1 PPGC211 | KEIKEI

Week 7: Article VI: Legislative Department candidates have an equal and highest number of
votes (Art. VII, Sec. 4 par 4), to confirm certain
Legislative Department appointments by the President (Ibid., Sec. 16), to
promote social justice (Art. XIII, Sec. 1), to
 Section I – the legislative power shall be vested in declare the existence of a state of war (Sec. 23
the Congress of the Philippines which shall consist [1].), to impose taxes (Sec. 28 [1].), to appropriate
of a Senate and a House of Representatives, money (Art. 29 [1].), to impeach (Art. XI, Sec. 2),
except to the extent reserved to the people by the to act as a constituent assembly (Art. XVII, Sec.
provision on initiative and referendum. 1)
3. Implied Powers – They are those essential or
Legislative Power necessary to the effective exercise of the power
expressly granted, like the power to conduct
 Legislative power is essentially the authority under inquiry and investigation in aid of legislation (Sec.
the Constitution to make laws and subsequently, 21), to punish for contempt, to determine the
when the need arises, to alter and repeat them. rules of its proceedings (Sec 16 [3])
 This is the peculiar task of the legislature to 4. Inherent Powers – They are the power which are
prescribe general rules for the government of possessed and can be exercised by every
society. government because they exist as an attribute of
 Legislative functions: sovereignty
o Determination of the legislative policy and its
promulgation as a defined binding rule of conduct Separation of Powers
through the enactment of law.
 In the Philippine Constitution, there are three
Meaning of Law branches of government that make, enforce and
interpret laws. Under the separation of powers,
 It refers to statutes which are the written each branch of government has a unique function.
enactments of the legislatures governing the Below shows the different branches, their main
relations of the people among themselves or functions, and example federal roles.
between them and the government and its agencies
Legislative Branch  Passes, changes and repeals
Function of Laws
laws  House of Representatives, Senate
 Through laws, the legislature defines the rights and
Executive Branch  Carries out laws, runs
duties of citizens, imposes taxes, appropriates
government day to day  President
funds, defines crimes and provides for their
punishment, creates and abolishes government
Judicial Branch  Interpret laws, settles arguments
offices, determines their jurisdiction and functions,
and in general, regulates human conduct and the  Supreme Court
use of property for the promotion of the common
good. Checks and Balances

 Each of the three branches established in the

People’s Initiative on Statutes
separation of powers has the power to check or
 Legislative power is also vested in the people by the control the powers of the other branches
system of initiative and referendum.  These separations prohibit one branch of
 The power of initiative and referendum is the power government from becoming too powerful.
of the people directly to “propose and enact laws of
approve or reject any act or law or part thereof Chambers of Congress, Compositions, and
passed by the Congress or Local Legislative body” Qualifications
[Sec. 32, Art. VI]. The provision is not self-executing
Senate
[Defensor-Santiago v. COMELEC, G.R No. 127325
(1997)]  Composition: 24 senators at large (Sec. 2, Art. VI)
 Qualifications:
Classification of Power of Congress
o Natural-born citizen
o At least 35 years old on the day of election
 The powers of Congress may be classified into:
1. General Legislative Power – It is the power to o Able to read and write
enact laws intended as rules of conduct to govern o A registered voter
the relations among individuals or between the o Resident of the Philippines for at least 2 years
individuals and the State immediately preceding the day of the election
2. Specific Powers – Powers which the (Sec. 3, Art. VI)
o Term of Office: 6 years (Sec. 4, Art VI)
Constitution expressly directs or authorizes
o Term Limits: 2 consecutive terms (Sec 4, Art VI)
Congress to exercise like the power to choose
who shall become President in case two or more
AKAC
2 PPGC211 | KEIKEI

House of Representatives Kinds of Election for Members of Congress

 Composition: Not more than 250 members, unless  Regular Election

otherwise provided by law, consisting of: o
Unless otherwise provided by law, the regular
o District representatives election of the Senators and the Members of the
o Party-list representatives (Sec. 5, Art. VI) House of Representatives shall be held on the
 Qualifications: second Monday of May (Sec. 8, Art. VI)
o Natural-born citizen  Special Election
o At least 25 years old on the day of the election o In case of vacancy in the Senate or in the House
o Able to read and write of Representatives, a special election may be
o A registered voter in the district he seeks to called to fill such vacancy in the manner
represent prescribed by law, but the Senator or Member of
o Resident of the Philippines for at least 1 year the House of Representatives thus elected shall
immediately preceding the day of the election server only for the unexpired terms (Sec. 9, Art.
(Sec. 6, Art VI) VI)
 Term of Office: 3 years (Sec. 7, Art VI)
 Term Limits: 3 consecutive terms (Sec. 7, Art VI) Legislative Privileges, Inhibitions and
Disqualifications
Meaning of Registered Voter and Residence
1. Privileges
 A registered voter is one who has all the a.
Salaries
qualifications for a voter and none of the  Sec. 10, Art. VI – The salaries of Senators
disqualifications provided by law and who has and Members of the House of
registered himself in the list of voter Representatives shall be determined by law.
 One’s residence is the place where one has his true No increase in paid compensation shall take
permanent home and to which, whenever absent, effect until after the expiration of the full term
he has the intention of returning of all the Members of the Senate and the
House of Representative approving such
Residency Requirement increase.
b. Freedom from Arrest
 Residence – physical presence of a person in a  Senator or Member of the House of
given area, community or country Representatives shall, in all offenses
 Domicile – place of habitual residence punishable by not more than six years
o A man must have a domicile somewhere imprisonment, be privileged from arrest while
o Once established, it remains until a new one is the Congress is in session.
acquired c. Speech and Debate Clause
o A man can have but one residence or domicile at  No member shall be questioned nor be held
a time liable in any other place for any speech or
 Acquisition of Domicile debate in the Congress or in any committee
o Bodily presence thereof. (Sec. 11, Art. VI)
o Animus manendi (intent to stay) 2. Inhibitions and Disqualifications
o Animus non reverted (no intent to return) a. May not hold any other office or employment in
 Requisites to Change Domicile the government during his term without forfeiting
o Actual change of domicile his seat (Sec. 13, Art. VI)
o Bona fide intention of abandoning the former b. May not be hold appointed to any office created
place of origin and establishing a new one or whose emoluments were increased during the
o Acts which correspond with the purpose term for which he was elected (Sec. 13, Art. VI
c. Cannot personally appear as counsel before any
Members of the House of Representatives court, electoral tribunal, quasi-judicial and
administrative bodies during their term (Sec. 14,
 District Representative Art. VI) – the purpose of this is to remove any
o
Elected from legislative districts apportioned possibility of influence upon the judges of these
among the provinces, cities, and Metro Manila courts or heads or members of these bodies who
area might be swayed in their decisions by their hope
 Party-list Representative for future appointments to higher positions.
o They shall constitute 20% of the total number of d. Shall not be financially directly or indirectly, in any
representatives, elected through a party-list contract with, franchise or special privilege
system of registered national, regional, and granted by the government during his term of
sectoral parties, or organizations office (Sec. 14, Art. VII)
e. Shall not intervene in any matter before any office
of the government when it is for his pecuniary
benefit or where he may be called upon to act on
account of his office (Sec. 14. Art VI)
AKAC
3 PPGC211 | KEIKEI

The Pork Barrel System “runs afoul” of Sec. 14, Art may compel the attendance of absent Members
VI, because in allowing legislators to intervene in in such manner, and under such penalties, as
the various phases of project implementation – a such House may provide.
matter before another office of government – o In computing a quorum, members who are
renders them susceptible to taking undue outside the country, thus outside of each House’s
advantage of their own office. coercive jurisdiction, are not included.
3. Duty to Disclose o The required number of members of each house
a. Financial and Business Interests; Potential to be present in order to transact business during
Conflicts of Interest its regular or special session
 Sec. 12, Art VI. All Members of the Senate o Rule: No law can be passed or a legislative
and the House of Representatives shall, upon function discharged unless the quorum is reached
assumption of office, make a full disclosure of 2. Voting Majorities
their financial and business interest. They o Doctrine of Shifting Majority
shall notify the House concerned of a potential  For each House of Congress to pass a bill,
conflict of interest that may arise from the only the votes of the majority of those present
filing of a proposed legislation of which they in the session, there being quorum, is
are authors required.
b. SALN  Exceptions to Doctrine Shifting Majority:
 Sec. 17, Art XI. A public officer or employee  Votes where requirement is based on “ALL
shall, upon assumption of office and as often THE MEMBERS OF THE CONGRESS”:
thereafter as may be required by law, submit a requirement is based on the entire
declaration under oath of his assets, liabilities, composition of a House or Congress (in its
and net worth. In the case of the President, entirety), regardless of the number of
the Vice-President, the Members of the Members present or absent.
Cabinet, the Congress, the Supreme Court,
the Constitutional Commissions and other
constitutional offices, and officers of the
armed forces with general flag or flag rank,
the declaration shall be disclosed to the public
in the manner provided by law.
c. Amount paid to/ express incurred by each
member
 Sec. 20, Art VI. The records and books of
accounts of the Congress shall be preserved
and be open to the public in accordance with
law, and such books shall be audited by the
Commission on Audit which shall publish
annually an itemized list of amounts paid to
and expenses incurred for each member.

Sessions of Congress

 Sec. 15, Art. VI – The Congress shall convene once

every year on the fourth Monday of July for its
regular session, unless a different date is fixed by
law, and shall continue to be in session for such
number of days as it may determine until thirty days
before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holiday.
The President may call a special session at any
time  Other cases (NOT out of all members)
o Regular Sessions: Excluded – Saturdays,
Sundays & Legal Holidays
o Special Sessions: Urgent and National Concern
o Executive Sessions: President, Congress –
secret or close door sessions

Quorum and Voting Majorities

1. Quorum Officers of Congress

o Sec. 16, Art. VI – (2) A majority of each House
1. Officers shall, by a majority vote of all its respective
shall constitute a quorum to do business, but a
members, elect the Senate President and Speaker
smaller number may adjourn from day to day and
of the House of Representatives. The senate and
AKAC
4 PPGC211 | KEIKEI

the speaker hold their office at the pleasure of the oHouse Electoral Tribunal (HRET)
respective members of both houses  Composition of Electoral Tribunals
2. Each House is authorized to choose such other 1. 3 Supreme Court Justices, designated by Chief
officers as it may deem necessary (Sec. 16 [1]), Justice; Senior Justice in the Electoral Tribunal
such as Senate President/Speaker Pro-tempore, a shall be its Chairman
floor leader, a secretary, a sergeant-at-arms, a 2. 6 members of the Senate or House, as the case
disturbing officer, technical assistants, etc. The may be, chosen on the basis of proportional
rules of the present House of Representatives representation from parties.
provide for the election of four (4) Deputy Speakers  Composition Rules
(in place of one speaker pro-tempore, two for 1. The electoral tribunals shall be constituted within
Luzon, one each for Visayas and Mindanao, a 30 days after the Senate and the House shall
majority floor leader, and a minority floor leader have been organized with the election of the
President and the Speaker (Sec. 19, Art. VI)
Meaning and Function of Rules of Procedure 2. Members chosen enjoy security of tenure and
cannot be removed by mere temporary change of
 These are the rules made by any legislative body to party affiliation [Bondoc v. Pineda, G.R. No.
regulate the mode and manner of conducting its 97710 (1991)]
business. They are intended for the orderly and
proper disposition of the matters before it. Thus, the Commission on Appointments
procedure and rules to be observed in its
deliberations; election of officers; penalties to be  Sec. 18, Art. VI – There shall be a Commission on
imposed upon erring members; and many other Appointments consisting of the President of the
kindred matters are proper subjects of the rules of Senate, as Ex Officio Chairman, twelve Senators,
procedure. and twelve Members of the House of
Representatives, elected by each House on the
Meaning of Legislative Journal basis of proportional representation from the
political parties and parties or organizations
 It is defined as the official record of what is done registered under the party-list system represented
and passed in a legislative assembly. It is so-called therein. The chairman of the Commission shall not
because the proceedings are entered therein in vote, except in case of tie. The Commission shall
chronological order as they occur from day to day. act on all appointments submitted to it within thirty
session days of the Congress from their
Discipline of Members submission. The Commission shall rule by a
majority vote of all the Members
 Each House may determine the rules of its
 Composition
proceedings, punish its Members for disorderly
o Senate President as ex-officio chairman (shall not
behavior, and, with the concurrence of two-thirds of
vote except in case of tie)
all its members, suspend or expel a Member. A
o 12 senators
penalty of suspension, when imposed, shall not
o 12 members of the HOR
exceed sixty days [Sec. 16 (3), Art. VI]
 Rule on Proportional Representation
Electoral Tribunals and the Commissions on o The 12 Senators and 12 representatives are
Appointments elected on the basis of proportional
representation from the political parties and party-
Electoral Tribunals list organizations
 Nature
 Sec. 17, Art. VI – The senate and the House of o The Commission on Appointments shall be
Representatives shall each have an Electoral constituted within 30 days after the Senate and
Tribunal which shall be the sole judge of all contests the House of Representatives shall have been
relating to the election, returns, and qualifications of organized with the election of the President and
their respective Members. Each Electoral Tribunal the Speaker [Sec. 19, Art. VI]
shall be composed of nine Members, three of whom
shall be Justices of the Supreme Court to be Powers of Congress
designated by the Chief Justice, and the remaining
six shall be Members of the Senate or the House of Legislative Inquiries and Oversight
Representatives, as the case may be, who shall be
 Functions
chosen on the basis of proportional representation
o Sec. 21, Art. VI – The Senate or the HOR or any
from the political parties and the parties or
of its respective committees may conduct
organizations registered under the party-list system
inquiries in aid of legislation in accordance with its
represented therein. The senior Justice in Electoral
duly published rules of procedures. This rights of
Tribunal shall be its Chairman
persons appearing in or affected by such inquiries
 Two types:
shall be respected
o Senate Electoral Tribunal (SET)

AKAC
5 PPGC211 | KEIKEI

Comparison between Legislative Inquiries and Question Meaning of other Bills

Hour
 Appropriation bills – the primary and specific aim
of which is to make appropriations of money from
the public treasury
 Revenue bill – one the primary and specific
purpose of which is to raise revenue
 Tariff bill – as used in Constitution, it has reference
to one imposing customs duties for revenue
purposes
 Bill authorizing increase of the public debt – one
which creates public indebtedness such as a bill
Concept of Congressional Oversight
providing for the issuance of bonds and other forms
of obligations
 It is broadly defined, the power of oversight
 Bill of Local Application – one affecting purely
embraces all activities undertaken by Congress to
enhance its understanding of and influence over the local or municipal concerns like one creating a city
implementation of legislation it has enacted or municipality or changing its name
 Private bill – one affecting purely private interest,
Power of Congress to Declare Existence of a State of such as one granting a franchise to a person or
War corporation, or compensation to a person for
damages by him for which the government
 Sec 23, Art VI considers itself liable
o (1) The Congress, by a vote of two-thirds of both
Houses in joint session assembled, voting Process of Law-Making
separately, shall have the sole power to declare
the existence of a state of war Requirements as to Bills
o (2) In times of war or other national emergency,
1. As to titles of bills
the Congress may, by law, authorize the
 Sec. 26, Art VI
President, for a limited period and subject to such
o (1) Every bill passed by the Congress shall
restrictions as it may prescribe, to exercise
embrace only one subject which shall be
powers necessary and proper to carry out a
expressed in the title thereof.
declared national policy. Unless sooner
o (2) No bill passed by either House shall become
withdrawn by resolution of the Congress, such
a law unless it has passed three readings on
powers shall cease upon the next adjournment
separate days, and printed copies thereof in its
thereof.
final form have been distributed to its Members
Appropriations Law three days before its passage, except when the
President certifies to the necessity of its
 Sec. 24, Art. VI – All appropriation, revenue or tariff immediate enactment to meet a public calamity
bills, bills authorizing increase of the public debt, or emergency. Upon the last reading of a bill, no
bills of local application, and private bills, shall amendment there to shall be allowed, and the
originate exclusively in the House of vote thereon shall be taken immediately
Representatives, but the Senate may propose or thereafter, and the yeas and nays entered in the
concur with amendments Journal.
 Kinds of Appropriations o Example: Anti-smoking Act
1. Annual or General Appropriations – the o One Subject, One Title Rule
general appropriations bill is more popularly 1. To prevent "hodge-podge", "ogg-rolling", or
known as the budget the smuggling in of "riders."
2. Special or supplemental appropriations – it 2. To prevent surprise or fraud upon the
specify the purpose for which it is intended, and legislature.
shall be supported by funds actually available as 3. To fairly apprise the people of the subjects of
certified by the National Treasurer, or to be legislation that are being considered in order
raised by a corresponding revenue proposal that they may have the opportunity of being
therein; hear thereon, by petition or otherwise, if they
3. Specific appropriations – one which sets aside should so desire.
a named sum of money for the payment of a 4. But the title need not be a complete
particular expense and catalogue of a bill. In any case, a title must
4. Continuing appropriations – one which not be "so uncertain that the average person
provides a definite sum to be always available reading it would not be informed of the
from year to year, without necessity of further purpose of the enactment."
legislative action. 5. The title of the bill is controlling over the text.
[Dela Cruz v. Paras, G.R. No. L-42571-72
(1983)].
AKAC
6 PPGC211 | KEIKEI

2. Requirements as to Certain Laws from revenues and expenditures for the calendar
 Sec. 22, Art VII on which it is intended to be effective based on
o The President shall submit to the Congress within the results of operation during the preceding
thirty days from the opening of every regular calendar year
session, as the basis of the general  Sec. 29, Art VI.
appropriations bill, a budget of expenditure and o (1) No money shall be paid out of the Treasury
sources of financing, including receipts from except in pursuance of an appropriation made by
existing and proposed revenue measures law.
 Sec. 24, Art. VI  Sec. 27, Art VI
o All appropriation, revenue or tariff bills, bills o Every bill passed by the Congress shall, before it
authorizing increase of the public debt, bills of becomes a law, be presented to the President. If
local application, and private bills, shall originate he approves the same, he shall sign it; otherwise,
exclusively in the HOR, but the Senate may he shall veto it and return the same with his
propose or concur with amendments objections to the House where it originated, which
 Sec 25, Art. VI shall enter the objections at large in its Journal
o (1) The Congress may not increase the and proceed to reconsider it. If, after such
appropriations recommended by the President for reconsideration, two-thirds of all the Members of
the operation of the Government as specified in such House shall agree to pass the bill, it shall be
the budget. The form, content, and manner of sent, together with the objections, to the other
preparation of the budget shall be prescribed by House by which it shall likewise be reconsidered,
law. and if approved by two-thirds of all the Members
o (2) No provision or enactment shall be embraced of that House, it shall become a law. In all such
in the general appropriations bill unless it relates cases, the votes of each House shall be
specifically to some particular appropriation determined by yeas or nays, and the names of
therein. Any such provision or enactment shall be the Members voting for or against shall be
limited in is operation to the appropriation to entered in its Journal. The President shall
which it relates communicate his veto of any bill to the House
o (3) The procedure in approving appropriations for where it originated within thirty days after the date
the Congress shall strictly follow the procedure of receipt thereof; otherwise, it shall become a
for approving appropriations for other law as if he had signed it.
departments and agencies o (2) The President shall have the power to veto
o (4) A special appropriations bill shall specify the any particular item or items in an appropriation,
purpose for which it is intended, and shall be revenue, or tariff bill, but the veto shall not affect
supported by funds actually available as certified the item or items to which he does not object
by the National Treasurer, or to be raised by
corresponding revenue proposed therein.  Sec 26, Art VI
o (5) No law shall be passed authorizing any o (2) No bill passed by either House shall become a
transfer of appropriations; however, the law unless it has passed three reading on
President, the President of the Senate, the separate days, and printed copies thereof in its
Speaker of the House of Representatives, the final form have been distributed to its Members
Chief Justice of the Supreme Court, and the three days before its passage. Upon last reading
heads of Constitutional Commissions may, by of a bill, no amendment there to shall be allowed,
law, be authorized to augment any item in the and the vote thereon shall be taken immediately
general appropriations law for their respective thereafter, and the years and days entered in the
offices from savings in other items of their Journal
respective appropriations.
o (6) Discretionary funds appropriated for particular Three ways for the bill to become a law
officials shall be disbursed only for public
purposes to be supported by appropriate 1. When it is approved by the President;
vouchers and subject to such guidelines as may 2. When the vote of the President is overridden by a
be prescribed by law. two-thirds vote of all the members of both houses
o (7) If, by the end of any fiscal year, the Congress 3. Upon failure of the President to veto the bill and to
shall have failed to pass the general return it with his objections, to the House where it
appropriations bill for the ensuing fiscal year, the originated, within 30 days after the date of receipt
genera appropriations law for the preceding fiscal
year shall be deemed re-enacted and shall The Proposal
remain in force and effect until the genera
 A proposal, suggestion, idea regarding a certain
appropriations bill is passed by the Congress.
matter from the President, government agencies,
 Meaning of Budget
private citizens, interest groups, and legislator
o A budget is the financial program of the national
 A bill filed in the House of Representative will be
government for a designated calendar year,
labelled H.B., whilst, a bill filed in the Senate will be
consisting of statements of estimated receipts
labelled as S.B.
AKAC
7 PPGC211 | KEIKEI

Three Readings o (3) Charitable institutions, churches and all lands,

buildings, and improvements, actually, directly,
 First Reading and exclusively used for religious, charitable, or
o Reading of Title/Authors educational purposes shall be exempt from
o Referral to appropriate committee(s) taxation
 Second Reading o (4) No law granting any tax exemption shall be
o Sponsorship passed without the concurrence of a majority of
o Period of Debate all the Members of the Congress
o Period of Amendments o Exempted from Tax
 Third Reading  Charitable institution
o Distribution of Bill in Final Form  Churches
o No amendments allowed  Mosques
o Roll call vote is called  Non-profit cemetery
 Sec. 29, Art VI
o (1) No money shall be paid out of the Treasury
except in pursuance of appropriation made by law
o 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 any priest, preacher,
minister, other religious teacher, or dignitary
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
Presidential Action o (3) All money collected on any tax levied for a
special purpose shall be treated as a special fund
 Transmittal of Bill to president for his action. and paid out for such purpose only. If the purpose
 Approve: Approves and signed the bill to become for which a special fund was created has been
law fulfilled or abandoned, the balance, if any, shall
 If no action within 30 days of receipt, bill lapses into be transferred to the general funds of the
law Government
 Disapprove: President vetoes bill and returns it to  Sec. 30, Art VI
originating house with explanation, it can be o No law shall be passed increasing the appellate
override by the House of Representative and jurisdiction of the Supreme Court as provided in
Senate through 2/3 of their votes this Constitution without its advice and
concurrence
What is a Bill?  Sec. 31, Art. VI
o No law granting a title of royalty or nobility shall
 A bill is a draft of a law submitted to the be enacted
consideration of a legislative body for its adoption
Initiative and Referendum
What is a Resolution?
 Sec 32, Art. VI
 A resolution has been defined as a formal o The Congress shall, as early as possible, provide
expression of opinion, will, or intent by an official for a system of initiative and referendum, and the
body or assembled body exceptions therefrom, whereby the people can
directly propose and enact laws or approve or
Rule of Taxation reject any act or law or part thereof passed by the
Congress or local legislative body after the
 Sec 28, Article VI registration of a petition therefor signed by at
o (1) The rule of taxation shall be uniform and least ten percentum of the total number of
equitable. The Congress shall evolve a registered voters, of which every legislative
progressive system of taxation district must be represented by at least three
o (2) The Congress may, by law, authorize the percentum of the registered voters thereof.
President to fix within specified limits, and subject
to such limitation and restrictions as it may Meaning of Initiative and Referendum
impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or  Initiative – It is the reserved power of the people to
imposts within the framework of the national directly propose and enact laws at polls called for
development program of the Government the purpose independently of Congress or of a local
legislative body
AKAC
8 PPGC211 | KEIKEI

 Referendum – It is the process by which any act or

law or part thereof passed by Congress or by a
local legislative body is submitted to the people for
their approval or disapproval

Week 8 & 9: Executive Department

 Sec. 1 Art. VII

o The executive power shall be vested in the
President of the Philippines
 Sec. 5, Art VII
What is Executive Power? oBefore they enter on the execution of their office,
the President, the VicePresident, or the Acting
 Executive power has been defined as the power to
President shall take the following oath or
administer the laws, which means carrying them
affirmation:
into practical operation and enforcing their due
 “I do solemnly swear (or affirm) that I will
observance
faithfully and conscientiously fulfil my duties
as President (or Vice-President or Acting
Qualifications, Election and Term of the President
President) of the Philippines, preserve and
and Vice President
defend its Constitution, execute its laws, do
justice to every man, and consecrate myself to
 Qualifications
the service of the Nation. So help me God.”
1. Natural-born citizen of the Philippine
(In case of affirmation, last sentence will be
2. A registered voter
omitted.)
3. Able to read and write
4. At least 40 years of age on the day of election;  Oath or Affirmation of the President, Vice President,
and or Acting President
5. A resident of the Philippines for at least 10 years o Oath is an outward pledge made under an
immediately preceding such election [Sec. 2, Art immediate sense of responsibility to God. The
VII] oath-taking marks the formal induction of the
President, Vice President, or Acting President in
 Sec. 3, Art. VII
office. It is mandatory. He cannot enter on the
o There shall be a Vice-President who shall have
execution of his office without taking the
the same qualifications and term of office and be
prescribed oath or affirmation
elected with and in the same manner as the
President. He may be removed from office in the
Rules of Succession
same manner as the President.
o The Vice-President may be appointed as a
Member of the Cabinet. Such appointment
requires no confirmation
 Election
1. Regular Election: Second Monday of May.
2. National Board of Canvassers (President and
Vice President): Congress
a. Returns shall be transmitted to Congress,
directed to the Senate President
b. Joint public session: not later than 30 days
after election date; returns to be opened in
the presence of the Senate and HOR in joint
session.
3. Congress, upon determination of the authenticity
and due execution, shall canvass the votes.
4. Person having the highest number of votes shall
be proclaimed elected.
5. In case of tie, one will be chosen by the vote of
majority of all the members of both Houses of
Congress, voting separately.
 Term of Office
o 6 years, which shall begin at noon on the 30th
day of June next following the day of the election
and shall end at noon of the same day 6 years
thereafter [Sec. 4, Art. VII]
 Term of office distinguished from tenure office; right
to hold office; and office
AKAC
9 PPGC211 | KEIKEI

the President to serve the unexpired term. In

case of death, permanent disability, removal from
office, or resignation of 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
1. At the beginning of Term
elected and qualified, and be subject to the same
 Sec. 7, Art VII - If the President-elect fails to qualify,
restrictions of powers and disqualifications as the
the Vice-Presidentelect shall act as President until
Acting President.
the President-elect shall have qualified. If a
 Temporary Vacancy in the Presidency during the
President shall not have been chosen, the Vice-
term
President-elect shall act as President until a
o A vacancy in the Presidency arising from his
President shall have been chosen and qualified. If
disability can occur in any of the following ways:
at the beginning of the term of the President, the
 Voluntary written declaration of the President
President-elect shall have died or shall have
 First written declaration by majority of the
become permanently disabled, the Vice-President-
Cabinet
elect shall become President.
 Determination by Congress by 2/3 vote of all
 Where no President and Vice-President shall have
members, voting separately, acting on the
been chosen or shall have qualified, or where both
second written declaration by majority of the
shall have died or become permanently disabled,
Cabinet
the President of the Senate or, in case of his
o In all these cases, the Vice-President assumes
inability, the Speaker of the House of
the powers and duties of the office as Acting
Representatives shall act as President until a
President
President or a Vice-President shall have been
3. In case of Temporary Disability
chosen and qualified. The Congress shall, by law,
 Sec. 11, Art. VII
provide for the manner in which one who is to act as
a. Voluntary written declaration of the President -
President shall be selected until a President or a
Whenever the President transmits to the
Vice-President shall have qualified, in case of
President of the Senate and the Speaker of the
death, permanent disability, or inability of the
House of Representatives his written declaration
officials mentioned in the next preceding paragraph
that he is unable to discharge the powers and
 Sec. 10, Art. VII - Sec. 10, Art. VII - The Congress
duties of his office, and until he transmits to
shall, at ten o’clock in the morning of the third day
them a written declaration to the contrary, such
after the vacancy in the offices of the President and
powers and duties shall be discharged by the
Vice-President occurs, convene in accordance with
Vice-President as Acting President.
its rules without need of a call and within seven
b. First written declaration by majority of the
days enact a law calling for a special election to
Cabinet - Whenever a majority of all the
elect a President and a Vice-President to be held
Members of the Cabinet transmit to the
not earlier than forty-five days or later than sixty
President of the Senate and to the Speaker of
days from the time of such call. The bill calling such
the House of Representatives their written
special election shall be deemed certified under
declaration that the President is unable to
paragraph 2, Section 26, Article VI of this
discharge the powers and duties of his office,
Constitution and shall become law upon its approval
the Vice-President shall immediately assume the
on third reading by the Congress. Appropriations for
powers and duties of the office as Acting
the special election shall be charged against any
President.
current appropriations and shall be exempt from the
c. Determination by Congress by 2/3 vote of all
requirements of paragraph 4, Section 25, Article VI
members, voting separately, acting on the
of this Constitution. The convening of the Congress
second written declaration by majority of the
cannot be suspended nor the special election
Cabinet - Thereafter, when the President
postponed. No special election shall be called if the
transmits to the President of the Senate and to
vacancy occurs within eighteen months before the
the Speaker of the House of Representatives his
date of the next presidential election
written declaration that no inability exists, he
2. During Term
shall reassume the powers and duties of his
 Permanent Vacancy in the Presidency during the
office. Meanwhile, should a majority of all the
Term
Members of the Cabinet transmit within five days
o Sec.8, Art. VII - In case of death, permanent
to the President of the Senate and to the
disability, removal from office, or resignation of
Speaker of the House of Representatives their
the President, the Vice-President shall become
AKAC
10 PPGC211 | KEIKEI

written declaration that the President is unable Privileges, Inhibition and Disqualifications
to discharge the powers and duties of his office,
the Congress shall decide the issue. For that  Official Residence – The President shall have an
purpose, the Congress shall convene, if it is not official residence [Sec. Art. VII)
in session, within forty-eight hours, in  Salary - This shall be determined by law. It shall not
accordance with its rules and without need of be decreased during tenure. No increase shall take
call. If the Congress, within ten days after receipt effect until after the expiration of the term of the
of the last written declaration, or, if not in incumbent which such increase was approved.
session, within twelve days after it is required to [Sec. 6, Art. VII].
assemble, determines by a two-thirds vote of  Presidential Immunity - The President as such
both Houses, voting separately, that the cannot be sued, enjoying as he does immunity from
President is unable to discharge the powers and suit. But the validity of his acts can be tested by an
duties of his office, the Vice-President shall act action against other executive officials [Carillo v.
as the President; otherwise, the President shall Marcos, G.R. No. L-21015 (1981)]
continue exercising the powers and duties of his  Presidential Privilege - It is "the right of the
office President and highlevel executive branch officers to
 Constitutional Duty of Congress in Case of Vacancy withhold information from Congress, the courts, and
in the Officers of the President and the Vice- ultimately the public."
President  Vice President – Qualifications, election and term of
o Sec. 10, Art. VII - The Congress shall, at ten office and removal are the same as the President,
o’clock in the morning of the third day after the except that no Vice-President shall serve for more
vacancy in the offices of the President and Vice- than 2 consecutive terms. The Vice-President may
President occurs, convene in accordance with its be appointed as a member of the Cabinet; such
rules without need of a call and within seven days requires no confirmation by the Commission of
enact a law calling for a special election to elect a Appointments.
President and a Vice-President to be held not  Prohibitions on the Executive Department
earlier than forty-five days or later than sixty days o The following prohibitions apply to:
from the time of such call. The bill calling such  President
special election shall be deemed certified under  Vice-President
paragraph 2, Section 26, Article VI of this  The members of the Cabinet, and their
Constitution and shall become law upon its deputies assistants
approval on third reading by the Congress.
Appropriations for the special election shall be Prohibited Acts
charged against any current appropriations and
shall be exempt from the requirements of 1. Shall not receive any other emoluments from the
paragraph 4, Section 25, Article VI of this government or any other source [For President and
Constitution. The convening of the Congress Vice-President, Sec. 6, Art VII)
cannot be suspended nor the special election 2. Unless otherwise provided in the constitution, shall
postponed. No special election shall be called if not hold any other office or employment [Sec. 13,
the vacancy occurs within eighteen months Art. VII]
before the date of the next presidential election 3. Shall not directly or indirectly:
o Vacancy Timetable: a. Practice any other profession
 0 days - Vacancy occurs b. Participate in any business; or
 3 days - Congress convenes c. Be financially interested in any contract with or
 10 days - Law providing for special elections in any franchise or special privilege granted by
should be enacted the government or any subdivision or
 55 - 70 days - Election should be held within instrumentality thereof including government-
this period owned or controlled corporate or their
 85 - 100 days - Canvassing by Congress subsidiaries [Sec. 13, Art VII].
should be done within this period 4. Strictly avoid conflict of interest in the conduct of
 Vacancy in the Office of the Vice President their office [Sec. 13, Art VII]
o Sec. 9, Art. VII - Whenever there is a vacancy in 5. May not appoint [a] spouse; or [b] relatives by
the Office of the Vice-President during the term consanguinity or affinity within the fourth civil
for which he was elected, the President shall degrees as members of the Constitutional
nominate a VicePresident from among the Commissions, or the Office of the Ombudsman, or
Members of the Senate and the House of as Secretaries, Undersecretaries, chairmen or
Representatives who shall assume office upon heads of bureaus or offices, including government-
confirmation by a majority vote of all the Members owned or controlled corporations and their
of both Houses of the Congress, voting subsidiaries
separately.

AKAC
11 PPGC211 | KEIKEI

Powers of the President appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the
General Executive and Ministrative Power President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
 Executive Power – This refers to the President’s  The President shall have the power to make
power to enforce, implement, and administer laws. appointments during the recess of the Congress,
The President shall ensure that the laws be whether voluntary or compulsory, but such
faithfully executed [Sec. 17, Art. VII] appointments shall be effective only until after
disapproval by the Commission on Appointments or
Summary of Presidential Powers until the next adjournment of the Congress.
1. Power of Appointment - The legislative can create  Appointment - Selection by the proper authority of
an indivudal who is to exercise the powers and
office, but only the Executive can fill it; Congress
functions of a given office. Appointee has a right to
cannot circumvent this by setting very narrow
claim compensation as stated in the appointment.
qualifications such that only one person is qualified
to hold office.  Designation - Imposition of additional duties, usually
2. Power to Control - The President may (a) nullify, by law, upon a person already in the public service
modify judgments of subordinates [Sec. 17, Art. VII]; by virtue of an earlier appointment. Does not entail
(b) undo or redo actions of subordinates; and (c) lay payment of additional benefits or grants upon the
down rules for the performance of subordinates' person so designated [National Amnesty
duties. Commission v. COA, G.R. No. 156982 (2004)]
3. Power of Supervision - This refers to the oversight  Commission - Written Evidence of the appointment
function. The Executive must see to it that rules,  Steps in the Appointing Process:
which it did not make, are followed.
4. Diplomatic Powers - Including Power to Enter into
Treaties
5. Commander-in-Chief Powers [Sec. 18, Art. VII]
a. Call Out Power: Armed forces to suppress
lawless violence
b. Suspension of the privilege of the Writ of
Habeas Corpus: Only (a) in times of rebellion or
invasion; AND (b) when required by public
safety
c. Martial Law: Does not suspend the Constitution
6. Power of legislation
a. Veto Power
b. Power to Declare Emergency
c. Integrative Power: Powers shared with
legislative; legislation during times of emergency
7. Residual Power - To protect the general welfare of B. Types of Appointment
people  Regular Appointment – if the CA (congress) is in
8. Informing Power - Address Congress during session
opening of session, or at any other time [Sec. 23,  Ad Interim – during the recess of congress because
Art. VII]. the CA shall meet only while congress is in session
9. Other Powers: [Sec. 19, Art. VI]
a. Power to Pardon  Temporary Appointment – can be withdrawn or
b. Power to Grant Amnesty revoked at the pleasure of the appointing power.
c. Borrowing Power The appointee does not enjoy security of tenure
d. Budgetary Power C. Limitations on the Exercise
1. Sec 13 [2], Art. VII – The spouse and relatives by
Power of Appointment th
consanguinity or affinity within the 4 civil degree of
the President shall not, during his “tenure”, be
A. In General appointed as:
 The President shall nominate and, with the consent  Members of the Constitutional Commission;
of the Commission on Appointments, appoint the  Members of the Office of the Ombudsman;
heads of the executive departments, ambassadors,  Secretaries
other public ministers and consuls, or officers of the  Undersecretaries;
armed forces from the rank of colonel or naval  Chairman or heads of bureaus or offices, including
captain, and other officers whose appointments are GOCCs and their subsidiaries
vested in him in this Constitution. He shall also 2. Recess [Ad Interim] Appointments – The President
appoint all other officers of the Government whose shall have the power to make appointments during the
appointments are not otherwise provided for by law, recess of the Congress, whether voluntary or
and those whom he may be authorized by law to compulsory, but such appointments shall be effective
AKAC
12 PPGC211 | KEIKEI

only until disapproval by the Commission on Nature Grant

Appointments or until the next adjournment of the
Congress [Sec. 16 [2], Art. VII]  Congress is the repository of emergency powers.
This is evident in the tenor of Sec. 23 (2), Art. VI
Midnight Appointments Ban authorizing it to delegate such powers to the
President
 2 months immediately before the next presidential
nd
elections [2 Monday of March], and up to the end Requisites for Grant of Emergency Powers
of his “term” (June 30). President [or Acting
President] shall not make appointments [Sec. 16  Knowing that during grave emergencies, it may not
(2), Art. VII) be possible or practicable for Congress to meet and
exercise its powers, the Framers of our Constitution
Appointing Power of the Acting President deemed it wise to allow Congress to grant
emergency powers to the President, subject to
 Appointments extended by an Acting President certain conditions, thus:
shall remain effective unless revoked by the elected o There must be a war or other emergency;
President within 90 days from his assumption or re- o The delegation must be for a limited period only;
assumption of office [Sec. 14, Art. VII] o The delegation must be subject to such
 Midnight appointment ban applies to the acting restrictions as the Congress may prescribe;
President o The emergency powers must be exercised to
carry out a national policy declared by Congress
Power of Control and Supervision
Concept of Emergency
 Sec. 17, Art VII
o The President shall have control of all the  Emergency, as a generic term, connotes the
executive departments, bureaus, and office. He existence of conditions suddenly intensifying the
shall ensure that the laws be faithfully executed degree of existing danger to life or well-being
o Control is essentially the power to (1) alter or beyond that which is accepted as normal. The
modify or nullify or set aside what a subordinate emergencies are classifiable under three principal
officer had done in the performance of this duties; heads: (a) economic, (b) natural disaster, and (c)
and (2) substitute the judgement of the former national security. Emergency as contemplated in
with that of the latter the 1987 Constitution, may include rebellion,
 Doctrine of Qualified Political Agency economic crisis, pestilence or epidemic, typhoon,
o All the different executive and administrative flood, or other similar catastrophe of nationwide
organizations are mere adjuncts of the Executive proportions or effect
Department. This is an adjunct of the Doctrine of
One Executive Commander-In-Chief Powers
o The heads of the various executive departments
are assistants and agents of the Chief Executive  Sec. 18, Art VII
 Executive Departments and Offices o The President shall be the Commander-in-Chief
o The multifarious executive and administrative of of all armed forces of the Philippines and
the Chief Executive are performed by and whenever it becomes necessary, he may call out
through the executive departments such armed forces to prevent or suppress
 General Supervision over Local Government lawless violence, invasion or rebellion. In case of
Units and the Autonomous Regions invasion or rebellion, when the public safety
o The President shall exercise general supervision requires it, he may, for a period not exceeding
over local government [Sec. 4, Art. X] sixty days, suspend the privilege of the writ of
o The President shall exercise general supervision habeas corpus or place the Philippines or any
over autonomous regions to ensure that laws are part thereof under martial law. Within forty-eight
faithfully executed [Sec. 16, Art. X] hours from the proclamation of martial law or the
o The President may suspend or remove local suspension of the privilege of the writ of habeas
officials by the virtue of power delegated to him corpus, the President shall submit a report in
by Congress through the Local Government Code person or in writing to the Congress. The
[Sec. 3, Art. X] Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special
Emergency Powers session, may revoke such proclamation or
suspension, which revocation shall not be set
 They are delegated by the Congress which covers aside by the President. Upon the initiative of the
such power necessary to carry to a declared President, the Congress may, in the same
national policy [declared by Congress] 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

AKAC
13 PPGC211 | KEIKEI

o The Congress, if not in session, shall, within Effects of the Suspension of the Privilege
twenty-four hours following such proclamation or
suspension, convene in accordance with its 1. The suspension of the privilege of the writ applies
rules without any need of a call. The Supreme only to persons "judicially charged" for rebellion or
Court may review, in an appropriate proceeding offenses inherent in or directly connected with
filed by any citizen, the sufficiency of the factual invasion [Sec. 18 (5), Art. VII].
basis of the proclamation of martial law or the 2. During the suspension of the privilege of the writ,
suspension of the privilege of the writ or the any person thus arrested or detained shall be
extension thereof, and must promulgate its judicially charged within 3 days, or otherwise he
decision thereon within thirty days from its filing shall be released [Sec. 18 (6), Art. VII].
o A state of martial law does not suspend the
operation of the Constitution, nor supplant the Four ways for the Proclamation of Martial Law or
functioning of the civil courts or legislative the Suspension of the Privilege of the Writ of
assemblies, nor authorize the conferment of Habeas Corpus to be lifted
jurisdiction on military courts and agencies over
civilians where civil courts are able to function, 1. Lifting by the President himself
nor automatically suspend the privilege of the 2. Revocation by Congress
writ. 3. Nullification by the Supreme Court
o The suspension of the privilege of the writ shall 4. Operation of law after 60 days
apply only to persons judicially charged for
rebellion or offenses inherent in or directly Declaration of Martial Law and Suspension of the
connected with the invasion. privilege of the Writ of Habeas Corpus
o During the suspension of the privilege of the
1. Requisites in proclaiming Martial Law
writ, any person thus arrested or detained shall
2. Public safety requires the proclamation of martial law all
be judicially charged within three days,
over the Philippine or in any part thereof
otherwise he shall be released
The power to declare martial law and to suspend
► He may call out such armed forces to prevent
the privilege of the writ of habeas corpus involves
or suppress lawless violence, invasion, or
curtailment and suppression of civil rights and
rebellion
individual freedom. Thus, the declaration of martial
► He may suspend the privilege of the writ of
law serves as a warning to citizens that the
habeas corpus
Executive Department has called upon the military
► He may proclaim martial law over the entire
assist in the maintenance of law and order, and
Philippines or any part thereof
while the emergency remains, the citizens must,
o The President is the Commander-in-Chief of all
under pain of arrest and punishment, not act in a
Armed Forces of the Philippines. The ability of the
manner that will render it more difficult to restore
President to require a military official to secure
order and enforce the law. [Lagman v. Medialdia,
prior consent before appearing before Congress
G.R. No. 231658 (2017)].
pertains to a wholly different and independent
 The Role of Congress [Sec. 18 (1) (2), Art. VII]
specie of presidential authority - the Commander-
a. Congress may revoke the proclamation of
in-Chief powers of the President. By tradition and
martial law or suspension of the privileges of the
jurisprudence, the commander-in-chief powers of
writ of habeas corpus before the lapse of 60
the President are not encumbered by the same
from the date of suspension or proclamation.
degree of restriction as that which may attach to
b. Upon such proclamation or suspension,
executive privilege or executive control.
Congress shall convene at once. If it is not in
session, it shall convene in accordance with its
Calling out Powers
rules without need of a call within 24 hours
 This is merely a police measure meant to quell following the proclamation or suspension.
disorder. As such, the Constitution does not c. Within 48 hours from the proclamation or the
regulate its exercise radically. suspension, the President shall submit a report,
 State of Rebellion - The Constitution did not define in person or in writing, to the Congress.
the term "rebellion" it must be understood to have d. The Congress shall then vote jointly, by a
the same meaning as the crime of "rebellion" in the majority of all its members.
Revised Penal Code (RPC).  The Role of Supreme Court [Sec. 18 (3), Art. VII]
a. The Supreme Court may review, in an
Suspension of the Privilege of the Writ of Habeas appropriate proceeding filed by any citizen, the
Corpus sufficiency of the factual basis of:
 The proclamation of martial law or the
 The requisites for suspension of the privilege of the suspension of the privilege of the writ
writ of habeas corpus:  The extension thereof. It must promulgate its
1. There must be an actual invasion or rebellion; decision thereon within 30 days from its filing
and
2. Public safety requires it
AKAC
14 PPGC211 | KEIKEI

b. Petition for Habeas Corpus Pardon vs. Amnesty

 When a person is arrested without a warrant
for complicity in the rebellion or invasion, he or
someone else on his behalf has the standing
to question the validity of the proclamation or
suspension
 Before the SC can decide on the legality of his
detention, it must first pass upon the validity of
the proclamation or suspension

Executive Clemency

Nature and Limitations

 Sec. 19, Art. VII Difference between Probation and Parole

o Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may
grant reprieves, commutations and pardons, and
remit fines and forfeitures, after conviction by final
judgment. He shall also have the power to grant
amnesty with the concurrence of a majority of all
the Members of the Congress.
o General Exceptions to Executive Clemencies
1. In case of impeachment; and
2. As otherwise in this Constitution, e.g., for
election offenses: No pardon, amnesty, parole
or suspension of sentence for violation of
Diplomatic Power
election laws, rules, and regulations shall be
granted by the President without the  Scope of Diplomatic Power
favourable recommendation by the o The President, being the head of state, is
Commission on Election [Sec. 5, Art. IX] regarded as the sole organ and authority in
3. In cases of legislative and civil contempt external relations and is the country's sole
4. Before conviction by final judgment [except representative with foreign nations. Since the
amnesty] President is the chief architect of foreign policy,
5. Without concurrence of a majority of all the President acts as the country's mouthpiece
members of Congress [in case of amnesty] with respect to international affairs.
[Sec. 5, Art. IX]  The President is vested with the authority to:
1. Deal with foreign states and governments
Forms of Executive Clemency
2. Extend or withhold recognition
3. Maintain diplomatic relations
 Reprieves - A temporary relief from or
4. Enter into treaties; and
postponement of execution of criminal penalty or
5. Transact the business of foreign relations
sentence or a stay of execution [Black's Law
[Pimentel v. Executive Secretary, G.R No.
Dictionary].
158088 (2005)]
 Commutations - Reductions of sentence [Black's
Law Dictionary].
Treaty-Making Power
 Amnesty - A sovereign act of oblivion for past acts,
granted by government generally to a class of  As defined by the Vienna Convention on the Law of
persons who have been guilty usually of political Treaties, "an international instrument concluded
offenses and who are subject to trial but have not between States in written form and governed by
yet been convicted, and often conditioned upon international law, whether embodied in a single
their return to obedience and duty within a instrument or in two or more related instruments,
prescribed time [Black's Law Dictionary]. and whatever its particular designation" [Bayan v.
 Remit fines and forfeitures after conviction by final Executive Secretary, G.R. No. 138570 (2000)].
judgment.
 Pardons - Permanent cancellation of sentence Military Bases Treaty
[Black's Law Dictionary].
 Parole - The suspension of the sentence of a  Sec. 25, Art. XVIII
convict granted by a Parole Board after serving the o After the expiration in 1991 of the Agreement
minimum term of the indeterminate sentence between the Republic of the Philippines and the
penalty, without granting a pardon, prescribing the United States of America concerning Military
terms upon which the sentence shall be suspended. Bases, foreign military bases, troops, or facilities
shall not be allowed in the Philippines except
AKAC
15 PPGC211 | KEIKEI

under a treaty duly concurred in by the Senate Delegated Powers

and, when the Congress so requires, ratified by a
majority of the votes cast by the people in a  Sec. 23 (2), Art. VI - The President, under martial
national referendum held for that purpose, and rule or in a revolutionary government, may exercise
recognized as a treaty by the other contracting delegated legislative powers.
State.
Emergency Powers [Sec. 23, Art. VI]
Visiting Forces Agreement
1. In time of war or other national emergency, the
 The VFA, which is the instrument agreed upon to Congress, may, by law, authorize the President, for
provide for the joint RP-US military exercises, is a limited period, and subject to such restrictions as
simply an implementing agreement to the main RP- it may prescribe, to exercise powers necessary and
US Military Defense Treaty. The VFA is therefore proper to carry out a declared national policy
valid for it is a presence "allowed under" the RP-US 2. Unless sooner withdrawn by resolution of the
Mutual Defense Treaty Congress, such powers shall cease upon the
adjournment thereof.
Executive Agreements
Residual Powers
 Entered into by the President
 May be entered into without the concurrence of the  These are the unstated powers possessed by the
Senate. President which are (1) not enumerated in the
 Distinguished from treaties - International Constitution, (2) implied with the grant of executive
agreements involving political issues or changes in power, and (3) not possessed by the legislative and
national policy and those involving international judiciary.
agreements of permanent character usually take
the form of treaties. Veto Powers

 Sec. 27, Art. VI - (1) Every bill passed by the

Powers Relative to Appropriation Measures
Congress shall, before it becomes a law, be
 Contracting and guaranteeing foreign loans presented to the President. If he approves the
 Requisites for contracting and guaranteeing same, he shall sign it; otherwise, he shall veto it and
foreign loans: return the same with his objections to the House
a. With the concurrence of the monetary [Sec. 20, where it originated, which shall enter the objections
Art. VIII] at large in its Journal and proceed to reconsider it.
b. Subject to limitations as may be provided by law If, after such reconsideration, two-thirds of all the
[Sec. 2, Art. XII] Members of such House shall agree to pass the bill,
c. Information on foreign loans obtained or it shall be sent, together with the objections, to the
guaranteed shall be made available to the public other House by which it shall likewise be
[Sec. 2, Art. XII] reconsidered, and if approved by two-thirds of all
 Preparing and submitting the budget the Members of that House, it shall become a law.
o Sec. 22, Art. VII - The President shall submit to In all such cases, the votes of each House shall be
the Congress within thirty (30) days from the determined by yeas or nays, and the names of the
opening of every regular session, as the basis of Members voting for or against shall be entered in its
the general appropriations bill, a budget of Journal. The President shall communicate his veto
expenditures and sources of financing, including of any bill to the House where it originated within
receipts from existing and proposed revenue thirty days after the date of receipt thereof;
measures. otherwise, it shall become a law as if he had signed
o The budget is the plan indicating: it.
 Expenditures of the government  (2) The President shall have the power to veto any
 Sources of financing; and particular item or items in an appropriation,
 Receipts from revenue-raising measures. revenue, or tariff bill, but the veto shall not affect the
 Fixing of Tariff Rates item or items to which he does not object.
o Sec. 28, Art. VI - The Congress may, by law,
Executive Privilege
authorize the President to (1) fix within specified
limits, and (2) subject to such limitations and
 Presidential Communications Privilege -
restrictions as it may impose:
communications are presumptively privileged,
a. Tariff rates
President must be given freedom to explore
b. Import and export quotas
alternatives in policymaking.
c. Tonnage and wharfage dues
 Deliberative Process Privilege - refer to materials
d. Other duties or imposts within the framework of
that comprise part of a process by which
the national development program of the
governmental decisions and policies are formulated.
government

AKAC
16 PPGC211 | KEIKEI

This includes diplomatic processes. [Akbayan v. o First Level Courts are more commonly referred
Aquino, G.R. No. 170516 (2008)] to as Metropolitan Trial Courts (MeTC),
Municipal Trial Courts in Cities (MTCC),
Week 10 & 11: Judicial Department Municipal Trial Court (MTC), and Municipal
Circuit Trial Courts (MCTC). Regional Trial
Sec 1 Art. VIII Courts are also known as Second Level Courts,
which were established among the thirteen
 The judicial power shall be vested in one Supreme Judicial regions in the Philippines consisting of
Court and in such lower courts as may be Regions I to XII and the National Capital Region
established by law. (NCR). The Court of Appeals with 69 Justices
 Judicial power includes the duty of the courts of headed by a Presiding Justice which operates in
justice to settle actual controversies involving rights 23 divisions each comprising three (3) members.
which are legally demandable and enforceable, and The Court sits en banc only exercise
to determine whether or not there has been a grave administrative, ceremonial, or other non-
abuse of discretion amounting to lack or excess of adjudicatory functions.
jurisdiction on the part of any branch or  Special Court (Limited Cases)
instrumentality of the Government o The Shari’a District Courts are equivalent to the
Regional Trial Courts in rank, which were
Judicial Power
established in certain provinces in Mindanao
where the Muslim Code on Personal Laws is
 This is the power and duty of courts of justice to
being enforced. On the other hand, the Shari’a
apply the laws to contests or disputes concerning
Circuit Courts are the counterpart of the
legally recognized rights or duties between the
Municipal Circuit Trial Courts established in
State and private persons or individuals, or between
certain municipalities in Mindanao. The
private persons or individual litigants, in cases
Sandiganbayan has jurisdiction over criminal
properly brought before the judicial tribunals
and civil cases involving graft and corrupt
Scope of Judicial Power practices and such other offenses committed by
public officers and employees, including those in
 Adjudicatory power - Judicial power includes the government-owned or controlled corporations, in
duty of courts of justice: relation to their office as may be determined by
a. To settle actual controversies involving rights law. The Court of Tax Appeals was created
which are legally demandable and enforceable; under R.A. No. 1125, as amended by R.A. No.
and 9282, which has exclusive appellate jurisdiction
b. To determine whether there has been a grave to review on appeal, among other, decisions of
abuse of discretion amounting to lack or excess the Commissioner of Internal Revenue involving
of jurisdiction on the part of any branch or internal revenue taxes and decisions of the
instrumentality of the government. Commssioner of Customs involving customs
duties
Judicial Review

 Quasi-Judicial Agencies
o Administrative bodies under the executive
branch performing quasi-judicial functions, like
the National Labor Relations Commission, the
Employees Compensation Commission, the
Securities and Exchange Commission, the
Insurance Commission, etc., and the
independent Constitutional Commissions do not
Organization of Courts form part of the integrated judicial system
 Regular Court (General in Application)

AKAC
17 PPGC211 | KEIKEI

Sec. 2, Art VIII in the deliberations on the issues in the case and
voted thereon.
 The Congress shall have the power to define,  (3) Cases or matters heard by a division shall be
prescribe, and apportion the jurisdiction of various decided or resolved with the concurrence of a
courts but may not deprive the Supreme Court of its majority of the Members who actually took part in
jurisdiction over cases enumerated in Section 5 the deliberations on the issues in the case and
hereof. voted thereon, and in no case, without the
 No law shall be passed reorganizing the Judiciary concurrence of at least three of such Members.
when it undermines the security of tenure of its When the required number is not obtained, the case
Members. shall be decided en banc: Provided that no doctrine
or principle of law laid down by the court in a
Jurisdiction of Courts decision rendered en banc or in division may be
modified or reversed except by the court sitting en
 Jurisdiction is the power and authority of a court to banc.
hear, try, and decide a case. It may be:
1. General - when it is empowered to decide all The Supreme Court
disputes which may come before it except those
assigned to other courts;  (1) Composition
2. Limited - when it has authority to hear and a. Chief justice and 14 associate justices
determine only a few specified case; b. May sit en back or in division of three, five, or
3. Original - when it can try and decide a case seven members
presented for the first time. It may be exclusive or c. Vacancy shall be filled within 90 days from the
concurrent; occurrence thereof
4. Appellate - when it can take a case already heard d. Strict Composition: There is but one Supreme
and decided by a lower court removed from the Court whose membership appointments are
latter by appeal; permanent.
5. Exclusive - when it can try and decide a case
which cannot be presented before any other How many divisions can it have?
court;
6. Concurrent - when any one of two or more court
may take cognizance of a case.
7. Criminal - that which exists for the punishment of
crime; and
8. Civil - that which exists when the subject matter is
not of a criminal nature.

Sec. 3, Art VIII

 The Judiciary shall enjoy fiscal autonomy.

Appropriations for the Judiciary may not be reduced
by the legislature below the amount appropriated for
the previous year and, after approval, shall be En Banc and Division Cases
automatically and regularly released.
 En Banc: Cases decided with the concurrence of a
Sec. 4, Art VIII
majority of the Members who actually took part in
the deliberations and voted.
 (1) The Supreme Court shall be composed of a
 Instances when the SC Sits En Banc
Chief Justice and fourteen Associate Justices. It
a. Those involving the constitutionality, application,
may sit en banc or in its discretion, in divisions of
or operation of:
three, five, or seven Members. Any vacancy shall
1. Treaty
be filled within ninety days from the occurrence
2. Order
thereof.
3. International or Executive Agreement
 (2) All cases involving the constitutionality of a
4. Law
treaty, international or executive agreement, or law,
5. Presidential Decrees
which shall be heard by the Supreme Court en
6. Instructions
banc, and all other cases which under the Rules of
7. Proclamations
Court are required to be heard en banc, including
8. Ordinances
those involving the constitutionality, application, or
9. Other regulations
operation of presidential decrees, proclamations,
b. Exercise of the power to discipline judges of
orders, instructions, ordinances, and other
lower courts, or order their dismissal [Sec. 11,
regulations, shall be decided with the concurrence
Art. VIII]
of a majority of the Members who actually took part
c. Discipline of judges can be done by a division,
but En Banc decides cases for dismissal,
AKAC
18 PPGC211 | KEIKEI

disbarment, suspension for more than 1 year, or remain effective unless disapproved by the
fine of more than P10,000 [People v. Gacott, G.R. Supreme Court.
No. 116049 (1995)] 6. Appoint all officials and employees of the
d. Cases or matter heard by a Division where the Judiciary in accordance with the Civil Service
required number of votes to decide or resolve Law.
these is not met [Sec. 4 (3), Art. VIII]
e. Modifying or reversing a doctrine or principle of Powers and Functions
law laid down by the court in a decision rendered
en banc or in division [Sec. 4 (3), Art. VIII]  Procedural Rule-Making
f. Actions instituted by citizens to test the validity of o Sec. 5, Art. VIII. The Supreme Court shall have
a proclamation of Martial Law or suspension of the following powers:
the privilege of the writ [Sec. 18, Art. VII] o Promulgate rules concerning the protection and
g. When sitting as Presidential Electoral Tribunal enforcement of constitutional rights, pleading,
[Sec. 4 (7), Art. VII] practice, and procedure in all courts, the
h. All other cases which under the Rules of Court admission to the practice of law, the Integrated
are require to be heard by the SC en banc [Sec. 4 Bar, and legal assistance to the underprivileged.
(2), Art. VIII]  Limitations
a. Shall provide a simplified and inexpensive
Sec. 5, Art. VIII procedure for speedy disposition of cases
b. Uniform for all courts in the same grade
 The Supreme Court shall have the following c. Shall not diminish, increase or modify substantive
powers: rights
1. Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, Period for Deciding Cases [Sec. 15 (1), Art. VIII]
and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.  Supreme Court – 24 months
2. Review, revise, reverse, modify, or affirm on  Lower Collegiate Courts – 12 months, unless
appeal or certiorari, as the law or the Rules of reduced by the SC
Court may provide, final judgments and orders of  Other Lower Courts – 3 months, unless reduced by
lower courts in:' the SC
a. All cases in which the constitutionality or  Upon expiration of the period, the Chief Justice or
validity of any treaty, international or executive presiding judge shall issue a certification stating
agreement, law, presidential decree, why the decision or resolution has not been
proclamation, order, instruction, ordinance, or rendered within the period [Sec. 15 (3), Art. VIII]
regulation is in question
b. All cases involving the legality of any tax, Original Jurisdiction [Sec. 5 (1), Art. VIII]
impost, assessment, or toll, or any penalty
imposed in relation thereto. a. Cases affecting ambassadors, other public
c. All cases in which the jurisdiction of any lower ministers and consuls
court is in issue b. Petition for certiorari - it is a writ issued from a
d. All criminal cases in which the penalty superior court requiring a lower court or a board, or
imposed is reclusion perpetua or higher officer exercising judicial functions to transmit the
e. All cases in which only an error or question of records of a case to the superior court for purposes
law is involved. of review.
3. Assign temporarily judges of lower courts to other c. Petition for prohibition - It is a writ by which a
stations as public interest may require. Such superior court commands a lower court or a
temporary assignment shall not exceed six corporation, board, or person acting without or in
months without the consent of the judge excess of its or his jurisdiction, or with grave abuse
concerned. of discretion, to desist from further proceedings in
4. Order a change of venue or place of trial to avoid an action or matter.
a miscarriage of justice. d. Petition for mandamus - It is an order issued by a
5. Promulgate rules concerning the protection and superior court commanding a lower court or a
enforcement of constitutional rights, pleading, corporation, board, or person to perform a certain
practice, and procedure in all courts, the act which it is its or his to do.
admission to the practice of law, the Integrated e. Petition for quo warranto - It is an action by the
Bar, and legal assistance to the underprivileged. government to recover an office or franchise from
Such rules shall provide a simplified and an individual or corporation usurping or unlawfully
inexpensive procedure for the speedy disposition holding it.
of cases, shall be uniform for all courts of the f. Petition for habeas corpus - is granted, the writ shall
same grade, and shall not diminish, increase, or be directed against the officer holding custody of
modify substantive rights. Rules of procedure of the person or, in case the restraint is caused by a
special courts and quasi-judicial bodies shall person not an officer, the person responsible for
said detention; and he shall have to produce the
AKAC
19 PPGC211 | KEIKEI

body of the person restrained before the court or prohibition, mandamus, quo warranto, and
judge designated in the writ
habeas corpus.
Appellate Jurisdiction [Sec. 5 (2), Art. VIII] (2) Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
 On Appeal or certiorari (as the Rules of Court
provide), SC may review, revise, reverse, modify, or
Court may provide, final judgments and
affirm final judgments and orders of lower courts in: orders of lower courts in:
a. Cases involving the constitutionality or validity of a. All cases in which the constitutionality or
any treaty, international or executive agreement,
validity of any treaty, international or
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation, except in executive agreement, law, presidential
circumstances where the Court believes that decree, proclamation, order, instruction,
resolving the issue of constitutionality of a law or ordinance, or regulation is in question.
regulation at the first instance is paramount
importance and immediately affects the social, b. All cases involving the legality of any tax,
economic, and moral well-being of the people impost, assessment, or toll, or any penalty
[Moldex Realty v. HLURB, G.R. No. 149719 imposed in relation thereto.
(2007)];
c. All cases in which the jurisdiction of any
b. Cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in lower court is in issue.
relation thereto; d. All criminal cases in which the penalty
c. Cases in which the jurisdiction of any lower court is
imposed is reclusion perpetua or higher.
in issue;
d. Criminal cases where the penalty imposed is e. All cases in which only an error or
reclusion perpetual or higher; question of law is involved.
e. Cases where only a question of law is involved.
Qualifications of Members of the Judiciary
Sec. 6, Art VIII

 The supreme court shall have administrative

supervision over all courts and the personnel
thereof
 The supreme court exercises administrative
supervision over all courts from the Court of
Appeals down to the lowest courts and the
personnel thereof

Sec 7, Art VIII

(1) No person shall be appointed Member of the

Supreme Court or any lower collegiate court unless
he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty
years of age, and must have been for fifteen years or
more a judge of a lower court or engaged in the
practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of
judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the
Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of
proven competence, integrity, probity, and
independence

Sec. 5, Art VIII

 The supreme court shall have the following powers:

(1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari,

AKAC
20 PPGC211 | KEIKEI

 Appointment, tenure, salary of JBC Member

o Ex-officio member - the position in the Council is
good only while the person is the occupant of the
office.
o Regular members [Sec. 8 (2), Art. VIII] - The
regular members shall be appointed by the
President with the consent of the Commission on
Appointments.
o The term of the regular members is 4 years. But
the term of those initially appointed shall be
staggered in the following way so as to create
continuity in the council:
1. IBP representatives: 4 years
2. Law professor: 3 years
3. Retired justice: 2 years
Sec. 8, Art. VIII 4. Private sector: 1 year
b. Powers
(1) A Judicial and Bar Council is hereby created under  Primary function - Recommend appointees to the
the supervision of the Supreme Court composed of judiciary; may exercise such other functions and
the Chief Justice as ex officio Chairman, the duties as the SC may assign to it. [Sec. 8 (5), Art.
Secretary of Justice, and a representative of the VIII]
Congress as ex officio Members, a representative
of the Integrated Bar, a professor of law, a retired Sec. 9, Art VIII
Member of the Supreme Court, and a
representative of the private sector.  The Members of the Supreme Court and judges of
(2) The regular Members of the Council shall be lower courts shall be appointed by the President
appointed by the President for a term of four years from a list of at least three nominees prepared by
with the consent of the Commission on the Judicial and Bar Council for every vacancy.
Appointments. Of the Members first appointed, the Such appointments need no confirmation
representative of the Integrated Bar shall serve for  For the lower courts, the President shall issue the
four years, the professor of law for three years, the appointments within ninety days from the
retired Justice for two years, and the representative submission of the list.
of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the Appointment, Tenure, Salary of JBC Member
Secretary ex officio of the Council and shall keep a
record of its proceedings.  Procedure of Appointment
(4) The regular Members of the Council shall receive o The Members of the Supreme Court and judges
such emoluments as may be determined by the of lower courts shall be appointed by the
Supreme Court. The Supreme Court shall provide in President from a list of at least three nominees
its annual budget the appropriations for the Council. prepared by the Judicial and Bar Council for
(5) The Council shall have the principal function of every vacancy. Such appointments need no
recommending appointees to the Judiciary. It may confirmation. [Sec 9. Art, VIII]
exercise such other functions and duties as the o The Supreme Court shall be composed of a Chief
Supreme Court may assign to it Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in divisions of three,
Judicial and Bar Council five, or seven Members. Any vacancy shall be
filled within ninety days from the occurrence
a. Composition thereof. [Sec. 4 (1), Art. VIII]
Ex-officio member o For the lower courts, the President shall issue the
 Chief justice as ex-officio chairmen appointments within ninety days from the
 Secretary of justice submission of the list. [Sec. 9, Art. VIII]
 One representative of private sector
 Regular members Sec. 10, Art. VIII
 Representatives of the Integrated Bar
 Professor of Law  The salary of the Chief Justice and of the Associate
 Retired members of the SC Justices of the Supreme Court, and of judges of
 Representative of private sector lower courts shall be fixed by law. During their
 Secretary ex-officio [Sec. 8 (3), Art. VIII] - Clerk of continuance in office, their salary shall not be
Court of the SC, who shall keep a record of its decreased.
proceedings; not a member of the JBC

AKAC
21 PPGC211 | KEIKEI

Sec. 11, Art. VIII Sec. 14, Art. VIII

 The Members of the Supreme Court and judges of  No decision shall be rendered by any court without
lower courts shall hold office during good behavior expressing therein clearly and distinctly the facts
until they reached the age of seventy years or and the law on which it is based.
become incapacitated to discharge the duties of  No petition for review or motion for reconsideration
their office. The Supreme Court en banc shall have of a decision of the court shall be refused due
the power to discipline judges of lower courts, or course or denied without stating the legal basis
order their dismissal by a vote of a majority of the therefore
Members who actually took part in the deliberations
on the issues in the case and voted thereon. Meaning of Decision

Tenure of Office of Members of the Judiciary  Decision is the judgment rendered by a court of
justice or other competent tribunal after the
1. Importance of security of tenure - Section 11 presentation of the respective positions of the
insures the security of tenure of the members of the parties in an ordinary or criminal case or upon a
Supreme Court and the judges of lower courts. stipulation of facts upon which the disposition of the
2. Retirement Age - The retirement age in the 1973 case is based.
Constitution was reduced from the original seventy
(70) to sixty-five (65) years which is the retirement Sec. 15, Art. VIII
age of other non-elective government officials and
employees and restored again to seventy (70). (1) ) All cases or matters filed after the effectivity of this
3. Termination of right to hold office - The Constitution Constitution must be decided or resolved within
provides for the impeachment of the members of twenty-four months from date of submission for the
the Supreme Court. (Article XI, Section 2.) As for Supreme Court, and, unless reduced by the
judges of lower courts, Congress has the power to Supreme Court, twelve months for all lower
prescribe the procedure and the causes for their collegiate courts, and three months for all other
removal. lower courts.
4. Abolition of Office - It is well-known rule that valid (2) A case or matter shall be deemed submitted for
abolition of offices is neither removal nor separation decision or resolution upon the filing of the last
of the incumbents. removal from office is to be pending, brief, or memorandum required by the
distinguished from termination by virtue of the Rules of Court or by the court itself.
abolition of the office (3) Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice
Sec. 12, Art. VIII or the presiding judge shall forthwith be issued and
a copy thereof attached to the record of the case or
 The Members of the Supreme Court and of other matter, and served upon the parties. The
courts established by law shall not be designated to certification shall state why a decision or resolution
any agency performing quasi-judicial or has not been rendered or issued within said period.
administrative functions. (4) Despite the expiration of the applicable mandatory
 The SC and its members should not and cannot be period, the court, without prejudice to such
required to exercise any power or to perform any responsibility as may have been incurred in
trust or to assume any duty not pertaining to or consequence thereof, shall decide or resolve the
connected with the administering of judicial case or matter submitted thereto for determination,
functions [Meralco v. Pasay Transportation Co., without further delay.
G.R. No. L-37838 (1932)]
Maximum periods for rendition of decisions
Sec. 13, Art. VIII
 From date of submission for decision or resolution –
 Requirements for Decisions and Resolutions by constitutional mandate, the various courts must
o The conclusions of the Supreme Court in any decide or resolve a case or matter submitted
case submitted to it for decision en banc or in thereto within the following periods from the date of
division shall be reached in consultation before submission:
the case is assigned to a Member for the writing o Supreme Court – within twenty-four (24) months;
of the opinion of the Court. A certification to this o The Court of Appeals and other collegiate
effect signed by the Chief Justice shall be issued appellate courts – within twelve (12) months
and a copy thereof attached to the record of the unless reduced by the Supreme Court;
case and served upon the parties. Any Member o Lower courts – within three (3) months unless
who took no part, or dissented, or abstained from reduced by the Supreme Court.
a decision or resolution must state the reason  A case or matter is deemed submitted for decision
therefor. The same requirements shall be or resolution from the date the last pleading
observed by all lower collegiate courts (Section 5[5].), brief, or memorandum is filed.

AKAC
22 PPGC211 | KEIKEI

Pleading

 Provide notice to the defendant that a lawsuit has

been instituted concerning a specific controversy or
controversies. It also provides notice to the plaintiff
of the defendant's intentions with regard to the suit.
[Cornell Law School]

Brief

 A written argument submitted to the court. Lawyers

often prepare briefs which highlight and clarify
certain information or provide legal comparisons in
an attempt to persuade the courtroom to rule in
favor of that lawyer’s client. [Cornell Law School]

Memorandum

 In a legal sense, can refer to a comprehensive and

organized written document that summarizes and
analyzes relevant laws based on legal research to
support a conclusion on a particular legal issue. It is
usually includes a description of factual background
of the subject case or fact pattern, a statement of
the legal issues to be discussed, an introduction of
the relevant laws, an analysis of how the law should
apply to specific facts and a conclusion. [Cornell
Law School]

Sec. 16, Art. VIII

 The Supreme Court shall, within thirty days from the

opening of each regular session of the Congress,
submit to the President and the Congress an annual
report on the operations and activities of the
Judiciary.

AKAC