EXECUTIVE DEPARTMENT NOTE: There can never be any reelection when it comes to the
President. For Vice-President, the caveat is that not more than two
1. PRESIDENT
A. QUALIFICATIONS
Art. 7, Sec. 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.
TERM
Art. 7, Sec. 4 par. 1-2
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.
ELECTION
Art. 7, Sec. 4, par. 3-7
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.
OATH
Art. 7, Sec. 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].
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successive terms can be allowed.
QUESTION: What if you merely took over the Office of the President,
such as when the President died, resigned, impeached and you are
the Vice President, can you still run for Presidency?
ANS: The caveat there is with respect to a person who succeeds to
the Office of the President, the disqualifications happens if that
person has succeeded as president and served in such capacity for
more than 4 years, then he shall no longer be eligible for reelection.
ILLUSTRATION: Gloria Macapagal-Arroyo
Remember that she was the Vice President of Erap. When Erap
resigned pursuant to the case of ESTRADA vs. DESIERTO, Gloria
succeeded the Presidency. Did Gloria run after he succeeded Erap?
Yes. She ran against Fernando Poe Jr. QUESTION: How come she was
able to run? Did that constitutional prohibition apply to her? NO.
Because she took over the Office of the President but it was not more
than 4 years. She only served for a period of 2 years. Therefore, she
was still eligible to run for the Presidency.
With respect to all other elective officers, COMELEC serves as the
board of canvassers. But when it comes to the President and the Vice-
President, it is Congress that acts as the board of canvassers. In fact,
if there are any questions as to the qualifications of the President, the
Presidential Electoral Tribunal is the Supreme Court, which acts as
the sole judge with regard to all election return and qualifications for
the Office of the President.
SANTIAGO VS. RAMOS (1996)
Meriam Defensor Santiago ran for President against Fidel V. Ramos
in 1992. She lost and filed an election protest before the Supreme
Court. Pending her protest in 1995, she ran for Senator and
eventually won. What happened to her protest? It was deemed
moot and academic.
“WHEREFORE, the Tribunal hereby resolved to DISMISS the instant
election protest, since it has been rendered moot and academic by
its abandonment or withdrawal by the Protestant as a
consequence of her election and assumption of office as Senator
and her discharge of the duties and functions thereof.”
POE, JR. VS. MACAPAGAL (2005)
The effect of the death of the protestant in a presidential election
renders also the protest moot and academic.
B. PRIVILEGE AND SALARY
Art. 7, Sec. 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.
Executive Privilege
AKBAYAN VS. AQUINO
When it comes to diplomatic negotiations with other countries,
the President can withhold information thereto from the public
despite the broad powers of Congress to conduct inquiries in aid
of legislation. Diplomatic negotiations fall under the Executive
 Privilege. An essential characteristic of diplomacy is its confidential Government who are cabinet members and also members of the
terms. Hence, when it comes to foreign relations, the executive National Amnesty Commission.
branch is the agency tasked by the Constitution to administer.
BITONIO VS. COA (2004)
NERI VS. SENATE COMMITTEE (2008) The COA anchors the disallowance of per diems in the case of Civil
Elements of Presidential Communications Privilege: Liberties Union v. Executive Secretary where the Court declared
1. The protected communication must relate to a Executive Order No. 284, allowing government officials to hold
“quintessential and non-delegable presidential power.” multiple positions in government unconstitutional. Thus, Cabinet
2. The communication must be authored or “solicited and Secretaries, Undersecretaries, and their Assistant Secretaries are
received” by a close advisor of the President or the prohibited to hold other government offices or positions in
President himself. The judicial test is that an advisor addition to their primary positions and to receive compensation
must be in “operational proximity” with the President. therefor, except in cases where the Constitution expressly
3. The presidential communications privilege remains a provides.
qualified privilege that may be overcome by a showing
of adequate need, such that the information sought It must be noted that the petitioner’s presence in the PEZA Board
“likely contains important evidence” and by the meetings is solely by virtue of his capacity as representative of
unavailability of the information elsewhere by an the Secretary of Labor. As the petitioner himself admitted, there
appropriate investigating authority. was no separate or special appointment for such position. Since
the Secretary of Labor is prohibited from receiving compensation
C. PROHIBITIONS for his additional office or employment, such prohibition likewise
Art. 7, Sec. 13 applies to the petitioner who sat in the Board only in behalf of the
The President, Vice-President, the Members of the Cabinet, and their Secretary of Labor.
deputies or assistants shall not, unless otherwise provided in this
Constitution, hold any other office or employment during their PUBLIC INTEREST VS. ELMA (2006)
tenure. They shall not, during said tenure, directly or indirectly, Concurrent appointments of the respondent as PCGG Chairman
practice any other profession, participate in any business, or be and CPLC were unconstitutional. It ruled that the concurrent
financially interested in any contract with, or in any franchise, or appointment to these offices is in violation of Section 7, par. 2,
special privilege granted by the Government or any subdivision, Article IX-B of the 1987 Constitution, since these are incompatible
agency, or instrumentality thereof, including government-owned or offices. The duties of the CPLC include giving independent and
controlled corporations or their subsidiaries. They shall strictly avoid impartial legal advice on the actions of the heads of various
conflict of interest in the conduct of their office. executive departments and agencies and reviewing investigations
The spouse and relatives by consanguinity or affinity within the fourth involving heads of executive departments. Since the actions of
civil degree of the President shall not, during his tenure, be appointed the PCGG Chairman, a head of an executive agency, are subject
as Members of the Constitutional Commissions, or the Office of the to the review of the CPLC, such appointments would be
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads incompatible.
of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries. COMPARE PROHIBITIONS AGAINST OTHER OFFICIALS
Art. 7, Sec. 13 Art. 9-A, Sec. 2
• President, Vice-President, Members of the Cabinet, their The President, Vice-President, the Section 2. No member of a
Deputies and Assistants shall not unless otherwise provided hold Members of the Cabinet, and their Constitutional Commission shall,
any other office or employment. deputies or assistants shall not, during his tenure, hold any other
unless otherwise provided in this office or employment. Neither shall
• Will not allow private employment or any other employment, or
Constitution, hold any other office he engage in the practice of any
prohibited to engage in business. or employment during their tenure. profession or in the active
• Congressman or any in the Legislative Branch - can still do private They shall not, during said tenure, management or control of any
business, or does not need to divest or stop private business. directly or indirectly, practice any business which, in any way, may be
Provided, he disclose it in his SALN. other profession, participate in any affected by the functions of his
• However, both for members of congress and the executive family, business, or be financially office, nor shall he be financially
when it comes to contracts regarding the government, they are interested in any contract with, or interested, directly or indirectly, in
in any franchise, or special privilege any contract with, or in any
prohibited to have any financial interest or aid.
granted by the Government or any franchise or privilege granted by
subdivision, agency, or the Government, any of its
CIVIL LIBERTIES UNION VS. EXECUTIVE SECRETARY (1991) instrumentality thereof, including subdivisions, agencies, or
Evidently, the intent of the framers of the Constitution was to government-owned or controlled instrumentalities, including
impose a stricter prohibition on the President and his official corporations or their subsidiaries. government-owned or controlled
family. The prohibition under Section 13 covers positions held They shall strictly avoid conflict of corporations or their subsidiaries.
without compensation in ex-officio capacity. interest in the conduct of their
office.
The spouse and relatives by
NATIONAL AMNESTY COMM. VS. COA (2004) consanguinity or affinity within the
Persons seating in an ex-officio capacity are not entitled to any fourth civil degree of the President
additional compensation because they are seating there by shall not, during his tenure, be
reason of, and related to, their office. Persons holding ex-officio appointed as Members of the
positions include secretaries of the Department of Justice, Constitutional Commissions, or the
National Defense, and Department of Interior and Local Office of the Ombudsman, or as

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 Secretaries, Undersecretaries, o if the President resigns (Case: Estrada vs Disierto)
chairmen or heads of bureaus or • If before.beginning the term- acting lang
offices, including government- • If during the term- VP becomes actual President
owned or controlled corporations
and their subsidiaries.
• NOTE: Term of President- 6 years with no re-election
Art. 9-B, Sec. 7 Art. 8, Sec. 12 • NOTE: If you succeed to the Office of the President and served
No elective official shall be eligible The Members of the Supreme Court for more than four years, cannot be re-elected.
for appointment or designation in and of other courts established by • If less than four years, qualified for re-election. i.e. Gloria
any capacity to any public office or law shall not be designated to any Macapagal Arroyo
position during his tenure. agency performing quasi-judicial or
Unless otherwise allowed by law or administrative functions. ESTRADA VS. DESIERTO (2001)
by the primary functions of his
position, no appointive official shall
Resignation is not a high level legal abstraction. It is a factual
hold any other office or question and its elements are beyond quibble: there must be an
employment in the Government or intent to resign and the intent must be coupled by acts of
any subdivision, agency or relinquishment.The validity of a resignation is not governed by any
instrumentality thereof, including formal requirement as to form. It can be oral. It can be written. It
Government-owned or controlled can be express. It can be implied. As long as the resignation is clear,
corporations or their subsidiaries. it must be given legal effect.
Using this totality test, we hold that petitioner resigned as
Exceptions to rule prohibiting executive officials from holding President. We hold that the resignation of the petitioner cannot
additional positions: be doubted. It was confirmed by his leaving Malacañang. In the
(1) Vice-President as member of the Cabinet (Art. 7, Sec. 3, Par. 2) press release containing his final statement,
The Vice-President may be appointed as a Member of the Cabinet. (1) he acknowledged the oath-taking of the respondent as
Such appointment requires no confirmation. President of the Republic albeit with reservation about its legality;
(2) he emphasized he was leaving the Palace, the seat of the
(2) Secretary of Justice as members of Judicial and Bar Council (Art. 8, presidency, for the sake of peace and in order to begin the healing
Sec. 8, Par. 1) process of our nation. He did not say he was leaving the Palace due
In case of death, permanent disability, removal from office, or to any kind inability and that he was going to re-assume the
resignation of the President, the Vice-President shall become the presidency as soon as the disability disappears:
President to serve the unexpired term. In case of death, permanent (3) he expressed his gratitude to the people for the opportunity to
disability, removal from office, or resignation of both the President serve them. Without doubt, he was referring to the past
and Vice-President, the President of the Senate or, in case of his opportunity given him to serve the people as President
inability, the Speaker of the House of Representatives, shall then act (4) he assured that he will not shirk from any future challenge that
as President until the President or Vice-President shall have been may come ahead in the same service of our country. Petitioner's
elected and qualified. reference is to a future challenge after occupying the office of the
president which he has given up; and
(3) Ex officio positions (5) he called on his supporters to join him in the promotion of a
constructive national spirit of reconciliation and solidarity.
D. SUCCESSION Certainly, the national spirit of reconciliation and solidarity could
not be attained if he did not give up the presidency.
• Rule: If there is a Vice President and there is no President before
the term because the President has not been chosen or not yet What leaps to the eye from these irrefutable facts is that both
been qualified, the Vice-President shall only become the acting houses of Congress have recognized respondent Arroyo as the
President until a Presdient has been chosen. President. Implicitly clear in that recognition is the premise that
• If at the beginning of the term, there is no Pres but there is VP, the inability of petitioner Estrada. Is no longer temporary.
and the ground that there is no Pres is that he has become Congress has clearly rejected petitioner's claim of inability.
permanently incapacitated. Only at this circumstance will the VP
becomes the President and not in an acting capacity. (1) At the beginning of term
• If before the term there is no VP and there is no President, under Art. 7, Sec. 7
the Constitution it will be the Senate President who shall be the The President-elect and the Vice President-elect shall assume office
Acting-President or in his inability- the Speaker of the House, until at the beginning of their terms.
a President and Vice-President shall have been qualified. If the President-elect fails to qualify, the Vice President-elect shall act
• If the reason why there is no VP and that the President has died as President until the President-elect shall have qualified.
or permanently incapacitated, then the Congress will have to If a President shall not have been chosen, the Vice President-elect
enact a law as to the manner of selecting who will become the shall act as President until a President shall have been chosen and
President, if both the Senate and the Speaker shall be enable to qualified.
act as the President. If at the beginning of the term of the President, the President-elect
• If during the term, there is a permanent vacancy in the Office of shall have died or shall have become permanently disabled, the Vice
the President, then the Vice-President becomes the President, President-elect shall become President.
but only in the following instances: Where no President and Vice-President shall have been chosen or
o if the President has died shall have qualified, or where both shall have died or become
o if the President is removed from the Office permanently disabled, the President of the Senate or, in case of his
o if the President is permanently incapacitated ie. Insanity inability, the Speaker of the House of Representatives, shall act as
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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.
(2) During term
Art. 7, Sec. 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.
(3) In case of temporary disability
Art. 7, Sec. 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.
Art. 7, Sec. 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.
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BORJA VS. COMELEC (1998)
The Vice-President is elected primarily to succeed the President in
the event of the latter’s death, permanent disability, removal or
resignation. While he may be appointed to the cabinet, his
becoming so is entirely dependent on the good graces of the
President. In running for Vice-President, he may thus be said to
also seek the Presidency. For their part, the electors likewise
choose as Vice-President the candidate who they think can fill the
Presidency in the event it becomes vacant. Hence, service in the
presidency for more than four years may rightly be considered as
service for a full term.
This is not so in the case of the vice-mayor. Under the Local
Government Code, he is the presiding officer of the Sanggunian
and he appoints all officials and employees of such local
assembly. He has distinct powers and functions, succession to
mayorship in the event of vacancy therein being only one of
them. It cannot be said of him, as much as of the Vice-President
in the event of a vacancy in the Presidency, that in running for
vice-mayor, he also seeks the mayorship. His assumption of the
mayorship in the event of vacancy is more a matter of chance
than of design. Hence, his service in that office should not be
counted in the application of any term limit.
To recapitulate, the term limit for elective local officials must be
taken to refer to the right to be elected as well as the right to serve
in the same elective position. Consequently, it is not enough that
an individual has served three consecutive terms in an elective
local office; he must also have been elected to the same position
for the same number of times before the disqualification can
apply.
E. REMOVAL
Art. 11, Sec. 2
The President, Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust. All
other public officers and employees may be removed from office as
provided by law, but not by impeachment.
Art. 11, Sec. 3
(1) The House of Representatives shall have the exclusive power to
initiate all cases of impeachment.
(2) A verified complaint may be filed by any Member of the House of
Representatives or by any citizen upon a resolution of endorsement
by any Member thereof, which shall be included in the Order of
Business within ten session days, and referred to the proper
Committee within three session days thereafter. The Committee,
after hearing, and by a majority vote of all its Members, shall submit
its report to the House within sixty session days from such referral,
together with the corresponding resolution. The resolution shall be
calendared for consideration by the House within ten session days
from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall
be necessary either to affirm a favorable resolution with the Articles
of Impeachment of the Committee, or override its contrary
resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed
by at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same
official more than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be
on oath or affirmation. When the President of the Philippines is on
trial, the Chief Justice of the Supreme Court shall preside, but shall
not vote. No person shall be convicted without the concurrence of
two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than
removal from office and disqualification to hold any office under the
Republic of the Philippines, but the party convicted shall nevertheless
be liable and subject to prosecution, trial, and punishment according
to law.
(8) The Congress shall promulgate its rules on impeachment to
effectively carry out the purpose of this section.
Why is there a 3-term limit?
• SC: 1) to prevent establishment of political dynasties- the hands
of political power will only be with one person; 2) enhancing the
freedom of choice of the people.
• There is a difference between the case of V-Mayor and that of a
member of the House of Representative who succeeds another
(who either dies, resigns or incapacitated from Office)-- the Vice
Mayor succeeds by operation of law, on the other
hand, Representatives- if layo-layo pa ang vacancy, someone
must be elected to fill the vacancy for Congress.
• SC: There is another reason why the VP who succeeds to the
presidency and serves in that office for more than four years is
ineligible for election. The VP is elected primarily to succeed the
President in the event of the latters death, disability, removal or
resignation. While he may be appointed to the cabinet (on the
good graces of the President), in running for VP he may thus be
said to succeed the presidency .
• The Vice- Mayor, under the Local Government Code, he is the
local presiding officer of the Sanggunian. You are to chair all
sessions of the Sanggunian and to appoint official employees
under the local assembly. Vice Mayor has distinct powers and
functions other than to succession to the Mayorship.
Local Officials- requirements for 1 term: must have been elected to
the position and must have fully served the position.
F. POWERS AND FUNCTION OF THE PRESIDENT
(1) Executive Power
Art. 7, Sec. 1
The executive power shall be vested in the President of the
Philippines.
Art. 7, Sec. 17
The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully
executed.
MARCOS vs. MANGLAPUS (1989)
Admittedly, service and protection of the people, the maintenance
of peace and order, and the protection of life, liberty and property,
and the promotion of the general welfare are essentially ideals to
guide governmental action. But such does not mean that they are
empty words. Thus, in the exercise of presidential functions, in
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drawing a plan of government, and in directing implementing
action for these plans, or from another point of view, in making
any decision as President of the Republic, the President has to
consider these principles, among other things, and adhere to
them. To the President, the problem is one of balancing the
general welfare and the common good against the exercise of
rights of certain individuals. The power involved is the President's
residual power to protect the general welfare of the people. It is
founded on the duty of the President, as steward of the people.
OPLE vs. TORRES (1998)
An administrative order is an ordinance issued by the President
which relates to specific aspects in the administrative operation
of government. It must be in harmony with the law and should
be for the sole purpose of implementing the law and carrying out
the legislative policy. We reject the argument that A.O. No. 308
implements the legislative policy of the Administrative Code of
1987.
It cannot be simplistically argued that A.O. No. 308 merely
implements the Administrative Code of 1987. It establishes for the
first time a National Computerized Identification Reference
System. Such a System requires a delicate adjustment of various
contending state policies — the primacy of national security, the
extent of privacy interest against dossier-gathering by
government, the choice of policies, etc.
KMU vs. DIRECTOR GEBERAL (2006)
The Constitution also mandates the President to ensure that the
laws are faithfully executed. There are several laws mandating
government entities to reduce costs, increase efficiency, and in
general, improve public services. The adoption of a uniform ID
data collection and format under EO 420 is designed to reduce
costs, increase efficiency, and in general, improve public
services. Thus, in issuing EO 420, the President is simply
performing the constitutional duty to ensure that the laws are
faithfully executed.
Legislative power is the authority to make laws and to alter or
repeal them. In issuing EO 420, the President did not make, alter
or repeal any law but merely implemented and executed existing
laws. EO 420 reduces costs, as well as insures efficiency,
reliability, compatibility and user-friendliness in the
implementation of current ID systems of government entities
under existing laws. Thus, EO 420 is simply an executive
issuance and not an act of legislation.
(2) Control of executive department
Art. 7, Sec. 17
The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully
executed.
• The President has control of all executive departments, bureaus
and offices. He has the right to see to it that laws are faithfully
executed and are followed. He also has supervision over local
government units.
• Power of Control - refers to power to alter, modify, nullify or set
aside the acts of subordinate officer. The effect of the power of
control is only with respect to the acts. The President having
 control power over subordinates can exercise of authority by the
subordinates.
• Power of supervision – is to oversee that the subordinates are
performing their functions. The effect may be both with the acts
and the actor. If the subordinate does not perform the function,
the person may even be investigated.
QUALIFIED POLITICAL AGENCY –
ANGELES vs. GAITE (2011)
The President's act of delegating authority to the Secretary of
Justice by virtue of said Memorandum Circular is well within the
purview of the doctrine of qualified political agency, long been
established in our jurisdiction.
Under this doctrine, which primarily recognizes the establishment
of a single executive, "all executive and administrative
organizations are adjuncts of the Executive Department; the
heads of the various executive departments are assistants and
agents of the Chief Executive; and, except in cases where the Chief
Executive is required by the Constitution or law to act in person or
the exigencies of the situation demand that he act personally, the
multifarious executive and administrative functions of the Chief
Executive are performed by and through the executive
departments, and the acts of the secretaries of such
departments, performed and promulgated in the regular course
of business, are, unless disapproved or reprobated by the Chief
Executive, presumptively the acts of the Chief Executive.
XPN: The declaration of martial law, the suspension of the writ of
habeas corpus, and the exercise of the pardoning power.
SECRETARY vs. MABALOT (2002)
The President, through his duly constituted political agent and
alter ego, may legally and validly decree the reorganization of the
Department, particularly the establishment of the DOTCCAR as
the LTFRB Regional Office of CAR with the concomitant transfer
and performance of public functions and responsibilities
appurtenant to a regional office of the LTFRB.
There are three modes of establishing an administrative body: (1)
Constitution; (2) Statute; and (3) by authority of law. This case
falls under the third category.
The DOTC Secretary, as alter ego of the President, is authorized
by law to create and establish the LTFRB-CAR Regional Office.
This is anchored on the President’s “power of control” under sec.
17, Art. VII, 1987 Constitution.
DENR vs. DENR EMPLOYEES (2003)
The DENR Secretary can validly reorganize the DENR by ordering
the transfer of the DENR XII Regional Offices from Cotabato City to
Koronadal, South Cotabato. The exercise of this authority by the
DENR Secretary, as an alter ego, is presumed to be the acts of the
President for the latter had not expressly repudiated the same.
• We mention that the President shall have the power of control
over all executive departments, bureau's and offices, but the
effect of control is only with respect to the acts. We also tried to
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compare the power of control vis a vis the power of supervision,
we said that power of control as supposed to the power of
supervision, while control refers to the power to alter, modify,
nullify, set aside certain acts of the subordinate officer; the power
of supervision is to see to it or to oversee that the subordinate are
performing their functions. In fact, if you look at the Consti
provision, article 10 section 4, it states their that The President of
the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and
municipalities, and cities and municipalities with respect to
component barangays, shall ensure that the acts of their
component units are within the scope of their prescribed powers
and functions.
(3) General supervision of local government and autonomous regions
Art. 10, Sec. 4
The President of the Philippines shall exercise general supervision
over local governments. Provinces with respect to component cities
and municipalities, and cities and municipalities with respect to
component barangays shall ensure that the acts of their component
units are within the scope of their prescribed powers and functions.
GANZON vs. COURT OF APPEALS (1991)
The power of supervision by the President or in this case, through
his cabinet secretary, the DILG, involves the power to investigate
local officials. It involves the power to discipline local officials and
it even involves the power to remove public officers. The Mayor of
Iloilo in this case remains accountable to the President by virtue of
the latter’s power of supervision.
JOSON vs. TORRES (1998)
In this case, the disciplining authority is supposed to be the
President, but precisely because the President cannot possibly
look into all the aspects of his executive power, which is why we
have the doctrine of qualified political agency through his different
department secretaries. So, in this case, that discipline authority
was delegated as well as the power to investigate to that DILG or
the special investigation committee, as part of exercising the
president's power of general supervision over local governments.
The president still has power through the DILG, again the power of
supervision which means overseeing that an officer or their
subordinate officers performed their duties and this general
supervision, means no more than the power of ensuring that again
laws are faithfully executed. So, jurisdiction is still allowable for the
DILG, on the power to discipline, because this power is not really
inconsistent with the power to supervise because again, the
constitution requires that the president shall ensure that the local
government officials have faithfully complied with their duties or
faithfully executed the laws.
(4) Power of appointment
A. WITH CONSENT OF COMMISSION ON APPOINTMENTS
There are 4 categories in the appointing power of the president:
1. Those which require the confirmation of the commission on
appointments. These are the heads of executive
departments, ambassadors, public ministers, and consuls,
officers of the AFP from the rank of colonel and naval
captain, chairman and members of the constitutional
commissions, regular members of the judicial and bar
council as well as sectoral representatives. If you look at it,
this is the first category. This category requires the
 confirmation of Commission on Appointments (remember,
CA is under the legislative branch, katung 15 sila kabuok,
based on proportional representation).
2. Those appointments are not otherwise provided by law,
either because congress failed to provide the appointing
authority or the appointing is unconstitutional.
3. Those whom the president may be authorized by law to
appoint.
4. Those whose appointments of officers lower in rank were
made by law, by congress, or the president alone. If you
look at it, there are also other appointments which are
required by the president upon recommendation of the
judicial and bar council. If you look at your outline,
members of the Supreme Court and all other courts, as well
as the Ombudsman and his Deputies upon
recommendation by their Judicial and Bar Council and of
course appointment of the vice president as a member of
the cabinet.
• Not all appointments require confirmation from CA; only those
stated with the heads of departments, ambassadors, officers of
the AFP, and members of the Constitutional Commission, sectoral
representatives, and regular members of the Judicial and Bar
Council. When you talk about this power of appointment, the
power of the President to appoint is essentially characterized as
discretionary and at the same time essentially executive, which
means that if it is discretionary, there must always be the element
of choice. for congress can also provide for qualifications, you
cannot just also appoint anybody who does not have the
qualifications, however, the appointing authority must have that
element of choice, so that if the qualifications are in fact so
restrictive wherein only one can be appointed, that is already
violative of the appointing authority. In short, in the power of
appointment, when we say it is discretionary, as long as all of
them are qualified, the choice belongs to the President as to
whom to appoint. No law, not even Congress, can tell the
President who should be appointed. This element of choice solely
belongs to the President.
MANALO vs. SISTOZA
The constitutional provision states that officers or the armed
forces, the constitution did not state that officers of the Philippine
national police, the constitution is clear, it is only for armed forces
and that this group which requires confirmation from CA this
listing cannot be expanded by any form of legislation. because of
that, even if these 15 high ranking officers of the PNP were
promoted, even if they were promoted or appointed, their
appointment does not require the confirmation of the CA.
SORIANO vs. LISTA (2004)
SC said, that the Constitution is clear, only armed forces, ang PCG,
coast guard, under the DOTC, which is separate and distinct entity.
Again, when the language of the statute is clear, plain and
unambiguous, you just follow that, instead of adding further
construction; if the provisions are clear, then there is no need for
additional interpretations.
PIMENTEL vs. ERMITA (2005)
GMA appointed cabinet secretaries in an acting capacity. A cabinet
secretary is the alter ego of the president, naturally, the president
will appoint those persons whom he trust, or join the presidents
confidence, thus the very nature of the office of dept or sec, the
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president may appoint in an acting capacity any person of his or
her choice even if congress is not in session, anyway if u look at the
second page 15, under administrative code, in fact the president
can issue temporary designation. the president may designate an
officer already in the government service or any competent person
to perform the function of all offices in the executive branch,
appointment to which is vested in him by law when the officer
regularly appointed officer is unable to perform his duties by
reason of illness, absence or any other cause, there exist a vacancy
but in no case shall a temporary designation exceed 1 year, later
on, there was even no abuse here, SC said, this court finds no
abuse in the present case, The absence of abuse is readily
apparent from President Arroyo’s issuance of ad interim
appointments to respondents immediately upon the recess of
Congress, way before the lapse of one year. So, 1 yeas has not yet
finished, an ad interim was already given. So let them be whether
the CA confirms it or not; it still prevented the abuse sought by the
respondents. Point is, president can in fact appoint vacancies in
the cabinet even if congress is not in session.
a. Heads of Departments
Art. 7, Sec. 16
b. Ambassador, public ministers, and consuls
Art. 7, Sec. 16
c. Officers of the armed forces from the rank of colonel and naval
captain
Art. 7, Sec. 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.
d. Chairman and Members of the Constitutional Commissions
Art. 9-B, Sec. 1(2)
The Chairman and the Commissioners shall be appointed by the
President with the consent of the Commission on Appointments for a
term of seven years without reappointment. Of those first appointed,
the Chairman shall hold office for seven years, a Commissioner for five
years, and another Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.
e. Regular Members of the Judicial and Bar Council
Art. 8, Sec. 8(2)
The regular Members of the Council shall be appointed by the
President for a term of four years with the consent of the Commission
on Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for four years, the
professor of law for three years, the retired Justice for two years, and
the representative of the private sector for one year.
f. Sectoral Representatives
Art. 18, Sec. 7
Until a law is passed, the President may fill by appointment from a list
of nominees by the respective sectors the seats reserved for sectoral
representation in paragraph (2), Section 5 of Article VI of this
Constitution.
RA 7941
AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST
REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND
APPROPRIATING FUNDS THEREFOR
Sec. 1 Title. This Act shall be known as the "Party-List System Act."
QUINTOS-DELES vs. COMMISSION ON APPOINTMENTS (1992)
Sectoral representatives need the confirmation of the CA. Here,
the SC said appointments by the President of sectoral
representatives require the consent of the Commission on
Appointments in accordance with the first sentence of Section 16,
Art. VII of the Constitution. More to the point, petitioner Deles'
appointment was issued not by virtue of Executive Order No. 198
but pursuant to Art. VII, Section 16, paragraph 2 and Art. XVIII,
Section 7 of the Constitution which require submission to the
confirmation process.
B. UPON RECOMMENDATION OF THE JUDICIAL AND THE BAR
COUNCIL
a. Members of the Supreme Court and all other courts
Art. 8, Sec. 9
The Members of the Supreme Court and judges of lower courts shall
be appointed by the President from a list of at least three nominees
prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
b. Ombudsman and Deputies
Art. 11, Sec. 9
The Ombudsman and his Deputies shall be appointed by the President
from a list of at least six nominees prepared by the Judicial and Bar
Council, and from a list of three nominees for every vacancy
thereafter. Such appointments shall require no confirmation. All
vacancies shall be filled within three months after they occur.
C. APPOINTMEN OF THE VICE-PRESIDENT AS MEMBER OF THE
CABINET
Art. 7, Sec. 3
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.
D. APPOINTMENT SOLELY BY THE PRESIDENT
a. Those whose appointments are not otherwise provided by law.
b. Those whom he may be authorized by law to appoint.
BERMUDEZ vs. TORRES (1999)
In this case, two persons vying for a position; one was victorious,
the other lost – it was argued that man you cannot appoint as
provincial prosecutor absence of a favorable recommendation
from the secretary of justice. The SC held that The power to
appoint is, in essence, discretionary. The appointing power has the
right of choice which he may exercise freely according to his
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judgment, the phrase "upon recommendation of the Secretary," is
merely an advise, exhortation or endorsement, which is essentially
persuasive in character and not binding or obligatory upon the
party to whom it is made. As to the appointing authority, must be
of choice. kung kinsa ang pilion sa appointee authority, like in this
case, the President, mao na ang masunod.
E. POWER TO REMOVE BY THE PRESIDENT
GONZALES vs. OFFICE OF THE PRESIDENT (2012)
In this case, Mendoza, went on a rampage because while he was
holding hostage apparently he had a motion for reconsideration
that was still pending with the office for deputy ombudsman
Gonzales, pending for almost 9 months and was still unresolved.
So, in order motion will be taken into action, Mendoza did hostage
the Chinese nationals. But here, Gonzales here was charged with
gross neglect as well as grave misconduct and later on, he was
removed. First, can he be removed from the Ombudsman? Is it not
independent? By the doctrine of implication the power to appoint
carries with it the power to remove.48 As a general rule, therefore,
all officers appointed by the President are also removable by
him.49 The exception to this is when the law expressly provides
otherwise - that is, when the power to remove is expressly vested
in an office or authority other than the appointing power. But here,
there was no enough evidence to show that there was really
betrayal of public trust, or there was really a grave or serious
neglect of his duty. Point here, the power of the president to
remove this deputy of ombudsman or special prosecutor is implied
also from his power to appoint.
F. LIMITAIONS ON APPOINTING POWER OF THE PRESIDENT
Art. 7, Sec. 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.
Art. 7 Sec. 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.
• We mentioned that the appointing power of the president is
discretionary, and in fact in the previous case of Bermudez, upon
the recommendation of the secretary is not even binding it's just
recommendatory. What really matter is the element of choice,
the choice on the part of the president, as long as he is qualified
for the positions he applied.
 • Now, there are limitations on this appointing power of the
President. We have Section 13, we already discussed the direct
and indirect practice in profession but section 15 refers to
MIDNIGHT APPOINTMENTS. Section 15, Article 7, 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. So, there is this prohibition, 2
months before mag presidential election. Since the incumbent
president will be replaced, it may be possible that he would
appoint persons to high positions so those he appointed would
have loyalty for him; this is what is being prevented by the
provision of "Midnight Appointment", (1) to prevent vote buying,
at the same time (2) to prevent partisan considerations because
of course if you are the presidential appointee; once a case is filed
against you, the person you appointed two months before would
choose in favor of you. If the constitution provision says that
appointments are allowed to certain executive positions, as if
there is a continued vacancy but this appointments must be
temporary.
IN RE: HON. MATEO A. VALENZUELA (1998)
the SC held During the period stated in Sec. 15, Art. VII of the
Constitution “two months immediately before the next
presidential elections and up to the end of his term” the President
is neither required to make appointments to the courts
nor allowed to do so; and that Secs. 4(1) and 9 of Art. VIII simply
mean that the President is required to fill vacancies in the courts
within the time frames provided therein unless prohibited by Sec.
15 of Art. VII. This prohibition on appointments comes into effect
once every 6 years.
The appointments of Valenzuela and Vallarta were unquestionably
made during the period of the ban. They come within the
operation of the prohibition relating to appointments. While the
filling of vacancies in the judiciary is undoubtedly in the public
interest, there is no showing in this case of any compelling reason
to justify the making of the appointments during the period of the
ban.
DE CASTRO vs. JBC
This case totally reversed the ruling in in re: Valenzuela because
ingon sa Valenzuela, March, April, May, two months before
election, nag appoint siya ug RTC judge, the SC held that you
cannot appoint ug RTC judge because it is within two months.Here
comes the case of De Castro, naay na appoint, dili lang RTC judge
but Chief justice sa Supreme Court, ingon sa constitution, if there
is an empty vacancy in the office of the Chief Justice, or any other
justices, such vacancy must be filled within 90 days. Remember,
the vacancy occured 7 days before the election, so, other said dili
ka pwede maka appoint kay maigo ka sa midnight appointment.
The SC held, in this connection PHILCONSA's urging of a revisit and
a review of valenzuela, the previous ruling is timely and
appropriate, Valenzuela arbitrarily ignored the express intent of
the constitutional commission to have section 4, Article 8,
stand independently of any other provision, least of all one found
in Article VII. Consequently, prohibiting the incumbent President
from appointing a Chief Justice on the premise that Section 15,
Article VII extends to appointments in the Judiciary cannot be
sustained. A misinterpretation like Valenzuela should not be
allowed to last after its false premises have been exposed. It will
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not do to merely distinguish Valenzuela from these cases, for the
result to be reached herein is entirely incompatible with what
Valenzuela decreed. Consequently, Valenzuela now deserves to
be quickly sent to the dustbin of the unworthy and forgettable.
Here, the SC reversed the ruling in Valenzuela. Also, the SC held
that Section 15, Article VII does not apply as well to all other
appointments in the Judiciary. There is no question that one of the
reasons underlying the adoption of Section 15 as part of Article VII
was to eliminate midnight appointments from being made by
an outgoing Chief Executive and directed against two types of
appointments: (1) those made for buying votes and (2) those made
for partisan considerations. Thus, Section 15 applies only to the
executive department.
INTERIM OR RECESS APPOINTMENTS
Art. 6, Sec. 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.
Art. 7, Sec. 16(2)
The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until after disapproval by the
Commission on Appointments or until the next adjournment of the
Congress.
• Refer to those appointments made when congress is not in
session and yet requires the confirmation of the commission on
appointments; appointment made during recess but requires the
confirmation of the CA.
• If the appointment does not require the confirmation of CA, even
if congress is not in session it is still a regular appointment
because a recess appointment only covers the first category
under the constitution which requires the confirmation of CA.
CONCEPCION BAUTISTA vs. SALONGA (1989)
In this case, also the commission from human rights, does it need
confirmation by the CA? the SC held that No, even if it was made
during recess it is still not an ad interim or recess appointment
because ad interim is one way when congress is in recess which
requires the confirmation of the CA. In this case, this does not need
the confirmation of CA.
G. TEMPORARY DESIGNATIONS
Administrative Code of 1987, Bk. III, Sec. 17
The President may designate an officer already in the
government service or any other competent person to perform the
function of all office in the executive branch, appointment to which is
vested in him by law, when:
a. The officer regularly appointed to the office is unable to perform
his duties by reason of illness, absence or any other cause; or
b. there exists a vacancy.
In no case shall a temporary designation exceed 1 year.
H. LIMITATIONS ON APPOINTING POWER OF ACTING PRESIDENT PEOPLE vs. SALLE JR. (1995)
Art. 7, Sec. 14 When you are talking about pardon, one is cannot be pardoned
Appointments extended by an Acting President shall remain effective, until the same has reached finality. In this case, he was convicted,
unless revoked by the elected President within ninety days from his he went up on appeal and then he was pardoned. SC held that
assumption or reassumption of office. considering that appellant Ricky Mengote has not filed a motion to
withdraw his appeal up to this date the conditional pardon
Art. 7, Sec. 15 extended to him should not have been enforced. Where the
Two months immediately before the next presidential elections and judgment of conviction is still pending appeal and has not yet
up to the end of his term, a President or Acting President shall not therefore attained finality, as in the instant case, executive
make appointments, except temporary appointments to executive clemency may not yet be granted to the appellant.
positions when continued vacancies therein will prejudice public
service or endanger public safety. IN RE: TORRES (1995)
A pardon just exempts you from punishment, it does not erase the
Art. 7, Sec. 16 fact that you actually committed a crime. The SC also said whether
The President shall nominate and, with the consent of the or not there is any violation of the conditional pardon, that rest
Commission on Appointments, appoint the heads of the executive exclusively in the sound judgement of the Chief executive. Only the
departments, ambassadors, other public ministers and consuls, or president can give pardons. The SC will not look into it unless of
officers of the armed forces from the rank of colonel or naval captain, course there is grave abuse of discretion.
and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the DISTINGUISHED
Government whose appointments are not otherwise provided for by PARDON PROBATION
law, and those whom he may be authorized by law to appoint. The Pardon is granted by the Chief Probation is a disposition
Congress may, by law, vest the appointment of other officers lower in Executive and as such it is a under which a defendant, after
rank in the President alone, in the courts, or in the heads of private act which must be conviction and sentence, is
departments, agencies, commissions, or boards. pleaded and proved by the released subject to condition
The President shall have the power to make appointments during the person pardoned, because the imposed by the Court and to
recess of the Congress, whether voluntary or compulsory, but such courts take no notice thereof. the supervision of a probation
appointments shall be effective only until after disapproval by the Pardon is granted to one after officer. The filling of the
Commission on Appointments or until the next adjournment of the conviction. Pardon looks application for probation shall
Congress. forward and relieves the be deemed a waiver of the
offender from the right to appeal. No application
(5) Executive clemencies consequences of an offense of for probation shall be
Art. 7, Sec. 19 which he has been convicted, entertained or granted, if the
Except in cases of impeachment, or as otherwise provided in this that is, it abolishes or forgives defendant has perfected an
Constitution, the President may grant reprieves, commutations and the punishment, and for that appeal from judgment of
pardons, and remit fines and forfeitures, after conviction by final reason it does "nor work the conviction. An order granting
judgment. restoration of the rights to or deriving probation shall not
He shall also have the power to grant amnesty with the concurrence hold public office, or the right be appealable.
of a majority of all the Members of the Congress. of suffrage, unless such rights
be expressly restored by the
Art. 9-C, Sec. 5 terms of the pardon," and it "in
No pardon, amnesty, parole, or suspension of sentence for violation no case exempts the culprit
of election laws, rules, and regulations shall be granted by the from the payment of the civil
President without the favorable recommendation of the Commission. indemnity imposed upon him
by the sentence" (article 36,
• Article 7, Section 19, Except in cases of impeachment, or as Revised Penal Code).
otherwise provided in this Constitution, the President may grant PAROLE AMNESTY
reprieves, commutations, and pardons, and remit fines and
Parole is conditional release of Amnesty granted by
forfeitures, after conviction by final judgment.
a prisoner with an unexpired Proclamation of the Chief
• He shall also have the power to grant amnesty with the sentence or suspension of the Executive with the concurrence
concurrence of a majority of all the Members of the Congress. And sentence, without remitting of Congress, and it is a public
that no pardon, amnesty, parole, suspension of sentence for the penalty imposed upon the act of which the courts should
violation of election laws, shall be granted by the president offender. The offender in take judicial notice. Amnesty is
without the favorable recommendation of the commission. parole is eligible after serving cover to classes of persons or
• REPRIEVE – an act which postpones your sentence the minimum of the communities who may be
• COMMUTATION – a reduction of your sentence indeterminate sentence. guilty of political offenses,
• PARDON – a permanent cancellation of your sentence or President can pardon generally before or after the
exemption from punishment regardless of the gravity of the institution of the criminal
• AMNESTY – an act of a sovereign power granting general pardon penalty and nature of the prosecution and sometimes
for an offense. This refers to a certain class of persons crime. The authority to grant after conviction. Amnesty
parole is statutory. looks backward and abolishes
and puts into oblivion the
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 offense itself, it so overlooks
and obliterates the offense
with which he is charged that
the person released by
amnesty stands before the law
precisely as though he had
committed no offense.
EFFECTS OF PARDON
SANCTIONS FOR VIOLATIONS OF CONDITIONAL PARDONS
DOES PARDONING POWER APPLY TO ADMINISTRATIVE CASES?
(6) Power of Commander-in-Chief
Art. 7, Sec. 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 any need of a call.
The Supreme Court may review, in an appropriate proceeding filed by
any citizen, the sufficiency of the factual basis of the proclamation of
martial law or the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction on
military courts and agencies over civilians where civil courts are able
to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons
judicially charged for rebellion or offenses inherent in or directly
connected with the invasion.
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charged within three days,
otherwise he shall be released.
Art. 3, Sec. 13
All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Art. 8, Sec. 1(2)
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and
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CONSTITUTIONAL LAW 1 2nd Exam Coverage Executive
Joint efforts of: Aritalia Martinez Parilla Pahm Reyes Satol Suico Yaplito
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.
• Bar Exam Question: What is the "calling out power of the
president"?
• Section 18- It is the power to call out the Armed Forces to prevent
or suppress lawless violence, invasion or rebellion (David vs
Macapagal-Arroyo)
• Provisions on the Declaration of Martial Law
• Suspension of the privilege of the habeas corpus
o To put safeguard on the limitless power of the President ,
especially because of the lessons learned from the Martial
law.
o Habeas Corpus- is a remedy in case there is illegal restraint on
your liberty.
o Habeas= to have; corpus=body (to have the body)
o For example, a person is arrested without a proper charge
against him or without a warrant of arrest, then is illegally
detained.
• Davao Case of Villavicencio vs Lukban:
o Lukban hurdled all the prostitutes, gipasakay sa barko
gipadala sa Davao. Once they arrived in Davao, Mayor
Lukban announced
o Mayor Lukban hurdled all the prostitutes in Manila and
brought them to Davao. They were given freedom to settle
and establish their life in Davao provided that they will not
leave the place. They filed a case for habeas corpus- their
freedom to travel was impaired because they could not leave
Davao City. SC granted the petition because it is an illegal
restraint on their liberty.
• The privilege of writ of habeas corpus may be suspended in cases
of invasion or rebellion when public safety requires. The writ of
habeas corbus can never be suspended, it is only the privilege of
the writ.
• "During the suspension of the privilege of the writ of habeas
corpus, any person thus arrested or detained shall be judicially
charged within three days, otherwise he shall be released." If the
privilege of wit is suspended, the police now have an extended
time of 72 hours within which to bring your person to the court,
otherwise you will be released.
LASANG vs. GARCIA (1971)
Issue: If the President declares martial law or suspends the
privilege of the writ, can the court look into the declaration and
suspension.
SC: In the exercise of the authority to check whether there is a
factual basis for the declaration of Martial Law, the function of the
Judiciary is merely to check and not supplant the executive
branch. In order to ascertain merely whether or not he has gone
beyond his constitutional limits of his jurisdiction.
SC used the test of arbitrariness or if the President acted
arbitrarily in declaring Martial law or in suspending the privilege of
writ.
GARCIA-PADILLA vs. ENRILE (1983)
SC: The declaration by the President should not be subject to
judicial inquiry because the suspension of the privilege is a military
measure which necessitates the President alone to determine
whether or not he can declare martial law and suspend the
privilege.
 SC: But the court can still check but cannot supplant. test of
arbitrariness
LAGMAN vs. MEDIALDEA (2017)
- The Test to Use and whether or not the power to call out the
armed forces to supress lawless violence, to suspend the privilege
of habeas corbus, and to declare the martial law- How can the
President exercise these powers.
Is the SC allowed to make an in depth investigation on the factors
which led to the declaration of Martial Law (sufficiency of factual
basis)? Can they look into the absolute correctness of the factual
basis for the declaration of martial law?
-- The court is limited. The court can only consider the information
and data available for the President prior to or at the time of the
declaration. It is not allowed to undertake an independent
investigation beyond the pleadings.
Who can question the sufficiency of the factual basis? Does it have
to be a taxpayer suit or legislative suit, etc.?
-- the only requisite to challenge the validity of the suspension to
the privilege of writ habeas corpus and the declaration of martial
law-- is that the petitioner should be citizen and not necessary to
be a taxpayer.
What did the SC said on its power to review vis-a-vi the
congressional power to revoke the proclamation of Martial law?
--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 they have the same trajectory which is
the nullification of the Presidential proclamation. The power to
review can be exercised independently from the power of
revocation by congress.
• Procedure: Martial law declaration is effective for 60 days.
-- When there is a petition to question the proclamation
before the SC, the SC has 30 days to decide the case or to
promulgate a decision. (Sec 18, Art VII)
• Once the President declared a Martial Law, the Congress (upon
knowing the declaration) in fact in discretion shall within 24 hours
file such proclamation or suspension, convene in accordance to
these rule without need of call (if not in session).
• Within 24 hours, they can either revoke the proclamation of the
martial law or extend it.
• How long can Congress extend the Martial Law?-- the Constitution
is silent.
--It does not state when the President declare Martial Law
and the Congress convenes, and later on the Congress decides to
extend the proclamation.
• The test here is the Sufficiency of the Factual Basis for the
President to declare Martial Law.
• NOTE: The Constitution provides to declare
the Philippines under Martial Law or any part thereof, (pwede
kahit sa Mindanao lang or sa Marawi City lang)
• SC:(regarding the step procedure) Indeed the 1987 Constitution
gives the President a sequence of graduated powers. It must be
stressed however that the graduation refers only to hierarchy
based on scopes and effects. It does not in any manner refer to a
sequence, arrangement or order which the Commander-in-Chief
must follow.
• (with Atty Caharian's words) The President may declare Martial
Law even if he have not yet exercised his calling out power with
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the Armed Forces of the Philippines to suppress lawless violence.
He can immediately declare the suspension of the privilege of writ
of habeas corpus even without Martial Law and calling out of the
Armed Forces to suppress lawless violence. The SC held that the
President can exercise these powers independently.
• Limitation: limited to 60 days, possible revocation by the Congress
and possible nullification by the Supreme Court
(7) Emergency Powers
Art. 6, Sec. 23(2)
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.
(8) Contracting and guaranteeing foreign loans
Art. 7, Sec. 20
The President may contract or guarantee foreign loans on behalf of
the Republic of the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as may be provided
by law. The Monetary Board shall, within thirty days from the end of
every quarter of the calendar year, submit to the Congress a complete
report of its decisions on applications for loans to be contracted or
guaranteed by the Government or government-owned and controlled
corporations which would have the effect of increasing the foreign
debt, and containing other matters as may be provided by law.
Art. 12, Sec. 21
Foreign loans may only be incurred in accordance with law and the
regulation of the monetary authority. Information on foreign loans
obtained or guaranteed by the Government shall be made available
to the public.
(9) Power over foreign affairs
a. Treaty making
Art. 7, Sec. 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.
BAYAN vs. EXECUTIVE (2002)
This involves the Visiting Forces Agreement between the USA and
the Philippines and there are two conflicting provisions-- Art VII,
Sec 21 which deals with treaties regardless of subject matter, and
Art XVIII, Sec 25 which is a special provision on the presence of
foreign bases.
SC: The general provision is Art VII, Sec 21 and the more specific
provision concerning military bases is Art XVIII, Sec 25. After
expiration in 1991 of the agreement between the RP and USA
concerning the military bases, foreign military bases troops or
facilities shall not be allowed in the Philippines except under the
treaty duly concurred by the Senate and when the Congress will
requires ratify by a majority of the votes cast by the people in the
national referendum.
• NOTE: When it comes to treaties and international organizations,
you need a two-thirds vote for ratification from the Senate.
• Treaties- these are formal documents which deal with general
subject matter and needs two-thirds approval from the Senate.
 • International Agreement- involves political issues or changes of
national policy. It is not required for the President to give it to the
Senate for ratification. (Pimental vs Office).
b. Deportation undesirable aliens
QUA CHEE GAN vs. DEPORTATION BOARD (1963)
This involves a foreigner who was charged with purchasing a US
dollars without a license and remitted it to Hongkong. They
question the power of the board to investigate and deport the
alien.
NOTE: Under the right to travel and right to due process under the
Bill of Rights, the President acts through an alter ego among aliens
through the Department of Immigration.
The Board of Immigration (now the Commissioner of Immigration)
is given the delegated power to investigate the charges against the
alien. But for purposes of ordering the arrest of the alien and
declaring him as an undesirable alien, ONLY THE PRESIDENT CAN
DO that.
DOMINGO vs. SCHEER (2004)
A foreigner was charged with certain economic crimes. His
permanent residence was granted but later on revoked, deported
and declared as an undesirable alien.
SC: Even if you are an alien, you still need a notice and hearing
before you are deported. You still have the right to adduce
evidence in your behalf.
(10) Power over legislation
a. Message to Congress
Art. 7, Sec. 23
The President shall address the Congress at the opening of its regular
session. He may also appear before it at any other time.
b. Preparation and submission of the budget
Id., Sec. 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.
c. Veto power
Art. 6, Sec. 27
(1) 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.
(2) 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.
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d. Emergency powers
Art. 6, Sec. 23(2)
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.
c. Fixing of tariff rates
Art. 6, Sec. 28(2)
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
wharf age dues, and other duties or imposts within the framework of
the national development program of the Government.
IMMUNITY FROM SUITS
Writ of Amparo and Writ of habeas data
• NOTE: The President, during his term, is immune from all types
of suits (criminal, civil, administrative)-- the Royal Prerogative of
Dishonesty. Why? Separation of powers and for practical
consideration.
• For acts committed before his term as a President, he is also
immune from suit during his term. However, once his term is
over, his immunity will only cover official acts. For non-official
acts, the President is no longer immune.
• If the President acted beyond the boundaries or he committed
acts ultra vires, the President may be held liable.
2. VICE-PRESIDENT
Art. 7, Sec. 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.
B. PRIVILEGE AND SALARY
Art. 7, Sec. 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.
C. PROHIBITIONS
Art. 7, Sec. 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.
Art. 7, Sec. 3(2)
The Vice-President may be appointed as a Member of the Cabinet.
Such appointment requires no confirmation.
D. SUCCESSION
Art. 7, Sec. 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.
E. REMOVAL
Art. 11, Sec. 2
The President, the Vice-President, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust. All
other public officers and employees may be removed from office as
provided by law, but not by impeachment.
Art. 11, Sec. 3
(1) The House of Representatives shall have the exclusive power to
initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member
of the House of Representatives or by any citizen upon a resolution of
endorsement by any Member thereof, which shall be included in the
Order of Business within ten session days, and referred to the proper
Committee within three session days thereafter. The Committee,
after hearing, and by a majority vote of all its Members, shall submit
its report to the House within sixty session days from such referral,
together with the corresponding resolution. The resolution shall be
calendared for consideration by the House within ten session days
from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall
be necessary either to affirm a favorable resolution with the Articles
of Impeachment of the Committee, or override its contrary
resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed
by at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same
official more than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on
oath or affirmation. When the President of the Philippines is on trial,
the Chief Justice of the Supreme Court shall preside, but shall not
vote. No person shall be convicted without the concurrence of two-
thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than
removal from office and disqualification to hold any office under the
Republic of the Philippines, but the party convicted shall nevertheless
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be liable and subject to prosecution, trial, and punishment according
to law.
(8) The Congress shall promulgate its rules on impeachment to
effectively carry out the purpose of this section.
F. FUNCTIONS
(1) Right of succession
Art. 7, Sec. 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.
Art. 7, Sec. 11
Whenever the President transmits to the President of the Senate and
the Speaker of the House of Representatives his written declaration
that he is unable to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice-President as Acting
President.
Whenever a majority of all the Members of the Cabinet transmit to
the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice-President
shall immediately assume the powers and duties of the office as
Acting President.
Thereafter, when the President transmits to the President of the
Senate and to the Speaker of the House of Representatives his written
declaration that no inability exists, he shall reassume the powers and
duties of his office. Meanwhile, should a majority of all the Members
of the Cabinet transmit within five days to the President of the Senate
and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue. For that
purpose, the Congress shall convene, if it is not in session, within
forty-eight hours, in accordance with its rules and without need of
call.
If the Congress, within ten days after receipt of the last written
declaration, or, if not in session, within twelve days after it is required
to assemble, determines by a two-thirds vote of both Houses, voting
separately, that the President is unable to discharge the powers and
duties of his office, the Vice-President shall act as the President;
otherwise, the President shall continue exercising the powers and
duties of his office.
(2) Membership in Cabinet
Art. 7, Sec. 3(2)
The Vice-President may be appointed as a Member of the Cabinet.
Such appointment requires no confirmation.