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Sec 5. “ HR shall be compose of X more than 250 a. Navarro v. Ermita (2011) A proposed province
members, unless otherwise fixed by law, who shall be composed of one or more islands need not
(1) elected from legislative districts apportioned comply with the 2000 sq.meter contiguous
among the provinces, cities and the Metropolitan territory requirement under the LGC.
Manila area xxx and those who, as provided by law, b. Macias v. COMELEC authority for the view
shall be (2) elected through a party-list system of that “The validity of a legislative apportionment
registered national. Regional and sectoral parties/org.” measure is a JUSTICIABLE QUESTION,
(2) The PLR shall constitute 20% of the total involving as it does certain requirements the
membership of the HR. For 3 consecutive terms after interpretation of which does not call for the
the ratification of this constitution, ½ (10%??) of the exercise of legislative discretion.
seats allocated to to PLR shall be filled, as provided by c. Herrera v. COMELEC The basis for
law, by selection or election from LABOR, “districting is the number of INHABITANTS” of a
PEASANT, URBAN POOR, ICC, WOMEN, YOUTH, province/city, and NOT the no. of its registered
and such OTHER sectors as may be provided by laws, inhabitants.
EXCEPT THE RELIGIOUS SECTOR. *250K requirement applies ONLY to cities, and NOT
(3) Each legislative district shall comprise, as far as to provinces, although the LGC provides for a min.
practicable, CONTIGUOUS, COMPACT and population of 250K as an alternative req for the
ADJACENT territory. Each city with a population of establishment of a province.
at least 250K, or each province, shall have at least **Additional 250K population req is also NOT
ONE REP. NECESSARY to the creation of an ADDITIONAL
(4) W/in 3 years following the return of every census, LEG. DISTRICT for cities/provinces.
the Congress shall make a reappointment of legislative - Mariano v. Comelec (1995) “ Any province that
districts based on the standards provided in this may hereafter be created, or any city whose
section. population may hereafter increases to more than
250K SHALL be entitled in the immediately ff.
A. THE DISTRICT REPRESENTATIVES election to atleast one member or such number of
250 members were originally provided for in members as it may be entitled to on the basis of
the HR to be directly elected from the various the no. of inhabitants xx. ”
legislative districts created by the Ordinance Ex. Conversion into a Highly Urbanized city=
appended in the 1987 Consti. automatically resulted in its establishment as a
Territory was divided into 13 regions, in turn legislative district. It should be noted that a
comprising 200 districts apportioned among PLEBISCITE was necessary for the validity of
the P, C, MM in accordance w/ the no. of their said CONVERSION. However, the same may be
respective inhabitants and on the basis of a dispensed with where NO NEW TERRITORY or
uniform and progressive ratio. NO CHANGE in an existing territory is made
- This initial apportionment shall be subject to under the law, and ONLY A
adjustment by the Congress w/in 3 yrs ff. the
REAPPORTIONMENT or the creation of an a. Marginalized and Underrepresented
additional district is done. Labor, Peasant, Fisher Folk, Urban Poor,
**Power to create legislative districts Only ICC, Handicapped, Veterans And OW.
Congress. That is why in Sema v. COMELEC, the b. Lack well defined political
Muslim Mindanao Autonomay Act, authorizing the constituencies Professionals, elderly,
gov’t of the ARMM to CREATE PROVINCES and women, youth.
CITIES= UNCONSTI. Because such power involves - ENUMERATION IS NOT EXCLUSIVE. As long as
the power to create legislative district which only such particular org complies with the
Congress possesses. It may however, be authorized by requirements of the Consti & RA 7941.
law to create MUNICIPALITIES and BRGYs. - Majority of its members MUST belong to such
category.
B. THE PARTY LIST REPRESENTATIVE - The nominees of sectoral parties that represent
- “shall constitute 20% of the total membership them must either (1) belong to their respective
of the body (HR), including such sector or (2)must have a track record of advocacy
representatives. for their respective sector. (to be called a “bona
- Selection of the party list representatives are fide” mem)
embodied in RA 7941.
Sec 2. “xx proportional representation in the D. N/R/S shall not be DQ if some of their nominees
election of representatives in the election thru are DQ, provided that they have at least ONE
a party-list system of registered N, R, and OMINEE who remains qualified.
Sectoral parties/org/coalitions thereof, which
will enable Fil Citizens belonging to the PLS is intended to democratize political power
marginalized and underrepresented sectors, by giving political parties that cannot win in
and who lack well defined political legislative district elections a chance to win
constituencies xx to become members of the seats in the HR.
HR xx “ Not LATER THAN 90 days before election,
a. Atong Paglaum v. COMELEC (2013) any Political Party/Org/ Coalition may file a
“SC, in setting the parameters for participation in VERIFIED PETITION through its president
the party-list elections, clarified that, consistent or secretary for its participation in the PLS,
with the provisions of sec 5 (1), the PLS provides attaching a copy of its constitution, by laws
for 3 different groups, (1) national, (2) regional, platform, officiers and such other relevant info
(3) sectoral. as may be required by the COMELEC.
a. N/R DO NOT NEED to organize along Petition shall be PUBLISHED in at least 2 NP
sectoral lines and do not need to represent any of GC and, after due notice and hearing, be
“marginalized and underrepresented” sector. resolved w/in 15 days and in no case later
b. Political Parties can participate in Part-list than 60 days before election.
elections provided: Upon registration, the political group shall
1. They register under the PLS; and submit to the COMELEC not later than 45
2. DO NOT FIELD candidates in legislative days before election, at least 5 names from
district elections. w/c its representatives may be chosen in case
- Otherwise, they can only participate in the it obtains the required no. of votes.
PLE only thru its SECTORAL WING that - Under the law, the names of the PL nominees shall
can separately register under the PLS. not be shown on the certified list of participants in
- The sectoral wing is by itself an independent the PLS to be distributed by the COMELEC
sectoral party, and is linked to a political among all precints (Conflict: Duty of the
party through a coalition. COMELEC to disclose and release the names of
C. Sectoral Parties may either be “marginalized and the nominees of the PL groups.
underrepresented” or lacking in “well-defined Only persons who have given their consent in
political constituencies”. writing may be named as PL candidates, and in
- It is enough that their principal advocacies one list only. Persons who lost in the immediately
pertains to special interest/concern of their preceding election are INELIGIBLE.
sector. Nominee of the youth sector must at least be 25
but not more than 30 on the day of the election.
(Amores v. HRET 2010) (hindi na youth ang Residence:
31!) a. DR must be in the district, not in the province
“No officer or employee in the CS shall engage comprising the district, for 1 year immediately
directly or indirectly in any electioneering or before the election.
partisan political campaign” - Ensure familiarity with the conditions and
No change of names or alteration of the order of problems of the constituency sought to be
nominees shall be allowed after it has been filed represented.
EXCEPT:EXCLUSIVE!!! (Death, withdraws in b. PLR must be a resident of the PH, and not any
writing, incapacitated-nominee), in w/c case the particular district for a period of at least 1 year
name of the substitute shall be places last in the immediately before the election.
list. RA 9225- Citizenship Retention and
Incumbent sectoral reps in the HR who are Reacquisition Act of 2003.
nominated in the PLS shall not be considered - NBF citizens who have been, or intended to be
resigned. naturalized in a foreign country, shgall upon
Participants in the PLS shall be ranked according taking the oath of allegiance, be deemed to have
to the no. of votes they received, w/ those getting reacquired, or shall retain their PH Citizenship.
at least 2% of the total votes cast for the system to “Not to have lost their PH citizenship”.
be entitled to one seat/each. NONE OF THEM - Unmarried child, below 18 yrs. of those who
SHALL HAVE MORE THAN 3 SEATS. reacquire PH Citizenship upon effectivity of this
DISQUALIFIED: Act shall likewise be deemed citizens of PH.
a. Religious Sec; - For those running for public police- “make
b. Foreign Parties; personal and sworn renunciation of ANY AND
c. Parties w/c receive support from FOREIGN ALL FOREIGN CITIZENSHIP= Ceases to be a
POLITICAL PARTY; dual citizen.
d. Ceased to exist for at least 1 year - Right to VOTE or be ELECTED/ APPOINTED
e. Failed to participate in the last 2 preceding to any public office CANNOT be exercised by or
elections. extended to those who are CANDIDATES for or
Sec 6. Failure to obtain at least 2% of the votes cast occupying any PUBLIC OFFICE in the country
under PLS in the 2 preceding elections for the of which they are naturalize or are in active
constituency in which it has registered (UNCONSTI!) service as commissioned or non-commissioned
officers in the armed forces of the country of
BANAT V. COMELEC. “For every 4 district rep, there which they are nationalized citizens.
shall be one party-list rep”. Hence, there is no need for - A NBC who either retains or reacquired his
legislation to create an additional party-list seat aforesaid citizenship upon taking the second oath
whenever 4 additional legislative districts are created of allegiance where he, this time, makes a
by law. – Automatic creation of additional party-list personal and sworn renunciation of any and all
seat. foreign citizenship.
- BASA PA MORE!!!!! Assailing one’s citizenship according to CA 473
may be done only BY THE STATE, through its
QUALIFICATIONS: representation designated by the Statute.
Sec 6.”No person shall be a member of the HR - X PRIVATE PERSON
unless he is a NBC of the PH and, on the day of the Right to vote Resided PH (1yr) ***
election, is at least 25, able to R & W, and except the Place to vote (6mos)
PLR, a registered voter in the district in which he ***Exception: Section 2, ART V. “Absentee Voting
shall be elected, resident thereof for a period of not for qualified voters abroad”.
less than 1 year immediately preceding the day of the
election”. a. Nicolas v. COMELEC. SC upheld the right to be
registered as a voter of a DUAL CITIZEN who
was then concededly a NON-RESIDENT of PH.
Reiterated the ruling in “Macalintal v.
COMELEC- NR to vote under the Oversees
In addition, the PLR must be a bona fide member Absentee Voting Act. There is no provision in the
(belong/ advocate) of the party he seeks to Dual Citizen Law (RA 9225) requiring duals to
represent at least 90 days before the election day. actually establish residence and physically stay in
the PH first before they can exercise to vote. The interruption need not be for a full term of
DUALS SAME AS OVERSEES. The goal of RA 3 years or for the major part of the 3-year
9189 is to enfranchise as much as possible all term; an interruption FOR ANY LENGTH of
who, save for the residency requirements time, provided the cause is INVOLUNTARY,
exacted of an ordinary voter under the ordinary is sufficient to break the continuity of service.
conditions, are qualified to vote. Defeated in an election protest and said
decision becomes final after he had served the
TERM (SEC 7. 3 YRS- x 3 TERMS=9 YRS) full term for said office, then his loss in the
Purpose: Synchronize Election, which in the case of election protest X= INTERRUPTION since he
the Senate are held every 3 year interval; Pres & VP has managed to serve the term from start-
every 6 years. finish. Nullification of his proclamation came
Local Officials 3 years. after the expiration of the term.
a. Abundo v. COMELEC (2013) Rules in
connection with the consecutiveness of terms and ELECTION- 2ND MONDAY of May.
involuntary interruptions thereof in connection Every 3 years, ALL the members of the HR and ½
with the application of the rules on their terms for of the senate are up for election, or re-election if
elective offices both under the Consti and other still allowed.
pertinent law. Filling up of vacancies for the unexpired portion
PERMANENT VACANCY- Elective through SPECIAL ELECTION is not necessary if
position and the official merely assumed (rule the vacany pertained to seat occupied by a PLR in
on succession), then his service for the which case, the same would be filled up by the
UNEXPIRED PORTION= X Full term as next rep from the list of nominees in the order
contemplated under the subject constitutional submitted to the COMELEC who shall serve for
and statutory provision that service cannot be the Unex term. If the list is exhausted, submit
counted in the application of any term limit. additional nominees.
*If the official runs again for the same
position he held prior to his assumption of SALARIES (ART 6)
the higher office, then his succession to said Sec 10. “xx determined by law. No increase in said
position is by operation of law and is compensation shall take effect until after the
considered an INVOLUNTARY expiration of the FULL TERM of ALL MEMBERS of
SEVERANCE or INTERRUPTION. the SENATE and the HR approving such increase. “
An elective official, who has served for 3 cons.
Terms and who did not seek the elective Sec 20. “Records and book of account of the Congress
position for what could be his 4th term, but shall be preserved and be open to the public xx
LATER WON in a RECALL ELECTION, audited by the COA which shall publish annually an
had an interruption in the continuity of the itemized list of amounts paid to and expenses incurred
official’s service. (From end of his term- recall for each member xx”
election he had become a private citizen) No prohibition against receipt of allowances
Abolition of an elective local office by the members of the Congress.
(Conversion Muni- City) X= Interruption of Law allowing retirement benefits
the incumbent official’s continuity of service. immediately available upon its approval has
X= Preventive Suspension. Elective officer’s been UNCONSTI since it is made available
continued stay and entitlement to the office w/o awaiting the expiration of the FULL
remain unaffected although he is barred from TERM of ALL MEMBERS of the SENATE
exercising the functions of his office during and the HR approving such increase. (Phil
this period. Cons Assoc v. Gimenez)
Candidate- Proclaimed Winner and assumes
office is later on ousted from office for losing PARLIAMENTARY IMMUNITIES
in an election protest= INTERRUPTION. Sec 11. “xx offenses punishable by X 6 yrs. of
Thus disenabling him from serving what imprisonment, be privileged from ARREST while the
would otherwise be the unexpired portion of Congress is in session. No member shall be
his term of office had the protest been questioned nor held liable in any other place for ANY
dismissed. SPEECH or DEBATE in the Congress or in any
committee thereof.
2 KINDS OF IMMUNITIES INCOMPATIBLE OR FORBIDDEN OFFICES
a. Immunity from arrest ensure representation of
the constituents of the mem of the Cong by Sec 13. xx may hold ANY OTHER OFFICE xx without
preventing attempts to keep him from attending its forfeiting his seat. Neither shall he be appointed to
sessions. any office which may have been created or the
b. Privilege of Speech and Debate To express emoluments thereof increased during the term for
views bearing upon public interest w/o fear of which he was elected.
accountability outside the halls of the legislature
for his inability to support his statements with the Incompatible offices prevent him from owing
usual evidence required in court. “On matters to be loyalty to another branch of gov’t, to the detriment of
divulged for the public good” the independence of the legislature and the doctrine of
SP.
I- PRIVILEGE FROM ARREST PROHIBITION IS NOT ABSOLUTE. What
“Session” does not refer to the day-to-day is not allowed in the simultaneous holding.
meetings of the legislature but to the ENTIRE Any legislator may hold another office
PERIOD. (INITIAL CONVENING - FINAL provided he forfeits his position in the
ADJOURNMENT.) Congress. Forfeiture of the seat or cessation of
his tenure, shall be automatic upon the
II- PRIVILEGE FROM SPEECH & DEBATE holding of the incompatible office. No
1. Remarks must be made while the legislature is in resolution is necessary to declare his position
congress; and vacant.
2. They must be made in connection with the a.. Term time during w/c an officer may
discharge of official duties. (Coffin v. Coffin) claim to hold the office as a matter of right.
a. Jimenez v. Cabangbang “Congress was in recess b. Tenure period during which the
and in his private capacity” incumbent actually holds the office.
NOT EVERY OTHER OFFICE is to be
NOT ABSOLUTE. The rule provides that the regarded as incompatible w/ the legislative
legislator may not be questioned “in any other position, (Ex. Membership in the Electoral
place”, which means that he may be called to Tribunals.) or if it can be shown that the 2 nd
account for his remarks by his own colleagues in office is an EXTENSION OF THE
the Cong itself and, when warranted, punished for LEGISLATIVE POSITION/ in aid of
“disorderly behavior”. legislative duties. (ex officio mem in the UP
a. Pobre v. Defensor-Santiago (2009) Board of Regents, Treaty Negotiators)
Parliamentary Immunity must not be allowed to be
used as a vehicle to ridicule, demean, and destroy Forbidden Office Legislator cannot be appointed to
the reputation of the Court xx nor as armor for any office which may have been created or the
personal wrath and disgust. It is not an individual emoluments thereof increased during the term for
privilege accorded to individual members of the which he was elected.
Cong for their personal benefit, but rather for the Prevent trafficking in public office. Future
people and the institution that represents them. security at the expense of the public service.
X APPLY to Elective positions which are filled
CONFLICT OF INTEREST by the voters themselves.
Sec 12. All members of the Senate and the HR shall, The appointment of the mem of the Cong to the
upon assumption of office, make FULL forbidden office is not allowed only DURING
DISCLOSURE of their financial and business THE TERM for which he was elected, when
interests. They shall notify the house of a potential such office was created or emoluments were
conflict of interest that may arise from the filing of a increased. After such term, and even if the
proposed legislation of which THEY ARE legislator is re-elected, the DQ no longer
AUTHORS. applies.
b. Bondoc v. Pineda- As judges, the mem of the ET -Limit the president’s appointing power.
must be NON-PARTISAN. Hence, disloyalty to Sec 18. x x COA consisting of the SP, as ex officio
party and breach of party discipline are not valid Chariman, 12 senators and 12 members of the HR,
grounds for the expulsion of a mem of the elected by each house on the basis of proportional
Tribunal. representation from the political parties and org
registered under the PLS represented therein. The
-Jurisdiction of an ET begins once a winning chairman of the Commission shall not vote, except in a
candidate has been proclaimed, taken his case of a tie. The Commission shall act on all
oath, and assumed office, for it is only after appointments submitted to it w/in 30 session days of
the occurrence of these events that a candidate the Congress from their submission. The Commission
can be considered as either member of S or shall rule by majority vote of all the members. x x
HR.
“The proclamation of a candidate following the - Ad interim appointments not acted upon at the
election DIVESTS COMELEC of Jurisdiction time of the adjournement of the Congress, even if
over disputes relating to election, returns and the 30 days period has not yet expired= deemed by
qualifications of the proclaimed winner- passed.
candidate. – Remedy Electoral Protest
before the Electoral Tribunal. Sec 19. ET and COA shall be constituted w/in 30 days
after the S and HR shall have been organized with the
c. Reyes v. COMELEC (2013) election of SP and Speaker. The COA shall meet only
Jurisdiction of HR begins only after the candidate while the Cong is in session, at the call of its chairman
is considered a member of the HR. or a majority of all its members. xx
To be considered a member: (Concurrence of all)
a. Valid Proclamation - The rue that COA shall meet only while the Cong
b. Proper Oath Taken before the Speaker in is in session is the reason why ad interim
“open session”: the 4th Monday of July. appointments are permitted. These appointments
are made during recess, subject to consideration Pres Macapagal entered into 2 EA for the importation
later by the COA, for confirmation or rejection. of cereals w/o complying with a statutory requirement
- Ad interim appointments shall be effective only for the prior obtention from thr NEC of a certification
until disapproval by COA or until the next of a shortage of cereal.
adjournment of the Cog, referring to the SC- “Statute should prevail. The executive may not
adjournment of the regular or special session interfere in the performance of the LP of the legislative
immediately following the recess when said except in the exercise of the veto power. He may not
appointments were made. defeat legislative enactments by indirectly repealing
- But where the Cong is in session, the President the same through an EA providing for the performance
must first clear his nominations with the COA, w/c of the very act prohibited by such laws.”
is why it must be constituted as soon as possible.
Unless it is organized, no appointment can be b. Datu Michael Abas Kida v. Senate of the Phil.
made by the Pres in the meantime. “Subsequent laws that do not change or revise any
- In case of the ET, the reason is obvious. provision in an earlier law, and which merely fill in
Considering the rash of election contests already gaps or supplement said earlier law, cannot be
awaiting to be filed later. This is why unlike the considered as amendments of the latter”
COA, ET are supposed to continue functioning
even during the recess. c. League of the Cities of the PH v. COMELEC
“Legislative body possesses PLENARY POWERS for
CHAPTER 9. POWERS OF THE CONGRESS all purposes of civil gov’t. Any power, deemed to be
Classified: Legislative or Non-legislative. legislative by USAGE and TRADITION, is
LEGISLATIVE POWERS includes the specific necessarily possessed by Congress, unless Consti has
powers of appropriation, taxation and lodged it elsewhere. “
expropriation.
NON-LEGISLATIVE canvass the presidential - Power to grant immunity from prosecution has
elections POWERS, power to, declare the been acknowledged as essentially a Legislative
existence of a state of war, to give concurrence Prerogative. “Power of Cong to define crimes and
to treaties and amnesties, and to impeach. to provide for their punishment carries the power
to immunize certain persons from prosecution of
IMPLIED POWERS such as the power to punish crimes with high political, social and economic
contempt in legislative investigations. impact.
INHERENT POWER to determine its rules of However, it cannot provide for terms which would go
proceedings and the discipline of its members. beyond what the constitution provides.
1. IRREPEALABLE Laws- changed the voting
I- LEGISLATIVE POWER in general requirement for amendment to 2/3 of vote of the
-Power of lawmaking, the framing and members of the HR and Senate voting separately.
enactment of laws. This is effected through (Interferes with the plenary powers of the
the adoption of a bill, once approved, become Congress)
a statute. 2. Create a new term and appoint the occupant of the
Statute “the written will of the legislature, solemnly position for the new term= Intrusion of the
expressed according to the forms necessary to appointment power of the Cong.
constitute it the law of the state”. 3. Cannot grant legislative franchise for the operation
of Pus w/c shall be exclusive in character and w/c
a. Assoc. of landowners in the Phil v. Sec of shall not be subject to
Agrarian Reform. It has since been clarified that amendments/alteration/repeal when the common
the legislative power is “peculiarly within the good so requires.
province of the legislature. Neither Martial Law
nor a State of E can justify the President’s exercise - Laws in general have NO RETRO
of LP by issuing decrees”. EFFECT,especially when it will result in an
impairment of a right unless the contrary is
The power to make laws includes the power to alter provided. Statues can be given retroactive effect
and repeal them. when the law itself so expressly provides; in case
a. Gonzales v. Hechanova : (EA vs. Statutes) of remedial statutes; in case of curative statutes;
in case of laws interpreting others; and in case of become valid as an act of the legislature
laws creating new rights. department.
Whatever changes may be agreed upon NEED
PROCEDURE (Approval of Bills) NOT UNDERGO another “ 3 readings” in the
1. INTRODUCTION. Senate and the HR.
- Bill is introduced by ANY MEMBER of the HR or - The bill is enrolled when it is approved by the
the S except for some measures that must originate CONGRESS, authenticated with the signatures of
in the former chamber. the S, SP, Sec of each chamber, and approved by
2. READING the Pres.
a. First Reading- involves a reading of only a
reading of the NUMBER and TITLE of the
measure and it REFERRAL by the SP or the
Speaker to the proper committee for study.
The bill may be “killed” in the committee or it
may be recommended for approval, w/ or w/o ORIGIN OF THE BILLS (exclusive: HR but S may
amendments, sometimes after public hearings are propose / concur with amendments.
first held thereon. If there are other bills of the a. Appropriation Bill
same nature/purpose= consolidate into one bill b. Revenue Bill
under common authorship OR AS A c. Tariff Bill
COMMITTEE BILL. d. Bill increasing Public Debt
e. Bill of Local Application
Once reported out, the bill shall be calendared for 2 nd f. Private Bill
reading
b. Second Reading- Bill is read in its ENTIRETY, 1. APPROPRIATION Release of funds from the
scrutinized, debated upon and amended when public treasury.
desired. MOST IMPORTANT in the passage of a 2. REVENUE Levies taxes and raises funds for
bill. the gov’t.
- Once the Bill is approved on second reading is 3. TARIFF Specifies the rates or duties to be
printed in its final form and copies thereof are imposed on imported articles.
distributed at 3 days before the 3rd reading. 4. B. INCREASING PD illustrated by one
floating bonds for public subscription redeemable
c. Third Reading- members merely vote and explain after a certain period.
them if they are allowed by the rules. NO 5. B. local app purely local or municipal matters,
FURTHER DEBATE is allowed. like a charter of a city
- Once the bill passes 3rd reading, it is sent to the 6. PRIVATE BILLS- A bill granting honorary
other chamber where it will undergo the 3 citizenship to a distinguished foreigner.
readings.
- No amendment after 3rd reading. - The ff. are supposed to be initiated by the HR
If there are differences b/w the versions because it is more numerous in membership and
approved by the 2 chambers, a therefore also more representative of the people.
CONFERENCE COMMITTEE representing Members are presumed to be more familiar
both houses will draft a compromise measure with the needs of the country in regard to the
that, if RATIFIED by the Senate and HR, will enactment of the legislation involved.
then be submitted to the President for his - Senate is, however, allowed much leeway in the
consideration. exercise of its power to PROPOSE or CONCUR
Conference Committee is allowed by law to include in with amendments to the bill initiated by the HR.
its report an entirely new provision that is not found “amendment by substitution, which may entirely
either in the House Bill or in the Senate Bill. replace the bill”
“Amendment in the nature of a substitute”, so - So long as the initiative must come from the HR.
long as such amendment is germane to the
subject of the bill before the committee. After PROHIBITED MEASURES
all, its report was not final but needed the - Owing to the nature of our gov’t, such as those
approval of both houses of Congress to impairing the doctrine of SP or providing for the
appointment of elective officials.
- Specific Prohibitions in the Bill of Rights against the reconciliation of the varying lengths of the
the enactment of ex post facto laws, bills of terms is necessary.
attainder, or laws impairing the obligation of - In any case, a title must not be “ so uncertain that
contracts. the average person reading it would not be
informed of the purpose of the enactment or put on
Sec 31.”No law granting a title of royalty or nobility inquiry as to its contents, or which is misleading”
shall be enacted. “
- Preserve the republican and democratic nature of FORMALITIES [Art 6, 26(2)]
our society. “Privilege classes”. “Sovereignty (2) “No bill passed by either House become a law
resides in the people as a whole w/o distinction as unless it has passed 3 readings on separate days, and
to birth or lineage. printed copies thereof in its final form have been
Sec 30. “No law shall be passed increasing the distributed to its members 3 days before its passage,
appellate jurisdiction of the SC w/o its advice or except when the Pres certifies to the necessity of its
concurrence.” immediate enactment to meet a public calamity or
- Prevent further addition to the present emergency. Upon the last reading, no amendment
tremendous case load of the SC. However, such thereto shall be allowed, and the vote thereon shall be
legislation may be enacted provided SC itself is taken immediately thereafter, and the yeas and the
consulted and gives its concurrence. nays entered in the Journal.”
The purpose of this rule are: **The bill calling for a special election “after the
a. Prevent hodgepodge or log-rolling legislation. vacancy in the offices of the Pres and VP” shall be
- “ Any act containing several subjects dealing deemed certified.
with unrelated matters representing diverse
interest, the main object of such combination APPROVAL OF BILLS (Art 6, Sec 27)
being to unite the members of the legislature
who favor any one of the subjects in support of 3 methods: (Sign, Overridden, Inaction)
the whole act; a. President signs it
b. To prevent surprise or fraud upon legislature; b. Pres vetoes it but the veto is overridden by 2/3
c. To fairly apprise the people, through such vote of ALL members of EACH HOUSE.
publications of its proceedings as are usually c. Inaction by the Pres w/in 30 days after it shall
made, of the subjects of legislation that are being have been presented to him.
considered in order that they may have the
opportunity of being heard thereon, by petition or SIGNING Pres identifies himself w/ it and indicates
otherwise, if they should so desire. his approval of its purposes and provisions.
The title need not be a complete catalogue of a bill. VETO upon any ground sufficient for him.
1. “It is sufficient that it place the legislature and the (Unconsti, Inefficacious, unwise). In every case, he
people on their guards as to the number of varied should, in returning the measure to the House of
if related subjects the measure embraces”. origin, indicate his objections- “veto message” so
2. Title expresses the general subject and all the that the same can be studied by the mem for possible
provisions are germane to the general subject. overriding of his veto.
3. BANAT v. COMELEC. “Title is comprehensive - 2/3 of each house will be sufficient to invalidate
enough to include subjects related to the general the veto and convert the bill into law.
purpose which the statute seeks to achieve. The - Cong may agree with the Pres objections and
title of a law does not have to be an index of its decide to revise the measure as he suggests.
contents and will suffice if the matters embodied PARTIAL VETO?
in the text are relevant to each other and may be GR: Pres must approve or veto in toto.
inferred from the title. Exception: Appropriation, Revenue, Tariff Bill. Any
4. COMELEC v. Cruz 2009. “To achieve particular item/s of which may be disapproved w/o
synchronization of the barangay and SK elections, affecting the item/s to which he does not object.
effective in subsequent Congress or until they
INACTION Method employed whenever the pres, are amended or repealed to sufficiently put
while not convinced of the necessity or validity of the public on notice”
measure, is nonetheless unwilling to disapprove it. RIGHTS W/C MAY BE INVOKED AGAINST
(Pres believe that its constitutionality rests not w/ him THIS POWER”
but w. the judiciary: Bar Flunkers Bill). a. President’s Executive Privilege- but “only in
relation to certain types of information of a
- From this, in could be inferred that “law-making” sensitive character”. BUT this would not serve to
is a joint act of legislature and Executive. automatically exempt executive officials from the
Assuming that Legislative Veto is a valid duty to disclose information by the mere fact of
Legislative Act with the force of law, it cannot take their being executive officials.
effect w/o such presentment even if approved by b. Fiscal autonomy and constitutional independence
both chambers. of the Judiciary.
- Provision requiring that the IRR of a law be B.1. The “subjudice rule”- restricts comments and
subjected to approval of Cong is UNCONSTI for disclosures pertaining to judicial proceedings to
violating doctrine of SP. – Implementation/ avoid prejudicing the issue/ influencing the court
Enforcement of law is charged to the Executive or obstructing the administration of justice.
Branch. c. Right to privacy and Self-incrimination.
Limitation: Pertains to his official function.
a. MACALINTAL v. COMELEC.
CONGRESSIONAL OVERSIGHT. “Power of - The subject of legislative inquiry is a POLITICAL
oversight of the Congress embraces all activities to QUESTION, and the mere filing of a criminal or
enhance its understanding of and influence over administrative complaint before a court/ QJB
the implementation of legislation it has enacted. It should not automatically bar the conduct of
concerns POST ENACTMENT MEASURES to legislative investigation.
make sure that the admin agencies (executive) - Failure to attend a legitimate legislative
perform their functions w/in the authority investigation= Legislative Contempt:
delegated to them. “ Imprisonment.
How long?
LEGISLATIVE INQUIRIES Senate INDEFINITELY, so long as it does not
violate due process.
Sec 21. “S or HR or any of its respective committees HR Until final adjournment of the body.
may conduct inquiries in aid of legislation* in a. Arnault v. Nazareno- Petitioner was incarcerated
accordance with its duly published rules procedure*. by the Senate until such time as he decided to
The rights of persons appearing in or affected by such answer certain relevant questions.
inquiries shall be respected”. - Questions that may be raised by the legislative
need
“Power of inquiry” granted not only to the S or - ]not be relevant to any PENDING legislation,
HR, but also to ANY OF THEIR RESPECTIVE provided only that they are RELEVANT to the
COMMITTEES. subject matter of the investigation being
- Implied from the express power of legislation. conducted. Such investigation may result in the
- In fact a limitation to the conduct of legislative submission of proposed legislation based upon the
inquiries. findings of the investigating committee.
- *In aid of legislation, whether it be under
consideration already or still to be drafted.
- *Rules of procedure must have been published in APPEARANCE OF DEPARTMENT HEADS
advance for the information and protection of the
witnesses. Sec. 22. “The heads of departments may upon their (1)
a. Neri v. Senate Committee on Accountability own initiative, with the consent of the President, or
of Public Officers and Investigations upon the (2) request of either house, as the rules of
“It is incumbent upon the Senate to publish the each House shall provide, appear before and be heard
rules for its legislative inquiries in EACH by such House on any matter pertaining to their
CONGRESS or otherwise make the published departments. Written questions shall be submitted to
rules clearly state that the same shall be the SP or Speaker at least 3 days before their
scheduled appearance. Interpellations shall not be Appropriation(measure) a statute the primary and
limited to written questions, but may cover matter specific purpose of which is to authorize the release of
related thereto. When the security of the State or public funds from the treasury. (ex GAA)
public interest so requires and the Pres so states in X= Law creating an office and providing fund thereof.
writing, the appearance shall be conducted in Main purpose is the creation of the office and release
executive session. “ of fund is merely incidental.
a. General passed annually and is intended to
Enable the Congress to obtain information from provide for the financial operation of the entire
the dept secretaries on the manner they are gov’t during one FY.
implementing the laws it has enacted and also on b. Special specific purpose. Ex. Creation of a fund
matters related to pending or prospective for the relief of typhoon victims.
legislation, usually recommended by the
administration itself. A. IMPLIED LIMITATIONS:
“Sec 21 and 22, although closely related should not be 1. Public purpose. Main purpose and not merely
considered as pertaining to the SAME POWER. Sec incidental.
21 relates to the power to conduct inquiries in AID OF 2. Sum authorized to be released must be
LEGISLATION, the aim of which is to elicit DETERMINATE/ Least determinable.
information that may be used for legislation, while
Sec 22 pertains to the power to conduct a question B. CONSTITUTIONAL LIMITATIONS:
hour, the objectives of which is to obtain information 1. Bill exclusive to HR.
in pursuit of Congress’ oversight function. 2. Art 6, Sec 25. “Discretionary funds appropriated
OBJECTIVES ARE DIFFERENT. for particular official shall be disbursed only for
(1) public purpose to be supported by appropriate
- In sec 22, the Congress merely seeks to be vouchers and subject to such guidelines as may be
informed on how DH are implementing the prescribed by law”
statutes which it has issued, its right to 3. Art 6, Sec 25.(4). “A special appropriation bill
information is not as imperative as that of the must (1) specify the purpose (2) supported by
pres to whom, such DH as matter of duty must funds actually available and certified by the
give report. It is in keeping with the doctrine of National Treasurer, to be raised by a
SP since it merely REQUEST their appearance. corresponding revenue proposal included
- In sec 21, if the Congress request their appearance therein.”
to make inquiries in AID OF LEGISLATION, the 4. In re GAA: “ The Cong may not increase the
appearance is mandatory. appropriations recommended by the Pres for
the operation of the gov’t as specified in the
THE POWER OF APPROPRIATION (Art 6, sec budget”
29) - Pres knows more about the needed appropriation
“No law shall be paid out of the treasury except in than the legislature
pursuance of an appropriation made by law” - No prohibition to REDUCE. Except: JUDICIARY
- The budget is only a proposal. Used as a basis for
a. Nazareth v. Villar. DOST released funds despite the enactment of the GA law, which is the measure
its absence in the GAA. Upon its receipt of notice that authorize release of public funds from the
of disaalowance from the COA, it obtained treasury.
authority from the Office of the Pres to use said 5. Art 6, Sec 29 (2). “ No provision/ enactment shall
agency’s savings to cover the said amount and be embraced in the GA Bill unless it relates
used the same for purposes of requesting the COA specifically to some particular appropriation
to lift the notice of disallowance. therein. Any such provision/ enactment shall be
SC- “Art 6, Sec 29 requires that the GAA be limited in its operation to the appropriation to
purposeful, deliberate and precise in its provisions which it relates”.
and stipulations. “x x Any Fund must be proposed - Prevent “riders” or irrelevant provisions that are
by the officials/agency for submission to and included in the GA Bill to ensure approval.
consideration by the Cong x x ” What if rider is included in an Ordinary Bill? The
appropriate provision to be invoked is Art 6, Sec 26
(1)- 2“Every bill must embrace only one subject to be
expressed in the title”
7. Appropriation of public funds for SECTARIAN
6. “No law shall be passed authorizing any transfer PURPOSES. Art 6, Sec 29 (2)
appropriations; however, the (EXCLUSIVE ) “ x x except if such priest, preacher, minister or
President, SP, Speaker, CJ and Heads of dignitary is assigned to the AF, penal institution or
ConCom may, by law, be authorized to augment gov’t orphanages or leprosarium x x “ – serve the
any item in the GAL for their respective offices gov’t in a non- ecclesiastical capacity.
from savings in other items of their respective Read in con: Religious freedom and Doctrine of SP.
appropriations.” Neutrality of the state in ecclesiastical matters.
However, transfers of savings in one department Prohibition: Appropriation is intended
from one item to another in the GAA may be purposely to benefit religious insti.
allowed in the interest of expediency and Does not inhibit the use of public property for
efficiency. No violation of DSP since the transfer religious purposes when the religious character
is made w/in a department and not from one dep’t of such is merely incidental to a temporary use
to another. w/c is available indiscriminately to the public
in general.
a. Nazareth v. Villar “Such power could well be 8. AUTOMATIC RE-APPROPRIATION
extended to his Cabinet Secretaries as ALTER “ xx If, by the end of the FY, Cong shall have failed
EGOS under the doctrine of QUALIFIED to pass the GA Bill for the ensuing FY the GAL for
POLITICAL AGENCY. “Official acts of a Dept the preceding year shall be deemed RE-ENACTED
Secretary are deemed acts of the Pres unless and shall remain in force and effect until the GA Bill
disapproved or reprobated by the latter. “ is Passed by the Cong. xx
CONGRESS: “The individual members of
Congress may only determine the necessity of 9. SPECIAL FUNDS Art 6, Sec 29 (3)
the realignment of savings in the allotments “All money collected on any tax levied for a
for their operating expenses because they are special purpose shall be treated as a SF and paid
in the best position to know whether there are out for such pupose only. If the purpose for w/c the
savings available in some items and whether SF was created has been fulfilled or abandoned,
there are deficiencies in other items of their the BALANCE, if any, shall be TRANSFERRED to
operating expenses that need augmentation. the general funds of the Gov’t- for general
However, it is the SP and the Speaker who appropriation in the discretion of the legislature”
shall approve the realignment.”
a. Pichay v. Office of the Deputy Executive
Secretary for Legal Affairs Investigative and THE POWER OF TAXATION
Adjudication Division - Inherent power and generally vested in the
“Placed upon the President is the power to recommend legislature subject to the ff. limitations:
the budget necessary for the operation of the gov’t. 1. Uniform and Equitable. Progressive System of
The express recognition of the GAA of the Pres Taxation. Public Purpose.
authority to “direct changes in the organizational 2. “Charitable Institutions, churches, parsonages,
units or key points in any dep or agency” often or convents appurtenant thereto, mosques, non-
includes “the power of the president to profit cemeteries, and ALL LANDS A-D-E used
REORGANIZE THE EXECUTIVE for R-E-C shall be exempt from taxation.
OFFICES/AGENCIES under him, which is even to Only REAL ESTATE TAXES or ad valorem
the extent of MODIFYING AND REALIGNING taxes imposed on the PROPERTY ITSELF!
APPROPRIATIONS for that purpose. - Building permit fees are not charges on
property, hence they are not impositions
“He is likewise authorize to AUGMENT any item in from which petitioner is exempt.
the GAL using the savings in other items of the - Donation to a parish priest for the
appropriation for his office. He is allowed to transfer construction of a church is subject to
any fund appropriated for the diff departments of the DONEE’s tax. The tax imposed is an excise
Executive w/c is included in the GAA, to any tax, a tax levied not upon the church itself but
program/project of any dept, bureau included in the upon the parish priest for the exercise by him
GAA or approved after its enactment.” of the privilege of receiving the donation.
3. “No law granting any tax exemption shall be - Right to introduce a matter for legislation either
passed w/o the concurrence of a MAJORITY OF to the legislature or directly to the voters.
ALL MEMBERS OF THE CONGRESS. “
- Absolute majority of the ENTIRE Congress. Tax (RA 6735, sec 32)
exemption represents a withholding of the power “Power of the people to propose amendments to the
to tax and consequent loss of revenue to the gov’t. Constitution or to propose and enact legislation
through an election called for the purpose.
THE POWER OF CONCURRENCE
- The constitution requires the concurrence of the REFERENDUM right RESERVED to the
Cong to an AMNESTY and to a TREATY. people to ADOPT OR REJECT any act or
Ex. Art 7, Sec 19 which authorizes the measure which has been passed by a legislative
president to grant amnesty with the body and w/c in most cases would w/o action on
concurrence of a majority of all members of the part of the electors become a law.
the congress. (Not membership of each house, - Method of submitting an important legislative
okay?) measure to a direct vote of the whole people.
Art 7, Sec 21 “No treaty or IA shall be valid
and effective unless concurred in by at least (RA 6735, sec 32)
2/3 of ALL MEMBERS OF THE SENATE”. “Power of the electorate to approve or reject a
legislation through an election called for the purpose”
THE WAR POWERS
Sec. 23. “Cong, by a vote of 2/3 of BOTH HOUSES RA 6735
in joint session assembled, voting separately, and A. INITIATIVE
shall have the sole power to declare the EXISTENCE Provides for 3 systems of Initiative.
of a state of war.” Initiative on the Constitution- Petition proposing
- Existence only and not declaration of war. amendments to the Consti.
- This provision suggests a war already begun or SANTIAGO v. COMELEC. SC found RA 6735
provoked by the enemy and the existence of w/c incomplete in so far as initiative on amendments to the
we are only affirming. WE ARE NOT Consti is concerned.
AGGRESSOR but merely reacting to an
AGGRESSION. (Acknowledgment of a state of 1. Initiative on Statutes- petition proposing to enact
war) a national legislation
- Although such declaration is the sole act of the 2. Initiative on Local legislation- Petition proposing
Cong, the Pres may so precipitate or actually begin to enact a regional, provincial, city or municipal or
hostilities that the legislature will have no choice barangay law, a resolution or ordinance.
but to baptize”
Indirect Initiative Exercise of initiative by the
REFERENDUM and INITIATIVE people through a PROPOSITION sent to the
CONGRESS or Local legislative body for action.
Sec 32. “The Congress shall, as early as possible,
provide for a system of initiative and referendum, B. REFERENDUM
and the exceptions therefrom, whereby the people 2 Classes:
can directly propose and enact laws or approve or a. Referendum on Statutes- Petition to approve or
reject any act or law or part thereof passed by Cong reject an act or law or part thereof, passed by
or local legislative body after the registration of a Congress.
petition therefor signed at least 10% of the total # of b. Referendum on Local law- Petition to approve or
registered voters, of which every legislative district reject an act or law or part thereof, passed a
must be represented by at least 3% of the registered regional assemblies and local legislative body.
voters thereof”
HOW:
At least 10% of the TOTAL # OF THE
INITIATIVE power of the power to
REGISTERED VOTERS, of which every
PROPOSE bills and laws, and to ENACT or
legislative district is represented by at least 3% of
REJECT them at polls, independent of the
the registered voters thereof, shall SIGN A
legislative assembly.
PETITION for the purpose and register with the the proposition and the certification by the
COMELEC. Commission in the OG or NPGC.
A referendum/initiative affecting AUTONOMOUS
REGION, province or City is deemed validly b. Non-compliance NL remain in full force and
initiated if the petition thereof is signed by at least effect.
least 10% of the TOTAL # OF THE c. A National or Local initiative proposition
REGISTERED VOTERS in the Province or City. approved by a majority of the votes cast in an
of which every legislative district is represented by election called for the purpose shall become
at least 3% of the registered voters therein; effective 15 days after certification and
Provided however, that if the province or city is proclamation by the Commission.
composed only of one legislative district, then at
least each municipality in a province or each - Sec 10 prohibits petition embracing more than 1
barangay in a city should be represented at least subject from being submitted to the electorate and
3% of the registered voters therein. provides that statutes involving emergency
A referendum/initiative on an ordinance passed in measures, the enactment of w/c is specifically
a Municipality is deemed validly initiated if the vested in the Cong by the constitution cannot be
petition therefor is signed by at least least 10% of subject to referendum until 90 days after its
the TOTAL # OF THE REGISTERED VOTERS effectivity.
in the Municipality, of which every barangay is - Sec 11. Any duly accredited people’s organization
represented by at least 3% of the registered voters may file a petition for indirect initiative with the
therein; HR and other legislative bodies. The procedure to
A referendum/initiative on barangay reso/ be followed on the initiative bill shall be the same
ordinance is deemed validly initiated if the petition as the enactment of any legislative measure before
therefor is signed by at least 10% of the TOTAL # the HR EXCEPT THAT the said initiative shall
OF THE REGISTERED VOTERS in the said have PRECEDENCE over the pending legislative
barangay. measures on the committee.
Within a period of 30 days ff. receipt of the
petition, COMELEC shall, upon determining the
sufficiency of the petition, PUBLISH the same in LOCAL INITIATIVES:
Fil and Eng at least twice in NP of G&LC and set - Not less than 2K registered voters in case of
the DATE OF THE Autonomous regions, 1k in case of provinces
INITIATIVE/REFERENDUM which shall not and cities, 100 in case of Muni and 50 in case
be earlier than 45 days or later than 90 days of barangays, may file a petition with the
from the determination of the COMELEC of the Regional Assembly or local legislative body,
sufficiency of the petition. proposing the adoption enactment/ repeal/
The decision of the COMELEC on the findings of amendment of any law/ ordinance of reso.
sufficiency/ insufficiency of the petition is - If no favorable action is made by local
APPEALABLE to the SC w/in 30 days from legislative body w/in 30 days from its
notice. presentation, the proponents through their
authorized rep may invoke their power of
IF:
initiative, giving notice thereof to the local
a. There is compliance: The proposition of the
legislative body concerned.
enactment/ approval/ amendment or rejection of - 2 or more propositions may be submitted in an
NATIONAL LAW has been approved by a initiative.
MAJORITY of the votes cast by all registered - Proponents; AR: 120 days; P/C- 90 days; M-
voters of the PH. 60; B-30 days from notice to COLLECT the
Effect: required no. of signatures.
1. For: Enactment/ approval/ amendment: The Compliance= Yes.COmelec shall set a date
NL proposed for shall become effective 15 for the initiative at w/c the proposition shall
days ff completion of its publication in the be submitted to the registered voters in the
OG or in NP of GC. LGU concerned for their approval w/in 90
days from the date of certification by the
2. For: Rejection- NL shall be deemed
COMELEC in case of AR, P/C- 60 days;
REPEALED and the repeal shall become
M- 45; B-30 days
effective ff. the completion of publication of
- If proposition is approved= it shall take effect citizenship after birth by any modes allowed
15 days after the certification by the by law.
Commission as if affirmative action thereon RA 9225- Citizenship Retention and
had been made by the local legis body and the Reacquisition Act of 2003.
local executive concerned. Failed= Proposition - NBF citizens who have been, or intended to be
is defeated. naturalized in a foreign country, shall upon
taking the oath of allegiance, be deemed to have
LIMITATIONS:
reacquired, or shall retain their PH Citizenship.
- The power of local initiative SHALL NOT BE
“Not to have lost their PH citizenship”.
EXERCISED more than once a year! It shall
- Unmarried child, below 18 yrs. of those who
extend only to subjects which are w/in the legal
reacquire PH Citizenship upon effectivity of this
powers of the local legis bodies to enact.
Act shall likewise be deemed citizens of PH.
- If at any time before the initiative is held, the LLB
- For those running for public police- “make
shall adopt IN TOTO the proposition presented,
personal and sworn renunciation of ANY AND
the initiative shall be cancelled.
- Any proposition/ ordinance or resolution ALL FOREIGN CITIZENSHIP= Ceases to be a
APPROVED through initiative/referendum shall dual citizen.
not be REPEALED/MODIFIED by the LLB - Right to VOTE or be ELECTED/ APPOINTED
w/in 6 mos from the date and may be to any public office CANNOT be exercised by or
AMENDED/MODIFIED or REPEALED by the extended to those who are CANDIDATES for or
LLB w/in 3 years thereafter by a vote of ¾ of all occupying any PUBLIC OFFICE in the country
its members; provided, however, that in case of of which they are naturalize or are in active
barangays, the period shall be one year. service as commissioned or non-commissioned
officers in the armed forces of the country of
which they are nationalized citizens.
- A NBC who either retains or reacquired his
aforesaid citizenship upon taking the second oath
of allegiance where he, this time, makes a
personal and sworn renunciation of any and all
CHAPTER 10. THE EXECUTIVE foreign citizenship.
DEPARTMENT Assailing one’s citizenship according to CA 473
may be done only BY THE STATE, through its
Art 7, Sec. 1. “The executive power shall be vested in representation designated by the Statute.
the Pres of the PH.” - X PRIVATE PERSON
Right to vote Resided PH (1yr) ***
EP power to enforce and administer the laws. In the Place to vote (6mos)
exercise of this power, the president assumes a ***Exception: Section 2, ART V. “Absentee Voting
plenitude of authority and corresponding for qualified voters abroad”.
responsibility.
No special session be called by the Pres. Canvass a. Occurring BEFORE the Pres term (Sec 7)
is mandated by the Consti. b. Occurring AFTERWARDS (sec 8)
In 2010, SC promulgated a rule establishing
Sec 7.
PRESIDENTIAL ELECTORAL TRIBUNAL.
This was challenged in MACALINTAL v. PET on “ x x If pres-elect fails to qualify, the VP-elect shall
the ff. grounds: ACT as Pres until the Pres-elect shall have qualified.
a. Illegal and Unconsti for vio. of Art 7, Sec 4. If a Pres shall NOT HAVE BEEN CHOSEN, the VP
b. Vio. of Art 8,Sec 12, PET exercises QJ function shall ACT as Pres until a Pres shall have been
and therefore a violation of the above mentioned chosen and qualified.
provision. “x x Members of the SC and other
courts established by law shall not be designated If at the beginning of the term of the Pres, the pres-
to any Agency performing QJ and Administrative elect shall have DIED or shall have become
Functions”. PERMANENTLY DISABLED, the VP-elect shall
1. SC citing TECSON v. COMELEC, “It is an BECOME Pres.
innovation of the 1987 COnsti. “x x The
Where NO Pres and VP shall have been chosen or
establishment of the PET simply constitutionalized
shall qualified, or where both shall DIED or
what was statutory before in the 1987 Consti. PET
permanently disabled, the SP, or in case of his
is not a separate and distinct entity from the SC,
disability the SHR shall ACT as Pres until a Pres or a
albeit it has functions peculiar only to the
VP shall have become chosen and qualified. x x “
tribunal.
2. “The set up embodied in the Consti and statutes Sec 8.
characterizes the resolution of electoral contests “In case of DEATH, PD, REMOVAL from office, or
as essentially an exercise of judicial power. When RESIGNATION of the P, the VP shall BECOME
SC as PET, resolves a P/VP election contests, it Pres to serve the unexpired term. In case of DEATH,
performs what is essentially a judicial power. The PD, REMOVAL from office, or RESIGNATION of
power wielded by the PET is a derivative of the the P and VP, SP or, in case of his INABILITY, the
plenary JP given to Courts of law. PET is an SHR shall ACT as Pres until a Pres or a VP shall
independent BUT NOT separate from SC. have become chosen and qualified. x x “
TERM
“x x term of 6 years which shall begin @ noon of Discussion Sec. 7:
June 30 next following the day of the election and Cases contemplated:
shall not be eligible for any RE-ELECTION. No a. Death/PD of the Pres-elect VP shall BECOME
person who has succeeded as President and has Pres.
served for more than 4 years shall not be qualified b. Failure to elect P, as where the canvass of the
for election to the same office AT ANY TIME.” presidential elections has not yet been completed,
or where for one reason or another the presidential
VICE PRESIDENT
election has NOT BEEN HELD. VP shall ACT Sec 10. The Congress shall, at 10’oclock in the
as Pres. morning of the 3rd day after the vacancy, convene w/o
c. Failure of the P-elect to qualify, that is, to need of a call and within 7 days enact a law calling
assume office by taking the oath and entering into for a SPECIAL ELECTION to elect a P and a VP to
the discharge of his duties. VP shall ACT as be held not earlier than 45 days nor later than 60
Pres. days from the time of such call.
Discussion Sec. 8: Vacancies occurring in the OP The bill calling for such special election shall be
DURING his incumbency and is limited to 4 specified deemed certified under ART 6, Sec 26, par 2 and shall
situations: (D- PD- Removal-Resignation) VP shall become a law upon its approval on 3 rd reading by
BECOME Pres. Congress.
Estrada v. GMA “ He denied he had resigned and Appropriations for Special election shall be charged
said had every intention to return after the against any current appropriations and shall be
disturbances shall have ended but was being prevented exempt from the requirements of Art 6, Sec 35, par 4.
from doing so”
SC held: (Puno)“The resignation cannot be doubted. It cannot be postponed or suspended. NO SPECIAL
It was confirmed by leaving Malacanang. The press ELECTION shall be called if the vacancy occurs
release was petitioner’s valedictory, his final act of w/in 18 mos before the date of the next presidential
farewell.” election.
Sec 11.s Whenever the P transmits to the SP AND the OATH OF OFFICE
SHR his WRITTEN DECLARATION that he is Marks his formal assumption of duties.
UNABLE to discharge the powers and duties of his Not a source of a substantive power but is merely
office, and until he transmits to them a written intended to deepen the sense of responsibility of
declaration to the contrary, such powers and duties the P and ensure a more conscientious discharge of
shall be discharged by the VP as ACTING P. his office. (But has been invoked to justify
presidential action)
Whenever a MAJORITY of all members of the
CABINET transmit to the the SP AND the SHR their
WRITTEN DECLARATION that P is UNABLE to
discharge the powers and duties of his office, VP:
ACTING P. PERQUISITES and INHIBITIONS
Thereafter, when the P transmits to the SP and SHR his Sec 6. The P shall have an official residence. The
written declaration that no inability exists, he shall salaries of the P and VP shall be determined by law
reassume the power and duties of his office. and shall not be decreased during their tenure. No
Meanwhile, should a MAJORITY OF CABINET mem increase in said compensation shall take effect until
transmit w/in 5 days to the SP and SHR their written after the expiration of the term of the incumbent during
declaration that the P is UNABLE= Congress shall which such increase was approved. They shall not
decide the issue. For that purpose, the Cong shall receive during their tenure any other emolument from
convene if not in session, within 40 hours. the gov’t or any other source.
If the Congress by a vote of 2/3 vote of both Increase/ Decrease- prevent legislature from
houses, voting separately, that the Pres is weakening their fortitude by appealing to their
unable to discharge the power and duties of his avarice or corrupting their integrity by operating
office, VP shall act as P; otherwise, P shall on their necessities.
continue exercising the powers and duties of Emoluments- refers to ANY COMPENSATION
his office. received for services rendered or from possession
Sec 12. “ In case of SERIOUS ILLNESS of the P, the of an office. Any gain/profit which is
public shall be informed of the state of his health x PECUNIARY IN CHARACTER.
x” Pres cannot accept any employment elsewhere
during his incumbency, although in the case of
OFFICE OF PRES AND VP ARE BOTH the VP, he may be appointed to the Cabinet.
VACATED: However, VP cannot receive additional
compensation in the second capacity because of b. EOs specified therein w/o additional compensation
the ABSOLUTE PROHIBITION. in AN EX-OFFICIO CAPACITY as provided by
law and as required by the primary functions of
ADDTL INHIBITIONS:
said official’s office.
Sec 13. “x x P, VP,Mem of the Cabinet, and their
eputies and assistants shall not, unless otherwise
provided in the Consti, cannot hold any other EXECUTIVE PRIVILEGE
employment during their tenure. They shall not,
- Essential to his exercise of his powers as the CE,
directly or indirectly practive any OTHER
consistent w/ the principle of separation of powers.
PROFESSION, participate in any business, or be
- Power of the gov’t (Pres and High executive
financially interested in any contract with, or in any
branch officers) to WITHHOLD INFORMATION
franchise, or special privilege granted by the Gov’t or
from the Congress, Courts, and the Public;
any subd/ agency/ instru thereof, including GOCCs.
1. “Informer’s Privilege” Privilege of the gov’t
They shall strictly avoid conflict of interest in the
NOT TO DISCLOSE the identity of person/s who
conduct of their office.
furnish information on vio of law to officers
The spouse or relatives by consanguinity/ affinity charged with the enforcement of law;
within 4th civil degree of the P shall not during his - Covers not only High-Profile Cases
tenure be appointed as Members of the Concom, or 2. “Privilege accorded to presidential
Office of the Ombudsman, or communication” Without distinctions b/w those
Sec/UnderSec/Chairmen/Heads of Bureau or offices, which involve national security and w/c does not.
including GOCCs and their subsidiaries. Rationale: Essential to protect the independence
of decision-making of those tasked to exercise
Inhibitions are in line with the principle that a Presidential/ legislative and judicial power.
public office is a public trust. - Applies to the decision making of the pres,
The prohibition against holding dual/multiple rooted in the constitutional principle of SP and
offices must NOT, however, be construed as the Pres unique constitutional role.
applying to posts occupied by the EOs specified
therein w/o additional compensation in AN EX- ELEMENTS:
OFFICIO CAPACITY as provided by law and 1. The protected communication must relate to a “
as required by the primary functions of said QUINTESSENTIAL AND NON-DELEGABLE
official’s office. PRES POWER” (ex. Power to enter in EAs)
2. Communication must be authored or solicited
Reason: These posts do NO COMPROMISE “any and received by a close advisor of the Pres (ex.
other office” w/in the contemplation of the Cabinet member, Pres himself)
prohibition but are properly an imposition of 3. PCP remains a qualified privilege that may be
“additional duties and functions on said official” . overcome by a showing of adequate need (it
contains important evidence)
Ex- officio “from office; virtue of office. Authority 3. Deliberative Process Privilege covers
derived from the official character merely, not documents reflecting advisory opinions,
expressly conferred upon the individual character, recommendations and deliberations comprising
BUT MERELY ANNEXED TO THE OFFICIAL part of a process by w/c governmental decisions
POSITION. and policies are formulated.
- Pres communication privilege applies to docs
Additional duties closely related to and must be
in their ENTIRETY.
required by the official primary functions. Otherwise,
- Communicate candidly- enhance quality
it would fall under the purview of “any other office”
agency decisions.
prohibited by the Consti.
4. Diplomatic negotiations privilege Encourage a
The prohibition against dual or multiple offices frank exchange of exploratory ideas b/w the
apply to all appointments or designations, whether negotiating parties by shielding such negotiations
permanent or temporary. PREVENT from public view.
CONCENTRATION OF POWERS in the - Pres “sole organ of the nation in its external
Executive Dept officials. relations, and its sole representative with
Only exceptions: foreign nations”
a. VP being appointed as member of the Cabinet; and PRIVILEGE IS NOT ABSOLUTE. Executive
cannot, any more than other branches of the gov’t,
invoke a general confidentiality privilege to shield - SC “President as C-O-C of the AFP, can be held
its officials and employees from investigations. liable for affront against the petitioner’s rights to
(Judical/ Congressional Investigation conducted life, liberty and security as long as substantial
IN AID OF legislation) evidence exist to show that he or she had exhibited
- That is why, when Cong exercises its power of involvement in or can be imputed with knowledge
inquiry, the only way for Dept heads to of the violations, or had failed to exercise
EXEMPT themselves therefrom is by a VALID necessary investigations required under the rules,
CLAIM of privilege. They are not exempt by “and that” “former President Arroyo cannot use
mere fact that they dept heads. ONLY THE the presidential immunity from suit to shield
PRESIDENT may be exempted on whom herself from judicial scrutiny that would assess
executive power is vested, hence, beyond the wheteher, within the context of amparo
reach of Congress except through the power of proceedings, she was responsible or accountable
impeachment. (Reason: Highest official of for the abduction of Rodriguez. “
the Executive branch and Co-equal branch) Extends only in concurrence with the president’s
[AKBAYAN V. AQUINO] incumbency. (Civil/Criminal and there is no need
to provide for it in the Consti or law). It will be
SC stressed that EP is recognized only in relation degrade the dignity of the high office of the Pres,
to certain types of information of a sensitive the Head of State, if he can be dragged into court
character. litigations while serving as such. Unlike the
IMPLIED NATURE OF THE CLAIM OF legislative and executive branch, only one
PRIVILEGE: constitutes the executive branch, ONLY ONE
“Whenever an official fails to be present CONSTITUTES the Executive branch and
invoking EO 464, such invocation must be anything which impairs his usefulness necessarily
construed as a declaration to congress that the impairs the operation of the gov’t.
Pres/ Head of office has determined that the DAVID v. Arroyo xx this however does not mean
requested information is privilege. that the Pres is not accountable to anyone. Like any
There is a violation because: “Once the head of
other official, he remains accountable to the people
office determines that a certain information is
but MAY BE REMOVED from office ONLY
privilege, such determination is presumed to bear
THROUGH IMPEACHMENT x x
the Pres authority and has the effect of prohibiting
the official from appearing before the Cong,
subject only to the EXPRESS
PRONOUNCEMENT of the Pre that it is allowing
the appearance of such official. These therefore
authorizes the pres to allow claim of privilege BY
CHAPTER 11. POWERS OF THE PRESIDENT
MERE SILENCE.
“x x with respect to info the confidential
POWERS OF THE PRESIDENT
nature of which is CRUCIAL to the fulfillment
Is every power relating to enforcement and
of highly executive responsibilities x x “
A. NERI v. Senate Committee (2009) administration of laws to be regarded as
For the claim to be properly invoked, there must belonging to the Pres by virtue of his office?
be a formal claim of privilege, lodged by the DH
which has control over the matter. It requires a Original view: Yes. The enumeration of specific
“precise and certain reason” for preserving their executive powers are considered as intended merely to
confidentiality. specify the PRINCIPAL articles implied in the
At any rate, the Cong may not require the definition of power, LEAVING THE REST TO FLOW
executive to state the reasons for the claim with FROM THE GENERAL GRANT of that power.
such particularity as to compel disclosure of the
information which the privilege is meant to Reconsidered. Stricter Interpretation:
protect.
a. Marcos v. Manglapus. “Powers of the president
PRESIDENTIAL IMMUNITY cannot be said to be limited only to the specific
powers enumerated in the consti. EP is more than
a. (Estrada v. Desierto) the sum of specific powers enumerated therein”
b. Rodriguez v. Arroyo (2011)
b. Phil. Coconut Producers Fed Inc. vs. Republic. SPECIFIC POWERS of the Pres:
x x “Either pursuant to the RESIDUAL POWER of
1. APPOINTING POWER
the pres or BY FORCE of his enumerated powers
Appointment SELECTION/ DESIGNATION, by the
that has control over all matters pertaining to the
authority vested with the power, of an individual who
disposition og gov’t property including
is to exercise the functions of a given office.
sequestered assets x x
The provision in the ADMIN CODE on the so How? ORAL or WRITTEN. Commission is the
called “ Residual Powers” of the Pres written evidence of an appointment.
declares “UNLESS CONGRESS PROVIDES
OTHERWISE, the pres shal exercise such Sec 16. The pres shall nominate and, with the consent
OTHER POWERS and functions vested in of the COA, appoint the heads of the executive dept’s,
the Pres which are provided for under the laws ambassadors, other public ministers and consuls, or
and which are not specifically enumerated officers of the armed forces from the rank of colonel or
above, or which are not delegated by the naval captain, and other officers whose appointments
Pres in accordance with law. are vested in him in this Constitution. He shall also
c. Banda v. Ermita. Power of the president to appoint all OTHER officers of the Gov’t whose
REORGANIZE the offices and agencies in the appointments are not otherwise provided for by law,
executive dept in line with his constitutionally and those whom he may be authorized by law to
granted power of control over executive offices appoint. The Congress may, by law, vest the
and by virtue of his previous delegation of the appointment of other officers lower in rank in the Pres
legislative power to reorganize executive branches. alone, in the courts, or in the heads of departments,
“Continuing Authority” agencies, commissions, or boards.
d. Authority to conduct peace negotiations with rebel
The pres shall have the power to make appointments
groups and to declare state of rebellion, are
DURING THE RECESS of the Cong, whether
ALTHOUGH NOT EXPLICITLY MENTIONED
voluntary or compulsory, but such appointments shall
in the Consti, springs in the main from her powers
be effective only until disapproved by the COA or until
as chief executive and at the same time, draws
the next adjournment of the Cong. “
strength from her Commander-in-chief powers.
e. Issuing Decrees No authority. Within the a. Permanent Appointments extended to those
province of the legislature. Neither Martial law nor persons possessing the requisite eligibility and are
state of emergency can justify such action. thus protected by the Constitutional provision on
“ORDINANCE POWERS” YES. and security of tenure.
may issue any of the following: b. Temporary Appointments given to persons w/o
1. EOs rules of a GENERAL or PERMANENT such eligibility, are revocable at will and w/o the
character in implementation or execution of necessity of just cause or a valid investigation.
constitutional or statutory powers. - “Upon the understanding that the appointing
2. AOs relate to particular aspects of power has not yet decided on a permanent
governmental operations in pursuance of his appointee”.
duties as administrative head. a. General v. Urro. Acting appointments may be
3. MOs matter of administrative detail or of made even to offices with staggered terms.
subordinate or temporary interest w/c only
concern a particular officer/ office of the Gov’t. GR: Pres includes the power to make temporary
4. MCs relating to internal administration, which appointments UNLESS (1) Specifically prohibited by
the Pres desires to bring to the attention of ALL the Consti (2) acting appointment is repugnant to the
or SOME of the Depts/ Agencies, for information nature of the office involved. (Only limitation)
or compliance. - Generally, the purpose for staggering the term of
5. Proclamations Fixing a date or declaring a office is to minimize the appointing authority’s
status or condition of public moment or opportunity to appoint a majority of the
interest, upon the existence of which the operation members of a collegial body. Also, to ensure the
of a specific law or regulation is made to depend, continuity of the body and its policies.
and which shall the force of an EO. - A staggered term of office, however, is not a
6. General or Special Orders Acts and commands statutory prohibition, direct or indirect, against the
of the Pres in his capacity as Commander-in- issuance of an acting or temporary. It does not
chief of the AFP. negate the authority to issue acting or temporary
appointments that Administrative Code Grants.
alone, the courts, and the heads of the
DESIGNATION imposition of additional departments/agencies.
duties, usually by law, on a person already in the - “Officers lower in rank” below the rank of
public service by virtue of an earlier appointment. or subordinate to those in whom the power of
(Similar: Both temporary in nature) appointment is vested.
- It does not entail payment of additional
benefits or grant upon the person so designated STEPS in the appointing process:
the right to claim the salary attached to the A. REGULAR APPOINTMENT:
office. 1. Nomination By the President
- The LEGAL BASIS of an employees’ right to 2. Confirmation Prerogative of COA
claim the salary attached thereto is a duly 3. Issuance of the commission By Pres
issued and approved appointment to the B. INTERIM APPOINTMENT:
position and not a mere designation. - Appointment comes before the confirmation,
Both the TEMP and DESI are NOT SUBJECT TO which is made by the Commission when it
confirmation by the COA. Such confirmation, if reconvenes following the legislative recess.
given erroneously, will not make the incumbent a - Nomination of the regular appointee is made and
permanent appointee. approved during the session, when the COA is
“The pres may temporarily designate an (1) officer authorized to meet.
already in the gov’t service or (2) any other - The ad interim appointment is made during the
competent person to perform the functions of an recess and becomes effective then, subject to
office in the executive branch. “ confirmation or rejection later, during the next
- Thus under # (2), the pres may even appoint in legislative session.
an acting capacity a person not yet in the
gov’t service, as long as the pres deems that DISTINCTION B/W REGULAR AND AD
person competent. INTERIM APPOINTMENT:
The power to appoint is essentially executive in 1. WHEN: REG- Legislative session; AD- Recess
nature and the legislative may not interfere with 2. REG- only after the nomination is confirmed by
the exercise of this executive power except in the COA; AD- before confirmation
those instances when the consti expressly allows it 3. REG-once confirmed, continues until the end of
to interfere. Its interference is limited to the power the term of the appointee; AD cease to be valid if
to prescribe qualification to an appointive office. disapproved by the COA or upon the next
Limitations on the executive power to appoint adjournment of the Congress.
are construed strictly against the legislature. - In the latter case, the appointment is deemed
“by passed” through the inaction of, and so
6 CATEGORIES OF OFFICIALS WHO ARE
disapproved impliedly by, the COA.
SUBJECT TO THE APPOINTING POWER of the
Pres: A. MATIBAG v. BENIPAYO. “Ad interim
1. Heads of the Executive Depts; appointment is a permanent appointment because it
2. Ambassadors, other public ministers and consuls; takes effect immediately and can no longer be
3. Officers of the AF from the rank of colonel or withdrawn by the pres once the appointee has
naval captain; qualified into office. The fact that it is subject to
4. Other officers whose appointments are vested in confirmation by the COA does not alter its
him by the Consti; permanent character. However, when the ad
5. All other officers of the gov’t whose appointments interim appointment lapses by inaction of the
are NOT PROVIDED for by law; COA, as when it fails or refuses to act on the
6. Those whom he may be authorized by law to same until the next adjournment, it would not
appoint. constitute a term of office. The period from the
Appointment of the Ombudsman, Member of the time the ad interim appointment is made to the
SC and lower courts, VP as member of the Cabibet, time it lapses is neither a fixed nor an expired
President’s deputies, Commissioner of Customs= x term.
Confirmation form COA. B. LUEGO v. CSC. Essentially discretionary power
1ST SENTENCE OF SEC. 16, ART 7 is an subject only to the condition that the appointee
EXCLUSIVE ENUMERATION. should possess the qualifications required by law.
As to “ Officers lower in rank”, the Cong may - “All that the CSC may do is determine WON the
allow their appointments to be made by the pres appointee possesses the qualifications and
requisite appropriate eligibility. If he does, 3. Local Elected Officials By proper courts (LGC)
appointment is granted; If he does not,
appointment is denied. “ In all other cases, where the power of removal is
C. Lacson v. Romero. An appointment is deemed lodged in the pres, the same may be exercises by
complete upon acceptance. Pending acceptance, him ONLY for cause as may be provided by law
which is optional to the appointee, the appointment and in accordance with the prescribed
may still be validly withdrawn. administrative procedure.
- Appointment cannot be forced to a citizen Exception:
except pursuant to defense of state under Art - Members of the Cabinet or to executive officials
2. whose term of office is determined AT THE
D. De Castro v. JBC. Prohibited appointments under PLEASURE OF THE PRESIDENT.
Sec 15 do not cover appointments to the SC. At any rate, a REMOVAL PRESUPPOSES
- One of the reasons of Sec 15 is to eliminate FORCIBLE AND PERMANENT SEPARATION
midnight appointments from being made by OF THE INCUMBENT FROM OFFICE
an outgoing chief executive. It only covers BEFORE THE EXPIRATION OF HIS TERM.
appointment made in the executive department
and excludes the judiciary. Their 3. CONTROL POWER.
establishment of the JBC and their subjecting “The executive shall have control of all the executive
the nomination and screening of candidates departments, bureaus and offices. He shall ensure that
for judicial position to the unhurried and the laws be faithfully executed.”
deliberate PROCESS of the JBC ensured that As to decision-making:
NO MA may be done in the judiciary. - Power of an officer to alter/ modify/ nullify/ set
- Process: It is mandatory for the JBC to submit aside what a subordinate officer had done in the
tot eh pres the list of nominees to fill a performance of his duties and to substitute the
vacancy in the SC in order to enable the Pres judgment of the former for that of the latter.
to appoint one of them WITHIN 90 DAYS - Order the doing of an act by a subordinate/ undo
from the occurrence of the vacancy. The such act/ assume a power directly vested in him by
JBC has no discretion to submit the list to the law. (USURPATION??) – “The pres shall have
Pres AFTER the vacancy occurs, because that control of all the executive dept…”
shortens the 90 period allowed by the Consti
for the pres to make the appointment. VS. SUPERVISION:
By virtue of Sec 16 “ Where there are offices - Does not cover the authority of ordering the doing/
which have to be filled but the law does not undoing of an act. It merely sees to it that the rules
provide the process for filling them, the Consti are followed, but he himself cannot lay down such
recognizes the power of the Pres to fill the office rules or have the discretion to modify such rules.
by appointment. Any limitation on or qualification
to the exercise of the pres power to appoint should
be strictly construed and must be clearly stated in DOCTRINE OF QUALIFIED POLITICAL
order to be recognized. “ AGENCY:
2. THE REMOVAL POWER “Acts performed/ promulgated by the heads of dept
From the express power of appointment is the heads in the regular course of business, unless
implied power of the president to remove. disapproved or reprobated by the chief executive, are
However, it is not correct to say that all PRESUMABLY the act of the chief executive them
officials appointed by him (pres) are also being alter egos of the president. “
removable by him since the consti prescribes - Adopted out of practical necessity: Pres
certain methods for the separation from the cannot be expected to personally perform the
public service of some officers. multifarious functions of the executive office.
Examples: Relate to: Doctrine of exhaustion of administrative
1. Members of the SC, Ombudsman, and ConCom remedy: “Further appeal from a decision of a cabinet
By impeachment. secretary may be taken to the Office of the president
**Deputy Ombudsman By Pres. Expressly before resorting to judicial action. “
conferred upon him said power. - NOT ABSOLUTE. Recognized exception is when
there exists a special law that provides for a
2. Judges of inferior courts By SC different mode of appeal. Such “executive
control” may be limited by the Consti, by law, or from the proclamation of ML/ suspension of WHC,
by judicial decisions. pres shall submit a report in person or in writing to
- Doctrine is NOT APPLICABLE: To acts of CS the Congress. The Cong, VOTING JOINTLY, by a
done in their capacity as ex officio members vote of at least a majority of all its members in
(BODs of GOCC) of a particular office not by regular/ special session, may revoke such
appointment of the Pres but by OPERATION OF proc/suspension, which revocation shall NOT BE
LAW. SET ASIDE BY THE PRES. Upon the initiative of
the pres, the Cong may extend such proc/sus for a
Sec 17 is a self-executing provision. The pres period to be determined by the Cong, if the invasion/
derives his power of control directly from the rebellion shall persist and public safety requires it.
consti and not from any implementing legislation.
The Cong, if not in session, shall w/in 24 hours ff.
proc/sus, convene in accordance with its rules w/o
need of a call.
The power of control is exercisable by the
president over the ACTS of his subordinates and The SC may REVIEW, in an appropriate proceeding
not necessarily over the SUBORDINATE filed BY ANY CITIZEN, the sufficiency of the factual
himself. basis of the proc/sus, and must promulgate its
- The pres, through the secretary of justice can decision w/in 30 days from its filing.
order the provincial fiscal to reverse his
actions. DOJ secretary acting in the regular A state of ML does not suspend the operation of the
discharge of his functions as an alter ego of the Consti, nor supplant the functioning of the civil
pres. As a subordinate in this department courts/ legislative assemblies, nor authorize the
(FOJ), PF is bound to obey the Secretary’s conferment of jurisdiction on military courts and
directives, which are presumably the acts of agencies over civilians where civil courts are able to
the pres of the PH. function, nor automatically suspend the privilege of
TAKE-CARE CLAUSE the writ.
- The power to take care that the laws be
The suspension of the privilege of the writ shall
faithfully executed makes the pres a dominant
APPLY ONLY to persons judicially charged for
figure in the admin of the gov’t.
rebellion or offenses inherent in or directly connected
- However, it is not for him to determine the
with invasion.
validity of a law since this is a question
exclusively addresses to the judiciary. Hence, During the suspension, any person thus arrested or
until and unless a law is declared unconsti, the detained shall be JUDICIALLY CHARGED within 3
pres has a DUTY TO EXECUTE it regardless days, otherwise he shall be released.
of his doubts on its validity. A contrary
opinion would allow him not only to negate Bolsters the principle “civilian authority is, at all
the will of the legislature but also to encroach times, supreme over the military”
By making the pres the CIC, it lessens the danger
upon the prerogatives of the judiciary.
- The pres power to conduct investigations to of military take-over of the gov’t in vio of its
aid him in ensuring the faithful execution of republican nature.
Although pres in the CIC, he will be so ONLY if
laws is inherent in the pres power. It flows
there are armed forces to command. These forces
from the faithful-execution clause of the
will be raised by the Cong in the exercise of its
Consti under Art 7 sec 17. As CE, he
general legislative power, “citizen to render
represents the gov’t as a whole and sees to it
personal military or civil service.”
that all laws are enforced by the officials and
Military power ENABLE THE PRES TO:
employees of his dept.
a. Command all the AFP
b. Suspend the PWHC
4. THE MILITARY POWER
c. Declare ML
Art 7. Sec. 18. “x x The pres shall be the CIC of all
armed forces of the PH x x In case of invasion or a. COMMAND THE AFP
rebellion, when the public safety requires it, he may, Organize Court martials- aid the pres in
for a period NOT EXCEEDING 60 DAYS, suspend properly commanding and enforcing discipline
the privilege of the WHC or place the PH or ANY in the armed forces. They are in fact simply
PART thereof under MARTIAL LAW. Within 48 hours instrumentalities of the executive power
which may be convened by the pres A. HABEAS CORPUS
independently of legislation. (X courts w/n the - Suspension of the PWHC is subject to
PH judicial system) limitations and may be revoked by the Cong or
- Hence, in the absence of any declaration of the SC.
war/ML, military tribunals CANNOT TRY
WHC a writ directed to the person detaining
and exercise jurisdiction over civilians for
another, commanding him to produce the body of the
civil offenses committed by them w/c are
prisoner at a designated time and place, with the day
properly cognizable by the civil courts. JP
and cause of his caption and detention, to do, to submit
exists only in the courts, which have exclusive
to, and receive whatever the court or judge awarding
power to hear and determine those matters
the writ shall consider in his behalf.
which affect the life/liberty/property of a
citizen. “LIBERATION OF THOSE WHO MAY BE IN
The power to confirm a sentence of the Pres PRISON W/O SUFFICIENT CAUSE”
includes the power to approve or disapprove
the entire or any part of the sentence given by - Suspension of the privilege DOES NOT
the court martial. (An exercise by the Pres of SUSPEND THE WRIT ITSELF, but only its
his powers as CIC of all our armed forces) privilege.
1. IBP v. Zamora. Pres Estrada deployes the Meaning: When the court receives an application for
Marines to join the PNP is visibility patrols the writ, and it finds the petition in the proper form, it
around metro manila for the purpose of crime will issue the writ as a matter of course. If the return to
prevention. “This so called calling out power” the writ shows that the person in custody was
of the pres involves ordinary police action, apprehended and detained in areas where the
which would ordinarily not entitle him to PWHC has been suspended, the court will
invoke a greater power when he wishes to act SUSPEND FURTHER PROCEEDINGS in the
under a lesser power. action.
2. David v. Arroyo. While the pres alone can
SC has the power to annul the suspension if
declare a STATE OF NATIONAL
the same is not based on either of the 2
EMERGENCY, however, w/o legislation, he
grounds, “invasion or rebellion, when public
has no power to take over privately owned
safety requires it”.
public utility or business affected with
public interest.
3. MARTIAL LAW
- Military cannot be ordered to enforce custom
- In its strict sense: Law which has application
laws, laws governing family and property
when the military arm DOES NOT SUPERSEDE
relations. ONLY LAWS PERTINENT TO
civil authorities but is called upon to aid the Pres
ITS DUTY TO SUPPRESS LAWLESS
in the maintenance of law and order.
VIOLENCE. - NO CIVIL RIGHTS OF THE INDI IS
“CALLING OUT POWER” can only be
SUSPENDED. No new powers are given to the
exercised by the PRES and NO ONE ELSE.
executive; the relation of the citizen to their state is
unchanged.
DOCTRINE OF COMMAND
RESPONSIBILITY:
- Pres can be held responsible for the actions of his
subordinates if the ff. requisites are present: LIMITATIONS ON THE MILITARY POWER:
a. The existence of a superior-subordinate 1. He may call out armed forces only when it is
relationship b/w the accused as superior and necessary to prevent or suppress LAWLESS
the perpetrator of the crime as his VIOLENCE, INVASION or REBELLION only.
subordinate; 2. Grounds for the SPWHC and proc of ML are now
b. Superior knew or had reason to know that the limited only to REBELLION or INVASION, when
crime was about to be or had been public safety requires it.
committed; 3. The duration shall NOT EXCEED 60 DAYS,
c. Superior failed to take the necessary and following which it shall AUTOMATICALLY BE
reasonable measures to prevent the criminal LIFTED.
acts or punish perpetrators thereof. 4. Within 48 hours, Pres shall submit report
personally or in writing to the congress his action.
If not in session, cong shall convene with 24 hours - Exercise is discretionary in the Pres and may
ff. the suspension/declaration. not be controlled by the legislature or reversed
5. The Cong may then, voting jointly, by a majority by the courts, save only when it contravenes
vote, revoke his action. the limitations provided for by law.
6. The revocation may not be set aside by the Pres Pardon An act of grace which exempts the
7. By the same vote and in the same manner, upon individual on whom it is bestowed from the
the initiative of the pres, the suspension/proc punishment which the law inflicts for the crime he has
maybe extended for a period to be determined by committed.
the Cong if the invasion or rebellion and the public Commutation reduction or mitigation of the penalty.
safety requires it. (Death- LI)
8. The action of the Pres and Cong shall be subject to Reprieve postponement of a sentence to a date
review by the SC which shall have the authority to certain, or a stay of execution.
determine the sufficiency of the factual basis of
such action. THIS MATTER IS NO LONGER LIMITATIONS:
CONSIDERED AS A POLITICAL QUESTION 1. X = Impeachment.
and maybe raised in an appropriate proceeding by X judicial or criminal prosecution and
any citizen. SC shall decide w/in 30 days from therefore does not essentially come under the
filing. pardoning power. However, a party
CONVICTED in an impeachment proc is
“The constitutional validity of the pres proclamation of subject to prosecution in an ordinary criminal
ML or SPWHC is first a political question in the hands action- pardon? YES.
of Cong before it becomes a justiciable one in the 2. Viol. of any election law, rule or regu W/O the
hands of the Court” FORTUN v. ARROYO (2012). favorable reco of the COMELEC.
Also, although the court may inquire to the factual 3. X = LEGISLATIVE CONTEMPT- vio doctrine o
basis of such action (pres exercise of such power), it SP.
would generally defer to her judgment on the matter. 4. X = Civil contempt- this would involve the benefit
Unless there is a showing of GAD, Court will accord not of the State itself but of the private litigant
respect to the Pres judgement. whose rights have been violated by the contemner.
5. X = for the purpose of absolving the pardonee of
9. ML does not automatically suspend the PWHC or civil liability, including judicial cost, since, again,
the operation of the Consti. The civil courts and the interest that is remitted does not belong to the
the legislative bodies shall remain open. Military State but to the private litigant.
courts and agencies are not conferred jurisdiction 6. After CONVICTION by final judgment
over civilians where the civil courts are 7. X restore offices forfeited
functioning.
10. The SPWHC shall apply ONLY TO PERSONS
FACING CHARGES OF REBELLION OR KINDS OF PARDON:(absolute. Conditional.
INVASION. Plenary. Partial)
11. Any person arrested for such offense must be a. ABSOLUTE. No strings attached.
judicially charged within 3 days, otherwise he - No option but to accept. In this case, AP is similar
shall be released. to commutation which is also not subject to
acceptance.
b. CONDITIONAL. Convict is required to comply
with certain requirements.
- Offender has the right to reject it since he may
5. THE PARDONING POWER (Sec 19) feel that the condition imposed is more onerous
“Except in cases of impeachment, or as otherwise than the penalty sought to be remitted.
provided in this Consti, the Pres may grant reprieves, - Condition must be so extensive with the penalty
commutations, and pardons, and remit fines and remitted unless otherwise indicated.
forfeitures, AFTER conviction by final judgment. - Violation of the condition before the expiration
He shall also have the power to grant amnesty with of the remitted penalty, the pardon itself is
the concurrence of a MAJORITY OF ALL MEMBERS deemed invalidated and the padonee may either
OF CONG. be recommitted by the Pres or prosecuted under
- Executive clemency. the RPC in w/c case the penalty is PC, except
when the penalty remitted is higher than 6 years, in
which event he shall serve the unexpired portion of convicted; A looks backward and abolishes and
his original sentence. puts into oblivion the offense itself. “ As if he had
- The remedies are not mutually exclusive and committed no offense”
may be successively availed of by the pres.