LEGISLATIVE DEPARTMENT
laws because violation of which
LEGISLATIVE POWER
- The authority to make laws and to alter or
repeal them.
- Legislative power is vested in the Congress,
which consists of a Senate and a House of
Representatives. (Art. VI, Sec. 1)
- Grant of legislative power to Congress is
*plenary. Congress may legislate on any
subject matter provided that constitutional
limitations are observed.
*plenary – means complete in every way
GENERAL PLENARY POWERS
What kind of power? Any power declared to be
legislative by usage and tradition unless the
constitution lodges it elsewhere.
(Art VI, Sec 1, 1987 Constitution - The legislative power
shall be vested in the Congress of the Philippines, which
shall consist of a Senate and a House of
Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.)
Classification of Legislative Power
1. Ordinary Power – the power to pass ordinary
laws
2. Constituent Power- the power to amend the
constitution
a. Original Power – one that belongs to
the people by virtue of sovereignty
b. Derivative Power – the power of the
people delegated to the congress
LIMITATIONS ON THE LEGISLATIVE POWER
1. INTERNATIONAL LAW – Upon entering into
treaties, the legislature agree to limit their
sovereignty
2. CONSTITUTION – May be procedural and
substantive limitations
a. SUBSTANTIVE – limitations on the
content of laws, expressly or impliedly
limited by the Constitutional
provisions.
E.g. no law shall be passed establishing
a state religion.
b. PROCEDURAL - limitations on the
manner (procedure) of passing laws.
This must be complied with in passing
renders the law void and
unenforceable.
E.g. generally a bill must go through
three readings on three separate days.
SUBSTANTIVE LIMITATIONS
1. EXPRESS SUBSTANTIVE LIMITATIONS -
Circumscribe both the exercise of the
power itself and the allowable subject of
legislation
a. BILL OF RIGHTS
b. APPROPRIATION LAWS
c. TAX LAWS
d. JURISDICTION OF THE SUPREME
COURT
e. TITLE OF ROYALTY
2. IMPLIED SUBSTANTIVE LIMITATIONS
a. Non-delegation of legislative
powers
b. Prohibition against passage of
irrepeallable laws
EXPRESS SUBSTANTIVE LIMITATIONS
1. BILL OF RIGHTS – The freedom of individuals
are addressed as limitations to the power of
the Congress to legislate.
- No law shall be passed that is against the
provisions of the Bill of Rights
2. APPROPRIATION LAWS – The power of the
purse comprehends the power to secure
money for the government and the power to
spend it.
- Disbursement of funds must be contained in a
law
- This is not really a limitation of the Congress
but on the disbursing authority of the
executive.
- Legislative authority before money can be
spent. Power includes the power to specify
not just the amount but also the purpose.
- Congress is not free to appropriate money in
any manner and for whatever purpose.

- There are three provisions concerning
appropriations (Sec 24, 25, 29 of the 1987
Constitution)
- Implicit limitation that appropriation can only
be for public purpose
o Implied for constitutional provisions
against taxation except for public
purpose.
- An appropriations bill is one whose primary
and specific aim is to make appropriations of
money from the public treasury. (Bengzon v.
Secretary of Justice)
o A bill creating a new office, and
appropriating funds therefor is NOT an
appropriation bill.
o APPROPRIATION, in a strict sense,
means “as nothing more than the
legislative authorization prescribed by
the Constitution that money can be
paid out of the treasury.”
o Appropriation made by law refers to
the act of the legislature setting apart
or assigning to a particular use a
certain sum to be used in the payment
of debt or dues from the State to its
creditors.
 Is a negotiated sale valid?
Yes, as long as the
government is not bound to
make the advance payments
giving no reason to
appropriate funds except
when the installment payment
becomes due and
demandable.
Appropriation must be made
only on amounts immediately
demandable.
It is sufficient that contracts
are funded by various sources
authorized by law which
constitutes a standing
appropriation or antecedent
appropriation required by the
“Revised Administrative Code”
before the execution of
contracts involving
expenditure of public funds.
(Gonzales vs. Raquiza)
- Appropriation laws must originate from the
House.
- All appropriation, revenue or tariff bills, bills
authorizing the increase of the public debt,
bills of local application and private bills shall
originate exclusively in the House, but the
Senate may propose or concur any
amendments (SEC 24) The reason is that the
House is the more popular chamber of the
Congress. – this means that District
Representatives are closer to the people.
o Appropriation Bill – set aside a sum of
money for public use (primary and
specific aim)
o Revenue Bill – strictly for raising
revenue
o Local Appropriation – reach is limited
to specific localities.
o Private bills – affecting private persons
GENERAL APPROPRIATIONS
- The Budget is the basis of the General
Appropriations Bill.
- The Congress may not increase the
appropriations recommended by the
President for the operation of the
Government as specified in the budget.
- No provision or enactment shall be embraced
in the general appropriations bill unless it
relates specifically to some particular
appropriation therein. Any such provision or
enactment shall be limited in its operation to
the appropriation to which it relates.
o Provisions unrelated to appropriation
bill
- The procedure in approving appropriations in
the Congress shall strictly follow the
procedure approving appropriations for other
departments and agencies.
SPECIAL APPROPRIATION
- A special appropriation bill shall
(a) specify the purpose for which it is
intended,
(b) supported by funds actually available as
certified by the National Treasurer, or to be
 raised by a corresponding revenue proposal
therein. (Art. IV, Sec 25 (4))
- No law shall be passed authorizing any
transfer of appropriations.
But the President, Senate President, Speaker
of the House, Chief Justice of the Supreme
Court and heads of the Constitutional
Commissions may, BY LAW, be authorized TO
AUGMENT any item in the general
appropriations law for their respective offices,
from ‘savings’ in other items in their
respective appropriations. (Art VI, Sec 25 (5))
*SAVINGS – portions or balances of any
programmed appropriation which are free
from obligations or encumbrances
The intention of this is to afford the heads of
the different branches considerable flexibilities
with the use of funds.
Augmentation is valid only when the funding is
deficient.
Condition for Augmentation – implies
existence of a program or activity or project
within an appropriation which, upon
implementation or subsequent evaluation of
needed resources is favorably deficient.
CROSS-BORDER TRANSFERS ARE VOID.
Case: Araullo vs. Aquino (DAP Case)
Discretionary funds appropriated for particular
officials shall be disbursed only for public
purposes, to be supported by appropriate
vouchers, and subject to such guidelines as
may be prescribed by law. (Art. IV, Sec 25, (6))
***Discretionary funds are those funds which
is subject to the discretion of the disbursing
officer to designate the purpose
Discretionary funds appropriated for
particular officials shall be:
1. Disbursed only for public purposes
2. Should be supported by appropriate
vouchers; and
3. Subject to guidelines as may be prescribed
by law.
- If the Congress fails to pass the general
appropriations bill for the next fiscal year, the
general appropriation’s law for the preceeding
fiscal year shall be deemed reenacted and
shall remain in force and effect until the
general appropriation’s bill is passed by
Congress.
- The Government Budgeting and
Appropriations Process (Guingona v Carague)
PROCESS OF BUDGETING AND APPROPRIATION
1. Budget Preparation – tasked to Executive
Branch and covers the estimation of
government revenues, determination of
budgetary priorities and activities within the
constraints imposed by available revenues and
borrowing limits.
Budget Call – issued by DBM. Each
agency is required to submit budget
estimates in line with requirements
consistent with general ceilings set by
the Development Budget Coordinating
Council (DBCC).
- DBCC also estimates debt
service levels levels. Upon issuance of
budget call, the Bureau of Treasury
computes the interest and principal
payments for the year for all direct
national government borrowings and
borrowings assumed.
2. Legislative Authorization – Congress
deliberates on the budget proposals of the
President and in the exercises of its own
judgment and wisdom, formulates, an
appropriation act precisely following the
process established by the Constitution.
3. Budget Execution – covers the various
operational aspects of budgeting. Ex. The
establishment of obligation authority ceilings,
evaluation of work and financial plans of
individual activities, the continuing review of
government fiscal position, regulation of fund
releases, implementation of cash payment
schedules and other related activities which
comprise the budget cycle.
4. Budget Accountability – covers the evaluation
of the actual performance and initially
approved work targets, obligations incurred,
personnel hired and work accomplished and
 are compared with the targets set at the time
the agency budgets were approved.
PROHIBITED APPROPRIATION TO ENFORCE THE
SEPARATION OF CHURCH AND STATE
No public money or property shall be appropriated
(applied, paid or employed) directly or indirectly for
the use, benefit or support of any religion or of any
priest.
Exemption: When the priest is assigned to (a) the AFP;
(b) any penal institution; (c) any government
orphanage; or (d) any leprosarium.
*leprosarium – any hospital for leprosy patients.
- The President shall submit to Congress,
within 30 days from the opening of its regular
session, as the basis of the general
appropriations bill, a budget of (a)
expenditures and (b) sources of financing
(refers to sources other than taxation)
including receipts from existing and
proposed revenue measures. (Art VII, Sec 22)
Appropriations laws (the spending powers of
Congress) are tied up with Tax laws (the
power to raise revenues). They are two
indispensable sides of a coin. They are tied up
by the principle that no money shall be paid
out of the Treasury except in pursuance of an
appropriation made by law.
3. TAX LAWS
(Sec 28 (1) 1987 Constitution) – enumerates the
limits of the power to tax.
Power to tax means power to raise revenues and it
could be regulatory.
“The rule of taxation shall be uniform and
equitable. The Congress shall evolve a progressive
system of taxation.”
- Implicit in the limitation that the power to tax
should be exercised for public purpose.
Uniformity in Taxation
Bernas: means Geographical uniformity
Cruz: means that persons or things belonging to
the same class shall be taxed at the same rate.
Distinguished from equality in taxation because
this requires tax imposed is to be determined on
the basis of the value of the property.
The present Constitution adds that the rule of
taxation shall also be equitable, which means that
the tax burden must be imposed according to the
taxpayer’s capacity to pay.
- Refers to the Equal Protection Clause
Progressive System of Taxation means rate
increases as the tax base increases. Ex. Income Tax
scheme
NON-DELEGATION OF TAXING POWERS
Exemption:
[Sec 28 (2)] – The Congress, by law, authorize the
President to fix, within specified limits, and
subject to such limitations and restrictions as it
may impose, tariff rates, import and export
quotas, tonnage, and wharfage dues and other
duties or imposts within the framework of the
national development program of the
Government.
Charitable institutions, churches and parsonages
or convents, appurtenant thereto, mosques, non-
profit cemeteries, and all lands, buildings and
improvements, actually, directly and exclusively
used for religious, charitable and educational
purposes shall be exempt from taxation.
- No law granting the exemption shall be
passed without the concurrence of the
majority of the members of the Congress.
Reasons:
Charitable – enhance service
Religious – ensure religious liberty (freedom of
religion)
Educational – making quality education available
to all
[Art XIV, Sec 4 (3) All revenues and assets of non-
stock, non-profit educational institutions used
actually, directly, and exclusively for educational
purposes shall be exempt from taxes and duties.
**there is NO CONSIDERATION given as to
the source
Upon dissolution or cessation of the corporate
existence of such institutions, there assets shall be
disposed in a manner provided by law.
Proprietary educational institutions, including
those cooperatively owned, may likewise be
 entitled to such exemptions subject to the
limitations provided by law including restrictions
on dividends and provisions for reinvestment.
SPECIAL FUND [Art VI Sec 29 (3)] – All money
collected on any tax levied for special purpose
shall be treated as a special fund and paid out for
such purpose only. If the purpose for which a
special fund was created has been fulfilled or
abandoned, the balance, if any, shall be
transferred to the general funds of the
Government.
4. JURISDICTION OF THE SUPREME COURT
[Art VIII, Sec 2]
“The Congress shall have the power to define, prescribe
and apportion the jurisdiction of the various courts but
may not defined the Supreme Court of its jurisdiction
over cases enumerated in Sec. 5, hereof”
[Art VI, Sec 30] – No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as
provided in the Constitution without its advice and
concurrence.
Cruz: The purpose is to prevent further additions to
the present tremendous case load of the Supreme
Court which includes the backlog of the past two
decades.
The Congress cannot create a court of equal or
superior authority to the Supreme Court.
Case: First v. Court of Appeals – the Congress cannot
authorize an appeal to the Supreme Court from
decisions of the Office of the Ombudsman in
administrative cases.
Case: Fabian v. Desierto – Congress cannot validly
authorize an appeal to the Supreme Court from
decisions of the Office of the Ombudsman in
administrative cases.
- The indiscriminate enactment of legislation
enlarging the appellate jurisdiction would
unnecessarily burden the Court.
5. TITLE OF ROYALTY
[Art VI, Sec 31] No law granting a title of royalty or
nobility shall be enacted.
Cruz: The purpose of this prohibition is to preserve the
republican and democratic nature of our society by
prohibiting the creation of privileged classes with
special prerequisites not available to the rest of the
citizenry.
IMPLIED SUBSTANTIVE LIMITATIONS
1. NON-DELEGATION OF LEGISLATIVE POWERS
– As a general rule, legislative powers cannot
be delegated, what can be delegated is the
execution of the laws under acceptable
standards, limiting discretion of the executive.
The Constitution, however, provides certain
specific exemptions.
TWO TESTS TO DETERMINE WHETHER OR NOT
THERE WAS A VALID DELEGATION OF
LEGISLATIVE POWER
1. COMPLETENESS TEST - Under the first test,
the law must be complete in all its terms and
conditions when it leaves the legislative such
that when it reaches the delegate the only
thing he will have to do is to enforce it.
2. SUFFICIENT SUBSTANTIVE TEST - Under the
sufficient standard test, there must be
adequate guidelines or limitations in the law to
map out the boundaries of the delegate’s
authority and prevent the delegation from
running riot.
EXEMPTIONS TO THE NON-DELEGATION RULE
a. DELEGATION TO THE PRESIDENT
i. EMERGENCY POWERS [Sec 23 (1)]
STATE OF WAR – requirement for its declaration:
Joint Session (2/3 of both houses)
The Congress has the power to declare a state of
war.
[Sec 23 (2)] CONDITIONS OF EMERGENCY POWERS
OF THE PRESIDENT
1. There must be a war or national emergency
2. It must be for a limited period only
3. It must be subject to restrictions
4. It must be exercised to carry out national
policy declared by the Congress.
5. It will be terminated in the next
adjournment of the Congress.
ii. CERTAIN TAXING POWERS [ART VI, SEC 28 (2)] –
Delegation of Tax Powers
b. DELEGATION TO THE LOCAL GOVERNMENTS
i. TAX POWERS
Case: Pelaez v. Auditor General
15 SCRA 569
c. DELEGATION TO THE PEOPLE
- Initiative and Referendum Powers
[ART VI. Sec 32] The Congress, shall as early as
possible, provide for a system of initiative and
referendum, and the exemptions therefrom,
whereby the people can directly propose and
enact laws, or approve or reject any act or law
or part thereof, passed by the Congress or local
legislative body, after the registration of a
petition therefore, signed by at least ten per
centum of the total number of registered
voters with every legislative district
represented by at least three per centum of the
registered voters thereof.
INITIATIVE: the power of the people to
propose amendments to the Constitution or to
propose and enact legislation through an
election called for that purpose.
o This is resulted to by the people
because (1) the law making body fails
to enact a law, ordinance, resolution,
or act that they desire, or
(2) they want to modify or amend one
that is already existing.
o It is entirely the work of the electorate
o Broader work of initiatives:
 Constitution
 Statutes passed by Congress
 Ordinances and Resolutions
o Cannot be vetoed
o Congress cannot repeal or amend it.
REFERENDUM: the power of the electorate to
approve or disapprove a legislation
- The law-making body submits to the
registered voters of its territorial jurisdiction,
for approval or rejection , any ordinance or
resolution which is duly enacted or approved
by such law-making authority
- Initiated by the law-making body
Case: SBMA vs COMELEC (Initiative and Referendum)
- Discusses R.A No. 6735
To exercise the power of initiative or referendum, at
least ten per centum (10%) of the total number of the
registered voters, of which every legislative district is
represented by at least three per centum (3%) of the
registered voters thereof, shall sign a petition for the
purpose and register the same with the Commission.
(10% total RV, where 3% every district)
2. PROHIBITION AGAINS PASSAGE OF
IRREPEALABLE LAWS – It is axiomatic that all
laws, even the constitution itself, may be
repealed or amended. No one can bind future
generations to a law.
3. PROCEDURAL LIMITS
- [ART VI, SEC 26 (1)] Every bill passed by the
Congress shall embrace only one subject
which shall be expressed in the title thereof.
Reasons:
o To prevent hodgepodge or
“logrolling” legislation (an act
containing several subjects dealing with
unrelated matters representing diverse
interest).
o To prevent surprise and fraud upon
legislators (by means of provisions in
bills of which the title gives no
information and might therefore be
overlooked)
o To prevent blending of things of
diverse nature
o To fairly apprise the people (through
publications of these proceedings)
- It is sufficient that the title expressed the
general subject and the provisions that are
germane to it.
- No bill passed by either house shall become a
law unless it has passed three readings on
separate days and printed copies thereof in its
final form have been distributed to its
Members three days before its passage, except
when the President certifies to the necessity
of its immediate enactment to meet a public
calamity or emergency. Upon the last reading
of a bill, no amendment shall be allowed and
the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in
the Journal.
HOW A BILL BECOMES A LAW
 - Every bill passed by the Congress is presented
to the President
- The President’s certification dispenses al the
requirements
Case: Tolentino v. Secretary of Finance
- If the President approves, he shall sign it.
- The president shall have the power to veto
any particular item or items in the
appropriation, revenue or tariff bill, but the
veto of any bill shall become a law as if he had
signed it.
- The President can veto it and return it with his
objections to the House where it originated,
who enters the objections in the journal and
reconsiders it.
- If it is reconsidered, 2/3 of all the members of
that House shall agree to the bill and send to
the other house and be considered.
- If the said bill is also approved by 2/3 of the
members of the other house, IT WILL BECOME
A LAW.
- In all cases, the votes of each house shall be
determined by yeas and nays and the names
of the Members voting for or against shall be
entered in its Journal.
- The President shall communicate his veto of
any bill to the House where it originated
within 30 days after the date of receipt
thereof, otherwise, is shall become a law as if
he had signed it.
GENERAL RULE: THE PRESIDENT CANNOT TAKE PART
IN LEGISLATION
EXCEPT:
1. Emergency
2. Appropriation budget for the next fiscal year
3. Veto Power
VETO POWER OF THE PRESIDENT
Item Veto
Item in a bill – is the particulars, the details, the distinct
and several parts
- It can be an entire section or a portion of a
section
VETO POWER
1. Provision in ORDINARY BILL – CANNOT be
vetoed
2. CAN veto an ITEM but only APPROPRIATION,
TARIFF AND REVENUE BILLS
3. CANNOT veto a provision of APPROPRIATIONS
law
**Revenue bill – does not refer to the entire section
but to the subjects of tax and tax rate
GROUNDS FOR VETO
1. When the President considers it
unconstitutional
2. When it is merely inefficacious
3. When it is unwise.
DOCTRINE OF INAPPROPRIATE PROVISION
A provision that is constitutionally inappropriate for
an appropriation bill may be singled out for veto even
if it is not an appropriation or revenue “item”.
o CANNOT veto if the provision is
APPROPRIATE – a provision that
relates to an item
o CAN be veto if it is INAPPROPRIATE –
does not relate to an item
Case: (Gonzales v. Macaraig)
Reason for the Doctrine
The intent behind the doctrine is to prevent the
legislature from forcing the government to veto an
entire appropriation law thereby paralyzing
government.
Inappropriate Provisions
- Repeal of laws. Repeal of laws should not be done in
appropriation act but in a separate law (PHILCONSA v.
Enriquez) (use this doctrine carefully)
LEGISLATIVE VETO – it is unconstitutional
- Means that the legislator can block or modify
an administrative action taken under a statute
EXECUTIVE IMPOUNDMENT - refers to a refusal by the
President, for whatever reason, to spend funds made
available by Congress. It is the failure to spend or
obligate budget authority of any type
QUESTION HOUR
The heads of departments may, upon their
own initiative and with the consent of the President,
or upon the request of either House, shall provide,
appear before and be heard by such House on any
manner pertaining to their departments.
- Upon their own intiative, with the consent of
the President; or
- Upon request of either house, as the rules of
that house shall provide. (This is a carryover of
the 1973 Constitution, a feature of the
parliamentary system.)
NOT COMPULSORY: A Department Head may refuse
to appear in the investigation
- It is done in executive sessions, meaning,
closed-doors, sessions not open to the public.
Written questions shall be submitted to the presiding
officer of the house at least 3 days before the
scheduled appearance. The purpose is to enable the
cabinet member to prepare. Interpellations shall not
be limited to written questions, but may cover
matters related thereto.
A member of the Cabinet may not refuse to appear
before the house. If he refuses summons, he can be
cited for contempt.
If the President forbids his appearance, he still must
appear if asked by the Congress.
Under the 1935 Constitution, it was an excuse of the
President to certify that the interest of public security
justifies the refusal. In the 1987 Constitution, the
remedy is an executive session, not refusal to appear.
When the security of the state or the public interest
so requires, and the president so states in writing, the
appearance shall be conducted in an executive
session. (It must be noted that the President cannot
disallow the appearance, but he can only ask for a
closed door session).
LEGISLATIVE INVESTIGATION
ART VI, SEC 21. The Senate or the House of
Representatives or any of its respective committees
may conduct inquiries in aid of legislation in
accordance with its duly published rules or procedure.
The rights of persons appearing in or affected by such
inquiries shall be respected.
Each house or any of its committees may conduct
inquiries in aid of legislation according to its duly
published rules of procedures.
To enforce this right, the Supreme Court upheld the
power of Congress to hold in contempt a person
required to appear before Congress or its committee
and answer questions relevant to a matter of
legislative interest in the Arnault cases.
Case: Arnault v. Nazareno/ Arnault v. Balagtas
Case: When declared in contempt, such is effective
even beyond the session during which the contempt
was made. SC has overruled Lopez v delos Reyes case
and held that the contempt only lasted until the
session and must be revived in the next session by a
mere approval of the previous contempt.
The person held in contempt who is appearing and
affected by such inquiries, his rights must be
respected.
Example: Right against self-incrimination
In you are in contempt, it may result in detainment or
fine on a definite/ redifinate period of length.
A determination that the inquiry is for “legislation
process” is not the end but only the beginning of the
complexity.
The power to investigate arose from Congress’ right
to be fully informed in order to legislate wisely.
LIMITS/ REQUISITES FOR INVESTIGATION
1. It must be in aid of legislation
Congress cannot conduct an investigation
merely for the purpose of investigation.
However, Congress can inquire into private
affairs if they affect matters in which
Congress can legislate.
2. It must be in accordance with the
published rules
These rules and procedures are subject to
change or suspension by Congress at any
time except if it will affect the substantive
rights of the witness and other persons
involved.
3. It must respect the rights of 3rd persons
(self-incrimination)
The privilege against self-incrimination not
only extends to answers that will, in
themselves support a conviction but
 likewise, embrace ‘those which would
furnish a link in the chain of evidence to
prosecute the claimant for a crime.
4. There must be no pending cases tackling
he same issue.
IN AID OF LEGISLATION MEANS
- It is in connection with the exercise of the
Congress’ constitutional powers
- It is a re-examination of an old law
- It is connected with a proposed legislation
- It is for the formulation of a future legislation.
Each house may determine the rules of its
proceedings. These rules include the procedure to be
followed in inquiries of legislation. The House may set
aside the rules it adopted as it sees fit, because such
are temporary in nature.
GENERAL POWER OF CONGRESS (Parts)
Legislative Inquiries - exists for the primary purpose
of enabling it to discharge its legislative functions
wisely and effectively – to guide and aid the Congress
in the enactment of laws, their amendments as well as
their repeal.
In the seminal case of Arnault v. Nazareno, SC held
that:
The power of inquiry – with power to enforce it – is an
essential and appropriate auxiliary to the legislative
function. A legislative body cannot legislate wisely of
effectively in the absence of information respecting the
conditions which the legislation is intended to affect or
change; and where the legislative body does not itself
possess requisite information – which is not
infrequently true – recourse must be had to others who
possess it.
Why are legislative investigations carried out?
- To ascertain what new legislation is needed
- To ascertain the what existing law to be
repealed
- Whether a new legislation is effectively
accomplishing its purpose with a view of
amending it
The power of inquiry may be utilized by Congress for
the scrutiny of executive action and formation of public
opinion.
CONGRESSIONAL INVESTIGATIVE FUNCTION
- Given salutary effect since they keep the
public informed on what is happening in the
government
- It is justified by judicial and executive
provisions of the Constitution
- In the exercise of power to confirm
appointments, information concerning the
qualifications of the appointee may be
investigated.
- The Senate may conduct an investigation in all
matters pertinent to the possible ratification
of a treaty.
- The power to inquire is also pertinent to the
authority to impeach officials.
- Investigatory power is also available when
Congress is considering constitutional
amendments, or the declaration of the
existence of a state of war.
1. INQUISITORIAL Power – consists of authority
to summon witnesses, to exact testimony
from them, and compel the production of
papers, documents and other information.
2. PUNITIVE Power – the authority to deal
directly, by way of contempt proceedings,
with acts which inherently obstruct or prevent
the discharge of legislative duties.
Case: Lopez v. Delos Reyes – SC held that the
power to punish contempt is essential to
permit the Legislature to perform its duties
without impediment.
Case: Arnault v. Nazareno – SC held that mere
requests for information are unavailing and
voluntary information are often unreliable.
Thus, compulsion is essential to obtain what is
needed.
3. Correlative Power – to punish a prevaricating
witness for contempt rests on the right of the
legislature to self-preservation and is founded
on the right to prevent acts which, in and of
themselves, inherently obstruct or prevent the
discharge of legislative duties, or refusal to do
that which there is an inherent legislative
power to compel in order that legislative
functions may be performed.
o The punitive power terminates when
the legislative body ceases to exist
upon its final adjournment.
o Thus, unlike the Senate which is a
continuing body (the term of
members expire at different times),
 the life of the House of
Representatives terminates upon its
final adjournment.
AVAILABIITY OF JUDICIAL REVIEW
- Judicial Power includes the duty of the courts
of justice to settle actual controversies
involving rights which are legally demandable
and enforceable and to determine whether or
not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of
the Government.
- The courts may review whether or not
questions pounded on the witness are
relevant to the subject matter of legislative
investigation.
- The legislative purpose served by the inquiry
will still have to be weighed against the right
of the witness.
- Legislative purpose serves as a counterweight
to the interest in civil liberties.
DISTINCTIONS BETWEEN QUESTION HOUR AND
LEGISLATIVE INVESTIGATION
A. As to persons who may appear
QH: Only a Department Head
LI: Any person
B. As to who conducts the investigation
QH: Entire body
LI: Committees
C. As to the subject matter
QH: Matters related to the
department only
LI: Any matter for the purpose of
legislation
EXECUTIVE DEPARTMENT
EXECUTIVE POWER
Scope:
1) Executive power is vested in the President of the
Philippines. Executive power is vested in one person
only to invest the power holder with some energy.
2) The scope of this power is set forth in Art. VII of
the Constitution. But this power is not limited to
those set forth therein. The SC, in Marcos v.
Manglapus, referred to the RESIDUAL powers of the
President as the Chief Executive of the country, which
powers include others not set forth in the
Constitution.
What is residual power? Powers inherent in a
government which is not essentially legislative or
judicial is deemed to be executive. This is implied from
the grant of executive powers.
The limitations enshrined in the Constitution are mere
limitations of specific powers but not a diminution of
the general grant of executive power. The presidential
power can go beyond the specific powers granted by
the constitution.
3) Ceremonial Function as the Head of the State:
Representative of the People and of the government
4) The President is immune from suit and criminal
prosecution while he is in office. This is not provided
in the Constitution but it is understood in
jurisprudence that the president is immune during his
tenure.
During tenure – presidential immunity is absolute. This
is to assure the exercise of presidential duties and
functions free from any hindrance and distraction.
Only the president can invoke or waive his immunity.
Post tenure – the non-sitting president does not enjoy
immunity from suit even for acts committed during
the latter’s tenure. Immunity cannot be invoked
especially when it impedes the search for truth or
impairs the vindication of a right. Case: Estrada v
Desierto
In Re: Bermudez: The incumbent presidents are
immune from suit or from being brought to court
during the period of their incumbency and tenure but
not beyong
Privilege of immunity from suit is personal to the
President and may be invoked by him alone. It may
also be waived by the President, as when he himself
files suit.
The President CANNOT dispose of state property
unless authorized by law.
5) Executive Privilege – It is the power of the President
to withhold certain types of information from the
courts, the Congress and ultimately the public.
Executive privilege is properly invoked in relation to
specific categories of information and not to
categories of persons. While executive privilege is a
constitutional concept, a claim thereof may be valid or
not depending on the ground invoked to justify it and
the context in which it is made. Noticeably absent is any
recognition that executive officials are exempt from the
duty to disclose information by the mere fact of being
executive officials.
Among these types of information covered by the
privilege are: [Sec 2 (a) of EO 464] (Case: Senate v.
Ermita)
(i) conversations and correspondence between the
President and the public officials (covered by E.O.
464); (ii) military, diplomatic, and other national
security matters which in the interest of national
security should not be divulged;
(iii) Information between inter-government agencies
prior to the conclusion of treaties and executive
agreements;
(iv) Discussion in close-door Cabinet meetings; and
(v) Matters affecting national security and public
order.
- It is based on the constitutional doctrine of
separation of powers. [Senate v. Ermita, (2006)]
Case: Neri v Senate – Neri was asked questions
pertaining to the participation of President Arroyo to
the NBN-ZTE transaction. The type of executive
privilege claimed is presidential communication
privilege.
Presidential communication is presumptively privilege
subject to rebuttal. The one challenging the privilege
must show good and valid reasons related to public
welfare.
6) Cabinet – consists of heads of departments who
through usage have formed a body of presidential
advisers who meet regularly with the president.
Although they are the principal officers through whom
the president executes the law, the president,
through his power to control them and his power to
remove them at will, remains the chief of
administration.
QUALIFICATIONS OF THE PRESIDENT
1. Natural born citizen of the Phils.
2. Registered voter
3. Able to read write
4. At least 40 years of age o the day of the election
5. A resident of the Philippines for at least 10 years
immediately preceding the election.
Reason for Qualifications
Qualifications are prescribed for public office to
ensure the proper performance of powers and duties.
Residency:
(1) Bodily presence;
(2) intention to remain or animus manendi;
(3) intention to abandon the old domicile or animus
non revertendi. Temporary physical absences are
allowed, there is animus non revertendi.
VICE PRESIDENT - same qualifications and terms of
office with the president.
The Vice-President may be appointed as a member of
the cabinet. Such appointment requires no
confirmation.
MANNER OF ELECTION AND TERM OF OFFICE
- President and VP – by direct vote of the
people
- Election returns for Pres and VP, duly certified
by the Proper Board of Canvassers and shall
be forwarded to Congress, directed to the
Senate president
- Not later than 30 days after the day of
election, the certificates shall be opened in the
presence of both houses.
- The Congress, after determining the
authenticity and due executive duty to make
such declaration, shall canvass the votes.
- Case: Lopez v. Roxas – Congress merely acts as
a national board of canvassers for presidential
elections, charged with the ministerial and
executive duty to make such declaration, on
the basis of the election returns duly certified
by the provincial board of canvassers.
- In case of a tie between two or more
candidates - one shall be chosen by a majority
of ALL the members of both houses, voting
separately. In case this results in a deadlock,
 the Senate President shall be the acting President.
president until the deadlock is broken.
President-elect dies or is VP becomes the
- The Supreme Court en banc shall act as the permanently disabled. President
sole judge over all contests relating to the Both President and VP- 1. Senate President or 2.
election, returns, and qualifications of the elect are not chosen or In case of his inability,
President or Vice President and may do not qualify or both the Speaker of the
promulgate its rules for the purpose. die, or both become House shall act as
permanently disabled President until a
- Case: Makalintal v. PET – doctrine of necessary President or a VP shall
implication allows the supreme court to have been chosen and
function as PET) qualified. In case of
death or disability of (1)
- Doctrine of Necessary Implication and (2), Congress shall
determine, by law, who
TERM OF OFFICE will be the acting
1) President President.
a) 6 years beginning at noon on 30 June immediately
following the election and ending at noon on the
same day 6 years later. 2. Vacancies after the office is initially filled:
b) Term limitation: Single term only; not eligible for
any reelection. VACANCY SUCCESSOR
c) Any person who has succeeded as President, and President dies, is Vice-President becomes
served as such for more than 4 years shall NOT be permanently disabled, is President for the
qualified for election to the same office at any time. impeached, or resigns. unexpired term.
Both President and Vice- 1. Senate President
2) Vice-President: President die, become or 2. In case of
a) 6 years, starting and ending the same time as the permanently disabled, his inability, the
President. are impeached, or Speaker of the
b) Term limitation: 2 successive terms. resign. House shall act
c) Voluntary renunciation of the office for any length as President until
of time is NOT an interruption in the continuity of the President or
service for the full term for which the Vice-President VP shall have
was elected. been elected and
qualified.
Section 6. SALARIES AND EMOLUMENTS 2.
1) Official salaries are determined by law. Both President and VP- 1. Senate President or 2.
2) Salaries cannot be decreased during the TENURE of elect are not chosen or In case of his inability,
the President and the Vice President. do not qualify or both the Speaker of the
3) Increases take effect only after the expiration of die, or both become House shall act as
the TERM of the incumbent during which the increase permanently disabled President until a
was approved. President or a VP shall
4) Prohibited from receiving any other emolument have been chosen and
from the government or any other source during their qualified. In case of
TENURE death or disability of (1)
and (2), Congress shall
PRESIDENTIAL SUCCESSION determine, by law, who
1. Vacancies at the beginning of the term will be the acting
President.
VACANCY SUCCESSOR
President-elect fails to VP-elect will be Acting
qualify or to be chosen President until someone Cases: Estrada v. Arroyo (March 2, 2001) and Estrada v.
is qualified/chosen as Desierto (March 2, 2001)

The cause of vacancy to the office of the president
was the supposed resignation of President Estrada
based on the diary of Executive Secretary Edgardo
Angara. Justice Puno concluded with what he called
the result of a ‘totality test’. Other justices proposed
the notion of permanent disability.
3) Vacancy in office of Vice-President during the term
for which he was elected:
a) President will nominate new VP from any member
of either House of Congress.
b) Nominee shall assume office upon confirmation by
majority vote of ALL members of both Houses, voting
separately. (Nominee forfeits seat in Congress)
4) Election of President and Vice-President after
vacancy during tem
a) Congress shall convene 3 days after the vacancy in
the office of both the President and the VP, without
need of a call. The convening of Congress cannot be
suspended.
b) Within 7 days after convening, Congress shall enact
a law calling for a special election to elect a President
and a VP. The special election cannot be postponed.
c) The special election shall be held not earlier than 45
days not later than 60 days from the time of the
enactment of the law.
d) The 3 readings for the special law need not be held
on separate days.
e) The law shall be deemed enacted upon its approval
on third reading. BUT: No special election shall be
called if the vacancy occurs within 18 months before
the date of the next presidential election.
5) Temporary disability of the President: The
temporary inability of the President to discharge his
duties may be raised in either of two ways:
a) By the President himself, when he sends a written
declaration to the Senate President and the Speaker
of the House. In this case, the Vice-President will be
Acting President until the President transmits a
written declaration to the contrary.
b) When a majority of the Cabinet members transmit
to the Senate President and the Speaker their written
declaration.
(i) The VP will immediately be Acting President.
(ii) BUT: If the President transmits a written
declaration that he is not disabled, he reassumes his
position
(iii) If within 5 days after the President re-assumes his
position, the majority of the Cabinet retransmits their
written declaration, Congress shall decide the issue.
In this event, Congress shall reconvene within 48
hours if it is not in session, without need of a call.
(iv) Within 10 days after Congress is required to
assemble, or 12 days if Congress is not in session, a 2/3
majority of both Houses, voting separately, is needed
to find the President temporarily disabled, in which
case, the VP will be Acting President.
6) Presidential Illness:
a) If the President is seriously ill, the public must be
informed thereof.
b) Even during such illness, the National Security
Adviser, the Secretary of Foreign Affairs, and the Chief
of Staff of the AFP are entitled to access to the
President
POWER TO APPOINT
Appointment is the selection, by the authority vested
with the power, of an individual who is to exercise the
functions of a given office. It is distinguished from
designation in that the latter simply means the
imposition of additional duties, usually by law, on a
person already in the public service. It is also different
from the commission in that the latter is the written
evidence of the appointment.
B. Nature of Power of Appointment
1. Executive in Nature
2. Non-delegability
3. Necessity of Discretion
EXECUTIVE IN NATURE
Appointing power is executive in nature. (Government
v. Springer) Indeed, the filling up of an office created
by law is the implementation or execution of law.
Although, intrinsically executive and therefore
pertaining mainly to the President, the appointing
power may be exercised by the legislature and by the
judiciary, as well as the Constitutional Commissions,
over their own respective personnel (See art 6 sec 16
(last sentence), Article VIII etc.) Implication. Since
appointment to office is an executive function, the
clear implication is that the legislature may not usurp
such function.
The legislature may create an office and prescribe the
qualifications of the person who may hold the office,
but it may neither specify who shall be appointed to
such office nor actually appoint him.
NON-DELEGABILITY.
Facts: The Minister of Tourism designate petitioner as
general manager of the Philippine Tourism Authority.
When a new Secretary of Tourism was appointed, the
President designated him as a general manager of the
PTA on the ground that the designation of petitioner
was invalid since it is not made by the President as
provided for in PD 564. Petitioner claimed that his
removal was without just cause.
Held: The appointment or designation of petitioner by
the Minister of Tourism is invalid. It involves the
exercise of discretion, which cannot be delegated.
Even if it be assumed that the power could be
exercised by the Minister of Tourism, it could be
recalled by the President, for the designation was
provisional. (Binamira v. Garrucho)
NECESSITY OF DISCRETION
Discretion is an indispensable part in the exercise of
power of appointment. Congress may not, therefore,
enact a statute which would deprive the President of
the full use of his discretion in the nomination and
appointment of persons to any public office. Thus it
has been held that a statute unlawfully limits
executive discretion in appointments when it provides
for the drawing of lots as a means to determine the
districts to which judges of first instance should be
assigned by the Chief Executive.298 Congress may not
limit the President’s choice to one because it will be
an encroachment on the Prerogative of the President.
4 KINDS OF PRESIDENTIAL APPOINTMENTS
1. Appointments made by an Acting President
(Section 14)
2. Appointments made by the President within
two months before the next presidential
elections and up to the end of his term.
(Section 15)
3. Regular Appointments (Section 16)
4. Recess or Ad interim Appointments (Section
13)
Principles:
1) Since the power to appoint is executive in nature,
Congress cannot usurp this function.
2) While Congress (and the Constitution in certain
cases) may prescribe the qualifications for particular
offices, the determination of who among those who
are qualified will be appointed is the President’s
prerogative.
3) Congress cannot, by law, require CA confirmation
of the appointment of other officers for offices
created subsequent to the 1987 Constitution (ex.
NLRC Commissions, Bangko Sentral Governor)
SCOPE OF APPOINTMENT
1. Officials to be appointed by the President 1.
Those officials whose appointments are
vested in him by the Constitution.
• Heads of executive departments
• Ambassadors, other public ministers
and consuls
• Officers of the armed forces from
rank of colonel or naval captain
• member of the SC and judges of
lower courts
•members of JBC, chairmen and
members of the constitutional
commissions, the Ombudsman and his
deputies
• Sectoral Representatives
2. Those whom he may be authorized by law
3. Any other officers of the government whose
appointments are not otherwise provided by
law (Constitution or statutes). (Section 16, 2nd
sentence)
PROCEDURE OF APPOINTMENT
- President nominates chosen candidate
- Commission on Appointments gives consent
- President issues the commission (a written
evidence of an appointment)
- Nominated officer can then occupy office
(only after COA gives consent)
1. CA confirmation needed
a. Confirmation by CA
b. Appointment by President
c. Acceptance of the appointee
Note: At any time before all four steps have been
complied with, the President can withdraw the
nomination/appointment.
 2. No CA confirmation
a. Appointment and
b. Acceptance
Note: Once appointee accepts, President
cannot withdraw the appointment.
POWER OF CONTROL OF THE PRESIDENT
Power of Control has been given to the President over
all executive officers from Cabinet members to the
lowliest clerk. This is an element of the presidential
system where the President is “the Executive of the
government.
The power of control vested in the President by the
Constitution makes for a strongly centralized
administrative system. It reinforces further his
position as the executive of the government, enabling
him to comply more effectively with his constitutional
duty to enforce laws. The power to prepare the
budget of the government strengthens the
President’s position as administrative head.
The President’s power over government owned
corporations comes not from the Constitution but from
statute. Thus, it can be taken away by statute.
DISCIPLINARY POWERS
***The power of control is not the source of the
Executive’s disciplinary power over the person of his
subordinates. Rather, his disciplinary power flows
from his power to appoint.
***While the President may remove from office those
who are not entitled to security of tenure, or those
officers with no set terms such as Department Heads,
the officers and employees entitled to security of
tenure cannot be summarily removed from office.
Control is a stronger power than a mere supervision.
Supervision means overseeing or the power or
authority of an officer to see that subordinate officer
performs their duties. If the latter fail or neglect to
fulfill them, then the former may take such action or
steps as prescribed by law to make them perform
these duties.
Bernas Primer: Power of Supervision is the power of a
superior officer to “ensure that the laws are faithfully
executed” by inferiors. The power of supervision does
not include the power of control; but the power of
control necessarily includes the power of supervision.
POWER OF SUPERVISION
- The power of the President over local
governments is only one of general
supervision. The President can only interfere
in the affairs and activities of a local
government unit if he finds that the latter had
acted contrary to law.
- The power to take care that the laws be
faithfully executed makes the President a
dominant figure in the administration of the
government. (FAITHFUL EXECUTION CLAUSE)
– The execution of laws is an OBLIGATION of the
President. He cannot suspend the operation of
laws.
- The power of supervision does not include the
power of control; but the power of control
necessarily includes the power of supervision.
- Case: Malonzo v. Zamora – the power of
supervision includes the power to discipline
over local officials
- Case: Gonzales v. Hechanova – (Faithful
Execution Clause) – The president cannot
refuse to carry out a law for the simple reason
that in his judgment it will not be beneficial to
the people. The supreme court pointed out,
“We still live under the rule of law.”
MILITARY POWERS OF THE PRESIDENT
The power of the sword makes the President the most
important figure in the country in times of war or
other similar emergency. It is because the sword must
be wielded with courage and resolution that the
President is given vast powers in the making and
carrying out of military decisions.
The military power enables the President to:
1. Command all the armed forces of the Philippines;
2. Suspend the privilege of the writ of habeas corpus
3. Declare martial law
COMMANDER-IN-CHIEF CLAUSE
- The President has absolute authority over all
members of the armed forces.
- He has control and direction over them.
Whenever necessary, the President may call out AFP to
PREVENT or SUPPRESS:
a. Lawless Violence
b. Invasion or Rebellion
The President may also:
a. Suspend the privilege of habeas
corpus and
 b. Proclaim a state of martial law AS TO SCOPE
It cannot be granted:
Martial Law - Martial law in its strict sense refers to i. Before conviction
that law which has application when civil authority calls ii. in cases of impeachment
upon the military arm to aid it in its civil function. iv. for violations of election laws, rules
Military arm does not supersede civil authority. and regulations without the favorable
recommendation of the COMELEC
Martial law in the Philippines is imposed by the v. In cases of civil or legislative
Executive as specifically authorized and within the contempt
limits set by the Constitution.
AS TO EFFECT
Martial law is essentially police power. This is borne - Does not absolve civil liabilities for an offense
out of the constitutional text which sets down “public - Does not restore public offices already
safety” as the object of the exercise of martial law. forfeited, although eligibility for the same may
Public safety is the concern of police power. be restored.

What is peculiar, however, about martial law as police AMNESTY V. PARDON

power is that, whereas police power is normally a
function of the legislature executed by the civilian PARDON AMNESTY
executive arm, under martial law, police power is Addressed to ODINARY Addressed to POLITICAL
exercised by the executive with the aid of the military. offenses offenses
Granted to INDIVIDUALS Granted to a CLASS of
EXECUTIVE CLEMENCY persons
1. The President may grand the following: Conditional pardon Need not be Accepted
a. Pardon - act of grace which exempts must be accepted
the individual on whom it is bestowed No need for Requires congressional
form the punishment which the law congressional concurrence
inflicts for the crime he has committed. concurrence
Private act of the A public act, subject to
b. Reprieves - a postponement of a President judicial notice
sentence to a date certain, or a stay in Pardon looks forward. Only penalties are
the execution. Only penalties are extinguished. Civil
extinguished. Civil indemnity is not
c. Commutations - reduction or indemnity is not extinguished.
mitigation of the penalty. Remission of extinguished.
a part of the punishment. Amnesty looks
backward Extinguishes
d. Remittance of fines and forfeitures – the offense itself
prevents the collection of fines or the Only granted after Maybe granted before
confiscation of forfeited property. conviction of final or after conviction
judgment

2. These may only be granted AFTER

CONVICTION of final judgment
3. The power to grant clemency includes cases
involving administrative penalties.
4. Where a conditional pardon is granted, the
determination of whether it has been violated
rests in the President.
LIMITATIONS:
POWER TO CONTRACT OR GUARANTEE FOREIGN
LOANS
1. The President may contract or guarantee
foreign loans on behalf of the Republic of the
Philippines: (LIMITATIONS)
a. With the prior concurrence of the
Monetary Board, and
b. Subject to such limitations as may be
provided by law
FOREIGN RELATIONS POWERS include:
1. The power to negotiate treaties and
international agreements;
Treaty is an international agreement concluded
between States in written form and governed
by international law, whether embodied in a
single instrument or in two or more related
instruments and whatever designation.
o Such treaty of international
agreement must be concurred in by at
least 2/3 of all Senators in order to be
valid and effective in our country.
o Option of the Senate if treaty is
submitted for its approval:
 Approve with 2/3 majority
 Disapprove outright
 Approve conditionally, with
suggested amendments
o If treaty is not re-negotiated, no treaty
o If treaty is re-negotiated and the
Senate’s suggestions are
incorporated, the treaty will go into
effect without need of further Senate
approval.
- Note: While our municipal law makes a
distinction between international agreements
and executive agreements; with the former
requiring Senate approval and the latter not
needing the same, under international law,
there is no such distinction.
- The President cannot, by executive agreement
undertake an obligation which indirectly
circumvents a legal prohibition.
- TREATIES V. EXECUTIVE AGREEMENTS
o International agreements which
involve political issues or changes of
national policy and those involving
international arrangements of a
permanent character take the form or
a treaty; while international
agreements involving adjustment of
details carrying out well established
national policies and traditions and
involving arrangements of a more or
less temporary nature take the form of
executive agreements
o In treaties, formal documents require
ratification, while executive
agreements become binding through
executive action. (Commissioner of
Customs v. Eastern Sea Trading 3 SCRA
351)
- Conflict between treaty and municipal law
o Philippine Court
 The later enactment will
prevail be it treaty or law, as it
is the latest expression of the
State’s will.
o International Tribunal
 Treaty will always prevail. A
state cannot plead its
municipal law to justify non-
compliance with an
international obligation.
2. The power to appoint ambassadors and other
public ministers, and consuls;
3. The power to receive ambassadors and other
public ministers accredited to the Philippines;
4. The power to contract and guarantee foreign
loans on behalf of the Republic;
5. The power to deport aliens.
o This power is vested in the President
by virtue of his office, subject only to
restrictions as may be provided by
legislation as regards the grounds of
deportation.
o In the absence of any legislative
restriction to authority, the President
may still exercise this power.
o The power to deport aliens is limited
by requirements of due process, which
entitles the alien to a full and fair
hearing.
6. The power to decide that a diplomatic officer
who has become persona non grata be
recalled.
7. The power to recognize governments and
withdraw recognition
BUDGETARY POWER
This power is properly entrusted to the executive
department, as it is the President who, as chief
administrator and enforcer of laws, is in best position
to determine the needs of the government and
propose the corresponding appropriations therefor
on the basis of existing or expected sources of party of any branch or instrumentality of the
revenue. Government.

- The budget of receipts and expenditures LIMITS ON JUDICIAL POWERS

prepared by the President is the basis for the (1) Courts may not assume to perform non-judicial
general appropriation bill passed by the functions.
Congress.406 The phrase “sources of (2) It is not the function of the judiciary to give
financing” has reference to sources other than advisory opinion
taxation (3) Judicial power must sometimes yield to separation
of powers, political questions and enrolled bill rule.
STATE OF THE NATION ADDRESS
The President usually discharges the informing power By the principle of separation of powers, courts may
through the state-of-the-nation address, which is neither attempt to assume nor be compelled to
delivered at the opening of the regular session of the perform non-judicial functions.417 Thus, a court may
legislature. not be required to act as a board of arbitrators (Manila
Electric Co. v. Pasay Transportation (1932). Nor may it
JUDICIAL DEPARTMENT be charged with administrative functions except when
reasonably incidental to the fulfillment of official duties.
(Noblejas v. Tehankee) Neither is it’s the function of
- The Supreme Court and all lower courts make
the judiciary to give advisory opinions.
up the judicial department of our government
An advisory opinion is an opinion issued by a court
- The Judiciary shall enjoy fiscal autonomy.
that does not have the effect of resolving a specific
Appropriations for the Judiciary may not be
legal case, but merely advises on the constitutionality
reduced by the legislature below the amount
or interpretation of a law.
appropriated for the previous year and, after
approval, shall be automatically and regularly
The nature of judicial power is also the foundation of
released.
the principle that it is not the function of the judiciary
- Fiscal autonomy means freedom from outside
to give advisory opinion.418 If the courts will concern
control. As envisioned in the Constitution,
itself with the making of advisory opinions, there will
fiscal autonomy enjoyed by the Judiciary
be loss of judicial prestige. There may be less than full
contemplates a guarantee of full flexibility to
respect for court decisions.
allocate and utilize their resources with the
wisdom and dispatch that their needs, require.
SUPREME COURT
- Reason. Fiscal autonomy is granted to the
Composition of the Supreme Court: Fifteen (15). 1
Supreme Court to strengthen its
Chief Justice and 14 Associate Justices.
autonomy.413 The provision is intended to
remove courts from the mercy and caprice,
By so fixing the number of members of the Supreme
not to say vindictiveness, of the legislature
Court at [fifteen], it seems logical to infer that no
when it considers the general appropriations
statute may validly increase or decrease it. Art 8 Sec 4
bill.
Qualifications of a Member of the Supreme Court:
JUDICIAL POWER shall be vested in one Supreme
1. Must be a natural born citizen of the Philippines
Court and in such lower courts as may be established
2. Must at least be 40 years of age;
by law.
3. Must have been for 15 years or more a judge of a
lower court or engaged in the practice of law in the
Traditional Concept: Judicial power includes the duty
Philippines; and
of the courts of justice to settle actual controversies
4. A person of proven competence, integrity, probity,
involving rights which are legally demandable and
and independence.
enforceable.
JUDICIAL AND BAR COUNCIL
Broadened Concept: Duty to determine whether [or
Function of JBC. JBC’s principal function is to
not] there has been a grave abuse of discretion
recommend to the President appointees to the
amounting to lack or excess of jurisdiction on the
Judiciary. It may exercise such other functions and
duties as the Supreme Court may assign to it.
Rationale for Creation of JBC. The Council was
principally designed to eliminate politics from the
appointment and judges and justices. Thus,
appointments to the Judiciary do not have to go
through a political Commission on Appointments.
- The Supreme Court may investigate or
discipline its own members.
REMOVAL OF MEMBERS OF THE SUPREME COURT
By Impeachment. The Members of the Supreme Court
are removable only by impeachment. They can be said
to have failed to satisfy the requirement of “good
behavior” only if they are guilty of the offenses which
are constitutional grounds of impeachment.
The members of the Supreme Court may be removed
from office on impeachment for, and conviction of:
1. Culpable violation of the Constitution;
2. Treason;
3. Bribery;
4. Graft and Corruption;
5. Other High Crimes
6. Betrayal of Public Trust (Article XI, Section 2) A
Supreme Court Justice cannot be charged in a criminal
case or a disbarment proceeding, because the
ultimate effect of either is to remove him from office,
and thus circumvent the provision on removal by
impeachment thus violating his security of tenure (In
Re: First Indorsement from Hon. Raul Gonzalez, A.M.
No. 88-4-5433)
POWERS OF THE SUPREME COURT
A. GENERAL POWER
- Judicial Power
B. SPECIFIC POWER
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Temporary Assignment of Judges
4. Change of Venue or Place of Trial
5. Rule-Making Power
6. Appointment of Court Personnel
7. Administrative Supervision of Courts
8. Dismissal/ Removal Powers
OTHER POWERS OF SC:
1. Jurisdiction over proclamation of Martial law or
suspension of the writ of habeas corpus;
2. Jurisdiction over Presidential and VicePresidential
election contests;
3. Jurisdiction over decision, order, or ruling of the
Constitutional Commissions.
4. Supervision over JBC
5. Power to Punish Contempt
DISCIPLINARY POWERS
The power of the Supreme Court to discipline judges
of inferior courts or to order their dismissal is
exclusive. It may not be vested in any other body. Nor
may Congress pass a law that judges of lower courts
are removable by impeachment.
Besides removal, such other disciplinary measures as
suspension, fine and reprimand can be meted out by
the Supreme Court on erring judges.
CONTEMPT POWERS
One of the essential powers of every court under our
system of government is that of punishing for
contempt persons who are guilty of disobedience to
its orders or for disrespect to its authority. The
punishment is either imprisonment or fine.
“While it is sparingly to be used, yet the power of
courts to punish for contempts is a necessary and
integral part of the independence of judiciary, and is
absolutely essential to the performance of the duties
imposed on them by law. Without it they are mere
boards of arbitration, whose judgments and decrees
would only be advisory.”
Judicial review is the power of the courts to test the
validity of governmental acts in light of their
conformity to a higher norm.
The power of judicial review is the Supreme Court’s
power to declare a law, treaty, international or
executive agreement, presidential decree,
proclamation, order, instruction, ordinance, or
regulation unconstitutional. This power is explicitly
granted by Section 5(2), (a) and (b). Judicial Review is
an aspect of Judicial Power.
Theory of Judicial Review. The Constitution is the
supreme law. It was ordained by the people, the
ultimate source of all political authority. It confers
limited powers on the national government. x x x If
the government consciously or unconsciously
oversteps these limitations there must be some
authority competent to hold it in control, to thwart its
unconstitutional attempt, and thus to vindicate and
preserve inviolate the will of the people as expressed
in the Constitution. This power the courts exercise.
This is the beginning and the end of the theory of
judicial review.

Judicial review is not an assertion of superiority by the

courts over the other departments, but merely an
expression of the supremacy of the Constitution.
Constitutional supremacy produced judicial review,
which in turn led to the accepted role of the Court as
“the ultimate interpreter of the Constitution.”

FUNCTIONS OF JUDICIAL REVIEW

1. Checking- invalidating a law or executive act that is
found to be contrary to the Constitution.
2. Legitimating- upholding the validity of the law. Rule
on the Double Negative- Uses the term “not
unconstitutional”; the court cannot declare a law
constitutional because it already enjoys a presumption
of constitutionality
3. Symbolic- to educate the bench and the bar as the
controlling principles and concepts on matters of
great public importance.