Consi 1 Reviewer

MIDTERMS REVIEWER
CONSTITUTIONAL LAW I
PROF. GWEN GRECIA-DE VERA

SPECIAL THANKS TO
C2017
Bianca Danica Villarama

for the logo and header design
Fr. Joaquin Bernas’

The 1987 Philippine Constitution: A Comprehensive Reviewer
&
The 1987 Constitution of the Republic of the Philippines: A Commentary
Justice Isagani Cruz’s

Philippine Political Law
Justice Antonio Nachura’s

Outline/Reviewer in Political Law
The Internet
Andrea Bernarte
Maria Yolanda Javellana
2

CONSTITUTENT POWER AND • Constitutional interpretation is inherently judicial; the main goal is
ascertaining intent
CONSTITUTIONAL INTERPRETATION • The interpretations of the Supreme Court form part of the
Constitution
• The Constitution of the Philippines is written, conventional, and • How to ascertain intent:
rigid. o Verba legis: give language its ordinary meaning
o Written – Embodied in one document or set of documents o Ratio legis: spirit of the provision (use ConComm records
o Conventional – Formally “struck off” at a definite time and when other guides fail)
place following a conscious effort taken by a constituent o Ut magis valeat quam pereat: the Constitution must be
body construed as a whole
o Rigid – Can only be amended through a formal and difficult • In case of doubt, provisions should be considered self-‐‑executing,
process mandatory, and prospective
§ Advantage: Not easily subject to change; Ensures
that change is dictated by legitimate needs of the POPULAR SOVEREIGNTY AND ITS COLLECTIVE
people POWERS
§ Disadvantage: Difficulty in revision prevents ability
to adjust to the need for change
THROUGH
• Essential parts of a good written Constitution POWER OF
CONSTITUENT ELECTORAL INITIATIVE
o Constitution of Liberty – Series of prescriptions setting forth RECALL
AND REFORM
the fundamental civil and political rights of the citizens and
Power to The People exercise The power of
imposing limitations on the powers of government as a
propose, representatives their power recall for loss of
means of securing the enjoyment of the government
revise, and create (to whom people directly confidence shall
o Constitution of Government – Series of provisions outlining
Constitutions delegate [Article VI Sec. 1, be exercised by
the organization of the government, enumerating its powers,
Power to amend sovereign power Sec. 32] the registered
laying down certain rules relative to its administration, and
is within the to) are chosen voters of a local
defining the electorate
inherent power of through electoral government unit
o Constitution of Sovereignty – Provisions pointing out the
the people as power to which the
mode or procedure in accordance with which formal
repository of local elective
changes in the fundamental law may be brought about
sovereign power official subject to

However, this is such recall
Q: Is the 1987 Constitution traditional or modern?
delegated to belongs. [LGU
A: Modern.
Congress Code Chapter 5,
Sec. 69]
3

AMENDING OR REVISION PROCESS Q: What is the difference between “constituent power” and “legislative
power”?
Art. XVII, Sec. 1 – Any amendment to, or revision of, this Constitution may be proposed by: A: Constituent power is the power to formulate, amend, or revise the
(1) The Congress, upon a vote of three-‐‑fourths of all its Members; or (2) A constitutional Constitution and ratify such proposal. Legislative power is the power to
convention. propose, enact, amend, and repeal ordinary laws or statutes.
Art. XVII, Sec. 2 – Amendments to this Constitution may likewise be directly proposed by the
people through initiative upon a petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be represented by at least three per Del Rosario v. COMELEC (1970)
centum of the registered voters therein. No amendment under this section shall be authorized
Del Rosario filed a petition against the National Treasurer and the Chairman and
within five years following the ratification of this Constitution nor oftener than once every five
members of the COMELEC with the intention of having R.A. No. 6132 calling for a
years thereafter. The Congress shall provide for the implementation of the exercise of this right.
Constitutional Convention be declared unconstitutional.

Doctrine: Art. XV, Sec. 1 authorizes Congress sitting as Constitutional
Q: What is the operative act in Art. XVII, Secs. 1 & 2?
Assembly to propose amendments or call for a convention. Such decisions
A: Proposals to amend and revise the Constitution
cannot be interfered by the Court (political question). Once ratified by the

Art. XVII, Sec. 3 – The Congress may, by a vote of two-‐‑thirds of all its Members, call a sovereign people, the new Constitution is considered valid.
constitutional convention, or by a majority vote of all its Members, submit to the electorate the Constitutional Provision: Art. XV, Sec. 1 (1935 Constitution)
question of calling such a convention.
Art. XVII, Sec. 4 – Any amendment to, or revision of, this Constitution under Section 1
hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be Lambino v. COMELEC (2006)
held not earlier than sixty days nor later than ninety days after the approval of such
Lambino collected 6.8 million signatures for a petition to "ʺamend"ʺ the 1987
amendment or revision.
Constitution through People'ʹs Initiative. Failed to show full text of the proposed
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days
changes and changes were not mere amendments but were revisions.
after the certification by the Commission on Elections of the sufficiency of the petition. Doctrine: Amendments are changes on certain provisions in the
Constitution that aim to improve only those specific parts. Revisions are
Q: Who has the power to ratify? changes that alter the basic principles of the Constitution such as changing
A: Only the people. the system of government, which in effect is an alteration on the principle of
separation of powers. Only amendments are allowed to be passed through
In General People'ʹs Initiative.
Note: The Constitutional Provision on People’s Initiative still requires an

implementing legislation. [Defensor Santiago v. COMELEC (1997)]
• Three ways to amend/revise the Constitution
o By Congress as a Constituent Assembly

o By a Constitutional Convention Q: Can we conduct People’s Initiative at present?
o By People’s Initiative (only for amendments) A: No. Defensor Santiago v. COMELEC must be overturned.
4

Proposals Gonzales v. COMELEC (1967)
Congress passed Resolution of Both Houses (RBH) No. 1, 2, 3 which proposed
By Congress as a Constituent Assembly amendment to increase seats from 120 to 180, call for a Convention having 2
• Exercise of limited constituent power delegates from each legislative district, and authorize membership of the seated
• Requires ¾ vote of members [Art. XVII, Sec.1 (1)] members of the house as delegates without forfeiting their seat.
• The House of Representatives and the Senate vote separately Doctrine: Congress MAY act as a Constituent Assembly in proposing
• Congress can still act as a legislative body amendments to the constitution AND AT THE SAME TIME, call for a
constitutional convention for the same purpose. In ratifying proposed

amendments to the constitution, the constitution provides that such
Mabanag v. Lopez Vito (1947)
ratification should be through AN ELECTION or more accurately A
Three senators and eight representatives who were suspended are contending the
PLEBISCITE as the court clarifies. Whether or not it is a special or regular
validity of two House resolutions that have been passed without them being counted
election is not relevant since such question hinges on the wisdom and not the
in the computation of the necessary ¾ votes.
legality if the action.
Doctrine: Political Question! If the ratification of an amendment is a political
Note: Gonzales v. COMELEC overturned Mabanag v. Lopez Vito on
question, a proposal which leads to ratification has to be a political question.
characterizing the issue as a political question.
Political questions are not within the province of the judiciary. The

procedures regarding suspension of members of the House and other House
By Constitutional Convention
proceedings are also political questions.

Note: Today, with the expanded judicial review power, political questions
• Exercise of plenary power
won’t stand a chance.
• Requires either 2/3 vote of Congress (voting separately) or the
approval of the people after a majority vote
Occena v. COMELEC (1981)
Petitioners prayed for the prohibition of the ratification of three Batasang Pambansa Tan v. Macapagal (1972)
resolutions. They alleged that the Interim Batasang Pambansa does not have the Tan assails the validity of a resolution which dealt with the range of authority of the
power to make amendments and, in fact, these were not mere amendments but were Constitutional Convention of 1971 which seeks to revise the Constitution by
actually revisions to the Constitution. adopting a different form of government.
Doctrine: 1973 Constitution provides that "ʺThe Interim Batasang Pambansa Doctrine: Only when a statute is enacted for the submission to the electorate
shall have the same powers xxx as the interim National Assembly and the of certain proposed amendments to the Constitution is it ripe for
regular National Assembly and the Members thereof."ʺ Whether the adjudication. Until then, the judiciary recognizes the power of the
Constitutional Convention will only propose amendments to the Constitutional Convention to make proposals without being bound to seek
Constitution or entirely overhaul the present Constitution is of no moment; advice on what to do and adheres to the rule of non-‐‑interference.
because the same will be submitted to the people for ratification.

5

By People’s Initiative Doctrine: The President, whenever deemed necessary (note that the
government was inoperative and under crisis), may propose amendments to
• Constitutional requirements (Art. XVII, Sec. 2) the Constitution. The President is not acting as a member of the Constituent
o 12% of total number of registered voters Assembly, but only assumes the power of the National Assembly.
o At least 3% in each legislative district Note: During a period of transition, amendments may be proposed by a
o Only one amendment every 5 years majority vote of all the members of the Interim National Assembly upon
• Only for amendments special call by the interim Prime Minister. The President has to act for and on
o Amendments – add, reduce, delete without altering the basic behalf of the people in times of danger.
principles
o Revision – alters a Constitution’s basic principles Q: What was the source of the President’s legislative power in Sanidad?
o Test whether amendment or revision A: Legislative power vested in the National Assembly.
§ Quantitative Test – number of affected provisions
§ Qualitative Test – examines if proposed changes Q: Does Sanidad stand today in vesting legislative powers to the President?
mean the basic governmental plan or fundamental A: No. The President can only have the same power if same factors existed as
framework is affected in Sanidad (inoperative government).
• Not self-‐‑executory; needs implementing legislation; RA 6735 still
insufficient Submission of Proposed Amendments
• Petition must be complete in its face
o People must author and sign the entire proposal • No piecemeal submission allowed
o Proposal must be embodied in a petition
Tolentino v. COMELEC (1971)
By the President during Emergency The Constitutional Convention of 1971 ordered COMELEC to hold a plebiscite to
amend Art. V Sec. 1 of the 1935 Constitution to reduce the voting age from 21 to 18.
• Presidential Decrees by Marcos had legal effect; some amended the Doctrine: Under Section 1, Article XV of the 1935 Constitution, there should
Constitution only be ONE "ʺelection"ʺ or plebiscite for the ratification of ALL the
• Not an addition to the three methods of amending and revising; only amendments the Convention may propose.
emergency powers due to a lack of a National Assembly. [Sanidad v. Constitutional Provision: Art. XV, Sec. 1 (1935 Constitution)
COMELEC (1976)] Note: There are NO PIECEMEAL AMENDMENTS. There can only be one
proposal where all amendments are stated in that proposal.
Sanidad v. COMELEC (1976)
Marcos, through PD 991, called a national plebiscite-‐‑referendum to propose

amendments to the Constitution. The congress during this time was inoperative; the
government was under a crisis.
6

Ratification Manila Prince Hotel v. GSIS (1997)
GSIS conducts a bidding for 30-‐‑51% of the shares of the Manila Hotel Corporation.
• Any amendment under Art. XVII, Sec. 2 shall be valid when ratified Manila Prince Hotel Corporation lost the bidding to a Malaysian firm.
by a majority of the votes cast in a plebiscite which shall not be held Doctrine: A self-‐‑executing provision is a mandatory, positive command
earlier than sixty days nor later than ninety days after the which is complete in itself and which needs no further guidelines or
certification by the COMELEC of the sufficiency of the petition implementing laws or rules for its enforcement.
• A referendum is a casual vote A constitutional provision can be said to be self-‐‑executing if:
• A plebiscite is a formal procedure; electoral exercise • the nature and extent of the right are conferred by the Constitution
• the liability imposed is fixed by the constitution itself
CONSTITUTIONAL INTERPRETATION • there is no language indicating that the subject is referred to
legislature for action

Constitutional Provision: Art. VIII, Sec. 10 Art. XII, Sec. 12 (2)
Nitafan v. Commissioner of Internal Revenue (1987)
Nitafan and 2 other judges wished to be exempt from income taxes following the Q: What is the consequence of the Manila Prince case?
Constitutional provision that the salary of the members of the judiciary should not be A: Provisions may be treated as self-‐‑executory akin to regular legislation.
decreased.
Doctrine: Framers of the 1987 Constitution had the clear intention (ratio legis
est anima legis) NOT to exempt the judiciary from paying their income taxes.

Constitutional Provision: Art. VIII, Sec. 10

Francisco, Jr. v. Nagmamalasakit na mga Manananggol ng mga

Manggagawang Pilipino, Inc. (2003)
Former President Estrada filed an impeachment complaint against CJ Davide and
seven AJs of the Supreme Court for "ʺculpable violation of the Constitution, betrayal
of public trust, and other high crimes,"ʺ grounded on the CJ'ʹs manner of disbursing
the Judiciary Development Fund (JDF). The complaint was said to be "ʺinsufficient in
substance."ʺ Four months after the first complaint, a second one was filed by Reps.
Teodoro and Fuentebella. Petitioner contends that the second complaint is

unconstitutional For violating Section 5 of Article XI of the Constitution
Doctrine: No impeachment proceedings shall be initiated against the same
official more than once in a period of one year
Constitutional Provision: Art. XI, Sec. 5

7

THREE DEPARTMENTS OF GOVERNMENT
Justiciable Questions

• “A purely justiciable question implies a given right, legally
Structure of the Philippine Government
demandable and enforcable, an act or omission violative of such
rights, and a remedy granted and sanctioned by law, for said breach
of right.” (Justice Makasiar in Casibang v. Aquino)
• Sanidad v. COMELEC (1976): If the controversy refers to the legality
or validity of the contested act

Political Questions
• If the matter falls under the discretion of another department or the
people themselves
• Sanidad v. COMELEC (1976): Associated with the wisdom, not the
legality of a particular act
• 1987 Constitution restricts scope of political question doctrine due to
the expanded definition of judicial power
o “…determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of
This type of structure of the government indicates the co-‐‑equal and any branch or instrumentality of the Government.”
coordinate nature of the branches. They are not considered
independent but interdependent of each other.

Q: Is there a hierarchy in the Legislature?
A: No. Both the Senate and House of Representatives are equals.

The Doctrine of Separation of Powers
• Prevents a concentration of authority in one department
o Legislature – Enact laws
o Executive – Enforce laws
o Judiciary – Apply laws
• Checks and Balances – one department is allowed to resist
encroachments upon its prerogatives or to rectify mistakes or
excesses committed by the other departments
8

THE LEGISLATIVE DEPARTMENT

Composition, Qualifications, and Term of Office

HOUSE OF REPRESENTATIVES SENATE

250 members unless otherwise fixed by law

Art. VI, Sec. 5 – The House of Representatives shall be composed of not
more than two hundred and fifty members, unless otherwise fixed by law,
who shall be elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in accordance with
the number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law, shall be elected
through a party-‐‑list system of registered national, regional, and sectoral
parties or organizations.
24 members
The party-‐‑list representatives shall constitute twenty per centum of the

Composition total number of representatives including those under the party list. For
Art. VI, Sec. 2 – The Senate shall be composed of twenty-‐‑four Senators who
three consecutive terms after the ratification of this Constitution, one-‐‑half
shall be elected at large by the qualified voters of the Philippines, as may be
of the seats allocated to party-‐‑list representatives shall be filled, as
provided by law.
provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other
sectors as may be provided by law, except the religious sector.
Each legislative district shall comprise, as far as practicable, contiguous,
compact, and adjacent territory. Each city with a population of at least
two hundred fifty thousand, or each province, shall have at least one
representative.
Within three years following the return of every census, the Congress
shall make a reapportionment of legislative districts based on the
standards provided in this section.
9

For District Representatives
R Natural-‐‑born citizen of the PH
R 25 yo on the day of election
R Able to read and write
R Registered voter in district where he shall be elected
R Resident of not less than one year prior to day of
election in district where he shall be elected
For Party-‐‑List Representatives
R Natural-‐‑born citizen of the PH
R Registered voter

R Resident of the PH for not less than one year prior
R Natural-‐‑born citizen of PH
to day of election
* Nominee of youth sector must be at least 25 but
R Registered voter
less than 30 yo
R Resident of PH for not less than two years prior to day of
election
Qualifications R Bona fide member of party or organization which he

seeks to represent at least 90 days prior to day of
Art. VI, Sec. 3 – No person shall be a Senator unless he is a natural-‐‑
election
born citizen of the Philippines and, on the day of the election, is at least

thirty-‐‑five years of age, able to read and write, a registered voter, and a
Art. VI, Sec. 6 – No person shall be a Member of the House of
resident of the Philippines for not less than two years immediately
Representatives unless he is a natural-‐‑born citizen of the
preceding the day of the election.
Philippines and, on the day of the election, is at least twenty-‐‑five
years of age, able to read and write, and, except the party-‐‑list
representatives, a registered voter in the district in which he shall
be elected, and a resident thereof for a period of not less than one
year immediately preceding the day of the election.
RA 7941, Sec. 9 – No person shall be nominated as party-‐‑list
representative unless he is a natural-‐‑born citizen of the
Philippines, a registered voter, a resident of the Philippines for a
period of not less than one (1)year immediately preceding the day
of the election, able to read and write, a bona fide member of the
party or organization which he seeks to represent for at least
10

ninety (90) days preceding the day of the election, and is at least
twenty-‐‑five (25) years of age on the day of the election.
In case of a nominee of the youth sector, he must at least be
twenty-‐‑five (25) but not more than thirty (30) years of age on the
day of the election. Any youth sectoral representative who attains
the age of thirty (30) during his term shall be allowed to continue
in office until the expiration of his term.

• 3 years
• 6 years
• Commence 12NN, June 30 after election
• Commences 12NN, June 30 after election
• Maximum of three consecutive terms
• Maximum of two consecutive terms

Art. VI, Sec. 7 – The Members of the House of Representatives
Art. VI, Sec. 4 – The term of office of the Senators shall be six years and
Term of Office shall be elected for a term of three years which shall begin, unless
shall commence, unless otherwise provided by law, at noon on the
otherwise provided by law, at noon on the thirtieth day of June
thirtieth day of June next following their election. No Senator shall
next following their election. No Member of the House of
serve for more than two consecutive terms. Voluntary renunciation of
Representatives shall serve for more than three consecutive terms.
the office for any length of time shall not be considered as an
Voluntary renunciation of the office for any length of time shall
interruption in the continuity of his service for the full term of which he
not be considered as an interruption in the continuity of his
was elected.
service for the full term for which he was elected.

Q: What is the difference between term and tenure?
A: Term is the period prescribed in the Constitution for the officer to hold office. Tenure is the period the officer actually holds office and may be shorter than the
term. [Dimaporo v. Mitra (1991)]
11
abolition, or substantial alteration of boundaries of a province, city,
Dimaporo v. Mitra (1991) municipality, or barangay. RA 9371 did not bring about any change in CDO'ʹs
Cong. Dimaporo was removed from the rolls of the lower house upon his filing of territory, population, and income classification. No plebiscite is required.
candidacy for ARMM Governor. BP 881 (Omnibus Election Code) was upheld. Constitutional Provision: Art. X, Sec. 10
When an elected official files for candidacy for another office, he effectively cuts short
his tenure, but the term of office prescribed in the Constitution remains the same. Aquino v. COMELEC (2010)
Doctrine: Term (prescribed by the Constitution) vs. tenure (period an officer RA 9716 created a new legislative district in Camarines Sur after the
actually holds office). Grounds for shortening tenure: 1) forfeiture of a seat reapportionment of the first and second districts. Petitioners assail the
by means of holding another; 2) expulsion as a disciplinary action; 3) constitutionality of the law and contend that the reapportionment does not comply
disqualification by the Electoral Tribunal; and 4) voluntary renunciation. with the standard minimum population of 250,000 for the creation of a legislative
These grounds are not exclusive; neither do they prevent the legislature from district.
prescribing other grounds. Doctrine: A clear distinction between a city and a province was explained in
Constitutional Provision: Art. VI, Sec. 7 the second sentence of Section 5(3) of Article VI of the Constitution. A
province is entitled to a representative without mention of a population
Apportionment and Reapportionment requirement, while in cities, 250,000 must be first satisfied.
Constitutional Provision: Art. VI, Sec. 5(3)
• Legislative Reapportionment: Determination of the number of
representatives, which a State, county or other subdivision may send Party-‐‑List Representatives
to a legislative body. It is the allocation of seats in a legislative body
in proportion to the population; the drawing of voting district lines • The Party-‐‑list System: registered parties or organizations submit a
so as to equalize population and voting power among the districts. list of candidates arranged in order of priority. The number of seats a
[Black’s Law Dictionary as cited in Bagabuyo v. COMELEC (2008)] party or organization will get depends on the number votes
• Reapportionment: realignment or change in legislative districts garnered nationwide
brought about by changes in population and mandated by the • Purpose: democratize political power by encouraging the growth of
constitutional requirement of equality of representation. [Bagabuyo v. a multi-‐‑party system while giving power to those who traditionally
COMELEC (2008)] do not win elections
• COMELEC determines which parties are qualified
Q: What is the difference between a legislative district and a local • RA 7941 (Party-‐‑List System Act): enabling law of Art. VI, Sec. 5 (2)
government unit?
A: A legislative district has no juridical personality, is only for ATONG PAGLAUM v. COMELEC (2013)
representational purposes, and does not require a plebiscite to change. A 52 parties were disqualified from participating in the May 2013 party-‐‑list election
local government unit has juridical capacity, discharges government due to the fact that most of their nominees were not marginalized and
functions, and requires a plebiscite to change. underrepresented.
Doctrine: Under the 1987 Constitution, the party-‐‑list system mandates the
Bagabuyo v. COMELEC (2011) reservation of one-‐‑half of the seats for groups belonging to sectoral parties
RA 9371 created two legislative districts in Cagayan de Oro. Petitioner assails the for the first three terms of Congress only which renders the party-‐‑list system
validity of the law, saying that the second district was created without a plebiscite open after the period stated. New provisions were created for the
which was required by the Constitution. qualification of parties that allowed national, regional and sectoral parties to
Doctrine: A plebiscite is needed when there is a creation, division, merger, participate.

Constitutional Provision: Art. VI, Sec. 5 by itself an independent sectoral party, and is linked to a political
party through a coalition.
BANAT v. COMELEC (2009) 4. Sectoral parties or organizations may either be “marginalized and
In this case, the Court determined the new procedure for party-‐‑list representation. underrepresented” or lacking in “well-‐‑defined political
Doctrine: Four inviolable parameters of party-‐‑list election: constituencies.” It is enough that their principal advocacy pertains to
1) 20% Allocation – Congressmen for party-‐‑lists shall not exceed 20% of the the special interest and concerns of their sector. The sectors that are
total seats in the House of Representatives. (Art. VI, Sec. 5 (2)) “marginalized and underrepresented” include labor, peasant,
2) 2% Threshold – Parties must have at least 2% of the total votes in order to fisherfolk, urban poor, indigenous cultural communities,
qualify. handicapped, veterans, and overseas
3) The 3-‐‑seat Limit – The maximum number of seats a qualified party can get 5. A majority of the members of sectoral parties or organizations that
regardless of total number of votes. The party can only have 1 qualifying seat represent the “marginalized and underrepresented” must belong to
and two additional seats. the “marginalized and underrepresented” sector they represent.
4) Proportional Representation – The additional seats of a part shall be Similarly, a majority of the members of sectoral parties or
computed “in proportion to their total number of votes”. organizations that lack “well-‐‑defined political constituencies” must
How to allot seats for the Party-‐‑List representatives: belong to the sector they represent. The nominees of sectoral parties
1st Round: Determine the total number of seats for the Party List. or organizations that represent the “marginalized and
2nd Round: 2% votes for a party list to qualify. underrepresented,” or that represent those who lack “well-‐‑defined
3rd Round: Fill out additional seats proportional to total votes. political constituencies,” either must belong to their respective
Constitutional Provision: Art. VI, Sec. 5(2) sectors, or must have a track record of advocacy for their respective
sectors. The nominees of national and regional parties or
PARTY-‐‑LIST SYSTEM CRITERIA [Atong Paglaum v. COMELEC (2013)] organizations must be bona-‐‑fide members of such parties or
1. Three different groups may participate in the party-‐‑list system: (1) organizations.
national parties or organizations, (2) regional parties or 6. National, regional, and sectoral parties or organizations shall not be
organizations, and (3) sectoral parties or organizations. disqualified if some of their nominees are disqualified, provided that
2. National parties or organizations and regional parties or they have at least one nominee who remains qualified.
organizations do not need to organize along sectoral lines and do not
need to represent any “marginalized and underrepresented” sector. Ang Ladlad LGBT Party v. COMELEC (2010)
3. Political parties can participate in party-‐‑list elections provided they Ang Ladlad'ʹs application for party accreditation with the COMELEC was denied on
register under the party-‐‑list system and do not field candidates in the grounds that (1) their interests neither reflect state interest nor benefit the nation
legislative district elections. A political party, whether major or not, as a whole; (2) there is no substantial differentiation between the rights of a man and
that fields candidates in legislative district elections can participate a woman; (3) it violates publicly accepted moral norms; (4) it violates the law of the
in party-‐‑list elections only through its sectoral wing that can land; and (5) it did not comply with the legal requirements for accreditation. The SC
separately register under the party-‐‑list system. The sectoral wing is ruled that the party-‐‑list should be granted party accreditation because (1) denying
13

them of such right violates the non-‐‑establishment clause and the equal protection • The delayed effect of the increase in salary is to place a “legal bar to
clause of the Constitution, as well as the petitioner'ʹs right of freedom of association the legislators’ yielding to natural temptation to increase their
and expression; (2) the alleged 'ʹgenerally accepted morals'ʹ condemning salaries”. [Philconsa v. Mathay (1966)]
homosexuality had not been convincingly transplanted into the realm of law; and (3)
the party-‐‑list sufficiently complied with the legal requirements for accreditation since Q: When can the Maintenance and Other Operating Expenses (MOOE) be
the enumeration of marginalized and underrepresented sectors is not exclusive, and used?
there was also no misrepresentation on the part of the party-‐‑list. A: Specified under Sec. 63 of the General Appropriations Act, the MOOE
Doctrine: The enumeration of marginalized and underrepresented sectors is may only be used for traveling, communication, repairs and maintenance,
not exclusive. Party-‐‑list representatives are not limited to those sectors transportation and delivery, supplies and materials, rents, utility, training
enumerated in the Constitution. and scholarship, extraordinary and miscellaneous, taxes insurance premium
Constitutional Provision: Art. VI, Sec. 5(2) and other fees, professional services, printing and binding, advertising,
representation, subscription, and membership duties and contribution.
Election
Art. XVIII, Sec 17 – Until the Congress provides otherwise, the President shall receive an
annual salary of three hundred thousand pesos; the Vice-‐‑President, the President of the Senate,
Regular Election the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two
hundred forty thousand pesos each; the Senators, the Members of the House of
Art. VI, Sec. 8 – Unless otherwise provided by law, the regular election of the Senators and the Representatives, the Associate Justices of the Supreme Court, and the Chairmen of
Members of the House of Representatives shall be held on the second Monday of May. the Constitutional Commissions, two hundred four thousand pesos each; and the
Members of the Constitutional Commissions, one hundred eighty thousand pesos each.
Special Election

Privileges
Art. VI, Sec. 9 – In case of vacancy in the Senate or in the House of Representatives, a special
election may be called to fill such vacancy in the manner prescribed by law, but the Senator
or Member of the House of Representatives thus elected shall serve only for the unexpired Art. VI, Sec. 11 – A Senator or Member of the House of Representatives shall, in all
term. offenses punishable by not more than six years imprisonment, be privileged from
• A special election is not mandatory because the matter is left to the arrest while the Congress is in session. No Member shall be questioned nor be held
discretion of the Congress liable in any other place for any speech or debate in the Congress or in any committee
thereof.
Salaries Art. 145 [RPC]–Violation of parliamentary immunity. — The penalty of prision mayor shall
be imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any
member of the National Assembly (Congress of the Philippines) from attending the meetings
Art. VI, Sec. 10– The salaries of Senators and Members of the House of Representatives shall
of the Assembly (Congress) or of any of its committees or subcommittees, constitutional
be determined by law. No increase in said compensation shall take effect until after the
commissions or committees or divisions thereof, from expressing his opinions or casting his
expiration of the full term of all the Members of the Senate and the House of Representatives
vote; and the penalty of prision correccional shall be imposed upon any public officer or
approving such increase.
14

employee who shall, while the Assembly (Congress) is in regular or special session, arrest or
search any member thereof, except in case such member has committed a crime punishable
People v. Jalosjos (2000)
under this Code by a penalty higher than prision mayor.
Romeo Jalosjos is a member of Congress while his conviction for statutory rape and
• The plain purpose of the immunity provided by the House rules is to
acts of lasciviousness is pending appeal. He filed a motion to be allowed to discharge
protect the freedom of action of its members and to relieve them
his congressional duties, which the Court refused on the grounds that congressional
from the fear of disciplinary action taken upon second thought, as a
privilege from arrest has always been granted restrictively, and allowing this creates
result of political convenience, vindictiveness, or pressures.[Osmeña
a privileged class in violation of equal protection under the law.
v. Pendatun (1960)]
Doctrine: Members of Congress cannot compel absent members to attend
Freedom from Arrest sessions if the reason for the absence is a legitimate one. The confinement of a
• Immunity covers both civil arrest and criminal offenses punishable Congressman charged with a crime punishable by imprisonment of more
by not more than six years imprisonment than six years is not merely authorized by law, it has constitutional
• Such immunity only applies while Congress is in session and not foundations.
when it is in recess Constitutional Provision: Art. VI, Sec. 11, Art. III, Sec. 1
o Session – the entire period from initial convening until final
adjournment Speech and Debate Clause

Martinez v. Morfe (1972) Q: What are covered under the privilege of speech?
In his Certificate of Candidacy, Festin stated that he was born on June 20, 1945 A: Utterances made in the performance of offial functions, such as speeches
when in truth he was born on June 20, 1946; Bautista gave and distributed free food, delivered, statements made, votes cast, as well as bills introduced and other
drinks, and cigarettes at two public meetings. Petitioners invoke the privilege of acts done in the performace of official duties. [Jimenez v. Cabangbang (1966)]
immunity from arrest and search. Both petitioners want their respective warrants be
quashed by virtue of parliamentary immunity they enjoy as delegates. Q: Where may a legislator be held liable?
Doctrine: Immunity from arrest does not cover any prosecution for treason, A: A legislator can still be liable in Congress should they choose to place
felony, and breach of the peace. Breach of the peace covers any offense disciplinary action on him. The rule is that he may not be questioned “in any
whether defined by the Revised Penal Code or any special statute. other place”, thus he is not protected from the disciplinary authority of
Constitutional Provision: Article VI of the Constitution, also Article 145 of Congress if his words and conduct are deemed disorderly or unbecoming of
the Revised Penal Code, R.A. No. 6132 a member thereof. [Osmeña v. Pendatun (1960)]

Jimenez v. Cabangbang (1966)
An open letter alleging the involvement of Jimenez et al in a “massive plan” of
DENR Sec. Vargas’ campaign for Presidency was published in open publication. The

author claims that the letter was within the scope of his privileges as a member of
Congress.
15

Doctrine: Privileged communication only applies when Congress is in Art. VI, Sec. 14 – No Senator or Member of the House of Representatives may personally
session and when done in performance of duty as member of Congress. appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-‐‑
judicial and other administrative bodies. Neither shall he, directly or indirectly, be
Constitutional Provision: Art. VI, Sec. 15
interested financially in any contract with, or in any franchise orspecial privilege granted

by the Government, or any subdivision, agency, or instrumentality thereof, including any
Pobre v. Defensor-‐‑Santiago (2009) government-‐‑owned or controlled corporation, or its subsidiary, during his term of office. He
In the Senate floor, Senator Miriam Defensor-‐‑Santiago made crude disrespectful shall not intervene in any matter before any office of the Government for his
remarks against the members of the Supreme Court. pecuniary benefit or where he may be called upon to act on account of his office.
Doctrine: The legislative department is privileged with the full liberty of
speech. However, the Senate can use its own rules and regulations to • Purpose: prevent legislator from exerting undue influence
penalize its members for misconduct.
Flores v. Drilon (1993)
Constitutional Provision: Art. VI, Sec. 11
Mayor Richard Gordon was appointed as Chairman and Chief Executive Officer of
the Subic Bay Metropolitan Authority (SBMA). The appointment was deemed
Disqualifications and Other Prohibitions unconstitutional.
Doctrine: No elective official shall be eligible for appointment or designation
Art. VI, Sec. 13 – No Senator or Member of the House of Representatives may hold any in any capacity to any public office or position during his tenure. He may be
other office or employment in the Government, or any subdivision, agency, or appointed if he forfeits the seat.
instrumentality thereof, including government-‐‑owned or controlled corporations or their Constitutional Provision: Art. IX-‐‑B, Sec. 7, Par. 1
subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any
office which may have been created or the emoluments thereof increased during the term for

which he was elected. Liban v. Gordon (2009)
Petitioners pray that Richard Gordon be declared as having forfeited his seat in the
• Incompatible Offices – May not hold any other office or employment Senate after accepting the Chairmanship of the PNRC Board of Governors.
in Government during his term without forfeiting his seat Petitioners allege that PNRC is a government office or a government owned or
• Forbidden Offices – Shall not be appointed to any office which have controlled corporation for the purposes of the prohibition. They are mistaken.
been created for the emoluments thereof increased during the term Doctrine: PNRC is neither a private organization, as it works as an auxiliary
fo which he was elected to the government, nor a public organization, as it needs to remain
• Purpose: prevent legislator from owing loyalty to another branch of autonomous to maintain neutrality. It is a private organization performing
government and diminish the doctrine of separation of powers public functions, therefore, its structure is sui generis, a class of its own.
• A legislator may hold another office in the government provided he Constitutional Provision: Art. VI, Sec. 13
forfeits his position in the Congress
o Cessation of tenure is automatic upon holding of another
office

16

Duty to Disclose • Current officers of Congress (as of August 2013):
o Senate President: Sen. Franklin Drilon
Art. VI, Sec. 12 – All Members of the Senate and the House of Representatives shall, upon o Senate President pro tempore: Sen. Ralph Recto
assumption of office, make a full disclosure of their financial and business interests. They o Senate Majority Floor Leader: Sen. Alan Peter Cayetano
shall notify the House concerned of a potential conflict of interest that may arise from the o Senate Minority Floor Leader: Sen. Juan Ponce Enrile
filing of a proposed legislation of which they are authors. o Speaker of the HoR: Cong. Feliciano Belmonte, Jr.
o Deputy Speakers of the HoR: Cong. Henedina Abad, Cong.
Art. VI, Sec. 20 – The records and books of accounts of the Congress shall be preserved and Giorgidi Aggabao, Cong. Seorgio Apostol, Cong. Pangalian
be open to the public in accordance with law, and such books shall be audited by the Balindong, Cong. Carlos Padilla, Cong. Roberto Puno
Commission on Audit which shall publish annually an itemized list of amounts paid to and
o HoR Majority Floor Leader: Cong. Neptali Gonzales II
expenses incurred for each Member.
o HoR Minority Floor Leader: Cong. Ronaldo Zamora

Art. XI, Sec. 17 – A public officer or employee shall, upon assumption of office and as often
thereafter as may be required by law, submit a declaration under oath of his assets, Santiago v. Guingona (1998)
liabilities, and net worth. In the case of the President, the Vice-‐‑President, the Members of Senate President Fernan recognized Sen. Guingona as the minority leader of the
the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other senate but Senators Santiago and Tatad filed a petition for quo warranto alleging
constitutional offices, and officers of the armed forces with general or flag rank, the declaration that Sen. Guingona had been usurping and unlawfully holding the position of senate
shall be disclosed to the public in the manner provided by law. minority leader.

Doctrine: The method of selecting officers of the House is prescribed by the
Internal Government of Congress Senate, not the Court.
Constitutional Provision: Art. VI, Sec. 16(1)
Election of Officers
Quorum
Art. VI, Sec. 16 (1) – The Senate shall elect its President and the House of Representatives, its
Speaker, by a majority vote of all its respective Members. Each House shall choose such other Art. VI, Sec. 16 (2) –A majority of each House shall constitute a quorum to do
officers as it may deem necessary. business, but a smaller number may adjourn from day to day and may compel the attendance
of absent Members in such manner, and under such penalties, as such House may provide.
• Aside from those stipulated, other officers usually chosen are the
Senate President pro tempore, Deputy Speakers, majority and
minority floor leaders, and chairmen of standing and special Avelino v. Cuenco (1949)
committees Senate President Avelino ignored Senator Tañada so that he can dodge his
o Method of selection would depend on the Senate or HoR impeachment complaint. Avelino, together with nine other Senators walked-‐‑out of
• The Senate President and Speaker of HoR do not have a fixed term the session hall. Only twelve Senators were left (one is hospitalized and one is in the
and may be replaced at any time with the concurrence of a majority USA) and continued the session. Cuenco was elected Senate President.
of all members of their respective chambers Doctrine: Majority of the house is different from majority of all the members
17

of the house. Majority of all the members of the house (base number is 24) – o The President’s call is not necessary when Congress:
13. Majority of the house (base number is 23 because the one abroad was not § Meets to canvass the presidential elections
considered— 12. § Calls for a special election when both the Presidency
Constitutional Provision: Art. VI, Sec. 16(2) and the Vice-‐‑Presidenct are vacated
§ Decides to exercise the power of impeachment
Rules of Proceeding, Power Over Members and Right to Sit, Discipline of
Members Q: When does Congress vote separately?
A: In choosing the President, determining the Presidents’ disability, in
Art. VI, Sec. 16 (3) – Each House may determine the rules of its proceedings, punish its cofirming the nomination of the Vice President, declaring the existence of a
Members for disorderly behavior, and, with the concurrence of two-‐‑thirds of all its Members, state of war, proposing constitutional amendments
suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty
days. Q: When doess Congress vote jointly?
• Rules of proceedings are under the exclusive discretion of each A: In revoking or extending the proclamation suspending the writ of habeas
House to formulate and interpret and may not be judicially reversed corpus or in placing the Philippines under martial law
unless it violates private rights
• What constitutes “disorderly behavior” is under each House’s Art. VI, Sec. 16 (5) – Neither House during the sessions of the Congress shall,
discretion and cannot be subject to judicial review without the consent of the other, adjourn for more than three days, nor to any other
• Disciplinary measures the Congress may resort to: suspension, place than that in which the two Houses shall be sitting.
expulsion, deletion of unparliamentary remarks from the record,
imprisonment, and censure Arroyo v. De Venecia (1997)
Arroyo says “What is that… Mr. Speaker?”, contests the contents of the enrolled bill
Sessions citing inconsistencies with the Journal of the House of Representatives. The bill was
already certified by the Senate President, Speaker of the House, and secretaries of
Art. VI, Sec. 15 – The Congress shall convene once every year on the fourth Monday of July
both houses and signed by President Ramos into law.
for its regular session, unless a different date is fixed by law, and shall continue to be in
session for such number of days as it may determine until thirty days before the opening of its Doctrine: Parliamentary rules are merely procedural and courts have no
next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may concern with their observance. Under the enrolled bill doctrine, the signing
call a special session at any time. of the bill by the Speaker of the House and the President of the Senate and
the certification by the secretaries of both Houses of Congress that it was
• A mandatory recess is prescribed to be a minimum of 30-‐‑days before passed is conclusive of its due enactment.
the opening of the next regular session
o The minimum period of recess may be lengthened by Garcillano v. House of Representatives (2008)
Congress at its discretion Petitioners filed a TRO to stop Hello Garci tapes from being used for Committee
• Special Sessions: one called by the President while the legislature is Reports/ played in the House (moot and academic: tapes have been played already).
in recess
18

They also assailed Senate power to proceed with the investigation due to lack of a morals, peace, education, good order or safety and general welfare of the
proper publication of rules and procedure (re: electronic evidence). public.
Doctrine: Due process requires the publication of rules of procedure by the
Senate of every Congress because the Senate should not be bound by the Ermita-‐‑Malate Motel and Motel Operators Assn. v. City Mayor(1963)
previous Senate that it had no part in. The city of Manila filed Ordinance No. 4760 regulating motel businesses in the city.
Constitutional Provision: Art. VI, Sec. 21, also Art. 2 of the Civil Code Petitioners assailed the constitutionalityof said ordinance for violating the due
process clause.
Powers of Congress Doctrine: The manifestation of police power (in this case being specifically
aimed to safeguard public morals) is immune from imputation of nullity
resting purely on conjecture and unsupported by anything of substance.
Police Power

• Police power is expressly delegated to local lawmaking bodies under
General Plenary Powers
the general welfare clause
o General Welfare Clause: the power of the municipal Arnault v. Nazareno (1950)
corporation to enact such ordinance as shall seem necessary The Senate, through a special committee, investigated the purchase of two tracts of
and proper to provide for the health and safety, promote the land. Witness Jean Arnault refused to disclose details in his testimony (The
prosperity, improve the morals, peace, good order, comfort P440,000 issue). Senate imprisoned Arnault for contempt.
and convenience of the municipality and its inhabitants Doctrine: Power of inquiry is an essential and appropriate auxiliary of the
thereof, and for protection of property therein[Sec. 2238, legislative function. The very reason for the exercise of the power to punish
Revised Administrative Code] for contempt is to enable the legislative body to perform its constitutional
function without impediment or obstruction.
Agustin v. Edu (1978) Constitutional Provision: Art. VI, Sec. 21
Letter of Instruction No. 229 was issued by President Marcos requiring all motor
vehicles to be equipped with an early warning device. Memorandum Circular No. 2
Legislative Power
was issued by the Land Transportation Commissioner for its implementation.
Petitioner assailed LOI 229 and Memorandum Circular No. 2 because violates

provision and delegation of police power because it is oppressive, unreasonable, • Legislative: specific powers of appropriation, taxation, expropriation
arbitrary, confiscatory and therefore unconstitutional; and makes early warning • Non-‐‑Legislative: power to canvass the presidential elections, declare
device makers millionaires. existence of a state of war, concur in treaties and amnesties, propose
Doctrine: Police power is the state’s authority to enact legislation that may constitutional amendments, impeach
interfere with the personal liberty and property in order to promote general
welfare. It is the power to prescribe regulations to promote the health,

19

Express Substantive Limitations Undue Delegation of Legislative Power

• Art. III: Bill of Rights Pelaez v. Auditor General (1965)
• Art. VI, Sec. 25: Appropriation, revenue or tariff bills, bills President Diosdado Macapagal issued several Executive Orders creating a total of 33
authorizing increase of public debs, bills of local application, and new municipalities pursuant to Section 68 of the Revised Administrative Code. This
private bills creation is an undeue delegation of power.
• Art. VI, Sec. 28: Taxes Doctrine: Requirements for a valid delegation of legislative power: 1.
• Art. VI, Sec. 29: Money paid out of Treasury Complete in itself and 2. Sufficiency in standards (Sec. 68, Revised
• Art. VI, Sec. 30: Law increasing appellate jurisdction of SC Administrative Code)
• Art. VI, Sec. 31: Law conferring title of royalty or nobility
• Art. XIV, Sec. 4(3): Non-‐‑stock, non-‐‑profit educational institutions Proper Delegation
exempt from tax

Garcia v. Executive Secretary (1992)
Implied Substantive Limitations
E.O. Nos. 475 and 478 were assailed for originating from the executive branch and

not the legislative.
Prohibition Against Delegation of Legislative Powers
Doctrine: While Art. VI, Sec. 24 of the Constitution vests the power to enact

appropriation, revenue or tariff bills, and bills authorizing increase of public
• Potestas delegata non delegari potest – what has been delegated
debt in the legislature, the President (thereby the executive branch) is also
cannot be delegated
authorized taxation power by Art. VI, Sec. 28 (2).
• Exceptions to Non-‐‑Delegation of Powers
Constitutional Provision: Art. VI, Sec. 24; Art. VI, Sec. 28 (2)
o Delegation of tariff powers to the President
o Delegation of emergency powers to the President
o Delegation to the people at large Delegation to the President
o Delegation to local governments
o Delegation to administrative bodies Art. VI, Sec. 23 (2) – In times of war or other national emergency, the Congress may,
• Tests for Valid Delegation by law, authorize the President, for a limited period and subject to such restrictions
as it may prescribe, to exercise powers necessary and proper to carry out a declared
o Completeness Test – Does the law set the policy to be
national policy. Unless sooner withdrawn by resolution of the Congress, such powers
completed, carried out, or implemented by delegate? shall cease upon the next adjournment thereof.
o Sufficent Standard Test– Does the law sufficiently limit and
define the delegate’s authority? Biraogo v. The Philippine Truth Commission (2010)
PNoy issued E.O. No. 1 for the establishment of Philippine Truth Commission to
conduct a fact-‐‑finding investigation of cases of graft and corruption involving third
level public officers during the administration GMA, and submit findings and
recommendations to the Office of the President, Congress, and the Ombudsman.
20

Doctrine: The creation of the PTC was NOT a valid delegation of the
legislature’s power to create offices, however the President has the power to • Power of subordinate legislation: power entrusted to administrative
conduct investigations and thus create ad hoc committees to aid in the bodies to implement broad policies laid down in a statute by “filing
execution of laws. in” the details through supplementary regulations which Congress
Constitutional Provision: Art. VII, Sec. 17 may not have the opportunity or competence to provide

Art. X Sec. 2 – The territorial and political subdivisions shall enjoy local autonomy. Osmeña v. Orbos (1993)
Oil Price Stabilization Fund (OPSF), designed to reimburse oil companies for cost
Art. X Sec. 3 – The Congress shall enact a local government code which shall provide for a for possible cost underrecovery incurred as a result of the reduction of domestic
more responsive and accountable local government structure instituted through a system of prices of petroleum products, the amount of the underrecovery being left for
decentralization with effective mechanisms of recall, initiative, and referendum, allocate determination by the Ministry of Finance.-‐‑-‐‑UNDUE DELEGATION?
among the different local government units their powers, responsibilities, and resources, and
Doctrine: For a valid delegation of power, it is essential that the law
provide for the qualifications, election, appointment and removal, term, salaries, powers and
delegating the power must be (1) complete in itself, that is it must set forth
functions and duties of local officials, and all other matters relating to the organization and
operation of the local units. the policy to be executed by the delegate and (2) it must fix a standard —
limits of which are sufficiently determinate or determinable — to which the
• Delegation to local governments is not a transfer of legislative power delegate must conform.
but a grant of authority to prescribe local legislations Constitutional Provision: Art. VI, Sec. 29 (3)
• Exception is based on the recognition that local legislatures are more
knowledgeable on local matters and are in a better position to enact Procedural Limitations
appropriate legislation

Art. VI, Sec. 26 – Every bill passed by the Congress shall embrace only one subject which
SJS v. Atienza (2007) shall be expressed in the title thereof.
Sangguniang Panglungsod of Manila enacted Ordinance No. 8027 which reclassifies
the area described from industrial to commerical and directed Shell and Caltex to No bill passed by either House shall become a law unless it has passed three readings on
cease and desist from operating their businesses within six months. However, separate days, and printed copies thereof in its final form have been distributed to its
Manila and the Department of Energy entered into a memorandum of Members three days before its passage, except when the President certifies to the necessity
understanding (MOU) which only scaled down the property covered by the depots 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
and did not stop their operations. The MOU was effective only for six months.
thereafter, and the yeas and nays entered in the Journal.
Petitioners urge the city to implement the ordinance.

Doctrine: Mayor Atienza has the mandatory legal duty to enforce Ordinance
Q: What happens when the President certifies a bill as urgent?
No. 8027 and order the removal of the oil depots. It is his ministerial duty to A: The requirement on printing final copies and three separate readings is
do so. dispensed with and the three readings may be completed in one day.
Note: See Rule 65, Section 316 of the Rules of Court
21

Art. VI, Sec. 27 – Every bill passed by the Congress shall, before it becomes a law, be presented • Requirements: in aid of legislation and in conformity with
to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return published rules of procedure
the same with his objections to the House where it originated, which shall enter the objections • Failure to comply=legislative contempt
at large in its Journal and proceed to reconsider it. If, after suchreconsideration, two-‐‑thirds of

all the Members of such House shall agree to pass the bill, it shall be sent, together with the
Arnault v. Nazareno (1950)
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 Arnault files a petition for release from the custody of the Senate because he has (1)
of each House shall be determined by yeas or nays, and the names of the Members voting for or answered the question the Senate wanted clearing him of contempt and (2) served the
against shall be entered in its Journal. The President shall communicate his veto of any bill to sentence of his previous contempt case.
the House where it originated within thirty days after the date of receipt thereof, otherwise, it Doctrine: Power of investigation includes the power to punish a witness.
shall become a law as if he had signed it. Judiciary has no right to encroach on legislative inquiries unless there has
been a violation of a constitutional inhibition,or an arbitrary exercise of the
The President shall have the power to veto any particular item or items in an appropriation,
legislative discretion.
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
Note: Materiality of question determined by its direct relation to the subject
of inquiry and not by its indirect relation to any proposed or possible
Question Hour legislation.

Art. VI, Sec. 22 – The heads of departments may, upon their own initiative, with the consent Senate v. Ermita (2006)
of the President, or upon the request of either House, as the rules of each House shall provide,
GMA issued E.O. No. 464, prohibiting heads of Executive departments, AFP
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
generals and flag officers, PNP officers ranked chief superintendent or higher, and
of Representatives at least three days before their scheduled appearance. Interpellations shall other officials from appearing before Congress without first securing the President'ʹs
not be limited to written questions, but may cover matters related thereto. When the security consent. Senate Committees issued invitations to various officials to appear in Senate
of the State or the public interest so requires and the President so states in writing, the investigations, including. Almost all of the invited officials failed to attend, invoking
appearance shall be conducted in executive session. E.O. 464.
Doctrine:E.O. 464 contravenes the power of inquiry vested in Congress. The
Legislative Inquiries power of inquiry is inherent in the power to legislate, and is co-‐‑extensive
with the power to legislate. Constitutional Provision: Art. VI, Sec. 21
Art. VI, Sec. 21 – The Senate or the House of Representatives or any of its respective Constitutional Provision: Art. VI, Sec. 21
committees may conduct inquiries in aid of legislation in accordance with its duly published Note:When an official is summoned on a matter that may be covered by
rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be executive privilege, he must be given a reasonable amount of time to inform
respected. the President or Executive Secretary. When such time has passed and

executive privilege is not invoked, Congress may complel the appearance of
• Power of inquiry – with process to enforce it – is an essential and
such official.
appropriate auxiliary to the legislative function

22

Senate v. Madajucon, Romero v. Estrada (2009) postponed.
Legislative inquiry into the alleged mismanaged funds of the AFP. Senate Blue No special election shall be called if the vacancy occurs within eighteen months before the date
of the next presidential election.
Ribbon Committee subpoenaed respondent Flaviano to testify in connection to the

allegations.
Doctrine: The Senate or the House of Representatives or any of its respective
Revoke or Extend Suspension of Privelege of Writ of Habeas
committees may conduct inquiries in aid of legislation in accordance with its Corpus and Declaration of Martial Law
duly published rules of procedure.
Constitutional Provision: Art. VI, Sec. 22 Art. VII, Sec. 18 (1) – The President shall be the Commander-‐‑in-‐‑Chief of all armed
Note: Court may not prevent a witness from appearing in legislative forces of the Philippines and whenever it becomes necessary, he may call out such
hearings. 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
Act as Board of Canvassers for Presidential and Vice-‐‑
Philippines or any part thereof under martial law. Within forty-‐‑eight hours from
Presidential Elections 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
Art. VII, Sec. 4 (4) – The returns of every election for President and Vice-‐‑President, duly writing to the Congress. The Congress, voting jointly, by a vote of at least a
certified by the board of canvassers of each province or city, shall be transmitted to the
majority of all its Members in regular or special session, may revoke such
Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass,
proclamation or suspension, which revocation shall not be set aside by the
the President of the Senate shall, not later than thirty days after the day of the election, open
all the certificates in the presence of the Senate and the House of Representatives in joint President. Upon the initiative of the President, the Congress may, in the
public session, and the Congress, upon determination of the authenticity and due same manner, extend such proclamation or suspension for a period to be
execution thereof in the manner provided by law, canvass the votes. determined by the Congress, if the invasion or rebellion shall persist and
public safety requires it.
Call Special Election for President and Vice President
Approve Presidential Amnesties
Art. VII, Sec. 10 – The Congress shall, at ten o'ʹclock in the morning of the third day after the
vacancy in the offices of the President and Vice-‐‑President occurs, convene in accordance with Art. VII, Sec. 19 – Except in cases of impeachment, or as otherwise provided in this
its rules without need of a call and within seven days, enact a law calling for a special Constitution, the President may grant reprieves, commutations, and pardons, and remit fines
and forfeitures, after conviction by final judgment.
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 He shall also have the power to grant amnesty with the concurrence of a majority of
special election shall be deemed certified under paragraph 2, Section 26, Article V1 of this all the Members of the Congress.
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 Confirm Certain Appointments
shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this
Constitution. The convening of the Congress cannot be suspended nor the special election

Art. VIII, Sec. 9– The Members of the Supreme Court and judges of the lower courts shall be
23

appointed by the President from a list of at least three nominees prepared by the Judicial and Declaration of War and Delegation of Emergency Powers
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 Art. VI, Sec. 23 – The Congress, by a vote of two-‐‑thirds of both Houses in joint session
submission of the list. assembled, voting separately, shall have the sole power to declare the existence of a state
of war.

• One of the ex-‐‑officio members of the JBC is a representative of the
In times of war or other national emergency, the Congress may, by law, authorize the
Congress
President, for a limited period and subject to such restrictions as it may prescribe, to exercise

powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn
Art. VIII, Sec. 16 – The Supreme Court shall, within thirty days from the opening of each
by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
regular session of the Congress, submit to the President and the Congress an annual report on

the operations and activities of the Judiciary.
Be Judge of President’s Physical Fitness
Concur in Treaties

Art. VII, Sec. 11 (4) – If the Congress, within ten days after receipt of the last written
Art. VII, Sec. 21 – No treaty or international agreement shall be valid and effective unless
declaration, or, if not in session, within twelve days after it is required to assemble, determines
concurred in by at least two-‐‑thirds of all the Members of the Senate.
by a two-‐‑thirds 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 President;
Sombilon v. Romulo (2009) otherwise, the President shall continue exercising the powers and duties of his office.
Pursuant to the VFA, Lance Corporal Daniel Smith, guilty of raping a Filipina, shall
serve his sentence in facilities agreed upon by Philippine and U.S. authorities. Power of Impeachment
Subsequently, RP and US entered into the Romulo-‐‑Kennedy Agreements, which

provided that Smith (1) be returned to U.S. military custody at the U.S. Embassy in
Art. XI, Sec. 2 – The President, the Vice-‐‑President, the Members of the Supreme Court, the
Manila, and that he (2) be detained at the first floor, Rowe Building, U.S. Embassy Members of the Constitutional Commissions, and the Ombudsman may be removed from
Compound. office on impeachment for, and conviction of, culpable violation of the Constitution,
Doctrine: The VFA is constitutional. It was duly concurred in by the treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
Philippine Senate, recognized as a treaty by the United States as attested and All other public officers and employees may be removed from office as provided by law, but not
certified by the duly authorized representative of the United States by impeachment.
government.
Art. XI, Sec. 3 – The House of Representatives shall have the exclusive power to
Constitutional Provision: Art. XVIII, Sec. 25
initiate all cases of impeachment.

A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or endorsement by any Member thereof,
which shall be included in the Order of Business within ten session days, and referred to the
proper Committee within three session days thereafter. The Committee, after hearing, and by a
24

majority vote of all its Members, shall submit its report to the House within sixty session days registered voters, of which every legislative district must be represented by at least three per
from such referral, together with the corresponding resolution. The resolution shall be centum of the registered voters therein. No amendment under this section shall be authorized
calendared for consideration by the House within ten session days from receipt thereof. within five years following the ratification of this Constitution nor oftener than once every five
years thereafter. The Congress shall provide for the implementation of the exercise of this right.
A vote of at least one-‐‑third of all the Members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee, or override its Art. XVII, Sec. 3 – The Congress may, by a vote of two-‐‑thirds of all its Members, call a
contrary resolution. The vote of each Member shall be recorded. constitutional convention, or by a majority vote of all its Members, submit to the electorate the
question of calling such a convention.
In case the verified complaint or resolution of impeachment is filed by at least one-‐‑third of all
the Members of the House, the same shall constitute the Articles of Impeachment, and trial by Art. XVII, Sec. 4 – Any amendment to, or revision of, this Constitution under Section 1
the Senate shall forthwith proceed. hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than ninety days after the approval of such
No impeachment proceedings shall be initiated against the same official more than once within amendment or revision.
a period of one year.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
The Senate shall have the sole power to try and decide all cases of impeachment. cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days
When sitting for that purpose, the Senators shall be on oath or affirmation. When the after the certification by the Commission on Elections of the sufficiency of the petition.
President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside,
but shall not vote. No person shall be convicted without the concurrence of two-‐‑thirds of all
the Members of the Senate.
The Legislative Process

Judgment in cases of impeachment shall not extend further than removal from office and Requirement as to Bills
disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and punishment,

according to law. As to Title

The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of Art. VI, Sec. 26 (1) – Every bill passed by the Congress shall embrace only one subject which
this section. shall be expressed in the title thereof.

Amendment or Revision of the Constitution • Hodgepodge/Log-‐‑Rolling Legislation: any act containing several
subjects dealing with unrelated matters representing diverse
Art. XVII, Sec. 1– Any amendment to, or revision of, this Constitution may be proposed by: interests to unite members of the legislature who favor one of the
(1) The Congress, upon a vote of three-‐‑fourths of all its Members; or (2) A constitutional subjects in support of the whole act
convention. o Note: we’re trying to prevent this

Art. XVII, Sec. 2 – Amendments to this Constitution may likewise be directly proposed by the
people through initiative upon a petition of at least twelve per centum of the total number of
25

Lidasan v. COMELEC (1967) Guingona v. Carague (1991)
RA 4790 (“An Act Creating the Municipality of Dianaton in the Province of Lanao Petitioners assail the Automatic Appropriation for debt service in the 1990 budget
del Sur”) is declared null and void for its title is misleading/deceptive in that it does alleging that the laws on which it was based became invalid upon the enactment of
not even indicate that Dianaton would include several municipalities of the Province the 1987 Constitution and that it must go through Congress first.
of Cotabato, Doctrine: The law of the Philippines regarding automatic appropriation for
Doctrine: Constitution does not require Congress to employ in the title of an debt service though enacted prior to the 1987 Constitution has not been
enactment, language of such precision as to mirror, fully index or catalogue repealed and is still valid. As a subsisting law (not bill) it doesn't need to go
all the contents and minute details in the title, it suffices if the title should through Congress again for approval. Thus, the Executive Department merely
has to apply this law unless the Congress deems it fit to amend or repeal it.
serve the purpose of informing legislators, persons interested and the public,
Constitutional Provision: Art. VI, Sec. 24 & 29 (1); Art. XVIII, Sec. 2
of the nature, scope and consequences of the proposed law and its
Note: Appropriation for annual budget must be passed by Congress as a
operation
new law every year, while automatic appropriation is provided for by law
but not necessarily bound by one fiscal year and the amount need not be
Requirements as to Certain Laws specific but must at least have specified limits.

Appropriation Laws Power of Taxation and Requirement as to Tax Laws

Art. VI, Sec. 24 – All appropriation, revenue or tariff bills, bills authorizing increase of the Art. VI, Sec. 28 – The rule of taxation shall be uniform and equitable. The Congress shall
public debt, bills of local application, and private bills, shall originate exclusively in the evolve a progressive system of taxation.
House of Representatives, but the Senate may propose or concur with amendments.
The Congress may, by law, authorize the President to fix within specified limits, and subject to
Art. VI, Sec. 29 – No money shall be paid out of the Treasury except in pursuance of an such limitations and restrictions as it may impose, tariff rates, import and export quotas,
appropriation made by law. tonnage and wharfage dues, and other duties or imposts within the framework of the national
development program of the Government.
No public money or property shall be appropriated, applied, paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian Charitable institutions, churches and personages or convents appurtenant thereto, mosques,
institution, or system of religion, or of any priest, preacher,minister, other religious teacher, or non-‐‑profit cemeteries, and all lands, buildings, and improvements, actually, directly, and
dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the exclusively used for religious, charitable, or educational purposes shall be exempt from
armed forces, or to any penal institution, or government orphanage or leprosarium. taxation.

All money collected on any tax levied for a special purpose shall be treated as a special fund No law granting any tax exemption shall be passed without the concurrence of a majority of
and paid out for such purpose only. If the purpose for which a special fund was created has all the Members of the Congress.
been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the
Government.

26

Procedure for the Passage of Bills The President’s Veto Power

1 SUBJECT EMBRACED IN TITLE
• The President may veto particular items of the following bills
2 STEPS TO BECOME A LAW o Appropriation
o Revenue
• Approved by Congress
• Approved by the President
o Tarrif

3 METHODS TO BECOME A LAW Bolinao Electronics Corp. v. Valencia (1964)
• When the President signs it Chronicle Broadcasting Network operated even after their permit expired.
• When the President vetoes, but veto is overriden by 2/3 of all members of each
Doctrine: The President has the power to veto any particular item or items of
House
• When the President does not act upon the measure within 30 days after it was an appropriation bill. However, when a provision of an appropriation bill
presented to him affects one or more items of the same, the President cannot veto the
provision without at the same time vetoing the particular item or items to
which it relates.
Bill is
2nd
Reading Enrolled
1st • Crucial • Printed Gonzales v. Macaraig (1990)
Reading stage and President vetoes inappropriate provisions ("riders") in the General Appropriations
• Bill is approved
• Reading Sent to Bill for 1989.
read 3rd other by
of
entirely, Reading chamber Congress Doctrine: The power of President to veto provisions of Appropriation Bills
number • Authentic allowed in the 1935 Constitution is still present despite omission in the 1973 &
scrutinize • Members • Undergoe
Bill and title ated by
d, register s same 1887 Constitution. The basic principle is that a distinct and severable part of a
introduced • Referred debated, Sen.
to proper votes process bill may be the object of a separate veto. Provisions of appropriation bills should
• By any and President,
member of commit-‐ (with • Differenc HoR relate specifically to some "particular appropriation" therein otherwise they
amended explanati
the HoR or tee es bet. Speaker, shall be considered as items.
Congress • Final on if
• Consolid versions= and Note: Item is an indivisible sum of money dedicated to a stated purpose in
form allowed) consolida
ates printed authentic
similar • No tion by ated by
an appropriation bill. A provision is a condition or restriction limited in its
and debates
bills distribute
confe-‐ the operation to the particular item it relates to and does not relate to the entire
• Kills or rence chamber
d three committe bill.
recom-‐ days Secretarie
mends before
e s
approval 3rd • Approved
reading by
President

27

Macalintal v. COMELEC (2003)
Bengzon v. Drilon (1992) Congress passed a law on the overseas absentee voting including the creation of the
Joint Congressional Oversight Committee to approve Comelec’s Implenting Rules
Doctrine: The President, in the exercise of his veto powers, may execute an
and Regulations (IRR)
item veto for appropriations as stated in § 27(2) Art. VI of the Constitution.
He MAY NOT, however, veto a provision. Doctrine: Congress has no general powers of supervision over the
COMELEC, a body independent from the three departments
Note: There are 3 types of congressional oversight (Puno’s dissent)
PHILCONSA v. Enriquez (1994) • Congressional Scrutiny
President vetoed several provisions of the General Appropriations Bill of 1994 before o A passive process of looking into facts of whether the
signing it into law. He explained these vetoes in his Presidential Veto Message. The government is efficient; information may be required. (e.g.
validity of two vetoes were assailed: (1) Debt Servicing -‐‑ (2)Automatic question hour)
Appropriation Funds. The vetoes were identified separately to see whether they are • Congressional Investigation
o A more intense digging of facts in aid of legislation. (Art. 6 sect.
appropriate.
21 1987 Phil Constitution)
Doctrine: The President'ʹs power to veto is limited to ITEM vetoing but • Legislative Supervision
"ʺinappropriate provisions"ʺ should also be treated as "ʺitems"ʺ which are subject o A more encompassing act which connotes a continuing and
to the Presidential Veto. Inappropriate provisions are (1) those that are informed awareness regarding executive operations.
unrelated (2) unconstitutional and (3) intended to amend other laws which o Allows Congress to scrutinize the exercise of delegated law
should be a subject for separate legislation. making authority and permits congress to retain part of that
delegated authority.

Q: What is Presidential Impoundment? • Congressional oversight must be confined only to scrutiny and
A: Refusal by the President, for whatever reason, to spend funds made investigation; it is integral to checks and balances.
available by Congress
Effectivity of Laws
Legislative Veto

Journal and Congressional Records
• A congressional veto is a measure whereby the legislature can block
or modify administrative action taken under a statute. It is a form of
legislative control in the implementation of particular executive Art. VI, Sec. 16 (4) – Each House shall keep a Journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in its judgment, affect national security; and
action. The form may either be negative (i.e. requiring disappproval
the yeas and nays on any question shall, at the request of one-‐‑fifth of the Members present, be
of the executive action) or affirmative (i.e. requiring approval of
entered in the Journal. Each House shall also keep a Record of its proceedings.
executive action).
• Journal – resumé or minutes of what transpired during a legislative
session
28

• Record – word-‐‑for-‐‑word transcript of proceedings independent of all three departments
• Purpose: (1) provides proof what transpired in the legislature (useful • Jurisdiction of the HRET commences only after a winning candidate
for interpretation of laws) (2) right to information of the public (Art. has been proclaimed and has taken the oath of office
III, Sec. 7) • Decisions rendered are not appealable to the Supreme Court except
• In case of conflict, contents of enrolled bill shall prevail over journal when there has been an apparent grave abuse of discretion
o Exception: questions on yeas and nays on final reading or
number of members present THE EXECUTIVE DEPARTMENT
• Enrolled Bill Doctrine: The signing of a bill by the Speaker of the

HoR and the Senate President and the certification by the secretaries
of both Houses of Congress that such bill was passed are conclusive The President
of its due enactment. [Arroyo v. De Venecia (1997)]
Singular Executive
Casco (Phil.) Chemical Co. v. Gimenez (1963)
Casco bought foreign exchange to import urea and formaldehyde in 1959 and 1960. Art. VII, Sec. 1 – The executive power shall be vested in the President of the Philippines.
Casco wanted a refund but was denied by the Auditor of the Central Bank because
RA 2609 exempts urea formaldehyde from foreign exchange margin fee, not urea and • In a nutshell: Executive power is the power to enforce and
formaldehyde. RA 2609 uses the term “urea formaldehyde” instead of “urea and administer laws
formaldehyde”.
Doctrine: If there has been any mistake in the printing of the bill before it
Qualifications
was certified by the officers of Congress and approved by the Executive, the
remedy is by amendment or curative legislation, not by judicial decree.

Art. VII, Sec. 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
Electoral Tribunal the election, and a resident of the Philippines for at least ten years immediately preceding such
election.
Art. VI, Sec. 17 – The Senate and the House of Representatives shall each have an Electoral R Natural-‐‑born citizen of PH
Tribunal which shall be the sole judge of all contests relating to the election, returns, and R Registered voter
qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine R Able to read and write
Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief R At least 40 yo on day of election
Justice, and the remaining six shall be Members of the Senate or the House of Representatives, R Resident of PH at least 10 years prior to election
as the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-‐‑list system
• Qualifications may not be reduced or increased by Congress
represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

• Electoral Tribunals are not adjuncts of the Legislature but are
29

Election and Term Macalintal v. Presidential Electoral Tribunal (2001)
Atty. Macalintal prays for the unconstitutionality of the creation of the Presidential
Art. VII, Sec. 4 – The President and the Vice-‐‑President shall be elected by direct vote of the Electoral Tribunal was created by the Supreme Court.
people for a term of six years which shall begin at noon on the thirtieth day of June next Doctrine: Additional jurisdiction bestowed by the last paragraph of Section
following the day of the election and shall end at noon of the same date, six years thereafter. 4, Article VII of the Constitution to decide presidential and vice-‐‑presidential
The President shall not be eligible for any re-‐‑election. No person who has succeeded as elections contests includes the means necessary to carry it into effect. The
President and has served as such for more than four years shall be qualified for election to the PET is no other than the SC itself.
same office at any time.
Constitutional Provision: Art. VII, Sec. 4 (7)

Note: Doctrine of Necessary Implication
Unless otherwise provided by law, the regular election for President and Vice-‐‑President shall
be held on the second Monday of May. If an office is given a duty, it comes with the power to resort to necessary
means to fulfill this duty.
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, directed to the Oath
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 the certificates in the

Art. VII, Sec. 5 – Before they enter on the execution of their office, the President, the Vice-‐‑
presence of the Senate and the House of Representatives in joint public session, and the
President, or the Acting President shall take the following oath or affirmation:
Congress, upon determination of the authenticity and due execution thereof in the manner

provided by law, canvass the votes.
"ʺI 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
The person having the highest number of votes shall be proclaimed elected, but in case two or
Constitution, execute its laws, do justice to every man, and consecrate myself to the service of
more shall have an equal and highest number of votes, one of them shall forthwith be chosen by
the Nation. So help me God."ʺ [In case of affirmation, last sentence will be omitted].
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 Privilege and Salary
election, returns, and qualifications of the President or Vice-‐‑President, and may promulgate
its rules for the purpose. Art. VII, Sec. 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.
• Canvassing of certificates is a ministerial function thus Congress does No increase in said compensation shall take effect until after the expiration of the term of the
not have the power to inquire into or decide question on incumbent during which such increase was approved. They shall not receive during their
tenure any other emolument from the Government or any other source.
irregularities in elections

o Such function is reserved for the Supreme Court
• The emolument that may not be received refers to compensation

received for services rendered from possession of another office.

30

Prohibitions
CLU v. Executive Secretary (1991)
Art. VII, Sec. 13 – The President, Vice-‐‑President, the Members of the Cabinet, and their Cory issued E.O. No. 284, declaring that Cabinet members, their deputies
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other (undersecretaries) and assistant secretaries may hold other public office,
office or employment during their tenure. They shall not, during said tenure, directly or including membership in the boards of government corporations: (a) when
indirectly, practice any other profession, participate in any business, or be financially directly provided for in the Constitution as in the case of the Secretary of Justice
interested in any contract with, or in any franchise, or special privilege granted by the who is made anex-‐‑officio member of the Judicial and Bar Council under Section 8,
Government or any subdivision, agency, or instrumentality thereof, including government-‐‑
paragraph 1, Article VIII; or (b) if allowed by law; or (c) if allowed by the primary
owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of
functions of their respective positions.
interest in the conduct of their office.
Doctrine: Intent of the framers was to prevent abuses and self-‐‑enrichment
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the of public officials taking advantage of holding multiple offices in
President shall not, during his tenure, be appointed as Members of the Constitutional government, as was done in the time of Marcos. Art. IX-‐‑B, Sec. 7 cannot
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen provide exceptions for Art. VII, Sec. 13 because the first contains a blanket
or heads of bureaus or offices, including government-‐‑owned or controlled corporations and prohibition, whereas the latter contains a stricter and more specific
their subsidiaries. prohibition meant to put the President and his/her family, and the
officials enumerated therein in a class of their own in terms of holding
Funa v. Ermita (2010) public offices.
The constitutionality of Maria Elena Bautista'ʹs designation as OIC of MARINA Constitutional Provision: Art. VII, Sec. 13; Art. IX-‐‑B, Sec. 7 (2)
while still DOTC Usec. During the pendency of the case, Bautista was appointed Note: Ex-‐‑officio posts or those required by the primary functions of the
MARINA Administrator, relinquishing her DOST post. executive officials concerned to do not fall within the definition of “any
Doctrine: Art. IX-‐‑B, Sec. 7 is a blanket prohibition while Art. VII, Sec. 3 is a other office”.
strict prohibition. Appointment versus Designation
Constitutional Provision: Art. VII, Sec. 3; Art. IX-‐‑B, Sec. 7

Exceptions to Prohibition from Holding Another Office

• Vice-‐‑President as member of the Cabinet
• Secretary of Justice as member of the Judicial and Bar Council

31

Ople v. Torres (1998)
Dela Cruz v. COA (2001)
A.O. 308 (Adoption of a National Computerized Identification Reference Syste)”
Following the CLU ruling, COA issued a memo disallowing additional
was used by Pres. Ramos to 1) Provide Filipinos and foreigners “the facility to
compensation for multiple positions and ordering the refund of such compensation.
conveniently transact business with basic service and social security providers and
Members of the NHA Board of Directors were denied additional compensation
other government instrumentalities” and 2) to reduce fraudulent transactions and
because they were mere “alternates” of the officers, “whose acts shall be considered
misrepresentations by persons seeking basic services.
the acts of their principals"ʺ.
Doctrine: Legislative power is the authority to make laws, and to alter and
Doctrine: Sec. 7 of PD 757 (creating the NHA), mandates the ff. to sit at the
repeal them while executive power is to enforce and administer the laws.
NHA BoD: 1) the Secretary of Public Works, Transportation and
Legislative power is broad, general and comprehensive (plenary
Communications, 2) the Director-‐‑General of NEDA, 3) the Secretary of
power). The test to determine if a law is legislative in nature: 1) if it confers
Finance, 4) the Secretary of Labor, 5) the Secretary of Industry, 6) the
a right, 2) if it imposes a duty, 3) if it affords protection, 4) if it creates an
Executive Secretary, and 7) the General Manager of the NHA. Sitting at the
office.
NHA BoD is therefore an ex-‐‑officio function.
Delegation of legislative power is not permitted unless provided in the
Constitutional Provision: Art. VII, Sec. 13
Constitution. Laws that leave Congress must be 1) complete in itself and 2)
sets sufficient standards.
Powers and Functions of the President
Control and Supervision over the Executive Branch of the Government
Executive Power
Art. VII, Sec. 17 – The President shall have control of all the executive departments, bureaus,
Power to Execute Laws and offices. He shall ensure that the laws be faithfully executed.

• Control Power: power of an officer to alter or modify or nullify or set
Art. VII, Sec. 1 – The executive power shall be vested in the President of the Philippines.
aside what a subordinate officer has done in the performance of his

Art. VII, Sec. 17 – The President shall have control of all the executive departments, bureaus,
duties and to substitute the judgment of the former for that of the
and offices. He shall ensure that the laws be faithfully executed. latter. [Mondano v. Silvosa (1955)]
• President has full control over Cabinet
• Power to ensure that laws are faithfully executed is also called the o Power to appoint, shuffle, and replace without legal
Take-‐‑Care Clause inhibition
• Power of control includes the power to reorganize executive offices

32

Lacson-‐‑Magallanes Co., Inc. v. Pano (1967) d) where there is a classification of offices in the department or agency
Executive Secretary, by authority of the President, awarded disputed land to concerned and the reclassified offices perform substantially the same
farmers regardless of the decisions of other department heads. The President, functions as the original offices; and
through his Executive Secretary, can override the decision of department e) where the removal violates the order of separation
secretaries.
Doctrine: Power of control—granted to the President by virtue of Sec. 17 Art Pichay v. Office of the Deputy Executive Secretary for Legal Affairs (2012)
VII, power of an officer to alter or modify or nullify or set aside what the IAD replaced PGAC by Pres. Aquino issuing EO 13. IAD; the power to investigate
subordinate officer had done in the performance of his duties and to or hear administrative cases or complaints against presidential appointees. Pichay Jr.
substitute the judgment of the superior to that of the subordinate. It is the is assailing the constitutionality of E.O. 13
authority of the President over the entirety of the executive department. Doctrine: The function of receiving evidence and ascertaining the facts of a
controversy is not a judicial function.
Buklod ng Kawaning EIIB v. Executive Secretary (2001)
The Economic Intelligence and Investigation Bureau (EIIB), which was created General Supervision of Local Governments and Autonomous Regions
through Cory’s E.O. 127, was deactivated during Erap’s term because the designated
functions of the EIIB are also performed by other agencies and as such, there is a need Art. X, Sec. 4 – The President of the Philippines shall exercise general supervision over local
to monitor these overlapping functions. E.O. 196 (creating the Presidential Anti-‐‑ governments. Provinces with respect to component cities and municipalities, and cities and
Smuggling Task Force "ʺAduana"ʺ) and E.O. 223 (separating EIIB employees from municipalities with respect to component barangays, shall ensure that the acts of their
service pursuant to the reorganization) were also issued by Erap. component units are within the scope of their prescribed powers and functions.
Doctrine: Corollary to the President'ʹs control over the executive department
is the authority to effect organizational changes in the department or Art. X. Sec. 16 – The President shall exercise general supervision over autonomous
agency/agencies under it. The President may reorganize a public office either regions to ensure that laws are faithfully executed.

by abolishing or deactivating it. Reorganizations are deemed to be valid if
Power of Appointment
they are pursued in good faith, i.e. that it is for the purpose of maximizing

economic resources or to make the bureaucracy more efficient.
Art. VII, Sec. 16 – The President shall nominate and, with the consent of the Commission on
Constitutional Provision: Art. VII, Sec. 17 Appointments, appoint the heads of the executive departments, ambassadors, other public
Note: RA 6656 provides for five circumstances which may be considered as ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain,
evidence of bad faith: and other officers whose appointments are vested in him in this Constitution. He shall also
a) where there is a significant increase in the number of positions in the new appoint all other officers of the Government whose appointments are not otherwise provided
staffing pattern of the department or agency concerned; for by law, and those whom he may be authorized by law to appoint. The Congress may, by
b) where an office is abolished and another performing substantially the law, vest the appointment of other officers lower in rank in the President alone, in the courts,
same functions is created; or in the heads of departments, agencies, commissions, or boards.

c) where incumbents are replaced by those less qualified in terms of status of
The President shall have the power to make appointments during the recess of the Congress,
appointment, performance and merit;
whether voluntary or compulsory, but such appointments shall be effective only until
33

disapproved by the Commission on Appointments or until the next adjournment of the (subject to CA’s consent)
Congress. o All other officers of the Government whose appointments
are not otherwise provided for by law
• Commission: written evidence of appointment o Those whom he may be authorized by law to appoint
• Permanent Appointments: extended to persons possessing the o Those lower in rank, vested by Congress
requisite eligibility and are thus protected by the constitutional
provision on security of tenure Sarmiento v. Mison (1987)
• Temporary Appointments: given to persons without such eligibility
Petitioners claim that the appointment of Mison as BOC Commissioner is
and are revocable at will, without the necessity of just cause or a
unconstitutional because it wasn'ʹt confirmed by the Commission on Appointments,
valid investigation
but the petition was denied because under Sec. 16, Art VI, BOC Commissioner as a
o Not subject to confirmation by the Commission on
bureau head falls under one of the groups that does not need CoA approval.
Appointments
• From the express power of apointment, the Presidents possesses the Doctrine: The power of appointment is fundamentally executive in nature.
implied power of removal Only the first group mentioned in Art. VI, Sec. 16 requires CoA approval.
o Not all of the President’s appointees may be removed by Constitutional Provision: Art. VI, Sec. 16
him (e.g. Supreme Court Justices)
Manalo v. Sistoza (1999)
Process for Regular Appointments Cory promoted 15 officers in the PNP without having their names submitted to the
Commission on Appointments for confirmation, The 15 police officers took oath of
office and assumed positions.
Condirmation
Nomination by by Commission Issuance of Acceptance of
President on commission appointee
Doctrine: It was held that this was constitutional because as confirmed from
Appointments Sarmiento v. Mison, only the 1st category needed confirmation from the
Commission and Appointments. Furthermore, the PNP is independent
from the Armed Forces, which belongs in the 1st category.
•Regular appointment – made during legislative session Constitutional Provision: Art. VII, Sec. 16
•Appointment continues until end of term
Limitations on Appointing Power of the President
With Consent of Commission on Appointments
• Four Categories the President may Appoint Art. VII, Sec. 13 – The President, Vice-‐‑President, the Members of the Cabinet, and their
o Heads of the executive departments, ambassadors, other deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other
public ministers and consuls, or officers of the armed forces office or employment during their tenure. They shall not, during said tenure, directly or
from the rank of colonel or naval captain, and other officers indirectly, practice any other profession, participate in any business, or be financially
whose appointments are vested in him in this Constitution interested in any contract with, or in any franchise, or special privilege granted by the
34

Government or any subdivision, agency, or instrumentality thereof, including government-‐‑ Process for Ad Interim Appointments
owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.

Conﬁrmation by
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
Appointment by
President shall not, during his tenure, be appointed as Members of the Constitutional Commission on
President
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen Appointments
or heads of bureaus or offices, including government-‐‑owned or controlled corporations and
their subsidiaries.

Art. VII, Sec. 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 • Ad interim appointment – made when Congress is in recess (not in
temporary appointments to executive positions when continued vacancies therein will session)
prejudice public service or endanger public safety. • Ceases to be valid if disapproved by Commission on Appointments
or when by-‐‑passed
• President’s power of appointment may also be limited through: • Purpose: to prevend a hiatus in the discharge of official duties while
o Congress’ power to prescribe qualifications for public office Congress is in recess
o Judiciary’s role in annuling appointments not validly made
§ If the appointee is not validly confirmed or does not Temporary Designations
possess required qualifications
Administrative Code of 1987, Bk. III, Sec. 17 – Power to Issue Temporary Designation—The
Interim or Recess Appointments President may temporarily designate an officer already in the government service or any other
competent person to perform the functions of an office in the executive branch, appointment to
Art. VI, Sec. 19 – The Electoral Tribunals and the Commission on Appointments shall be which is vested in him by law, when: (a) the officer regularly appointed to the office is unable
constituted within thirty days after the Senate and the House of Representatives shall have to perform his duties by reason of illness, absence or any other cause; or (b) there exists a
been organized with the election of the President and the Speaker. The Commission on vacancy;
Appointments shall meet only while the Congress is in session, at the call of its Chairman or a
majority of all its Members, to discharge such powers and functions as are herein conferred The person designated shall receive the compensation attached to the position, unless he is
upon it. already in the government service in which case he shall receive only such additional
compensation as, with his existing salary, shall not exceed the salary authorized by law for the
position filled. The compensation hereby authorized shall be paid out of the funds appropriated
for the office or agency concerned.

In no case shall a temporary designation exceed one (1) year.

• Designation: imposition of additional duties to a person already in
the public service
35

o Where the person is merely designated and not appointed, be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail
the implication is that he shall hold the office only in a shall not be required.
temporary capacity and may be replaced at will by the
Art. VII, Sec. 18 – The President shall be the Commander-‐‑in-‐‑Chief of all armed forces of the
appointing authority. [Binamira v. Garrucho (1990)]
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
Powers over Legislation 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.
Delegated Decree Authority 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
Art. VI, 23 (2) – In times of war or other national emergency, the Congress may, by law,
Members in regular or special session, may revoke such proclamation or suspension, which
authorize the President, for a limited period and subject to such restrictions as it may
revocation shall not be set aside by the President. Upon the initiative of the President, the
prescribe, to exercise powers necessary and proper to carry out a declared national policy.
Congress may, in the same manner, extend such proclamation or suspension for a period to be
Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
determined by the Congress, if the invasion or rebellion shall persist and public safety requires
adjournment thereof.
it.

Araneta v. Dinglasan (1949)
The Congress, if not in session, shall, within twenty-‐‑four hours following such proclamation
Petitioners believe that laws created by the President after Congress reconvened or suspension, convene in accordance with its rules without need of a call.
should be made invalid. Commonwealth Act No. 671, which gave legislative power
to the president during WWII was supposed to be no longer be effective, when the The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
questioned laws were made. sufficiency of the factual basis of the proclamation of martial law or the suspension of the
Doctrine: The president can only have legislative power given the necessity privilege of the writ of habeas corpus or the extension thereof, and must promulgate its
brought by the presence of a national emergency. decision thereon within thirty days from its filing.

Constitutional Provision: Art. VI, Sec. 23 (2)
A state of martial law does not suspend the operation of the Constitution, nor supplant the
Note: Having two legislative bodies govern at the same time compromises functioning of the civil courts or legislative assemblies, nor authorize the conferment of
the separation of powers doctrine. The two departments may opt to jurisdiction on military courts and agencies over civilians where civil courts are able to
invalidate the laws the other creates. function, nor automatically suspend the privilege of the writ of habeas corpus.

Special Powers The suspension of the privilege of the writ of habeas corpus shall apply only to persons
judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

Powers as Commander-‐‑in-‐‑Chief During the suspension of the privilege of the writ of habeas corpus, any person thus arrested
or detained shall be judicially charged within three days, otherwise he shall be released.
Art. III, Sec. 13 – All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law. The right to bail shall not
36

Art. VIII, Sec. 1 (2) – Judicial power includes the duty of the courts of justice to settle actual Burgos v. Macapagal-‐‑Arroyo (2011)
controversies involving rights which are legally demandable and enforceable, and to determine Jonas Joseph T. burgos, a farmer advocate and member of Kilusang Magbubukid sa
whether or not there has been a grave abuse of discretion amounting to lack or excess of
Bulacan was abducted by a group of 4 men and a woman at the Hapag Kainan
jurisdiction on the part of any branch or instrumentality of the Government.
restaurant located at the Ever Gotesco mall, QC. Jonas'ʹ family filed a complaint at

the Commission on Human Rights alleging military involvement (AFP,task force
• As Commander-‐‑in-‐‑Chief, the President has the power to
USIG) in the abducion of Jonas. Mother Edita Burgos, petitioned for a writ of
o Call out the Armed Force (aka power of the sword)
habeas corpus (denied by the CA), motioned to declare the respondents in contempt
§ Requirements: lawless violence or invasion or
(denied); CA partially granted writ of Amparo in favor of Burgos.
rebellion
Doctrine: 2 types of Contempt:
o Suspend the privilege of the writ of habeas corpus
1. Criminal contempt: conduct directed against the authority and dignity of
§ Requirements: invasion or rebellion or when public
the court or a judge acting judicially; it is an act obstructing the
safety requires it
administration of justice which tends to bring the court into disrepute or
o Declare Martial Law
disrespect.
§ Requirements: invasion or rebellion or when public
Purpose: to punish
safety requires it
In Proceedings: the defendant is presumed innocent and the burden is on
• Due to the Philippines’ history, the framers felt it was necessary to
the prosecution to prove the charges beyond reasonable doubt.
preserve democracy against military coup d’etat and thus the Armed
-‐‑presumption of innocence that precludes every reasonable hypothesis
Forces were made subordinate to a civilian authority.
2. Civil contempt: the failure to do something ordered to be done by a court

or a judge for the benefit of the opposing party therein and is therefore, an
Q: What is the privilege of the writ of habeas corpus?
offense against the party in whose behalf the violated order was made.
A: The right to have an immediate determination of the legality of the
Purpose: to compensate
deprivation of physical liberty.

IBP v. Zamora (2000)
Gudani & Balutan v. Senga (2006) President Estrada called on the AFP to assist the PNP in joint visibility patrols.
AFP Gen. Gudani appeared in a senate without the President’s consent. Gen. Doctrine: ’Whenever it becomes necessary’ is the only requirement to call
Gudani is guilty of defying a direct order of the commander-‐‑in-‐‑chief and articles out the AFP. President has the widest leeway and broadest discretion in
of war. using the power to call out because it is considered as the lesser and more
Doctrine: The commander-‐‑in-‐‑chief clause vests on the President absolute benign power compared to the other two powers. The President as
authority over the persons and actions of the members of the armed Commander-‐‑in-‐‑Chief has a vast intelligence network to gather information,
forces. some of which may be classified as highly confidential or affecting the
Constitutional Provision: Art. VII, Sec. 17 security of the state.
Constitutional Provision: Art.VII, Sec. 18; Art. II, Sec. 3

37

Lacson v. Perez (2001) Lansang v. Garcia (1971)
On May 1, 2001, angry violent mob with explosives and firearms attempted to President Marcos issued Proclamation No. 889 suspending the privilege of the
break into Malacanang due to which GMA declared NCR to be in state of rebellion writ of habeas corpus following the Plaza Miranda Bombing, declaring that
and issued Gen Order. 1 for PNP and AFP to suppress the rebellion. Warrantless information gathered by his advisers indicated the presence of a rebellion and an
arrests of alleged leaders and promoters followed. Assailed is the constitutionality attempt to overthrow the government. Petitioners were detained as they were
of such declarations of state of rebellion since it is the judiciary with the suspected to have been part of the conspiracy. Petitioners then questioned the
constitutional prerogative to "ʺdetermine or interpret"ʺ what happened on May 1, validity of Proclamation No. 889 as it allegedly did not comply with the
2001. requirements set forth in the Constitution and they further allege that the
Doctrine: Evidence upon which the President might decide that there is a President was acting arbitrarily in suspending the privilege.
need to call out the armed forces may not be of a nature constituting Doctrine: The President has 3 courses of action in times of insurrection: a)
technical proof. The President as Commander-‐‑in-‐‑Chief has a vast call out the Armed Forces, b) to suspend the privilege of writ of habeas
intelligence network to gather information, some of which may be corpus and c) place the country under martial law. The President had
classified as highly confidential or affecting the security of the state. In the already called out the Armed Forces but this failed to suppress the
exercise of the power to call, on-‐‑the-‐‑spot decisions may be imperatively rebellion, the suspension of the privilege was the next least restrictive
necessary in emergency situations to avert great loss of human lives and method.
mass destruction of property. Constitutional Provision: Art. VI, Sec. 10 (2), Art III, Sec. 1(14) of the 1935
Constitutional Provision: Art. VII, Sec. 18 Constitution

David v. Macapagal-‐‑Arroyo (2006)
Sanlakas v. Reyes (2004) GMA declared PP 1017, implemented by GO 5, which cancelled all plans to celebrate
The Oakwood Mutiny assailed the validity of Proclamation No. 427 & General EDSA I and at the same time revoked all permits issued for rallies and other public
Order No. 4 declaring a state of rebellion; calling out Armed Forces to suppress organization/meeting. Notwithstanding the cancellation of their rally permit, KMU
rebellion. head Randolf David proceeded to rally which led to his arrest. Later that day, the
Doctrine: The President’s authority to declare a state of rebellion springs in Daily Tribunes was raided by the CIDG and they seized and confiscated anti-‐‑GMA
the main from her powers as chief executive and, at the same time, draws articles and write ups.
strength from her Commander-‐‑in-‐‑Chief powers. Also, generally, judicial Doctrine: Calling-‐‑Out Power: The Constitution, through Sec. 18, Art. VII,
power is limited to the determination of actual controversies. Nevertheless, grants the President with the power to call out the armed forces to suppress
courts will decide a question, otherwise moot, if it is “capable of repetition lawless violence. The PP is not Martial Law since the writ of habeas corpus
yet evading review.” was not suspended. PP 1017 only affirms the calling-‐‑out power of the
Constitutional Provision: Art.VII, Sec. 18, also Sec. 4, Chapter 2, Book III of President.
the Revised Administrative Code of 1987
Note: A declaration of state of rebellion is not necessary Take-‐‑Care Power: Decrees cannot be created now, as it will violate
separation of powers. (Only laws that will suppress lawless violence or

38

rebellion.) • Pardon: act of grace exempting the individual from punishment
which the law inflicts for his crimes
Power to take over: The Executive cannot exercise emergency powers, which • Commutation: reduction or mitigation of penalty
include the power to take over public utilities and corporations, without • Reprieve: postponement of sentece
Congressional authorirty. The Congress is the repository of emergency • Parole: only involves release from imprisonment but not restoration
powers and the President is only delegated with these powers if the situation of liberty
calls for it. o Still in custody but not confined
Constitutional Provision: Art.VII, Sec. 18 • Purpose: relieving the harshness of the law or correcting mistakes in
the administration of justice
Ampatuan v. Puno (2011) • Discretion of the President
• Kinds of Pardon
Pres. Arroyo declared a state of emergency in the provinces of Maguindanao and
o Absolute: extended without strings attached
Sultan Kudarat and the city of Cotabato. She also issued AOs delegating the
§ Offender does not have right to reject offer
administration of the ARMM to the DILG. Petitioners claim that the issuances
o Conditional: convict required to comply with requirements
encroached on the ARMM’s autonomy under Section 1, Article V of RA 9054
§ Offender has right to reject offer
(Expanded ARMM Organic Act) and Section 16, Article X of the 1987
o Plenary: extinguishes all penalties
Constitution.
o Partial: does not extinguish all penalties
Doctrine: The DILG Secretary did not take over control of the powers
• Effects of Pardon
(administration or operations) of the ARMM. Also, the deployment of AFP
o Resoration of civil and political rights
and PNP personnel is not by itself an exercise of emergency powers as
o Restoration of liberty
understood under Section 23 (2), Article VI of the Constitution.
Constitutional Provision: Art.VII, Sec. 18

Executive Clemencies
Art. VII, Sec. 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.

Art. IX-‐‑C, Sec. 15 – 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.

39

and consuls
o Power to receive ambassadors and other public ministers
accredited to the Philippines
Amnesty Pardon o Power to contract and guarantee foreign loans on behalf of
• Crimes against sovereignty the Philippines
of state • Infractions of the peace of
the State o Power to deport aliens
• Addressed to classes or
communities Exercised Addressed to an individual
• 
• Distinct acts of acceptance
• May or may not show by
required Pimentel v. Office of the Exec. Sec. (2005)
distinct acts of acceptance President • Does not require Petitioners filed for a petition for mandamus to compel the respondents to transmit
• Requires concurrence of
Congress concurrence of Congress the signed copy of the Rome Statute of the International Criminal Court to the
• Private act of President
• Public act of President Senate, in accordance to Art. VII, Sec. 21. Petition denied.
• Looks forward and relieves
• Looks backward and Doctrine: The President, being the head of state, is regarded as the sole organ
offender of consequences
abolishes offense
and authority in external relations and is the country’s sole representative
with foreign nations. In the realm of treaty-‐‑making, the President has the sole
authority to negotiate with other states. Art. VII, Sec. 21 merely serves as a
limitation on this power of the President.
Steps in treaty-‐‑making process: negotiation, signature, ratification, and
Diplomatic Powers exchange of the instruments of ratification.
Ratification of a treaty is generally held to be an executive act, undertaken by
Contracting and Guaranteeing Foreign Loans the head of the state or of the government.
Constitutional Provision: Art.VII, Sec. 21
Art. VII, Sec. 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 • President as chief architect of foreign policy
from the end of every quarter of the calendar year, submit to the Congress a complete report of • Sole authority to negotiate with other states for the creation of
its decision on applications for loans to be contracted or guaranteed by the Government or treaties
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. • Full powers: credentials given to negotiators

Art. XII, Sec. 21 – Foreign loans may only be incurred in accordance with law and the
regulation of the monetary authority. Information on foreign loans obtained or guaranteed by
the Government shall be made available to the public.

• Foreign relations powers of the President

o Power to negotiate treaties and international agreements
o Power to appoint ambassadors and other public ministers,

40

PITC v. Angeles (1996) Negotiate
PITC issued Administrative Order No. SOCPEC 89-‐‑-‐‑-‐‑08-‐‑-‐‑-‐‑01, under which,
applications for importation from the People’s Republic of China (PROC) must be Province of North Cotabato v. GRP (2008)
accompanied by a viable and confirmed Export Program of Philippine Products to The Memorandum of Agreement on the Ancestral Domain Aspect of the GRP-‐‑MILF
PROC carried out by the importer himself or through a tie-‐‑up with a legitimate Tripoli Agreement of Peace of 2001 (MOA) is assailed on its constitutionality.
importer in an amount equivalent to the value of the importation to the PROC being Doctrine: GRP violated the Constitutional and statutory provisions on public
applied for, or simply, at a one is to one ratio. consultation and the right to information when they negotiated and initiated
Doctrine: President has the power to regulate the flow of trade between the the MOA-‐‑AD and it is unconstitutional because it is contrary to law and the
Philippines and other nations through a Memorandum of Understanding provisions of the Constitution.
and a Trade Protocol; and this necessarily flows from her office as Chief Constitutional Provision: Art. II, Sec. 28; Art. VII, Sec. 21
Executive. Administrative Orders issued by administrative offices
implementing such agreements are constitutional. Q: Does the Constitution expressly authorize the President to conduct
peace negotiations?
Treaty-‐‑Making A: No. Such power is implicit in her power as Chief Executive and
Commander-‐‑in-‐‑Chief
Art. VII, Sec. 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. Q: Does the President possess constituent power?
Executive Agreements A: No. Such powers may only be exercised by Congress, a Constitutional
Convention, or the people through intiative and referendum. However, he
BAYAN v. Executive Secretary (2000) may submit proposals for constitutional change to the Congress. As Chief
VFA was assailed for not complying with Art. XVIII, Sec. 25. Executive, the President has the general responsibility to promote public
Doctrine: Art. VII, Sec. 21 is a general provision dealing with treatise or peace, and as Commander-‐‑in-‐‑Chief, she has the more specific duty to
international agreements needing 2/3 vote of the Senate while Sec. 25, Art. prevent and suppress rebellion and lawless violence.
XVIII is a special provision applying to treaties involving the presence of
military bases, troops, or facilities in the Philippines. Under the doctrine of Residual Power
lex specialis derogat generali, the special provision should always prevail over
the general one. Q: How do we reconcile the expansive residual power the limitations
The argument that Art. XVIII, Sec. 25 is not controlling because the VFA placed on the President?
covers merely foreign troops and not bases cannot hold. The phrase “foreign A: Residual power is founded on the duty of the President as steward of the
military bases, troops, or facilities” is not taken as a whole but as separate people and to protect the general welfare.
entities with the use of commas and the word “or”.
Constitutional Provision: Art. VII, Sec. 21; Art. XVIII, Sec. 25 Q: How are the President’s powers limited in the 1987 Consitution?
A: Limiting the political question doctrine and broadening judicial review.
41

Marcos v. Manglapus (1989) Executive Privilege
Travel documents to former Pres. Marcos and the immediate members of his family

and to enjoin the implementation of the President'ʹs decision to bar their return to the
• Executive Privilege
Philippines. -‐‑-‐‑RESIDUAL POWER.
o Presidential Communication Privilege – communications,
Doctrine: President has unstated residual powers implied from the grant of
documents or other materials that reflect presidential
executive power and which are necessary for her to comply with her duties
decision-‐‑making and deliberations and that the President
under the Constitution to protect and promote the interest and welfare of the
believes should remain confidential
people.
o Deliberative Process Privilege – advisory opinions,
recommendations and deliberations, comprising part of
Prohibitions and Immunity process by which governmental decisions and policies are
formulated
Immunity from Suit
Neri v. Blue Ribbon Committee (2008)
• Although there is no explicit provision in the 1987 Constitution, Neri was called to answer questions about the NBN-‐‑ZTE deal. He refused to answer
presidential immunity remains to be part of the law questions pertaining to GMA'ʹs actions, invoking executive privilege.
Doctrine: Executive privilege is not explicitly stated in the Constitution.

Executive has the right to withhold information when it comes to military
In re Bermudez (1986)
and state secrets, especially regarding non-‐‑delegable Presidential powers.
Bermudez questions Art. XVIII, Sec. 5 of the proposed 1986 Constitution stating

that the provision is not clear.
AKBAYAN v. Aquino (2008)
Doctrine: Presidents are immune from suits (not the kind you wear).
Petitioners requested for the copies of the draft text of the Japan-‐‑Philippines
Economic Partnership Agreement and the offers submitted during the negotiation
Beltran v. Makasiar (1985) process. Invoking doctrine of executive privilege, respondents refuse to furnish them
Cory initiated criminal proceedings (libel) against the petitioners through the filing copies of the offers.
of a complaint-‐‑affidavit Doctrine: Diplomatic negotiations are covered by the doctrine of executive
Doctrine: This privilege of immunity from suit pertains to the President by privilege. The claim of privilege is not absolute. It may be overcome by the
virtue of the office and may be invoked only by the holder of the office, not showing of strong and sufficient need in favor of disclosure.
by any other person in the President’s behalf. An accused in a criminal case
in which the President is a complainant cannot raise the presidential • The JPEPA was the first bilateral free trade agreement of the
privilege as a defense to prevent the case from proceeding. Nothing in the Philippines
law prevents the President from waiving the privilege. But the choice of
exercising or waiving this privilege is solely the President’s prerogative.
42

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