PPGC 211

Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25

Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

WEEK 7: ARTICLE VI oChoosing the President in case of a

LEGISLATIVE DEPARTMENT tie (Art. VII, Sec. 4, par. 4)
o Confirming certain appointments by
Section 1 the President (Art. VII, Sec. 16)
 The legislative power shall be vested in the o Promoting social justice (Art. XIII,
Congress of the Philippines which shall Sec. 1)
consist of a Senate and a House of o Declaring the existence of a state of
Representatives, except to the extent war (Art. VI, Sec. 23[1])
reserved to the people by the provision on o Imposing taxes (Art. VI, Sec. 28[1])
initiative and referendum. o Appropriating money (Art. VI, Sec.
What is Legislative Power? 29[1])
 Legislative power is essentially authority o Impeaching officials (Art. XI, Sec. 2)
under the Constitution to make laws and o Acting as a constituent assembly
subsequently, when the need arises, to alter (Art. XVII, Sec. 1)
and repeal them. 3. Implied Powers
 This is the peculiar task of the legislature to  Essential or necessary to effectively exercise
prescribe general rules for the government the powers expressly granted. These include:
of society o Conducting inquiries and
Legislative functions: investigations in aid of legislation
 Determination of the legislative policy and (Art. VI, Sec. 21)
its promulgation as a defined o Punishing for contempt
 Binding rule of conduct through the o Determining the rules of its
enactment of law proceedings (Art. VI, Sec. 16[3])
4. Inherent Powers
Meaning of law  Powers possessed and exercised by every
 Statutes which are the written enactments government as an attribute of sovereignty
of the legislatures governing the relations of Separation of Powers
the people among themselves or between  The Philippine Constitution establishes three
then and the government and its agencies branches of government, each with distinct
Function of laws functions under the principle of separation
 Through laws, the legislature defines the of powers
rights and duties of citizens, imposes taxes, 1. Legislative Branch
appropriates funds, defines crimes and o Function: Passes, changes, and
provides for their punishment, creates and repeals laws
abolishes government offices, determines o Example: House of
their jurisdiction and functions, and in Representatives, Senate
general, regulates human conduct and the 2. Executive Branch
use of property for the promotion of the o Function: Carries out laws and
common good. : LEGISLATIVE DEPARTMEN manages day-to-day
People’s Initiative on Statutes government operations
 Legislative power is also vested in the o Example: President
people by the system of initiative and 3. Judicial Branch
referendum o Function: Interprets laws and
 Power of initiative and referendum: The settles disputes
power of the people directly to “propose o Example: Supreme Court
and enact laws of approve or reject any act Chambers of Congress, Composition, and
or law or part thereof passed by the Qualifications
Congress or local legislative body”  Senate
o Sec. 32, Art. VI  Composition
 The provision is not self-executing o 24 Senators elected at large (Sec. 2,
o Defensor-Santiago v. COMELEC G.R Art. VI)
No. 127325 (1997)  Qualifications (Sec. 3, Art. VI)
o Natural-born citizen
Classification of Power of Congress o At least 35 years old on the day of
1. General Legislative Power the election
 The power to enact laws intended as rules o Able to read and write
of conduct to govern the relations among o A registered voter
individuals or between the individuals and o A resident of the Philippines for at
the State least 2 years immediately preceding
2. Specific Powers the election
 Powers explicitly directed or authorized by  Term of Office
the Constitution, including: o 6 years (Sec. 4, Art VI)
 Term Limits

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

o 2 consecutive terms (Sec. 4, Art VI)  They shall constitute 20% of the total
number of representatives, elected through
 House of Representative a party-list system of registered national,
 Composition regional, and sectoral paties, or
o Not more than 250 members, unless organizations
otherwise provided by law, Kinds of Elections for members of Congress
consisting of: Regular Election
 District Representatives  Unless otherwise provided by law, the
 Party-list Representatives (Sec. 5, regular election of the Senators and the
Art. VI) Members of the House of Representatives
 Qualifications (Sec. 6, Art. VI) shall be held on the second Monday of
o Natural-born citizen May (Sec. 8, Art. VI)
o At least 25 years old on the day of Special Election
the election  In case of vacancy in the Senate or in the
o Able to read and write House of Representatives, a special
o A registered voter in the district he election may be called to fill such vacancy
seeks to represent in the manner prescribed by law, but the
o A resident of the Philippines for at Senator or Member of the House of
least 1 year immediately preceding Representatives thus elected shall serve
the election only for the unexpired terms (Sec. 9, Art VI)
 Term of Office
o 3 years (Sec. 7, Art. VI) Legislative Privileges, Inhibitions, and
 Term Limits Disqualifications
o 3 Consecutive terms (Sec. 7, Art. VI) 1. Privileges
a. Salaries
Registered Voter and Residence  Sec 10, Art VI
 Registered voter is the one who has all the o The Salaries of Senators and
qualifications for a voter and none of the Members of the House of
disqualifications provided by law Representatives shall be determined
 Has registered himself in the list of voter by law. No increase in said
 One’s residence is the place where one has compensation shall take effect until
his true permanent home and to which, after the expiration of the full term of
whenever absent, he has the intention of all the Members of the Senate and
returning the House of Representative
Residency Requirement approving such increase
 Residence – physical presence of a person b. Freedom from Arrest
in a given area, community, or country  A Senator or Member of the House of
 Domicile – place of habitual residence Representative shall be privileged from
o A man must have a domicile arrest while Congress is in session
somewhere  This applies to offenses punishable by not
o Once established, it remains until a more than six years of imprisonment
new one is acquired  (Sec. 11, Art. VI)
o A man can have but one residence c. Speech and Debate Clause
or domicile at a time  No member of Congress shall be
 Acquisition of domicile questioned or held liable in any other place
o Bodily presence for any speech or debate made in
o Animus manendi (intent to stay) Congress or its committees
o Animus non reverted (no intent to  This ensures legislative immunity to
return) encourage free speech and independent
 Requisites to change domicile law making
o Actual change of domicile  (Sec. 11, Art. VI)
o Bona fide intention of abandoning 2. Inhibitions and Disqualifications
the former place of origin and a. Holding Other Offices
establishing a new one  A legislator may not hold any other office
o Acts which correspond with the while serving in Congress
purpose b. Appointment to Government Positions
 A legislator may not be appointed to any
Members of the House of Representatives government position that was created or
District Representative had its emoluments (salaries, benefits, etc.)
 Elected from legislative districts increased during the term for which they
apportioned among the provinces, cities, were elected
and Metro Manila area  Accepting such a position requires forfeiting
Party-list Representative their seat in Congress

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

 (Sec. 13, Art. VI) armed forces with general or flag rank, the
c. Prohibition on Legal Representation declaration shall be disclosed to the public
 A legislator cannot personally appear as in the manner provided by law
counsel before any: c. Amount paid to/express incurred by each
o Court member
o Electoral tribunal  Sec. 20, Art VI
o Quasi-judicial body  The records and books of accounts of the
o Administrative body Congress shall be preserved and be open
 (Sec. 14, Art. VI) to the public in accordance with law, and
Purpose of the Prohibition such books shall be audited by the
 Prevents undue information on judges or Commission on Audit which shall annually
officials an itemized list of amounts paid to and
 Avoids decisions being swayed by the hope express incurred for each member
of future political favors or appointments
d. Financial Interests Sessions of Congress
 Legislator shall not be financially involved,  Sec. 15, Art VI
directly or indirectly, in:  The Congress shall convince once every
o Any contract with the government year on the fourth Monday of July for its
o Any franchise or special privilege regular session unless a different date is
granted by the government fixed by law, and shall continue to be in
o Any transaction that may result in session for such number of days as it may
pecuniary (financial) benefits during determine until thirty days before the
their term of office opening of its next regular session, exclusive
e. Intervention in Government Matters of Saturdays, Sundays, and legal holidays
 Legislator shall not intervene in any matter  The President may call a special session at
before any government office, particularly any time
when: Regular Sessions
o It involves financial interests  Excluded:
o It relates to privileges that may o Saturday
benefit them o Sunday
o They are called upon to act due to o Legal Holiday
their office Special Sessions
 (Sec. 14, Art. VI)  Excluded:
Connection to the Pork Barrel System o Urgent
 The system violates Sec. 14 because: o National concern
o It allows legislators to intervene in Executive Sessions
project implementation  Secret or close door sessions
o This gives them undue influence  President
over government funds  Congress
o It increases the risk of using their
position for personal or political gain Quorum and Voting Majorities
3. Duty to Disclose 1. Quorum
a. Financial and Business Interest; Potential  Sec. 16, Art VI
Conflicts of Interest  A majority of each House shall constitute a
 Sec. 12, Art. VI quorum to do business, but a smaller
 All members of the Senate and House of number may adjourn day to day and may
Representatives shall, upon assumption of compel the attendance of absent
office, make a full disclosure of their Members in such manner, and under such
financial and business interest penalties, as such House may provide
 They shall notify the House concerned of a  In computing a quorum, members who are
potential conflict of interest that may arise outside the country, thus outside of each
from the filling of a proposed legislation of House’s coercive jurisdiction, are not
which they are authors included
b. SALN QUORUM
 Sec. 17, Art. VI  Required number of members of each
 A public officer or employee shall, upon house to be present in order to transact
assumption of office thereafter as may be business during its regular or special session
required by law, submit a declaration under  Rule: No law can be passed or legislative
oath of his assets, liabilities, and net worth function discharged unless the quorum is
 In case of the President, VP, Members of reached
the Cabinet, Congress, Supreme Court, 2. Voting Majorities
Constitutional Commissions and other  Doctrine of Shifting Majority
constitutional offices, and officers of the

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

o For each House of Congress to pass o Additional leadership roles include:

a bill, only the votes of the majority  1 speaker Pro-Tempore
of those present in the session, there  Majority floor leader
being quorum is required  Minority floor leader
 Exceptions to Doctrine of Shifting Majority
a. Votes where requirement is based on Meaning and function of Rules of Procedure
“ALL THE MEMBRES OF CONGRESS”:  These are the rules made by any legislative
requirement is based on the entire body to regulate the mode and manner of
composition of a House or Congress (in conducting its business. They are intended
its entirety), regardless of the number of for the orderly and proper disposition of the
Members present or absent matters before it.
o Procedure and rules to be observed
in its deliberations
o Election of officers
o Penalties to be imposed upon erring
members
o Many other kindred matters, are
proper subjects of the rules of
procedure
Meaning of Legislative Journal
 Official record of what is done and passed
in a legislative assembly
 Proceedings are entered therein in
chronological order as they occur from day
to day
Discipline of Members
 Each House may determine the rules of its
proceedings, punish its Members for
disorderly behaviour, and with the
concurrence of two-thirds of all its
members, suspend, when imposed, shall
not exceed sixty days
 [Sec. 16 (3), Art. VI]
b. Other cases (NOT out of all members)
Electoral Tribunals and the Commissions on
Appointments
 Sec. 17, Art. VI
 Purpose
o Sole judge of all contests related to
elections, returns, and qualifications
Officers of Congress of their respective members
1. Election of Leaders  Composition
 Congress elects the Senate President and o 9 total members
Speaker of the House of Representative by o 3 justices of the Supreme Court
majority vote (designated by the Chief Justice)
 These officials hold office at the pleasure of o 6 Members from the Senate or
their respective members House of Representatives
2. Other Officers  Chosen based on
 Each House may elect additional officers as proportional representation
necessary (Sec. 16 [1]), including: from political parties and
o Senate President/Speaker Pro- organizations under the
Tempore party-list system
o Floor leader  Chairman: Senior Justice in the Electoral
o Secretary Tribunal
o Sergeant-at-Arms Two Types of Electoral Tribunals
o Disturbing Officer 1. Senate Electoral Tribunal (SET)
o Technical Assistants 2. House Electoral Tribunal (HRET)
 Deputy Speaker (House of Representative)
o The House of Representatives elects Composition of Electoral Tribunals
four (4) Deputy Speakers: 1. Positioning
 2 from Luzon  3 Supreme Court Justices, designated by
 1 from Visayas Chief Justice
 1 from Mindanao

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

 Chairman: Senior Justice in the Electoral Concept of Congressional Oversight

Tribunal  The power of oversight embraces all
2. 6 members of the Senate or House, as the case activities undertaken by Congress to
may be, chosen on the basis of proportional enhance its understanding of and influence
representation from parties. over the implementation of legislation it has
Composition Rules enacted
1. The electoral tribunals shall be constituted Power of Congress to declare existence of a state
within 30 days after the Senate and the House of war
shall have been organized with the election of 1. The Congress, by a vote of two-thirds of both
the President and the Speaker. (Sec. 19, Art. VI) Houses in joint session assembled voting
2. Members chosen enjoy security of ensure and separately, shall have sole power to declare
cannot be removed by mere temporary the existence of a state of war
change of party affiliation [Bondoc v. Pineda, 2. In times of war or other national emergency,
G.R No. 97710 (1991)] the Congress may, by law, authorize the
Commission on Appointments President, for a limited period and subject to
 Sec. 18, Art. VI such restrictions as it may prescribe, to exercise
 Members powers necessary and proper to carry out a
o Ex Officio Chairman: President of the declared national policy. Unless sooner
Senate withdrawn by resolution of the Congress, such
o 12 Senators powers shall cease upon the next adjournment
o 12 Member of the House of thereof
Representatives
o Elected by each House based on Appropriations Law
proportional representation from  Sec. 24, Art. VI
political parties and party-list  All appropriation, revenue or tariff bills, bills
organizations authorizing increase of the public debt, bills
 The Chairman does shall not vote, except in of local application, and private bills, shall
case of tie. originate exclusively in the House of
 The Commission shall act on all Representatives, but the Senate may
appointments submitted to it within 30 propose or concur with amendments
session days of the Congress from Kinds of Appropriations
submission 1. Annual or general appropriations
 Decisions are made by a majority vote of all o The general appropriations bill is more
members popularly known as the budget
Rule on Proportional Representation 2. Special or supplemental appropriations
 12 Senators and 12 representatives are o It specify the purpose for which it is
elected on the basis of proportional intended, and shall be supported by
representation from the political parties and funds actually available as certifies by
party-list organizations the National Treasurer, or to be raised
Nature by a corresponding revenue proposal
 The Commission on Appointments shall be 3. Specific appropriations
constituted within 30 days after the Senate o One which sets aside a named sum of
and the House of Representatives shall money for the payment of a particular
have been organized with the election of expense
the President and the Speaker 4. Continuing appropriations
 Sec. 19, Art. VI o One which provides a definite sum to
Powers of Congress be always available from year, without
Legislative Inquiries and Oversight the necessity of further legislative action
Function Meaning of other Bills
 Sec. 21, Art. VI  Appropriation bill – The primary and specific
 The Senate or the House of Representatives aim of which is to make appropriations of
or any of its respective committees may money from the public treasury
conduct inquiries in aid of legislation in  Revenue bill – One the primary and specific
accordance with its duly published rules of purpose of which is to raise revenue
procedures. The rights of persons appearing  Tariff bill – As used in the Constitution, it has
in or affected by such inquiries shall be reference to one imposing customs duties
respected for revenue purposes
 Bill authorizing increase of the public debt –
Comparison between Legislative Inquiries and One which creates public indebtedness
Question Hour such as a bill providing for the issuance of
bonds and other forms of obligations
 Bill of local application – One affecting
purely local or municipal concerns like one

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

creating a city or municipality or changing and private bills, shall originate

its name exclusively in the House of
 Private bill – One affecting purely private Representatives, but the Senate may
interest, such as one granting a franchise to propose or concur with amendments
a person or appropriation, or compensation  Sec. 25, Art. VI
to a person for damages suffered by him for 1. The Congress may not increase
which the government considers itself liable the appropriations
recommended by the President
Process of Law-making for the operation of the
Requirements as to bills Government as specified in the
1. As to titles of bills budget. The form, content, and
o Sec. 26, Art. VI manner of preparation of the
a. Every bill passed by the Congress budget shall be prescribed by
shall embrace only one subject law
which shall be expressed in the title 2. No provision or enactment shall
thereof be embraced in the general
b. No bill passed by either House shall appropriations bill unless it relates
become a law unless it has passed specifically to some particular
three readings on separate days, appropriation therein. Any such
and printed copied thereof in its provision or enactment shall be
final form have been distributes to its limited in its operation to the
Members three days before its appropriation to which it relates
passage, except when the President 3. The procedure in approving
certifies to the necessity of its appropriations for the Congress
immediate enactment to meet a shall strictly follow the procedure
public calamity or emergency. for approving appropriations for
Upon the last reading of a bill, no other departments and agencies
amendment there to shall be 4. A special appropriations bill shall
allowed, and the vote thereon shall specify the purpose for which it is
be taken immediately thereafter, intended and shall be supported
and the yeas and nays entered in by funds actually available as
the journal. certified by the national
One Subject, One Title Rule Treasurer, or to be raised by a
1. To prevent “hodge-podge”, “log-rolling”, or the corresponding revenue
smuggling in of “riders” proposed therein
2. To prevent surprise or fraud upon the legislature 5. No law shall be passed
3. To fairly apprise the people of the subjects of authorizing any transfer of
legislation that are being considered in order appropriations; however the
that they may have the opportunity of being President, the President of the
hear thereon, by petition or otherwise, if they Senate, the Speaker of the House
should so desire of Representatives, the Chief
4. But the title need not be a complete Justice of the Supreme Court,
catalogue of a bill. In any case, a title must not and the heads of Constitutional
be “so uncertain that the average person Commission may, by law, be
reading it would not be informed of the purpose authorized to argument any item
of the enactment” in the general appropriations law
5. The title of the bill is controlling over the text for their respective offices from
[Dela Cruz v. Paras. G.R. No. L-42571-72(1983)] savings in other item of their
2. Requirements as to Certain Laws respective appropriations
 Sec. 22, Art. VI 6. Discretionary funds appropriated
 The President shall submit to the for particular officials shall be
Congress within thirty days from the disbursed only for public
opening of every regular session, as purposes to be supported by
the basis of the general appropriate vouchers and
appropriations bill, a budget of subject to such guidelines as
expenditures and sources of may be prescribed by law
financing including receipts from 7. If, by the end of any fiscal year,
existing and proposed revenue the Congress shall have failed to
measures pass the general appropriations
 Sec. 24, Art. VI bill for the ensuring fiscal year,
 All appropriations, revenue or tariff the general appropriations law
bills, bills authorizing increase of the for the preceding fiscal year shall
public debt, bills of local application, be deemed re-enacted and

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

shall remain in force and effect government agencies, private citizen

until the general appropriations interest groups, and legislator
bill is passed by the Congress  A bill field in the House of the
 Sec. 29, Art. VI Representative will be labelled as H.B.,
1. No money shall be paid out of the whilst, a bill filed in the Senate will be
Treasury except in pursuance of labelled as S.B
appropriation made by law Three Readings
Procedure for Passage of Bills First Reading
 Sec. 27, Art. VI  Reading of Title/Author(s)
1. Every bill passed by the Congress shall before it  Referral to appropriate committee(s)
becomes a law, be presented to the President Second Reading
o If he approves the same, he shall sign it  Sponsorship
o If the President disapproves (vetoes), he  Period of Debate
shall return it with objectives to the  Period of Amendments
House where it originated Third Reading
o The House of origin shall enter the  Distribution of Bill in Final Form
objections in its journal and reconsider  No amendments allowed
the bill  Roll call vote is called
o If, after reconsideration, two-thirds of
the Members of the originating House
agree to pass the bill:
 It is sent, with the objections,
to the other House of
reconsideration
 If two-thirds of the Members
of the second House
approve, it shall become a
law
o Voting shall be by yeas or nays. Names
of Members voting for or against shall Presidential Action
be recorded in the Journal  Sec. 27, Art. VI
o The President must communicate his  Transmittal of bill to President for his action
veto within 30 days from receipt  Approves and signed the bill to
 Otherwise, the bill become a law
automatically becomes a  If no action within 30 days of
law receipt, bill lapses into law
2. The President shall have the power to veto any X President vetoes bill and returns it to
particular item or items in an appropriation, originating house with explanation, it
revenue, or tariff bill, but the veto shall not can be override by the House of
affect the item or items to which he does not Rep. and Senate through 2/3 of their
object Votes
Three ways for the bill to become a law What is a Bill?
1. When it is approved by the President  Draft of a law submitted to the
2. When the vote of the President is overridden by consideration of a legislative body for its
a two-thirds vote of all the members of both adoption
houses What is a Resolution?
3. Upon failure of the President to veto the bill and  Formal expression of opinion, will or intent
to return it with his objections, to the House by an official body or assembled body
where it originated, within 30 days after the Rule of Taxation
date of receipt  Sec. 28, Art. VI
Meaning of Budget 1. Shall be uniform and equitable. The
 A budget is the financial program of the Congress shall evolve a progressive
national government for a designated system of taxation
calendar year, consisting of statements of 2. The Congress may, by law, authorize
estimated receipts from revenues and the President to fix within limits, and
expenditures for the calendar on which it is subject to such limitations and restriction
intended to be effective based on the as it may impose, tariff rates, import and
results of operations during the preceding export quotas, tonnage, and wharfage
calendar year dues, and other duties or imposts within
the framework of the national
The Proposal development program of the
 A proposal, suggestion, idea regarding a Government
certain matter from the President,

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

3. Charitable institutions, churches and registered voters, of which every legislative

parsonages or convents appurtenant district must be presented by at least three
thereto, mosques, non-profit per centum of the registered voters thereof.
cemeteries, and all lands, buildings, and
improvements, actually, directly, and Meaning of Initiative and Referendum
exclusively used for religious, charitable,  Initiative
or educational purposes shall be o Reserved power of the people to
exempt from taxation directly propose and enact laws at
4. No law granting any tax exemption shall polls called for the purpose
be passed without the concurrence of independently of Congress or of a
a majority of all the Members of the local legislative body
Congress  Referendum
o Process by which any act or law or
Exempted from Tax part thereof passed by Congress or
 Charitable Institution by a local legislative body is
 Churches submitted to the people for their
 Mosques approval or disapproval
 Non-profit Cemetery
Rule of Taxation WEEK 8: ARTICLE VII
 Sec. 29, Art. VI EXECUTIVE DEPARTMENT
1. No money shall be paid out of the Sec. 1, Art. VII
Treasury except in pursuance of an  The executive power shall be vested in the
appropriation made by law President of the Philippines
2. No public money or property shall be What is executive power?
appropriated, applied, paid or,  Power to administer the laws, which means
employed, directly or indirectly, for the carrying them into practical operation and
use, benefit, or support of any sect, enforcing their due observance
church, denomination, sectarian,
institution, or system of religion, or of any Qualifications, Election, and Term of the President
priest, preacher, minister, other religious and Vice President
teacher, or dignitary as such, except Qualifications
when such priest, preacher, minister, or 1. Natural-born citizen of the Philippines
dignitary is assigned to the armed 2. A registered voter
forces, or to any penal institution, or 3. Able to read and write
government orphanage or leprosarium 4. At least 40 years of age on the day of the
3. All money collected on any tax levied election
for a special purpose shall be treated as 5. A resident of the Philippines for at least 10 years
a special fund and paid out for such immediately preceding such election [Sec. 2,
purpose only. If the purpose for which a Art. VII]
special fund was created had been  Sec. 3, Art. VII
fulfilled or abandoned, the balance, if  There shall be a Vice-President who shall
any, shall be transferred to the general have the same qualifications and term of
funds of the Government office and be elected with and in the same
 Sec. 30, Art. VI manner as the President. He may be
o No law shall be passed increasing removed from office in the same manner as
the appellate jurisdiction of the the President
Supreme Court as provided in this  The Vice-President may be appointed as a
Constitution without its advice and Member of the Cabinet. Such appointment
concurrence requires no confirmation
 Sec. 31, Art. VI Election
o No law granting a title of royalty or 1. Regular Election: Second Monday of May
nobility shall be enacted 2. National Board of Canvassers (President and
Initiative and Referendum Vice-President): Congress
 Sec. 32, Art. VI a. Returns shall be transmitted to Congress,
 The Congress shall, as early as possible, directly to the Senate President
provided for a system of initiative and b. Joint public session: Not later than 30 days
referendum, and the exceptions therefrom, after election date; returns to be opened
whereby the people can directly propose in the presence of the Senate and HOR in
and enact laws or approve or reject any joint session
act or law or part thereof passed by the 3. Congress, up on determination of the
Congress or local legislative body after the authenticity and due execution, shall canvass
registration of a petition therefor signed by the votes
at least per centum of the total number of

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

4. Person having the highest number of votes shall 1. At the Beginning of Term
be proclaimed elected  Sec. 7, Art. VII
5. In case of tie, one will be chosen by the vote of o The President- elect and the Vice-
majority of all the members of both Houses of President-elect shall assume office
Congress, voting separately at the beginning of their terms
o Temporary or Permanent Vacancy
Term of Office in the President before the Term
 6 years, which shall begin at noon on the o No hold-over capacity for President
30th day of June next following the day of  If the President-elect fails to qualify:
the election and shall end at noon of the o The Vice-President-elect shall
same day 6 years thereafter act as President until the
 Sec. 4, Art. VII President-elect qualifies
Term of Office Distinguished from Tenure Office;  If no President has been chosen:
Right to Hold Office; and Office o The Vice-President-elect shall
 Term of Office act as President until a President
o Refers to the period during which an is chosen and qualified
officer may claim to hold the office  If the President-elect dies or become
as a matter of right permanently disabled before assuming
 Tenure of Office office:
o Period during which the incumbent o The Vice-President-elect shall
actually holds the office become President
 Right to Hold Office  If no President and Vice-President have
o The just and legal claim to enjoy the been chosen or qualified, or both
powers and responsibilities of the die/become permanently disabled:
office o The President of the Senate shall
 Office act as President
o An institutional unit of government, o If the Senate President is unable,
while term is a matter of time during the Speaker of the House of
which a person may hold the office Representatives shall act as
President
Sec. 5, Art. VII  If all the above officials are unable to
 Before they enter on the execution of their serve:
office, the President, the Vice-President, or o Congress shall provide by law
the Acting President shall take the following the manner in which an acting
oath or affirmation President shall be selected until
Oath or Affirmation of the President, Vice President, a President or Vice-President
or Acting President qualifies
 Oath is an outward pledge made under an a. Vacancy in the Offices of the President and VP
immediate sense of responsibility to God.  Congress shall convene at 10:00am on
The oath-taking marks the formal induction the third day after the vacancy occurs
of the President.  Within seven days, Congress must enact
 Vice President or Acting President in office a law calling for a special election to
 Mandatory. He cannot enter on the elect a new President and VP
execution of his office without taking the  The special election must be held
prescribed oath or affirmation between 45 to 60 days from the time of
the call
Rules of Succession  The bill for the special election:
o Is certified urgent under Sec.
26(2), Art. VI
o Becomes law upon approval on
third reading by Congress
b. Funding and Restrictions
 Appropriations for the special election
will be taken from existing funds and are
exempt from restrictions under Sec.
25(4), Art. VI
 Congress cannot be suspended, and
the special election cannot be
postponed
 No special election will be called if the
vacancy occurs within 18 months
before the next presidential election

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

2. During the Term declaration stating he is able

a. Permanent Vacancy in the Presidency to resume his duties
 If the President dies, becomes 2. First written Declaration by the
permanently disabled, is removed from Cabinet
office, or resigns, the VP shall become o If a majority of the Cabinet submits
President and serve the unexpired term a written declaration to the
b. Permanent Vacancy in Both the Presidency President of the Senate and the
and Vice-Presidency Speaker of the House of
 If both the President and VP die, Representatives stating that the
become permanently disabled, are President is unable to discharge his
removed, or resign: duties, the Vice-President shall
o The President of the Senate shall immediately assume the role of
act as President Acting President.
o If the Senate President is unable, 3. Congressional Determination of
the Speaker of the House of Presidential Inability
Representatives shall act as a. President’s Reassertion of Ability
President  If the President
o They shall serve until a new submits a written
President or VP is elected and declaration to the
qualified President of the
c. Succession Beyond the Acting President Senate and the
 Congress shall enact a law determining Speaker of the House
who shall serve as President in case of of Representatives
the death, permanent disability. Or stating that no
resignation of the Acting President inability exists, he
 The designated successor shall serve shall resume his
until a President or VP is elected and duties
qualified b. Second written declaration
 The successor shall be subject to the by the Cabinet
same restrictions and disqualifications as  If, within five days, a
the Acting President majority of the
3. In case of Temporary Disability Cabinet submits
 A vacancy in the Presidency arising another written
from his disability can occur in any of declaration stating
the following ways: that the President
o Voluntary written declaration of remains unable to
the President discharge his duties,
o First written declaration by Congress shall
majority of the President decide the issue.
o Determination by Congress by  Congress must
2/3 vote of all members, voting convene within 48
separately, acting on the hours if not in session
second written declaration by c. Congressional vote on
majority of the Cabinet Presidential Inability
 In all these cases, the VP assumes the  Congress must
powers and duties of the office as decide within 10
Acting President days (or 12 days if
 Sec. 11, Art. VII not in session when
1. Voluntary written declaration of the required to convene)
President  If at least two-thirds
o If the President submits a of both Houses
written declaration to the (voting separately)
President of the Senate and determine that the
the Speaker of the House of President is unable to
Representatives stating that serve, the Vice-
he is unable to discharge his President shall
duties, the Vice-President continue as Acting
shall assume the role of President.
Acting President  If Congress fails to
o The Vice-President remains reach a two-thirds
Acting President until the vote, the President
President submits a written retains his powers
and duties.

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

Constitutional Duty of Congress in Case of Vacancy o Members of the Cabinet and their
In the Offices of the President and the VP deputies/assistants
Vacancy Timetable: Prohibited Acts
1. 0 days – Vacancy occurs 1. Shall not receive any other emoluments from
2. 3 days – Congress convenes the government or any other source
3. 10 days – Law providing for special elections  For President and Vice-President, Sec. 6, Art.
should be enacted VII
4. 55-70 days – Election should be held within this 2. Unless otherwise provided in the constitution,
period shall not hold any other office or employment
5. 85-100 days – Canvassing by Congress should  Sec. 13, Art. VII
be done within this period 3. Shall not directly or indirectly
Vacancy in the Office of the VP a. Practice any other profession
 Sec. 9, Art. VII b. Participate in any business: or
 Whenever there is a vacancy in the Office c. Be financially interested in any contract
of the Vice-President during the term for with, or in any franchise or special privilege
which he was elected, the President shall government or any subdivision, agency or
nominate a Vice-President from among the instrumentality thereof, including
Members of the Senate and the House of government-owned or controlled
Representatives, who shall assume office corporate or their subsidiaries (Sec. 13, Art.
upon confirmation by a majority vote of all VII)
the Members of both Houses of the 4. Strictly avoid conflict of interests in the conduct
Congress, voting separately. of their office (Sec. 13, Art. VII)
5. Prohibited Appointees:
WEEK 9: ARTICLE VII a. Spouse
EXECUTIVE DEPARTMENT b. Relatives by consanguinity (blood) or
affinity (marriage) within the fourth civil
Privileges, Inhibitions, and Disqualification degree
Official Residence
 The President shall have an official Powers of the President
residence General Executive and Ministrative Power
 Sec. 6, Art. VII  Executive Power
Salary o This refers to the President’s power
 This shall be determined by law to enforce, implement, and
 It shall not be decreased during tenure administer laws.
 No increase shall take effect until after the o The President shall ensure that the
expiration of the term of the incumbent laws be faithfully executed [Sec. 17,
which such increase was approved Art. VII]
 Sec. 6, Art. VII Summary of Presidential Powers
Presidential Immunity 1. Power of Appointment – The legislative can
 The President as such cannot be sued, create office, but only the Executive can fill it;
enjoying as he does immunity from suit. But Congress cannot circumvent this by setting
validity of his acts can be tested by an very narrow qualifications such that only one
action against other executive officials person is qualified to hold office
 Carillo v. Marcos, G.R No. L-21015 (1981) 2. Power to Control – The President may:
Presidential Privilege a. Nullify, modify judgements of subordinates
 It is “the right of the President and high-level [Sec. 17, Art. VII]
executive branch officers to withhold b. Undo or redo actions of subordinate
information from Congress, the courts, and c. Lay down rules for the performance of
ultimately the public” subordinates duties
The Vice-President 3. Power of Supervision – This refers to the
 Qualifications, Election, Term of Office, and oversight function. The Executive must see to it
Removal: that rules, which it did not make, are followed
o Same as the President 4. Diplomatic Powers – Including Power to enter
o Cannot serve more than 2 into treaties
consecutive terms 5. Commander-In-Chief Powers [Sec. 18, Art VII]
o May be appointed as a member of a. Call Out Power: Armed forces to suppress
the Cabinet (no confirmation lawless violence
required by the Commission on b. Suspension of the privilege of the Writ of
Appointments) Habeas Corpus:
Prohibitions on the Executive Department o In times of rebellion or invasion
 Applies to the following officials: o When required by public safety
o President c. Martial Law: Does not suspend the
o Vice President Constitution

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

6. Power of Legislation Steps of Appointment

a. Veto Power
b. Power to Declare Emergency
c. Integrative Power: Powers shared with
legislative: legislation during times of
emergency
7. Residual Power – To protect the general
welfare of people
8. Informing Power – Address Congress during
b. Types of Appointment
opening of session, or at any other time (Sec.
 Regular Appointment
23, Art. VII)
o If the CA (Congress) is in session
9. Other Powers:
 Ad Interim
a. Power to Pardon
o During the recess of Congress
b. Power to Grant Amnesty
because the CA shall meet only
c. Borrowing Power
while congress is in session
d. Budgetary Power
o Sec. 19, Art. VI
Power of Appointment
 Temporary Appointment
a. In General
o Can be withdrawn or revoked
 The President shall nominate and appoint,
at the pleasure of the
with the consent of the Commission on
appointing power. The
Appointments, the following:
appointee does not enjoy
o Heads of executive departments
security of tenure
o Ambassadors, other public ministers,
c. Limitations on the Exercise
and consuls
1. Sec. 13 (2), Art. VII – The spouse and relative
o Officers of the Armed Forces (from the
by consanguinity or affinity within the 4th
rank of Colonel or Naval Captain)
civil degree of the President shall not,
o Other officers whose appointments are
during his “tenure”, be appointed as:
vested in him by the Constitution
a. Members of the Constitutional
 The President shall also appoint:
Commission
o All other officers of the government
b. Members of the office of the
whose appointments are not otherwise
Ombudsman
provided by law
c. Secretaries
o Officers whom he is authorized by law
d. Undersecretaries
to appoint
e. Chairman or heads of bureaus or
 Congress may, by law, vest the
offices, including GOCCs and their
appointment of lower-ranking officers in:
subsidiaries
o The President alone
2. Recess (Ad Interim) Appointments – The
o The Courts
President shall have the power to make
o Heads of departments, agencies,
appointments during the recess of the
commissions, or boards
Congress, whether voluntary or compulsory,
 The President may appoint officials during
but such appointments shall be effective
the recess of Congress (whether voluntary
only until disapproval by the Commission on
or compulsory).
Appointments or until the next adjournment
 Such appointments shall be effective only
of the Congress [Sec. 16(2), Art. VII]
until:
o Disapproval by the Commission on
Midnight Appointments Ban
Appointments, or
 2 months immediately before the next
o The next adjournment of Congress
presidential elections (2nd Monday of
1. Appointment – Selection by the proper
March), and up to the end of his “term”
authority of an individual who is to exercise the
(June 30) a President (or Acting
powers and functions of a given office.
President) shall not make appointments
Appointee has a right to claim compensation
[Se. 15(2), Art. VII]
as stated in the appointment
2. Designation – Imposition of additional duties,
Appointing power of the Acting President
usually by law, upon a person already in the
 Appointments extended by an Acting
public service by virtue of an earlier
President shall remain effective unless
appointment. Does not entail payment of
revoked by the elected President within
additional benefits for grants upon the person
90 days from his assumption or re-
so designated [National Amnesty Commission v.
assumption of office [Sec. 14, Art. VII
COA, G.R. No. 156982 (2004)]
 Midnight appointments ban applies to
3. Commission – Written evidence of the appoint
the acting President

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

Power of Control and Supervision o There must be a war or other

 Sec. 17, Art. VII emergency
o The President shall have control o The delegation must be for a
of all the executive limited period only
departments, bureaus, and o The delegation must be subject
office. He shall ensure that laws to such restrictions as the
be faithfully executed. Congress may prescribe
 Control is essentially power to: o The emergency powers must be
1. Alter or modify or nullify or set aside exercised to carry out a national
what a subordinate officer had policy declared by Congress
done in the performance of this
duties Concept of Emergency
2. Substitute the judgement of the  Emergency, as a generic term,
former with that of the latter connotes the existence of conditions
Doctrine of Qualified Political Agency suddenly intensifying the degree of
 All the different executive and existing danger to life or well-being
administrative organizations are mere beyond that which is accepted as
adjuncts of the Executive Department. normal. The emergency are classifiable
This is an adjunct of the Doctrine of One under three principle heads
Executive a. Economic
 The heads of the various executive b. Natural disaster
departments are assistants and agents c. National security
of the Chief Executive  Emergency as contemplated in the
Executive Departments and Offices 1987 Constitution, may include
 The multifarious executive and rebellion, economic crisis, pestilence or
administrative of the Chief Executive epidemic, typhoon, flood, or other
are performed by and through the similar catastrophe of nationwide
executive departments proportions or effect
General Supervision over Local Government Units
and the Autonomous Regions Commander-in-Chief Powers
 The President shall exercise general Sec. 18, Art. VII
supervision over local government [Sec. 1. Authority Over Armed Forces
4, Art. X]  The President is the Commander-in-
 The President shall exercise general Chief of all armed forces of the
supervision over autonomous regions to Philippines. Whenever necessary, the
ensure that laws are faithfully executed President may call out such forces to
[Sec. 16, Art. X] prevent or suppress:
 The President may suspend or remove o Lawless violence
local officials by virtue of the power o Invasion
delegated to him by Congress through o Rebellion
the Local Government Code [Sec. 3, 2. Martial Law and Suspension of Habeas Corpus
Art. X]  In case of invasion or rebellion, when
public safety requires it, the President
Emergency Powers may:
 They are delegated by the Congress o Suspend the privilege of the writ
which covers such power necessary to of habeas corpus (for a period
carry to a declared national policy not exceeding 60 days)
(declared by Congress) o Declare martial law over the
Nature Grant Philippines or any part thereof
 Congress is the repository of emergency  Within 48 hours of the proclamation, the
powers. This is evident in the tenor of President must submit a report (in
Sec. 23(2), Art. VI authorizing it to person or in writing) to Congress
delegate such powers to the President  Congress, voting jointly by a majority of
all its Members, may revoke such
Requisite for Grant of Emergency Powers proclamation or suspension
 Knowing that during grave o This revocation cannot be overturned
emergencies. It may not be possible or by the President
practicable for Congress to meet and  Congress may extend the proclamation
exercise its powers, the Framers of our or suspension if the invasion or rebellion
Constitution deemed it wise to allow persists and public safety requires it
Congress to grant emergency powers 3. Congressional Oversight
to the President, subject to certain  If Congress is not in session, it must
conditions, thus: convene within 24 hours of the

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

proclamation or suspension, following its 1. There must be an actual invasion or

own rules rebellion
4. Judicial Review by the Supreme Court 2. Public safety requires it
 Any citizen may file an appropriate
proceeding to challenge the Effects of the Suspension of the Privilege
sufficiency of the factual basis for the 1. The suspension of the privilege of the writ
proclamation or suspension applies only to persons “judicially charged” for
 The Supreme Court must decide on the rebellion or offenses inherent in or directly
matter within 30 days from its filling connected with invasion [Sec. 18(5). Art. VII]
5. Limitations of Martial Law 2. During the suspension of the privilege of the
 Does not suspend the operation of the writ, any person thus arrested or detained shall
Constitution be judicially charged within 3 days, or
 Does not replace civil courts or otherwise he shall be released [Sec. 18(6), Art.
legislative assemblies VII]
 Does not authorize military courts to try
civilians of civil courts are functioning Four ways for the Proclamation of Martial Law or
 Does not automatically suspend the the Suspension of the privilege of the Writ of
privilege of the writ of habeas corpus Habeas Corpus to be lifted
6. Rules on Suspension of Habeas Corpus 1. Lifting by the President himself
 Applies only to persons judicially 2. Revocation by Congress
charged with rebellion or offenses 3. Nullification by the Supreme Court
directly connected to invasion 4. Operation of law after 60 days
 Anyone arrested or detained during the
suspension must be judicially charged Declaration of Martial Law and Suspension of the
within 3 days, or they must be released Privilege of the Writ of Habeas Corpus; Extension
a. He may call out such armed forces to prevent 1. Requisites in proclaiming Martial Law
or suppress lawless violence. Invasion or 2. Public safety requires the proclamation of
rebellion martial law all over the Philippines or in any part
b. He may suspend the privilege of the writ of thereof
habeas corpus  The power to declare martial law and
c. He may proclaim martial law over the entire suspend the privilege of the writ of habeas
Philippines or any part thereof corpus involves the curtailment and
 The President is the Commander-in- suppression of civil rights and individual
Chief of all Armed Forces of the freedom. When martial law is declared, it
Philippines. The ability of the President serves as a warning to citizens that the
to require a military official to secure Executive Department has called upon the
prior consent before appearing before military to assist in maintaining law and
Congress pertains to a wholly different order.
and independent specie of presidential  During this state of emergency, citizens must
authority - the Commander-in-Chief avoid any actions that may hinder the
powers of the President. By tradition restoration of order and enforcement of the
and jurisprudence, the commander-in- law, or they may face arrest and
chief powers of the President are not punishment.
encumbered by the same degree of  Lagman v. Medialdia, G.R. No. 231658
restriction as that which may attach to (2017).
executive privilege or executive The Role of Congress [Sec. 18(1(2), Art. VII]
control. a. Congress may revoke the proclamation of
martial law or suspension of the privileges of the
Calling Out Powers writ of habeas corpus before the lapse of 60
 This is merely a police measure meant from the date of suspension or proclamation
to quell disorder. As such, the b. Upon such proclamation or suspension.
Constitution does not regulate its Congress shall convene at once. If it is not in
exercise radically session, it shall convene in accordance with its
 State of Rebellion – The Constitution did rules without need of a call within 24 hours
not definite the term “rebellion”, it must following the proclamation or suspension
be understood to have the same c. Within 48 hours from the proclamation or the
meaning as the crime of “rebellion” in suspension, the President shall submit a report,
the Revised Penal Code (RPC) in person or in writing to the Congress
d. The Congress shall then vote jointly, by a
Suspension of the Privilege of the Writ of Habeas majority of all its members
Corpus
 The requisites for suspension of the privilege
of the writ of habeas corpus

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

The Role of Supreme Court [Sec. 18(3), Art. VII] 4. Remit fines and forfeitures after conviction by
a. The Supreme Court may review, in an final judgment.
appropriate proceeding filed by any citizen, 5. Pardons – Permanent cancellation of sentence.
the sufficiency of the factual basis of: [Black's Law Dictionary]
i. The Proclamation of martial law or the 6. Parole – The suspension of the sentence of a
suspension of the privilege of the writ, or convict granted by a Parole Board after serving
ii. The extension thereof. It must the minimum term of the indeterminate
promulgate its decision thereon within sentence penalty, without granting a pardon,
30 days from its filling prescribing the terms upon which the sentence
b. Petition for Habeas Corpus shall be suspended.
i. When a person is arrested without a Pardon vs. Amnesty
warrant for complicity in the rebellion or
invasion, he or someone else on his
behalf has the standing to question the
validity of the proclamation or
suspension
ii. Before the SC can decide on the
legality of his detention, it must first pass
upon the validity of the proclamation or
suspension

Executive Clemency
Nature and Limitations Difference between Probation and Parole
 Sec. 19, Art. VII – Except in cases of Probation
impeachment, or as otherwise provided in  Disposition where a defendant after
this Constitution, the President may grant conviction and sentence is release subject
reprieves, commutations and pardons, and to:
remit fines and forfeitures, after conviction 1. Conditions imposed by the court
by final judgement 2. Supervision of a probation officer
 He shall also have the power to grant 3. PD No. 068, Sec(a)
amnesty with the concurrence of a majority Parole
of all the Members of the Congress  Suspension of the sentence of a convict
General Exceptions to Executive Clemencies granted by a Parole Board after serving the
1. In case of impeachment minimum term of the indeterminate
2. As otherwise, in this Constitution, (e.g., for sentence penalty, without granting a
election offenses): No pardon, amnesty, parole, pardon, prescribing the terms upon which
or suspension of sentence for violation of the sentence shall be suspended.
election laws, rules, and regulations shall be
granted by the President without the Diplomatic Power
favourable recommendation by the Scope of Diplomatic Power
Commission on Election [Sec. 5, Art. IX]  The President, as the head of state, is
3. In case of legislative and civil contempt regarded as the sole organ and authority in
4. Before conviction by final judgement (except external relations and serves as the
amnesty) country's sole representative with foreign
5. Without concurrence of a majority of all nations. As the chief architect of foreign
members of Congress (In case of amnesty) policy, the President acts as the nation's
[Sec. 5, Art. IX] mouthpiece in international affairs.
Forms of Executive Clemency  The President is vested with the authority to:
1. Reprieves – A temporary relief from or 1. Deal with foreign states and
postponement of execution of a criminal governments;
penalty or sentence, or a stay of execution. 2. Extend or withhold recognition;
[Black's Law Dictionary] 3. Maintain diplomatic relations;
2. Commutations – Reductions of sentence. 4. Enter into treaties; and
[Black's Law Dictionary] 5. Transact the business of foreign relations
3. Amnesty – A sovereign act of oblivion for past  Pimentel v. Executive Secretary, G.R. No.
acts, granted by the government generally to 158088 (2005).
a class of persons who have been guilty, usually Treaty-Making Power
of political offenses, and who are subject to  As defined by the Vienna Convention on
trial but have not yet been convicted, often the Law of Treaties, a treaty is:
conditioned upon their return to obedience "An international instrument concluded
and duty within a prescribed time. [Black's Law between States in written form and
Dictionary] governed by international law, whether
embodied in a single instrument or in two or
more related instruments, and whatever its

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

particular designation." Fixing of Tariff Rates

(Bayan v. Executive Secretary, G.R. No.  Sec. 28, Art. VI – The Congress may by law,
138570 [2000]). authorize the President to:
Military Bases Treaty 1. Fix within specified limits
Section 25, Article XVIII of the Philippine 2. Subject to such limitations and
Constitution states that: restrictions as it may impose:
 After the expiration in 1991 of the a. Tariff Rates
Agreement between the Republic of the b. Import and export quotas
Philippines and the United States of America c. Tonnage and wharfage dues
concerning Military Bases, foreign military d. Other duties or imposts within the
bases, troops, or facilities shall not be framework of the national
allowed in the Philippines except under the development program of the
following conditions: government
1. A treaty duly concurred in by the
Senate Delegated Powers
2. If required by Congress, the treaty must  Sec. 23(2), Art. VI – The President, under
be ratified by a majority of votes cast by martial rule or in a revolutionary
the people in a national referendum government, may exercise delegated
3. The treaty must be recognized as such legislative powers
by the other contracting State  Emergency Power [Sec. 23, Art. VI]
Visiting Forces Agreement (VFA) 1. In time of war or other national
 The VFA is an implementing agreement to emergency, the Congress may by law,
the main RP-US Mutual Defense Treaty authorize the President, for a limited
 It provides for joint RP-US military exercises period, and subject to such restrictions
and is considered a valid agreement, as it is as it may prescribe, to exercise powers
a presence "allowed under" the RP-US necessary and proper to carry out a
Mutual Defense Treaty declared national policy
2. Unless sooner withdrawn by resolution of
Executive Agreements the Congress, such powers shall cease
1. Entered into by the President upon the adjournment thereof
2. May be entered into without the concurrence Residual Powers
of the Senate  These are the unstated power possessed by
3. Distinguished from treaties – International the President which are:
agreements involving political issues or 1. Not enumerated in the Constitution
changes in national policy and those involving 2. Implied with the grant of executive
international agreements of permanent power
character usually take the form of treaties 3. Not possessed by the legislative and
judiciary
Powers relative to Appropriation Measures Veto Powers
Contracting and guaranteeing foreign loans 1. General Veto Power (Sec. 27, Art. VI)
 Requisites for contracting and  Every bill passed by Congress shall be
guaranteeing foreign loans: presented to the President before it
a. With the concurrence of the monetary becomes a law
[Sec. 20, Art. VIII]  If the President approves, he shall sign it into
b. Subject to limitations as may be law
provided by law [Sec. 2, Art. XII]  If the President disapproves, he shall veto
c. Information on foreign loans obtained the bill and return it with objections to the
or guaranteed shall be made available House where it originated
to the public [Sec. 2, Art. XII]  The House of origin shall
Preparing and Submitting the Budget 1. Record the objections in its Journa
 Sec. 22, Art. VII – The President shall submit 2. Reconsider the bill
to the Congress within 30 days from the 3. If two-thirds of all Members vote to pass
opening of every regular session, as the the bill, it shall be sent to the other
basis of the general appropriations bill, a House for reconsideration
budget of expenditures and sources of 4. If two-thirds of the other House also
financing, including receipts from existing votes to approve, the bill becomes law
and proposed revenue measures  The votes shall be recorded as yeas or nays,
 The budget is the plan indicating: with the names of the Members entered in
o Expenditures of the government the Journal
o Sources of financing  The President must communicate his veto
o Receipts from revenue-raising within 30 days of receipt; otherwise, the bill
measures automatically becomes law as if signed

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 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

2. Line-Item Veto Power

 The President may veto specific items in
an appropriation, revenue, or tariff bill
 The vetoed items are excluded, but the
rest of the bill remains valid

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

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

Commissioner of Customs involving reduced by the legislature below the

customs duties. amount appropriated for the previous year
and, after approval, shall be automatically
and regularly released

Sec. 4, Art. VIII

1. The Supreme Court shall be composed of a
Chief Justice and Fourteen Associate Justice. It
may sit en banc or, at its discretion, in divisions
of three, five, or seven Members. Any vacancy
shall be filled within ninety (90) days from its
Quasi-Judicial Agencies
occurrence.
 Administrative bodies under the executive
2. All cases involving the constitutionality of a
branch performing quasi-judicial functions,
treaty, international or executive agreement, or
such as the National Labor Relations
law shall be heard by the Supreme Court en
Commission, the Employees Compensation
banc, along with all other cases required to be
Commission, the Securities and Exchange
heard en banc under the Rules of Court. This
Commission, the Insurance Commission,
includes cases involving the constitutionality,
among others, as well as the independent
application, or operation of presidential
Constitutional Commissions, do not form
decrees, proclamations, orders, instructions,
part of the integrated judicial system.
ordinances, and other regulations. Such cases
shall be decided with the concurrence of a
Sec. 2, Art. VIII
majority of the Members who actually took part
 The Congress shall have the power to
in the deliberations and voted on the issues.
define, prescribe, and apportion the
3. Cases or matters heard by a division shall be
jurisdiction of various courts but may not
decided or resolved with the concurrence of a
deprive the Supreme Court of its jurisdiction
majority of the Members who participated in
over cases enumerated in Section 5 hereof
the deliberations and voted on the issues, and
 No law shall be passed reorganizing the
in no case, without the concurrence of at least
Judiciary when it undermines the security of
three Members. If the required number is not
tenure of its Members
obtained, the case shall be decided en banc.
No doctrine or principle of law established by
Jurisdiction of Courts
the Court in a decision rendered en banc or in
 Jurisdiction is the power and authority of
division may be modified or reversed except
court to hear, try, and decide a case. It
by the Court sitting en banc.
may be:
1. General – When it empowered to
The Supreme Court
decide all disputes that may come
1. Composition
before it, except those assigned to
a. Chief Justice and 14 associate justices
other courts.
b. May sit en back or in division of 3, 5, or 7
2. Limited – When a court has authority to
members
hear and determine only a few
c. Vacancy shall be filled within 90 days from
specified cases.
the occurrence thereof
3. Original – When a court can try and
d. Strict Composition: There is but one
decide a case presented for the first
Supreme Court whose membership
time. It may be exclusive or concurrent.
appointments are permanent
4. Appellate – When a court can take a
How many divisions can it have?
case that has already been heard and
 2 Divisions – 7 members
decided by a lower court and is brought
 3 Divisions – 5 members
before it on appeal.
 5 Divisions – 3 members
5. Exclusive – When a court can try and
decide a case that cannot be
En Banc and Division cases
presented before any other court.
 En Banc: Cases decided with the
6. Concurrent – When two or more courts
concurrence of a majority of the Members
may take cognizance of a case.
who actually took part in the deliberations
7. Criminal – Jurisdiction that exists for the
and voted
punishment of crime.
Instances when the SC Sits En Banc
8. Civil – Jurisdiction that applies when the
a. Those involving the constitutionality,
subject matter is not of a criminal
application, or operation of:
nature.
1. Treaty
Sec. 3, Art. VIII 2. International or Executive Agreement
 The Judiciary shall enjoy fiscal autonomy. 3. Law
Appropriations for the Judiciary may not be 4. Presidential Decrees

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 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

5. Proclamations  Not diminish, increase, or modify substantive

6. Instructions rights.
7. Proclamations  Rules of procedure of special courts and
8. Ordinances quasi-judicial bodies shall remain effective
9. Other regulations unless disapproved by the Supreme Court
b. Exercise of the power to discipline judges of 6. Appoint all officials and employees of the
lower courts, or order their dismissal (Sec. 11, Judiciary in accordance with the Civil Service
Art. VIII). Law.
c. Discipline of judges can be done by a division,
but En Banc decides cases for dismissal, Powers and Functions
disbarment, suspension for more than 1 year, or Procedural Rule-Making
fine of more than P10,000 (People v. Gacott,  Sec. 5, Art. VIII. The Supreme Court shall
G.R. No. 116049 [1995]). have the following powers: [...]
d. Cases or matters heard by a Division where the  Promulgate rules concerning the protection
required number of votes to decide or resolve and enforcement of constitutional rights,
these is not met (Sec. 4 (3), Art. VIII). pleading, practice, and procedure in all
e. Modifying or reversing a doctrine or principle of courts, the admission to the practice of law,
law laid down by the court in a decision the Integrated Bar, and legal assistance to
rendered en banc or in division (Sec. 4 (3), Art. the underprivileged.
VIII).  Limitations:
a. Shall provide a simplified and
Sec. 5, Art. VIII inexpensive procedure for the speedy
The Supreme Court shall have the following powers disposition of cases.
1. Exercise original jurisdiction over cases b. Must be uniform for all courts in the
affecting ambassadors, other public ministers, same grade.
and consuls, and over petitions for certiorari, c. Shall not diminish, increase, or modify
prohibition, mandamus, quo warranto, and substantive rights.
habeas corpus. Period for Deciding Cases [Sec. 15(1), Art. VIII]
2. Review, revise, reverse, modify, or affirm on  Supreme Court – 24 months
appeal or certiorari, as the law or the Rules of  Lower Collegiate Courts – 12 months, unless
Court may provide, final judgments and orders reduced by the SC
of lower courts in:  Other Lower Courts – 3 months, unless
a. All cases in which the constitutionality or reduced by the SC
validity of any treaty, international or  Upon expiration of the period, the Chief
executive agreement, law, presidential Justice or presiding judge shall issue a
decree, proclamation, order, instruction, certification stating why the decision or
ordinance, or regulation is in question. resolution has not been rendered within the
b. All cases involving the legality of any tax, period [Sec. 15(3), Art. VIII]
impost, assessment, or toll, or any penalty Original Jurisdiction [Sec. 5(1), Art. VIII]
imposed in relation thereto. a. Cases affecting ambassadors, other public
c. All cases in which the jurisdiction of any ministers, and consuls.
lower court is in issue b. Petition for certiorari – It is a writ issued by a
d. All criminal cases in which the penalty superior court requiring a lower court, board, or
imposed is reclusion perpetua or higher. officer exercising judicial functions to transmit
e. All cases in which only an error or question the records of a case to the superior court for
of law is involved. purposes of review.
3. Assign temporarily judges of lower courts to c. Petition for prohibition – It is a writ by which a
other stations as public interest may require. superior court commands a lower court,
Such temporary assignment shall not exceed six corporation, board, or person acting without or
months without the consent of the judge in excess of his jurisdiction, or with grave abuse
concerned. of discretion, to desist from further proceedings
4. Order a change of venue or place of trial to in an action or matter.
avoid a miscarriage of justice d. Petition for mandamus – It is an order issued by
5. Promulgate rules concerning the protection a superior court commanding a lower court,
and enforcement of constitutional rights, corporation, board, or person to perform a
pleading, practice, and procedure in all courts, certain act which it is their duty to do.
the admission to the practice of law, the e. Petition for quo warranto – It is an action by the
Integrated Bar, and legal assistance to the government to recover an office or franchise
underprivileged. Such rules shall: from an individual or corporation usurping or
 Provide a simplified and inexpensive unlawfully holding it.
procedure for the speedy disposition of f. Petition for habeas corpus – When granted, the
cases. writ shall be directed against the officer holding
 Be uniform for all courts of the same grade. custody of the person or, in the case the

TRANSCRIBE BY: ANGELICA CRUZ

BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

restraint is caused by a person not an officer, Qualifications of Members of the Judiciary

the person responsible for said detention; and
he shall have to produce the body of the
person restrained before the court or judge
designated in the writ.
Appellate Jurisdiction [Sec. 5(2), Art. VIII]
 On appeal or certiorari (as the Rules of
Court provide), the Supreme Court may
review, revise, reverse, modify, or affirm final
judgments and orders of lower courts in:
a. Cases involving the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential
decree, proclamation, order,
instruction, ordinance, or regulation,
except in circumstances where the
Court believes that resolving the issue of
constitutionality of a law or regulation at
the first instance is of paramount
importance and immediately affects
the social, economic, and moral well-
being of the people [Moldex Realty v.
HLURB, G.R. No. 149719 (2007)].
b. Cases involving the legality of any tax,
impost, assessment, or toll, or any
penalty imposed in relation thereto.
c. Cases in which the jurisdiction of any
lower court is in issue.
d. Criminal cases where the penalty
Sec. 8, Art. VIII
imposed is reclusion perpetua or higher.
1. A Judicial and Bar Council is hereby created
e. Cases where only a question of law is
under the supervision of the Supreme Court
involved.
composed of the Chief Justice as ex officio
WEEK 11: ARTICLE VIII Chairman, the Secretary of Justice, and a
JUDICIAL DEPARTMENT representative of the Congress as ex officio
Members, a representative of the Integrated
Sec. 6, Art. VIII Bar, a professor of law, a retired Member of the
 The Supreme Court shall have Supreme Court, and a representative of the
administrative supervision over all courts private sector.
and the personnel thereof 2. The regular Members of the Council shall be
 The Supreme Court exercises administrative appointed by the President for a term of four
supervision over all courts from the Court of years with the consent of the Commission on
Appeal down to the lowest courts and the Appointments. Of the Members first appointed,
personnel thereof the representative of the Integrated Bar shall
serve for four years, the professor of law for
Sec. 7, Art. VIII three years, the retired Justice for two years,
1. No person shall be appointed Member of the and the representative of the private sector for
Supreme Court or any lower collegiate court one year.
unless he is a natural-born citizen of the 3. The Clerk of the Supreme Court shall be the
Philippines. A Member of the Supreme Court Secretary ex officio of the Council and shall
must be at least forty years of age, and must keep a record of its proceedings.
have been for fifteen years or more a judge of 4. The regular Members of the Council shall
a lower court or engaged in the practice of receive such emoluments as may be
law in the Philippines. determined by the Supreme Court. The
2. The Congress shall prescribe the qualifications Supreme Court shall provide in its annual
of judges of lower courts, but no person may budget the appropriations for the Council.
be appointed judge thereof unless he is a 5. The Council shall have the principal function of
citizen of the Philippines and a member of the recommending appointees to the Judiciary. It
Philippine Bar. may exercise such other functions and duties
3. A Member of the Judiciary must be a person of as the Supreme Court may assign to it.
proven competence, integrity, probity, and
independence. Judicial and Bar Council
a. Composition

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BSMEDTECH 2 Y2-7 | OLFU-QC
 PPGC 211
Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

Ex-officio member  For the lower courts, the President shall

 Chief Justice as Ex-officio Chairman issue the appointments within 90 days from
 Secretary of Justice the submission of the list
 One representative of Congress
Regular Members Sec. 10, Art. VIII
 Representatives of the Integrated Bar  The salary of the Chief Justice and of the
 Professor of Law Associate Justices of the Supreme Court,
 Retired member of the SC and of judges of lower courts shall be fixed
 Representative of private sector by law. During their continuance in office,
Secretary ex-officio [Sec. 8), Art. VIII] their salary shall not be decreased
 Clerk of Court if the SC, who shall keep a
record of its proceedings; not a member of Sec. 11, Art. VIII
the JBC  The Members of the Supreme Court and
judges of lower courts shall hold office
Appointment, Tenure, Salary of JBC Member during good behavior until they reach the
 Ex-officio – The position in the Council is age of seventy years or become
good only while the person is the occupant incapacitated to discharge the duties of
of the office their office.
 Regular members [Sec. 8(2), Art. VIII] – The  The Supreme Court en banc shall have the
regular members shall be appointed by the power to discipline judges of lower courts,
President with the consent of the or order their dismissal by a vote of a
Commission on Appointments majority of the Members who actually took
 The term of the regular members is 4 years. part in the deliberations on the issues in the
But the term of those initially appointed case and voted thereon.
shall be staggered in the following way so  The Members of the Supreme Court and
as to create continuity in the council: judges of lower courts shall hold office
1. IBP representatives: 4 years during good behavior until they reach the
2. Law professor: 3 years age of seventy years or become
3. Retired justice: 2 years incapacitated to discharge the duties of
4. Private sector: 1 year their office.
b. Powers  The Supreme Court en banc shall have the
 Primary Function – Recommended power to discipline judges of lower courts,
appointees to the judiciary; may exercise or order their dismissal by a vote of a
such other functions and duties as the SC majority of the Members who actually took
may assign to it [Sec. 8(5), Art. VIII] part in the deliberations on the issues in the
Procedure of Appointment case and voted thereon.
 The Members of the Supreme Court and
judges of lower courts shall be appointed Tenure of office of Members of the Judiciary
by the President from a list of at least three 1. Importance of security of tenure – Section 11
nominees prepared by the Judicial and Bar insures the security of tenure of the members of
Council for every vacancy. Such the Supreme Court and the judges of lower
appointments need no confirmation. [Sec courts.
9. Art, VIII] 2. Retirement Age – The retirement age in the
 The Supreme Court shall be composed of a 1973 Constitution was reduced from the original
Chief Justice and fourteen Associate 70-65 years, which is the retirement age of
Justices. It may sit en banc or in its other non-elective government officials and
discretion, in divisions of three, five, or seven employees, and later restored again to 70
Members. Any vacancy shall be filled within 3. Termination of right to hold office – The
ninety days from the occurrence thereof. Constitution provides for the impeachment of
[Sec. 4 (1), Art. VIII] the members of the Supreme Court (Article XI,
 For the lower courts, the President shall issue Section 2). As for judges of lower courts,
the appointments within ninety days from Congress has the power to prescribe the
the submission of the list. [Sec. 9, Art. VIII] procedure and the causes for their removal.
4. Abolition of Office – It is a well-known rule that
Sec. 9, Art. VIII valid abolition of offices is neither removal nor
 The Members of the Supreme Court and separation of the incumbents; removal from
judges of lower courts shall be appointed office is to be distinguished from termination by
by the President from a list of at least 3 virtue of the abolition of the office.
nominees prepared by the Judicial and Bar
Council for every vacancy. Such Sec. 12, Art. VIII
appointments need no confirmation  The Members of the Supreme Court and of
other courts established by law shall not be
designated to any agency performing
quasi-judicial or administrative functions

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Professor: Sir. Emilio Lobederio, Jr. | 2nd Semester | S.Y. 2024-25
Prepared by: Cruz, Angelica S. | BSMEDTECH 2 Y2-7

 The SC and its members should not and 4. Despite the expiration of the applicable
cannot be required to exercise any power mandatory period, the court, without prejudice
or to perform any trust or to assume any to such responsibility as may have been
duty not pertaining to or connected with incurred in consequence thereof, shall decide
the administering of judicial functions or resolve the case or matter submitted thereto
 [Meralco v. Pasay Transportation Co, G.R. for determination, without further delay.
No. L-37838 (1932)]
Maximum periods for rendition of decisions
Sec. 13, Art. VIII  From date of submission for decision or
Requirements for Decision and Resolutions resolution – By constitutional mandate, the
 The conclusions of the Supreme Court in various courts must decide or resolve a
any case submitted to it for decision en case or matter submitted thereto within the
banc or in division shall be reached in following periods from the date of
consultation before the case is assigned to submission
a Member for the writing of the opinion of o Supreme Court – Within 24 months
the Court. A certification to this effect o The Court of Appeals and other
signed by the Chief Justice shall be issued collegiate appellate courts – Within
and a copy thereof attached to the record 12 months unless reduced by the
of the case and served upon the parties. Supreme Court
Any member who took no part, or o Lower courts – Within 3 months
dissented, or abstained from a decision or unless reduced by the Supreme
resolution must state the reason therefor. Court
The same requirements shall be observed  A case or matter is deemed submitted for
by all lower collegiate courts decision or resolution from the date the last
pleading (Sec. 5(5)), brief, or memorandum
Sec. 14, Art. VIII is filled
 No decision shall be rendered by any court
without expressing therein clearly and Pleading
distinctly the facts and the law on which it is  Provide notice to the defendant that a
based lawsuit has been instituted concerning a
 No petition for review or motion for specific controversy or controversies.
reconsideration of a decision of the court  Provides notice to the plaintiff of the
shall be refused due course or denied defendant's intentions with regard to the
without stating the legal basis therefor. suit. [Cornell Law School]
Brief
Meaning of Decision  A written argument submitted to the court.
 Decision is the judgement rendered by a  Lawyers often prepare briefs that highlight
court of justice or other competent tribunal and clarify certain information or provide
after the presentation of the respective legal comparisons in an attempt to
positions of the parties in an ordinary or persuade the courtroom to rule in favor of
criminal case or upon a stimulation of facts that lawyer’s client. [Cornell Law School]
upon which the disposition of the case is Memorandum
based  In a legal sense, can refer to a
comprehensive and organized written
Sec. 15, Art. VIII document that summarizes and analyzes
1. All cases or matters filed after the effectivity of relevant laws based on legal research to
this Constitution must be decided or resolved support a conclusion on a particular legal
within twenty-four months from the date of issue. It is usually includes a description of
submission for the Supreme Court, and, unless factual background of the subject case or
reduced by the Supreme Court, twelve months fact pattern, a statement of the legal issues
for all lower collegiate courts, and three months to be discussed, an introduction of the
for all other lower courts. relevant laws, an analysis of how the law
2. A case or matter shall be deemed submitted should apply to specific facts and a
for decision or resolution upon the filing of the conclusion. [Cornell Law School]
last pending brief or memorandum required by
the Rules of Court or by the court itself.
3. Upon the expiration of the corresponding Sec. 16, Art. VIII
period, a certification to this effect, signed by  The Supreme Court shall, within thirty days
the Chief Justice or the presiding judge, shall from the opening of each regular session of
forthwith be issued, and a copy thereof the Congress, submit to the President and
attached to the record of the case or matter the Congress an annual report on the
and served upon the parties. The certification operations and activities of the Judiciary.
shall state why a decision or resolution has not
been rendered or issued within said period.

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