Constitutional Law 1 within 48 hours from the proclamation of martial law or suspension of

writ of habeas corpus.

4. The Congress, voting jointly, by a vote of a simple majority of all its
Members may revoke such proclamation or suspension, which cannot
Executive Branch
be set aside by the President.
5. The Congress may extend the period as it may determine.
1.) Powers of the President
6. The Supreme Court may review. through a petition fled by any citizen,
M – ilitary Power
the sufficiency of the factual basis of the proclamation of martial law or
M – artial Power
suspension of habeas corpus, and must be promulgated within 30 days
D – iplomatic Power
from its filing.
A – ppointment Power
7. The suspension of the writ shall apply only to persons judicially
P – ardoning Power
charged for rebellion or offenses in connection with invasion.
B – orrowing Power
8. The state of martial law does not suspend the operation of the
B – udgetary Power
Constitution, nor supplant the functioning of the civil courts of
I – nforming Power
legislative assembly, nor authorize conferment of jurisdiction on
O – ther Powers
military courts and agencies over civilians where civil courts are able
to function.
 Military Power
9. Any person arrested or detained during the suspension of the writ shall
- The President shall be the Commander-in-Chief of all armed forces of
be judicially discharged within three days.
the Philippines and whenever it becomes necessary, he may call out
such armed forces to prevent or suppress lawless violence,
 Diplomatic Power
invasion or rebellion.
- The President has the power to:
(1) make treaties;
 Martial Power
(2) appoint ambassadors, other public ministers and consuls; and
- In case of invasion or rebellion, when the public safety requires it,
(3) receive ambassadors and other public ministers and consuls
he may, for a period not exceeding 60 days, suspend the
accredited to the Philippines.
privilege of the writ of habeas corpus or place the Philippines
- The President also has the power to ratify treaties subject to
or any part thereof under martial law.
concurrence by Senate.
o LIMITATIONS OF MILITARY POWER
 Appointing Power
1. Only called out to prevent or suppress lawless violence, invasion, or
- The President shall have the power to nominate the following: CODE:
rebellion.
HAO – OAA
2. The ground for suspension of the writ of habeas corpus is limited to
invasion or rebellion.
o Subject to confirmation by Commission on Appointments
3. The duration shall not exceed 60 days, unless extended by Congress
H – eads of the executive departments
and that the President shall submit a report in writing or in person
A – mbassadors. or other public ministers and consuls
O – fficers of the armed forces from the rank of colonel or naval captain

o Not subject to confirmation
O – ther officers whose appointments are vested in him by the
Constitution.
A – ll other officers of the government whose appointments provided by
law.
A – nyone whom he can appoint by authority of law.
o LIMITATIONS OF APPOINTING POWER
1. The appointee should possess the minimum requirements as
prescribed by law for the position.
2. In case of appointment made by Acting President, it shall
remain effective unless revoked by the elected President within
90 days from his assumption of office.
3. An outgoing President shall not make appointments except
temporary appointments to executive positions two months
prior the next presidential elections.
4. Congress may limit presidential power of appointment by
prescribing qualifications.
5. The judiciary may annul an appointment made by the
President if the appointee is not qualified or has not been
validly confirmed.
 Pardoning Power
o Pardon – is an act of grace given by those who have the power
and authority to execute laws, specifically the Chief Executive,
which exempts the individual from the punishment which the law
inflicts for a crime it has committed.
o Sec. 19, Art. VII provides that the Chief Executive shall have the
power to grant reprieves, commutations, and pardons, and remit
fines and forfeitures, after conviction by final judgment, and grant
amnesty with the concurrence of a majority of all the Members of
the Congress.
o LIMITATIONS OF PARDONING POWER
- It cannot be granted in cases of:
o impeachment;
o persons during the pendency of appeal;
o violation of election laws;
o Legislative contempt.
- It cannot be granted to absolve convict of civil liability.
- It cannot restore public office forfeited.
- It can only be granted after conviction by final judgment.
 Budgetary Power
- The President shall submit to Congress within 30 days from the
opening of every regular session, as the basis of the general
appropriations act, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures.(Sec.
22, Art. VII)
 Informing Power
- The President shall address the Congress at the opening of its regular
session. He may also appear before it at any other time. (Sec. 23, Art.
VII)
 Other Powers
o Veto Powers
o General supervision over local governments.
o May call Congress to a special session.
o Presidential Power of Control
o Ordinance Power
o Emergency Power
2.) Section 18, Article 7 of the 1987 Constitution (Military and Martial
Rule)
Military rule arises when there is a war between two or more countries.
Martial rule arises on account of an emergency resulting from invasion
or rebellion, when the public safety requires, for a period not exceeding
sixty (60) days, suspend the writ of habeas corpus or place the Philippines
or any part thereof under martial law and that the President shall submit
to Congress a report, in person or in writing. The Congress, voting jointly,
 upon a vote of simple majority, nay revoke such proclamation or Mindanao and that all the agents, alter egos, and assistants act within
suspension, and to which the Congress may extend the period as the President’s knowledge, there is a presumption of validity of the
determined by it. acts of all his agents, alter egos, and assistants unless disapproved,
reprobated by the Chief Executive.
3.) Treaty and Executive Agreement (Distinctions)
Treaty Executive Agreement
1. It is concluded by the 1. It is concluded by the
President with the President based on the 6.) Mechanics on the Appointment Power of the President. (Steps)
advice and consent of authority granted by
the Senate. Congress or the
1. The President makes the nomination.
Constitution.
2. International Agreement 2. It shall be submitted to the Commission on Appointments for
which: (1) Involve 2. International confirmation.
political issues of Agreements involving: 3. The corresponding commission is issued.
national policies; (2) (a) adjustment of 4. The appointee makes an acceptance of the appointment.
involve international details carrying out well
agreement of established national 7.) Old and New Meaning of Judicial Power
permanent character policies; (a)
 The old meaning of Judicial Power
take the form of the arrangement of a more
treaty. or less temporary - The traditional concept of judicial power refers only to the authority to
nature take the form of settle controversies or disputes involving rights that are enforceable
3. In treaties, formal international and demandable before the courts of justice or the redress of wrongs
documents require agreements. for the violation of such rights.
ratification. The
3. . These become binding
through executive
action.  The new meaning of Judicial Power
- Judicial Power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and
4.) Qualifications of the President and Vice President enforceable, and to determine whether or not there has been a grave
a. natural-born citizen of the Philippines; abuse of discretion amounting to lack or excess of jurisdiction on the
b. registered voter; part of any branch or instrumentality of the Government.
c. able to read and write;
d. at least be forty years of age on the day of the election; Case: Manila Prince Hotel vs. GSIS
e. resident of the Philippine for at least 10 years immediately - the power, authority, and discretion “to determine whether or not grave
preceding such election. abuse of discretion amounting to lack or excess of jurisdiction” was
committed goes beyond the mere legality of a question act, or transaction,
5.) Doctrine of Qualified Political Agency whether it is committed, or entered into by the highest official of the land,
- because the Executive Branch of the Government is so broad that it or any official or branch of our Government.
covers the whole Philippine Archipelago from Luzon, Visayas, and
8.) Rules in case of Presidential Vacancy (Before, during, and in case
of inability)
 If the President-elect fails to qualify?
- The Vice-President elect shall act as President until the President-elect
have been chosen and qualified. (2nd Par. Sec. 7, Art. VII)
 If no President was chosen?
- The Vice-President elect shall act as President until the President shall
have been chosen and qualified. (3rd Par. Sec. 7, Art. VII)
- The Vice-President shall discharged the powers and duties of the
President as Acting President.
 If majority members of all members of the Cabinet transmit to
the Senate President and House Speaker a written declaration
of the inability of the President to discharge powers and duties
of his office?
- The Vice-President shall immediately assume the powers and duties of
the office as Acting President.

 If President-elect dies before assuming office?

- The Vice-President shall become President. (4th Par. Sec. 7, Art. VII)  Can a President reassume the powers and duties of his office?
- Yes, if he transmit to the Senate President or the House Speaker his
 If President-elect was shot before assuming office? written declaration that no inability exist. (1st Par. Sec. 11, Art. VII)
- In case of death, the Vice-President shall become President. (4th Par.
Sec. 7, Art. VII)
- If survived without suffering any disability, the President-elect shall
Judicial Branch
assume the Presidency.
1. Fiscal Autonomy of the Judiciary (Sec. 3, Art. VIII)
 If President-elect and Vice-President elect died before
- The Judiciary shall enjoy fiscal autonomy. Appropriations for the
assuming office?
Judiciary may not be reduced by the legislature below the amount
- The Senate President, or in case of his inability, the Speaker of the
appropriated for the previous year and, after approval, shall be
House of Representatives shall act as President until the President or
automatically and regularly released.
the Vice-President shall have been chosen and qualified.
2. Writ of Amparo
 If the President-elect, after assuming office for one day, dies
- It is a remedy available to any persons whose right to life, liberty, and
the day after?
property has been violated or threatened with violation by an unlawful
- The Vice-President shall become the President, to serve the unexpired
act or omission of a public official or employee or of a private
term.
individual or entity.

 If the President is sued for immorality two years in his term?

3. Writ of Habeas Data
- He remains the President, unless removed or impeach on the grounds
- It is a remedy available to any person whose right toe privacy in life,
stated in Sec. 2, Art. IX of the 1987 Constitution.
liberty or security is violated or threatened by an unlawful act of a
public official or employee engaged in the gathering, collecting, or
 If the President transmits to the Senate President and House
storing of data or information regarding the persons, family, house and
Speaker a written declaration of inability to discharge powers
correspondence of the aggrieved party.
and duties of his office?
 4. Writ of Kalikasan
- It is a legal remedy which provides for the protection of one’s right to 8. Inter-Departmental Courtesy
a balanced and healthful ecology in accord with rhythm and harmony - holding that each branch of the government is considered separate,
of nature as provided in Sec. 16, Art. III of the 1987 Constitution. co-equal, coordinate and supreme within its own sphere, under the
legal and political reality of one overreaching Constitution that governs
5. Writ of Continuing Mandamus one government and one nation for whose benefit all the three
- Under this principle, the court is permitted to retain jurisdiction after separate branches must act with unity.
judgment in order to ensure the successful implementation of the Case: Corona
ruling mandated under the court’s decision, and in order to do this
“the court may compel the submission of compliance reports from the 9. Purpose of the Judicial and Bar Council
respondent government agencies as well as avail of other means to - It shall have the principal function of recommending appointees to the
monitor compliance with its decision.” Judiciary. It may exercise such other functions and duties as the
Supreme Court may assign to it.
6. Doctrine of Judicial Privilege - It is intended to minimize, if not remove, the exercise of political
- That certain information contained in the records of cases before the influence in the appointment of judges and justices. In reality,
court are considered confidential and are exempt from disclosure. however, the influence of politicians is still being felt especially in the
7. Differences among Executive Privilege, Legislative Privilege, and appointment of judges and justices of lower courts.
Judicial Privilege 10. Qualifications of the Supreme Court Justices
a. natural-born citizen;
JUDICIAL EXECUTIVE LEGISLATIVE b. at least 40 years of age;
PRIVILEGE PRIVILEGE PRIVILEGE c. have been for 15 years or more a judge of a lower court or
- That certain - The right of the - In all offenses engages in the practice of law in the Philippines; and
information President and punishable by not d. a person of proven competence, integrity, probity, and
contained in the high-level more than six years
independence.
records of cases officials of the of imprisonment, a
before the court executive branch Senator or member
are considered to withhold of the House of
confidential and information from Representative shall Constitutional Commissions (ARTICLE IX-A)
are exempt from Congress, the be privileged from
disclosure. courts, and the arrest while 1. The three constitutional commissions (Sec. 1)
public. Congress is in
session and neither a. Civil Service Commission;
be questioned nor be b. Commission on Election; and
held liable in any c. Commission on Audit.
other place for any
speech or debate in
Congress or in any
Committee thereof.
2. Fiscal Autonomy (Sec. 5)
- The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.

3. Staggered Terms
- Every two years, the term of one Commissioner expires leaving behind
two experienced Commissioners. If a vacancy occurs, the
commissioner so appointed to fill up the vacancy shall serve only for
the unexpired term of the predecessor.

 Can a person without civil service eligibility be appointed?

- Yes, if there is no civil service eligible and it becomes necessary in the
public interest to fill a vacancy subject to the following conditions:

(a) The temporary appointment shall not exceed 12 months;

(b) The appointee may be replaced sooner if a qualified civil service
eligible becomes available; and
(c) The said temporary appointment may be withdrawn or
discontinued, with or without cause by the appointing power.