Q: Who Is A Natural Born Citizen?

BTX
San Beda College-Manila

College of Law
Registered voter
Able to read and write
At least 40 years of age at the day of election
Resident of the Phil of at least 10 years immediately preceding the next election
Q: Who is a natural born citizen?

A: one who is a citizen of the Philippines from birth without having any act to acquire perfection
to his citizenship
Q: who is a naturalized citizen?

A: acquire citizenship after birth through any modes allowed by law
Q: What is an executive privilege?

A: Case of David vs Arroyo. (Ilagay niyo yung ruling dito)
Q: How is the President elected?

A: Through direct vote of the people
Q: Term of Pres.
A: 6 years
Q: What are the powers of Vice-President?

A: He will assume the presidency in case the president is unable to discharge the functions of his
office. He can also appointed as a member of the cabinet. Such appointment does not need
confirmation from the Commission on Appointments.
BTX Notes in Constitutional Law 1

Brotherhood. Trust. Xcellence.
There’s no other way but the BTX Way. Page 18
Disclaimer: BTX is not a fraternity. It is just what we call our brotherhood composed of former Legal
Management students of San Beda College-Manila.
Members: Kent Limpot, Yadj Juanico, Kevin Leus, Marben Silva, Allen Sopoco, King Defante, Justin
Abraham, Nate Rebudal, Francis Geronimo, Monico Aggabao, Mikko Escoto, Jireh Bringas, Sockie
Averia, Nur Dimapanat, Koko Quadra, RJ Baclig, Raven Libunao, Bennet Veloya, Mark Tamayo, Kiel
Rivera, James Culla, Jupi Malabanan, Dring Ferrer, Gelle Obas, Daryl Plan, Rovin Feliciano, Atea Zara,
Raven Libunao, Rommel Amador, Gregg Namin, Richard Siccion, Ali Manuel, Jim Alberto, Jasper
Aquino
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Q: What are the privileges of the President?

A: Immunity from suit – immune from civil liability (Estrada v Desierto)
Q: Question hour vs. Inquiry on aid of legislation.

A: Question hour is enshrined in Section 22, Article VI of the Constitution. It is an exercise of
the legislature’s oversight function. It covers department heads only and their attendance is
merely discretionary. On the other hand, inquiry in aid of legislation is enshrined in Section 21,
Article VI. It covers not only department heads but all individuals who can provide vital pieces
of information to the Congress which can be used in making laws. The attendance of persons in
inquiries in aid of legislation is mandatory because it goes to the very heart and soul of the work
of Congress. Without which, the Congress cannot perform its primary duty of making laws.
Q: What are the requirements for executive privilege?
A: Senate vs. Ermita
Q: What are the prohibitions of the president?

A:
1. Not receive any other emoluments from the government or nay other sources;
2. Not hold any or office or employment, unless provided in this Constitution;
3. Not directly or indirectly practice any other profession, participate in any business or be
financially ; Interested in any contract, franchise or special privilege.
4. Strictly avoid conflict of interest in the conduct of their office;
5. May not appoint spouse or relatives by consanguinity or affinity within the fourth civil degree
as members of constitutional commissions, office of the ombudsman, secretaries,
undersecretaries, chairman/head/bureaus/offices/GOCCs/Subsidiaries;
Q: What are the powers of the President?

A:
1. Executive Power
2. Power of Appointment
3. Power of Control
4. Military Powers
5. Pardoning Power

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6. Borrowing Power
7. Diplomatic Power
8. Budgetary Power
9. Informing Power
10. Others
a. Call Congress to special session
b. Power to approve or veto bills
c. Consent to deputation of government personnel by COMELEC
d. Discipline such deputies
e. Emergency powers, by delegation from Congress
f. General supervision over LGs and autonomous regional governments.
(Justice Leus: Laging tandaan, may tinatawag tayong residual power of the President.)
Justice Leus again: The President, upon whom the executive power is vested, has unstated
residual powers other than those expressly stated in the Constitution and which are implied from
the grant of executive power and which is necessary for her to comply with the duties of the
Constitution. The powers of the President are not limited to what are expressly enumerated in the
article on the Executive Department and in the scattered provisions of the Constitution. (Marcos
vs ManglapuS)
Justice Leus ulit: Tandaan ulit! All powers that are neither Legislative or Judicial are presumed
to be Executive.
Q: What is the appointing power?

A: It is the selection, by the authority vested with power, of an individual who is to exercise the
function of a given office.
Q: Who can be appointed by the president?

A:
1. The heads of the executive departments (requires confirmation from the COA)
2. Ambassadors, other public ministers and consuls. (requires confirmation from the COA)
3. Officers of the armed forces from the rank of colonel or naval captain (requires confirmation
from the COA)

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4. Those other officers whose appointments are vested in him by the Constitution. (requires
confirmation from the COA)
5. All other officers of the government whose appointments are not provided for by law (NO
confirmation from the COA)
6. Those whom he may be authorized by law to appoint. (NO confirmation from the COA)
Q: What are the usual steps in the appointing process?

A:
1. Nomination, which is made by the president
2. The confirmation, which is the prerogative of the Commission on Appointment and the
issuance of the commission done by the President
3. The issuance of the commission, also done by the President.
(This is only when the appointment is regular)
Q: What is ad interim appointment?

A: It is made during the recess and becomes effective then, subject to confirmation or rejection
later, during the next legislative session.
Q: What are the differences of regular and ad interim appointment?

A:
1. Regular appointment is made during the legislative session; ad interim appointment is made
during the recess
2. The regular appointment is made only after the nomination is confirmed by the commission on
appointments; the ad interim appointment is made before such confirmation
3. The regular appointment, once confirmed by the commission on appointment, continues until
the end of the term of the appointee; ad interim appointment shall cease to be valid if
disapproved by the commission on appointments or upon the next adjournment of the congress.
Q: What is the purpose of ad interim appointment?

A: It is intended to prevent a hiatus in the discharge of official duties.

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Q: Can the congress limit the President’s power of appointment?

A: Yes, by prescribing qualifications for public office.
Q: What is the concept of removal power?
A:
The President possesses the power of removal by implication from other powers expressly vested
in him.
1. It is implied from his power to appoint
2. Being executive in nature, it is implied from the constitutional provision vesting the executive
power in the President.
3. It may be implied from his function to take care that laws be properly executed; for without it,
his orders for law enforcement might not be effectively carried out.
4. The power may be implied from the President’s control over the administrative departments,
bureaus, and offices of the government. Without the power to remove, it would not be always
possible for the President to exercise his power of control.
Q: Is the removal powers of the president absolute?

A: As a general rule, the power of removal may be implied from the power of appointment.
However, the President cannot remove officials appointed by him where the Constitution
prescribes certain methods for separation of such officers from public service, e.g., Chairmen
and Commissioners of Constitutional Commissions who can be removed only by impeachment,
or judges who are subject to the disciplinary authority of the Supreme Court. In the cases where
the power of removal is lodged in the President, the same may be exercised only for cause as
may be provided by law, and in accordance with the prescribed administrative procedure.
Members of the career service. Members of the career service of the Civil Service who are
appointed by the President may be directly disciplined by him. (Villaluz v. Zaldivar) provided
that the same is for cause and in accordance with the procedure prescribed by law.

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Members of the Cabinet. Members of the Cabinet and such officers whose continuity in office
depends upon the President may be replaced at any time. (Legally speaking, their separation is
effected not by removal but by expiration of term.) (See Alajar v. CA)
Q: To what extent is the removal power?
A:
(1) Officers exercising purely executive functions where tenure is not fixed by law. (members of
the cabinet;
(2) officers exercising quasi-legislative (members of SEC);
(3) Removal only by impeachment;
(4) civil service officers – remove only for cause as provided by law.
Q: What is the Power to Control?
A: (sec.17) President shall have control of all: Executive Departments, Bureaus, Offices.
Control – power of an officer to alter, modify, set aside, or nullify what a subordinate had
done in the performance of his duties and to substitute the judgment of the former for that of the
latter.
Supervision – “overseeing or the power or authority of an officer to see that subordinate

officers perform their duties, and if the latter fail or neglect to fulfil them, then the former may
take such action or steps as prescribed by law; To ensure that the laws have been faithfully
executed.
Q: Control over what?

A: The power of control is exercisable by the President over the acts of his subordinates and not
necessarily over the subordinate himself. (Ang-angco v. Castillo) It can be said that the while the
Executive has
control over the “judgment” or “discretion” of his subordinates, it is the legislature which has
control over their “person.”

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Q: Doctrine of Qualified Political Agency

A: All executives and administrative organizations are adjuncts of the Executive department; the
heads of the various executive departments are assistant and agent of the Chief Executive; and
the acts of the secretaries, performed and promulgated in the regular course of business are,
unless disapproved or probated are presumptively the acts of the Chief Executive.
Q: Military powers:
A: (sec.18) Section 18 grants the President, as Commander-in-Chief, a sequence of graduated
powers. From the most to the least benign, these are: the calling out power, the power to suspend
the privilege of the writ of habeas corpus, and the power to declare martial law. (Sanlakas v.
Executive Secretary)
The power of the sword makes the President the most important figure in the country in times of
war or other similar emergency.336 It is because the sword must be wielded with courage and
resolution that the President is given vast powers in the making and carrying out of military
decisions.
The military power enables the President to:

1. Calling out power: Command all the armed forces of the Philippines;
Conditions:
(a) actual invasion or rebellion;
(b) public safety requires it .
**The only criterion is that “whenever it becomes necessary”
CASE: DAVID VS GMA
2. Suspend the privilege of the writ of habeas corpus
Grounds for suspension: invasion or rebellion, when public safety requires it.
Effects:
(a) proclamation does not affect the right to bail
(b) applies only to persons facing charges of rebellion
(c) persons arrested must be charged within 3 days; if not, they must be released
(d) Proclamation does not supersede civilian authority.

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3. Declare martial law; What is martial law?

Grounds for declaration: Invasion or rebellion
Effects:
(a) does not suspend operation of the Constitution
(b) does not supplant the functioning of civil courts or legislative assemblies
(c) does not authorize conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function
(d) does not automatically suspend the privilege of the writ.
Q: Limitations of Military Power

A:
(1) He may call out the armed forces to prevent or suppress lawless violence, invasion or
rebellion only.
(2) The grounds for the suspension of the privilege of the writ of habeas corpus and the
proclamation of martial law are now limited only to invasion or rebellion.
(3) The duration of such suspension or proclamation shall not exceed sixty days, following which
it shall be automatically lifted.
(4) Within forty-eight hours after such suspension or proclamation, the President shall personally
or in writing report his action to the Congress. If not in session, Congress must convene within
24 hours.
(5) The Congress may then, by majority votes of all its embers voting jointly, revoke his action.
The revocation may not set aside by the President.
(6) By the same vote and in the same manner, the Congress may, upon initiative of the President,
extend his suspension or proclamation for a period to be determined by the Congress if the
invasion or rebellion shall continue and the public safety requires extension.
(7) The action of the President and the Congress shall be subject to review by the Supreme Court
which
shall have the authority to determine the sufficiency of the factual basis of such action. This
matter is no longer considered a political question and may be raised in an appropriate
proceeding by any citizen. Moreover, the Supreme Court must decide the challenge within thirty
days from the time it is filed.

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(8) Martial law does not automatically suspend the privilege of the writ of habeas corpus or the
operation of the Constitution. The civil courts and the legislative bodies shall remain open.
Military courts and agencies are not conferred jurisdiction over civilians where the civil courts
are functioning.
(9) The suspension of the privilege of the writ of habeas corpus shall apply only to persons
facing charges of rebellion or offenses inherent in or directly connected with invasion.
(10) Any person arrested for such offenses must be judicially charged therewith within three
days. Otherwise shall be released.
Q: Way to lift the proclamation or suspension?

A: (a) lifting by the President himself
(b) Revocation by Congress
(c) Nullification by the Supreme Court
(d) By operation of law after 60 days
The distinction must be drawn between the Presidents’ authority to declare “a state of national
emergency” and to exercise emergency powers. The exercise of emergency powers, such as
taking of privately-owned public utility or business affected with public interest under Art. 12
sec. 17, requires a delegation from Congress (David v. Arroyo)
Q: What is Pardoning power?

A: (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.”
Q: What are the acts of clemency?
A:
(1) Pardon – act of grace which exempts the individual from punishment that the law inflicts
upon the crime he has committed.
(2) Commutation – reduction or mitigation of penalty
(3) Reprieve – postponement of sentence/ stay of execution
(4) Parole – release from imprisonment but still in custody of law although not in confinement

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(5) Amnesty – act of grace, with concurrence of legislature, usually extended to group of puts
into oblivion the offense itself
** Discretionary exercise by the President
** Cannot be controlled by the legislature or reversed by courts unless there is a
constitutional violation.
Limitations:
1. Cannot be granted in cases of impeachment
2. Cannot be granted in cases of violation of election offenses without favourable
recommendation of COMELEC
3. Cannot be granted in cases of legislative contempt or civil contempt
4. Cannot absolve civil liability
5. Cannot restore public offices forfeited
Exceptions: On consideration of justice and equity, entitled to reinstatement
6. Only after conviction of final judgement
Q: What are the effects of pardon?

A:
1. Removes penalties and disabilities and restores him to his full civil and political rights.
2. It does not discharge the civil liability.
3. It does not restore offices, property or rights vested in other in consequence at the conviction.
Q: What are the classification of pardon?

A:
1. Plenary- Extinguish all the penalties imposed upon the offender, including accessory
disabilities
2. Partial- Does not extinguish the penalties imposed
3. Absolute pardon- is one extended without any strings attached, so to speak. The pardonee has
no option at all and must accept it whether he likes it or not.
4. Conditional Pardon- Is one under which the convict is required to comply with certain
requirements. The offender has the right to reject it since he may feel that the condition imposed

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is more onerous than the penalty sought to be remitted.
Q: What is the difference of amnesty and pardon?

A:
Amnesty Pardon
1. Addressed to political offenses Infractions of peace of the state
2. No need for distinct acts of acceptance Acceptance is needed
3. Concurrence by congress Private act of the President
4. Public act which courts may take judicial Private act which must be pleaded and proved
notice Looks forward and relieves pardonee of the
5. Looks back and puts into oblivion the consequence of the offenses
offense itself
Q: What is borrowing power?

A: According to section 20. The President may contract or guarantee foreign loans on behalf of
the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to
such limitation as may be provided by law.
Q: What is diplomatic power?

A: According to section 21. No treaty or international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the members of the senate.
Q: What is budgetary power?

A: According to section 22. The President shall submit to the Congress within 30 days from the
opening of every regular session, as the basis of the general appropriation bill, a budget of
expenditures and sources of financing, including receipts from existing and proposed revenue
measures.
Q: What is informing power?

A: According to section 23. The President shall address the Congress at the opening of its regular
session. He may also appear before it any other time.

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SUPPLEMENTAL NOTES
Limpot Notes in Constitutional Law 1
Executive Department and Powers of the President
Q: What are the prohibitions/inhibitions applicable to the President?
A: 1. Prohibition against the change of the President’s salary either by reduction or increase
during his/her term
- “The salaries of the President and Vice-President shall be determined by law and shall
not be decreased during their tenure. No increase in said compensation shall take effect
until after the expiration of the term of the incumbent during which such increase was
approved.” (Art. VII, Sec. 6)
2. Prohibition against receiving emoluments from the government or any other source during
the President’s tenure
- emolument – refers to any compensation received for services rendered or from possession
of an office
- This means that the President cannot accept other employment elsewhere, whether in the
government or in the private sector, and must confine himself/herself to the duties of his/her
office. (Note that the Vice-President may be appointed to the Cabinet but he/she may not
receive additional compensation in his/her capacity as Member of the Cabinet because of the
ABSOLUTE prohibition in Art. VII, Sec. 6.
3. Prohibition against holding any other office or employment during his/her tenure
- “The President, Vice-President, the Members of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this Constitution, hold any other office or employment
during their tenure.” (Art. VII, Sec. 13)

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- This inhibition is in line with the principle that a public office is a public trust and should
not be abused for personal advantage.
- - Except for the Vice-President who may be appointed to the Cabinet, and the Secretary of
Justice who is made ex officio member of the Judicial and Bar Council, the officials
enumerated in Section 13 may not hold another office. But they may be given additional
functions which are intimately related to their primary office. Such conferment of additional
functions does not constitute a new appointment. Congress may increase the power and
duties of an existing office without thereby rendering it necessary that the incumbent should
again be nominated and appointed. Incidentally, when an Undersecretary sits for a Secretary
in a function for which the Secretary may not receive additional compensation, the
prohibition on the Secretary also applies to the Undersecretary. It should also be noted that
the stricter prohibition is imposed on “Members of the Cabinet”. It therefore applies not just
to department secretaries, but to anyone who is a Member of the Cabinet even if he/she is not
a head of a department.
4. Prohibition against practicing any other profession, participating in any business, or being
financially interested in any contract with, or in any franchise, or special privilege granted by
the Government
- “They shall not, during said tenure, directly or indirectly practice any other profession,
participate in any business, or be financially interested in any contract with, or in any
franchise, or special privilege granted by the Government or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.” (Art.
VII, Sec. 13)
- This will discontinue the lucrative practice of Cabinet members occupying seats in the
boards of directors of affluent corporations owned or controlled by the government from
which they derive substantial income in addition to their regular salaries.
- Prohibited participation in a contract with the government can include being a member of a
family corporation which has dealings with the government
- Reasons for the prohibition:
(1) to avoid conflict of interest; and
(2) to force the officials to devote full time to their official duties.

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5. Prohibition against nepotism

- “The spouses and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not during his tenure be appointed as Members of the Constitutional
Commission, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen
or heads of bureaus or offices, including government-owned or controlled corporations and
their subsidiaries.” (Art. VII, Sec. 13)
- This is essentially an anti-nepotism provision which even in statutes normally goes up to
the fourth degree of consanguinity or affinity. If fourth degree relatives, however, are already
in office when a President assumes office, the relatives are not thereby ousted from their
positions. What is prohibited is appointment or reappointment and not uninterrupted
continuance in office.
6. Prohibition against conflict of interest

- “They shall strictly avoid conflict of interest in the conduct of their office.” (Art. VII, Sec.
13)
*Beyond the constitutional prohibitions there also is the rule on incompatible offices. Thus,
since the Chief Presidential Legal Counsel has the duty of giving independent and impartial
legal advice on the actions of the heads of various executive departments and agencies and to
review investigations involving other presidential appointees, he may not occupy a position
in any of the offices whose performance he must review. Such would involve occupying
incompatible positions. Thus, he cannot be Presidential Commission on Good Government
(PCGG) Chairman and at the same time head of the PCGG since the PCGG answers to the
President.
Q: What is a Cabinet?
A: It is an extra-constitutionally created institution which essentially consists of the heads of
departments who through usage have formed a body of presidential advisers who meet regularly

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with the President. Although they are the principal officers through whom the President executes
the law, the President, through his/her power of control over them and his/her power to remove
them at will, remains the chief of administration. Cabinet members as individuals and the
Cabinet as institution possess no authority over the President. They serve at the behest and
pleasure of the President.
Q: What do you mean by ex-officio?

A: The term ex-officio means “from office; by virtue of office.” It refers to an “authority derived
from official character merely, not expressly conferred upon the individual character, but rather
annexed to the official position.” Ex-officio likewise denotes an “act done in an official character,
or as a consequence of office, and without any other appointment or authority than that conferred
by the office.” An ex-officio member of a board is one who is a member by virtue of his title to a
certain office, and without further warrant or appointment. (Example: By express provision of
law, the Secretary of Transportation and Communications is the ex-officio Chairman of the
Board of the Philippine Ports Authority, and the Light Rail Transit Authority.
The prohibition against holding any other office must not be construed as applying to posts
occupied by the executive officials without additional compensation in an ex-officio capacity as
provided by law and as required by the primary functions of the said official’s office. The reason
is that the posts do not comprise “any other office” within the contemplation of the constitutional
prohibition, but properly an imposition of additional duties and functions on said officials. To
illustrate, the Secretary of Transportation and Communications is the ex officio Chairman of the
Board of Philippine Ports Authority. The ex officio position being actually and in legal
contemplation part of the principal office, it follows that the official concerned has no right to
receive additional compensation for his services in said position. The reason is that these services
are already paid for and covered by the compensation attached to the principal office. (National
Amnesty Commission v. COA, 2004)
Q: Distinguish executive privilege (presidential immunity from suit) from legislative

privilege (privilege from arrest and privilege of speech and debate).
A: The President is immune from suit during his/her tenure while Congressmen have the
privilege from arrest and the privilege of speech and debate while the Congress is in session.

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The Constitution does not expressly provide for the immunity of the President. It is a necessary
corollary of the fact that in a presidential system, the presidency includes many other functions
than just being executive. The president is the [symbolic and] ceremonial head of the
government of the [Philippines].
*session – refers to the entire period from the Congress’ initial convening until its final
adjournment
Rules on Immunity during Tenure

1. The President is immune from suit during his/her tenure.
2. An impeachment complaint may be filed against the President.
3. The President may not be prevented from instituting suit.
4. The President may waive the presidential immunity.
5. Heads of departments cannot invoke the presidential immunity.
Rules on Immunity after Tenure

Once out of office, even before the end of the six year term, immunity for non-official acts is
lost. Such was the case of Joseph Estrada. (See Bernas Commentary, p 804 (2003 ed.) It could
not be used to shield a non-sitting President from prosecution for alleged criminal acts done
while sitting in office. (Estrada v. Disierto; See Romualdez v. Sandiganbayan)
Note: In David v. Arroyo, the Court held that it is improper to implead President Arroyo as
respondent. However, it is well to note that in Rubrico v. Arroyo, Min. Res., GR No, 180054,
October 31, 2007, the Supreme Court ordered the respondents, including President Arroyo, to
make a return of the writ: “You, respondents President Macapagal Arroyo….are hereby required
to make a return of the writ before the Court of Appeals…”
Reasons for the Presidential Immunity

1. Separation of powers
- The separation of powers principle is viewed as demanding the executive’s independence from
the judiciary, so that the President should not be subject to the judiciary’s whim.

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2. Public convenience
- By reason of public convenience, the grant is to assure the exercise of presidential duties and
functions free from any hindrance or distraction, considering that the Chief Executive is a job
that, aside from requiring all of the office-holder’s time, also demands undivided attention.
(Soliven v. Makasiar)
* “The President during his tenure of office or actual incumbency, may not be sued in ANY civil
or criminal case. It will degrade the dignity of the high office of the President, the Head of State,
if he can be dragged into court litigations while serving as such.” (David vs. Ermita)
Q: What is executive power?

A: It is the power to enforce and administer the laws.
Q: To whom is executive power vested?

A: It is vested in the President of the Philippines.
Q: What are the characteristics of executive power?

A: It is plenary and complete.
Q: What are the powers of the president (powers vested by the Constitution)?
A: (1) Appointing power
(2) Removal power
(3) Control power
(4) Power to take care that the laws be faithfully executed
(5) Military power
(6) Pardoning power
(7) Borrowing power
(8) Diplomatic power
(9) Budgetary power
(10) Informing power

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(11) Other powers – power to call the Congress to special session, power to approve or veto
bills, power to consent to the deputization of government personnel by the Commission on
Elections and to discipline its deputies, power to exercise emergency and tariff powers
Q: What are those powers of the President not vested by the Constitution?
A: Residual powers which are those which are implicit in and correlative to the paramount duty
residing in that office to safeguard and protect general welfare. (See the case of Marcos vs.
Manglapus)
Q: What is the appointing power?

A: Appointment is the selection, by the authority vested with the power, of an individual who is
to exercise the functions of a given office.288 It is distinguished from designation in that the
latter simply means the imposition of additional duties, usually by law, on a person already in the
public service. It is also different from the commission in that the latter is the written evidence of
the appointment.
Q: What are the limitations on the appointing power?

A:
Section 14. Appointments extended by an Acting President shall remain effective, unless
revoked by the elected President within ninety days from his assumption or reassumption of
office.
Section 15. Two months immediately before the next presidential elections and up to the end of
his term, a President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety.
Special Limitations
1. (Anti-Nepotism Provision) The President may not appoint his spouse and relatives by
consanguinity or affinity within the fourth civil degree as Members of the Constitutional

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Commission, as Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of Bureaus

or offices, including government owned-or-controlled corporations. (Section 13)
2. Appointments extended by an acting President shall remain effective unless revoked by the
elected President within 90 days from his assumption of office. (Section 14)
3. (Midnight Appointments) 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 for
temporary appointments to executive positions when continued vacancies therein will prejudice
public service or endanger public safety. (Section 15)
4. The President shall have the power to make appointments during the recess of the Congress,
whether voluntary or compulsory, but such appointments shall be effective only until disapproval
by the CA or until the next adjournment of Congress. (Section 16 par. 2)
Rule [Section 15] applies in the appointments in the Judiciary. Two months immediately
before the next presidential elections and up to the end of his term, a President or Acting
President shall not make appointments, except temporary appointments to executive positions
when continued vacancies therein will prejudice public service or endanger public safety. Since
the exception applies only to executive positions, the prohibition covers appointments to the
judiciary.305 During this period [2 months immediately before the next presidential elections…],
the President is neither required to make appointments to the courts nor allowed to do so. Section
4(1) and 9 of Article VIII simply mean that the President is required by law to fill up vacancies
in the courts within the same time frames provided therein unless prohibited by Section 15 of
Article VII. While the filing up of vacancies in the judiciary is undoubtedly in the public interest,
there is no showing in this case of any compelling reason to justify the making of the
appointments during the period of the ban. (In Re Appointment of Mateo Valenzuela, 1998)
Provision applies only to presidential appointments. The provision applies only to presidential
appointments. There is no law that prohibits local executive officials from making appointments
during the last days of their tenure. (De Rama v. CA)
Other Limitations:

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College of Law
1. The presidential power of appointment may also be limited by Congress through its power to
prescribe qualifications for public office.
2. The judiciary may annul an appointment made by the President if the appointee is not
qualified or has not been validly confirmed.
Q: Is the appointing power vested exclusively in the Executive Department?

A: No. The Legislature and the Judiciary can also appoint but only over their own personnel, that
is, within their department.
Q: Who among those appointed do not need confirmation from the Commission on
Appointments?
A: Other officers lower in rank (Art. VII, Sec. 16, third sentence of first paragraph)
Significance of the phrase “the President alone”. Alone means to the exclusion of the courts,
the heads of departments, agencies, commissions or boards. Appointing authority may also be
given to other officials. Thus, Section 16 says: “The Congress may, by law, vest the
appointment of other officers lower in rank in the President alone, in the courts, or in the heads
of departments, agencies, commissions, or boards.” In Rufino vs. Endriga this was interpreted to
mean that, when the authority is given to collegial bodies, it is to the chairman that the authority
is given. But he can appoint only officers “lower in rank,” and not officers equal in rank to him.
Thus a Chairman may not appoint a fellow member of a Board. (SEE SARMIENTO VS.
MISON FOR SIGNIFICANCE OF THE WORD “ALONE”)
Q: Who need consent from the Commission on Appointments?

A:
1. Heads of executive departments

2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from rank of colonel or naval captain
4. Those other officers whose appointments are vested in him in the Constitution. (Sarmiento v.
Mison) (Note: Although the power to appoint Justices, judges, Ombudsman and his deputies is

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College of Law
vested in the President, such appointments do not need confirmation by the Commission on
Appointments)
Why from rank of colonel. The provision hopefully will have the effect of strengthening
civilian supremacy over the military. To some extent, the decision of the Commission was
influenced by the observation that coups are generally led by colonels.
Military officers. The clause “officers of the armed forces from the rank of colonel or naval
captain” refers to military officers alone. Hence, promotion and appointment of officers of
Philippine Coast Guard which is under the DOTC (and not under the AFP), do not need the
confirmation of Commission on Appointments. (Soriano v. Lista, 2003) Also, promotion of
senior officers of the PNP is not subject to confirmation of CA. PNP are not members of the
AFP. (Manalo v. Sistoza, 1999)
Chairman of Commission on Human Rights (CHR). The appointment of the Chairman of the
CHR is not provided for in the Constitution or in the law. Thus, there is no necessity for such
appointment to be passed upon by the Commission on Appointments. (Bautista v. Salonga)
Q: What is the concept of removal power?

A:
The President possesses the power of removal by implication from other powers expressly vested
in him.
1. It is implied from his power to appoint

2. Being executive in nature, it is implied from the constitutional provision vesting the executive
power in the President.
3. It may be implied from his function to take care that laws be properly executed; for without it,
his orders for law enforcement might not be effectively carried out.
4. The power may be implied from the President’s control over the administrative departments,
bureaus, and offices of the government. Without the power to remove, it would not be always
possible for the President to exercise his power of control.

Aquino
BTX
College of Law
As a general rule, the power of removal may be implied from the power of appointment.
However, the President cannot remove officials appointed by him where the Constitution
prescribes certain methods for separation of such officers from public service, e.g., Chairmen
and Commissioners of Constitutional Commissions who can be removed only by impeachment,
or judges who are subject to the disciplinary authority of the Supreme Court. In the cases where
the power of removal is lodged in the President, the same may be exercised only for cause as
may be provided by law, and in accordance with the prescribed administrative procedure.
Members of the career service. Members of the career service of the Civil Service who are
appointed by the President may be directly disciplined by him. (Villaluz v. Zaldivar) provided
that the same is for cause and in accordance with the procedure prescribed by law.
Members of the Cabinet. Members of the Cabinet and such officers whose continuity in office
depends upon the President may be replaced at any time. (Legally speaking, their separation is
effected not by removal but by expiration of term.) (See Alajar v. CA)
Cases:
1. Marcos vs. Manglapus (Residual powers)
2. Sarmiento vs. Mison (Significance of the word “alone” in the third sentence of the first
paragraph of Art. VII, Sec. 16)
*Memorize Art. VII, Sec. 16
Judicial Department
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Q: Who Is A Natural Born Citizen?

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San Beda College-Manila

Q: Who is a natural born citizen?

Q: who is a naturalized citizen?

Q: What is an executive privilege?

Q: How is the President elected?

Q: What are the powers of Vice-President?

BTX Notes in Constitutional Law 1

Q: What are the privileges of the President?

Q: Question hour vs. Inquiry on aid of legislation.

Q: What are the prohibitions of the president?

Q: What are the powers of the President?

BTX Notes in Constitutional Law 1

Q: What is the appointing power?

Q: Who can be appointed by the president?

BTX Notes in Constitutional Law 1

Q: What are the usual steps in the appointing process?

Q: What is ad interim appointment?

Q: What are the differences of regular and ad interim appointment?

Q: What is the purpose of ad interim appointment?

BTX Notes in Constitutional Law 1

Q: Can the congress limit the President’s power of appointment?

Q: What is the concept of removal power?

Q: Is the removal powers of the president absolute?

BTX Notes in Constitutional Law 1

Q: To what extent is the removal power?

Q: What is the Power to Control?

Supervision – “overseeing or the power or authority of an officer to see that subordinate

Q: Control over what?

BTX Notes in Constitutional Law 1

Q: Doctrine of Qualified Political Agency

The military power enables the President to:

BTX Notes in Constitutional Law 1

3. Declare martial law; What is martial law?

Q: Limitations of Military Power

BTX Notes in Constitutional Law 1

Q: Way to lift the proclamation or suspension?

Q: What is Pardoning power?

BTX Notes in Constitutional Law 1

Q: What are the effects of pardon?

Q: What are the classification of pardon?

BTX Notes in Constitutional Law 1

is more onerous than the penalty sought to be remitted.

Q: What is the difference of amnesty and pardon?

Q: What is borrowing power?

Q: What is diplomatic power?

Q: What is budgetary power?

Q: What is informing power?

BTX Notes in Constitutional Law 1

Limpot Notes in Constitutional Law 1

Executive Department and Powers of the President

Q: What are the prohibitions/inhibitions applicable to the President?

BTX Notes in Constitutional Law 1

BTX Notes in Constitutional Law 1

5. Prohibition against nepotism

6. Prohibition against conflict of interest

BTX Notes in Constitutional Law 1

Q: What do you mean by ex-officio?

Q: Distinguish executive privilege (presidential immunity from suit) from legislative

BTX Notes in Constitutional Law 1

Rules on Immunity during Tenure

Rules on Immunity after Tenure

Reasons for the Presidential Immunity