Powers of the president:

1. Executive powers
- It is the legal and political functions of the president involving the exercise of discretion. It is
vested in the president of the Philippines. It includes the power to execute, enforce and
administer laws.
- Is the power to carry out laws into practical operations and enforcing their due observance.
2. Implied, inherent and residual powers – not included or listed in the Constitution.
Exceptions- (laurel and ople)
3. Appointing power
4. Control power
5. Call-out power
6. Pardoning powers, reprieves, commutations, amnesty, remit fines and forfeitures.
7. Borrowing power
8. Diplomatic and treaty making power
9. Budgetary power
10. Informing power
11. Veto power
12. Power of general supervision over local governments
13. Power to call special session
14. Reorganize the office of the president
15. Power of impoundment.

Qualifications:

No person may be elected as the president of the Philippines unless he is:

1. Natural-born citizen of the Philippines

2. Registered voter
3. Able to read and write
4. At least 40 years of age at the time of election
5. Residence of the Philippines for at least 10 years immediately preceding election.

Art 7 section 13.

The President. VP, cabinet members and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other offices or employment during their tenure.

-they shall not, during said tenure, directly or indirectly,

practice any other profession, participate in any business,

or be financially interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or any instrumentality thereof,

including government owned or controlled corporations or their subsidiaries.

They shall strictly avoid conflict of interest in the conduct of their office.
 Officers appointed by the President that require confirmation of Commission on Appointments:

Sec. 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the
1. Heads of the executive departments;
2. Ambassadors, other public ministers and consuls; or
3. Officers of the armed forces from the rank of colonel or naval captain; and
4. Other officers whose appointments are vested in him in the Constitution. He shall also
appoint
5. All other officers in the Government whose appointment are not otherwise provided by law;
and
6. Those whom he may be authorized by law to appoint.

The congress may, by law, vest the appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of the departments, agencies, commission, or board.
(regular appointment)

The President shall have the power to make appointments during the recess of the congress,
whether voluntary or compulsory, but such appointments shall be effective only until
disapproval by the Commission on Appointments or until the next adjournment of the Cngress.

Types of Appointments:

1. Those made by the Acting President

2. Midnight Appointments
3. Regular Appointments
4. Ad Interim Appointments
5. Acting Appointments

Article 8 judicial power

Sec 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, (traditional)-ordinary jurisdiction

And to determine whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the Government. (expandable
power)-extraordinary jurisdiction.
When to decide on political question

1. Must alleged specific constitutional provision violation

2. Must alleged grave abuse of discretion

Section 5. the SC shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petition for certiorari, mandamus, quo warranto and habeas corpus.
2. Review, revise, reverse, modify or affirm on appeal or certiorari , as the law or the Rules of Court
may provide, final judgement and orders of lower courts in:
a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance or regulations in question.
b) All cases involving the legality of any tax, impost, assessment, or toll, or in any penalty
imposed in relation thereto.
c) All cases in which the jurisdiction of any lower court is in issue.
d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e) All cases in which an error or question of law is involved.
3. Assign temporarily judges of lower courts to other stations as public interest requires.
4. Order a change of venue or place of trial to avoid miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of the consti
6. Appoint all officials and employees in the judiciary in accordance with the Civil Service Law.

CLJ CQ

Constitutionality of a treaty or law

Legality of any tax, assessment, toll etc.

Jurisdiction of lower courts is in issue

Criminal cases where the penalty is reclusion perpetua or higher.

Question or error of law is involve.

Fiscal autonomy shall also be the power of:

1. Allocate resources
2. Charge fees
3. Determine compensation
4. Disburse funds.

Cases to be decided en banc;

 1. Constitutionality of a treaty, International, Executive agreement or law
2. Constitutionality, application or operation of presidential decrees, proclamation or orders,
instructions, ordinances and regulations.
3. Cases or matters heard by a division when the required majority in the division is not obtained.
4. Cases where the SC modifies or reverse a doctrine laid en banc or by a division
5. Administrative cases where the vote is for the dismissal of a judge or otherwise to discipline him
6. Election contest for pres or VP.

Requisites for judicial inquiry: AQEN

1. Actual case or controversy

2. Question raised by the proper party
3. Earliest opportunity
4. Necessity for the determination of the case itself

3. what is third party standing? SCH

litigants have a right to bring action in behalf of a third party
1. suffered injury in fact
2. close relationship to the third party
3. hindrance to a third’s party ability to protect his or her own interest.

Orthodox view- an unconstitutional law is not a law. It is as if the law did not exist. The declaration of
unconstitutionality is given retroactive effect.

Modern view- there is no retroactive effect, it affects only the party before it. Operative fact doctrine-
all previous acts before the declaration of unconstitutionality remains valid.
Section 3. land of public domain are classified into:

1. agricultural
2. forest or timber
3. mineral lands and national parks

agricultural lands of public domain may be further classified by law according to the uses to which they
may be devoted. Alienable lands of public domain shall be limited to agricultural land.

Private corporation and associations may not hold such alienable land of public domain except by lease,
for a period not exceeding 25 years, renewable for not more 25 years, and not to exceed 1000 hectares
in area. Citizen of the Philippines may lease not more than 500 hectares, or acquire not more than 12
hectares thereof by purchase, homestead or grant.

Section 7. save in cases of hereditary succession , no private lands shall be transferred or conveyed
except to individuals, corporations, associations qualified to acquire or hold lands of the public domain.

Exceptions:

Foreigners who inherit through intestate succession

Former natural born- filipino citizen may be a transferee of private lands

Ownership in condominium unit

Stewardship doctrine – private owners of land is a trustee for the people who are the real owner.

NEDA- national economic and development authority.

Gen rule--- in the grants of rights, privileges, and concessions covering the national economy and
patrimony, the state shall give preference to qualified filipino. ----Filipino first policy ---- self executing

60-40 filipino-foreign capitalization

Temporary take over of business affected with public interest. The state may take over of direct

1. in times of national emergency

2. when the public interest so requires
3. during emergency and under reasonable terms prescribe
Aliens can engage in utilization and exploit of natural resources only through TECHNICAL AND
FINANCIAL ASSISSTANCE. Requisites:

1. utilization of mineral, petroleum and other mineral oils

2. must be large scale exploration
3. law set down the terms and conditions
4. the president shall notify the congress within 30 days from such agreement.

Filipino citizen and corporation can exploit natural resources only by co-production, joint venture,
production-sharing.

Doctrine- once you occupied the public land for more than 30 years or since June 12 1945, it has
become ipso facto private property. (have been in open, continuous, exclusive and notorious
possession.)

Lee vs republic…. Chinese to filipino---- the defect has been cured.

Section 11.

Aliens can own public utility but cannot operate it

Reserved areas:

1. operation of public utility (60%)

2. practice of all profession
3. educational institution (60)
4. ownership and management of mass media. (100)
5. Advertising industry (70)

IPRA – Indigenous People Rights Act – is a law dealing with specific group of people. ICC – indigenous
Cultural Communities.

- Refers to a group of people or homogeneous societies who have continuously live as an

organized community on communally bounded and defined territory.
- The ownership given is the indigenous concept of ownership under the customary law which
traces its origin to native title.

Ancestral domain - all areas belonging to ICC/ IP held under the claim of ownership

Ancestral Land – these are limited to lands and these lands are not merely occupied and possed but are
also utilized by the icc/ip.

The right to ancestral domain and land may be acquired in two modes:
 1. Native title ---- Certificate of Ancestral Domain Title (CADT) (never to have been public lands)
2. Torrens title under the Public land act and the land registration act with respect to ancestral
lands only.

Ownership of land by virtue of native title – no transfer of title from the state as the lands has been
regarded as private in character as far back as memory goes.

Ownership of land by acquisitive prescription ---- transfer of title from state to private individual .

Jus Regalia – private title to the land must be traced to some grant, express or implied, from Spanish
crown or its successor, the American colonial government and thereafter, the Philippine Republic.

- Refers to royal grants, or those rights which the king has by virtue of his prerogatives.

Academic freedom shall be enjoyed in all institutions of higher learning.

Academic grounds-

1. Who may teach

2. What may be taught
3. How it shall be taught
4. Who may be admitted to study.

Article . general provisions

The flag – may be changed only by constitutional amendment.

Doctrine of state immunity from suit- applies only if there is monetary of property loss to the
government.

The sate may not be sued without its consent. (the royal prerogative of dishonesty)

- Doctrine applies also to foreign government because of sovereign equality of all states.
- PAR IN PAREM NON HABET IMPERIUM . The head of the state who is deemed as the
personification of the state is inviolable and thus enjoy immunity from suits.
- Doctrine of state immunity – state cannot be put in jurisdiction of other state

When does a suit becomes suit against the state to properly invoked the Doctrine of state immunity;

1. When the Republic is sued by name. except when the ultimate liability will fall in the official.
2. When the suit is against an unincorporated government entity.
3. When it is against the government officer bu the ultimate liability will fall to government.
Waiver of immunity – express or implied.

Express – enactment of Congress of general law or special law

Acta jure imperii – there is no waiver. State is acting in sovereign governmental capacity.

Acta jure gestionis – there is waiver. The state descended to level of private entity. (commercial or
proprietary capacity)

Restrictive doctrine of state immunity from suit - not all contract entered by government constitute a
waiver.

Implied-

1. When the state commences the litigation (it becomes vulnerable to counterclaim)
2. When the state enters into business contrats. (restrictive doctrine of state immunity)
3. When it accepts conditional donations.
4. When it takes private property without just compensation.
5. In cases of implied contracts.

Lgus can sue and sued because there is a charter creating or a distinc personality (unincorporated entity)

Principle on consent- since it is a derogation of sovereignty, it is strictly construed against the individual
and in favor of the state.

Scope of consent – consent to be sued does not include consent of execution of judgement against it.

Gen rule: the gov cannot be made to pay interest

Exception:

Eminent domain

Erroneous tax collection

Where government agrees to pay interest pursuant to law.

No member of armed forces in active service shall, at any time, be appointed or designated to a civilian
position in the Government.
Full-filipinization – the ownership and the management of mass media shall be limited to citizen of the
Philippines, or to corporations, cooperative, or associations, wholly owned and manage by such citizens.

Amendment or revision of consti --- 2/3 of all member of congress

Constitutional convention