CONSTITUTIONAL LAW FINALS
Congress may prescribe
LEGISLATIVE DEPARTMENT
Delegation of legislative power (p. 116 -128)
 Potestas delegate non delegari potest – what has been
delegated cannot be delegated
 The person who has been delegated a power has a duty to
perform such power through the instrumentality of his own
judgement and not through the intervening mind of another.
Delegation of legislative powers is permitted:
 Tariff powers to the President (sec. 28.2)
o Reason: Necessity of giving the C.E the authority to
act immediately on certain matters affecting the
national economy
o Legislative process is too cumbersome for the
speedy solution of some economic problems
o Fix tariff rates, import and export quotas, and other
taxes
o NOT power to negotiate treaties and international
agreements
 Emergency powers to the President (sec. 23.2)
o This authority may be discharged by him with more
dispatch and decisiveness than the Congress
o Divisiveness and delay inherent in lawmaking
process may hamper effective solution of the
problem
o Such authority is subject to certain restrictions and
requirements intended to make him ONLY AN
AGENT RATHER THAN A REPLACEMENT OF
THE LEGISLATURE. Conditions:
 There must be war or another national
emergency
 Delegation must be for a limited period only
 Delegation is subject to restrictions
 Emergency powers must be exercised to
carry out a national policy declared by
Congress
o NO DELEGATION OF EMERGENCY POWERS
W/O EMERGENCY
o Will automatically cease upon end of the emergency
o Conferment of emergency powers is not mandatory
on the Congress
 Emergency does not automatically confer
emergency powers on the C.E.
 Mere continuance of emergpency does not
necessarily continue the President’s
emergency powers if they have been granted
for a shorter period.
 Delegation to the people
o Cooley
 The people cannot exercise legislative
functions
 They voluntarily surrender such power upon
the adoption of the constitution
 The people act only through their
representatives
o People vs. Vera
o Referendum: method of submitting an important
legislative measure to a direct vote of the whole
people
o Plebiscite: decree of the people
o Definition in R.A 6735
 Referendum: power of the electorate to
approve or reject a legislation through an
election called for the purpose
 Plebiscite: electoral process by which an
initiative on the Constitution is approved or
rejected by the people
  Delegation to Local Governments
o Based on recognition that local legislatures are more
knowledgeable than the national lawmaking body
on the matters of purely local concern
o They are in a better position to enact the necessary
and appropriate legislation
o Local affairs = local authority; general affairs =
central authority
o Such legislation is not a transfer of general
legislative power but a grant of the authority to
prescribe local regulations
 Delegation to administrative bodies
o There are a lot of specialized activities that the
Congress found it necessary to entrust such
problems to administrative agencies
o Power of subordinate legislation
o The legislature cannot promulgate laws that will
deal adequately with and respond to everyday life
o Admin bodies may implement broad policies laid
down n a statute by filing in the details which the
Congress was not able to provide
o Supplementary regulations – what their
promulgated rules are called
o To be valid:
 Promulgation must be authorized by
legislature
 Must be within the scope of the authority
 Promulgated in accordance with prescribed
procedure
 Must be reasonable
Tests of Delegation
Delegation should not give the delegate unlimited
legislative authority
1. Completeness test
a. Law must be complete in all its essential terms and
conditions when it leaves the legislature so that there
will be nothing left for the delegate to do
b. Law is complete when it sets forth the policy to be
executed
c. Invalid delegation is when there are gaps in the law
which allow the delegate to step into the shoes of the
legislature
2. Sufficient standard test
a. Intended to map out the boundaries f the delegate’s
authority by defining legislative policy and indicating
the circumstances it should be pursued
b. Purpose: prevent total transference of legislative power
from lawmaking body to the delegate
c. Must specify the limits of delegate’s authority
 CHECK PELAEZ CASE
Power to act as canvassing board
Art. 7 Sec. 4 - The returns of every election for President and Vice-
President, duly certified by the board of canvassers of each province or
city, shall be transmitted to the Congress, directed to the President of
the Senate. Upon receipt of the certificates of canvass, the President of
the Senate shall, not later than thirty days after the day of the election,
open all certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the
manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed
elected, but in case two or more shall have an equal and highest
number of votes, one of them shall forthwith be chosen by the vote of
a majority of all the Members of both Houses of the Congress, voting
separately.
The Congress shall promulgate its rules for the canvassing of the
certificates
Power to act as constituent assembly
Art. 17, sec. 1 - Any amendment to, or revision of, this Constitution
may be proposed by: (1) The Congress, upon a vote of three-fourths of
all its Members; or (2) A constitutional convention.
Power of Impeachment
Art. 11, sec. 3 - (1) The House of Representatives shall have the
exclusive power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any
Member of the House of Representatives or by any citizen upon a
resolution of endorsement by any Member thereof, which shall be
included in the Order of Business within ten session days, and referred
to the proper Committee within three session days thereafter. The
Committee, after hearing, and by a majority vote of all its Members,
shall submit its report to the House within sixty session days from such
referral, together with the corresponding resolution. The resolution
shall be calendared for consideration by the House within ten session
days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall
be necessary either to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution.
The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed
by at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same
official more than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on
oath or affirmation. When the President of the Philippines is on trial,
the Chief Justice of the Supreme Court shall preside, but shall not vote.
No person shall be convicted without the concurrence of two-thirds of
all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than
removal from office and disqualification to hold any office under the
Republic of the Philippines, but the party convicted shall nevertheless
be liable and subject to prosecution, trial, and punishment according to
law.
(8) The Congress shall promulgate its rules on impeachment to
effectively carry out the purpose of this section.
Power to declare war or national emergency
Art. 6, sec. 23 par. 1 and 2 - (1) The Congress, by a vote of two-thirds
of both Houses in joint session assembled, voting separately, shall
have the sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease
upon the next adjournment thereof.
Art. 12, sec. 17 - In times of national emergency, when the public
interest so requires, the State may, during the emergency and under
reasonable terms prescribed by it, temporarily take over or direct the
operation of any privately-owned public utility or business affected
with public interest.
Power to Appropriate (sec. 24, 25, 26, 27; p. 187)
 Appropriation – statute which the primary and specific
purpose is to authorize the release of public funds from the
treasury
 o General appropriations law – passed annually
intends to provide for the financial operations of the
entire government during one fiscal period
o Special appropriation – designed for a specific
purpose
 It is essential to the validity of an appropriation that it is
devoted to public purpose
 Valid: the sum authorized to be released must be
determinate or at least determinable
o Ideally, law must appropriate fixed amount
 Constitutional limitations:
o Appropriation bills should originate in HoR
o Funds for particular officials are disbursed only for
public purposes
o Special appropriation bill shall specify its purpose
o Purpose: discontinue practice of fictitious
appropriations
o General appropriations act (sec. 25)
 Congress may not increase appropriations
recommended by the President in the budget
 Reason: theory that the President knows
more about the needed appropriations than
the legislature
 No prohibition in reducing, only in
increasing; no reduction when it comes to
judiciary
 Budget is only a proposal or recommendation used as a
basis for enactment of GAL
 General Appropriations Law – measure that authorizes the
release of public funds (sec. 29)
 Appropriations for sectarian purposes (sec. 29)
o Sects, church, denomination are not part of
appropriation
o Purpose: bolster the principle of separation of
church and state and emphasize the neutrality of
state in ecclesiastical matters
o Applicable only when the appropriation is intended
purposely to benefit religious institution
 Automatic re-appropriation
o The old GAA is deemed continued in operation
when the Congress failed to pass a general
appropriations bill (sec. 25)
 Special funds
o Tax levied for a special purpose
o If the fund has been fulfilled or abandoned, the
balance shall form part of the general funds of the
government
Power to Tax (sec. 28) p. 194
 Inherent power in the State
 Generally vested in the legislature
 Limitations:
o Uniform
 People in the same class are taxed at the
same rate
o Equitable
 Tax burden must be imposed according to
the taxpayer’s capacity to pay
o Congress shall evolve a progressive system of
taxation
 Tends to accelerate
o Tax laws must be for public purpose
o May not be levied for the purpose of paying
corporate debts
 Exempt from taxation
o Educational, charitable, and religious institutions
 ONLY if their lands, improvements, and
buildings are actually, directly, exclusively
devoted to their basic purpose
o Non- profit cemeteries
o Mosques
o Taxes covered are real estate taxes which are
imposed on the property itself
 Absolute majority of the entire membership of the
Congress is required for tax exemption
 o Reason: tax exemption represents a withholding of
the power to tax and consequent loss of revenue to
the government.
o Tax exemption are never presumed and are strictly
construed against tax payer
Power of National Economy and Patrimony (Art. 12) – Read 1987
Constitution
Power to Confirm Appointment (Art. 7, sec. 16)
“…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 compulsory, but such
appointments shall be effective only until after disapproval by the
Commission on Appointments or until the next adjournment of the
Congress.” – MORE ON CASES
Power to define jurisdiction of courts (Art. 8, sec. 2)
The Congress shall have the power to define, prescribe, and apportion
the jurisdiction of various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in Section 5 hereof.
Power to address vacancy in the office, in the event of failure to
qualify, death, permanent disability, removal from office or
resignation (Art. 7 sec. 7, 8, 9, 10, 11)
7 - The 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, in case of death, permanent disability,
or inability of the officials mentioned in the next preceding paragraph.
8 - The Congress shall, by law, provide who shall serve as President in
case of death, permanent disability, or resignation of the Acting
President. He shall serve until the President or the Vice-President shall
have been elected and qualified, and be subject to the same restrictions
of powers and disqualifications as the Acting President.
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.
10 – Congress shall convene to enact a bill calling for a special
election
11 – Read constitution itself
Power to Revoke or extend proclamation of Martial Law or
suspension of writ of habeas corpus (Art. 7, sec. 18)
“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.”
Power to concur in treaties and international agreements (art. 7,
sec. 21)
No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.
Power to Discipline (Art. 6, sec. 16.2.3)
 Quorum (2): any number sufficient to transact business
which may be less than the majority of the membership
 Quorum must be a majority of each house
 3: rules of proceedings are needed for the orderly conduct
of the sessions of the Congress.
o Within the exclusive discretion of each Houses to
formulate and interpret
o May not be judicially reversed
o “disorderly behavior is prerogative of Congress and
cannot be judicially reviewed
Power of legislative inquiry and investigation (art. 6 sec 21, 22) p.
184
 Granted to Congress and also their committees
 It must be in aid of legislation
 Principles and rights may be validly invoked:
o President’s executive privilege
o Fiscal autonomy and constitutional independence of
Judiciary
o Sub judice rule
o Right to privacy
o Right to self-incrimination
 The subject of legislative inquiry is a political question
 Power to punish contempt:
o Failure or refusal to attend a legitimate legislative
investigation may be punished as legislative
contempt
o The offender could be imprisoned indefinitely by
the Senate provided that the punishment did not
become so long as to violate due process
o Imprisonment could last until the final adjournment
of the body
Power over inter-chamber matters
Power to withdraw support to the President of the Philippines
(Art. 7, sec.11)
EXECUTIVE DEPARTMENT p. 202
The President (sec. 1 and 2)
Executive power
 Power to enforce and administer laws
 The President has a lot of power and responsibilities which
makes him the most influential person in the land
Qualifications:
 Exclusive and may be reduced or increased by the Congress
 Natural born citizen of the PH
o Citizen of PH from birth w/o having to acquire his
PH citizenship
o At the time of filing of COC, make a personal and
sworn renunciation of any and all foreign
citizenship
 Registered voter
 Able to read and write
 At least 40 years old on the day of election
 Resident of the PH for at least 10 years
o Ensure close touch by the President with the
country to be familiar with its conditions and
problems
Election and proclamation
 President and VP are elected by direct vote of the people
 Presidential election held at six years intervals on 2nd
Monday of May
 In case of a tie, the winner will be chosen by a vote of the
majority of all the members of Congress, voting separately.
  SC sitting en banc is the sole judge of the contests relating
to election, returns, and qualifications of the President or
VP
Term
 6 years
 Only one presidential term
The Vice President
 Elected directly by the people
 Term: 6 years
 Removed only through impeachment
 Same qualification with the President
 Eligible for the position of member of the cabinet
o Appointment does not need confirmation
o Prevent being a presidential standby
o May not demand appointment or be compelled to
accept it
 Allowed to serve for 2 successive terms
 Vacancy: president shall nominate and then the winner is
confirmed by the majority vote of the congress voting
separately
o w/o concurrence of both houses, not confirmed
Perquisites and inhibitions
 Salary of the President and VP cannot be reduced or
increased during their term
o Prevent legislature from weakening their fortitude
by appealing to their avarice or corrupting their
integrity
 The president cannot accept other employment elsewhere
and must confine himself to the duties of his office
 The VP may be appointed as a cabinet member BUT may
not receive additional compensation
 The President, VP, members of cabinet, deputies and
assistants shall not hold any other office during their tenure
o In line with the principle that a public office is a
public trust and should not be abused for personal
advantage
o Prevent nepotism: 2nd paragraph of section 13
Immunity from suit
 During the tenure of the president, he may not be sued in
any civil or criminal case
 Immunity of the president covers only official acts
 Can waive such immunity
Vacancy and consequences
 Sec. 7: vacancy occurring before President’s term
o Death of permanent disability
o Failure to elect the President
o Failure of President-elect to qualify
o In the first case, VP shall become the President. In
the 2 cases, VP shall merely act as president
 Sec. 8: vacancies afterwards/ during incumbency
o Death
o Permanent disability
o Removal
o Resignation
o In any of these situations, the VP shall become the
President
 In case both Presidential and VP office are vacated (sec.
10)
o Congress shall call for a special election
o NO special election if vacancy occurs within 18
months before presidential elections
Power of control/review (sec. 17) p. 239
 Control: power of an officer to alter or modify or nullify or
set aside what subordinate officer has done in the
performance of his duties and to substitute the judgement of
the former to that of the latter.
o Includes:
 authority to order the doing of an act by a
subordinate
 undo such act
 assume power directly vested in him by law
o stronger power than supervision
o Distinguish: supervision and control
 Supervision: merely sees to it that the rules
are followed but he himself does not lay
down such rules nor does he have the
discretion to modify or replace them. May
order a work to be done but only to conform
to the prescribed rules
 Control: officer lays down the rules in the
doing of an act. If they are not followed, he
may, in his discretion, order the act done to
be undone or re-done by his subordinate or
he may even decide to do it on his own.
o The President has full control of all the members of
his Cabinet:
 He may appoint them as he sees fit
 He may also replace them in his discretion
w/o legal inhibition
 The members of the cabinet are subject at all
times to the disposition of the president
 They are the president’s alter ego
 DOCTRINE OF QUALIFIED POLITICAL
AGENCY
 Department secretaries are the alter
egos or assistants of the President
and their acts are presumed to be
those of the latter unless disapproved
or reprobated by him
 EXCEPTION: not applicable to the
acts of cabinet secretaries done in
their capacity as ex officio board
directors of a government owned
corporation which they become
member not because of the
appointment of the president but by
authority of law
o Executive control is not absolute and may be
limited by the constitution, by law or by judicial
decisions
 Also, subject to the rule-making authority to
the SC
o Power to control justifies an executive action to
carry out reorganization measures under broad
authority of law
o Sec. 17 is a self-executing provision
 The president derives power from the
constitution and not from any implementing
legislation
o Power of control is exercisable by the president
over the acts of his subordinate and not necessarily
over the subordinate himself
Power as Commander-in-chief (sec. 18) p. 245
 Bolsters the principle in Art. 2, sec 3: Civilian authority is,
at all times, supreme over the military
 By making the president the CIC, Constitution lessens the
danger of a military take-over of the government in
violation of its republican nature
o It is important that the military be subordinated to
the President so he can keep them in check
whenever they are tempted to impose their will
upon the government
Command of the armed forces
 Power of sword
 He plans all campaigns, sieges, blockades, directs all
marches, fights all battles
 He can determine what degree of force a particular crisis
demands
 Courts martial: agencies of executive character which may
be convened by the President independently of legislation
and by virtue only of his constitutional function
o Do not pertain to judiciary
o Utilized by C.E in properly commanding and
enforcing discipline in the armed forces
o Instrumentalities of the executive power to aid him
in properly commanding the army and navy and
enforcing discipline
o Garcia vs. Exec. Sec.: general court martial is a
court within the strictest sense of the word and acts
as a criminal court
 President as CIC may validly prohibit a military officer
from testifying in a legislative inquiry
Habeas corpus
 Writ of habeas corpus: directed to the person detaining
another, commanding him to produce the body of a
prisoner at a designated place and time with the day and
cause of his caption and detention, to do, to submit to, and
receive whatever the court or judge considered
 May suspend only when there is invasion or rebellion
o SC can annul the suspension if it is not based on
these two
 What is permitted to be suspended by the President is NOT
the writ but only its privilege
 SC has the power to inquire into the factual basis of the
suspension and annul it if no legal ground could be
established
Martial law
 Martial law: law which has application when the military
arm does not supersede civil authority but is called upon to
aid it in the execution of its civil function
o No further legal effect than to warn citizens that the
military power powers have been called upon by the
executive
 When it is declared:
o no new powers are given to the executive
o no extension of arbitrary authority is recognized
o no civil rights of individuals are suspended
Limitations of Military power
 May call out armed forces ONLY WHEN it becomes
necessary to suppress lawless violence, invasion or
rebellion
 Grounds for suspension of writ and declaration of ML is
limited only to invasion and rebellion
 Duration of proclamation SHALL NOT EXCEED 60 days
o It will be automatically lifted if it exceeds
 Within 48 hours after such suspension or declaration the
President shall write a report of his action to the Congress.
o If congress is not in session, they must convene
within 24 hours
 Congress may revoke his action by a majority vote of all its
members voting JOINTLY
 Revocation may not be set aside by the President
 Congress, upon the initiative of the president, may extend
his suspension or proclamation for a period to be
determined by Congress IF the invasion or rebellion shall
continue and public safety requires extension
 The action of President and Congress shall be subject to
review by the SC which will determine the sufficiency of
the factual basis of the action
 o May be raised by ANY citizen
o Must decide on it within 30 days
o Here the Congress and president are acting jointly
o President initiates and congress maintains
o Congress review powers is automatic
o Constitutional validity of suspension or
proclamation is first a political question before it
becomes a justiciable one
 Martial law does not automatically suspend the writ or
operation of Constitution. Civil courts and legislative
bodies shall remain open.
o Military courts are not conferred jurisdiction over
civilians when civil courts are functioning
 Suspension of the writ shall apply ONLY TO persons
facing charges of rebellion or offenses inherent in or
directly connected with invasion.
o Any person arrested for such offense must be
judicially charged within 3 days otherwise, released
Emergency powers (sec. 18, Art. 12 sec. 17)
 Refer to page one of this reviewer for discussion
Art. 12 sec. 17 - In times of national emergency, when the public
interest so requires, the State may, during the emergency and under
reasonable terms prescribed by it, temporarily take over or direct the
operation of any privately-owned public utility or business affected
with public interest.
Power of Appointment (sec. 14, 15, 16)
 Appointment: selection by the authority vested with the
power, of an individual who is to exercise the functions of a
given office; act of designation by the appointing officer
 Intrinsically executive
o But legislative, judiciary and Constitutional
Commissions may appoint over their own personnel
 Commission is the written evidence of an appointment
 Constitution vests the power to appoint to the President in
sec. 16
o Permanent appointments: extended to persons
possessing the requisite eligibility and protected by
constitutional provision on security of tenure
o Temporary: given to persons without such
eligibility, are revocable at will and without the
necessity of just cause or valid investigation
 Purpose: prevent a hiatus in discharge of
official functions
 Term of office is not fixed
 Whenever a person is designated to a
position, he shall hold the office only in a
temporary capacity and may be replaced by
the appointing authority
 Designation connotes an imposition
of additional duties upon a person
already in the public service by
virtue of an earlier appointment
 Does not entail payment of
additional benefits or salary
 Not subject to confirmation of COA
 Six categories of official subject to appointing power:
o Heads of executive department
o Ambassadors, other public ministers and consuls
o Officers of the armed forces from the rank of
colonel or naval captain
o Those other officers whose appointments are vested
to C. E by the Constitution
o All other officers of the government whose
appointments are not provided for by law
o Those whom he may be authorized by law to
appoint
 Distinguish: Regular and ad interim
o Regular: following the usual steps of appointment
which are nomination by president and then
confirmation by COA (confirmation before
appointment)
 o Ad interim: appointment comes before the
confirmation
o Regular: made and approved during session
o Ad interim: during recess and becomes effective
them, subject to confirmation or rejection later
during the next legislative session
o Regular: continues until the end of the term
o Ad interim: ceases if disapproved by COA
 Ad interim is permanent appointment
o Intended to prevent hiatus in discharge of official
duty
 Power to appoint may be limited by Congress through its
power to prescribe qualifications for P.O. Judiciary may
annul appointment if appointee has not been validly
confirmed
 Power of appointment is a discretionary power and must be
performed by that who was vested such power.
o Only condition is that he must have the
qualifications provided for by the law
 Appointment is complete upon acceptance
 Special limitations on appointing power:
o Sec 14: when the elected president does not act
upon the appointments made by acting president,
such appointments are ratified
o Sec. 15: midnight appointments; 2 months before
national elections
 Prohibition does not cover appointments to
SC
Power to Discipline: cases
Power to Pardon (sec. 19) p. 256
 Executive clemency is granted for purposes of relieving the
harshness of law or correcting mistakes in the
administration of justice
 Exercise of pardoning power is discretionary
Definition:
 Pardon: act of grace which exempts the individual from the
punishment which the law inflicts for the crime committed
 Commutation: reduction or mitigation of penalty
 Reprieve: postponement of a sentence to a date certain or a
stay of execution
o May be ordered to enable the government to secure
additional evidence to ascertain the guilt
Limitations:
 Pardon cannot be granted in cases of impeachment
o Impeachment is not a judicial proceeding
 No pardon can be granted for the violation of election law,
rule or regulation without the favorable recommendation of
COMELEC
o Not every offense committed on election day is
considered an election offense
 Pardon can be granted only after conviction by final
judgement
 Pardon cannot be extended to person convicted of
legislative contempt or civil contempt
 Pardon cannot be extended for the purpose of absolving
civil liability
 Pardon will also not restore offices forfeited
Kinds of pardon
1. Absolute or conditional
a. Absolute: one that is extended w/o strings attached
b. Conditional: one which the convict is required to
comply with a certain requirement
2. Plenary or partial
a. Plenary: extinguishes all the penalties imposed upon the
offender
b. Partial: does not extinguish accessory disabilities
Effects of pardon  Pardon: there must be certain act of acceptance
 Amnesty: requires concurrence of congress
 Restore not only his liberty but also his civil and political  Pardon: does not require it
rights  Amnesty: public act which the courts take judicial notice
 Does not erase the fact of commission of crime and  Pardon: private act of the president which must be pleaded
conviction and proved by the person; courts do not take judicial notice
 Does not automatically reinstate officials in position  Amnesty: looks backward and abolishes offense
 Pardon: looks forward and relieves offender from the
Distinguish: pardon and parole consequences of an offense

 Parole: involves only a release of the convict from Power to Veto

imprisonment but not restoration of liberty; parolee is still
in custody of law Power over the national budget and general appropriations (sec
 Pardon: sentence is condoned 22) p. 266

Distinguish: parole and probation  Power is entrusted to the executive as the president is in the
best position to determine the needs of the government and
 Parole: executive propose the appropriations for each on the basis of existing
 Probation: judicial or expected sources of revenue
 Parole: presupposes the prior service of a part of sentence  The congress may not increase appropriations
 Probation: may be granted before actual service of sentence recommended by the President

Amnesty Power to enter into treaties and international agreement p. 263

 Granted by president with the concurrence of Congress
o Concurrence must be given by majority of all the
members of Congress
 Previous admission of guilt is necessary
Distinguish: amnesty and pardon
 Amnesty: addressed to crimes against sovereignty of state,
political offenses
 Pardon: infractions of the peace of state
 Amnesty: addressed to classes or communities of persons
 Pardon: individual
 Amnesty: there may or may not be distinct acts or
acceptance
 Has the power to enter into treaties subject to sec. 21 in
which such agreement or treaty becomes effective only
after the concurrence of at least 2/3 of all the Members of
Senate
 International agreement does not include executive
agreement
o E.A may be concluded by the President alone
o E.A is less formal and deals with narrower range of
subjects
o All that is needed is that it must be an agreement
between the states and it must be written and
governed by international law
 Treaty has higher dignity than E.A because behind a treaty
is the authority of President, senate and people
  Treaties and international agreements have a limiting effect Power Over the National Economy and Patrimony
on the encompassing and absolute nature of sovereignty
 E.A cannot amend treaty Power Over Peace Process
 It is only within the authority of the President to refuse to
submit a treaty to the senate or refuse to ratify it JUDICIAL DEPARTMENT p. 268
 TREATY MAKING POWER IS EXCLUSIVE TO THE
PRESIDENT The Supreme Court
o Congress may not interfere in the treaty negotiations
 Treaties and international agreements are subject to check Judicial Power
by the SC
 Vested in the SC and lower courts established by law
Power to contract or guarantee foreign loans (sec. 20) p. 262  SC is the only constitutional court. Others are statutory
creation
Sec 20 - The President may contract or guarantee foreign loans on  Judiciary Reorganization Law
behalf of the Republic of the Philippines with the prior concurrence of o Court of Appeals
the Monetary Board, and subject to such limitations as may be o RTC
provided by law. The Monetary Board shall, within thirty days from o MTC
the end of every quarter of the calendar year, submit to the Congress a o MCTC
complete report of its decisions on applications for loans to be o Not included in reorganization are:
contracted or guaranteed by the Government or government-owned  Courts of Tax Appeals
and controlled corporations which would have the effect of increasing  Sandiganbayan
the foreign debt, and containing other matters as may be provided by  Sharia courts
law.  Constitution speaks only of ONE SC. Congress cannot
create a temporary SC
Power to Impose Tariff and Taxes  Judicial power: settle actual controversies involving rights
and determine whether there has been grave abuse of
Power of General Supervision Over Local Governments discretion
o Broadened powers of the SC
Power over Foreign Relations, Sec. 21  Judicial power includes power of courts to alter, modify or
set aside their decisions before they become final and
Sec. 21 - No treaty or international agreement shall be valid and unalterable
effective unless concurred in by at least two-thirds of all the Members
of the Senate. Jurisdiction

Power over Foreign Nationals  Authority by which the courts take cognizance of and
decide cases
Power over Executive Offices and Reorganization  Legal right by which judges exercise their authority
  Although appellate jurisdiction of SC may be increased, it
may be done only with the concurrence of SC
 Lower courts need a law to define their jurisdiction
Fiscal Autonomy (sec. 3)
 Judiciary enjoys fiscal autonomy intended to strengthen the
independence of judiciary
 Fiscal autonomy: full flexibility to allocate and utilize their
resources with the wisdom and dispatch that their needs
require.
Security of Tenure (sec. 2)
Sec. 2 - No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its Members.
Disqualifications (sec. 12)
Sec. 12 - The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency performing
quasi-judicial or administrative functions.
Powers of SC (sec. 5, 13, 14)
 Original jurisdiction
o Cases affecting ambassadors, public ministers,
consuls, petitions for certiorari, prohibition,
mandamus, quo warranto, habeas corpus
o Diplomats and consuls can be subjected to the court
when they waive their immunity
o Petitions: the nature and importance of issues raised
may warrant direct resort to SC
 Appellate Jurisdiction
o Appeal as a general rule a matter of statutory right
dependent upon the discretion or policy of the
lawmaking body
o Not absolute
o A judgement of the lower court may be revised,
reviewed, reversed, modified or affirmed by the SC
o Appeals allowed are final judgements and decrees
of lower courts or judicial tribunals
 Admin decisions are not included
o Court martials are part of the inferior courts
 Temporary assignment of judges
o Bolsters independence of judiciary as it directly
gives the SC the power to appoint temporary judges
o Minimize the practice of rigodon de jueces
o May be justified to arrange for judges with clogged
dockets to be assisted by their less busy colleagues
or replacement of regular judge
 Change of venue or place of trial
 Rule-making power
o Promulgate rules on additional subject
o SC is authorized to promulgate rules concerning the
protection and enforcement of constitutional right
o The rules must provide for a simplified and in
expensive procedure for speedy disposition of cases
o Limitations:
 Rules must be uniform for all courts of the
same grade
 Rules must not diminish, increase, or modify
subjective rights
o Rules of procedure may be modified at any time and
become effective at once, so long as the change
does not affect vested rights
 Rules of procedure may be given retroactive
effect
 Appointment of court personnel
o Required to be in accordance with Civil Service
Law
 Administrative supervision of courts (sec. 6)
o It is only the SC that can oversee judges’ and court
personnel in compliance with all laws and take the
proper administrative action against them if they
commit violation
 o No other branch of government may intrude into
this power
o Exclusive power of SC
o Entitles SC to regulate foreign travels of judges of
lower court
o Includes power to discipline a lawyer
 Consultations of the court (sec. 13)
o SC is required to reach its conclusion after an
exchange of ideas and full deliberation among its
members
o Cases are not supposed to be assigned for decision
of individual members
o Primary purpose of collegiate court is to provide for
the most exhaustive deliberation before a
conclusion is reached
o A separate opinion is required from any dissenting
justice
o Applicable also to CA and other lower collegiate
courts
o Unpromulgated decision is not a decision at all
 Decisions of the court (se. 14)
o Decisions: judgement rendered after presentation of
proof or on basis of stipulation of facts
o Requirement of due process that the parties are
informed of how it was decided with an explanation
of factual and legal reasons
o Purpose: require that a judicial decision to be clear
why a party has prevailed under the law
o Merely directory
o Applicable only to decisions
o Complete, clear and concise decisions are not
violations
o Minute-resolutions are not included
o Also, administrative decisions
o Doctrine of res judicata: a final judgement or decree
on the merits by a court of competent jurisdiction is
conclusive of the rights of the parties or their privies
in all later suits on points and matter determined in
former suit
o Principle of conclusiveness of judgement: when a
right or fact has been judicially tried and determined
by court or when an opportunity for trial has been
given, the judgement of the court should remain
conclusive upon the parties; bars the re-litigation in
a second case of a fact or question already settled in
previous case
o Law of the case: where an appellate court has made
a ruling on a question on appeal and remands the
case to the lower court for further proceedings, the
question settled by the appellate court becomes the
law of the case at the lower court and in any
subsequent appeal; whatever is irrevocably
established as the controlling legal rule or decision
between the same parties in the same case continues
to be the law of the case whether correct on general
principles or not, SO LONG as the facts on which
the legal rule or decision was predicated
CONTINUE to be the same facts
o Doctrine of stare decisis: adhere to precedents and
not to unsettle things which are established; when
the court has laid down a principle of law as
applicable to certain state of facts, it will adhere to
that principle and apply to all future cases where the
facts are substantially the same regardless of
whether the parties and property are the same
o Doctrine of finality of judgement or immutability of
judgement: once a judgement has become final and
executory, it may no longer be modified in any
respect, even if the modification is meant to correct
an erroneous conclusion of a fact or law
 Purpose: avoid delay in administration of
justice and put an end to judicial
controversies
 Exceptions: correction of clerical errors,
nuno pro tune entries, void judgements,
whenever circumstances transpire after the
finality of the decision that render its
execution unjust and inequitable
  Disciplinary (sec. 11)
o Intended to bolster independence of judges
o Guarantees them security of tenure until they reach
the retirement age of seventy
o They cannot be removed except for cause, which
includes inability to discharge the duties of their
office
o Members of the judiciary may be removed only
after charges have been filed and proved against
them in a proper administrative proceeding
conducted or ordered by the SC
o SC may remove members with the concurrence of
those who actually took part in the deliberations and
voted on the issues of the case

Presidential Electoral Tribunal (Art. 6, sec. 4)

 The SC en banc shall be the sole judge of all contests

relating to the elections, returns, and qualifications of the
president and VP
 PET is not a separate and distinct entity from SC