LEGISLATIVE EXECUTIVE JUDICIAL

Nature of power Legislative power is the authority to make laws and to alter and repeal them, Executive power is the authority to implement and see to it that the laws are Judicial power – settle actual controversies involving
except to the extent reserved to the people by the provisions on initiative and faithfully executed. rights which are legally demandable and
referendum. (Art. VI, Sec. 1) – IT IS PLENARY. enforceable and to determine whether or not there
It shall be vested in the President of the Philippines. has been a grave abuse of discretion amounting to
Kinds of Legislative power: lack or excess of jurisdiction on the part of any
1. Original LP – possessed by the sovereign people; branch or instrumentality of the government.
2. Derivative LP – that which has been delegated by the sovereign people
to legislative bodies, and is subordinate to the original power of the
people. This is the kind of power that is vested in Congress;
3. Constituent – power to amend or revise the constitution (people thru
the amendatory process, exercise this constituent power);
4. Ordinary – power to pass ordinary laws (thru initiative and referendum,
people exercises this ordinary power)

Limits on the legislative power:

1. SUBSTANTIVE – curtail the contents of a law (e.g. No law may be passed
which impairs freedom of speech)
2. PROCEDURAL – curtail the manner of passing laws. (e.g. A bill must
generally be approved by the President before it becomes a law)

To whom vested/how The legislative power shall be vested in the Congress of the Philippines which 1 President who is both Head of State and Chief Executive. 1 Supreme Court and in such lower courts as may be
elected/ Composition shall consist of a Senate and a House of Representatives, except to the extent established by law (1 Chief Justice and 14 Associate
reserved to the people by the provision on initiative and referendum. Head of State – he is the ceremonial head of the Government and must take part Justices)
with real or apparent enthusiasm in a range of activities that would keep him
24 Senators who shall be elected at large by the qualified voters of the PH running and posing from sunrise to bedtime if he were not protected by a cold-
Not more than 250 Members of the HOR, unless otherwise fixed by law, who shall blooded staff.
be elected from legislative districts apportioned among the provinces, cities, and
the metropolitan manila area in accordance with the number of their respective Chief Executive – he is the executive and NO ONE ELSE IS.
inhabitants, and on the basis of a uniform and progressive ratio, and those who,
as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.
Qualifications Qualifications of Senators: No person shall be elected President unless he is: SUPREME COURT/COURT OF APPEALS
a. Natural born citizen 1. a natural born citizen of the Philippines a. Natural born citizen
b. At least 35 years old on day of election 2. a registered voter b. At least 40 years of age
c. Able to read and write 3. able to read and write c. Must have been for 15 years or more a
d. Registered voter 4. at least 40 years of age on the day of the election and a resident of the judge of a lower court or engaged in the
e. Resident for at least 2 years immediately preceding the day of the Philippines for at least 10 years immediately preceding the election. practice of law in the Philippines
election d. Must be a person of proven competence,
integrity, probity, and independence
Qualifications for Members of HOR:
1. Natural born citizen of the Philippines RTC/MTC:
2. At least 25 years old on the day of election a. Citizen of the PH
3. Able to read and write b. At least 35/30 years of age
4. Registered voter in the district he seeks to represent e. Must have been for 15 years or more a
5. Resident of such district for at least one year immediately preceding judge of a lower court or engaged in the
the day of the election. practice of law in the Philippines
 Party-list representative- constitute 20% of the total number of representatives, f. Must be a person of proven competence,
including those under the party-list system integrity, probity, and independence
Qualification:
1. Natural born citizen All lower courts:
2. At least 25 years of age on the day of the election Court of Appeals
3. Able to read and write RTC
MTC
NOTE: Congress may not diminish or increase these qualifications. MTCC
MeTC
DOMICILE vs. RESIDENCE (what is required by law is domicile) MCTC
Domicile – requires not only such bodily presence in that place but also a declared Sharia District Court
and probable intent to make it one’s fixed and permanent place of abode, one’s Sharia Circuit Court
home.
Residence – simple requires bodily presence in a given place.

To effect a change of domicile, requisites:

1. Animus manendi – purpose to remain in or at the domicile of choice
must be for an indefinite period of time;
2. Animus non-revertendi – the residence at the new domicile must be
actual, abandoning the old one.

Terms and Limits Senators: The Pres. And Vice-Pres shall be elected by direct vote of the people for a term of The members of the Supreme Court and judges of
Term of office: 6 years which shall begin at noon on the 30th day of June next following their lower courts shall old office during good behavior
A term of 6 years commencing at noon June 30 next following their election. election and shall end at noon of the same date 6 years thereafter. The President until they reach the age of 70 or become
shall not be eligible for any re-election. incapacitated to discharge the duties of their office.
Term limitations:
1. No Senator shall serve for more than 2 consecutive terms. No person who has succeeded as President and has served as such for more than
2. Voluntary renunciation of office for any length of time shall not be 4 years shall be qualified for election to the same office at any time.
considered as an interruption in the continuity of his service for the full term for
which he was elected. No Vice-president shall serve for more than 2 successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
Members of HOR: interruption in the continuity of service for the full term for which he was elected.
Term of office:
1. Each member of the house shall be elected for a term of 3 years which
shall commence at noon June 30 next following their election.

Term limitation:
1. No member of the House of Representatives shall serve for more than
3 consecutive terms.
2. Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term for
which he was elected.
Vacancies – how filled In case of vacancy on the Senate or in the House of Representatives, a special a) Vacancy at the beginning of the term. The Members of the Supreme Court and judges of
election may be called to fill such vacancy in the manner prescribed by law, but the lower courts shall be appointed by the President
the Senator or Member of the House of Representatives thus elected shall serve i) Death or permanent disability of the President-elect: Vice President- from a list of at least three nominees prepared by
only for the unexpired term. elect shall become President. the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
Unless otherwise provided by law, the regular election of Senators and members
of HOR shall be held on 2nd Monday of May.
ii) President-elect fails to qualify: Vice President-elect shall act as For the lower courts, the President shall issue the
President until the President-elect shall have qualified. appointments within ninety days from the
submission of the list.
iii) President shall not have been chosen: Vice President-elect shall act as
President until a President shall have been chosen and qualified.
iv) No President and Vice President chosen nor shall have qualified, or both
shall have died or become permanently disabled: The President of the Senate or,
in case of his inability, the Speaker of the House of Representatives shall act as
President until a President or a Vice President shall have been chosen and
qualified. In the event of inability of the officials mentioned, Congress shall, by
law, provide for the manner in which one who is to act as President shall be
selected until a President or a Vice President shall have qualified.
b) Vacancy during the term:
i) Death, permanent disability, removal from office, or resignation of the
President: Vice President shall become the President.
ii) Death, permanent disability, removal from office, or resignation of
President and Vice President: Senate President or, in case of his inability, the
Speaker of the House of Representatives, shall act as President until a President
or Vice President shall be elected and qualified. Congress, by law, shall provide for
the manner in which one is to act as President in the event of inability of the
officials mentioned above.
c) Temporary Disability.
i) When President transmits to the Senate President and the Speaker of
the House 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.
ii) When a majority of all the Members of the Cabinet transmit to the
Senate President and the Speaker 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, x x x
Thereafter, when the President transmits to the Senate President and Speaker his
written declaration that no inability exists, he shall reassume the powers and
duties of his office. Meanwhile, should a majority of the Members of the Cabinet
transmit within 5 days to the Senate President and Speaker their written
declaration that the President is unable to discharge the powers and duties of his
office, Congress shall decide the issue. For this purpose, Congress shall convene,
if not in session, within 48 hours. And if, within 10 days from receipt of the last
written declaration or, if not in session, within 12 days after it is required to
assemble, Congress determines by a 2/3 vote of both Houses, voting separately,
that the President is unable to
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 by a majority vote of all the Members of
both Houses of the Congress, 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. Appropriations for the special election 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.

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

Salaries Determined by law. No increase in said compensation shall take effect until after
the expiration of the full term of all the members of the Senate and the HOR
approving such increase.
Art. XVIII, Sec. 17 – their annual salary is 240K.
Immunities/Privileges Privilege from arrest: A Senator or Member of HOR shall, in all offenses
punishable by not more than 6 years imprisonment, be privileged from arrest
while Congress is in session.
Parliamentary privilege of speech: No member shall be questioned nor be held
liable in any other place for any speech or debate in the Congress or in any
committee thereof. (Made in the performance of official functions)
Prohibitions 1. Senators/Members of House cannot hold any other office or employment in
the government or any subdivision, agency or instrumentality including GOCCs
or their subsidiaries during his term. If he does so, he forfeits his seat.
2. If the office was created or the emoluments thereof increased during the term
for which he was elected, Congress cannot be appointed to any such office.
3. During his term of office, Congress cannot personally appear as counsel before
any court of justice, electoral tribunal, quasi-judicial and administrative bodies
4. During his term of office, Congress cannot be financially interested directly or
indirectly in any contract with or in any franchise or special privilege granted by
the government or any subdivision, agency, instrumentality, including any GOCC
or its subsidiary.
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.
The salaries of the President and Vice-President shall be determined by law and The Judiciary shall enjoy fiscal autonomy.
shall not be decreased during their tenure. No increase in said compensation shall Appropriations for the Judiciary may not be reduced
take effect until after the expiration of the term of the incumbent during which by the legislature below the amount appropriated
such increase was approved. They shall not receive during their tenure any other for the previous year and, after approval, shall be
emolument from the Government or any other source. automatically and regularly released.
Section 10. The salary of the Chief Justice and of the
Associate Justices of the Supreme Court, and of
judges of lower courts, shall be fixed by law. During
their continuance in office, their salary shall not be
decreased.
Executive privilege – power of the president to withhold certain types of
information from the courts, Congress, and ultimately the public.
1) Of a nature that disclosure would subvert military or diplomatic
objectives;
2) Identity of persons who information of violations of law;
3) Internal deliberations comprising the process by which government
decisions are reached
Absolute immunity from suit – during his term of office or tenure, the President
may not be subjected to any criminal or civil suits. The rationale is to assure the
exercise of presidential duties and functions free from any hindrance, considering
the nature of his office requires undivided attention.
- The act of the President in suing an individual is not a waiver of his
immunity from suit.
The President, Vice-President, the Members of the Cabinet, and their deputies or The Members of the Supreme Court and of other
assistants shall not, unless otherwise provided in this Constitution, hold any other courts established by law shall not be designated to
office or employment during their tenure. They shall not, during said tenure, any agency performing quasi-judicial or
directly or indirectly, practice any other profession, participate in any business, or administrative functions.
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 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.
 5. Congress cannot intervene in any matter before any office of the government
When it is for his pecuniary benefit or where he may be called upon to act on
account of his office.
Duties 1. Congress shall upon assumption of office make a full disclosure of their
financial and business interests and potential conflict of interests that may arise
from the filing of a proposed legislation of which they are authors.
2. Congress shall convene once every year on the 4th Monday of July for its regular
session, unless a different date is fixed by law, and shall continue to be in session
for such number of days as it may determine until 30 days before the opening of
its next regular session, exclusive of Saturdays, Sundays and legal holidays.
President may call a special session any time.
3. The Senate shall elect a President and the HOR its Speaker, by a vote of all its
respective members. Each house shall choose such other officers as it may deem
necessary.
NOTE: Existence of quorum is based on those PHYSICALLY PRESENT and the total
membership of the body.
4. Each house shall keep a journal of its proceedings and from time to time
publish the same, except such parts as may, in its judgment, affect national
security; and the yeas and nays on any question shall, at the request of 1/5 of the
members present, be entered in the journal.
DUAL PURPOSE: 1) insure publicity to the proceedings of the legislature;
2) to provide proof of what actually transpired in the legislature.
Journal v Record
Journal – official transcript of what transpired in the Congress
Record – verbatim transcript of the deliberation of the Congress
ENROLLED BILL DOCTRINE: The signing of a bill by the House Speaker and Senate
President and the certifications by the secretaries of both Houses that such bill
was passed are conclusive of its due enactment.
If the presiding officer repudiates his signature, in the enrolled bill, the
Journal shall prevail and must be accept as conclusive.
5. Each house shall also keep a record of its proceedings.
6. Neither house during the session of the Congress shall adjourn for more than
3 days without the consent of the other, nor to any other place than that in which
the 2 houses shall be sitting.
7. Records and books of accounts of the Congress shall be preserved and be open
to the public, and such books shall be audited by the Commission on Audit which
shall publish annually an itemized list of amounts paid to and expenses incurred
for each member.
1. Section 5. Before they enter on the execution of their office, the
President, the Vice-President, or the Acting President shall take the
following oath or affirmation:
“I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my
duties as President [or Vice-President or Acting President] of the Philippines,
preserve and defend its Constitution, execute its laws, do justice to every man,
and consecrate myself to the service of the Nation. So help me God.” [In case of
affirmation, last sentence will be omitted].
Section 8. (1) A Judicial and Bar Council is hereby
created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a
representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme
Court, and a representative of the private sector.
(2) The regular members of the Council shall be
appointed by the President for a term of four years
with the consent of the Commission on
Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for
four years, the professor of law for three years, the
retired Justice for two years, and the representative
of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the
Secretary ex officio of the Council and shall keep a
record of its proceedings.
(4) The regular Members of the Council shall receive
such emoluments as may be determined by the
Supreme Court. The Supreme Court shall provide in
its annual budget the appropriations for the Council.
(5) The Council shall have the principal function of
recommending appointees to the Judiciary. It may
exercise such other functions and duties as the
Supreme Court may assign to it.
Section 9. The Members of the Supreme Court and
judges of the lower courts shall be appointed by the
President from a list of at least three nominees
prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the
appointments within ninety days from the
submission of the list.
Section 13. The conclusions of the Supreme Court in
any case submitted to it for decision en banc or in
division shall be reached in consultation before the
8. HOW IS THE GENERAL APPROPRIATIONS BILL PREPARED? (SEC 24 and 25 (1)):
All appropriation, revenue or tariff bills, bills authorizing increase of the public
debt, bills of local application, and private bills shall originate exclusively in the
HOR, but the Senate may propose or concur with amendments. + The Congress
may not increase the appropriations recommended by the President for the
operation of the Government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by law.
It is the bill which must exclusively originate from the HOR, but the “law” itself
which is the product of the total bicameral legislative process originates from
both Houses.
In Alvarez v. Guingona: The bill is deemed to have originated from the House
provided that the House bill was filed prior to the filing of the Senate bill even if,
in the end, the Senate approved its own version.
(2) Rule on RIDERS: No provision or enactment shall be embraced in the GAB
unless it relates specifically to some particular appropriation therein. Any such
provision or enactment shall be limited in its operation to the appropriation to
which it applies.
(3) Procedure for approving appropriations: the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
(4) Special appropriations shall specify the purpose for which it is intended, and
shall be supported by funds actually available as certified by the National
Treasurer, or to be raised by a corresponding revenue proposal therein.
(5) Extent of Congress’s power to allow transfer of funds: No law shall be passed
authorizing any transfer or appropriations; however, the President, the Senate
Pres, the House Speaker, the CJ of SC, and the heads of Con Comm, may by law,
be authorized to augment any item in the general appropriations law for their
respective offices from savings in other items of their respective appropriations.
Meaning of SAVINGS: are available portions or balances of items under the
General Appropriations Act (GAA) which result from:
a) the completion or final discontinuance or abandonment of a
program, activity, or project;
b) unpaid compensation for vacant or unfilled positions and leaves of
absence without pay;
c) the implementation of efficiency measures that enable agencies to
deliver services at lower cost.
(6) Discretionary funds: shall be disbursed only for public purposes to be
supported by appropriate vouchers.
(7) Automatic reappropriation [Sec. 25 (7), Art. VI: If, by the end of any fiscal year,
the Congress shall have failed to pass the general appropriations bill for the
case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a copy
thereof attached to the record of the case and
served upon the parties. Any Member who took no
part, or dissented, or abstained from a decision or
resolution, must state the reason therefor. The
same requirements shall be observed by all lower
collegiate courts.
Section 14. No decision shall be rendered by any
court without expressing therein clearly and
distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration
of a decision of the court shall be refused due course
or denied without stating the legal basis therefor.
Section 15. (1) All cases or matters filed after the
effectivity of this Constitution must be decided or
resolved within twenty-four months from date of
submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for
all lower collegiate courts, and three months for all
other lower courts.
(2) A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period,
a certification to this effect signed by the Chief
Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of
the case or matter, and served upon the parties. The
certification shall state why a decision or resolution
has not been rendered or issued within said period.
(4) Despite the expiration of the applicable
mandatory period, the court, without prejudice to
such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination,
without further delay.
Section 16. The Supreme Court shall, within thirty
days from the opening of each regular session of the
ensuing fiscal year, the general appropriations law for the preceding fiscal year Congress, submit to the President and the Congress
shall be deemed re-enacted and shall remain in force and effect until the general an annual report on the operations and activities of
appropriations bill is passed by the Congress. the Judiciary.

9. ONE TITLE ONE SUBJECT RULE: Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof.

No bill passed by either House shall become a law unless it has passed 3 readings
on separate days, and printed copies thereof in its final form have been
distributed to its members 3 days before its passage, except when the President
certifies to the necessity of its immediate enactment to meet a public calamity
or emergency. Upon the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately thereafter, and the
yeas and nays entered in the journal.

This rule is mandatory but must be given liberal construction. It is sufficient

compliance with the rule if the title expresses the general subject and all the
provisions of the statute are germane to that general subject.

Purpose: 1) To prevent hodge-podge or log-rolling legislations;

2) To prevent surprise or fraud upon the legislature which might be overlooked
and unintentionally adopted;
3) To fairly appraise the people, through publication

10. HOW A BILL BECOMES A LAW: (1) Every bill passed by the Congress shall,
before it becomes a law, be presented to the President. If he approves the same,
he shall sign it; otherwise, he shall veto it and return the same with his objections
to the House where it originated, which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of
all the Members of such House shall agree to pass the bill, it shall be sent,
together with the objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of that House, it
shall become a law. In all such cases, the votes of each House shall be determined
by yeas or nays, and the names of the Members voting for or against shall be
entered in its Journal. The President shall communicate his veto of any bill to the
House where it originated within thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or
items to which he does not object.

The Constitution requires that the yeas and nays of the Members be taken every
time a House has to vote:
1) Upon the last and readings of a bill;
2) At the request of 1/5 of the Members present;
3) In repassing a bill over the veto of the President.
 Conference Committee: an extra-constitutional creation of Congress whose
function is to propose to Congress ways of reconciling provisions found in the
Senate and House version. It may introduce amendments germane to the
purpose even if these were not in either original bill.
DOCTRINE OF INAPPROPRIATE PROVISION:
That a provision is unconstitutionally inappropriate for an appropriation bill may
be singled out for veto even if it is not an “item”, which means that the Pres may
veto “riders” in an appropriation bill.
NOTE: 1) A condition in an appropriation bill may not be vetoed without vetoing
the item to which it is attached.
2) Item – is an indivisible some of money dedicated to a stated purpose;
3) Provision – is some general provision of law which happens to be put into an
appropriation bill
Powers 1. Legislative power – to make, alter or repeal laws
2. GR: Power to delegate legislative power not allowed
XPNs: 1) by immemorial practice it may be delegated to LGUs
2) the Constitution itself might in specific instances allow delegation; e.g. Art. VI
Sec. 23(2) – emergency powers delegated to the President in times of war or
other national emergency; and Art. IV Sec. 28(2) – Congress may authorize the
President to fix and impose tariff rates, import and export quotas, tonnage, and
wharfage dues
NOTE: What is delegated to ADMINISTRATIVE AGENCIES is not legislative power
but rule-making power or law execution – either to:
1. Fill up the details of an already complete statute; or
2. To ascertain the facts necessary to bring a “contingent” law into actual
operation
Contingent law: where the effectivity of the law is made to depend on the
verification by the executive of the existence of certain conditions. (The
verification is delegated to the executive) Abakada Guru Party-list vs. Executive
Secretary, September 1, 2005.
Requisites to ensure that the power delegated by the legislature is not law-
making but mere law execution:
1. Must be “complete in itself” – it must set forth therein the policy to be
carried out or implemented by the delegate; and
2. “fix a standard” the limits of which are sufficiently determinate or
determinable – to which the delegate must conform in the
performance of his functions.
Rules and regulations promulgated by administrative agencies have the force of
penal law, REQUISITES:
1. Delegating statute itself specifically authorizes the promulgation of
penal laws;
2. Penalty must be provided by the statute itself;
1. Original jurisdiction over cases affecting
1. The Executive Power [Secs. 1, Art. VII: “The executive power shall be ambassadors, public ministers, consuls and petitions
vested in the President of the Philippines”. Sec. 17, Art. VII: “x x x He shall ensure for certiorari, prohibition, mandamus, quo warranto
that the laws be faithfully executed. ’] and habeas corpus
2. Review, revise, reverse, modify or affirm
a) The executive power is the power to enforce and administer the on appeal or certiorari as the law or the Rules of
laws. Court may provide final judgments and orders of
b) Authority to reorganize the Office of the President lower courts in:
a. All cases in which the constitutionality or
2. Appointment is the selection, by the authority vested with the power, validity of any treaty, international or executive
of an individual who is to exercise the functions of a given office. It is distinguished agreement, law, presidential decree, proclamation
from designation in that the latter simply means the imposition of additional order, instruction, ordinance or regulation is in
duties, usually by law, on a person already in the public service. It is also different question
from the commission in that the latter is the written evidence of the appointment. b. All cases involving legality of any tax,
impost, assessment, or toll or any penalty imposed
i) Permanent or temporary. Permanent appointments are those extended in relation thereto
to persons possessing the qualifications and the requisite eligibility and are thus c. All cases in which the jurisdiction of any
protected by the constitutional guarantee of security of tenure. Temporary lower court is in issue
appointments are given to persons without such eligibility, revocable at will and d. All criminal cases in which the penalty
without the necessity of just cause or a valid investigation; made on the imposed is reclusion perpetua or higher
understanding that the appointing power has not yet decided on a permanent e. All cases in which only an error or question
appointee and that the temporary appointee may be replaced at any time a of law is involved
permanent choice is made. 3. Assign temporarily judges of lower courts
to other stations as public interest may require. Such
ii) Regular or ad interim. A regular appointment is one made by the temporary assignment shall not exceed 6 months
President while Congress is in session, takes effect only after confirmation by the without the consent of the judge concerned.
Commission on Appointments, and once approved, continues until the end of the 4. Order a change of venue or place of trial
term of the appointee. An ad interim appointment is one made by the President to avoid miscarriage of justice
while Congress is not in session, takes effect immediately, but ceases to be valid 5. Promulgate rules concerning protection
if disapproved by the Commission on Appointments or upon the next and enforcement of constitutional rights, pleadings,
adjournment of Congress. In the latter case, the ad interim appointment is practice and procedure in all courts, the admission
deemed “by-passed” through inaction. The ad interim appointment is intended to practice of law, the Integrated Bar and legal
to prevent interruptions in vital government services that would otherwise result assistance to the underprivileged. Such rules shall
from prolonged vacancies in government offices. provide a simplified and inexpensive procedure for
 3. The regulation must be published in the official gazette or a newspaper
of general circulation.
3. Power to determine rules of its proceedings (SECTION 16 (3)), punish its
members for disorderly behavior, and with the concurrence of 2/3 of all its
members, suspend or expel a member. A penalty of suspension, when
imposed, shall not exceed 60 days.
Executive Misapplication: The Executive Department failed to follow faithfully the
standards set by R.A. No. 818. Sec. 15 did not mention the depletion of the OPSF
fund as a factor to be given weight by the Executive before ordering full
deregulation. The exercise of delegated power is given a strict scrutiny by courts
for the delegate is a mere agent whose action cannot infringe the terms of
agency. In the cases at bar, the Executive co-mingled the factor of depletion of
the OPSF fund with the factors of decline of the price of crude oil in the world
market and the stability of the peso to the US dollar.
Mere directive: The directive issued by the PRC to the racing clubs is instructive
in nature. Respondent merely exercised its franchise granted to them by
Congress allowing MJCI "to do and carry out all such acts, deeds and things as
may be necessary to give effect to the foregoing.”
4. SET and HRET to be the sole judge (SECTION 17) of all contests relating
to election, returns, and qualifications of their respective members.
9-member Composition:
3 justices of SC to be appointed by CJ
6 from members of Senate or the HOR
* Senior justice shall be the Chairman
NOTE: Once a winning candidate has been proclaimed, taken his oath, and
assumed office, COMELEC’s jurisdiction ends and the HRET/SET’s jurisdiction
begins.
 Congress and COMELEC en banc shall determine only the authenticity
and due execution of the certificates of canvass. They shall only
exercise this power before the proclamation of the winning candidate.
5. Commission on Appointments (SECTION 18): acting as a legislative
check on the appointing authority of the President.
* Senate President as ex-officio Chairman (shall not vote except in case of a tie)
* 12 Senators
* 12 Members
How the Commission arrives at its decisions:
1) The Commission shall act on all appointments submitted to it within 30
days.
2) It shall rule by a majority vote of all its members.
iib) An ad interim appointment can be terminated for two causes specified in the
Constitution: disapproval of the appointment by the Commission on
Appointments, or adjournment by Congress without the Commission on
Appointments acting on the appointment.
Limitations on the appointing power:
i) The President may not appoint his spouse and relatives
by consanguinity or affinity within the fourth civil degree as Members of the
Constitutional Commissions, as Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government- owned or -
controlled corporations [Sec. 13, Art. VII].
ii) Appointments extended by an acting President shall remain effective
unless revoked by the elected President within ninety days from his assumption
of office [Sec. 14, Art. VII].
iii) 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 [Sec. 15, Art. VII]. – MIDNIGHT APPOINTMENTS
3. The Power of Removal. 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.
4. The Power of Control [Sec. 17, Art. VII: "The President shall have control of all
the executive departments, bureaus, and offices, x x x’].
a) Control is 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 judgment of the former for that of the latter [Mondano v. Silvosa,
supra.]. It is distinguished from supervision in that the latter means 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 fulfill them, then the former may
take such action or steps as prescribed by law to make them perform these duties.
5. The alter ego principle. Also known as the “doctrine of qualified political
agency”. Under this doctrine which recognizes the establishment of a single
executive, all executives and administrative organizations are adjuncts of the
Executive Department, the heads of the various executive departments are
assistants and agents of the Chief Executive, and except in cases where the Chief
Executive is required by the Constitution or law to act in person or the exigencies
of the situation demand that he act personally, the multifarious executive and
administrative functions of the Chief Executive are performed by and through the
the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the
Supreme Court.
6. Appoint all officials and employees of the
judiciary in accordance with the civil service law.
Section 6. The Supreme Court shall have
administrative supervision over all courts and the
personnel thereof.
CASES TO BE HEARD EN BANC:
(1) All cases involving the constitutionality of a
treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc,
and all other cases which under the Rules of Court
are required to be heard en banc, including those
involving the constitutionality, application, or
operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence
of a majority of the Members who actually took part
in the deliberations on the issues in the case and
voted thereon.
(2) Cases or matters heard by a division shall be
decided or resolved with the concurrence of a
majority of the Members who actually took part in
the deliberations on the issues in the case and voted
thereon, and in no case without the concurrence of
at least three of such Members. When the required
number is not obtained, the case shall be decided en
banc: Provided, that no doctrine or principle of law
laid down by the court in a decision rendered en
banc or in division may be modified or reversed
except by the court sitting en banc.
The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their
dismissal by a vote of a majority of the Members
who actually took part in the deliberations on the
issues in the case and voted thereon.
 3) The Commission shall meet only while the Congress is in session, at the
call of its chairman or a majority of all its members.
6. Power to conduct investigation in aid of legislation (SECTION 21): The
Senate or HOR or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules
of procedure. The rights of persons appearing in or affected by such
inquiries shall be respected.
Anyone, except the President and the SC Justices, may be summoned. Nor may a
court prevent a witness from appearing in such hearing. Even a dept head who is
an alter ego of the President may be summoned. The Chairman of the PCGG not
exempt from summons in spite of the exemption given to it by the President.
Purpose: A legislative body cannot legislate wisely in the absence of information
respecting the condition which the legislation is intended to affect or change; and
where the legislative body does not itself possess such information, recourse
must be had to others who possess it.
The power of investigation necessarily includes the power to punish a
contumacious witness for contempt for as long as the legislative body ceases to
exist upon its final adjournment—the materiality of question must be
determined by its direct relation to the subject of the inquiry and not by its
indirect relation to any proposed or possible legislation.
NOTE: This power is sui generis, and may not be claimed by local legislative
bodies.
7. Oversight Function (SECTION 22): intended to enable Congress to
determine how laws it has passed are being implemented.
“The heads of departments may upon their own initiative Dept heads who are
alter egos of the President may not appear without the permission of the
President, or upon the request of either House, as the rules of each House shall
provide, appear before and be heard by such House on any matter pertaining to
their departments. Written questions shall be submitted to the Senate President
or House Speaker at least 3 days before their scheduled appearance.
Interpellations shall not be limited to written questions, but may cover matters
related thereto, when the security of the State or the public interest so requires
and the President so states in writing, the appearance shall be conducted in
Executive session.”
Section 22 does not provide for a question hour because question hour is only
proper to a parliamentary system where there is no separation between the
legislative and executive department.
8. Power to declare the existence of a state of war (SECTION 23): by a vote
of 2/3 of both houses in join session assemble voting separately. And
executive departments, and the acts of the Secretaries of such departments
performed and promulgated in the regular course of business are, unless
disapproved or reprobated by the Chief Executive presumptively the acts of the
Chief Executive [DENR v. DENR Region XII Employees. G.R. No. 149724, August 19,
2003].
6. Appeal to the President from decisions of subordinate executive officers,
including Cabinet members, completes exhaustion of administrative remedies
[Tan v. Director of Forestry, 125 SCRA 302], except in the instances when the
doctrine of qualified political agency applies, in which case the decision of the
Cabinet Secretary carries the presumptive approval of the President, and there is
no need to appeal the decision to the President in order to complete exhaustion
of administrative remedies [Kilusang Bayan, etc., v. Dominguez, 205 SCRA 92]
7. The President exercises only the power of general supervision over local
governments [Sec. 4, Art. X], i)
i) On the President’s power of general supervision, however, the
President can only interfere in the affairs and activities of a local government unit
if he or she finds that the latter had acted contrary to law. The President or any
of his alter egos, cannot interfere in local affairs as long as the concerned local
government unit acts within the parameters of the law and the Constitution. Any
directive, therefore, by the President or any of his alter egos seeking to alter the
wisdom of a law-conforming judgment on local affairs of a local government unit
is a patent nullity, autonomy, as well as the doctrine of separation of powers of
the executive and the legislative departments in governing municipal
corporations [Judge Dadole v. Commission on Audit, G.R. No. 125350. December
3, 2002].
8. The Military Powers [Sec. 18, Art. VII: “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 cases 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. x x x”]
a) To call out (such) armed forces to prevent or suppress lawless violence, invasion
or rebellion;
b) Power to suspend the privilege of the writ of habeas corpus; and
c) Power to put the Philippines or any part thereof under martial law.
i) Grounds: Invasion or rebellion, when public safety requires it.
ii) Duration: Not to exceed sixty days, following which it shall be lifted,
unless extended by Congress.
iii) Duty of President to report action to Congress: within 48 hours,
personally or in writing.
 to authorize the President to exercise powers necessary and proper to
carry out a declared national policy.
9. TAXATION power (SECTION 28): to raise revenue.
i) Rule of taxation shall be uniform and equitable. Congress shall evolve
a progressive system of taxation. Should be exercised for public purpose only.
Requisites for a uniform taxation: 1) substantial standard
2) germane to the purpose of law
3) law applies to both present and future conditions
4) classification applies equally to all those belonging to the same class
Progressive = rate increases as the tax base increases
ii) Charitable institutions, etc., and all lands, building and improvements
actually, directly and exclusively used for religious, charitable or educational
purposes shall be exempt from taxation [Sec. 28(3), Art. VI]. See Lladoc v.
Commissioner of Internal Revenue, 14 SCRA 292; Province of Abra v. Hernando,
107 SCRA 104.
iii) All revenues and assets of non-stock, non-profit educational
institutions used actually, directly and exclusively for educational purposes shall
be exempt from taxes and duties [Sec. 4(3), Art. XIV]. See Abra Valley College v.
Aquino, 162 SCRA 106.
iv) Law granting tax exemption shall be passed only with the concurrence
of the majority of all the members of Congress [Sec. 29(4), Art. VI].
10. POWER TO APPROPRIATE (SECTION 29): control of the expenditure of
public funds belongs to Congress.
SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance
of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system of religion, or of any
priest, preacher, minister, or other religious teacher, or dignitary as such, except
when such priest, preacher, minister, or dignitary is assigned to the armed forces,
or to any penal institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be treated as
a special fund and paid out for such purpose only. If the purpose for which a
special fund was created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the Government.
iv) Congress may revoke [or extend on request of the President] the
effectivity of proclamation by a majority vote of all its members, voting jointly.
9. The Pardoning Power [Sec. 19, Art. VII: “Except in cases of impeachment, or as
otherwise provided in the 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”.]
Definitions:
i) Pardon. An act of grace which exempts the individual on whom it is
bestowed from the punishment that the law inflicts for the crime he has
committed.
ii) Commutation. Reduction or mitigation of the penalty.
iii) Reprieve. Postponement of a sentence or stay of execution.
iv) Parole. Release from imprisonment, but without full restoration of
liberty, as parolee is still in the custody of the law although not in confinement.
v) Amnesty. Act of grace, concurred in by the legislature, usually extended
to groups of persons who committed political offenses, which puts into oblivion
the offense itself.
Limitations on exercise:
i) Cannot be granted in cases of impeachment [Sec. 19, Art. VII].
ii) Cannot be granted in cases of violation of election laws without the
favorable recommendation of the Commission on Elections [Sec. 5, Art. IX-C].
iii) Can be granted only after conviction by final judgment. In People v.
Salle, 250 SCRA 581,
iv) Cannot be granted in cases of legislative contempt (as it would violate
separation of powers), or civil contempt (as the State is without interest in the
same)
v) Cannot absolve the convict of civil liability.
PARDON vs. AMNESTY
Pardon is granted by the Chief Executive and as such it is a private act which must
be pleaded and proved by the person pardoned, because the courts take no
notice thereof; while amnesty by Proclamation of the Chief Executive with the
concurrence of Congress, is a public act of which the courts should take judicial
notice. Pardon is granted to one after conviction; while amnesty is granted to
classes of persons or communities who may be guilty of political offense,
generally before or after the institution of the criminal prosecution and
sometimes after conviction. Pardon looks forward and relieves the offender from
the consequences of an offense of which he has been convicted, that is, it
abolishes or forgives the punishment, and for that reason it does "not work
restoration of the rights to hold public office, or the right of suffrage, unless such
rights be expressly restored by the terms of the pardon," and it "in no case
 11. Power to increase APPELLATE jurisdiction of SC – but only with the
advice and concurrence of the SC itself. Purpose is to prevent the
overburdening of the SC.
- Police power
- Power of eminent domain
- Power to choose who shall become President in case of tie (Sec 4 (4))
- Power to impose death penalty
- Power to act as a constituent assembly
- Power to concur in Presidential amnesties. Concurrence of majority of
all the members of Congress [Sec. 19, Art. VII],
- Power to concur in treaties or international agreements. Concurrence
of at least 2/3 of all the members of the Senate [Sec. 21, Art. VII]. See
Commissioner of Customs v. Eastern Sea Trading, 3 SCR A 351.
- Power to confirm certain appointments/nominations made by the
President.
a) Nomination made by the President in the event of a vacancy in the
Office of Vice President, from among the members of Congress, confirmed by a
majority vote of all the Members of both Houses of Congress, voting separately
[Sec. 9, Art. VII],
b) Nominations made by the President under Sec. 16, Art. VII,
confirmed by Commission on Appointments.
- Power of impeachment [Sec. 2, Art. XI].
- Power relative to natural resources [Sec. 2, Art. XII].
Power to propose amendments to the Constitution [Secs. 1 and 2, Art XVII].
exempts the culprit from the payment of the civil indemnity imposed upon him
by the sentence" (Article 36, Revised Penal Code). While amnesty looks backward
and abolishes and puts into oblivion the offense itself, it so overlooks and
obliterates the offense with which is charged that the person released by amnesty
stands before the law precisely as though he had committed no offense.
10. The Borrowing Power. Sec. 20, Art. VII: “The President may contract or
guarantee foreign loans on behalf of the Republic with the prior concurrence of
the Monetary Board, and subject to such limitations as may
be provided by law. The Monetary Board shall, within 30 days from the end of
every quarter, 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.”
11. The Diplomatic Power. Sec. 21, Art. VII: “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. ”
12. Budgetary Power. Sec. 22, Art. VII: “The President shall submit to Congress
within 30 days from the opening of every regular session, as the basis of the
general appropriations act, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures. ”
13. The Informing Power. Sec. 23, Art. VII: “The President shall address the
Congress at the opening of its regular session. He may also appear before it at any
other time.”
14. Other powers:
a) Call Congress to a special session [Sec. 15, Art. VI: “x x x The President
may call a special session at any time ],
b) Power to approve or veto bills [Sec. 27, Art. VI].
c) To consent to deputation of government personnel by the Commission
on Elections [Sec. 2(4), Art. IX-C].
d) To discipline such deputies [Sec. 2(8), Art. IX-C].
e) By delegation from Congress, emergency powers [Sec. 23(2), Art. VI],
and tariff powers [Sec. 28(2), Art. VI].
f) General supervision over local governments and autonomous regional
governments [Art. X].
g) residual powers: those which are not expressly vested in Legislature or
Judiciary, are impliedly vested in the Executive.
Impoundment. The refusal by the President for whatever reason to spend funds
made available by Congress. It is the failure to spend or obligate budget authority
of any type [Philconsa v. Enriquez, supra.]. This power of the President is derived
from Sec. 38 of the Administrative Code of 1987 on suspension.