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 judgement. He shall also have the power to grant amnesty with the concurrence of the majority of all the Members of the Congress.

Pardoning power. The power to grant pardon and other acts of clemency to violators of the law is traditionally vested in the Chief Executive of the nation. The Constitution gives this power to the President in the above provision. This power cannot be taken away from him nor can the exercise thereof be subject to limitations or condition beyond those provided by the Constitution. Neither may the courts inquire into the wisdom or reasonableness of the pardon granted by the President. His discretion in absolute. The pardoning power extends to all offenses, including criminal contempt (disrespect to or disobedience to a court which amounts to a crime). It does not give the President the power to exempt, except from punishment, anyone from thw law.

Meaning of reprieve and suspension of sentence. Reprieve- is the postponement of the execution of a death sentence to a certain date. Suspension of sentence- is the postponement of a sentence for an indefinite time. Meaning of commutation. Commutation- is the reduction of the sentence imposed to a lesser punishment, as from death to life imprisonment. It may granted without the acceptance and even against the will of the convict. Meaning of pardon Pardon- is an act of grace proceeding from the power entrusted with the execution of the laws(president) which exempts the individual on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.

Object of pardoning power Executive clemency exists to afford relief from undue harshness or evident mistake in the operation or enforcement of the criminal law. The administration of justice by the courts is not necessarily always wise or certainly considerate of circumstances which may properly mitigate guilt. To afford a remedy, it has always been thought essential in popular(democratic) governments, as well as in monarchies, to vest, insome authority other than courts, the power to ameliorate or avoid particular judgements.

Kinds of pardon.

Absolute when is not subject to any condition whatsoever. It becomes effective when made. Conditional when it is given subject to any condition or qualification the President may see fit. It must be accepted by the offender to become effective.

Limitations upon pardoning power. They are the FF: 1. It may not be exercised for offense in impeachment cases. 2. It may be exercised only after conviction by final judgement. 3. It may not be exercised over civil contempt( as for refusing to answer a proper question when testifying as a witness in a case). 4. In case of violation of election law or rules and regulations, no pardons, parole, or suspension of sentence may be granted without the recommendation of the commission on elections. Effects of pardon. They are the FF: 1. It removes penalties and disabilities and restores him to his full civil and political rights. 2. It does not discharge the civil liability of the convict to the individual he has wronged as the President has no power to pardon a private wrong.

3. It does not restore offeices, property, or rights vested in others in consequence of the conviction. Under our law, a pardon shall not work the restoration of the right to hold public offices or the right of suffrage unless such right be expressly restored by the terms of the pardon. Remission of fines and forfeitures. The President has the power to remit fines and forfeitures for all offenses after final conviction. This power may not be exercised by any officer other than the President. But Congress may constitutionally authorize other officers such as heads of department or bureau chiefs to remit administrative fines and forfeitures. Remissions prevents the collection of fines or the confiscation of forfeited property. The power of the President is limited to fines or forfeitures as have not been vested in third parties, or paid into the treasury of the government, as funds cannot be paid out of the treasury without authority of Congress.

Meaning of amnesty Amnesty- is an act of sovereign power granting oblivion or a general pardon for past offense usually granted in favour of certain classes of persons who have committed crimes of a political character, such as treason, sedition, or rebellion.

Effect of amnesty Amnesty abolishes and puts into oblivion the offense of which one is charged, so that the person released by amnesty satands before the law precisely as though he had committed no offense. Pardon and amnesty distinguished. The distinctions are: 1. Pardon is granted by the President alone after conviction, while amnesty, with concurrence of Congress before or after conviction.
2. Pardon is an act of forgiveness, i.e., it relieves the offender from consequences

of the offense, while amnesty is an act of forgetfulness, i.e., it puts into oblivion the offense of which one is charged so that the person released by amnesty stands in the eyes of the law as if he had never committed the offense.

3. Pardon is granted for infractions of the peace of the state, while amnesty, for crimes against the sovereignty of the State(i.e., political offenses) 4. Pardon is a private act of a President which must be pleaded and proved by the person who claims to have been pardoned, because the courts take ni judicial notice thereof, while amnesty by proclamation of the President with the concurrence o Congress is a public act of which the courts will take judicial notice.

section20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year , submit to the Congress a complete report of its decision on applications for loans to be contracted or guaranteed by the government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

Authorities to contract guarantee foreign loans.

(1) Exclusive executive function The president may contract loans on behalf of

the Republic of the Philippines without the need of prior congressional approval. When obtained by private persons, natural or juridical, he may guarantee such loans. There is possibly no official better Qualified to enter into such negotiation than the President. He is the official best supplied with information as well as with executive and legislative assistance to determine

the advisability of obtaining loans as well as the countrys capacity for making good use of such credit.
(2) Concurrence of monetary Board required The authority of the President is

not absolute. The contract or guarantee must be with the prior concurrence of the Monetary Board of the Central Bank now, Bangko Sentral ng Pilipinas (BSP), which is required to make a report to Congress containing the matters mentioned. The prior concurrence of the Monetary Board is required because, as the custodian of the foreign reserves of the country, it has the expertise to determine the reasonableness of the contract or guarantee and whether the proposed foreign loan is within the capacity of the country to pay. The report will guide Congress in the enactment of whatever legislation it may deem necessary to protect the national interest.

In the past, huge foreign loans were contracted or guaranteed by the government even against the advice of the Monetary Board with disastrous consequences to the economy. Many domestic private firms with borrowings from overseas sources heavily backed up by government guarantees defaulted on their obligations.

(3) Checks by Congress- The reasons for not requiring congressional approval

for foreign loans are . The loans urgently needed by the country may no longer be available when concurrence which usually take some time is finally obtained. An obstructionist Congress could withhold approval for political reasons.

However, as a check on executive power, Congress nay, by law, place limitations on its exercise and make the necessary investagations in aid of legislation (see ART. VI, sec. 21) if belives that the borrowing based on the Monetary Board report is not justified. It has the power to determine the organization and composition of the Monetary Board. (see Ibid., sec.20) . Furthermore, an appropriations law is needed to pat out of the treasury a foreign loan. (see ArT. VI, sec. 29(1).)

Note that Section 20 speaks only on foreign loans. With respect to domestic loans, the prior concurrence of the Monetary Board is not necessary unless required by law.

Section21- No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all Members of the Senate.

Meaning of treaty.

Treaty may be defined as a compact made between two or more states, including international organizations of states, intended to create binding rights and obligations upon the parties thereto. Thus, a treaty may be bilateral or multilateral. It is also known as a pact, convention, or character.

Distinguished from international agreement and executive agreement.

The phrase or international agreement has been inserted in order to preclude any ambiguity in view of the technical meaning that the word treaty has acquired in contemporary international law as an international agreement between states. This definition excludes agreements entered into between states and international organizations. Hence,the need to introduce the phrase as among those requiring the concurrence of the Senate.

However, the phrase does not cover executive agreements which have been traditionally recognized in the Philippines to be well within the prerogative of the President to make without need for legislative concurrence. In the Philippines, the amendments to the 1947 U.S- Philippines Military Bases Agreement were affected by means of an executive agreement.

Executive agreements, however, serve a useful purpose and our courts recognize the power of the President to enter into them without Senate concurrence.

Steps in treaty- making.

There are two general steps in the entire treaty making process namely:

(1) Negotiation In the field of negotiation, the President alone has the sole

authority. The reason is that secrecy, dispatch, and access to information are essential ingredients in this task which the President alone possesses. Premature disclosures of confidential information may not only cause serious embarrassment but may likewise imperil the successful accomplishment of the negotiations.
(2) Approval or ratification As a general rule, no treaty or international

agreement shall be valid and effective unless concurred in by at least 2/3 of all members of the Senate. This is only logical, treaties and international agreements being part of the law of the land and they affect out international relations, being in the nature of a contract between the parties.

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 appropriations bill, a budget of the expenditures and sources of financing, including receipts from existing and proposed revenue measures.

Budgetary power of the President.

The Preseident is entrusted by the Constitution with the task of preparing the budget of receipts and expenditures based on existing and proposed revenue measures and other sources of financing (e.g., loans) and submitting to Congress within 30 days from the opening of each regular session. The budget thus submitted shall be the basis of the general appropriations act to be enacted by the Congress for the following year.

The constitutional mandate requiring Congress to consider first the budget reverses the pactice of the old Congress which yearly took up the budget not at the beginning but at the end of the legislative year.

Section 23 The president shall address the Congress at the opening of its regular session. He may also appear before it at any other time.

Prerogative to address and appear before Congress.

This provision furnishes an opportunity on the part of the President at the opening of the regular session of Congress to give information on the state of the nation and to recommend to the consideration of the legislative body such measures as he may deem necessary and proper. Such measures are, of course, merely proposals. They have no binding effect until enacted by the Congress. The address may also contain guidelines of national policy.

The president may appear before Congress at any other time he may choose after the opening of its regular session.