D. Executive Department 2004].

I. Privileges, Inhibitions and Disqualifications

II. Powers Even after Congress has adjourned its regular 32
session, it may continue to perform this
The President constitutional duty of canvassing the presidential
and vice-presidential election results without need
Qualifications: of any call for a special session by the President. The
(1) Natural-born citizen of the Philippines; joint public session of both Houses of Congress
(2) A registered voter; convened by express directive of the Constitution to
(3) Able to read and write; canvass the votes for and to proclaim the newly-
(4) At least forty years of age on the day of the elected President and Vice-President has not, and
election; and cannot, adjourn sine die until it has accomplished its
(5) A resident of the Philippines for at least ten constitutionally mandated task. Only when a board
years immediately preceding such election. of canvassers has completed its functions is it
[Sec. 2, Art. VII] rendered functus officio. [Aquilino Pimentel Jr. v.
Joint Committee of Congress to Canvass the votes cast
Election: for President and Vice-President, G.R. No.
(1) Regular Election – Second Monday of Monday 163783, June 22, 2004].
(2) Congress as canvassing board – Returns of every
election for President and Vice President, duly If the COMELEC is proscribed from conducting an
certified by the board of canvassers of each official canvass of the votes cast for the President
province or city, shall be transmitted to and Vice-President, it is, with more reason,
Congress, directed to the Senate President prohibited from making an ―unofficial‖ canvass of
who, upon receipt of the certificates of said votes. [Brillantes v. COMELEC, G.R. No. 163193,
canvass, shall, not later than 30 days after the June 15, 2004]
day of the election, open all the certificates in
the presence of the Senate and the House of The Supreme Court as Presidential Electoral
Representatives in joint public session, and the Tribunal: The Supreme Court, sitting in banc, shall
Congress, upon determination of the be the sole judge of all contests relating to the
authenticity and due execution thereof in the election, returns and qualifications of the President or
manner provided by law, canvass the votes. Vice-President, and may promulgate its rules for the
Congress shall promulgate its rules for the purpose.
canvassing of the certificates. In case two or
more candidates shall have an equal and Term of Office: 6 years which shall begin at noon on
highest number of votes, one of them shall be the 30th day of June next following the day of the
chosen by a majority vote of all the memers of election and shall end at noon of the same day 6 years
Congress. [Art. VII, Sec. 4] thereafter. [Sec. 4, Art. VII]

Jurisprudence on Canvassing: NOT eligible for re-election: President.

Note: No person who has succeeded as President and
Congress may validly delegate the initial has served for more than 4 years shall be qualified
determination of the authenticity and due execution for election to the same office for any length of
of the certificates of canvass to a Joint time. [Sec. 4, Art. VII]
Congressional Committee, composed of members of
the House of Representatives and of the Senate. The I. Privileges, Inhibitions and
creation of the Joint Committee does not constitute Disqualifications
grave abuse and cannot be said to have deprived
petitioner and the other members of Congress of
their congressional prerogatives, because under the
President
very Rules under attack, the decisions and final
report of the said Committee shall be subject to the Privileges
approval of the joint session of both Houses of (1) Official residence
Congress, voting separately. [Ruy Elias Lopez v.
(2) Salary. Determined by law; shall not be
decreased during tenure. No increase shall
take effect until after the expiration of the term
of the incumbent during which such increase was
approved.

(3) Immunity from Suit.

(4) Executive Privilege. It is the right of the

President and high-level executive branch
officials to withhold information from
Congress, the courts, and ultimately, the public.
 correspondences, or discussions during required by the primary functions of
closed-door Cabinet meetings, like he the said official‘s office. These posts
internal deliberations of the Supreme do not comprise ―any other office‖ 33
Court and other collegiate courts, or within the contemplation of the
executive sessions of either House of constitutional prohibition, but properly
Congress, are recognized as an imposition of additional duties and
confidential. This kind of information functions on said officials. The ex-
cannot be pried open by a co-equal officio position being actually and in
branch of government. [Senate v. legal contemplation part of the
Ermita, G.R. No. 169777, April 20, principal office, it follows that the
2006] official concerned has no right to
receive additional compensation for
b. The claim of executive privilege is his services in said position. The
highly recognized in cases where the reason is that these services are
subject of the inquiry relates to a power already paid for and covered by the
textually committed by the Constitution compensation attached to the
to the President, such as in the area of principal office. [National Amnesty
military and foreign relations. Under Commission v. COA, G.R. No. 156982,
commander-in-chief, appointing, September 8, 2004]
pardoning, and diplomatic powers.
Consistent with the doctrine of (3) Shall not directly or indirectly practice any
separation of powers, the information other profession, participate in any
relating to these powers may enjoy business, or be financially interested in any
greater confidentiality than others. contract with; or in any franchise or special
[Neri v. Senate Committees, G.R. No. privilege granted by the government or any
180843, March 25, 2008] subdivision, agency, or instrumentality
thereof, including government-owned or
c. The privilege being an exemption from controlled corporations or their
the obligation to disclose information, subsidiaries.
the necessity for withholding the
information must be of such a high (4) Strictly avoid conflict of interest in the
degree as to outweigh the public conduct of their office
interest in enforcing that obligation in
a particular case. In light of this highly (5) May not appoint spouse or relatives by
exceptional nature of the privilege, consanguinity or affinity within the fourth
the Court finds it essential to limit to civil degree as members of Constitutional
the President (and to the Executive Commissions, or the Office of the
Secretary by oder of the President) the Ombudsman, or as Secretaries, Under
power to invoke the privilege. [Senate Secretaries, Chairmen, or heads of bureaus
v. Ermita, supra] or offices, including government-owned or
controlled corporation and their
subsidiaries.
Vice-President
B. Who are prohibited?
Qualifications, election and term of office and
(1) President
removal are same as the President but not Vice- (2) Vice-President,
President shall serve for more than 2 successive terms. (3) the Members of the Cabinet, and their
deputies or assistants
The Vice-President may be appointed as Member of
the Cabinet and such requires no confirmation by the The stricter prohibition applied to the Pres. and his
Commission of Appointments. official family under Sec. 13, Art. VII as compared to
the prohibition applicable to appointive officials in
Prohibitions general under Art. IX, B, Sec. 7, par. 2 are proof of
the intent of the 1987 Constitution to treat them as
A. Prohibited acts: a class by itself and to impose upon said class
(1) Shall not receive any other emoluments stricter prohibitions.
from the government or any other source.
However, the prohibition against holding dual or
(2) Unless otherwise provided in the multiple offices or employment under Art. VII, Sec.
constitution, shall not hold any other office 13 must not be construed as applying to posts occupied
or employment. by the Executive officials specified therein w/o
The prohibition is not to be construed additional compensation in an ex-officio capacity
as applying to posts occupied by the as provided by law and as required by the primary
Executive officials without additional functions of said official's office. The reason
compensation in an ex-officio is that these posts do not comprise "any other office"
w/in the contemplation of the constitutional
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

prohibition but are properly an imposition of The President can assume ex officio
additional duties and function on said officials. [Civil positions. E.g. The President is the
Liberties Union v Executive Secretary, (1991)] Chairman of NEDA. (Sec. 9, Art XII)
34
C. Prohibitions against other officials (2) Vice-President
(1) No Senator or Member of the House of ―xxx The Vice-President may be appointed
Representatives, during his term, may: as member of the Cabinet. Such
Hold any other office or appointment requires no confirmation‖ [Sec
employment in the Government, or 3, Art VII]
any of its subdivisions, agencies, or
instrumentalities including GOCCs or (3) Cabinet
their subsidiaries; OR The Secretary of Justice shall be an
Be appointed to any office which ex-officio member of the Judicial
may have been created or the and Bar Council. [Sec. 8(1), Art VIII]
emoluments thereof increased
during the term for which he was Unless otherwise allowed by law or
elected. [Sec. 13, Art VI]. by the primary functions of his
position, appointive officials shall
(2) No member of the Constitutional not hold any other office or
Commission during his term, shall: employment in the Government or
any subdivision, agency or
Hold any other office or instrumentality thereof, including
employment; government- owned or controlled
Engage in the practice of any corporations or their subsidiaries.
profession or in the active [Sec. 7, Art IX-B]
management or control of any
business which in any way may be Art. VII, Sec. 13 talks of "unless
affected by the functions of his otherwise provided by the
office; OR Constitution." In the case of
Be financially interested, directly or
Cabinet members, this refers to Art.
indirectly, in any contract with, or
IX, B, 7, par. 2.
in any franchise or privilege granted
by the Government, any of its
Thus, the Constitution allows a
subdivisions, agencies, or
Cabinet member to hold another
instrumentalities, including
office provided either:
government-owned or controlled i. such is necessitated by the primary
corporations or their subsidiaries. functions of his position (e.g.
[Sec. 2, Art IX-A]. Secretary of Trade and Industry as
(3) No elective official during his tenure shall Chairman of NDC and Secretary of
be eligible for appointment or designation Agrarian Reform as Chairman of the
in any capacity to any public office or Land Bank)
position. [Sec. 7. Art IX B] ii. such is allowed by law
(4) No appointive official shall hold any other a. Presidential Immunity
office or employment in the Government or
any of its subdivisions, agencies or
instrumentalities, including GOCCs or their The President as such cannot be sued, enjoying as he
subsidiaries. [Sec. 7. Art IX B] does immunity from suit, but the validity of his acts
can be tested by an action against the other executive
(5) The Members of the Supreme Court and of officials or such independent constitutional agencies
other courts established by law shall not be as the Commission on Elections and the Commission on
designated to any agency performing quasi- Audit. [Carillo vs. Marcos (1981)]
judicial or administrative functions. [Sec.
12, Art VIII] The privilege may be invoked ONLY by the
President. The SC held that the privilege of
D. Exceptions to rule prohibiting executive immunity from suit pertains to the President by
officials from holding additional positions: virtue of the office and may be invoked only by the
holder of the office; not by any other person in the
(1) President President's behalf. Thus, an accused in a criminal
The President can assume a Cabinet case where the President is a complainant cannot
post, (because the departments are raise the presidential privilege as a defense to prevent
mere extensions of his personality, the case from proceeding against the accused.
according to the Doctrine of Qualified Moreover, there is nothing in our laws that would
Political Agency, so no objection can prevent the President from waiving the privilege. The
be validly raised President may shed the protection afforded by the
based on Sec. 13, Art VII. privilege and submit to the court's jurisdiction.
[Soliven vs Makasiar (1988); Beltran vs
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

Makasiar (1988)]
Synthesis of Jurisprudential doctrines
Petitioners theorize that the present petition for (1) For the privilege to apply there must be a
prohibition is improper because the same attacks an formal claim of the privilege. Only the 35
act of the President, in violation of the doctrine of President or the Executive Authority (by
presidential immunity from suit. Petitioners‘ authority of the President) can invoke the
contention is untenable for the simple reason that privilege.
the petition is directed against petitioners and not
against the President. The questioned acts are those (2) A formal and proper claim of executive privilege
of petitioners and not of the President. requires a specific designation and description
Furthermore, presidential decisions may be of the documents within its scope as well as
questioned before the courts where there is grave precise and certain reasons for preserving their
abuse of discretion or that the President acted confidentiality. Without this specificity, it is
without or in excess of jurisdiction. [Gloria v. impossible for a court to analyze the claim
short of disclosure of the very thing sought to
Court of Appeals, G.R. No. 119903, August 15, 2000]
be protected. [Senate v. Ermita, supra]
Immunity co-extensive with tenure. After tenure,
(3) Once properly invoked, a presumption arises
the Chief Executive cannot invoke immunity from
that it is privileged. If what is involved is the
suit for civil damages arising out of acts done by him
presumptive privilege of presidential
while he was President which were not performed in
communications when invoked by the President
the exercise of official duties. [Estrada v. Desierto,
on a matter clearly within the domain of the
G.R. Nos. 146710-15, March 2, 2001]
Executive, the said presumption dictates that
the same be recognized and be given preference
or priority, in the absence of proof of a
b. Presidential Privilege compelling or critical need for disclosure by the
one assailing such presumption. [Neri v. Senate
Definition: The power of the Government to Committees, G.R. No. 180843, March
withhold information from the public, the courts, 25, 2008]
and the Congress. [Schwart] It as "the right of the
President and high-level executive branch officers to (4) Three elements needed to be complied with in
withhold information from Congress, the courts, and order for the claim to executive privilege to be
ultimately the public." [Rozell] valid. These are:
Varieties of Executive Privilege: (a) the protected communication must
(1) State secrets privilege - invoked by U.S. relate to a quintessential and non-
Presidents, beginning with Washington, on the delegable presidential power (may
ground that the information is of such nature be validly claimed by the executive
that its disclosure would subvert crucial military department only in cases where the
or diplomatic objectives. power subject of the legislative inquiry
is expressly granted by the
(2) Informer’s privilege - the privilege of the Constitution to the President i.e. the
Government not to disclose the identity of commander-in-chief, appointing,
persons who furnish information of violations of pardoning, and diplomatic powers);
law to officers charged with the enforcement of
that law.
(b) it must be authored, solicited, and
(3) Generic privilege for internal deliberations - received by a close advisor of the
has been said to attach to intragovernmental President or the President himself.
documents reflecting advisory opinions, The judicial test is that an advisor
recommendations and deliberations comprising must be in ―operational proximity‖
part of a process by which governmental decisions with the President (the availability of
and policies are formulated. [Senate v. Ermita, executive privilege only to officials
G.R. No. 163783, June 22, 2004] who stand proximate to the
President, not only by reason of their
Scope: This jurisdiction recognizes the common law function, but also by reason of their
holding that there is a "governmental privilege positions in the Executive‘s
against public disclosure with respect to state organizational structure); and,
secrets regarding military, diplomatic and other
national security matters." The same case held that (c) it may be overcome by a showing of
closed-door Cabinet meetings are also a recognized adequate need, such that the
limitation on the right to information. information sought ―likely contains
important evidence,‖ and by the
Note: Executive privilege, is properly invoked in unavailability of the information
relation to specific categories of information and not elsewhere by an appropriate
to categories of persons. Only the President (and the investigating authority. [Neri v.
Executive Secretary, by order of the President) can Senate, supra]
invoke the privilege. [Senate v. Ermita, supra]
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

departments, ambassadors, other public ministers

II. Powers and consuls, or officers of the armed forces from the
rank of colonel or naval captain, and other officers
a. Executive and Administrative Powers whose appointments are vested in him in this 36
b. Power of Appointment constitution. He shall also appoint all other officers
c. Power of Control and Supervision of the Government whose appointments are not
d. Military Powers otherwise provided for by law, and those whom he
e. Pardoning Power may be authorized by law to appoint. The Congress
f. Diplomatic Power may, by law, vest the appointment of other officers
g. Powers Relative to Appropriation Measures
lower in rank in the President alone, in the courts,
h. Residual Powers
or in the heads of departments, agencies, commissions
or boards.
a.Executive and Administrative Powers in
General Definition: the selection, by the authority vested with
the power, of an individual who is to exercise the
Executive power functions of a given office.

Definition: It is the duty to implement the laws within Appointment is distinguished from:
the standards imposed by the legislature. (1) Designation – imposition of additional
*This power is exercised by the President. [Sec 1, Art duties, usually by law, on a person already in
VII] the public service.

The President shall have control of all the executive (2) Commission – written evidence of the
departments, bureaus, and offices. He shall ensure appointment.
that the laws be faithfully executed [Sec 17, Art VII].
Classification of Power of Appointment:
The Court held that as administrative head of There are 4 groups of officers whom the Pres may
the government, the President is vested appoint:
with the power to execute, administer and (1) Heads of the Executive Department,
carry out laws into practical operation. ambassadors, other public ministers and
[National Electrification Commission vs. CA consuls, officers of the armed forces from
(1997)] the rank of colonel or naval captain and
other officers whose appointments are
The powers of the President cannot be said to be vested in him;
limited only to the specific power enumerated in the
Constitution. In other words, executive power is (2) All other officers of the government whose
more than the sum of specific powers so appointments are not otherwise provided by
enumerated. law;

The framers did not intend that by enumerating the (3) Those whom the President may be
powers of the Pres, he shall exercise those powers and authorized to appoint;
no other.
(4) Officers lower in rank whose appointments
These unstated residual powers are implied from the Congress may by law vest in the President
grant of executive power and which are necessary alone.
for the Pres to comply with his duties under the
Constitution. [Marcos vs Manglapus (1989)] Note: Heads of bureaus were deliberately removed
from the provision of appointments requiring
The President has the authority to carry out a confirmation and were included in the 4th group and
reorganization of the Department of Health under hence, their appointments no longer need
the Constitution and statues. This authority is an confirmation. [Sarmiento vs Mison, (1987)]
adjunct of the President‘s power of control under
art. VII, secs 1 and 17, and it is also an exercise of Steps in the appointing process:
his ―residual powers‖. However, the President must (1) Nomination by the President
exercise good faith in carrying out the reorganization (2) Confirmation by the Commission on
of any branch or agency of the executive Appointments
department. [Malaria Employees and Workers (3) Issuance of the Commission
Association of the Philippines, Inc. v. Romulo, G.R. (4) Acceptance by the appointee
No. 160093, July 31, 2007]
Note: In the case of ad interim appointments, steps
b. Power of Appointment 1, 3 and 4 precedes step 2.

IN GENERAL An appointment is deemed complete only upon

acceptance. [Lacson v. Romero, 84 Phil. 740].
Sec. 16, Art. VII: The President shall nominate and, Appointment is essentially a discretionary power and
with the consent of the Commission on must be performed by the officer in which it is
Appointments, appoint the heads of the executive
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

vested according to his best lights, the only confirmed. The SC dismissed this view however,
condition being that the appointee, if issued a saying that the inclusion of the word "alone" was an
permanent appointment, should possess the oversight. Thus, the Constitution should read "The
minimum qualification requirements, including the Congress may, by law, vest the appointment of other 37
Civil Service eligibility prescribed by law for the officers lower in rank in the President."
position. This discretion also includes the
determination of the nature or character of the Limitations on appointing power of the President
appointment. (1) The spouse and relatives by consanguinity or
affinity within the 4th civil degree of the
Confirmation is not required when the President President shall not, during his "tenure", be
appoints other government officers whose appointed as (sec 13, Art VII):
appointments are not otherwise provided for by law a. members of the Constitutional
or those officers whom he may be authorized by law Commissions,
to appoint (like the Chairman and Members of the b. member of the Office of
Commission on Human Rights). Also, as observed in Ombudsman,
Sarmiento v. Mison, when Congress: c. Secretaries,
d. Undersecretaries,
(1) creates inferior offices but omits to provide for e. Chairmen or heads of bureaus or
appointment thereto, or provides in an offices, including government-owned or

unconstitutional manner for such controlled corporations and their

appointments; or subsidiaries.

(2) the officers are considered as among those (2) The President shall have the power to make
whose appointments are not otherwise appointments during the recess of the
provided for by law. Congress, whether voluntary or compulsory,
but such appointments shall be effective
Upon Recommendation of the Judicial and Bar only until disapproval by the Commission on
Council Appointments or until the next adjournment
(1) Members of the Supreme Court and all other of the Congress. [Sec 16(2), Art VII]
courts. (Sec 9, Art VIII)
Appointments need no confirmation. (3) Appointments extended by an acting
For lower courts, appointment shall be issued President shall remain effective unless
within 90 days from submission of the list revoked by the elected President within 90
days from his assumption of office [Sec. 14,
(2) Ombudsman and his 5 deputies (for Luzon, Visayas, Art. VII] This is limited to presidential
Mindanao, general and military) Sec 9 appointments. There is no law that
Art XI. prohibits local executive officials from
Such appointments shall require no making appointments during the last days of
confirmation. their tenure. [De Rama v. Court of Appeals,
All vacancies shall be filled within three G.R. No. 131136, February 28, 2001]
months after they occur.
Interim or recess appointments
Appointment of Vice-President as Member of the
Cabinet (Sec 3, Art.VII)
Appointment requires NO confirmation a. Regular and recess (ad-interim)
appointments
Appointments solely by the President (Sec. 16, Art
VII) Appointments requiring confirmation are of two
(1) Those vested by the Constitution on the kinds
President alone (e.g. appointment of Vice- (1) regular, if the CA, that is, Congress, is in
President to the Cabinet) [Art. VII, Sec. 3(2)] session;
(2) Those whose appointments are not otherwise
provided by law. (2) during the recess of Congress (because the
(3) Those whom he may be authorized by law to Commission shall meet only while Congress
appoint. is in session [Art. VI, Sec. 19].
(4) Those other officers lower in rank whose
appointment is vested by law in the President Regular appointment - one made by the President
(alone). The phraseology is muddled: while Congress is in session, takes effect only after
confirmation by the Commission on Appointments, and
Sarmiento v Mison (1987): once approved, continues until the end of the term of
In arguing that even bureau chiefs needed the appointee.
confirmation even if they are of inferior rank, the
basis was the phrase, "the Congress may, by law, Ad-interim appointment - one made by the
vest in the appointment of other officers lower in rank President while Congress is not in session, takes effect
in the President alone". This meant that until a immediately, but ceases to be valid if disapproved by
law is passed giving such appointing power to the the Commission on Appointments or upon the next
President alone, then such appointment has to be adjournment of Congress. (Art. VII, Sec. 16, par. 2)
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

prejudice public service or endanger public

Ad interim appointment – a permanent appointment safety. [Sec 15, Art VII]
made by the Pres in the meantime that Congress is
in recess. It is permanent as it takes effect Commission on Appointments 38
immediately and can no longer be withdrawn by the Confirmation
President once the appointee has qualified into office.
The fact that it is subject to the confirmation The seats reserved for sectoral reps may be filled by
of the Commission on Appointments does not alter appointment by the President under Art XVIII, Sec. 7.
its permanent character. Hence, said appointment is It is indubitable that sectoral representatives to the
effective until (1) disapproved by the CA or (2) the House are among the ―other officers whose
next adjournment of Congress [Matibag vs Benipayo appointments are vested in the Pres in this
(2002)] Constitution‖, referred to in the 1st sentence of Art.
VII, Sec. 16. These appointments require the
b.Acting/Temporary appointment confirmation of the Commission on Appointments.

Can be withdrawn or revoked at the pleasure of the Synthesis:

appointing power. The appointee does not enjoy From the rulings in Sarmiento III v. Mison 1987,
security of tenure. This is the kind of appointment Bautista v. Salonga 1989, and Deles v. Constitutional
that the Constitution prohibits the Pres from making Commission 1989, these doctrines are deducible:
to the independent constitutional commissions. Confirmation by the Commission on Appointments is
required only for presidential appointees as
mentioned in the first sentence of Sec. 16, Art. VII,
The mere filing of a motion for reconsideration of
including those officers whose appointments are
the confirmation of an appointment cannot have the
expressly vested by the Constitution itself in the
effect of recalling or setting aside said appointment.
President:
The Constitution is clear – there must either be a
(1) Heads of the executive departments
rejection by the Commission on Appointments or
(2) Ambassadors, other public ministers and
non-action on its part for the confirmation to be
consuls
recalled.
(3) Officers of the Armed Forces of the
Philippines with the rank of colonel or naval
Also, the power to approve or disapprove
captain (because these are officers of a
appointments is conferred on the CA as a body and not sizeable command enough to stage a coup)
on the individual members. [Pacete vs Secretary (4) Other officers whose appointments are
(1971)] vested in the President in the Constitution:
Chairman and Commissioners of the
c. Temporary Designations Constitutional Commissions (Sec 1 Art
IX-B, Sec 1 (2) Art IX-B, Sec 1(2) Art Ix-
Admin Code of 1987, Book III Sec. 17 D)
The President may designate an officer already in Regular members of the Judicial and
the govt. service or any other competent person to Bar Council (Sec 8 (2) Art VII)
perform the functions of any office in the executive Sectoral representatives (Sec 7 Art
branch, appointment to which is vested in him by XVIII, Sec 18 Art X)
law, when:
The officer regularly appointed to the office is Midnight Appointments
unable to perform his duties by reason of illness,
absence or any other cause; or General Rule: Two months immediately before the
There exists a vacancy; next presidential elections (2nd Monday of March),
In no case shall a temporary designation exceed one and up to the end of his "term" (June 30), a
(1) year. President (or Acting President) shall not make
appointments. [Sec 15, Art VII]
d.Limitations on the appointing power of the
Acting President Exception: Temporary appointments to executive
positions, when continued vacancies will:
(1) Appointments extended by an Acting President (1) prejudice public service (e.g Postmaster);
shall remain effective unless revoked by the or
elected President within ninety days from his (2) endanger public safety (e.g. Chief of Staff).
assumption or reassumption of office. [Sec. 14,
Art VII] The SC ruled that while "midnight appointments"
(note: made by outgoing President near the end of
(2) A President or Acting President shall not make his term) are not illegal, they should be made in the
appointments two months immediately before capacity of a "caretaker" doubly careful and prudent
the next presidential elections and up to the in making the selection, so as not to defeat the
end of his term policies of the incoming administration. The filling
up of vacancies in important posts, if few, and so
Except temporary appointments to executive spaced as to afford some assurance of deliberate
positions when continued vacancies therein will action and careful consideration of the need for the
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

appointment and the appointee‘s qualifications, may

be undoubtedly permitted. But the issuance of 350 Doctrine of Qualified Political Agency
appointments in one night and the planned induction
of almost all of them a few hours before the Qualified political agency doctrine (also alter ego 39
inauguration of the new President may be regarded principle)- ―all the different executive and
as abuse of presidential prerogatives. [Aytona vs administrative organizations are mere adjuncts of
Castillo (1962)] the Executive Department, the heads of the various
executive departments are assistants and agents of
The SC emphasized that the Aytona ruling does not the Chief Executive, and, except in cases wherein
declare all midnight appointments as invalid, and the Chief Executive is required by the Constitution
that the ad interim appointment of the petitioner or by the law to act in person or the exigencies of
chief of police here, whose qualification and the situation demand that he act personally, the
regularity were not disputed, except for the fact multifarious executive and administrative functions
that it was made during the last few days of the old of the Chief Executive are performed by and through
administration, is thus not invalid. [Quimsing vs the executive depts., performed and promulgated in
Tajanglangit (1964)] the regular course of business, are, unless disapproved
or reprobated by the Chief Executive, presumptively
The prohibition against midnight appointments acts of the Chief Executive.‖ [Free Telephone Workers
applies only to the president and does not extend to Union vs. Minister of Labor and Employment (1981)]
local elective officials. Moreover, there is no law
that prohibits local elective officials from making General Supervision over Local government
appointments during the last days of his or her tenure. units and the autonomous regions
[De Rama v. CA (2001)]
(1) The President shall exercise general
NOTE: The Court in the case of De Castro v. JBC, [G. supervision over local governments. [Sec 4,
R. No. 191002, March 17, 2010] ruled that the Art X]
prohibition against midnight appointment applies
(2) The President shall exercise general
only to positions in the executive department. Thus, supervision over autonomous regions to ensure
the appointment of Chief Justice Corona was held that laws are faithfully executed. [Sec 16, Art
valid. This ruling effectively overruled In re: Mateo X]
Valenzuela [A.M. No. 98-5-01-SC, November 9, 1998]
which extended the prohibition for midnight
appointments to the judiciary. Supervision and Control Distinguished
Supervision Control
Power of Removal - Overseeing or the power Power of an officer
or authority of the officer to to alter, modify,
The power of removal may be implied from the see that subordinate officers nullify or set aside
power of appointment. However, the President cannot perform their duties, and if what a subordinate
remove officials appointed by him where the the latter fail or neglect to officer had done
Constitution prescribes certain methods for separation fulfill them, then the former and to substitute
of such officers from public service, e.g. Chairmen and may take such action or steps the judgment of
Commissioners of Constitutional Commissioners who as prescribed by law to make the former for that
can be removed only by impeachment, or judges who them perform these duties. of the latter.
are subject to the disciplinary authority of the
Supreme Court. - This does not include the
power to overrule their acts,
Members of the career civil service of the Civil Service if these acts are within their
who are appointed by the President may be directly discretion.
disciplined by him [Villaluz v. Zaldivar, 15
SCRA 710] d. Military powers

Members of Cabinet and such officers whose Commander in chief powers

continuity in office depends upon the pleasure of the (1) He may call out such armed forces to prevent or
president may be replaced at any time, but legally suppress lawless violence, invasion or rebellion.
speaking, their separation is effected not by removal (2) He may suspend the privilege of the writ of
but by expiration of their term. habeas corpus, or
(3) He may proclaim martial law over the entire
c.Power of Control and Supervision Philippines or any part thereof. [Sec. 18, Art. VII].
Subject to judicial review to determine
whether or not there has been a grave
Control of Executive Departments (Sec 17, Art VII) abuse of discretion amounting to lack or
excess of jurisdiction [Sec 1(2), Art VIII].
Control - is the power of an officer to alter or
modify or nullify or to set aside what a subordinate The President shall be the Commander-in-chief of
has done in the performance of his duties and to all armed forces of the Philippines – Thus, in one
substitute one's own judgment to that of a
subordinate. [Mondano v. Silvosa, ]
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

case, the President prohibited a general from contemplated by Section 23 (2), Article VI. [Sanlakas
attending a hearing at the Senate. However, the v Executive Secretary (2004)]
ability of the President to require a military official
to secure prior consent before appearing before Assailed is PP1017 (Declaration of State of 40
Congress pertains to a wholly different and National Emergency). It is different from the
independent specie of presidential authority—the law in Sanlakas as this proclamation was woven
commander-in-chief powers of the President. By out of the ―calling out‖ and ―take care‖ powers
tradition and jurisprudence, the commander-in-chief of the President joined with the ―temporary
powers of the President are not encumbered by the takeover‖ provision under Art. XII, section 17.
same degree of restriction as that which may attach
to executive privilege or executive control. The PP1017 purports to grant the President, without
commander-in-chief provision in the Constitution is authority or delegation from Congress, to take over
denominated as Section 18, Article VII, which begins or direct the operation of any privately-owned public
with the simple declaration that ―the President shall utility or business affected with public interest.
be the Commander-in-Chief of all armed forces of
the Philippines x x x‖ Outside explicit constitutional The SC held that while the President could validly
limitations, such as those found in Section 5, Article declare the existence of a state of national emergency
XVI, the commander-in-chief clause vests on the even in the absence of a Congressional enactment,
President, as commander-in-chief, absolute the exercise of the emergency powers, such as the
authority over the persons and actions of the members taking over of privately-owned public utility or
of the armed forces. Such authority includes the business affected with public interest, requires a
ability of the President to restrict the travel, delegation from Congress which is the repository of
movement and speech of military officers, activities emergency powers.
which may otherwise be sanctioned under civilian law.
[Gudani v. Senga, G.R. No. 170165, August 15, 2006]. PP1017 did not authorize said temporary take over
Graduated Powers - Sec. 18, Art VII, grants the without authority from Congress. [David v. Arroyo
President, as Commander-in-Chief, a ―sequence‖ of (2006)]
―graduated power[s].‖ From the most to the least
benign, these are: the calling out power, the power a.Suspend the privilege of the writ of
to suspend the privilege of the writ of habeas habeas corpus
corpus, and the power to declare martial law. In the
exercise of the latter two powers, the Constitution "Writ of habeas corpus" is an order from the court
requires the concurrence of two conditions, namely, commanding a detaining officer to inform the court
an actual invasion or rebellion, and that public (1) if he has the person in custody, and
safety requires the exercise of such power. (2) his basis in detaining that person.
However, as we observed in Integrated Bar of the
Philippines v. Zamora, ―[t]hese conditions are not "Privilege of the writ" is that portion of the writ
required in the exercise of the calling out power. requiring the detaining officer to show cause why he
The only criterion is that ‗whenever it becomes should not be tested. Note that it is the privilege
necessary,‘ the President may call the armed forces that is suspended, not the writ itself.
‗to prevent or suppress lawless violence, invasion or
rebellion.‘ [Sanlakas v. Executive Secretary, 2004] Requisites:
(1) There must be an invasion or rebellion, and
Call out the AFP to prevent lawless (2) The public safety requires the suspension.
violence
Duration: Not to exceed 60 days unless extended by
This is merely a police measure meant to quell Congress.
disorder. As such, the Constitution does not regulate
its exercise radically. Effects of the suspension of the privilege:
(1) The suspension of the privilege of the writ
It is not disputed that the President has full applies only to persons "judicially charged"
discretionary power to call out the armed forces and for rebellion or offenses inherent in or
to determine the necessity for the exercise of such directly connected with invasion [Sec. 18(5),
power. While the Court may examine whether the Art. VII].
Such persons suspected of the above
power was exercised within constitutional limits or
crimes can be arrested and detained
in a manner constituting grave abuse of discretion,
without a warrant of arrest.
none of the petitioners here have, by way of proof, The suspension of the privilege does
supported their assertion that the President acted not make the arrest without warrant
without factual basis. The President, in declaring a legal. But the military is, in effect,
state of rebellion and in calling out the armed enabled to make the arrest, anyway
forces, was merely exercising a wedding of her Chief since, with the suspension of the
Executive and Commander-in-Chief powers. These privilege, there is no remedy available
are purely executive powers, vested on the against such unlawful arrest (arbitrary
President by Sections 1 and 18, Article VII, as detention).
opposed to the delegated legislative powers The arrest without warrant is justified
by the emergency situation and the
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

difficulty in applying for a warrant the writ of habeas corpus before the lapse
considering the time and the number of of 60 days from the date of suspension or
persons to be arrested. proclamation.
The crime for which he is arrested must 41
be one related to rebellion or invasion. (2) Upon such proclamation or suspension,
As to other crimes, the suspension of Congress shall convene at once. If it is not
the privilege does not apply. in session, it shall convene in accordance with
its rules without need of a call within
(2) During the suspension of the privilege of the 24 hours following the proclamation or
writ, any person thus arrested or detained suspension.
shall be judicially charged within 3 days, or
otherwise he shall be released. [Sec. (3) Within 48 hours from the proclamation or
18(6),Art. VII] the suspension, the President shall submit a
The effect of the suspension of the report, in person or in writing, to the
privilege, therefore, is only to extend Congress (meeting in joint session of the
the periods during which he can be action he has taken).
detained without a warrant. When the
privilege is suspended, the period is (4) The Congress shall then vote jointly, by an
extended to 72 hours. absolute majority. It has two options:
What happens if he is not judicially
charged nor released after 72 hours? (a) To revoke such proclamation or
The public officer becomes liable under suspension. When it so
Art. 125 for "delay in the delivery of revoked, the President cannot set
detained persons." aside (or veto) the revocation as he
normally would do in the case of
(3) The right to bail shall not be impaired even bills.
when the privilege of the writ of habeas (b) To extend it beyond the 60-day
corpus is suspended. [Sec. 13,Art. III] period of its validity. Congress
can only so extend the proclamation
b. Proclaim Martial Law or suspension upon the initiative of
the President.
Requisites:
(1) There must be an invasion or rebellion, and The period need not be 60 days; it
(2) Public safety requires the proclamation of could be more, as Congress would
martial law all over the Philippines or any determine, based on the persistence of
part thereof. the emergency.

The following cannot be done [Sec. 18 (4), Art. VII] Note: If Congress fails to act before the measure
(1) Suspend the operation of the Constitution. expires, it can no longer extend it until the
(2) Supplant the functioning of the civil courts President again re-declares the measure.
and the legislative assemblies.
(3) Confer jurisdiction upon military courts and Congress cannot "validate" the
agencies over civilians, where civil courts proclamation or suspension, because it
are able to function. is already valid.
"open court" doctrine If Congress extends the measure, but

 holds that civilians cannot be tried before the period of extension lapses
by military courts if the civil courts the requirements for the proclamation
are open and functioning. or suspension no longer exist, Congress
 if the civil courts are not can lift the extension, since the power
functioning, then civilians can be to confer implies the power to take
tried by the military courts. back.
 Martial law usually contemplates a  If Congress does not review or lift the
case where the courts are already order, this can be reviewed by the
closed and the civil institutions Supreme Court pursuant to the next
have already crumbled, that is a section.

"theater of war." If the courts are

still open, the President can just The Role of the Supreme Court [Art. VII, Sec. 18,
suspend the privilege and achieve par. 3]
the same effect. (1) The Supreme Court may review, in an
(4) Automatically suspend the privilege of the appropriate proceeding filed by any citizen, the
writ of habeas corpus. sufficiency of the factual basis of:
The President must suspend the (a) the proclamation of martial law or
privilege expressly. the suspension of the privilege of
the writ, or
The Role of Congress [Art. VII, Sec. 18, pars. 1-2] (b) the extension thereof. It must
(1) Congress may revoke the proclamation of promulgate its decision thereon
martial law or suspension of the privilege of within 30 days from its filing. [Sec
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

18 (3), Art. VII] by court-martial.

(2) The jurisdiction of the SC may be invoked in a The assertion of military authority over
proper case. civilians cannot rest on the President's 42
power as Commander in Chief or on any
(3) Petition for habeas corpus theory of martial law. As long as civil
(a) When a person is arrested without a courts remain open and are regularly
warrant for complicity in the functioning, military tribunals cannot try
rebellion or invasion, he or someone and exercise jurisdiction over civilians for
else in his behalf has the standing to offenses committed by them and which are
question the validity of the properly cognizable by civil courts. To
proclamation or suspension. hold otherwise is a violation of the right
(b) Before the SC can decide on the to due process. [Olaguer vs Military
legality of his detention, it must Commission No. 34 (1987)]
first pass upon the validity of the
proclamation or suspension. (5) Pardoning Power
(4) Test of Arbitrariness: The question is not
a) Nature
whether the President or Congress acted
b) Forms of executive clemency
correctly, but whether he acted arbitrarily in
that the action had no basis in fact. [IBP v.
Executive clemencies
Zamora, (2000)]
(1) Reprieves - a temporary relief from or
amounts to a determination of whether postponement of execution of criminal
or not there was grave abuse of discre- penalty or sentence or a stay of execution.
tion amounting to lack or excess of [Black’s Law Dictionary]. It is the
jurisdiction. [Sec 1(2) Art. VIII] withholding of a sentence for an interval of
The function of the court is to check time, a postponement of execution, a
and not supplant the executive or to temporary suspension of execution. [People
ascertain merely whether he has gone vs. Vera, supra]
beyond the constitutional limits of
jurisdiction. The proper standard is not (2) Commutations - Reduction of sentence.
correctness but arbitrariness.
[Black’s Law Dictionary] . It is a remission
of a part of the punishment; a substitution
There are 4 ways, then, for the proclamation or
of a less penalty for the one originally
suspension to be lifted: (P-C-S-O)
(1) Lifting by the President himself imposed. [People vs. Vera, supra]
(2) Revocation by Congress
(3) Nullification by the Supreme Court (3) Amnesty - a sovereign act of oblivion for
(4) Operation of law after 60 days past acts, granted by government generally to
a class of persons who have been guilty
Cf. RA 7055 (1991) "An Act Strengthening Civilian usually of political offenses and who are
subject to trial but have not yet been con-
Supremacy over the Military by Returning to the Civil
victed, and often conditioned upon their
Courts the Jurisdiction over Certain Offenses
return to obedience and duty within a
involving Members of the Armed Forces of the
prescribed time. (BLACK; Brown v Walker,
Philippines, other Persons Subject to Military Law, and 161 US 602).
the Members of the Philippine National Police,
Repealing for the Purpose Certain Presidential (4) Pardons - Permanent cancellation of
Decrees" sentence. [Black’s Law Dictionary]. It is an
act of grace proceeding from the power
RA 7055 effectively placed upon the civil entrusted with the execution of the laws,
courts the jurisdiction over certain which exempts the individual on whom it is
offenses involving members of the AFP bestowed, from the punishment the law
and other members subject to military inflicts for the crime he has committed. It is
law. a remission of guilt, a forgiveness of the
offense. [People v Vera, supra]
RA 7055 provides that when these
individuals commit crimes or offenses Plenary or partial
penalized under the RPC, other special Plenary - extinguishes all the
penal laws, or local government penalties imposed upon the
ordinances, regardless of whether offender, including accessory
civilians are co-accused, victims, or disabilities
offended parties which may be natural or Partial – does not extinguish all
juridical persons, they shall be tried by penalties imposed
the proper civil court, except when the
offense, as determined before Absolute or conditional
arraignment by the civil court, is service- Conditional - the offender has the
connected in which case it shall be tried right to reject the same since he
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

may feel that the condition contempt or civil contempt.

imposed is more onerous than the (6) Cannot restore public offices forfeited.
penalty sought to be remitted.
Absolute pardon - pardonee has no Pardon implies guilt and does not erase the fact of 43
option at all and must accept it the commission of the crime and the conviction
whether he likes it or not. In this thereof. It does not ipso facto restore a convicted
sense, an absolute pardon is felon to a public office necessarily relinquished or
similar to commutation, w/c is also forfeited by reason of the conviction although such
not subject to acceptance by the pardon undoubtedly restores his eligibility for
offender. appointment to that office. [Monsanto vs Factoran
(1989)]
Pardon Amnesty
Application of Pardoning Powers to Administrative
Infractions of peace of Addressed to Political
the state Offenses Cases
If the President can grant reprieves,
Granted to individuals To classes of persons
commutations and pardons, and remit
Exercised solely by the Requires concurrence of fines and forfeitures in criminal cases,
executive Congress with much more reason can she grant
Private act which must Public act which the executive clemency in administrative
be pleaded and proved courts could take cases, which are clearly less serious
judicial notice than criminal offenses.
Looks forward and Looks backward and puts However, the power of the President to
relieves the pardonee of into oblivion the offense grant executive clemency in
the consequences of the itself. administrative cases refers only to
offense administrative cases in the Executive
branch and not in the Judicial or
Legislative branches of the govt.
(5) Remit fines and forfeitures, after convic- [Llamas v Executive Secretary (1991)]
tion by final judgment
Except: Removal of Administrative Penalties
(a) In cases of impeachment, and Sec. 53, Chapter 7, Subtitle A, Title I, Book V,
(b) As otherwise provided in this Administrative Code of 1987
Constitution Removal of Administrative Penalties or Disabilities -
In meritorious cases and upon recommendation of
No pardon, amnesty, parole or suspension of the (Civil Service) Commission, the President may
sentence for violation of election laws, rules, and commute or remove administrative penalties or
regulations shall be granted by the President without disabilities imposed upon officers or employees in
the favorable recommendation by the Commission disciplinary cases, subject to such terms and
(on Elections.) [Sec 5, Art IX] conditions as he may impose in the interest of the
service
The President shall also have the power to grant
amnesty with the concurrence of a majority of all Who may avail of amnesty? (Case Law) (Asked 5
the Members of the Congress. [Sec 19, Art VII] times in the Bar)
Amnesty Proclamation No. 76 applies even to
Probation - a disposition under which a defendant Hukbalahaps already undergoing sentence upon the
after conviction and sentence is released subject to date of its promulgation. The majority of the Court
conditions imposed by the court and to the supervision believes that by its context and pervading spirit the
of a probation officer. [Sec. 3 (a), PD proclamation extends to all members of the
968.] Hukbalahap. [Tolentino vs Catoy (1948)]

Parole - suspension of the sentence of a convict The SC agreed with the Sandiganbayan that in fact the
granted by a Parole Board after serving the minimum petitioners were expressly disqualified from amnesty.
term of the indeterminate sentence penalty, without The acts for which they were convicted were ordinary
granting a pardon, prescribing the terms upon which crimes without any political com- plexion and
the sentence shall be suspended. [REYES] consisting only of diversion of public funds to private
profit. The amnesty proclamation covered only acts in
Limitations on the Pardoning Power the furtherance of resistance to duly constituted
(1) Cannot be granted on impeachment cases. authorities of the Republic and applies only to
[Sec. 19, Art. VII]. members of the MNLF, or other anti- government
(2) Cannot be granted in cases of violation of groups. [Macaga-an vs People (1987)]
election laws without the favorable
recommendation of the COMELEC. [Sec. 5, (6) Diplomatic Power
Art. IX-C].
(3) Can be granted only after conviction by final Scope of Diplomatic Power: In our system of
judgment [People v. Salle, 250 SCRA 581]. government, the President, being the head of state,
(4) Cannot absolve the convict of civil liability. is regarded as the sole organ and authority in
(5) Cannot be granted to cases of legislative
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

external relations and is the country‘s sole the Senate. From the point of view of
representative with foreign nations. As the chief international law, there is no difference
architect of foreign policy, the President acts as the between treaties and executive agreements
country‘s mouthpiece with respect to international in their binding effect upon states 44
affairs. Hence, the President is vested with the concerned as long as the negotiating
authority: functionaries have remained within their
(1) to deal with foreign states and powers. The distinction between an
governments; executive agreement and a treaty is purely
(2) extend or withhold recognition; a constitutional one and has no
(3) maintain diplomatic relations; international legal significance. [USAFFE
(4) enter into treaties; and Veterans Assn. vs Treasurer (1959)]
(5) transact the business of foreign relations.
[Pimentel v. Executive Secretary, G. R. No. Two Classes of Executive Agreements
158088, July 6, 2005] (1) Agreements made purely as executive acts
affecting external relations and independent
(a) Treaty-making power of or without legislative authorization,
No treaty or international agreement shall be valid which may be termed as presidential
and effective unless concurred in by at least two- agreements; and
thirds of all the members of the Senate. [Sec 21, Art (2) Agreements entered into in pursuance of
VII] acts of Congress, or Congressional-Executive
Agreements.
Treaty - as defined by the Vienna Convention on the
Law of Treaties, is ―an international instrument Although the President may, under the American
concluded between States in written form and constitutional system enter into executive agreements
governed by international law, whether embodied in without previous legislative authority, he may not,
a single instrument or in two or more related by executive agreement, enter into a transaction
instruments, and whatever its particular which is prohibited by statutes enacted prior thereto.
designation.‖ [Bayan v. Executive Secretary, G.R. Under the Constitution, the main function of the
No. 138570, October 10, 2000]. Executive is to enforce laws enacted by Congress. The
former may not interfere in the performance of the
Other terms for a treaty: act, protocol, agreement, legislative powers of the latter, except in the exercise
compromis d’ arbitrage, concordat, convention, of his veto power. He may not defeat legislative
declaration, exchange of notes, pact, statute, enactments that have acquired the status of law, by
charter and modus vivendi. indirectly repealing the same through an executive
agreement providing for the performance of the very
Note: It is the President who RATIFIES a treaty (not act prohibited by said laws. [Gonzales v Hechanova
the Senate), the Senate merely CONCURES. [Bayan (1963)]
v. Executive Secretary]
The issue in this case is the constitutionality of the
Executive Agreements VFA. The SC held that once the Senate performs the
Entered into by the President power to concur with treaties or exercise its
Needs no concurrence. prerogative within the boundaries prescribed by the
International agreements involving political Constitution, the concurrence cannot be viewed as
issues or changes in national policy and an abuse of power, much less a grave abuse of
those involving international agreements of discretion. The President, in ratifying the VFA and
permanent character usually take the form submitting the same for concurrence of the Senate,
of TREATIES. But the international
acted within the confines and limits of the power
agreements involving adjustments in detail
vested in him by the Constitution. The President
carrying out well-established national
merely performed a constitutional task and
policies and traditions and those involving a
exercised a prerogative that chiefly pertains to the
more or less temporary character usually
functions of his office. [Bayan vs Executive Secretary
take the form of EXECUTIVE AGREEMENTS. [
(2000)]
Commissioner of Customs vs. Eastern Sea
Trading (1961)]
The agreement is not a "treaty" as the term is
(b) Deportation of undesirable aliens
used in the Constitution. The agreement
was never submitted to the Senate for The President may deport only according to grounds
concurrence. It must be noted that a treaty enumerated by law since it would be unreasonable and
is not the only form that an international undemocratic to hold that an alien be deported upon
agreement may assume. For the grant of an unstated or undefined ground depending merely on
treaty making power to the Executive and the the use of an unlimited discretion by the President.
Senate does not exhaust the power of the [Qua Chee Gan vs Deportation Board (1963]
government over international rela- tions.
Consequently, executive agreements may be 2 ways of deporting an undesirable alien:
entered into with other states and are (1) by order of the President after due
effective even without the concurrence of investigation, pursuant to section 69 of the
Revised Administrative Code
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

(2) by the Commissioner of Immigration under approval by the Congress

section 37 of the immigration Law [Qua (1) Because the Constitution places the power
Chee Gan v. Deportation Board, supra] to check the President‘s power on the
Monetary Board 45
Scope of the power (2) Congress may provide guidelines and have
The Deportation Board can entertain them enforced through the Monetary Board
deportation based on grounds not specified
in Sec 37 of the Immigration Law. The
Board has jurisdiction to investigate Go Tek Prepare and Submit the Budget
even if he had not been convicted yet.
The President shall submit to Congress within thirty
The President‘s power to deport aliens and to
days from the opening of every regular session, as
investigate them subject to deportation are
the basis of the general appropriations bill, a budget
provided in the Revised Administrative
of expenditures and sources of financing, including
Code.
receipts from existing and proposed revenue
The State has inherent power to deport measures. [Sec 22, Art VII]
undesirable aliens. This power is exercised
by the President. The budget is the plan indicating:
i.expenditures of the government,
There is no legal nor constitutional provision ii.sources of financing, and
defining the power to deport aliens because iii.receipts from revenue-raising measures.
the intention of the law is to grant the
Chief Executive the full discretion to This budget is the upper limit of the appropriations
determine whether an alien‘s residence in bill to be passed by Congress. Through the budget,
the country is so undesirable as to affect therefore, the President reveals the priorities of the
the security, welfare or interest of the government.
state.
Fixing of tariff rates (Sec 28, Art VI)
The Chief Executive is the sole and exclusive
judge of the existence of facts which would The Congress may, by law, authorize the President
warrant the deportation of aliens. [Go Tek to fix:
vs Deportation Board (1977)] within specified limits, and
subject to such limitations and
(7) Powers Relative to Appropriation restrictions as it may impose,
Measures tariff rates
import and export quotas
tonnage and wharfage dues
Contracting and guaranteeing foreign loans
other duties or imposts within the
framework of the national
Requisites for contracting and guaranteeing foreign development program of the
loans: Government.
(1) With the concurrence of the monetary board
[Sec 20, Art VII] Rationale for delegation: highly technical nature of
(2) subject to limitations as may be provided by international commerce, and the need to constantly
law [Sec 21, Art XII] and with relative ease adapt the rates to prevailing
(3) information on foreign loans obtained or
commercial standards.
guaranteed shall be made available to the
public [sec 21, Art XII]

Cf. Republic Act 4860 Veto Power

An Act Authorizing The President Of The Philippines
To Obtain Such Foreign Loans And Credits, Or To General rule: all bills must be approved by the
Incur Such Foreign Indebtedness, As May Be President before they become law
Necessary To Finance Approved Economic
Development Purposes Or Projects, And To Exceptions:
Guarantee, In Behalf Of The Republic Of The (1) the veto of the President is overridden by
Philippines, Foreign Loans Obtained Or Bonds Issued 2/3 vote of all the Members of the House
By Corporations Owned Or Controlled By The where it originated;
Government Of The Philippines For Economic (2) the bill lapsed into law because the inaction
Development Purposes Including Those Incurred For of the President; and
Purposes Of Re-Lending To The Private Sector, (3) the bill passed is the special law to elect
Appropriating The Necessary Funds Therefore, And For the President and Vice-President.
Other Purposes
This gives the President an actual hand in
Approved, September 8, 1966.
legislation. However, his course of action is only to
approve it or veto it as a whole. (See Legislative
Role of Congress: The President does not need prior
Power of Congress)
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

Congress held its regular session. The

It is true that the Constitution provides a mechanism fact that Congress could now meet
for overriding a veto (Art. VI, Sec. 27 [1]). Said meant that there was no emergency
remedy, however, is available only when the anymore that would justify the delega- 46
presidential veto is based on policy or political tion. The assertion that new legislation
considerations but not when the veto is claimed to is needed to repeal CA671 is not in
be ultra vires. In the latter case, it becomes the harmony with the Constitution. If a new
duty of the Court to draw the dividing line where the law were necessary to terminate it,
exercise of executive power ends and the bounds of then it would be unlimited and indefinite.
legislative jurisdiction begin. [PHILCONSA v Enriquez This would create an

(1994)] anomaly since what was intended to meet

a temporary emergency becomes a
(8) Residual Powers permanent law. [Araneta v Dinglasan
(1949)]
Emergency powers
 The specific power to continue in force
The Congress may by law authorize the President to laws and appropriations which would
exercise powers necessary and proper to carry out a lapse or otherwise become inoperative
declared national policy. is a limitation on the general power to
exercise such other powers as the
Different from the Commander-in-Chief clause: executive may deem necessary to
When the President acts under the enable the government to fulfill its
Commander-in-Chief clause, he acts under a responsibilities and to maintain and
constitutional grant of military power, enforce its authority. [Rodriguez v Gella

which may include the law-making power. (1953)]

When the President acts under the emergency
power, he acts under a Congressional Inconsistency between the Constitution and the
delegation of law-making power. cases: (BARLONGAY)
 The Constitution [Art. VI, Sec. 23 (2)]
Meaning of ―power necessary and proper‖ - Power states that the emergency powers shall
to issue rules and regulations cease upon the next adjournment of
This power is: Congress unless sooner withdrawn by
(1) for a limited period, and resolution of Congress
(2) subject to such restrictions as Congress may  Cases tell us that the emergency powers
provide. shall cease upon resumption of session.
 Reconciling the two: it would not be

The power ceases: enough for Congress to just resume

(1) upon being withdrawn by resolution of the session in order that the emergency
Congress, or, if Congress fails to adopt such powers shall cease. It has to pass a
resolution, resolution withdrawing such emergency
(2) upon the next (voluntary) adjournment of powers, otherwise such powers shall
Congress. For the fact that Congress is able cease upon the next adjournment of
to meet in session uninterruptedly and Congress.
adjourn of its own will proves that the
emergency no longer exists is to justify the Emergency Power
delegation. In times of war or other national emergency, the
Congress, may, by law, authorize the President, for
This rule or the termination of the grant a limited period, and subject to such restrictions as
of emergency powers is based on it may prescribe, to exercise powers necessary and
decided cases, which in turn became proper to carry out a declared national policy.
Art. VII, Sec. 15 of the 1973 Unless sooner withdrawn by resolution of the
Constitution. Congress, such powers shall cease upon the next
adjournment thereof. (Sec 23, Art VI see discussion
The Congress granted the President above)
certain emergency powers. (CA671)
After the war, Congress held a special Please refer to preceding subsection 2.a. EXECUTIVE
session. The SC held that the AND ADMINISTRATIVE POWERS IN GENERAL
emergency power lasted only until
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

RULES ON SUCCESSION
47
President

Death or permanent disability Vice-President-elect shall

of the President-elect become President
President-elect fails to qualify Vice-President-elect shal act as
President until the President-
elect shall have qualifiedl
President shall not have been Vice-President-elect shall act as
chosen President until a President shall
Vacancy have been chosen and
at the qualified.
Beginning No President and Vice-President President of the Senate or In the event of inability of the
of the chosen nor shall have qualified, incase of his inability, officials mentioned, Congress
term or both shall have died or Speaker of the House of shall, by law, provide for the
become permanently disabled Representatives, shall act as manner in which one who is to
President until a President or a act as President shall be
Vice-President shall have been selected until a President or
chosen and qualified. Vice-President shall have
qualified.
Death, permanent disability, Vice-President-elect shall
removal from office, or become President
resignation of the President
Death, permanent disability, Senate President or, in case of
removal from office, or his inability, the Speaker of the
resignation of President and House of Representatives, shall
Vacancy Vice-President act as President until a
during Presidnet or Vice-President
the term shall be elected and qualified.
Congress, by law, shall provide
for the manner in which one is
to act as President in the event
of inability of the officials
mentioned above.
When President transmits to Such powers and duties shall be
the Senate President and the discharged by the Vice-
Speaker of the House his President as Acting President,
written declaration that he is until the President transmits to
unable to discharge the powers them a written declaration to
and duties of his office the contrary
When a Majority of all the the Vice-President shall
members of the Cabinet immediately assume the powers
transmit to the Senate Presdent and duties of the office as
and the Speaker their writted Acting President until the
declaration that the President President transmits to the
is unable to discharge the Senate President and Speaker
powers and duties of his office his written declaration that no
Temporary inability exists.
disability If after the President transmits Congress determines by a 2/3 Congress shall convene, if not
his declaration of his ability to vote of both houses, voting in session, within 48 hours. And
discharge his office, and a separately, that the President if within 10 days from receipt
majority of members of the is unable to discharge the of the last written declaration
Cabinet transmit within 5 days powers and dutes of his office, or, if not in session, within 12
to the Senate President and the Vice-President shall act as days after it is required to
Speaker their written President; otherwise, the assemble.
declaration that the President President shall continue
is unable to discharge the exercising the powers and
powers and duties of his office, duties of his office
Congress shall decide the issue.
 JUDICIAL POWER JUDICIAL
REVIEW
enforceable, and conformity with
Constitutional duty of Congress in case of vacancy to determine the Constitution
in the offices of President and Vice-President whether or not [Angara v.
there has been a Electoral
At 10 o‘clock in the morning of the 3rd day after the grave abuse of Commission
vacancy occurs, Congress shall convene without need discretion (1936)]
of a call, and within 7 days enact a law calling for a amounting to lack
special election to elect a President and a Vice- or excess of
President to be held not earlier than 45 nor more jurisdiction on the
than 60 days from the time of such call. The bill part of any branch
shall be deemed certified and shall become law upon or instrumentality
its approval on third reading by Congress. xxx the of the Government
Convening of Congress cannot be suspended nor the [Art. VIII, Sec. 1,
special election postponed. xxx No special election Par. 2]
shall be called if the vacancy occurs within 18 Requisites Jurisdiction – 1.Appropriate
months before the date of the next presidential for power to decide case: actual
election. exercise and hear a case case or
and execute a controversy
Vice-President decision thereof 2.Standing:
Sec. 9 Art. VII The President shall nominate a Vice- personal and
President from among the members of the Senate substantial
and the House of Representatives who shall assume interest
office upon confirmation by a majority vote of all 3.Question raised
the members of both houses of Congress voting
at the earliest
separately.
opportunity
4.Lis mota of the
D. Judicial Department case
When the judiciary mediates to allocate
I. Concepts
constitutional boundaries, it does not assert any
II. Judicial Indepdence Safeguards
superiority over the other departments; it does not
III. Judicial Restraint
IV. Appointments to the Judiciary in reality nullify or invalidate an act of the legislature,
V. Supreme Court but only asserts the solemn and sacred obligation
assigned to it by the Constitution to determine
conflicting claims of authority under the Constitution
I. Concepts and to establish for the parties in an actual
controversy the rights which that instrument secures
a. Judicial Power (Section 1, Article VIII) and guarantees to them. This is in truth all that is
involved in what is termed "judicial upremacy"
Judicial power includes the duty of the courts of which properly is the power of judicial review under
justice to: the Constitution. (Angara v. Electoral Commission,
(a) settle actual controversies involving rights which 1936)
are legally demandable and enforceable, and
(b) to determine whether or not there has been a Functions of Judicial Review
grave abuse of discretion amounting to lack or i. Checking
excess of jurisdiction on the part of any branch ii. Legitimating
or instrumentality of the Government. iii. Symbolic

Essential Requisites for Judicial Review

The second clause effectively limits the doctrine of
―political question‖.
a. Actual case or controversy
Vested in: Supreme Court and in such lower courts
This means that there must be a genuine conflict of
as may be established by law.
legal rights and interests which can be resolved
through judicial determination. (John Hay vs. Lim,
b. Judicial Review
2003)
JUDICIAL POWER JUDICIAL
REVIEW This precludes the courts from entertaining the
Where Supreme Court Supreme Court following:
vested Lower courts Lower courts
Definition Duty to settle Power of the i. Request for an advisory opinion [Guingona vs.
actual courts to test the CA, (1998)]
controversies validity of
involving rights executive and ii. Cases that are or have become moot and
which are legally legislative acts in academic, UNLESS ---
demandable and light of their a. there is a grave violation of the Constitution;
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

b.the exceptional character of the situation and unconstitutional laws cannot be the basis of any
the paramount public interest is involved; legal right or duty, it is not sufficiently realistic in
c. when constitutional issue raised requires admitting that prior to the declaration of nullity,
formulation of controlling principles to such challenged act must have been in force and had 49
guide the bench, the bar, and the public; to be complied with. Refusing to recognize what had
d.fourth, the case is capable of repetition yet transpired prior to such adjudication will deprive the
evading review.[capable of repetition yet law of its quality of fairness and justice.
evading review [Alunan III v. Mirasol,
(1997); Sanlakas v. Executive Secretary, The actual existence of a stature, prior to such a
(2004)]; or determination of unconstitutionality, is an operative
e.when the court feels called upon to exercise fact and may have consequences which cannot be
its symbolic function and provide future justly ignored. [De Agbayani v. PNB (1971)]
guidance [Salonga v. Paño, (1985)]
Effect of a Declaration of Unconstitutionality
b. Standing: NOT the same as “real party in interest” a. Orthodox view
An unconstitutional act is not a law; it confers no
A proper party is one who has sustained or is in rights; it imposes no duties; it affords no protection;
imminent danger of sustaining a direct injury as a it creates no office; it is inoperative, as if it had not
result of the act complained of (IBP v. Zamora, been passed at all.
2000). The alleged injury must also be capable of
being redressed by a favorable judgment [Tolentino v. b. Modern view
Comelec, 2004]. Pelaez v. Auditor General, (1965)
Certain legal effects of the statute prior to
i. Requires partial consideration of the merits of its declaration of unconstitutionality may
the case in view of its constitutional and public be recognized. [NACHURA]
policy underpinnings [Kilosbayan vs Morato,
(1995)] (2) Moot Questions
ii. May be brushed aside by the court as a mere One requirement for the exercise of judicial power is
procedural technicality in view of the ripeness of the controversy.
transcendental importance of the issues
This means it must be raised not too early that
involved [Kilosbayan vs Guingona, 1994]; [Tatad
it is conjectural or anticipatory, nor too late
vs DOE, (1995)}.
that it becomes moot. HOWEVER, there are
iii. Who are proper parties?
exceptions to the mootness doctrine: When the
Taxpayers, when public funds are involved
issue is capable of repetition yet evading
(Tolentino vs Comelec, 2004) review.
Government of the Philippines, when
questioning the validity of its own laws (3) Political Question Doctrine
(People vs Vera, 1937)
Legislators, when the powers of Congress are
The term ―political question‖ refers to: (1)
being impaired (Philconsa vs Enriquez,
matters to be exercised by the people in their
1994).
primary political capacity; or (2) those
Citizens, when the enforcement of a public
specifically delegated to some other
right is involved Tañada vs Tuvera, (1985).
department or particular office of the
government, with discretionary power to act.
c. Constitutional question must be raised at the
It is concerned with issues dependent upon the
earliest possible opportunity, except:
i. in criminal cases, at the discretion of the court wisdom, not legality, of a particular measure.
ii. in civil cases, if necessary for the determination [Tañada v. Cuenco, (1957)]
of the case itself In recent years, the Court has set aside this
iii. when the jurisdiction of the court is involved doctrine and assumed jurisdiction whenever it
found constitutionally-imposed limits on the
d. Decision on the constitutional question must be exercise of powers conferred upon the
determinative of the case itself. Legislative and Executive branches [BERNAS].
The reason for this is the doctrine of separation of
powers which requires that due respect be given to POLITICAL QUESTION JUSTICIABLE
the co-equal branches, and because of the grave CONTROVERSY
consequences of a declaration of unconstitutionality. Alejandrino v. Quezon, Avelino v. Cuenco,
(De la Llana v. Alba, 1982) (1924): The legislature‘s (1949): election of
exercise of disciplinary Senate President was
(1) Operative Fact Doctrine power over its member done without the
is not to be interfered required quorum
Even if a law was stricken off as unconstitutional, with by the Court.
courts shall still give recognition to its operative Vera v. Avelino, (1946): Tañada v. Cuenco,
effects that inhered when it still took effect. inherent right of the (1957): The selection of
legislature to determine the members of the
Although the orthodox view holds that who shall be admitted to Senate Electoral Tribunal
its membership is subject to
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

POLITICAL QUESTION JUSTICIABLE (2) The members of the judiciary are not subject
CONTROVERSY to confirmation by the CA.
constitutional
limitations. (3) The members of the SC may not be removed 50
Mabanag v. Lopez-Vito, Cunanan v. Tan, Jr., except by impeachment. (Art. IX, Sec. 2.)
(1947): Proposal to (1962): The Commission
amend the Constitution on Appointments is a (4) The SC may not be deprived of its minimum
is a highly political constitutional creation original and appellate jurisdiction as
function performed by and does not derive its prescribed in Art. X, Sec. 5 of the Consti.
Congress in its sovereign power from Congress. (Art. VIII, Sec. 2.)
capacity.
(5) The appellate jurisdiction of the SC may not
Osmeña v. Pendatun, Gonzales v. Comelec, be increased by law w/o its advice and
(1960): disciplinary (1967); Tolentino v. concurrence. (Art. VI, Sec. 30.)
power of the legislature Comelec, (1971):
abandoned Mabanag v.
(6) The SC now has administrative supervision
Lopez-Vito
over all lower courts and their personnel.
Severino v. Governor- Lansang v. Garcia, (Art. VIII, Sec. 6.)
General, (1910): (1971): Suspension of the
Mandamus and privilege of the writ of (7) The SC has exclusive power to discipline
injunction could not lie habeas corpus is not a judges of lower courts. (Art. VIII, Sec. 11.)
to enforce or restrain a political question.
duty which is (8) The members of the SC and all lower courts
discretionary (calling a have security of tenure, w/c cannot be
special local election). undermined by a law reorganizing the
Montenegro v. Javellana v. Executive judiciary. (Id.)
Castañeda, (1952): Secretary, (1973): WON
Authority to decide the 1973 Constitution (9) They shall not be designated to any agency
whether the exigency had been ratified in performing quasi-judicial or administrative
has arisen requiring the accordance with the functions. (Art. VIII, Sec. 12.)
suspension of the 1935 Constitution is
privilege of the writ of justiciable. (10) The salaries of judges may not be reduced
habeas corpus belongs to during their continuance in office. (Art. VIII,
the President. Sec. 10.)
Manalang v. Quitoriano,
(1954): President‘s (11) The judiciary shall enjoy fiscal autonomy.
appointing power is not (Art. VIII, Sec. 3.)
to be interfered with by
the Court. Fiscal autonomy means freedom from
Javellana v. Executive outside control. As the Court explained
Secretary, (1973): The in Bengzon v. Drilon: As envisioned in the
people may be deemed Constitution, the fiscal autonomy
to have cast their enjoyed by the Judiciary, the Civil
favorable votes in the Service Commission and the
belief that in doing so Commission on Audit, the Commission
they did the part on Elections, and the Office of the
required of them by Ombudsman contemplates a guarantee
Article XV, hence, it may of full flexibility to allocate and utilize
be said that in its their resources with the wisdom and
political aspect, which is dispatch that their needs require. It
what counts most, after recognizes the power and authority to
all, said Article has been levy, assess and collect fees, fix rates
substantially complied of compensation not exceeding the
with, and, in effect, the highest rates authorized by law for
1973 Constitution has compensation and pay plans of the
been constitutionally government and allocate and disburse
ratified. such sums as may be provided by law or
prescribed by them in the course of the
discharge of their functions. (In re:
II. Constitutional Safeguards of the Clarifying and Strengthening the
Supreme Court Organizational Structure and Set-up of
the Philippine Judicial Academy, A.M.
(1) The SC is a constitutional body. It cannot be No. 01-1-04-SC).
abolished nor may its membership or the
manner of its meetings be changed by mere (12) The SC alone may initiate rules of court. [Art.
legislation. [Art. VIII, Sec. 4 (1)] VIII, Sec. 5 (5).]
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

(13) Only the SC may order the temporary detail of or its officers, to compel the performance
judges. [Art. VIII, Sec. 5 (3)] of duties purely legislative in their
character which therefore pertain to their
(14) The SC can appoint all officials and employees legislative functions over which they have 51
of the judiciary. [Art. VIII, Sec. 5 (6)] exclusive control.

III. Judicial Restraint Baker v. Carr: Guidelines for determining

whether a question is political or not:
o There is a textually demonstrable
The judiciary will not interfere with its co-equal
constitutional commitment of the issue
branches in cases of:
to a political department;
i. When there is no showing of a grave abuse of
o Lack of judicially discoverable and
discretion
manageable standards for resolving it;
(1) issue is a political question
o The impossibility of deciding without an
initial policy determination of a kind
ii. There is no showing of grave abuse of
clearly for non-judicial discretion;
discretion
o Impossibility of a court‘s undertaking
(1) PPA v. Court of Appeals: If there is no
independent resolution without
showing of grave abuse of discretion on the part
of a branch or instrumentality of the expressing lack of the respect due
government, the court will decline exercising its coordinate branches of government;
power of judicial review. o An unusual need for unquestioning
adherence to a political decision
Courts will not rule on the WISDOM of the decision already made;
of a separate branch or department. Courts will o Potentiality of embarrassment from
only judge whether or not there has been grave multifarious pronouncements by various
abuse of discretion amounting to lack or excess departments on one question
of jurisdiction.
IV. Appointments to the Judiciary
(2) Chavez v. COMELEC: Judicial review shall
involve only those resulting to grave abuse of Synthesis of Constituional and Statutory
discretion by virtue of an agency‘s quasi-judicial Qualifications
powers, and not those arising from its SC and RTC MTC/
administrative functions. CA JUDGE MCTC
JUSTICE JUDGE
iii. The issue is a political question. Citizenship Natural-
Even when all requisites for justiciability has born Filipino
been met, judicial review will not be exercised Filipino
when the issue involves a political question. Age At least At least At least
40 years 35 years 30 years
Mabanag v. Lopez Vito: Proposals for revision or old old old
amendment of the Constitution duly certified
Experience 15 years Has been engaged
by the legislative authority shall be binding
or more for at least 5 years in
and conclusive upon the courts under the
as a the practice of law*
―enrolled bill rule.‖
judge or in the Philippines or
o The validity of a proposal which leads
a lower has held public
to ratification of an amendment to the
court or office in the
Constitution is a political question.
has been Philippines requiring
o A duly authenticated copy of a admission to the
Congressional Resolution proposing an engaged
in the practice of law as an
amendment to the Constitution is indispensable
conclusive upon the Courts under the practice
requisite
Enrolled Bill Rule. of law in
o An enrolled bill is a bill duly certified the Phils.
by the President of the Senate and the for the
Speaker of the House as having been same
passed in accordance with the rules period
stated in the Constitution. Tenure Hold office during good behavior
until they reach the age of 70 or
Reversed in Gonzales vs. COMELEC: Whether become incapacitated to
Congress or a Constitutional convention has discharge their duties
properly proposed amendments to the Characteristics Person of proven competence,
Constitution is a justiciable and not a integrity, probity and
political question. independence

Alejandrino v. Quezon: Mandamus will not lie *“Practice of law” is not confined to litigation. It
against the legislative body, its members, means any activity in and out of court, which
requires the application of law, legal procedure,
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

knowledge, training and experience. [Cayetano v. But the term of those initially appointed shall
Monsod, (1991)] be staggered in the following way so as to
create continuity in the council:
Subtopic 1. Constitutional Requirements 52
(cannot be reduced by law) IBP representative - 4 years
Law professor - 3 years
Supreme Court Justice: Retired justice - 2 years
(1) Natural born citizens Private sector - 1 year
(2) At least 40 years of age
(3) Enagaged in the practice of law or a judge Primary function: Recommend appointees to the
of of 15 years or more judiciary, May exercise such other functions and
(4) Must be of proven competence, integrity, duties as the SC may assign to it. [Art. VIII, Sec. 8(5)]
probity and independence.
Subtopic 3. Procedure of Appointment
Lower Collegiate Courts
(1) Natural born citizens (1) The JBC shall submit a list of three nominees
(2) Member of the Philippine Bar for every vacancy to the President. [Art. VIII,
(3) Must be of proven competence, integrity, Sec. 9]
probity and independence (2) Any vacancy in the Supreme Court shall be
(4) Such additional requirements provided by filed within ninety (90) days from the
law. occurrence thereof. [Art. VIII, Sec. 4(1)]
(3) For lower courts, the President shall issue the
Lower Courts appointment within ninety (90) days from the
(1) Natural born citizens submission by the JBC of such list. [Art. VIII,
(2) Member of the Philippine Bar Sec. 9].
(3) Must be of proven competence, integrity, Relate this to the constitutional
probity and independence. prohibition against midnight
(4) Such additional requirements provided by appointments. The Court in the case of
law. De Castro v. JBC, [G. R. No. 191002,
March 17, 2010] ruled that the
Note: In the case of judges of the lower courts, the prohibition against midnight
Congress may prescribe other qualifications. (Art appointment applies only to positions in
VIII, Sec. 7(3). the executive department. Thus, the
appointment of Chief Justice Corona
Subtopic 2. Judicial and Bar Council was held valid. This ruling effectively
overruled In re: Mateo Valenzuela [A.M.
Composition: No. 98-5-01-SC, November 9, 1998]
Ex-officio members [Art. VIII, Sec. 8(1)] which extended the prohibition for
midnight appointments to the
(1) Chief Justice as ex-officio Chairman judiciary.
(2) Secretary of Justice
(3) Representative of Congress Subtopic 4. Disqualification from Other
Positions or Offices
Regular members [Art. VIII, Sec. 8(1)] Art. VIII, Sec. 12. The Members of the Supreme
Court and of other courts established by law shall
(4) Representative of the Integrated Bar not be designated to any agency performing quasi-
(5) Professor of Law judicial or administrative functions.
(6) Retired member of the SC
(7) Representative of private sector It was held that the SC and its members should
not and cannot be required to exercise any
Secretary ex-officio [Art. VIII, Sec. 8(3)]- Clerk power or to perform any trust or to assume any
of the SC, who shall keep a record of its proceedings duty not pertaining to or connected w/ the
administering of judicial functions. [Meralco vs
Appointment, Tenure, Salary of JBC Members Pasay Transportation Co., (1932)]

(1) Ex-officio members - For obvious reasons this A judge in the CFI shall not be detailed with the
does not apply since the position in the Department of Justice to perform administrative
Council is good only while the person is the functions as this contravenes the doctrine of
occupant of the office. separation of powers. [Garcia vs Macaraig,
(1972)]
(2) Regular members [Art. VIII, Sec. 8(2)] - The
regular members shall be appointed by the Subtopic 5. Composition of the Supreme
President with the consent of the Commission
on Appointments. The term of the regular
Court
members is 4 years.
(1) Chief Justice and 14 Associate Justices
(2) May sit en banc or in divisions of three, five,
CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

knowledge, training and experience. [Cayetano v. But the term of those initially appointed shall

or seven Members
(3) Vacancy shall be filled within 90 days from the occurrence thereof

En Banc and Division Cases

En banc - decided with the concurrence of a majority of the Members who actually took part in the
deliberations and voted.

Instances when the SC sits en banc: (C-DD-MM-PO)

(1) Those involving the constitutionality, application, or operation of: (TOIL-PIPOO)
Treaty
Orders
International or executive agreement
Law
Presidential decrees
Instructions
Proclamations
Ordinances
Other regulations

(2) Exercise of the power to discipline judges of lower courts, or order their dismissal [Art. VIII, Sec. 11]

(3) Cases or matters heard by a division where the required number of votes to decide or resolve (the majority of
those who took part in the deliberations on the issues in the case and voted thereon and in no case less than 3
members) is not met [Art. VIII, Sec. 4(3)]

(4) Modifying or reversing a doctrine or principle of law laid down by the court in a decision rendered en
banc or in division [Art. VIII, Sec.
4(3)]

(5) Actions instituted by citizen to test the validity of a proclamation of martial law or suspension of the
privilege of the writ [Art. VII, Sec. 18]

(6) When sitting as Presidential Electoral Tribunal

[Art. VII, Sec. 4, par. 7]

(7) All other cases which under the Rules of Court are required to be heard by the SC en banc. [Id., Sec.
4(2)]

In divisions
Requirement and Procedures:
(1) With the concurrence of a majority of the Members who actually took part in the deliberations and voted
(2) In no case without the concurrence of at least three of such Members
(3) When required number is not obtained, the case shall be decided en banc:

Provided: that no doctrine or principle of law laid down by the court in a decision rendered en banc
or in division may be modified or reversed except by the court sitting en banc

The Supreme Court sitting en banc is not an

CONSTITUTIONAL LAW 1 POLITICAL LAW REVIEWER

knowledge, training and experience. [Cayetano v. But the term of those initially appointed shall

appellate court vis-à-vis its Divisions. The only constraint is that any doctrine or principle of law
53
laid down by the Court, either rendered en banc or in division, may be overturned or reversed
only by the Court sitting en banc.[ Firestone Ceramics v. CA, (2000)]

Subtopic 6. Procedural Rule Making

Art. VIII, Sec. 5. The Supreme Court shall have the following powers:
xxx
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar,
and legal
assistance to the under-privileged.

The 1987 Constitution took away the power of Congress to repeal, alter, or supplement rules
concerning pleading, practice and procedure. In fine, the power to promulgate rules of pleading,
practice and procedure is no longer shared by this Court with Congress, more so with the
Executive. [Echegaray vs Secretary of Justice, (1999)]

Limitations:
a. Shall provide a simplified and inexpensive procedure for speedy disposition of cases
b. Uniform for all courts in the same grade
c. Shall not diminish, increase or modify substantive rights

Subtopic 7. Administrative Supervision Over

Lower Courts

Administrative Powers of the Supreme Court

(1) Assign temporarily judges of lower courts to other stations as public interest may require;
shall not exceed 6 months without the consent of the judge concerned
(2) Order a change of venue or place of trial to avoid a miscarriage of justice;
(3) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law;
(4) Supervision over all courts and the personnel thereof;
(5) Discipline judges of lower courts, or order their dismissal by a vote of a majority of the
Members who actually took part in the deliberations on the issues in the case
and
voted [en banc].

Grounds Removal from Office on Impeachment of

Members of the SC (Art. XI, Sec. 2)
i. Culpable violation of the Constitution ii. Treason
iii. Bribery
iv. Graft and corruption v. Other high crimes
vi. Betrayal of public trust