Article VI

LEGISLATIVE DEPARTMENT

SECTION 1. The legislative power shall be vested in the

Congress of the Philippines which shall consist of a Senate and
a House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.

Meaning of legislative power.

Legis/olive power is essentially the authority under the Constitution to
~laws and subsequently, when the need arises, to -~and -.;epea1
them. 1
It is the peculiar task of the legislature to prescribe general rules for
the govern ment of soci~1 ty. This legislative fun ction involves the determi-
nation of the legislative policy and its promulgation as a defined and
binding rule of conduct 2 through the enactment of a law.

Meaning of law.
The term laws, as nscd above, refers to statutes which are the writtt>n
enactments of the legislature governing the r elations of the p1:ople among
themselves or hetween them and the governm ent a nd its age11cies.

Function of laws. ·,
Through laws, the legislature defines the rights lind rlutie!:' of citizen:::.
imposes taxes, appropriates funds, defines ..crimes and p1·o\·id e ~ fM th ~ir
punishment., creates and abolishes government office~. dett:!nnin.:·;; their
jurisdiction a nd functions, and in general, regulates hum an co nduct and
the use of property for the promotion of t he common gc>(Jd.
Such laws are valid or void, a s tested by tht.·ir conformity or non-
conformity to the Constitution.

'The law!; mu;;t. be in keeping with the tim<:'s. Wh :11 i ;; l<';:i<\ l i; r.•-t r;e ,·.:~;:a r i ly just.. or may
hecome unj 11!>t because of changed conditions. Law;: t~r.a.;t ed 10 p~· ·m;:otE- ju;;tic<' may in:; t.ead
serve to pmmote or perpetuate inj ustioo. Tha t is'' hy ex:.• tin~ l>!w.-; rna~· need amendment or
revision, or h ave to be repealed .
.:sec Ocr,ei1a v::;. COMELEC, 95 SCRA 75.5, .Jan.~~. 1~1.:.u .

153
154 TEXTBOOK 0~ THF. PIII LIPPI~E CONSTITUTION Sec. 1

Legislative power vested in Congress.

By granting th t~ legi ::<lative power to the Congress of the Philippines
which is a double-chamber body consisting of the SEmate and the Hou~e of
Representati ves, a hjcameral legislRture has been created in place of the
unicameral set-up provided in the 1973 ConRtit.uti on .:·1
The 1935 Charter alsCl ClStnblished a bicameralleg islntnre.
Note: 'l'here is a daml)i' from several sectors to amend the Constitution
to repl ace the pres en t prcsidentia i form of government with a federal
unica meral parliamentary systl:'ul. (infra. )

Advantages of bicameralism.
Among the argumentA propounded in favor of bicameralism are:
l.lJ A ~;econd chamber (Senate) is nccel';sm·y to serve as a check to ha::>ty
and ill-considered legi slation:
C2) It serves as a training gr<mnd for futu re lenders;
(3) It provide>~ a r~?.pres entation fo r both r·.~ gional and national inter-
ests;
(4) A bicameral legi~la t ur<~ i!' l es~ susceptible t o bribery and control of
big interests; and
(5:1 It is the traditional f<.lrm (:!f legislatiYc body dHti r.g from ancient
times; as sueh, il has be en tested and proven in the crucible of human
expe rience. 4

Disadvantages of bicameralism.
Some of the argument.:; ag ain~t it <He:
(1 ) The bicameral ~ et- up has not ,,,...orkGd out a s a n effective fi::>caUzin g
machinery;
(2> Although it affords a double consideration of bill s, it is no assurance
of better com;iden~d and be tter deliberated legislation;
(3) It p1·oduces du plication of efforts nnd serious of!.adlocks in the
enactment of important measures with the Coufere.ru:c._C.\llnmit.t.c-~ of hoth

"Con .• irlered the ad,.>OJI/op,•:; of lt l egLJ atur ~;> an~: it is morn ~;conomical ·
u ni<·:unE.'r:> t
re~pOII!lihil ity is P.a s il y tixl' cl: o. nci prompt ~ction in legisla t ion is a('h ieved . Its clisaduanlag••.~
ar,1: thern i;; 1111 ch P.Ck aga in.<:s t h a sty and ill -con sidtr ed Jegis lnti<"l; ~tnd it i;; more su sceptible
to the infl•I\-n ('t> of big int~1-csts.
The main !'Cn•wn, hc.wcvt-r. fM <lllr.>plir>g· a unicameml ll"jpsl aLun• in the 1973 ConRtitu·
LiN1 i:: th:\t· it wa:; <:l<·t'ln<~d mr,rc s u il,<rble t o a parliamentary .~ys t.em of ~overnmcnt . It w <•~
r<> tained with t.hf! instituti.m of ll m cHiiliPd parliament.ary syst~m by the 19kl c•mstitution<) l
!HIH:rH.hnent..c:.
'rh-: Constitutional Co mwi ,;sion ,,-hil:h clraft.••d the prns1:nt. Co n~; titutio al· voted 23·~2 in
fnvor ef bicumerali~.m .
·' 1886 UPL C0nslirut i•Jn l'roj t~c t, Legi~ lative l>f.'partm<:nt., pp. 6 -8,
Sec. 1 ART. Vl. ·- LEGISLATIVE DEPARTMENT 155

Houses, derisively called the "third chamber," practically arrogating unto

itself the power to enact law under its authority to thresh out differences;
(4) All things being equa l, it is more expensive to maintain than a
unica m eral legislature; and
(5) The prohibitive costs of se natorial elections h ave made it possible
for only wealthy individuals t o make it to the Senate; a nd as to the claim
that a Senate is needed to provide a training ground for future leaders, two
of our Presidents5 became chief executives even if their service was con-
fined to the H ouse of Representatives. 6

Scope of legislative power of Congress.

A grant of legislative powt1r means the grant of all legislative powers7
for a ll purposes of civil government. 8 Accordingly, the legislative power of
Congress, except to the exte nt reserved to the people by the provision on
initiative and referendum (see Sec. 32.), may be characterized as plenary or
general (not enumerated) subject only to specific limitations in the Consti-
tution.
Th e delegated powers of our Congress are broader t han the American
Congress. The latter's legislative powers are confined only to those granted
by the Federal Constitution. Hence, powers not granted or powers that
cannot be reasonably implied from the granted power s are denied to the
American Congress.

Classification of powers of Congress.

The primary function of Congress is to legislate. The Constitution,
however, has also expressly given it powers which are non-legislative in
character.
Th e powers of Congress may be classified into:
(1) .Ge_71,_~mU?gj§.Jat~~- 11.9.W_g.r. - I t is the power to enact laws intended
as rules of conduct to govern the relations among individuals or between
the individuals and the State. Congress can enact any law as long a5- it is
not contrary to the Constitution. Unl~othru:wisedecre.e d_by a competent
.£ourt..Q .li:!.W..i~. Ptg§_q.ro..~ ..k..oos.titu t.iQ.nal.
(2) &?!!.2fi£q_p~-~l!!.§.o. - They are powers which t.he Cons titu,rion ex-
pressly directs or authorizes Congress to exercise like the power io choose
who sh all become President in case two or more cand idate.:: have an equal
and highest number of votes (Art. VII, Sec. 4, par. -t. 1. to confirm certain
appointments by the President (!bid., Sec. 16. '·• to promote social justice

' Ra mon Magsaysay and Dios dado Macapagai

1
' 1986 UPL Constitution Project, Lcgislattn Depa r~:nent . pp. H-11. President C. Aquino
is a plain housewife without any ex pcrie nc:(• m tht: goq~rnment .
70campo vs. Cabangi!>. 15 Phil. 626.

RQ cccna vs. COMELF.C. :::c,p,·a.

 I ,., ,

. ·~; ·. ' .
, I

156 TEXTBOOK ON THE PH!LIPPINI<: CO:\'STITUTTON Sec. I

iArt. XIII, Sl!C. l.); to declare the existence of a state of war (Sec. 23[11. ), to
(· impose taxes (Sec. 28l1J.}~ to appropriate money (Art. 29[l]. );"to impeach
. (Art. XI , Sec. 2.}, to act as a constituent assembly (Art. XVII, Sec. l.J, etc.;
( 3 J 111J.P.Lie_f! _ po~cers. - They arc those essential or necessary to the
effective exercise of ihe powers expressly granted, like-the power to con-
duct inquiry and investigation in aid oflegisla tion (Sec. 2l.)(to punish for
contempt, .to determine the ru)es of its proceedings (Sec. 16[31.), etc.; and
( 4) frl.h.er.ent .P.DW_ers. - They are the powers which are possessed and
can be exercised by every govern ment because they exiRt as an attribute of
sovereignty. In other wo rd ~, t hey a re al ways deemed conferred by the
people even if not expressly granted by them in t he Constitution. These
powers which are legislative in nature are th~ · powcr of taxation, ·p'ower of
eminent domain, tfnd police power_ll They fall under the generallcgif'llative
powers of Congr<:!ss.

Principle of separation of powers.

(1) Presidential system. - The powers of government, by virtue of this
principle, are divided into three (3) distinct classeR: the legislative, the
executive, and the judicial. They arc distributed, respt>ctively, a mong the
legislative, executive, and judicial branches or de partments of the govern-
ment.
Under t h e princi ple of co-equ al and coordin ate powers among the th ree
(3) branches, the officers en trusted with each of these power s are not
permitted to encroach upon the powers confided to the others. If one
department goes beyond the limits set by the Constitution, its acts are null
and void. The a doption of thi ~; principle was motivated by the belief that
arbitrary rule would result if the same person or body were to exercise all
the powers of government. wThe accumulati on of powers in one person or
department of government is considered one of the chief cha r acteristic
evils of tyrannical and despotic forms of government..11 The idea is not to
set one branch against the other but, above a ll , to promote governmental
efficiency by insuring that all functions of government are performed by
the people (or branch) especially assigned to discharge them.
Under this system adopted by the 1935 Charte r and the present Consti-
tution, the President who is the head of government is elected directly by
t he people fM a fixed term of office.
(2) Parlia.mentary system. - The three-fold ·division of power is ob-
served in the presidential form of government which is distinguished by
the separation of authority between the executive and legislative organs.
Under the parliamentary fo.rm, there is a fus ion rather than a separation

3
See "Esscntin i o.- inherent powers of govern men t " u nd(!r J\rtirle III, Section 9.
"V.G. Sine<', op. cit.. p. 12S.
!tll Am. Jur . :H-!0.
s..... 1 ART. VI. ·-·· Ll::GIS LATIVF. OI<:P:\RT:\.JENT 157

between the two organs so that. in a sense, the iwo are one body performing
two governmental functions: policy-making and policy-executing.
Under this system, the Prime Minister who is the h ead of government
i.:; e lected by parliament without a fixed term of office.
(:1) Fnmch presidential-parliamentary system . - This is a variant of
the two types of government. The present government of France estab-
lished in 1958, is known as the Fifth Republic. Its Constitution establishes
the familiar organs of a parliamentary system (e.g., a cabinet and Prime
Minister) but delegates broad power s to the President a nd places serious
limitations on legislative powers .
The Philippjnes, under the 1973 Constitution, as amended, patterned
its government after the French system. The effect of the 1981 amend-
ments was to modify the parliamentary structure ordained by the 1973
Constitution without, however, returning the government to the presiden-
tial system provided by the 1935 Constitution. What was established then
was a form of government which was a middle ground between the two
systems- one which established a legislative body from which the Prime
Minister elected by it and th e m ajority of the membership of the Cabinet
were to be drawn, alongside a s trong President elected directly by the
people, who had a tenure independent of the legi s lative body.

Principle of checks and balances.

Under the Constitution , there is no absolute separation among th~
three principal organs of government. Constitutional provisions at1thorize
a considerable amount of encroachment (tr checking by one department in
the affairs of the others. The system of checks and balances is also obsE'rved
along with t he doctrine of separation of powers to make the presidential
system workable.
The three co-equal departments are est.ablished by the Constitution in
as balanced positions as possible. To maintain this balance or to r('store it
if upset, each department is given certa in powers with which to check the
othe rs. Thus:
(1) Checks by the President. - The President m ay veto or disapprove
bills e nact~d by Congress {Sec. 27ll j.), and through the pardoning power,
he may modify or set aside the judgments of courts. (Art. \'II. s~c. 19.)
(21 Checks by Congres.;. --··On the other hand , Congress may override
the veto of the President (Sec. 27l l J.); reject cE'rtain a ppoi ntments of the
President (Art. VII, Sec. 16.); .r evoke the proc lamation of martial law or
sus pension of the privilege of the writ of habi?08 corpu s by the President
(Ibid. , Sec. 18. ); and amend or ren1ke deci~ion,;: of the courts (by the
enactment of a new law or by an ame ndment of the old, giving iLsuch
meaning a nd interpretation as to wipe out the effect of s uch decisions). It
has likewise the powm· to d e fine. prt:>::cribe. and apportion the jurisdiction
of the various courls iArt. VIII. Sec. 2. !: preBcribe the qualifications of
158 TEXTBOOK ON 'l'HE PHTLlPPINF. CONSTlTUTJO~ Sees. 2-4

judges of lower courts (Ibid ., Sec. 7[2].); -determine the salaries of the
President a nd Vice-Pres ident (Art. VII, Sec. 6.), the members of the Su-
preme Court and judges of lo\ver courts (Art. VIII, Sec. 10.); ,a nd impeach
the P resident and members of the Supreme Cour t. (Art. XI, Sec. 2.)
(3) Checks by the judiciary. - The judiciary , in turn, with.the Supreme
Court as the fin al arbiter may declare legislative meawres or executive
acts unconstitutional (Art. VIII, Sec. 4L21.) and).'determine whether or n ot
there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part" of Congress or the President. (Ib id.. Sec. 2, par. 2. )

SEC. 2. The Senate shall b e composed of twenty-four Sena-

tors who shall be elected at large b y the qualified voters of the
Philippines, as may be provided by law.
SEC. 3. No person shall be a Senator unless he is a natural-
born citizen of the Philippines, and, on the day of the election, is
at lead thirty-five years of age, able to read and write, a regis-
tered voter, and a resident of the Philippines for not less than
two years immediately preceding the day of the election.
SEC. 4. The tenn of office of the Senators shall be six years
and shall commence, unless otherwise provided by law, at noon
on the thirtieth d ay of June n ext following their election.
No Senator shall serve for more than two consecutive terms.
Voluntary r e nunciation of the office for any length of time shall
not be considered ac; an interruption in the continuity of his
service for the full term for which he was elected.

The Senate.
(1) Composition and election. - It is composed of24 Senators. They are
elected at large (nationwide) by the qualified vote rs, as may be provided by
law . (_,ec. 2.) Unless otherwise provided by la w, the regular election of
Senators shall be held on the second Monday of May. (Sec. 8.)
(2) Term of office. - It is six (6 ) years. It shall commence, unless
otherwise provided by law, at noon on the 30th day of June next following
their election. (Sec. 4, par. 1.) The Constitution has a similar provision
with respect to the President and Vice-President (Art. VII, Sees. 3 and 4.)
except that the hour a nd date of commencement of their term of office
cannot be changed by law.
(3) Qualifications. - A Senator must be:
(a) a natural-born citizen of the Philippines;
(b) at least 35 years of age on the day of t he election (i.e., day of the
balloting);
( c ) able to read and write;
Sec. 5 ART. VI. -·· LF.(\ JS LATIVE D.El'ARTMJ-~NT 159

(d i a regi~ t ered voter; and

(cJ a resi<hnt or th n Philippim>s for not l es~ than l\vo 12; years
im mediately pr~::cedin g tlw d ay of th;~ election. USee. 3 .)
The above qunlifi.cation::. are heyon<l the authority of Congress to dimin-
ish , incr ease o1· ultt~t·.
(4) M Ciximum terms . -- In line with the state policy on equal access to
op portunities for public se rvke a nd a ga inst. political dyna sties (see Art. 11,
Sec. 26.), a Sena tor is disqu alified lo ser ve for more t h an two (2) consecu.-
t iue term;;. (Sec. 4, par . 2.) Whi lt! t heor et ically th e people a r e the best judge
of whether an oflicial should be reelected or not, the Conot itulion h as opted
t o impos e t er m limits to guar d against the w eakne s~ in our culture that
te nds to perpetuate polit ical dy n a sties. (Art. II , S ec. 26.) There is no
~ho r tage of highly talented and motivaterl men and women to replace tho~e
who have long been in office.
At any rate, a Senator can still run for reelection after a brenk or
in terval. There i10 no li mit n::; to the number of yea r s on e can serve as
Sena tor. \lllhat i" prohibited is to serve for m or e t han two (2 ) successive
t er m s . But a . voluntary r enu n cia t ion of t he offi ce by a Sen ator for a ny
leHgth of time shJ.iJLn.v.t..b.e . ~.n ~ i dcxed..N :Ul.JJ inJ eJ.JJWLioa in the continuity
of his service fo r the fu ll term for wh ich he was electe d. (!bid .)

Meaning of registered voter

and residence.
( 1) A registered votrr is nne who has all tht: qu a t ;fk<~t ions for a voter
and none -~;ftT1e-di~qu~li.fications provided hy law anrl who has registered
himself in the list of voters.
(2 ) One' ~~d_e~ is the pl ac~ \vhere one h a s his t rue perm a nent h ome
nnd to which, whenever absent, h e hr.:- the int en ti on of retu r ning.' It. is,
t h er efor e , not nN't)Ssarily t.he actua l pia ce of rt!Side ncc. Legal or construc-
tive presence is all t h at is required. Thu;;, t.mnporary n~sidence in anoth ~ r
place, city or municipality for the p urpo::;e of carrying on a profession or
e ngaging in an nccupation does not itself constitute an a bandonment of
one's legal r~sidence.

SEC. 5. (1) 1.'h(~ House of Representative s shall be composed

of not more than t;wo hun d r ed and fifty member s , unless other-
wise fixed by law, who s hall h e elected from l e gisl a tive districts
apportioned amoug the provinces, cities, uud the Metropolitan
Manila area in a ccorda n ce with the number of t heir t·espective
inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provide d by law, shall he el ecte d through a

~ s tory , Cunni!:t of Law;;, 7t h c d., p. -~.

160 TEXTBOOK O:N THE PHILIPPINE CO~STITt !TLON Sccl;. [,. 7

party-list system of registet·ed national. regional, and sectoral

parties or organizations.
(2) The party-list representatives shall constitute twenty
per centum of the total numbe r of representatives including
those under the pat·ty list. For three conse.:::utive terms after the
ratification ofthis Constitution, one-halfof the seats allocated to
party-list representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban poor, indig·
enous culturE.l communities, women, youth, and s uch othe1'
sectors as may be provided by law, except the religious s ector.
(3) Each legislative district shall comprh;e, as far as practi-
cable , contiguous, compact and adjacent territory. Each city
with a population of a t leas.ttwo.hundrediifty_.thons.awl, or each
province, s hall have at least one representative.
(4) Within three years following the r e turn of every census,
the Congress shall make a reapportionment of legislative dis-
tricts hase d on the standards pt·ovided in this section.
SEC. 6. No person shall be a Member of the House of Repre-
sentatives unless he is a natural-born citizen of the Philippines
and, on the day ofthe election, is at least twenty-five y e ars ofage,
able to read and write, and, except the party-list representa-
tives, a r·egistered voter in the district in which he shall b e
elected, and a resident thereof for a period of not less than one
year imme diately preceding the day of the election.
SEC. 7. The Membet•s ofthe House ofRepresentatives shall be
elected for a tenn of three years which shall begin, unless
otherwise prov ided by law, at noon on the thirtietl• day of June
next following their e lection.
No Member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary renunciation of
the office for any length of time sha ll not be considered as an
inten-uption in the continuity of his service for the full term for
which he was e lected.

The House of Representatives.

(1 ) Composition and election/selection. - It is composed of not more
than 250 members popula:rly known as "Congressmen.'' They are elected
from legis lative or coiLgrossional districts a nd through a party -l ist system.
The party-list representatives are filled by seleetion or election from the
labor, peasant, etc. a nd other sectors as m a y be provided by law, except the
religious sector. (Sec. 5(1 j.)
G nless othe nvise provided by law, th e regular election of the members
of t he House of Repres entatives shall be held on the second :Monday of May.
(Sec. 8. )
Sec; . 5-7 t\RT. VI.-· LBGlSLA'I'lVE DEPARTMENT 161

(2) Term of' office. - .1 ~. ~~-t~z:_c_<:__!.~!_y e_ar s, to begin al ~:>o, unless other-
wise provided by law, at noon on tlH! 30th day next follo\ving their election.
(Sec. 7, par. 1.) The House of Representatives is intendt:ld to be close to the
peop le . T he shorter term of three (3) years is expected to make the repre-
sentatives more respon1-;ive and sensitive to the needl'i of their constituents.
It is a lso consistent with the constitutional policy of accountability. (see
Art. X I, Sec. 1.) If the people had made a mistake in their choice of the
incumbent congressman, they would not have to wait a long bme for the
opportunity to correct th e mistake by withholding a new man date.
(3 ) qua.l_i[i~(l_ii_ons~- A r epresentative must be:
( !l) a natural-born citizen of the Philippines;
(b) at least 25 years of age on the day of the election; 1
(~) able to read and write;
(.d) except for a party-list representative, a r egistered voter in the
dis trict in which he shall be elected; and
(c) a resident the reof for a period of not less than one ( 1) year
preceding the day of the election. <Sec. 6. )
Congr ess is not empower ed to modify the above qualifications.
(4 ) Maximum terms. -The pro\'i:sions are the same as tho:se for Sena-
tors except that the limit is for Llt:.?.L1Jlore_ tha._-q_t_h_r_~~ -(.;3l_conse.cuti::.Le.te.l;:ms.
(Sec. 7, par. 2.)
Under the Constitution , a representative cannot servn cont1n".lou:sly for
more than nine 19) years .2
Again, the purpose is to prevent the growth of political dynasties or
wardlordism- terms which in our country have come to connote guns and
goon.:; a nd alm ost absolute power- which in the past made it impossible
for qualified and deservin g individuals to enter t h e le~,'i slabve sc1·virc.
After some r eelections, the politi::ian managed to accumulate much weahh
and to set up his own formidable political machinery such that in m any
places the people could not freely choose their candidates because tht>y
Wt) l'C coerced into submission by "profes~ional politici :10s'' who had be~:ome
powerful on account of long t enure. The term lim its for electt'd public
officials will level the playing field for canchdates espeeinlly f(•r newcomers
to the political arena.

Number, election/selection and classification

of members.
( 1) The Constitu tion limits to Zli_Q...the maximum number of member i'>
the House of Representatives may have. Th e samt~ may be increased by

'The <age requirement t<hould not app ly to rr.pre~.-,ntarivcs appointt>u frorn t.hc youth
:sector. (s~c. 5r2]. 1
"See, however, Art. XVlll. Se\:tioH 2 .
1()2 TEXTBOOK ON 'fH:E ? II1Ll i:'.PI:\F.: CO;-,".ST!TU'JON St)CS. G-7

law. Fixing a ceiling in its m e mbership which ~:annot be changed without

constitutional amendment m ay not be practical, for \vhat m ay b f) an ideal
number today nHty not he so a nymore in the yE'urs to com<~. As our popula-
tion g rows, the number uf constituents enlarges and as they incrc!ase in
number, ~o does the need for a larger representation of the people in the
H ouse of Repl'esentalives if it is t o lw truly represemative of the peop le.
(2) The members of the H ouse of Representatives shall be elected fl'om
legis lative districts and throug h a pa rty-list system of registered n ational ,
regional and sectoral parties or ortzanizations. The party-list rcpresenta-
tive.s shaJl constitute 20';;; of the n umber of representatives in the lower
hou::~e, including t hose under the party-list. (!bid) For three consecutive
terms after the r a tification of the new Constitution, on.e -half (I/2) of the
seats aliocatod to party-list r~p rBs cnt ativcs shall be filled , as provided by
law , by selection or election from the labor, peasant, ut·ban poor, ind ig-
enous C\dtural communities, women, youth and such other sectors as may
be provided by law , except the religious sector.a (Sec. 5(2].)
(8) Thus, the members of t he H ouse of Representatives may be classi-
fied in to diiltrict, party-list, a nd sectoral reprc:;e ntatives with the last to
exist only for three t3) conser.utive t erms after the ratification of the
Cons titution.

Apportionment of elected representatives.

(1) .CIEJ.dWrw. s...h t.aJJJ201:.ti.on.me.nJ. - It i5 a r l:lquirernent under Section
5 th Rt th<~ tlectt~d repre~ent ativeil frnm legislative districts shall be a ppor-
tion ed or distribu ted amon g th l' provinces, ci ties and the Metropolitan
Manila area suhject to the following conditions:
(~{Such a pportionme nt shail be made in accordance with the
number of their r espective inhabitants;
QJ) It sha ll be made on the b a!:' is of u uni for m and prog ressi v~ ratio;
(_c) Each legislative district s hall comprise a s far a s practicable,
crmiiguom:, compact and a djacent terr itory;; a nd
(d'l Each cit y with a population of at least 250,000 or cac:h province
shalt have at least one rep resentativ~.
t2l Ra.tio to be adopted. - Under th ~ Con stitution, th e ratio to be
adopted must be uniform, say, tor e xample, one territorial u nit for every
250,000 inha bit anis or fra ction thereof. T hus, ev<~ ry elected rep re ~;~ntati v e

"Executi ve Ord<:r No. 198 \Jun1! 18, 19lfi) provides for t.hc n:anncr cf nomimnion and
appoi ntment of f;ectoral representatives.
~This is to prev(: nt the practice known a;; '~m a ndt~dng" w here:by a tel'r\torial unit j,;
divid ed int o election d istrict;. in an unnat ur;1l and unfair way with the purpose uf giving vne
political part.y an electoral majority in a h1rge n umJ.,n,r nf di:;;trit:t~ wh ile <:<uHamtrat.ing th~
voting strengt.h of the oppot";ition ;" as f,~w di.; t ricts us pv.:;sihlt•. t \Y\,b.;tcr';; :Jrd New Int.
Dicti<Hiary, p. 95~.1
 Sec!;. 5-7 ART. VI.- LEGISLATIVE DEPARnlEN1' 163

represents a territoria l unit whose population is nearly equ al with t h e

others. This insures that the majority vote of such members ofthe House of
Representatives represent the p opular majority.
The ratio must also be progressive, for the size of the House of Repre-
sent a tives must be consider ed. It must not be too big as t o be unwieldy. So,
a s population grows, the ratio may be increased, say fr om 250,000 to
300,000 inhabitants for each legislative district.
(3) R epresentati(}n of ,Provinces and cities. - - 'l'he new Con stit ution
provides, however, t h aV,:(regar dless of their population) provinces (wi th
their component cities) sh all have a t least one (1) r epres entative each. But,
a cit y wit h a population of at least 250,000 sh all have a t least one (1)
representative.
(4) Reapportionment of legislative districts. - With in three (3) years
following the return of every census, Congress is mandated to make a
r eapportionment or redistribution oflegislative dis tricts based on the above
standards provided by t h e Constitution (Sec. 5[4]. } so th at inequalities of
r epresentat ion that a rise becau se of changes in population ma y be cor-
r ected.

Party-list and sectoral representation.

(1) A im of the party-l ist system. - The bas ic aim of representative
government is to attain the broadest possible represent a tion of all inter-
ests i n its law and policy-ma king body. It becomes necessary io give an
opportunity to the various S()~.! <1.~, e~9:0.9.IT!i.~, ~1ll~t,t.r..~ L g~.9gr~p_hical and
other grou£§... or sectors of our society to have their voices heard. And
because they are usually withou t sufficient funding or political machinery,
it becom es incumbent u pon the government to extend such opportunity
without the need to go through an expensive elector al cont est.5
For this reason , th e party-};st systein has been adopted in th e new
Constitut ion to assure th em of r epresentation in the high est law-making
body of the Republic.
(2) AppDilltlll£1111li..ele.cJ.ioiJ..J){ . .$£ctJJmLJ:ep.r£B.erJJ.atiu.e.s... -- Under the
party-list system, in addition to the members of the Hou se of Representa-
tives elected from the legislative districts,~~ of it s total composition or
membership (ora_ratio of_ o~~..P.i'!r~Y~U~t.Jepre_s_ent~tive. for every_ 4 leg:i sla-
~ ~!v_e__qi s.tri~t re_pr~seut.a~ ) shall be elected from a list of registered
national, r egional, and Sector al part ies or organization s. tsee Art . IX, C-
Secs. 7, 8.) The maximum number of party -list r epr esent a tives strikes a
balance between those directly elected in t heir districts and those elected
under t he party-list. Thus , if there are 250 member s , 50 t h ereof must be
p a rty-list representatives. P eople will vote not for individual candidates

'•1986 VPL Constitution P roj ect, L.,gislative Department, p. 28.

164 T~~XT BOOI\ 0 :" TI-ll<: l'IU\...IPPTNE CONSTITL'TIO N Sees. 8-9

but for the regis tered par ties which will be entitled to such n umbe r of se ats
depending on the pe rctmtage of votes rece ived.
However, for the first three ( 3) consecutive terms from the time the
party-list system ha s been in operation after the ratifi cation of the new
Constitution, one half (1/2) of the seats allocated t o party-li st represen ta-
tive s shall be filled , as provided by la w, by selection (i.e. , appointment) or
election, from the la bor, peasant, urba n poor, indige nous cult ural commu-
nities , women, youth a n d s uch other sectors as may be provided by law,
except the religious sector. 6
<3) Need {or sectoral representation. - Sectoral representation is nec-
essary because it is almost impossible for , say a farmer , laborer or public
school teacher , to win in an elect ion . It will foster the rise of non-tradi-
tional, political parties and gn~ater participa tion for \'arious interest groups,
not to mention genuine grassroots consultation . After th ree (3) consecutive
terms, it is expected tha t enough of the people or ganized sectorally <e.g.,
labor, farmer, a nd urban poor groups) will be able to win scats in the House
of Representatives under the party-list system a nd those who are not
organi zed hut wish to be represented in the H ouse of Re pre sentatives will
he for ced to organize and, maybe , conlesce with ot her groups in orde r t o
have representa tion. 7

SEC. 8. Unless oth erwise provided by law, the regular elec-

tion of the Senator s and the Me mbe rs o f the House of Repre -
sentatives shall be held on the second Monday of May.
SEC. 9. In case .o f vacancy in the Sen ate or in the House of
Representatives, a special election may he called to fill such
vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall serve
only for the unexpired term.

Kinds of election for members of Congress.

There ar<> two <2) kinds of elections for members of Congress , namely:
(1) B..~~lC!:.?~J!..l!!.~!io n . --It shall be held on the S £~n~I':fonda..L9J Ma_y.
Congress may, by la·w, provide otherwise. (Sec. 8. ) If the election is held

~w hai is prohihitcd is r cpresentc!t ion of a ny .u- ii~jous Aeci or. A priest, minister or other
religiou.;; dignitary may beco nw a sct~tora l rcp re;;ent at. i\'l' of a ny oth er sC'ctor.
"Th{: a lloca tio n of 112 of party -l ist represcntativ•~s t o t h e disadvantagHd !<P.Ctorl'> for the
first three (3 i consecutive t erm;; is a com promise betwe'o'n two (2) vie ws in the Cons tit utional
Commission, one was that t hcy s h ould he as!< ured of rese r ved seats in th~:~ Hous e of Repre-
sen tat-ives tind the ot.hcr, that they ~hould compete in th~~ regular p arty-li.;;t sy8te m just a s
a ny ot.he r party or lll'ga nization. ,·,J(laqu in G. B<: rnas , S.J., !\fah il:. Bulletin , April 29, 1988.)
The fi r st. party-list elect io n un d!'r R.A. No. 7 94 11 Mar. 3, }f)q !) l wa" lwld d uring the May
11. 1998 n ationa l clcctiOH:L Only 12 of tlH' 12 1 m·g anizatio n:; ga rncr~· d ~JHJugh votes (at least
2'1<.) to qualify fur r epr«:scn ta linn in Congrt:;s.
Sees. 10-11 AHT. VI. -- LEGISLATIV~ D.EPA}{'l'MENT 165

beyond the term of office , the member!:; of Cong rc~s cannot hold over. The
purpO S\~ of a regular election is to give the people an opportuPity to renew
or withhold their mandate on elected officials; and
(2) Special election. - It may be called in case a vacancy arises in the
Senate or House of Representatives to illl such vacancy in the manner
prescribed by law. The Senator or Representative e lected shall serve only
for the unexpired term. (Sec. 9. ) The authority to call a special election may
be given by law to the Commission on Elections. The holding of a special
election is not made mandatory by the Constitution.

SEC. 10. The salaries of Senators and Members of the House

of Representatives shall be determined by law. No increase in
said compensation shall take effect until after the expiration of
the full term of all tb~ Members of the Senate and the House of
R epresentatives approving such increase.

Salaries of members of Congress.

Under the above provision , Congress is not prohibited from increasing
or decreasing t he salary of its members. However, any increase can take
effect only after the expiration of t he full term of the members approving
such incrNtse. This rule applies even as to members who voted against the
increase.
The obvious purpose of t.he restriction is to prevent Congress from in-
creasing the salary of its members dm·ing theh· incumbency. To be 5ure,
Congress has the power to provide for higher compensation, but with the
length of time that has to elapse before an increa~e becomes effective, there
is a deterrent factor to a ny such measure unless the need for it is clearly
f(>]t. 1

SEC. 11. A Senator or Member of the House of Representa-

tives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in
session. No Member 8hall he questioned nor b e held liable in any
other place for any speech or debate in the Congress or in any
committee thereof.

Freedom from arrest of members

of Congress.
Section 11 provides for the parliamentary immunities of the members
of Congress. Every member of Congress is entitled to the privilege from
arrest while Congress is in ~ession, ~~.ether or not_ h e i;2 attending sess.i.oll.

1Phil. Con,;t.itution As;'lo<:iation v,.;. MJ.thay, L-2i'in54 , O c:.t. 4, Hl66.

166 TEXTI:\OOK ON THE PHH.ll'l'INF. CONSTlTlJ'l'ION SAc. 11

Congresg is considered in session, reg ular or special, fo r a s long as it has

not adjourned.
Like the guarantee of freed om t>f speech or debar.o {infi·a.), this privi~
lege is intend ed to enable members of Congress tn disch arge their functi ons
"ldequately and without fea r. It ir-; true that the privjlege may be abused.
However, the harm \Vhich would come fr om its abuse is considerf!d slight
compared to that which might arise if t.h.e privilege were not given.

When i.!f!rnunljy_cam:w.tll~.i.r:.t.YQ~~d.:
The immunity ca nnot be invoked where:
()) The offense by reason of whi ch the a rre~t is ma de is punishable by
more than six (6 ) years imprison ment. In this case, the seriousntlss of t he
offense l~.oes not justify the grant of the privih!ge ; or
~2) Congress is no longer in ses!'.ion. In such case, the reason of the
privilege docs not obtain.
T.h!:l..Pr.iY-i} ege j ~ -~. P.er sonal one an<,i IQ!lY b~ waive~.·

Freedom from being questioned

for speech and debate.
A member of Congres:-; enjoys parliamentary immunity in that he shall
not be questioned nor be h dd liable in any ot!wr place for any ~ peech or
debate "in tht-! Congress or in any committee t he reof." The quoted pht·ase
should he construed t o mean that the sta tem ents must be in connection
\Vith or in reh1tion to the pe rform ance of leg-islative duties.
Like t lw privilege from arr est, this privilege is s ecured not to protect
the mt~rnbe rs a gain s t prosecution, but for the bcnetit of t he people , by
ena bling their ,·eprescmtati ves to discharge the function s of their office
without fea r of prosecution. ci vil or criminal.;

!/h~?.r:tl!!l~_u ~!Y...E~~!!.~!.~~~~ ~ i~.~d.

The privilege cannot he cla imed when!:
(( ) The m ember is not m:ting a s a a1 ember of Congress, for he is not
entitled to any privileges a bove hi s fellow citizens; nor are the rights of the
people affected if h e is placed on tht~ sa me gro und on which his constituents
stand;~ and

(2) The m ~ mber is bei ng questioned in Cougn•ss itself, whenever said

body.:considers that hi~ vvcm i s a nd conduct are disorderly and unbecoming
of a member tiH:reof.

'Coffi n vs. Coffin, ·t Mn""'· 1.

)Jbicl .
Sees. 12·1:1 AH'f. VI.- LEGISLATIVE DEPARTMENT Hi7

SEC. 12. All :Members of the Senate and the House of Repre·
sentatives shall, upon assumption of office, make a full disclo·
sure of their financial and business interests. They shall notify
the House concerned of a potential conflict of interest that may
arise from the filing of a proposed legislation of which they are
authors.

Disclosure of financial and business interests.

To promote a high standard of integrity in the legislature, Section 12
imposes two obligations on alJ members of Congress:
(,1) To make a full disclosure of their financial and business interests,
upon assumption of office; and
(.2') To notify the Hous~ concerned of a potential conflict of interest that
may arise from the filing of a proposed legislation of which they are
authors.
'l'he first obligation is necessary in view of the prohibition in Section 14
against having financial interest in any contract with, or any franchise or
spedal privilege granted by, the governm~nt. Note that Section 12 requires
".fu!J. disclosure." If a member of Congress withholds or hyies any informa-
tion of his interests, he may badisciphned -.censured, suspended, or even
rxpelled by the chamber where he belongs.
As to the second obhg~ttion, it is a betrayill of public trust for a member
to vote for the approval of a proposed legislation from which he expects to
derive tinancial advantage especially if he is the author thereof. (see Ar~
XI, Sec. 1.) Even if he is not engaged in a business activity when he file;; u
bill but later gets jnto su(:h business, he is still required to disclose new
business interests and notify the House concerned of the potential conflict
of interest. Note that a legislator may still propose the bill referred to.

SEC. 13. No Senator or Member of the House of Representa·

tivcs may hold any other office or employment in the Govern-
ment, or any subdivision, agency, or instrumentality thereof,
including government-owned or ·controlled corporations or
their subsidiaries, during his term without forfeiting his seat.
Neither shall he be appointed to any office which may ha·ve been
c&·eated or. the emoluments thereof increased during the term
for which he was elected.

DisquaUfication to hold any other office

or employment.
Sections 13 and 14 provide for certain disabilities for members of
Con~:,rress,
the fir~t with respect to their right to hold any other office or
employment, and the second, with respect to their right to engage in
certain activities. Precepts of propriety and ethics underlie the constitu-
loH TE XT ROO K nN T HF: PH ILIPPi i\'E CONS"l' lT UT IOl'\ S ec. 14

Uonal pr ovision disqualifying mem bers fro m holding t:erta in offices in the
gove rnmen t. 1 U nder this provisio n, a member is disqi.talilie d to hold two
classes of office, namely:
( l) .In.cP.mpa_ti}J._le_qffice . - This incl udes any kind of office or e mpl oy-
ment in th e gover nmenC or any subdivision , agency, or ins trumentality
.:hereof, including govern ment-owned or -controlled corpora tions or their
s u bsidiaries du r ing his t erm. T he phrase "any_Qther..Qf1 kl;UU: .e.:rop_)Qy!l_l ~D t."
indude s any position in the government outside of Congress . inclu ding ex -
officio mem bersh ip of a ny nom:ongress ion nl bod.v, committ0.e o1· ~.:omm •.-:.
sion in a ny guise whatsoever. The prohibitiou i'i nds its r ati ona le in the
need for members of Con gress t o de vote their time a nd attention to the
disch a rge of t heir legisl ativc res ponsibilities.
A Sena tor or Representative who acc epts any other office or employ-
men t in the government during hi s term for feits h i:; seat. l t i~ violative of
the very essence of dem ocracy a nd politically immora l Cnr a mem ber of
Congress to tur n his ba ck on his bounden duty to ser w the people who
elected h im to be th eir r e prese ntativn in Congress and e xpected him to
serv e as such for the full term. Hi s occupying a nother position depr ives his
w nstituency of its r e presen tation in C ongres~.
(2) E.!J.r:bid.si&n office. - This r efers to a ny office c r ~ ated or the emolu-
ments of which have been increased d\U'ing .tl~ .tr.:on.. for which he was
elected (S ec. 13.), not merely during h is t enu r e or period of actua l incum-
bcn<.:y. Th e ~tc:r.iod .of jne.ligi.b!J..i.I.Y"::\\:~:~ r~ s P~.<:t to. th~i>9 ..t:wg.Gl.Q. ~.e..s....Qf..Qffke.
doc.s.nn.t come .to an. wd..J;mtil_a f_!:.e l~ .t.h ~.m ~_b er_§.lw !L have 1(~t\ hi!§; offl~-~b.y
Ulc terminaiion ..of. bi.s._t.c.an.. not tenure. (Se e Art. VII, sl~C. 4.} ~f.e, E\.
.memh~.r...<JLC.!l.IUIT~~-~ :;>_Q;'!J.l. .Jl<lt.b.g _eJjgiblc_fo.r..a p_p.oiutllli:n.Lto 'such otficc
even i.f h~ r~s!gl:l_~..oz:_lo~e~-~~i~_.s~~t.
Without the prohibition, me mbers of Congres ~ might be te m pted to
crea te offices or increase t heir emolument s for personal gain.

S E C. 14. No Se nator or Member of the House of R e presen t a-

t ives may personally appe ar as counsel before any court of
justice or be fore the Electoral Tribunals, o r quasi-judicial a nd
other administra tive bodie s. Ne ither shall he, directly or indi-
rectly, be interested financ ially in any contrac t with, or in a n y
franc hise or spe cial privile ge grante d by the G overn ment, or
a ny s ubdivision, age ncy, or inst rume ntality the reof, including
a n y government-owne d or -cont rolle d corporpt ion, or its s ub-
s idial·y, dul'ing his t erm of office . He shall not in terve ne in any
matt-e r before a n y office of th e Gove rnme n t for his pecuniary
benefit or where he may b e calle d upo n to a ct 011. acco unt of his
offi ce.

' V G. Sin(:o, op . cit .. p. 1.59.

 ART. VI . - LEGISLATIVE DBPARTMENT 169

Fiduciary position of members.

'I'hc- prohibi tions under thic;; subject underscore the fidnciary nature of
the position of a member of Congress and thus lend effe~ tivene::;t'i to the
ptinci ple that public office is a public trust. (Art. Xf, Sec. 1.) They may be
grouped as foJlows:
(1 ) ~Pl!.f...(frG!I.9£! as__f:..()_U.!J.§fl.l...l:J..eL(J.r.e.f.!.J}..J!..i:.QJ.fLt.rtfJli.fil.il;J:., P.tc. -- A member
of Congres:s shall not appear personally as counsel before any court of
justice or before the Electoral Tribunals or quasi-judicial and other admin-
istrative bodies. The purpose is to remove any possibility of influence upon
the judges of these courts or heads or members of these bodies who might
be swayed in their decisions by their hope for future appointments to
higher positions. t\npg ~r._g_nce.ia...P.rDhibit.rui...e...~iLno- fc..cs.....ru:e. cbarged...for
.it.
With respect to appear~t nc.- before the Electoral 'rrihunals, the reason
for th(: prohibit-ion is the inconsiste ncy of a mE·mher's position in represent-
ing a party who may not be entitled to be a member of tht~ body to which he
belongs ..F:x~rtion of undue influence is also ilought to be avoided;
(2}. Fi~tEncial ~.n.t.!J~·e_st f_r!-_f!IJ.X.J:.Ontract wilhJl.!&...{JJJJ.lJ?.r..l1JlJ.1:JU... --He shall
nr,t, direct.ly or indirectly, be int.ere:>ted financially in any contract with t he
government, etc., during h is term of office, whether as an individual or as a
member of a partnership or as an officer of a corporation. Financial interest
in such contract by the spouse is indirect financial interest by a member of
Congress ..t.But it docs not extend to such contract entered into by a son or
brother of a member of Con gress unless used as dummy or the member is
pecuniarily interested in the contract. The purpose of the prohibition is to
prevent a member of Congress from using whatever innu<mcc and pressure
jn the award of government contracts.
firy.(Lru:i!JLi.!~tere.i!l in any contract is interest which involves financia l
investment. {e.g., subscription to the capital ~tock of a government corpora-
tion) or business out of which a member of Congress is t o d•!riv~~ profit or
gai.n. Borrowing money from the Philippine JS'ation al B a nk cannot be con-
sidered one involving financ ial investment from which the borrower ex-
pects tO obtain profit;
W) fJ1wncia l ipterest in .a ny_~Jf~t;jqJ__ JlJ:i.l!.i!r:.g(~ .gr{.l._nted by ii~S._g_or!!.r..rt~
.nv:mt., -- He shall not, directly or indirectly, be intere ~t~d financ ially in any
franchise or special privilege granted by the govcrnnH?llt. etc., during his
term of office. The reasop for t his prohibition is lihv.·i st> to prevent mem-
bers of Congress ft·om making use of their inf1ucnce for purposes of finan-
ci al benefitorreward ;and
(4J Intervention in certain matters. - H<> shall not intervene in any
cnuse or.ma"tter ..
bcfo~e--any- oi£i~e- ~{the govern ment for his pecuniary
benefit or where he may be called upon to act on account of his office or to
give his vote as member of Congres.s. The prohibition seeks to insure that
h i;:; en~ry vote on any pending lc.:gislati,·e measure shall be dictated by no
170 TEXTBOOK ON THE PHILIPPIN ~ CQNSTI'l'FTION Sec. 15

oth er conside rat ion t han t he public ~·o <l d , and it applies wht•ther or not he
personally der ives any pecuniary benefit or advantage fro m his interven-
iion.

SEC. 15. The Congress shall convene once every year on the
fourth Monday of July for its regular session, unless a different
date is fixed by law, and shall continue to be in session for such
number of days as it may dete rmine until thirty days before the
opening of its next regular sess ion, exclusive of Saturdays,
Sundays, and le gal holidays. The Preside nt may call a special
session at any time.

Sessions of Congress.
(1 ) & gular..g.ssio(t. - Congress shall convene once ~ very year on the
w.ur.th..M®.QruL_9JJ.l!Jy fo r its regula r session unl ess a different date is fixed
by law. Once it is convened, the .session sha ll continue for such numb ~r of
d ays as it may determine .until a o_day~ before ::;pening of its next regular
session, exclusive of Saturdays, S undays and lega l holidays . There is,
however, no prohibition from holding sessions on Sat11rdays, Sundays, and
legal holida ys.
Congress shall be virtually in session for t he entire year. It is only
proper that it be on the job throughout the year. Lawmaking is a full-time
obligation and not a mere sideline . .Members of Congress receive fixed
yearly income .1
During a r egular session, the Congress may legislate on a ny matter it
deems fit.
(2 ) $pg_c:JE! §ession. - -· It takes place when the Presiden t calls Congress.
during the time thariT is in recess, to s ession to consider such subjects or
legisl ations as he may designate. Its duration is not limited by the Consti-
tution. The President m ay designate t he subjects in his proclama tion or
s pecial messa ge calling Congress to n special session, but the power of
Congress is not limited to the subjects specified . It may enact Ia·ws relat ing
t o other subjects. The Presi dent may also limit the duration of thl~ session
but once it is a lrea dy in special session, Congress may determine th e
duration in accordance with the needs a nd exigencies of the buoiness before
it.
Secret meetings of Congress or any of its com mittees are called ~~-~-\!:
.fuu~.§.lim_s." A...£..l9..e.~g ~-~.§~lQ.!Ll!?..hgt_9_if t...lu.~iS_$.\HdO.. be discussed i nvo! v e s
4l,;;t.ti.Qn!.\l5.e.!,;..\l:r.UY:,. (see Art. 16l4] .)

' Under the 1935 Constit11tion. the Congress was mandated to hold once a year only a
100-day regular s c!lsion toxclusive of Sund ays . This number of days of regular ses>~i•ltl did not
g ive Congre;;s enough ti me to pass importan t bills a s shown by the fact th at yearl y the
P reside nt had to call Congrc!!S to a s eries of E;pecial sessio ns.
SC'c. 16 ART. VI.··-- LEGISLATIVE DEPARL\J[VI' 171

SEC.16. (1) The Senate shall elect its President and the House
of Representatives its Speaker·, by a majority vote of all its
respective Members.
Each House shall choose such other officers as :it may deem
necessary.
(2) A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and
may compel the attendance of absent Members in such manner,
and under such penalties, as such House may provide.
(3) Each House may determine the rules of its proceedings,
punish its :Members for disorderly behavior, and, with the con-
currence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not
exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as may,
in its judgment, affect national security; and the yeas and nays
on any question shall, at the request of one-fifth of the Members
present, be entered in the Journal.
Each Honse shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall,
without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two Houses
shall be sitting.

Officers of Congress.
(1) Congress shall, by a majority vote of all its respective members,
elect the &enhl.e...E.r.es:idcni and ~er oCthe tl_Q!:!._se oL~ill2I!Z§i~T)tatives.
The Senate President and the Speaker hold their office at the pleasure of
the respective members of both Houses.
(2 1 Each House is authorized to choose such other officers as it may
deem necessary (Sec. 16[1J.), such as a Senate President/Speaker Pro-
tempore, a floor leader, a secretary, a sergeant-at-arms, a disbur&ing of:·
ficer, technical assistants, etc. The rules of the present House of Repl~e­
sentatives provide for the election of three ~-Dep:u.t,y S.ne~k~r~ in place of
one (1) Speaker Pro-Te~1pore.
It is important that the officers of both Hcuses be elected at the earliest
possible time so that they can get organized .into a working body to perform
their constitutional duties and functions.

Powers and functions of Senate President

and House Speaker.
The Constitution does not define the powers and functions of the
Senate President and the Speaker of the House of Rer-resentatives. They
 ,_
1 ~" rgxTBOOK ON THE PH1LIPPlN£ CONSTlTUTION Sec. 16

are , however, implied from their position as a dministra tive hea ds a nd

presiding officers of their respective cha mbers. As .such, they pres ide over
their sessions, preserve order and decorum, decide a ll questions of order,
sign a cts, r esolutions , orders a nd warra nts, issue subpoenas, a nd a ppoint
personnel, and discipline them.
Other powers may be given t o t hem by the rules of their respective
Houses for purposes of efficient sta ff s ervices oflegislative work.

Meaning of quorum.
A ~uorum is such a number of the membership of an a ssembly or
collective body as is competent t o transact its business.1 In other words, it
is that number that makes a lawful body and gives it power to pass a law or
ordinance or do any other valid corporate act. 2
Ordinarily, a quorum is at.leas.t~i:la1[£lus one of the members of a
body. - -···-·

Basis of quorum in each House.

Under the Constitution, ".AJnru.Qri.ty_of e ach House" shall cons titute a
q uorum to do business (Sec. 16(2J .) duringit~--sessions: whether regular or
special.
There is a differ ence between "a majority of all the m embers" of a body
and "a majol'ity" of the body, the latter requiring less number than the
former. Under Section 16(2), the basis of the quorum is not the number of
all the members who constitute the entire m embership of each House.
Members suspended or otherwise prevented from participating in the func-
tions of either House or who fo r the time being may be outside the Philip-
pines a nd on whom Congress has , ther efore, no coercive power to enforce
its authority and command, s hould not be counted.3

Adjournment in absence of quorum.

In the a bsence of a quorum , a smaller number m ay adjourn from day to
day and may compel the attendance of absent members in such manner,
and under such penalties, as each House may provide. (Ibid.) This smaller
body is competent to issue orders for the arrest of the absent members a nd
t o choose a n acting Senate President or Acting Speaker as an emergency
measure. 4

1
See 51 C.J. 305.
~Jovellana vs. Tayo, 6 SCJ{A 1042, Dec. 29, 1962.
3 C nder the 1935 Constitu tion which has exactly t he same provisio n IArt. VI, Sec. 12l2)

t hereof.), it was h eld that the basi~> of the quorum in the House of Representatives (the h>wc1·
chamber) is the nu mber of th ~ mem ber:; who were withi.u_t):le P hilippines ,51nd on whom tb,e
!!~~~s.~ !I.!!!!. <:Qer_~i~_ru.!.w~r...!g.Jlufur.cc.. i!.:i.AllLho.J:i.4>-.and <·omala!l!h. lAvl<lino v:s. C uenco, 83
Phil. 1 7.)
4 lb id.
Sec. Hi ART. VI.--·- LEGISL ATIVE Dl~PARTMENT

Without the above power of each House, member s who refuse to attenn
its sessions could obstruct legislative work.

Meaning and function of rules of procedure.

..li!!J:!~-~[E!Oc~c!.__u.!._~-~l}re the rules made by any legislative body to regu -
late the mode and manner of conducting its business.
They are intended for t he orderly a nd proper disposition of the matters
before it. Thus, the procedure and r ules to be observed in its deliberations
(e.g ., what committees, and upon what subjects they shall be a ppointed;
what shall be the order in which the business shall be taken up; in what
order certain motions shall be received and acted upon); election of officers ;
penalties to be imposed upon erring members ; and ma n y other kindr ed
mat-ters, are proper subjects of the r ules of procedure."

Limitations on power to determine rules.

The Constitution empowers each House to determine the rules of its
proceedings. (Sec. 16(3].) Any such r ules is subject to revocation or modifi-
cation by each House.
I

T he rules promulgated sh ould not ignore constitutional restraints or

violate fundamental rights. 6 They cannot repeal or alter statutes. Th~
reason for this is that the Constitution and statutes are superior to the
internal rules of Congress.

Nature of power of each House

to punish its members.
The powQr to punish or expel a member need not be specified in the
Con stitution s ince it would exist, whether expressly conferred or not. It is a
necessary and incidental power to enabl e each House to perform itE- h igh
functions. It is a power of protection. A member may be physically, men-
t ally, or morally u nfit, or afflicted with contagious disease, or insane. or
noisy, or violent and disorderly, or in the habit of using profane. obscene
a nd abusive l a nguage. Even in the a bs ence of parliam entary customs and
practices, legislative bodies have the power to protect thems elves by the
punishment and expulsion of a member. 7
T..h.~-~-th~.t.J.h~. .QQ.TI.!>.t itl!tiQn ..~X..P.:res§Jy giv~s ea~h H ous~_t.hU.9-'Y.e.r to.
P.!l.n!~.b.. .i~~..mb.~s.J.o.r
disorderly behayioi_ilbad.Lda.e.Ji...not imply ibat it
b.~ILI!Q ..P~~r..19.Jn.mish..fQr_~Jm t~m p.t any o~her pers.o.n..~

'\See He iskell vs. Ma>"r, 4 At!. l1 7.

~u.s . YS. Balin, 144 U.S. 5 .
7
Co<>ley, Co nst. Li mit, 8th E d ., p . HIO .
"Arna.ult vs. Nazarene), 87 Phil. 29 . Contempt i$ willful disoix>dit>nce to or open dis re-
spect of !I cou rt or legi 11la t in~ body.
174 TEXTfiOOK ON ·rHE PHlLIPI'INE CONSTTTUT'IO~ Sec. 16

Punishm.en t may .take...the .form. oLr.e.u.riman.d,_fitte.•.forfcit..ur.e..of salary,

i.mP.ti~'!.~.!l)_e n_h_~spensiop__,__~.n.Q._£X.Pl,ll~i.9~

Votes required.
'fo s uspend or expel a member, the concurrence of b&:o.-.thir<;lli.(lf all th~
members of each House is necessary. If the penal ty iU:QR.~nsio n, this sha ll
~-;;;.-;~~L6ii~ciRY.~.?t61-"dj ··-··--------- --- ... ---- ---
l f-ach Hou>w hal> no power to suspend a member for an indefinite period
ofttme. 9 An in definite suspension is considered worse than expulsion in the
sense that in lhe former, a vacancy d oes not a rise and consequ en tly, th e
people are deprived of the opportu n ity to elect a replacemtmt for the period
of the suspension.

Each House sole judge of disorderly

behavior.
'fhe courts arc not authorized to control, revise, or forbid t he exerci!'le
by Congr ess of its power to punish a mem ber for disord erly behavior . It
must necessarily be the sole judge of wh at constitutes disor derly behavjor
not only because the Constitution has conferred jurisdic~i on u pon it, b u t
because the matter m ainly depends on factua l circumstances of which said
body knows best. 10 (see , however, Art. VIII, Sec. 1, par. l.J

Meaning of legislative journal.

A]t;g_i~;la tive jouJ.:n_al is defined as the official record of what is done and
passed in~ i"~g-fslative assembly. It is so-called because the proceedings a re
entered therein in chronolog ical order as t hey occu; from day t.o day.
The record is frequently spoken of in t he plural as t he "journals."11

Purpose of journal-keeping requirement.

The Constitution r equires t h e Congress to "k eep a journal of its pro-
ceedings , and from time to time to publish the same,excepting_svch paJ::t.s
.
as may,
'
in its judgment, affect n.a tional
.
security."
. . ...... _. _
(Sec. 16[ 4].)
The object of the requirement is to insure publicity of the proceedingJS of
Congress, and a cor responding r esponsibility of the members to th eir
r espective con s tituents. Reasons of public policy d~mand a recor d of the
actuations of a legitlla tive body kept in permanent form and open to p ublic
inspection . The journals fulfill t hat role. They a re public because all a r e
required to confi)nn t.o them, and they a re permanent to assure t hat rights-

,.
YSee Alejandrino v,:;_ Quezon, 46 PhiL fl:{ .
10
See French YS. Senate. 146 Cal. 604; Osmei'ia v:;. Penda t.u n , 109 P hil. 863.
11
Cu!;h ing, Law anrl Practi~:e in Legislat ive t\s.;emblies, c i t()n in Montgomery vs. Gasto n,
126 A\11. 125; 5 1 L.RA. :{96, <1 01.
SP.c. 17 AR'r. VI. - LEGISLATIVE DE PART~1E~T 175

acquired upon the faith of what has been declared to be the law shall not at
som e future time be destroyed by facts made t o res t only in the memory of
individuals. 12

Matters to be entered in the journal.

The Constitution requires the following to be entered in the journal:
(1) The y eas (affit·mative votes) a nd nays (negative vote~) on any ques·
t ion, at the r equest of one-fifth of the members present {]bid.);
(2) The yeas and nays on the passage of a bill upon its last reading (see
Sec. 26(2].) ev en in the abs ence of a request to that effect as it is of great
importance that. such vote be recorded so that the people may know the
stand of their representatives on a particular measure;
( 3 ) Such other matters which each House in its discretion m ay direct to
be so entered in the journal;
(4) The yeas nnd nays on the repass age of a bill vetoed by the President
and the names of the members of each House voting for or against (Sec.
2'7Ll].); and
(i)j The vote of each member of the House of Representatives in im-
peachment cases. (see Art. XI, Sec. 3[3].)
Matters which in the judgme nt of e ach H ouse affect national security
s hall als o have to be entered in the journal but they shall be excepte d fro m
publication. (Sec. 16[4 ].)
Each House shall a lso keep a Record ofits proceedings. (Ibid.)

Adjournment by e•ther House without

consent of the other.
During the :::;essions of Congress, either House may adjourn for not
more than three (3) days. Without the consent of the other , it cannot
adjourn f<n· a longer period or to some ot her place than that in which the
two Houses sha ll be sitting. (Sec. 16[5].)
Without the rule on adjournment, a House can delay or h old up the
work of legis lation. E very bill passed by either House has to be voted u pon
by the other before it is prescntfJd to the President for approval. (see Sees.
26[2), 27l l ].)

SEC. 17. The Senate and the House of Representatives shall

e ach have an Electoral Tribunal which shall be the sole judge of
all contests relating to the election, returns, and qualifications
of their respective Members. Each Electoral Tribunal shall be
, .... . . .
composed of nine Mem he rs, th ree of whom sh all be Justices of

11
See FiP.Id vs. Clark, 143 U.S. fH9 ; lf.5. vs. Pon.~. 24 Phil. 729.
176 TEXTBOOK OX THF. PHILIPPINE CO:>:ST!Tt..:TlON SfCS. 17-19

the Supreme Court to be designated by the Chief.Justice, and the

t•emaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the
basis of proportional representation from the political parties
and the parties or organizations registered under the party-list
system represented therein. The senior Justice in the Electoral
Tribunal shall be its Chairman.
S:t<:C. 18. There shall be a Commission on Appointments
consisting of the President of the Senate, as ex officio Chairman,
twelve Senators and twelve Members of the House of Repre-
sentatives, elected hy each House on the basis of proportional
representation from the political parties and the parties m·
organizations registered under the party-list system represented
therein. The Chairman of the Commission shall not vote, except
in case of a tie. The Commission shall act on all appointments
submitted to it within thirty session days of the Congress from
their submission. The Commission shall rule by a majority vote
of all the Members.
SEC. 19. The Electoral Tribunals and the Commission on
Appoint.mcnt.s shall he constituted within. thirty_<l~ys after the
Senate and the House of Representatives shall have been organ-
ized with the election of the President and the Speaker. 1\hc
~~m~ission on Appointmen.ts sha~l n1e~t _~t_ilir_1¥hj!~ !!l.e.J=:on-
Jrr.~~~ .!~.i~ session.La! _t~~ ~~ll-~f. i~.~-~.P.:~!!.rlla~ or~ ~!ljority of ~ll
.its..Memb.er~•. !!!._<!!_!i;_cha_!X~.~U.:ch .~~~~~-~nd functions as are
~r~!~.~-o~f~!:.t:~~-.!IP~n Jt..·--··· ----------·

Electoral Tribunal in each House.

(1) Composition. constitution andjurisdidion.- An ~~1ectoral Tribu-
nal, composed of nine (9J members - three ~:)).Justices of the Supreme
Court designated hy t.he Chief ,Justice and six i6) members of the Senate or
the House of Representatives, as the case may be, chosen on the basis of
proportional representation from the political parties and t.he parties or
organizations registered under the pm·ty··list system represented therein
-is created in each House of Congress. It ~ha1l be constituted within :30
days after the Senate and the House of Hepresentatives shall have been
organized with thf~ election of the President and the Speaker. (Sec. 19.) It
has exclusive juri~diction over all contests relating to the election, rctums
and qualifications of t.heir respective members. (sec Art. IX, C-Sec. 212].)
(2) Reason for creation. - Under the 1973 Constitution, this power
was given to the Commission on bledions. 1 It would seem inappropriate~ for

'Article Xri, C-Stwtinn 2r2) thereof.

S !:'CS. 1 i-19 AHT. VI. ·-· LEGISLA1'lV8 DgPART.M EN1' 177

'
an admin istrative a gency. an i ndependent constitutional body notwith-
standing, composed wholly of a ppointive members, to act as a judge of
election contests affecting elected members of no less than the legislative
organ of the State. On the other hand, it would be imprachcal to make each
House the sole judge of snch contests as this would make the procedure
unwi eldy and the deliberation immersed in partisan polltics. The Electoral
Tribunals, by their composition and the method by which they arc consti -
tuted (Sec. 17.) , solve the problems presented above . With a mixed mem-
bership partly tak'3n from the Supreme Court and partly from t he House
concerned, an independent bociy of sufficient stature "invested with a
m easure of judicial temper" nnd free from the cont r ol of political parties is
created to in.sure a fair and impartial determination of election contests
involving the right to legislative seats.
The system also enables Congress to concentrate on its prope1· function
which is lawmaking. rather t h<Jn spend part of its tim e adj udicating elec-
tion contt~sls.

The Commission on Appointments

in Congress.
Composition, constitution, and naturt'. --The Commission on Ap-
(1 }
pointments is composed of 2:'.5 members ·- the Pre~ident of the Senate as ex
officio chairman, 12 Senato1·s a nd 12 members of tht! H tlttse of Representa-
tives, elected by each House on the ba~i:.: of proportional tepresentation
from the political parties and the parties or organiz ati ons registered under
the party-list system. Like the Electoral Tribun als, the Commission on
Appointments is constituted within 30 days after the S enate and the House
of Representatives shall h ave been organized with the election of the
Senate President and Speaker. It meets only whi le Congress is in session,
at th e call of its Chairm <'l n or a maj ority of it;:. members, to discharge its
power s and functions. (Sec. 19. )
As created and constituted, it is a ::;.ort of joint committee of the Senate
and the House of Representatives. Cnlike an ordinary joint committee of
the two Houses, however, which has to report it!-l action to Congress for
approval or disapproval, the Commission on Appoin tments acts independ-
e ntly of Congress and is legally not responsible to H . Once created. it
operates as a distinct entity, legislative in composition but executive in
fun ction. 2
(2) Power or function. - The p ower of the Com m ission on Appoint-
men ts is to approve or disapprove appoin tmen ts submitted to it by t he
Presid ent. It must act on all such appointments. by a majority vote of all
the members, within ·ao session days of Congress from their submission.
The Commission on Appointm ents is. in a way. th e representative of

~.G. Sinco, op. cit .. p. 195 .

178 TF.XTBOOK ON THE PHILIPPINE CONSTITL1TlON Sec.-. 20-21

Congr esf:; v~ste d \Vith full authority to consider the nominations made by
the President to the more important positions in the government.~
{3) Rewwn for creation. - The creation of a Commission on Appoint-
ments, which was prov.ided in the 19~5 Constitution, is based on the principle
t.hat it is best to have a deliberative body pass upon appointments to impor-
tant positions in the government. The Philippine experience in the 14 years
after the declaration of martial law in 1972 showed that on~ person cannot
cany out the job of srr~ening prospective appojntees as well, as a larger body
can. The complaint against the practice, however , u nder the 1935 Constitu-
tion was that the appointment process became highly partisan, considering
that membership of the Commission was drawn along party lines.
It is a good procedure to give the names of presidential nominees the
widest publicity possible before appointil"ents are finalized in order to afford
the public an opportunity to present their ol~jections to the nominees. 1

;SEC. 20. The records and books of accounts of the CongrE>ss

shall be preserved and b e open to the public in accordance with
law, and such hooks shall be audited _b y the Commission OJl ~qdi t
which shall publish annually-an itemized list of amounts paid to
and expenses incurred for each Member.

Records of Congress open to public.

Congress is enjoined by the Constitution to preserve and open its
records and books of accounts to the public. (see Art. III, Sec. 7.) Such hooks
s ha ll be audited by the Commission on Audit, which shall publish annually
an itemiz£>d list of amounts paid to and expenses incurred for each mem-
ber.' This requirement, however, is not absolute. Congress may prescribe
by law the conditions to be complie d with in the exercise of t he right vf
inspection of its records and books of accounts.
The con sti tutional provision will limit the opportunity to misappropri-
ate public funds.

SEC. 21. The Senate or the House of Representatives or any

of its respective committees may conduct inquiries in aid of
legislation in accordance with its duly publishe d rules of proce~
dure. The rights of p ers ons appearing in or affected by such
inquiries shall be respected.

·'I bid.
4
1986 UPL Constitut.ion Project., Legi;;l ~:~tive Department. pp. 28-29.

'The above provi~inn i.o; not. found in thP. 1935 Constitutiotl; ht•nce, t.he hook:> of account.:.
nfCongros.s had never been op~ned to the public. There was a strong public suspicion thnt the
members of Congrerss thcm;;elves rect:'ived most of the extrnvagtmt clerical hire and tho so-
Ct!llcd congressional allowan ce;, a.nd other mi;;cellan~~ous cxpHn.;e.s. This alleged practice wa:;
one of the principal reason,; for lhe e ro..::ion oft he people's confidt:>ncc in thflir Congress and,
to some llx t.ent, in the govcrnm t:nt itself.
Sec. 21 AR'r. V I. -- LEUISLAT I VB DEPARTMF.N1' 179

Power of legislative inquiry and investigation.

Section 21 authorizes each H ouse or any of it;; committecH 1 to conduct
inquiri es (investigations ) in aid of legislation. Even in the absence of the
provision, however , Congress may exercise t.he power to investigate as it is
an essent ial and appropria te auxiliary to the legi sl<~tive function.
( 1) Sound legit-dation. · - A legisla tivE> body cannot legislate wisely or
cffectiv~ly ·IiiTh._e.. abseii.ce
of informa tion respecting the conditions which
the legislation is in te nded to affect or changf); and where the legisla tive
body does not itsel f possess the req uisite information - which is not
infr equently true -· re courH: mus t. be had to others w bo do possess it. So,
some means of compulsion may be essential to obtain what is needed.
Congress has the power to punish for contempt a person •vho r efu ses to give
testimony or in formation p()rtinent to the inquiry within its jurisdiction .2
(2) Other desirable bem~fits . - ·This incidenta l function of a legisla tive
body produc-es··otht~ t· deH1rabie resul ts . Legislativ~ h~~arings enable the
public to inform itself on governmental problems. They can l:llso help
crystallize and influence public opinion on important issues. A law enacted
after it h a .:; been shown by facts brought out in such hearings that warrant
its inco.r poration in t he statute-hooks, enable8 the executive to enforce it
mor e effectively and the courts to apply it more wisl:!ly or correctly.:~

Scope of the power.

( 1) lii.d.t.Q_Qthfl!. ~eg.i:'>latiue fnnction.~. - The power of inquiry and inves-
tigation4 exists n ot only. to enable Congress to dii:~charge effectively its pri-
marily legislative or lawmaking functions. U likcwisP. extends to hearing-s
on other matlt~rs within its jurisdiction notably the power to impeach , to
propose amend ment~, and to take disciplinary action a gainst its members.'
(2 1 .L_i~tL£0.J.Jons._-
In legisl ative investigations, as in the court!S of
justic~. the (:onstitutional rights (e .g., rights against sel f- incrimination.
r ight to counsel, etc.) of pcr son:s appearing in or affected by s uch inquiries
must be r espected. Each H ouse is required to publi sh the r ules of procedure
to be followed in said inquiries for th(: guidance of any person who may be
summoned before it. Thus, the hearings must be conducted strictly in
accordance with said rules and not. dopend on the whim s and caprices of the
membe!'s of the investigating committee.
The r equirement seeks to ensure that this vital powP.r s erves only the
purpose of legit imate inq~iry. In the past Congress, this power has been
abused by some legislators hy making it an instrument of oppression.

' In order to di.stribute their work . p;1rt.ic ularly of :;tud~·ing ch(' great num ber of hills
filed, both Houses arc div ided into CommitlP.!:'s.
'lArnault vs. N<t zare no, 8 6 Ph il. 29; McGrain v><. Llrmgh~~ rty . 273 l!.8. 135.
' See V. G. Sinco, op. tit., p . 199.
' The ConstiLution speak.; of~inquiri cs" t o gather bcti' l O niu <!i ther House in its legis la-
tive function . l n fact, tbe word "in ve~tigation .. is a mi,;nomer. Jt i.~ boyond the scope (I( the
power to find probabl e cau~e or guilt r,f any P<~ l'.-;on t e:;tifying lu~fl•re it.
''Tanada >llld r'ernando. up. cit., p. 7134.
lRO TEXTBOOK ON THE I'H ILI I'l'lNF: CONSTITUTTON Si.lt'S. 22·23

SEC. 22. The h eads of d epartments may u p on their own

initiative, with the co nsent of the President~ or upon the req uest
of either H ouse, as the rules of each House shall provide, app ear
b efore and be heard by s uch Hou s e on a ny mat t er pertainin g to
their departments. Wr itten questions sh a ll be submitted t o the
P r esident of the Senate or the Speaker of the Hou~e of Repre·
sentatives a t least t h r ee days before their scheduled appear·
a n ce. Interpellations sh all not b e limited t o written quest ions,
but may cover matters relate d thereto. When the security of the
State or the public interest so requires and the President so
s tates in writing, the appearance shall b e conducted in execu·
tive session .

Appearance of heads of departments

before each House.
( 1) Under Section 22, heads of depart ments cannot be r equired to
a ppear before either House under pain of being decla r ed in contempt1 in
view of the separation of powers between th e legis lati ve and executive
bran ches. Th e President may prohibit t he appearance of hea ds of depart-
ments before Con gress. Note t ha t Section 22 r efe rs only to heads of depart-
ments and not to lower executive officials .
(2) They may appear u pon their own initiative with the consent of the
President, or even without the consent of the President, upon the request of
either House on any matter pertaining to their departments. Such appearance
i s useful as a device for monitoring the programs , activities, and the manage-
ment of the affa irs of the various departments particularly if the proceedings
a re a dequa tely communicated to the people wh o will be in a better p<Jsition to
evaluat e the performance of an administration as a whole.
(3-) Written questions shall be submitted t o the Sena te Preside nt or the
Spea ker of the House of Re pl'esentativ~s at least three {3) days before the
scheduled appearance of t he depa r t ment h ead concerned t.o give him time
to prepar e h is a n swers and to submit document~ in support thereof. How-
ever, the interpellations to be made may covt:r not only the written ques-
tions s ubmitte d but also matters re lated ther eto.
(.4) The proceedings s hall be open to the public like other sessions of
each House, but it sha ll be conducted in executive sessions when t he
security of t he State or public interest so re quire~ and the P resident so
states in writing.

SEC. 23. (1) The Congress, by a vot e of two -thirds of both

Houses in joint session assembled, voting separately, shall have
the sole power to declare the existence of a state of war.

'.CGlle~s willful disobedience to a la wful order of, or op<"n disrespect of, or willful
obstr uct ion of, a legi:;lative body (or a court) in the couri'll'l of exercisi ng its powe rs.
S<' C. 23 ART. VI. - LEGISLATIVE DEPARTMENT 181

(2) In times of war or other national emergency, the Con-

gress may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national
policy. lJ....nle&.s.Qoner. w.ithdra_w_n_b_y_~~~.QlJJtiQn..2Ube Conaress,
~Sh.F~wer.~ .shall ~.~.R~~.. Y.~Wn. the...ne.xt.adj.ournment the&'eQ4

Power to declare existence

of a state of war.
The Constitution grants Congress the sole power to declare the extst-
ence of a state of war. The concurrence of two thirds...uf both Houses in joint
session assembled, voting Sl:lparately (not jointly) is required for the exer-
cise ofthis power. (Sec. 23[1].1 Because war directly and vitally affects all
the components of the entire n ation, it is deemed essentia l that the reApon-
sibility to make such declara tion should rest with the direct representa-
tives of the people in Congress.
While the responsibility to make the declaration rests on Congress, the
President, however, through his dealings with a fore jgn country, may bring
about a state of affairs that Congr ess may be left with no alternative but to
r ecognize and declare t he existence of a state of war. The President. may
find it necessary to engage in war without waiiing for Congress t1 make a
declaration of war.

War contemplated.
The war contemplated here is ~-A~~nsive, not an aggressiv~- V{ar,
because by express constitutional provision, the Philippines renounces war
as an instrument of nationa l policy. (Art. II, Sec. 2.)
The phrase "to declare war" in the 1935 Constitution was changed to
".t.o..d.e.dare..ilie....ex.i~..oi.:w.iLf" in the 1973 Constitution which is retained
in the new Constitution except with the insertion "of a r.tate" because the
original provision in the 1935 Constitution may give the impression that
Congress can declare a war of aggression.

Delegation of emergency powers.

Section 23(2) is an exception to the rule that the Congress may not
delegate its legislative aut.hority to any other office, agency, or entity. (see
Sec. 28f2].) During grave emergencies, it may not be possible or practicable
for Congress to meet and exercise powers. To.. met:t any s.uch occasion, .the
~Cog~itY:1~0..!l. ~~JLrkS_~ly_p_er.lllils .C..ongr.e.s.s. t.o_.grant I egi sla t.i ve..puw.e.r.s. t.o. the
J:!;.esi dg_Qh_~:t,I.l;>j~.t.W. certain conditions .as. fuJ.lows:
. <:!.! The emergency powers may be granted by law to the President only
tn t~mes of war (whether declared or not) or other national emergency (e.g.,
rebellion, grave economic depressionJ. It is the Congress that determines
whether there is a war or national emergency (see Art. XII, Sec. 17 .);
182 TEXTBOOK ON THE PHILIPPINE CONSTITUTIOJ.\"

{1) The said powers must be exercised only during a limited paiod,
that is, for the duration of the war or other national emergency;
~) They must be exercised subject to such restdt:tions (e.g., requiring
the President to make a report to the Congress when it meets in session) as
the Congress may prescribe;
(4r They must he exercised to carry out a national policy as declared in
the law delegating the authority; and
(,5) They shall automatically cea~e upon the next adjournment (i.e.,
adjournment of the next sesgion) of Congress, unless sooner withdrawn by
resolution in view of its opinion that the emergency has ceased. This
provides a safeguard against the exercise of emergency powers by the
President even when the national emergency for which the powers were
intended no longer exists.

SEC. 24. All appropriation, revenue or tariff bills, bills au-

thorizing increase of the public debt, bills of local application,
and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose Ol' concur with
amendments.

Meaning of appropriations bill.

Anappropriatfoi~S b~!l is one the primary and :';pecific aim of which is to
make appropriations of money from the public treasury. A bill of general
legislation which carries an appropriation as an incident thereto to carry
out its primary and specific purpose is not an appropriations bill.

Kinds of appropriations.
An appropriation. is an authorization made by law or other legislative
enactment, directing payment out of governmtnt funds under specified
conditions and/or for specified purposes!
Appropriations may be:
(1) Annual or general appropriations. - They set aside the annual
expenses for the general operation of the government. The general appro-
priations bill is more popularly known as the budget;
(2) Special or supplemental appropriations. -They include all appro-
priations not contained in the budget. They are designed to supplement the
general appropriations;
(3l Specific appropriation.. - One which sets aside a named sum of
mor.ey for the payment of a particular expense; and
(4) Continuing appropriation.- One which provides a definite sum to.
be always available from year to year, without the necessity of further

!Administrative Code of 19~7 (Exec. Order No. 292.J, Book VI. Ch~pter l, Section 2(ll.
Sec. 24 ART. VL. -· LEGISLATIVE llF:I'ARTME:>l'T ..-· 183

legislative action, for the purpose appr.)priated even after the original
amount shall have been fully spent. When the original amount is spent, a
like amount is automatically appropriated for the original purpose.2 The
provision of the Constitution fixing the annual salaries of <;ertain constitu-
tional officials (see Art. XVIII. Sec. 17 .) operates as continuing appropria-
tions for their respective salaries. The new Charter, however, affords
Congress the necessary flexibility to adjust upwards the salaries in re-
sponse to inflation, suhjed ic limitations provided.
Section 25(7) provides for automatic rcappropriations in case offailurc
of Congress to pass the general appropriations hill for the ensuing fiscal
year.

Meaning of other bills.

(1) J1f.utmu!l.bi!l. -One the primary and !:ipecific purpose of which is to
raise revenue.
(2l T_~t.riff hill~ -- As used in the Constitution, it has r(>ference to one
imposing cu~toms duti es for revenue purpose~. A bill imposing high tariff
rates (rates of customs duty) on certain imported a rticles to protect local
industries against foreign competition (which is its primary purpose) is not
a revenue bill and, thert:lfore, not a tariff bill as contemplated by the
Constitution, although incidentally it•creates substantial revenue.
{ 3) .!$.ill_ G_'{f_l/J9..rLz ~~z_g i.nr:r.ea.£.C....Q{..11te._pu blic...d..e.bt. - One which creates
public indebtedness such as a bill providing for the i ~:->uance of bonds hnd
other forms of obligations. Such bonds are to he paid with the proceeds to
be derived from taxation and other sources of government revenue. 3
( 4l 8ill~al applicati(Jn. - One affecting purely local or municipal
concerns like one creating a city or municipality or changing its name.
(5) Private bill. - One affecting purely private interest, such a~ one
granting a franchise to a person or corporation, or C•impensation to a
person for damages suffered by him for which the government considers
itself liable.

Bills which must originate exclusively

in the House of Representatives.
Under Section 24 , the House of Representatiws hnz, the exclusive
authority to take the initiiltive in the presentation of the bil ls mentioned.
These measures may not originate in the Senate, but the Senate may

' See V.G. Sinco, op. ('it .. p. 210. The Admini;.trat.ive Cod~: of 19irt defin '~" the term as
1

r<?.ferring "to an appropriation available to support obligations f1•r a !lpecifiAd purp<~;;e or

prvject, even when these ohligations are i.ncurr~d ht>~·nnd the budget year." <Bnvk VI, Chap.
J, Sec. 2(,6J.i
·'Jbtd .. p. 197.
184 TEXTBOOK 0~ 'l'H E PHT1.1f·J'L'\ E \'U:\S1TI't ..fJ O;\ Sec. 25

propose amendments to them aHd refus<· t o hppro,•~,- them if their amend-

ments a re not accepted by the- HPn!:'e of R ~ p!"e:-:e nt.a ti, · es.
It is said that the Hou ~t- of RPpre-~£'"t.?. ti v~.:- !wing thE' more popula r
branch of Congress, bE'ing c:loscr t o thE r>t-> Pp} f>. an d ha ,·i ng more freq11 en t
contacts with them th an t hP S E'na l.e. shou;rl ha"t t.bf: -rri "ileg£' oftak\ng the
initiative in the proposal of rcveJnh~ a n d t.ax pro.it:-cts, the disposal of the
people's money, and the contracting of publi(: indebtedness. 'fh ese powers
of initi ative in the r aising and spending ofpnblic: funds enabl(' the House of
Representatives not only to impl ement ~ut !'ven t o det e rmine t he fiscal
policies of the government. The <Jnth ority ifJ ini ti ate tariffl egislat ion makes
it a ' 'ery impo rtant instrument in moulchng forP1gn polir~· and bruiding the
direction of the industrial and economie developm ent of the nation.•

SEC. 25. (1 ) The Congress ~ay not increa.~t; the appropria-

tions recommended by the P resident for tht> operation of the
Governm e nt as specified in th e budget. The form, content, and
manner of preparation ofthe budget ~hall b e prescribed by law.
(2) No provis ion or enactment s hall b e embraced in the
general appro priations hill unless it rP.late~ specifi cally t.o some
particular appropriation there in. Any such provtsion or enact-
ment shall he limited in its operation to th e appropriation to
which it r e lates.
(3) The proce durP in appro ving appropr·iations for the Con-
gress shall strictly foll o w th e proced ure for approving appro-
priations for othe r departments and agencies.
(4) A s pecial appropriations hill shall s pecify the purpose
for which it is int.ended, and shall ·he supported by funds
actually available as certified by the National Treasurertor to be
raised by a corresponding reve nue p r oposal there in.
(5) No law shall he pas!'ed a u thor i zing any transfer of appro-
pria tions; however, the Preside nt, th~ President of the Se nate,
the Speaker of the House of R e presentative:'. the Chief Justice
of the Supreme Court, and the heads of Con$tit.utional Commis-
sions may, by law, be authorized to a ugment any item in the
general appropriations law for their respe ctive offices from
savings in other items of their r espective appropriations.
(6) Discretionary funds appropriated for particular offi·
cials shall be disbursed only for publi<: purpose s to be supported
by a ppropriate vouchers and s ubject to such guidelines a s may
be prescribed by law.

qhi.d. , p . 196.
Sec. 25 ART. VI. - LEGISLATIVE DEPARTMEN1' 185

(7) If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing
fiscal year, the general appropriations law for the preceding
ftscal year shall be deemed reenacted and shall remain in force
and effect until the general appropriations bill is passed by the
Congress.

Meaning of budget.
A ..f2udge~ is the financial program of the national government for a
designated calendar year, consisting of statements of estimated receipts
from revenues and expenditures for the calendar on which it is intended to
b e effectiYe based on the results of operations during the preceding calen-
dar year. l
It refers to the financial plan required to be prepared pursuant to
Section 16f 1), Article VIII of the Constitution.

Submission of proposed budget

by the President.
The "budget" of expenditures and sources of financing, including re-
ceipts from existing and propos~d revenue measures (see Art. VII, Sec. 22 . i
which the President has to prepare and submit to Congress is intended a:, a
guide for the latter to follow not only in fixing the amount of appropriations
but also in determining the specific governmental activities for which
public funds should be spent.2
The form, content, and manner of preparation of the budget shall be
prescr ibed by law. 3 (!bid.)

Increase of appropriation recommended

by the President.
Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget.
(Sec. 25[1 J.) Bein~ responsible for the proper operation of the executive
department, the President is naturally the party best qualified to know the
maximum amount that the operation of his department r equires. 4

1The fiscal year fur all bra nc.)Jes, subdiv1sions, instrumentaliticR, departments. bureaus,

offices, a nd agenct P.!'. of the government, including government-owned or -.:on trolled corpora·
tion s, is thf! period beginnil1g with t.h e 31Bt d11y of ,January and end• ng with 31st day of
Decem her of each calendar year .
;rv.G. Sinro. op. cit, p. 209.
~The Admini,;t.rat.ive Code of 1987 (Exec. Order No. 292.1. in Book VI thereof, governs
national gMArnmPnt budgeting, more specifically: budget policy an d ~pproach, preparation,
authori za t i<m, execution and accountability, and expenditure of expropri!lted funds. Th<>
budget is prepar~>d by the Department of Budget and Mana~ement.
•V.G . Sinco, up. cit., p. 209.
186 TEXTBOOK Oi'.' THE PHILIPPTNI-: COI.'\STTTV1'l0~ Sec. 2:>

Neither can Congn·Rs in crease its outlay and t hat for the j udiciary a\Hl
t.he constitutional bodies in the propos<"d budgPt on the theory t hat the t·e i!'
already a consensus tm the amounts needed by them when th<l proposed
budget i:-; being prepared. With respect to the j uditiary, it.s appropriation:.;
may n ot be reduced by Congrt•sio: below the a mount a ppropriated for l he
previous year. tArt.. Vlii, Sec. 3. ) ln the cal'~ of C0ngress, having t.he
authority ov~r the appropriation::; itself, tht~ limitation i~ n ecessary as a
check again st its abuse.

Prohibition against riders.

The m ai n object of the rest.rictions in Section 25(2 l is tn do away with
what. are called riders. (sec Set:. 2611J. l
A~ is a provision or enact ment. im;erted in tht! general a ppropria-
tions hill which does not relate to some particular appropriation therein. A
provision, for instanec, in the general appropriations law "p rohibiting
governm ent officers and ~rnployees to do private \·vork" or refer1·ing to the
''calling to active duty and the rcver~ion t.o inactive status of reser ve
officers"s is a rider as it has no direct con,lection wit.h any definite item of
appropriation in thC' law. Such provision shall be of no ee·ect. In h~gal
contemplation, it i~ as though it has never been passed.
The objective of the Constitution is not only to prE!vent the general
appropriations bill from being u~ect as a vehicie which controversial legis-
lative m atter s may be enat:ted int.'> law \':ithout due ron~ideration , but also
to facilitate the enactment of s uch an im portant. lfnv t hat will set t he
government machinery in motion.t\
Any provision or enactment. in the general appropriations bill shall be
limited in its operation to the appropriativn to which it relates. iSec. 25l21. J

Procedure in approving appropriations.

The Const.itution .requires a stan d~rd procedure in approving appro-
priations. The procedure adopted for approving appropriations for other
departments and agencies shall be followed $trictly i11 <lpprovlng appro-
priations tor Congress. tSec. 25f:3l.) This provide$ a safeguard against the
abuse or misul:>e by Congress of its pow(~r to appropriate.
Under the 1935 Conl';titution, the appropdations for both h ouses of
Congress, unlike in the case of Lhe budgets of other government agencies,
were not deliberated upon in opr:>n session.

'{.Tar~:i a v:;. M n~.a. L-a::nt3, Ju ly :30 , 197f).

"DP.l. II. Mendoza , "Tht:! New Bud)(to tarf P rovisi•ml:l." in C. H. Mont.cjo. "The N!!w Con;;ti·
tution" ( 19731, p. 1.23.
Sec. 25 ART. VI. - LEGISLATIVE DEPARTMENT 187

Requirements with respect to special

appropriations bill.
The Constitution requires that:
\l) It should specify the purpose for which it is intended; and
(~) It should be supported by funds actually available as certified to by
the National Treasurer or to be raised by a corresponding revenue proposal
included therein. (Sec. 25r 41. )
The restrict ions are intended to put an end to the legislative practice
under th e 1935 Constitution of passing appropriations bills without the
corresponding funds.

Requirement to insure a balanced budget.

The Constitution requires that the level of expenditures must be within
the level of the revenues expected to be raised from existing and proposed
revenue measures (Sec. 25[4]; see Art. VII, Sec. 22. ) to prevent deficit
spending.
In the old Congress, some members indulged in the practice of intro-
ducing or advocating legislation for additional expenditures (e.g., subsi-
dies, salary increases, etc.) while at the same time opposing measures that
would raise revenues to finance the additional expenditures that they
themselves proposed. This inconsistency is no longer possible under the
new Constitution which expressly requires that the appropriation propos-
als must be accompanied by certification of actual fund availability or
corresponding revenue-raising measures.

Prohibition against transfer of funds.

The Constitution prohibits t he enactment of any law authorizing any
transfer of appropriations from one branch to another. (Sec. 25[5].) The
provision. is aimed at stopping th e practice in the past of giving the Presi-
dent a uthority to transfer funds from one department to another or under
one a ppropriation law to another, which in effect invested him with the
legislative power to appropriate, thereby providing a loophole for violations
of the a ppropriations act. The prohibition plugs this loophole.
However, the President, the Senate President, the Speaker, the Chief
Justice of the Supreme Court, and the heads ofthe Constitutional Commis-
sions may be authorized by law to augment any item in the general
appropriations law for.their r espective offices from savings in other items
of their respective appropriations. (]bid.)

Rule as to discretionary funds.

Congress may appropriate funds (e.g., intelligence funds) for certain
operations or activities of the government to be disbursed at the discretion
of particular officials. This is allowed when it is not possible to determine
188 TEX'l'BOOK ON THE PHILIPPINE CONSTITUTION Sec. 26

beforehand when the expend itures have to be made, the exact a mounts
needed, and the specific u::;e thereof. Or when, for reasons of national
security, such expenditures are classified or forbidden to be disclosed to the
public by law or administrative regulations.
As a safequa rd against illegal , unnecessary, a nd extravagant disburse-
ments, or misappropriations by officials authorized to spend such funds,
the Constitution imposes the following conditions:
( l) The disbursement must be only for public purposes;
(2) It must be supported by a ppropriate vouchers; and
(3 ) It must be subject to s uch guidelines as may be pres cribed by law.
(Sec. 25[6J.)

Automatic reappropriation.
In case of fai lure of Congress to pass the general appropriations bill for
the ensuing fiscal year , t.he general appropriations law for t he preceding
fi scal year sh all be deemed re-enacted. It shall remain in force and effect
until the general appropriations bill is passed by Congress. (Sec. 25f7].)
This provision is not found in the 1935 Constitution.
It is evident that the conseque nc~s of failure, voluntary or otherwise,
on the part of Congress to enact a general appropriations law for lhe
operations of th e government are serious; and so the wisdom of a constitu-
tional provision for the automatic reapprop ri ation of the same a mounts
appropriated for t h e preceding fisc al yea r is beyond question.;

SEC. 26. (1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title the reof.
(2) No bill passed by either House shall become a law unless
it has passed three readings on separate days, and printed
copies t h ereof in its final form have b(:'len distributed to its
Members t hree days before its passage, except when the Presi-
dent certifies to the necessity of its immediate enactment to
meet a public calamity or emergency. Upon the last reading of a
bill, no amendment thereto shall be allowed, and the vote thereon
shall be taken immediately thereafter, and the yeas and nays
ente1·ed in th~ Journal.

Lhnit~tic:>n_~ Q~. !f:tE!..R~~~r. Q!.. £!?_'!9~ess.

The legisla tive power is not without. limitations. Such limitations may
be classified into:
(1) tS.u.b.s.tant.i.IJ.&.. -Th ey refer to the subject matter of legislation, and
they may b~:

'See Buck, The Budget in Gover nment of Today, p. 219.

 AH.'l'. VI - LEGISLATIVE DEPARTMENT 189

(a)J.....11JJ2(£1!1-.J.f:!.nit[_tJ.!!?.!!:..f!.: ·- They do n ot arise from any specifi c

provision of the Constitution but a re inferred from the nature and
character of our government, such as the prohibitions against the
delegation of the power to make laws and the passage of irrep~a lable
laws;
{b) .§E.eE.iJ!£. l~m i!:_atioiJ§.~'!:. generql_legi§_Lgjive poulfu:s. - They re-
strict t he field oflegislation in general and they a re mainly found in the
Bill of Rights; and
(c) ~.l!.®£_lj_mit(1t.~Q1J.ti..!>!J_~~<,!ifie p_(J.ll!.f?F§.: - They are scattered in
different parts of the Constitution. Thus, on the power to tax, the rule
of taxation must be uniform a nd equitable; on t he power to appropriate,
public funds must not he a ppropriated to religious purpose; on the
power to declare the existence of a state of war, the concurrence of two-
thirds of all the members of Congress must be obtained, etc. ; and
(2) £ Q!'.1!1JJ1. - Th ey refer to the procedural requirements to be com-
plied with by Congress in the passage of bills and the form and content of
the same. Examples of such limitations are found in Sections 26 and 27{1).

Prohibition against delegation of legislative

powers.
One of the settled maxims of constitutional law is that one department
of the government may not delegate to another department or t o any other
body the powers entrusted to it by the Constitution. Thus, Congress is
prohibited from delegating its legisl ative powers. In the a bsence of this
rule, the principle of separation of powers can h ardly exist.
The rule of non-delegability of legislative power, however, is not abso-
lule. It does not apply:
( 1) ~h~.r~ tb~. 4.e.legatiQtL~ ~ .. ~J:i:I!T~~l.Y..autlwriz~d_.by_ . the..Gons.tit ution..
(see Sees. 23[2 1. 28l2] supra. ); a nd
( 2) ~-~!.~ ~P.!: ci~~~_g~t0.t;.}.~"!lla.9.~.~())9~~! ~~!!!Oe~k~· (Art. XI , Sec. 5. J
This exception is logical for , after all, municipal corporations are merely
instrumentaliti<!s of the State for the better administration of the govern·
ment in matters of local concern. 1

Prohibition against the enadment

of irrepealable laws.
(1) &s.e.Jl.C.£. cif..1£.1li§.l_q_tJJl.~.. J29..?1!e r,._ - Legislative power is the authority to
make laws as well as to alter and repeal them. The continuous making of
laws - new laws as well as those that a mend, alter. or repeal existing ones
- is the very essence of legislative power. The legislative prerogative to

•u.s. vs. New Orlean.:,;, 9H U .S. 381.

190 TEXTBOOK ON THE PHILIPPINE CON~TITUTIOK

pass laws cannot be curtailed; otherwise, time m ay come when succeeding

legis lative bodies will have nothing more to do because the entire fie ld of
legislation has been completely exhausted through the enactment of per-
manent legislation.
(2 ) Can.se_q !lences to public welfare if laws irrepealable. - Further-
more, injurious -conseq U:ence·s- ·to. th·e· couii·t;y.:.·y;.-~·uid··;:-e·s~iTtif legislation
passed by the lawmaking body assumes a permanent character. The policy
of the state would become fixed and unchangeable on great n a tional inter-
est in spite of cha nged conditions arid times. Laws enacted seve ral decades
ago for a pa rticula r need may no longer be beneficial today. If th ey cannot
be r eplaced, they will retard, if not destroy, the public welfare. 2

Requirements as to subject and title

of bills.
A proposed law is called aJllJ:b. The Constitution requires that ~_x_bill
p.a.s.s&i..hy . C.ongr.e.s.a...shall .emhr~~-QJ.U.L.Q...n.JLS_\!'!Jj~.<:~ .!YP.i~.h...J! hall M-~~=
P.r.f.ll.~ ~.cJjn~th.eJitk..t~of. (Sec. 26(1]. ) The purpos es of t he constitution a l
requirement are:
CJ-) To prevent hodge-podge or jog-rolling legislation;
(~) To prevent surpr ise or fraud upon the legislature; and
(.3) To fairly a ppri se the people , through such publications of legisla-
tive ·proceedings as is usually made, of the subjects of legisla tion that are
being considered, in order that they may have opportunity of being heard
t hereon by petition or otherwise, if they shall so desire.3

Meaning of hodge-podge or log-rolling

legislation.
li.odge:Jl.odge 9Li9ll.:.r_@i.ng.legislaticw (i.e., omnibus bill) refers to any
measure containing several subjects on unrelated m atters combined to-
gether for the purpose of securing the support of members of the legislature
severally interested in the different subjects of the bills.
If these subjects were to be presented in separate bills, the likelihood is
that none of them might obtain a m ajority vote .~

Effect of violation of requirement.

The constitutional provision prohibits the passage of two classes of
bill s , to wit:
( l) A bill containing provisions (riders) not fairly embraced in its title
or r elated to its subject matter (see Sec. 25(2].); and

"Sec Bloomer vs. Stailey, 5 McLean, 15S F~d. Cas.

3
Cooley, op . cit .. p. 172.
•v.G. Sinco, op. r.it., p. 225.
s(~(·. 2G ART. VI. - LE GISLATtVE D KPA Hl'MEl\"T 191

~) A bill wh )~~ h ~·m?odi.us di/(crr.nt :mbjt·cts notwithstanding that a ll of

the m are expressed m 1ts tith .
.In the fi r s t ca::;e. t ht' b ill i t: •·a lid except th~! provi::-;ion:; n ot fairly
e mbr aced i n th e ti tle. In the second ca ::;e . the whole a ct is void .

el c:_c.eptions. tQ.th~..reQY.imment.
It does not a pply to:
(•.l) Local ord inances as they do not partake of the nature of la ws but
Rr e mer e rules provid ed for the fu lfi llment of l aw s; ~ and
(2 ) Propel' cod1f1cat ion s a nd revis ions of st atut es . T h us. a l aw wit h t he
titl e "An Act to Orda in a n d Jm;t it ute th e Ci vil Code of the Philippines" or
with the title "An Act Amending the Ci vi I Code of the Philippine8" is valid
a lthough it may contain httndred s of different ma tters, for the very de-
nomination '·Code'' i ~ sufficient to p ut the members of the legislature and
the people on tlH~ i r g uard. 0

Steps in the passage of a bill.

~~J). Fzn;t R!!ad ing. - Any m E:! mher l)f eithe r Hou1:1e may p r.e::~c nt a
p roposed bill ( R<.>e Sec:. 24.1. sip,n!":l by him. fo1· First Re<tding and r efer ence
to the proper committee. Tiw bill. is f1kd w !th thP- Office of the Secre tary
-.vher e it is given a corresponding n umber and calend<1rcd for first r eading.
During t he .1-' ir st Read ing. t he prin ci p;;; i author of t h e bill may propose the
i nclus ion of addi tion al aut hors t h ereof. T h t.• bill is read by its number a n d
t1tlc a nd the name/ names of the a uthor or authors ;
(2VRe{erral to a ppropriate committee. -- Imm ed iately aftt!r th e F irst
Reading, the bi'!l ..i::; referred to the proper Cllmmitt('e or coromitteeg for
~> tu dy and con:-;id(!ration. It may conduct hee~rin gs a n d consultati9n meet-
ings. It then appr·oves t he hill with or with out amen d ments or r ecommends
!:iUbstiLu tion or consolidat ion with simi la r bill s fi led . If disapproved itct h e
committee, t he bill d ies a natured d<ia th unless the Hous e d ecides otherwise
following the s u bmi::;sion of th e rt:! port;
t01 Secund Reading.- If th e committt~f! reports the bj]J favora bly, the
bill is fnrwarded to the Committet~ ()ll Rules so that it can be calenda red for
d e li b~~ration on Second Readin g. At th is Rtagt' , t.he bill is r ead for the
secon d time in i t~ ~n ti n~ ty t.oget hP-r with t h e amend ments, if a ny, proposed
by the commi ttP~: unless t he r eading 1s di :;; pcn~ ed with by a majorit y vote of
the House; ·
(4l/Debat es. -- t-\ g<meral deba te i!". then opened a fter the Second Read-
ing a~d sponsor~hip spt.!Hch of the a uthor of tlw bill . Amendments may be
proposed by any me mber of Congr ess. The insertion of changes or a mend-

'•U.::<. v~ . F.spititu S <1 nfo. :~2 Phi l. Gl(l.

"See Ignacio v,;. L'r<J v. Hoard. :Hl Phil . 9~ 1 : P!'ople v~. Buc nviaj e , 47 Phil. ~:36.
l92 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 26

ments s hall be done in accordance with the rules of either House. The
Houge may either "kill" or pass the bill. A bill approved on Second Reading
s hall be included in the calendar of bills for Third Reading;
(5j Printing and distribution. - After approval of the b1ll on Second
Reading, t he bill is then ordered prin~ed in its final form or version and
copies of it are distributed among the members of the House three d ays
before its passage except in case of bill s certified by the President (Sec.
26[21. );
(6) Third Reading.- At this stcge, only the title of the bill is read on
the floor: Nominal voting is held. Upon the last reading of a bill. no
a mendment thereto is allowed and the vote thereon is taken immediately
thereafter, and yeas and nays entered in the journal. (Ibid. ; see Sec. 16[ 41.}
A member may a bstain. As a rule, a majority of the members constituting a
quorum 1s sufficient to pass a bill;
(7} Referral to the f"Jther House. - If approved, the bill is then referred
to t he other House where substantially the same procedure takes place. If
the other House approved the bill without changes or amendments, the
final version is signed by the Senate President and the Speaker of the
House of Representatives.
t8) Submission to joint bicameral committee. - Differences. if any,
between the House's bill and the Senate's amended version, and uice ven:a
are submitted to a conference committee of members of both Houses fo r
compromise or to reconcile conflicting provisions. If either Ho .1se accepts
the changes made by the other, no compromise is necessary; and
(9! Submission to the President. - A bill approved on Third Reading by
both Houses shall be printed and forthwith transmitted to the President
for his action - approval or disapproval that is, he either signs it into law
or vetoes and sends it back with his veto message. If the President does not
communicate his veto of any bill to the House where it originate-d within 30
days from receipt thereof, it shall become a law as if he signed it. Bills
repas~;ed by Congress over the veto of the President a utomatica11y becomes
a law. (Sec. 27(1].)

Purpose of provision requiring three

readings of bill.
Note that t he three readings of a bill must take place on separate days
-- not in one day. (Sec. 26[2].) The purpose is to prevent hasty and improvi -
dent legislation and the railroading of bills, and ·to compel the car-eful
examination of proposed laws or, at least, the affording of the opportunity
for that purpose. 7
In the past, railroading of bills made possible the adoption of volumi-
nous measures without the benefit of discussion and public information
because, oftentimes, the three readings were done in one singte day.

~sec Cooley, op. cit., p. 286.

Sec. 2'7 A.~ r '. L -- ~ ECIS L:\ riVE DEP,\R'f:\fENT 193

Certification of bills by the President.

The Consti tution prOIJde,; that "no btll pa.s~ed by either House .shall
become a law unlc~s it !-las pclf.>::.t;!d three read ingl:i on separate day::;, and
printed COpieS th e r ~•of iTJ. It:; fiuaJ fOftu have been UiStributed to the ffif·m-
bers three da y~ bef<.:re it.::. pllSsage .''
Th!=~Jf.S~.P.ti!.m t u ~li_eJ!.\LQ.~g r~~Win:n1~nt it) ~--"'.th~J:L~.h~__?resident ~er.tifies
to t}le n.~£~~?.sity _of i.EL u_nr!wdi<it~... ~. Q~.<: tm_eu.t.19.ID.~~.La._public calami ty o.t:
.emerg.en.c:y;' !_Sec. l612}. • With thi.s proviaion, a certification may be issued
to a bill only ~ Jw:et a..IJ.u!Jl~~---~-(~i'I.rnitv ol:.gmerg_~.Y- It aims to put a stop to
the practice of tne xnb~r~ of the !.~: ,i Con gress under the 1935 Constitution to
get from t.he Pr esid~n l Ct.'rt.l!~ t at.i 1H1 uf their biHs fo r po litical convenience .
This practice m a tl ~ po~~;:;d:: !!:' tht) t~ aa dment ·.;flaws without sutiicient de-
bate and the b11ving ol tq:-- ~:non ty to \ns1gr.iticant bllls over more important
ones by the .simple lad •)f l?n~i>id.ent1a l -:ertlft{:ation.

Purpose of requirement that yeas and nays

be entered in the journal.
It is a lso pru\o' ide d in tiw Ct)H~tit uti<al that on the final passage of every
bill, the ~yea$ and nays Lcihall be] e ntl:'red ia the Journal." (Sec. 26[2) .j This
means that the rt.l ll of t~un~n.:ss ~ hail be ealled and each member present
and answering tu hi:' n<lmt=: .shdi :-:ay ·'yea" or "nay" on the question of the
passage Gf the b1ll.
This provision il:l c1>nsidered m andatory . It is intended to fix upon each
membBr the respon:'ith ility for his a ction in legislation, and also to furnish
conclusive evidence whether the ' bill has been passed by the requisite
majority or not.'

SEC . 27. (1) Every b ill passe d b y the Congress shall, before it
becomes a law , be present~d to t h e President. If he approves t he
same, he shall ~; ign it; oth~r-wise, he shall veto it and return the
same with his objections to the House where it originated. which
shall enter the objections at large in its ,Journal and procee d to
reconsider it.l.f, after su(.'h r·econsideration, two-thirds of all the
Memhers of s uch House ~hall agree to pass the bill, it shall be
sent, together with the objt>t~tions, to the other House by which
it shall likewise be r~<.~o nsidered.. and if approved by two-thirds
of all the .M embers of that House, it shall become a law. In all
such cases, the votes of each House shall b e determined by yeWJ
or nays, and the names uf the Members voting f()r or against shaU
be entered in its Journal. The President shall communicate his
veto of any bill to the House w h e.re it originated within thirty

-~cooley, op . c1r. .. ~P- :.wv-~:n.

19-l T EXTBOOK 0~ TH~~ PHll.IPP lXE CONS1'lTIJTIO~ Sec. 2 7

d.ays after th e date of receipt t h ereof; otherwise, it shall become

a law as if h e had signed it.
{2) The Pt·e side nt shall have t h e powe r to veto any particu-
lar item or ite ms in an appropriation, revenue, or tariff bill, but
the veto shall not affect the ite m or items to whi ch he does not
object.

Meaning of bill.
A pill is a draft of a la.w submitted to the consideration of a legislativE!
body for its a doption. •

Meaning of statute.
A is the writien will of the legislature a s a n organized body
$_taty.,ft
expre~sed according to the form necessary to cons titute it into a law of th e
state, and rendere d aut hentic hy cer tai n prescribed forms a nd solemni-
t'ies.:t
The term "act" is often used in referring to a statute.

How statutes identified.

Statutes pas::;ed by the former Congr ess are, for purposes of formal
refere nce, denom inated as· a cts . They are identifie d by their serial numbt:~rs
(e.g., Republic :\ct No. :~86;. Where a specia l title is supplied fo r a particu-
lar statute (e.g., "Civil Code of t.hH Phili ppine:'~ "), such title may a lso be
used fo r ide ntifica tion.
Statutes enacted by t he former Batasang Pambansa are also identified
by th eir Rerial num bers (e.g.. Bata:) Pambansa Blg. 25 ).

Formal parts of a law.

The formal pa rts of a statu te (or bill) a re the following:
(]) .:J'JJ.l~:. ··-It announce:-; the subject matter of the act. (see Sec. 271.11.
supr a . ) Thus, Republic Act No. 386 h as for its title, ·'An Act to Orda in and
Institute the Civil Code of the Phil ippincH ." Laws en acted by the former
Batasang Pambansa are e nt itled in a si m ilar manner . Thm>, Batas
Pambansa Blg. 25 gives a s its title, "An Act Regula tin g Rentals of Dwelling
Units or of Land on which Another's Dwelling i:-; Located and for Other
Purposes";
(2 } fLtt.Jl.!!J:.Q.k . ·- It follow!:! t he tit le an d precedes tbe e nacting cla use. It
is a sort of introduction or preface of a law. The purpose of the preamble is
to explain the reasons for the enactment of a law :-:~ nd the object::; sought to
be attained. It is not considered pa rt of t.he s ubstance of t he law. The

1Bouvi er.'s Law Dictionary.

2 50
Am. Jur. t5.
Sec. 27 ART. VI.- LEGiSLATIVE DEPARTMENT 195

Constitution does not contain any specific provision requiring the use of a
preamble in any legislative enactment;
(3)_/t..!.]._g.cling cl_gu.s.e. - It immediately precedes t he body of the statute
and it serves as a formal means of id entifying the legislative body that
enacts the law. Republic Act No. 386 has for its enacting clause, "Be it
.enacted by the S e nate and House of Representatives of the Philippines in
Congress Assembled." In the case of the Batasang Pambansa, the enacting
clause is as follows: "Be it enacted by the Batasang Pambansa, in session
assembled." The Constitution does not also require the use of an enacting
clause in bills enacted into law;
(4 ) Body. - It is that portion containing t he proposed l aw or statute
itself; and
(5) .§ff'e.c!!!!J~y ~l(ll~Sf· - I t is that portion providing for the time when
the law shall take effect. A law takes effect 15 days following the comple-
tion of its publica tion in the Official Gazette (which is the official publica-
t ion of the Philippine government) or in a newspaper of general circulation
in t he Phil ippines, unless it is otherwise provided,3 e.g., a date is fixed for
its effec ti vity.

When bill_Ql~~ beco~TI_e. ~JC!W.

A bill passed by Congress may become a law in any of the following
ways:
ii i When the President approves the bill by signing it;
($) When he vetoes the bill and retu.i.·ns the same with his obj ections to
the House where it originated , and the same is repassed over his veto by a
vote of tw.D-t:hiul§__Q[ alL the ~mbe~ (not merely two-thirds of al l the
members present constituting a quorum) of both Houses; and
(.S ) If the President does not commu nicate his veto of any bill to the
House where it originated within thirty (30) days a fter the date of receipt
thereof, in which case it s hall become a law as if he had signed it. (Sec.
27Lll.J
~ O.JJ.lY J;U;iwle ._millQr.ity_Qf___C..9n.zr~~~-i.Lri'Jl!!ir.~d..l.n...fJnactjQg_g.r~!i!!~ry
J..a)\'._s.:.j:see Sees. 16[2], 23, 28[4]; Art. VII, Sec. 21.J
/fh~ ~ign.atJ.l.U...oi..kM..P resid.eru llLD.!li.necessar}:..ia...enada law when the
..{l~QP!e by vjr_~u.e qf tb~ir~Y.e.d..gp;v ers~re.c.tly .uarticipat.e_in....the.legi sl a­
..t.i.Y.e P.I'QGeSS by i n.1ti.~ ti.Y_e ."§I.J._d._r ef~r~n.dP._m,\( Sec. 32. )

Veto power of the President.

The wor~ is the Latin term for "I forbid" or "deny." It is the power
vested in the President to disapprove acts passed by Congress. The veto

'3
Executive Ordc:r No. 200 iJune 18, I~H7 J .
J96 TEX'l'l:lOOK ON THE PHJLIPP.INE CONSTITC'l'TON Sec. 27

message to the Hous e whe re t he bill origi nated ~ xpl ains h is objections to
the bilL (Sec. 27l11.)

Purpose of veto.
Two fundamental reas.:>ns have been given to the gra nt of the veto
power to the President, to wit:
;;;n To enable the executive depa rtment to p rotect its integrity as an
equal br a r.ch of the government and thus m aintain an equilibrium of
governmental powers; and
(2i To provide a check on hasty, corrupt, or ill-considered legislation. 4
/

Pocket veto not allowed.

Under the Constitution, the P resident does not have the so-called
PD.cli&J.IldQ..J2QI£J2', i.e. , disapproval of a bill by ina ction on his part. The
fai lure of the Presi dent t? communicate his veto of a ny bill presented to
him within 30 days after the date of receipt thereof a utomatically causes
the bill t o become a law. (Sec. 27[1].)
The rule corrects t he Presidential practice under the 1935 Constitution
of releasing ve to m essages long after he should have acted on the bill . It
also avoids uncer tainty as to what new laws are in force.

When partial veto allowed.

As a genera l rul e, the President may not veto a bill in. pa rt and approve
it in part. Th e exception is provided in pa r agra ph (2) of Section 27 which
gra nts the President the power to veto any particular item or items in an
appropri ation, revenue, or tariff bilL (see Sec. 25.) The veto in such case
sha ll not affect the item or items to which he does not object.
Without the exception , the entire appropria tion or r evenue meas ure
would be nullified simply becaus~ the President disapproves even one
particul a r item th erein , and this might adversely affect the operations of
the government if no funds are available or taxes cannot be collected .6
The item or items vetoe d may be repassed ove r the veto of the President
in the same manner as ordinary bills . The vetoed items shall simply be not
given effect.

Meaning of resolution.
Enactments of t he la wmaking body .r11ay al so he made in the form of
res olutions. A_ resolutia~ has been defined as a fo rm al expression of opin-
ion, will, or intent by an official body or assembled group. 6 •

' See People vs . Councilmen of Buffalo, 20 N .Y. Sup. 51 , cited in V.G . Sinco, p. 287.
~Del. V.C. YAncha, "l'he P ll rl iam!lnt." in C. R. Montcj t\ supra ., p. 121.
6
Webater's Th ird New l.ntcrn atiomt l Dictionary , 1976 ed.
Sec. 28 ART. Vl.- LEGiSLATIVE DEPA.RTMF;NT 197

Use of resolutions.
(1} Resolutions are employf\d with respect to matters within the exclu-
sive ·authority of the lawmaking body and do not, t herefore, require the
a pproval of the President for their effect.i,·ity. Thus, the rules of procedure
of a lawmaking body, orders imposing some penalty upon any of its mem-
bers, or proposals for constitutional amendments would be embodied in
resolutions.
(~) They are a lso used when a lawmaking body expresses an attitude or
opinion. Thus , resolutions would be proper in expressing condolences on
the death of a member or of a high government official , or in declaring its
opinion on important national questions.
C3') Under Section 28(2) (supra.), the power to fix tariff rates, etc.
dele'gated to the President m ay be withdrawn by the lawmaking body by
means of resolution.

Kinds of resolutions.
A resolution may he:
(1) simpft if passed by either House for its excl usive use or purpose;
(2) .cQll.Clll'J.QJJ, if passed independently in one House and ratified by
the other in the same manner as a bill; and
( 3 ) ~t.. if approved by both Houses meeting in joint session but voting
S13parately (e.g ., oue proposing a mendmen ts to the Constitution).
There is no provision in the Constitution requiring thB approval by the
President of any kind of resolution.

SEC. 28. (1) The rule oftaxation shall b e unifonn and e quita-
ble. The Congress shall evolve a progressive system oftaxation.
(2) The Congress m ay, by law, authorize the President to fix
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and e xport
quotas, tonnage and wharfage dues, and other duties or imposts
within the framowork of the national deve lopment program of
the Governme nt.
(3) Ch aritable ·institutions, churc h es a nd parsonages or
convents appurt'>..nant thereto, mosques, nonprofit cemeter ie'i,
and all lands, buildings, and improvements, actually, directly,
and exclusively used for religious, charitable, or educatio nal
purposes sh a ll be exempt from taxation.
(4) No la w granting any tax e xemption shall be passed
without the concurrence of a majority of a ll the Members of the
Congress.
198 TEXTBOOK ON THE PHILIPPI NE CONSTITUTiON Sec. 28

Uniformity in taxation.
U.l1if.(u:mity in fu.;r.aJ.iQT!- means that ''all taxable articles or properties of
the same class sha ll be taxed a t the sam e rate." 1 Diffe rent articles (or other
subjects, like transactions, business, rights, etc. i may, therefore, be taxed
:1t different rates or amounts provided that the rate (not necessarily the
amount) is the same on the same class everywhere.2
Uniformity implies equality in burden, not equality in amount. Thus:
}1'> A tax of P2 .00 per square meter or fraction thereof imposed on
every billboard or sign anywhere in thE7. country was held valid as against
the contention that it was void for 1ack of uniformity. 3
(2) There is no violation where those with different incomes are made
to pay different rates of tax because in this case, the incomes are consid-
ered as belonging to different classes.
(.3) All residential houses, regardless of their assessed value, may be
considered for p urpose s of taxation as belonging to one class (i.e., residen-
tial property) and made s ubject to the same tax rate (e.g., 2.5% of assessed
value) but different amounts of tax depending on their value. The law,
however, may validly further classify such property a ccording to their
assessed va lue a nd levy different rates, and consequently , different amounts
of tax on the basis vf such value.
The reason for the rule of uniformity in taxation is that not all pN ~' (' :l ".
properties, or transactions are identical or similarly situated. The cla,.;cl ifi-
cati.on of the subjects of taxation must be based on reasonable and substan-
tial grounds. An arbitrary classificati on will offend the guarantee of"equal
protection of the laws." (see Art. III, Sec. 1, supra.)

Equity in taxation.
Aside from the requirement that the rule of taxation shall be uniform,
the Constitu tion also mandates that it shall be equitable. (Sec. 28lll. )
Uniformity in taxation is effected through the apportionment of the tax
burden among the taxpayers which under the Constitution must be equita-
ble. To be sure, a tax law m ay prescribe a uniform rule of taxation and yet
it may b ~ inequitable a s where the r ~tes of tax are excessive or confisca-
tory.
The concept of equity in taxation requires that such apportionment be
more or less just in the hght of the taxpayer's ability to shoulder the tax
burden (usually measured in terms of the size of wealth or property and
income, gross or ne tj and if warrante d (in certain cases, like the tax on
gasoline), on the basis of the benefits he r eceives from the government.

:Tan Kim v~.

C.T.A., L-18080, April 22, 196:3.
~oe Villt~ ta v~.
Stanley. 32 Phil. 51 1.
achurchill v~. Concepcion, 110 Phil. 3:n.
 AR1'. VI.···· LlWlSJ.A'J'IVE DEPARTl\H:NT 199

Progressive system ot taxation.

To achieve the equHy objective in taxation, the Constitution enJoms
Congress to "evolve a progressive syst"::!m of taxation." This means that tax
laws shall place more emphasi s on direct (e.g., income, donor's, and estate
taxe~ ) rather than on indirect t a xes (e.g., customs duties and value-added
taxes which the taxpayer can recover from the consumer by adding the
same to the price), with ability to pay as the main criterion.
The individual income tax provides the best example of a direct and
progressive tax. The rate of the tax increases as the tax base or bracket
(amount of income) increases.

Delegation of taxing power to fix tariff

rates, etc.
By express p•·ovision of the Constitution, Congress is authorized to
delegate to the Pre~ident its power to fix within specified limits tariff rates,
import and export quotas, tonnage and wharfage dues, 4 and other duties or
imposts . The aut hority so granted is, however, subject to such limitations
and restrictions as the Congress may seem wise to impose because Con-
gress is prohibited from abdicating its lawmaking power over the subjects
mentioned. For in:-;tancc, the de legation of power must specify the mini-
mum as well as th~ maximum tariffs. Furthermore, the authority given to
the President mt1st be cxe!'cised within the framework of the national
development program of' the government. (Sec. 28[21.)
The above is another exce ption to the rule against the delegation of
legislative pow er. (see Sec. 2:3f21.)

Exemption of certain entities and properties

from property taxes.
Section 28(3 ) pro\'tdes that the institutions and properties mentioneci
therein shall be exempt from taxation. Other exemptions are provided by
statutes , but in those cases, they may be withdrawn.
The exemption covers only property taxes and not other taxt>s.'" The test
of the exemption is the use of the property and not owner!>hip. Thus, a
property leased by the owner to another who uses it "actuaJiy, directly, and
exclusively" for religious, charitable or educational purpose is exempt from
property tax but. t he owner is subject to income tax. eYen if the income is

'Tottnnge du(!.~ ~arl'! th<l amounts paid by the owner, ngent. o;wrato•· or master of a ve~sel
engaged in'i'Oi·eign t.r::scle •m the net tonnage oft.he ve,;,;cl or we ig ht of the articles dhlcharged
<>r l<Hlfm. IS<:c. 3201 , 'f,lriff and Cu~toms Code.)
Wlu.u./JJJ;£..du..c:; are the amount~?. .<l!ili~.lll:led .agai ns t the car,:::o of a ves!>el engaged in foreign
or coa:;t wise trade based (rn the quality , weight or m~·a .:;ure receiYecl and!or discharged by
s uch ves.;;cl. !Sec. 2801, Ibid.)
"Ladoc vs. Comm., L-19201, June 16 . HHi;)
200 TEXTBOOK ON THE PHILlPP tNE CONSTITl;TION Sec. 29

used or devote d by him or another fo r religiou:;, ch aritable or educational

purposes .
Note that with res pect to cemeteries, only those which are non·pr ofit
are exempt from taxation.
All revenues and assets of non-stock, non-profit educational institu -
tions used a ctually, directly, and excl usively fo r educational purposes are
exempt fr om pr operty a nd income taxes and customs duties. Proprieta ry
educational institutions including those cooperatively·owned may li ke wise
be entitled to such exem ptions subject to such limitations provided by law,
including r estrictions on dividends and provisions for investmen ts. Grants
and donation s used actually, directly, and exelusively for educational pur-
poses are also exempt from tax l:lubject to conditions prescribed by law.
tArt. XIV, Sec. 4l3 , 4].)

Votes required for grant of tax exemption.

The Constitution requires the concu rrence of a ..!!J!lli>ri!Y.JJ.LillLlh&_
lll2rn.berJ> of Congress to pa ss a law granting an y tax exem ption (Sec. 28[4j.)
a s a s afeguard a gainst t he indiscriminate grant of ta'< exemptions. U nder
the 1935 Constitution, a simple majority of th e quorum was sufficient.

SEC. 29. (1) No m oney shall be paid out of the Treasury

exce pt in pursuance of a n a ppropria tion made by la w .
(2) No public money or prope:"ty shall be appropriate d,
a pplied. paid, or e mployed. directly or in direc tly, for the use,
benefit, or support of any sect, church, denomination, sec tarian
institution , or system of r eligion, or of any p riest, preache r,
minister, or other religious teacher, or dignitary as s uch, exce pt
whe n su ch priest, preach e r , minis ter, or dignitary is assigned to
the armed forces, or to any p e nal in stitution, or governme nt
orphana ge or le prosarium.
(3)\:.All money collected on any tax levied for a s p&.-'ial pur-
pose shall be trea ted as a special fund and p aid out for suc h
purpose only. lfthe purpose for which a special fund was c rea ted
has been fulfilled or abandoned, the bala nce , if any, s hall be
transferred to the gene·r al funds of t he Government.

The power of appropriation.

Tile power to appropriate public fun ds for the maintenance of t he
government and other public needs is a vital government function which is
vested in Congress. Section 29( 1) is bal:!ed u pon the p rinciple that t he
,people's money may be spent only with their consent. That consen t may be
expressed either in the Constitution itsel f or in valid a cts of Congress as
the direct representative of the people. It a cts as a legislative check upon
St'c. 29 ART. VI. - LEGISLATIVE DEf'.\.RT~U:i\"1' 20 1

the disbursing power of the President, or the heads nf departments and

other executive officials. Without the restriction. gc)vernment funds would
be misused. 1
In case a special election for President and Vice-Prek:li dent is called by
Congress, the appropriations for the same shall be charged against any
current appropriations and shall be exempt from the requirement of Sec-
tion 29(1!. (see Art. VII. Sec. 10.)

Meaning of "'appropriation made by law."

An appropriation is per se nothing more than the authorization by law
that money may be paid out of the public treasury -' It i::; the setting apart
or assigning to a particular use a certain sum of the publit: funds.
The provision of the Constitution does uot speak of an "appropriation
made by Congress" but rather "by law,· a term which CO\'ers both stat:utes
and the Constitution. In case of!a'if~~e on the part of Cvng•ess to p~ss the
general appropriations bill for the ensuing fisca l year. the general appro-
priations law for the precedin g fiscal year :;hall be deemed reenacted and
shall remain in force and effect until the ge neral appropriations bill is
passed by Congress. (Sec . 25l7l. ) Such general appropri ations for the pre-
ceding year fall under "'an a ppropriation mad~~ hy law. "

Prohibition against use of public money

or property for religious purpose.
It is fundamental in democratic governments that taxes may be levied
for public purposes only. Since the government is e~tablished for a public
purpose, public money can be used only for that purpose. A tax levied for a
private purpose constitutes a taking of property without due process of law,
and is invalid. !Art. III . Sec. 1, wpra. ) S ection 2 9 ( ~ : is based on the
requirement that taxes can only be imposed for a public purwlse . Thus, a
public land may not be donated for the com;truction of churches . convents
or semmaries.
The prohibition, however, is not violated when:
(1) P~ -···Where the \1se of public money
is not for the benefit of the priest, , . as such but i::; in the nature of
compensatic.n to the priest, etc., wb. . :;,;[gne:d to t.he armed forces, or to
any penal institution, or gover nmen •. cpha :· ~~e •)r lepr,J~;ari um tSec. 29[2].);
<2 ) _8eligious us.fl...l_nc i_den~.l ·'· i1er· ·.; use of public property for
relig1ous purposes is ii'cidental anci tempoL<Y· and is compatible with the
use to which other members of thf community arc entitled, or may he

:st!e V.G. Sinco, op. cit. .. p. 21)5.

~St!t~ Campagna vs. U.S., 26 Ct.
~02 TEXT ROOK ON THE PHILIPPlKE CONSTl'rUTION Sec. 30

a uthorized to make~Hence, tht! u se of p11 blic streets for re! igiou s proces-
sions a nd hold ing of m~ssc!' at t,hc Ri zal Pa rk and in otlwr public proper·ty
does not offend the provision.:.: ~imilarly, the payment a s retirement, death ,
or dis ability benefits to a pri est of fu nds co ntributed to the Socia l Security
System does not violate Section 29(2) of the Con!->t.itution where such
payment is made to the priest not because he is a pri est but because he is
an employ~e: 4
(3) U.s.e,._J2/.{}ili~jn n(t tl~ t£.:. - · Where , for e xample, public fun ds e re used
for postag~ stamps commemorating the celebution in Manila of the 33rd
International E ucharistic Congress orga nized by the Roma n Catholic Church
and the purpose is to advertise t.he Philippines and not to favor any
particular church or denominations;"
\4) P.QJ!rn&at..b..aMiLQIL~Q.atr.Q:£.t.. -- \\onere, for example, r ent;.:; are paid
for a portion of a church or other building belonging to a secta rian institu-
tion leased by the government for school or other public purposes since th~
public receives the full bene fit of its contract:" and
(5) .QQ.!?dii d~.ra tion .r.f!ce_ijJed. - Where, for example , free supply of water
is given by a m unicipa lity to a r eligious orga nization not on aceount of any
religious consideration but in exchange for a don ation of property made t o
the former by the latt<.!r.;
In short, it is the appropriation of public money or property mainly for
rehgious purpose that the Constitution does not s a nction. I see Art. III, Sec.
5; Art. II, Sec. 6. )

Expenditure of special fund.

A tax may be im posed for a s pecial publ ic purpose. In s uch case, the
mon ey r aised from such tax sh all be treated as a special fund and paid out
for s uch purpose onl y. It cannot be sp ~nt for any other publ ic p urpose. If
t he special purpose has been fulfilled or a bandoned. the bftlance, if any,
shall be transfer red to the genHral fun ds of the governmen t. ISe<:. 29[3 ].)
The specia l fu nd then <:easel> to ex ist.

SEC. 30- No law shall be passed incre asing the appellate

jurisdiction of the Supreme Court as provided in this Constitu-
tion without its a dvice and concurrence.

:<Aglipay vs. R ui z, 64 Phil. 201.

•Roma n Catholic Arch. of Ma n ila vs. SSS. L-lil045. Jan. 20, 1961. Religious organi7.a-
tionR are under the coverage of the Social Security Act. rse(< Sec. a, R. A ~o. 1161 , a~< amend-
ed.)
·' Aglipay vs. Ruiz, supra.
G:vl_ilJard vs. Boa rd of E duca tion, 19 Jll. Ap p. 48.
7
0 rder de Predecadort>s vs. Metrop ulitnn Water Distri ct, 46 Phil. 292.
Sec. :11 ART. VL- LEGISLATIVE DEPARTMr~NT 203

Law increasing appellate jurisdiction

of Supreme Court.
Congress cannot diminish or otherwise impair (reduce) the original and
appellatejurisdictiou of the Supreme Court (see Art. VIII, Sec. 2, par. 1.) as
enumerated in Article VIII, Section 5(2). But Congress can increase its
jurisdiction by assigning to it additional cases for adjudication.
As it is, the Supreme Court is already burdened with a heavy load of
cases. If its appellate jurisdiction is further increased, the Supreme Court
could never reduce much less eliminate the backlog in its docket. Further-
more, by the very nature of its work as a court oflast resort with adminis-
trative supervi~ion over all lower courts (Art. VIII, Sec. 6.l, it is in a better
position to determine what cases should be elevated to it for review. Hence,
any law increasing its appellate jurisdiction must he with its advice and
concurrence.
It is not necessary to make a prohibition in connection with it~ original
jurisdiction because the Supreme Court is essentially an appellate court
with jurisdiction over judgments and orders of all lower courts in specified
cases, and increasing its original jurisdiction to include cases other than
those mentioned in the Constitution (see Art. VIII, Sec. 5lH -~ wm force it to
conduct hearings and trials and thus make impossible the performance of
its constitutional powers and functions.

SEC. 31. No law granting a title of royalty or nobility shall be

enacted.

Prohibition against granting title of royalty

or nobility.
(1) Under the above constitutivnal provision, the system existing in
some countries, like England and Japan, ranking certain persons as be-
longing to an upper class called the "nobility" is not allowed in the Philip-
pines. The reason behind the principle is the ~,galitarian principle underly-
ing our Constitution. 1 It is consistent with the declaration that the Philip-
pines is a republican and demo~ratic State (Art. II, Sec. 1.) as opposed to a
monarchial or aristocratic form of government. "The prohibition of titles of
nobility may truly he denominated the cornerstone of republican govern-
ment; for so long as they are excluded, there can never be serious danger
that.t)le government will be any other than that of the people."2
· (2) The prohibition of titles of royalty or nobility is directed_to Con-
gress. Thus, the Sultan vf Sulu could validly create titles of royalty or
nobility and confer them on visiting dignitaries from the legislature or on
members of the Cabinet. The prohibition prevents the Cl'!-~ati.on of a privi-

tSee Tailada and Fernando, op. cit., p. 432.

2Hamilton, The r'ederalist !No. 84J.
204 TEXTBOOK ON THE PHI UPPll\E CONSTI 'l'UTIO~ Sec. 32

leged cla!>s which may transmit their classification by inheritance to their

children.:;

SEC. 32. The Congress shall, as early as possible, provide for

a system of initiative and referendum, and the exceptions
therefrom, whereby the people can directly propose and enact
laws or approve or reject any act or law or part thereof passed
by the Congress or local legislative body after the registration of
any petition therefor signed by at least ten per centum of the
total number of registered voters, of which every legislative
district must be represented by at least three per centum of the
registered voters thereof. ·- · ··

Meaning of initiative and .referendum.

(1) JtJitjg,_[iue. - If is the reserved power of the people to directly
propose a nd enact laws at polls called for the purpose independently of
Congress or of a local legislative body.
(2 J...-!ff!1er:e_ndu!....T!:.. - It is the process by which a ny act or law or part
thereof passed by Congress or by a local legislative body is s ubmitted to the
people for their approval or di sapproval.

Congress to provide a system of initiative

and referendum.
The Consti tution in Section 32 h as institutionalized what is popularly
known as "people's power" 1 which was manifested with unprecedented
popular s upport during and after the 1986 presidential "snap" election and
in the "EDSA revolution."2 It manda tes Congress to provide, as early as

1
·1970 lJPLC Constitutiun Revision Project, p. B9.

Thc t~rm wh ich has b~en iden t ified wi th Prc!'\id~n t Corazon C. Aqu ino who led it wi t h
1

the support of the Catholic Church, later became a paradigm of change in authoritarian
regimes worldwid~. It involv~d the largely p~accful ma ss demonstrations of gren t number of
peo ple gathering in meetings, marching, chanting, denouncing wrongdoings, and demanding
reforms, culmina t i•;g in the ou ster' of Prcs\d~nt Ferdinand Jo: . Marcos and his subseq uent
forced exile tu Hawaii. His last 14 year rule after the declaration of martial law in 1972 wa~<
perceived to hE' dicu•torial llnd reprc.~sivc.
~This feCit was re peated 15 years later by what h 11~ been r eferred to as Eds a II, wh i<·h
started on the nigh t of January 16, 2001 at the sa me spot ofthe EDSA-Shrim. and ended with
t he swearing on .January 20, 20~ I of Vice-President Gloria Maccpagal-Arroyo as the n~ w
President in place of President Josep h E. E:;t rada whu wa.o fo rced to give up the presidency
over alleged corruption and misr u le . 'l'he occasion for the ou ster was the wal k -out ()f prose~o"\t­
tors in the impeachment trial of President l!~strada t riggering mass demonstrations and
withdrawal of institutional support led by the top military generals, ca binet m embers, ll.nd
justices of the Supreme Court. "EDSA I" was a ncar bloodless military "break-away" sup-
ported by t h e overwhelming strength of un a rmed civilians t ha t assembled at EDSA on
February 22·25, 1986, while "EDSA II" was a peaceful civilian uprising, without force and
arms, th is time supported by unarmed top officers tmd men of the Armed Forces of t.he
Phili ppines (AFP l an d the Philippine Nationa l Police {PNP).
Sec. 32 ART. VI. - LEGISLATIVE DEl'ARTME!\T 205

possible, for a system of initiative and referendum, and the exceptions

therefrom. The condition for the exercise of these reserved powers is the
registration of a petition therefor signed by at least 10% of the total
n'..lmber of registered voters with every legislative district being repre-
sented by at least 3% of the registered voters in said district. Other details
for its implementation are to be determined by law to be enacted by
Congress.
Under Article XVII, Section 2, amendments to the Constitution may be
directly proposed by the people through initiative.
The incorporation in the Constitution of the devices of initiative and
r eferendum for proposing legislation or constitutioual amendments, or
subjecting acts of Congress or a local legislative body for approval or
rejection gives substance to the time- honored principle that in a republican
and democratic State "sovereignty resides in the people and all government
authority emanates from them." (Art. II, Sec. 1.) Through these processes,
aside from elections, plebiscites, and recalls, the people are able to articu-
late what they feel about certain political, social, and economic issues
confronting the country and, in the exercise of the ultimate, reserve power
of sovereignty given them, resort to direct action to compel obedience of the
government to their own demands, s hort of waging a revolution against it.
Our government, however, remains essentially a republican democ-
racy. (see Art. II, Sec. 1. }

-oOo-
 Article VII
EXECUTIVE DEPARTMENT

SECTION 1. The executive power shall be vested in the

President of the Philippines.

President, the Executive.

Following the 1935 Charter, Section 1 vests the executive power in one
person alone - t.he President of the Philip pines. It. is, therefore, accurate
to refer to him as t he Executive, not merely Chief Executive. The President
in a president ial system of government is, however, referred to also as the
Chief Exeeutive.
Under both the 1935 Constitution and the present Constitution, the
President is both the head of State and the head of the government. Unlike
the Prime l\linist c r under the 1973 Constitution (as amended), the Presi-
dent is not a legislative leader with membership in Congress. H e is purely
an executl ve. t

Meaning of executive power.

Executive power has been defined as the power to administer the laws,
which means'c a'r:rying them into practical operation and enforcing their
due observance.2
The "laws" include the Constitution, statutes enacted by Congress,
decrees (issued under the 1973 Constitution), and executive orders of the
President, and decisions of courts.

SEC. 2. No person may be elected President unless h e is a

natural-born citizen of the Philippines, a registered voter, a ble
to read and write, at least forty years of age.on the day of the
election, and a resident ofthe Philippines for at least ten years
immediately preceding such election.

'We ha v<' 1-1 l'nl~i dc·n t ';; from 1898 up to the pl'esent. (see Note 34 to Introdu ction-C.)
2Coolt'y . f;nn .~ t. L imit.n iuns, 8th ed., p. 183.

206
Sec:;. 3·4 ART. VII. - J<~XEClJTIVE DEPMtTMENT 207

Qualifications of the President

. Vice-President.

; tion 2 provides for the basic or minimum qualifications of the Presi-

d
(l) He is a natural-born riti ?.en oftbe Philippi nes;
<2) He is a registered voter;
(3 J H e is abli~ to n~ad and write;
14 ) H e is at least forty ( 40 ) yea1·s of age on the day of t h e election (not
proclamation or assumption of offi ce) for President ; and
(5) H e ;,-- a resident of the Philippines for at ~east ten ( 10) years
immedia tely prc:.·eding such election. 1
The Vice··President must h a ve the same qualifications as the President.
<Sec. 3.) The Constitution doe~ not prescribe any educational, academic, or
literacy quallfication except only the ability to read and w rite, in line with
the egal itarian objectives of (lul'· democratic society. 2 (see Preamb\e.)

SEC. 3. There shall be a Vice-Pres ident who shall have the

sam e qualifications and term of office and b e elected with and in
t h e sam e manner as the President. He m ay be r emoved from
office in the same m a nner as the President.
The Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation.

The Vice-President.
The Vice-President shall have t he same qualifications and term of
office a s the President and may be r emoved from office on impeachment a::.
in the case of t he Presiden t. (Ar t . XI, Sec. 2. )
He may l e appointed as a member of the Cabinet without need of
confirmation by the Commission on Appointment::; in Congress. To reque ~t
confirmation would degrade the dignity of the high office ofVice-President.

SEC. 4. The Preside nt and the Vice-President shall be elected

by direct vote of the p eople for a term of six years which shall
begin at noon on the thirtieth day of June next fol1 owing the day
of t h e election and s h all end at noon of the same date six years
thereafter . The Pres ident shall not be eligible for any re-elec·
tion. No person who has su cceeded as Pres ident and has served

1A,.; t.O llli:!CI.ning of "rcgi;;to red voter" a nd "n;:;i(h'll('C ," .;f!p Articl(' vr, Section a.
''Nev~rtheles1:1, it is believ~d that the Co n><titution as:<um es that the President, particu-
larly, i.!< morally and intellectually fi t nnd pn!:~.;><~e!l t:xc·cuti Ye al:>i lity to occupy the highest
offic•~ of tht• land.
208 TKXTB<X)K ON THE PHiLIPPINE CONSTTTVTJON Sec.4

as such for more than four years shall be qualified for election to
the same office at any timt::.
No Vice-President shall serve for more than two successive
terms, Voluntary renunciation of the office for any length of time
shall not bE' <:.onsidered as an interruption in the continuity of
the service for the full term for which he was elected.
Unless otherwise provided by law, the regular election for
President and Vice-President shaH be held on the second Mon-
day of May.
The returns of every election for President and Vice-Presi-
dent, duly certified by the board of canvassers of each province
or city, shall be transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the certificates of
canvass, the President of the Senate shall, not later than thirty
days after tl.e day of the election, open all the certificates in the
presence of the Senate and the House ofRepresentatives injoint
public session, and the Congress, upon determination of the
authenticity and due execution thereof in the manner provided
by law, canvass the votes.
The person having the highest number of votes shall be
proclaimed elect.ed, but in case two or more shall have an equal
and highest number of votes, one of them shall forthwith be
chosen by the vote of a majority of all the Members of both
Houses of the Congress~ voting separately.
The Congress shall promulgate its rules for the canvassing of
the certificates.
The Supremt' Court, sitting en ba.nc, shall be the sole judge of
all contests relating to the election, returns, and qualifications
of the President m· Vice-President, and may promulgate its rules
for the purpose.

Election of the President and

Vice-President
tl) S')'.'ltem of d;rect uoting. -The Constitut-ion retains the system of.
direct poputar e]c(~twn of the President despit.e criticism for abetting mas-
sive vote-buymg and other undesirable practices. ·
Ca i This is considered more democratic and more in keeping with

the Filipino culture and tradition tha l they individually vote for their
leader - their choice of th~ man who woulrl be their President. The
people should not bP deprived of the right to choose the head of their
government, considc;·ing that, having exercised it since 1935, this right
has acquired special significance for them.
Sec. 4 ART. VII.. ·- EXEC UTIVE DEPARTMENT 209

{b ) On the part of the President, the fact that he has popular

suppor: would enable him to muster the necessary courage to effect
policies promotive of t h t- greater good despite opposition from vested
interests.: Moreover, since there is a need for a strong national execu-
tive who can deal effectively with the problems of national survival as
well as unite the numerous ethnic groupings constituting our nat.jon
during these crucial times, a President elected by the lawmaking body
with no fixed term may become subservient to the members to keep
their support.
(2 j Election by Congress in case of a tie. - In case of a tie, however, the
President shall be chosen for the term fixed in the Constitution by a vote of
a majority of all the members of Congress in session assembled. (Sec. 4,
par. 5.)
The Vice-President j s elected with and in the same manner as the
President. (Sec. 4, par. l.i
Unless otherwise provided by law, the regular election for President
and Vice-President shall b e held on the second Monday of May. (Ibid., par.
3.)

Term of office of the President

and Vic~President.
The President and Vice-President. enjoy security of tenure. Their term
of office iR six (6) years "which shall begin at noon on th e 30th day of June
following the day of the election and shall end at noon of the same date six
(6) years thereafter." ipar. 1.)
The Presiden'"-elect and Vice-President-elect shall assume their office
at t he beginning of their term5. (Sec. 7 , par. 1. )

Term of office distinguished from tenure of office;

right to hold office; and office.
(1) The phrase term of office refers to the period, duration or length of
time during which an officer may claim to hold the office as of right, and
fixes the interval after which the several incumbe nts shall succeed one
another .
(21 It is not to be confused with tenure of office (or actual incumbency}
which represents the period during which the incumbent actually holds the
office. The tenurf! may be sh orter t han the term for re a sons within or
beyond the power of the incumbent. The President may be removed from
office by Congress by means of impeachment. (Art. XI, Sec. 2. ) A vacancy in
the Office of the President arises in case of permanent disability, death, or
r esignation of the President. (Sec. 8.)

1
19R6 U.P. Law Constitution Revis ion Project, Executive Department, p. 8.
210 TEXTBOOK 0~ THE PHILIPPf~ E CONSTlTUTIO!'J Sec. 4

(3) A right to hold office, on the other hand, is t he just a nd legal claim
to enjoy the powers and responsibilitit-s of th e office.
(4) The off'ice is an institut ional unit of government. while term is a
matter of time during which a person may hold the office. 2 (see Art. XI, Sec.
1.)

Reelection of President and Vice-President.

A per son who haR held the office of President is a bsolutely disqualified
for any reelect ion. In th e case of toh e Vice-Presi dent, he cannot serve for
more t h an two (2) successive terms (Sec. 4, par. 2. ) but he is still eligible for
election as President. A Vice-Pr esident who h as succeeded a nd served as
President for more than four (4) years (even in an acting capacity) is also
disqua1ified for election to the same office at any other time.:i (Ibid., par. 1.)
The voluntary renunciation of the office ofVice-Pn:lsident for any length
of t ime does not interr'~pt the continuity of the service for the full term of
six (6) years. {Ibid ., par. 2.) T hus, a Vice-President wh o voluntarily r e-
nounced or resigned from hi s office is deem ed to have served for six (6)
years for purposes of the ban against r eelection. The President is not
eligible for any r eelect ion. (See Art. II, Sec. 26. ) But they may be elec!:~d to
a lower position.

Reasons tor prohibition against re-election

of President.
The following have been give n:
(1) A President see king a second term is vulnerable to constant politi-
ca l pr ess ures from those whose support h e must pr eserve and h as to devote
h is time and energy to consolidate this political s upport. In the context of
Philippine P.xperience, every President elected to t he Office h as used th e
first t.erm to work for r eelection;
(2) A President who seeks a second term is under a ten·ific handicap in
the performance of his functions . The result h as been that political motiva-
tion is attributed to practically every act he performs; moreover, the dan-
ger of alienating much needed votes may be an o b ~tacle to the proper and
impartial performance of his duties;
(3) A President seeking reelection will even usE' pub lic funds for t he
purpose even to the extent of making t he gov ern m ~nt bankr upt because no
incumbent Pr esident would like to go down from power as a leader repudi-
ated by his people;

2
Nt!evo vs. Angeles, 76 P h il. 12; Aparri vs. Court of Ap peal!'!, 127 SCRA 231. Jan. :~ 1 ,
1984; <1uekt>ko vs. S'lntos, 76 Phil. 237; Pan•dt>s vs. ~fenal!ad, 56 SCHA 522, April l:'i, 1974;
O livc rM> vs. Villaluz, 57 SCRA I 63, May 30, 1973.
3
S!!t~ note 34 to Introduction-C.
S ec. 4 ART. VU. - EXECUTIVE DF:PARn.lENT 2 11

(4) The prohibition also widens the base of leader ship. In theory, no
man is indispensable in a democracy, and any person, no matter how good
he is, may be replaced hy other s equally good;
(5) The ban will also put an e nd or at least hamper the establishment
of political dynasties;'
{6) The six-year term will give the President a reasonable time within
which to implement his plans and programs of government. He can concen-
trate on being President free from the demands of pa r t isan politics;fi and
.. ... (7 ) The criticism agai n ~ t a six-year term without reelection that six (6)
years are too long for a bad President but too short for a good one, and that
the people will suffer most from a lameduck presidency may be remedied
by the provisions on impeachment. {see Art. XI, Sec. 2. ) A term, no matter
how long, is short for a good President.
The main argument against the absolute prohibition on reelection is
that it forecloses the possibility of a good President being recalled to the
office at some future time should his services be required. Imposing a
complete ban on reelectiun will , in effecl, penalize th e people from calling
back to the Presidency a person who has rendered s ign a l s ervice to the
na tion, should that need for such man arise. As an alternative. the ban should
be on immediate reelection in order to prevent the President from using his
office to advance his candidacy .R Furthermore, the people a re the wisest judge
on how many terms a President (or Vice-President) is going to have.

Canvassing of returns and proclamation.

(1 ) Returns transmitted to Congress. - The returns of every election
for Pre::;ident and Vice-Pres ident are canvassed I exa mined for authentic-
ity) by the board of canvassers of each province or city, adding all the
returns in ev~ry town in the province or every district in the city. These
r eturns which show the r esult of the voting must be duly certified by the
corresponding board. Then , they are transmitted to Congress directed to
the President of the Senate who shall, not later than thirty (30) days after
the day of the election and in the presence of the Senate and the House of
Representatives in joint public session and upon determination of the
authenticity and due execution thereof' in the m anner provided by law,

'Sec 1970 UPLC Con:;titution Revis ion Proj ect, p. 442.

&1986 UPL Constit ution Re-vision Project, Exccutive Depart men t . pp. 12- 1:3.
8 1970 UPLC Cons titution Revis ion Project, p. 442.

' The ph rase "u pon determination of the a uthenticit y an d due execution thereor' h al>
been a dded in view of t he national exper ience in the J986 ":;nap" pr•csidential election. The
Ba t asang Pambansa majority pa r ty insisted that in the counting of vot es it s duty was purely
ministerial and, therefore, rould n ot go beyond the returns. The n ew phrase is intended to
emphasize that Congress must first be satisfied on the genuineness of the returns. If they are
obviously false, statistically improbable, or patently irregular (e.g., the n umber of votes cast
exceeds the number of registered voters), Congress i~ empowered to reject them or make an
inquiry with respect to the same. (1986 UPL Constitution Revision Project, Executive
Depart ment, p. 9.}
212 TEXTBOOK ON 'I'HE PHlLlPPINF. CONSTITUTION Sec. 5

canvass the votes. (Sec. 4, par. 4.) Congress is empowered to promulgate its
rules for the canvassing of the certificates. (]bid., par. 6.)
(2) Plurality rule sanctioned. - The Constitution does not prescribe
any minimum number of votes to he cast in a presidential election nor any
majority vote needed for the prodamation of the winner for it merely
provides that "the candidate havi ng the highest number of votes shall be
proclaimed elected. (Ibid ., par. 5.) It sanctions the plurality rule. Thus, a
minority President may be elected ( i .e. , by t he votes of less than 50f;:{, of the
number of registered voters) if there is a low t.urnout of voters or there are
more than two ( 2 l candidates .
(3) Candidate to be proclaimed. - The person having the highest
number of votes shall be proclaimed elected. In case of a tie between two or
among more than two candidates, that is, more than one candidate shall
have a n equal and highest number of votes, one of them shall be chosen
President by a vote of the majority member~;hip of Congress in session
assembled. (Ibid. , par. 5.) The candidate thus chosen shall then be pro-
claimed elected.

Election contest involving the position

of President or Vice-President.
The Supreme Court, sitting en bane (as one body ), shall now be the sole
judge of all contests r elating to the election, returns and qualifications of
the President or Vice-Preside nt. It may promuigate its rules for the pur-
pose. (Ibid., last par.)
Under the new Constitution, the Supreme Court, itself, as such, shall
be the sole judge of electoral disputes involving the President-elect or Vice-
President-elect.

SEC. 5. Before they e nter on the execution of their office, tht"

President, the Vice-President, or the Acting President shall take
t h e following oath or affirmation:
"I do solemnly swear (Ol' affirm) that I will faith·
fully and conscientiously fulfill my duties as President
(or Vice-Preside n t or Acting President) of the Philip·
pines, preserve and defend its Constitution, execute its
laws, do justice to every man, and consecrate myself to
the service of the Na tion. So h elp me God." (In case of
affirmation , last senten ce will be omitted.)

Oath or affirmation of the President, Vice-President,

or Acting President.
Oath is an o-.;tward pledge made under an immediate sense of responsi-
bility to God. If the President., Vice-President or Acting President does not
believe in God, he makes an affirmation. Instead of saying "I do solemnly
S e (:.:;. 6·7 AKT. Vll. - EXECUTTVI<~ DEPARTiviE!'I T 2 13

swear" he declares, "I do solemnly affirm. " I n such case, he omits the last
sentence: "So help me God."
The oath-taking marks the formal induction of the President, Vice-
President or Acting President in office. It is mandatory. He cannot enter on
ihe execution of his office without taking the prcs.-:ribed oath or affirma-
tion.
The President is enjoi ned by the Constitution, a mong others, to "do
justice to every man" because of the vast powers of his office which if
abused could cause much harm and injustice.

SEC. 6. The President shall have an official residence. The

salaries ofthe President and Vice·President shall be determined
by law and shall not be decreased during the ir tenure. No
increase in said compe n sation shall take effect until after the
expiration of the t erm of the incumbent during which such
increase was approved. They shall not receive during their
tenure any other emolument from the Government or any other
s ource.

Official residence and compensation of

the President and Vice-President.
(1) The official residence of the President shall he de termined by law.
(2) The annual compen!;ation of the President and Vice- President shall
be provided by law.
(a) During their tenure of office, the President a nd Vice-President
shall not receive any oth er emolument (e .fr . p er diems, allowances, and
other remunerations) from the government or any other source. With-
out the prohibition, they may he able to make use of their positions for
pecuniary gain.
(b) The compensation of the President and Vice-President, as fixed
by law, cannot be increased or decreased by Congress during their
continuance in office. A law increasing the salary of the President or
Vice-President shall n ot benefit the incumbent Pres ident or Vice-Presi-
dent at the time of the enactment of said law, for the increase shall not
take effect until after the expiration of bis term during \vhich such
increase was approved . The prohibition is for the purpose of securing
t he independence of the President or Vice· President from Congress.
(c) The Constitution , in the Transitory Provisions, fixes the initial
annual salary of the President at P300,000.00 and t he Vice-President
at P240,000.00. Congress may provide otherwise subject to Section 6.
<Art. XVIII, Sec. 17.)

SEC. 7. The President-elect and the Vice-President-elect

sh a ll assume office at the beginning of their terms.
2 14 TEXT BOOK 0!\' THE P HII.lPPl::'-JE CO~STITUTTON Sees. 7-8

If the President-elect fails to qualify, the Vice-President-

elect shall act as Preside nt until the President-elect shall have
qualified.
If a President shall not have been chosen, the Vice-President-
elect shall act as President until a President shall have been
chosen and qualified.
If at the beginning of the term of the Preside nt, the Presi-
d ent-elect shall have died or shaH have become permanently
disabled, the Vice-President-elect shalJ become President.
Where no Preside nt and Vice-President shall have been
chosen or shall have qualified, or where both shall have died or
become permanently disabled, the President of the Senate or, in
case of his inability, the Speaker ofthe House ofRe pt•esentatives
shall act as President until a President or a Vice-President shall
have been chosen and qualified.
The Coagress shall, by law, provide for th e manner in which
one who is to act as President shall be selected until a President
or a Vice-President sha ll have qualified, in ca se of death, perma-
nent disability, or inability of the officials mentioned in the next
preceding paragraph.
SEC. 8. In case of d eath, permanent disability, removal from
office, or resignation of the President, the Vice-President shall
become the President to serve the unexpired t e rm. In case of
death, permanent disability, removal from office, or resignation .
of both the President and Vice-President, the President of the
S enate or, in case of his inability, the Speake r of the House of
Representatives, shall then act as President until the President
or Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as
President in case of d eath, permanent disability, or resignation
of the Acting President. He shall serve until the Pt·esident or the
Vice-President shall h a ve been elected and qualified, and be
subject to the same r estrictions of powers and disqualifications
as the Acting President.

Classes of Presidential succession .

The Constitution pr ovides for t wo (2} classes of P r esidential su ccession,
to wit:
{1) J3.efore a~ of offi,:e by the President -elect a t the time fixed
for t h e beginning ofhiR term (Sec. 7.), i.e., at noon on J une :30 following the
day ofthe election (Sec. 4 , par. 1.); and .
(2) An~r..ass.umptiun of office by the President-e le ct at (or subsequent
to) the time fixed for the beginning of his term . (Sec. 8.)
Sees. 7 -A ART. Vll. - EXECUTIVE DEPARTMENT 215

When vice-President shall act as Presi®nt.

The President-elect and the Vice-President-elect shall a!':sume office at
the beginning of their terms, i.e., at noon on the 30th of June next following
the day ofthe election. (Sec. 4, par. 7.)
In any of the following cases, the Vice-President shall act as President:
(1) If the President-elect fails to qualify; or
( ~- If a President shall not have been chosen ; or
(a) In case of temporary inability or incapacity of the President to
discharge his powers and duties.
The Vice-President-elect shall act as President until the President-
elect. shall have qualified, or a President shall ha\·e been chogen and
qua lified (Sec. 7.), or the disability shall have terminated. (see Sec. 11.)

___
When. Vice-President
....__ ·····-· .. - .. ' -
''' ··-··· bec.ome.President.
. ...shall

In any of the following cases:

(} 1 If at the beginning of the i,erm of the President, the Presiden t -elect
shall h ave died or shall have become permanently di<>abled (Sec. 7, par. 4.);
or
c.zi. After as~umption of office, in case of death, permanent disability,
r emoval from office, or resignation of the President, in which case the Vice-
President shaJl serve the unexpired term. (Sec. 8, par. l.l
In the above cases, there is a permanent vacancy in the office of
P resident.

Where there are no President

and Vice-President.
(1) ft~fo.rfEJJ.§..SUllJ:l!Jio!!: - -The Senate President or, in case of his inabil-
ity, the Speaker of the House of Representatives, sh all act as President
until a President or Vice-President shall have been cho.c;en and qualified
where no President and Vice-President shall have been chosen or shall
have qualified, or where both shall have died or b eco me permanently
disable d at the beginning of the term of the President. (Sec. 7, par. 4.)
( 2) Afte.!_ (JR_S.lf.!.!~Pti_o~- The Senate President or, in case of his inabil-
ity, t he Speaker of the H ou.se of Representatives, shall act as President in
case of death , pPrmanent disability, removal from offlce. or resignation of
both the P resident and Vice-P re sident until the President or Vice-Presi-
dent shall have been elected and qualified. (Sec. 8, par. 1.)
(3) Where Senate President and Speaker al~;o unable to act as President.
- Congress is mandated to provide by law for the case when both the
S~n ate President and the Speaker are also unable to act as President, or
tor the case of death, permanent disability or res ignation of the acting
216 TEXTBOOK ON THJ:; I'HlLII'I'INE CONSTITUTJOX Se(':>. 9·10

President, as to who shall act as President, including the manner of his

selection, until the President or Vice-Pt·es1d~nt shall have been elected and/
or qualified. (Sees. 7, 8, last pars. i

SEC. 9. Whenever there is a vacancy in tht.~ Office of the Vice-

President during the term for which he was elected, tbe Presi-
dent shall 1mminate a Vice-President from among the l\lembe'";s
of the Senate and the House of Representatives who shall as-
sume office upon confirmation by a majority vote of aH the
Members of both Houses of the Congress, voting separately.

Vacancy in the Office of the Vice-President.

In case a permanent vacancy occurs in th(! Office of the Vice-President
during the tc1·m for which he was E>lected, the President shall nominate a
Vice President from among the members of the Senate and the House nf
Representatives.
The nomination is subject to confirmation by a majority vote of all
members of both Houses of Congress, voting- Reparately. The nmninee ~hall
assume office upon such confirmation.
.
SEC. 10. The Cong1•ess shall, at ten o'clock in the morning of
the third <lay after the vacancy in the offices of the Pt•esident and
Vice-President occur.;;, convene in accordance with its rules
without need of a call and within seven days enact a law calling
for a special election to elect a President and a Vice-President to
be held not earlier than forty-five days nor later than sixty dayH
from the time of such call. The bill calling such special election
shall be deemed certified under paragraph 2, Section 26, Article
VI of this Constitution and shall become law upon its approval
on third reading by the Congress. Appropriations for the special
eJection shall be charged against any current appropriations
and shall be exempt from the requirements of paragraph 4,
Section 25, Article VI of this Constitution. The convening of the
Congress cannot be suspended nor the special ele<~tion post-
poned. No special election shaH be called if the vacancy occurs
within eighteen months before the date of the next presidential
election.

Vacancy in the Offices of both the President

and Vice-President
(1 l Special ele.cti.r>n._-:-- In case of a permanent vacaney in the Offic-es of
both the President and Vice-Preuident, the Congres!' shall convene and
enact a Jaw calling for a special election to elect a President and Vice-
PresirlE!nt. The convening of Congress cannot be suspended nor the holding
of the i>p~cial election postponed as required by Section 10. The bill calling
Sec. ll i\Hl'. VII . - gx~CUTIV E DEPARnff:NT 217

f(l r the ~ p eci,=tl election is not subject to tht> requirements prescribed in

Scct.i nn.s 25(4) a nd 26t2 ) of Articl e VI.
C2 l ~ .i'J..e.xt Presiclential ekc_ti.QJJ., .-=::- No spec~ial election shall be called if
lhe vncancy occurs ~.tb._il} 18 ffiQ.~ before the date ofthe next Pl'l~sidcn­
tial e lection. The reason is obvious. Such special electi on becomes unneees-
sHry and costly since t.he elected President and Vice-Preside nt will serve!
only for a s hr,rt period to end wh en the term of their successors begin.

S EC.ll. Whenever the Pres ident transmits to th(: President

of the Senate and the Speaker of the House of Representatives
his written declaration that he is unable to discharge the powers
a nd duties of his office , and until he transmits to th em a written
d eclaration to tbe contrary. such powers and duties shall be
discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet
tra nsmit to the President of the Senate and to the S p eaker of the
House of Representatives tlteir written declaration that the
President is unable to discharge the powers a nd duties of his
office, the Vice-President shall immediately ass ume the powers
a nd duties of the office as Acting President.
Thereafter, when the President transmits to the President of
the Senate and to the Speaker of the House of RepresentatiYes
his written declaration that no inability exists, he shall reassume
the powers and duties of his office. Meanwhile, should a major-
ity of all the Members of the Cabinet transmit within five days to
t;he President of the Senate and to the Speaker of the House of
R epresentatives their written declaration that the President is
una ble to discharge the powers and dut ies of his office, the
Congress shall decide the issue. For that purpose, the Congress
shall convene, if it is not in session, within forty-eight hours, in
accordance with its rules and without need of call.
If the Congress, within ten days after r eceipt of the last
written declaration, or1 if not in session, within twelve days after
it is required to assemble, determines by a two-thirds vote of
both Houses, voting separately, that the Preside nt is unable to
discharge the powers and duties ofhis office, the Vice-President
shall act a s President; otherwise, the Preside nt s h a ll continue
e xe rcising the powers and duties of his office.

Rules in case of temporary disability

of the President.
Both the 1935 and 197a Constitutions containf!d no provision on how
and by whom a Pregident's temporary incapacity or inability was to be
d etermined nor how and by whom his fitness to re.=;um(! the pre~idential
21S TF.XTBOOK ON '!'HE PHlUPP1NE CONSTITVTJON Sec. 12

office was to be te.sted. 1 Hence, the authority that was to decide whether
there was a permanent or temporary disability to warrant presidential
succession was the President himself. A disabled Pre.siden:t could insist on
his capacity.
Section 11 solves the vexing problom of determining t.be existence and
termination of presidf'nlial incapacity in cases of dispute.
(1) l}!claration.. fui_.t.ll._~_p_,~~si.d_e_Y!:_t. -The President may transmit to the
Senate President and t.he Speaker of the House of Representatives hi~
written declaration that he is unable to discharge the powers and duties of
his office. In such case, the Vice-President shall be the Acting President
until the President transmits to the two officials a written declaration of
the termination of his incapacity. (Sec. 11, par. l.l
(2) I!.£.~!gra:.~!'!.'!•.b~. rrz._e_'!_I}Z.l~!...S._qf_~l]_l}_ c;_gf2!:!_1_f,t. - In case a majority of all
the members of the Cabinet- who are all the President'8 men--- transmit
such written declaration, the Vice-President shall immediately assume the
powers and duties of the Office a1> Acting President. Thereafter, upon
transmitting his written declaration that no inability exists, the President
shall reassume the powers and duties of his office. (pars. 2 and 3.)
(3) .Q.g_cis(f?f!.9..Y.Q(!l~gr__~ii_~_f(L__~(!3_e of_9_ disp!:f.!!!..: -- In case of a dispute on
the matter between the PreRident and the majority of all the members of
the Cabinet, Congress by a 2/~~ vote ofboth Houses, voling separately, shall
decide the existence and/or t£>rmination of presidential incapacity. (last
par.)

SEC. 12.ln ca'5e of serious illness oHhe President, the p!Jblic

~~UJ:)~jn(~rme.J_~( t:h~ ~tat~Qf_I!~~_he~_!_I!:..:_fhe
members of the
Cabinet in charge of national security and foreign relations and
the Chief of Staff of the Armed Forces of the Philippines, shall
not be denied access to the President during such illness.

When public to be informed of President's

state of health.
The problem of temporary incapacit-y was l).ighlightcd during the presi-
dency of Ferdinand Marcos in 1983 when his illness and lack of provision
for succession exacerbated political and economic unc(~rtainties. 1 All kinds
of speculations about his physical condition were mad0 and heard espe-
cially during the last yean; of his administra~ion ..
This problem, a serious matter indeed involving as it docs national
Elccurity r.nd public interest., has been solved by Sedi'Jns 11 and 12. In case
· of serious illness of the Presi.dent, the public has a right to be informed of

'1970 lJPLC Cons I itut.ion H~vision Project, p. 44il.

'1986 L'PL Constitution Rcvio;il>n l'roj~ct, Executive Dcpartmcmt, p. 20.

Sec. 13 ART. VTT. - RXF:CUTIVE DE PARTME~T 219

the state of his health. To safeguard the interest of the nation, particularly
during abnormal times, the Constitution declares that Cabinet members in
charge of ~.tion.~L.~~C\lrity a nd f9.t..e.i_gn_:re@ti.on~ and the OUQL<?f .S.1~f(
shall not be denied access to the President during such illness.
}.'lote that Section l~.Q9~~...n<?t.r~9.illiT.. th_~the ..Ulll_~.§~_.sho_gl..Qj DC.§ipaci-.
tate t:iie -P~~~i·d~&---·····
~ ............. - ····--·-·

SEC. 13. The President, the Vice-President, the Members of

the Cabinet, and their d epu t ies or assistants shall not, unless
otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said
tenure, directly or indirectly practice any other profession,
participate in any business, or he financially interested in any
contract with, or in any franchise, or special privilege granted
by the Government or any subdivision, agency, or instrumental·
ity thereof, including government owned or controlled corpora·
tions or their subsidiaries. They shall strictly avoid conflict of
inte rest in the conduct of their office.
The spouse and relatives by oonsanguinity or affinity within
the fourth civil degree of the Preside:!\! shall not during his
tenu"'relieappointed as Members
ofthe-Constitutional Commis·
sions, or the Office of the Ombudsman, or as Secretaries, Under-
secretaries, chairmen or heads of bureaus or offices, including
government-owned or -controlled corporations and their sub-
sidiaries.

Disabilities of President, Vice-President, Members

of Cabinet, and their deputies and assistants.
(1)-PLohibW.on.s. durin.g..J..b.e.i.r..t.eau.ra. -During t heir tenure, the Presi-
dent and Vice-President, as well as Members of the Cabinet and their
deputies and assistants are subject t.o prohibitions, n amely:
fl> They shall not hold, unless otherwise provided in the Constitu-
tion (see Sec. 3; Art. VIII, Sec. 8fll; Art. IX, B-Sec. 7, par. 2; Art. XII,
Sec. 9, par. 1.), any other office or employment;
'
'b) They shall not practice any other profession;
~) 1'hey shall not participate, direct ly or indirectly, in any busi-
ness;
{d) They shall not be financially interested, directly or indirectly,
in any contract with, or in any franchise (see Art. XII, Sec. 11.) or
special privilege granted by t he government or any subdivision, agency
or instrumentality thereof including any government-owned or -con-
trolled corporation or their subsidiaries; and
(~.) They shall strictly avoid conflict of interest (between personal
or family interest and public interest) in the conduct of their offi.c€.
220 Tt:XTijOOK ON THE PHILIPPINE CONRTITll'fiON

(2) Purp_ose of" pr.(~/:t.~hf,tions .. - The purpose of the prohibitions is to

insure that the otlicials m~ntion~d (the President particularly) will devote
their full time and at.tention to their official duties, prevent them from
exte nding special favors to th(•ir own private business which come~ under
their official jurisdiction, and assure the public that they will be faithful
and dedicated in the perfl)rroa nce of t.heir function s. 1
(3j O~her o!J'i~_iql,s s_~f!.}f.£i..l2_s_imil.C!l:J!.!'Phibj_J..~Q..7'}_. - Similar restrictions
apply to the Member s of Congress iArt. VI, Sees. 13 , 14.) and of the
Constitutional Commi~si o n s (Art. IX, A-Sec. 2. ), and th~ Tanodbayan and
his Deputies. (Art. XI , Sec. 8.) They seek to stress the principle that public
office is a publie truflt. <Ibid., Sec. l.J

Bu.l.e_on nepotiSQl·
In addition to the above disabilities, the President is prohibited during
his tenure from appointing his spouse and relatives by consanguinity or
affinity within the fourth dvil degree fe.g., up to first cousin, grand nephew
and grand niece) to any of the positions mentioned. (Sec. 13, par. 2. )
The Constitution seeks Lc> s t op the practice i.n t he past when the Presi-
dent appointed his wife , children and many of their close relati ves to high
positions in the government.

SEC. 14. Appoint ments extended by an Acting President

shall remain effective, unless revoked by the elected President
within ninety days from his assumption or reassumption of
office.

Appointments extended by an Acting

President.
(1 i 'e owers and functions of Acting. Pre.si.ri_r~_at. - An acting President
exercises the power~ and functions of the Office of Prcsid~nt until a Presi -
dent shall have qualifi ed or shall have been elected and quahfied (Sees. 7
and 8.), or his tempora1·y incapacity shaJl have terminated. (Sec.Jl.) H e is
not the incumbent President. He has not become President to ~erve the
unexpired portion of the term. There is only a temporary vacancy.
(2) Revocation by _ q_!~c tt~~ - PrE!sident... ()_fJh(: .. a.PR_~_i.'!_!!_!l:_en_t_s.,.. - The- ap-
pointments extende-d by <ln Acting President are naturally valid and effec-
tive. However, the ele<.:t.ed President is given the- power to revoke them. H e
should not be forced to endure important appointments he cannot accept.

' Chiefs ofhun~au~ and oflicc~ rtnd their- a;;si~t.ants are not in~.:luded among such orficials.
The exe:mption i;; t.o givt' them a chan<:;; tn t'•ngage in some l t.wful aclivity to augment iheir
income. At any rate, oxi~t.ing dvil service rule,:; already provide thnt <)fficers and cmployeetl of
the government ar~ prohibi ted from engaging in business unl ess with the permission of their
d epartment hE->Mls. UnU('l' tho ~amc rul1~s, d(1partment hoad11 m u;.;t make <!lure thllt the
business activity or pr;u:ti(.e ofprofc;;sion dnt~s not interfere with t.he work of the official:; nor
bring about any connict. of interest.
Se-es . 15· 16 221

But h~ must make the revocation within 90 days from his a ssumption or
reassumption of office . The period is deemed sufficient to enable him to
study the a ppointments . At the same time. it prot('cts the govE.'rnment
officials concerned from having the ~ word of Damocles of possible removal
or replacement hanging over their heads indefinitely.

SEC. 15. Two months immediately before the next presiden·

tial elections and up to the e nd of his t-erm, a President or Acting
President shall n ot make appointments, except temporary ap·
pointments to e xecutive positions when continued vacancies
therein will prejuclice puhlic.sex-vice or endanger public safety.

Appointments preceding a presidential

election.
(1} f.r:qhtb.ited if mqde w.ithia...t.wo C2J month:< before. - Section 15
prohibits an incumbent or Acting President io make appointments within
two (2l months preceding the date of the next presidential election and
thereafter until the expiration of the term of t.hc incumbent President or
the tenure of the Acting President. The purpose is to stop or curb the
possible misuse by t.he outgoing President of the power of appointment for
the purpo·s e of enlisting political support during the Presidential election
and for partisan considerations after his dd'eat.
In the past, two former Presidents extended so-called ''mass rnidnight"
appointments or last-minute appointments to f:.wor(.>d purty men or
recommendees of political supporters.
(2) bcep#on,s~ - .I.empor.acy .appoi.ntrnonts to e.xer.u.t.i.Y..e. PQ.Sition.a.~-h.~D
~ntinued vacal).cies woul~ prej~g.icc_ .P_l!bli~ _ sery-ic~- or ~J}Ql!!!.@L.Jl.UpJ.i.E
l~fety are not cover~d _by the p~~!}-~~~~-oE-:.Jhe reason is vP.r y obvious. Note
the requisites, the appointment~ must be: { ct I t E.'mporary in nature; {b) to
executive positions; and (c) urgent in the jntere8t of pub lit: service or public
safety. Permanent appointments to judicial positions are, therefore, also
covered by the prohibition. (see Art. VIII, Sec. ~ . par. 2.)
(3) Allowed if made more than two (2) months bt>fore. -·Appointments,
whether permanent or temporary, to executive or judicial position. ex-
tended by the incumbent or Acting President more than two 12) months
preceding the date of the next Presidential election, are valid. What Sec-
tion 15 prohibits are appoi.ntments, whether permanent or temporary, to
executive positions, made within the two (2)-month period except in re-
spect t o temporary appointments to executive positions which have to be
filled immediately.

SEC. 16. The President shall nominate and, with the consent
of the Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers
and consuls, or officers of the armed forces from the rank of
 TE XTBOOK ON 'l'HE PHILIPPI Nr: CONSTITUTION Soc. 16

colone l or naval captain and other officers whose appointments

arc vested in him in this Constitution. He shall also a ppoint all
other officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be
author ized bylaw to a ppoint. The Congress may, bylaw, vest the
appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make appointments
during the r ecess ofthe Congress, whether voluntary or compul-
sory, but such appointments shall be effective only until disap·
proval by the Commission on Appointments or until the next
adjournment of the Congress.

Meaning of appointment.
Appointment is the ac~ of desi.gnation by the executive officer, board, or
body to whom the power has been delegated, of the individual who is to
exercise the functions of a given office. 1

Nature of power to appoint.

The power of appointment is intrinsically an executive prerogative. The
legislative body creates the office, defines its powers, limits its duration,
a nd provides the compensation. This done, its legislative power ceases. It
has nothing to do with designating the man to fill t he office. 2
The exec utive nature of the appointing power does not imply ~hat no
appointment by Congress and the courts can be made. They m ay also
appoint t hose officers who an~ necessary to the exercise of their own·
function s . (see Art. Vl, Sec. 16fl); Art. VIII, Sec. 5(6J.J

Officials whose appointments are vested

in the President.
(1) Un der S ection 16. - The power of the President to appoint high
officers in the government. is shared by the Commission on Appointments'
power to ratify or reject. The officials whom the President i::; authorized to
a ppoint under Section 16 are:
la)The heads of executive departments, 3 "ambassadors , and other
public ministers and consuls;

'Meclu~m . Puh. Offices and Officer s, Sec. 102: Borrom eo vs. Marian o, 41 Phil. 322;
Aparr i vs. Court of Appeals, 127 SCRA 2:31, Jan. ;n, 19A4.
~see Gov't. of the Phil. Is. v ~. Springe r, 50 Phil. 259.
·'The.)' n~fer to dt~ pa rtmcnt ~<ecn·tari e~ who are mtmbers of the cabinet and who head and
run a r egular depart ment (e.g., Department of Agri culture ) and its subor din ate offices. Not
every official of Cabinet rank is a head of a depa rtment. Some Presidential assistunts (e.g.,
 ART. VII .-· 1•:XI':CUT1VE DEPARTMENT

(b) The ~)ffi cers t)f tht' Armt~d F'orCL' :< (Jf t he Philippines from the
rank of colont:>l or m1v <tl capta iu :
::c) Other oHil:c~J·.s <.vhnse appointments are ves t.cd in the Pl'esident
by the Constitution;
(d) All other officer s of the Government who::;e appointments a1·e
not otherwise pro\ided for by law, and they refer to officers to be
appointed to lower offices cr~ated by Congress where the latter omits to
provide for appointments to said officG~. or provides in an unconstitu-
tional way fm such appointm ents; and
(e ) Those whom h e m ay be authori z-ed by law to appoint s u ch as the
heads of govf'r'1ment- own~d or -controlled corporations, department
undersccretarie;s , heads of bureaus and offices, and other officials.
The Congre~s may impose qualification::; for appointment t~> public
offices of relevance to the dutitlS to be performE-d.
(2) Under oth'!.r rnm.•i:-;ions . -- The Prt>sident, likewise, under other
provisions ofthc Coustitution, appoints the members of the Supreme Court
und judges of lower courts including the St=\ndiganbaynn (Art. VIII , Sec. 9;
s ee Ar t. XI, Sec.. 4.), the regular members of the Judieial and Bar Counci l
tArt. VIII. Sec. 8f21.), the Chai rm<.~n and the Commi ssio ners of the Civil
Service Commission <Art. rx, B-Sec. ll2 1. 1, the Chairm a n and the Commis-
!:~ioners of the Commission on E lectlonl> (Ibid., C-Scc. H2ll, t he Chairman
and the Commissioners of tht~ CommiHsion oo Aud i~ (!bid., D-Sec. ll2].),
and the Ombudsman anrl his D£>pulies. (Art. XL Sec. 9.\
The Com.;titution does not. stHtt:' the appointing uuthority with respect
t'> the Chairman and M embcr.s. of the Commission on Human Rights. (Art.
XIII , Sec. 17.) Tht>re is no doubt, however, that the p ower to appoint them
i s lodged in the President. (seP. Sec. 16. )

Confirmation of appointments by Commission

on Appointments.
Only the officer!S in the tirst three (aJ groups enumerated in Section 16
art:! appointed by the Pre~ i den t with the <:onBent. (confirmation) of the
Commission on Appointments. Departmt>nt undersecretarie::; and heads of
bureauH and cer.-t.{lin ofli.ces under t he different depal'trncnts which are not
<.:<ll led hureau1' like the Securitir:.s and Exchange CommiStiion, Insurance
Commission, N<itional lrri gati~m Administratil)n, etc., are no longer in-
cluded among those whose appointments are t.o be confi rm ed hy the Com-
mission on App ointmen ts. 1.se0 Art. VI, Sec. 18 .) 'l'he p urpose is to insulate
them from the baneful influence of parti::;an p olitics. 1'hey are civil service

? r·csidential As~i::;taJ•t on L~gi >;< l ~r(iv<? :\ffni,·;;J ar~ gi\·.,n th« r;rn k of Secretary and arc so
addrc.,sl!d but they :·n P. not full -fi i?. Jg~d Cabin+'!. nH:mher.o;. They de> nnt head departments and
t hdr appoi ntment.<; ;:~t· not ,;uhmit.ted w lht~ Commi~!'>iun on Appointments for confirmation.
224 T EXTBOOK Ol\i THE PHILIPPINE COt\.STITl.:T JON Sec. 16

officers whose appoiutment:s are sup posed to b~ made only according lo

merit a nd fiLn ess. (Art. XII. B-Sec. 2l2] .) · '
The m ember~ of the judjciary and the Ombudl;man and his D eputies
arc <lp pointed by the President upon re<.:ommendation of the Judicial and
Bar Council without n eed of C(mfirmation by the Commission on Appoint-
menU;. ThCl appointment of the Chairman and Member s ofthe Commission
of Human Rights does not also require con firmation by the Commission on
Appoi ntmen ts. Also, not s ubject to confir mation are the ranking officers of
t he Philippine National Police (P NP; which is a civi.lia li organization dis-
tinct from tlw Armed F orces of the Philippines (AF PJ. ( SC t' Art. XVI , Sec. 6.)

Appointment by other officials.

Congress may, by la w, vest. in the courts , h eads of departmen ts, agt~n ­
cies, <.:omrnission s, or boards, the powe1· to a ppoint other officers lower in
rank (e.g , Chiefs of divisions or sections) in th eir respective offices. {Se c.
16 , par . l. j ThE:' phras<: "lower in rank'' refers to officers subordinate to
thosE- enumerated offi~;ers in whom respectively the power of a ppointrnent
may be vested - t he heads of executive departments , agencies, commis -
sions, and hoards. 1\ ppointm ents of minor employee~; may a lso be ve sted in
the m. The Supre nw Court a ppoi;1ts all offici als and employees of th e
judiciary. <Art. VI II, Sec. 5[Gj.)
'fhe phrase does n ot incl ude h eads of b ureaus and offices not specifi -
cally mei! tioned in the Constitution as among those to be appoint ed by tlH~
President wl1o 3J"(~ subordinates of Cabinet m embers. By l.aw, their ap-
poi ntm en ts an~ ves ted in the PreBident.

Kinds of presidential appointments.

Appoint.rr:ents which are r equired to be submitted to the Commission
on i\ppointments a re (~it her:
i 1 J regular appoi ntments or those m ade during the sessions of Coo-
g-reRs !Sec. lG, par. 1. ); or
l 2} acl int.erim appointments or those made during a r eccs :) of Congress .
Ubid., par. 2.J
With respect to r egu lar appointmen ts subject to confirmation by the
Commission on Appointment s, the President issueR a nomi nation as a
prelimina ry to 3ppointment, to be a pproved by the Comm ission on Ap-
pointments. So there i:) no appointment yet in th~ s tr ict sens e until it is
confi.rm ('d. It is clear that there are three (3) stages in regul ar appoiut-
ments, to wit: n omination by the P resident, con sent by the Commission on
App(lintnHm ts, and appointment by the President.

Ad interim appointments.
The second p a ragra ph of Section 16 r efers to ad interim appointmen ts
or appointments made by the President during the recess of Congress,
Sec. 16 II HT. VII.·- !o;Xl-~CUTIV E DEPAR'DfF.NT 225

whether such r~ces s is voluntary or compuls~n·y. Compulsory recess takes

place when Con gn~ss a djo urns, while voluntary recess is that which takes
pl ace before t he adjoumrnent of Congres..;, like a Ch ristmas Hlccs~.
Under the Constit nlion. the Commission on Appointments, which ap-
proves major appoi.ntmenls of the Pres ident, m eets only whe n Congress is
in session. tArt. VI , Sec. 19. J The 1·ece!'\s appointment power keeps in
continuous ope ration t h e busi ness of governm ent when Congress i ;; not in
session. But the appointments shall cease to be e ffective upon rejection by
the Commission on Appo intments or, if not acted upon, at the adjournmen t
of the next s e~sion, reguiar or special, of Congress. In other wo1·ds, in the
secund situation, the appointment remain-" eil'ective until the end of the
session foll owing su ch appointment or "until t h e next a djournment,'' not
until t he next (vulnntary; reepgs. This is to give the Commission on A p-
pointmen ts time to delibe :·ate upon the ~1ppoint me nt before confirming or
rejecting i L.
Section 15 gives th(• President t he: power to make temporary appoint-
ments . Section 16 ip<n·. 1. ! refers to the regul at· a ppointing p ower of the
President.

Kinds of appointment in the career

services.
They Me:
( l J Permcu1ent . .. _. <.1rH· which is issued to a per:;on who meetti all the
requireme nts for the p1.l:'i tion to which hoi~ appointt:>.d; it lasts until it is
lawfully terminated . ThP. holde:r of s uch appo intmr:: nl eannot be removed
except only for cause: 1 and
(2 1 T,·mporory or ru.'tin!J. - one which is i s~;ue d to a perl:'on who meets
all the require!llent;: for the posilion to which h e is being appointed except
the appropriate ei\'il ~c n ice ellgihility; it shall not exceed 12 months, but
the appointee may be replaced socincr if a qualified civ.il service eligible
becomes available. The h older of such appointment may be removed any
time e ven without a h(·rtring or cause.:·

Steps in the appointing process.

They are:
(l ) Ap{Jointmen t. - It is the m:t of t he appointing power. It may include
the issuance by the Pr~id cnt of the commi lision, which is the written
evidence ~f the appoin tme nt: and
······
(2) A cceptance. - It is the act of the appointee. He m ay or may not
accept the a ppoin tment. But a cceptance thereof is neces»ary to enable hi m

1Pr·esrdcnt.ial UP.l:l't:" Xo. bOI. ;S('C. 2!1.

'Jhirl.
2~6 TI<:XTBOOK ON T HE PHJLTPPJN E CONST ITUTIOK SE::c. 16

to have full possession, enjoym e-nt, and responsibility of an office. It is not,

however, necessa ry to t he lega li ty of the appointm e nt..~

Kinds of acceptance.
Acceptance may be:
( 1) Express. -- whe n doM verba lly or in writing; and
( 2 ) I mplied. - when, wit h out formal acceptance, the a ppointee enters
upon the exercise of the duties and functions of a n office .
The best formal evi dence of the acceptance is undoubtedly the qualifi-
cation of the officer appointe d by taking the oath of office. In some in-
stance!:!, the law requires th ~tt a bo nd be p()sted.

Meaning of designation.
Designation is simply the mere imposition of new or additional duties
upon an officer already in the government Mrvice (or any other competent
person) to temporarily perform the functions of an office in the executive
branch when the officer r egularly appointed to the offi ce is unable t.o
perform his duties or there <:xists a vacancy. 7
It is, therefore, d ifferent from appointment.

Removal power Qf the President.

Removal is th e ouster of an incumbent before the expiration of his term
of office.
The Constitution contains no provision expressly ves ting in the Presi-
dent t hP. power to remove executive officials from their· posts. Nevertheless.
the power is possessed by hi.m, as it is implied from any of the fol1owing, to
wit:
(1 > from his power to appoint which carries with it t he power to re-
move;
(2) fro m the natur·e of the "execut ive power·· exercised by the Presi-
dent, the power to r emove being executive in n::~turc (Sec. 1.);
(3 ) from the President's d uty to execute the laws (see Sees. 5, 17 .);
(4) from the President's control of all departments , bureaus a n d offices
(Sec. 17.); and
(5) from the provision that "no officer or £~mployee in the Civil Service
shall be removed or suspended ex(:ept for cause provided hy law." (Art. IX,
B-Sec. 2[3J.)

6
Borromeo vs. Manalo, 41 Phil. 322; Lacson vs. Romero, 84 Phil. 740.
"Administrati,·e Cnde uf 1HH7, Book IJ J. S ectiun 17.
s~c . 17 ART. Vll. - F,XECUTI VE DEPARTM J:;:-IT 227

Whet·e the power to appoint is vested by law in the courts, tht:! h eads of
departments, etc., Congress may ulso provide that those appointed may be
removed by them , subject to .such r estrictions a s it deems best to impose for
t he public: interest.

Extent of the President's power

to remove.
With r espect to officers exercising purely executive functions whose
(1)
tenure is not fixed by law (i.e. , members of the Cabinet), the President may
remove them with or without cause and Congress may not restrict such
power.
(2) With respec t to otfic er~> exercising quasi-legislative or quasi-judi-
cial functions (e.g., members of the Securities and Exchange Commi~:~s ion),
they may b"' removed only on grounds provided by law to protect their
independence in t he di.sdtarge of their duties;
( 3 ) With respect to constitutional officers r emovable only by mean s of
impeachment (see Art. XI , Sec. 2.), and judges of lower courts (Art. VIII,
Sec. 11.1, they are not subject to the removal p ow~r of the President; and
(4) With respect to civil service officers, the Presidt>nt may remov(!
them only for cause as provided by law. (Art. IX , U-See. 21:11.1

SEC. 17. The Pres ident sh all have control of ail the executive
departments, bureaus, and offices. He shall ensure that the laws
be faithfully e xecuted.

Power of control over alf executive departments,

bureaus and offices.
T he above pJ·ovision emphasizes the rolE> of the President a s adminis-
trator.
As administrative head, the duty of the Presidtmt is to see to it that
every department, bureau and office under the executive branch it; man-
aged and maintained properly hy the person in charge of it in <:w:ordance
with pertinent Jaws and regulalions. 1 There arc two factors that. contribute
to the effective hold and cont r ol of the Pregiden t over all executivt' de part-
ments, bureaus and offi<:es, to wit :
The power of'appointm,•nt ~Sec. 16.), with which he may choose men
(1}
of competence and confidence; and
(2) The power ol removal (which is implied in the power to appoint),
with which h e may weed out incapable and dishonest officials.

1V.G. Sinco, op. cit .. p. 235.

228 TEXTBOOK ON Till'; l'HILIPPINE CONSTITUTION Sec. 17

Naturt3 and extent of the power of control.

( 1) Over cabinet members. -·The power of control of the President is in
line with the concept of Cabinet me mbers serving as a lter egos (Lat.,
another I.) of the President. It implies that he may alter or modify or set
aside what a subordinate officer had done in the performan<.:e of his duties
and to substitute his judgment for that of the latter/ act directly on any
specific functio n c ntruRted to the offices concerned, direct the performance
of a duty, r estrain the commission of acts, determine priorities in the
execution of plans and programs, and prescribe standards, guidelines,
plans a nd progra ms.
(2) Over other subordinate officers. -- The power of contr<Jl of the
President over a ll execuli ve departments, burcEJ.us and offices is not just
over the heads thereof but extends to all other subordinate officers. It
includes the power to supervise, investigate, suspend, or remove officers
and emp loyees who belong to the executive branch if they are appointed b:y
him or do not belong to t he career service.
(3) Over officers and empLoyees in the cq_reer service. - The President,
however, has nv authority to directly investigate and thereafter remove
even for cause , an officer or employee who belongs to the career service.
(see Art. IX, B-Sec. 2r3 J.i Such officer or employee fall s under the original
and exclusive jurisdiction of the Civil Service Commission insofar as inves-
tigation is concerned. A direct action of the President would deprive them
of due process as guaranteed by th e Civil Service Law .:1

Power to insure that the laws be

faithfully executed.
(1) Primary function of President. - As the Executive in whom the
executive power is vested (Sec. 1.), the primary functi on of the President is
to enfor<.:e the laws . Before assuming office, h e 'is required to take an oath
or affirmation to the effect that as President. of the Philippines, he will,
among others, ''execute its laws." (Sec. 5.) Now, he "s h a ll insure, that the
laws be faithfully executed." (Sec. 17 .)
(2) More of (l mandatory dut:y than a power. ·-- The function of the Presi-
dent to sec that the laws a re faithfully executed is more of a duty than a
pow er, to be discharged by him personally and through subordinates under
his control or supervision. (see Art. X, Sees. 4, 16.) To say that the Presi·
dent can forbid the execution of the laws is tantamount to investing him
with the power to make a mockery of the legi slative process and the a dmin-
istration of justice. It is his mandatory duty to enforce the laws of the land
regardless of his opinion about their wisdom, advisa bility or validity. A law
is presumed valid and constitutional until judicialJy declared otherwise.

2See Monda•lo vs. Silvos a, 97 Phil. 143.

'l'fh e law is the Civil SE-rvice DecrP.e of the Philippines. <Pres. Decree No. H07 . I See Ang-
angco vs. Castillo. L-1716H, l\:vv. 30, 1963.
Sec. 18 ART. VII. - EXECUTIVE DEPARTl\·l ENT 229

SEC. 18. The Pres ident shall be the Commandet•-in-Chief of

all armed forces of the Pbilippin~s and wheneve r it becomes
nec:sary, he may call out such armed forces to prevent or
suppress lawle-:;s viole nce, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it, bJ~ rna~
for a period not ~xce~~!n~ts!x~. d~J suspend the privilege of
the writ of habeas corpus or place the Philippines or any part
the r eof under martial law. Within forty~eight hours from the
proclamation of martial law or the suspension of the privilege of
the writ of habeas corpus, the President shall submit a report in
p~~2!l or in .w.rjtin.g to the Congre~s. The Congress, voting
..~!!.tll:• by a vote of a t least . ~- majority of all its Members in
regular or special session, may revoke such proclamation or
s uspension, which revocation shall not be set aside by the
President. Upon the initia tive of the President, the Congress
may, in the same manner, extend such proclamation or suspen-
sion for a period to b e determined by the Congress, if the
invasion-er rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension, convene in
accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceed-
ing filed by any citizen, the s ufficiency of the factual basis of the
p roclamation of martial law or the suspension of the privilege of
th e writ or the extension thereof~ and must promulgate its
d edsion thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
l egislative assemblies, nor authorize the conferment of jurisdic-
tion on military courts and a gencies over civilians where civil
courts are able to fun ction, nor automatica lly suspend the
privilege of the writ.
The suspension of the privilege of the writ shall apply only to
p ersons judicially charged for rebellion or offe n ses inherent in
or directly connected with invasion.
During the suspe~sion ofthe privilege of the writ, any person
thus arrested or d etained shall be judicially ch arged within
three days, otherwise h e shall be released.

Military power of the President,../

·.
The a bove section prov)des for the military power of the President.
(1) Powers to meet emergency situations. - It mentions three extraor-
dina ry remedies or measures which the President is empowered to utilize
230 TEXTBOOK ON T HE PHILIPPINE CONS1'lTUTJON St-c. 18

in meeting emergency s ituations:to'call out the armed forces; t.o suspend

the p rivilege of t he writ of habeas corp us; and t o declare martial law. The
Constitution has provided another built-in measure to cope with any crisis
or emergency: emergency powers expressly delegated to the President b y
Congress (under Ar tich~ VI, Sec. 2;1f2l.l.
( 2) Commander-in-Chief of' the Armed Forces. - The Const itution makes
the President, a civilia n, the Commander-in-Chief of all armed forces of the
Phil ippines. 1 He i!> authorized, whenever it becomas neceasary, to call out
such armed forces to prevent or suppress lawless violence, invasion, or
rebellion . This provision ensures the supremacy of the civil authorities
over the military forces of the government. (see Art. II, Sec. 3. )

Powers of President as Commander-in-Chief

of the Armed Forces.
The President is not only a civil offlcial. As Commander-in-Chief of
t he Armed J:t'orces , he is also in a sense a military officer. He is not,
however , a member of the a r med forces, and consequently, he is not subject
to court martial or military discipline.2
As Commander-iu-Chief, the President ha s control of the military or-
ganization and personnel whether in peace time or in war time. Re is givE>n
the broad powers to call out the armed force s to prevent or su ppl·e ~~'>
lawless violence, invasion , or rebellion. A-le is also empowered to <.:ff•a ie
military tribunals to try persons who violat e military laws or commit
crimes agains t n ationa l security. H.9we ver, e v_e n in ~ st~J~ of.;nartia,U£Y£.,
m_i}ij:ary__~ourts an.~l. agen_cies ha:ve no jurisd~ct~~m over Gi.Yih~u.s.v.:.lliu:f:.civil
c.ourts ar.e ..ahle to functio.u. (Sec. 18, par. 4.)
ln thtui.'LCllLo.f.war,.the..Pre.sid.eot • .rwrmaUy...\'<.VJJld..d.ele_g_a.t.e. t.he .~ctuaJ
..s;on:un~m.d _q[J,he ~rrn ed for ces to hi!?. military ~~perts ,_ -- ~~( t:.he ulti}1}~te
f O.JJ1.Ifl.a.fld..b.~!~!!!i_~t9_~~-~-...

Authority of Congress over the armed forces.

,·Congress shares with the President his authority over t he armed forces.
It ~upplie s the money a nd makes t he laws for thei r governance. To it
belongs the sole pow~r to decla re the existence of a state of a war. (Art. VI,
Sec. 23ll]. )

Power to suspend privilege of writ of habeas

corpus.
Two conditions are necessary in order that the President may suspend
the privil ege of the writ:
,<I>Ther~ must be invasion or rebellion; and
'This powe r covers the Philippi ne National Police (P:-/P ).
1Sw1:1rtz, The Powers or the President C196a), p. 215.
Sec. 18 AR1'. VTL - EXECUTIVE DEPARTMBNT 231

(~). The public safety must requi re the suspension.

This particular topic has previously been discussed under the Bill of
R.ightf:<. ( see Art. III, Sec. 15, par. l, supra. )

Power to declare martial law.

The conditions for a valid suspension of the privilege of the writ of
habeas corpus are also the requisites for the declaration of martial law by
the President. fl9wev_e..r...the..C.oru;.titutionmak.e..s it clea.r. t.b.~J. th.~prqslama­
tion of martiall~-w...9.Q~.s not automatically suspend the privilege of the writ.
~(Sec~·i8, par. 4. )
1
The s us pension of the privilege s hall· apply only with respect to persons
judicially charged for rebellion or offenses inherent in, or directly con-
nected with invasion. (Ibid., par. 5.) A person arrested or detained must be
released if not judicially charge d within three (3J days. Ubid. , last par.)
This mandate is directed against the practice in the past of detaining
indefinitely persons for alleged political offenses without charges being
filed against them in court. And even when the privilege of the writ of
ha.beas corpus i~; suspended, th e right to bail is not impaired . (Art. III, Sec.
13.)
The power to proclaim martial law includes the power to make all
needful rules and n~gulations with the force of law until the termination of
martial rule .

Mean!ng.oLmartlal law:.
(1) In its comprehe n~ive sense. it includes all laws that have reference
to and are administered by the military forces of the State. They include:
ta) The military law proper, that is, the la ws enacted by the law·
maKing body for the government of the armed forces; and
(b) Tht~ rulct< governing the conduct of military forces in times of
war and in places under military occupation.
( 2) In its strict sen:·w, it is that Law which has application when the
military arm does not supersede civil authority but is called upon to aid it
in the execution of its vital functions.~ The Constitution refers to this
meaning of martial law.

Basis, object, and duration of martial law.

(1) Basis. - The right to declare, apply, and exercise martial law is one
of the rights of sovereignty. It is as essential to the existence of a nation a~'.
the right to decl a re and carry on war. 1 The power is founded on necessity
and is inherent in every government.

~See Willoughby, 2nd ed., p. 1586.

~51 Am. Jur. 24 1.
232 TEXTBOOK ON Tim l'HILll'PIIS'~: CONSTI1'VTIO~ Sec. 18

(2) Object. - -· The object of marti al law is the preserva tion of the public
safety and good order. ~U nless the right and power exi ~t, p(~ace , good order,
security - government itsel f - may be des troyed and obliter ated ... when
the domination of la wless elements becom es so powNful that it cannot be
stopped b y the civil a u thor ities.
(3 ) Dur·ation. - Bei ng founded 011 neeessi ty, th e exercise of the power
may not extend beyond what is required by thP. exigency whith it ca ll
forth .G Section 18 (par . l. i sets a t ime lim it for th e d uration of t he state of
martial law and t he suspension of the: privilege of the writ of h abf•as
corpus.

Restrictions on the exercise of the two

powers.
The Constitution imposes reslridion::; on the Pre"ident\ power t.o de-
clare martial la w and to !:;uspend t he privilege oft.he wri t. o!'/wb(~ns corpus.
The lessons learned by the people from 14 year~ of marti al rule m ainly
account for their imposition. Moreover, these extraordinary powers fall
heavily on .human rights. Only when a bsolutely necessary should the Con-
stitution provide for a der·ogo.tion from the ccmplcte exercise of such rights,
and whe n carried out, should cause the least curtailment th ereof. 7
The r estrictions are on the conditions. duration, a nd effects of the
exercise of the powers. They a rc:
(-1 ) There must be (actu al ) i nvasion or rebellion a nd pulllic sa fety
rc~quires the prodamation or s uspen::;ion;
(2J Th e duration sh all not e xceed 60 d ays un less exte nd ed by Cong t·ess
(which must convene within 24 hours fo!Jowiug tho p roclamation or sus-
pension without need of a call ) upo11 the initiative ol the Pres ident, i.e., he
must ask for extension of the proclama tion or s uspen sion for a period t.o be
determined by Congress i.tsclf(Sec. l R, pars. 1 nnd 2. J;
(3) The P resident m ust submit a re port in person or in writ ing to
Congress within 48 hours from the proclamation or sul;pen sion (!bid.) to
guide Congress in decid ing the a ctjon il shou ld takt>, i. e., re vocation or
extension;
(4) T.h~ procla mation or suspension :rnay be revoked by majority vote of
all the m embers of Congress voting jointly (not separa tC'ly i which r evoca-
tion sh aU noi be set asid!! by the Presidl'nt {]6id.J;
(5) The S upreme Court may inq uire into t he suffi ciency of the factual
basiR of the proclamation or suspenRion. (ibid., par. ;-u So, the a ction~ of

'' Th u;;, it is eS~t!ntially a police power·. (see Art. ITT, Se<.:. 9.1
uMoyer vs. Peabody, 212 U .S. 78; Dunc•u\ v:;. Ki:ihnnamok u , 2:.l7 U.S. 304 : Lawyer:;'
Journal, Oct. :n , 1972.
' W86 UP L Constitution P roj t>Ct., E:~W('Uti w' De paa·tmc nt, pp. 24-:.15.
Sec. 18 ART. VII.-- EXECUTIVE DEPARTMt::-\T 233

both the President and Congress lin case of extension) are made subject to
judicial review; and
(6) The effects of a state of martial law are clearly spelled out, to define
the extent of the martial law power. (par. 4.)

Effects of a state of martial law.

The definition of the extent of the martial law powers is made by way of
denials, stating what are not the effects of a state of martial law. (par. 4.)
Thus:
(1 J 9P.?m.t.ipn !Jf..th.e C.an.s.tiJJJ.ti.tm. - It does not suspend the operation
of the Constitution. The declaration does not mean that the military au-
thorities will take the reign of government. Under the Constitution, civil-
ian authority is at all times supreme over the military. (Art. II, Sec. 3.) The
guarantees of the people found in the Bj]] of Rights continue to exist.
Whatever interference there may be with individual liberties or property
rights must be justified, as in the case of police power (see Art. lii, Sec. 9.),
by absolute necessity in the interest of national security or public welfare.
( 2 :1 .EUJ1&t.i.u!11i.. of.duiL fXlUI.~ JJ.ll.d.._l£gi.sl.a.tine_.asse.m.blie11....- It does not
supplant the functioning of the civil courts or legislative assemblies. The
proclamation of martial law serves as a warning to the citizens that the
military powers have been called upon by the President. to assist him in the
maintenance of law and order. ~o new powers are given to the President;
no extension of arbitrary authority is recognized; "fi.o civil rights of the
individuals are suspended. 8 M.~.r.t.i.~l.J~wj~ decl!!r.~.d- m.~_ili_tQ . a.ssist.. the
.civil government,.not. to supplant: it-.
(3) .J.u.~tion of military coud,s and agenc"S· - I t does not author-
ize the conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function. Under martial law, for
instance, a person may not be arrested and detained indefinitely without
court orders and civilians may not be tried by a military commission or
court-martial for a crime relating to national security. When martial law is
declared, civil authorities are not superseded by military authorities. Nor
are civil laws suspended.
(4) .fri_vi(W,!!_Qf. the writ of hab~a8_<;.C!fl!..US . ...._ It does not automatically
suspend the privilege of the writ of habeas corpus. The privilege continues
to be available to persons under detention until ~uspendt~d by the Presi-
dent, subject to the restrictions imposed. (Sec. 18, par~. 1 and 3.) The
suspension shall apply only to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion. Any person thus
arrested or detained shall be judicially charged within three (3) days;
otherwise, he shall be released. (Ibid., pars. 5 and 6.) This provision could
effectively negate the suspension when an actual emergency occurs.

•sec 3 Willoughby, 2nd ed., pp. 1591-1592.

 234 TEXTBOOK ON THE PHILIPPI~E CO:-;;STlTUTION 8 ec. 19

SEC. 19. Except in cases of impeachment, or as otherwise

provide d in this Constitution, the President may grant r e ·
prieves, commutations, and pardons, and r e mit fines and
forfeitures, after conviction by final judgment.
He shall also have the power to gra,nJ . ~IJ!!!~~~y with the
~ concurrence of a majority of all the Members of the·Congress.

~doning
........
power .
The power to gr ant pardon and other a cts of clemency to violators of the
law is traditionally vested in the Chief Executive of th~> n ation. 1 The
Constitution gives this power to th e P resident in th e above provision. This
power ca nnot b e taken away from him nor can the exe rcise th ~ reof be
su bject t o limitations or condit ions beyond those provided by the Constitu-
tion. (see in fra.) Neither m ay the courts inquire into the wi~ dom or rea-
sonableness of a ny pard on g ranted by the Presi dent. Hi s d iscretion is
absolute. (see, however , Art. VIII, Sec. 1, par. 2 . .1
The pardoning power extends t o all offenst's, including criminal con-
t empt (disrespect to or disobedience to a court whi ch amounts to a crime).
It does not give the Pr esident the po\ver t.o exempt, except ftom punish-
ment, anyone from the law.

Meaning of reprieve and suspension •

of sentence.
..Be.pJ:J:.eue is the pos t.pon em <~ nt of t.he execution of a death f\e ntence to a
certai n date. It is diffen mt from suspension of senten ce wh ich is t he post-
ponement of a sentence for a n indefi.nite time.

Meaning of commutation.
QQJJ:J.nz utation is the reduction of the sentence imposed to a lesser
punishment, as from death to life im prisonment . lt may he granted without
t h e acceptance a nd even against th e will of the convict.

Meaning of pardon.
J'g.r d_q_n_ha s been defim: d a s an act of grace proceeding fr om the power
ent rusted with the execution of the laws (Pre::;identi which c xemp1 s the
ind ividual on whom it is bes towed , from the punishmen t the law inflicts for
a crime h e has committed.2 (as to meaning of parole, see Ar t. IX, C-Sec. 5,
infra.)

1
See Pres. Decrees No. 95, 124, :Hi4, 433. and 598. The l'rcsidt!nt acts gt!nerally, pursu-
ant to the r ecommendation of t he Board of P ardons an d Parole which i~; headed by the
S ecretary of Justice a s its chairman.
2
De Leon vs. Director of Pri~ons, :n P hil. 60.
Sec. 19 AHT. Vll. - EXECCTIVE DEPARTMENT 235

Object of pardoning power.

Executive clemency exists to afford relief from undue harshness or
evident mistake in the operation or enforcement of the criminal law.
The administration of justice by the courts is not necessarily always
wise or certainly considerate of circumstances which may properly miti·
gate guilt. To afford a remedy , it has always been thought essential in
popular (democratic) governments, as well as in monarchies, to vest, in
some authority other than the courts, the power to ameliorate or avoid
particular judgments.3

Kinds of pardon.
They are:
(1) . -bbsgl.l:J.J:~. - when it is not subject to any condition whatsoever. It
becomes effective when made; and
(2).il.!J.T'ldit~<l!1PI- when it is given subject to any condition or qualifi-
cation the President may see fit. It must be accepted by the offender to
become effective.

l..i mJJations uportth.e par:®nln~ow.er.

They are the following:
!(.t') It may not be exercised for offenses in impeachment cases (Art. XI,
Sec. 2.);
I)) It may be exercised only after conviction by fin&l judgment (par. 1.);
t;B) It may not be exercised over ciuil contempt 4 (as for refusing to
answer a proper question when testifying as a witness in a case); and
<¥ ' In case of violation of/election law or rules and regulations, no
pardon, parole, or suspension of sentence may be granted without the
recommendation
._.......... - -. ·-· ... . .. . of.....the Comm.i§.§.i_Q!L9.n..El.~kt.jons. (Art. IX, C-Sec. 5.)
... . .. ··- -·--.

Effects of pardon.
They are the following:
q1 It removes penalties and disabilities and restores h1m to his full
civil and political rights;

"Ex-parte Grossman, 267 U.S. 870; see Art. 5, R~vised P enal Code . In the review of
decisions in criminal cases i"cluding those where the death penalty is imposed, the Supreme
Cout·t must reiy on the evid~>nce as presented to and evaluated by the lower courts. On the
other hand, the President, in the t>xercise of his constitutional prerogative to grant pardon.
stay of execution, or commutation of sentence, can take a broader look and con;;ider facts and
circumstanees beyond the ~;;videntia1·y record.
•It is the failure to do ;;omething ordered by a court to be done in !l civil action for the benefit
of a party and is, therefore, an offe nse against thE! party in whose beht~lf the ot·der is made. {17
C.J.S. 8.) CJi.min.aL~'J.t@U?.i.. on the other hand, is any conduct directed against the dignity or
authority of a court, which tends to bring the court into disrepute or disrespect. (17 C.J.S. 7.)
 TEXTBOOK ON THE PHILIPPINE CONSTITUTION .Sec. 19

r-2 ) It does not discharge the civil liability of the convict to the indi -
vidual he has wronged as the President has no power to pardon a private
wrong;'' and
(3) It does not restore offices, property, or rights vested in others in
~onseque:nce of the conviction. 6 Under our law, a pardon shall not work the
restoration of the right to hold public offices or the right of suffrage unless
such r ight b~ expressly restored by the terms of the pardon. ~

Remission of fines and forfeitures.

The President has the po,.,.·er to remit fines and forfeitures for all
offenses after final conviction. Th1s power may not be exercised by any
officE:r other than the President. But Congress may constitutionally au-
thorize other officers such as heads of depart ments or bureau chiefs to
remit administratiue .fines and for feitures. 8
Remission prevents the collection of fin es or the confiscation of for-
feitecfpro.pcrty. The power of the Pre sid~nt is limited to fines or forfeitures
as have not been vested in third parties, or paid into the treasury of the
governm ~nt, as fund s cannot be paid out of the treasury without the
authority of Congress. 9 (Art. VI, Sec. 29[1J.)

Meaning of amnesty.
AJ!!J!:.'!~!~' is an act of the sovereign power .granting oblivion o~ a gen ~ral
pardon for a past offense usually granted in favor of certain classes of
persons who have committed crimes of a political character, such as t:-ea-
son, sedition, or r ebellion.

Effect of amnesty.
Amn esty abolishes a nd puts into oblivion the offense of which one is
charged, so that the person released by amnesty stands before the law
precisely as though h ~ had committed no offense. 10 (sea effects as to pardon ,
supra. )

Pardon and amnesty distinguished.

The distinctions are:
(!) P ardon is granted by the Presi dent alone after conviction, while
amnesty, with the concurrence of Congress (Sec. 19. ),.before or after convic-
tion;

5
20 R.C.L. 563; see ArU;. 36, 133. Revised Penal Code.
GEx·partf'. Garland, 4 Wall. 333.
'Art. 36, Revised P enal Code.
~22 R. C .L. 53 1.
9
20 R.C.L. 531-532; see Romero vs. Amparo, 91 Phil. 221:1.
1
L'See Barrioquinto vs. Fernande:t, 82 Ph~!. 642.
Sec. 20 ART. Vll. - EX E CCTTVE DEPARTMENT 237

(2) Pardon is an act offorgiveness, i.e ... it reli eves the offender from the
consequences of the offense, while amnesty is an act offorgetfulncss, i.e., it
pu ts into oblivion the offense of which one is charged so that the person
r eleased by amnesty stands in the eyes of the la w as if he had never
committed the offense;
(3) Pardon is granted fo r infractions of the ~ eace of the State, while
amnesty, for crimes against the sovereignty of the State (i.e ., political
offenses); and
(4) Pardon is a private act of the President which must be pleaded and
proved by the person who t;laims to have been pardoned, because the courts
take no judicial notice ti1ereof, while amnesty by proclamation of the
President with the concurrence of Congress is a public act of which the
courts will take judicial notice. 11

SEC. 20. The President may contract or guarantee foreign

loans on be half of the Republic of the Philippines with the prior
concurrence of the Monetary Board, and I'Oubject to such limita.
tions as may be provided by law. The Monetary Board shall,
within thirty days from the end of every quarter of the calendar
year, submit to the Congress a complete report of its decisions on
applications for loans to be contracted or guaranteed by the
Government or government-owned and -controlled corpora-
tions which would have the effect of increasing the foreign debt,
and containing other matters as may be provided by law.

Authority to contract and guarantee

foreign loans.
(1 ) E xclusive executive function. -The President may contract foreign
loans on behalf of the Republic of th e Philippines without t he need of prior
congressional approval. When obtained by private persons, natural or
juridical, he may guarantee such loans. There is possibly no official better
qualified to enter into such negotiation than the President. He is the
official best supplied with information as well as with executive and legis-
lative assistance to determine the advisability of obtaining loans as well as
the country's capacity for making good use of such credit. 1
(2) Concurrence of Monetary Board required. - The authority of the
Presi dent is not ab solut~. The contract or guarantee mu st he with the prior
concurrence of the Monetary Board of the Central Bank now, Bangko
Sentra.l ng Pilipinas (BSP), which is required to make a report to Congress
contai ning the matters mentioned. The prior concurrence of the Monetary
Board is required because, as the custodian of the foreign reserves of the
country, it has the expertise to determine the r eason ableness of the con-

1
' l hid.

'Del. M. Cuarderno, Sr., "The C11biner GoV\)rnment," in C.R. Montejo, supm, p. 151.
238 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 21

tract or guarantee and whether the proposed foreign loan is within the
capacity of the country to pay. The report will guide Congress in the
enactment of whatever legislation it may deem necessary to protect the
national interest.
In the past, huge foreign loans were contracted or guaranteed by the
government even against the advice of the Monetary Board with disastrous
consequences to the economy. Many domestic private firms with borrow-
ings from overseas sources heavily backed up by government guarantees
defaulted on their obligations. 2
(3) Checks by Congress. -The reasons for not requiring congressional
approval for foreign loans are: first , the loans urgently needed by the
country may no longer be available when concurrence which usually takes
some time is finally obtained, and second, an obstructionist Congress could
withhold approval for political reasons.
However, as a check on executive power, Congress may, by law, place
limitations on its exercise (Sec. 20; Art. XII, Sec. 21.) and make the neces -
sary investigations in aid of legislation (see Art. VI , Sec. 21. ) if it believes
that the borrowing based Ofl the Monetary Board report is not justified. It
has the power to determine the organization and composition of the Mon-
etary Board. (see Ibid., Sec. 20.) Furthermore, an appropriations law is
needed to pay out of the treasury a foreign loan. (see Art. VI , Sec. 29f ll.)
l:{~te ti:t_at s~~~iO)) 20 . spe~~~ - only o(.f~r~i_g~ _l'?a ns. With re_§.P.~ft tt:'
9.2!!1_~st.~c -~<?~!l.~~...~he__p_r!_qr_~()~~W:!~.I1c:;~QUhe..Mo.J !etan:. Board is not n.e.<;~..s­
~¥ unless .re.quired..by.law.

SEC. 21. No treaty or international a&P'eement shall be valid

and effective unless concurred in by at lel:\~Uwo··thirds. of all the
Members of the Senate.

Meaning of treaty.
A!!.~ may be defined as a compact made between two or more states,
including international organizations of states, intended to create binding
r ights and obligations upon the parties thereto. Thus, a treaty may be
bilateral or multilateral. It is also known as. a pact. convention, or...cha.ct.er. ,

Distinguished from international agreement

and executive agreement.
The phrase "or international agreement" has been inserted in order to
preclude any ambiguity in view of the technical meaning that the word
"treaty" has acquired in contemporary international law "as an interna-

2It has heen claim t'd that about 112 of the more than $26 billion debt t hen of the

Philippine!" wa~ (;O!"It ractcd through the initiutive of President Marcos. Now, the President
cannot borrow or g ua:·antce loans at will.
Sec. 22 ART. Vll . -- EXECUTIVE DEPARTMENT 239

t iona] agreement between states." This definition excludes agreements

entered into between states and international or ganizations. Hence, the
need to introduce the phrase as among those requiring the concurrence of
th e Senate. 1
However, the phnu;e does not cover executive agreements 2 which have
been traditionally recognized in t.he Philippines to be well within the
prerogative of the President to make without need for legis lative concur-
rence. In the Philippines, t h e amen dment ~ to th e 1.947 U.S.-Philippine
Military Bases Agreem ent. were f'ffected by mean s of a~ executive agree-
m ent . ~ ~xecutive agreements , however. serve a ul:leful purpose and our
courts 'recogni7.e th e power of the President to enter into them without
Senate concurrence. 3

Steps in treaty-making.
There are two general steps in the entire treaty-making process, namely:
( 1 ) N egotiation.- In th e field of initiation and negotiation, the Presi-
dent a lone has the sole authority. The reason is that secrecy, dispatch,
caution, continuity, and a ccess to information ·are essential ingredients in
t h is task which the President alone possesses. Confidential information
a r e passed and premature di sdosures may not only cause serious embar-
rassment. but may likewise imperil the successful accomplishment of the
n<.:got iations;·1 and
(2) Approval or ratification. - As a general rule, no treaty or interna-
tional agreement shall be valid and effective unless concurred in by at lea.st
2/3 of a ll the members of the Senate. This is only logical, treaties and'
international agreements being part of the law of th e land and they affe<"t
our international relations, pei ng in the nature of a contract between the
parties.

SEC. 22. The President shall submit to the Congress within

thirty days from the opening of every regular session, as the
basis of the general approp1·iations bill, a budget of expendi·
tures and sources of financing, including receipts from existing
and proposed revenue measures.

aM.~9§.~~ry PO~~:V~r 91 1h.~.P.L~~!dJ.mJ.~

The President is e;ntrusted by t he Constitution with the task of-prepa r -
ing t he budget of receipts a nd expendit ures based on ex isti ng a nd proposed
r evenue m easures and other sources of fi nan cing ie.g .. loans) and of sub-

'198o UPL Constituuun R~ vi ~i on J'rc]cct, Exccuti,·t- Depnrtment, p. 34.

~As to the making of executive agreement, sec Anic!e VIII, Section 4f2).
')1970 l:PLC Constitution Rt-vision Project, p. 459.
•sec N.A. Gonzales. rJp. cit ., p. 331.
240 TEXTBOOK ON THE PHILIPPINE CONSTITUTION s~c. 23

mitting it to Congress within thirty (30) days from the opening of each
regular session. (see Art. VI, Sec. 15.) The budget t hus submitted sh ;·ill be
the basis of the general appropriations act to be enacted by the CoP.gress
for the followi ng year. 1 (]bid., Sees. 24, 25.)
The constitutional mandate requiring Congress to consider first the
budget reverses the practice of the old Congress which yearly took up the
budget not at the beginning but at the end of the legislative year.

SEC. 23. The President shall address the Congress at the

opening of its regular session. He may also appear before it at
any other time.

Prerogative to address and appear

before Congress.
This provision furnishes an opportunity on the part of th~ Presiden t at
the opening of the r egular session of Congress (see Art. VI, Sec. 15.) to give
information on the "state of the nation" and to recommend to the considera-
tion of the legislative body such measures as he may deem necessary and
proper. Such measures are, of course, merely propoJ.als. They have no
binding effect until enacted by the Congress. The address may also contain
guidelines of national policy.
The President may appear before Congress at any other time he may
choose after the opening of its regular session .

-oOo -

1As to mt!lming of"budge t.,'' "appropriatio ns bill," etc .. see Article Vl. Sections 24 and 25.
 \

Article VIII
.f.!-~DICIAL DEPARTMENT -fc,~{~ --\L- rot<vpr-{.. t
l~~.:.~.
,i

SECTION 1. The judicial power shall be V€'sted in one Su-

preme 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 conb·oversies involving rights whi<:h are legally
demandable and enforceable, and to detet-min€' whethe1· or not
there bas been a grave abuse of discretion amounting to lack or
excess ofjurisdiction on the part of any branch or instrumental-
ity of the Governm€'nt.

Meaning of judicial power.

Judicial ppUJ~r is the power to apply the laws to contests or disputes
concerning legally recognized rights OJ' duties between the State and pri-
vate persons, or between individual litigants in cases properly brought
before the judicial tribunals. 1

Scope...ot;.udic.ial.pnwer.
(1) .d!_lju_(]_(c;at~lfY-Jl1.lli~I!.I- - It includes the duty of courts of justice:

-
(crl to settle actual controversies involving rights which are legally
demandable and enforceable; and
·- -
to determine whether there has been a grave abuse of discretion
(.b)
amounting to lack or excess of jurisdiction finfra.J on the part of any
branch or instrumentality of the government. (Sec. L par. 2.'1
To be legally demandable and enforceable in courlR, rights m11st he
.d!:l.ri~ from law. (e.g .. right of wife to recei\'e support from her husband) or
,remgnized.A¥.-law (e.g., rjght of cr~ditor to collect indebtednt>!'is of debtor
under a contract of loan). G.r.aU£..!lhJJ.J:;tLaf-..dis.CL~et.imJ, as used above, has
?een judiciall_y def\ned to ·~ean "w.u:lu;~p:r.jcious ~nd _a:rbitra_ry_:~~rc~seof
.J.P.sigment a~ Js equivalent. m the. eyes cl tllil.law,.. to la{;k of Junsdktwn:' 2
\ha,t i§,J(I.ck vf autllllrity. t.o..act Qn..the matter in di.sput~.

See BhJck, Ciln.-1 it.ut i rm ~i I Law. 2nd ~o-d .. p. 8~.

1

~Palmaan1l Tgn<H:i(• \"<;. ~ & S. Inc .. 17 SCRA :~1 \In\ 19, 19(H)

:241
242 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 1

fow,not even the President or Congress can escape judicial scrutiny

when facing complaints of great indiscretion or abuse of authority (e.g.,
arrest and detention of persons without charges; declaration of martial law
without suffici ent factual basis) by invoking the political nature of their
acts or pronouncements. (infra.)
(2) PQWt?r...ofjudi(:f:g,Jr,ey f!!U!.: - It also includes the power:
\,a) to pass upon the validity or constitutionality of the Ia ws of the
State and the acts of the other departments of the government (see Sec.
4f2J. );
(.b) to interpret them; and
( ll) to render binding judgmcnts. 3

(3) lr.t:~.i.cJe!liG.:(.P_O..l:£.~~· - It likewise includes the incidental powers

necessary to the effective discharge of the judicial functions such as the
power to punish persons ~djud ged in contempt. (see note 1 under Art. VI,
Sec. 22, supra. )

Giving of advisory opinions

not a judicial function.
(1) A./J.mc.ti..o.l:l... Q[.e~ecutiv~.Q{fic.iaU..- The judiciary is entrusted by the
Constitution with the function of deciding actual cases and controversies.
It cannot be required by law to exercise any power or to perform any duty
not pertaining t.o, or connected with, the administration of judicial func-
tions.4 It is not its function to give advisory opinions. (see Sec. 12.) It is a
function of executive officials.
(2) J!_o~:trinf! of:separq~fon._.!_JfP.2.W.er~: -This doctrine callR for the oth'}r
departments being left alone to discharge their duties as they see fit. The
President and Congress are not bound to seck the advice of the J udiciary a s
to what to do or not to do. It is ~ prerequi site that something had been
accomplished or performed by either of them before a court may enter into
the picture. At such time, it may par.s on the validity of what was done but
only when propedy challenged in an appropriate legal proceedi ng:~
(3) Pe[Ld_(}!lf;:Y_o[ma[J-~. ac~y.~!._c.c:.ses. - Furt hermore, with so many cases
pending in courts wherein there is an actual and antagonistic assertion
between the parties, it would not serve public interest at all if on hypo-
thetical questions or m atters their time and atte ntion would still have to be
devoted. 6

3 Black,supra., op. cit., p. 82.

•Noblejas vs. Teehankee, L-28790, April 29, 1968.
6'fan vs. Macapagal, L-34161, Feb. 29, 1972; Plana.!; v:;. Gil, fi7 Phil. 62.
6
Serrano vs. Amorcs, L-34370, ,Jan. 17, 1975.
Sec. 1 ART. Vlll. - ,JUDICIAL DEPARTMENT 243

Judicial power vested in one Supreme Court

and in iower courts.
Judicial power, under the Constitution , is "vested in one Supreme
Court and in s uch lower courts as may be established by law." (Sec. 1.) The
judiciary composed ofthe courts is one ofthe three main divisjons of power
in our government. As the highest court of the land, the decisions of the
Supreme Court are binding on all lower tribunals.
(1) Classification of court8. - Under the provisirm, only the Supreme
Court is a .fQnsJ.itJ.i.ti.OB.al ..s:.WJr:J. in the sense of being a creation of the
Constitution. All other cour ts, including the Sandiganbayan (see Art. XI.
Sec. 4. ), ar~a.~rJ.Jory c.ourt.s,).n the sense that they are creations of law.
They are referred to as lower courts in the Constitution, meaning courts
below that of the Supreme Court.
(2) Creation and abolition of courts by Congress. - In the exercise of
its legislative power ,J(:ongress may 3bolish any or all lower courts and
replace them with other courts subject to t he limitation that the reorgani-
zation shall not undermine security of tenure. (Sec. 2, par. 2. ) It cannot,
however, abolish the Supreme Court; neither can i.t create an additional
Supreme Court because the Constitution provides for only "on~....S.\!J).r.eme
CQ!,.U:t.~. Neither can it abolish the Sandiganbayan because its existence is
constitutionally recognized although Congress, in th e exerc;se of its legis-
lative power, may determine its functions and jurisdiction. (see Art. XI,
Sec. 4. )

Organization of courts.

( O...Bcgylq'.:__£9..Y::~_s . - Th e Philippine judicial system consists of a

hierarchy of courts r esembling a pyramid with the Supreme Court at the
apex. Under t he Judiciary Reorganization Act of 1980 (as amended), t he
other courts are:
(a) A Court of Appeals with 69 'Justices headed by a Presiding
Justice which operates in23' divisions each comprising three (3) mem-
bers. The Court sits en b~nc only to exercise administrative, .ceremo-
nial, or other non-adjudicatory functions;
(b) A Regionai 'rrial Court presided bx_ 720 Regional Trial Judges in
each of the thirteen (13") regions of the country; and
(c) A Metropolitan Trial Court in each Metropolitan area estab-
lished by law; a Municipal Trial Court in every city not forming part of
a metropolitan area and in each of the municipalities not comprised
within a metropolitan area and a municipal circuit; and a Municipal
Circuit 'l'ri.al Cout·t in each area defined as a municipal circuit compris-
ing one or more cities and/or one or more municipalities grouped to-
gether accvrding to law.
244 TEXTBOOK ON T HE l'HfiAPPINE CONSTITUTION Sec. 1

A court may consist of several branches.

(2) Bpe.cia.l cour.ts.; -- Aside from the regular courts, there are under
present laws special courts:
(a) The 8andil{_a1Jllqyan £:with 14 justices a nd a. Presiding Justice)
which operates in five (5) divisions each comprising three {3) members,
was created by Presidential Decree No. 1606 pursuant to the mandate
of the 1973 Con stituti on .~ IL"shall continue to function a nd exercise its
j urisdiction" a!) provided in sai d decree or as may be provided by a
suhsequent law. (see Art. XI. Sec. 5. l
fb l T~e Cnu rt n{ Tq:r Appeo.(.s. (with five justices and a Presiding
justice) was. created under Republic Act No. 1125, as am~ded by R.A.
No. 9282, which has exclusive appellate jurisdiction to review on ap-
peal, among others, decisions of the CommisRione r of Internal Revenue
involving internal revenue taxes and deciBions of t he Commissioner of
Customs involving customs duties.

Quasi-judicial agencies .
Administrative bodies under the executive branch per forming quasi-
judi c ial~
functions, like the National Labor Relat-ions Comm ission, th e
Employees' Compensation Commission, the Securities and Exchange Com-
miRsion, the Insurance Commission, etc., and the independent Constitu-
tional Commission!5 do not form part of the integrated judicial system.
The same thing may be said of courts-martial. They are agencies of
executive character. The a uthori ty for the ordering of courts-martial per-
tains to the President as Commander -in-Chief of the Armed Forces of the
Philippines independently of legislation to aid him in properly command-
ing the Armed Forces a nd e nforcing discipline. 10

Importance of the judiciary.

The courts perform a crucial function in society.
( ll (.'o_n[icJen£.~•.ifl_fhe..fJi..r:.t.rJj!J.. an.cJ_€J!e'l. admi_rJ:i$t,T:gtjp_r;_g[ justic;_(}. - In
the language of Lord Bryce:
"Nothing more clearly touches the welfare a nd security of the av er~
age citizen than his sense that he can rely on the certain and prompt
admin istration of justice. Law is respected and supported when it is
trusted as the ::;hield of innocence and the in;tpartial guardian of every

=Pr~sident.ial Decree No. 108:3 I.J<'t>b. 4, 19?7}, otherwise known as the "Code of Muslim
Per~onal Law>< of tht> Philippine~." created os part of th e judicial system, courts of limited
juri>'<didion known a:': 8hari'a District Co urts presided by District .fudges enjoying tlH! same
privileges a;; ,Judges of Regional T:-ial Courts and Shnri'a Circuit Courts presided by Circuit
Judges enjoying the ~arne privilege!\ as ,Judges of Municipal Cin:uit Courts with jurisdiction
over all cases arising unde r t he Code. (see Sees. ~:n - 159 the reof.)
RSee Article XIII . Sect.ion 5 th<l renf.
~" is ..a.La.tin ..t.c rm..wtikh means.~in_<:JUI..a.i.Ju~ ...
10
Ruffy vs. Chief of Staff. 43 O.G. 855.
s~c. 1 ART. VTJl . - ,HJD£CIAL DEPARTMENT 245

private civil right. x x x But if the law be dishonestly administered, the

salt has lost its savour; if it be weakly or unfaithfully enforced, the
guarantees of order fail , for it is more by the certainty than by the
severity of punishment that offenses are repressed . If the lamp of
justice goes out in darkness, how great is that darkne8s. " 11
( 2) .£.r.~S.e.r.:v..ntiQ!1Jt.[Jhe governmkt. --- According to Chancellor James
Kent:
"Where there is no judicial department to int.crprP.t and execut.e the
law, to decide controversies, a nd to enforce right!'!, th e government
must either perish by its own imbec.:ility or the other departments of
government must usurp powers for the purpose of commanding obedi-
ence, to the destruction of liberty." 12
(3) B.e.spet;t.fo_r_:_.lg_w _g_'1¢_f!rs!.f.~· - - In the words of Mr. Justice Arthur
Vande1·bilt:
"It is in the courts and not in the legi slature that our citizens
primarily feel the keen cutting edge of the law. If they have respect for
the work of t he courts, thei r respect fo r law will survive t he shortcom-
ings of a ny other bran ch of the government; bul if they lose their
respect for the wor k of the courts, their respect for law and order will
banish with it to the great detriment of society." 13

Independence of the judiciary.

(1) ..\lain constitutional provisionr; safeguarding judicial independence.
- In a democracy, the courts enjoy independence, that is, they are free to
perform their functions without interference from the executive or legisla-
tive bra nch of the government. 14 For a government of law and not of men
ca n be assured only by a judiciary that is independent and free , passion-
ately devoted to the impar tial admir.istration of justice. This being true,
the Constitution secures, in a number of ways, the independence of the
judiciary, to wit:
(~ Congress may not deprive the Supreme Cour t of the constitu-
tional powers granted to it (Sees. 2, 5.);
(b) Congress cannot prescribe the manner in which the Supreme
Court should sit, and determine the number of Ju~tices composing the
court (Sec. 4[11.);
(c) The Supreme Court is given the authority to appoint all officials
and empl oyees of t he judiciary {Sec. 5[61.);

11Modern Democracies, Vol. 2, p. 384.

12Cited in G ..l". Zaide . .~upra , p. 142.
1 3Th~ Challenge of Law Reform, pp. 4-5 lpamphlei}.

14
True judicial independence implies indepcndt>m:t> not only from the other branches of
the government but also from any other ins titution, organization, or person. It is also
essentia l that cou rts are not infl uenced by the vagaries of public opinion or sentiment nor
!!WIIyed by any pressure from interelit groups.
246 TEXTBOOK ON THI-: PHILlPPTNE CONSTTTUTION Sec. 2

(A) The members of the Supreme Court and judges of lower courts
enjoy security of tenure (Sec. 11. );
(e) Their salaries cannot be decreased du1·ing their continuance in
office (Sec. 10.);
(() The members of the Supreme Court can only be removed through
the difficult process of impeachment (Art. XI, Sec. 2.); and
(g) The judiciary enjoys fiscal autonomy. (Sec. 3.)
(2) Other constitutional provisions. - The constitutional policy of an
independent judiciary is further strengthened by the provisions transfer-
ring (from the Department of Justice I to the Supreme Court the adminis·
trative supervision over all courts and the personnel then~of (Sec. 6.) and
the authority to assign temporarily judges of lower courts to other stations
as the public interest may require (Sec. 5l3J.), and the provision giving
specific authorization to the Supreme Court to order a change of venue or
place of trial to avoid a miscarriage of justice. I. Sec. 5l4J.) The prohibition
against members of Congress personally appearing as counsel before any
court (Art. VI, Sec. 14.), while designed to shield them from corruption,
works equally to promote the independence of the courts.
In the final analysis, every judge sets the threshold of his own inde-
pendence. No constitution can do that for him if he does not possess the
strength of character expected of those appointed to the bench. (see Sec. 7 .)
(3) Criticism of courts. -The courts are not !:leyond criticism because
of the constitutional guarantee of freedom of expression. (Art. III, Sec. 4.)
But criticism should be fair and constructive and based on facts. Irrespon-
sible criticism also tends to erode the faith of the people in the administra-
tion of justice. Respect of the people for the courts is the only sure guaran-
tee for their stability and permanence. 1"

SEC. 2. The Congress shall have the power to define, pre-

scribe, and apportion the jurisdiction of the various courts but
may not deprive the Supreme Court of its jurisdiction over. cases
enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its Members.

Power to apportion jurisdiction of various courts ·

vested in Congress.
The power to define, presc1·jbe, and apportion the jurisdiction of the
various courts is vested by the Constitution in Congress. However, there
are three (3) limitations to the exercise of this power. namely:

16 Andres vs. Cabrera, 94 SCRA 512, Dec. 14, 19i9.

S~<;. 9 ART. Vlii.- JUDICIAL DEPARTMENT 247

(1 ) The Congress cannot diminish or otherwise impair the original and

appellate jurisdiction of the Supreme Court over cases enumerated in
Section 5 (infra.);
(2) No law shall be passed r eorganizing the judiciary when it under-
mines security of tenure guaranteed in Section 11; and
(3) ·No law shall be passed increasing the appellate jurisdiction of the
Supreme Court without its advice and concurrence. (Art. VI, Sec. 30.)

Jurisdiction of courts.
Jurisdi(:tio!J. is the power and authority of a court to hear , try, and
decide a case. It may be:
(1) ..Ge.acraJ. --when it is empowered to decide all disputes which may
come before it except those assigned to other courts (e.g., jurisdiction of the
Regional Trial Courts);
(2)_I,Arn:itecj_, - when it has authority to hear and determine only a few
specified cases (e.g., jurisdiction of special courts, supra.);
(3), Orig~TJ:.g,.l. - wh en it can try and decide a case presented for t he first
time;
(4 ) gpp~t.lr£tg_.- when it can take a case already h eard and decided by a
lower court removed from the latter by appeal;
(5) .E.~r;.Zu..ff.i_l!e. - when it can try and decide a case which cannot be
presented before any othe1· court;
(6) Concurrent. - when any one of two or mol'e co urts may take
cognizance-or-a case;
(7) CLimi.rt.fl<l. - that which exist s fo r the punishment of crime; and
(8) (;j~~- that which exists when the s ubject matter is not .of a
criminaT nature (e.g., collection of debt).

SEC. 3. The Judiciary shall enjoy fiscal autonomy. Appro·

priations for the Judiciary may not be reduced by the legislature
below the amount appropriated for the previous year and, after
approval, shall be automatically and regularly released.

Fiscal autonomy.
Section 3 seeks t o further insure the independence of the j udi ciary. 'l'he
appropriations for the judiciary may not be reduced as provided above but
they may be increased. The Constitution takes into account the fact that
the administration of justice, in the past, has always been at the bottom
list of priorities in government budgetary appropriations. The prohibition
again st reduction by Congress of the appropriations for the judiciary below
the amounts appropriated for the previous year assures, at least, that the
minimal funding requirements of the judiciary will be met.
248 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.4

After approval, the appropriations shall be automatically and regularly

released, thus making it financially independent, without having to plead
to the President or budget officials for their release.

SEC. 4. (1) The Supreme Court shall be composed of a Chief

Justice and fourteen Associate Justices. It may sit en bane or in
its discretion, in divisions of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the occurrence
thereof.
(2) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall be
heard by the Supreme Court en bane, and all other cases which
under the Rules of Court are t•equired to be heard en bane,
including those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, in·
structions, ordinances, and other regulations, shall be decided
with the concurrence of a majority of the Members who actually
took part in the deliberations on the issues in the case and voted
thereon.
(3) Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the Members who
actually took part in the deliberations on the issues in the case
and voted thereon, and in no case, without the concurrence of at
least th.t:e.e~~b_M~JP.!mn. When the required number is not
obtained, the case shall be decided en bane: Provided, That..no
.sl2~tti._ne or principl~_<?.t:.~~~_)~i-~-~~~!1-_hY.t.h.e. ~~!1-~.t~-~-d~!§i«m
l~,ll~e.~_ed ~n bane .4?.1:" i!l, __(iiyi.~ie>R.m~y_Q~__m.Q~ifl~d.orHre.versed
~~E:Pt by th.e. co\lT.t.mting.m ban.c-1

Composition of the Supreme Court.

The new Constitution retained the membership of the Supreme Court
of fifteenJ15) me~.Qers including the _Chief Justice under the 1973 Charter
(Sec. 4[1].) to cope with the continuing increase in the number of cases
brought about by a growing population.
The Constitution requires any vacancy to be filled within ninety (90)
days from the occurrence thereof. In the past, vacancies in the Supreme
Court sometimes remain unfilled for a 1ong time. Even when the member-
ship of the Court was fixed at fifteen ( 15), it was seldom constituted.

Sitting procedure.
The Supreme Court may sit and hear casesilll.b..f£nc (i.e., as one body) or
in divisions of three <:U, five (5), or seven (Jj membe?s:'{Sec. 4r1D)t is now
the Supreme Court that decides whether or not it will sit in divisions.
Sec. 4 ART. VIII. -JUDICIAL DEPART:I-1ENT 249

On t he basis of fifteen (15 ) members, the number of divisions will be

five (5), composed ofthree f3 ) members each; three (3), composed of five (5)
m embers each; or two (2), meeting separately. In case of two (2) division8,
there wilJ be eight (8) members including the Chief Justice in one division,
and seven (7) in the other. The different sizes of the divisions would
indicate the relative importance of the case being heard.
By sitting in divisions , the Supreme Court increases its capacity to
dispose of cases pending before it. The decision of a divi sion is the decision
of the Supreme Court itself. Although a doct rine or principle of law ren-
der ed en bane or in division may be modified or reversed only by the court
sitting en bane (Sec. 4(3).), there is always the possibility that each of the
three (3) divisions may render inconsistent decisions.

Cases to be heard or decided en bane

and vote required.
They are:
(j) All cases involving the constitutionality of a treaty, international or
executive agreement, or law (statute) shall always be heard and decided by
t h e Supreme Court en bane. To declare a treaty, international or executive
agreement, or law, unconstitutional, the ~o_nctJ..r.r.!:!n~(L.Qf..i! maiori.ty Qf th.e.
.Jrle.IJl.b.~§- who actually _took pa.rJ....i.nJh.~u;leliberatio.n~Q. th.eJ.s~_j.n.Jhe.
.case .and..Jlaie.d..the.re.on is. requiri.d. (Sec. 4[2].) When the necessary major-
ity cannot be had, its constitutionality shall be deemed upheld.
The quorum of toe Supreme Court when sitting en bane is eight (f?J.
H ence, the votes of five C9J are sufficient for rendering a decision on ~li
cases required to be heard en bane provided they actually took part in the
deliberations on the issues in th e case;
(2) All other cases including those involving the co~titutionality, ap-
plicat ion or operation of president ial decrees, proclamation s, orders, in-
structions, ordinances and other regulations which under the rules of court
are r equired to be heard en bane shall be decided with the concurrence also
of the ?umber provided above (Ibid.);
(8") In administrative cases where the decision is for the dismissal of a
judge of a lower court, the same majority vote is necessary to order such
dismi ~sa l (see Sec. 11, infra.);

(4) Cases heard by a aivision shall be decided or resolved with the

concurrence likewise of t he same majority of the m ember s who are at least
three (3) in number but if such required number is not obtai ned, the case
shall be decided en bane (Sec. 4[3).); and
(_5) Cases modifying or r eversing a doctrine or principle ..of layv laid
down by the Court in a decision rendered en bane or in division shall be
decided by the Court sitting en bane. (!bid.)
250 TEXTBOOK ON THE PHILIPPINE CONSTITL'TION Sec. 4

Meaning of executive agreement.

An .e.~gcutjve agreem.~ is an agreement entered into by the President
on behalf of the Philippines with the government of another country and is
effective and binding upon the Philippines even without the concurrence of
Congress. 1
The line between such agreement and a treaty (see Art. VII, Sec. 21,
supra.) is not easily defined although it may be generally said that the
former deals usually with routine matters not thought to require the
formality of a treaty. 2 From the point of view of internationallaw,3 there is
no difference between treaties and executive agreements in their binding
effect upon the states concerned.

Classes of executive agreements.

Executive agreements may be classified into two groups, namely:
( 1) Those ma.ckp,ure.l~ as...exec_utive acts affecting external relations and
independent of legislative authorization. 'fhey are used in the settlement
of pecuniary claims of citizens against foreign countries for violation of
rights protected by treaties or by rules of international law; and
(2) 'I.hQ§...e_ ~.!':terl!.cl. _i'.tto_j_n_pJ.~rsuqnc~_!2LQcts 9LJ;ongres§_. They affect
internal affairs and domestic rightg_ They include tariff and postal ar-
rangements, visa fees, commercial relations, and matters affecting trade-
marks and copyrights, and the like. An example is the executive agreement
entere::l into between the President of the Philippines and the President of
the U-nited States on July 4, 1941, known as the Bell Trade Agreement
which was entered pursuant to a congressional acL 4

Meaning of power of !udicial review.

The power of.iJJ£l.k-_iq,lJ.'(!.Ei.f.?:Y is the power of the courts, ultimately of the
Supreme Court, to interpret the Constitution and to declare any legislative
or executive act invalid because i'i: is in conflict with the fundamental law.
This authority is derived by clear implication from the provisions of Sel~­
tions 4(2, 3) and 5(2, a, b), Article VIII of the Constitution.
Through such power, the judiciary, the Supreme Court partiCularly,
enforces a~d upholds the rule of law and supremacy of the Constitution. It
is because the courts are the official (but not necessarily the only) inter-
preters of th~· Constitution that a study of 0ur Constitution is, in large
measure, a study of judicial decisions and opinions on the meaning and
application of its provisions.

'This is debatable. (see Article VII, Sec. 2l.J

2The 1947 R.P.-U.S. Military Bases Agreement was merely an executive agreement. (see
A1·t. XVIII, Sec. 25.}
"As to meaning of international agreement, ~ee Article VII, Section 21.
•See V.G. Sinco, op. cit., p. 296. The act i.;; Commonwealth Act No. 733.
 Sec. 4 ART. VIU. -,JUDICIAL DEPARTMENT 251

The power of judicial review now includes "the duty 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." (Sec. 1, par. 2.) This is true although the question before
the court may be political in character, which ordinarily cannot be inquired
into by the courts. (infra.)

Limitations on exercise of power

of judicial review.
Iu. ..~§.~s involviqgJb.~..~on~Jj~_l!tiopalitY..Qf.~'f_!:l_a_ty..~ _]avv_,_p_l~~~ig_~~~i<:l!.
.P.ecr~_e, .~.tc.J .th~_U!l}!~~lions ar~~
0) There must be a concurrence of at least a majority of the members
who actually took part in the deliberations on the issues in the case and
voted thereon (Sec 4[2, 3].);
·. (~)A law, @must be sustained unless clearly repugnant to the
Constitution in view of the presumption of validity. Jn other words, when
there are two possible interpretations, by one of which a statute would be
unconstitutional, and by the other would be valid, the court should adopt
the latter;5
(;}''(The question of.wisdom, propriety, or necessity of a law, etc., is not
open to determination by the court;6 and
(4) Political questions are generally addressed to the political (i.e.,
elective) branches (namely, the President and Congress) of the government
and are, therefore, notjusticiable. 7
.._- .. - . :_

Justiciable question distinguishe41

from political question.
A justiciable questio'f] is one which affects personal or property rights
accorded to every member of the community in cases properly brought
before the judical tribunals. It is one which is proper to be examined or
decided in courts of justice because its determination would not invol\'e an
encroachment upon the legislative or executive power.
Thus, issues concerning the claim of a person against another. the guilt
or liability of one accused of violation of law, the powers of a government
agency or office, the right of a citizen in relation to the government, and
generally those involving the interpretation oflaws, treaties, or the Consti-
tution, are essentially within the competence of courts to pass upon.

:.chippewa Indiana vs. U.S., 301 U.S. 358.

6 See U.S. vs. Ten Yu, 24 Phil. 40.
7
-The C....Q.~~i.~~-~!•m,however, CX_£!'_~~~lY. confers upon tl}e_?~reme Cou.rt the eower to
dechu:e.a....u·~Jl,Il£onstjtutional dcspite..the..eminently pplitical char~:ot.i-.r.~~ti:;rii~-ki~i
(Sec. 4(2].) and..to. determine_w,b.e~or..not.ther.e.has been a graye abuse ofdis~:retiQO Qn th.e.
p<.~rtQf.1hc..P.n.ai.~r...kQngr~ (Sec. I, par. 2.1
252 TEXTBOOK ON TH E PHIL£PPINF. CONSTITUTION Sec. 5

A P..Olitical question, on the other hand, is one which, under the Consti-
tuti on;-<'fs- i;"be d;cid~d by th e people in their sovereign capacity, or in
regard to which full discreti onary authori ty h as been delegated to the
legislative or executive branch of the government." The term connotes a
question of policy in matters concerning the government of the State as a
body politic. It is concerned with issues dependent upon the wisdom, not
the validity or legality, 'of a pai.'ticular measure or a contested act. 8
. For example, the :Supreme Court cannot inquire into the reason for the
expulsion uf a member of Congress, or determine what constitutes disor-
derly behavior by a membcr9 (Art. VI, Sec. 16131.) or pass upon th e question
a s to who h as been elected Senate President or Speaker of t h e H ouse of
Representat.ives 10 {Sec. 16[ l l l because the Constitution has conferred ju-
risdiction upon the matter to Congress itself. The matter of whe ther 0r not
the holding of a referendum is unnecessary has been held to be a political
question, involving as it does the wisdom of the decision of the political
branch of the government to cal l for a referendum.U
But if t h e cont roversy involves the issu e of whether or not th ere has
been a grave abuse of di~cretion a mounting to lack or excess of jurisdiction
on the part of a ny branch or instrumentality of the government, m· viola-
tion of constitu tional limitations on power, the same may be heard by the
courts. (see Sec. 1, par. 2.)

SEC. 5. The Supreme Court shall h ave the following powers:

(1 ) Exe rcise origina l jurisdiction over cases affecting am-
bassadors, other public ministers and consul~, and over peti-
tions for certiorari, prohibition, mll.ndamus, quo warranto, and
habeas corpus.
(2) Review, revise, r ever se, modify, or affirm on appeal or
certiorari as the law or the Rules of Court may provide, final
judgme n ts and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any
treaty, inte rnational or e xecutive agreement, law, presidential
decree, proclamation, orde r, instruction, ordinance, or regula-
tion is in q uestion.
(b) All ca~es involving the legality of a n y tax, impost, assess-
ment, or toll, or any p enalty imposed in r elat ion thereto.
(c) All cases in which the jurisdiction of any lower court is
in issue.

&fanada vs. Cuenco, 103 Phil. 105 1; sec .Ja vell11na vs. Executive Secretary, et al., L-
36142. March :31 , l973.
'>St>e Osmeria vs. P end atun , L-17144, Oct. 2fl, 1962.
1
'' Avelino vs. Cuenco. 83 Phil. J7.
"De La Llan1:1 vs. COMELEC, L-47:245, Dec. 9. 1977 ..;
St~c. fi ART. V1/l. - JUl>lCIAL DF,PARTMENT 253

(d) All criminal cases in which the penalty imposed is reclu-

sion perpetua or higher.
(e) All cases in which only an error or question of law is
involved.
(3) Assign temporarily judges of lower courts to other s t a·
tions as public interest may require. Suc h temporary assign·
ment shall n ot exceed six m onths without t h e consent of the
judge concer ned .
(4) Orde r a change of ve nue or place of tria l to avoid a
mis carriage of justice.
(5} Promulgate rules concerning the protection and en-
forcement of constitutional rights, pleading, pradice, and pro-
cedure in all courts, the admission to the practice of law, the
Integrated Ba r , and legal assistance to the u nderprivileged.
Such rules sh all provide a simplified and inexp e n sive procedure
for the s p eedy dis posit ion of cases, shall be uniform for all courts
of the same grad e, and s h a ll not diminish, increase, or modify
substantive r ights. Rules of procedure of s pecial courts a nd
quasi·judicia l bodies shall r emain effective unless disapproved
by the Supre m e Court.
(6) Appoint all officials and employees of the Judiciary in
accordance with the Civ il Ser vice Law.

Original jurisdiction of Supreme Court over

cases affecting ambassadors, etc.
The words "ambassadors, other public ministe rs a nd consuls" include
all possible diplomatic agents which a ny foreign power may accr edit to
a nother state.1 They refer, t herefore, to those of a foreign country, and not
thos e of the Philippines. The origi na l jurisdiction conferred is concurrent
(sup ra. ) with th at of Regional 1'ria l Courts whose decis ions m ~y be ap-
peale d to the Supreme Court.2
As a rule, ambassador§and othe[.J2J,!blic mini st~rs a re exempt from the
jurisdiction of tribunals of the country to which t,h ey are accredited. T his is
based on the principle of i nternationallaw that they a re con~idered exten-
s ions of the sovereignty of the states which thty r epresent . .1\....c.o.o.sul,
h o wey_~E.Lis .n. o~. ~~-~i~k~ ..0~ ~:t~_priy.H~..K~~ anrl.i.!!!.Qlhl.n.~.U~~.Qf an ambass.~,slor
~ r . minj,ste.r . a.n.c;!. ~.~ .. §.\,l.bj~~ t ~9 . -~h.e. Ja.J~:->. o~ tl:t~ co~ n~ ry _~o whi~h. h~_j_s ,
P,;~cr~_d!ted. A ~9.1J.§!Y.U h~~J. i.~?. Q<J.!:..~.~~EJ....l? tfr~!!l._c.:r:.i n .1i naJ..P.rosecuti on.
3

1 U.S.C.A ., Cot\!\t. Pa rt 2, p. 235. d t.i ng 70 Op. Atty. Gen. U.S . 20U.

2 See Schnekenhergcr vs. Moran, 62 Phil. 429.
3 lbid.
254 TEXTBOOK ON THE PHrLIPPJNE CONSTITUTION Sec. 5

Origir1al jurisdiction of Supreme Court

over petitions for certiorari, etc.
The Supreme Court exercises original jurisdiction over petitions for the
issuance of writs of certiorari, prohibition, manda mus, quo warranto, and
habeas corpus. 4
It has original and exclusive jurisdiction (supra.) over petitions for the
issuance of writ of certiorari, prohibition, and mandamus against the
Court of Appe al s.~
(1) Cer.~iQr.arJ. -(as a special civil action, not as a means of elevating an
appeal, infra.) It is a writ issued from a superior court (Supreme Court, Court
of Appeals, or Regional Trial Court) requiring a lower court or a board, or
officer exercising judicial functions to transmit the records of a case to the
superior court for purposes of review. It will lie when such tribunal, etc., has
acted without or in excess of its or his jurisdiction, or with grave abuse of
discretion, and appeal or any other remedy is not available to the aggrieved
party.6
(2) Pro.h.i,p~ti_on,, - I t is a writ by which a superior court commands a
lower court or a corporation, board or person acting without or in excess of
its or his jurisdiction, or with grave abuse of discretion, to desist from
further proceedings in an action or matter. It will lie only when no appeal
or any other remedy is available to the aggrieved party. 7 Prohibition is a
negative remedy prohibiting the doing of a certain act.
(3) M..q.IJdft.TJJ-U§: - It is an order issued by a superior court commanding
a lower court or a corporation, board, or person t o perfonn a certain act
which it is its or his duty to do. Again, this writ will lie only when no other
remedy in the ordinary course of law is available. 8 Mandamus is an af-
firmative remedy ordering a certain act to be done.
(4 ) Q.HQ....J£.arrq,7J:!£1. - It is an action by the goverpment to recover an
office or franchise from an individual or corporation usurping or unlawfully
holding it .9
In addition, the Supreme Court exercises original and exclusive juris-
diction over all contests relating to the election, returns, and qualifications
of the President and Vice-President. (Art. VII , Sec. 4, last par.)

'R.A. No. 296 (.Judiciary Act of 19'48), Sec. 17, as amended. This law has been superseded
hy Batas P~:~mbansa Blg. 129, but only the provisions of the former which are inconsistent
wi th those of t he latter are de~me d repealed or modified.
~Ibid.
"See Rules of Court, Rule 65, Sec. 1.
7
See Ib id., Sec. 2.
ASee Ibid., Sec. 3.
9
See Ibid., Ru le 66, Sec. 1.
Sec. 5 ART. VIIl.- Jt:DICIAL ImPARTMENT 2o5

Exclusive appellate jurisdiction

of the Supreme Court.
Th.~ __ex~l-~_~iY-~- -~p.J2elt~-~~jurisdt~!_i_o..n_ ·(supra.) Qf__th~ Supr~:m.~ _Q<?U_~t­
r_ef.e.rf!_lQ <;a.~~~-_o.f gr,eat Pt1blic. !nJ~_r.~!§....QLO[ §..et:i_9_us moment to in._d_br_i<J,~~L
~. 10 They are enumerated in Section 5(2). The only power which Con-
gress may exercise with respect to this jurisdiction as thus provided is to
determine whether the elevation of cases from the lower courts should be.
done through appeal or certiorari-- a matter of procedure which may also
be determined by the Rules of Court itself. 11 fin{ra.)
(l}Jiy_~l, the appellate court 1:eviews_ all the_fl!ldings oUJl~nd of
fu.c.J of a lower court as in special proceedings (e.g., adoption and custody of
minors).
(2) By certiorari (as a means of elevating an appeal), the appellate or
superior court can review only questi~~~2r errqr.s of l~w decided or com-
mitted by a lower court (e.g., appeal from an order or decision of the Court
of Appeals).
A que~l.~Q.IJ. _of_!a_w is that which involves no examination of the proba-
tive value of the evidence presented by the parties or any of them in the
lower court (e.g., constitutionality of a law). Ail.uestion offac.t (e.g., whether
or not a particular event has taken place) cannot be reviewed by the
Supreme Court on certiorari on the theory that the lower court which
"heard the case, observed the demeanor of the witnesses or otherwise
acquired acquaintance with the issues and incidents thereof,"12 i!:l in a
better position to pass upon the question.

Assignment of judges of tower courts

to other stations.
Section 5(3) modifies the rule established under the 1935 Constitu-
tion13 which empowered the executive department to designate or transfer
to another district a judge appointed for a particular district, but with the
approval of the Supreme Cour~..
Under the provision, temporary assignments of judges of lower courts
may be made only by the Supreme Court. This additional comtitutional
power further enhances the independence of the judiciary by eliminating
possible political influence in such assignments. It is also consistent with
the transfer of the adminiotrative supervision of the judicial machinery to
the Supreme Court. (Sec. 6, infraJ
(l.J The requirement that the temporary assignment of a judge to an-
other station for a p!:!riod longer than six (6J months must be with his

10 See V.G. Sinco, op. cit .. p. :]07.

11 lbid., p. 316. So, it may be provided that the remedy shall be by certiorari only.
12 Macandile vs. Macalino. L-24874. Sept. 30. 1978.
13 Article VHI. Section 7 thereof.
25(i TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 5

consent accommodates t he demand for such detail when required by the

exigencies of the service (e.g. , to relieve the clogged dockets of a court which
is vacant) while at the same time protecting the right of a judge to perma-
nency at a station. ·
(~) I.Lthe...tr~:usfe..r.i&.~_pcrm.t,!~.e nJ 9.U~..... jL~.@.QJllY be.J~ff~.~.ted wrtl!_!!t~
c~:!!~.~-(lt ?.f_t~ ~ i~~~-~()~.<:~1.:~~4--~119: . by_th~ -~~t~Q§i.~m . <Lf..fl..n~W-fl.P..ru>iill.ment
.by.the_.Ere.sid&ru. (Sec. 5[3].) The reason is that a judge enjoys security of
tenure (Sec. 11.) and such transfer is tantamount to removal from one office
(former station) and an appointment to a new office. The ~tation of a judge is
the place where he is assigned by law to hold regular sessions. A regional trial
court judge is appointed by region. He may be assigned to any regionaf branch
of the court in the city or municipality within the same region without the
need of his consent because the whole region is his station.14

C_l!f!!).Q~ of v~n'!~ Qt.PI@c:e 9t t_r~!~

The Supreme Court can order a change of venue or place of trial
whenever the imperative of securing a fair and impartial trial or of pre-
venting a miscarriage of justice so demands. (Sec. 5[4]. ) This had been done
before in one case under the 1935 Constitution by the Suprem e Court
where the complainants who were also the prosecution witnesses in several
criminal cases against the accused, a member of a family known to be very
powerful and influenti al in the place of trial, were reluctant to testify, it
appearing that they had reasons to fear that attempts would be made to
silence them, and there was no guarantee that such a possibility would not
take place. 15
Rather than make the Supreme Court rely upon the general grant of
judicial power , the present Constitution expressly invests the Supr.em e
Court with the specific prerogative to transfer the place of hearing in the
interest of truth and justice.

The Supreme Court is vested by the Constitution with full legislative

authority to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice oflaw, the integrated bar, and legal assistance to
the underprivileged. The rules promulgated are called the "Rules of Court."
Such rules have the force and effect of law.
Rules of procedure of special courts (i.e. , Sandiganbayan, Court !)f Tax
Appeals) and quasi-judicial bodies (e.g., Insurance Commission, Securities

1
~B.P.
Big. 129, Section 17.
1
~People vs. Gu t ierrez, l r 32282-83, Nov. 26, 1970, popularly k nown as the ~nantay
Case"; see also People vs. Pelotin, L-35377-78, July 31, 1975; Mondiguing, et al. vs. Menabad,
L-41313, Nov. 6, 1975.
Sec. 5 ART. VIII.- ,JUDICIAL DRPARTMENT 257

and Exchange Commission) sh all remain effective unless di ~approv ed by

the Supreme Court. 16
(1) E!l:ate.c.t.i.O.ll- .and enfJu:..c.e.nzr;!~.t...Pf £..o.n.~tj_tt;tJ.i!.>.'!:..a:f rights_. - The Consti·
tution accords great importance to the full enjoyment by the people of their
constitutional rights that even the Supreme Court is enjoined to promul-
gate rules of procedure concerning their protection and enforcement in
cases pending befo1·e the courts. These rights a re mostly found in Article
III. The Constitution recognizes the evils of what has been termed as "com-
partm~_ntalized ju~t!_<::~" _whereby through unequal application of the law,
those who have power or influence are favored to the detriment of poor,
ignorant or helpless litigants_
In criminal prosecutions, the Constitution seeks to avoid the conviction
or punishment of an accused who may be innocent.
(2).J!kJJ.di.JJg. - It is the act of presenting one's claim, answer, or
arguments in defense or prosecution of an action. The term is often used to
refer to any paper filed in court in connectior. with a case before it. In a
strict sense, however, £!~~s are the written allegations made by par-
ties to a case for the purpose of presenting the issues to be tried. 17 Exam-
ples of pleadings are the written complaint and the answer thereto .
(3) j>ractice...JJLlfilli.. - As generally understood, it is the doing or
performing of services in a court of justice, in any matter pending therein.
In a larger sense, it includes legal advice and counsel and the prepa ration
of legal instruments and contracts a lthough such matter may not be pend·
ing in court. 18
(4) P~w:.e....- It refers to the method by which substantive rights
may be enforced in courts of justice. The rules on court procedure promul-
gated by the Supreme Court are now embodied in the Revised Rules of
Court of the Philippines (effective Jan. 1, 1964).
(5) .d.¢r.n..issi9l1.. ~Q t/Je..IJ.m.ctic~p.l.lam_or to the !;Jar..- A person is s aid to
be admitted to the Bar or is a member of the Bar when he is authorized by
the Supreme Court to practice law in the Philippines. He is authorized if he
has the necessary legal , moral, and educational qualifications, a nd the
prepa ration or training in law and h as passed the required examination. 19
(6) J.llifJJ.r..g_~$..4.. qq._r:._. - It means the official national unification of the
entire lawyer population of the Philippines in a single organization. This
requires membership and financi al support (in reasonable amount) of
every a ttorney as conditions sine qua non to the practice of law a nd the
retention of his name in the Roll of Attorneys of the Supreme Court.

~e Supreme Cou r t m~:~y not exe rcise th e power with respect to the interna l ru les of the
Constitutional Commissions \Ar t. IX, See A-Sec. 6; Art. XIII, Sec. 18f2 l.l which are independ-
ent bodies but it may exercist' t.ht~ power of judicial r eview over the m in cases involving
constitut ional or legal questions.
17 41 Am. Jur. 288.

·~7 c .•J.s. 704.

lDScc Rules of Court, Rule 138, Sec. 11.
258 TEXTBOOK ON THE PHIUI'PINE CONSTITliTION Sec. 5

The term ".B.ar" refers to the collectivity of all persons whose names
appear in the Roll of Attorneys of the Supreme Court. An Integrated Bar
(or Unified Bar) perforce must ir.clude all lawyers. 20 Th ~ general purposes
of an integrated bar are:
(a) To elevate the standards of the legal profe ssion;
(b) To improve the administration of j ustice; and
(c) To ena ble the bar to discharge its public res ponsibility more
effectively.2 1
17) Lega.L.JlE.s.iBJIJlJ..<;.? ..!..Q .. t!J.,~ .l:lnc.Jerp riu~. - Poor and uninfo rmed
litigants are entitled to legal assistance from the government in defending
or enforcing their rights to r edress the imbalance between the parties in
civil a nd criminal cases. For instance, they are given lawyers, free of
charge, to reprelSent them and are exempted from paying court fees. With-
out governmental help, victims of injustice may take the law in their own
hands to vindicate their rights. The consequent mistrust of the judicial
process paves the way to the breakdown of the law.
The rules concerning legal assistance to the underprivileged must
assure that free access to the courts a nd quasi-judicial bodies is not denied
to any person by reason of poverty. (Art. III, Sec. 11 .) The observance of
this constitutional mandate will go a long way in instilling in the people
faith in our justice delivery syRtem as the haven of their rights and free-
dom.

Limitations on ttl.~ .r.YJ~m@~ng. .P.9_~~r

2J.~!:te -~':I.Pre~e.~Q~rt.
They are the following:
~l.) Such rules shall provide a simplified and inexpensive procedure for
the s peedy disposition of cases;
(2) They shall be uniform for alJ courts of the same grade; and
(3) They shall not dimini!:ih, increase. or modify substantive rights (as
distinguished from procedural rights). (Sec. 5[5.1.)
Congress h as the power to repeal, alter or a mend the rules promul-
gated by the Supreme Court. ~ 2

~0 Rcportof Commission on Bar Integration. p. 305.

2
' R.A. No. 6397, Sectio n 1. Pursuant to Article X, Section 5(51 of the 1973 Constitution,
the Supreme Court promulgated Rule 139-A {effective ,Jan. 16, 1973) of the Rules of C:ourt
which contains the rules on the Integrated Bar of the Philippi nes, tho n ational official
organization of lawycrR in the Philippines.
,UTbe new Constitution deleted the phraRe "which, however, may be repealed, altered, or
supplemented by the Batasang Pambansa." Nevertheless, it is submitted tha t Congrc~s still
retains the power since it possesses a ll legislative powers exce pt only those which have not
been expressly withheld.
Sec. 5 ART VIII.- JUDICIAL DEPARTMENT 259

~UP!l~!ln~iy~~l..l~..P.t~~Elc!~raU~w/right~
..d.istinguiShed,
(1) Substqn.tive lau: is that part of the law which creates, defines, and
regulates rights concerning life, liberty, or property, or the powers of
age ncies or instrumentalities for the adm inistration or public affairs,
whereas fi:1-jectiJ1§~9.L~.lJJ:l!_Slia:.l (or procedural j law is that part of law which
prescribes the method of enforcing rights or obtaining redress for their
violation. Examples of substantive law are the Civil Code, Code of Com-
merce, Insurance Code, Corporation Code, National Internal Revenue Code,
Revised Penal Code (criminal law), and the Constitution. 23 The adjective
law in the Philippines is governed by the Rules of Court promulgated by
the Supreme Court and by special laws. It neces!:iarily includes the rules
relating to courts and their jurisdiction, pleadings (supra.j, remedies, trial,
and evidence. (supra.)
From the foregoing discussion, it is plain that the substantive law is
useless without the adjective law, as it will simply be a collection of
unenforceable rights and duties, while without the sub5tantive law, the
adjective law would have no reason for its existence , as it would merely
provide for the enforcement of rights which are not prescribed. 2 ~
(2) SJ.J:b~1.aJJJJyi:L...ligh &s are rights which substantive law declares or
rights concerning life, liberty or property. Examples are the rights pro-
vided in Article III (Bill of Rights) of the Constitution. Procedural rights,
on the other hand , refer to the remedies or means by which an aggrieved
party, whose (substantive ) rights have been -violated, may bring h is case to
suit, trial, and judgment. An example is the right of a party to appeal a
decision of a low~r court to a higher court.
In some cases, however, a right cannot be neatly classified as substan-
tive or procedural. This is particularly true with respect to the constitu-
tional rights of the accused (see Art. HI, Sees. 15-22.) which are imple-
mented by the Rules of Court..

~ppoimm~mt9.t.Qffll:t~'~-~Q9 eo::u~!Qy~.
The Supreme Court has the power to appoint all ot1icials and employ-
ees of the judiciary in accordance with the Civil Service Law. (Sec. 5[6]; see
Art. IX, A-Sec. 8; B-Secs. 2[2], 6-8. ) This authority further enhances its
independence as envisioned by the Constitution. It was formerly provided
by law. Once appointed ,. they shall be entitled to the protection of the
provisions of the Constitution on Civil Service. (ibid., Sec. 2f3], infra.)
It should be recalled that Congress may, by law, vest in courts, a uthor-
ity to appoint "other officers lower in rank" in the judiciary. (see Art. VII,
Sec. 16.)

21
· See Bustos vs. Lucero, 81 Phil. 640; Primicias vs. Oca mpo, 93 Phil. 446.
2
' Melquiades J. Gamboa, An Introduction to Phil. Law (1955), 6th ed., p. 97.
260 1'1-~XTB OOK ON THE P HILIPPINE CONSTIT UTION s.,.cs. 6-7

SEC. 6. The Supt·eme Court shall have administrative super-

vision over all courts and the persormel there of.

Administrative supervision over

lower courts.
The Supreme Court exercises administrative supervision over all courts
from the Court of Appeals down to the lowest cour ts a nd the personnel
thereof. This is one of the fundamental changes introduced in respect of the
judicial system by the 1973 Constitution.
The 1935 Chart er was silent on this poin t. Under the law then in force,
the lower courts wer e subject to the adminis trative supervision of the
President who exercised it thrcugh the De partment of J us tice h eaded by
the Secretary of .Justic:e' who was no more and n o less than the alter ego
(Lat. , another I.) of the P resident. It was n a tural tha t decisions taken eve n
in t he matter of supervising judges and personnel of lower courts were
sometimes heavily influe nced by poli t ical considerations. The change re-
moves possible executive intervention in t he affairs of the courts and the
administration of just i ce. ~
The power of administrative supervision of the Supre me Court extends
to the Sa ndigan.bayan, a special court (see note 5, under Art. XI , Sec. 2. ),
because Section 6 r efers to "all courts.":l

SEC. 7. (1) No pers on shall be a ppointed Membe r of the

Supreme Court or any lower collegiate court unless h e is a
n a tural-born citizen of the Philippines. A Member of the Su-
preme Court must be at least forty years of age, and must have
b een for fifteen years or more a judge of a lowe r court or engaged
in the prac tice of la w in the Philippines.
(2) The Congress shall prescr ibe the qualifications ofjudges
of lower courts, but no pers on may be appointed judge the reof
unless h e is a citizen of the Philippines and a member of the
Philippine Bar.
(3) A Member of the Judicia ry must be a person of proven
competence, integrity, probity, a nd independence.

1The fo r mal tra nsfer of adminii'l trati ve su p~ 1·vis iou ove r infl!. rior (no w l<>wcr) co ur ts from

the Department of Justice to the Supreme Court was eftb:tt~d by Presidential De~rec No. 185,
iss ued Ma y 7, 1973. It is now ~xercised by the Supre me Court through an oflice headed by a
Court Admi nistrator who is ap poi nted by the Chief .f ustic~ . (Pres. D~cree No. 828.)
2
Be that as it may, the additional work imposed by the pr·ovision on the Supreme Court
canno t but adversely atle r:t its adjudicative functions particular ly in th e face of the increas -
ing number of ca sef> that are brought before it.
3
l t ha::~ betm hA!d th <'~t the exl!rcise of the rule -maki ng power of the Sandigan baya n is
s ubject to th e approv a l of the Supreme Court. <De Guzma n vs. People, 119 SCR.A 337, Dec.
15, 1982.) Under th e new Constitution, rulci'i of procedure of s pecial co ur ts J>ha ll re main
effecti ve un les>; dis approved hy the Supreme Court. t Sec. 5[5 ).)
Sec. 7 Al{'l'. V III. - JUDIClAL DEJ:'ART~1ENT ~61

Qualifications for members of the Supreme Court

and any lower collegiate court.
The qualification~ for a member of the Supreme Court are:
( 1),1Ie must be a nAtural-born citizen of th e Philippines. (see Art. IV,
Sec. 1.) Therefore, a natura lized citizen may not be appointed;
(.2{ He must be at lea s t fo rty (40) years of age;
(3} He must have, for fifteen {15) years or more, been a judge of a lower
court or engaged in the practice ofla w in the Philippines (Sec. 7111.); and
(41 He must be a person of proven competence, integrity, probity and
independence. (Sec. 7l3). ) This criterion hao something to do with the
qualities of mind a nd spirit which a member of th e j udiciary m u st possess.
It is intended as a guide to the r ecommending body (Judicial and Bar
Council) anrl the a ppointing authority (President), and a s a reminde r to the
appointee. ' This qualification is prescribed for a ll members ofth ejudiciary.
Its indispensability is easily s een when it. is accept ed th at any system of
justice is only "as good or as bad a s ils judges.''
The qualifications of members of a ny lower collegiate court (composed
of more than one judge, i.e., Sandiganbayan, Court of Appeals, <lnd Court of
Tax Appeals) shall be prescribed by Congresf' as provided in Section 7(2} as
in the case of judges of lowe r courts, O\!Lth~Y-.IDY.-~.Qg_n~.!:!I~ :.Q~:!l.~iY.?i~l:t~.
ilih~~hilippin~ s.. (Sec. 71" lJ.)

Authority of Congress to alter qualifications

of certain constitutional officers.
Congress is not empowered to increase or decrease the qualifications of
the Justices of t he Supreme Court a s laid down by the Constitntion .2 The
same thing may be said in connection with constitution al provi si ons pro-
viding for the qualifications of members of Congress, the Preside nt, and
the members of Constitution al Commissinns, the Ombudsman , a nd his
Deputies. ( Art. XI , Sec. 8.)
Congress is not prohibited, how ever, from prescribing disqualifications
t.e.g., conviction of a crime for the position of Just.jce of the Supreme Court)
as long as they are relevant to the nature and fun ctions of the office. 1

Qualifications of judges of lower courts.

They are :
(l) Constitutional:
\a) H e must be a citizen. He..1l_~~.d_p..qL9.~.. l!.~tur a. l ~ hor~:.. This is to
obviate the objection against naturali zed citizens being treated as

1 1986 UPL Con sti tu ~ion Project. ,J udicia ry, p. 3.

' See Va rgas vs. Rilloraza. 80 Phil. 297.

3Sce V.G. Sinco, op. cit., p. 313.
262 TEXTROOK ON THE P HILIP PI_:i!E CON STIT'CTION Sec. 7

s econd-class citizens. In the case of members of appellate courts, the

:-nat ural-born requirement was retained principally by reason of the
· fact that their decisions are generally final; a nd
(b) He must be a member of the Philippine Bar (Sec. 7[2].), i.e., a
lawyer whose n ame is duly inscribed in the Roll of Attorneys 4 Of the
Supreme Court. (sec Sec. 5[5], infra.) Membership in the Bar (infra.) is
a prerequisite to the practice of law in the Philippines. It is obvious
that judges should possess proficiency in law in order that they can
competently construe and apply the law to cases before them, so as to
forestall any harm or prejudice to litigants. Hence, the r equirement of
me mbership in t he Bar a nd practice of law for appointment t o the
judiciary; and
(c ) He must be a person of proven competence, integrity, probity
and indepen dence.5 (Sec. 7[3].)
The above are the minimal qualifications which cannot be altered by
Congress.
'
(2) Statutory. - - Congress is given t he authority to prescribe additional
qualifications fo r judges of lower courts. These statutory qualifications are
now provided for under a law passed by the defunct Batasang Pambans a. 6

The administration of justice.

(1) NaJ.J.!,li. - "Compared to other public functions and (luties, the
dispensing of justice, being extremely important, is both delicate a nd
singular. To sit in judgment over one's fellowmen, to pass upon their
contr oversies involving their rights and fortunes, and in criminal cases,
de termine their innocence ot· guilt, which decision affects a nd involves
their freedom, lheir honor, even their lives, is no ordinary chore or busi-
n ess. It is a serious task, weighty and fraught with grave responsibility
and of far-reaching effects, a task earnest and solemn almost partaking of
the divine."7
(2) .Ch.a.r:ac.te.r._a.ncL.fit.n.~_o{ iud_g_e_.~. - The possession of the legal
qualifications prescribed for appointment to the judiciary and the exist-
ence of constitutional safeguards to protect judicial independence (supra.)
are n o assurance that the appointee will discharge the duties of his office
impartially, free from all outside pressure a nd influence .
'·
,) :' "There can be no surer guara ntee for a true administration of
, justice than the God-given character and fitness of those appointed to

~It is the official record cont aining the names and signatures of those who are autho rized
to practice Jaw. (Pangan vs. Ra mos , A.M. No. 1053, Sept. 7, 1979.) ·
5/fhis additional criterion for selection of members of the judiciary is left to the subjec-
tive determination of the Judicial and Bar Council and the President.
6
S ec Batas Pambans a Blg. 129.
7
Dissenting: Justice M. Montemayor in Ocampo vs. Secreta ry of Justice, 51 O.G. 147,
Jan. 18, 1955.
Sec. 8 AH.T. 'liii.- .JUDICIAL DF:PARTMENT 263

the bench. The judges may be guaranteed a fixed tenure of office during
good behavior and a salary that cannot be decreased, but if they are of
such a stuff as allows them to be subservient to one adminis tration
after another, or to cater to the wishes of one litigant after another, the
independence of the judiciary will be not hing more than a myth or an
empty ideal.
The framers of our Constitution wanted the person exercil:ling the
judicial function to be absolutely impartial and independent-minded so
that the parties before him can obtaia and receive justice based only on
the merit of their claims 'h. x x however humble and lowly and poor they
may be, and regardless of wealth, power and influence of their adver-
saries."8
(3) Judicial standards more exacting. -There is no place in the judici-
ary for those who cannot meet the exacting s tandards of judicial compe-
tence a nd integrity. Although every office in the government is a public
trust, no position exacts a greater demand on moral righteousness and
uprightness of a n individual than a seat in the judiciary. 9

SEC. 8. (1) A Judicial and Bar Council is hereby created

under the supervision of the Supreme Court composed of the
Chief Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the Congress as ex officio Member, a
representative ofthe Integrated Bar, a professor oflaw, a retired
Member of the Supreme Court, and a representative of the
private sector.
(2) The regular members of the Council shall be app()inted
by the President for a term of four years with the consent of the
Commission on Appointments. Of the Members first appointed,
the representative of the Integrated Bar shall serve for four
years, the professor of law for three years, the retired Justice for
two years, and the representative o~ the private sector for one
year.
(3) The Clerk of the Supreme Court shall be the Secretary ex
officio of the Council and shall keep a record of its proceedings.
(4) The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court. The
Supreme Court shall provide in its annual budget the appropria-
tions for the Coun~il.
(5) The Council shall have the principal function of recom-
mending appointees to the Judiciary. It may exercise such other
functions and duties as the Supreme Court may assign to it.

S f bid.
9Baria vs. Bercacacio, A.M . No. 561-MJ, Dec. 29, 1976.
264 'tEXTBOOK ON 1'HE PHI LlPPl NE CONSTlTUTlON Sees. 8-9

SEC. 9. The Members of the Supreme Court a nd judges of

lower courts shall be appointed by the President from a list of at
l east three nominees prepare d by the Judicial and Bar Council
for eve ry vacancy. Such appointments n eed no confirmation.
For the lower courts, the Preside nt shall issue the appoint-
ments within ninety days from the submission of t he list.

Appointment of members of the Supreme

Court and judges of lower courts.
(1) Non-political process of selection and appointment. - The appoint-
ing power is veste d alone in the President. (Sec. 9. ) Under the 1973
Constitution, only the Presidtnt w as involved in the a ppointme nt of high
offici a ls of the gov ernment, including members of the judiciary. There was
no effective r emedy in case of abuse by the President of his appointing
power. The situation was a little better under the 1935 Constitution.
The members of the Supreme Court a nd judges of lower courts were
appointed by the President of the Philippines with the consent of the
Commission on Appointments in Congres s. However, this power of Con-
gress to confirm appointments to the judicia ry was sometimes a source of
political "haggling" and "horse trad ing" which affected the judicial inde-
pendence of the appointees.
A non-political process of selection and appointment of members of the
j udiciary is now provided.
( 2 ) List of at least three (.'3) nominees. - The President shall appoint
from a list of at least (3 ) nominees prepared by the Judicial and Bar
Council for every vacancy. The President cannot appoint anybody out side
of the list but he can ask for a dditional nominees. Such appointments need
no confirm ation from the Com mission on Appoin tmen ts. This avoids the
pitfalls of the 1935 Cons titution .
The President shall issue the appoint ments of judges of lower courts
within 90 days from the submission of the list. (Sec. 9. )
( 3) Judicial and Bar Council. - Instead of leaving its creation to
legislation, the Constitution itself creates the Council, providing at the
same time its composition, appointment of the members, their terms of
office, their emoluments, and their functions. 1 (Sec. 8 .) Although it is not
expr essly mentioned by the Constitution as a qualification, a member of
the Council, like a member of the judici a ry, must be a person of proven
competence, integrity, probity and independence. (Sec. 7[3J.) The broad-
based membership of the Council will help ins ure quality appointments to
the judiciary.

' Executive Order No. 216 declares t he etfcctivity of the creation of the Judicial and Bar
Council on J uly 10, 1987, t he date of its promulgatio n.
Se~.:l.i . 10·11 ART. VIII. - JUDICIAL DEPAR'f}..1ENT 265

( 4) Exclusive authority to recommend appointees to judiciary. - ln the

past, appointments to the judiciary were claimed to have been influenced
by political and other extraneous reasons. It is expected that giving to the
Judicial and Bar Council, in place of the Commission on Appointments, the
exclusive authority to nominate justic;es and judges will further insulate
the judiciary from political intrusion, result in the appointment only of
persons "of proven competence, integrity, probity and independence," con-
tribute to the substantial improvement of the administration of justice,
and enhance the faith of the people in the courts and their respect for law.
Critics say, however, that the new nominating and selection process
h as not completely removed politics and outside influence in the process.

SEC. 10. The salary of the Chief Justice and of the Associate
Justices of the Supreme Court, and of judges of lower courts
shall be fixed by law. During their continuance in office, their
salary shall not be decreased.

Compensation of members of the judiciary.

(1) Prohibition against reduction. - The salary ofthe members of the
Supreme Court and of judges of lower courts shall be fixed by law. Until
Congress shall provide otherwise, the initial annua l salary of the Chief
Justice is P240,000 and each Associate Justice, P204,000. (see Art. XVIII.
Sec. 17 .) After Congress has fixed the compensation of any of them, it may
not reduce the same during his incumbency.
(2) Purpose of the prohibition. - The purpose is not to benefit the
judges but to attract good and competent men to the bench and to promote
their independence of action and judgment.t As has been said: "In the
general course of human nature, a power over a man's subsistence am oun t~
to a power over his will." 2 There is n o prohibition , however, against in·
crease in sa]a!'y which may be made effective immediately.
The salaries of the members of the Supreme Court and judges of lower
courts are subject to the payment of income tax.a

·sEC. 11. The Members of the Supreme Court and judges of

lower courts shall hold office during good behavior until they
-reach the age of sev~p..t~-Y~$!!_s or become incapacitated to
discharge the duties of their office. ':l'l!~ .S~P..r~me CoJJ.I1.&UJ bane.
~l!.~Jt ~.~~ .tA.~ ..P.9W.e.r ..t2.. dis~ipline. judges. of lower courts,. or.
prd.e r.their d~~~~~~J..P.Y-.1! vot.e..ofa.majority.of the Memher&.:Wh.o
tctually too~ part in ti~e delib~r..~i<m.s .o n th~ .i.ss-g.~_s_ht tb.('. ~~l'.e
and .. voted. . thereop
··•· . . . . - .

""
:.... 253 U.S. 246; Perfecto vs. Meer, 86 Phil. 552 ; Enden<:ia vs. Davi d, 93
1.Evans vs. Gore,

Phil. 696.
~A. Hamilton, The Federalist. No. 79.
~Nitafan vs. Comm. of Internal Revenue , 152 SCRA 284, July 2.'5. 1987.
266 TEXTBOOK ON THE PHILIPPINE CONSTIT'C'TION s~c. 11

Tenure of office of members of the judiciary.

(1) im.p£lr.t.aD.t:..Ulf_B£.CJJJitLail&.IuJ,[~. - S ection 11 insures the security
of tenure of the members of the Supreme Court and the judges of lower
courts. They shall hold office during,a:ood behavior until they reach the age
~ ~e.veptf.<7.Q) year~ or ~~~QIJ.:l.ejn~a.P.~~it~t~<t. P..hY2.i.~a11Y_..QZ: ..:!lle[ltalJ.y, to
dis charge the duties of their office. Security of tenure dependent upon good
behavior has long been comidered as a n indispensable guarantee to keep
judicial independence, the cornerstone of all systems of effective adminis-
tration of justice. 1
(2) ...R.eti.rg,m~nt 'Yi~· -The retirement age in the 1973 Constitu~ion was
reduce<! from the'originalseventy (70) to sixty-five (65) years whicli is the
retirement age of other non -e~tive government offi cials and employees,
and restored again to seventy '{70). The reduction was obviously intended
to afford members of the judiciary ·ample time to enjoy the b enefits of their
retirement from the service and to give opportunity to comparatively younger
men to occupy the Bench. On the other hand, it will d€iprive the count ry of
the services of members of the judiciary who have acquired experience,
wisdom and expertis e in their work but are flti\1 ca pable physically and
mentally to discharge the duties of their office although past the age of
sixty-five (65).
(3) T_e_r ~ inatio.n_ ofr.igh..UQ. hd.d...Qffi£e.,_- The Constitution provides for
the impeachment of the members of the Supr eme Court. {Art. XI, Sec. 2. )
As for judges of lower courts, Congress h as the power to prescribe the
procedure and the causes for their removaL Congress may also validly
provide for the process of determining the incapacity of a judge to dis-
charge the duties of his office.
( 4) Abolition of o/f'ice. - It is a well-known rule that valid abolition of
offices is neither r em oval nor separation of t he incumbents. R-emoval from
office is to be distinguished from termination by virtue of the abolition of
the office. In case of removal, there is an office with an occup ant who would
thereby lose his position. After the a bolition of an office, there is in law no
occupant. Thus, the question of any impairment of security of tenure does
not aris~. 2
This ruling does not apply to the judiciary. Sect ion 2 expressly provides
that "no law shall be passed reorganizing the judiciary when it undermines
the security of tenure." The prohibition seeks to pz:event the use of such
law, under the guise of r eorganization, to remove members of the judiCiary
who refuse to kowtow to the powers that be. ·
"

Summers vs. Ozaeta, 81 Phi l. 754.

1
3
De La Llana vs. Alba, 112 SCRA 244, March 12, 1982.
s~c. 12 ART. VIII. -JUDICIAL DEPART:-.1ENT 267

Meaning of good behavior.

Qood behavior is conduct authorized by law. So, mere mistake or error
of judgment is not a breach of good behavior, within the meaning of the
Constitution, to just1fy expulsion from office. 3
( 1 ) With reference to the m embers of the Supreme Court, it implies
that they have n ot committed any of the offenses which are gr oun ds for
impeachment. (see Art. XI, Sec. 2.)
(2) As regards judges of lower courts, the determination by the Su-
preme Court as to whether there has been a de viation or not from the
r equirement of good behavior is conclusive since it alone has t he power to
order their dismissal.

Disciplining or dismissal of judges

of lower courts.
The present Constitution gives to t he Supreme Court the power to
discipline judges oflower courts, 4 including justices of the Court of Appeals
and the Sandiganbayan. By a vote of a majority of the me mbers who
actually took part in the deliberations on the issues in the case and voted
thereon, it can order their dismissaF• (Sec. 11.)

SEC. 12. The Members of the Supreme Court and of other

courts established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.

Prohibition against designation to quasi-judicial

and/or administrative agencies.
In the past administration, m embers of the judiciary were sometimes
designated to executive positions in the government, a t t he same time
retaining their rank or seniority as such members. This practice is no
longer possible under the new Cons titution. Section 8 prohibits the desig-
nation by the President of members of the Supreme Court a nd of other
courts established by law to any agency performing quasi-judicial and/or
administrative functi ons.

3 State v.s. Roll. 1 Ohio Decision, 284.

•See Supreme Court Resolution dated July 25, 1974. The misconduct of a judge that will
warrant disciplinary action by the Supreme Court must have a direct r elation to and be
connected with the performan~ of his offici al du ties, not h is character as a pr ivate indi-
vidual. (Salcedo vt~. Judge, A.M . No. 1810-CTJ, June :.:!9. 1979.)
5
During the effectivity of the 1935 Constitution, the powe r to discipline or remove judges
of lower courts was exercised by the President upon recomme ndation of the S upreme Court
in the caF;e of judges of the Courts of First Instance <now Regional Trial Courts) and on the
recommendation of the di:>trictjudgc in the case of municipal judgl'~. (see R.A. No. 296, Sees.
67 and 97.)
261:\ TEXTBOOK ON THE PHJLIPPI:-:E CO:\STITl:TiO:S

The following rea::;ons rnay be given for the prohibition:

(1) Such designation violates the doctrine of separation of powers be-
tween the judicial and executive branches of the goHrnment;
{2) It ' may compromise the independence of the members in the per-
form ance of their judicial functions; and
(3) With so many cases pending in courts, the practice will result in
further delay in their disposition. The Supreme Court and t he Court of
Appeals particularly, which are already burdened with heavy load of cases,
could never r l;ldllCe, much less eliminate, the backlog in their dockets if
thei r members co uld be assigned to non-judicial agencies .

SEC. 13. The conclusions of the Supre me Court in any case

submitted to it for decision en bane or in division shall be
r eached in consultation before the case is assigned to a Member
for the writing of the opinion of the Court. A certification to
this effect signed by the Chief Justice shall be issue d and a copy
thereof attached to the record of the cas e and served upon the
parties. Any Member who took ao part, or dissented, or ab-
stained from a decision or resolution must state the reason
therefor. The same r equirements shall b e observed by all lower
collegiate courts.

Procedure in rendering decisions.

The above provision prescribes the manner by which the conclusions of
the Supreme Court and all lower collegiate courts i.n any case submitted to
them for decision shall be arrived at.
A certification of complianee, i.e., that the case has been assigned to a
member for the writing of the opinion of the court, signed by the Chief
Justice or Presiding Justice or P residing Judge must be issued and a copy
t h ereof attached to the records of the case and served upon the parties.
(Sec. 13.) The certification should not identify the member to whom the
case has been assigned.
The purpose is to avoid t he pr actice of assigning a case to a justice for
study a nd decision by him alone , t he remaining just.ices affixing their
signa tures to the decision merely as formal routine. -It is }!.l:~~l!lb.~nt_~~--~h.~
i'::sti.:~s !~ !a~~. P.~!~}~_t_~e _cg_n~icl._~r.~.ti9n__?.J!.£.~~t;i_§_i()t1 _~f ey~.n:-~A~-~ wb_~he r
~th~__C:_O_\!r:t_sits ~7!-..~f!-_n.c or J~ qi"i_sio~...L.~~-f~!~-~!2Y..i~~-tice is .~iven the ~ssign­
ment . fo.r.. the .. ~:r.i.ting. Qf .tJ:H~...QPi!l.i<l.D. ...2Ltl'l...L.cou\t. In this way, the case
receives the full benefit of the views and ideas of the d ifferent justices. 1

1
S~:~e V.G. Sinco, op. c:it., p. 325.
Sec. 14 ART. \ 'l.II . - JUlHCTAL DEPARTMENT 269

Requirement in case of non·participation,

dissent, or abstention.
~~~ml>~r uf.~!"l~. ~uprem~..QQ!:!!:L9.r a_ lo~~.r-!:!.Qll.egi!!te ~lliJ.rt who t:Qok
9&. Il!i_I:b _QI....cH.~~~-DJgg .9I.~ hst_!!i n~~-.fi..2D.L!i.. cle.cis.i_~n. sh2 !L§!!lte__t.~c _r:e_a_s~l}_s
(Q_r hi_s._non :P~:r:~icip a.!~~~.LQi ~-~-I!.h.• s>L.a..9.~~-§!!1.!-ion. (Sec. 13.)
This requirement as to dissenting opinions is a recognition of the value
of such opinions. There is no guarantee that the decision reached by the
majority is conect and just in all cases. }Jfhile the dissenting opinion does
not express the law on the subject, if well rea:;oned and supported by
cogent considerations, it may influence the Supt·emc Court, and even
become the majority opinion, in the decision of future and analogous case~ ·
"A dissent in a court of last resort is an appeal x x x. to t he intelligence of a
fu ture day, when a later decision may possibly correct the error into which
the dissenting judge believes the court to have been betrayed.":l
As it is the duty of every member of a collegiate court to take part in the
study and resolution of every case before it, he must state the reason for his
non-participation or abstention. His vote could h ave resulted in a different
decision.

SEC. 14. No decision shall be rendered by any court wit hout

expressing therein clearly and distinctly the facts and the la w on
which it is based.
No pe tition for review or motion for r econsideration of a
decision of the court shall be refused due course or d e nied
without stating the legal basis therefor.

Meaning of decision.
&ili&J:J...is the judgment r endered by a court of justice or other compe-
tent tribunal after the presentation of the r espective positions of the
parties in an ordinary or criminal case or upon a F;tipulation of facts upon
which the disposition of the caso is based. 1

Form of decision of court.

~y_decision of a court shall clearly and distinctly stP.te..th.e fac1£.~n<!
.the law o.n...Yl.hich. it.Js.....b.as.e.d., (Sec. 14. 2) The standard expected of the

~Tai1ada and Ft:rmmdo, up. t:it., p. 1156.

:chief ,Justice Hughes, The Supreme Court of the Uni t.ed States, p. 68.
1
See Soncuya Vl). Nat. Loan & Invest. Board, 40 O.G . nth Supp., p. 297.
2 Section 14 ha!> l~en held to apply only to courts of ju stice. Thus, it does not apply to the
Constilutior.a l Commission!! CArt. IX.) (Mangca vs. COMELEC, 112 SCRA 27:-l, Feb. 12,
19l:!:3.J There is. however, no reason why the rt!quirement. a11 to the form of de cision of a court
~ hould not be made to apply also to decisions of <tdministrativc bodies.
270 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 15

j udiciary is that th u decision rend ered makes clear why either party pre-
vailed under t be law applicable to the facts established.3
The rule applies to the decision s not only of the Supreme Court buj:, also
of all lower courts. With respect , however, to petitions fo r review or mo-
tions fo r reconsideration of a decision of any court, it is sufficient for the
court to state only the legal basis for its refusal to give th em due course or
for their denial to save time for the court.~ It would seem t h at a court is not
required to cite the factual or legal basis of its resolution granting a
petition for 1·eview or motion for reconsideration of its decisions.
It is certainly desi rable in the interest of clearness and certainty, that
courts should state t he facts and the reasons upon which their decisions
rest; 5 otherwise rights based upon them would have no concrete and lasting
evidence, and errors committed by courts lower than the Supreme Court
might escape detection and rem ain uncorrected to the detrime nt of the
parties and t he administration of j ustice!;

SEC. 15. (1) All cases or matters filed after the effectivity of
this Constitution must be decided or resolved within twenty-
four months from date of submission for the Supreme Court,
and, unless reduced by the Supreme Court, twelve months for all
lower collegiate courts, and three months for all other lower
courts.
(2) A case o r matter shall be deemed s ubmitted for decision
or r esolution upon the filing of the last pleading, brief, or
memorandum r equired b y the Rules of Court or by the court
itself.
(3) Upon the expiration of the corresponding p eriod, a cer-
tification to this effect signe d by the Chief Justice or the presid-
ing judge shall forthwith b e issued and a copy thereof attached
to the record of t he case or matter, and served upon the parties.
The certification shall state why a decision or resolution has not
been rendered or issued within said period.
(4) Despite the expiration of the applicable mandatory pe-
riod, t he court, without prejudice to s uch responsibility as may

"Bernabe vs. Geraldez , L-39721, J uly 21, 1975.

'The 1973 Constitution (Art. X, Sec. 9 lhe re of.) empowert"!d t h e Supreme Co urt to
promul gate ru les on t h t promulgation of what a r e k n own as ~minute resolutions." As
distinguished from a decision, a m inute reRolulion s tates briefly the action a court ha8 taken
on a petition or motion without citing the factual and l egal basi;; of such a resolution (e.g. ,
"Denied for lack of merit" or ucranted"l.
''Ocampo vs. Cahangi.s, 15 Phil. 828.
"V.G. Sinco, op. cit ., p. 332; Bernabe vs. Geraldez, supra; Lee vs. Court of Appeals,
L-28126, Nov. 28, 1975.
Sec . 15 ART. VJll. - Jl"DICLU DEPARnfENT 271

have been incurred in consequence thereof, shall decide or

resolve the case or matter submitted thereto for determination,
without further delay.

Maximum periods for rendition

of decisions.
By constitutional mandate, the various courts must decide or resolve a
case or matt.er submitted thereto within the following periods from the
date of submission:
( 1) Suprema Court. - within twenty-four (24 l months;
(2) The Court of Appeals and other collegiate appellate courts - within
twelve (12) months unless reduced by the Supreme Court; and
(3) Lower courts - within three (3) months unless reduced by the
Supreme Court. (Sec. 15[1].)
A case or matter is deemed submitted for decision or resolution from
the date the last pleading (see Sec. 5[5].), brief, 1 or memorandum 2 is filed.
(Sec. 15[2.1. ) Upon the expiration of the corresponding period , a certifica-
tion to this effect ( i.e. , that the period has elapsed) signed by the Chief
Justice or the presiding judge must be issued a copy of which is required to
be attached to the record of the case or matter, and served upon the parties.
(Sec. 15L3].)

Time limitations mandatory.

The time limitations established above are mandatory. They are in~
tended to ease up ~he clogging of court dockets and to implement the right
of party lib gants to speedy justict> (see Art. III, Sec. 16. ) under the familiar
aphorism that "justice delayed is justice denied." Under Section 5(5 ), the
rules promulgated by the Supreme Court shall provide a simplified and
inexpensive procedure for the speedy disposition of cases. Violation of
Section 15( 1) by the Supreme Court will constitute culpable violation of the
Constitution, a ground for impeachment of the members of the Supreme
Court. (Art. XI, Sec. 2.)
A court must still decide a case or matter even after the lapse of the
applicable maximum period provided above without prejudice to the re-
sponsibility of the justice or judge concerned. (Sec. 15[4].)

1li is a written statement pre pa red by a counsel and presented to an appellatP. court

setting forth. often in cvnside ra hle deta:l, the main contentiOM of his client with the
:mpporling arguments, facts and l a w.
2It is a written presentation of the arguments of a party in a case submitted to the court

afte r the trial or hearing but before a judgment or decision is rendered.

272 TEXTBOOK ON THB PHILJPP[NE CONSTITUTION Sec. 16

SE C. 16. The S u preme Court shall, within thirty days from

t he o pening of each regula r sessio n of t h e Congress, s ubmit to
t he P reside n t and t h e Congress a n annual r eport on the opera·
tions a nd activities of the Judiciary.

Submission of annual report.

T he a bove provision requires the Supreme Court to submit to the
President and Congress an annual report on the operations and activities
of the j udiciary. Through such r eport a nd the recommendations that the
Supreme Court may m a ke, the President and Congress may be guided in
proposing or in the. enactment of legislations affecting the courts a nd the
administration of justice. (see Art. VII, Sec. 23. )
It s hould be noted that it is these organs that determine the appropria-
tions for the expenses of the judicia ry.

-oOo -