a.

 
Initiative” is the power of the people to propose amendments to the Constitution or to propose and enact
legislation through an election called for the purpose. There are three systems of initiative, namely: Initiative on
the Constitution which refers to a petition proposing amendments to the Constitution; Initiative on statutes
which refers to a petition proposing to enact a national legislation; and Initiative on local legislation which
refers to a petition proposing to enact a regional, provincial, city, municipal or barangay law, resolution or
ordinance [Sec. 2(a), R.A. 6735].
Referendum” is the power of the electorate to approve or reject legislation through an election called for the
purpose. It may be of two classes, namely: Referendum on statutes which refers to a petition to approve or
reject an act or law, or part thereof, passed by Congress; and Referendum on local law which refers to a
petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative
bodies [Sec 2c, R.A. 6735].
 
b. 
Residual powers are unstated powers possessed by the President which are 1) not enumerated in the
Constitution, 2) implied with the grant of executive power, and 3) not possessed by the legislative and judiciary.
It includes powers unrelated to the execution of any provision of law [See Marcos v. Manglapus, G.R. No.
88211(1988)].
Residual Power: To protect the general welfare of people; founded on duty of President as steward of the
people; includes powers unrelated to execution of any provision of law [See Marcos v. Manglapus, G.R. No.
88211(1989)]

 No person shall be nominated as party-list representative unless he is a natural-born citizen of the Philippines,
a registered voter, a resident of the Philippines for a period of not less than one (1)year immediately preceding
the day of the election, able to read and write, a bona fide member of the party or organization which he seeks
to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years
of age on the day of the election.
In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30)
years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30)
during his term shall be allowed to continue in office until the expiration of his term.

The executive power is the power to enforce and administer the laws
Legislative power is the authority to make laws and to alter and repeal them.
Judicial power includes the duty of the courts to:
1. Settle actual controversies involving rights
which are legally demandable and
enforceable; and
2. 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.

(OEPBCF - "Only Eccentric People Believe Cockatoos Find Soulmates")

1. Hold any other office or employment
2. Practice any other profession
3. Participate in any business
4. Be financially interested in any contract
 with, or in any franchise, or special privilege granted by the Government or any of its subdivision,
agency, or instrumentality

Test for Valid Delegation

Rule: There is a valid delegation of legislative power when it passes the following tests –
1. Completeness test: The law sets forth the
policy to be executed, carried out, or implemented by the delegate (Abakada, supra), such that there is
nothing left for the delegate to do but to enforce the law [Pelaez v. Auditor General, G.R. No. L-
23825(1965)]; and
2. Sufficient Standard Test: The standard is sufficient if it defines legislative policy, marks its limits, maps
out its boundaries and specifies the public agency to apply it. It indicates the circumstances under
which the legislative command is to be effected [Edu v. Ericta, G.R. No. L-32096 (1970)].

Question text
Pablo Escobar, a member of Super Junior Society, a registered political party, seeks to prohibit the Dangerous
Drugs Board and the Philippine Drug Enforcement Agency from enforcing paragraphs (g) of Sec. 36 of RA 9165
on the ground that it is constitutionally infirm because it imposes an additional qualification for a senator-
mandatory drug testing. Pimentel Jr. and Atty. Laserna Jr. also seek the nullification of said law. Resolve. (5%)
Feedback
Yes. It is unconstitutional because it is basic that if a law or an administrative rule violates any norm of
the Constitution, that issuance is null and void and has no effect. 
 
Thus, COMELEC cannot, in the guise of enforcing and administering election laws or promulgating rules
and regulations to implement Sec. 36(g), validly impose qualifications on candidates for senator in
addition to what the Constitution prescribes. If Congress cannot require a candidate for senator to meet
such additional qualification, the COMELEC, to be sure, is also without such power. The right of a citizen
in the democratic process of election should not be defeated by unwarranted impositions of
requirement not otherwise specified in the Constitution. Sec. 36(g) of RA 9165, effectively enlarges the
qualification requirements enumerated in the Sec. 3, Art. VI of the Constitution 

Social Justice Society v. Dangerous Drugs Board

The Public Works Act appropriated specific funds for each city and municipality.  A provision in it authorized
the congressman under whose legislative district the city or the municipality falls to identify the projects to be
funded and required that the suggestion be justified by supporting documents.  Dolo Mite, a taxpayer in one
of the cities, questioned the constitutionality of the provision.  How should the case be decided? (5%)
Feedback
The provision is unconstitutional.  It violates the separation of powers, because the enforcement of the
appropriation is a function assigned to the Executive Department.  Upon approval of the law, the law-
making role of Congress ends.  (Belgica vs. Ochoa, Jr., 710 SCRA 1)

Question text
The General Appropriation Act appropriated P500 billion pesos for emergencies.  The General Appropriation
Act authorized the President to augment an item in the appropriation in the Executive Department from
savings.  The President approved the transfer of P50 billion pesos of the unobligated allotments in
appropriation for emergencies to augment the appropriation for schoolhouses.  Is the augmentation valid?
(2%)
 
Feedback
 No. Unobligated allotments cannot be declared as savings unless the purpose has been completed or finally
abandoned, they arose from unpaid compensation for vacant positions and leaves without pay, or the required
services were delivered at a lesser cost because of efficiencies.  (Araullo vs. Aquino III, 728 SCRA 1)
Question text
President Argus issued Proclamation No. 231 declaring martial law and suspending the privilege of the writ
of habeas corpus in the whole of Mindanao. Part of the text of the said proclamation reads as:
 
xxxx
 
WHEREAS, this recent attack shows the capability of the Al Aziz group and other rebel groups to sow terror,
and cause death and damage to property not only in Lanao del Sur but also in other parts of Mindanao.
 
NOW, THEREFORE, I, ARGUS W. ORACION, President of the Republic of the Philippines, by virtue of the powers
vested in me by the Constitution and by law, do hereby proclaim as follows:
 
SECTION 1. There is hereby declared a state of martial law in the Mindanao group of islands for a period not
exceeding sixty days, effective as of the date hereof.
 
SECTION 2. The privilege of the writ of habeas corpus shall likewise be suspended in the aforesaid area for the
duration of the state of martial law.
 
DONE in the Republic of the Philippines, this 23rd day of May in the year of our Lord, Two Thousand and
Seventeen.
 
Congressman Hagrid Ople questions the constitutionality of Proclamation 231 alleging that the inclusion of
“other rebel groups” makes the said proclamation void for being vague on its face. Additionally, Congressman
Ople alleges that the lack of guidelines and operational parameters in the implementation of the said
proclamation renders Proclamation 231 unconstitutional. Is Congressman Ople correct? (5%)
Feedback
No. Read the Martial Law Cases.

Question text
Under Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the power to "promulgate rules
concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all
courts xxx." Section 23 of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 provides that "any
person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to
avail of the provision on plea-bargaining." Patricio, a user who was charged with alleged sale of shabu but who
wants to enter a plea of guilt to a charge of possession, questions the constitutionality of Sec. 23 on the
ground that Congress encroached on the rule-making power of the Supreme Court under Sec. 5, Article VIII. He
argues that plea-bargaining is procedural in nature and is within the exclusive constitutional power of the
Court. Is Patricio correct? Explain your answer. (5%)
Feedback
No. Read Estipona v. Lobrigo.

 
Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on Elections
(Comelec), was proclaimed as one of the winning party-list groups in the last national elections. Its first
nominee, Alejandro, assumed office as the party-list representative.
About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled Alejandro
from the party for disloyalty and replaced him with Andoy, its second nominee. Alejandro questioned before
the Comelec his expulsion ad replacement by Andoy.
The Comelec considered Alejandro’s petition as an intra-party dispute which it could resolve as an incident of
its power to register political parties; it proceeded to uphold the expulsion.
Is the Comelec’s ruling correct? (5%)
 
 
Feedback
Alejandro’s petition should be dismissed for lack of jurisdiction. It is the HRET which has jurisdiction over the
case, because Alejandro is already a Member of the House of Representatives (Lico v. Commission on Elections,
G.R. No. 205505, September 29, 2015).
The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country
party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. If a case
involving the validity of the treaty abrogation is brought to the SC, how should it be resolved?
 
Feedback
It should dismiss the case. The jurisdiction of the SC or other lower courts over a treaty is only with respect to
questions of its constitutionality of validity. It does not pertain to the termination/abrogation of a
treaty. (Gonzales v Hechanova, G.R. No. L-21897, 1963).

A trial judge was found liable by the SC for serious misconduct and inefficiency, and meted a penalty of
suspension from office for 5 months. The said judge petitioned for executive clemency with the Office of the
President. The Executive Secretary issued a resolution granting the executive clemency. Is it valid?
Feedback
No. The power of executive clemency cannot be delegated for it was not signed by the President himself but
by the Executive Secretary. Also, it cannot extend to administrative cases in the Judiciary because it will violate
the principle of separation of powers and impair the power of the SC under §6 Art. VIII.

1. State and explain the two limitations on the legislative power of Congress. 5 points.

Procedural limitations: curtail the manner of passing laws.

Substantive limitations: curtail the content of a law

2. Define: a. Journal: An abbreviated account of daily proceedings. 5 points.

b. Record: A word for word transcript of Congress deliberations.
5 points.
c. Enrolled Bill: Official copy of approved legislation and bears the certification of the
presiding officer of the legislative body. 5 points.

3. State and explain the process of a bill becoming a law. 5 points.

1. First reading- only the title is read, after which, the speaker submits it to a committee; such committee
submits a report recommending its approval or disapproval.

2. Second reading- the entire text of the law is read. The sponsor delivers his speech justifying the bill,
then, the debates. Any amendment on the bill must be made at this point. After the debates and
amendments are made, voting is done, viva voce.

3. Third reading: only the title is read. No more amendments are allowed at the this point. Then there
would be a roll-call and each member would be asked whether he votes yes or no. If the bill is approved,
then it becomes a law.

Two steps before a bill becomes a law

1. It must be approved by congress. The legislative action required of congress is a positive act; there is no
enactment of law by legislative inaction
2.it must be approved by the president. Approval by the president may be by positive act or inaction.

4. State the internal powers of Congress. 5 points.

Internal Powers of Congress:

1. Determine rules of proceedings
2. Punish members for disorderly behavior
3. Suspend a member
a. only with concurrence of 2/3 of all members
b. only for a maximum of 60 days
4. Expel a member
- 2/3 of all members
5. State the limitations on the power of Congress to conduct inquiries in aid of legislation. 5 points.

1. The subject matter should be one in which the may legislate on; since it is incidental to legislation.
They cannot therefore, investigate whether a person committed a crime or not because such function is
with the judiciary.
2. The question must be relevant.
3. It must be in accordance with published rules of procedure.
4. The rights of the persons appearing in or affected by such inquiries shall be respected and protected,
like the right against self-incrimination.
5. It must be in aid of legislation.

6. State the limitations on the power of Congress to appropriate. 5 points.

Section 25. Limits on Power to Appropriate

(1) The Congress may not increase the appropriations recommended by the President for the operation
of the Government as specified in the budget. The form, content, and manner of preparation of the
budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates
specifically to some particular appropriation therein. Any such provision or enactment shall be limited in
its operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for
approving appropriations for other departments and agencies. 
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported
by funds actually available as certified by the National Treasurer, or to be raised by a corresponding
revenue proposal therein.
(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the
President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme
Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in
the general appropriations law for their respective offices from savings in other items of their respective
appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes
to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill
for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed
re-enacted and shall remain in force and effect until the general appropriations bill is passed by the
Congress.

7. State the rule in case of vacancy at the beginning of the term of the Presidency. 5 points.

Section 7. Vacancy at the Beginning of the Term of the Presidency

The President-elect and the Vice President-elect shall assume office at the beginning of their terms.
If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-
elect shall have 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.

8. State the rule in case of vacancies in both the Presidency and the Vice Presidency. 5 points.

Section 10. Vacancies in Both the Presidency and the Vice Presidency
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 Vice-President 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 V1 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 V1 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.

9. State the qualifications of the President. 5 points.

Qualifications:
a. Natural Born citizen
b. Registered Voter
c. Able to read and write
d. Atleast 40 years of age (on the day of election)
e. Ten (10) year residence

10. State the prohibitions on members of Congress. 5 points.

Two Prohibitions in Section 13

1. They cannot hold any other office or employment in the government without forfeiting their seat.
They will have to resign from their seat if they will accept another post.
2. They cannot be appointed to any office created or the emoluments thereof increased during the
term for which they were elected

3 Prohibitions in Section 14
1. “Appear as Counsel” – it means appearing for someone else. Therefore, he may appear for
himself. The prohibition is against appearing personally for others. Thus, the legislator’s partner
in the law firm can appear. The legislator also cannot sign pleadings, as this is tantamount to
appearance.
2. Directly or Indirectly Financially Interested in Any Contract, Franchise, or Privilege.
3. NOT INTERVENE IN ANY MATTER BEFORE ANY OFFICE of the GOVERNMENT for his
PECUNIARY BENEFIT

11. State the function of the Judicial and Bar Council. 5 points.

It recommends appointees to the Judiciary. It may exercise such other functions and duties as the
Supreme Court may assign to it.

II. You will be graded for clarity of language and substantive correctness. Please limit your answer to five
sentences. 40 points.

1. Petitioners Senator Benigno Aquino III and Mayor Jessie Robredo seeks the nullification as unconstitutional
of Republic Act No. 9716, entitled “An Act Reapportioning the Composition of the First (1 st) and Second (2nd)
Legislative Districts in the Province of Camarines Sur and Thereby Creating a New Legislative District From
Such Reapportionment.” Prior to RA 9716, the Province of Camarines Sur had 4 districts, but following the
enactment of the said Act, the first and second districts municipalities were reconfigured and combined to form
an additional legislative district for the province. Petitioners asserts that this reapportionment is a violation of
the constitutional requirement of a minimum population of two hundred fifty hundred (250,000) for creation of
a new legislative district. Are the petitioners correct? Explain. 5 points.

NO. PETITIONERS ARE WRONG. Aquino III v. COMELEC, GR No. 189793, April 17, 2010

2. Due to findings that many elected officials were drug addicts, Congress passed a law mandating that all
candidates for public office shall undergo a mandatory drug test. CONGRESSMAN LAGING HIGH contends
that this is unconstitutional as it adds to the qualifications for members of the House of Representatives.
GUSTO DINCONG opposes this contention of HIGH saying that HIGH is just afraid of testing positive for
using illegal drugs. Who is correct? Explain. 5 points.

HIGH IS CORRECT. SEE Social Justice Society v. Dangerous Drugs Board, GR No. 157870,
November 3, 2008

3. The Senate passed a resolution for the investigation of Senate President MANY MONEY. Due to the
accusation that the Ethics Committee could not act fairly on the case, the Senate approved a resolution
providing for the investigation to be undertaken by the Senate as a Committee of the Whole. Senator BATANI
MANI argued that the Rules of the Senate as a Committee of the Whole should first be published. Is Senator
MANI correct? Explain. 5 points.

NO. SENATOR MANI ARE WRONG. THE RULES ARE MERELY INTERNAL TO THE SENATE.
SUCH RULES NEED NOT BE PUBLISHED UNLESS THE RULES EXPRESSLY PROVIDE FOR
THEIR PUBLICATION. SEE Pimentel v. Senate Committee of the Whole, 644 SCRA 741.
4. CONGRESSMAN PALE INGKERA delivered a privilege speech alleging serious allegations of bribery
against the President. Unable to give evidence on his allegations Congressman Ingkera was found guilty of
serious disorderly behavior by the House of Representatives. He countered that the Philippine Constitution gave
him parliamentary immunity. Thus, he cannot be punished. Is CONGRESSMAN INGKERA correct? Explain.
5 points.

NO. CONGRESSMAN INGKERA IS NOT CORRECT. SEE Osmena v. Pendatun

5. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG) DIRECTOR HANAP KITA

proposed the creation of task force to implement local autonomy institutionalized under the Local Government
Code of 1991. This was approved by DILG Secretary No Idea and Deputy Executive Secretary Masno Ideapa.
Consequently, they issued an order to transfer and remit to the DILG from the funds of the Office of the
President for the operation of the task force. The Commission on Audit disallowed the transfer of funds as this
was a violation of the Philippine Constitution on the transfer of savings. Is the COA correct? Explain. 5 points.

Thus, the submission that there was a valid transfer of funds within the Executive Department should
be rejected as it overlooks the fact that the power and authority to transfer in this case was
exercised not by the President but only at the instance of the Deputy Executive Secretary, not the
Executive Secretary himself. Even if the DILG Secretary had corroborated the initiative of the Deputy
Executive Secretary, it does not even appear that the matter was authorized by the President. More
fundamentally, as will be shown later, even the President himself could not have validly authorized
the transfer under the Constitution.
YES. COA IS CORRECT. Sanchez v. COA, 552 SCRA 471

6. Republic Act No. 7716 expanded the scope of the value added tax. AYAW BAYAD argued that it is
regressive and violated the requirement that Congress should evolve a progressive system of taxation. Is
BAYAD correct? Explain. 5 points.

The Constitution does not really prohibit the imposition of indirect taxes which, like the VAT, are regressive.
What it simply provides is that Congress shall "evolve a progressive system of taxation." The constitutional
provision has been interpreted to mean simply that "direct taxes are . . . to be preferred [and] as much as
possible, indirect taxes should be minimized." (E. FERNANDO, THE CONSTITUTION OF THE
PHILIPPINES 221 (Second ed. (1977)). Indeed, the mandate to Congress is not to prescribe, but to evolve, a
progressive tax system. Otherwise, sales taxes, which perhaps are the oldest form of indirect taxes, would have
been prohibited with the proclamation of Art. VIII, §17(1) of the 1973 Constitution from which the present Art.
VI, §28(1) was taken. Sales taxes are also regressive.

Resort to indirect taxes should be minimized but not avoided entirely because it is difficult, if not impossible, to
avoid them by imposing such taxes according to the taxpayers' ability to pay. In the case of the VAT, the law
minimizes the regressive effects of this imposition by providing for zero rating of certain transactions (R.A. No.
7716, §3, amending §102 (b) of the NIRC), while granting exemptions to other transactions.

NO. BAYAD IS WRONG. SEE Tolentino v. Sec of Finance pp 311

7. The Presidential Commission on Good Governance entered into an agreement with the Marcos Family to
compromise the ill-gotten wealth cases pending against them. It also provided that the assets to be retained by
the Marcos Family would be exempt from all taxes. Is the agreement valid? Explain. 5 points.

This is a clear violation of the Constitution. Sec. 28(4), Art. VI of the Constitution specifically provides: “No
law granting any tax exemption shall be passed without the concurrence of a majority of all the Member of the
Congress.” The PCGG has absolutely no power to grant such exemptions.

NO. THE AGREEMENT IS NOT VALID. SEE Chavez v. PCGG

8. The National Bureau of Investigation (NBI) filed with the Department of Justice (DOJ) a letter-complaint
charging Jok Jack, Hubu Hubad, Maka Miko, Taran Tado and Man Yak with the crime of Rape with Homicide.
The DOJ decided to file an information for rape with homicide against all the accused but excluded their leader
Man Yak. Jok Jack questions the validity of the DOJ action in excluding Man Yak alleging that this intrudes
into judicial prerogative. Is JOK JACK correct? Explain. 5 points.

NO. JOC JACK IS WRONG. SEE Webb v. De Leon, 247 SCRA 652.

A necessary component of this power to execute our laws is the right to prosecute their
violators. The right to prosecute vests the prosecutor with a wide range of discretion — the
discretion of whether, what and whom to charge, the exercise of which depends on a
smorgasbord of factors which are best appreciated by prosecutors.
 END

BONUS:

1. State the requisites for judicial review. 5 points.

Requisites:
1. There must be an actual case or controversy involving a conflict of legal rights susceptible of
judicial determination.
2. The constitutional question must be raised by the proper party.
3. The constitutional question must be raised at the earliest opportunity.
4. (4) The issue of constitutionality must be the very lis mota of the case.

2. State the jurisdiction of the Supreme Court en banc. 10 points.

1. Constitutionality of a treaty, international or executive agreement, or law.

2. Those required by the Rules of Court to be heard en banc.
3. Constitutionality of presidential decrees, proclamations, orders, instructions, ordinances and
other regulations.
4. Cases heard by a division when the required majority is not obtained.
5. Cases where a doctrine or principle of law previously laid down will be modified or reversed.
6. Administrative cases against judges when the penalty is dismissal.
7. Election contests for President or Vice President.

3. State the five safeguards of judicial independence. 5 points.

1. SC is a constitutional body. It cannot be abolished by Congress.

2. SC members are removable only by impeachment.
3. SC has exclusive supervision over the courts and its employees.
4. Judiciary has fiscal autonomy.
5. Judges have security of tenure.
6. Salaries of judges cannot be reduced.

4. State the composition of the Judicial and Bar Council. 5 points.

1. Chief Justice of the SC as Ex-Officio Chair

2. Secretary of Justice
3. Representative of Congress
4. Representative of the Integrated Bar of the Philippines
5. Professor of Law
6. Retired Justice of the Supreme Court
7. Representative of the Private Sector
 Non-delegation of Power - The rule is delegata potestas non potest delegari - what has been delegated cannot be delegated. The
doctrine rests on the ethical principle that a delegated power constitutes not only a right but duty to be performed by the delegate
by the instrumentality of his own judgment and not through the intervening mind of another.

1. Budget Process:

a. Budget Preparation Phase – this is where the executive department prepares the proposed national
budget. This starts with the budget call and ends with the President’s submission of the proposed
budget to the Congress.
b. Budget Legislation Phase – also called the Budget Authorization Phase. This is where the congress
authorize the General Appropriations Act.
c. Execution Phase – this is where the agencies utilize their approved budgets. This is where the
people’s money is actually spent. As soon as the GAA is enacted, the government can implement its
priority programs and projects.
d. Accountability Phase – the executive monitor and evaluate the use of the budget. This involved the
reporting of actual performance against plans or targets.

2. Limitations on Martial Law:

a. The grounds for the proclamation of martial law are now limited only to invasion or rebellion.
b. The duration of such suspension or proclamation shall not exceed sixty days, following which it
shall be automatically lifted.
c. The Congress may then, by majority votes of all its members voting jointly, revoke his action. The
revocation may not be set aside by the President.
d. The action of the President and the Congress shall be subject to review by the Supreme Court which
shall have the authority to determine the sufficiency of the factual basis of such action.

3. Rule of vacancy during the term (Art. VII, Section 8):

Reason for Vacancy Succession

1. When the incumbent President dies or is The vacancy created is thus permanent. The
permanently disabled, is removed or resigns. Vice- President becomes President.

When both the President and the Vice-President The Senate President or the Speaker-in that
die, or are permanently disabled, are removed, or order shall act as President until a President of
resign. Vice- President shall have been qualified.

3. When the Acting President dies, or is Congress will determine by law who will act as
permanently incapacitated, is removed or resigns. President until a new President or Vice-
President shall have qualified.

4. Information covered by executive privilege: (Any 3 of the following)

a. Conversations and correspondence between the President and the Public official covered by the
executive order;
b. Military, diplomatic and other national security matters which in the interest of national security
shall be divulged;
c. Information made between inter-government agencies prior to the conclusion of treaties and
executive agreements;
d. Discussions in close-door cabinet meetings; and
e. Matters affecting national security and public order

5. Doctrine of Impoundment - The refusal by the President for whatever reason to spend funds made available by Congress. It is
the failure to spend or obligate budget authority of any type [Philconsa v. Enriquez, supra.]. This power of the President is derived
from Sec. 38 of the Administrative Code of 1987 on suspension.
6. Item Veto: Art. VI, Section 27, Par. 2 of the 1987 constitution
The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto
shall not affect the item or items to which he does not object.

7. Pardon vs. Amnesty

Pardon – A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws , which exempts the
individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. Pardon may only be
granted after a conviction by final judgement.

Amnesty - by proclamation of the Chief Executive and concurrence of Congress, is a public act of which the courts should take
judicial notice. This is granted to classes of persons or communities who may be guilty of political offense, generally before or
after the institution of the criminal prosecution and sometimes after conviction.

5. No. Art. II provisions are generally not self-executory; the people’s desire is reflected not by surveys through the authorized
body/representative, which is the Congress. The provision does not operate as an enforceable right without a legislation from the
Congress. Moreover, the Philippines cannot claim sovereignty over the West Philippine Sea considering that it is still under dispute.
The country may only exercise its sovereign rights over it, but it has no legal right as to territorial jurisdiction. The rights that we have
over the West Philippine Sea are only sovereign rights and not sovereignty. As such, we cannot claim control over the area. Further,
the power to call out the AFP to prevent or suppress lawless violence, invasion or rebellion, is expressly vested only in the President
as provided in Article VII Sec 18 of the 1987 Philippine Constitution. The Congressman acted beyond its authority, for he can only
excerise powers and authority granted to him by the people who remains as the sovereign power and from whom all other government
authority emanates.

6. Yes. The President may augment funds from savings, for as long as it is authorized by the PRESIDENT. Under Section 25 (5),
the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and
the Heads of Constitutional Commission may, by law, be authorized to augment any item in the general appropriations law for their
respective offices from savings in other items of their respective appropriations.

No. The transfer is not valid. Under Section 25 (5), the President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the Heads of Constitutional Commission may, by law, be authorized to
augment any item in the general appropriations law for their respective offices from savings in other items of their respective
appropriations. In the case at bar, the savings of the Office of the President cannot be transferred to augment the funding of another
office, which is the COMELEC, in the conduct of the plebiscite.Congress may, by law, authorize the President, the Senate President,
the Speaker of the HOR, the CJ of the SC, and head of the Constitutional Commissions, to augment any item in the appropriations for
their offices from savings in other items. The President may only transfer funds to offices under the Executive Department and not to
the COMELEC whose head may augment items in from savings of its appropriations, and which does not belong to the Executive
department.

7. No. Specific funds must be for a specific purpose and not be left to the discretion of the legislators. The provision is
unconstitutional. Budgeting powers lies in Congress. The executive, on the other hand, implements the GAA to which the PDAF is a
part of. Members of the Congress themselves cannot dictate as to which projects their PDAF funds should be allocated to. This is an
act implementing the law they enacted which is a violation of separation of powers. (Belgica v. Executive Secretary) Congress’
functions regarding appropriations are as to preparation and its approval. Execution shall be vested in the executive department. The
provision is unconstitutional. It authorizes the Congressman to suggest the projects to be funded, which is a post legislative enactment
intervention is not allowed. The Congress shall leave it to the executive to implement the laws it has enacted. This is what declared
PDAF unconsitutional. Congress identified the projects to be funded and therefore acted beyond its authority.

YES. The provision is valid. The congressman merely acts to authorize and require supporting documents for the execution of the said
act. There is no usurpation of the powers of the executive in the present case.

8. No. Pork barrel is a form of discretionary fund and the Zamboanga bypass road is beneficial to the public hence, for a public
purpose and not unconstitutional. The 2018 GAA should be rendered unconstitutional. Budget proposal, as well established, should
originate from the Executive/President. The function of the Legislative is to authorize the proposal of the President.

YES. There is no violation of the Constitution. Pursuant to the ruling in Philconsa v. Enriquez, the identification of projects by the
legislators does not constitute encroachment of an executive power insofar as the legislators only recommend where the pork barrel
funds go. During the crafting of the 2018 GAA, legislators may suggest projects, but the implementation is still vested with the
Executive Department. The said listing of project by Congressman Salsa Labbigat was valid, because it formed part of the budget for
the general operation of the government. It was not a pork barrel because Congressman did not make use of separate funds to be
appropriated to projects which he decides on his discretion.

9. No. No law shall be passed granting tax exemption without the concurrence of Congress. Chavez v. PCG. PCGG was established to
retrieve the ill-gotten wealth of the Marcoses and to safeguard the state from corrupt officials. Compromising with the Marcoses
would therefore run contrary to its purpose. PCGG has no power to enter into a compromise agreement. Granting an exemption has no
legal basis since it is also not within its powers to grant tax exemptions. The agreement was not valid because the power to grant tax
exemptions is only vested in the Congress,

10. No. The action of the ombudsman was not proper, because the Supreme Court has exclusive administrative jurisdiction over all
courts and personnel thereof. The Ombudsman should have referred it to the Supreme Court. Only the Supreme Court has the power
to discipline justices and judges. The Supreme Court, being the court of last resort, should be given utmost respect for its decisions.
The decisions of SC are final and not subject to appeal anymore.

11. No. Parliamentary freedom of speech only applies in performing legislative functions. The act made by Sen. Thrilling was colored
by politics. Parliamentary freedom of speech only applies in performing legislative functions. The act made by Sen. Thrilling was
colored by politics. Privilege of speech and debate must be for a legislative action and does not include the speeches made before the
media. To participate or respond to media interviews is not an official function of any lawmaker. It is political in nature, outside the
ambit of immunity conferred under the speech or debate clause of the Constitution. The acts performed are clearly not those which are
protected by the parliamentary freedom of speech.

III.

1. Are the instant petitions the "appropriate proceeding" covered by Paragraph 3, Section 18, Article VII of the Constitution?

YES. The unique features of the third paragraph of Section 18, Article VII clearly indicate that it should be treated
as sui generis separate and different from those enumerated in Article VIII.

Under the third paragraph of Section 18, Article VII, a petition filed pursuant therewith will follow a different rule
on standing as any citizen may file it. Said provision of the Constitution also limits the issue to the sufficiency of the
factual basis of the exercise by the Chief Executive of his emergency powers. The usual period for filing pleadings
in Petition for Certiorari pursuant to Section 1 or Section 5 of Article VIII is likewise not applicable under the third
 paragraph of Section 18, Article VII considering the limited period within which the Court has to promulgate its
decision.

In fine, the phrase “in an appropriate proceeding: appearing on the third paragraph of Section 18, Article VII refers
to any action initiated by a citizen for the purpose of questioning the sufficiency of the factual basis of the exercise
of the Chief Executive's emergency powers, as in these cases. It could be denominated as a complaint, a petition, or
a matter to be resolved by the Court.

2. Is the President, in declaring martial law and suspending the privilege of the writ of habeas corpus,:

a. required to be factually correct or only not arbitrary in his appreciation of facts?

NO. In determining the sufficiency of the factual basis of the declaration and/or the suspension, the Court
should look into the full complement or totality of the factual basis, and not piecemeal or individually. Neither
should the Court expect absolute correctness of the facts stated in the proclamation and in the written Report as
the President could not be expected to verify the accuracy and veracity of all facts reported to him due to the
urgency of the situation.

To require precision in the President's appreciation of facts would unduly burden him and therefore impede the
process of his decision-making. Such a requirement will practically necessitate the President to be on the
ground to confirm the correctness of the reports submitted to him within a period that only the circumstances
obtaining would be able to dictate.

b. required to obtain the favorable recommendation thereon of the Secretary of National Defense?

NO. Even the recommendation of, or consultation with, the Secretary of National Defense, or other high-
ranking military officials, is not a condition for the President to declare martial law.

A plain reading of Section 18, Article VII of the Constitution shows that the President's power to declare martial
law is not subject to any condition except for the requirements of actual invasion or rebellion and that public
safety requires it. Besides, it would be contrary to common sense if the decision of the President is made
dependent on the recommendation of his mere alter ego. Rightly so, it is only on the President and no other that
the exercise of the powers of the Commander-in-Chief under Section 18, Article VII of the Constitution is
bestowed.

c. required to take into account only the situation at the time of the proclamation, even if
subsequent events prove the situation to have not been accurately reported?

YES. Since the exercise of these powers is a judgment call of the President, the determination of the Court as to
whether there is sufficient factual basis for the exercise of the power to declare martial law and/or suspend the
privilege of the writ of habeas corpus, must be based only on facts or information known by or available to the
President at the time he made the declaration or suspension which facts or information are found in the
proclamation as well as the written Report submitted by him to Congress. These may be based on the situation
existing at the time the declaration was made or past events. As to how far the past events should be from the
present depends on the President.

Similarly, events that happened after the issuance of the proclamation, which are included in the written report,
cannot be considered in determining the sufficiency of the factual basis of the declaration of martial law and/or
the suspension of the privilege of the writ of habeas corpus since these happened after the President had already
issued the proclamation. If at all, they may be used only as tools, guides or reference in the Court's
determination of the sufficiency of factual basis, but not as part or component of the portfolio of the factual
basis itself.

3. Is the power of the Court to review the sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus independent of the actual actions that have been taken by Congress jointly or separately?

YES. The Court may strike down the presidential proclamation in an appropriate proceeding filed by any citizen on
the ground of lack sufficient factual basis. On the other hand, Congress may revoke the proclamation or suspension,
which revocation shall not be set aside by the President.

In reviewing the sufficiency of the factual basis of the proclamation or suspension, the Court considers only the
information and data available to the President prior to, or at the time of the declaration; it is not allowed to
“undertake an independent investigation beyond the pleadings.” On the other hand, Congress may take into
consideration not only data available prior to, but likewise events supervening the declaration. Unlike the Court
which does not look into the absolute correctness of the factual basis as will be discussed below, Congress could
probe deeper and further; it can delve into the accuracy of the facts presented before it.

In addition, the Court's review power is passive; it is only initiated by the filing of a petition "in an appropriate
proceeding" by a citizen. On the other hand, Congress' review mechanism is automatic in the sense that it may be
activated by Congress itself at any time after the proclamation or suspension was made.

Thus, the power to review by the Court and the power to revoke by Congress are not only totally different but
likewise independent from each other although concededly, they have the same trajectory, which is, the nullification
of the presidential proclamation. Needless to say, the power of the Court to review can be exercised independently
from the power of revocation of Congress.

4. Were there sufficient factual basis for the proclamation of martial law or the suspension of the privilege of the writ of habeas
corpus?
 YES. The President deduced from the facts available to him that there was an armed public uprising, the culpable
purpose of which was to remove from the allegiance to the Philippine Government a portion of its territory and to
deprive the Chief Executive of any of his powers and prerogative, leading the President to believe that there was
probable cause that the crime of rebellion was and is being committed and that public safety requires the imposition
of martial law and suspension of the privilege of the writ of habeas corpus.

a. What are the parameters for review?

Section 18, Article VII itself sets the parameters for determining the sufficiency of the factual basis for the
declaration of martial law and/or the suspension of the privilege of the writ of habeas corpus, "namely (1) actual
invasion or rebellion, and (2) public safety requires the exercise of such power."170 Without the concurrence of
the two conditions, the President's declaration of martial law and/or suspension of the privilege of the writ of
habeas corpus must be struck down.

A review of the aforesaid facts similarly leads the Court to conclude that the President, in issuing Proclamation
No. 216, had sufficient factual ' bases tending to show that actual rebellion exists. The President's conclusion,
that there was an armed public uprising, the culpable purpose of which was the removal from the allegiance of
the Philippine Government a portion of its territory and the deprivation of the President from performing his
powers and prerogatives, was reached after a tactical consideration of the facts. In fine, the President
satisfactorily discharged his burden of proof.

b. Who has the burden of proof?

After all, what the President needs to satisfy is only the standard of probable cause for a valid declaration of
martial law and suspension of the privilege of the writ of habeas corpus.

c. What is the threshold of evidence?

What the President needs to satisfy is only the standard of probable cause for a valid declaration of martial law
and suspension of the privilege of the writ of habeas corpus.

5. Is the exercise of the power of judicial review by the Court involves the calibration of graduated powers granted the President as
Commander-in-Chief?

NO. The power of judicial review does not extend to calibrating the President's decision pertaining to which
extraordinary power to avail given a set of facts or conditions. To do so would be tantamount to an incursion into the
exclusive domain of the Executive and an infringement on the prerogative that solely, at least initially, lies with the
President.

6. May Proclamation No. 216 be considered, vague, and thus null and void:

a. with its inclusion of “other rebel groups”?

NO. The term "other rebel groups" in Proclamation No. 216 is not at all vague when viewed in the context of
the words that accompany it. Verily, the text of Proclamation No. 216 refers to "other rebel groups" found in
Proclamation No. 55, which it cited by way of reference in its Whereas clauses.

b. since it has no guidelines specifying its actual operational parameters within the entire Mindanao region?

NO. There is no need for the Court to determine the constitutionality of the implementing and/or operational
guidelines, general orders, arrest orders and other orders issued after the 2017-2018 proclamation for being
irrelevant to its review. Thus, any act committed under the said orders in violation of the Constitution and the
laws, such as criminal acts or human rights violations, should be resolved in a separate proceeding. Finally,
there is a risk that if the Court wades into these areas, it would be deemed a trespassing into the sphere that is
reserved exclusively for Congress in the exercise of its power to revoke.

7. Are the armed hostilities mentioned in Proclamation No. 216 and in the Report of the President to Congress sufficient bases; (a) for
the existence of actual rebellion; or (b) for a declaration of martial law or the suspension of the privilege of the writ of habeas corpus
in the entire Mindanao region?

YES. A review of the facts available to the President that there was an armed public uprising, the culpable purpose
of which was to remove from the allegiance to the Philippine Government a portion of its territory and to deprive the
Chief Executive of any of his power and prerogatives leading to President to believe that there was probable cause
that the crime of rebellion was and is being committed and that public safety requires the imposition of martial law
and suspension of the privilege of the writ of habeas corpus. The President, in issuing Proclamation No. 216, had
sufficient factual bases tending to show that actual rebellion exists. The President’s conclusion was reached after a
tactical consideration of the facts. In fine, the President satisfactorily discharged his burden of proof. After all, what
the President needs to satisfy is only the standard of probable cause for a valid declaration of martial law and
suspension of the privilege of the writ of habeas corpus.

8. Are terrorism or acts attributable to terrorism equivalent to actual rebellion and the requirements of public safety sufficient to
declare martial law or suspend the privilege of the writ of habeas corpus?

YES. For a declaration of martial law or suspension of the privilege of the writ of habeas corpus to be valid, there
must be concurrence of actual rebellion or invasion and the public safety requirement. In his report, the President
noted that the acts of violence perpetrated by the ASG and the Maute Group were directed not only against
government forces or establishment but likewise against civilians and their properties. In addition and in relation to
the armed hostilities, bomb threats were issued, road blockades and checkpoints were set up, schools and churches
were burned, civilian hostages were taken and killed, non-Muslim or Christians were targeted, young male Muslims
were forced to join their group, medical services and delivery of basic services were hampered, reinforcement of
government troops and civilian movement were hindered, and the security of the entire Mindanao Islands was
 compromised. Based on the foregoing, Proclamation No. 216 has sufficient factual basis there being probable cause
to believe that rebellion exists and that public safety requires the martial law declaration and the suspension of the
writ of habeas corpus.

9. Will nullifying Proclamation No. 216:

a. have the effect of recalling Proclamation No. 55 s. 2016?

NO. The calling out power is in a different category from the power to declare martial law and the power to
suspend the privilege of the writ of habeas corpus. The Court’s declaration of a state of national emergency on
account of lawless violence in Mindanao through Proclamation No. 55 dated September 4, 2016 where he called
upon the Armed Forces and the Philippine National Police (PNP) to undertake such measures to suppress any
and all forms of lawless violence from spreading and escalating elsewhere in the Philippines.

The President’s calling out power is in a different category from the power to suspend the writ of habeas corpus
and the power to declare martial law. In other words, the President may exercise the power to call out the
Armed Forces independently of the power to suspend the privilege of the writ of habeas corpus and to declare
martial law, although, of course, it may also be precluded to a possible future exercise of the latter powers, as in
this case.

b. also nullify the acts of the President in calling out the armed forces to quell lawless violence in Marawi and other parts of the
Mindanao region?

NO. Under the “operative fact doctrine”, the unconstitutional statute is recognized as an “operative fact” before
it is declared unconstitutional. The actual existence of a statute prior to such a determination of constitutionality
is an operative fact that may have consequence which cannot always be erased by a new judicial declaration.
The effect of the subsequent ruling as to the invalidy may have to be considered in various aspects- with respect
to particular regulations, individual and corporate and particular conduct, private and official.

We revert back to the premise that the discretion to determine the territorial scope of martial law lies with the
President. The Constitution grants him the prerogative whether to put the entire Philippines or any part thereof
under martial law. There is no constitutional edict that martial law should be confined only in the particular
place where the armed public uprising actually transpired. This is not only practical but also logical. Martial law
is an urgent measure since at stake is the nation's territorial sovereignty and survival. As such, the President has
to respond quickly. After the rebellion in the Court's compound, he need not wait for another rebellion to be
mounted in Quezon City before he could impose martial law thereat. If that is the case, then the President would
have to wait until every remote corner in the country is infested with rebels before he could declare martial law
in the entire Philippines. For sure, this is not the scenario envisioned by the Constitution.

Going back to the illustration above, although the President is not required to impose martial law only within
the Court's compound because it is where the armed public uprising actually transpired, he may do so if he sees
fit. At the same time, however, he is not precluded from expanding the coverage of martial law beyond the
Court's compound. After all, rebellion is not confined within predetermined bounds.

It is difficult, if not impossible, to fix the territorial scope of martial law in direct proportion to the "range" of
actual rebellion and public safety simply because rebellion and public safety have no fixed physical dimensions.
Their transitory and abstract nature defies precise measurements; hence, the determination of the territorial
scope of martial law could only be drawn from arbitrary, not fixed, variables. The Constitution must have
considered these limitations when it granted the President wide leeway and flexibility in determining the
territorial scope of martial law. Moreover, the President's duty to maintain peace and public safety is not limited
only to the place where there is actual rebellion; it extends to other areas where the present hostilities are in
danger of spilling over. It is not intended merely to prevent the escape of lawless elements from Marawi City,
but also to avoid enemy reinforcements and to cut their supply lines coming from different parts of Mindanao.
Thus, limiting the proclamation and/or suspension to the place where there is actual rebellion would not only
defeat the purpose of declaring martial law, it will make the exercise thereof ineffective and useless.

x x x Verily, the Court upholds the validity of the declaration of martial law and suspension of the privilege of
the writ of habeas corpus in the entire Mindanao region.

IV:

A.) Powers of President

• Executive power
• Power of appointment
• Power of Control
• Military Power
• Pardoning Power
• Borrowing Power
• Diplomatic Power
• Budgetary Power
• Informing Power
• Power of Supervision
• Residual Powers
• Executive Privilege
• Power of Removal
• Item- veto power
• Veto power
• Call out power
B.) Powers of Judiciary

a. Judicial 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.

b. Auxiliary Powers:

(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 13. No Senator or Member of the House of Representatives may:

1. hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting
his seat.
2. Neither shall he be appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may:

1. personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial
and other administrative bodies.
2. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or
special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including
any government-owned or controlled corporation, or its subsidiary, during his term of office.
3. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where
he may be called upon to act on account of his office.

Section 25.

1. The Congress may not increase the appropriations recommended by the President for the operation of the
Government as specified in the budget. The form, content, and manner of preparation of the budget shall be
prescribed by law.

2. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the
appropriation to which it relates.

3. The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.

4. A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal
therein.

5. No law shall be passed authorizing any transfer of appropriations; however, the President, the President of
the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by law, be authorized to augment any item in the general
appropriations law for their respective offices from savings in other items of their respective appropriations.

6. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

7. If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the
ensuing fiscal year,S the general appropriations law for the preceding fiscal year shall be deemed re-enacted
and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Section 28.

The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development program of the Government.

Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries,
and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation.

No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the
Congress.

Section 29.

No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use,
benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such
purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the Government.

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have
qualified.

If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have
been chosen and qualified.

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 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution,

1. hold any other office or employment during their tenure.

2. 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 government-owned or
controlled corporations or their subsidiaries.
3. They shall strictly avoid conflict of interest in the conduct of their office.
4. The spouse and relatives by consanguinity or affinity within the fourth 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
government-owned or controlled corporations and their subsidiaries.

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:

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.

All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation
thereto.S

All cases in which the jurisdiction of any lower court is in issue.

All criminal cases in which the penalty imposed is reclusion perpetua or higher.

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
under-privileged. 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.

ARTICLE VI
THE LEGISLATIVE DEPARTMENT

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate
and a House of Representatives, except to the extent reserved to the people by the provision on initiative and
referendum.

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines
for not less than two years immediately preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by
law, at noon on the thirtieth day of June next following their election. No Senator 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 his service for the full term of which he was elected.

Section 5.

The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise
fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.

The party-list representatives shall constitute twenty per centum of the total number of representatives including those
under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by
law, except the religious sector.

Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city
with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

Within three years following the return of every census, the Congress shall make a reapportionment of legislative
districts based on the standards provided in this section.

Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the
party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a
period of not less than one year immediately preceding the day of the election.

Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the
House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an interruption in the continuity of his service for the full term for which
he was elected.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of
Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill
such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus
elected shall serve only for the unexpired term.

Section 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the expiration of the full term of all the Members of the
Senate and the House of Representatives approving such increase.
Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than
six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned
nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a
full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of
interest that may arise from the filing of a proposed legislation of which they are authors.

Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office
which may have been created or the emoluments thereof increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he,
directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by
the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless
a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until
thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The
President may call a special session at any time.

Section 16.

The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its
respective Members. Each House shall choose such other officers as it may deem necessary.

A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day
and may compel the attendance of absent Members in such manner, and under such penalties, as such House may
provide.

Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.

Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as
may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth
of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings.

Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two Houses shall be sitting.

Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the
sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system represented therein. The senior
Justice in the Electoral Tribunal shall be its Chairman.

Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio
Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the
basis of proportional representation from the political parties and parties or organizations registered under the party-
list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session days of the Congress from their
submission. The Commission shall rule by a majority vote of all the Members.

Section 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after
the Senate and the House of Representatives shall have been organized with the election of the President and the
Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its
Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

Section 20. The records and books of accounts of the Congress shall be preserved and be open to the public in
accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an
itemized list of amounts paid to and expenses for each Member.

Section 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in
aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or
affected by, such inquiries shall be respected.

Section 22. The heads of departments may, upon their own initiative, with the consent of the President, or upon the
request of either House, as the rules of each House shall provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall
not be limited to written questions, but may cover matters related thereto. When the security of the State or the public
interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

Section 23.

The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the
sole power to declare the existence of a state of war.

In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose
or concur with amendments.

Section 25.

The Congress may not increase the appropriations recommended by the President for the operation of the
Government as specified in the budget. The form, content, and manner of preparation of the budget shall be
prescribed by law.

No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation
to which it relates.

The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.

A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually
available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.

No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the
Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for
their respective offices from savings in other items of their respective appropriations.

Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by
appropriate vouchers and subject to such guidelines as may be prescribed by law.

If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing
fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain
in force and effect until the general appropriations bill is passed by the Congress.

Section 26.

Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its Members three days before its passage, except when the
President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter,
and the yeas and nays entered in the Journal.

Section 27.

Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the
same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it
originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by
yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had signed it.

The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items to which he does not object.

Section 28.

The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.
The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development program of the Government.

Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries,
and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation.

No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the
Congress.

Section 29.

No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use,
benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such
purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the Government.

Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.

Section 31. No law granting a title of royalty or nobility shall be enacted.

Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the
exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or
part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at
least ten per centum of the total number of registered voters, of which every legislative district must be represented by
at least three per centum of the registered voters thereof.

ARTICLE VII
EXECUTIVE DEPARTMENT

Section 1. The executive power shall be vested in the President of the Philippines.

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 immediately preceding such election.

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 re-election. No person who has
succeeded as President and has served as such for more than four years shall be qualified for election to the same
office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the continuity of 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 Vice-President, 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 the 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 execution thereof in the manner provided by law, 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.

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.)

Section 6. The President shall have an official residence. The salaries of the President and Vice-President shall be
determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect
until after 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.

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have
qualified.

If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have
been chosen and qualified.

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 Vice-President 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 Vice-President 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 V1 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 V1 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 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.

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 government-owned or controlled corporations or their subsidiaries. They
shall strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth 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 government-owned or controlled
corporations and their subsidiaries.

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.

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 disapproved by the Commission on Appointments or
until the next adjournment of the Congress.

Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.

Section 18. The President shall be the Commander-in-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 twenty-four hours following such proclamation or suspension, convene in
accordance with its rules without 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 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 decision 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 23. The President shall address the Congress at the opening of its regular session. He may also appear
before it at any other time.

ARTICLE VIII
JUDICIAL DEPARTMENT

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.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the 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.

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.

Section 4.

The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its
discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the
occurrence thereof.

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.

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.

Section 5. The Supreme Court shall have the following powers:

7. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

8. 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:

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.

All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation
thereto.

All cases in which the jurisdiction of any lower court is in issue.

 All criminal cases in which the penalty imposed is reclusion perpetua or higher.

All cases in which only an error or question of law is involved.

9. 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.

10. Order a change of venue or place of trial to avoid a miscarriage of justice.

11. 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
under-privileged. 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.

12. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.