Article VII: Executive Department
immediately preceding such election.
SECTION 1. The executive power shall be vested in
the President of the Philippines.
Chief Executive- The president is the executive of the
Government of the Philippines and the heads of the
different executive departments who are popularly
known and called as cabinet members, are , in effect
merely his advisers, hence, they are subject to his
control and supervision.
Residual powers- The president has residual power
to protect the general welfare of the people. It is
founded on the duty of the president as steward of
the people. Hence, the powers of the president is not
limited to those expressly enumerated under the
constitution.
It is the power borne by the president’s duty to
preserve and defend the constitution. It may be
viewed as a power implicit in the president’s duty to
take care that the laws are faithfully executed.
(Marcos vs Manglapus)
Executive Power of the president- It is the power to
enforce and administer the laws of the land. The
president shall ensure that the laws are faithfully
executed.
The president has a duty to execute the law
regardless of his doubts on its validity. Until and
unless the law is declared unconstitutional, it is not
unlawful for the president to perform his duty of
ensuring that laws are faithfully executed.
Alfredo Romualdez vs Sandiganbayan- Executive
immunity is applied only during the incumbency of
the president. It cannot be used to shield a non-
sitting president from prosecution for alleged acts
while sitting in office. This will hold true in case of a
person who is acting pursuant to the president’s
orders. He cannot claim immunity since he derives
his immunity from one who is no longer sitting as
president.
F execution thereof in the manner provided by law,
SECTION 2. No person may be elected President
unless he is a natural-born citizen of the Philippines,
a registered voter, able to read and write, at least
forty years of age on the day of the election, and a
resident of the Philippines for at least ten years
SECTION 3. There shall be a Vice-President who shall
have the same qualifications and term of office and
be elected with and in the same manner as the
President. He may be removed from office in the
same manner as the President.
The Vice-President may be appointed as a Member
of the Cabinet. Such appointment requires no
confirmation.
SECTION 4. The President and the Vice-President
shall be elected by direct vote of the people for a
term of six years which shall begin at noon on the
thirtieth day of June next following the day of the
election and shall end at noon of the same date six
years thereafter. The President shall not be eligible
for any reelection. No person who has succeeded as
President and has served as such for more than four
years shall be qualified for election to the same
office at any time.
No Vice-President shall serve for more than two
consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered
as an interruption in the continuity of the service for
the full term for which he was elected.
Unless otherwise provided by law, the regular
election for President and Vice-President shall be
held on the second Monday of May.
The returns of every election for President and
VicePresident, duly certified by the board of
canvassers of each province or city, shall be
transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate
shall, not later than thirty days after the day of the
election, open all certificates in the presence of the
Senate and the House of Representatives in joint
public session, and the Congress, upon
determination of the authenticity and due
canvass the votes.
The person having the highest number of votes shall
be proclaimed elected, but in case two or more shall
have an equal and highest number of votes, one of
them shall forthwith be chosen by the vote of a
majority of all the Members of both Houses of the
Congress, voting separately.
The Congress shall promulgate its rules for the
canvassing of the certificates.
The Supreme Court, sitting en banc, shall be the sole
judge of all contests relating to the election, returns,
and qualifications of the President or Vice-
President, and may promulgate its rules for the
purpose.
Qualifications of a President and Vice President
1. Natural-born citizen of the Philippines.
2. Registered voter.
3. Able to read and write.
4. Must be 40 years of age on the day of the election.
5. Must be a resident of the Philippines for at least
10 years immediately preceding the election.
Term of office- 6 years and shall begin at noon of the
30th day of June following the day of the election and
shall end at noon of the same date 6 years
thereafter.
Voluntary renunciation of the office- For any length
of time shall not be considered as an interruption in
the continuity of the service for the full term for
which he was elected.
No person who has succeeded as president and has
served as such for more than 4 years shall be
qualified for election to the same office at any
timeA vice president who succeeds to the presidency
cannot run for president at the end of the term to
which he succeeded as president.
Procedures to be conducted in the canvass of
election returns and the proclamation of the
President and Vice- President
1. Transmission of returns- The returns of
every election for president and vice-president shall
be duly certified by the board of canvassers of each
province or city.
2. Transmission of certified returns to
congress- The certified returns shall be transmitted
to congress, directed to the president of the senate.
3. Opening of certificates of canvass- Upon
receipt of the certificates of canvass, the president of
the senate shall, not later than 30 days after the day
of the election, open all the certificates in the
presence of the senate and the house of
representatives in joint public session.
4. Canvass of the votes by congress- Upon
determination of the authenticity and due execution
of the certificates of canvass, congress shall canvass
the votes.
5. Proclamation- The person having the
highest number of votes shall be proclaimed elected.
6. In case of tie- In case of two or more shall
have an equal and highest number of votes, one of
them shall forthwith be chosen by a vote of a
majority of all members of congress.
7. Promulgation of rules for canvassing of
certificates- The congress shall promulgate its rules
for the canvassing of the certificates.
8. Sole judge of all contests- The Supreme
Court sitting en banc, shall be the sole judge of all
contests relating to the:
a. Election
b. Returns
c. Qualifications of the president or vice
president.
Makalintal v Presidential Electoral Tribunal- The
establishment of the PET simply constitutionalized
what was statutory before the 1987 constitution. The
SC functioning as PET are constitutional bodies
independent of the three departments of the
government but not separate therefrom.
The PET is not simply a agency to which members of
the court were designated. The PET as intended by
the framers of the constitution is to be an institution
independent but not separate from the judicial
department.
SECTION 5. Before they enter on the execution of
their office, the President, the Vice-President, or the
Acting President shall take the following oath or
affirmation:
“I do solemnly swear (or affirm) that I will faithfully
and conscientiously fulfill my duties as President (or
Vice-President or Acting President) of the
Philippines, preserve and defend its Constitution,
execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So
help me God.” (In case of affirmation, last sentence
will be omitted.)
Other powers of the President- There may also be
implied or inferred from those expressly granted to
the president or in the exercise of his control of all
executive departments, bureaus, and offices, or in
the pursuit of his task of ensuring that laws be
faithfully executed or in his capacity as commander
in chief of all armed forces of the Philippines.
Purpose of section 5 requiring the president and
vice president or acting president to take an oath or
affirmation
1. That the said public official have a solemn oath-
that they will faithfully and conscientiously fulfil
their duties.
2. That they preserve the constitution of the
Philippines.
3. That they will do justice to every man.
4. That they will execute the laws of the Philippines.
5. That they consecrate themselves to the service of
the nation.
6. That besides the solemn oath they take, they
formally invoke and ask the help of God, in the
course of and in the fulfilment of their duties.
SECTION 6. The President shall have an official
residence. The salaries of the President and
VicePresident shall be determined by law and shall
not be decreased during their tenure. No increase in
said compensation shall take effect until after the
expiration of the term of the incumbent during
which such increase was approved. They shall not
receive during their tenure any other emolument
from the Government or any other source.
Salary of the President and Vice President 1.
President- 300,000 annual salary until the congress
provides otherwise. That shall not be decreased or
increased during his tenure.
2. No emolument during his tenure from the
government or any other source. Emoluments are
essentially the benefit that one gets from working
and being employed. It is the profit from
employment. A salary is the fixed payment,
remuneration or emolument that one receives in
return for work and/or services provided.
SECTION 7. The President-elect and the
VicePresident-elect shall assume office at the
beginning of their terms.
If the President-elect fails to qualify, the
VicePresident-elect shall act as President until the
President-elect shall have qualified.
If a President shall not have been chosen, the
VicePresident-elect shall act as President until a
President shall have been chosen and qualified.
If at the beginning of the term of the President, the
President-elect shall have died or shall have become
permanently disabled, the Vice-President-elect shall
become President.
Where no President and Vice-President shall have
been chosen or shall have qualified, or where both
shall have died or become permanently disabled,
the President of the Senate or, in case of his
inability, the Speaker of the House of
Representatives shall act as President until a
President or a Vice-President shall have been
chosen and qualified.
The Congress shall, by law, provide for the manner
in which one who is to act as President shall be
selected until a President or a Vice-President shall
have qualified, in case of death, permanent
disability, or inability of the officials mentioned in
the next preceding paragraph.
SECTION 8. In case of death, permanent disability,
removal from office, or resignation of the President,
the Vice-President shall become the President to
serve the unexpired term. In case of death,
permanent disability, removal from office, or
resignation of both the President and Vice-
President, the President of the Senate or, in case of
his inability, the Speaker of the House of
Representatives, shall then act as President until the
President or Vice-President shall have been elected
and qualified.
The Congress shall, by law, provide who shall serve
as President in case of death, permanent disability,
or resignation of the Acting President. He shall serve
until the President or the Vice-President shall have
been elected and qualified, and be subject to the
same restrictions of powers and disqualifications as
the Acting President.
SECTION 9. Whenever there is a vacancy in the
Office of the Vice-President during the term for
which he was elected, the President shall nominate
a VicePresident from among the Members of the
Senate and the House of Representatives who shall
assume office upon confirmation by a majority vote
of all the Members of both Houses of the Congress,
voting separately.
SECTION 10. The Congress shall, at ten o’clock in the
morning of the third day after the vacancy in the
offices of the President and Vice-President occurs,
convene in accordance with its rules without need
of a call and within seven days enact a law calling
for a special election to elect a President and a
VicePresident to be held not earlier than forty-five
days nor later than sixty days from the time of such
call. The bill calling such special election shall be
deemed certified under paragraph 2, Section 26,
Article VI of this Constitution and shall become law
upon its approval on third reading by the Congress.
Appropriations for the special election shall be
charged against any current appropriations and
shall be exempt from the requirements of
paragraph 4, Section 25, Article VI of this
Constitution. The convening of the Congress cannot
be suspended nor the special election postponed.
No special election shall be called if the vacancy
occurs within eighteen months before the date of
the next presidential election.
SECTION 11. Whenever the President transmits to
the President of the Senate and the Speaker of the
House of Representatives his written declaration
that he is unable to discharge the powers and duties
of his office, and until he transmits to them a
written declaration to the contrary, such powers
and duties shall be discharged by the Vice-President
as Acting President.
Whenever a majority of all the Members of the
Cabinet transmit to the President of the Senate and
to the Speaker of the House of Representatives
their written declaration that the President is
unable to discharge the powers and duties of his
office, the Vice-President shall immediately assume
the powers and duties of the office as Acting
President.
Thereafter, when the President transmits to the
President of the Senate and to the Speaker of the
House of Representatives his written declaration
that no inability exists, he shall reassume the
powers and duties of his office. Meanwhile, should
a majority of all the Members of the Cabinet
transmit within five days to the President of the
Senate and to the Speaker of the House of
Representatives their written declaration that the
President is unable to discharge the powers and
duties of his office, the Congress shall decide the
issue. For that purpose, the Congress shall convene,
if it is not in session, within forty-eight hours, in
accordance with its rules and without need of call.
If the Congress, within ten days after receipt of the
last written declaration, or, if not in session, within
twelve days after it is required to assemble,
determines by a two-thirds vote of both Houses,
voting separately, that the President is unable to
discharge the powers and duties of his office, the
Vice-President shall act as the President; otherwise,
the President shall continue exercising the powers
and duties of his office.
SECTION 12. In case of serious illness of the
President, the public shall be informed of the state
of his health. The Members of the Cabinet in charge
of national security and foreign relations and the
Chief of Staff of the Armed Forces of the Philippines,
shall not be denied access to the President during
such illness.
Rules when there is a vacancy before the beginning
of the term of the president.
1. In case of death or permanent disability of
the president-elect- The vice president-elect shall
become the president.
2. In case of failure to elect the president- The
vice president shall act as president until the
president shall have been chosen and qualified.
3. In case no President or Vice President shall
have been chosen and qualified or were both shall
have
died or become permanently disabled-
The Senate president or in case of his inability the
Speaker of the house of representatives shall act as
president until a president or vice-president shall
have been chosen or qualified.
Congress shall by law provide for the manner in
which one who is to act as president shall be selected
until a president or vice-president shall have been
qualified, in case of death, permanent disability or
inability of the officials mentioned.
Rules if vacancy occurs during the incumbency of
the president
1. In case of death, permanent disability,
removal from office, resignation by the president-
The Vice President shall become the President to
serve the unexpired term.
2. In case of death, permanent disability,
removal from office, resignation by the president and
vicepresident- The Senate President or in case of his
inability, the Speaker of the House of
Representatives shall act as president until the
president or vicepresident shall have been elected or
qualified.
Rules and procedure if a vacancy occurs in the
offices
of the President and Vice President
1. At 10:00 AM of the 3rd day after said
vacancy occurs- Congress shall convene in
accordance with its rules without the need of a call.
2. Within 7 days- Congress shall enact a law
calling for a special election to elect a president and
an vice president.
3. Said special election shall be held- Not
earlier than 45 days nor later than 60 days from the
time of such call.
4. The bill calling such special election- Shall
be deemed certified under par 2, Sec 26, Art VI of
this constitution and shall become law upon its
approval on the 3rd reading by congress.
5. Appropriations for said special election-
Shall be charged against any current appropriations
and shall be exempt from the requirements of
paragraph 4 sec 25, Art VI of the constitution.
6. The convening of congress and the special
election- Cannot be suspended or postponed.
7. No special election shall be called- If the
vacancy occurs within 18 months before the date of
the next presidential elections.
Instances when there is presidential inability to
discharge powers and duties of his office
1. When the president transmits to the
senate president and to the speaker of the house of
representatives his written declaration that he is
unable to discharge the powers and duties of his
office- The powers and duties of his office shall be
discharged by the Vice President as Acting President.
2. When a majority of all the members of the
Cabinet transmit to the senate president and to the
speaker of the house their written declaration that
the president is unable to discharge the powers and
duties of his office- The vice president shall
immediately assume the powers and duties of the
office as acting president.
3. President re-assumes the powers and
duties of his office- He transmits to the senate
president and speaker of the house his written
declaration that no inability exists.
Cabinet members refutes the written declaration of
the president that no disability exists- Majority of all
the members of the cabinet should transmit within 5
days to the senate president and speaker of the
house their written declaration that the president is
unable to discharge the powers and duties of his
office. When this happens, the disability of the
president becomes an issue- Congress shall decide
such issue.
Issue of disability of the president procedure
1. If congress is not in session, it shall convene
within 48 hours in accordance with its rules and
without the
need of a call
2. Within 10 days from the receipt of the last
declaration, or within 12 days, if not in session, it
shall be determined by 2/3 vote of both houses,
voting separately that the president is unable to
discharge his powers and duties of his office.
3. If this disability is so declared, the vice
president shall act as president, otherwise, the
president shall continue exercising the powers and
duties of his office.
Serious illness of the president- The public shall be
informed of the state of his health. The members of
the cabinet in charge of the national security and
foreign relations and the chief of the armed forces
shall not be denied access to the president during
such illness.
SECTION 13. The President, Vice-President, the
Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in
this Constitution, hold any other
office or employment during their tenure. They
shall not, during said tenure, directly or indirectly,
practice any other profession, participate in any
business, or be financially interested in any contract
with, or in any franchise, or special privilege granted
by the Government or any
subdivision, agency, or instrumentality
thereof, including governmentowned or
controlled corporations or their
subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
Inhibitions of the President, Vice President,
Members of the Cabinet, their deputies and
assistants.
1. He shall not hold any other office during his
tenure.
2. He shall not during his tenure directly or indirectly
practice any other profession, participate in any
business, or be financially interested in any
contract with or in any franchise or special
privilege granted by the government or any
subdivision, agency, or instrumentality thereof,
including GOCCs or their subsidiaries.
3. He shall avoid conflict of interest in the conduct of
his office.
4. The spouse and relatives by consanguinity or
affinity within the 4th civil degree of the president
shall not during his tenure be appointed as
members of the Constitutional Commissions, or
the Office of the Ombudsman, or as secretaries,
undersecretaries, chairmen or heads of bureaus or
offices, including GOCCs and their subsidiaries.
President’s immunity from suit- The president
enjoys immunity from suit during his tenure. After
the tenure of the president, immunity for non-official
acts is lost. The rule is that unlawful acts of public
officials are not acts of the state and the officer who
acts illegally is not acting as such but stands in the
same footing as any other trespasser.
Soliven vs Judge Makasiar- The privilege from
immunity from suit pertains only to the president by
virtue of his office, hence, it may be invoked only by
himself and not by any other person in her behalf.
SECTION 14. Appointments extended by an Acting
President shall remain effective, unless revoked by
the elected President within ninety days from his
assumption or reassumption of office.
SECTION 15. Two months immediately before the
next presidential elections and up to the end of his
term, a President or Acting President shall not make
appointments, except temporary appointments to
executive positions when continued vacancies
therein will prejudice public service or endanger
public safety.
Restraint to a president or acting president in
extending appointments- 2 months immediately
before the next presidential elections and up to the
end of his term, a president or acting president shall
not make appointments, except temporary
appointments to executive positions when continued
vacancies therein will prejudice public service or
endanger public safety. Hence, only temporary
appointments can be extended and only to executive
positions when continued vacancies therein will
prejudice public service or endanger public safety.
Section 14 Art VII In relation to the following
provisions.
SECTION 4. (1) The Supreme Court shall be composed
of a Chief Justice and fourteen Associate Justices. It
may sit en banc or in its discretion, in divisions of
three, five, or seven Members. Any vacancy shall be
filled within ninety days from the occurrence thereof.
SECTION 9. Article VIII, The Members of the Supreme
Court and judges of lower courts shall be appointed
by the President from a list of at least three
nominees prepared by the Judicial and Bar Council
for every vacancy. Such appointments need no
confirmation.
Midnight appointments- Does not extend to
appointments in the judiciary. The prohibition is only
confined in the executive department.
Succeeding president cannot revoke appointments
to the judiciary made by an acting president- Sec 14
refers only to appointments in the executive
department. It has no application in the judiciary
because temporary or acting appointments can only
undermine the judiciary die to their being revocable
at will. Prior to their mandatory retirement or
resignation, judges of the first or second level courts
and the justices of third level courts may only be
removed for a cause, but the members of the
Supreme Court may be removed only by
impeachment.
SECTION 16. The President shall nominate and, with
the consent of the Commission on Appointments,
appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel
or naval captain, and other officers whose
appointments are vested in him in this Constitution.
He shall also appoint all other officers of the
Government whose appointments are not
otherwise provided for by law, and those whom he
may be authorized by law to appoint. The Congress
may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts,
or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make
appointments during the recess of the Congress,
whether voluntary or compulsory, but such
appointments shall be effective only until after
disapproval by the Commission on Appointments or
until the next adjournment of the Congress.
The scope of the President’s appointing power The
President shall nominate and with the consent of the
Commission of Appointments, appoint the following:
1. Heads of executive department-subject to
confirmation by CA
2. Ambassadors or other public ministers and
consuls- subject to confirmation by CA
3. Officers of the Armed Forces from the rank
of Colonel or Naval Captain- subject to confirmation
by CA
4. Other officers whose appointments are
vested in him in this constitution.
5. All other officers of the government whose
appointments are not provided for in law. 6. Anyone
whom he can appoint by authority of law.
Nature of appointing power by the president-
Executive in nature.
Can Congress usurp the exercise of appointing power
of the President is executive in nature – It violates
the principle of separation of powers if Congress
usurps such presidential prerogative of appointment.
(pg.571)
Regular appointment- It is an appointment made by
the president while congress is in session. It takes
effect only after confirmation by the Commission on
Appointments. Once the same is approved, it
continues until the end of the term of the
appointee.
Ad Interim appointment- It is an appointment made
by the president while congress in not in session. It
takes effect immediately but ceases to be valid if
disapproved by the Commission on Appointments or
upon the next adjournment of congress.
 a. Purpose of Ad interim appointment- to
prevent a hiatus in the discharge of
official duties.
b. It is permanent appointment
c. Effective immediately without need for
confirmation by the CA, but they are
effective until disapproved by the CA or
until the next adjournment of congress.
Ad interim vs Acting capacity
Acting capacity appointment
1. The said appointment is given to those which do
not need confirmation.
2. The appointment may be given even when
congress ins in session
Ad interim
1. This appointment refers only to positions
which need confirmation by the CA.
2. The appointment may be given only when
congress is not in session.
SECTION 17. The President shall have control of all
the executive departments, bureaus, and offices. He
shall ensure that the laws be faithfully executed.
Extent of control power of the president- Only refers
to the power of the president to make an
appointment but also the power to remove
whenever he deems it proper and necessary. He
suffers no legal constraint whatsoever in exercising
the said power of appointment and removal except
that constitutional officers can only be removed by
impeachment.
Doctrine of qualified political agency- Is a corollary
rule to the control powers of the president, under
this doctrine, which recognizes the establishment of
a single executive, all executive and administrative
organizations are adjuncts of the executive
department, the heads of the various executive
departments are assistants and agents of the Chief
Executive, and except, in cases where the CE is
required by the constitution or by law to act in
person on the exigencies of the situation which
demands that he acts personally, the multifarious
executive and administrative functions of the CE are
performed by and through the executive
departments and the acts of the secretaries of such
departments, performed and promulgated in the
regular course of business, are, unless disapproved or
reprobated by the CE presumptively the acts of the
CE. (Carpio vs Executive
Secretary)
Power of control- Power of an officer to alter or
modify or set aside what his subordinate had done in
the performance of his duties and to substitute the
judgment of the former for that of the latter.
Necessarily includes the power of supervision.
Power of supervision- Is the power of a superior
officer to ensure that the laws are faithfully executed
by inferiors.
SECTION 18. The President shall be the
Commanderin-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he
may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In
case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof
under martial law. Within forty-eight hours from
the proclamation of martial law or the suspension
of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in
writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its
Members in regular or special session, may revoke
such proclamation or suspension, which revocation
shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the
same manner, extend such proclamation or
suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist
and public safety requires it.
The Congress, if not in session, shall, within
twentyfour hours following such proclamation or
suspension, convene in accordance with its rules
without any need of a call.
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or
the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision
thereon within thirty days from its filing.

A state of martial law does not suspend the
operation of the Constitution, nor supplant the
functioning of the civil courts or legislative
assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall
apply only to persons judicially charged for rebellion
or offenses inherent in or directly connected with
the invasion.
During the suspension of the privilege of the writ,
any person thus arrested or detained shall be
judicially charged within three days, otherwise he
shall be released.
SECTION 19. Except in cases of impeachment, or as
otherwise provided in this Constitution, the
President may grant reprieves, commutations and
pardons, and remit fines and forfeitures, after
conviction by final judgment.
He shall also have the power to grant amnesty with
the concurrence of a majority of all the Members of
the Congress.
SECTION 20. The President may contract or
guarantee foreign loans on behalf of the Republic of
the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as
may be provided by law. The Monetary Board shall,
within thirty days from the end of every quarter of
the calendar year, submit to the Congress a
complete report of its decisions on applications for
loans to be contracted or guaranteed by the
Government or government-owned and controlled
corporations which would have the effect of
increasing the foreign debt, and containing other
matters as may be provided by law.
SECTION 21. No treaty or international agreement
shall be valid and effective unless concurred in by at
least two-thirds of all the Members of the Senate.
SECTION 22. The President shall submit to the
Congress within thirty days from the opening of
every regular session, as the basis of the general
appropriations bill, a budget of expenditures and
sources of financing, including receipts from existing
and proposed revenue measures.
Section 18- Military powers of the president
Section 19- Executive clemency
Section 20- Refers to the power to enter into
contracts or guarantee foreign loans in behalf of the
republic. Section 21- Foreign relations
Section 22- Submission and recommendation of
budget of receipts and expenditures to congress.
Section 23- State of the Nation address.
Powers of the president
1. Executive power
2. Appointment power
3. Control power
4 Military power
5. Pardoning power
6. Borrowing power
7. Diplomatic power
8. Budgetary power
9. Informing power
10 Other powers
Designation- A person who is already in the public
service is given additional duties. These duties are
usually imposed by law.
Appointment- The person who shall exercise the
function of a given office is selected by the authority
vested with the power to make a selection.
Commission- Written evidence of the appointment.
Steps in the appointment process:
1. President makes the nomination.
2. The same is submitted to the CA for confirmation.
3. The appointee makes an acceptance of the
appointment.
Power of appointment- essentially a discretionary
power.
Limitations of power of appointment
1. The appointee should possess the minimum
requirements prescribed by law for the position. 2.
When an appointment is made by an acting
president, the same shall remain effective unless
revoked by the elected president within 90 days from
his assumption of office.
3. Two months immediately before the next
presidential elections and up to the end of his term,
a president or acting president shall not make
appointments except temporary appointments to
executive positions when continued vacancies
therein will prejudice public service or endanger
public safety.
4. Congress may limit presidential power of
appointment by prescribing qualifications for public
office.
5. The judiciary may annul an appointment
made by the president if the appointee is not
qualified or has been validly confirmed.
Power of removal- Implied from the power to
appoint. However, the president cannot remove
officials appointed by him where the constitution
prescribes certain methods for separation of such
officers from public service.
Villaluz vs Zaldivar- The president can discipline
members of the career service of the civil service
who are appointed by him.
Classification of appointments
1. Permanent
2. Temporary
Permanent- A permanent appointment is extended
to persons who possess the required eligibility. As
such, they enjoy security of tenure.
Temporary- It is revocable at will and without the
necessity of just cause or valid investigation. As the
term itself connotes, the temporary appointee may
be replaced at anytime a permanent choice is made.
Effect of designation- Like a temporary appointment,
is not subject to confirmation by the CA. When a
person is merely designated, and not appointed, he
shall hold office in a temporary capacity and he may
be removed at will by the appointing power.
Control- It is the power of an officer to alter, modify,
or nullify or set aside what a subordinate officer had
done in the performance of his duties and to
substitute the judgment of the former for that of the
latter.
Supervision- It is the power or authority of an officer
to see that subordinate officers perform their duties,
and if the latter fail or neglect to fulfil them, then the
former may take such an action or steps as
prescribed by law.
Alter ego principle- The members of the cabinet of
the president are referred to as his alter egos for
even if they are the heads of the different
departments of the government, they are considered
as the extension of the personality of the president.
For this reason, acts performed and promulgated in
the regular acts of business, are, unless disapproved
or reprobated by the Chief Executive, presumptively
the acts of the Chief Executive.
Decisions of Cabinet Members and other
subordinate executive officers- Subject to appeal to
the President by way of Exhaustion of administrative
remedies except in the instances when the Doctrine
of Qualified Political Agency applies.
Military Powers
He may call out such armed forces to prevent or
supress lawless violence, invasion, or rebellion. In
case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding 60
days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof
under martial law.
1. The President shall be the Commander-inchief
of all Armed Forces of the Philippines and
whenever it becomes or necessary, he may call
out such armed forces to prevent or suppress
lawless violence, invasion, or rebellion.
2. He may enforce discipline in the armed forces
through courts martial which may be created
by the president under and by virtue of his
power as commander-in-chief of the Armed
Forces of the
Philippines.
The Difference between the Military rule and
Martial rule
-Military rule arises when there is a war between two
or more countries. (ex. RP v. Country A or A & B). -
Martial rule arises on account of an emergency
resulting from public disorder. (ex. In case of invasion
or rebellion, when the public safety requires it, the
President may, for a period of not exceeding 60 days,
suspend the privilege of habeas corpus or place the
Philippines or any part thereof under martial rule.)
The president has no power to declare war or
existence of the state of war. (Section 23, Article VI
Congress the Sole power to declare the existence of
state of war, not the power to declare war.
Suspension of the Writ of Habeas Corpus
1. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding
60 days, suspend the privilege of the writ of habeas
corpus. (the writ of habeas corpus extends to all
cases of illegal confinement or detention by which
any person is deprived of his liberty, or by which the
rightful custody of any person is withheld from the
person entitled thereto)
Writ of Habeas Corpus – produce the body
WRIT OF AMPARO – show evidence
Limitations to the military powers of the president
1. He may call out the armed forces to prevent
or supress lawless violence, invasion, or rebellion
only.
2. The grounds for the suspension of the
privilege of the writ of habeas corpus and the
proclamation of martial law are now limited only to
invasion or rebellion.
3. The duration of suspension should not
exceed 60 days following which it shall be lifted,
unless extended by congress.
4. The President shall submit a report in
person or in writing to the Congress within 48 hours
from the proclamation of martial law or the
suspension of the privilege of the writ of habeas
corpus.
4. The congress, voting jointly, by a vote of at
least a majority of all its members in the regular or
special session, may revoke such proclamation or
suspension, which revocation shall not be set aside
by the president.
5. Congress may extend such proclamation or
suspension for a period to be determined by the
congress, if the invasion or rebellion shall persist and
public safety requires it.
6. The Supreme Court may review, in an
appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of
martial law or the suspension of the writ of habeas
corpus or the extension thereof, and must
promulgate its decision thereon within 30 days from
filing.
7. The suspension of the privilege of the writ
shall apply only to persons judicially charged for
rebellion or offenses inherent or directly connected
with the invasion.
8. A state of martial law does not suspend the
operation of the constitution, nor supplant the
functioning of the civil courts or legislative
assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over
civilians where the civil courts are able to function,
nor automatically suspend the privilege of the writ.
9. During the suspension of the privilege of the
writ, any person thus arrested or detained shall be
judicially charged within 3 days otherwise he shall be
released.
Conditions for congress to grant emergency powers
to the president (David vs Arroyo)
1. There must be a war or other emergency;
economic, natural disaster, national security.
2. Delegation must be for a limited period only.
3. The delegation must be subject to such restrictions
as the congress may prescribe
4. The emergency powers must be exercised to carry
out a national policy declared by congress.
 c. the superior failed to take the necessary and
Resolution despite mootness of the petition reasonable measures to prevent the criminal acts or
grounds punish the perpetrators thereof. (Rodriguez v
(David vs Arroyo) Macapagal-Arroyo, 2011
1. When paramount public interest is involved.
2. When there is a grave violation of the constitution.
3. When there is a need to formulate principles for
the guidance of the bench, the bar, and the public.
4. When the decision is capable of repetition, yet
evading review.

Limitations to the power to suspend the privilege of

Habeas Corpus and to impose Martial Law

1. 60 day limit- The president may, for a

period not exceeding 60 days, suspend the writ of
habeas corpus or place the Philippines or any part
thereof under Martial Law.

2. President’s report in person or in writing to

congress- Within 48 hours from the proclamation of
POWERS OF THE PRESIDENT
martial law or the suspension of the writ of habeas
corpus, the president shall submit a report in person
Military Power – The President shall be the
or in writing to congress.
commander in chief of all armed forces of the
Philippines and whenever it becomes necessary he
3. Review and possible revocation by
may call out such armed forces to prevent or
congress- The congress, voting jointly, by a vote of at
suppress lawless violence, invasion or rebellion.
least a majority of all its members in regular or
special session, may revoke such proclamation or
Martial Law Power – In case of invasion or rebellion,
suspension, which revocation shall not be set aside
when the public safety requires it, he may, for a
by the president.
period not exceeding 60 days, suspend the privilege
of the writ of habeas corpus or place the Philippines
4. Review and possible nullification by the
or any part thereof under martial law.
Supreme Court- The SC may review, in an
appropriate proceeding filed by any citizen, the
Diplomatic Power – The President has the power to
sufficiency of the factual basis of the proclamation of
1. Make treaties
martial law on the suspension of the privilege of the
2. Appoint ambassadors, other public
writ or the extension thereof, and must promulgate
its decision within 30 days from its filing. ministers and consuls
3. To receive ambassadors and other
public ministers daily accredited to the
Philippines.
To hold someone liable under the doctrine of
command responsibility, the following elements
Pardoning power- It is an act of grace given by those
must obtain:
who have the power ad authority to execute laws
a. the existence of a superior-subordinate
which exempts the individual subject of pardon from
relationship between the accused as superior and
the punishment which the law inflicts for a crime he
the perpetrator of the crime as his subordinate;
has committed.
b. the superior knew or had reason to know
that the crime was about to be or had been
Borrowing power- The president may contract or
committed; and
guarantee foreign loans on behalf of the republic
with the prior concurrence of the monetary board,
and subject to such limitations as may be provided by
law. The monetary board shall submit to congress a
report on loans within 30 days from the end of every
quarter.
Executive Clemency- It is an executive function and
not a function of the judiciary. It is also a
nondelegable power and it can only be exercised by
the president personally.
Reprieve- The execution of the sentence is stayed or
postponed.
Parole- The person subject of the parole is released
from imprisonment but his liberty is not fully
restored because the parolee is still considered in the
custody of the law although he is not in confinement.
Amnesty- It is an act of grace given with the
concurrence of congress. It is usually extended to
groups of persons who committed political offenses
and it abolishes the offense itself.
Commutation- The penalty is mitigated or reduced.
Difference between pardon and amnesty
Pardon
1. Granted by the Chief Executive and
therefore it is a private act which must be pleaded
and proved by the person pardoned because the
courts take no notice thereof.
2. It is granted to one after his conviction by
final judgment.
3. Pardon looks forward and relieves the
offender from the consequences of an offense of
which he has been convicted. It abolishes or forgives
the punishment and for that reason it does not work
the restoration of the rights to hold public office, or
the right to suffrage unless such rights be expressly
restored by the terms of the pardon, and it in no
case exempts the culprit from the payment of the
civil indemnity imposed upon him by the sentence.
4 Private act
Amnesty
1. It is a proclamation of the Chief Executive with the
concurrence of congress. Hence, it is a public act
which the court shall take judicial notice.
2. Amnesty is granted to classes of persons or
communities who may be guilty of political
offenses, generally before or after the institution
of the criminal prosecution and sometimes after
conviction.
3. Amnesty looks backward and abolishes and puts
into oblivion the offense itself, it so overlooks and
obliterates the offense with which he is charged
that the person released by amnesty stands before
the law precisely as though he had committed.
4. Public act, court take judicial notice
PAROLE VS. PARDON. VS PROBATION
Pardon – Granted by the president, it his presidential
prerogative. To wipe an offender’s record clean free
from any remaining penalties. Pardon can be
absolute or conditional in our country.
Probation – Given to this person as an alternative to
imprisonment. It is given not by the president but by
the court. It is used prior to or instead of
imprisonment which means that the offender will
simply spend time on probation rather than going to
jail.
Parole – Given by the parole board after an offender
had served the minimum sentence in jail.
2 Kinds of Pardon
1. Absolute
2. Conditional
A pardon whether absolute or conditional, is in the
nature of a deed for the validity of which delivery is
an indispensable requisite. Until accepted, all
benefits to the grantee may be cancelled. But once
accepted by the grantee, the pardon already
delivered cannot be revoked by the authority which
granted it.
Absolute pardon- Is complied with even without
acceptance of the person pardoned. Cannot be
rejected.
Conditional pardon- Has no force until it is accepted
by the one condemned. May be rejected
 2. The only restriction that the constitution
Limitations on the pardoning power provides aside from the prior concurrence of the
monetary board, is that the loans must be subject to
1. It cannot be granted in cases of impeachment. the limitations provided by law.

2. It cannot be granted in cases of violation of 3. Sec 1 of RA 245- It empowers the secretary

election laws without the favourable of finance with the approval of the president and
recommendation of the COMELEC. after consultation with the monetary board, to
borrow from time to time on the credit of the
3. It can be granted only after conviction by final Republic of the Philippines such sum or sums as in his
judgment. judgment may be necessary, and to issue therefore
a. People vs Salle- The court declared that evidences of indebtedness of the
the 1987 Constitution prohibits the grant of Philippine Government. Ineluctably
then, while the president wields the borrowing
pardon whether full or conditional, to an
power it is the Sec. of Finance who normally carries
accused during the pendency of his appeal
out its thrusts.
from the judgment of conviction by the trial
court. Any application for pardon should not
Diplomatic Power
be acted upon, or the process toward is
grant should not be begun, unless the
appeal is withdrawn. Treaty- It is concluded by the president with the
advice and consent of the senate. No treaty or
4. It cannot be granted in cases of legislative
international agreement shall be valid and effective
contempt, or civil contempt as it violates the
unless concurred in by at least 2/3 of all the
separation of powers.
members of the senate.
5. It cannot absolve the convict of the civil liability.
Executive agreement- Is concluded by the president
Because it could affect the lifeof privte person
based on authority granted by congress or based on
the inherent authority granted the president by the
6. It cannot restore public offices forfeited.
constitution.
*Other criminal offenses if any which are separate
Budgetary power- The president shall submit to
and distinct from political offenses and not absorbed
congress within 30 days from the opening of every
in the rebellion, are not included in amnesty
regular session, as the basis of the general
appropriations act, a budget of expenditures and
Borrowing power- The president may contract or
sources of financing, including receipts from existing
guarantee foreign loans on behalf of the republic
and proposed revenue measures.
with the prior concurrence of the monetary board,
and subject to such limitations as may be provided by
Informing power- The president shall address the
law. The monetary board shall submit to congress a
congress at the opening of its regular session. He
report on loans within 30 days from the end of every
may also appear before it any time.
quarter.
Other powers of the president 1.
Sps Renato Constantino et al vs Hon. Jose B. Cusia et
Approve or veto bills.
al.
2. Emergency powers 3.
Tariff power.
1. The constitution allows the president to
4. General supervision over local governments
contract and guarantee foreign loans. It makes no
and autonomous regional governments.
prohibition on the issuance of certain kinds of loans
5. May give his consent to deputized
or distinctions as to which kind of debt instrument
government personnel by the Commission on
are more onerous than the other.
elections and to discipline its deputies. 6. Call
congress to a special session.

The doctrine of exhaustion of
administrative remedies
DOCTRINE QUALIFIED POLITICAL AGENCY
Article VIII: Judicial Deparment
SECTION 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and
to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
Lower Courts – Section 2 Judicial Reorganization Act
of 1980
1. Court of Appeals- Presiding Justice and 50
Associate Justices, 17 Divisions each composed of
3 members.
2. Regional Trial Court- 20 Judicial Regions
3. Metropolitan Trial Court- Established in each
Metropolitan area.
4. Municipal Circuit Trial Courts- Established in each
circuit composing such cities and/or municipalities
as are grouped together pursuant to law.
Courts not mentioned in the Judiciary
Reorganization Act of 1980 but they are considered
part of the judicial department
1. Sandiganbayan- Created by PD 1606 as amended.
Exclusive original jurisdiction
1. Violations of the Anti- graft and corrupt
practices act and Chapter II, Sec 2, Title
VII, Revised Penal Code.
2. Other offenses or felonies committed by
public officers and employees in relation
to their office, including those employed
in GOCCs whether simple or complexed
with other crimes, where the penalty
prescribed by law is higher than prision
correctional or imprisonment for 6 years
or a fine of 6000; Provided, however, that
offenses or felonies mentioned in this
paragraph where the penalty prescribed
by law does not exceed prision
correctional or imprisonment of 6 years
or a fine of 6000 shall be tried by the
proper Regional Trial Court and Municipal
Circuit Trial Court.
Appellate jurisdiction
1. On appeal, from the final judgment,
resolutions or orders of the RTC in cases
originally decided by them in their
respective territorial jurisdiction.
2. By petition for review, from the
final judgments, resolutions, or orders of
the RTC in the exercise of their appellate
jurisdiction over cases originally decided by
the MeTC, MTC, or MCTC in their respective
jurisdiction.
2. Court of Tax Appeals- Created by RA 1225.
Exclusive original jurisdiction to review on
appeal the following:
1. Decisions of the Commissioner of Internal
Revenue in
a. Cases involving disputed
assessments, refunds of internal
revenue taxes, or other charges,
penalties imposed in relation
thereto.
b. Other matters arising
under the NIRC or other law or part
of law administered by the BIR. 2.
Decisions of the Commissioner of
Customs
in
a. Cases involving liability for
customs duties, fees, or other
money charges, seizure,
detention or release of property
 affected, fines, forfeitures, or
other penalties imposed in
relation thereto.
b. Other matters arising under the
Customs Law or other laws
administered by the Bureau of
Customs
3. Decisions of Provincial or City Boards of
Assessment Appeals
a. Cases involving the
assessment and taxation of real
property.
b. Other matters arising
under the Assessment Law now the
Local Government Code, including
rules and regulations relative
thereto.
3. Sharia District Courts- Vreated by PD 1083 or the
Code of Muslim Personal Laws of the Philippines.
Exclusive original jurisdiction 1. All cases
involving custody, guardianship,
legitimacy, paternity, and filiation
arising under the code.
2. All cases involving the
disposition, distribution, and
settlement of the estate of
deceased muslim, probate of wills,
issuance of letters administration
or appointment of administrators
or executors regardless of the
nature or the aggregate value of
the property.
3. Petitions for declaration of
absence and death for cancellation
or correction of entries in the
Muslim registries mentioned in
Title VI of Book 2 of the code.
4. All actions arising from
customary contracts in which the
parties are muslims, if they have
not specified which law shall gover
their relations.
5. All petitions for
mandamus, prohibition, injunction,
certiorari, habeas corpus, and
other auxiliary writs and processes
in aid of its appellate jurisdiction.
Original Jurisdiction 1. Petition by muslims
or the constitution of a family
home, change of name and
commitment of an insane person to
any asylum. 2. All other personal
and real actions not mentioned in
paragraph 1 (d) wherein the parties
involve are muslims except those
for forcible entry and unlawful
detainer, which shall fall under the
exclusive original jurisdiction of the
MCTC and
3. All special civil actions for
interpleader or declaratory relief
wherein the parties are muslims or
the property involved belongs
exclusively to muslims.
4. Sharia Circuit Courts- Created by PD 1083
Exclusive Jurisdiction
1. Offenses defined and
punished under the code.
2. All civil actions and
proceedings between parties who
are muslims or have been married
in accordance with art 13 involving
disputes
relating to
a. marriage
b. Divorce recognized under this
code
c. Betrothal or breach of contract
to marry
d. Disposition and distribution of
property upon divorce
e. Maintenance and support, and
consolatory gifts
f. Restitution of marital rights
g. All cases involving disputes
relative to communal properties.
Traditional concept of judicial power- Refers only to
the authority to settle justiciable controversies or
disputes involving rights that are enforceable and
demandable before the court of justice or the
redress of wrongs for the violation of such rights.

New definition of judicial power (expanded
jurisdiction and authority) - The traditional concept
of judicial power, ad above- mentioned, including
now the duty of the courts to determine whether or
not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on any
part of any branch or instrumentality of the
government, constitutes the totality of the judicial
power which is now vested by our constitution in one
Supreme Court and in such lower courts as may be
established by law.
To determine whether or not grave abuse of
discretion amounting to lack or excess of jurisdiction
was committed goes beyond the mere legality of a
questioned act, or transaction, whether it is
committed or entered into by the highest official of
the land or any other official or branch of the
government.
New Concept of judicial power
1. The abuse of diheadscretion, as alleged,
must be grave which amounts to lack or excess of
jurisdiction.
2. The alleged grave abuse of discretion will
have yet to be determined by the courts of justice
particularly the SC.
3. That if indeed it is true that there exists a
grave abuse of discretion amounting to lack or excess
of jurisdiction, our courts of justice, particularly the
SC, can check even congress and the president or
even constitutional bodies because they fall within
the phrase “branch or instrumentality of the
government”.
When there is grave abuse of discretion- There is
grave abuse of discretion where the power is
exercises in an arbitrary or despotic manner by
reason of passion, prejudice, or personal hostility
amounting to an evasion of positive duty or to a
virtual refusal to perform the duty enjoined or not to
act at all in contemplation of law.
Any vacancy shall be filled within ninety (90) days
from the occurrence thereof. The Member of the
Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least
three nominees prepared by the Judicial and Bar
Council for every vacancy, such appointments need
no confirmation. Appointment of Members of the
Supreme Court and Judges of Lower Court
Nonpolitical process of selection appointment – the
appointing power is vested alone in the President.
List of at least three years nominees- the President
shall appoint from a list of at least 3 nominees
prepared by the Judicial and Bar Council for every
vacancy. Judicial and Bar Council – instead of leaving
its creation to legislation, the Constitution itself
creates the council providing at the same time its
composition, appointment of the members, their
term of office, their emoluments, and their functions.
Constitutional safeguards that guarantee the
independence of the judiciary
1. Members of the judiciary have security of tenure.
2. Members of the SC can only be removed by
impeachment.
3. The SC is a constitutional body, hence it may not
be abolished by the legislature.
4. The SC has administrative supervision over all
other courts.
5. The SC has exclusive power to discipline judges/
justices of inferior courts.
6. The SC may not be deprived of the minimum
original and appellate jurisdiction. Appellate
jurisdiction may not be increased without its
advice and concurrence.
7. The members of the judiciary may not be
designated to any agency performing quasi-judicial
or administrative functions.
8. The judiciary enjoys fiscal autonomy.
9. The SC alone may initiate rules of court.
10. The SC alone may order temporary detail of
judges.
11. The SC can appoint all officials and
employees of the judiciary.
12. Salaries of judges may not be reduced.
Principle of Judicial Hierarchy of Courts- In the
observance of this principle, petitions for the
issuance of extraordinary writs against first level
courts should be filed with the RTC and those
against the latter, the CA. A direct invocation of
the SC’s original jurisdiction to issue these writs
 should be allowed only when there are special and
important reasons therefore, clearly and
specifically set out in the petition.
Doctrine of Judicial Stability- No court can interfere
by injunction with the judgment or orders of another
court of concurrent jurisdiction having the power to
grant the relief sought by the injunction.
Agan Jr et al vs PIATCO- There is fundamental
difference between a case in court and an
investigation of a congressional committee. The
purpose of a judicial proceeding is to settle the
dispute in controversy by adjudicating on the legal
rights and obligations of the parties to the case. On
the other hand, a congressional investigation is
conducted in aid of legislation. Its aim is to assist and
recommend to the legislature a possible action that
the body may take with regard to a particular issue,
specifically as to whether or not to enact a new law
or amend an existing one.
The court cannot treat the findings in a congressional
committee report as binding because the facts
elicited in congressional hearings are not subject to
the rigors of the Rules of Court on admissibility of
evidence. The court in assuming jurisdiction over the
petitions at bar simply performed its constitutional
duty as the arbiter of legal disputes properly brought
before it, especially I this instance when public
interest requires nothing less.
SECTION 2. The Congress shall have the power to
define, prescribe, and apportion the jurisdiction of
various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in
Section 5 hereof.
No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its
Members.
Limitations on the congress’ power to create courts
1. This power may not deprive the SC of its
jurisdiction over cases enumerated in sec 5.
2. No law shall be passed reorganizing the judiciary
when it undermines the security of tenure of its
members.
SECTION 3. The Judiciary shall enjoy fiscal
autonomy. Appropriations for the Judiciary may not
be reduced by the legislature below the amount
appropriated for the previous year and, after
approval, shall be automatically and regularly
released.
Fiscal autonomy means that local governments have
the power to create their own sources of revenue in
addition to their equitable share in the national taxes
released by the National Government, as well as the
power to allocate their resources in accordance with
their own priorities.
Congress cannot reduce the appropriations for the
judiciary below the amount appropriated for the
previous year and after approval, the amount
appropriated shall automatically and regularly
released.
Judicial privilege- Certain information contained in
the record of a case before the court are considered
confidential and are exempt from disclosure
Inter-departmental courtesy- Holds that each branch
of the government is considered separate, co-equal,
coordinate and supreme within its own sphere under
the legal and political reality of one overarching
constitution that governs one government and one
nation for whose benefit all the 3 separate branches
must act with unity.
SECTION 4. (1) The Supreme Court shall be
composed of a Chief Justice and fourteen Associate
Justices. It may sit en banc or in its discretion, in
divisions of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the
occurrence thereof.
(2) All cases involving the constitutionality of a
treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court en
banc, and all other cases which under the Rules of
Court are required to be heard en banc, including
those involving the constitutionality, application, or
operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence
of a majority of the Members who actually took
part in the deliberations on the issues in the case
and voted thereon.
(3) Cases or matters heard by a division shall
be decided or resolved with the concurrence of a
majority of the Members who actually took part in
the deliberations on the issues in the case and
voted thereon, and in no case, without the
concurrence of at least three of such Members.
When the required number is not obtained, the
case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the court
in a decision rendered en banc or in division may be
modified or reversed except by the court sitting en
banc.
Cases that should be heard by the SC en banc
A. Constitutionality of the ff:
1. Treaty
2. International agreement
3. Executive agreement
3. Law
B. All other cases which under the Rules of
Court are required to be heard en banc
C. All cases involving the constitutionality,
application, or operation of
1. Presidential Decrees
2. Proclamations
3. Orders
4. Instructions
5. Ordinances
6. And other regulations
Supreme Court En Banc- Cases are decided by the
concurrence of a majority of the members who
actually took part in the deliberations on the issues in
the case and voted thereon.
7- Is the majority of 12-
Matters heard by a division- Shall be decided or
resolved with the concurrence of a majority of the
members who actually took part in the deliberations
on the issues in the case and voted thereon, and in
no case, without the concurrence of at least 3 of such
members.
When the required number is not obtained, the case
shall be decided en banc. Provided, that no doctrine
or principle of law laid down by the court in a
decision rendered en banc or in division may be
modified or reversed except by the court sitting en
banc.
SECTION 5. The Supreme Court shall have the
following powers:
(1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify, or affirm
on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of
lower courts in:
(a) All cases in which the constitutionality or
validity of any treaty, international or executive
agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in
question.
(b) All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty imposed
in relation thereto.
(c) All cases in which the jurisdiction of any
lower court is in issue.
(d) All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question
of law is involved.
(3) Assign temporarily judges of lower courts
to other stations as public interest may require.
Such temporary assignment shall not exceed six
months without the consent of the judge
concerned.
(4) Order a change of venue or place of trial to
avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection
and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission
to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by
the Supreme Court.
(6) Appoint all officials and employees of the
Judiciary in accordance with the Civil Service Law.
SECTION 6. The Supreme Court shall have
administrative supervision over all courts and the
personnel thereof.
Powers of the Supreme Court
1. Jurisdiction- Section 5 (1) and (2) 2. Auxiliary
administrative powers Section 5 (3) (4) (5)
(6) Section 6.
Jurisdiction
Original jurisdiction
1. Sec 5 (1)
a. Cases affecting ambassadors, other
public ministers and consuls
b. Petitions for certiorari,
prohibition,
mandamus, quo warranto, habeas corpus
Appellate Jurisdiction
1. Sec 5 (2)
a. Constitutionality or validity of a
treaty, international or executive
agreement, law, presidential decree,
proclamation, order, instruction, ordinance,
or regulation.
b. Legality of any tax, impost,
assessment, or toll or any penalty imposed
in relation thereto
c. All cases in which the jurisdiction of
any lower court is in issue.
d. All criminal cases in which the
penalty imposed is reclusion perpetua or
higher.
Auxiliary Administrative Powers
1. Sec 5 (3)- Assign temporarily judges of the lower
courts to other stations as public interest may
require. Such temporary assignment shall not
exceed 6 months without the consent of the judge
concerned.
2. Sec 5 (4)- Order a change of venue or ploace of
trial to avoid a miscarriage of justice
3. Sec 5 (5)- Promulgate rules concerning the
1. Protection and enforcement
of
constitutional rights
2. Pleading
3. Admission to the practice of law
4. Practice and procedure in all courts
5. Integrated bar
6. legal assistance to the underprivileged
7. Simplified and inexpensive
procedure for the speedy disposition of
cases
8. Rules of procedure of special courts and
quasi-judicial bodies.
4. Sec 5 (6)- Appoint all officials and employees of the
judiciary in accordance with the Civil Service Law.
5. Sec 6- The Supreme Court shall have
administrative supervision over all courts and the
personnel thereof.
Increase/ decrease of jurisdiction- Congress may not
diminish the jurisdiction granted by the constitution
to the SC, but it may diminish the jurisdiction granted
by a statute.
Power of judicial review/ Judicial Supremacy- It is
the assertion of the solemn and sacred obligation
assigned to the judiciary by the constitution to
determine conflicting claims of authority under the
constitution and to establish for the parties in an
actual controversy the right which that instrument
secures and guarantees the,
Requisites of judicial review or inquiry
1. There must be an actual case or controversy.
2. The question of constitutionality must be
raised by the proper party.
3. The constitutional question must be raised
at the earliest possible opportunity.
4. The decision of the constitutional question
must be necessary to the determination of the case
itself.
Actual case or controversy- Real and substantial
controversy, and not merely a dispute of a
hypothetical character, which is cognizable by a court
of justice and which it can decide on the basis of an
existing law and jurisprudence.
The conflict must be one that has assumed the
propositions of a full scale controversy between the
parties who have contrasting assertions, and on
account of which, they pray for relief or reliefs
contrary to the relief of the other, leaving the court
no other alternative than to decide on the merits of
the case on the basis of what it finds proper and just
according to law and jurisprudence. This is different
from an advisory opinion where the relief being
asked is merely that of asking an opinion, suggestion,
or comment, instead of a decision which determines
the conflicting claims of the parties.
Proper parties- Is one who has sustained or is in
immediate danger of sustaining an injury as a result
of the act as complained of. Until and unless such
actual or potential injury is established, the
complainant cannot have the legal personality to
raise the constitutional question.
People vs Vera
General rule: The question of constitutionality must
be raised at the earliest possible opportunity, so that
if not raised by the pleadings, ordinarily it may not be
raised at trial and if not raised in the trial court, it will
not be considered on appeal.
Exception:
1. In criminal and civil cases, the constitutional
question can be raised at any time in the
discretion of the court, or if it is necessary to the
determination of the case itself.
2. Question for lack of jurisdiction may be raised at
anytime even on appeal. Except: Principle of estoppel
Cases of legal standing
1. Taxpayers- illegal disbursement of funds.
2. Intergenerational responsibility- right to a
balanced and healthful ecology.
3. Concerned citizens- issues of transcendental
importance.
Section 1. Petition for certiorari. — When any
tribunal, board or officer exercising judicial or
quasijudicial functions has acted without or in excess
its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction,
and there is no appeal, or any plain, speedy, and
adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition
in the proper court, alleging the facts with certainty
and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or
officer, and granting such incidental reliefs as law and
justice may require.
The petition shall be accompanied by a certified true
copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn
certification of non-forum shopping as provided in
the third paragraph of section 3, Rule 46. (1a)
Section 2. Petition for prohibition. — When the
proceedings of any tribunal, corporation, board,
officer or person, whether exercising judicial,
quasijudicial or ministerial functions, are without or
in excess of its or his jurisdiction, or with grave abuse
of discretion amounting to lack or excess of
jurisdiction, and there is no appeal or any other
plain, speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may file a
verified petition in the proper court, alleging the facts
with certainty and praying that judgment be
rendered commanding the respondent to desist
from further proceedings in the action or matter
specified therein, or otherwise granting such
incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a
certified true copy of the judgment, order or
resolution subject thereof, copies of all pleadings and
documents relevant and pertinent thereto, and a
sworn certification of non-forum shopping as
provided in the third paragraph of section 3, Rule 46.
(2a)
Section 3. Petition for mandamus. — When any Justiciable Question- Where the vortex of
tribunal, corporation, board, officer or person controversy refers to the legality or validity of the
unlawfully neglects the performance of an act which contested act , the matter is justiciable and not
the law specifically enjoins as a duty resulting from political.
an office, trust, or station, or unlawfully excludes
another from the use and enjoyment of a right or EXAMPLE
office to which such other is entitled, and there is no POLITICAL QUESTIONS JUSTICIABLE QUESTION
other plain, speedy and adequate remedy in the
ordinary course of law, the person aggrieved thereby The authority of the The Determination of
may file a verified petition in the proper court, Senate to punish and whether or not a
alleging the facts with certainty and praying that constitutional provision
detain a witness for
judgment be rendered commanding the respondent,
contempt is within its has been followed or
immediately or at some other time to be specified by
discretionary power not s a justiciable
the court, to do the act required to be done to
and authority and it is question.
protect the rights of the petitioner, and to pay the
damages sustained by the petitioner by reason of the therefore a political
wrongful acts of the respondent. question. For this
reason, the Supreme
The petition shall also contain a sworn certification of Court refused to order
non-forum shopping as provided in the third the release of the
paragraph of section 3, Rule 46. (3a)
witness. (Amault v.
Balagtas)
Quo Warranto -

Habeas Corpus Rule 102- This is a writ directed to a

person detaining another and commanding him to
produce the body of the prisoner at a certain time
and place and to state the cause of his action
detention. Habeas corpus is a remedy to relieve
persons from unlawful restraint.
REGARDING AUXILIARY ADMINISTRATIVE POWER
OF THE SUPREME COURT AS AFOREMENTIONED
Limitations of the power of the Supreme Court to
promulgate rules concerning pleading, practice, and
procedure and admission to the practice of law 1.
Shall provide a simplified and inexpensive procedure
for the speedy disposition of cases. 2. Shall be
uniform for all courts of the same grade. 3. They shall
not diminish, increase, or modify substantive rights.
Political Question- It is a question of policy. It refers
to those questions which under the constitution, are
to be decided by the people in their sovereign
authority, or in regard to which full discretionary
authority has been delegated to the legislative or
executive branch of the government (Tanada v
Cuenco) Political questions are neatly associated with
the wisdom , not the legality of a particular measure.
i.e, policy issues
Effects of a statute which is declared
unconstitutional
1. Orthodox view- Under this view, an
unconstitutional act, whether legislative or
executive, is not a law, confer no rights, imposes no
duties and affords no protection.
2. Second view- The SC simply ignores statutes
deemed unconstitutional. It does not strike the
statute from the books, it does not repeal,
supersede, revoke, or annul the statute.
Requisites for declaration of partial
unconstitutionality
1. That the legislature is willing to retain the
valid portion even if the rest is declared illegal (with
separability clause).
2. The valid portions can stand independently
as a separate statute.
Writ of Amparo- It is a remedy available to any
prson whose right to life, liberty and security has
been violated or is threatened with violation by an
unlawful act or omission of a public official or
employee, or of a private individual or entity.
It holds public authorities, those who took their oath
to defend the constitution and enforce our laws, to a
higher standard of official conduct and hold them
accountable to our people.
Constitutional basis of the writ- Sec 5 (5) Art VIII of
the constitution- Powers to promulgate rules
concerning the protection and enforcement of
constitutional rights, pleading, practice, and
procedure in all courts.
It is broad enough to protect individuals not only
against actual violations but also against threats of
violation of rights
And it covers not only unlawful acts or omissions of
public officials or employees but also that of private
individuals or entities.
Writ of Habeas Data- It is a remedy available to any
person whose right to privacy in life, liberty, or
security is violated or threatened by an unlawful act
or omission of a public official or employee, or of a
private individual or entity engaged in the gathering,
collecting, or storing of data or information regarding
the person, family, home, and correspondence of the
aggrieved party.
This compels the government and military officials to
allow families of victims of enforced disappearances
access to official documents by invoking the right of
truth. The said writ has been used in solving the
problem of extralegal killings and enforced
disappearances in Latin American countries under
military dictatorship.
Enforced disappearance of persons- Means the
arrest, detention, or abduction of persons by, or with
the authorization, support, or acquiescence of a state
or a political organization, followed by a refusal to
acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those
persons, with the intention of removing them from
the protection of the law for a prolonged period of
time.
Hearings in chambers- Where the respondent
invokes the defense that the release of the data or
information in question shall compromise national
security or state secrets or when the data or
information cannot be divulged to the public due to
its nature or privileged character.
Writ of kalikasan- It is a legal remedy under
Philippine law which provides for the protection of
one’s right to a balanced and healthful ecology in
accord with the rhythm and harmony of nature as
provided in section 16 Art II of the Philippine
Constitution.
SECTION 7. (1) No person shall be appointed
Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of
the Philippines. A Member of the Supreme Court
must be at least forty years of age, and must have
been for fifteen years or more a judge of a lower
court or engaged in the practice of law in the
Philippines.
(2) The Congress shall prescribe the
qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is
a citizen of the Philippines and a member of the
Philippine Bar.
(3) A Member of the Judiciary must be a
person of proven competence, integrity, probity,
and independence.
Qualifications of a Supreme Court Justice 1.
Natural born citizen of the Philippines
2. At least 40 yrs of age.
3. Have been for 15 years or more a judge of a lower
court or engages in the practice of law in the
Philippines.
4. Person of proven competence, integrity, probity,
and independence.
Qualifications of judges of lower courts
1. Citizen of the Philippines.
2. Members of the Philippine bar.
3. They must possess the qualifications prescribed by
congress.
4. They must be persons of proven competence,
integrity, probity, and independence.
SECTION 8. (1) A Judicial and Bar Council is hereby
created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a
representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme
Court, and a representative of the private sector.
(2) The regular Members of the Council shall
be appointed by the President for a term of four
years with the consent of the Commission on
Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for
four years, the professor of law for three years, the
retired Justice for two years, and the representative
of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the
Secretary ex officio of the Council and shall keep a
record of its proceedings.
(4) The regular Members of the Council shall
receive such emoluments as may be determined by
the Supreme Court. The Supreme Court shall
provide in its annual budget the appropriations for
the Council.
(5) The Council shall have the principal
function of recommending appointees to the
Judiciary. It may exercise such other functions and
duties as the Supreme Court may assign to it.
Principal function of the Judicial and Bar Council- It
shall have the principal function of recommending
appointees to the judiciary. It may exercise such
other functions and duties as the SC may assign to it.
Composition of the JBC
1. Chief Justice- Ex-officio chairman
2. Secretary of Justice- Ex-officio member
3. Representative of Congress- Ex-officio member
4. Representative of the Integrated Bar
5. Law professor
6. Retired member of the Supreme Court
7. Representative of the Private sector.
8. Clerk of SC- Secretary Ex -officio
Regular members- Appointed by the President with
the consent of the CA.
Rotational schemes observed in the appointment of
the members of the council
1. Of the member first appointed, the representative
of the IBP shall serve 4 years. 2. Professor- 3 years
3. Retired justice- 2 years
4. Representative of the private sector- 1 year
The JBC is intended to minimize, if not, remove the
exercise of political influence in the appointment of
justices and judges. In reality, however, the influence
of politicians is still being felt especially in the
appointment of justices and judges of courts.
The president has the discretion to appoint justices of
the SC. The only consolation is that the appointees
are known to be and recognized as brilliant lawyers
and academicians in their respective fields of
expertise. Besides, they are known as lawyers of
proven competence, integrity, probity, and
independence.
Composition of the Supreme Court
1. Chief Justice
2. 14 associate justices
The number of the members of the SC and of the
divisions is fixed by the constitution and may not be
changed by statute.
SECTION 9. The Members of the Supreme Court and
judges of lower courts shall be appointed by the
President from a list of at least three nominees
prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the
appointments within ninety days from the
submission of the list.
Difference as to the period when the president shall
fill up a vacancy in the SC or lower court- In the SC,
any vacancy shall be filed within ninety days from the
occurrence thereof. For the lower courts, the
president shall issue the appointment within 90 days
from the submission of the list.
SECTION 10. The salary of the Chief Justice and of
the Associate Justices of the Supreme Court, and of
judges of lower courts shall be fixed by law. During
their continuance in office, their salary shall not be
decreased.
Perfecto vs Meer and Endencia vs David- Imposition
of income tax on the salaries of judges was declared
unconstitutional on the ground that to do so would
result in the reduction of the compensation.
Nitafan vs CIR- It was held that the salaries may be
subject to income tax.
SECTION 11. The Members of the Supreme Court
and judges of lower courts shall hold office during
good behavior until they reached the age of seventy
years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc
shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of a
majority of the Members who actually took part in
the deliberations on the issues in the case and
voted thereon.
Abolition of statutory courts by congress- Statutory
courts may be abolished by congress as long as the
abolition is done in good faith.
Removal of judges of inferior courts- Removable by
the SC en banc.
SECTION 12. The Members of the Supreme Court
and of other courts established by law shall not be
designated to any agency performing quasi-judicial
or administrative functions.
SECTION 13. The conclusions of the Supreme Court
in any case submitted to it for decision en banc or in
division shall be reached in consultation before the
case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a
copy thereof attached to the record of the case and
served upon the parties. Any Member who took no
part, or dissented, or abstained from a decision or
resolution must state the reason therefor. The same
requirements shall be observed by all lower
collegiate courts.
3 Requirements for the procedure and the
mechanics in the issuance of decisions of the SC and
all over collegiate courts
1. The conclusions of the SC in any case
submitted to it for decision en banc or in division
shall be reached in consultation before the case is
assigned to a member for the writing of the opinion
of the court.
2. Once decision is reached, a certification to
this effect signed by the Chief Justice shall be issued
and a copy thereof attached to the record of the case
and served upon the parties.
3. Any member who took no part, dissented,
or abstained from a decision or resolution must state
the reason therefor.
Consing vs Court of Appeals- It was held that the
absence of said certification does not invalidate the
decision. Indeed, it may be possible that the decision
had not been reached in consultation before it was
assigned to a member for the writing of the opinion
of the court but there was no certification at the end
of the decision.
SECTION 14. No decision shall be rendered by any
court without expressing therein clearly and
distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration
of a decision of the court shall be refused due
course or denied without stating the legal basis
therefor.
A decision which does not state clearly and distinctly
the facts and the law on which it is based, deprives
not only the parties but also the practitioners,
professors, and students as to the factual and legal
considerations that guided the court in reaching the
decision.
Court decisions, particularly the decisions of the SC,
are discussed , scrutinized, and cited by lawyers and
non-lawyers from time to time and in the years to
come.
The requirement that a court decision should state
clearly and distinctly the facts and the law on which
it is cited does not apply to the following:
1. Court orders which resolve incidental matters only.
2. Minute resolutions in the ff cases
 a. Cases which are patently without
merit, where the issues are factual in
nature, where the decision appealed from is
supported by substantial evidence and is in
accord with the facts of the case and
applicable laws.
b. In cases where it is clear from the
records that the petitions were filed merely
to forestall the early execution of judgment
and for non-compliance with the rules.
3. In administrative cases where the issues raised
therin have been previously duly considered and
passed upon.
SECTION 15. (1) All cases or matters filed after the
effectivity of this Constitution must be decided or
resolved within twenty-four months from date of
submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for
all lower collegiate courts, and three months for all
other lower courts.
the last pleading, brief, or memorandum required by
the rules of court or the court itself.
2. Lower Collegiate courts- Within 12 months
unless reduced by the Supreme Court counted from
the date of submission which means upon the filing
of the last pleading, brief, memorandum required by
the rules of court or by the court itself.
3. Lower Courts- Within 3 months unless
reduced by the Supreme Court counted from the
date of submission which means upon the filing of
the last pleading, brief, memorandum required by
the rules of court or by the court itself.
Section 15 par 4 makes no distinction as to whether
or not it applies both to the SC or to the lower courts.
It makes the period mandatory for the “court”.
SECTION 16. The Supreme Court shall, within thirty
days from the opening of each regular session of the
Congress, submit to the President and the Congress
an annual report on the operations and activities of
the Judiciary.

(2) A case or matter shall be deemed This provision is not intended to place the SC under
submitted for decision or resolution upon the filing the control of the president and congress but merely
of the last pending, brief, or memorandum required to give the government, particularly the executive
by the Rules of Court or by the court itself. department and congress, the opportunity to know
how they can help improve the judicial system.
(3) Upon the expiration of the corresponding
period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith
be issued and a copy thereof attached to the record
of the case or matter, and served upon the parties.
The certification shall state why a decision or
resolution has not been rendered or issued within
said period.

(4) Despite the expiration of the applicable

mandatory period, the court, without prejudice to
such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination,
without further delay.

Period cases must be decided

1. Supreme court- Within 24 months from the
date of submission which means upon the filing of