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CONSTITUTIONAL LAW 1 REVIEWER

ARTICLE II The parliamentary privilege of speech does not immune the


congressman from the disciplinary powers but it is an
SECTION 1 absolute protection against libel.
b) Jimenez vs. Cabangbang; Antonino vs. Valencia
a) In Re Letter of Associate Justice Puno The speech and utterances must constitute legislative action
– that is actions that are done in relation with the duties of a
The Aquino government is a de jure government because it Congressman.
was established by a legitimate sovereign, the Filipino c) Gravel vs. US
people. Article 2 section 1 provides that Sovereignty resides The privilege extends to the agents of the assemblyman
on the people and all government authority emanates from it. provided that the agency consist precisely in assisting the
legislator in the performance of legislative action.
SECTION 2 SECTION 14
The Philippines renounces war as an instrument of national a) Puyat vs de Guzman jr.
policy. It adopts general principles of international law as The prohibition against Congressmen in the practice of
part of the law of the land and adheres to the principles of profession includes acts that are impliedly prohibited (ex.
peace, justice freedom, equality, cooperation and amity with buying stocks in the interest of a client).
all nations
SECTION 16
ARTICLE VI a) Santiago vs. Guigona
The courts may not interfere in the internal affairs of the
SECTION 1 legislature.
a) Rubi vs. Provincial Board b) Osmena vs. Pendatun
The congress may delegate is legislative powers to local Each house shall be the sole judge of what disorderly
governments behavior is.
May an administrative rule be a penal regulation: Yes. c) US vs. Pons
Provided that the following condition concur: The journal is conclusive upon the courts
b) US vs. Grimmaud: The dealing statute must d) Casco Philippine Chemical Corp. vs Gimenez
authorize the promulgation of a penal regulation The enrolled bill is conclusive assurance that the bill is
c) US vs. Barrias: The penalty to imposed must be authentic and thus is more conclusive in courts than the
provided in the delegating statute journal.
d) People vs. Que Po Lay: Said regulation must be e) Astorga vs. Villegas
published in the Official Gazette. If the signatories repudiates their signatures on the enrolled
e) People vs. Dacucuy bill, it is no longer considered authentic and the journal shall
The law which provided that the period of the penalty shall be be conclusive.
upon the discretion of the court is INVALID.
SECTION 17
SECTION 5 a) Bondoc vs. Pineda; Robles vs. HRET; Co vs.
a) Ang Bagong Bayani vs. COMELEC HRET; Arroyo vs. HRET
Only parties that represent the underprivileged and The supreme court may intervene in the Electoral tribunals if
marginalized sector are allowed to run for positions in the there grave abuse of discretion.
party list. Religius sectors are not allowed (RA 7941) b) Angara vs. Electoral Commission
b) Veterans Federation Party vs. COMELEC The congress may not intervene in the ET for they are
Two percent threshold-three limit rule; the twenty percent is a independent constitutional bodies.
ceiling for party list in the congress, it is not mandatory.
SECTION 18
SECTION 6 a) Guingona Jr. vs. Gonzales
a) Romualdez Marcos vs. COMELEC; Aquino vs. There is no need to fill up the 12 seats in the CA.
COMELEC
A person’s residence is not his temporary residence but his Section 21
domicile. a) Aurnault vs. Nazareno
b) Domino vs. COMELEC Why legislative inquiry is important and why there is a need
In order to establish domicile, there must be animus manendi to punish
coupled with animus non revertendi: an intention of b) Bengzon vs. Senate Blue Ribbon Committee
abandoning the former place of residence and establishing a The speech of Enrile contained no suggestion of
new one. contemplated legislation. Thus, the legislative inquiry that
followed is not for the aid of legislation.
SECTION10 c) Negros II vs. Sanguniang Panlungsod
a) Philconsa vs. Mathay The power to punish for contempt on leguslative inquiries is
The reason for the delayed effect of the salary increase is to inherent only in the Congress and may be exercised by LGU.
place a legal bar on legislators’ yielding to the natural
temptation to increase their salary. SECTION 24
a) Tolentino vs. Secretary of Finance
SECTION 11
a) Osmena vs. Pendatun
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Prerogative to pass this bills in based on the house alone. Congress may not expand the list of those who needs the
But once approved, the Senate may overhaul it with its own confirmation of CA. .PNP officers are not a member of AF
version. but civilians.
i) Matibag vs. Benipayo
ARTICLE VII Ad interim appointment is pwemanent in nature. The fact
that it is subject to confirmation of the CA does not alter its
SECTION 1 permanent character.
a) Villena vs. Secretary of Interior
The president is the executive of the government of the SECTION 17
Philippines and no one else. a) Mondano vs. Silvosa
b) Marcos vs. Manglapus et al. Power of control is the power of an officer to alter, modify or
The president is the executive of the government and his nullify the judgments of subordinate officers in the
powers are more than the totality of the specific powers that performance of his duties.
are enumerated in the constitution. The President has the b) Blaquera vs. Alcasid
duty to protect and serve the citizens, protect liberty, property EO 29 and 268 are valid exercise of presidential control for
and life, promote general welfare and ensure peace and the president is merely modifying the acts of the respondents
order. These duties point to the existence of unstated who granted incentives without appropriate clearance from
residual powers. the president thereby resulting to uneven distribution of
c) Laurel vs. Garcia government resources.
The president may not convey real properties of the c) Villena vs. Secretary of Interior
government solely upon his will. Such conveyance must be The acts of the secretaries of executive departments,
authorized by law enacted by the Congress. promulgated in the regular course of business, unless
disapproved and reprobated by the president are considered
SECTION 8 acts of the Chief Executive himself.
a) Liberties Union vs. Executive Secretary d) Lacson-Magallanes vs. Pano
EO 284 is invalid for it gives the president and the family The Executive Secretary when acting by the authority of the
broad exceptions under Section 7 of Art. IX. The exception president may reverse the decision of another department
of Section 13 Art. VII should be the one to apply for the secretary.
president. e) De Leon vs. Carpio
b) Soliven vs. Judge Makaisar The acts of the Secretary of justice, in the regular course of
Immunity from suits is a presidential prerogative which only the performance of his duties are acts of the president, which
the president can invoke or waive. are controlling over all executive offices. Hence NBI chief
must obey.
SECTION 15 f) Ang-Angco vs. Castillo
a) In re Valenzuela and Vallarta The president’s power of control can only be exercised over
The prohibition on section 15 also applies to judiciary acts of made by a subordinate officer of his duties.
appointments of the president g) NAMARCO vs. ARCA
b) dela Rama vs. CA The president has the power to control government owned
The prohibition only applies to presidential appointees corporation. (Note: power does not come from the
constitution but from statue, thus it may also be taken away
SECTION 16 by statue)
a) Government vs. Springer
Power to appoint is executive in nature SECTION 18
b) Manalang vs. Quitoriano a) Martin vs. Mott
Since power to appoint is executive in nature, the legislature The ultimate authority to decide whether such necessity
may not usurp said power (see book). already arisen lies on the President and is conclusive upon
c) Flores vs. Drilon all other persons.
The congress limiting the choice of the president for the b) IBP vs. Zamora
SBMA chairman to only the Mayor of Olango is invalid thus The factual necessity of calling out the armed forces is for the
null and void. president to decide based on his powers provided for in Art.
d) Bautista vs. Salonga VII section 18.
Appointment of CHR Chairman does not need CA c) Lacson vs. Secretary Perez
confirmation, the position not being one of those listed in the The president has the vast power of intelligence network to
st
1 sentence of article 16. gather information affecting the security of the state.
e) Quintos-deles vs. CA Although the Court, in proper cases, may look into the
Appointment of Sectoral representative needs the sufficiency of the factual basis of the exercise of this power,
confirmation of CA because the appointment is expressly based on its power to determine grave abuse of discretion,
provided by the constitution (falls in the first sentence). such is no longer possible when proclamation has already
f) Sarmiento vs. Mison been lifted.
The appointment of Customs Commissioner needs no
confirmation from CA. Only those falling in the first sentence SECTION 19
needs confirmation. a) Llmas vs. Orbos
g) Calderon vs. Carale The Constitution does not make any distinction with regard to
The congress may not expand the list of appointment the extent of the pardoning power of the president except
needing confirmation. See Sarmiento vs. Mison with respect to impeachment.
h) Manalo vs. Sistoza b) Drilon vs. CA

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Commutation may come in any form. House arrest in place
of imprisonment is a form of commutation by shortening the
penalty.
c) Cabantag vs. Wolfe
A distinction between absolute and conditional pardon must
be made. An absolute pardon will take effect even without
acceptance while conditional pardon will only take effect after
acceptance of the condemned. The reason for this is that the
conditional pardon may be less acceptable to him than the
original sentence and may in fact be more onerous.
d) Monsanto vs. Factoran
One who is given absolute pardon has no demandable right
to reinstatement. Nonetheless, he may apply for new
appointment.
e) Garcia vs. Commission on Audit
If pardon is given because one is acquitted on the ground
that he did not commit the crime, he has a right to
reinstatement and back wages due.
f) Torres vs. Gonzales
The convicts acceptance of pardon also involves acceptance
of the president’s authority to withdraw such conditional
pardon.
g) People vs. Salle Jr.
Pardons have no effect to those that are not serving by final
judgment. Appeals must be withdrawn before pardon can be
effected.

SECTION 21
a) Usaffe Veterans Association Inc. vs. Treasurer of
the Philippines
Treaties require the concurrence of the Senate, less formal
types of international agreements may be entered into by the
Chief Executive and become binding without the concurrence
of the legislative body.
b) Bayan vs. Executive Secretary
Section 21 of Art. 7 applies as to the manner of ratifying the
treaty.

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NOTES AND DIGESTS
PREAMBLE excluded islands because historically, they have
always been under Philippine jurisdiction.

 There are specific terms included in the The scope of the national territory as defined in this
preamble, which although does not create rights or Article refers to:
obligations, it sets down the origin, scope, and • the Philippine Archipelago
purpose of the Constitution (Jacobson v. • all other territories over which the Philippines
Massachussets, 197 US 11). has sovereignty or jurisdiction – worded so that it may
include all future land acquisitions of the Philippines
 The significance of the first person We either by war or by grant of international law
stresses the active and sovereign role of the Filipino • the territorial sea, the seabed, the subsoil,
people as authors of the Constitution. the insular shelves, and other submarine areas
corresponding to the first two provisions, or the
These specific terms are: country’s terrestrial, fluvial, and aerial domains.
• Almighty God – This reflects personalist
Filipino behavior toward religion. Archipelagic Principle
• Common Good – This statement implies an There are two elements to the archipelagic principle,
aim toward the prevention against tyranny of the the inclusion of internal waters in the territorial waters
majority. The phrase “general welfare” was avoided of a country, and the straight baseline method of
because general welfare may not be the common defining territorial waters.
good.
• Love – This word was included as a tribute 1. Straight Baselines - against normal
to EDSA. We’re the only country in the world with the baselines that follow the coast: 12 NM = territorial
word “love” in our fundamental law. waters, + 12 NM = contiguous zone + 250 NM
• Truth – This is a statement against the exclusive economic zone. Malampaya falls under our
suppression of truth in the Marcos era. exclusive economic zone. This creates controversy
• Peace – This is mentioned last because this over the local government share
is supposed to be a fruit of truth, justice, freedom,
love, and equality. 2. Internal Waters - Waters found between
• Rule of Law – This emphasizes that islands with a distance greater than what is
government officials have only the authority given and considered under territorial waters. This conflicts with
defined by law, and such authority continues only with the 1982 Treaty on the Law of the Sea, which
the concurrence of the people. recognizes these internal waters as international
waters. We signed the treaty with reservations (1984),
Article I declaring that it does not in any manner impair or
National Territory prejudice the sovereign tights of the Philippines in
accordance with its Constitution.
The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the Article II
Philippines has sovereignty or jurisdiction, consisting Declaration of Principles and State Policies
of its terrestrial, fluvial and aerial domains, including
its territorial sea, the seabed, the subsoil, the insular PRINCIPLES
shelves, and other submarine areas. The waters
around, between, and connecting the islands of the Section 1
archipelago, regardless of their breadth and The Philippines is a democratic and republican state.
dimensions, form part of the internal waters of the Sovereignty resides in the people and all government
Philippines. authority emanates from them.

• You may not find a declaration of territory in A state is a community of persons more or less
other Constitutions because Constitutions are numerous permanently occupying a definite portion of
municipal law and are not binding as International territory independent of external control and
Law. possessing an organized government to which a body
• The Treaty of Paris, signed in 1935, of inhabitants render habitual obedience.
described the Philippines as a rectangle, and the
territorial limitations in the treaty excluded parts of Four requirements for a government:
Western Philippines and Batanes, hence the clause: •People
and any other territories within Philippine jurisdiction. •Territory
This allowed for the inclusion of Batanes and the •Sovereignty

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•Government determining whether or not the government shall
exercise these functions are: that a government
A republican state implies a representative should do for the public welfare those things that
government while a democratic state implies a direct private capital would not naturally undertake, and that
democracy. a government should do those things which by its
very nature it is better equipped to administer for the
Sovereignty public welfare than any private individual or group of
Sovereignty is the power to make legal decisions. All individuals.
sovereignty resides in the people, and whatever
power you have has to be given to you. Sovereignty State, government, and administration
is defined by Jellinek as the supreme power to affect State is the corporate entity, government is the
all legal interests either by executive, legal, or judicial institution that implements the will of the State, and
action. administration refers to the people running the
institution.
People v. Gozo
De jure and de De facto government
Doctrine The Philippine government merely consents Judicial acts and proceedings of de facto
to a foreign state’s jurisdiction in certain areas as a governments remain good and valid even after the
matter of comity, courtesy, or expediency. The US liberation or reoccupation of the Philippines by the
has prior or preferential, but not exclusive jurisdiction, American and Filipino forces.
and the Philippines does not divest itself of jurisdiction
over offenses committed inside the military bases. Go Kim Chan v. Valdez Tan Keh
The bases are not foreign territory.
Doctrine There are three kinds of de facto
Functions of Government governments.
As defined in Bacani v. NACOCO, the functions of
government are classified into constituent and • First, is when the government de
ministrant functions. facto gets possession and control of, or usurps, by
force or by the voice of the majority, the rightful legal
Constituent Functions government and maintains itself against the will of the
The constituent functions of government are the latter. (Cromwell’s England)
compulsory functions of government that constitute • The second is a government
the very bonds of society. As enumerated by established and maintained by military forces who
Woodrow Wilson, they are: invade and occupy a territory of the enemy in the
• The keeping of order and providing for the course of war, and which is denominated a
protection of persons and property from violence and government of paramount force (Japanese
robbery. Occupation)
• The fixing of legal relations between man and • The third kind is that established as
wife and between parents and children. an independent government by the inhabitants of a
• The regulation of the holding, transmission, and country who rise in insurrection against the parent
interchange of property, and the determination its state (Southern Confederacy)
liabilities for debt or for crime
• The determination of contract rights between Of the second kind, denominated as a government of
individuals. paramount force.
• The definition and punisment of crime.
• The administration of justice in civil cases. • Its existence is maintained by active
• The determination of the political duties, military power within the territories and against the
privileges, and relations of citizens rightful authority of an established and lawful
• Dealings of the state with foreign powers: the government
preservation of the state from external danger or • While it exists it must necessarily
encroachment and the advancement of its be obeyed in civil matters by private citizens, who by
international interest. obedience rendered in submission to such force, do
not become responsible as wrongdoers for those
It is opined that housing for the people and the acts, though not warranted by the laws of the rightful
compelling demands of social justice now fall under government.
the ambit of a government’s constituent functions.
In Re: Letter of Associate Justice Puno
Ministrant Functions
Ministrant functions of the government are the Synopsis With respect to the Aquino
optional functions that are intended for achieving a government of 1986, it can be said that the
better life for the community. The principles for organization of Mrs. Aquino’s government was met by

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little resistance and her control of the state evidenced justice, freedom, cooperation, and amity with all
by the appointment of the Cabinet and other key nations.
officers of Cabinet officials, revamp of the Judiciary,
and the Military signaled the point where the legal The war that is renounced is an aggressive and not a
system in effect had ceased to be obeyed by the defensive war.
Filipino people.
International law can only become part of municipal
Patterns of Government law through the appropriate constitutional machinery,
What superficially appears to be a bewildering variety such as an act of parliament or Congressional
of applications of constitutional democracy can be legislation.
reduced to the following basic patterns:
• Direct government – the people, organized Although the doctrine of incorporation tells us that
as the electorate, are the preponderant power holder public international law carries the same weight as
(Ancient Greek City-States) statutory law, when it comes to general principles of
• Assembly government – name for the international law, the ones that will be adopted by the
pattern which the parliament as the representation of country are arrived at through jurispruidential
the people is the preponderant power holder (China, development.
former USSR)
• Parliamentarism – where there exists an Section 3
equilibrium between the independent power holders, Civilian authority is, at all times, supreme over the
parliament and government, and is attempted by the military. The Armed Forces of the Philippines is the
integration of the two. There are two widely divergent protector of the people and the State. Its goal is to
forms of this type, where the parliament is superior in secure the sovereignty of the State and the integrity of
political power to the cabinet (French model) or vice the national territory.
versa (British model).
• Presidential – If the independent power The section is divided into two clauses, the Civilian
holders, government and parliament, are kept Supremacy clause and the Mark of Sovereignty
separated but are constitutionally obligated to clause.
corporate for the formation of the will of the state, • Civilian Supremacy - Civilian authority is, at
interdependence is achieved by coordination. all times, supreme over the military.
• Mark of Sovereignty -The AFP is the
Marcos Dictatorship and Parliamentarism vs. protector of the people and the state.
Presidential Government
Mark of Sovereignty
The MoS clause is, in capsule form, the description of
The Marcos government was a presidential form of a soldier’s vocation. The soldier is supposed to
government. A presidential form of government has renounce political ambition because he finds nobility
these distinguishing features: and dignity and honor in being the guardian of the
• separation of powers people and of the integrity of the national territory of a
• the preeminence of the President legitimate government.

First of all, Marcos inherited the powers of the This is not a principle, which once articulated, creates
President as defined in the 1935 Constitution. He was the reality that it seeks to describe. To keep the
also superior to the Prime Minister by the fact that he dream of civilian supremacy alive, two elements are
nominated the Prime Minister, approved the program needed: a civilian government that is both legitimate
of government to be administered by the Prime and stable, and an armed force of the highest
Minister, terminated the term of the Prime Minister if professionalism.
and when he nominates his successor, and could
delegate powers to the Prime Minister. He also had Section 4
control over the ministries. Moreover, while there was The prime duty of the Government is to serve and
a closer relationship between the executive and protect the people. The Government may call upon
legislative, thereby manifesting some aspects of the people to defend the State and, in the fulfillment
parliamentarism, there was a definite separation. thereof, all citizens may be required, under conditions
Separation from the Judiciary was also maintained. provided by law, to render personal, military or civil
service.
Section 2
Section 5
The Philippines renounces war as an instrument of The maintenance of peace and order, the protection
national policy, adopts the generally accepted of life, liberty, and property, and promotion of the
principles of international law as part of the law of the general welfare are essential for the enjoyment by all
land and adheres to the policy of peace, equality, the people of the blessings of democracy.

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The 1987 version places an emphasis in the service
to and protection of the people. This is in contrast with Section 11
earlier versions proclaiming the defense of the state The State values the dignity of every human person
being a prime duty of government. The phrase “under and guarantees full respect for human rights.
conditions provided by law” in the second sentence of
Article 4 places a premium on serving the people and Section 12
protecting their rights even when there is a need to The State recognizes the sanctity of family life and
defend the State. shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect
Section 6 the life of the mother and the life of the unborn from
The separation of Church and State shall be conception. The natural and primary right and duty of
inviolable. parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive
See Article III, Section 5. the support of the Government.

STATE POLICIES Section 13


The State recognizes the vital role of the youth in
Section 7 nation-building and shall promote and protect their
The State shall pursue an independent foreign policy. physical, moral, spiritual, intellectual, and social well-
In its relations with other states, the paramount being. It shall inculcate in the youth patriotism and
consideration shall be national sovereignty, territorial nationalism, and encourage their involvement in
integrity, national interest, and the right to self- public and civic affairs.
determination.
The word family emphasizes a stable heterosexual
Section 8 relationship. Sec. 12 also accepts the principle that
The Philippines, consistent with the national interest, the family is anterior to the state. It also protects the
adopts and pursues a policy of freedom from nuclear family from instrumentalization by the state.
weapons in its territory.
The legal meaning and purpose of the protection of
The Consitution prescribes a policy of freedom from the unborn clause is not an assertion that the unborn
nuclear weapons. The policy includes the prohibition is a legal person. This is also not an assertion that the
of not only the possession, control, and manufacture life of the unborn is the same as the life of the mother.
of nuclear weapons but also nuclear arms tests. Any The idea is that life begins at conception, although the
exception to this policy must be justified by national time of conception is for science to specify.
interest. The policy should not be construed as a
prohibition against the peaceful use of nuclear As to the education of children, the rights of the State
energy. and parents are delineated, as the primary right
belongs to the parents and affirms the secondary and
Any new agreement on bases or the presence of supportive role of the state. The State, as parens
troops must embody the basic policy of freedom from patriae, may step in when a natural parent cannot or
nuclear weapons. fails to cope with the duties of raising his or her
children.
Section 9
The State shall promote a just and dynamic social Section 14
order that will ensure the prosperity and The State recognizes the role of women in nation-
independence of the nation and free the people from building, and shall ensure the fundamental equality
poverty through policies that provide adequate social before the law of women and men.
services, promote full employment, a rising standard
of living, and an improved quality of life for all. The provision is worded as not to dislocate the Civil
Code and the jurisprudence on the subject. What it
does is to give impetus to the removal, through
Section 10 statutes, of existing inequalities. The general idea is
The State shall promote social justice in all phases of for the law to ignore gender in determining rights and
national development. duties

The social justice provisions mean the equalization of Section 15


economic, political, and social opportunities with The State shall protect and promote the right to health
special emphasis on the duty of the state to tilt the of the people and instill health consciousness among
balance of social forces by favoring the them.
disadvantaged in life. The social justice provision
guides the attitude of the Court toward jurisprudence Section 16
with respect to property rights.

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The State shall protect and advance the right of the Section 20
people to a balanced and healthful ecology in accord The State recognizes the indispensable role of the
with the rhythm and harmony of nature. private sector, encourages private enterprise, and
provides incentives to needed investments.
This provision recognizes an enforceable right. This is
illustrated in the following cases. This is nothing more than an acknowledgment of the
importance of private initiative in building the nation,
Oposa v. Factoran but it is not a call for the official abdication of duty to
the citizenry.
Ruling The subject matter of the complaint is the
general interest of all citizens of the Philippines. The Section 21
petitioner minors assert that they represent their The State shall promote comprehensive
generation and the generations yet unknown. Their rural development and agrarian reform.
personality to sue in behalf of succeeding generations
is based on the concept of intergenerational This includes a broader spectrum of social, economic,
responsibility. Every generation has a responsibility to human, cultural, political, and industrial development.
the next to preserve the rhythm and harmony for the See more in Article XIII.
full enjoyment of a balanced ecology.
Section 22
Laguna Lake Development Authority v. Court of The State recognizes and promotes the rights of
Appeals indigenous cultural communities within the framework
of national unity and development.
Synopsis Some residents near the dumpsite
in Caloocan were concerned about pollution. The Section 23
LLDA issued a cease and desist order because of its The State shall encourage non-governmental,
harmful effects on the residents and the possible community-based, or sectoral organizations that
pollution to the receiving streams. The Court upheld promote the welfare of the nation.
the LLDA ruling.
Section 24
The State recognizes the vital role of communication
Section 17 and information in nation-building.
The State shall give priority to education, science and
technology, arts, culture, and sports to foster Section 25
patriotism and nationalism, accelerate social The State shall ensure the autonomy of local
progress, and promote total human liberation and governments.
development.
All further discussed in Article X.
This does not mean that the government is not free to
balance the demands of education against other Section 26
competing and urgent demands. The State shall guarantee equal access to
opportunities for public service and prohibit political
Section 18 dynasties as may be defined by law.
The State affirms labor as a primary social economic
force. It shall protect the rights of workers and This is to give substance to the desire for the
promote their welfare. equalization of political opportunities. However, the
definition of the term “political dynasty” is left to
This means that the human factor has primacy over legislature.
the non-human factor in production.
Section 27
Section 19 The State shall maintain honesty and integrity in the
The State shall develop a self-reliant and independent public service and take positive and effective
national economy effectively controlled by Filipinos. measures against graft and corruption.

Any doubt in the interpretation of provisions on the Discussed in Article XI.


economy and patrimony should be resolved in favor
of the self-reliance and independence of Filipinos. In Section 28
Garcia v. Board of Investments, no cogent advantage Subject to reasonable conditions prescribed by law,
was shown in the petrochemical plant transfer. It is a the State adopts and implements a policy of full public
repudiation of the independent policy of the disclosure of all its transactions involving public
government to run its own affairs in its best interests. interest.

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A basic corollary of the presidential system of
Article VI government is the principle of separation of powers.
The Legislative Department Separation of powers means that legislation belongs
to Congress, execution to the executive, and
settlement of judicial controversies to the
Section 1 judiciary.This principle is an implicit limitation on
The legislative power shall be vested in the Congress legislative power. However, the separation is not
of the Philippines which shall consist of a Senate and absolute because it allows for checks and balances
a House of Representatives, except to the extent because no one department is able to act without the
reserved to the people by the provision on initiative cooperation of at least one of the other departments.
and referendum. The purpose of these checks and balances is to avoid
power being concentrated in one department. The
Bicameral Body danger in the concentration of power was realized in
The Jones Law called for a bicameral Congress, but the dark days of martial law.
the 1935 and 1973 Constitutions both originally called
for a unicameral Congress. However, the 1935 Limits on Legislative Power
Constitution was later amended to provide for a Legislative power is subject to substantive limitations
bicameral legislature. which circumscribe both the exercise of the power
itself and the allowable subjects of legislation.. The
The arguments for a unicameral body as substantive limitations are chiefly found in the Bill of
contemplated in the 1935 and 1973 Constitutions are: Rights, and there exist procedural limitations
• simplicity of organization resulting in prescribing the manner of passing bills and the forms
economy and efficiency that these bills should take.
• facility in pinpointing responsibility for
legislation Initiative and Referendum
• avoidance of duplication In republican constitutional theory, the original
• strengthening of the legislature in relation to legislative power belongs to the people who, through
the executive. the Constitution, confer derivative legislative power on
the legislature. However, under the 1987 Constitution,
This debate resurfaced in the deliberations for the the grant of legislative power to Congress is not
1987 Constitution. A bicameral legislature was exclusive. The Constitution provides for initiative and
adopted, by a vote of 23-22, because: referendum as a direct means for the people to create
• an upper house has the capacity to look at law.
problems from a national perspective, and this
national perspective serves as a check on the The power of initiative and referendum is thus the
parochial tendency of a body elected by districts power of the people directly to propose and enact
• a bicameral legislature allows for a more laws or approve or reject any act or law or part thereof
careful study of legislation passed by the Congress or local legislative body. The
• bicameralism is less vulnerable to attempts purpose of the provisions for initiative and referendum
by the executive at manipulation (Sections 1 and 32) is to institutionalize People
Power.
Nature of Legislative Power
Legislative power is the authority to make laws and to The operationalization of initiative and referendum
alter and repeal them. It is a derivative and vested has been left by the Constitution to Congress.
power given to the legislature by the Constitution. Although the legislative power of Congress is plenary,
According to American jurisprudence, “the the scope of the legislative power that is given to the
Constitution fixes limits to the exercise of legislative people by initiative and referendum is limited to
authority, and prescribes the limits within it must whatever exceptions that Congress may impose.
move. This also provides the basis for non-
delegability and the prohibition against the passage of
Garcia v. COMELEC
irrepealable laws.

Unlike the United States Constitution, the 1987 (like Synopsis In its Pambayang Kapasyahan, the
the 1935 and 1973 Constitutions) gives a grant of Sangguniang Bayan of Morong agreed to the
plenary legislative power to the Philippine legislature. inclusion of the municipality of Morong as part of the
This means that “any power, deemed to be legislative Subic Special Economic Zone. The residents of
by usage and tradition, is necessarily possessed by Morong opposed this resolution through their power of
Congress, unless the organic act has lodged it initiative provided under the Local Government Code
elsewhere.” of 1991. They started soliciting signatures to cause
the repeal of the resolution.
Separation of Powers

Page 9 of 36
In its decision, the Supreme Court held that the • Delegata potestas non potest delegari, which
petition of the residents was valid because the subject means that which has been delegated to you cannot
matter directly affects the welfare of the residents of be further delegated by you
Morong, and that the power of initiative covers the
repeal of a resolution passed by a local legislative Since the Constitution gave to Congress alone the
body. power to make law, means that no other body or
branch of government can make laws. The controlling
Legislative Powers of Marcos and Aquino legal maxim is the maxim of agency, delegata
potestas non potest delegari. However, in spite of this
The 1973 Constitution provided for two concurrent principle, numerous statutes have been passed
legislative agencies: the Batasang Pambansa and the conferring legislative power to administrative
President. The legislative power of the Batasan was agencies, authorizing them to exercise regulatory
ordinary, while the legislative power of the President powers.
was extraordinary. The extraordinariness of the
President's power, however, did not lie solely in that it This is justified by two theories: the first theory,
was a tool for coping with emergency; it also lay in the advanced in 1825, is that a non-legislative body may
distinct advantage it gave to the President over the be authorized to “fill in the gaps” of a statute. The
legislature. It not only enabled him to supply for the other theory, is that Congress may pass contingent
legislature when the latter, in the judgment of the legislation, which leaves to another body the business
President, "fail[ed] or [was] unable to act on any of the fact necessary to bring the law into actual
matter" that may need immediate action, but it also operation. As a result, the function performed by the
enabled the President to undo what the legislature administrative agency becomes administrative in
might have done not to his satisfaction. Moreover, he nature.
could legislate, or repeal or amend old legislation
unhampered by any need for debate or three readings In order to ensure that the function of the
or by the other formal limitations that are imposed on administrative agency is not law-making power, the
the legislative body. statute making the delegation must:

Immediately after the February 1986 revolution, • be compete in itself – it must set forth
President Corazon C. Aquino assumed revolutionary therein the policy to be carried out or implemented by
legislative power and, on March 25, 1986, issued the delegated agency, and
Proclamation No. 3, the Provisional Freedom • fix a standard – the limits of which are
Constitution, whose Article I, Section 3, abolished the sufficiently determinate or determinable, to which the
Batasang Pambansa and whose Article II, Section 1, delegate must conform in the performance of his
vested legislative power in the President "[u]ntil a functions.
legislature is elected and convened under a new
Constitution." Section 6 of the 1987 Transitory Since rules and regulations promulgated by
Provisions in turn said: "The incumbent President administrative agencies pursuant to the valid
[Corazon Aquino] shall continue to exercise legislative delegating statute have the force of law, jurisprudence
powers until the first Congress is convened." Thus tells us that their violation may be punished as a
the only difference between the scope of the penal offense as long as these conditions are met:
legislative powers of President Aquino and that of • the violation must have been made criminal
President Marcos was that, whereas Mr. Marcos by the delegating statute
exercised the power concurrently first with the interim • the penalty must be provided by the statute
Batasang Pambansa and subsequently with the itself
regular Batasang Pambansa, President Aquino • the regulation must be published.
exercised it alone. She lost it on July 26, 1987. But
she lost it with a bang signing a batch of forty-two Furthermore, legislative power is delegated to local
legislative acts on the eve of the convening of the government by constitutional tradition (as defined as a
First Congress. practice that has existed since time immemorial).
Congress may, by law, grant the President powers
Non-delegability of Legislative Power necessary to carry out declared national policy in
There are three theories that advance the non- times of war or other national emergency. Congress
delegability of legislative power: may also, by law, subject to limitiations that it may
• Separation of Powers keeps the impose, tariff rates, import and export quotas,
responsibility for the creation of statutes to the tonnage and wharfage dues, and other duties or
legislative branch imposts.
• Due Process – the process by which the
powers are separated and safeguarded demand that Eastern Shipping Lines v. POEA
legislation come from the legislative
Synopsis The respondent was awarded a
sum for the death of her husband who worked in a

Page 10 of 36
vessel and was killed in an accident in Tokyo. ESL Synopsis Pursuant to Article 8, Section 18 of
said that POEA does not have jurisdicition because the Constitution, Congress enacted RA 6734, the
the deceased is not an overseas worker. The Organic Act for the ARMM, calling for a plebiscite to
Supreme Court held the POEA had jurisdiction, and be held in 13 provinces and 9 cities. President Aquino
that ESL’s violations constituted a breach of the issued EO 429 providing for the reorganization of the
administrative statute of the POEA given that the administrative regions of Mindanao. The issue was
standard “fair and equitable employment practices” whether there was an undue delegation of power to
was a sufficient enough basis for a regulation the President in her issuing EO 429.
prescribing a model contract for overseas workers.
The Supreme Court held that in conferring to the
Tablarin v. Guttierez President the power to merge the existing regions
following the establishment of the ARMM, Congress
Synopsis The petitioners flunked the NMAT merely followed the patterns set out by previous
but wanted to take med school anyway. The Supreme legislation. The power to merge administrative regions
Court ruled that the authority of the Board of Medical has been traditionally lodged with the President to
Education to set rules for the closure of medical facilitate the power of supervision over local
schools was drawn from the general standard government units. A legislative standard need not be
“standardization and regularization” of the medical expressed. It may simply be gathered or implied. Nor
profession, taken together with the other provisions of need it be found in the law challenged because it may
the delegating statute. The petitioners could not enter be found in other statutes on the same subjects as
med school. that of the challenged legislation.

Free Telephone Workers Union v. Minister of Employees Confederation v. National Wages


Labor Commission

Doctrine The powers given to the Minister of Labor to Synopsis The Employers Confederation of
certify a labor dispute to the NLRC for compulsory the Philippines is questioning the validity of a wage
arbitration are valid. order issued by a RTWPB promulgated to fix new
wage rates and wage incentives pursuant to the
Cebu Oxygen and Acetylene Co. v. Drilon Wage Rationalization Act. The Court held that the
power of the RTWPB as an expert commission to fix
Synopsis The issue was whether or not an wages under strict standards set by Congress is
implenting order by the Secretary of Labor can necessary in an age of specialized activities.
provide a prohibition not contemplated by the law it
seeks to implement. The Supreme Court held that an Solicitor General v. MMA
administrative agency cannot expand laws enacted by
Congress because that would be tantamount to Synopsis MMA passed a regulation
amending an act of Congress. authorizing the confiscation of license plates and
drivers licenses for certain traffic violations. The Court
People v. Dacuycuy held that this regulation was invalid because it was an
undue delegation of legislative power because it runs
Synopsis Some teachers were charged with counter to PD 1605.
the violation of the Magna Carta for public school
teachers. The petitioners questioned whether or not Tatad v. Secretary of Energy
Sec. 32 of RA 4670 was constitutional. RA 4670
prescribed a penalty whose duration was left “to the Synopsis The Court invalidated EO 392
discretion of the court.” The Supreme Court declared because in effecting the full deregulation of the oil
this provision invalid. It is not for the courts to fix the industry, President Ramos added a standard which
term of imprisonment where no points of reference did not appear in the delegating law, RA 8180.
have been provided by the legislative. What valid
delegation presupposes and sometimes is an The standards set by RA 8180 for oil deregulation
exercise of discretion to fix the length of service which were:
must be served within specific or designated limits o the time when the price of crude oil
provided by law, the absence of which designated and petroleum products in the world market were
limits will constitue such exercise as undue delegation declining and
if not an outright intrusion or assumption of legislative o the time when the exchange rate of
power. the peso to the dollar was stable.

Chongbian v. Orbos In EO 392 Ramos used the depletion of the OPSF as


a third factor for ordering the full deregulation of the
oil industry. The Court held that such consideration
amounts to rewriting the standards set forth in RA

Page 11 of 36
8180 and the Executive failed to follow faithfully the an interruption in the continuity of his service for the
standards set in RA 8180. full term of which he was elected.

PITC v. Angeles The term of office of Senators is six years, and unless
otherwise provided by law, commences at noon on
Doctrine Administrative agencies are allowed to the thirtieth day of June next following their election.
promulgate supplementary rules because as a result The term follows that found in the 1935 Constitution.
of the growing complexity of modern society, it is There is a two consecutive term limit. A Senator can
necessary to create more administrative bodies to run again three years after the expiration of his
help in regulation of its ramified activities. Specialized second term.
in the field assigned to them, they can deal with
problems with more expertise and dispatch than can Section 5
be expected from the legislature or courts of justice. (1) The House of Representatives shall be composed
of not more than two hundred and fifty members,
Other Exceptions to Non-delegability unless otherwise fixed by law, who shall be elected
Local governments may be allowed to legislate on from legislative districts apportioned among the
purely local matters. On the local level, the principle of provinces, cities, and the Metropolitan Manila area in
separation of powers does not apply strictly between accordance with the number of their respective
the executive and the law-making body. Hence, the inhabitants, and on the basis of a uniform and
local law-making agency may be given executive progressive ratio, and those who, as provided by law,
functions. When what is given is an executive power, shall be elected through a party-list system of
the rules applicable to the empowerment of registered national, regional, and sectoral parties or
administrative agencies also becomes applicable to organizations.
the local law-making body. There are two other
exceptions given to the President, one in times of war (2) The party-list representatives shall constitute
and national emergency, where the President has the twenty per centum of the total number of
powers necessary and proper to carry out a declared representatives including those under the party list.
national policy, and where the President is delegated For three consecutive terms after the ratification of
to fix tariff rates, import and export quotas, tonnage this Constitution, one-half of the seats allocated to
and wharfage dues, and other duties and imposts. party-list representatives shall be filled, as provided
by law, by selection or election from the labor,
Section 2 peasant, urban poor, indigenous cultural
The Senate shall be composed of twenty-four communities, women, youth, and such other sectors
Senators who shall be elected at large by the qualified as may be provided by law, except the religious
voters of the Philippines, as may be provided by law. sector.

The number of senators is pegged at twenty four (3) Each legislative district shall comprise, as far as
because the drafters envisioned a small Senate which practicable, contiguous, compact, and adjacent
was supposed to ensure that the quality of the people territory. Each city with a population of at least two
elected to the Senate remained at a high standard. hundred fifty thousand, or each province, shall have
at least one representative.
Section 3
No person shall be a Senator unless he is a natural- (4) Within three years following the return of every
born citizen of the Philippines and, on the day of the census, the Congress shall make a reapportionment
election, is at least thirty-five years of age, able to of legislative districts based on the standards
read and write, a registered voter, and a resident of provided in this section.
the Philippines for not less than two years
immediately preceding the day of the election.
The membership of the House is fixed at two hundred
The residence requirement is satisfied if one is and fifty. However, the total membership of the House
domiciled in the Philippines, even though not may be raised from time to time by statute because
physically present within the two-year period, and the the Constitution says that the total must be 250
age qualification must be possessed on the day the unless otherwise fixed by law. This can be done by
votes are cast and not on the day of the proclamation. reapportionment resulting in the creation of new
districts or the creation of new provinces, since one
Section 4 province is entitled to one representative, or therough
The term of office of the Senators shall be six years the creation of cities entitled to at least one district.
and shall commence, unless otherwise provided by
law, at noon on the thirtieth day of June next following When one of the municipalities of a congressional
their election. No Senator shall serve for more than district is converted into a city large enough to entitle
two consecutive terms. Voluntary renunciation of the it to one legislative district, the incidental effect is the
office for any length of time shall not be considered as splitting of the district into two. The incidental arising

Page 12 of 36
of a new district in this manner need not be preceded Tobias v. Abalos
by a census. Moreover, this incidental effect is
deemed implicitly contained in the title announcing the Synopsis An act was promulgated converting
creation of the new city thus satisfying the the Municipality of Mandaluyong into a City. Although
requirement that the content of the bill be announced only 14.41% of the voting population voted, the act
in the title. However, if an imbalance is created in the was ratified. The act was challenged on the ground
remaining legislative districts, the imbalance can only that it did not mention any census indicating San Juan
be corrected by a reapportionment law. and Mandaluyong had the minimal requirement of
250,000 inhabitants but the challengers never gave
Apportionment any evidence that the population was less than the
minimum requirement. The Court presumed that
The rules for dividing provinces and cities and the Congress gave this minimum requirement due
Metropolitan Manila area as well as other consideration.
metropolitan areas which might be created in the
future are set down in Section 5. The first basic rule Mariano, Jr., v. COMELEC
is that the legislative districts shall be "apportioned
among the provinces, cities, and the Metropolitan Synopsis RA 7854 provided for the
Manila area in accordance with the number of their conversion of Makati into a highly urbanized city. The
respective inhabitants, and on the basis of a uniform act was assailed on the fact that it did not properly
and progressive ratio." identify the land area by metes and bounds in
violation of the Constitution. It was also assailed on
The second rule, is that each legislative district shall the basis that the increase in legislative districts as
comprise, as far as practicable, contiguous, compact provided for in the act is not in accord with Section
and adjacent territory." In Felwa v. Salas, construing 5(3) of the Constitution. The Court held that the
an identical provision in the 1935 Constitution, there districts may be increased and apportionment of
was a suggestion that ethnic or tribal considerations legislative districts may be made by special law. The
might justify departure from the rule. Court also held that the description was sufficient
enough to describe the land.
A third rule is that each city with a population of at
least two hundred fifty thousand, or each province, Montejo v. COMELEC
shall have at least one representative. It should be
noted that for a city to merit one representative it
Synopsis The Province of Leyte has 5
should have a population of at least two hundred fifty
legislative districts. Biliran is part of the thirds district,
thousand. If a city is smaller than the minimum size
before it became a province. After the conversion, the
required, it will simply be represented as a part of one
COMELEC transferred the certain subprovinces from
of the districts within the province. A province,
one district to another. Montejo contended that there
however, is entitled to one representative no matter
was an unequitable distribution of inhabitants. Does
what its population size.
the COMELEC have the constitutional power to
transfer municipalities from one district to another?
The fourth rule is that within three years following the
No. The ComElec only possesses the power to effect
return of every census, the Congress shall make a
minor adjustments according to an ordinance
reapportionment of legislative districts based on the
appended to the 1987 Constitution. There should be
standards provided in this section. The observance of
no change in the allocation per district.
the constitutional mandate regarding apportionment of
representative districts is a justiciable question
Sectoral Representation
cognizable by the courts. Decisions in this tenor were
According to Commisioner Villacorta, “the idea of
promulgated by the Court under the 1935
giving meaningful representation, particularly to the
Constitution.
farmers and the workers, would be our Commission's
humble gesture of extending protection to the
So far, Congress has not reapportioned any
interests of these groups which are not adequately
legislative district following the return of a census.
attended to in normal legislative deliberations.
Although it is the constitutional duty of Congress to
Sectoral representation is a necessity, especially in
ensure proportional representation, it is submitted that
these times when the people are giving the
there is no power which can compel Congress to
democratic process another chance, if not its last
make a reapportionment even when, through the
chance.”
growth and movement of populations, the existing
apportionment has in fact become inequitable. In
Party List
fact, jurisprudence suggests that what the
Constitution abhors is inequality in apportionment if
Veterans Federation Party v. COMELEC
the inequality is created by law and not when it arises
from a change in the population.

Page 13 of 36
Doctrine Congress is vested with the broad power to
define and prescribe the mechanics of the party list That is not all. The majority also ruled that party-list
system. The Constitution implicitly set down only the nominees "must represent marginalized and
percentage of the total membership in the House underrepresented sectors." This means that
reserved for party-list representatives. In imposing a nominees who do not have this ideological quality,
two percent threshold for parties to qualify for (which incidentally is not easily proved or disproved),
representation, Congress wanted to ensure that only they are not qualified to be members of the House of
those parties, organizations, and coalitions having a Representatives as party-list representatives. But this
sufficient number of constituents deserving of is another departure from the constitutional text; this
representation were actually represented in time, however, not by amputation but by grafting. No
Congress. The Court also ruled that the 20% such ideological requirement is found in Section 6 of
prescription of the Constituition was merely a Article VI which enumerates the qualifications of a
maximum limit to the number of party list member of the House of Representatives.
representatives but the maximum need not be filled.
Section 6
Ang Bagong Bayani v. COMELEC No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of
Doctrine The intent of the Constitutional Commission the Philippines and, on the day of the election, is at
and of the party List Law is not to allow all least twenty-five years of age, able to read and write,
associations to participate indiscriminately in the and, except the party-list representatives, a registered
system but to limit participation to parties or voter in the district in which he shall be elected, and a
organizations representing the marginalized and resident thereof for a period of not less than one year
underprivileged. The party list system is a form immediately preceding the day of the election.
sectoral representation meant to promote social
justice. For this purpose, the Court laid down
guidelines for the Comelec to apply in deciding which Party List and Sectoral Representative
organizations qualified. Among the guidelines was the Qualifications
requirement that the parties or organizations must They must be able to read and write and belong to the
represent the marginalized and underrepresented minority which they represent, and since the
sector. The Court said that even political parties must Constitution is silent on the qualifications of sectoral
comply with this requirement. Moreover, the representatives, they are assumed to be the same as
nominees themselves must comply with the those for party list representatives.
qualitative requirement.
Residence Qualification
What is clear from these decisions is that the Court, The residence period qualification must be possessed
speaking through Justice Panganiban, sees the party- on the day of the election. He must not only reside in
list system not as a proportional system of the district where he is elected, he must also be a
representation designed to strengthen democracy but registered voter.
as "sectoral representation" meant to promote social
justice. The deliberations of the Constitutional Gallego v. Verra
Commission were clearly to the contrary. In the
course of the drafting of the provision, Commissioner Doctrine The term “residence” as used in the election
Villacorta proposed that 30% of the seats in the law is synonymous with “domicile” which imports not
House of Representatives be allocated equally only the intentionto reside in a fixed place but also
between sectors and representatives of parties and personal presence in that place coupled with conduct
organizations. The thrust of the proposal was that indicative of such intention. In order to acquire
30% of the party-list seats should be permanently domicile by choice, these must concur:
reserved for marginalized sectors. o residence or bodily presence in the
new locality
When the dissenting opinion of Justice Mendoza o an intention to remain there
pointed to what the Record of the Constitutional indefinitely (animus mamendi)
Commission showed, Panganiban retorted that o an intention to abandon the old
Commission records should be consulted only when domicile voluntarily (animus non revertendi)
the text of the Constitution is not clear. For him, the
text -- in spite of the specific three term and fifty Romualdez-Marcos v. COMELEC
percent limitation -- was clearly not for twenty five only
but for fifty seats, and not for three terms only but Synopsis At issue is the candidacy of The
forever. Effectively, he deleted the phrase "For three Imeldific in Leyte. The Court ruled that Imeldific had
consecutive terms after the ratification of this satisfied the one year residency requirement.
Constitution one-half of the seats . . ." Indeed, after
such amputation, and only after such amputation, the If a person retains his domicile of origin, then the one
text becomes clearly on his side.. year period is irrelevant because by legal fiction,

Page 14 of 36
wherever he may be, he is a resident of his domicile thirtieth day of June next following their election. No
of origin. If a person reestablishes a previously Member of the House of Representatives shall serve
abandoned domicile or wishes to acquire a new one, for more than three consecutive terms. Voluntary
the one year requirement must be satisfied. The Court renunciation of the office for any length of time shall
also held that a widow, upon the death of her spouse, not be considered as an interruption in the continuity
reverts back to her domicile of origin. of his service for the full term for which he was
elected.
Aquino v. COMELEC
Term and Tenure
Synopsis Butz Aquino was not able to satisfy Aside from fixing the three year term of
the requirement that he abandon his domicile in Representatives, there is a three-term limit for
Tarlac when he ran for a Makati Congressional Representatives. The Constitution also places a
district. Even if he had, he had not been in Makati for distinction between one’s term and one’s tenure,
one year preceding the election. In this case, Justice since “voluntary renunciation of the office for any
Padilla’s view was that either domicile or evidence length of time shall not be considered as an
would suffice provided that there is a physical interruption in the continuity of his service ( or tenure)
presence of one year in the district where a candidate for the full term for which he was elected.”
is running is satisfied.
Dimaporo v. Mitra
Domino v. COMELEC
Synopsis Dimaporo filed his candidacy for
Synopsis The petitioner’s domicile of origin Governor of ARMM, and he was excluded from the
was Candon, Ilocos Sur, and in 1991, he acquired a Roll of Members in the House of Representatives as
new domicile of choice in Quezon City, as shown in the House complied with Section 67, Article IX of the
his certificate of candidacy to run as a representative Omnibus Election Code which considered someone
of Quezon City. Then in 1995, he abandoned his old running for an elective office other than President or
domicile of choice and established a new one in Vice-President resigned ipso facto from his office
Saranggani. The Court found that the above facts upon filing of the certificate of candidacy. The law was
were insufficient to establish a new domicile by challenged because Dimaporo claimed that it
choice. Personal presence in a particular place must shortened his term as Congressman, but the Court
be coupled with conduct indicative of that intention. In ruled that it only shortened his tenure but not his term.
order to change a domicile, one must have a bona
fide intention to abandon the other and establish a Section 8
new one through definite acts. The lease contract did Unless otherwise provided by law, the regular election
not show the kind of permanency required to prove of the Senators and the Members of the House of
abandonment of the old domicile. Domino’s old Representatives shall be held on the second Monday
registration as a voter in Quezon City also belied his of May.
claims.
Section 9
Natural-Born Citizens In case of vacancy in the Senate or in the House of
A natural-born citizen, according to the Constitution, Representatives, a special election may be called to
are those citizens who are citizens of the Philippines fill such vacancy in the manner prescribed by law, but
from birth without having to perform any act to acquire the Senator or Member of the House of
or perfect their Philippine citizenship. Those who elect Representatives thus elected shall serve only for the
Philippine citizenship in accordance with paragraph 3, unexpired term.
Section 1 of Article IV are also considered natural-
born citizens (those born before January 17, 1973, of The service of the unexpired term shall count as one
Filipino mothers, who elect Philippine citizenship upon term for purposes of counting the number of allowable
reaching the age of majority). successive terms. The holding of special elections is
not mandatory.
Bengson v. Cruz
Section 10
Doctrine A natural-born citizen who loses his The salaries of Senators and Members of the House
citizenship by naturalization in another country but is of Representatives shall be determined by law. No
later repatriated recovers his status as a natural-born increase in said compensation shall take effect until
citizen and therefore is qualified to become a member after the expiration of the full term of all the Members
of Congress. of the Senate and the House of Representatives
approving such increase.
Section 7
The Members of the House of Representatives shall Any increase in the compensation shall not take effect
be elected for a term of three years which shall begin, until after the expiration of the full term of all the
unless otherwise provided by law, at noon on the Members of the Senate and the House of

Page 15 of 36
Representatives approving such increase. This punishable by more than six months imprisonment,
serves as a legal bar to the legislators yielding to the whether or not Congress is in session.
natural temptation to increase their salaries. It is only
after the expiration of the six year term of the Osmeña v. Pendatun
Senators who approved the increase that the increase
becomes effective. Moreover, the retirement benefits Doctrine The provision that no Member shall be
of a legislator must be based on the salary during his questioned nor be held liable in any other place
term and not on the present salary of a legislator. means that a legislator may still be held liable by
Congress in Congress for offensive speech. The
There is no legal limit to the amount Congress may provision guarantees the legislator complete freedom
appropriate for expenses toward supplies and of expression without fear of being made responsible
personnel. The limit shall be moral, inasmuch as the in criminal actions before the courts or any other
records and books of account shall be open to the forum outside of the Congressional hall, but it does
public in accordance with law and that such books not protect him from responsibility before the
shall be audited by the Commission on Audit. legislative body itself whenever his words and
conduct are considered by the latter disorderly or
Section 11 unbecoming of a member thereof.
A Senator or Member of the House of
Representatives shall, in all offenses punishable by
not more than six years imprisonment, be privileged Section 12
from arrest while the Congress is in session. No All Members of the Senate and the House of
Member shall be questioned nor be held liable in any Representatives shall, upon assumption of office,
other place for any speech or debate in the Congress make a full disclosure of their financial and business
or in any committee thereof. interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the
The privilege from arrest is the same privilege filing of a proposed legislation of which they are
extended to the Parliament of England and to authors.
members of the United States Congress. The
immunity applies to all arrests punishable by not more The first sentence sets down a policy of full disclosure
than six years’ imprisonment, and exists for as long of the financial and business affairs of a legislator.
as Congress is in session, whether or not the The second sentence requires him to put the House
legislator involved is actually attending it. This on notice for any potential conflict of interest. This
immunity is not extended to one who is convicted. does not mean that a legislator may not further his or
her personal interest in his term as a legislator. It
Jimenez v. Cabangbang merely allows the House to examine his arguments
with a sharper eye and in the context of his personal
Synopsis Cabangbang wrote an open letter to interest. The advance disclosure shifts any
the President and caused this to be published in presumption to favor the legislator in cases of conflict
several newspapers. Cabangbang contends that he is of interest.
shielded from suit. The Court noted that the open
letter is not within the scope of privileged Section 13
communication. No Senator or Member of the House of
Representatives may hold any other office or
Antonino v. Valencia employment in the Government, or any subdivision,
agency, or instrumentality thereof, including
Synopsis Valencia issued a libelous press government-owned or controlled corporations or their
release attacking the honor and reputation of the subsidiaries, during his term without forfeiting his
plaintiff. The press release is not qualified privileged seat. Neither shall he be appointed to any office which
communication because he has not shown that he may have been created or the emoluments thereof
published the same with good intentions and increased during the term for which he was elected.
justifiable ends. Furthermore, the statement was not
made in his function as a legislator. The prohibited offices include membership in the
Board of Regents, Board of Trustees, or Board of
People v. Jalosjos Directors in SUC’s. Since the prohibition is only during
his tenure, he may be offered and he may accept an
Doctrine The grant of Congressional immunity does appointment. However, if he does accept, he
not extend to one convicted, much less one convicted automatically forfeits his seat in Congress.
of rape. He cannot claim that he should be freed
because of popular sovereignty and that his Section 14
constituents need to be represented. The Court noted No Senator or Member of the House of
that Members of Congress may be arrested for crimes Representatives may personally appear as counsel
before any court of justice or before the Electoral

Page 16 of 36
Tribunals, or quasi-judicial and other administrative can last for as long as Congress wants. The President
bodies. Neither shall he, directly or indirectly, be is given the power to call for a session and to specify
interested financially in any contract with, or in any the subjects considered, but cannot prohibit any other
franchise or special privilege granted by the subject from being considered. Technically, Congress
Government, or any subdivision, agency, or can stay in session for as long as it wants.
instrumentality thereof, including any government-
owned or controlled corporation, or its subsidiary, Section 16
during his term of office. He shall not intervene in any (1) The Senate shall elect its President and the House
matter before any office of the Government for his of Representatives, its Speaker, by a majority vote of
pecuniary benefit or where he may be called upon to all its respective Members. Each House shall choose
act on account of his office. such other officers as it may deem necessary.

Conflict of Interest (2) A majority of each House shall constitute a


Legislators are prohibited from being directly or quorum to do business, but a smaller number may
indirectly interested financially in any contract with or adjourn from day to day and may compel the
in any franchise or special privilege granted by the attendance of absent Members in such manner, and
Government, or any subdivision, agency, or under such penalties, as such House may provide.
instrumentality thereof, including any government
owned and controlled corporations and its (3) Each House may determine the rules of its
subsidiaries during his term of office. They cannot be proceedings, punish its Members for disorderly
members of boards of corporations that do business behavior, and, with the concurrence of two-thirds of all
with the government. Neither may they intervene in its Members, suspend or expel a Member. A penalty
any manner before any other office of the of suspension, when imposed, shall not exceed sixty
Government where he may be called upon to act days.
upon account of his office. This prohibition is direct
and indirect, and covers pecuniary benefits for (4) Each House shall keep a Journal of its
relatives. proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect
Lawyer Legislators national security; and the yeas and nays on any
question shall, at the request of one-fifth of the
Puyat v. De Guzman Members present, be entered in the Journal. Each
House shall also keep a Record of its proceedings.
Synopsis This involves an Assemblyman who
bought a nominal amount of shares in a corporation (5) Neither House during the sessions of the
which was party to a suit before the SEC. He then Congress shall, without the consent of the other,
proceeded to appear “in intervention” puportedly to adjourn for more than three days, nor to any other
protect his own interest. The Court saw through the place than that in which the two Houses shall be
ruse and said that a ruling upholding the “intervention” sitting.
would make the Constitutional provision preventing
members of Congress from using their office to Political Questions
influence their dealings with courts ineffective. It is
inferred from this decision that a legislator may Avelino v. Cuenco
appear in person before a court if in fact is is a
genuine party in the case. During the Senate session of February 21, 1949
Senate President Avelino walked out of the session
hall followed by nine other senators. This left only
Section 15 twelve senators in the session hall. The Senate
The Congress shall convene once every year on the President pro-tempore took over, and by a resolution
fourth Monday of July for its regular session, unless a approved by the other senators, the position of
different date is fixed by law, and shall continue to be Senate Presdent was declared vacant, and Senator
in session for such number of days as it may Cuenco was declared Acting Senate President. The
determine until thirty days before the opening of its Court refused jurisdiction.
next regular session, exclusive of Saturdays,
Sundays, and legal holidays. The President may call
a special session at any time. Election of Officers

Sessions of Congress Quorum


A regular session lasts for as long as Congress The basis of determining the existence of a quorum
wishes but only until thirty days before the opening of should be the total membership of the body.
its next regular session, exclusive of Saturdays,
Sundays, and legal holidays. However, the President Avelino v. Cuenco
may call Congress to a special session at any time. It

Page 17 of 36
Synopsis During the Senate session of When the House decided not to implement the
February 21, 1949 Senate President Avelino walked suspension, the Court could do nothing.
out of the session hall followed by nine other
senators. This left only twelve senators in the session Journals
hall. The Senate President pro-tempore took over,
and by a resolution approved by the other senators, The duty to keep a journal has two purposes:
the position of Senate Presdent was declared vacant,
and Senator Cuenco was declared Acting Senate • to insure publicity to the proceedings of the
President. By a vote of 6-4, the Court refused to legislature, and a correspondent responsibility of the
assume jurisdiction on the basis of it being a political members to their respective constituents
question of the second type (see later discussion on • to provide proof of what actually transpired in
political questions) the legislature.

Santiago v. Guingona Under the 1935 Constitution, Congress could impose


secrecy at its discretion, the 1973 and 1987
Synopsis Miriam questioned the capacity of Constitutions, exempt from publication only such
those who voted for Fernan to become Senate matters “as may, in each House’s judgment, affect
President to fill the Senate Minority posts. The national security”. It still remains to be seen how the
respondents alleged that the Court had no jurisdiction rule can be enforced and who will enforce it in
because there was no statutory provision guiding the Congress.
filling of Senate posts other than that of the Senate,
whose rules accorded the posts according to party US v. Pons
number. The Court said that “in the absence of
constitutional guidelines or specific rules, it is devoid Synopsis The defendant argued that the
of any basis upon which to determine the legality of statute under which he was being prosecuted was
the acts of the Senate. The Court may not intervine in invalid for having been passed after the last allowable
the internal affairs of Congress because of the day of the legislative session. He claimed that the
respect it has for the separation of powers.” legislature’s clock had been stopped at midnight on
the last day of the session and it was in fact after
Internal Discipline midnight that the statute was passed. The journal said
Each House may determine the rules of its that the statute was passed before midnight. The
proceedings. Therefore it is clear that on matters Court said that to inquire into the veracity of the
affecting only the internal operation of the legislature, journals when they are clear and explicit, would
the legislature’s formulation and implementation of its violate both the letter and the spirit of the organic law.
rules is beyond the reach of the Courts. In these
matters, the jurisdiction conferred to by Article VIII, Enrolled Bill Doctrine
Section I does not apply, unless it affects private Under the enrolled bill doctrine, the signature of the
rights. Speaker of the House and the Senate President, and
the certification of the Secretaries of both Houses of
Osmeña v. Pendatun Congress are conclusive of its due enactment.

Doctrine Disciplinary proceedings were initiated by Casco Phil. Chemical Company v. Gimenez
the House against Sergio Osmeña, Jr. for a speech
delivered on the floor of Congress. Osmeña filed for Synopsis Casco claimed that both urea and
declaratory relief saying that his speech did not formaldehyde were included in the tax exemption
constitute disorderly behavior and that by House given by a law to urea formaldehyde, a fertilizer. To
Rules, he could not be censured because the prove its case, Casco referred to the Congressional
business had transpired before Congress decided to journal. The Court opined that the statement in the
take action. The Court ruled that the House is the final law itself was clear and did not lend itself to
judge of what it construes as disorderly behavior. construction but stopped short of declaring the statute
a mistake. It further opined, “if there has been a
Paredes, Jr. v. Sandiganbayan mistake in the printing of a bill before it was certified
by the Congrress and approved by the Executive, on
Synopsis Congressman Paredes was which we cannot speculate without jeopardizing the
charged with violations of the Anti-Graft law that he principle of separation of powers, the remedy is
allegedly committed while he was still a provincial amendment or curative legislation and not judicial
governor. The Sandiganbayan prescribed a decree.”
mandatory suspension. Paredes asked the Supreme
Court on the basis that only the House can suspend Astorga v. Villegas
him. On the argument that the grounds was not based
on Section 16(3), or the House Rules, the Court
upheld the suspension, with a one page decision.

Page 18 of 36
Doctrine The Senate President and the President of were respondents in the contest filed by the
the Philippines withdrew their signatures upon the opposition party. He therefore wanted his case to be
discovery of the inaccuracies in the bill, the document heard by the three Justices on the Tribunal. The Court
was stripped of the character and probative value of rejected this contention, because it left the Tribunal no
an enrolled bill and had to yield to the version found in alternative but to abandon a duty that no other court
the journal. or body can perform but which it cannot lawfully
discharge if shorn of the participation of its entire
membership of Senators.
Arroyo v. De Venecia
Bondoc v. Pineda
Doctrine The issue is whether or not RA 8420, which
amends portions of the National Internal Revenue Synopsis This involved a blatant attempt of a
Code, which imposes sin taxes on beer and cigarettes political party to manipulate the decision of the
is null and void because it is in violation of the Rules Tribunal by manipulating its membership. On the eve
of the House. What is alleged to have been violated of the promulgation of a decision by the Tribunal
are merely internal Rules of Procedure, not the against the LDP, the LDP expelled Camasura from
Constitutional requirements for the enactment of a the party on the ground of disloyalty. Camasura, the
law. Mere failure to comply with the Rules of LDP member of the Electoral Tribunal, had earlier
Procedure does not invalidate a law. confided that he broke party rank because he
followed his conscience. The Court considered the
Recess
expulsion of Camasura from the Tribunal a clear
Both houses may hold session practically all year impairment of the Tribunal’s prerogative to be the sole
round. They go on compulsory recess thirty days judge of election contests.
before the opening of the next regular session. Each
House may also adjourn for a voluntary recess, but Jurisdiction of the Electoral Tribunals
neither house may adjourn, without the consent of the
other, for more than three days nor to any place other Angara v. Electoral Commission
than that in which the two Houses are sitting. This is
necessary because there are only two houses and
one body. Doctrine The Electoral Commission has jurisdiction
over all election contests regarding qualifications and
Section 17 returns of members of the National Assembly.
The Senate and the House of Representatives shall
each have an Electoral Tribunal which shall be the Vera v. Avelino
sole judge of all contests relating to the election,
returns, and qualifications of their respective Doctrine The Electoral Commission has the power to
Members. Each Electoral Tribunal shall be composed be the “sole judge of all contests.” Election contests
of nine Members, three of whom shall be Justices of relate only to statutory contests in which the
the Supreme Court to be designated by the Chief contestant seeks not only to oust the intruder, but also
Justice, and the remaining six shall be Members of to have himself inducted into office.
the Senate or the House of Representatives, as the
case may be, who shall be chosen on the basis of Where therefore, no defeated candidate challenges
proportional representation from the political parties the credentials of a member in order not only to
and the parties or organizations registered under the dislodge him but also totake his seat, the legislative
party-list system represented therein. The senior body itself, in the exercise of its inherent right of self-
Justice in the Electoral Tribunal shall be its Chairman. preservation, may inquire into the credentials of the
member and judge his qualifications. When a member
Composition of Electoral Tribunals of the legislative body challenges the qualification of
The electoral tribunals are a mixture of members of another, an election contest does not therefore ensue,
the Supreme Court and Congress. The six members because the former does not seek to be substituted
from Congress are selected through proportional for the latter, and hence, it is the legislative body itself
party representation and the three Supreme Court and not the Commission which has jurisdiction over
Justices are selected by the Chief Justice. The the question raised.
Supreme Court justices are supposed to represent
the rights of all other political parties not represented Sanchez v. COMELEC
in the tribunal.
Synopsis The candidate who was trailing in
Abbas v. SET the announced count wanted the COMELEC to
withhold proclamation until a recount could be made
Synopsis Abbas sought to disqualify all six of the votes. The name of another candidate Sanchez
Senator Members of the Electoral Tribunal on the without specification of a given name had been
ground that they, together with all the other Senators, considered an invalid vote. He wanted the ballot

Page 19 of 36
boxes reopened for purposes retrieving the Doctrine Electoral Tribunals are independent of the
invalidated Sanchez votes. The Court laid down that COMELEC. The cases before the HRET are
this was not a pre-proclamation controversy and thus governed by their own rules.
the jurisdiction for this belongs to the Electoral
Tribunals. Garcia v. HRET

Chavez v. HRET Synopsis Petitioners seeking to disqualify


Harry Angping failed to make the cash deposit
Synopsis Chavez was trailing in the required by the rules of the HRET. The petition was
announced count and wanted the COMELEC to dismissed and the Court said that because of the
withhold proclamation until a recount could be made. nature and importance of the charge, the HRET rules
Pre-proclamations are limited to incomplete returns, of procedure must be taken seriously.
returns with material defects, or returns which appear
to be tampered with, falsified, or prepared under Grave Abuse of Discretion
duress, or containing discrepancies in the votes
credited to any candidate the difference of which Robles v. HRET
could affect the results.
Doctrine The Supreme Court still has the authority to
Guerrero v. COMELEC look into the Electoral Tribunal under its jurisdiction
over actions where there may have been a grave
Synopsis The right of Fariñas to sit in the abuse of discretion leading to a lack or excess of
House was challenged on the ground that his jurisdiction..
certificate for candidacy was invalid. The question
here is not about qualification but election over which Lerias v. HRET
the Tribunal has jurisdiction, because what Fariñas
failed to show was just his certificate of candidacy.. Doctrine The Court invalidated a final tally made by
Otherwise, he had all the qualifications as mentioned the HRET without supporting evidence because it
in Section 6. found that the Tribunal acted with a grave abuse of
discretion.
Lazatin v. COMELEC
Arroyo v. HRET
Doctrine When there has been a proclamation and a
defeated candidate claims he is the winner, the Doctrine Rules of Evidence can be made applicable in
Electoral Tribunal has jurisdiction. a suppletory manner to HRET rules in judging the
correct number of botes for each of the two competing
Pimentel v. HRET Congressional candidates

Synopsis The petitioners are assailing the Sandoval v. HRET


composition of the HRET, saying that party list
representatives should have at least one seat in the Doctrine The Court can still review the decision of the
HRET. The Court ruled that the proper venue is the HRET when there is a judicial controversy concerning
House and not the Court. whether or not the decision constituted a grave abuse
of discretion leading to a lack or excess of jurisdiction.
Codilla v. De Venecia

Synopsis The proclamation of Locsin was Section 18


void because it was premature, it having been There shall be a Commission on Appointments
released prior to the resolution of Codilla’s consisting of the President of the Senate, as ex officio
disqualification case. The case is still within the Chairman, twelve Senators, and twelve Members of
COMELEC’s jurisdiction, hence the HRET has no say the House of Representatives, elected by each House
on the matter. on the basis of proportional representation from the
political parties and parties or organizations registered
Independence of the Electoral Tribunals under the party-list system represented therein. The
Although the Tribunals have six legislators on them, chairman of the Commission shall not vote, except in
they are not part of either House of Congress. They case of a tie. The Commission shall act on all
are independent constitutional creations which have appointments submitted to it within thirty session days
power to create their own rules and are not under the of the Congress from their submission. The
supervision or control of Congress. Commission shall rule by a majority vote of all the
Members.
Lazatin v. HRET
Section 19

Page 20 of 36
The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days For the protection of the rights of witnesses, there are
after the Senate and the House of Representatives implicit limitations on the power of legislative
shall have been organized with the election of the investigation. It must be in aid of legislation, it must be
President and the Speaker. The Commission on in accordance with duly established rules of
Appointments shall meet only while the Congress is in procedure, and the rights of persons appearing in
session, at the call of its Chairman or a majority of all such inquiries must be respected.
its Members, to discharge such powers and functions
as are herein conferred upon it. No person may be punished in contempt unless his
testimony is required in a matter into which the
Composition of COA legislature has jurisdiction to inquire.
The Commission on Appointments is composed of
twelve Senators and twelve Representatives and the The phrase, in aid of legislation, contributes nothing
Senate President as ex oficio chair. Its members are towards protecting witnesses. Practically any
according to party proportion. The twelve seats need investigation can be in aid of the broad legislative
not be filled up. power of Congress.

Daza v. Singson It is not necessary that every question propounded to


a witness must be material to or in aid of legislation.
Doctrine The House of Representatives proportionally In other words the materiality of the question must be
apportioned its 12 seats in the Commission on determined by its relation to the subject of the inquiry
appointments among the several political parties. The and not its relation to any proposed legislation.
petitioner Raul Daza was chosen to represent the
LDP. Later, the LDP was reorganized. 24 members The Constitution explicitly recognizes the power of
from the LP resigned from the party and joined the investigation not just of either House, but also of its
LDP, swelling its number and reducing the LP to only committees.
17. The House revised the representation in the
Commission of Appointments, withdrawing the Legislative Investigations
petitioner’s seat. Daza challenged the validity of his
removal. He said his seat was permanent and the Negros Oriental II Electric Cooperative v.
LDP was not a duly registered political party and has Sangguniang Panglungsod
not yet attained stability. The Court held that the
House has the authority to change its representation Synopsis The Sangguniang Panglungsod
in the COA to reflect any changes that may transpire subpoenaed NORECO for inquiry as to the alleged
in political alignments. It is understood that such installation of inefficient power lines. The SP held
changes must be permanenet and do not include NORECO in contempt. The Court ruled that such an
temporary alliances not involving severance of inquiry is beyond the jurisdicition of the SP.
political loyalties or formal disapplication.
Bengzon, Jr. v. Senate Blue Ribbon Committee
Coseteng v. Mitra
Synopsis Kokoy Romualdez transferred some
Synopsis Coseteng was the only member of properties to the Lopez Group of Companies and the
Congress from the political party KAIBA. The Court Senate Blue Ribbon Committee decided, purportedly
ruled that she was not entitled to a seat in the in aid of legislation to investigate the transaction. The
Commission on Appointkments. To be entitled, a petitioners are also charged with a criminal case in
party must have 17 members in the house or 8.4% of the Sandiganbayan. When they were asked to appear
the total membership. Disregard the fractions. before the Senate, they asked for a TRO because
appearing before the Senate would prejudice their
Section 20 case before the Sandiganbayan, thus violating due
The records and books of accounts of the Congress process.
shall be preserved and be open to the public in
accordance with law, and such books shall be audited The Court ruled that the investigation was not in aid of
by the Commission on Audit which shall publish legislation because the speech of Senator Enrile
annually an itemized list of amounts paid to and contained no suggestion of contemplated legislation
expenses incurred for each Member. but merely pointed to the need to determine wheteher
the relatives of President Aquino, particularly Ricardo
Section 21 Lopa, had violated the law.
The Senate or the House of Representatives or any of
its respective committees may conduct inquiries in aid Section 22
of legislation in accordance with its duly published The heads of departments may, upon their own
rules of procedure. The rights of persons appearing initiative, with the consent of the President, or upon
in, or affected by, such inquiries shall be respected. the request of either House, as the rules of each

Page 21 of 36
House shall provide, appear before and be heard by make war even in the absence of a declaration of war.
such House on any matter pertaining to their This is because the actual power to make war resides
departments. Written questions shall be submitted to in the Executive. What the Constitution provides is for
the President of the Senate or the Speaker of the the legislature to have the power to declare the
House of Representatives at least three days before existence of a state of war and to enact all measures
their scheduled appearance. Interpellations shall not to support the war.
be limited to written questions, but may cover matters
related thereto. When the security of the State or the Section 24
public interest so requires and the President so states All appropriation, revenue or tariff bills, bills
in writing, the appearance shall be conducted in authorizing increase of the public debt, bills of local
executive session. application, and private bills, shall originate
exclusively in the House of Representatives, but the
Section 21 deals with the inherent power of legislative Senate may propose or concur with amendments.
investigation in aid of legislation for which Congress
or its committees are authorized to summon Originating Clause
witnesses. Because of separation of powers, Laws with the following subjects MUST come from the
however, and the peculiar position which heads of Lower House alone:
departments hold in relation to the President, the • Bills of Appropriation – one whose purpose
relationship of Congress to the official family of the is to set aside a sum of money for public use. Only
President is also delicate. Section 22 deals with this appropriation bills in the strict sense of the word are
delicate relationship. included.
• Revenue or Tariff Bills – these are strictly for
The provision rejects the original proposal patterned the raising of revenues. Bills for other purposes which
after the 1973 version and reflects instead its 1935 incidentally create revenues are not included.
counterpart. The tenor is permissive. The President • Bills increasing the public debt – this is
may or may not consent to the appearance of meant as a safeguard against the rampant borrowing
department heads; and even if he does, he may of foreign debt during the Marcos era
require that the appearance be in executive session. • Bills of Local Application – these refer to
Reciprocally, Congress may refuse the initiative taken those whose reach is limited, like those creating a
by the department secretary. town, municipality, or city.
• Private Bills – those which affect private
Hence, although the task of legislation demands persons, such as Ronnie Nathanielsz and Michael
adequate information and although the Bill of Rights Keon
guarantees the right of the people to information on
matters of public concern, the dynamics of legislative- Tolentino v. Secretary of Finance
executive relations would dictate that Congress find
ways of obtaining information from department heads
Doctrine: The exclusivity of the prerogative of the
other than by compulsion. On the other hand,
House means simply that the House alone can initiate
department heads should be aware that information
the passage of a revenue bill, such that if the House
vital to legislation legitimately requested by Congress
does not initate one, no revenue law will be passed.
should not, for the welfare of the nation, be withheld.
But, once the House has passed a revenue bill and
The provision does not prevent the subpoena of
passed it on to the Senate, the Senate can overhaul
Department Undersecretaries.
the bill. It does not matter that the Senate already
anticipated a bill from the House and prepared one to
take the place of whatever the House might send. The
Section 23
Court rejected the idea that the Senate is bound to
(1) The Congress, by a vote of two-thirds of both
retain the essence of what the House approved.
Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of
Section 25
a state of war.
(1) The Congress may not increase the appropriations
recommended by the President for the operation of
(2) In times of war or other national emergency, the
the Government as specified in the budget. The form,
Congress may, by law, authorize the President, for a
content, and manner of preparation of the budget
limited period and subject to such restrictions as it
shall be prescribed by law.
may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless
(2) No provision or enactment shall be embraced in
sooner withdrawn by resolution of the Congress, such
the general appropriations bill unless it relates
powers shall cease upon the next adjournment
specifically to some particular appropriation therein.
thereof.
Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates.
War is defined as armed hostilities between two
states. The executive power, when necessary, may

Page 22 of 36
(3) The procedure in approving appropriations for the available, the special appropriation bill must provide a
Congress shall strictly follow the procedure for corresponding revenue proposal.
approving appropriations for other departments and • Congress has limited discretion to authorize
agencies. transfer of funds
• Discretionary funds appropriated for
(4) A special appropriations bill shall specify the particular officials shall be dusbursed only for public
purpose for which it is intended, and shall be purposes to be supported by appropriate vouchers
supported by funds actually available as certified by and subject to such guidelines as may be prescribed
the National Treasurer, or to be raised by a by law
corresponding revenue proposal therein. • Congress cannot cripple the operation of
government by refusing to pass a new appropriations
(5) No law shall be passed authorizing any transfer of bill. If no general appropriations bill is passed, the last
appropriations; however, the President, the President year’s appropriation carries over until a new one is
of the Senate, the Speaker of the House of passed.
Representatives, the Chief Justice of the Supreme • The expenditure of public funds can never
Court, and the heads of Constitutional Commissions be for religious purposes.
may, by law, be authorized to augment any item in the • The general appropriation law must be
general appropriations law for their respective offices based on the budget prepared by the President.
from savings in other items of their respective
appropriations. Riders
Provisions unrelated to the appropriation
(6) Discretionary funds appropriated for particular
officials shall be disbursed only for public purposes to Garcia v. Mata
be supported by appropriate vouchers and subject to
such guidelines as may be prescribed by law.
Synopsis RA 1600 which provided for the
specific appropriation of the AFP contained a rider, a
(7) If, by the end of any fiscal year, the Congress shall
provision not relevant to the act itself. The provision
have failed to pass the general appropriations bill for
dealt with the security of tenure of a reserve officer
the ensuing fiscal year, the general appropriations law
from reversion to inactive service. The provision in RA
for the preceding fiscal year shall be deemed re-
1600 is unconstitutional. It is invalid and inoperative.
enacted and shall remain in force and effect until the
general appropriations bill is passed by the Congress. Transfer of Funds
The rule on the transfer of funds says that only the
Limits on Appropriative Power
President, the Senate President, the House Speaker,
The provision that law shall only be paid out of the
the Chief Justice, and the heads of the constitutional
treasury if there is a law is a prohibition on the
commissions, may, by law, be authorized to augment
disbursing power of the executive. This does not
any item in the general appropriations law for their
mean that the legislative has no restrictions on their
respective offices from savings in other items of their
power to appropriate funds. There are explicit
respective appropriations. This list is exclusive.
restrictions to the power of Congress to appropriate
funds, to wit:
Public Purpose
• All appropriation, revenue, or tariff bills, bills
authorizing increase of the public debt, bills of local Pascual v. Secretary of Public Works
application, and private bills shall originate exclusively
in the House of Representatives, but the Senate may
concur with amendments. Synopsis At issue was the appropriation of
PhP 85,000 for the appropriation of a projected feeder
• The Congress may not increase the
road which ran through a private subdivision and over
appropriations recommended by the President for the
private property. The Court incalidated the
operation of the Government as specified in the
appropriation saying that inasmuch as the land on
budget
which the projected roads were to be constructed
• Congress may not clutter the general
belonged to a private individual, the result is that the
appropriation law with provisions not specifically
appropriation sought a private purpose. The
related to some particular item of appropriation, and
subsequent donation of the feeder road is
every such provision shall be limited in its operation to
inconsequential, since the validity of a statute
the appropriation item to which it relates.
depends upon the powers of Congress at the time of
• Congress may not adopt a procedure for its passage or approval, not upon events occurring, or
approving appropriations for itself different from the acts performed, subsequently thereto.
procedure for other appropriations.
• Special appropriations bills must specify the Demetria v. Alba
purpose for which they are intended and must be
supported by funds certified as available by the
National Treasurer. If the funds are not actually

Page 23 of 36
Synopsis The constitutionality of the Budget Reading on Separate Days
Reform Decree of 1977 was being challenged on the
ground that it infringes upon the fundamental law by Tolentino v. Secretary of Finance
authorizing the illegal transfer of public money. The
provision is unconstitutional because it violates the There was no dispute that the VAT law had gone
Constitutional provisions on appropriations. through the second and third readings on the same
day.The President’s certification effects a
dispensation from all the procedural requirements.
Section 26
(1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title Section 27
thereof. (1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he
(2) No bill passed by either House shall become a law approves the same he shall sign it; otherwise, he shall
unless it has passed three readings on separate days, veto it and return the same with his objections to the
and printed copies thereof in its final form have been House where it originated, which shall enter the
distributed to its Members three days before its objections at large in its Journal and proceed to
passage, except when the President certifies to the reconsider it. If, after such reconsideration, two-thirds
necessity of its immediate enactment to meet a public of all the Members of such House shall agree to pass
calamity or emergency. Upon the last reading of a bill, the bill, it shall be sent, together with the objections, to
no amendment thereto shall be allowed, and the vote the other House by which it shall likewise be
thereon shall be taken immediately thereafter, and the reconsidered, and if approved by two-thirds of all the
yeas and nays entered in the Journal. Members of that House, it shall become a law. In all
such cases, the votes of each House shall be
Subject and Title of Bills determined by yeas or nays, and the names of the
The requirement that every bill shall embrace only Members voting for or against shall be entered in its
one subject which shall be expressed in the title Journal. The President shall communicate his veto of
thereof is both directory and mandatory and any bill to the House where it originated within thirty
compliance with this requirement is essential to the days after the date of receipt thereof, otherwise, it
validity of legislation. shall become a law as if he had signed it.

Tio v. Videogram Regulatory Board (2) The President shall have the power to veto any
particular item or items in an appropriation, revenue,
Synopsis: Tio claimed that the tax on 30% of gross or tariff bill, but the veto shall not affect the item or
receipts payable to local governments was a rider. items to which he does not object.
The Court held that the title was sufficiently broad to
cover a regulatory tax provision included in the act.
Passage of Bills
Philippine Judges Association v. Prado Two steps are required before a bill finally becomes a
law. First, it must be approved by both Houses of
Synopsis: The case at bar dealt with the franking Congress. The votes of the members of Congress
privileges of judicial mail. The title was found to be may be obtained viva voce. However, there are
sufficiently broad to cover the removal of the franking instances when a roll call vote is required and
privileges of the judiciary, but the Court found other individual members must vote with a yea or nay. Such
reasons to restore franking privileges. roll call vote iss required upon the last and third
readings of a bill, at the request of one-fifth members
Tan v. Del Rosario present and re-passing a bill vetoed by the President.

Synopsis: Simplified Net Income Tax scheme for If unchallenged, a bill not acted upon within thirty days
professionals engaged in the practice of their of the President’s receipt becomes law.
profession. The requirements of the one-subject one-
title rule has been sufficiently met. The title of a law is Conference Committees
not an index of its contents.
Tolentino v. Secretary of Finance
Tobias v. Abalos
Doctrine In the United States, conference committees
Synopsis: The Court ruled that the title of the law could be held in executive session and amendments
creating the city of Mandaluyong was sufficient germane to the purpose of the law may be introduced
enough to cover the creation of another even if these were not in either original bill. The
Congressional district. Constitutional safeguards against last minute
provisions have been disregarded by the Supreme
Court in the Tolentino ruling.

Page 24 of 36
Synopsis The President did not veto a
Arroyo v. De Venecia provision for the compensation and separation
benefits of CAFGU’s but instead said that the
Synopsis The issue is whether or not RA implementation of the provision would be subject to
8420, which amends portions of the National Internal the peace and order situation of the affected localities.
Revenue Code, which imposes sin taxes on beer and The Court said that the provision was in effect
cigarettes is null and void because it is in violation of deactivated CAFGUs and the President had no
the Rules of the House. What is alleged to have been choice but to implement the law.
violated are merely internal Rules of Procedure, not
the Constitutional requirements for the enactment of a
law. Mere failure to comply with the Rules of Section 28
Procedure does not invalidate a law. (1) The rule of taxation shall be uniform and equitable.
The Congress shall evolve a progressive system of
Item Veto Power taxation.

CIR v. CTA (Caterer’s Tax) (2) The Congress may, by law, authorize the
President to fix within specified limits, and subject to
Synopsis The President vetoed a portion of such limitations and restrictions as it may impose,
Section 42 of RA 6110 referring to 20% of the tariff rates, import and export quotas, tonnage and
caterer’s tax on restaurants operated by hotels, wharfage dues, and other duties or imposts within the
motels, and rest houses. The Court upheld the veto framework of the national development program of
because an “item” in a revenue bill does not refer to the Government.
an entire section imposing a particular kind of tax, but
refer to the subject ot the tax and the tax rate. (3) Charitable institutions, churches and personages
or convents appurtenant thereto, mosques, non-profit
Bengzon v. Drilon cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used
for religious, charitable, or educational purposes shall
Synopsis The law appropriated 500 million
be exempt from taxation.
pesos for the general fund adjustment “for operational
and special requirements as indicated hereunder” and
(4) No law granting any tax exemption shall be
one of the authorized uses of the fund was for the
passed without the concurrence of a majority of all the
adjustment of pension of justices as provided for in an
Members of the Congress.
earlier law. The President vetoed the use of the fund.
In declaring the veto invalid, the Court said it was not
the veto of an item. The item was the entire 500
Uniformity of Taxation
million smackers.
Tan v. Del Rosario
Doctrine of Inappropriate Provisions

Gonzales v. Macaraig Doctrine The uniformity of taxation, like its kindred


concept of equal protection, merely requires that all
subjects/objects of taxation, similarly situated, are to
Doctrine The doctrine says that a provision that is
be treated equally. Uniformity does not prohibit
constitutionally inappropriate for an appropriation bill
classification as long as:
may be singled out for veto even if it is not an
appropriation or revenue item.
(a) the standards used are substantial
and not arbitrary
Philconsa v. Enriquez
(b) the categorization is germane to
achieve the legislative purpose
Synopsis The Court invalidated a veto of a (c) the law applies to both present and
restriction on the use of funds for road maintenance future conditions, and
and a restriction on the use of funds for the puchase (d) the classification applies equally
of medicines since the veto did not include the veto of well to all those belonging to the same class.
the appropriated funds themselves. An item which
can be subject of a separate veto must be a distinct or Delegability
severable part of a bill.
Garcia v. Executive Secretary
Impoundment
Synopsis There was an Executive Order
Philconsa v. Enriquez
imposing an additional 5% ad valorem tax to all
articles imported to the Philippines. The rule that
revenue bills must originate from the House of

Page 25 of 36
Representatives under the Originating Clause does Osmeña v, Orbos
not prevent Congress from exercising this delegable
authority even if it involves the authority to create Synopsis The question is whether or not the
revenue measures. money that went into the OPSF was tax money levied
for a special purpose. As set up by the law it was a
Tax Exemptions “trust fund” which derived funding from the following
Corollary to the power to tax is the power to exempt sources:
from taxation. This is another limit on the power to
tax. The provision provides that charitable institutions, 1. from increase in the tax collection
churches and personages or convents appurtenant as a result of lifting tax exemptions from government
thereto, mosques, non-profit cemeteries, and all corporations
lands, buildings, and improvements, actually, directly, 2. from any increase in tax collection
and exclusively used for religious, charitable, or from ad valorem taxes on oil products
educational purposes shall be exempt from taxation. 3. from peso savings from the
fluctuation of the peso against currencies used for the
Section 29 importation of crude oil or petroleum products
(1) No money shall be paid out of the Treasury except
in pursuance of an appropriation made by law. While the funds may be referred to as taxes, they are
exacted in the exercise of the police powers of the
(2) No public money or property shall be appropriated, state. The OPSF is a special fund.
applied, paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect, church, Section 30
denomination, sectarian institution, or system of No law shall be passed increasing the appellate
religion, or of any priest, preacher, minister, other jurisdiction of the Supreme Court as provided in this
religious teacher, or dignitary as such, except when Constitution without its advice and concurrence.
such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal Fabian v. Desierto
institution, or government orphanage or leprosarium.
Fabian claims that according to Section 27 of RA
(3) All money collected on any tax levied for a special 6770, appeals to decisions of the Ombudsman go
purpose shall be treated as a special fund and paid directly to the Supreme Court. Agustin says that the
out for such purpose only. If the purpose for which a bar on administrative case appeal based on the
special fund was created has been fulfilled or Ombudsman’s rules on procedure must be binding.
abandoned, the balance, if any, shall be transferred to Even though no party raised the issue, the SC
the general funds of the Government. ordered the parties to look into the constitutionality of
Section 27 of RA 6770 as it increased the appellate
Expenditure of Public Funds jurisdiction of the Supreme Court without its consent.
Congress is the guardian of the public treasury. The
power of the purse comprehends both the power to Section 31
generate money for the government by taxation and No law granting a title of royalty or nobility shall be
the power to spend it. Congress alone can authorize enacted.
the expenditure of public funds with its power of
appropriation. Section 32
The Congress shall, as early as possible, provide for
Public money cannot be paid to a religious person if a system of initiative and referendum, and the
they are paid as religious persons, and not if they are exceptions therefrom, whereby the people can directly
fulfilling another capacity. propose and enact laws or approve or reject any act
or law or part thereof passed by the Congress or local
Guingona v. Carague legislative body after the registration of a petition
therefor signed by at least ten per centum of the total
Synopsis The case is about the number of registered voters, of which every legislative
constitutionality of the automatic appropriation for district must be represented by at least three per
debt service. The Court found that the Origination centum of the registered voters thereof.
Clause only referred to bills still to be passed by
Congress and that the questioned laws were The current implementing law is RA 6735 which
complete in their essential terms and the sufficient provides that to exercise the power of referendum, at
standards are indicated therein. After Congress least 10 percent of the registered voters, with at least
makes the appropriation, it is the Executive that 3 percent of all the voters per legislative district, shall
actually spends the fund. sign a petition for the purpose and register the same
petition with the COMELEC. It should provide the
Special Fund context or text of the proposed law, the proposition,
the reason or reasons therefore, that it is not an

Page 26 of 36
exception as provided, the signatures of the voters, Immunity from Suit
and an abstract of less than 100 words printed on top There is no provision clothing the President with
of every page of the petition. immunity from suit during his tenure. This immunity
only refers to suits that may arise out of the
Within 30 days from receipt of the petition, the performance of his duties. The President may be
COMELEC shall publish the petition in both English charged with criminal acts during his tenure (Estrada
and Filipino at least twice in newspapers of general v. Desierto) and with civil suits not arising from the
circulation and set the date of the election between exercise of his duties after his tenure (Clinton v.
forty five and ninety days from the determination by Jones).
the COMELEC of the sufficiency of the petition. The
COMELEC shall set a special registration day three Soliven v. Makasiar
weeks before the election.
Doctrine The rationale for the grant of presidential
If approved by a majority of the votes cast, the law immunity is to assure the exercise of his duties free
becomes effective fifteen days following the from hindrance or distraction. This privilege pertains
completion of publication of the proposition and only to the President. There is also nothing in our
certification by the Commission in the Official Gazette laws that prevents the President from waiving that
or in a newspaper of general circulation in the right and submitting himself to the Court’s jurisdiction.
Philippines. A national or local initiative proposition
approved by a majority of the votes cast becomes Clinton v. Jones
effective fifteen days after its proclamation by the
Constitution. Synopsis The trial on the merits was
postponed until after the tenure of Clinton, as this was
The one subject one title rule still applies to these a civil suit for damages.
laws. Statutes involving emergency measures cannot
be subject to referendum until ninety days after Estrada v. Desierto
effectivity.
Doctrine The non-termination of the impeachment of a
Article VII
President whose tenure has ended should not serve
The Executive Department
as a bar for prosecution. The decision implies that a
sitting President does not have any immunity from suit
Section 1
for non-official acts or for wrongdoing.
The executive power shall be vested in the President
of the Philippines.
Section 2
Executive Power
No person may be elected President unless he is a
The conviction that permeated the 1986 ConCom was
natural-born citizen of the Philippines, a registered
that Marcos had taxed the executive power beyond its
voter, able to read and write, at least forty years of
allowable limits. However, the power that emerges
age on the day of the election, and a resident of the
from this text is still potent because the primary
Philippines for at least ten years immediately
source of presidential power, the national vote, still
preceding such election.
exists.
One must be a registered voter, able to read and
Marcos v. Manglapus
write, at least forty years old on the day of the
election, and a resident of the Philippines for at least
Synopsis The existence of “residual powers” ten years immediately preceding the election. It is
not specified in the Constitution allowed President enough that the candidate is domiciled anywhere in
Aquino to prevent Marcos from returning home. the Philippines.
Executive power is more than the sum of specific
powers so enumerated. Whatever power not lodged Section 3
in the legislative or the judiciary is executive. There shall be a Vice-President who shall have the
same qualifications and term of office and be elected
According to Fr. Bernas, the doctrine enunciated in with, and in the same manner, as the President. He
these two resolutions will be regretted when another may be removed from office in the same manner as
Marcos emerges as President. the President.
Ceremonial Functions The Vice-President may be appointed as a Member of
The long catalogue of public duties that the Queen the Cabinet. Such appointment requires no
discharges in England, the President of the Republic confirmation.
of France, and the Governor General of Canada are
the President’s responsibilities in this country. The Vice President is a President in reserve. Attempts
to give him another constitutional function failed

Page 27 of 36
because it was seen as either encroaching on the and qualifications of the President or Vice-President,
indpendence of the Senate (as Senate President in and may promulgate its rules for the purpose.
the United States) or below his office. Unless he is
appointed as a member of the Cabinet or is given The fixing of the exact time and date for the start and
some other executive funvtion, he has no other end of the term excludes the right to hold over in case
function than to be prepared to assume the there is a vacancy in the next Presidency. On June
th
Presidency in case a vacancy in the office arises. He 30 , 2004 either a newly elected President takes over
must have the same qualifications as President. He (since Gloria said she’s not running, I have to take her
may also be removed from office in the same manner word for it) or Section 7 becomes operative.
as the President.
A President is limited to only one term, the Vice
In deference to his office, any appointment given to President may not serve for more than two
him need not pass through the Commission on consecutive terms. A voluntary renunciation of the
Appointments. office for any length of time shall not be considered as
an interruption in the continuity of the Vice President’s
Section 4 service. Moreover, if the Vice President succeeds the
The President and the Vice-President shall be elected President and serves for less than four years, she
by direct vote of the people for a term of six years may run for President as it would not constitute a re-
which shall begin at noon on the thirtieth day of June election.
next following the day of the election and shall end at
noon of the same date, six years thereafter. The Congress merely acts as a national board of
President shall not be eligible for any re-election. No canvassers charged with the ministerial and executive
person who has succeeded as President and has duty to make the declaration on the basis of the duly
served as such for more than four years shall be certified election returns. This duty does not impose
qualified for election to the same office at any time. on Congress the power to determine whether or not
the returns were irregularly made or tampered with.
No Vice-President shall serve for more than two The extent to which Congress as a canvassing body
successive terms. Voluntary renunciation of the office may determine authenticity and due execution must
for any length of time shall not be considered as an only be in the manner provided by law.
interruption in the continuity of the service for the full
term for which he was elected. A tie in the count is broken by a vote of majority of all
the members of both Houses of Congress, voting
Unless otherwise provided by law, the regular election separately.
for President and Vice-President shall be held on the
second Monday of May. The Supreme Court is the sole Electoral Tribunal for
electoral contests involving the President and Vice
The returns of every election for President and Vice- President.
President, duly certified by the board of canvassers of
each province or city, shall be transmitted to the Section 5
Congress, directed to the President of the Senate. Before they enter on the execution of their office, the
Upon receipt of the certificates of canvass, the President, the Vice-President, or the Acting President
President of the Senate shall, not later than thirty shall take the following oath or affirmation:
days after the day of the election, open all the
certificates in the presence of the Senate and the "I do solemnly swear [or affirm] that I will faithfully and
House of Representatives in joint public session, and conscientiously fulfill my duties as President [or Vice-
the Congress, upon determination of the authenticity President or Acting President] of the Philippines,
and due execution thereof in the manner provided by preserve and defend its Constitution, execute its laws,
law, canvass the votes. do justice to every man, and consecrate myself to the
service of the Nation. So help me God." [In case of
The person having the highest number of votes shall affirmation, last sentence will be omitted].
be proclaimed elected, but in case two or more shall
have an equal and highest number of votes, one of Section 6
them shall forthwith be chosen by the vote of a The President shall have an official residence. The
majority of all the Members of both Houses of the salaries of the President and Vice-President shall be
Congress, voting separately. determined by law and shall not be decreased during
their tenure. No increase in said compensation shall
The Congress shall promulgate its rules for the take effect until after the expiration of the term of the
canvassing of the certificates. incumbent during which such increase was approved.
They shall not receive during their tenure any other
The Supreme Court, sitting en banc, shall be the sole emolument from the Government or any other source.
judge of all contests relating to the election, returns,
Section 7

Page 28 of 36
The President-elect and the Vice President-elect shall opinion, there was one dissent, and two abstained.
assume office at the beginning of their terms. There is no clear doctrine from this case.

If the President-elect fails to qualify, the Vice


President-elect shall act as President until the Section 9
President-elect shall have qualified. Whenever there is a vacancy in the Office of the Vice-
President during the term for which he was elected,
If a President shall not have been chosen, the Vice the President shall nominate a Vice-President from
President-elect shall act as President until a President among the Members of the Senate and the House of
shall have been chosen and qualified. Representatives who shall assume office upon
confirmation by a majority vote of all the Members of
If at the beginning of the term of the President, the both Houses of the Congress, voting separately.
President-elect shall have died or shall have become
permanently disabled, the Vice President-elect shall Also known in my contemporary history as the
become President. Guingona rule, him being the first person to assume
the Vice-Presidency in this manner.
Where no President and Vice-President shall have
been chosen or shall have qualified, or where both Section 10
shall have died or become permanently disabled, the The Congress shall, at ten o'clock in the morning of
President of the Senate or, in case of his inability, the the third day after the vacancy in the offices of the
Speaker of the House of Representatives, shall act as President and Vice-President occurs, convene in
President until a President or a Vice-President shall accordance with its rules without need of a call and
have been chosen and qualified. within seven days, enact a law calling for a special
election to elect a President and a Vice-President to
The Congress shall, by law, provide for the manner in be held not earlier than forty-five days nor later than
which one who is to act as President shall be selected sixty days from the time of such call. The bill calling
until a President or a Vice-President shall have such special election shall be deemed certified under
qualified, in case of death, permanent disability, or paragraph 2, Section 26, Article V1 of this
inability of the officials mentioned in the next Constitution and shall become law upon its approval
preceding paragraph. on third reading by the Congress. Appropriations for
the special election shall be charged against any
Section 8 current appropriations and shall be exempt from the
In case of death, permanent disability, removal from requirements of paragraph 4, Section 25, Article V1 of
office, or resignation of the President, the Vice- this Constitution. The convening of the Congress
President shall become the President to serve the cannot be suspended nor the special election
unexpired term. In case of death, permanent postponed. No special election shall be called if the
disability, removal from office, or resignation of both vacancy occurs within eighteen months before the
the President and Vice-President, the President of the date of the next presidential election.
Senate or, in case of his inability, the Speaker of the
House of Representatives, shall then act as President Subject to Section 8.
until the President or Vice-President shall have been
elected and qualified. Section 11
Whenever the President transmits to the President of
The Congress shall, by law, provide who shall serve the Senate and the Speaker of the House of
as President in case of death, permanent disability, or Representatives his written declaration that he is
resignation of the Acting President. He shall serve unable to discharge the powers and duties of his
until the President or the Vice-President shall have office, and until he transmits to them a written
been elected and qualified, and be subject to the declaration to the contrary, such powers and duties
same restrictions of powers and disqualifications as shall be discharged by the Vice-President as Acting
the Acting President. President.

There are two sets of rules for determining who is Whenever a majority of all the Members of the
President in case of a vacancy. The first set of rules Cabinet transmit to the President of the Senate and to
(Sec. 7) applies to when the vacancy occurs at the the Speaker of the House of Representatives their
start of the term, and the second set (Sec. 8) applies written declaration that the President is unable to
to when the vacancy occurs in the middle of the term. discharge the powers and duties of his office, the
Vice-President shall immediately assume the powers
Estrada v. Arroyo and duties of the office as Acting President.
Three justices accepted some form of resignation, two
justices saw permanent disability, three justices Thereafter, when the President transmits to the
accepted the Arroyo presidency as an irreversible President of the Senate and to the Speaker of the
fact. Five justices signed the decision without any House of Representatives his written declaration that

Page 29 of 36
no inability exists, he shall reassume the powers and subsidiaries. They shall strictly avoid conflict of
duties of his office. Meanwhile, should a majority of all interest in the conduct of their office.
the Members of the Cabinet transmit within five days
to the President of the Senate and to the Speaker of The spouse and relatives by consanguinity or affinity
the House of Representatives, their written within the fourth civil degree of the President shall not,
declaration that the President is unable to discharge during his tenure, be appointed as Members of the
the powers and duties of his office, the Congress shall Constitutional Commissions, or the Office of the
decide the issue. For that purpose, the Congress shall Ombudsman, or as Secretaries, Undersecretaries,
convene, if it is not in session, within forty-eight hours, chairmen or heads of bureaus or offices, including
in accordance with its rules and without need of call. government-owned or controlled corporations and
their subsidiaries.
If the Congress, within ten days after receipt of the
last written declaration, or, if not in session, within Prohibitions
twelve days after it is required to assemble, The President, the Vice President, the members of
determines by a two-thirds vote of both Houses, the Cabinet, or their deputies or assistants are
voting separately, that the President is unable to forbidden by the Constitution from holding any other
discharge the powers and duties of his office, the office or employment during their tenure, with the
Vice-President shall act as President; otherwise, the exception of the Vice President who can serve as a
President shall continue exercising the powers and member of the Cabinet.
duties of his office.
Civil Liberties Union v. Executive Secretary
Estrada v. Arroyo
Synopsis The CLU assailed EO 284 which
Estrada made a statement of inability and gave this to allowed the Cabinet to hold more than two positions in
the Senate and House of Representatives. Unaware the government and GOCC’s. The Court ruled that
of the letter Arroyo took her oath as President, both this Order went contrary to Section 13.
Houses declared their support for Arroyo, the Senate
declared the impeachment functus oficio, and Except for the Vice President, who may be appointed
Guingona was nominated and sworn in as the new to the Cabinet, and the Secretary of Justice, who by
Vice President.. The Court declared that this was not ex officio membership is a member of the Judicial and
a case of temporary disability because in light of all Bar Council, the officials enumerated in Section 13
that had happened, Estrada’s inability was no longer may not hold any other office, public or private. They
temporary. Because Congress already passed on the may be given additional functions which are intimately
subject of Estrada’s inability to govern, it became a related to their office.
political question of the second type as enumerated in
Baker v. Carr. Rafael v. Embroidery and Apparel Control Board

Section 12 Doctrine We do not think that, because additional


In case of serious illness of the President, the public duties germane to the offices already held by them
shall be informed of the state of his health. The were devolved upon them by the Act, it was
members of the Cabinet in charge of national security necessary that they should again be appointed by the
and foreign relations and the Chief of Staff of the President. It cannot be doubted that Congress may
Armed Forces of the Philippines, shall not be denied increase the power and duties of an existing office
access to the President during such illness. without thereby rendering it necessary that the
incumbent should again be nominated and appointed.
This section refers to a serious illness that is not
incapacitating. This guarantees the people’s right to Erap and the PACC
know about the President’s health, contrary to Since the appointment of Erap to the PACC, which is
secretive practice in totalitarian governments. not a Cabinet rank office, was not challenged, this
assumes that the prohibition on other offices is meant
Section 13 to prevent the enhancement of the powers of one who
The President, Vice-President, the Members of the is already powerful or the distraction of one who is
Cabinet, and their deputies or assistants shall not, already too busy with his duties. The Vice President,
unless otherwise provided in this Constitution, hold by the nature of his job, is neither powerful nor busy.
any other office or employment during their tenure.
They shall not, during said tenure, directly or The provision on relatives up to the fourth civil degree
indirectly, practice any other profession, participate in to the positions of Members of the Constitutional
any business, or be financially interested in any Commiussions, the Office of the Ombudsman, or as
contract with, or in any franchise, or special privilege Secretaries, Undersecretaries, chairmen or heads of
granted by the Government or any subdivision, bureaus or offices, including GOCC’s and their
agency, or instrumentality thereof, including subsidiaries only applies to new appointments.
government-owned or controlled corporations or their

Page 30 of 36
Section 14 Secretary” cannot be read as requiring the President
Appointments extended by an Acting President shall to seek the recommendation of the Secretary of
remain effective, unless revoked by the elected Justice. The power to appoint is given to the
President, within ninety days from his assumption or President. The Secretary of Justice is under the
reassumption of office. control of the President. The law must be read as
simply allowing the Secretary of Justice to advise the
Section 15 President.
Two months immediately before the next presidential
elections and up to the end of his term, a President or This should not be confused with the authority of the
Acting President shall not make appointments, except legislature to impose additional duties on existing
temporary appointments to executive positions when offices. See Rafael v. Embroidery and Apparel
continued vacancies therein will prejudice public Control Board.
service or endanger public safety.
Ad Interim Appointments
The prohibition here also applies to appointments to The second paragraph of this provision allows the
the judiciary. The provision in Article VIII which President to make appointments while Congress is in
requires the President to make appointments to the recess, whether this be a voluntary or compulsory
judiciary within ninety days covers the period not recessd.
covered by Article VII, Section 15 (In re: Appointment
of Valenzuela). This Constitutional provision only For a recess or ad-interim appointment to be
applies to the President and does not extend to local effective, it does not have to wait for action by the
executives (De la Rama v. Court of Appeals). Commission on Appointments. It becomes effective
once it is delivered to and accepted by the appointee.
Section 16 There are two modes of terminating ad-interim
The President shall nominate and, with the consent of appointments: disapproval by Congress and
the Commission on Appointments, appoint the heads adjournment of Congress prior to the action of the
of the executive departments, ambassadors, other Commission on the appointment.
public ministers and consuls, or officers of the armed
forces from the rank of colonel or naval captain, and Matibag v. Benipayo
other officers whose appointments are vested in him
in this Constitution. He shall also appoint all other Doctrine Benipayo is the lawful Chairman of the
officers of the Government whose appointments are COMELEC because he assumed office in accordance
not otherwise provided for by law, and those whom he with the Constitution. An ad interim appointment is
may be authorized by law to appoint. The Congress permanenent in nature because it takes effect
may, by law, vest the appointment of other officers immediately and can no longer be withdrawn by the
lower in rank in the President alone, in the courts, or President once the appointee has qualified into office.
in the heads of departments, agencies, commissions, The fact that it is subject to confirmation by the
or boards. Commission on Appointments does not alter its
permanent character.
The President shall have the power to make
appointments during the recess of the Congress, Commission on Appointments
whether voluntary or compulsory, but such The restoration of the Commission on Appointments
appointments shall be effective only until disapproved restores an executive limit on the appointing authority
by the Commission on Appointments or until the next of the President removed by the 1973 Constitution.
adjournment of the Congress.
Sarmiento v. Mison

Appointment to office is an executive function. The Doctrine The appointment of the Bureau of
filling up of that office is the implementation or Customs director does not need the confirmation of
execution of that law. the Commission on Appointments because this is not
mentioned in the first sentence of Section 16, This
Government v. Springer has come to be known as the Mison doctrine.

Doctrine Since the power to appoint is neither Bautista v. Salonga


legislative nor judicial, it must be executive.
Ruling The appointment of the Chairman of the
Bermudez, et. al. v. Executive Secretary, et. al. Commision on Human Rights likewise does not need
confirmation of the Commission on Appointments
Doctrine The provision in the Revised Administrative following the Mison doctrine.
Code of 1987 to the effect that “all provincial and city
prosecutors and their assistants shall be appointed by
the President upon the recommendation of the

Page 31 of 36
Quintos-Deles v. COA The acts of the Department Secretaries are the aots
of the President unless the President says otherwise.
Doctrine However, sectoral representatives need the
confirmation of the Commission on Appointments Blaquera v. Alcasid
because it falls under the clause “and other officers
whose appointments are vested in him under the Doctrine The President issued the order to regulate
Constitution.” the grant of productivity incentive benefits and to
prevent discontentment, dissatisfaction, and
Calderon v. Carale demoralization among government personnel by
committing limited resources of government for the
Doctrine The Constitutional Commission radically equal payment of incentives and awards. The
narrowed the scope of the constitutional power of the President was only exercising his power of control.
Commission on Appointments and reversed the The power to grant incentives was not the duty of the
scope of the authority of the Commission under the Civil Service Commission but that of the President.
1935 Constitution. This is the basis for the ruling in
this case where the Court said that Congress may not De Leon v. Carpio
expand the list of positions that require the approval
of the Commission on Appointments. Doctrine The Director of the NBI cannot ignore an
order of the Secretary of Justice because, as the
Tarroza v. Singson alter-ego of the President, he has power of control
over executive officials. The NBI director must obey.
Doctrine The position of Central Bank Governor
likewise falls under the Mison Doctrine.
Lacson-Magallanes Co. v. Pano
Appointment of Police Generals
Doctrine Executive Secretary Juan Pajo
Manalo v. Sistoza issued ruling for Pano and company under the
authority of the President, overturning the Director of
Doctrine The officers referred to in Section 16 are Lands, and Secretary of Agriculture and Natural
officers of the Armed Forces of the Philippines. Police Resources.
generals are civilian officers because of Article XVI,
Section 6 which characterizes police generals as
civilian officers. Thus the Court invalidated a provision Doctrine of Exhaustive Administrative Remedies
in the PNP Law which required police generals to be Unless your case reaches the Department Secretary,
confirmed by the Commission on Appointments. and you do not hear from the President, you can't
bring your case to court.

Section 17 Ang-Angco v. Castillo


The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure Synopsis Ang-Angco was Collector of
that the laws be faithfully executed. Customs. After an investigation conducted by the
Office of the President, he was found “guilty” of
Power of General Supervision and Power of conduct prejudicial to the best interest of the service
Control and was “considered resigned” effective from the date
The President has the power of general supervision of the notice.
over local government and the power of control over
the executive branch, as well as GOCCs. The The Court had to resolve the power of control against
meaning of this provision may be found in the security of tenure that flows from the Civil Service
jurisprudence from the 1935 Constitution. Law. The Court held that this was an exercise of
disciplinary power, which flows from the power to
The President does not have the power of control appoint. It said, in an obiter, that the Executive could
over local governments. The power of control is the use the Civil Service Law to exercise its disciplinary
power of an officer to alter or modify or nullify or set power.
aside what a subordinate officer had done in the
performance of his duties and to substitute the Dadole v. COA
judgment of the former for that of the latter.
Synopsis Local government of Mandaue
The President is expected to delegate some of his issued allowance for judges of Mandaue. Denied by
powers of control to members of the Cabinet.. DBM. This is an exercise of the power of control and
makes the order invalid.
Doctrine of Qualified Political Agency

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NAMARCO v. Arca
The suspension of the privilege of the writ of habeas
Synopsis Although NAMARCO is a GOCC, corpus shall apply only to persons judicially charged
and because it is a GOCC, it falls under the for rebellion or offenses inherent in, or directly
Executive, and the Executive has power of control. A connected with, invasion.
mistake in judgment can be reversed but cannot be a
ground for disciplinary action. During the suspension of the privilege of the writ of
habeas corpus, any person thus arrested or detained
Faithful Execution Clause shall be judicially charged within three days,
The second sentence of Section 17 is the Faithful otherwise he shall be released.
Execution Clause, The faithful execution of laws,
according to the Neagle case in American Supremacy of Civilian Authority.
jurisprudence, includes not just the formal acts of The President is the Commander-in-Chief of the
legislature but any duty or obligation inferable from Armed Forces of the Philippines. However, his being
the Constitution and from statutes. The flip side of the the Commander-in-Chief doesn't make him a member
coin is the duty to carry the law out. The President of the Armed Forces. This is a concrete example of
cannot refuse to carry out a law because in his the supremacy of civilian authority.
judgment it will not be beneficial to the people.
There are three military powers that the President
Section 18 may call upon in times of national crisis:
The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it Call out the Armed Forces
becomes necessary, he may call out such armed The President may call out the Armed Forces to
forces to prevent or suppress lawless violence, prevent or suppress lawless violence, invasion, or
invasion or rebellion. In case of invasion or rebellion, rebellion.
when the public safety requires it, he may, for a
period not exceeding sixty days, suspend the privilege The Constitution provides that the President may call
of the writ of habeas corpus or place the Philippines out the Armed Forces "whenever it becomes
or any part thereof under martial law. Within forty- necessary." Unlike his power to suspend the privilege
eight hours from the proclamation of martial law or the of the writ of habeas corpus and his power to declare
suspension of the privilege of the writ of habeas Martial Law, the power to call out the Armed Forces is
corpus, the President shall submit a report in person not subject to judicial review.
or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its The authority to decide whether the state of exigency
Members in regular or special session, may revoke exists rests solely on the President, and his
such proclamation or suspension, which revocation conclusion is binding.
shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the A question regarding the calling out of the Armed
same manner, extend such proclamation or Forces is justiciable only when it can be shown that
suspension for a period to be determined by the the President acted with grave abuse of discretion
Congress, if the invasion or rebellion shall persist and leading to a lack or excess of jurisdiction.
public safety requires it.
Lacson v. Secretary Perez
The Congress, if not in session, shall, within twenty-
four hours following such proclamation or suspension, Facts President Arroyo's decision to declare Metro
convene in accordance with its rules without need of a Manila under a "state of rebellion" is violative of the
call. doctrine of separation of powers, since the judiciary
has the prerogative to determine or interpret EDSA III.
The Supreme Court may review, in an appropriate This declaration cannot be an exception to the rule.
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the Held The CINC may call out the armed forces
suspension of the privilege of the writ of habeas when necessary. In IBP v. Zamora (131 SCAD 800),
corpus or the extension thereof, and must promulgate the factual necessity for calling out the Armed Forces
its decision thereon within thirty days from its filing. is something only the President can decide. The
Court may look into the sufficiency of the factual basis
A state of martial law does not suspend the operation on the basis of its power to determine grave abuse of
of the Constitution, nor supplant the functioning of the discretion.
civil courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and Suspend the privilege of the writ of habeas
agencies over civilians where civil courts are able to corpus
function, nor automatically suspend the privilege of Habeas Corpus is an instrument for immediate
the writ of habeas corpus. release. There must be a reason for your detention.

Page 33 of 36
The writ of habeas corpus always issues. It is the jointly (makes the whole thing easier) is required to
privilege of the writ that is suspended. revoke Martial Law. If Congress is not in session, it
shall convene after 24 hours accprding to its rules
The suspension applies only to those charged with without need of a call.
rebellion or offenses inherent in or directly connected
with invasion. Possible nullification by the Supreme Court
The SC may review, in an appropriate proceeding
Any person thus detained should be judicially charged filed by any citizen, the sufficiency of the factual basis
within three days. Without this charge, he will be set of the proclamation of martial law and the suspension
free. of the privilege of the writ. Decision within thirty days
from filing.
Martial Law
Martial law can only be declared in cases of invasion Martial Law as Political Question
or rebellion, and when the public safety requires it. Since the issue whether the declaration of martial law
These are the same grounds for the suspension of is a political question is settled by this Constitution (it's
the privilege of the writ of habeas corpus. not, and the SC has to decide within 30 days from the
date of filing), the Court may judicially review the
Normally, police power is exercised by the legislative proclamation of martial law and the suspension of the
and implemented by the executive. Under Martial privilege of the writ of habeas corpus.
Law, police power is exercised by the executive with
the aid of the military in place of "certain Section 19
governmental agencies which for the time being are Except in cases of impeachment, or as otherwise
unable to cope with existing conditions in a locality provided in this Constitution, the President may grant
which remains subject to the sovereignty." reprieves, commutations, and pardons, and remit
fines and forfeitures, after conviction by final
Two factual bases must exist before Martial Law can judgment.
be declared:
1. Existence of actual invasion or rebellion He shall also have the power to grant amnesty with
2. Public safety requires it. the concurrence of a majority of all the Members of
the Congress.
This public necessity under which martial law is
declared creates the vagueness under which we Ezecutive Clemency
understand martial law. The President may grant reprieves, commutations, or
pardons. He may also remit fines and forfeitures after
Conclusions of the Marcos Supreme Court about conviction of final judgment.
Martial Law
(Gumaua v. Espino, 96 SCRA 403) Echegaray v. Secretary of Justice
1. Martial law automatically suspends the
privilege of the writ of habeas corpus. Synopsis Part of the power of the Courts is to
2. The President, as enforcer or administer of control the execution of their judgment. This control
martial law, can promulgate proclamations, orders, does not infringe upon the power of the Executive to
and decrees during the period of martial law. grant clemency.
3. The President, as legislator, can create
military tribunals to try civilian offenders for particular Limitations on Power
offenses. This power is withheld if the President is being
impeached. A grant of amnesty needs the
Note: These views are now obsolete. concurrence of a majority of all the members of
Congress. This power needs to go through the
Safeguards under the 1987 Constitution COMELEC for election violations.

Time limit of 60 days Amnesty


In cases of invasion or rebellion, when the public He may also grant amnesty only with the concurrence
safety requires it, for a period not exceeding sixty of a majority of all the members of Congress. An
days, suspe d the privilege of the writ of habeas accused must confess guilt of the crime before
corpus or place the Philippines or any part thereof availing of amnesty as a defense (Vera v. People, 7
under martial law. For an extension, President must SCRA 152)
ask Congress, extension determined by Congress.
Purpose of Executive Clemency
Automatic review by Congress Tacit admission of the imperfection of human
Within 48 hours of the proclamation, the President, in institutions and that there are infirmities in the
writing or in person, shall submit to Congress a report. administration of justice. It is an instrument for
A vote of at least majority of all its members, voting

Page 34 of 36
correcting harshness out of a too strict application of Prisoners and Amnesty
the law. The proper remedy for prisoners covered under an
amnesty is to submit his case to the proper amnesty
Forms of Executive Clemency board, not file a petition for habeas corpus (De Vera
• Reprieves -- postpones the execution of an v. Animas, L-48176)
offense to a day certain (People v. Vera, 65 Phil. 56,
110) Pardon vs. Amnesty
• Commutations -- is a remission of a part of Pardon is granted by the Chief Executive and as such
the punishment; a substitution of a less penalty than it is a private act which must be pleaded and proved
the one imposed (People v. Vera, 65 Phil. 111) by the person pardoned, because the courts take no
• Pardons -- defined as ''an act of grace, notice thereof; while amnesty by Proclamation of the
proceeding from the power entrusted with the Chief Executive with the concurrence of Congress, is
execution of laws, which exempts the individual on a public act which the courts should take judicial
whom it is bestowed from the punishment the law notice.
inflicts for a crime he has committed. It is the private,
though official act of the executive magistrate, Pardon is granted to one after conviction, while
delivered to the individual forwhose benefit it is amnesty is granted to classes of persons or
intended and not communicated officially to the communities who may be guilty of political offense,
Court." (United States v. Wilson, 7 Pet. 150) generally before or after the institution of criminal
• Remittance of fines and forfeitures -- only prosecution and sometimes after conviction
refers to confiscated property; does not refer to (Barrioquinto v. Fernandez, 85 Phil. 642)
property vested in third parties or money in the public
treasury. Tax Amnesty
• Amnesty -- given to political prisoners; The President cannot grant tax amnesty without the
abolishes the crime. Can only be given with the concurrence of Congress.
concurrence of Congress. Conviction is not required
to obtain the benefits of amnesty. When amnesty is Section 20
granted, a commission is created. When you avail of The President may contract or guarantee foreign
amnesty, you imply guilt. loans on behalf of the Republic of the Philippines with
the prior concurrence of the Monetary Board, and
Extension to Administrative Penalties subject to such limitations as may be provided by law.
The Constitution does not distinguish and makes no The Monetary Board shall, within thirty days from the
limitation with regard to the pardoning power except end of every quarter of the calendar year, submit to
when the President is impeached. (Llamas v. Orbos, the Congress a complete report of its decision on
G. R. No. 99031) applications for loans to be contracted or guaranteed
by the Government or government-owned and
Absolute Pardon and Conditional Pardon controlled corporations which would have the effect of
There is a distinction between absolute pardon and increasing the foreign debt, and containing other
conditional pardon. With conditional pardon, the matters as may be provided by law.
condition may be more onerous than the original
punishment so you can refuse the conditional pardon Foreign Loans
(Cabantag v. Wolfe, 6 Phil. 273). You cannot refuse The President may contract or guarantee foreign
an absolute pardon. loans with the prior concurrence of the Monetary
Board. The MB is to report to Congress within 30
Pardon and Reinstatement days from the end of every quarter of the calendar
One who has been given absolute pardon has no year.
demandable right to reinstatement (Monsanto v.
Factoran. Jr., G. R. No. 78239), but if he is reinstated, Congress cannot pass a law requiring the President
and there are no circumstances that warrant the to submit all loan applications to Congress alone for
diminuition of rank, then the person should be approval. Congress may not use the power given to
restored to full rank (Sabello v. Department of the Monetary Board.
Education, G. R. 87687). However, if a pardon is
given because one is innocent (as in a purely Section 21
administrative pardon), there should be back wages No treaty or international agreement shall be valid
and reinstatement (Garcia v. Commission on Audit, and effective unless concurred in by at least two-
226 SCRA 356). thirds of all the Members of the Senate.

Pardon and Appeal Foreign Relations


Pardon has no effect until the withdrawal of the The President has the following foreign relations
appeal, allowing for the finality of the conviction powers (including but not limited to):
(People v. Salle, 66 SCAD 190) • Power to negotiate treaties and other
international agreements

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• Power to appoint ambassadors and other The President has the power to deport aliens. The
public ministers and consuls power is lodged with him.
• Power to receive ambassadors and other
public ministers accredited to the Philippines Section 22
• Power to contract and guarantee foreign The President shall submit to the Congress, within
loans on behalf of the Republic (see previous article) thirty days from the opening of every regular session
• Power to deport aliens as the basis of the general appropriations bill, a
budget of expenditures and sources of financing,
Treaties including receipts from existing and proposed revenue
Treaties do not become binding without ratification by measures.
two-thirds of all the members of the Senate.
Budget of Receipts & Expenditures
In the extradition treaty we have with the United Prepared by the DBM, and is the source of the
States, "An extradition proceeding is not a criminal General Appropriations Act. Congress may not
proceeding." Therefore the due process safeguards increase the allocation for the Executive Department.
do not apply (Secretary of Justice v. Lantion, 110
SCAD 138). Section 23
The President shall address the Congress at the
If there is a conflict between a treaty and a statute. opening of its regular session. He may also appear
before it at any other time.
A treaty though parallel with a statute, is both
municipal law and international law. If you are SONA
litigating in a domestic court, the later law applies. SONA given at the start of the regular session of
The one that goes ahead becomes void. Only the Congress. The President may appear before
domestic character of the treaty is repealed. In Congress at any other time.
International Law, the municipal law has no force.

In some jurisdictions, International Law is superior,


but not here.

Less formal treaties: Host Agreements


Less formal types of treaties may be entered into
without ratification by the Senate (USAFFE Veterans
Association, Inc. v. Treasurer of the Philippines, 105
Phil. 1030). A Host Agreement falls into this category
(WHO v, Aquino, 28 SCRA 242)

Qualifier
In general, if an agreement is permanent and original
(it creates new national policy) it requires a treaty and
consequently, Senate ratification. If it is an
implementation of an existing treaty, it does not need
ratification. This is because that agreement is
administrative in character.

New treaty signed to not bring anyone from the United


States Military before the International Criminal Court.

The United States has not ratified the treaty creating


the ICC. You can force the issue with the ICC if your
judiciary does nothing.

We have ratified it in the Senate. We have not


deposited it in the United Nations, so it is not effective
with respect to the Philippines yet. For Fr. Bernas, It
is an extension of the VFA, and it does not need any
ratification.

The negotiation of treaties is a purely administrative


act.

Power to Deport Aliens

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