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ARTICLE VI accomplish. The requirement is satisfied if all the

LEGISLATIVE DEPARTMENT parts of the statute are related, and are
germane to the subject matter expressed in the
SECTION 26. title, or as long as they are not inconsistent
(1) Every bill passed by the Congress shall embrace only with or foreign to the general subject and
one subject which shall be expressed in the title thereof. title. 2
● An act having a single general subject, indicated
a. What is the purpose of Sec. 26 (1)?
in the title, may contain any number of
De Guzman v. COMELEC (G.R. No. 129118) provisions, no matter how diverse they may be,
The objectives of Section 26(1), Article VI of the 1987 so long as they are not inconsistent with or
Constitution, that "[e]very bill passed by the Congress foreign to the general subject, and may be
shall embrace only one subject which shall be expressed considered in furtherance of such subject by
in the title thereof", are: providing for the method and means of carrying
out the general object." 3
1. To prevent hodge-podge or log-rolling legislation; ● The rule also is that the constitutional
2. To prevent surprise or fraud upon the legislature by requirement as to the title of a bill should not be
means of provisions in bills of which the titles gave no so narrowly construed as to cripple or impede
information, and which might therefore be overlooked the power of legislation. 4 It should be given
and carelessly and unintentionally adopted; and practical rather than technical construction.
3. To fairly apprise the people, through such publication
of legislative proceedings as is usually made, of the The constitutional provision prohibits the passage
subjects of legislation that are being considered, in order of two classes of bills:
that they may have opportunity of being heard thereon 1. A bill containing riders (Section 25.2) Read free for 60
by petition or otherwise if they shall so desire.7 days
2. A bill which embodies different subjects.
Section 26(1) of Article VI of the 1987 Constitution is
sufficiently complied with where, as in this case, the title Exceptions to the requirement:
is comprehensive enough to embrace the general 1. Local ordinances as they do not partake of the nature
objective it seeks to achieve, and if all the parts of the of laws.
statute are related and germane to the subject matter 2. Proper codifications and revisions of statutes.
embodied in the title or so long as the same are not
inconsistent with or foreign to the general subject and (2) No bill passed by either House shall become a law
title.8 Section 44 of RA 8189 is not isolated considering unless it has passed three readings on separate days, and
that it is related and germane to the subject matter printed copies thereof in its final form have been
stated in the title of the law. The title of RA 8189 is "The distributed to its Members three days before its passage,
Voter’s Registration Act of 1996" with a subject matter except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or
enunciated in the explanatory note as "AN ACT
emergency. Upon the last reading of a bill, no amendment
PROVIDING FOR A GENERAL REGISTRATION OF
thereto shall be allowed, and the vote thereon shall be
VOTERS, ADOPTING A SYSTEM OF CONTINUING taken immediately thereafter, and the yeas and nays
REGISTRATION, PRESCRIBING THE PROCEDURES entered in the Journal.
THEREOF AND AUTHORIZING THE APPROPRIATION
OF FUNDS THEREFOR." Section 44, which provides for Purpose of three readings of bill:
the reassignment of election officers, is relevant to the 1. To prevent hasty and improvident legislation and the
subject matter of registration as it seeks to ensure the railroading of bills.
integrity of the registration process by providing a 2. To compel the careful examination of proposed law.
guideline for the COMELEC to follow in the
reassignment of election officers. It is not an alien Purpose of yeas and nays in the journal:
provision but one which is related to the conduct and 1. To fix upon each member the responsibility for his
procedure of continuing registration of voters. In this action in legislation.
regard, it bears stressing that the Constitution does not 2. To furnish conclusive evidence whether the bill has
require Congress to employ in the title of an enactment, been passed by the requisite majority or not.
language of such precision as to mirror, fully index or
catalog, all the contents and the minute details therein.

b. What is hedge-podge or log-rolling legislation?

Refers to any legislation that has several subjects on
unrelated matters combined together.

● It is not necessary that the title express each

and every end that the statute wishes to

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JMJV FINALS

3. The Committee approves the Committee Report

and formally transmits the same to the Plenary
Affairs Bureau.

4. SECOND READING
A. The Committee Report is registered and
numbered by the Bills and Index Service. It is
included in the Order of Business and referred to
the Committee on Rules.
B. The Committee on Rules schedules the bill for
consideration on Second Reading.
C. On Second Reading, the Secretary General
reads the number, title and text of the bill and
the following takes place:
a. Period of Sponsorship and Debate
Definition of terms: b. Period of Amendments
BILL is a draft of a law submitted to the consideration of c. Voting which may be by:
a legislative body for its adoption. i. viva voce
ii. count by tellers
iii. division of the House; or
Statute is the written will of legislature as an organized
iv. nominal voting
body expressed according to the form necessary to
constitute it into law; act. - It is now the draft of the Bill.

How are statutes identified: 5. THIRD READING

1. Serial numbers (Republic Act No. 386) 1. The amendments, if any, are engrossed and
printed copies of the bill are reproduced for Third
2. Special titles (Civil Code of the Philippines)
Reading.
3. Enactments by the Batasang Pambansa (Batasang 2. The engrossed bill is included in the Calendar of
Pambansa BIg. 25) Bills for Third Reading and copies of the same
are distributed to all the Members three days
LEGISLATIVE PROCESS - How A Bill Becomes A before its Third Reading.
Law 3. On Third Reading, the Secretary General
reads only the number and title of the bill.
1. PREPARATION OF THE BILL 4. A roll call or nominal voting is called and a
The Member or the Bill Drafting Division of the Member, if he desires, is given three minutes to
Reference and Research Bureau prepares and drafts explain his vote. No amendment on the bill is
the bill upon the Member's request. allowed at this stage.
a. The bill is approved by an affirmative
2. FIRST READING vote of a majority of the Members
1. The bill is filed with the Bills and Index Service present.
and the same is numbered and reproduced. b. If the bill is disapproved, the same is
2. Three days after its filing, the same is included transmitted to the Archives.
in the Order of Business for First Reading.
3. On First Reading, the Secretary General 6. TRANSMITTAL OF THE APPROVED BILL TO THE
reads the title and number of the bill. The SENATE
Speaker refers the bill to the appropriate The approved bill is transmitted to the Senate for its
Committee/s. concurrence.

3. COMMITTEE CONSIDERATION/ACTION 7. SENATE ACTION ON APPROVED BILL OF THE

1. The Committee where the bill was referred to HOUSE
evaluates it to determine the necessity of The bill undergoes the same legislative process in the
conducting public hearings. Senate.
If the Committee finds it necessary to conduct
public hearings, it schedules the time thereof, 8. CONFERENCE COMMITTEE (Bicameral)
issues public notice and invites resource 1. A Conference Committee is constituted and is
persons from the public and private sectors, the composed of Members from each House of
academe and experts on the proposed Congress to settle, reconcile or thresh out
legislation. differences or disagreements on any
If the Committee finds that no public hearing is provision of the bill.
not needed, it schedules the bill for Committee 2. The conferees are not limited to reconciling the
discussion/s. differences in the bill but may introduce new
2. Based on the result of the public hearings or provisions germane to the subject matter or
Committee discussions, the Committee may may report out an entirely new bill on the
introduce amendments, consolidate bills on the subject.
same subject matter, or propose a substitute bill. 3. The Conference Committee prepares a report to
It then prepares the corresponding committee be signed by all the conferees and the
report. Discuss, kill or improve the Bill. Chairman.

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JMJV FINALS

4. The Conference Committee Report is Pocket veto, the killing of legislation by a chief
submitted for consideration/approval of both executive through a failure to act within a specified
Houses. No amendment is allowed. period following the adjournment of the legislature. In the
United States, if the president does not sign a bill within
- It is now an Enrolled Bill.
10 days of its passage by Congress, it automatically
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT becomes law. However, if Congress adjourns within the
Copies of the bill, signed by the Senate President and 10-day period and the president does not sign the bill, it
the Speaker of the House of Representatives and is automatically vetoed, and the veto is absolute. The
certified by both the Secretary of the Senate and the latter action is referred to as a pocket veto.
Secretary General of the House, are transmitted to the
President.
Veto power of President:
● Every bill, in order to become a law, must be
10. PRESIDENTIAL ACTION ON THE BILL
presented to and signed by the President.
1. If the bill is approved by the President, the same
● If the President does not approve of the bill, he
is assigned an RA number and transmitted to
shall veto the same and return it with his
the House where it originated.
objections to the House from which it originated.
2. If the bill is vetoed, the same, together with a
The House shall enter the objections in the
message citing the reason for the veto, is
Journal and proceed to reconsider it.
transmitted to the House where the bill
● The President must communicate his decision to
originated.
veto within 30 days from the date of receipt
thereof. If he fails to do so, the bill shall become
Certification by the Presidents
a law as if he signed it.
What are the effects? (when there is an urgent or
● This rule eliminates the ‘pocket veto’ whereby
emergency)
the President would simply refuse to act on the
● Printed Form
bill.
● 3 Readings
● To OVERRIDE the veto, at least 2/3 of ALL the
members of each House must agree to pass the
11. ACTION ON APPROVED BILL
bill. In such a case, the veto is overridden and
The bill is reproduced and copies are sent to the Official
becomes a law without need of presidential
Gazette Office for publication and distribution to the
approval.
implementing agencies. It is then included in the annual
● The power of the president to veto is only
compilation of Acts and Resolutions.
applicable to BILLS; hence, he may no
longer veto a law by which he vetoed before
12. ACTION ON VETOED BILL
but was overridden by the Congress.
The message is included in the Order of Business. If the
Congress decides to override the veto, the House and
General Rule: the president must veto the entire bill.
the Senate shall proceed separately to reconsider the bill
Exceptions: Appropriation, revenue or tariff bill.
or the vetoed items of the bill. If the bill or its vetoed
items is passed by a vote of two-thirds of the Members
General Veto
of each House, such bill or items shall become a law.
● Veto of an entire bill.
● Veto
Item veto
● Approve
The President may veto particular items in an:
● Sit-on-it (the lapse of 30 days)
● Appropriations (allotment of budget or
authorizes the government to withdraw funds
NOTE: A joint resolution having the force and effect of a
from the government)
law goes through the same process.
● Revenue (tax)
● Tariff bill (customs)
SECTION 27. (1) Every bill passed by the Congress This veto will not affect items to which he does not
shall, before it becomes a law, be presented to the object.
President. If he approves the same, he shall sign it;
otherwise, he shall veto it and return the same with his
objections to the House where it originated, which shall Type of Bill Item
enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of Revenue/Tax Bill Subject of the tax and the
all the Members of such House shall agree to pass the tax rate imposed thereon
bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be reconsidered,
and if approved by two-thirds of all the Members of that Appropriations Bill Indivisible sum dedicated
House, it shall become a law. In all such cases, the to a stated purpose
votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or Appropriate Provision
against shall be entered in its Journal. The President ● Items only.
shall communicate his veto of any bill to the House ● Related or attached to an item can also be
where it originated within thirty days after the date of vetoed by the President.
receipt thereof; otherwise, it shall become a law as if he
had signed it. Inappropriate Provision
● Unrelated or not germane to an item.
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JMJV FINALS

(5) No law shall be passed authorizing any transfer of

De Lima Provision appropriations; however, the President, the President of
● Incarceration of De Lima. the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme
Resolution Bill Court, and the heads of Constitutional Commissions
may, by law, be authorized to augment any item in the
Cannot be a bill nor be a Only a bill can turn into a general appropriations law for their respective offices
law. Even if it follows the law under the
from savings in other items of their respective
same rule on how a bill Constitution.
can become a law. appropriations.
Cannot change the rule
of the bill without
Executive Legislative Judiciary
amending the
Constitution.
President Senate & House Chief of Justice
of
Publication Representatives
● Signed
● Vetoed or overridden
● 30 days ● Cross-border transfer is not allowed.
● There must be an item for there to be an
It must be published first to become a law in the Official augmentation (increase).
Gazette or newspaper of general circulation. ● Such branches can only transfer their savings
within their office.
Veto of RIDER
● A rider is a provision which does not relate to a
**issue on the OVP’s confidential fund.
particular appropriation stated in the bill.
● Since it is an invalid provision under Section
25(2), the President may veto it as an item. (6) Discretionary funds appropriated for particular
officials shall be disbursed only for public purposes to be
Specific limitations on legislation supported by appropriate vouchers and subject to such
● No law shall be enacted increasing the Supreme guidelines as may be prescribed by law.
Court’s appellate jurisdiction without the SC’s
(7) If, by the end of any fiscal year, the Congress shall
advice and concurrence.
● No law shall be enacted granting titles of royalty
have failed to pass the general appropriations bill for the
or nobility ensuing fiscal year, the general appropriations law for
the preceding fiscal year shall be deemed reenacted and
SECTION 24. All appropriation, revenue or tariff bills, shall remain in force and effect until the general
bills authorizing increase of the public debt, bills of local appropriations bill is passed by the Congress.
application, and private bills shall originate exclusively in
the House of Representatives, but the Senate may SECTION 23.
propose or concur with amendments. (1) The Congress, by a vote of two-thirds of both
● HB and SB must be germane. Houses in a joint session assembled, voting separately,
shall have the sole power to declare the existence of a
SECTION 25. state of war (NO DELEGATION TO THE PRESIDENT)
(1) The Congress may not increase the appropriations (2) In times of war or other national emergency, the
recommended by the President for the operation of the Congress may, by law, authorize the President, for a
Government as specified in the budget. The form, limited period and subject to such restrictions as it may
content, and manner of preparation of the budget shall prescribe, to exercise powers necessary and proper to
be prescribed by law. carry out a declared national policy. Unless sooner
● They can, however, decrease it. withdrawn by resolution of the Congress, such powers
shall cease upon the next adjournment thereof.
(2) No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to 1. Who can declare a state of war and a state of
some particular appropriation therein. Any such emergency?
provision or enactment shall be limited in its operation to
the appropriation to which it relates. State of War State of Emergency
(3) The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving Who can declare: Who can declare:
appropriations for other departments and agencies. CONGRESS PRESIDENT
(4) A special appropriations bill shall specify the purpose
for which it is intended, and shall be supported by funds Purpose: Purpose:
1. International law 1. Military
actually available as certified by the National Treasurer,
2. Delegation 2. Delegation
or to be raised by a corresponding revenue proposed
therein.

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JMJV FINALS

**only the CONGRESS, may however, DELEGATE

SUCH POWERS THROUGH ENACTMENT OF A LAW. Nor can the seizure order be sustained because of
the several constitutional provisions that grant
DAVID V. ARROYO executive power to the President. In the framework of
our Constitution, the President’s power to see that the
Clearly, they did not intend that Congress should laws are faithfully executed refutes the idea that he is to
first authorize the President before he can declare a be a lawmaker. The Constitution limits his functions
"state of national emergency." The logical in the lawmaking process to the recommending of
conclusion then is that President Arroyo could laws he thinks wise and the vetoing of laws he
validly declare the existence of a state of national thinks bad.
emergency even in the absence of a Congressional
enactment. RA 11469
Republic Act 11469 was signed into law on 23 March
But the exercise of emergency powers, such as the 2020 (also known by its short title as the Bayanihan to
taking over of privately owned public utility or Heal as One Act) declaring a national health emergency
business affected with public interest, is a different throughout the Philippines as a result of the COVID-19
matter. This requires a delegation from Congress. situation. In it Congress authorizes the President to
exercise the necessary special powers, for a limited time
However, knowing that during grave emergencies, it may and subject to certain restrictions, to address a problem
not be possible or practicable for Congress to meet and that poses a clear and present danger to the people.
exercise its powers, the Framers of our Constitution
deemed it wise to allow Congress to grant emergency 3. Republic Act No. 6826 December 20, 1989
powers to the President, subject to certain conditions. AN ACT TO DECLARE, IN VIEW OF THE EXISTENCE
OF A NATIONAL EMERGENCY, A NATIONAL POLICY
Section 17. In times of national emergency, when the IN CONNECTION THEREWITH AND TO AUTHORIZE
public interest so requires, the State may, during the THE PRESIDENT OF THE REPUBLIC OF THE
emergency and under reasonable terms prescribed by it, PHILIPPINES FOR A LIMITED PERIOD AND SUBJECT
temporarily take over or direct the operation of any TO RESTRICTIONS, TO EXERCISE POWERS
privately-owned public utility or business affected with NECESSARY AND PROPER TO CARRY OUT THE
public interest. DECLARED NATIONAL POLICY AND FOR OTHER
PURPOSES.
● must be understood as an aspect of the
emergency powers clause. The taking over of 2. How is it delegated?
private business affected with public interest is It is delegated through enactment of law.
just another facet of the emergency powers ● 3 readings
generally reposed upon Congress. Thus, when ● Publication in the official gazette or newspaper
Section 17 states that the State may, during the of general circulation
emergency and under reasonable terms ● Sign by the President
prescribed by it, temporarily take over or direct
the operation of any privately owned public utility Vote requirement: (to declare the existence of a state of
or business affected with public interest," it war)
refers to Congress, not the President. Now, 1. 2/3 of both Houses, in joint session
whether or not the President may exercise such 2. Voting separately
power is dependent on whether Congress
may delegate it to him pursuant to a law Emergency powers:
prescribing the reasonable terms thereof. ● During times of war or other national emergency,
Congress may, BY LAW, authorize the President
The order cannot properly be sustained as an to exercise powers necessary and proper to
exercise of the President’s military power as carry out a declared national policy.
Commander-in-Chief of the Armed Forces. The
Government attempts to do so by citing a number of Limitations:
cases upholding broad powers in military commanders (1) There must be a war or other emergency.
engaged in day-to-day fighting in a theater of war. Such (2) The delegation must be for a limited period only.
cases need not concern us here. Even though "theater (3) The delegation must be subject to such restrictions
of war" is an expanding concept, we cannot with as the Congress may prescribe.
faithfulness to our constitutional system hold that (4) The emergency powers must be exercised to carry
the Commander-in-Chief of the Armed Forces has out a national policy declared by Congress.
the ultimate power as such to take possession of
private property in order to keep labor disputes from Expiration of emergency powers
stopping production. This is a job for the nation’s ● By resolution of Congress, or
lawmakers, not for its military authorities.
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JMJV FINALS

- to revoke the EP which cannot be (3) All money collected on any tax levied for a special
vetoed by the president since it is not a purpose shall be treated as a special fund and paid out
bill. for such purpose only. If the purpose for which a special
- The congress can promulgate their fund was created has been fulfilled or abandoned, the
rules, such that, they can also abandon balance, if any, shall be transferred to the general funds
their rules. of the Government.
● Upon the next adjournment of Congress SECTION 30. No law shall be passed increasing the
- The second recess. appellate jurisdiction of the Supreme Court as provided
in this Constitution without its advice and concurrence.
Araneta v. Dinglasan
The president issued several executive orders in regards SECTION 31. No law granting a title of royalty or nobility
to the state of emergency during WWII. However, such shall be enacted.
EOs should be for a temporary period only, in the said
case, the president still has the said powers which SECTION 32. The Congress shall, as early as possible,
cannot be because the Congress is already in session. provide for a system of initiative and referendum, and
● Emergency, in order to justify the delegation of the exceptions therefrom, whereby the people can
emergency powers, “must be temporary or it can directly propose and enact laws or approve or reject any
not be said to be an emergency.” It is to be act or law or part thereof passed by the Congress or
presumed that Commonwealth Act No. 671 was local legislative body after the registration of a petition
approved with this limitation in view. therefor signed by at least ten per centum of the total
number of registered voters, of which every legislative
Rodriguez v. Gella district must be represented by at least three per centum
They passed a law to revoke the emergency powers of of the registered voters thereof.
the president. But it was then vetoed by the president.
● It is unconstitutional because such emergency
powers are only for a limited time. Otherwise, ARTICLE VII
the president will have unlimited powers. THE EXECUTIVE DEPARTMENT

**it should be harder to give but easier to withdraw. SECTION 1. The executive power shall be vested in the
President of the Philippines.
SECTION 28. (1) The rule of taxation shall be uniform
and equitable. The Congress shall evolve a progressive 1. Role of the executive - what is Executive Power?
system of taxation.
(2) The Congress may, by law, authorize the President to a. Power of control over the executive branch
fix within specified limits, and subject to such limitations The President of the Philippines has the mandate of
and restrictions as it may impose, tariff rates, import and control over all the executive departments, bureaus, and
export quotas, tonnage and wharfage dues, and other offices. This includes restructuring, reconfiguring, and
duties or imposts within the framework of the national appointments of their respective officials. The
development program of the Government. Administrative Code also provides for the President to
(3) Charitable institutions, churches and parsonages or be responsible for the abovementioned offices’ strict
convents appurtenant thereto, mosques, non-profit implementation of laws.
cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious, b. Power ordinance power
charitable, or educational purposes shall be exempt from The President of the Philippines has the power to give
taxation. executive issuances, which are means to streamline the
(4) No law granting any tax exemption shall be passed policy and programs of an administration.
without the concurrence of a majority of all the Members
of the Congress. There are six issuances that the President may
issue. They are the following as defined in the
SECTION 29. (1) No money shall be paid out of the Administrative Code of 1987:
Treasury except in pursuance of an appropriation made
by law. Executive orders — Acts of the President providing for
(2) No public money or property shall be appropriated, rules of a general or permanent character in
applied, paid, or employed, directly or indirectly, for the implementation or execution of constitutional or statutory
use, benefit, or support of any sect, church, powers shall be promulgated in executive orders.
denomination, sectarian institution, or system of religion, Administrative orders — Acts of the President which
or of any priest, preacher, minister, or other religious relate to particular aspects of governmental operations in
teacher, or dignitary as such, except when such priest, pursuance of his duties as the administrative head shall
preacher, minister, or dignitary is assigned to the armed be promulgated in administrative orders.
forces, or to any penal institution, or government Proclamations — Acts of the President fixing a date or
orphanage or leprosarium. declaring a status or condition of public moment or
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JMJV FINALS

interest, upon the existence of which the operation of a d. Powers of eminent domain, escheat, land
specific law or regulation is made to depend, shall be reservation and recovery of ill-gotten wealth
promulgated in proclamations which shall have the force
of an executive order. Power of eminent domain — The President shall
Memorandum orders — Acts of the President on determine when it is necessary or advantageous to
matters of administrative detail, or of subordinate or exercise the power of eminent domain in behalf of the
temporary interest which only concern a particular officer national government, and direct the solicitor general,
or government office shall be embodied in memorandum whenever he deems the action advisable, to institute
orders. expropriation proceedings in the proper court.
Memorandum circulars — Acts of the President on
matters relating to internal administration, which the Power to direct escheat or reversion proceedings —
President desires to bring to the attention of all or some The President shall direct the solicitor general to institute
of the departments, agencies, bureaus, or offices of the escheat or reversion proceedings over all lands
government, for information or compliance, shall be transferred or assigned to persons disqualified under the
embodied in memorandum circulars. constitution to acquire land.
General or special orders — Acts and commands of
the President in his capacity as commander-in-chief of Power to reserve lands of the public and private
the Armed Forces of the Philippines shall be issued as domain of the government —
general or special orders. (1) The president shall have the power to reserve for
settlement or public use, and for specific public
**It is important to note that during the term of President purposes, any of the lands of the public domain, the use
Ferdinand E. Marcos, he used executive issuances of which is not otherwise directed by law. The reserved
known as presidential decrees as a form of legislation. land shall thereafter remain subject to the specific public
These decrees have the full force and effect of laws purpose indicated until otherwise provided by law or
because at the time the legislature did not exist and, proclamation.
when the 1973 Constitution was put into full force and (2) He shall also have the power to reserve from sale or
effect, it gave the power to the President to do as such. other disposition and for specific public uses or
This continued until the first year of President Corazon purposes, any land belonging to the private domain of
C. Aquino’s term. However, President Aquino opted to the government, or any of the friar lands, the use of
used executive orders instead of presidential decrees. which is not otherwise directed by law, and thereafter
President Aquino’s executive orders, however, still had such land shall be used for the purposes specified by
the full force and effect of laws until the ratification of the such proclamation until otherwise provided by law.
1987 Constitution.
Power over ill-gotten wealth — The President shall
c. Power over aliens direct the solicitor general to institute proceedings to
The President of the Philippines has certain powers over recover properties unlawfully acquired by public officials
non-Filipinos in the Philippines. The powers he may or employees, from them or from their nominees or
exercise over foreigners in the country are as follows: transferees.
● The chief executive may have an alien in the
Philippines deported from the country after due e. Power of appointment
process. The President may appoint officials of the Philippine
● The President may change the status of a government as provided by the constitution and laws of
foreigner, as prescribed by law, from a the Philippines. Some of these appointments, however,
non-immigrant status to a permanent resident may need the approval of the Committee on
status without the necessity of visa. Appointments (a committee composed of members from
● The President may choose to overrule the Board the House of Representatives and the Senate of the
of Commissioners of the Bureau of Immigration Philippines).
before their decision becomes final and
executory (after 30 days of the issuance of the f. Power of general supervision over local
decision). The Board of Commissioners of the governments
Bureau of Immigration has jurisdiction over all The President of the Philippines, as chief executive, has
deportation cases. the mandate to supervise local governments in the
● The president is also mandated by the Philippines, despite their autonomous status as provided
Administrative Code of 1987 to exercise powers by Republic Act No. 7160 otherwise known as the Local
as recognized by the generally accepted Government Code of 1991.
principles of international law.
Traditionally, this is done by the Department of the
Interior and Local Government, headed by a cabinet
secretary—an alter ego of the President.

7
JMJV FINALS

The doctrine of qualified political agency essentially assume that the law was valid, and in the exercise of his
postulates that the heads of the various executive discretion, he undertook to enforce the law and to carry out its
departments are the alter egos of the President, and, terms and provisions.
thus, the actions taken by such heads in the
performance of their official duties are deemed the acts Ople v. Torres
A.O. No. 308, or the ADOPTION OF A NATIONAL
of the President unless the President himself should
COMPUTERIZED IDENTIFICATION REFERENCE SYSTEM,
disapprove such acts.
was issued by President Fidel V. Ramos on December 12,
● The secretaries of the Cabinet. 1996.
● The doctrine has been adopted here out of
practical necessity, considering that the On January 24, 1997, petitioner filed the instant petition
President cannot be expected to personally against respondents, then Executive Secretary Ruben Torres
perform the multifarious functions of the and the heads of the government agencies, who as members
executive office. of the Inter-Agency Coordinating Committee, are charged with
the implementation of A.O. No. 308. On April 8, 1997, we
issued a temporary restraining order enjoining its
**faithful execution of laws**
implementation.

2. Can the president refuse to enforce a law on the The petition at bar is a commendable effort on the part of
ground that it is, in his opinion, unconstitutional? Senator Blas F. Ople to prevent the shrinking of the right to
- NO. privacy, which the revered Mr. Justice Brandeis considered as
"the most comprehensive of rights and the right most valued by
Moon v. Harrison civilized men."
The defendants, pursuant to Act No. 2868 of the Philippine
Legislature and pursuant to Executive Orders No. 56 and 67 Petitioner Ople prays that we invalidate Administrative Order
issued by authority of said Act, have seized the said 2,330½ No. 308 entitled "Adoption of a National Computerized
kilos of Siam rice of plaintiff and deprived him of it, for the Identification Reference System" on two important
purpose of distribution to the public at large; that said seizure constitutional grounds, viz:
was made without compensation to plaintiff, although
defendants have promised to pay there for at the rate of ● it is a usurpation of the power of Congress to
P16.25, Philippine currency, a cavan and no more, which price legislate; and
is below the reasonable value of the rice and is unjust; that ● it impermissibly intrudes on our citizenry's protected
payment at said rate does not constitute just compensation zone of privacy. We grant the petition for the rights
and a seizure under the circumstances alleged constitutes a sought to be vindicated by the petitioner need
confiscation of private property contrary to the fundamental stronger barriers against further erosion.
and organic law of the Philippine Islands and an invasion of
those constitutional rights that no one may be deprived of his 1. WON the establishment of AO No 308 by the President is
property except by due process of law and with just unconstitutional as it is a usurpation of the legislative powers of
compensation; that the just and reasonable value of the rice the Congress?
seized as aforesaid in Manila at the time of said seizure was
with respect to the Siam rice mentioned P26.32 per cavan. Held:
As head of the Executive Department, the President is
1. Whether or Not the enforcement of Act No. 2868 is valid. the Chief Executive. He represents the government as a
2. May the Chief Executive refuse to enforce a law on the whole and sees to it that all laws are enforced by the
ground that in his opinion it is unconstitutional? officials and employees of his department. 18 He has
control over the executive department, bureaus and
Held:
offices. This means that he has the authority to assume
1. Yes, it is assumed that in the commission of the alleged
acts, the Governor-General was acting in his official capacity, directly the functions of the executive department,
and was engaged in the performance of a duty enjoined upon bureau and office or interfere with the discretion of its
him by the Legislature of the Philippine Islands. They were officials.19
only exercising their function provided by the act.
Administrative power is concerned with the work of
2. No. Otherwise, he will be violating the doctrine of separation applying policies and enforcing orders as determined by
of powers because by doing so, he will be claiming the power proper governmental organs. 21 It enables the President
to interpret the law, not merely to implement it.
to fix a uniform standard of administrative efficiency and
By the organic law, it is the duty of the legislature to make the
check the official conduct of his agents. 22 To this end, he
law; of the executive to enforce; and of the courts to construe
the law. The courts only have the power to declare a law can issue administrative orders, rules and regulations.
unconstitutional. In the very nature of things, it is not the duty
of the Governor to say whether a law is or is not constitutional. Presuming from these precepts, we hold that A.O. No.
It is his duty to enforce the law until such time as it has legally 308 involves a subject that is not appropriate to be
been declared unconstitutional. covered by an administrative order. An administrative
order is:
In the instant case, Act No. 2868 was enacted by the Sec. 3. Administrative Orders. — Acts of the
Legislature. By its terms and provisions, certain duties were
President which relate to particular aspects of
thrust upon the Governor-General. He had a legal right to
8
JMJV FINALS

governmental operation in pursuance of his 5. must have resided in the Philippines ten years
duties as administrative head shall be before the election was held.
promulgated in administrative orders.
Term of Office
A.O. No. 308 cannot pass constitutional muster as an The President of the Philippines is elected by direct vote
administrative legislation because facially it violates the by the people for:
right to privacy. The essence of privacy is the “right to be ● term of 6 years.
let alone.” The right to privacy as such is accorded ● He may only serve for one term, and is
recognition independently of its identification with liberty; ineligible for reelection.
in itself, it is fully deserving of constitutional protection. ● The term of the President of the Philippines
starts at noon of the 30th day of June after
**there should be an existing law. the election.
**AO should be in harmony with the law.
**The term of office is the same with the Congress,
SECTION 2. No person may be elected President unless however, their term may be changed by law.
he is a natural-born citizen of the Philippines, a
registered voter, able to read and write, at least forty The President does not have a hold-over capacity
years of age on the day of the election, and a resident of because his term of office is fixed and will end on the
the Philippines for at least ten years immediately 30th of June–NO LAW CAN CHANGE THIS.
preceding such election.
Hold-over capacity doctrine. — Where there is
SECTION 3. There shall be a Vice-President who shall failure to elect a new set of directors or officers,
have the same qualifications and term of office and be the incumbents should be allowed to continue in
elected with and in the same manner as the President. a holdover capacity until their successors are
He may be removed from office in the same manner as elected and qualified.
the President.
The Vice-President may be appointed as a Member of **the president after his term can hold other positions in
the Cabinet. Such appointment requires no confirmation. the government.

SECTION 4.
Manner of Election The Vice President of the Philippines is elected by
1. The President and Vice-President shall be direct vote by the people for:
elected by direct vote of the people. ● term of 6 years,
2. Election returns for President and
● and may run for reelection once.
Vice-President, as duly certified by the proper
Board of Canvassers shall be forwarded to ● The term of the Vice President of the Philippines
Congress, directed to the Senate President. starts at noon of the 30th day of June after a
3. Not later than 30 days after the day of the regular election is held.
election, the certificates shall be opened in the
presence of both houses of Congress, **the VP can run again for president even after
assembled in a joint public session. succeeding the position of the president (as the spare)
4. The Congress, after determining the authenticity
provided that he or she has not served more than 4
and due execution of the certificates, shall
canvass the votes. years as VP.
5. The person receiving the highest number of
votes shall be proclaimed elected. 3. Who shall canvas the votes of the President and
6. In case of a tie between 2 or more candidates, Vice President?
one shall be chosen by a majority of ALL the - Only the Congress in a joint session.
members of both Houses, voting separately. In - The certificate of canvass (CoC).
case this results in a deadlock, the Senate
President shall be the acting President until the
deadlock is broken. Joint Committee
7. The Supreme Court en banc shall act as the - Selected members.
sole judge over all contests relating to the - Due execution and authenticity of canvas.
election, returns, and qualifications of the
President or Vice-President and may promulgate 4. Can the Joint Committee create their own body?
its rules for the purpose.
- Yes. They can promulgate their own rules. But
must be approved by a joint session.
Qualification
1. natural born Filipino;
**in case of a tie–Congress will vote by majority of all its
2. a registered voter;
members, each house voting separately.
3. must be able to read and write;
4. 40 years of age at the day of the election; and
Presidential Electoral Tribunal (PET)
- Supreme Court sitting in a banc (EN BANC).
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JMJV FINALS

- En banc: all of its members. Where no President and Vice-President shall have been
chosen or shall have qualified, or where both shall have
5. Can the SC assemble to a different kind of body? died or become permanently disabled, the President of
- They can as granted by the Constitution. the Senate or, in case of his inability, the Speaker of the
House of Representatives shall act as President until a
SECTION 5. Before they enter on the execution of their President or a Vice-President shall have been chosen
office, the President, the Vice-President, or the Acting and qualified.
President shall take the following oath or affirmation:
The Congress shall, by law, provide for the manner in
“I do solemnly swear (or affirm) that I will faithfully and which one who is to act as President shall be selected
conscientiously fulfill my duties as President (or until a President or a Vice-President shall have qualified,
Vice-President or Acting President) of the Philippines, in case of death, permanent disability, or inability of the
preserve and defend its Constitution, execute its laws, officials mentioned in the next preceding paragraph.
do justice to every man, and consecrate myself to the
service of the Nation. So help me God.” (In case of SECTION 8. In case of death, permanent disability,
affirmation, the last sentence will be omitted.) removal from office, or resignation of the President, the
Vice-President shall become the President to serve the
LINE OF SUCCESSION unexpired term. In case of death, permanent disability,
The constitution provides for a line of succession in the removal from office, or resignation of both the President
event that the elected President of the Philippines is not and Vice-President, the President of the Senate or, in
able to discharge the duties of his office due to death, case of his inability, the Speaker of the House of
disability, or resignation. The following is the line of Representatives, shall then act as President until the
succession: President or Vice-President shall have been elected and
1. Vice President — in cases of the death, qualified.
disability, or resignation of the President
2. Senate President — in cases of the death, The Congress shall, by law, provide who shall serve as
disability, or resignation of the President and President in case of death, permanent disability, or
Vice President resignation of the Acting President. He shall serve until
3. Speaker of the House of Representatives — in the President or the Vice-President shall have been
cases of the death, disability, or resignation of elected and qualified, and be subject to the same
the President, Vice President, and Senate restrictions of powers and disqualifications as the Acting
President President.

Contrary to popular belief, the constitution doesn’t SECTION 9. Whenever there is a vacancy in the Office
include the Chief Justice of the Supreme Court in the of the Vice-President during the term for which he was
President’s line of succession. elected, the President shall nominate a Vice-President
The Congress of the Philippines is mandated to enact a from among the Members of the Senate and the House
law calling for a special election three days after the of Representatives who shall assume office upon
vacancy in the Office of the President and Vice confirmation by a majority vote of all the Members of
President. The special election should occur 40 days both Houses of the Congress, voting separately.
after the enactment of the law, but not later than 60 days
after the enactment of the law. SECTION 10. The Congress shall, at ten o’clock in the
morning of the third day after the vacancy in the offices
SECTION 7. The President-elect and the of the President and Vice-President occurs, convene in
Vice-President-elect shall assume office at the beginning accordance with its rules without need of a call and
of their terms. within seven days enact a law calling for a special
election to elect a President and a Vice-President to be
If the President-elect fails to qualify, the held not earlier than forty-five days nor later than sixty
Vice-President-elect shall act as President until the days from the time of such call.
President-elect shall have qualified.
The bill calling for such special election shall be deemed
If a President shall not have been chosen, the certified under paragraph 2, Section 26, Article VI of this
Vice-President-elect shall act as President until a Constitution and shall become law upon its approval on
President shall have been chosen and qualified. third reading by the Congress. Appropriations for the
special election shall be charged against any current
If at the beginning of the term of the President, the appropriations and shall be exempt from the
President-elect shall have died or shall have become requirements of paragraph 4, Section 25, Article VI of
permanently disabled, the Vice-President-elect shall this Constitution. The convening of the Congress cannot
become President. be suspended nor the special election postponed. No
special election shall be called if the vacancy occurs

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JMJV FINALS

within eighteen months before the date of the next practice any other profession, participate in any
presidential election. business, or be financially interested in any contract
with, or in any franchise, or special privilege granted by
the Government or any subdivision, agency, or
SECTION 11. Whenever the President transmits to the
instrumentality thereof, including government-owned or
President of the Senate and the Speaker of the House of controlled corporations or their subsidiaries. They shall
Representatives his written declaration that he is unable strictly avoid conflict of interest in the conduct of their
to discharge the powers and duties of his office, and until office.
he transmits to them a written declaration to the contrary,
such powers and duties shall be discharged by the Subject Source of Disqualification
Vice-President as Acting President.
President, Prohibited from:
Whenever a majority of all the Members of the Cabinet Vice-President, ● Holding any office or
transmit to the President of the Senate and to the Cabinet Members, employment during their
Deputies or tenure,
Speaker of the House of Representatives their written
Assistants of Cabinet ● UNLESS: otherwise
declaration that the President is unable to discharge the Members
powers and duties of his office, the Vice-President shall provided in the Constitution
(e.g. VP can be appointed a
immediately assume the powers and duties of the office
Cabinet Member, Sec. of
as Acting President. Justice sits on Judicial and
Bar Council); or
Thereafter, when the President transmits to the ● The positions are ex-officio
President of the Senate and to the Speaker of the House and they do not receive any
of Representatives his written declaration that no salary or other emoluments
inability exists, he shall reassume the powers and duties therefor (e.g. Sec. of
of his office. Meanwhile, should a majority of all the Finance is head of the
Members of the Cabinet transmit within five days to the Monetary Board).
President of the Senate and to the Speaker of the House ● Practicing, directly or
of Representatives their written declaration that the indirectly, any other
President is unable to discharge the powers and duties profession during their
of his office, the Congress shall decide the issue. For tenure;
that purpose, the Congress shall convene, if it is not in ● Participating in any
session, within forty-eight hours, in accordance with its business;
rules and without need of call. ● Being financially interested
in any contract with, or in
If the Congress, within ten days after receipt of the last any franchise, or special
written declaration, or, if not in session, within twelve privilege granted by the
days after it is required to assemble, determines by a government or any
two-thirds vote of both Houses, voting separately, that subdivision, agency or
the President is unable to discharge the powers and instrumentality thereof,
duties of his office, the Vice-President shall act as the including GOCCs or their
President; otherwise, the President shall continue subsidiaries.
exercising the powers and duties of his office.
**The rule on disqualifications for
SECTION 12. In case of serious illness of the President, the President and his Cabinet are
the public shall be informed of the state of his health. stricter than the normal rules
The Members of the Cabinet in charge of national applicable to appointive and
security and foreign relations and the Chief of Staff of elective officers under Art. IX-B,
the Armed Forces of the Philippines, shall not be denied Sec. 7.
access to the President during such illness.

Section 6. SALARIES AND EMOLUMENTS

1. Official salaries are determined by law. Spouses and 4th Cannot be appointed during
2. Salaries cannot be decreased during the degree relatives of the President’s tenure as:
TENURE of the President and the President
Vice-President. (consanguinity or ● Members of the
3. Increases take effect only after the expiration of affinity) Constitutional Commissions;
the TERM of the incumbent during which the ● Office of the Ombudsman;
increase was approved. ● Department Secretaries;
4. Prohibited from receiving any other emolument ● Department
from the government or any other source during under-secretaries;
their TENURE ● Chairman or heads of
bureaus or offices including
GOCC’s and their
SECTION 13. The President, Vice-President, the subsidiaries.
Members of the Cabinet, and their deputies or assistants **If the spouse, etc., was already
shall not, unless otherwise provided in this Constitution, in any of the above offices at the
hold any other office or employment during their tenure. time before his/her spouse
They shall not, during said tenure, directly or indirectly,
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JMJV FINALS

5. All other officers whose appointments are not

became President, he/she may
otherwise provided for by law; and those whom
continue in office. What is
he may be authorized by law to appoint.
prohibited is appointment and
● This includes the Chairman and
reappointment, NOT continuation
members of the Commission on Human
in office.
Rights, whose appointments are
**Spouses, etc., can be provided for by law NOT by the
appointed to the judiciary and as Constitution.
ambassadors and consuls. ● Congress may, by law, vest the
appointment of other officers lower in
rank in the President alone or in the
courts, or in the heads of departments,
agencies, boards or commissions.
Sections 14-16. POWER TO APPOINT ● BUT: Congress cannot, by law, require
CA confirmation of the appointment of
SECTION 16. The President shall nominate and, with other officers for offices created
the consent of the Commission on Appointments, subsequent to the 1987 Constitution
appoint the heads of the executive departments, (e.g. NLRC Commissioners, Bangko
ambassadors, other public ministers and consuls, or Sentral Governor).
officers of the armed forces from the rank of colonel or ● ALSO: Voluntary submission by the
naval captain, and other officers whose appointments President to the CA for confirmation of
are vested in him in this Constitution. He shall also an appointment which is not required to
appoint all other officers of the Government whose be confirmed does not vest the CA with
appointments are not otherwise provided for by law, and jurisdiction. The President cannot
those whom he may be authorized by law to appoint. extend the scope of the CA’s power as
The Congress may, by law, vest the appointment of provided for in the Constitution.
other officers lower in rank in the President alone, in the
courts, or in the heads of departments, agencies, Procedure:
commissions, or boards. 1. CA confirmation needed:
● Nomination by President
The President shall have the power to make ● Confirmation by CA
appointments during the recess of the Congress, ● Appointment by President; and
whether voluntary or compulsory, but such appointments ● Acceptance by appointee.
shall be effective only until after disapproval by the
Commission on Appointments or until the next Note: At any time before all four steps have been
adjournment of the Congress. complied with, the President can withdraw the
nomination/appointment.
Principles:
● Since the power to appoint is executive in 2. No CA confirmation:
nature, Congress cannot usurp this function. ● Appointment; and
● While Congress (and the Constitution in certain ● Acceptance.
cases) may prescribe the qualifications for
particular offices, the determination of who Note: Once an appointee accepts, the President can no
among those who are qualified will be appointed longer withdraw the appointment.
is the President’s prerogative.
Ad-interim appointments:
Scope 1. When Congress is in recess, the President may
The President shall appoint the following: still appoint officers to positions subject to CA
1. Heads of executive departments (CA confirmation.
confirmation needed): 2. These appointments are effective immediately,
2. Ambassadors, other public ministers, and but are only effective until they are disapproved
consuls (CA confirmation needed). by the CA or until the next adjournment of
3. Officers of AFP from rank of colonel or naval Congress.
captain (CA confirmation needed). 3. Appointments to fill an office in an ‘acting’
4. Other officers whose appointment is vested in capacity are NOT ad-interim in nature and need
him by the Constitution (CA confirmation no CA approval.
needed), such as:
● Chairmen and members of the Appointments by an Acting President:
COMELEC, COA and CSC. These shall remain effective UNLESS revoked by the
● Regular members of the Judicial and elected President within 90 days from his assumption or
Bar Council. re-assumption of office.
● The Ombudsman and his deputies;
● Sectoral representatives in Congress. Limitation on the Power

**The President also appoints members of the Supreme SECTION 13 (2nd paragraph). The spouse and relatives
Court and judges of the lower courts, but these by consanguinity or affinity within the fourth civil degree
appointments do not need CA confirmation. of the President shall not during his tenure be appointed
as members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or
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JMJV FINALS

offices, including government-owned or controlled Exceptions:

corporations and their subsidiaries. ● The President cannot remove his appointees to
the judiciary like the members of the Supreme
SECTION 14. Appointments extended by an Acting Court, the Court of Appeals and the lower
President shall remain effective, unless revoked by the courts. Their terms are already fixed by the
elected President within ninety days from his assumption Constitution; and they may be removed only by
or reassumption of office. Congress through impeachment in case of
members of the SC and by the SC itself in case
Exception to this prohibition of members of the lower courts and their
SECTION 15. Two months immediately before the next personnel who are under its administrative
presidential elections and up to the end of his term, a supervision.
President or Acting President shall not make ● This is to ensure the independence and
appointments, except temporary appointments to autonomy of the judiciary as a co-equal branch
executive positions when continued vacancies therein of government. Secondly the President has also
will prejudice public service or endanger public safety. no power to fire the members of the
Constitutional Commissions and the
● Two (2) months immediately before the next Ombudsman because their terms of office are
Presidential elections, and up to the end of his also fixed by the Constitution and, like the
term, the President or Acting President SHALL members of the SC, they may be removed from
NOT make appointments. This is to prevent the office only on impeachment for culpable violation
practice of ‘midnight appointments.” of the constitution, treason, bribery, graft and
corruption, other high crimes or betrayal of
● EXCEPTION: public trust (Article XI Section 2).
A. Can make TEMPORARY APPOINTMENTS
B. To fill EXECUTIVE POSITIONS; Hence the President’s power of removal springing forth
C. If continued vacancies therein will prejudice from his/her power of appointment mainly refers only to
public service or endanger public safety. officers in the Executive Department, Bureaus, Offices,
Subdivisions, Instrumentalities and Agencies of the
Power of Removal government, including government owned and controlled
In our presidential system of government, the authority corporations with original charters all of which are under
to appoint is one of the President’s foremost powers. It is his/her control and supervision (Section 17, Article VII).
exercised either exclusively or with the consent of the But since these positions are within the scope of the civil
Congressional Commission on Appointments (CA) or service (Section 2[1] Article IX B), the President’s power
upon recommendation of the Judicial and Bar Council of removal is also subject to some limitations. Section 2
(JBC). (3) Article IX B of the Constitution says that “no officer or
employee of the civil service shall be removed or
The President has the power to appoint, with the suspended except for causes provided by law” The
consent of the CA, the following officials: (1) the heads causes for removal depend on the kind of positions in
of the executive departments; (2) ambassadors; (3) the civil service.
other public ministers and consuls; (4) officers of the
armed forces from the rank of colonel or naval captain; Appointments in the civil service may be appointments to
and (5) other officers whose appointments are vested in competitive positions which must be made according to
him by the Constitution (Section 16, Article VII); (6) the merit and fitness to be determined as far as practicable
Chairman and Members of the Civil Service Commission through competitive examination; or to non-competitive
(Article IX B Section 1 [2]); (7) Chairman and Members positions where merit and fitness are determined not by
of the Commission on Elections (Article IX C Section 1 competitive examination since by their nature they are
[2]); (8) the Chairman and Members of the Commission “policy determining, primarily confidential or highly
on Audit (Article IX D Section 1[2]); (9) the regular technical” (Section 2[2] Article IX B).
members of the Judicial and Bar Council (Article 8
Section 8[2]). Competitive positions in the civil service may also be
classified as career service under the Civil Service Code
On the other hand the President shall appoint only from (P.D. 807) since appointments are based on merit and
a list of at least three nominees submitted by the JBC, fitness determined by competitive examinations or
the members of the Supreme Court, the members of the mainly on technical qualifications that assure appointees
Court of Appeals, judges of the lower courts (Article VIII, (1) security of tenure and (2) opportunity for
Section 9) and the Ombudsman and his deputies (Article advancement to higher career positions.
XI Section 9).
Non-competitive positions on the other hand are similar
Hence, except for the above enumerated positions that to the non-career service under the Civil Service Code
require the consent of the CA or the recommendation of where entrance is not based on tests for merit and
the JBC, the authority to appoint “all other officers of the fitness and where tenure is limited either: to a period
government whose appointments are not otherwise specified by law, or co-terminus with that of the
provided by law and those whom he may be authorized appointing authority, or at his pleasure, or to the duration
by law to appoint” is lodged on the President alone. But of the project for which the appointee is hired.
Congress may by law also vest the appointment of other
officers lower in rank, in the courts or in the heads of But whether in competitive or non-competitive service,
departments, agencies, commissions or boards (Article security of tenure is guaranteed in the sense that their
VII Section 16). right to continue in the position held should not be
impaired by any arbitrary action.

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JMJV FINALS

Removal or suspension of competitive- career civil **Members of the Cabinet = President**

servants shall be only for “causes provided by law” **Cannot be delegated to the cabinet –Section 18**
which means that they are not only in accordance with
the procedure provided by law but also for reasons
Executive Secretary (Little President)
which the law and sound public policy recognize as
sufficient for removal and “substantial in nature directly 1. Reversal - he can overturn the department with
affecting the rights and interests of the public” (De los the authority of the President.
Santos vs. Mallare, 87 Phil, 290). 2. Procedural law - exhaustion of administrative
remedy.
With regards to officials and employees holding primarily
confidential positions, they continue in office only for so Disciplinary Powers:
long as confidence in them endures. Hence the
● The power of the President to discipline officers
termination of their official relation can be justified on the
ground of loss of confidence which strictly speaking does flows from the power to appoint the, and NOT
not involve removal but expiration of the term of office from the power control.
(Hernandez vs. Villegas 14 SCRA, 544). ● BUT While the President may remove from
office those who are not entitled to security of
tenure, or those officers with no set terms, such
SECTION 17. The President shall have control of all the as Department Heads, the officers, and
executive departments, bureaus, and offices. He shall employees entitled to security of tenure cannot
ensure that the laws be faithfully executed. be summarily removed from office.

Power of Control: Power of Supervision (overseeing):

The power of an officer to alter, modify, or set aside what ● This is the power of a superior officer to ensure
a subordinate officer has done in the performance of his that the laws are faithfully executed by
duties, and to substitute the judgment of the officer for subordinates.
that of his subordinate. Thus, the President exercises ● The power of the president over local
control over all the executive departments, bureaus, and government units is only of general supervision.
offices. Thus, he can only interfere with the actions of
their executive heads if these are contrary to
The President’s power over government-owned law.
corporations comes not from the Constitution but from ● The execution of laws is an OBLIGATION of the
statute. Hence, it may be taken away by statute. President. He cannot suspend the operation of
laws.
Qualified Political Agency: ● The power of supervision does not include the
● The doctrine has been adopted here out of power of control; but the power of control
practical necessity, considering that the necessarily includes the power of supervision.
President cannot be expected to personally
perform the multifarious functions of the
executive office. Section 18. COMMANDER-IN-CHIEF POWERS
● Since all executive and administrative The President shall be the Commander-in-Chief of all
organizations are adjuncts of the Executive armed forces of the Philippines and whenever it
Department, the heads of such departments, becomes necessary, he may call out such armed forces
etc. are assistants and agents of the President. to prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the
● Thus, generally the acts of these department
public safety requires it, he may, for a period not
heads, etc, which are performed and exceeding sixty days, suspend the privilege of the writ of
promulgated in the regular course of business, habeas corpus or place the Philippines or any part
are presumptively the acts of the President. thereof under martial law. Within forty-eight hours from
● Exception: If the acts are disapproved or the proclamation of martial law or the suspension of the
reprobate by the President. privilege of the writ of habeas corpus, the President shall
● Under Administrative Law, decisions of submit a report in person or in writing to the Congress.
Department Secretaries need not be appealed
The Congress, voting jointly, by a vote of at least a
to the President in order to comply with the majority of all its Members in regular or special session,
requirement of exhaustion of administrative may revoke such proclamation or suspension, which
remedies. revocation shall not be set aside by the President. Upon
● Qualified political agency does NOT apply if the the initiative of the President, the Congress may, in the
President is required to act in person by law or same manner, extend such proclamation or suspension
for a period to be determined by the Congress, if the
by the Constitution. Example: The power to
invasion or rebellion shall persist and public safety
grant pardons must be exercised personally by requires it.
the President.
- Secretaries (Head Executive of The Congress, if not in session, shall, within twenty-four
Departments hours following such proclamation or suspension,
- In relation to their executive functions.
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JMJV FINALS

convene in accordance with its rules without any need of NOTE: Congress CANNOT extend the period motu
a call. propio (on its own)

The Supreme Court may review, in an appropriate

Supreme Court review:
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the ● The appropriate proceeding can be filed by any
suspension of the privilege of the writ or the extension citizen.
thereof, and must promulgate its decision thereon within ● The SC can review the FACTUAL BASIS of the
thirty days from its filing. proclamation or suspension.
● Decision is promulgated within 30 days from
A state of martial law does not suspend the operation of filing.
the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and agencies Martial Law does NOT:
over civilians where civil courts are able to function, nor ● Suspend the operation of the Constitution.
automatically suspend the privilege of the writ. ● Supplant the functioning of the civil courts or
legislative assemblies.
The suspension of the privilege of the writ shall apply ● Authorize conferment of jurisdiction on military
only to persons judicially charged for rebellion or courts over civilians where civil courts are able
offenses inherent in or directly connected with the
to function and
invasion.
● Automatically suspend the privilege of the writ.
During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially Suspension of privilege of the writ:
charged within three days, otherwise he shall be ● Applies ONLY to persons judicially charged for
released. rebellion or offenses inherent in or directly
connected with invasion.
Scope:
● Anyone arrested or detained during suspension
1. The President is the Commander-in-Chief of the
must be charged within 3 days. Otherwise he
Armed Forces.
should be released.
2. Whenever necessary, the President may call out
Note: While the suspension of the privilege of writ and
the AFP to PREVENT or SUPPRESS:
the proclamation of martial law is subject to judicial
● Lawless violence;
review, the actual use by the President of the armed
● Invasion; or
forces is not. Thus, troop deployments in times of war
● Rebellion.
are subject to the President’s judgment and discretion.
3. The President may also:
● Suspend the privilege of the writ of
habeas corpus; and
SECTION 19. Except in cases of impeachment, or as
● Proclaim a state of martial law.
otherwise provided in this Constitution, the President
may grant reprieves, commutations and pardons, and
Suspension of the privilege of the writ of habeas
remit fines and forfeitures, after conviction by final
corpus and declaring martial law;
judgment.

Grounds:
He shall also have the power to grant amnesty with the
● Invasion or Rebellion; and
concurrence of a majority of all the Members of the
● Public safety requires it.
Congress.

The invasion or rebellion must be ACTUAL and not

Section 19: EXECUTIVE CLEMENCY
merely imminent.
Scope:
● The President may grant the following:
Limitations:
1. Pardons (conditional or plenary)
● Suspension or proclamation is effective for only
2. Reprieves
60 days.
3. Commutations
● Within 48 hours from the declaration or
4. Remittance of fines and forfeitures
suspension, the President must submit a report
to Congress.
● These may only be granted AFTER conviction by
● Congress, by majority vote and voting jointly,
final judgment.
may revoke the same, and the President cannot
● ALSO: The power to grant clemency includes cases
set aside the revocation.
involving administrative penalties.
● In the same manner, at the President’s initiative,
● Where a conditional pardon is granted, the
Congress can extend the same for a period
determination of whether it has been violated rests
determined by Congress if:
with the President.
i. Invasion or rebellion persist and
ii. Public safety requires it.
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JMJV FINALS

Limitations: the Government or government-owned and controlled

1. As to scope: corporations which would have the effect of increasing
Cannot be granted: the foreign debt, and containing other matters as may be
provided by law.
● Before conviction
● In cases of impeachment Power to Contract or Guarantee Foreign Loans
● For violations of election laws, rules, and Limitations:
regulation without the favorable 1. The President may contract or guarantee foreign
recommendation of the COMELEC loans on behalf of the Republic of the
● In cases of civil or legislative contempt Philippines with the prior concurrence of the
2. As to effect: Monetary Board; and
● Does not absolve civil liabilities for an offense. 2. Subject to such limitations as may be provided
● Does not restore public offices already forfeited, by law.
although eligibility for the same may be restored.

Amnesty: SECTION 21. No treaty or international agreement shall

1. An act of grace concurred in by Congress, be valid and effective unless concurred in by at least
usually extended to groups of persons who two-thirds of all the Members of the Senate.
commit political offenses, which puts into
oblivion the offense itself. Difference between Executive Agreement and Treaty
2. President alone CANNOT grant amnesty. 1. Treaties – international agreements entered into
Amnesty needs concurrence by a majority of all by the Philippines which require legislative
the members of Congress. concurrence after executive ratification. This
3. When a person applies for amnesty, he must term may include compacts like conventions,
admit his guilt of the offense which is subject to declarations, covenants and acts.
such amnesty. If his application is denied, he 2. Executive Agreement – similar to treaties except
can be convicted based on this admission of that they do not require legislative concurrence.
guilt.
Requirements
● Only a treaty or international agreement requires
Amnesty Pardon the concurrence of two-thirds of all the
● Addressed to ● Addressed to Members of the Senate in its ratification by the
POLITICAL offenses ORDINARY offenses President.
● Granted to a CLASS ● Granted to ● The Office of the President would require the
of persons INDIVIDUALS certificate of concurrence of each executive
● Need not be ● Must be accepted agency involved in the interagency process,
accepted ● No need for depending on the subject matter.
● Requires Congressional
● Only when all relevant agencies are on board
concurrence of concurrence
majority of all ● Private act of with the proposal, will the President in turn ratify
members of President. It must be the treaty or international agreement, and certify
Congress proved. the same to the Senate for its concurrence in the
● A public act. Subject ● Only penalties are ratification.
to judicial notice extinguished.
● Extinguishes the ● May or may not 1. Power to Negotiate
offense itself restore political rights. a. Options of Senate when a treaty is submitted for its
● May be granted Absolute pardon approval:
before or after restores. Conditional ● Approve with 2/3 majority;
conviction does not. ● Disapprove outright; or
● Civil indemnity is not ● Approve conditionally, with suggested
extinguished. amendments.
● Only granted after
conviction by final b. If treaty is not re-negotiated, no treaty
judgment
c. If the treaty is re-negotiated and the Senate’s
suggestions are incorporated, the treaty will go into
effect without need of further Senate approval.
SECTION 20. The President may contract or guarantee
foreign loans on behalf of the Republic of the Philippines
**While our municipal law makes a distinction between
with the prior concurrence of the Monetary Board, and
international agreements and executive agreements,
subject to such limitations as may be provided by law.
with the former requiring Senate approval and the latter
not needing the same, under international law, there is
The Monetary Board shall, within thirty days from the
no such distinction.
end of every quarter of the calendar year, submit to the
Congress a complete report of its decisions on
applications for loans to be contracted or guaranteed by
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JMJV FINALS

**The President cannot, by executive agreement,

undertake an obligation which indirectly circumvents a
legal prohibition.

e. Conflict between treaty and municipal law.

Philippine court:
● The later enactment will prevail, be it treaty or
law, as it is the latest expression of the State’s
will.

International tribunal
● Treaty will always prevail. A State cannot plead
its municipal law to justify noncompliance with
an international obligation.

2. Power to appoint ambassadors, other public ministers,

and consuls.

3. Power to receive ambassadors and other public

ministers accredited to the Philippines.

4. Power to contract and guarantee foreign loans on

behalf of the Republic

5. Power to deport aliens

● This power is vested in the President by virtue of
his office, subject only to restrictions as may be
provided by legislation as regards the grounds
for deportation.
● In the absence of any legislative restriction to
authority, the President may still exercise this
power.
● The power to deport aliens is limited by the
requirements of due process, which entitles the
alien to a full and fair hearing.
● BUT: The alien is not entitled to bail as a
matter of right.

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