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PRINCIPLES 1. The Philippines as a democratic and republican state. Why was democratic added to republican? Read: Tolentino vs.

Commission on Elections, 420 SCRA 438(2004); 2. Essential features and manifestations of republicanism 3. Renunciation of war ; Incorporation Clause; Sec. 2 Section 2. a. Aggressive war vs. defensive war b. Incorporation vs. Transformation; hard law vs. soft law, meaning of generally accepted principles of international law Pharmaceutical and Health Care Assn. vs. Duque, GR 173034, 10/9/07 c. Incorporation Clause and related matters Kuroda v. Jalandoni, 83 Phil 171 Agustin v. Edu, 88 SCRA 195 ISAE vs. QUISUMBING, 333 SCRA 13 On UN Declaration of Human Rights Mejoff v. Director of Prisons, 90 Phil. 70 Salonga v. Hermoso, 97 SCRA 121 Mijares v. Raada, 455 SCRA 397 (2005) Shangri-la v. Developers Group of Companies, Inc., 486 SCRA 405 (2006). Government of Hongkong Special Administrative Region v. Olalia, 521 SCRA 470 (2007) c. IN CASE OF CONFLICT, WHICH SHOULD PREVAIL ? Treaty or Constitution or law ? SEE ruling in Balikatan 02-1 in LIM et al. Vs. Exec. Sec., GR 15445, 4/11/02 Section 3. a. The President as Commander in chief b. READ Sec 18, Art. VII-c. Civilian supremacy-not diminished by calling the marines to maintain peace and order or suppress violence (IBP vs. ZAMORA, 338 SCRA 81 d. role of the military Section 4. a. Refusal to enlist (P. V. Lagman, 66 Phil 13 [1913]) Section 5. Section 6. The separation of Church and State shall be inviolable. a. Correlative provisions 1). Sec. 5, Art. III-non establishment/free exercise and religious test 2). Sec. 28(3) Art. VI-tax exempt 3). Sec. 29 (2) Art. VI-non appropriation clause 4). Par C, 2 (5), Art. IX-religious party 5). Sec. 3(3) Art. XIV-optional religious instructions in public schools b. READ: Aglipay v. Ruiz, 64 Phil 201 (1) benevolent neutrality or accommodation, whether mandatory or permissive, is the spirit, intent and framework underlying the religion clauses in our Constitution; and (2) in deciding respondents plea of exemption based on the Free Exercise Clause (from the law with which she is administratively charged), it is the compelling state interest test, the strictest test. (Estrada vs. Escritor, 492 SCRA 1(2006) SECTION 7. Independent foreign policy What is the consideration for foreign relations? SECTION 8. Nuclear-free Philippines. a. What is the meaning of the policy? Section 9. Just and dynamic social order. Section 10. Social Justice a. Read: Article XIII

b. Social Justice: Definition & Concept-Calalang v. Williams, 70 Phil 726; Alalayan v. NPC, 24 SCRA 172; Tuazon v. Land Tenure, 31 SCRA 413 c. Social justice, tempered-Astudillo v. Board, 73 SCRA 15 [1976] Salonga v. Farrales, 105 SCRA 359, 369[1981] d. Compare the Social Justice provisions under the 1935, 1973, 1987 Constitutions Section 11. Dignity of Every Human Person. READ: Article XIII, Sec. 17-19 Section 12. Sanctity of Family Life. a. READ: Article XV b. The family (Cabanas v. Pilapil, supra) c. The unborn-limitation to abortion to avoid application of Roe v. Wade, 4410 US 113 [1973] d. Rearing of the youth-as primary and natural right and duty of parents Meyer v. Nebraska, 260 US 260 [1922] Pierce v. Society of Sisters, 268 US 510 [1925] Ginsberg v. New York, 390 US 629 [1968] Wisconsin v. Yoder,106 US 205 [1972] Angeles v. Judge Sison, 112 SCRA 26 [1982] Section 13. Rle of Youth in Nation-Building (People v. Ritter, 194 SCRA 690) Section 14. Equality of Men and Women. See: Sec. 14 of Article XIII Section 15. Health of People. See: Article XIII, Secs. 11-13 (social justice provisions) Construction of high voltage electric transmission lines may be enjoined - HERNANDEZ et al., v. NPC, GR. 145328, 3/23/06 Section 16. Healthful Ecology. An enforceable right (Oposa v. Factoran, 7/30/93) which can be enforced by Mandamus(MMDA v. Concerned Residents of Manila Bay, 643 SCRA 90 [2011] Section 17. Priority to Education. (read also Article XIV) Section 18. Labor. See: Sec. 3 Article XIII Section 19. Economy controlled by Filipinos. READ: Article XII-National Economy and Patrimony b. Meaning of self-reliant and independent: not in isolation (Tanada v. Angara, 5/2/97) Section 20. Role of Private Sector. LET ALONE POLICY Marine Radio v. Reyes, 11/6/90 (on role of private sector) Section 21. Rural and Agrarian Reform. READ: Sec. 4-10 of Article XIII PD 27, RA 3844 and 6389, CARP (RA 6657, as extended by CARPer, RA 9700) Section 22. Indigenous Cultural Community See: Article X, XII, XIV and XVI Read: IPRA LAW, RA 8371 CRUZ & EUROPA vs. DENR, 347 SCRA 128, GR 135385, 12/6/00 Section 23. Non-governmental Organization. See: Sec. 15 & 16 of Article XIII Section 24. Role of Communication in NationBuilding. See Article XVI, Secs. 10 and 11 Section 25. Autonomy of Local Governments. Read: Article X 1991 Local Government Code; its features on autonomy Section 26. Prohibition of Politicl Dynasties. Not self-executing; nuisance candidates PAMATONG vs. COMELEC, G.R. No. 161872, April 13, 2004 Note: the bill of political dynasty remains a bill in Congress

Section 27. Against Graft and Corruption. Read: Article XIon Accountability of Public Officers Section 28. Full Public Disclosure. (EO 464) SENATE vs. ERMITA, GR No. G.R. No. 169777, April 20, 2006, Read: Sec. 7 Art. III- Right to information and access to official records The right to information guarantees the right of the people to demand information, while Section 28 recognizes the duty of officialdom to give information even if nobody demands. THE PROVINCE OF NORTH COTABATO vs. GRP PEACE PANEL ON ANCESTRAL DOMAIN, G.R. No. 183591, October 14, 2008. ARTICLE VI. LEGISLATIVE DEPARTMENT Separation of Powers A. To avoid concentration of powers/authority B. Sample cases on separation of powers: Planas v. Gil, 67 Phil 62 Santiago/Tatad v. Guingona, 11/18/98 Garcia v. Macaraig, 39 SCRA 106 Dolalas v. Ombudsman, 12/24/96 Power of Investigation vs. Executive Privilege- SENATE OF THE PHIL. et al., vs. ERMITA, GR No. 169777, April 20, 2006constitutionality of EO 464 ABAKADA GURO PARTY LIST vs. HON. CESAR V. PURISIMAon joint congressional oversight committee to approve executive implementing rules C. Blending of powers instances: appointment, amnesty, appropriation, ratification of treaties D. Principle of Checks and Balances legislative power- spending power, confirmatory power, treaty ratification executive power- veto, appointment, clemency judicial power judicial review ARTICLE VI. Legislative Department. Section 1. Powers of Congress legislative and non legislative 1) Legislative power-defined a) kinds- original/derivative constituent/ordinary 2) Basic Concepts of legislative power a) no passage of irrepealable laws including imposition of a higher majority for its repeal KIDA v. SENATE, 659 SCRA 270 b) separation of powers c) non-delegability 3) Nature-inherent 4) Limits to legislative power a) Substantive b) Procedural 5) Substantive limitations i) Express limitations- Constitutional limitations ii) Implied limitation-(1) Principle of Non-delegation (delegata potestas non delegari potest) (a) corollary to separation of powers (b) applies to the three(3) powers of government (c) And ALSO to grant of legislative franchise Jaworksi vs. PAGCOR and SAGE, GR No. 144463, 1/4/04 iii) Permissive Delegation of Legislative Power (1) Delegations provided under the Constitutions (a) Tariff powers of the President -Sec. 28 (2) Art. VI (b) Emergency powers to the

Pres.-Sec. 23 (2) Art. VI (2) Delegations to Local Governments - Sec. 5 Art. X (3) Delegation of Rule-making power to Administrative bodies; (a) May rules and regulations issued by Adm. Bodies have the force and effect of a law? Delegation to the People (Sec. 32 Art. VI) Requisites for a valid delegation by a law 1. Completeness test- the law must set forth the policy 2. Sufficient Standard test- the law must set forth the limits within which the delegate must conform Cases: delegation to the executive department- Pelaez v. Auditor General, 15 SCRA 569; US v. Ang Tang Ho, 43 Phil 1 [1922]; P. v. Rosenthal, 68 Phil 328 [1939]; delegated power to remove BIR and BOC officials under the Attrition Law. ABAKADA GURO PARTY LIST vs. PURISIMA, G.R. No. 166715, August 14, 2008 delegation to administrative bodies/agencies-rule making power -Tablarin v. Gutierrez, 152 SCRA 730 [1987] ; Eastern Shipping v. POEA, 166 SCRA 533 [1988]; Araneta v. Gatmaitan, 101 Phil 328 [1957]; P. v. Maceren, 76 SCRA 450 [1977]; CEBU OXYGEN V.Sec. DRILON, 8/2/89 delegation to the courts- P. v. DACUYCUY, 5/5/89 delegation to local governments- LOCAL GOVERNMENT CODE; RUBI V. PROV. BOARD, 39 PHIL 660; P. v. Vera, 65 Phil 5 SEC. 2. 24 Senate SEC. 3. Qualifications senate members. SEC. 4. Term of Senators. May Congress add drug testing as a qualification? PIMENTEL, JR. vs. COMELEC, G.R. No. 161658, November 3, 2008 May a senator may serve more than two terms? Yes. SEC. 5. House of Representatives. Membership in the house may exceed 250 if Congress decides to create legislative districts. Tobias v. Abalos, 239 SCRA 106 (1994) Only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts, a power only Congress can exercise under Section 5, Article VI of the Constitution and Section 3 of the Ordinance appended to the Constitution. [Sema vs. Commission on Elections, 558 SCRA 700(2008)] RA 7941- party list-law VETERANS FEDERATION PARTY et al., vs. COMELEC, et al., 342 SCRA 244 [10-6-00]- the provision provides for the ceiling;-RA 7941, providing for requirement of 2% of the total votes cast to qualify for one representative is valid. Who may participate in the party-list election? Ang Bagong Bayani et al., vs. COMELEC, et al., GR 147589, June 26, 2001 BANAT vs. COMELEC, 592 SCRA 294-Clarifying and summarizing the application of 2% vote requirement and the 3-seat cap. under RA 7941. BELLO v. COMELEC, Dec. 7, 2010-jurisdiction over the qualifications of party list nominee. New parameters on party list (ATONG PAGLAUM, INC. v. COMELEC, GR No. 203766, 4/3/13, consolidated cases) (3) 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. What is Gerrymandering? ALDABA et al., vs. COMELEC, 611 SCRA 137 [2010]

(4) 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. This merely directory. SEC. 6. Qualifications of members of the house CASES: Residence requirement means DOMICILE-Animus revertendiMarcos v. COMELEC, 248 SCRA 300; Intent to acquire new domicile must be coupled with overt acts-Aquino v. COMELEC, 248 SCRA 400 Domino v. COMELEC, GR 1344015, July 19, 1999 SEC. 7. 1. On term limits- not more than three consecutive terms. 2. Running for another office is voluntary renunciationDimaporo v. Mitra, 10/15/91 SEC. 8. Regular date of election-2nd Monday of May, but may be changed by law SEC. 9. Congress cannot be compelled to hold special elections. (Lozada v. COMELEC, 95 SCRA 337) SEC. 10. Salaries of Senators. PHILCONSA V. Gimenez, 15 SCRA 479 Ligot v. Mathay, 56 SCRA 823 SEC. 11. People v. JALOSJOS, GR 132875 2/3/00 (concurring opinion of J. Gonzaga-Reyes) Osmena v. Pendatun, 109 PHIL 863 Jimenez v. Cabangbang, 17 SCRA 876 SEC. 12. 1. full disclosure of their financial and business interests. 2. notify the House of a potential conflict of interest arising from the filing of a proposed legislation of which they are authors. SEC. 13. Incompatible and Forbidden offices PNRC, not govt owned or controlled-LIBAN v. GORDON, 593 SCRA 68 (2009) SEC. 14. Inhibitions and Disqualifications- rationale the prohibition does not preclude the appearance of the law firm of which the legislator is a member BUT The prohibition cannot be circumvented by indirectionPuyat v. De Guzman, 113 SCRA 31 SEC. 15. SEC. 16. (1) No rule for the selection of minority leader; Santiago v. Guingona, 11/18/98 (2) Quorum. Avelino v. Cuenco, 83 Phil 17; MR 3/14/49 (3) Internal Rules Arroyo v. De Venecia, 277 SCRA 268 Arroyo v. De Venecia , 6/26/98 Need not be published unless required by the rule itself for effectivity- PIMENTEL v. Senate Committee as a Whole, March 8, 2011 Discipline Osmena v. Pendatun, 109 Phil 863 Paredes v. Sandigan, GR 118364, 8/10/95 (4) Journals US v. Pons, 34 Phil 729 Enrolled Bill theory Mabanag v. Lopez Vito, 78 Phil 1 CASCO v. Gimenez, 7 SCRA 347

Tolentino v. Sec. , 235 SCRA 630 PJA V. Prado, 227 SCRA 703 Astorga v. Villegas, 56 SCRA 714 (5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Recess, Adjournments SEC. 17. Electoral Tribunals Angara v. Electoral Commission,63 Phil 13 Tanada v. Cuenco, 100 Phil 1101 Suanes v. Disbursing Officer, 10/26/48 Abbas v. SET, 166 SCRA 651 Lazatin v. COMELEC, 157 SCRA 337 [1988] Lazatin v. HRET, 168 SCRA 391[1988] Bondoc v. Pineda, 201 SCRA 792 Lerias v. HRET, 10/15/91 Sanchez v. COMELEC, 153 SCRA 67 [1987] Chavez v. COMELEC, 7/3/92 Arroyo v. HRET, 7/14/95 Even if proclaimed and has assumed office, if the validity of the proclamation is still within the jurisdiction of the COMELEC, the HRET cannot assume jurisdiction. Codilla v. De Venecia, GR No. 150605, 12/10/02 SEC. 18. Proportional representation Daza v. Singson, 180 SCRA 496 [1989] Guingona v. Gonzales, 10/20/92 & 3/1/93 SEC. 19. SEC. 20. SEC. 21. Power of contempt inheres in the conduct legislative inquiries; Arnault v. Nazareno, 87 PHIL 29; Senate is a continuing body, and may order the detention of a contumacious witness indefinitely (subject to due process clause). Arnault v. Balagtas, 97 PHIL 358 [1955] But cannot be exercised if it is not in aid of legislation-where there is no pending legislative agenda. Bengzon v. SENATE Blue Ribbon Committee, 203 SCRA 767 SENATE OF THE PHIL. et al., vs. ERMITA, GR No. 169777, April 20, 2006-constitutionality of EO 464 The rules of procedure must be published by the senate of each congress. NERI V. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS G.R. NO. 180643, MARCH 25, 2008, 549 SCRA 77, 135-136 GUTIERREZ V. THE HOUSE OF COMMITTEE ON JUSTICE, Prior publication of rules of procedure is essential to validity of the investigation- GARCILLANO vs. THE HOUSE OF REPRESENTATIVES, G.R. No. 170338, December 23, 2008. Local legislative bodies do not have the inherent powerNegros Oriental II Electric Coop vs. SP, 155 SCRA 421 [1987] SEC. 22. SEC. 23. Emergency powers coterminous with the existence of emergency (Araneta v. Dinglasan, 84 Phil 369) And may be withdrawn by Congress by mere resolution(Rodriguez v. Gella, 92 Phil. 603 The president may declare a state of emergency but cannot exercise emergency powers without authorization from Congress. (David vs. ARROYO, GR No. 171396 (PP 1017, 1021) National Emergency)

SEC. 24. Meaning of shall originate exclusively in the House of Representatives Tolentino v. Sec., 235 SCRA 630 Tolentino v. Sec., 249 SCRA 628 (EVAT) Section 25. No riders in an appropriation bill Garcia v. Mata, 65 SCRA 517 No transfer of funds; possible only if within the department Demetria v. Alba, 148 SCRA 208 (6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. (7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. Section 26. (formal requirements of bills) Title of Bills- Sec. 26 (1) Lidasan v. COMELEC, 21 SCRA 496 Tio v. VRB, 151 SCRA 208 [1987] (2) TolentinoV. Sec. ,235 SCRA 630 Section 27. A. Give the Three(3) ways by which a bill may become a law? B. Define: Veto, Veto Message Cases: Bolinao Electronics v. Valencia 11 SCRA 486 Gonzales v. Macaraig, 191 SCRA 452 Com. Of Internal RevenueV. CTA, 5/14/90 PHILCONSA V. Enriquez, 8/19/94 LEGISLATIVE VETO- power of joint congressional oversight committee to approve executive implementing rules, void. ABAKADA GURO PARTY LIST vs. HON. CESAR V. PURISIMASection 28. TAXATION Uniformity Garcia v. Exec. Sec, 211 SCRA 219 PEPSI v. City of Butuan, 24 SCRA 789 Sison, Jr. v. Ancheta 215 Phil. 582 (1984) Progressive system Tolentino v. Sec. , 10/30/95 exemption from property tax only- Lladoc v. CIR, 14 SCRa 292 ; and there must be proof of actual use. ABRA V. Hernando, 107 SCRA 104 Section 29. Implicit: Public Purpose Pascual v. Sec. , 110 PHIL 331 Public funds may be disbursed only by law-Guingona v. Carague, 4/22/91 Alba v. Perez, 9/24/87 (2) Non sectarian purposes Aglipay v. Ruiz, supra (3) Meaning of Special Fund Osmena v. Orbos, 3/31/93 Section 30. Section 27 of R.A. No. 6770 (Ombudsman Act of 1989), providing appeals in administrative disciplinary cases from the Office of the Ombudsman provides an appeal to the Supreme Court, void. Fabian v. Desierto. G.R No. 129742,

September 16, 1998, Section 31. No law granting a title of royalty or nobility shall be enacted. Section 32. A. Kinds of INITIATIVES-initiative on national legislations (sec. 32) initiative on local legislations (sec. 32) initiative on constitutional amendments (see Sec. 2 Art. XVII) B. RA 6735 (Initiative and Referendum Law) Initiative can cover local resolutionsGarcia v. Comelec, 237 SCRA 279; SUBIC BAY v. Comelec, 9/26/96 OTHER POWERS OF CONGRESS as Presidential Board of Canvassers (Art. VII, Sec.4) Power of Confirmation to: - the nominee of the President among members of Congress in case of vacancy in the office of the Vice President (Art. VII, Sec. 9) - the nomination of the President requiring confirmation by the Commission on Appointment (Art. VII, Sec. 16, first sentence) Power to judge fitness of the President (Art. VII, Sec. 11) Power to revoke or extend suspension of the privilege of the writ of habeas corpus or declaration of Martial law. (Art. VII, Sec. 18) Power to declare existence of war by 2/3 vote, voting separately (Art. VI Sec. 23 (1)) Power of concurrence--by majority vote of all members in presidential amnesties (Art. VII, Sec. 19) -by 2/3 vote by all members of the senate in treaties and international agreements. (Art. VII, Sec. 21. Power of impeachment (Art. XI, Sec. 2) Power to propose amendments or revision to the Constitution (Secs. 1 & 2, Art. XVII, Constitution) ARTICLE VII. Executive Department Executive power in general-He is the chief executive and no other-Villena vs. Sec. Of Interior, 67 Phil 451[1939]; all executive authority is thus vested in him- Planas v. Gil, 67Phil 62 executive power vs. legislative power KMU et al vs. DIRECTOR, NEDA et al., GR No. 167798, April 19, 2006 on constitutionality of unified ID system of government agencies under EO 420 Power to reorganizeANAK MINDANAO PARTY-LIST GROUP vs. THE EXECUTIVE SECRETARY, G.R. No. 166052, August 29, 2007. Specific and Residual powers Marcos v. Manglapus, 177 SCRA 668 [1989]; Marcos v. Manglapus, 178 SCRA 760 [1989] ; but not in disposition of national assets-Laurel v. Garcia, 187 SCRA 797 Power to declare state of rebellion-SANLAKAS vs. EXECUTIVE SECRETARY, G.R. No. 159085, February 3, 2004 Head of State Immuned from suit during their tenure-In re: Bermudez, 145 SCRA 160 (1986);BUT may waive it-Soliven v. Makasiar, 167 SCRA 393 [1988], BUT asuit against the subordinates of the President to question the acts of the latter does not violate presidential immunity. (GLORIA vs. CA, 338 SCRA 5) EXECUTIVE PRIVILEGE vs. legislative inquiry (EO 464) SENATE et al., vs. ERMITA, GR No.G.R. No. 169777, April 20, 2006. In diplomatic exchanges -AKBAYAN et al., vs. Thomas Aquino, GR 170516, 7/16/08 Power to negotiate for peace-THE PROVINCE OF NORTH COTABATO vs. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN (GRP),G.R. No. 183591, October 14, 2008. Section 2. Section 3.

Qualifications, term and manner of election of the President and Vice President. The Vice President may or may not be appointed as a member of the cabinet. TECSON vs. COMELEC, G.R. No. 161434, March 3, 2004 & other cases. Section 4. The President is entitled to only one term. Any person who succeeds the presidency and served more than FOUR years can no longer run for the presidency. In case of tie, the tie shall be broken by a vote of MAJORITY OF ALL members of Congress voting SEPARATELY. Congress acts as board of canvassers; cannot be usurped by Comelec by conducting a quickcount-BRILLANTES, JR. vs. COMELEC, G.R. No. 163193, June 15, 2004. Supreme Court as the Presidential Electoral Tribunalconstitutional? (MACALINTAL vs. PET, 635 SCRA 783[2010]) Section 5. Oath of the President. Section 6. The prohibition is against decrease in salaries DURING THE TENURE. What about increase? It is allowed, but to take effect after the expiration of the term of the incumbent when the increase was approved (by Congress of course!). There is likewise prohibition against receiving other emolument from the Government OR ANY OTHER SOURCE. Section 7. President-elect and the Vice-PresidentSection 8. ESTRADA vs. GMA, GR 146710-15 March 2, 2001 (on resignation) Vacancy in BOTH the office of Pres. & VP on the foregoing grounds Senate President (in case of his inability, the House Speaker) ACTS as President until the President or VP shall have been elected and qualified. Congress shall pass a law designating who shall act as president in case of death, permanent disability, removal or resignation of the acting president. Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation of a majority vote of all the Members of both Houses of the Congress, voting separately. In case the vacancy is in the office of the Vice President ALONE, it may be filled up by the President by nominating a member of Congress who shall be confirmed by MAJORITY VOTE of ALL members of Congress, both houses voting separately. Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special 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 special election shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law upon its approval on third reading by the Congress. 20 Appropriations for the special elections shall be charged against any current

appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election. Vacancy in both office of the Pres. And VP (Sec. 10) Congress shall enact a law calling for special election. No special election if vacancy is within 18 months of coming presidential election. Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President. Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call. If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines 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 the President; otherwise, the President shall continue exercising the powers and duties of his office. Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. The Members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

In case of Presidential disability under Sec. 11 & 12, when there is a written declaration (transmitted to Senate Pres./House speaker) by the President of his inability to discharge his powers, VP acts as President. In a written declaration (transmitted to Senate Pres./house speaker) by majority of the cabinet, VP acts as President. But if the President makes a written declaration that no inability exists, he reassumes his powers; BUT in case, majority of the cabinet transmit within 5 days to Senate Pres./House Speaker that the President is unable to discharge the powers and duties of the office, CONGRESS shall decide the issue by 2/3 vote of both houses voting separately. Section 13. 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. They shall not, during said tenure, directly or indirectly, practice 21 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, include ng government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. The spouse 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 Commissions, 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. President/VP/Cabinet Members/deputies & assistants during tenure, cannot hold ANY OTHER OFFICE OR EMPLOYMENT (except as may be provided by the Constitution) CIVIL LIBERTIES UNION V. EXEC. SECRETARY, 194 SCRA 317(declaring E.O. 284 as unconstitutional) (See Sec. 7 par. (2), Art. IX-B of the Constitution) 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. Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive department, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. 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. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or involuntary, but such appointments shall be effective only until after disapproval by the Commission on Appointments or until the next adjournment of the Congress. APPOINTING POWER Sec. 14-An ACTING President may make appointments, but may be revoked by the President-elect within 90 days from assumption or re-assumption of office. Sec. 15- TWO MONTHS before presidential elections, the President cannot exercise the power to appoint EXCEPT temporary appointments to executive positions when public service or safety demands it. The requirement that vacancy in the judiciary must be filled up within 90 days pursuant to Sec. 4 and 9 of Article VIII yields to the present provision. Section 15 is directed against two(2) types of appointments: 1) those made for buying 22 votes; 2) those made for partisan considerations. In re: Hon. Mateo A. Valenzuela and Hon. Placido B. Villarta, 298 SCRA 408. Nature- essentially executive (Govt. V. Springer, 50 Phil259), BUT the constitution allows the legislative, judiciary, including the constitutional commissions to exercise the power over their respective personnel. Congress cannot usurp the power. (Manalang v. Quitoriano,94 Phil 903 [1954]) power to appoint includes the power to choose only among those who possess the qualifications provided by law (Oliveros-Torre v. Bayot,58 SCRA 274 [1974]) SCOPE- Sec. 16 President is authorized to appoint 1) Heads of executive depts. Head of a bureau not subject to confirmation by CA (Sarmiento v.

Mison, 156 SCRA 549 2) Ambassadors, other public ministers and consuls 3) Officers of the AFP from rank of colonel or naval captain 4) Officers whose appointment is vested in the President in the Constitution. Deles v. CA, 9/4/89 5) all other officers of the government whose appointment is not provided by law. Bautista v. CA, 4/13/89; Nieve v. CFI, 54 SCRA 165 [1973]) 6) those whom he may be authorized by law to appoint 7) The Constitution allows Congress, by law, to vest appointment of "officers lower in rank"-in the President alone, courts, heads of depts., agencies, commissions or boards. RUFINO et al., v. ENDRIGA et al., 7/21/06 NOTES: First sentence of Sec. 16 requires the confirmation of the Commission on Appointments ad interim from regular Is ad interim appointment a temporary appointment? No, its permanent.. Read: MATIBAG vs. BENIPAYO et al., [G.R. No. 149036. April 2, 2002]) The requirement of recommendation by subordinate officer does not diminish the power of the President, he may not be bound by such requirement- Bermudez v. Torres, 311 SCRA 733, 741 Permanent vs. Temporary APPOINTMENT Acting capacity appointment even if Congress is in session valid- PIMENTEL, JR., et al. vs. EXEC. SECRETARY, G.R. No. 164978, October 13, 2005. appointment vs. designation (Binamira v. Garrucho, 188 SCRA 154) Removal power (implied in the power to appoint) for cabinet members and other officials serving at the pleasure of the president, there is no removal but expiration of their term with respect to other officials, removal must be in accordance with the Constitution, law Larin vs. Executive Secretary 280 SCRA 713.-a presidential appointee who belongs to the career service of the Civil Service, comes under the direct disciplining authority of the President. Section 17. The President shall control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. CONTROL POWER-" the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgement of the former for that of the latter."(Mondano v. Silvosa, 97 Phil 143 [1955]) 23 the power merely applies to the exercise of control over the acts of the subordinate and

not over the actor or agent himself of the act. Disciplinary power flows from the power of appointment not from power of control (Ang-angco v. Castillo, 9 SCRA 619 [1963]) control" and "supervision"- distinguished (Drilon v. Lim,235 SCRA 135 even if it was the department secretary who was authorized by law, the President may directly exercise the authority. Araneta v. Gatmaitan,101 Phil 328 "Control" over officers of govt. Owned or controlled corporation-by statute (Namarco v. Arca,29 SCRA 648 [1969]) Qualified Political Agency- defined (Villena v. Sec.,67 Phil 451) The executive secretary acting "by authority" of the President, may reverse a decision of another department secretary (Lacson-Magallanes v. Pano, 21 SCRA 895 [1967. OR he may even reverse or modify the construction of a statute given by the secretary of justice. (Maceda v. Macaraig, Jr.197 SCRA 771[1991]; Even an ASST. EXECUTIVE SECRETARY acting for the President, may reverse the decision of the Secretary of Agriculture and Resources (Roque v. Director of Lands,7/1/76)- Under this doctrine, a director of the NBI cannot ignore or defy the order of the Department of Justice, (De Leon v. Carpio, 10/12/89). Neither can a fiscal add to the number of accused directed by the Secretary of Justice to be prosecuted. Noblejas v. Salas,67 SCRA 47;A fiscal is duty bound to withdraw an information when ordered to do so under PD 916; Jacob v. Pano, 131 SCRA 144 FAITHFUL EXECUTION CLAUSE Exercise of executive power as distinguished from exercise of legislative power KMU et al vs. DIRECTOR, NEDA et al., GR No. 167798, April 19, 2006 on constitutionality of unified ID system under EO 420 How does it reconcile with executive impoundment.(PHILCONSA vs. Enriquez, 235 SCRA 506) Section 18. The President shall be the Commander-in-Chief of all armed forces of the 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 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. 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 Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation 24 of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or the legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. Military Power- COMMANDER IN CHIEF Significance power - to create court martials to discipline members of the military and military commissions to try war criminals and other offenders. In Aquino v. Military Commission No.2, 63 SCRA 546, the Supreme Court upheld the power of the President to create military commission to try civilians even if the civil courts are open; BUT the same was reversed in Olaguer v. Military Commission No. 34, 150 SCRA 144, following the "OPEN COURT THEORY" a soldier may be restrained by a superior officer from speaking out on certain matters.Kapunan, Jr. v. De Villa, 168 SCRA 264 [1988]; a military officer cannot disobey his superior and commander in chief and testify before a legislative inquiry- GUDANI v. SENGA, 8/15/06 CALLING OUT POWER - to prevent or suppress lawless violence, invasion or rebellion- (most

benign compared to suspension of the privilege and martial law) May this power subject to judicial review? IBP vs. Zamora, 338 SCRA 81 Sanlakas v. Executive Secretary, G.R. No. 159085, February 3, 2004, 421 SCRA 656, wherein this Court sustained President Arroyo's declaration of a "state of rebellion" pursuant to her calling-out power. BUT a proclamation of state of emergencydoes not grant additional power to the President. DAVID vs. ARROYO, GR No. 171396 (PP 1017, 1021) National Emergency SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS Meaning-extent Writ of habeas corpus distinguished from WRIT OF AMPARO and WRIT OF HABEAS DATA Is the Suspension of the Privilege of the Writ of Habeas Corpus and Declaration of Martial law POLITICAL QUESTION? Sec. 18 has modified the ruling in Montenegro v. Castaneda, 91 PHIL 882; Barcelon v. Baker, 5 Phil 87 ; Lansang v. Garcia, 42 SCRA 448 ; Garcia Padilla v. Enrile, 121 SCRA 472 MARTIAL LAW- read: Aquino v. Enrile, 59 SCRA 183 Limitations on the military power: SECTION 18 Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the 25 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. Clemency powers: Pardon/ Amnesty Pardon, Commutation, Reprieve defined. A. Limitations on pardon cannot be granted in case of impeachment; violation of election law, rule or regulation shall be with recommendation of COMELEC, after final conviction-The scope of pardoning power of the President extends even to administrative cases. (Llamas v. Orbos, 10/15/91) B. Kinds of Pardon: a. conditional or absolute mere commission, not necessarily conviction, of an offense, a violation of the condition(Torres v. Gonzales, 152 SCRA 272 [1987]; Espuelas v. Prov. Warden, 108 PHIL 353; The determination of the violation of the conditional pardon rests exclusively in the

sound judgment of the Chief Executive.In re: Wilfredo Sumulong Torres, 251 SCRA 709. SAME RULING FINDS APPLICATION IN CASE OF PAROLE (Tesoro v. Director of Prisons, 68 PHIL 154 [1939]; b. partial or plenary A. Effects of Pardon Restores political and civil rights (Pelobello v. Palatino, 72 PHIL 44; But not to reinstatement to public office, although the pardonee may re-apply for said position (Monsanto v. Factoran170 SCRA190); but if actually reinstated & no circumstances would warrant diminution of rank, justice and equity dictated that he be given his former rank of principal (Sabello v. DECS, 12/26/89); and if the pardon was based on the innocence of the pardonee, the pardon extended on the administrative penalty entitles him reinstatement with back wages (Garcia v. COA, 9/14/93) ;remits fines and forfeitures inuring to the government, but not civil liability to private persons. No pardon when case pending appeal; appeal must be withdrawn. (People v. Salle, 12/4/95, F. Distinctions of Parole and Pardon parole involves release from imprisonment but not restoration of liberty; in parole, the parolee is still in the custody of the law Amnesty- granted by the President with concurrence of Congress AND admission of guilt is now required (Vera v. People7 SCRA 152) Distinction between amnesty and pardon-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 limitations as may be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of 26 the calendar year, submit to the Congress a complete report of its decisions 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. CONSTANTINO, JR. vs. HON. JOSE B. CUISIA G.R. No. 106064, October 13, 2005- the power to contract loan may be delegated to a cabinet secretary under the doctrine of qualified political agency. Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of

all the Members of the Senate. On the validity of the VFA applying Section 21 of Art. VII in relation to Sec.25, Art. XVIII. (BAYAN vs. ZAMORA, G.R. No. 138570. October 10, 2000) Section 22. The President shall submit to the Congress within thirty days from the opening of the regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. 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