INTRODUCTION enacted Proclamation No.
3 which became known as the
Constitution – A written instrument by which the fundamental powers of
government are established, limited, and defined, and by which these
powers are distributed among several departments, for their more safe
and useful exercise, for the benefit of the body politic. (Justice Miller)
Kinds of Constitution
1. Normative constitution – its norms direct governmental action;
government adjusts actions to these norms.
2. Nominal constitution – cannot yet be fully operative because of
existing socio-economic conditions; primary value is educational.
3. Semantic constitution – a tool for the perpetuation of power in
the hands of power holders.
Parts of a constitutional document
1. Constitution of government – Provisions that set up the
government’s structure.
2. Constitution of liberty – Provisions hat guarantee individual
fundamental liberties against governmental abuse.
3. Constitution of sovereignty – Provisions that outline the process
whereby a sovereign people may change the constitution.
The Different Constitutions of the Philippines
1. The 1935 Constitution – Born from the Tydings-Mcduffie Law on
May 14, 1935; overhauled because many people felt uneasy that an
independent republic would continue to function under a
constitution fashioned under colonial auspices.
2. The 1973 Constitution – Constitutional Convention began on June
1, 1971 but before it could finish its work, martial law was imposed;
on March 31, 1973 a divided Supreme Court ruled that since there
was no further judicial obstacle the new Constitution was
considered in force and effect.
3. The Freedom Constitution – President Aquino chose not to
govern under the 1973 Constitution which she believed had failed
the people and whose officials had denied her the presidency; she
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Freedom Constitution
4. The 1987 Constitution – The creation of this was provided for in
the Freedom Constitution; this has been in operation for 27 years.
PREAMBLE
 Authorship is that of the sovereign Filipino people.
 Scope and purpose is to build a just and humane society, etc. etc.
 Use of “we” stresses active role of the Filipino people.
ARTICLE I
THE NATIONAL TERRITORY
Composition of National Territory
1. The Philippine archipelago
2. All other territories over which the Philippines has sovereignty or
jurisdiction
3. The territorial sea, seabed, subsoil, insular shelves, and other
submarine areas corresponding to the first two
Philippine archipelago – That body of water studded with islands which is
delineated in the Treaty of Paris and modified by the Treaty of
Washington. (NOTE: The 1973 and 1987 Constitutions omitted mention of
these treaties in the hopes of erasing traces of colonial history.)”
“All other territories over which the Philippines has sovereignty or
jurisdiction” – Asserts a legal situation in which a disputed territory can
have a place in Philippine territory depending on the outcome of said
dispute (ex. Sabah)
Straight baseline method – Method of determining territory consisting of
drawing straight lines connecting appropriate points on the coasrt
without departing to any appreciable extent from the general direction of
the coast; the dividing line between internal waters and territorial waters
Archipelagic waters / Internal waters – Waters around, between, and
connecting the islands of the archipelago
  The right of innocent passage through archipelagic waters exists,
but there is no such right through “internal waters” (UNCLOS III) Constituent functions – Those compulsory functions that constitute the
very bonds of society.
The waters around the Philippines and their distances from the baselines
Territorial waters 12 nautical miles 1. The keeping of order and providing for protection of persons and
Contiguous zone 24 nautical miles property
Exclusive Economic Zone (EEZ) 200 nautical miles 2. The fixing of legal relations between man and wife & parents and
children
Regime of islands – Provided for by R.A. 9522 where islands outside of the 3. The regulation of liabilities for debt
archipelago have their own baselines. 4. The determination of contract rights
5. The definition and punishment of crime
6. The administration of justice in civil cases
7. The determination of political duties, privileges, and relations of
citizens
ARTICLE II 8. Dealings of the state with foreign powers
DECLARATION OF PRINCIPLES AND STATE POLICIES
Ministrant functions – The optional functions of government intended
PRINCIPLES for achieving a better life for the community.

SECTION 1 – Democratic and republican state 1. Those things which private capital would not naturally undertake
2. Those things which by its very nature it is better equipped to
Elements of a State: administer for the public welfare

1. People – A community of persons more or less numerous

2. Territory – Permanently occupies a definite portion of territory Classification of Government
3. Sovereignty – Independent of external control
4. Government – Possessing an organized government to which the 1. De facto – One established in defiance of the legitimate sovereign
population renders habitual obedience a. Government that usurps by force or by the voice of the
majority
Legal sovereignty – The supreme power to make law; lodged in the b. That which is established and maintained by invading
people. military forces
c. That which is established as an independent government
Political sovereignty – The sum total of all influences in a state that by the inhabitants of a country who rise in insurrection
determines the course of law. against the parent state
2. De jure – One established by authority of the legitimate sovereign
Republican state – A state wherein all government authority emanates
from the people and is exercised by representatives chosen by the Patterns of Government
people.
1. Direct democracy – When the people, organized as the
Functions of the Government electorate, are the preponderant power holder.

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 2. Assembly government – The parliament as the representation of
the people is the ascendant power holder.
3. Parliamentarism – An equilibrium between the independent
power holders, parliament and government, is attempted by
integrating the latter into the former.
4. Presidentialism – The independent power holders are kept
separated but are constitutionally obligated to corporate for the
formation of the will of the state.
5. Directory government – A pattern of government unique to the
Swiss government with a collegiate structure of the
governmental power holder.
Presidentialism vs. Parliamentarism in the Philippines
The 1935 Constitution adopted a presidential form of government similar
to the American system, with a principal identifying feature of separation
of powers with 3 independent branches of government.
The 1973 Constitution adopted a parliamentary system with the following
features:
1. The members of the government or cabinet or the executive are
simultaneously members of the legislature.
2. The government or cabinet, consisting of the political leaders of
the majority party or of a coalition who are also members of the
legislative, is a committee of the legislature.
3. The government or cabinet has a pyramidal structure at the apex
of which is the Prime Minister.
4. The government or cabinet remains in power only for as long as
it enjoys the support of majority of the legislature.
5. Both government and legislature are possessed of control devices
with which each can demand of the other immediate political
responsibility.
The 1987 Constitution brought the country back to the presidential
system of 1935 but has imposed new limits on the powers of the
president.
SECTION 2 – Renunciation of war
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Three Parts of Section 2
1. Renunciation of war
2. Adoption of principles of international law
3. Adherence to a policy of peace, freedom, and amity with all
nations
NOTE: Only aggressive war is renounced. Defensive war is permitted.
Examples of Acknowledged International Law
 Right of an alien to be released on bail while awaiting deportation
 Right of a country to establish military commissions to try war
criminals
 Treaties like the Vienna Convention on Road Signs and Signals
 The duty to protect the premises of embassies and legations
SECTION 3 – Civilian authority
Civilian supremacy – Implied in the 1935 Constitution but made explicit
in 1973; it came about as a legacy of American conquerors.
 Institutionalized by making the President, a civilian, the
commander-in-chief of the Armed Forces
Role of the Armed Forces – Secure the sovereignty of the State and
preserve the integrity of the national territory; in extraordinary
circumstances they may also be called upon to protect the people when
ordinary law and order forces need assistance
SECTION 4 – Duty of the government
Differences between the 1973 & 1987 Constitution:
 The 1973 Constitution spoke of the “defense of the State” being a
prime duty of government
 In light of the experience with Marcos which placed emphasis on
national security, the Commission opted for a more people-
centered provision.
  Thus in the 1987 the prime duty of the government was made the
protection of the people; national defense was merely one of the
modes of doing so
SECTION 5 – Rights of people under blessings of democracy
This provision recognizes a hierarchy of rights:
1. Life
2. Liberty
3. Property
SECTION 6 – Separation of church and state
Discussed under the non-establishment clause of the Bill of Rights.
STATE POLICIES
In general, these are not self-executing provisions and need
implementing acts of Congress.
SECTION 7 – Foreign policy
Guiding Principles Re: Foreign Relations
1. Government must maintain an independent foreign policy
2. Must give paramount consideration to national sovereignty,
territorial integrity, national interest, and self determination
SECTION 8 – Nuclear weapons
Policy of freedom from nuclear weapons – Includes prohibition not only
of possession, control, and manufacture of nuclear weapons but also
nuclear arms tests.
 Exceptions may be made but such must be justified by demands
of national interest.
 The policy however does not prohibit the peaceful use of nuclear
energy.
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SECTION 9 & 10 – Social order and justice
Underlying premises – Poverty and gross inequality are major problems
besetting the nation; these problems assault the dignity of the human
person.
Social justice – The equalization of economic, political, and social
opportunities with special emphasis on the duty of the state to tilt the
balance of social forces by favoring the disadvantaged.
SECTION 11, 12, & 13 – Human rights, family, and youth
Meaning of “family” – A stable heterosexual relationship.
Effect on family autonomy – The family is anterior to the State and not a
creature of the State.
Protection of the unborn – This is not an assertion that the unborn is a
legal person or that the life of the unborn is placed at the level of the
mother; when necessary to save the life of the mother, the life of the
unborn may be sacrificed.
Rights of the Parents & the State
 Primary right – Belongs to the parents; the Constitution affirms
the primary right of parents in rearing of children
 Secondary and supportive role – Belongs to the State; only those
interests of the state “of the highest order and those not
otherwise served” can overbalance the primary interest of
parents
o Parens patriae - The public policy power of the state to
intervene against an abusive or negligent parent, legal
guardian or informal caretaker, and to act as the parent of
any child or individual who is in need of protection.
SECTION 14 – Women
This provision does not automatically repeal the inequalities found in the
Civil Code. It gives impetus to the removal, through other enacted
statutes, of existing inequalities.
SECTION 15 – Health
This provision provides for an “enforceable right” to health which is an
aspect of social justice.
SECTION 26
The purpose of this provision is to give substance to desire for
equalization of political opportunities. However the definition of
“political dynasties is left to the legislature.
SECTION 27 & 28

SECTION 16 – Ecology See Article XI.

This provision came about as a result of concern about preservation of a ARTICLE VI

healthy environment. LEGISLATIVE DEPARTMENT

SECTION 17 – Education, science and technology, etc. SECTION 1 – Legislative power

A flagship provision for Article XIV; it sees education and total human Legislative power – The authority to make laws and to alter and repeal
development as a gateway to intellectual and moral development as well them.
as economic advancement.
Vested in:
SECTION 18 – Labor
1. Congress – the House of Representatives and the Senate
Labor as a primary social economic force – This means that human factor 2. The people – through the provision on “initiative and
has primacy over the non-human factors in production. referendum”

SECTION 19 – National economy Advantages of Bicameralism

National Economy and Patrimony – Related to the provision in that any
doubt must be resolved in favor of self-reliance and independence of
Filipinos
SECTION 20 & 21 – Agrarian reform and indigenous communities
 Allows for a body with a national perspective to check parochial
tendency of representatives elected by district
 Allows for more careful study of legislation
 Makes the legislature less susceptible to control by Executive
 Serves as training ground for national leaders

The comprehensiveness of rural development means that it includes not NOTE: The Philippine Congress is bicameral.
only agrarian reform but also social, economic, human, cultural, political,
and industrial development. Advantages of Unicameralism

SECTION 22, 23, 24, & 25  Simplicity of organization

 Economy in efficiency
See Articles X, XII, XIV, and XVI.  Facility in pinpointing responsibility for legislation

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  Avoidance of duplication
Contingent legislation –Where the law is made dependent on the
Kinds of Legislative Power verification of the existence of certain conditions; verification is
delegated to the executive.
1. Original – Possessed by the sovereign people
2. Derivative – That which has been delegated by the sovereign In order for rules and regulations promulgated by administrative
people to legislative bodies agencies to have the force of penal law, the following conditions must
3. Constituent – The power to amend or revise the Constitution occur:
4. Ordinary – The power to pass ordinary laws
1. The delegating statute must authorize the promulgation of penal
Limits of Legislative Power regulations.
2. The penalty must not be left to the administrative agency but
1. Substantive limits – Curtail the contents of a law must be provided by the statute.
2. Procedural limits – Curtail the manner of passing a law 3. The regulation must be published in the Official Gazette or a
newspaper of general circulation.
NOTE: Congress may also not pass irrepealable laws. The power of
present and past Congress must remain plenary. Passing an irrepealable SECTION 2, 3, & 4 – Senate
law limits the power of future legislatures.
Composition of the Senate – Twenty-four senators elected at large by
Non-delegability of legislative power – Legislative power must remain qualified voters
where the people have lodged it. However, there are two exceptions:
Qualifications of a Senator
1. By immemorial practice, legislative power may be delegated to
local governments. 1. Natural-born citizen of the Philippines
2. The Constitution itself might in specific instances allow 2. Thirty-five years of age on the day of elections
delegation of legislative power. 3. Able to read and write
4. Registered voter
NOTE: The scope of delegated power is only as far as Congress allows it. 5. Resident of the Philippines for not less than two years
immediately preceding the day of the election
Rule-making power / law execution – The power delegated to
administrative agencies by Congress; administrative agencies may “fill up Term of office of a Senator – Six years, commencing on June 30
the details” of an already complete statute or to ascertain facts necessary immediately following the elections; 2 terms may be served provided
to bring a contingent law into actual operation they are not consecutive.

Qualities of a Delegating Law: SECTION 5, 6, 7, & 8 – House of Representatives

1. Be complete in itself – it must set forth therein the policy to be Composition of House of Representatives – 250 members who shall be:
carried our implemented by the delegate  Elected from legislative districts apportioned among the
2. Fix a standard – The limits of which are sufficiently determinate provinces, cities, and the Metro Manila area in accordance with
or determinable to which the delegate must conform the number of inhabitants

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  Elected through a party-list system of registered national,
regional, and sectoral parties or organizations
NOTE: These representative districts are created by law. If such does not
involve the creation of an LGU, plebiscite is not needed.
Classification of Members of the House
1. District representative – Represents one congressional district
2. Party-list representative – Elected through the party-list system
3. Sectoral representatives – Existed only until 1998
The party-list system – Registered national, regional, and sectoral parties
or organizations submit a list of candidates arranged in order of priority;
they are entitled to a portion of the 20% allocated to party-list
representatives and the number of seats they get out of that 20% will
depend on the number of votes garnered nationwide.
NOTE: A party-list organization may not have more than three seats.
Guidelines for Parties and Organizations
 Must be representing the marginalized and underrepresented.
 Political parties who wish to participate must comply with this.
 The religious sector may not be represented.
 The party or organization must not be disqualified under Section
6 of R.A. 7941.
 The party or organization must not be an adjunct of or a project
organized or an entity funded or assisted by the government.
 Nominees must comply with requirements of the law.
 Nominee must be able to contribute to formulation and
enactment of legislation
Disqualified Parties
 Religious sect or denomination
 Advocates violence or unlawful means to seek its goal
 Foreign party or organization
 Receives support from a foreign government
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 Violates or fails to comply with laws relating to elections
 Declares untruthful statements in petition
 Ceased to exist for at least 1 year
 Fails to participate in the last 2 preceding elections OR fails to
obtain at least 2% of votes in the last 2 preceding elections
Qualifications of a Party-List Nominee
1. Natural-born citizen of the Philippines
2. Registered voter
3. Resident of the Philippines for a period of not less than 1 year
immediately preceding the election
4. Able to read and write
5. A bona fide member of the party which he seeks to represent for
at least 90 days immediately preceding the day of election
6. At least 25 years of age on the day of the election (not older than
30 in case of the youth sector)
Proportional representation – This was implemented in order to enable
Filipinos belonging to the marginalized and underrepresented sectors to
contribute to legislation that would benefit them.
Party-list Distribution
1. 20% allocation – The combined number of all party-list
congressmen shall not exceed 20% of the total membership of
the House.
2. 2% threshold – Only those parties garnering minimum 2% of the
total valid votes cast are qualified to have a seat in the House.
a. Veterans Federation Party, et. al. v. COMELEC ruled that
the 2% requirement was mandatory for each seat.
b. Banat v. COMELEC overturned this by saying that since
the 2% threshold was an obstacle to filling the 20%
allocation, it was unconstitutional.
3. Three-seat limit – Each qualified party is entitled to a maximum
of 3 seats.
4. Proportional representation – Additional seats which a qualified
party is entitled to shall be computed in proportion to their total
number of votes.

Apportionment – Each legislative district shall comprise contiguous,
compact, and adjacent territory. Each city with a population of 250,000
OR each province shall have at least 1 representative.
Gerrymandering – The formation of one legislative district out of
separate territories for the purpose of favoring a candidate or party.
Generally forbidden.
Qualifications for Member of the House of Representatives
1. Natural-born citizen of the Philippines
2. At least 25 years of age on the day of elections
3. Able to read and write
4. Registered voter in the district in which he shall be elected
(except for party-list reps – see list of qualifications for such)
5. A resident thereof for not less than one year immediately
preceding the election
Residence – May be temporary; for the purposes of election contests, the
word ‘resident’ or ‘residence’ refers to domicile.
Domicile – Once established, considered to be continuous and will not be
deemed lost until a new one is established.
To successfully effect a change of domicile:
 One must demonstrate actual removal or change of domicile
(animus manendi)
 Bona fide intention of abandoning former place of residence and
definite acts which correspond with such purpose (animus non
revertendi)
Term of office of a Member of the House – Lasts for three years
beginning on June 30 next following the elections; no Member shall serve
for more than three consecutive terms.
Term – The period during which an official is entitled to hold office.
Tenure – The period during which the official actually holds the office.
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Election of Congress – Shall be held on the 2 Monday of May unless
otherwise provided by law
SECTION 9 – Vacancies
Vacancy in Congress – A special election may be called, but the Senator
or Member elected shall only serve for the unexpired term.
SECTION 10 – Salaries, etc.
Salaries of Congress
 Determined by law
 No increase shall take effect until after expiration of full term of
all Members of Senate and House approving such increase
NOTE: The purpose of this delayed effect is to place a legal bar to the
legislators’ yielding to the natural temptation to increase their salaries.
(Philconsa v. Mathay)
SECTION 11 – Privileges of Congress
Privileges
1. Privilege from arrest – Applicable to Senators or Members of the
House charged with offenses punishable by not more than 6
years imprisonment
a. Availability – “While Congress is in session”, whether
special or regular and whether or not the legislator is
attending such; thus, it is NOT available during recess
2. Parliamentary privilege of speech – N o Member shall be
questioned nor held liable in any other place for a speech or
debate in Congress or any committee thereof.
a. Scope – Protection only against forums other than
Congress; the assemblyman is still liable to disciplinary
authority of Congress.
b. Absolute protection against suits for libel – This is
because speech or debate includes utterances made in
the performance of official functions.
 c. Essential element – The utterance must constitute
“legislative action”, meaning it is part of the process by
which legislators participate in proposed legislation
Purpose of privilege – Intended to leave the legislator unimpeded in the
performance of duties and free from fear of harassment from outside.
NOTE: The privilege extends to agents of the assemblymen provided that
this agency assists legislator in performance of legislative action. (Gravel
v. U.S.)
SECTION 12 – Public disclosure of Congress documents
Required to be publicly disclosed by Congress:
1. Their financial and business interests
2. Notify the House concerned of potential conflict of interest that
may arise from the filing of a proposed legislation
SECTION 13 & 14 – Prohibitions
Prohibitions Imposed on Congress
1. Holding any other office or employment in the government
2. Any subdivision, agency, or instrumentality thereof
3. Government-owned or controlled corporations or their
subsidiaries
4. Any office which may have been created or emoluments thereof
increased during the term for which he was elected
Prohibitions Imposed on Congress Relative to Practice of Profession
1. Appear as counsel before any court of justice, the electoral
tribunals, or quasi-judicial and other administrative bodies
2. Interested financially in any contract with the government
3. Any franchise or special privilege granted by the government
4. Intervening in any matter before any office of the government for
his pecuniary benefit
5. Intervening in any matter before any office of the government
where he may be called upon to act on account of his office
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NOTE: This prohibition is not applicable to law firms of which a lawyer-
Congressman might be a member. The prohibition is personal.
SECTION 15 – Congress sessions
Convening of Congress – Once every year on the fourth Monday of July
for a regular session which shall continue to be in session for such
number of days as it may determine until 30 days before the opening of
next regular session.
Special session – One called by the president while the legislation is in
recess
 Under the 1935 Constitution, during a special session the
legislature could consider only the subject matter designated by
the President
 Under the 1987 Constitution, the President may specify the
subjects he wants considered but he is not empowered to
prohibit consideration of other subjects
SECTION 16 – Officers of Congress and journal
Officers of Congress
1. Senate President
2. Speaker of the House of Representatives
3. Such other offices as each house may deem necessary
Quorum – A majority of each house; based on a proportion between
those physically present and the total membership of the body.
 A smaller number may adjourn from day to day and may compel
the attendance of absent Members
Disciplinary action – Each house determines the rules of its proceedings,
punishes its Members for disorderly behavior, and with a concurrence of
two-thirds of all its members suspend or expel a member.
 In case of suspension, such shall not last for more than 60 days.
 The implementation of rules of either House of Congress may not
be intervened with by the Court or subject to judicial review
 because the House is the sole judge of what disorderly behavior is
(Osmeña v. Pendatun).
 HOWEVER, when legislative rule affects private rights, the courts
cannot altogether be excluded (Vera v. Avelino).
Journal of proceedings – Each house shall keep such and from time to
time publish the same; the journal is written and is an account of the
proceedings of Congress.
Record of proceedings – Shall also be kept; actual record of what has
been said, more detailed than the journal.
Purpose of Journal
1. To insure publicity in the proceedings of the legislature and a
correspondent responsibility of members to their constituents
2. To provide proof of what transpired in the legislature
Matters that may be kept out of the journal – Such matters as may in the
Congress’s judgment affect national security.
Conflicts with extraneous evidence – The Journal is conclusive upon the
Courts (United States v. Pons).
Enrolled bill doctrine – The signing of a bill by the Speaker of the House
and the President of the Senate and certification by the secretaries of
both Houses that such bill was passed are conclusive of due enactment
(Arroyo v. De Venecia).
When journal is in conflict with enrolled bill – The enrolled bill is the
official copy of approved legislation of the legislative body. The respect
due to a coequal department requires the courts to accept the
certification of the presiding officer as conclusive assurance that bill
certified is authentic (Casco Philippine Chemical Co. v. Gimenez).
Repudiation of presiding officer’s signature – The enrolled bill theory is
based on respect due a coequal department, so when that coequal
department itself repudiates the bill the journal must be accepted as
concusive (Astorga v. Villegas)
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Enrolled bill conflicting with the Journal – The Supreme Court has left it
an open matter on which should prevail.
SECTION 17
Electoral tribunal – Sole judge of all contests relating to the election,
returns, and qualifications of their respective members
 The Supreme Court, each House of Congress, or COMELEC
cannot interfere when there is an election contest
Election contest – When a defeated candidate challenges the
qualification and claims the seat of a proclaimed winner ( Angara v.
Electoral Commission)
Composition of Electoral Tribunal
1. Three Justices of the Supreme Court (to be selected by the Chief
Justice)
2. Six members of the Senate or House of Representatives (as the
case may be – chosen by proportional representation)
NOTE: Senior Justice shall be the chairman.
Passing from COMELEC to electoral tribunal – Once a winning candidate
has been proclaimed, taken his oath, and assumed office as a member of
the House of Representatives or Senate, COMELEC’s jurisdiction over
election contests relating to elections, returns, and qualifications ends
and the electoral tribunal’s jurisdiction begins.
NOTE: The electoral tribunal decides whether a party list representative
is qualified, but COMELEC decides whether a party list organization is
qualified to join the party list system (Aggabao v. COMELEC and
Limkaichong v. COMELEC)
Body Occasion of exercise of power
Presidential Electoral Tribunal All contests relating to elections, 3. Twelve Members of the House of Representatives (elected by
returns, and qualifications of each house according to proportional representation)
president and vice president
NOTE: The Chairman only votes to break a tie.
Senate / HOR Electoral Tribunal All contests relating to elections,
returns, and qualifications of SECTION 19 - Commission of Appointments decision-making process
senate and/or house of
representatives Process of the Commission arriving at its decisions:
Congress and COMELEC En banc shall determine the
authenticity of and due execution 1. The Commission must act on all appointments submitted to it
of certificates of canvas within thirty session days from submission – This rule is intended
to prevent the CoA from freezing appointments.
Intervention of Supreme Court – The jurisdiction of the Electoral 2. The Commission shall decide by majority vote – The dissent of
Tribunal to be sole judge comes only after a valid proclamation of a one member should not block action by the Commission.
winner (Bondoc v. Pineda). 3. The Commission can meet and act only when Congress is in
session.
Differences of composition of electoral tribunals
SECTION 20 & 21 – Records of Congress; Legislative investigations
1935 Constitution 1987 Constitution
Only the two major political parties All political parties are given Records and books of accounts of Congress – Preserved and open to the
had representation proportional representation public in accordance with law; audited by the Commission on Audit
which shall publish annually an itemized list of amounts paid to and
Extent of the Supreme Court over Electoral Tribunals – Judicial review of expenses incurred for each Member.
decisions or final resolutions of the Electoral Tribunals is possible only in
the exercise of the Court’s extraordinary jurisdiction upon a Inquiries – The Senate or the House of Representatives or any of its
determination that the tribunal’s decision was rendered without or in respective committees may conduct inquiries in aid of legislation.
excess of jurisdiction or with grave abuse of discretion.  Legislative investigations must be subject to the limitations
placed by the Constitution on governmental action – exercised
SECTION 18 – Commission on Appointments subject to the constitutional limitations, principally found in the
Bill of Rights.
Commission on Appointments – Acts as a legislative check on the
appointing authority of the President. For the effectivity of the Publication of rules of investigation – The requisite of publication of the
appointment of certain key officials enumerated in the Constitution, the rules is intended to satisfy the basic requirements of due process.
consent of the Commission on Appointments is needed Publication is imperative as it is the height of injustice to publish or
otherwise burden a citizen for the transgression of a law or rule of which
Composition of the CoA he had no notice whatsoever.

1. Senate President as ex officio chairman Purpose of legislative investigation – The power of inquiry and the
2. Twelve Snators process to enforce such is an essential and appropriate auxiliary to the
legislative function. A legislative body cannot legislate wisely or

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effectively in the absence of information respecting the conditions which
the legislation is intended to affect or change.
Enforcement of legislative investigation – Since mere requests for
information are frequently unavailing or information volunteered is not
always accurate or complete, the power of investigation necessarily
includes the power to punish a contumacious witness for contempt.
Enjoining the appearance of a witness – A court has no authority to
prohibit the Committee from requirement respondent to appear and
testify before it.
Punished for contempt – No person can be punished for contumacy as a
witness unless his testimony is required in a matter into which the
legislature or any of its committees has jurisdiction to inquire.
 Congress may keep a contumacious witness in detention only
until the legislative body ceases to exist upon its final
adjournment.
SECTION 22 – Meeting of department heads before Congress
“Oversight function” of Congress – Heads of departments may appear
before the Senate or the House and be heard on any matter pertaining to
their departments
 On their own initiative, at the consent of the President, OR at the
request of either House.
 Written questions shall be submitted to the President of the
Senate or the Speaker of the House at least 3 days before the
scheduled appearance.
 Interpellations shall not be limited to written questions but may
cover matters related to such.
 When security of state or public interest so requires and the
President states so in writing, the appearance shall be conducted
in executive session (special session).
Question hour – No such thing as this is only applicable to a
parliamentary system where there is no separation between legislative
and executive department.
SECTION 23 – Declaration of war
FJB
Declaration of a state of war – Declared by Congress by a vote of two-
thirds of both Houses in joint session assembled, voting separately (SOLE
POWER)
 Congress may authorize the president to exercise powers
necessary and proper to carry out a declared national policy.
 This power shall cease upon next adjournment thereof.
Differences of War Power
1935 Constitution 1987 Constitution
Gave to Congress “the sole power Gave to Congress “the sole power
to declare war” to declare the existence of a state
of war”
Is more in line with the denouncing
war as an instrument of national
policy.
Absence of declaration of war – The actual power to make war is lodged
in the executive power which, when necessary, may make war even in
the absence of a declaration of war.
Conditions under which emergency powers may be delegated:
1. In times of war or other national emergency
2. For a limited period and subject restrictions as it may prescribe
Delegable powers – The nature of the delegable power is not specified. It
is submitted that the President may be given emergency legislative
powers if Congress so desires.
SECTION 24 – Origin of appropriation, revenue, etc. bills
Bills that must originate within the House of Representatives:
 Appropriation, revenue, or tariff bills
 Bills authorizing increase of the public debt
 Bills of local application
 Private bills

NOTE: The Senate may propose or concur with amendments.
SECTION 25 – Prohibitions on increase of appropriations, riders, etc. bills
Prohibitions on Appropriations
1. The Congress may not increase the appropriations recommended
by the President for the operation of the government
2. No provision or enactment shall be embraced unless it relates
specifically to some particular appropriation therein (those that
don’t are known as riders)
a. Any such provision shall be limited in operation the
appropriation to which it relates
3. Congress shall strictly follow the procedure for approving
appropriations for other departments and other agencies
4. Special appropriations bill shall specify the purpose for which it is
intended
a. This shall be supported by funds actually available as
certified by the National Treasurer or be raised by a
corresponding revenue proposal therein
5. No law shall be passed authorizing any transfer of appropriations
a. The following are authorized to augment any item the
general appropriations law for their respective offices
(from savings in other items of their respective
appropriations):
i. President
ii. President of the Senate
iii. Speaker of the House of the Representatives
iv. Chief Justice of the Supreme Court
v. Heads of Constitutional Commissions
6. Discretionary funds shall be disbursed only for public purposes
7. If at the end of the fiscal year Congress shall have failed to pass
the general appropriations bill, the law for the preceding year
shall be deemed enacted
SECTION 27 – Bills passed by Congress
“One bill one subject” – Every bill passed by Congress shall embrace only
one subject which shall be embodied in the bill’s title
FJB
 This is mandatory, not directory, and compliance with it is
essential to the validity of the legislation.
o RATIONALE: Legislative assemblies often pass bills by
their titles only without requiring them to be read. A
specious title sometimes covers legislation which, if its
real character had been disclosed, would not have
commanded assent.
 This rule should be interpreted liberally, with a practical rather
than technical construction.
Bill being brought before Congress:
 Three readings on separate days
 Printed copies should be distributed to members three days
before passages
 Upon last reading of a bill, no amendment shall be allowed
 Only exception is when the President certifies to the necessity of
its immediate enactment to meet a public calamity or emergency
SECTION 27 – Presidential veto
Certain prohibitions on vetoing
 As a general rule, the President vetoes an entire bill and not items
of it.
 The exceptions are appropriation, revenue, or tariff bills where
the President may exercise item-veto, but the veto shall not
affect the item to which he does not object.
Steps before a bill is passed:
1. Bill is presented to the President
2. If he approves he shall sign; otherwise he shall veto the bill and
return it with his objects to the House where it originated
3. This House shall enter objects into the Journal and proceed to
reconsider such
4. If after this reconsideration two-thirds of all members of such
House it shall become a law
NOTE: The President shall communicate his veto of any bill to the House
where it originated within thirty days; otherwise, it shall become a law as
if he had signed it.
Entering of the yeas and nays of the Members every time a House votes:
 Upon the last reading of a bill
 At the request of one-fifth of the members present
 In repassing a bill over the veto of the President
Disagreement between Senate and House of Representatives – In such
case, a conference committee is created whose function is to propose to
Congress ways of reconciling conflicting provisions found in the Senate
version and House version of the bill
 Composition – Members of Senate and the House nominated
 Extent of their power – Amendments germane to the purpose of
the bill may be introduced even if these were not in the original
bill
Doctrine of inappropriate provisions – A provision that is constitutionally
inappropriate for an appropriation bill may be singled out for veto even if
it is not an appropriation or revenue item (Gonzales v. Macaraig, Jr.).
Executive impoundment – This is refusal of the President to spend funds
already allocated by Congress for a specific purpose (Philippine
Constitution Association v. Enriquez). The Supreme Court refrained from
passing judgment on the constitutionality of such, but found the doctrine
on inappropriate provision a way out.
SECTION 28 – Taxation bills
Rule of taxation – Uniform and equitable, with a progressive system of
taxation
UNIFORM AND EQUITABLE – A tax is uniform when it operates with the
same force and effect in every place where the subject of it is found;
uniformity is also equivalent to the requirement of valid classification
under equal protection clause.
FJB
PROGRESSIVE SYSTEM OF TAXATION – A tax is progressive when the
rate increases as the tax base increases.
 Mention of such reflects the wish of the Convention that the
legislature uses the power of taxation as an instrument for a
more equitable distribution of wealth.
 The standards that are used are substantial and not arbitrary
 The categorization is germane to achieve legislative purpose
 The law applies, all things being equal, to both present and future
conditions
 The classification applies equaly well to all those belonging to the
same class
Congress may authorize the President to fix within specified limits:
 Tariff rates
 Import and export quotas
 Tonnage and wharfage dues
 Other duties or imposts within the framework of the national
development program
Institutions exempt from taxation:
 Charitable institutions
 Churches and parsonages or convents
 Mosques
 Non-profit cemeteries
 All lands, buildings, and improvements actually, directly, and
exclusively used for religious, charitable, or educational purposes
NOTE: No law granting any tax exemption shall be passed without the
concurrence of a majority of all Members of Congress.
Purpose of the power to tax – Primary purpose is to raise revenue
 However the power to tax has also been recognized as:
o An instrument of national economic and social policy
o A tool for regulation
o “The power to keep alive” – The foundation for the
imposition of tariffs designed for the encouragement and
 protection of locally produced goods against competition
from imports.
Limitations on power to tax – The power to tax exists for general welfare,
therefore implicit in such power is the limitation that it should be
exercised only for a public purpose.
 Both due process and equal protection clauses of the
Constitution may be invoked to invalidate a revenue measure in
appropriate cases.
 The due process clause may also be invoked where a taxing
statute is so arbitrary it finds no support in the Constitution.
Tax rates of other countries – Cannot be used as a yardstick in
determining what may be the proper subjects of taxation in our own
country. It is inherent in the power to tax that the state be free to select
the subjects of taxation (Commissioner of Internal Revenue v. Santos).
SECTION 29 – Public monies
Control of expenditure of public funds – Vested in Congress
 No money shall be paid out of the treasury except in pursuance
of an appropriation made by law.
Limitations on Appropriations
1. Support of any sect, church, denomination, sectarian institution,
or system of religion
2. Any priest, preacher, minister, or other religious teacher or
dignitary
NOTE: Except when such priest, preacher, minister, or dignitary is
assigned to the armed forces, any penal institution, or government
orphanage or leprosarium.

Delegation of power to tax – Specifically provided for in the Constitution.
It grans the right to impose restrictions and limitations on the taxation
power delegated to the President. The restrictions and limitations
imposed by Congress take on the mantle of a constitutional command.
Differences of Exemptions
Special fund – All money collected on any tax levied for a special purpose
shall be treated as a special fund and paid out for such special purpose
only.
 If this special purpose has been fulfilled or abandoned, any
remaining balance shall be transferred to general funds of the
government.

1935 Constitution 1987 Constitution
No mention of charitable Mentions ‘charitable institutions,
institutions mosques, and non-profit
cemeteries’, and also requires they
should ‘exclusively, actually, and
directly’ used for religious,
charitable, and educational
purposes
Also requires proof of such use of
lands, buildings, and
improvements
Power of the purse – Comprehends both the power to generate money
for the government by taxation and the power to spend it.
SECTION 30 – Increasing appellate jurisdiction
Appellate jurisdiction – The power of a court to review decisions and
change outcomes of decisions of lower courts.
 No law shall be passed increasing the appellate jurisdiction of the
Supreme Court without its advice and concurrence.
 This rule is to prevent overburdening of the Supreme Court.
SECTION 31 – Title of royalty or nobility

EXCLUSIVELY, ACTUALLY, and DIRECTLY – Covers not just what is No law granting a title of royalty or nobility should be enacted.
indispensable but also what is incidental and reasonably necessary  PURPOSE: Such is the cornerstone of republican government;
exclusion of a title of royalty or nobility means there cannot be

FJB
 serious danger that the government will be any other than that of
the people (The Federalist, No. 84).
SECTION 31 – Initiative and referendum
R.A. NO. 6735 (An Act Providing for a System of Initiative and Referendum
and Appropriating Funds Therefor) – Current implementing law
Requirements for exercising power of initiative and referendum:
1. At least 10% of the total number of registered voters
2. Of which every legislative district is represented by at least 3% f
the registered voters thereof
3. Sign a petition for the purpose and register same with the
Constitution
Contents of Petition
1. Contents or text of the proposed law sought to be enacted,
approved, or rejected
2. The proposition
3. The reasons therefore
4. That it is not one of the exceptions provided herein
5. Signatures of the petitioners / registered voters
6. An abstract or summary in not more than 100 words which shall
be legibly written or printed at the top of every page of the
petition
ARTICLE VII
EXECUTIVE DEPARTMENT
SECTION 1 – Executive power, immunity, and privilege
Executive power – Vested in the President
 In vesting executive power in one person rather than in a plural
executive, the intention was to invest the power holder with
energy.
 President is both “Head of State” and “Chief Executive”
FJB
HEAD OF STATE – Ceremonial head of government who must take part
in a range of activities which may be solemn or even priestly in nature
CHIEF EXECUTIVE – The President is the executive and no one else is;
the heads of the executive department occupy political positions and
hold office in an advisory capacity and are subject to the direction of the
president
Powers of the President – The enumeration of specific powers of the
President does not exhaust the totality of such; tradition recognizes that
the powers of the President are more than the sum of enumerated
executive powers – implied existence of “residual unstated powers”
(Marcos v. Manglapus, et. al.).
 The intent of the Constitutional Commission to limit the powers
of the President was a limitation of specific powers (particularly
those relating to the commander-in-chief clause) but not a
diminution of the general grant of executive power.
Immunity from suit – Presidential immunity during tenure remains part
of the law. What has been rejected by the new Constitution is the
expansive notion of immunity in the Marcos Constitution.
 RATIONALE – This is done to assure the exercise of presidential
duties and functions free from any hindrance or distraction.
 This immunity from suit pertains to the President by virtue of the
office and may be invoked only by the holder of such office.
Additionally, thre is nothing in our laws which would prevent the
President from waiving such privilege. (Soliven v. Judge Makasiar)
Executive privilege – The power of the President to withhold certain
types of information from the courts, Congress, and the public ( Senate v.
Ermita and Neri v. Senate)
Information covered by executive privilege (Section 2a of E.O. 464):
1. Conversations and correspondence between the President and
the public official covered by this EO
2. Military, diplomatic, and other national security matters which in
the interest of national security should not be divulged
 3. Information between inter-government agencies prior to the
conclusion of treaties and executive agreements
4. Discussion in close-door Cabinet meetings
5. Matters affecting national security and public order
Validity of claim of privilege – Depends on the ground invoked to justify it
and the context in which it is claimed. The question that must be asked is
not only whether the requested information falls within one of the
traditional privileges, but also whether that privilege should be honored
in a given procedural setting. (Senate v. Ermita)
 Statement of claim – Must be stated with sufficient particularity
to enable Congress or the court to determine its legitimacy.
However, Congress must not require the executive to state the
reasons for the claim with such particularity as to compel
disclosure of the information which the privilege is supposed to
protect.
Relation to compulsory power of Congress – Only the President may be
exempted from Congress’s compulsory power.
The Cabinet
SECTION 2 – Qualifications for President
Qualifications for President
1. Natural-born citizen of the Philippines
2. Registered voter
3. Able to read and write
4. At least forty years of age on the day of election
5. Resident of the Philippines for at least ten years immediately
preceding such election
SECTION 3 – Vice President
Qualifications for Vice President
1. Natural-born citizen of the Philippines
2. Registered voter
3. Able to read and write
FJB
4. At least forty years of age on the day of election
5. Resident of the Philippines for at least ten years immediately
preceding such election
FUNCTION: His only constitutional function is to be on hand to act as
President when needed or to succeed to the presidency in case of
vacancy in the office. He may also be appointed as a Member of the
Cabinet (not subject to consent of the Commission on Appointments).
SECTION 4 – Election of President and Vice President
Term of office – Six years, which shall begin at 12NN on the 30th of June
next following the day of the election and shall end at 12NN of the same
date six years thereafter.
Reelection
 President shall NOT be eligible for any reelection.
 No person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the
same office at any time.
 No Vice President shall serve for more than two successive terms.
 Voluntary renunciation of the office for any length of time shall
NOT be considered as an interruption in the continuity of service
for the full term.
Process of Elections - Held on the 2nd Monday of May unless otherwise
provided by law; elected by direct vote of the people
1. The returns of every election for President and Vice President
shall be duly certified by the Board of Canvassers of each
province or city.
2. This shall be transmitted to the Congress and directed to the
President of the Senate.
3. The President of the Senate, not later than 30 days after the day
of the election, shall open all certificates in the presence of the
Senate and House of Representatives in joint public session.
4. Congress, upon determination of authenticity and due execution
thereof, shall canvass the votes.
 5. Person having the highest number of votes shall be proclaimed
elected.
6. In case two or more shall have an equal highest number of votes,
one of them shall be chosen by vote of a majority of all the
Members of both Houses of the Congress, voting separately.
7. Congress shall promulgate its rules for the canvassing of the
certificates.
8. Supreme Court, en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of the
President or Vice President.
Delegation of preliminary count of votes – May be done provided that the
Committee report be submitted for approval by the Congress as a body.
Continue of canvass even after final adjournment – The final
adjournment of Congress does not terminate an unfinished presidential
canvass.
Function of Congress – Not merely ministerial; Congress has the
authority to examine the certificates of canvass for authenticity and due
execution.
Contesting of elections – May only be filed by the registered candidate
who received second or third highest member of votes (FPJ v. Arroyo).
This may be done by filing a verified petition with the Clerk of the
Presidential Electoral Tribunal within 30 days after proclamation of
winner.
Validity, authenticity, and correctness of statement of votes &
certificates of canvass – Under the Tribunal’s jurisdiction, which means
they can correct manifest errors on such (Legarda v. De Castro).
SECTION 5 – Oath of the President / Vice-President
“I do solemnly swear (or affirm) that I will faithfully and conscientiously
fulfill my duties as President (or VP 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.”
SECTION 6 – Official residence, salaries, etc.
FJB
 The President shall have an official residence.
 The salaries of the President and Vice President shall be
determined by law and shall not be decreased during their
tenure.
 No increase in said compensation shall take effect until after
expiration of the term of the incumbent during which such
increase was approved.
 They shall not receive during tenure any other emolument from
the government or any other source.
SECTION 7 & 8 – Vacancies in the presidency
Two sets of rules for filling a vacancy:
1. Applies when the vacancy occurs at the start of the term (Section
7)
a. If the President-elect fails to qualify, the Vice-President-
elect shall act as President until he has qualified
b. If a President shall not have been chosen, the Vice-
President-elect shall act as President until a President
shall have been chosen and qualified
c. If the President shall have died or shall have become
permanently disabled, the Vice-President-elect shall
become President
d. Where no President and Vice President shall have been
chosen or shall have qualified, or where both shall have
died or become permanently disabled, the President of
Senate or the Speaker of the House of Representatives
shall act as President or Vice-President until one shall
have been chosen and qualified.
e. In case of death, permanent disability, or inability of the
officials mentioned in the preceding paragraph, Congress
shall provide for the manner in which one who is to act as
President shall be selected
2. Applies when a vacancy occurs mid-term (Section 8)
a. In case of death, permanent disability, removal from
office, or resignation of the President, the Vice President
shall become the President to serve the unexpired term
 b. In case of death, permanent disability, removal from
office, or resignation of both President and Vice
President, the President of Senate or the Speaker of the
House of Representatives shall act as President until the
President or Vice President shall have been chosen and
qualified.
c. In case of death, permanent disability, or inability of the
officials mentioned in the preceding paragraph, Congress
shall provide for the manner in which one who is to act as
President shall be selected
Resignation of the president -
SECTION 9 – Vacancies in the vice presidency
When there is a vacancy in the office of the Vice President:
1. The President shall nominate a Vice-President from among the
Members of the Senate and the House of Representatives.
2. He shall assume office upon a confirmation by a majority vote of
all the Members of both Houses of Congress, voting separately.
SECTION 10 – Process of filling in such vacancies
1. At 10AM on the 3rd day after vacancy in the offices of the
President and Vice President occurs, Congress shall convene
without need of a call.
2. Within 7 days, they shall enact a law calling for a special election
to elect a President and Vice President to be held not earlier than
45 days nor later than 60 days from said call.
3. The bill calling for such special election shall be deemed certified
and shall become law upon third reading by Congress.
4. Appropriations for special election shall be charged against any
current appropriations and shall be exempt from the prohibitions
on appropriations in Section 25.
5. The convening of Congress cannot be suspended nor special
election postponed.
6. No special election shall be called if vacancy occurs within 18
months before the date of the next presidential election.
FJB
SECTION 11 – Acting President
When the Vice President becomes Acting President:
1. Whenever the President transmits to the President of the Senate
and the Speaker of the House of Representatives a written
declaration that he is unable to discharge the powers and duties
of his office
2. Whenever a majority of all members of the Cabinet transmit to
the President of the Senate and the Speaker of the House of
Representatives such written declaration
When the President resumes office:
1. When the President transmits to Congress written declaration
that o such inability exists
NOTE: Should a majority of all members of the Cabinet transmit within 5
days their written declaration the President is unable to discharge the
powers and duties of his office, the Congress shall decide the issue.
 For this purpose, Congress shall convene within 48 hours without
need of call.
 If within 10 days after receipt of last written declaration (or 12
days if not in session) Congress determines by a two-thirds vote
of both Houses that the President is unable to discharge the
powers and duties of his office, the Vice President shall continue
acting as President.
 Otherwise, the President shall reassume his office.
SECTION 12 – Serious illness of the President
Serious illness of the President – Not just incapacitation but also any
serious illness which can be a matter of national concern
Duty of releasing such information to the public – Falls to the office of
the president
Shall still have access to the President during said illness:
  Members of the Cabinet in charge of national security and
foreign relations
 Chief of Staff of the Armed Forces of the Philippines
SECTION 13 – Holding of other offices
Limitations on the President, Vice President, Members of the Cabinet,
deputies or assistants:
 May not hold any other office or employment during said tenure
 Shall not directly or indirectly practice any other profession,
participate in any business, be financially interested in any
contract with or in any franchise
 Any special privilege granted by the government or any
subdivision, agency, or instrumentality
 Including any government-owned or controlled corporations or
their subsidiaries
Spouse and relatives by consanguinity or affinity within the 4th civil
degree of the President:
 Shall not be appointed as Members of the Constitutional
Commissions
 Office of Ombudsman
 Secretaries, Undersecretaries, Chairmen, or Heads of Bureaus or
offices
 Including government-owned or controlled corporations and
their subsidiaries
SECTION 15 & 16 – Appointments made by the President
Appointments extended by an Acting President – Shall remain effective
unless revoked by Elected President within 90 days from his assumption
of office
Appointments by President – Cannot be made two months immediately
before the next presidential elections up to the end of his term
FJB
 EXCEPTIONS: Temporary appointments to executive positions
when continued vacancies therein will prejudice public service or
endanger public safety
Kinds of Appointments
1. Ad interim – Done when Congress is not in session; permanent in
nature but can be revoked during Congress’s next session or
upon disapproval of the Commission on Appointments
2. Temporary – Can be done anytime
Scope of President’s Appointing Power
Shall nominate and with the consent of the Commission on
Appointments appoint the following:
 Heads of executive departments
 Ambassadors
 Other public ministers and consuls
 Officers of the Armed Forces from the rank of colonel or naval
captain
 Members of the Supreme Court and judges of lower court (Article
VIII, Section 9)
 Regular members of the Judicial and Bar Council (Article IX B
Section 1 Par. 2)
 Chairmen and Members of Constitutional Commissions (C & D
Section 1 Par 2)
 Ombudsman and his deputies (Article XI, Section 9)
Needing confirmation of the Commission on Appointments – Only those
mentioned in Section 16 (as opposed to the rule of the 1935 Constitution
where all appointments made by the President was subject to
confirmation of the CoA)
 Such prohibition also applies to a President’s alter ego (Pimentel
Jr. v. Ermita).
NOTE: Congress may not give to any other officer the power to appoint
these officers. HOWEVER, appointing authority for other positions may
be vested in other officers lower in rank.
SECTION 17 – Control of executive departments
Power of control – The power of an officer to alter, modify, 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 later.
 Given to the President over all executive officers.
Doctrine of “qualified political agency” (Villena v. Secretary of Interior) –
Recognizing that the Constitution has established a single and not a
plural executive, this doctrine postulates that:
 All executive and administrative organizations are adjuncts of the
executive department
 The heads of the various executive departments are assistants
and agents of the Chief Executive
 Except in cases where the Chief Executive is required by the
Constitution or law to act in person, the multifarious executive
and administrative functions of the CE are performed by and
through the executive departments
 The acts of the secretaries of such departments, performed and
promulgated in the regular course of business are the acts of the
Chief Executive
Power to reorganize executive offices – The express grant of the power
of control the President justifies an executive action to carry out
reorganization of an executive office under a broad authority of law
(Anak Mindanao v. Executive Sec., Tondo Medical Center Employees v.
CA).
Disciplinary power of the President – Flows from his power to appoint,
since the power to remove is inherent in the power to appoint (Ang-
Angco v. Castillo). This inherent disciplinary power has been made
subject to limitation by the legislature through the latter’s power to
provide for a civil service system with tenure.
President’s power over government-owned corporations – Comes from
statute (NAMARCO v. Arca) rather than the Constitution, so it may also
be taken away by statute.
SECTION 18 – Commander-in-Chief of the AFP
FJB
President’s powers as Commander-in-Chief of all Armed Forces of the
Philippines:
1. He may call out such armed forces to prevent or suppress lawless
violence, invasion, or rebellion.
2. When public safety requires it, he may suspend privilege of writ
of habeas corpus (time limit of 60 days).
3. When public safety requires it, he may place the Philippines
under martial law (time limit of 60 days).
Significance of Commander-in-Chiefship – A civilian President holds
supreme military authority and is the ceremonial, legal, and
administrative head of the armed forces. It is not necessary that he be
possessed of military training but he has the power to direct military
operations and determine military strategy. He may delegate but
ultimately the power is his.
Subjection to judicial review – Use of armed forces, yes. Suspension of
privilege of writ of habeas corpus, no.
Writ of habeas corpus – A court order that requires a person under
arrest to be brought before a judge or into court.
 Such suspension is only applicable to persons judicially charged
for rebellion or other offenses inherent in invasion.
 Any person thus arrested shall be judicially charged within 3 days.
Martial law – Essentially, police power exercised by the executive with
the aid of the military; authorizes the military to act vigorously for the
maintenance of an orderly civil government.
 Scope of martial law - A flexible concept, rather than a fixed one,
since the factual bases upon which it is dependent have different
necessities for public safety. These bases are:
o The existence of actual invasion or rebellion
o The requirements of public safety.
Limits Upon the Imposition of Martial Law / Suspension of Privilege of
Writ
1. A time limit of 60 days
 2. Review and possible revocation by Congress
a. President has to submit a report in person or in writing to
Congress
b. They shall vote jointly with a vote of at least a majority of
all its Members on whether or not to revoke such
proclamation or suspension
c. If not in session, Congress shall convene within 24 hours
3. Review and possible nullification by Supreme Court
a. In an appropriate proceeding filed by any citizen
SECTION 19 – Reprieves, pardons, etc.
Power of executive clemency – Except in cases of impeachment, the
President may grant reprieves, commutations, pardons, and remit fines
and forfeitures after conviction by final judgment. With concurrence of
majority of all members of Congress, hey may also grant amnesty.
 Purpose is a tacit admission that human institutions are
imperfect and that there are infirmities in the administration of
justice.
Kinds of Executive Clemency
1. Reprieve – Postpones the execution of an offense to a day certain
2. Commutation – A remission of a part of the punishment; a
substitution of a less penalty for the one originally imposed
3. Remission of fines and forfeitures – Prevents the collection of
fines or confiscation of forfeited property; cannot have the effect
of returning property
4. Pardon – Exempts the individual on whom it is bestowed from
the punishment the law inflicts for a crime he committed (if
decision appealed, the pardon shall have no effect until the
person withdraws his appeal).
a. Absolute pardon – Complete even without acceptance
b. Conditional pardon – Has no force until accepted by
condemned
i. NOTE: The President alone will determine
whether such has been violated
FJB
5. Amnesty – Commonly denotes general pardon to rebels for
treason and other high political offenses, or forgiveness which
one sovereign grants to subject of another who have offended by
some breach of the law of nations
a. Tax amnesty – General pardon or intentional overlooking
of authority to impose penalties on persons otherwise
guilty of evasion or violation of revenue or tax law.
NOTE: These clemencies cannot be given until after conviction by final
judgment. This is to prevent the President from preempting the action of
the judge.
SECTION 20 – Foreign loans
Contracting or guaranteeing of foreign loans – Requirement of prior
concurrence of the Monetary Board and subject to such limitations as
may be provided by law
o Monetary Board – Has expertise and consistency required to
perform the mandate which may be absent among members of
Congress
SECTION 21 – Treaties and international agreements
Foreign Relations Powers of the President
1. The power to negotiate treaties and international agreements
2. The power to appoint ambassadors, other public ministers, and
consuls
3. The power to receive ambassadors and other public ministers
accredited to the Philippines
4. The power to contract and guarantee foreign loans on behalf of
the Republic
5. The power to deport aliens
President’s role in international agreement – In the negotiation phase,
the executive may completely exclude Congress. However, any resulting
treaty does not become binding without concurrence of at least two-
thirds of all Members of Senate.
Treaties – Require ratification, but less formal international agreements
may be entered into by the Chief Executive and become binding without
concurrence of Congress.

Agreement – Those that are permanent and original and should be

embodied in a treaty requiring concurrence from Congress. However,
those which are temporary or are merely implementations of treaties or
statutes do not need concurrence.

SECTION 22 & 23 – General appropriations bill and addressing of

Congress

Basis of general appropriations bill – The budget of receipts and

expenditures prepared by the President
o Should be submitted within 30 days from the opening of every
regular session

Presidential address of Congress – Opening of every regular session

FJB