4 Types of Constitution

1935 Commonwealth Constitution

1973 Constitution enforced during Marcos Regime
1986 Freedom Constitution -effective pending of permanent constitution
1987 Constitution - 18 Articles 304 Sections
- Revive Bi-cameral congress and strictly Presidential
State - is community of persons permanently occupying a fixed territory, possessed independent
government organized political ends which great body of inhabitants render habitual obedience.

THE STATE
I. STATE
o a community of persons, more or less numerous, permanently occupying a fixed territory and
possessed of an independent government organized for political ends to which the great body of
inhabitants render habitual obedience.

CIR v. Campos Rueda

A State is a politically organized sovereign community, independent of outside control, bound by ties of
nationhood, legally supreme within its territory, and acting through government functioning under a
regime of law.
ELEMENTS:
o People --- inhabitants of the State
o Territory --- fixed portion of the surface of the earth inhabited by the people of
the State
o Government --- agency/ instrumentality through which the will of the State is
formulated, expressed, and realized
o Sovereignty --- supreme and uncontrollable power inherent in a State by which that
State is governed
II. COMPONENTS OF THE PHIL STATE
B. PEOPLE – 3 meanings
1. Inhabitants, as used in:a.
o “The State shall protect and promote the right to health of the people and instill health
consciousness among them.”(Sec 15. Art II)b.
o “The State shall protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature.” (Sec 16, Art II)c.
o “The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable x x x”
(Sec 2, Art III)

A. TERRITORY
o Philippine territory consists of: the Philippine archipelago; and all territories over which the
Philippines has sovereignty or jurisdiction
o The Archipelagic Doctrine: Bodies of water within the baseline, regardless of breadth, form part
of the archipelago and are considered as internal waters.

Terrestrial Domain - Land mass

Maritime & Fluvial Domain - internal & external waters, 12NM from baseline
Aerial Domain - Air Space above land and water

C. GOVERNMENT
o Is the agency or instrumentality through which the will of the state is formulated, expressed and
realized
o Government of the Republic of the Philippines” is defined as: “the corporate governmental
entity through which the functions of government are exercised throughout the Philippines, including,
save as the contrary appears rom the context, the various arms through which political authority is
made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city,
municipal, or barangay subdivisions, or other forms of local government.”
1. Functions
a. Constituent functions - constitute the very bonds of society; compulsory
keeping of order and providing protection
fixing of legal relations between man and wife, andchildren
regulation of the holding, transmission andinterchange of property
define crime and punishment
regulates and determines contract betweenindividuals
dealings of state with foreign powers.
b. Ministrant functions - undertaken to advance the general interests of society;
optional
public works
public education
public charity
health and safety regulations
trade and industry

2. Doctrine of Parens Patriae -Parens patriae is the task of the government to act as guardian of the
rights of the people.
-This prerogative of parens patriae is inherent in the supreme power of every state,
whether that power is lodged in a royal person or in the legislature
3. De jure and De Facto Governments
a. De jure government- has rightful title, no power or control
either because this has been withdrawn from it, or because it has not yet actually entered into
the exercise thereof
b. De facto government –
government of fact, that is, it actually exercises power or control
without legal title.
4. GOVERNMENT- A corporate governmental entity which the functions of the
government are exercised throughout the Philippines; permanent
5. ADMINISTRATION – group of persons who reigns for the time being; runs the
government and is transitional
D. SOVEREIGNTY- Supreme and uncontrollable power inherent in a State by which the
State is governed
2 Kinds of Sovereignty
a) Legal sovereignty - power to issue final commands.
b) Political sovereignty - power behind the legal sovereign.
P ermanent
E xclusive
C omprehensive
A bsolute
I nalienable
I nprescription
I ndivinsible
Doctrine of State Immunity
- the state may not be sued, without its consent.
- Suits against the state will result to the impairment of its dignity.
Waiver of Immunity
- Doctrine of state immunity is sometimes called “the royal prerogative of dishonesty”
- State does not often avail itself to this rule to take undue advantages of other parties, may have
legitimate claims against it.
- State may be sued if it gives consent to it.
Acts JURE IMPERII -are acts of a sovereign nature and are subjected to immunity.
Acts JURE GESTIONIS -are commercial acts in respect of which the state is not immune
but is subject to the jurisdiction of the territorial sovereign.
Forms of Consent
1. Express consent
o It is effected only by the will of the legislature through the medium of a duly enacted statute.
Republicanism
o Section 1 of Article II provides “ the Philippines is a democratic and republican state.
Sovereignty resides in the people and all government authority emanates from them.”
o Constitutions now describes the Philippines as not a replubican but also a democratic
state.
o Democracy is essentially government by the people.
1987 Constitution
o accords or gives greater participation to citizens, in the affairs of the government.
o Provides for peoples initiative, the right of information to matters of public concern.
o The will is usually determine by the rule of majority.
The Defense of the State
o Section 4 provides “ the prime duty of the government is to serve and protect the people. The
government may call upon the people to defend the State and in the fulfillment thereof all citizens may
be required under conditions provided by law, to render personal or military service.
o Article 16 Section 4… armed forces of the Philippines shall “be composed of a citizen armed
force which shall undergo military training and serve as may be provided by law.
The national Defense Law, established compulsory military service does not go against the constitutional
provision but is on the contrary in faithful compliance.
The Separation of Church and State
o The separation of church and state shall be inviolable/ unbreakable.
o The rationale is summed up to a familiar saying “strong fences makes a good neighbor”
o To avoid encroachment/ intrusion by one against the other because of misunderstanding of the
limits of their respective jurisdiction.
o State is prohibited in interfering in the matters or the church as the is likewise barred from
meddling with the matters of the state.

Three Branches of the Government

The Legislative branch is authorized to make laws, alter, and repeal them through the power
vested in the Philippine Congress. This institution is divided into the Senate and the House of
Representatives.
o The Executive branch carries out laws, enforcement of the law. It is composed of the President
and the Vice President who are elected by direct popular vote and serve a term of six years. The
Constitution grants the President authority to appoint his Cabinet. These departments form a large
portion of the country’s bureaucracy.
o
o The Judicial branch evaluates and applications of the laws. It holds the power to settle
controversies involving rights that are legally demandable and enforceable. This branch determines
whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on
the part and instrumentality of the government. It is made up of a Supreme Court and lower courts.
Each branch of government can change acts of the other branches as follows:
o The President can veto laws passed by Congress.
o Congress confirms or rejects the President's appointments and can remove the President from
office in exceptional circumstances. Through impeachment.
o The Justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by
the President and confirmed by the Senate.
The Philippine government seeks to act in the best interests of its citizens through this system of checks
and balances.
The Constitution expressly grants the Supreme Court the power of Judicial Review as the power to
declare a treaty, international or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance or regulation unconstitutional.
Legislative Department
The Legislative Branch enacts legislation, confirms or rejects Presidential appointments, and has the
authority to declare war. This branch includes Congress (the Senate and House of Representatives) and
several agencies that provide support services to Congress.
o Senate – The Senate shall be composed of twenty-four Senators who shall be elected at large by
the qualified voters of the Philippines, as may be provided by law.

o House of Representatives – The House of Representatives shall be composed of not more than
two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative
districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with
the number of their respective 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.
The party-list representatives shall constitute twenty per cent of the total number of representatives
including those under the party list. For three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by
law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided by law, except the religious sector.
Executive Department
The executive branch carries out and enforces laws. It includes the President, Vice President, the
Cabinet, executive departments, independent agencies, and other boards, commissions, and
committees.
Key roles of the executive branch include:
o President – The President leads the country. He/she is the head of state, leader of the national
government, and Commander in Chief of all armed forces of the Philippines. The President serves a six-
year term and cannot be re-elected.
o Vice President – The Vice President supports the President. If the President is unable to serve,
the Vice President becomes President. He/she serves a six-year term.

o The Cabinet – Cabinet members serve as advisors to the President. They include the Vice
President and the heads of executive departments. Cabinet members are nominated by the President
and must be confirmed by the Commission of Appointments.
Judicial Department
The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws
violate the Constitution. The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government. The judicial branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution.
STRUCTURE AND POWERS OF THE NATIONAL GOVERNMENT
I. LEGISLATIVE DEPARTMENT
A. Nature and Classification Legislative Power
1. Nature:
o The authority to make laws and to alter or repeal them.
o Vested in Congress, except to the extent reserved to the people by provision on initiative and
referendum
o Plenary (The Congress may legislate on any subject matter provided that the limitations are
observed.)
2. Classification of Legislative Power:
1. Original - possessed by the sovereign people
2. Derivative - delegated by the sovereign people to legislative bodies and is subordinate to the
original power of the people
3. Constituent - power to amend and revise the Constitution
4. Ordinary - power to pass ordinary laws

B. Composition, Qualifications and Term of Office

a. Senate (Art. VI secs. 2-4) •
Composition: 24 senators elected at large
Qualifications:
1. Natural-born citizen .
2. At least 35 years old on the day of the election
3. Able to read and write
4. A registered voter
5. Resident of the Philippines for at least 2 years immediately preceding the
day of the election
Term of Office: 6 years, commencing at noon on the 30th day of June next following their
election
Term Limits: only up to 2 consecutive terms. However, they may serve for more than 2 terms
provided that the terms are not consecutive.

b. House of Representatives (Art. VI secs. 5-8)

Composition: Not more than 250 members, unless otherwise provided by law, consisting of:
1 District Representatives
o elected from legislative districts apportioned among the provinces,
cities, and the Metro Manila area.
o Rules on Apportionment of Legislative Districts:
1. proportional representation based on number of inhabitants a.
o Each city with a population of at least 250,000, or each province, shall have at least 1
representative.
o Each province, irrespective of the number of inhabitants, shall have at least 1 representative. b.
Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory.

2. re-apportionment by Congress within 3 years after the return of each census

2. Party-List Representatives –
o 20% of the total number of representatives
o chosen indirectly through a party selected by voters
o RA 7941
o Parties, organizations, and coalitions must obtain at least 2% of all votes cast to obtain a party-
list seat
o Those garnering more than 2% are entitled to additional seats in proportion to their total
number of votes, but may not have more than 3 seats
o Disqualified:

i. religious sects
ii. foreign organizations
iii. those advocating violence or unlawful means

• Qualified Sectors:

Labor
Peasant
Fisherfolk
Urban poor
indigenous cultural communities
elderly
handicapped
women
youth
veterans
overseas workers
professional
• In the Party-list System:
1) The parties must represent the marginalized and underrepresented.
2) Major political parties must comply with this statutory policy
3) Religious sects are prohibited by the Constitution
4) The party must not be disqualified under RA 7941
5) The part must not be an adjunct of an entity or project funded by the government 6) The party and its
nominees must comply with the requirements of the law
7) The members must come from the marginalized and underrepresented sectors
8) The nominee must be able to contribute to the formulation and enactment of appropriate legislation
that will benefit the nation
THE PRESIDENT OF THE PHILIPPINES
The President of the Philippines is elected by direct vote by the people for a term of six years. He may
only serve for one term, and is ineligible for re-election. The term of the President of the Philippines
starts at noon of the 30th day of June after the election.
The qualifications for an individual aspiring to become the President of the Philippines are outlined in
Article VII, Section 2 of the 1987 Constitution. According to the constitution, an individual may become
President provided he meets the following criteria:
1. natural born Filipino;
2. a registered voter;
3. must be able to read and write;
4. 40 years of age at the day of the election; and
5. must have resided in the Philippines ten years before the election is held.

POWERS OF THE PRESIDENT

Besides the constitution, the powers of the President of the Philippines are specifically outlined in
Executive Order No. 292, s. 1987, otherwise known as the Administrative Code of 1987. The following
powers are:

1. Power of control over the executive branch

o The President of the Philippines has the mandate of control over all the executive departments,
bureaus, and offices. This includes restructuring, reconfiguring, and appointments of their respective
officials. The Administrative Code also provides for the President to be responsible for the
abovementioned offices’ strict implementation of laws.

2. Power ordinance power

o The President of the Philippines has the power to give executive issuances, which are means to
streamline the policy and programs of an administration. There are six issuances that the President may
issue. They are the following as defined in the Administrative Code of 1987:

Executive orders — Acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall be promulgated in executive
orders.

Administrative orders — Acts of the President which relate to particular aspects of governmental
operations in pursuance of his duties as the administrative head shall be promulgated in administrative
orders.

Proclamations — Acts of the President fixing a date or declaring a status or condition of public moment
or interest, upon the existence of which the operation of a specific law or regulation is made to depend,
shall be promulgated in proclamations which shall have the force of an executive order.

Memorandum orders — Acts of the President on matters of administrative detail, or of subordinate or

temporary interest which only concern a particular officer or government office shall be embodied in
memorandum orders.

Memorandum circulars — Acts of the President on matters relating to internal administration, which the
President desires to bring to the attention of all or some of the departments, agencies, bureaus, or
offices of the government, for information or compliance, shall be embodied in memorandum circulars.

General or special orders — Acts and commands of the President in his capacity as commander-in-chief
of the Armed Forces of the Philippines shall be issued as general or special orders.

4. Powers of eminent domain, escheat, land reservation and recovery of ill-gotten wealth.
Power of eminent domain — The President shall determine when it is necessary or advantageous to
exercise the power of eminent domain in behalf of the national government, and direct the solicitor
general, whenever he deems the action advisable, to institute expropriation proceedings in the proper
court.
Power to direct escheat or reversion proceedings — The President shall direct the solicitor general to
institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified
under the constitution to acquire land.

LINE OF SUCCESSION
The constitution provides for a line of succession in the event that the elected President of the
Philippines is not able to discharge the duties of his office due to death, disability, or resignation.

The following is the line of succession:

Vice President — in cases of the death, disability, or resignation of the President
Senate President — in cases of the death, disability, or resignation of the President and Vice President
Speaker of the House of Representatives — in cases of the death, disability, or resignation of the
President, Vice President, and Senate President

Contrary to popular belief, the constitution doesn’t include the Chief Justice of the Supreme Court in the
President’s line of succession.
The Congress of the Philippines is mandated enact a law calling for a special election three days after the
vacancy in the Office of the President and Vice President. The special election should occur 40 days after
the enactment of the law, but not later than 60 days after the enactment of the law.
VICE PRESIDENT OF THE PHILIPPINES
The Vice President of the Philippines is elected by direct vote by the people for a term of six years, and
may run for reelection once. The term of the Vice President of the Philippines starts at noon of the 30th
day of June after a regular election is held.
QUALIFICATIONS
1. natural born Filipino;
2. a registered voter;
3. must be able to read and write;
4. 40 years of age at the day of the election; and
5. must have resided in the Philippines ten years before the election is held.

Each local government has its own chief executive. The following is the list of local chief executives:
barangay — punong barangay (barangay chairman)
municipality — municipal mayor
city — city mayor
province — provincial governor
The local chief executives have the power to approve or veto local ordinances recommended by the
local legislators.
Punong barangay
The punong barangay, as the chief executive of the barangay government, shall exercise and perform
the following powers and functions:

enforce all laws and ordinances which are applicable within the barangay;
Municipal and City mayors
The municipal mayor and city mayor, as the chief executive of the municipal
government and city government, respectively, shall exercise and perform the following
powers and functions:
Provincial governors
The provincial governor, as the chief executive of the provincial government, shall exercise and perform
the following powers and duties:
TERM LIMITS
The offices of the abovementioned local chief executives are limited to three consecutive three-year
terms. Once they end their third term, they may not run for reelection, but may run again once they let
one term pass.
Senate and House of Representatives
The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law;
The House of Representatives shall be composed of not more than 250 (unless otherwise fixed by law),
20 percent of whom must be Party-list representatives.

The qualifications to become a senator, as stipulated in the constitution, are:

o a natural-born citizen of the Philippines;
o at least thirty-five years old;
o is able to read and write
o a registered voter; and
o a resident of the Philippines for not less than two years before election day.
The House of Representatives:
o a natural-born citizen of the Philippines;
o at least twenty-five years old;
o is able to read and write; and
o except the party-list representatives, a registered voter and a resident for at
least one year in the district where s/he shall be elected.

o The new Congress represents bi cameralism

o Under the present rules the congress of the ohilippines also consists of Senate and House of
Representatives.
o Section 1 Article6 the legislative powers is now not exclusively vested in the Congress, in view of
the reservation made reagarding initiative and referendum.

The congress also discharges powers of non legislative nature among them
the canvass of the presidential election
the declaration of the existence of the state of war
confirmation of amnesty
presidential appointments (Commission on Appointments)
amendments and revision of the constitution
impeachment

The Senate
o composed of 24 senators
(12 highest vote will serve for 6 years and the rest will serve for 3 years)
o no senator shall serve more than 2 consecutive terms
The term residence is to be understood not in its common acceptance as referring to dwelling or
habitation but rather the domicile or legal residence, the place of permanent home.
Parliamentary Immunities
o Sec 11 A senator and Congressman shall in all offenses punishable by law bynot more than six
years imprisonment.
2 imuninites
o Immunity from arrest – to ensure representation of a member of congress to keep
him from attending sessions.
o Privilege of speech – ables legislators to express views in hearing upon public
interest.
1. Privelege from Arrest
o Parliamentary immunity from arrest except all criminal offenses
o Immunity is not available in the crime of murder but is available fro slight physical injuries.
o Immunities applies while the congress is on session
2. Two requirement that must concur in order the privilege of speech and debate can be availed.
o First is the remark is made while legislature is in functions
o Second must be made in connection with the discharge of their duties.
Electoral Tribunals
o Composed of nine members:
3 Justices of the Supreme Court – designated by the Chief Justice
 6 Members of the Senate or House of Rep –
o The senior justice in the electoral tribunal shall be its chairman
o Employees of the electoral tribunal are of its own not of the senate nor of the house of
representatives nor of any other entity.
o They are the sole judge of the result and decision rendered.
H ouse of
R epresentatives
E lectoral
T ribunal

POWERS OF CONGRESS
Powers may be classified generally legislative and non-legislative.
The legislative power includes the specific powers of
A ppropriation
T axation
E xpropriation
The non-legislative powers, includes power
o to canvass presidential elections
o declare existence of state of war
o give concurrence to treaties and amnesty
o to impeached
Legislative Power in General
Is the power of lawmaking, framing and enactment of laws. This is effected through the
adoption of a bill or proposed or projected by law.
Statute
The written will of the legislature, solemnly expressed according to the forms necessary to the
forms necessary to constitute it the law of the state.
Congress exclusive power to define crimes and their nature.
o the law has no retroactive effect unless the contrary is provided, but is declared
unconstitutional, because retroactive application will result in an impairment of a right that had accrued
to the respondents by virtue of ruling.

Procedure
o a bill is introduced by any members of the house of representatives
o 1st reading- involves only a reading of the number and title of the measure and its referral by
the Senate President or Speaker to the proper committee for study.
o The bill may be killed in the committee or it may be recommended for approval with or without
amendments after public hearings are first held.
o Second Reading, is printed in its final form and copies thereof are distributed at least 3 days
before 3 readings.
o Third Reading, is sent to the other chamber where it will also undergo the 3 readings.

The bill is enrolled when printed as finally approved by the congress thereafter authenticated with the
Senate President and the speaker of the house and approved by the president.
Origin of Bills
o All appropriation, revenue, tarrif bills, bils authorizing increase of public debt shall originate
from the house of the representatives, but the Senate can propose amendments.
A ppropriation Bill primary and specific purpose of which is to authorize the release of
Funds from public treasury.
R evenue Bill levies taxes and raises funds for the government
T arrif Bills specifies rates or duties to be imposed on imported articles
B ill Increasing
B ill of Local application is one involving purely local or municipal matters, character of City
P rivate Bills

Approval of Bills
3 Methods a Bill may become a law
Presidents signs it
Presidents VETOES, but overridden by 2/3 votes of all members of each house
President does not act upon within 30 days after it shall been presented to him
President
The executive power shall be vested in the President of the Philippines
Not eligible for re election
6 years term
Vice President
has same qualifications as the president
can serve for 2 successive terms

Limitations on the power in appropriations of the Congress

1. Public purpose
2. Determine Determinable
3. Bills originates from House of Representatives
4. Discretionary Funds – appropriated for particular officials disbursed only for public
purpose, supported by appropriate vouchers.
5. Special Appropriation – specify the purpose it is intended
6. Recommended by the President
4
A ide of Legislation
R ights of Resource perosons
R ules of Procedure
R ules to be publish

Sub Rosa - secretly, privately or clandestinely.

The Power of Taxation

The rule of taxation shall be uniform and equitable.
Uniformity- persons things belonging to the same class shall be taxed at the same rate.
Equitable- tax burden must be imposed according to the taxpayer’s capacity to pay.
Progressive Taxation – tends to accelerate, suited to the social considitions.

For Religious Purpose Non-Taxable

A ctually
D irectly
E xclusively

3 Systems of Initiative
I nitiative of the Constitution
I nitiative on Statutes
I nitiative on local legislation

Executive Privilege
I nformers privilege
P rivilege accorded to presidential communication
D eliberate process privilege
D iplomatic negotiations privilege

President can issue the following

E xecutive Orders
A dministrtive Orders
P roclamations
M emorandum Orders
M emorandum Circulars
G eneral or Special Orders

President can appoint

Head of executive departments
Ambassadors
Consuls
Officers of AFP PNP
Offices of the Govt
Pardoning Power
Executive Clemency - is granted for the purpose of relieving the harshness of the law or correcting the
mistakes in the administration of justice.
Exercise pardoning power is discretionary in the president and may not be controlled by the
legislature or reversed by the courts.

Pardon – act of grace which exempts the individual on whom it is given from the punishment which the
law inflicts for the crime he has committed.
Reprieve- postponement of sentence.

Limitations on Pardoning Power 444

Kinds of Pardon
Absolute – extended without strings attached
Conditional - convict is require to comply with certain requirements.
Plenary Pardon – extinguishes all penalties imposed on the offender
Amnesty - an official pardon for people who have been convicted of political offenses.

INCOMPATIBLE AND FORBIDDEN OFFICES

Incompatible office.
No legislator is allowed to hold office or positions in any government agency including government-
owned or controlled corporations without forfeiting his seat in the Congress. Meaning, a member of the
Congress is not prevented from accepting other government posts as long as he forfeits his seat as a
legislator. What is not allowed is the simultaneous holding of a government office and the seat in the
Congress. The purpose is to prevent owing loyalty to another branch of the government, to the
detriment of the independence of the legislature and the doctrine of the separation of powers.
Forfeiture of the seat is automatic. Thus for example, a congressman who was appointed as secretary of
the Department of Budget and Management is deemed to have automatically forfeited his seat in the
House of Representatives when he took his oath as secretary for DBM. No resolution is necessary to
declare his legislative post as vacant.
Not every other office or employment is to be regarded as incompatible office. There are seats where it
is permitted by the Constitution itself, eg. membership in the Electoral Tribunal and in the Judicial and
Bar Council. Moreover, if it can be shown that the second office is actually an extension of the legislative
position or is in aid of legislative duties, the holding thereof will not result in the loss of the legislator's
seat in the Congress. Legislators who serve as treaty negotiators under the President..

Forbidden office.
No members of the Congress shall be appointed to any office in the government that has been crated or
the emoluments thereof have been increased during his term. The purpose is to prevent public
trafficking in public office. Some legislators who do not opt to run again in the public office might create
or improve lucrative government positions and in combination with the President, arrange that they be
appointed in those positions, all at the expense of public good.

The appointment however to the forbidden office is not allowed only during the term for which a
certain legislator was elected, when such office was created or its emolument thereof. After such term,
and even if the legislator is re-elected, the disqualification no longer applies and he may therefore be
appointed to the office.