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ARTICLE VI accomplish. The requirement is satisfied if all the
LEGISLATIVE DEPARTMENT
SECTION 26.
(1) Every bill passed by the Congress shall embrace only
one subject which shall be expressed in the title thereof.
a. What is the purpose of Sec. 26 (1)?
De Guzman v. COMELEC (G.R. No. 129118)
The objectives of Section 26(1), Article VI of the 1987
Constitution, that "[e]very bill passed by the Congress
shall embrace only one subject which shall be expressed
in the title thereof", are:
1. To prevent hodge-podge or log-rolling legislation;
2. To prevent surprise or fraud upon the legislature by
means of provisions in bills of which the titles gave no
information, and which might therefore be overlooked
and carelessly and unintentionally adopted; and
3. To fairly apprise the people, through such publication
of legislative proceedings as is usually made, of the
subjects of legislation that are being considered, in order
that they may have opportunity of being heard thereon
by petition or otherwise if they shall so desire.7
Section 26(1) of Article VI of the 1987 Constitution is
sufficiently complied with where, as in this case, the title
is comprehensive enough to embrace the general
objective it seeks to achieve, and if all the parts of the
statute are related and germane to the subject matter
embodied in the title or so long as the same are not
inconsistent with or foreign to the general subject and
title.8 Section 44 of RA 8189 is not isolated considering
that it is related and germane to the subject matter
stated in the title of the law. The title of RA 8189 is "The
Voter’s Registration Act of 1996" with a subject matter
enunciated in the explanatory note as "AN ACT
PROVIDING FOR A GENERAL REGISTRATION OF
VOTERS, ADOPTING A SYSTEM OF CONTINUING
REGISTRATION, PRESCRIBING THE PROCEDURES
THEREOF AND AUTHORIZING THE APPROPRIATION
OF FUNDS THEREFOR." Section 44, which provides for
the reassignment of election officers, is relevant to the
subject matter of registration as it seeks to ensure the
integrity of the registration process by providing a
guideline for the COMELEC to follow in the
reassignment of election officers. It is not an alien
provision but one which is related to the conduct and
procedure of continuing registration of voters. In this
regard, it bears stressing that the Constitution does not
require Congress to employ in the title of an enactment,
language of such precision as to mirror, fully index or
catalog, all the contents and the minute details therein.
b. What is hedge-podge or log-rolling legislation?
Refers to any legislation that has several subjects on
unrelated matters combined together.
● It is not necessary that the title express each
and every end that the statute wishes to
FINALS
parts of the statute are related, and are
germane to the subject matter expressed in the
title, or as long as they are not inconsistent
with or foreign to the general subject and
title. 2
● An act having a single general subject, indicated
in the title, may contain any number of
provisions, no matter how diverse they may be,
so long as they are not inconsistent with or
foreign to the general subject, and may be
considered in furtherance of such subject by
providing for the method and means of carrying
out the general object." 3
● The rule also is that the constitutional
requirement as to the title of a bill should not be
so narrowly construed as to cripple or impede
the power of legislation. 4 It should be given
practical rather than technical construction.
The constitutional provision prohibits the passage
of two classes of bills:
1. A bill containing riders (Section 25.2) Read free for 60
days
2. A bill which embodies different subjects.
Exceptions to the requirement:
1. Local ordinances as they do not partake of the nature
of laws.
2. Proper codifications and revisions of statutes.
(2) 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.
Purpose of three readings of bill:
1. To prevent hasty and improvident legislation and the
railroading of bills.
2. To compel the careful examination of proposed law.
Purpose of yeas and nays in the journal:
1. To fix upon each member the responsibility for his
action in legislation.
2. To furnish conclusive evidence whether the bill has
been passed by the requisite majority or not.
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Definition of terms:
BILL is a draft of a law submitted to the consideration of
a legislative body for its adoption.
Statute is the written will of legislature as an organized
body expressed according to the form necessary to
constitute it into law; act.
How are statutes identified:
1. Serial numbers (Republic Act No. 386)
2. Special titles (Civil Code of the Philippines)
3. Enactments by the Batasang Pambansa (Batasang
Pambansa BIg. 25)
LEGISLATIVE PROCESS - How A Bill Becomes A
Law
1. PREPARATION OF THE BILL
The Member or the Bill Drafting Division of the
Reference and Research Bureau prepares and drafts
the bill upon the Member's request.
2. FIRST READING
1. The bill is filed with the Bills and Index Service
and the same is numbered and reproduced.
2. Three days after its filing, the same is included
in the Order of Business for First Reading.
3. On First Reading, the Secretary General
reads the title and number of the bill. The
Speaker refers the bill to the appropriate
Committee/s.
3. COMMITTEE CONSIDERATION/ACTION
1. The Committee where the bill was referred to
evaluates it to determine the necessity of
conducting public hearings.
If the Committee finds it necessary to conduct
public hearings, it schedules the time thereof,
issues public notice and invites resource
persons from the public and private sectors, the
academe and experts on the proposed
legislation.
If the Committee finds that no public hearing is
not needed, it schedules the bill for Committee
discussion/s.
2. Based on the result of the public hearings or
Committee discussions, the Committee may
introduce amendments, consolidate bills on the
same subject matter, or propose a substitute bill.
It then prepares the corresponding committee
report. Discuss, kill or improve the Bill.
FINALS
3. The Committee approves the Committee Report
and formally transmits the same to the Plenary
Affairs Bureau.
4. SECOND READING
A. The Committee Report is registered and
numbered by the Bills and Index Service. It is
included in the Order of Business and referred to
the Committee on Rules.
B. The Committee on Rules schedules the bill for
consideration on Second Reading.
C. On Second Reading, the Secretary General
reads the number, title and text of the bill and
the following takes place:
a. Period of Sponsorship and Debate
b. Period of Amendments
c. Voting which may be by:
i. viva voce
ii. count by tellers
iii. division of the House; or
iv. nominal voting
- It is now the draft of the Bill.
5. THIRD READING
1. The amendments, if any, are engrossed and
printed copies of the bill are reproduced for Third
Reading.
2. The engrossed bill is included in the Calendar of
Bills for Third Reading and copies of the same
are distributed to all the Members three days
before its Third Reading.
3. On Third Reading, the Secretary General
reads only the number and title of the bill.
4. A roll call or nominal voting is called and a
Member, if he desires, is given three minutes to
explain his vote. No amendment on the bill is
allowed at this stage.
a. The bill is approved by an affirmative
vote of a majority of the Members
present.
b. If the bill is disapproved, the same is
transmitted to the Archives.
6. TRANSMITTAL OF THE APPROVED BILL TO THE
SENATE
The approved bill is transmitted to the Senate for its
concurrence.
7. SENATE ACTION ON APPROVED BILL OF THE
HOUSE
The bill undergoes the same legislative process in the
Senate.
8. CONFERENCE COMMITTEE (Bicameral)
1. A Conference Committee is constituted and is
composed of Members from each House of
Congress to settle, reconcile or thresh out
differences or disagreements on any
provision of the bill.
2. The conferees are not limited to reconciling the
differences in the bill but may introduce new
provisions germane to the subject matter or
may report out an entirely new bill on the
subject.
3. The Conference Committee prepares a report to
be signed by all the conferees and the
Chairman.
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4. The Conference Committee Report is Pocket veto, the killing of legislation by a chief
submitted for consideration/approval of both executive through a failure to act within a specified
Houses. No amendment is allowed. period following the adjournment of the legislature. In the
United States, if the president does not sign a bill within
- It is now an Enrolled Bill.
10 days of its passage by Congress, it automatically
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT becomes law. However, if Congress adjourns within the
Copies of the bill, signed by the Senate President and 10-day period and the president does not sign the bill, it
the Speaker of the House of Representatives and is automatically vetoed, and the veto is absolute. The
certified by both the Secretary of the Senate and the latter action is referred to as a pocket veto.
Secretary General of the House, are transmitted to the
President.
Veto power of President:
● Every bill, in order to become a law, must be
10. PRESIDENTIAL ACTION ON THE BILL
presented to and signed by the President.
1. If the bill is approved by the President, the same
● If the President does not approve of the bill, he
is assigned an RA number and transmitted to
shall veto the same and return it with his
the House where it originated.
objections to the House from which it originated.
2. If the bill is vetoed, the same, together with a
The House shall enter the objections in the
message citing the reason for the veto, is
Journal and proceed to reconsider it.
transmitted to the House where the bill
● The President must communicate his decision to
originated.
veto within 30 days from the date of receipt
thereof. If he fails to do so, the bill shall become
Certification by the Presidents
a law as if he signed it.
What are the effects? (when there is an urgent or
● This rule eliminates the ‘pocket veto’ whereby
emergency)
the President would simply refuse to act on the
● Printed Form
bill.
● 3 Readings
● To OVERRIDE the veto, at least 2/3 of ALL the
members of each House must agree to pass the
11. ACTION ON APPROVED BILL
bill. In such a case, the veto is overridden and
The bill is reproduced and copies are sent to the Official
becomes a law without need of presidential
Gazette Office for publication and distribution to the
approval.
implementing agencies. It is then included in the annual
● The power of the president to veto is only
compilation of Acts and Resolutions.
applicable to BILLS; hence, he may no
longer veto a law by which he vetoed before
12. ACTION ON VETOED BILL
but was overridden by the Congress.
The message is included in the Order of Business. If the
Congress decides to override the veto, the House and
General Rule: the president must veto the entire bill.
the Senate shall proceed separately to reconsider the bill
Exceptions: Appropriation, revenue or tariff bill.
or the vetoed items of the bill. If the bill or its vetoed
items is passed by a vote of two-thirds of the Members
General Veto
of each House, such bill or items shall become a law.
● Veto of an entire bill.
● Veto
Item veto
● Approve
The President may veto particular items in an:
● Sit-on-it (the lapse of 30 days)
● Appropriations (allotment of budget or
authorizes the government to withdraw funds
NOTE: A joint resolution having the force and effect of a
from the government)
law goes through the same process.
● Revenue (tax)
● Tariff bill (customs)
SECTION 27. (1) Every bill passed by the Congress This veto will not affect items to which he does not
shall, before it becomes a law, be presented to the object.
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 Type of Bill Item
enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of Revenue/Tax Bill Subject of the tax and the
all the Members of such House shall agree to pass the tax rate imposed thereon
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 Appropriations Bill Indivisible sum dedicated
House, it shall become a law. In all such cases, the to a stated purpose
votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or Appropriate Provision
against shall be entered in its Journal. The President ● Items only.
shall communicate his veto of any bill to the House ● Related or attached to an item can also be
where it originated within thirty days after the date of vetoed by the President.
receipt thereof; otherwise, it shall become a law as if he
had signed it. Inappropriate Provision
● Unrelated or not germane to an item.
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JMJV
De Lima Provision
● Incarceration of De Lima.
Resolution Bill
Cannot be a bill nor be a Only a bill can turn into a
law. Even if it follows the law under the
same rule on how a bill Constitution.
can become a law.
Cannot change the rule
of the bill without
amending the
Constitution.
Publication
● Signed
● Vetoed or overridden
● 30 days
It must be published first to become a law in the Official
Gazette or newspaper of general circulation.
Veto of RIDER
● A rider is a provision which does not relate to a
particular appropriation stated in the bill.
● Since it is an invalid provision under Section
25(2), the President may veto it as an item.
Specific limitations on legislation
● No law shall be enacted increasing the Supreme
Court’s appellate jurisdiction without the SC’s
advice and concurrence.
● No law shall be enacted granting titles of royalty
or nobility
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.
● HB and SB must be germane.
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.
● They can, however, decrease it.
(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 proposed
therein.
FINALS
(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.
Executive Legislative Judiciary
President Senate & House Chief of Justice
of
Representatives
● Cross-border transfer is not allowed.
● There must be an item for there to be an
augmentation (increase).
● Such branches can only transfer their savings
within their office.
**issue on the OVP’s confidential fund.
(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 reenacted and
shall remain in force and effect until the general
appropriations bill is passed by the Congress.
SECTION 23.
(1) The Congress, by a vote of two-thirds of both
Houses in a joint session assembled, voting separately,
shall have the sole power to declare the existence of a
state of war (NO DELEGATION TO THE PRESIDENT)
(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.
1. Who can declare a state of war and a state of
emergency?
State of War State of Emergency
Who can declare: Who can declare:
CONGRESS PRESIDENT
Purpose: Purpose:
1. International law 1. Military
2. Delegation 2. Delegation
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JMJV
**only the CONGRESS, may however, DELEGATE
SUCH POWERS THROUGH ENACTMENT OF A LAW.
DAVID V. ARROYO
Clearly, they did not intend that Congress should
first authorize the President before he can declare a
"state of national emergency." The logical
conclusion then is that President Arroyo could
validly declare the existence of a state of national
emergency even in the absence of a Congressional
enactment.
But the exercise of emergency powers, such as the
taking over of privately owned public utility or
business affected with public interest, is a different
matter. This requires a delegation from Congress.
However, knowing that during grave emergencies, it may
not be possible or practicable for Congress to meet and
exercise its powers, the Framers of our Constitution
deemed it wise to allow Congress to grant emergency
powers to the President, subject to certain conditions.
Section 17. In times of national emergency, when the
public interest so requires, the State may, during the
emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any
privately-owned public utility or business affected with
public interest.
● must be understood as an aspect of the
emergency powers clause. The taking over of
private business affected with public interest is
just another facet of the emergency powers
generally reposed upon Congress. Thus, when
Section 17 states that the State may, during the
emergency and under reasonable terms
prescribed by it, temporarily take over or direct
the operation of any privately owned public utility
or business affected with public interest," it
refers to Congress, not the President. Now,
whether or not the President may exercise such
power is dependent on whether Congress
may delegate it to him pursuant to a law
prescribing the reasonable terms thereof.
The order cannot properly be sustained as an
exercise of the President’s military power as
Commander-in-Chief of the Armed Forces. The
Government attempts to do so by citing a number of
cases upholding broad powers in military commanders
engaged in day-to-day fighting in a theater of war. Such
cases need not concern us here. Even though "theater
of war" is an expanding concept, we cannot with
faithfulness to our constitutional system hold that
the Commander-in-Chief of the Armed Forces has
the ultimate power as such to take possession of
private property in order to keep labor disputes from
stopping production. This is a job for the nation’s
lawmakers, not for its military authorities.
FINALS
Nor can the seizure order be sustained because of
the several constitutional provisions that grant
executive power to the President. In the framework of
our Constitution, the President’s power to see that the
laws are faithfully executed refutes the idea that he is to
be a lawmaker. The Constitution limits his functions
in the lawmaking process to the recommending of
laws he thinks wise and the vetoing of laws he
thinks bad.
RA 11469
Republic Act 11469 was signed into law on 23 March
2020 (also known by its short title as the Bayanihan to
Heal as One Act) declaring a national health emergency
throughout the Philippines as a result of the COVID-19
situation. In it Congress authorizes the President to
exercise the necessary special powers, for a limited time
and subject to certain restrictions, to address a problem
that poses a clear and present danger to the people.
3. Republic Act No. 6826 December 20, 1989
AN ACT TO DECLARE, IN VIEW OF THE EXISTENCE
OF A NATIONAL EMERGENCY, A NATIONAL POLICY
IN CONNECTION THEREWITH AND TO AUTHORIZE
THE PRESIDENT OF THE REPUBLIC OF THE
PHILIPPINES FOR A LIMITED PERIOD AND SUBJECT
TO RESTRICTIONS, TO EXERCISE POWERS
NECESSARY AND PROPER TO CARRY OUT THE
DECLARED NATIONAL POLICY AND FOR OTHER
PURPOSES.
2. How is it delegated?
It is delegated through enactment of law.
● 3 readings
● Publication in the official gazette or newspaper
of general circulation
● Sign by the President
Vote requirement: (to declare the existence of a state of
war)
1. 2/3 of both Houses, in joint session
2. Voting separately
Emergency powers:
● During times of war or other national emergency,
Congress may, BY LAW, authorize the President
to exercise powers necessary and proper to
carry out a declared national policy.
Limitations:
(1) There must be a war or other emergency.
(2) The delegation must be for a limited period only.
(3) The delegation must be subject to such restrictions
as the Congress may prescribe.
(4) The emergency powers must be exercised to carry
out a national policy declared by Congress.
Expiration of emergency powers
● By resolution of Congress, or
5
JMJV
- to revoke the EP which cannot be
vetoed by the president since it is not a
bill.
- The congress can promulgate their
rules, such that, they can also abandon
their rules.
● Upon the next adjournment of Congress
- The second recess.
Araneta v. Dinglasan
The president issued several executive orders in regards
to the state of emergency during WWII. However, such
EOs should be for a temporary period only, in the said
case, the president still has the said powers which
cannot be because the Congress is already in session.
● Emergency, in order to justify the delegation of
emergency powers, “must be temporary or it can
not be said to be an emergency.” It is to be
presumed that Commonwealth Act No. 671 was
approved with this limitation in view.
Rodriguez v. Gella
They passed a law to revoke the emergency powers of
the president. But it was then vetoed by the president.
● It is unconstitutional because such emergency
powers are only for a limited time. Otherwise,
the president will have unlimited powers.
**it should be harder to give but easier to withdraw.
SECTION 28. (1) The rule of taxation shall be uniform
and equitable. The Congress shall evolve a progressive
system of taxation.
(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 wharfage dues, and other
duties or imposts within the framework of the national
development program of the Government.
(3) Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from
taxation.
(4) No law granting any tax exemption shall be passed
without the concurrence of a majority of all the Members
of the Congress.
SECTION 29. (1) No money shall be paid out of the
Treasury except in pursuance of an appropriation made
by law.
(2) 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, or 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.
FINALS
(3) 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
THE EXECUTIVE DEPARTMENT
SECTION 1. The executive power shall be vested in the
President of the Philippines.
1. Role of the executive - what is Executive Power?
a. Power of control over the executive branch
The President of the Philippines has the mandate of
control over all the executive departments, bureaus, and
offices. This includes restructuring, reconfiguring, and
appointments of their respective officials. The
Administrative Code also provides for the President to
be responsible for the abovementioned offices’ strict
implementation of laws.
b. Power ordinance power
The President of the Philippines has the power to give
executive issuances, which are means to streamline the
policy and programs of an administration.
There are six issuances that the President may
issue. They are the following as defined in the
Administrative Code of 1987:
Executive orders — Acts of the President providing for
rules of a general or permanent character in
implementation or execution of constitutional or statutory
powers shall be promulgated in executive orders.
Administrative orders — Acts of the President which
relate to particular aspects of governmental operations in
pursuance of his duties as the administrative head shall
be promulgated in administrative orders.
Proclamations — Acts of the President fixing a date or
declaring a status or condition of public moment or
6
JMJV
interest, upon the existence of which the operation of a
specific law or regulation is made to depend, shall be
promulgated in proclamations which shall have the force
of an executive order.
Memorandum orders — Acts of the President on
matters of administrative detail, or of subordinate or
temporary interest which only concern a particular officer
or government office shall be embodied in memorandum
orders.
Memorandum circulars — Acts of the President on
matters relating to internal administration, which the
President desires to bring to the attention of all or some
of the departments, agencies, bureaus, or offices of the
government, for information or compliance, shall be
embodied in memorandum circulars.
General or special orders — Acts and commands of
the President in his capacity as commander-in-chief of
the Armed Forces of the Philippines shall be issued as
general or special orders.
**It is important to note that during the term of President
Ferdinand E. Marcos, he used executive issuances
known as presidential decrees as a form of legislation.
These decrees have the full force and effect of laws
because at the time the legislature did not exist and,
when the 1973 Constitution was put into full force and
effect, it gave the power to the President to do as such.
This continued until the first year of President Corazon
C. Aquino’s term. However, President Aquino opted to
used executive orders instead of presidential decrees.
President Aquino’s executive orders, however, still had
the full force and effect of laws until the ratification of the
1987 Constitution.
c. Power over aliens
The President of the Philippines has certain powers over
non-Filipinos in the Philippines. The powers he may
exercise over foreigners in the country are as follows:
● The chief executive may have an alien in the
Philippines deported from the country after due
process.
● The President may change the status of a
foreigner, as prescribed by law, from a
non-immigrant status to a permanent resident
status without necessity of visa.
● The President may choose to overrule the Board
of Commissioners of the Bureau of Immigration
before their decision becomes final and
executory (after 30 days of the issuance of the
decision). The Board of Commissioners of the
Bureau of Immigration has jurisdiction over all
deportation cases.
● The president is also mandated by the
Administrative Code of 1987 to exercise powers
as recognized by the generally accepted
principles of international law.
d. Powers of eminent domain, escheat, land
reservation and recovery of ill-gotten wealth
FINALS
Power of eminent domain — The President shall
determine when it is necessary or advantageous to
exercise the power of eminent domain in behalf of the
national government, and direct the solicitor general,
whenever he deems the action advisable, to institute
expropriation proceedings in the proper court.
Power to direct escheat or reversion proceedings —
The President shall direct the solicitor general to institute
escheat or reversion proceedings over all lands
transferred or assigned to persons disqualified under the
constitution to acquire land.
Power to reserve lands of the public and private
domain of the government —
(1) The president shall have the power to reserve for
settlement or public use, and for specific public
purposes, any of the lands of the public domain, the use
of which is not otherwise directed by law. The reserved
land shall thereafter remain subject to the specific public
purpose indicated until otherwise provided by law or
proclamation.
(2) He shall also have the power to reserve from sale or
other disposition and for specific public uses or
purposes, any land belonging to the private domain of
the government, or any of the friar lands, the use of
which is not otherwise directed by law, and thereafter
such land shall be used for the purposes specified by
such proclamation until otherwise provided by law.
Power over ill-gotten wealth — The President shall
direct the solicitor general to institute proceedings to
recover properties unlawfully acquired by public officials
or employees, from them or from their nominees or
transferees.
e. Power of appointment
The President may appoint officials of the Philippine
government as provided by the constitution and laws of
the Philippines. Some of these appointments, however,
may need the approval of the Committee on
Appointments (a committee composed of members from
the House of Representatives and the Senate of the
Philippines).
f. Power of general supervision over local
governments
The President of the Philippines, as chief executive, has
the mandate to supervise local governments in the
Philippines, despite their autonomous status as provided
by Republic Act No. 7160 otherwise known as the Local
Government Code of 1991.
Traditionally, this is done by the Department of the
Interior and Local Government, headed by a cabinet
secretary—an alter ego of the President.
g. Other powers
Aside from the aforementioned powers of the President
of the Philippines, he can also exercise powers
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enumerated in the constitution, and powers given to him
by law.
The doctrine of qualified political agency essentially
postulates that the heads of the various executive
departments are the alter egos of the President, and,
thus, the actions taken by such heads in the
performance of their official duties are deemed the acts
of the President unless the President himself should
disapprove such acts.
● The secretaries of the Cabinet.
● The doctrine has been adopted here out of
practical necessity, considering that the
President cannot be expected to personally
perform the multifarious functions of the
executive office.
**faithful execution of laws**
2. Can the president refuse to enforce a law on the
ground that it is, in his opinion, unconstitutional?
- NO.
Moon v. Harrison
The defendants, pursuant to Act No. 2868 of the Philippine
Legislature and pursuant to Executive Orders No. 56 and 67
issued by authority of said Act, have seized the said 2,330½
kilos of Siam rice of plaintiff and deprived him of it, for the
purpose of distribution to the public at large; that said seizure
was made without compensation to plaintiff, although
defendants have promised to pay there for at the rate of
P16.25, Philippine currency, a cavan and no more, which price
is below the reasonable value of the rice and is unjust; that
payment at said rate does not constitute just compensation
and a seizure under the circumstances alleged constitutes a
confiscation of private property contrary to the fundamental
and organic law of the Philippine Islands and an invasion of
those constitutional rights that no one may be deprived of his
property except by due process of law and with just
compensation; that the just and reasonable value of the rice
seized as aforesaid in Manila at the time of said seizure was
with respect to the Siam rice mentioned P26.32 per cavan.
1. Whether or Not the enforcement of Act No. 2868 is valid.
2. May the Chief Executive refuse to enforce a law on the
ground that in his opinion it is unconstitutional?
Held:
1. Yes, it is assumed that in the commission of the alleged
acts, the Governor-General was acting in his official capacity,
and was engaged in the performance of a duty enjoined upon
him by the Legislature of the Philippine Islands. They were
only exercising their function provided by the act.
2. No. Otherwise, he will be violating the doctrine of separation
of powers because by doing so, he will be claiming the power
to interpret the law, not merely to implement it.
By the organic law, it is the duty of the legislature to make the
law; of the executive to enforce; and of the courts to construe
the law. The courts only have the power to declare a law
unconstitutional. In the very nature of things, it is not the duty
of the Governor to say whether a law is or is not constitutional.
It is his duty to enforce the law until such time as it has legally
been declared unconstitutional.
FINALS
In the instant case, Act No. 2868 was enacted by the
Legislature. By its terms and provisions, certain duties were
thrust upon the Governor-General. He had a legal right to
assume that the law was valid, and in the exercise of his
discretion, he undertook to enforce the law and to carry out its
terms and provisions.
Ople v. Torres
A.O. No. 308, or the ADOPTION OF A NATIONAL
COMPUTERIZED IDENTIFICATION REFERENCE SYSTEM,
was issued by President Fidel V. Ramos on December 12,
1996.
On January 24, 1997, petitioner filed the instant petition
against respondents, then Executive Secretary Ruben Torres
and the heads of the government agencies, who as members
of the Inter-Agency Coordinating Committee, are charged with
the implementation of A.O. No. 308. On April 8, 1997, we
issued a temporary restraining order enjoining its
implementation.
The petition at bar is a commendable effort on the part of
Senator Blas F. Ople to prevent the shrinking of the right to
privacy, which the revered Mr. Justice Brandeis considered as
"the most comprehensive of rights and the right most valued by
civilized men."
Petitioner Ople prays that we invalidate Administrative Order
No. 308 entitled "Adoption of a National Computerized
Identification Reference System" on two important
constitutional grounds, viz:
● it is a usurpation of the power of Congress to
legislate; and
● it impermissibly intrudes on our citizenry's protected
zone of privacy. We grant the petition for the rights
sought to be vindicated by the petitioner need
stronger barriers against further erosion.
1. WON the establishment of AO No 308 by the President is
unconstitutional as it is a usurpation of the legislative powers of
the Congress?
Held:
As head of the Executive Department, the President is
the Chief Executive. He represents the government as a
whole and sees to it that all laws are enforced by the
officials and employees of his department. 18 He has
control over the executive department, bureaus and
offices. This means that he has the authority to assume
directly the functions of the executive department,
bureau and office or interfere with the discretion of its
officials.19
Administrative power is concerned with the work of
applying policies and enforcing orders as determined by
proper governmental organs. 21 It enables the President
to fix a uniform standard of administrative efficiency and
check the official conduct of his agents. 22 To this end, he
can issue administrative orders, rules and regulations.
Prescinding from these precepts, we hold that A.O. No.
308 involves a subject that is not appropriate to be
covered by an administrative order. An administrative
order is:
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JMJV
Sec. 3. Administrative Orders. — Acts of the
President which relate to particular aspects of
governmental operation in pursuance of his
duties as administrative head shall be
promulgated in administrative orders.
A.O. No. 308 cannot pass constitutional muster as an
administrative legislation because facially it violates the
right to privacy. The essence of privacy is the “right to be
let alone.” The right to privacy as such is accorded
recognition independently of its identification with liberty;
in itself, it is fully deserving of constitutional protection.
**there should be an existing law.
**AO should be in harmony with the law.
SECTION 2. No person may be elected President unless
he is a natural-born citizen of the Philippines, a
registered voter, able to read and write, at least forty
years of age on the day of the election, and a resident of
the Philippines for at least ten years 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 reelection. No
person who has succeeded as President and has served
as such for more than four years shall be qualified for
election to the same office at any time.
No Vice-President shall serve for more than two
consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of the service for the full
term for which he was elected.
Unless otherwise provided by law, the regular election
for President and Vice-President shall be held on the
second Monday of May.
The returns of every election for President and
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 certificates in the presence of the
Senate and the House of Representatives in joint public
session, and the Congress, upon determination of the
FINALS
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.
Qualification
1. natural born Filipino;
2. a registered voter;
3. must be able to read and write;
4. 40 years of age at the day of the election; and
5. must have resided in the Philippines ten years
before the election was held.
Term of Office
The President of the Philippines is elected by direct vote
by the people for:
● term of 6 years.
● He may only serve for one term, and is
ineligible for reelection.
● The term of the President of the Philippines
starts at noon of the 30th day of June after
the election.
**The term of office is the same with the Congress,
however, their term may be changed by law.
The President does not have a hold-over capacity
because his term of office is fixed and will end on the
30th of June–NO LAW CAN CHANGE THIS.
Hold-over capacity doctrine. — Where there is
failure to elect a new set of directors or officers,
the incumbents should be allowed to continue in
a holdover capacity until their successors are
elected and qualified.
**the president after his term can hold other positions in
the government.
The Vice President of the Philippines is elected by
direct vote by the people for:
● term of 6 years,
● and may run for reelection once.
● The term of the Vice President of the Philippines
starts at noon of the 30th day of June after a
regular election is held.
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JMJV
**the VP can run again for president even after
succeeding the position of the president (as the spare)
provided that he or she has not served more than 4
years as VP.
3. Who shall canvas the votes of the President and
Vice President?
- Only the Congress in a joint session.
- The certificate of canvass (CoC).
Joint Committee
- Selected members.
- Due execution and authenticity of canvas.
4. Can the Joint Committee create their own body?
- Yes. They can promulgate their own rules. But
must be approved by a joint session.
**in case of a tie–Congress will vote by majority of all its
members, each house voting separately.
Presidential Electoral Tribunal (PET)
- Supreme Court sitting in a banc (EN BANC).
- En banc: all of its members.
5. Can the SC assemble to a different kind of body?
- They can as granted by the Constitution.
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.)
LINE OF SUCCESSION
The constitution provides for a line of succession in the
event that the elected President of the Philippines is not
able to discharge the duties of his office due to death,
disability, or resignation. The following is the line of
succession:
1. Vice President — in cases of the death,
disability, or resignation of the President
2. Senate President — in cases of the death,
disability, or resignation of the President and
Vice President
3. Speaker of the House of Representatives — in
cases of the death, disability, or resignation of
the President, Vice President, and Senate
President
Contrary to popular belief, the constitution doesn’t
include the Chief Justice of the Supreme Court in the
President’s line of succession.
FINALS
The Congress of the Philippines is mandated to enact a
law calling for a special election three days after the
vacancy in the Office of the President and Vice
President. The special election should occur 40 days
after the enactment of the law, but not later than 60 days
after the enactment of the law.
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
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JMJV FINALS

of Representatives who shall assume office upon duties of his office, the Vice-President shall act as the
confirmation by a majority vote of all the Members of President; otherwise, the President shall continue
both Houses of the Congress, voting separately. exercising the powers and duties of his office.

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 VI of this
Constitution and shall become law upon its approval on
third reading by the Congress. Appropriations for the
special election shall be charged against any current
appropriations and shall be exempt from the
requirements of paragraph 4, Section 25, Article VI of
this Constitution. The convening of the Congress cannot
be suspended nor the special election postponed. No
special election shall be called if the vacancy occurs
within eighteen months before the date of the next
presidential election.
SECTION 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.

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
11