieves the offender from abolishes and puts into
There must be a final judgment of conviction the consequences of an oblivion the offense itself
Convict must be exempted from service of sentence offense of which he has ; “Forgiveness and
Granted by the court been convicted; forgetfulness”; Offender
after investigation by a “Forgiveness but not stands clean in the eyes
probation officer only for forgetfulness”; Erases of the law as if he has
cases where the penalty the penalty but not the not committed a crime at
imposed does not exceed crime all
Granted by the President 6 years and 1 day, where Private act of the A public act of which the
the crime is not against President which must be courts take judicial
the security of the State, pleaded and proved by notice. Hailed to court
where there was no the person because the for the same crime to
previous conviction for courts do not take which you were granted
an offense punished by judicial notice of it amnesty.
arresto mayor, and Does not require the Requires concurrence
where there was no concurrence of Congress with a majority vote of all
previous availment of the members of
probation; Can only be Congress
Micha Chernobyl Lopez Malana || i-am-cybil © 2010
EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011
F. MILITARY POWERS

- The way the powers of the President are stated

reflects of the gravity of such powers.

- President may:

i. Call out AFP to prevent or suppress lawless

violence, invasion or rebellion
- Benign power not subject to so much
scrutiny.
- If there is no lawless violence, President may
call out precisely to prevent or suppress
lawless violence.
- Robbery, ransom… President can call out.

ii. Suspend the privilege of the writ of habeas

corpus
- Can only be suspended when there is
invasion or rebellion and when public safety
requires it.
- Invasion or rebellion must be actual and that
PUBLIC SAFETY REQUIRES IT. For even if
the invasion or rebellion is actual, if public
safety does not require it, President cannot
suspend privilege.
- Not exceed 60 days including martial law
-
iii. Proclaim martial law over the Philippines or
any part thereof.

Micha Chernobyl Lopez Malana || i-am-cybil © 2010

EH 408 MC || Constitutional Law I || Atty. Joan Largo
University of San Carlos – College of Law || AY 2010 - 2011