CONSTITUTIONAL LAW – branch of public law which treats as constitutions, their nature, formation,

amendment and interpretation.

Political Law – branch of public law which deals with the organization and operation of the
governmental organs of the state and defies the relations of the state with the inhabitants territory.

Doctrine of State Immunity from Suit – Article XVI, Sec. 3, CONSTITUTION

Section 3. The State may not be sued without its consent.
Gen. Rule : The State may not be sued without its consent.
Basis : Sec. 3, Art. XVI of the Constitution.

Reason : There can be no legal right against the authority which makes the law on which the
right depends.

When considered a suit against the State:

The Republic is sued by name;

Suits against an un – incorporated government agency;
Suits is against a government official, but is such that ultimate liability shall devolve on the
government:

When a public officer acts in bad faith, or beyond the scope of his authority, he can be held
personally liable for damages.
BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, he is not
personally liable, and the suit is really one against the State.

Application / Prohibition of the rule:

This rule applies not only in favor of the Philippines but also in favor of the foreign states.
The rule likewise prohibits a person from filing for interpleader, with the State as one of the
defendants being compelled to interplead.

The rule in Section 3 which textually expresses established jurisprudence on the subject is that the
State may not be sued without its consent. Necessarily, therefore, cases on this subject must deal
with the dual question of whether the suit is one against the state and, if it is, whether the state has
consented to be sued. When the suit is one against the Republic of the Philippines eo nomine the
suit is one clearly against the state. When the suit is directed against an unincorporated government
agency which, because unincorporated, possesses no juridical personality, the suit of necessity is
against the person of the agency's principal, and consent or absence of consent of the principal must
be determined. If, however, the suit is against a government owned corporation, technically the suit
is not one against the state because private corporations are juridical persons distinct from the state.
When the suit is against an officer of the state, enquiry must be made whether in fact ultimate
liability will fall on the officer or on the government. If it is the latter, the suit must be considered as
one against the state itself.

"Not all government entities, whether corporate or non-corporate, are immune from suits. Immunity
from suits is determined by the character of the objects for which the entity was organized."

When the state consents to be sued, it cannot be inferred from such consent that the state concedes
its liability. Consent simply means waiver of immunity from suit and it does not deprive the state of
the right to interpose any lawful defense.
Section 3. State Immunity
Suability of State
1) The State cannot be sued without its consent.
2) When considered a suit against the State
a). The Republic is sued by name;
b). Suits against an un-incorporated government agency;
c). Suit is against a government official, but is such that ultimate liability shall devolve on the
government
i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held
personally liable for damages.
ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they are
not personally liable, and the suit is really one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the
defendants being compelled to interplead.

Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body “may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special
agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a governmental function (e.g.
arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the latter can generally be
sued, even if its charter contains no express “sue or be sued” clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and have charters which
grant them a separate juridical personality.
4). The State files suit against a private party. UNLESS: The suit is entered into only to resist a
claim.

Garnishment of government funds:

1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they
remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid
government obligation, then the money can be garnished.

Consent to be sued is not equivalent to consent to liability:

1) The Fact that the State consented to being sued does not mean that the State will ultimately be
held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or
garnishment against public funds. Reason: No money shall be paid out of the public treasury unless
pursuant to an appropriation made by law.
THE NATIONAL TERRITORY
The National Territory of the Philippines comprises:
1. The Philippine archipelago
2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its
a. Terrestrial
b. Fluvial; and CODE: TFA
c. Aerial domains
5. Including its
a. Territorial sea
b. The seabed
c. The subsoil CODE: TSSIO
d. The insular shelves; and
e. The other submarine areas
6. The waters
a. Around
b. Between and
c. Connecting
d. The islands of the archipelago CODE: ABCI
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines

Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago is that body of
water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the
Treaty of Washington (1900) and the Treaty of Great Britain (1930).
Archipelagic principle

Definition of “all other territories over which the Philippines has sovereignty or jurisdiction”
It includes any territory that presently belongs or might in the future belong to the Philippines
through any of the internationally accepted modes of acquiring territory.

Archipelagic principle
Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines
connecting appropriate points on the coast without departing to any appreciable extent from the
general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea - 12 nautical miles (n.m.)
2. Contiguous zone - 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]

Q: Differentiate archipelagic waters, territorial sea and internal waters. (2004 Bar Question)
A: According to UNCLOS, Archipelagic waters refers to areas enclosed as internal waters by using the
baseline method which had not been previously considered as internal waters. (See Article 53 of
UNCLOS)
Territorial sea is an adjacent belt of sea with a breadth of 12 nautical miles measured from the
baselines of a state and over which the state has sovereignty. (Article 2, 3 of UNCLOS)
Internal waters refer to “all waters landwards from the baseline of the territory.” Is from which the
breadth of territorial sea is calculated. (Brownlie, Principles of PIL) No right of innocent passage for
foreign vessels exist in the case of internal waters. (Harris, Cases and Material on International Law,
5th ed., 1998, p.407)
Under Section 1, Article I of the 1987 Constitution, the internal waters of the Philippines consist of
the waters around between and connecting the islands of the Philippine archipelago regardless of
their breadth and dimensions including the waters in bays, rivers, and lakes.
Q: Distinguish briefly but clearly between the contiguous zone and the exclusive economic zone.
(2004 Bar Question)
Contiguous zone is a zone contiguous to the territorial sea and extends up to twelve nautical miles
from the territorial sea and over which the coastal state may exercise control necessary to prevent
infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or
territorial sea. (Article 33 of the Convention on the Law of the Sea.)
The EEZ extends 200 nautical miles from the baseline. The EEZ is recognized in the UN Convention on
the Law of the Sea. Although it is not part of the national territory, exclusive economic benefit is
reserved for the country within the zone.
By virtue of PD 1599, the Philippine declares that it has sovereign rights to explore, exploit, conserve
and manage the natural resources of the seabed, subsoil, and superjacent waters. Other states are
prohibited from using the zone except for navigation and overflight, laying of submarine cables and
pipeline, and other lawful uses related to navigation and communication.
Q: Distinguish the flag state and the flag of convenience. (2004 Bar Question) Flag state means a
ship has the nationality of the flag of the state it flies, but there must be a genuine link between the
state and the ship. (Article 91 of the Convention on the Law of the Sea) Flag of convenience refers to
a state with which a vessel is registered for various reasons such as low or non-existent taxation or
low operating costs although the ship has no genuine link with the state. (Harris, Cases and Materials
on International Law, 5th ed., 1998, p. 425.)

State is a community of persons more or less numerous, permanently occupying a definite portion
of territory, independent of external control, and possessing an organized government to which the
great body of inhabitants render habitual obedience

Elements of State
1. People - means a community of persons sufficient in number and capable of maintaining the
continued existence of the community and held together by a common bond of law. It is of no legal
consequence if they possess diverse racial, cultural, or economic interests.
2. Territory - A definite territory, consisting of land and waters and the air space above them and the
submarine areas below them, is another essential element of the modem state.
3. Government - that institution or aggregate of institutions by which an independent society makes
and carries out those rules of action which are necessary to enable men to live in a social state, or
which are imposed upon the people forming that society by those who possess the power or
authorityofprescribingthem.
4. Sovereignty or independence - the power to command and enforce obedience free from foreign
control. The source of ultimate legal authority.

The United Nations Convention on the Law of the Sea (UNCLOS)

Article2
Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil
1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in
the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the
territorial sea.
2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules
of international law.

Literally, parens patriae means father of the country. This doctrine has been defined as the inherent
power and authority of the state to provide protection to the persons and property of the
persons non-sui juris. Non-sui juris persons are those who lack the legal capacity to act on his own
behalf like the child or the insane persons.

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

SEC 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and
all government authority emanates from them.

Elements of a State (for municipal law purposes) CODE: PTSG

1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render habitual
obedience (GOVERNMENT)

Definition of “People” CODE: CNCH

1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.

Definition of “Sovereignty”-The supreme and uncontrollable power inherent in a State by which

that State is governed
1. LEGAL sovereignty
a. The supreme power to make law.
b. It is lodged in the people.
2. POLITICAL sovereignty
a. The sum total of all the influences in a state,
b. Legal and non-legal,
c. Which determine the course of law.
3. INTERNAL Sovereignty - It refers to the power of the State to control its domestic affairs. It is the
supreme power over everything within its territory.
4. EXTERNAL Sovereignty - Also known as Independence, which is freedom from external control. It
is the power of State to direct its relations with other States.

According to the Principle of AUTO-LIMITATION: Sovereignty is the property of the state-force due to
which it has the exclusive capacity of legal self-determination and self-restriction.

Imperium. State’s authority to govern. Covers such activities as passing laws, governing territory,
maintaining peace and order over it, and defending against foreign invasion. This is the authority
possessed by the State embraced in the concept of sovereignty.
Dominium. Capacity of the State to own property. Covers such rights as title to land, exploitation
and use of it, and disposition or sale of the same.

Kinds of Jurisdiction:
1. Territorial jurisdiction- authority of the state to have all persons and things within its territorial
limits to be completely subject to its control and protection.83
2. Personal jurisdiction- authority of the state over its nationals, their persons, property, and acts
whether within or outside its territory (e.g. Art. 15,CC)
3. Extra-territorial jurisdiction- authority of the State over persons, things, or acts, outside its
territorial limits by reason of their effect to its territory.

Definition of “Government”
1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by those who possess the power or
authority of prescribing them.

Classification of governments
1. De jure - one established by the authority of the legitimate sovereign
2. De facto - one established in defiance of the legitimate sovereign

Classification of de facto governments

1. De facto proper
a. That government that gets possession and control of
b. or usurps by force or by the voice of majority
c. the rightful legal government d. and maintains itself against the will of the latter.

2. Government of paramount force

a. That which is established and maintained by military forces
b. who invade and occupy a territory of the enemy
c. in the course of war.
3. That established as an independent government by the inhabitants of a country who rise in
insurrection against the parent state.

Definition of “Republican State”

It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.

Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative
and referendum. The word democratic is also a monument to the February Revolution which re-won
freedom through direct action of the people.

SEC. 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.

Kind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not
renounce defensive war.

Some "generally accepted principles of international law" recognized by the Court:

1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the
country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals (Kuroda v. Jalondoni,
83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)

Amity with all nations

This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains
a matter of executive discretion.

SEC 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.

Civilian authority/supremacy clause (1st sentence)

1. Civilian authority simply means the supremacy of the law because authority, under our
constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2nd and 3rd sentences)

1. Positively, this clause singles out the military as the guardian of the people and of the integrity of
the national territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.

Reasons [in the constitution] for the existence of the armed forces
(1) As protector of the people and the State
(2) To secure the sovereignty of the State and the integrity of the national territory.114
(3) They may be called to prevent or suppress lawless violence, invasion or rebellion.115
(4) All Members of the armed forces shall take an oath or affirmation to uphold and defend the
Constitution.116
Composition
The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo
military training and serve as may be provided by law. (Article XVI, Section 4)
On Politics
The armed forces shall be insulated from partisan politics. No member of the military shall engage
directly or indirectly in any partisan political activity, except to vote. (Article XVI, Section 5)

SEC 4. The prime duty of the Government is to serve and protect the people. The Government may
call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military, or civil service.

SEC. 5. The maintenance of peace and order, the protection of life, liberty and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the blessings
of democracy.

SEC. 6. The separation of Church and State shall be inviolable.

“Strong fences make good neighbors.” The idea is to delineate boundaries between the two
institutions and thus avoid encroachments by one against the other because of a misunderstanding
of the limits of their respective exclusive jurisdictions.
SEC. 7. The State shall pursue an independent foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty, territorial integrity, national interest, and the
right to self-determination.

SEC. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a raising standard of living, and an improved
quality of life for all.

Section 10. The State shall promote social justice in all phases of national development
Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but the
humanization of the laws and the equalization of the social and economic forces by the State so that
justice in its rational and objectively secular conception may at least be approximated.

Policy of freedom from nuclear weapons

1. The policy PROHIBITS:
a. The possession, control and manufacture of nuclear weapons
b. Nuclear arms tests.
2. The policy does NOT prohibit the peaceful uses of nuclear energy.

Section 11. The State values the dignity of every human person and guarantees full respect for
human rights.

SEC. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. It shall equally protect the life of the mother and the life of
the unborn from conception. etc.

Protection for the unborn

1. It is not an assertion that the unborn is a legal person.
2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the
mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may be
sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of
pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from the
time of conception.

Section 13. The State recognizes the vital role of the youth in nationbuilding and shall promote and
protect their physical moral, spiritual, intellectual, and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
Family” means a stable heterosexual relationship. Principle that the family is not a creature
of the state.

Section 14. The State recognizes the role of women in nationbuilding, and shall ensure the
fundamental equality before the law of women and men.

Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.
SEC. 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
1. While the right to a balanced and healthful ecology is found under the declaration of Principle and
State Policies and not under the Bill of Rights, it does not follow that it is less important than any of
the civil and political rights enumerated in the latter. (Oposa v. Factoran)
2. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from
impairing the environment. (Oposa v. Factoran)
Section 17. The State shall give priority to education, science and technology, arts, culture and
sports to foster patriotism, nationalism, accelerate social progress, and promote total human
liberation and development.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.

Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

Section 21. The State shall promote comprehensive rural development an

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within
the framework of national unity and development.

Section 23. The State shall encourage non-governmental, community-bases, or sectoral

organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-building.

Section 25. The State shall ensure the autonomy of local governments.
Decentralization of administration is merely a delegation of administrative powers to the
local government unit in order to broaden the base of governmental powers. Decentralization of
power is abdication by the national government of governmental powers.

SEC. 26. The State shall guarantee equal access to opportunities for public service, and prohibit
political dynasties as may be defined by law.

SEC. 27. The State shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.

SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.

A law was passed dividing the Philippines into three regions (Luzon, Visayas and Mindanao) each
constituting an independent state except on matters of foreign relations, national defense and
national taxation, which are vested in the Central Government. Is the law valid?
The law dividing the Philippines into three regions each constituting an independent state and
vesting in a central government matters of foreign relations, national defense and national taxation
is unconstitutional.
 1. It violates Article I, which guarantees the integrity of the national territory of the
Philippines because it divided the Philippines into three states.
2. It violates Section 1, Article II of the Constitution which provides for the establishment of
democratic and republic states by replacing it with three states organized as a confederation.
3. It violates Section 22, Article II of the Constitution, which, while recognizing and
promoting the rights of indigenous cultural communities, provides for national unity and
development.
4. It violates Section 15, Article X of the Constitution, which, provides for autonomous
regions in Muslim Mindanao and in the cordilleras within the framework of national sovereignty as
well as territorial integrity of the Republic of the Philippines. 5. It violates the sovereignty of the
Republic of the Philippines.

ARTICLE IV – CITIZENSHIP

Who are citizens of the Philippines?

1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority.
4) Those who are naturalized in accordance with law.

Modes of acquiring citizenship:

1) Jus Soli – acquisition of citizenship on the basis of place of birth
2) Jus Sanguinis – acquisition of citizenship on the basis of blood relationship
3) Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-
born citizen. Note: The Philippines follows (2) and (3)

Election of citizenship under the 1987 Constitution:

Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence,
her child would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973
Constitution, however, children born of Filipino mothers were already considered Filipinos.
Therefore, the provision on election of citizenship under the 1987 Constitution only applies to those
persons who were born under the 1935 Constitution. In order for the children to elect Filipino
citizenship, the mothers must have been Filipinos at the time of their marriage. So, if your mother
was a Filipina who married an alien under the 1935 constitution and you were born before January
17, 1973, you can elect Filipino citizenship upon reaching the age of majority.

When must the election be made:

The election must be made within a reasonable period after reaching the age of majority.

Effects of naturalization:

1) The legitimate minor children of the naturalized father become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she does not have any disqualification
which would bar her from being naturalized.

Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect
their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.
Marriage of Filipino with an alien:
1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it.

Examples of renunciation of Philippine citizenship:

1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)

Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via
repatriation proceedings. This involves taking an oath of allegiance and filing the same with the
civil registry.

How may one lose citizenship:

1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of one’s country

How may one reacquire citizenship:

1. By direct act of Congress
2. By naturalization
3. By repatriation

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

SEC. 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.

Definition of Legislative Power: The authority to make laws and to alter or repeal them. Legislative
power is vested in Congress except to the extent reserved to the people by the provision on
initiative and referendum.

Classification of legislative power: (O De CO)

1. Original – Possessed by the people in their sovereign capacity
2. Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution
3. Constituent – The power to amend or revise the Constitution
4. Ordinary – The power to pass ordinary laws

Note: The original legislative power of the people is exercised via initiative and referendum. In this
manner, people can directly propose and enact laws, or approve or reject any act or law passed by
Congress or a local government unit.

Limits on the legislative power of Congress:

1. Substantive – limitations on the content of laws. E.g. no law shall be passed establishing a state
religion.
a. Express Limitations
i. Bill of Rights
ii. On Appropriations
 iii. On Taxation
2. Procedural – limitations on the manner of passing laws. E.g. generally a bill must go through three
readings on three separate days.

Note:
Provided that these two limitations are not exceeded, Congress‟ legislative power is plenary.

Doctrine of Non-delegation of legislative powers: The rule is delegata potestas non potest delagari-
what has been delegated cannot be delegated. The doctrine rests on the ethical principle that a
delegated power constitutes not only a right but duty to be performed by the delegate by the
instrumentality of his own judgment and not through the intervening mind of another.

Rationale of the Doctrine of Non-delegability:

(1) Based on the separation of powers. (Why go to the trouble of separating the three powers of
government if they can straightaway remerge on their own notion?)
(2) Based on due process of law. Such precludes the transfer of regulatory functions to private
persons.
(3) And, based on the maxim, “degelata potestas non potest delegari” meaning what has been
delegated already cannot be further delegated.

Corollaries of legislative power:

1. Congress cannot pass irrepealable laws. Since Congress‟ powers are plenary, and limited only by
the Constitution, any attempt to limit the powers of future Congresses via an irrepealable law is not
allowed.
2. Congress, as a general rule, cannot delegate its legislative power. Since the people have already
delegated legislative power to Congress, the latter cannot delegate it any further.

EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Delegation of tariff power to the President
3. Delegation of emergency powers to the President

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW
EXECUTION. This involves either of two tasks for the administrative agencies:
1. “Filling up the details” on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a “contingent” law or provision into actual
operation.
POWERS OF CONGRESS
A. INHERENT POWERS
(1) Police power
(2) Power of eminent domain
(3) Power of taxation
(4)Implied Powers (Contempt Power)

B. EXPRESS POWERS
(1) Legislative Power
(a) Ordinary- power to pass ordinary laws
(b) Constituent - power to amend and or revise the Constitution
(2) Power of the Purse
(3) Power of Taxation
(4) Investigatory Power
(5) Oversight function
(6) Power to declare the existence of state of war
(7) Power to act as Board of Canvassers in election of President
(8) Power to call a special election for President and Vice-President.
(9) Power to judge President’s physical fitness to discharge the functions of the Presidency
(10) Power to revoke or extend suspension of the privilege of the writ of habeas corpus or
declaration of martial law.
(11) Power to concur in Presidential amnesties. Concurrence of majority of all the members of
Congress.
(12) Power to concur in treaties or international agreements. Concurrence of at least 2/3 of all the
members of the Senate.
(13) Power to confirm certain appointments/nominations made by the President)
(14) Power of Impeachment
(15) Power relative to natural resources147
(16) Power of internal organization Election of officers Promulgate internal rules Disciplinary powers
Note: Members of Congress have immunity from arrest and parliamentary immunity

Sections 2-4. SENATE

Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as may be
provided by law.

Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the election.

Note: The qualifications of both Senators and Members of the House are limited to those provided
by the Constitution. Congress cannot, by law, add or subtract from these qualifications.

Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their
election.

Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall not be considered as an interruption
in the continuity of his service for the full term for which he was elected.

Staggering of Terms. The Senate shall not at any time be completely dissolved. One-half of the
membership is retained as the other half is replaced or reelected every three years.

Reason for Staggering. The continuity of the life of the Senate is intended to encourage the
maintenance of Senate policies as well as guarantee that there will be experienced members who
can help and train newcomers in the discharge of their duties.

Sections 5-7. HOUSE OF REPRESENTATIVES

Composition:
1. Not more than 25 members, unless otherwise fixed by law; and
2. Party-list Representatives

Election of 250 members

1. They shall be elected from legislative districts apportioned among the provinces, cities and the
Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of inhabitants of each area
and on the basis of a uniform and progressive ratio.
a. Each district shall comprise, as far as practicable, contiguous, compact and adjacent
territory;
b. Each city with at least 250,000 inhabitants will be entitled to at least one representative.
c. Each province will have at least one representative.
d. Legislative districts shall be re-apportioned by Congress within 3 years after the return of
each census. According to Jack, however, while the apportionment of districts is NOT a political
question, the judiciary CANNOT compel Congress to do this.
e. The standards used to determine the apportionment of legislative districts is meant to
prevent “gerrymandering‟, which is the formation of a legislative district out of separate territories
so as to favor a particular candidate or party.

Representatives shall be elected from legislative districts and through party-list system.
a) District representatives
b) Party-list representatives
c) Sectoral representatives (these existed only until 1998)

Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately preceding the day of the election.
Domicile
Residence as a qualification means “domicile”. Normally a person’s domicile is his domicile
of origin.
If a person never loses his or her domicile, the one year requirement of Section 6 is not of
relevance because he or she is deemed never to have left the place. (Romualdez-Marcos v.
COMELEC)
A person may lose her domicile by voluntary abandonment for a new one or by marriage to
a husband (who under the Civil Code dictates the wife’s domicile).
Change of domicile
To successfully effect a change of domicile, there must be:
o Physical Presence-Residence or bodily presence in the new locality (The change of
residence must be voluntary)
o Animus manendi -Intention to remain in the new locality (The purpose to remain in or at
the domicile of choice must be for an indefinite period of time)
o Animus non revertendi-Intention to abandon old domicile

Term of Office
1. Each member of the House shall be elected for a term of three (3) years which shall commence
(unless otherwise provided for by law) at noon on 30 June next following their election.
2. Voluntary renunciation of office for any length of time shall not be considered as an interruption
in the continuity of his service for the full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more than three (3) consecutive terms.

Distinctions between Term and Tenure

1. Definition
a. Terms means the period during which the elected officer is legally authorized to assume his office
and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his position.

Why three years?

One purpose in reducing the term for three years is to synchronize elections, which in the case of the
Senate are held at threeyear intervals (to elect one-half of the body) and in the case of the President
and Vice-President every six years.

2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office automatically
vacated when the holder thereof files a certificate of candidacy for another elective office (except
President and Vice-President) is valid, as it only affects the officers tenure and NOT his constitutional
term.

Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the party-list system
(thus a maximum of 50 party-list members of the House) The 2% threshold requirement and the 3
seat-limit provided in RA 7941 are valid.
2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98
terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral
representatives are to be appointed by the President until legislation otherwise provides.
3. Mechanics of the party-list system:
a. Registered organizations submit a list of candidates in order of priority.
b. During the elections, these organizations are voted for at large.
c. The number of seats that each organization gets out of the 20% allotted to the system
depends on the number of votes they get.

Party-list System. (RA 7941) The party-list system is a mechanism of proportional representation in
the election of representatives of the House of Representatives from national, regional, and sectoral
parties or organizations or coalitions thereof registered with the Commission on Elections.
Political Parties. Political parties may participate in the party-list system (as long as they comply with
the guidelines in Section 5 of RA 7941.) (Ang Bagong Bayani v. COMELEC)

4. Qualifications
a. Natural born citizen of the Philippines
b. At least 25 years of age on the day of the election
c. Able to read and write
Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members
of the House of Representatives shall be held on the second Monday of May.
Regular election - A person holding office in the House must yield his or her seat to the
person declared by the COMELEC to be the winner. The Speaker shall administer the oath to the
winner.
SEC. 9. In case of vacancy in the Senate or in the House of Representatives, a SPECIAL ELECTION may
be 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.
In a special election to fill a vacancy, the rule is that a statute that expressly provides that an
election to fill a vacancy shall be held at the next general elections, fixes the date at which the
special election is to be held and operates as the call for that election.
Special Election (R.A. 6645)
1. No special election will be called if vacancy occurs:
a. at least eighteen (18) months before the next regular election for the members of
the Senate;
b. at least one (1) year before the next regular election members of Congress
2. The particular House of Congress where vacancy occurs must pass either a resolution if
Congress is in session or the Senate President or the Speaker must sign a certification, if Congress is
not in session,
a. declaring the existence of vacancy;
b. calling for a special election to be held within 45 to 90 days from the date of the
resolution or certification.
3. The Senator or representative elected shall serve only for the unexpired term.

SEC. 10. Salaries of Senators and Members of the House

Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be determined by law.

Rule on increase in salaries:

No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT
TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING
SUCH INCREASE.

Note: Since the Constitution „provides for rules on “salaries” and not on „emoluments,‟ our
distinguished legislators can appropriate for themselves other sums of money such as travel
allowances, as well as other side „benefits.‟

SEC. 11: CONGRESSIONAL IMMUNITIES - A Senator or Member of the House of Representatives

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

Privilege. A member of Congress is privileged from arrest while Congress is in session in all offenses
(criminal or civil) not punishable by more than 6 years imprisonment.
Purpose. Privilege is intended to ensure representation of the constituents of the member of
Congress by preventing attempts to keep him from attending sessions.
Scope. Parliamentary immunity only includes the immunity from arrest, and not of being filed suit.
Limitations on Parliamentary Immunity
1. Crime has a maximum penalty of not more than 6 years;
2. Congress is in session, whether regular or special;
3. Prosecution will continue independent of arrest;
4. Will be subject to arrest immediately when Congress adjourns.

1.) Immunity from arrest:

 a. Legislators are privileged from arrest while Congress is “in session” with respect to
offenses punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or
special session, the immunity from arrest applies.
b. If Congress is in recess, members thereof may be arrested.
c. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

2.) Legislative privilege:

a. No member shall be questioned or held liable in any forum other than his/her respective
Congressional body for any debate or speech in the Congress or in any Committee thereof.
b. Limitation on the privilege:
(i) Protection is only against forum other than Congress itself. Thus for inflammatory
remarks which are otherwise privileged, a member may be sanctioned by either the Senate or the
House as the case may be.
(ii) The „speech or debate‟ must be made in performance of their duties as
members of Congress. This includes speeches delivered, statements made, votes cast, as well as
bills introduced, and other activities done in performance of their official duties.
(iii) Congress need NOT be in session when the utterance is made, as long as it forms
part of „legislative action,‟ i.e. part of the deliberative and communicative process used to
participate in legislative proceedings in consideration of proposed legislation or with respect to
other matters with Congress‟ jurisdiction.

SEC. 12. All Members of the Senate and the House of Representatives shall, upon assumption of
office, make a full disclosure 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.

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:
DISQUALIFICATION WHEN APPLICABLE
1. Senator/Member of the House cannot hold During his term. If he does so, he forfeits his
any other office or employment in the seat.
Government or any subdivision, agency or
Instrumentality thereof, including GOCCS or their
subsidiaries.
2. Legislators cannot be appointed to any office. IF the office was created or the emoluments
thereof increased during the term for which he
was elected.
3. Legislators cannot personally appear as During his term of office.
counsel before any court of justice, electoral
tribunal, quasi-judicial and administrative
bodies.
4. Legislators cannot be financially interested During his term of office.
directly or indirectly in any contract with or in
any franchise, or special privilege granted by the
Government, or any subdivision, agency or
instrumentality thereof, including any GOCC or
its subsidiary.
5. Legislators cannot intervene in any matter When it is for his pecuniary benefit or where he
before any office of the government. may be called upon to act on account of his
office.
SEC. 15: REGULAR AND SPECIAL SESSIONS
Regular Sessions:
1.) Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by
law)
2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular
session, excluding Saturdays, Sundays, and legal holidays.
Special Sessions:
Called by the President at any time when Congress is not in session.
Mandatory recess. A mandatory recess is prescribed for the thirty-day period before the opening of
the next regular session, excluding Saturdays, Sundays and legal holidays. This is the minimum
period of recess and may be lengthened by the Congress in its discretion. It may however, be called
in special session at any time by the President.
Joint Sessions
a. Voting Separately
i) Choosing the President
ii) Determine President’s disability
iii) Confirming nomination of the Vice-President
iv) Declaring the existence of a state of war
v) Proposing constitutional amendments
b. Voting Jointly To revoke or extend proclamation suspending the privilege of the writ of
habeas corps or placing the Philippines under martial law.
SEC. 16. Officers:
1.) Senate President;
2.) Speaker of the House; and
3.) Each House may choose such other officers as it may deem necessary.
Election of Officers
By a majority vote of all respective members.

Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may compel the attendance of absent
members.
3. In computing a quorum, members who are outside the country and thus outside of each House’s
coercive jurisdiction are not included.

Internal Rules:
1. Each House shall determine its own procedural rules.
2. Since this is a power vested in Congress as part of its inherent powers, under the principle of
separation of powers, the courts cannot intervene in the implementation of these rules insofar as
they affect the members of Congress.
3. Also, since Congress has the power to make these rules, it also has the power to ignore them
when circumstances so require.

Discipline:
1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.
2.) Expulsion
a. Concurrence of 2/3 of ALL its members.
Each House may punish its Members for disorderly behavior. Not subject to judicial review.
Disciplinary action taken by Congress against a member is not subject to judicial review because
each House is the sole judge of what disorderly behavior is.

Preventive Suspension v. Punitive Suspension. A congressman may be suspended as a preventive

measure by the Sandiganbayan. The order of suspension prescribed by the Anti-Graft and Corrupt
Practices Act is distinct from the power of congress to police its own ranks under the Constitution.
The suspension contemplated in the constitutional provisions is a punitive measure that is imposed
upon determination by a House upon an erring member. The suspension spoken in AGCPA is not a
penalty but a preventive measure. The doctrine of separation of powers by itself may not be
deemed to have excluded members of Congress from AGCPA. The law did not exclude from its
coverage the members of the Congress and therefore the Sandiganbayan may decree a preventive
suspension order

Congressional Journals and Records:

1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the
presiding officers of each House. Thus where the certifications are valid and are not withdrawn, the
contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular
bill.
What is a journal? The journal is usually an abbreviated account of the daily proceedings.180 A
legislative journal is defined as “the official record of what is ‘done and past’ in a legislative [body]. It
is so called because the proceedings are entered therein, in chronological order as they occur from
day to day.
Purpose of the requirement that a journal be kept:
(1) To insure publicity to the proceedings of the legislature, and a correspondent
responsibility of the members of their respective constituents; and
(2) To provide proof of what actually transpired in the legislature. (Field v. Clark)
What may be excluded. The Constitution exempts from publication parts which in the judgment of
the House affect national security.
Matters which, under the Constitution, are to be entered in the journal:
1. Yeas and nays on third and final reading of a bill.
2. Veto message of the President
3. Yeas and nays on the repassing of a bill vetoed by the President
4. Yeas and nays on any question at the request of 1/5 of members present
Journal vs. Extraneous evidence. The Journal is conclusive upon the Courts (US v. Pons)
What is a Record? The Record contains a word for word transcript of the deliberation of Congress.

Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in session without
the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are sitting, without
the consent of the other.
Enrolled Bill. One which has been duly introduced, finally passed by both houses, signed by the
proper officers of each, approved by the [president].
Enrolled bill doctrine: The signing of a bill by the Speaker of the House and the Senate President and
the certification by the secretaries of both Houses of Congress that such bill was passed are
conclusive of its due enactment.
Where the conference committee report was approved by the Senate and the HR and the bill is
enrolled, the SC may not inquire beyond the certification and approval of the bill, and the enrolled
bill is conclusive upon the judiciary
Underlying Principle of the Doctrine. Court is bound under the doctrine of separation of powers by
the contents of a duly authenticated measure of the legislature.
Enrolled bill vs. Journal Entry: The enrolled bill is the official copy of approved legislation and bears
the certification of the presiding officers of the legislative body. The respect due to a co-equal
department requires the courts to accept the certification of the presiding officer as conclusive
assurance that the bill so certified is authentic. (Casco Philippine Chemical Co. v. Gimenez) However,
If the presiding officer should repudiate his signature in the “enrolled bill”, the enrolled will not
prevail over the Journal. This is because the enrolled bill theory is based mainly on the respect due
to a co-equal department. When such co-equal department itself repudiates the enrolled bill, then
the journal must be accepted as conclusive.
Enrolled bill v. Matters required to be entered in the journals. The Supreme Court has explicitly left
this matter an open question in Morales v. Subido.
Remedy for Mistakes. If a mistake was made in printing of the bill before it was certified by Congress
and approved by the President, the remedy is amendment or corrective legislation, not judicial
decree.

Section 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have an Electoral Tribunal which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be. The senior Justice in the Electoral
Tribunal shall be its Chairman.

Note: The congressional members of the ET’s shall be chosen on the basis of proportional
representation from the political parties and party-list organizations.

Jurisdiction:
1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and
qualifications of their respective members. This includes determining the validity or invalidity of a
proclamation declaring a particular candidate as the winner.
2.) An ‘election contest‟ is one where a defeated candidate challenges the qualification and claims
for himself the seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of each
House to expel its own members or even to defer their oath-taking until their qualifications are
determined may still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:

1.) Since the ET’s are independent constitutional bodies, independent even of the House from which
the members are respectively taken, neither Congress nor the Courts may interfere with procedural
matters relating to the functions of the ET’s, such as the setting of deadlines or filing their election
contests with the respective ETs.
2.) The ETs being independent bodies, its members may not be arbitrarily removed from their
positions in the tribunal by the parties which they represent. Neither may they be removed for not
voting according to party lines, since they are acting independently of Congress.
3.) The mere fact that the members of either the Senate or the House sitting on the ET are those
which are sought to be disqualified due to the filing of an election contest against them does not
warrant all of them from being disqualified from sitting in the ET. The Constitution is quite clear that
the ET must act with both members from the SC and from the Senate or the House. If all the
legislator-members of the ET were to be disqualified, the ET would not be able to fulfill its
constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or
resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion
constituting denial of due process.

Section 18: THE COMMISSION ON APPOINTMENTS

Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.

Note: The 12 Senators and 12 Representatives are elected on the basis of proportional
representation from the political parties and party-list organizations.

Voting/Action
1.) The chairman shall only vote in case of a tie.
2.) The CA shall act on all appointments within 30 session days from their submission to Congress.
3.) The Commission shall rule by a majority vote of all the Members.

Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the following positions:
a. Heads of the Executive Departments (except if it is the Vice-President who is appointed to
the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC
members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an office created by such
law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while Congress is not
in session shall only be effective until disapproval by the CA or until the next adjournment of
Congress.

Meetings of the CA
1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are also outside
the scope of congressional powers as well as that of the judiciary.

Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of
Representative shall have been organized with the election of the President and the Speaker.

Sections 21-22: LEGISLATIVE INQUIRIES

Scope:
1. Either House or any of their committees may conduct inquires „in aid of legislation‟.
2. “In aid of legislation” does not mean that there is pending legislation regarding the subject of the
inquiry. In fact, investigation may be needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence of violations of the law, the
investigation is no longer „in aid of legislation‟ but „in aid of prosecution‟. This violates the principle
of separation of powers and is beyond the scope of congressional powers.
Enforcement:
1. Since experience has shown that mere requests for information does not usually work, Congress
has the inherent power to punish recalcitrant witnesses for contempt, and may have them
incarcerated until such time that they agree to testify.
2. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once
the body ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well.
Thus, each „Congress‟ of the House lasts for only 3 years. But if one is incarcerated by the Senate, it
is indefinite because the Senate, with its staggered terms, is a continuing body.
3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the
inquiry is within the scope of Congress‟ powers. i.e. it is in aid of legislation.
4. The materiality of a question is determined not by its connection to any actually pending
legislation, but by its connection to the general scope of the inquiry.
5. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot
be exercised by local government units unless they are expressly authorized to do so.

Limitations:
1. The inquiry must be conducted in accordance with the duly published rules of procedure‟ of the
House conducting the inquiry; and
2. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right
against self-incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equals with those of the legislative
department, under the principle of separations of powers, department heads cannot be compelled
to appear before Congress. Neither may the department heads impose their appearance upon
Congress.
2. Department heads may appear before Congress in the following instances:
a. Upon their own initiative, with the consent of the President (and that of the House
concerned); or
b. Upon the request of either House (which cannot compel them to attend)
3. The appearance will be conducted in EXECUTIVE SESSION when:
a. Required by the security of state or required by public interest; and b. When the President
so states in writing

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)

1. 2/3 of both Houses, in joint session
2. Voting separately

Emergency powers:
1. During times of war or other national emergency, Congress may, BY LAW, authorize the President
to exercise powers necessary and proper to carry out a declared national policy.
2. Limitations:
a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by Congress
3. Expiration of emergency powers
a. By resolution of Congress or
b. Upon the next adjournment of Congress
Sections 24-27, 30-31 LEGISLATION

Bills that must originate from the House of Representatives (Section 24) CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills

Note: The Senate may, however, propose or concur with amendments.

Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the
public treasury.
2. Thus, a bill enacting the budget is an appropriations bill.
3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill.

Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy.
2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram
Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill.

Bills of local application

A bill of local application, such as one asking for the conversion of a municipality into a city, is
deemed to have originated from the House provided that the bill of the House was filed prior to the
filing of the bill in the Senate even if, in the end, the Senate approved its own version.

Limitations:
1. For appropriation bills:
a. Congress cannot increase the appropriations recommended by the President for the
operation of the Government as specified in the budget.
b. Each provision or enactment in the General Appropriations Bill must relate specifically to
some particular appropriation therein and any such provision or enactment must be limited in its
operation to the appropriation to which it relates.
c. The procedure in approving appropriations for Congress shall strictly follow the procedure
for approving appropriations for other departments and agencies.
d. A special appropriations bill must specify the purpose for which it is intended and must be
supported by funds actually available as certified by the National Treasurer or to be raised by a
corresponding revenue proposal therein.
e. Transfer of appropriations:
i. Rule: No law shall be passed authorizing any transfer of appropriations
ii. BUT the following may, BY LAW, be authorized to AUGMENT any item in the
general appropriations law for their respective offices from savings in other items of their
respective appropriations
- President
- President of the Senate
- Speaker of the House of Representatives
- Chief of Justice of the Supreme Court
- Heads of the Constitutional Commissions
f. Discretionary funds appropriated for particular officials shall be:
 i. Disbursed only for public purposes;
ii. Should be supported by appropriate vouchers; and
iii. Subject to guidelines as may be prescribed by law.
g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.
2. For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.
3. For bills in general
a. Every bill shall embrace only one (1) subject, as expressed in the title thereof
i. As a mandatory requirement
ii. The title does not have to be a complete catalogue of everything stated in the
bill. It is sufficient if the title expresses the general subject of the bill and all the provisions of the
statute are germane to that general subject.
iii. A bill which repeals legislation regarding the subject matter need not state in the
title that it is repealing the latter. Thus, a repealing clause in the bill is considered germane to the
subject matter of the bill.
b. Readings
1. In order to become a law, each bill must pass three (3) readings in both Houses.
2. General rule: Each reading shall be held on separate days & printed copies thereof
in its final form shall be distributed to its Members three (3) days before its passage.
3. Exception: If a bill is certified as urgent by the President as to the necessity of its
immediate enactment to meet a public calamity or emergency, the 3 readings can be held
on the same day.
4. First reading – only the title is read; the bill is passed to the proper committee
Second reading – Entire text is read and debates are held, and amendments
introduced.
Third reading – only the title is read, no amendments are allowed. Vote shall be
taken immediately thereafter and the yeas and nays entered in the journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to and signed by the President.
2. If the President does not approve of the bill, he shall veto the same and return it with his
objections to the House from which it originated. The House shall enter the objections in the Journal
and proceed to reconsider it.
3. The President must communicate his decision to veto within 30 days from the date of receipt
thereof. If he fails to do so, the bill shall become a law as if he signed it.
4. This rule eliminates the „pocket veto‟ whereby the President would simply refuse to act on the
bill.
5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill.
In such case, the veto is overriden and becomes a law without need of presidential approval.
6. Item veto
a. The President may veto particular items in an appropriation, revenue or tariff bill.
b. This veto will not affect items to which he does not object.
c. Definition of item
TYPE OF BILL ITEM
1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon
2. Appropriations bill Indivisible sum dedicated to a stated purpose
d. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated in
the bill.
 2. Since it is an invalid provision under Section 25(2), the President may veto it as an
item.

Specific limitations on legislation

1. No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without the SC’s
advice and concurrence.
2. No law shall be enacted granting titles of royalty or nobility.

Section 28. POWER TO TAX

Limitations:
1) The rule of taxation should be UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation.
4) The power to tax must be exercised for a public purpose because the power exists for the general
welfare
5) The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates

1) Congress may, BY LAW, authorize the President to fix the following:
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts Within the framework of the national development program of
the Government
2) The exercise of such power by the President shall be within the specified limits fixed by Congress
and subject to such limitations and restrictions as it may impose.

Constitutional tax exemptions:

1) The following properties are exempt from REAL PROPERTY taxes (CODE: Cha Chu M- CA)
a) Charitable institutions
b) Churches, and parsonages or convents appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually, directly and exclusively used for religious,
charitable, or educational purposes.
2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from
taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively used
for educational purposes. (Art. XIV Sec 4 (3))
3) Grants, endowments, donations or contributions used actually, directly and exclusively for
educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art.
XIV. Sec 4 (4))

Section 29. Power of the Purse

1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation
made by law.
a) This places the control of public funds in the hands of Congress.
b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is
because the rule does not require yearly, or annual appropriation.
2) Limitations.
a) Appropriations must be for a PUBLIC PURPOSE
 b) Cannot appropriate public funds or property, directly or indirectly, in favor of
(i) Any sect, church, denomination, or sectarian institution or system of religion or
(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.
EXCEPT if the priest, etc is assigned to:
- the Armed Forces; or
- any penal institution; or
- government orphanage; or
- leprosarium
c) BUT the government is not prohibited from appropriating money for a valid secular
purpose, even if it incidentally benefits a religion, e.g. appropriations for a national police
force is valid even if the police also protects the safety of clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid, as long as the
property is available for all religions
3) Special Funds
a) Money collected on a tax levied for a special purpose shall be treated as a special fund
and paid out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the
general funds of the Government

Section 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, 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.
2) Required Petition
a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the registered voters
c) Petition should be registered

ARTICLE VII. THE EXECUTIVE DEPARTMENT

Section 1. EXECUTIVE POWER

Scope:
1) Executive power is vested in the President of the Philippines.
2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to
those set forth therein. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the
President as the Chief Executive of the country, which powers include others not set forth in the
Constitution. EXAMPLE: The President is immune from suit and criminal prosecution while he is in
office.
3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. It
may also be waived by the President, as when he himself files suit.
4) BUT The President CANNOT dispose of state property unless authorized by law.

POWERS OF THE PRESIDENT

Constitutional Powers of the President
1. Executive Power
2. Power of Appointment
3. Power of Control
4. Military Powers
5. Pardoning Power
6. Borrowing Power
7. Diplomatic Power
8. Budgetary Power
9. Informing Power
10. Other Powers
a. Call Congress to a Special Session
b. Power to approve or veto bills
c. To consent to deputation of government personnel by the Commission on Elections
d. To discipline such deputies
e. Emergency powers by delegation from Congress
f. Tariff Powers by delegation from Congress
g. General Supervision over local governments and autonomous regional governments

Section 2. QUALIFICATIONS
1) Natural-born citizen of the Philippines
2) Registered voter;
3) Able to read and write;
4) At least 40 years old on the day of election
5) Philippine resident for at least 10 years immediately preceding such election.

Note: The Vice-President has the same qualifications & term of office as the President. He is elected
with & in the same manner as the President. He may be removed from office in the same manner as
the President.

Section 4. MANNER OF ELECTION/ TERM OF OFFICE

Manner of Election
1) The President and Vice-President shall be elected by direct vote of the people.
2) Election returns for President and Vice-President, as duly certified by the proper Board of
Canvassers shall be forwarded to Congress, directed to the Senate President.
3) Not later than 30 days after the day of the election, the certificates shall be opened in the
presence of both houses of Congress, assembled in joint public session.
4) The Congress, after determining the authenticity and due execution of the certificates, shall
canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the
members of both Houses, voting separately. In case this results in a deadlock, the Senate President
shall be the acting President until the deadlock is broken.
7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election,
returns, and qualifications of the President or Vice-President and may promulgate its rules for the
purpose.
Two Kinds of Privilege under In re: Sealed Case (Neri v. Senate)
Presidential Communications Privilege Deliberative Process Privileg
Pertains to communications, documents or other Includes advisory opinions, recommendations
materials that reflect presidential decision and deliberations comprising part of a process by
making and deliberations that the President which governmental decisions and policies are
believes should remain confidential formulated
Applies to decision making of the President Applies to decision making of executive officials
Rooted in the constitutional principle of Rooted on common law privileges
separation of powers and the President’s unique
constitutional role
Applies to documents in their entirety and
covers final and post decisional materials as well
as predeliberative ones
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately following the election and ending at
noon on the same day 6 years later.
b) Term limitation: Single term only; not eligible for any reelection.
c) Any person who has succeeded as President, and served as such for more than 4 years
shall NOT be qualified for election to the same office at any time.
2) Vice-President:
a) 6 years, starting and ending the same time as the President.
b) Term limitation: 2 successive terms.
c) Voluntary renunciation of the office for any length of time is NOT an interruption in the
continuity of service for the full term for which the Vice-President was elected.

Presidential Electoral Tribunal - The Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns, and qualifications of the President or Vice-President, and
may promulgate its rules for the purpose.

Section 6. SALARIES AND EMOLUMENTS

1) Official salaries are determined by law.
2) Salaries cannot be decreased during the TENURE of the President and the VicePresident.
3) Increases take effect only after the expiration of the TERM of the incumbent during which the
increase was approved.
4) Prohibited from receiving any other emolument from the government or any other source during
their TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the term

VACANCY SUCCESSOR
President-elect fails to qualify or to be chosen VP-elect will be Acting President until someone
is qualified/chosen as President.
President-elect dies or is permanently disabled. VP becomes President.
Both President and VP-elect are not chosen or 1. Senate President or
do not qualify or both die, or both become 2. In case of his inability, the Speaker of the
permanently disabled. House shall act as President until a President or a
VP shall have been chosen and qualified.
In case of death or disability of (1) and (2),
Congress shall determine, by law, who will be
the acting President.

2. Vacancies after the office is initially filled:

VACANCY
President dies, is permanently disabled, is
impeached, or resigns.
Both President and Vice-President die, become
permanently disabled, are impeached, or resign.
SUCCESSOR
Vice-President becomes President for the
unexpired term.
1. Senate President or
2. In case of his inability, the Speaker of the
House shall act as President until the President
or VP shall have been elected and qualified.
3) Vacancy in office of Vice-President during the term for which he was elected:
a) President will nominate new VP from any member of either House of Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL members of both
Houses, voting separately. (Nominee forfeits seat in Congress)
4) Election of President and Vice-President after vacancy during tem
a) Congress shall convene 3 days after the vacancy in the office of both the President and
the VP, without need of a call. The convening of Congress cannot be suspended.
b) Within 7 days after convening, Congress shall enact a law calling for a special election to
elect a President and a VP. The special election cannot be postponed.
c) The special election shall be held not earlier than 45 days not later than 60 days from the
time of the enactment of the law.
d) The 3 readings for the special law need not be held on separate days.
e) The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the
date of the next presidential election.
5) Temporary disability of the President:
The temporary inability of the President to discharge his duties may be raised in either of
two ways:
a) By the President himself, when he sends a written declaration to the Senate President and
the Speaker of the House. In this case, the Vice-President will be Acting President until the President
transmits a written declaration to the contrary.
b) When a majority of the Cabinet members transmit to the Senate President and the
Speaker their written declaration.
(i) The VP will immediately be Acting President.
(ii) BUT: If the President transmits a written declaration that he is not disabled, he
reassumes his position
(iii) If within 5 days after the President re-assumes his position, the majority of the
Cabinet retransmits their written declaration, Congress shall decide the issue. In this event,
Congress shall reconvene within 48 hours if it is not in session, without need of a call.
(iv) Within 10 days after Congress is required to assemble, or 12 days if Congress is
not in session, a 2/3 majority of both Houses, voting separately, is needed to find the President
temporarily disabled, in which case, the VP will be Acting President.
6) Presidential Illness:
a) If the President is seriously ill, the public must be informed thereof.
b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs,
and the Chief of Staff of the AFP are entitled to access to the President

Section 13. DISQUALIFICATIONS

SUBJECT
President, Vice-President, Cabinet Members, Prohibited from:
Deputies or Assistants of Cabinet Members
SOURCE OF DISQUALIFICATION
1. Holding any office or employment during their
tenure, UNLESS:
a. otherwise provided in the Constitution (e.g.
VP can be appointed a Cabinet Member, Sec. of
Justice sits on Judicial and Bar Council); or
b. the positions are ex-officio and they do not
receive any salary or other emoluments therefor
(e.g. Sec. of Finance is head of Monetary Board).
2. Practicing, directly or indirectly, any other
 profession during their tenure;
3. Participating in any business;
4. Being financially interested in any contract
with, or in any franchise, or special privilege
granted by the government or any subdivision,
agency or instrumentality thereof, including
GOCC's or their subsidiaries.

N.B. The rule on disqualifications for the

Spouses and 4th degree relatives of the Cannot be appointed during President’s tenure
President (consanguinity or affinity)
President and his Cabinet are stricter than the
normal rules applicable to appointive and
elective officers under Art. IX-B, Sec. 7.
as:
1. Members of the Constitutional Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or offices
including GOCC‟s and their subsidiaries.

N.B.
a. If the spouse, etc., was already in any of the
above offices at the time before his/her spouse
became President, he/she may continue in
office. What is prohibited is appointment and
reappointment, NOT continuation in office.
b. Spouses, etc., can be appointed to the
judiciary and as ambassadors and consuls.

Sections 14-16. POWER TO APPOINT

Principles:
1) Since the power to appoint is executive in nature, Congress cannot usurp this function.
2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for
particular offices, the determination of who among those who are qualified will be appointed is the
President’s prerogative.

Scope:
The President shall appoint the following:
1) Heads of executive departments (CA confirmation needed):
2) Ambassadors, other public ministers, and consuls (CA confirmation needed).
3) Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
4) Other officers whose appointment is vested in him by the Constitution (CA confirmation needed),
such as:
a) Chairmen and members of the COMELEC, COA and CSC.
b) Regular members of the Judicial and Bar Council.
c) The Ombudsman and his deputies;
d) Sectoral representatives in Congress.
 N.B. President also appoints members of the Supreme Court and judges of the lower
courts, but these appointments do not need CA confirmation.
5) All other officers whose appointments are not otherwise provided for by law; and those whom he
may be authorized by law to appoint.
a) This includes the Chairman and members of the Commission on Human Rights, whose
appointments are provided for by law NOT by the Constitution.
b) Congress may, by law, vest the appointment of other officers lower in rank in the
President alone or in the courts, or in the heads of departments, agencies, boards or commissions.
c) BUT: Congress cannot, by law, require CA confirmation of the appointment of other
officers for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko
Sentral Governor).
d) ALSO: Voluntary submission by the President to the CA for confirmation of an
appointment which is not required to be confirmed does not vest the CA with jurisdiction. The
President cannot extend the scope of the CA‟s power as provided for in the Constitution.

Procedure:
1) CA confirmation needed:
a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can
withdraw the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.

Ad-interim appointments:
1) When Congress is in recess, the President may still appoint officers to positions subject to CA
confirmation.
2) These appointments are effective immediately, but are only effective until they are disapproved
by the CA or until the next adjournment of Congress.
3) Appointments to fill an office in an „acting‟ capacity are NOT ad-interim in nature and need no CA
approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90 days from his
assumption or re-assumption of office.

Limitation
1) 2 months immediately before the next Presidential elections, and up to the end of his term, the
President or Acting President SHALL NOT make appointments. This is to prevent the practice of
“midnight appointments.”
2) EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger public safety.

Section 17. Power of Control and Supervision

Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer has done in the
performance of his duties, and to substitute the judgment of the officer for that of his subordinate.
Thus, the President exercises control over all the executive departments, bureaus, and offices.
The President’s power over government-owned corporations comes not from the Constitution but
from statute. Hence, it may be taken away by statute.

Qualified Political Agency:

1) Since all executive and administrative organizations are adjuncts of the Executive Department, the
heads of such departments, etc. are assistants and agents of the President.
2) Thus, generally the acts of these department heads, etc, which are performed and promulgated in
the regular course of business, are presumptively the acts of the President.
3) Exception: If the acts are disapproved or reprobated by the President.
4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the
President in order to comply with the requirement of exhaustion of administrative remedies.
5) Qualified political agency does NOT apply if the President is required to act in person by law or by
the Constitution. Example: The power to grant pardons must be exercised personally by the
President.

Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to appoint the, and NOT
from the power control.
2) BUT While the President may remove from office those who are not entitled to security of tenure,
or those officers with no set terms, such as Department Heads, the officers, and employees entitled
to security of tenure cannot be summarily removed from office.

Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are faithfully executed by
subordinates.
2) The power of the president over local government units is only of general supervision. Thus, he
can only interfere with the actions of their executive heads if these are contrary to law.
3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of
laws.
4) The power of supervision does not include the power of control; but the power of control
necessarily includes the power of supervision.

Section 18. COMMANDER-IN-CHIEF POWERS

Scope:
1) The President is the Commander-in-Chief of the Armed Forces.
2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of habeas corpus; and
b) Proclaim a state of martial law.
Martial law in its strict sense refers to that law which has application when civil authority calls upon
the military arm to aid it in its civil function. Military arm does not supersede civil authority. Martial
law in the Philippines is imposed by the Executive as specifically authorized and within the limits set
by the Constitution. Martial law is essentially police power. This is borne out of the constitutional
text which sets down “public safety” as the object of the exercise of martial law. Public safety is the
concern of police power.
Proclamation of Martial Law. In case of invasion or rebellion, when the public safety requires it, [the
President] may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under martial law
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds
a. Invasion or
b. Rebellion; and
c. Public safety requires it.
2. The invasion or rebellion must be ACTUAL and not merely imminent.
3. Limitations:
a. Suspension or proclamation is effective for only 60 days.
b. Within 48 hours from the declaration or suspension, the President must submit a report
to Congress.
c. Congress, by majority vote and voting jointly, may revoke the same, and the President
cannot set aside the revocation.
d. In the same manner, at the President’s initiative, Congress can extend the same for a
period determined by Congress if:
i. Invasion or rebellion persist and
ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.

e. Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.
f. Martial Law does NOT:
i. Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts
are able to function and iv. Automatically suspend the privilege of the writ.

g. Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly
connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3 days.
Otherwise he should be released.
Note: While the suspension of the privilege of writ and the proclamation of martial
law is subject to judicial review, the actual use by the President of the armed forces is not. Thus,
troop deployments in times of war is subject to the President’s judgment and discretion.

Section 19: EXECUTIVE CLEMENCY

Scope:
1.) The President may grant the following: [ Pa R C Re] (Forms of Executive Clemency)
a. Pardons (conditional or plenary)- act of grace which exempts the individual on whom it is
bestowed form the punishment which the law inflicts for the crime he has committed.
b. Reprieves - a postponement of a sentence to a date certain, or a stay in the execution
c. Commutations - reduction or mitigation of the penalty.
d. Remittance of fines
 e. Forfeitures
f. Amnesty - commonly denotes the ‘general pardon to rebels for their treason and other
high political offenses’.
2.) These may only be granted AFTER conviction by final judgment.
3.) ALSO: The power to grant clemency includes cases involving administrative penalties.
4.) Where a conditional pardon is granted, the determination of whether it has been violated rests
with the President.

Limitations:
1.) As to scope:
Cannot be granted:
a.) Before conviction
b.) In cases of impeachment
c.) For violations of election laws, rules, and regulation without the favorable
recommendation of the COMELEC
d.) In cases of civil or legislative contempt
2.) As to effect:
a.) Does not absolve civil liabilities for an offense.
b.) Does not restore public offices already forfeited, although eligibility for the same
may be restored.
Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups of persons who
commit political offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority of all
the members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the offense which is
subject to such amnesty. If his application is denied, he can be convicted based on this admission of
guilt.
4.) Amnesty V. Pardon
AMNESTY PARDON
Addressed to POLITICAL offenses Addressed to ORDINARY offenses
Granted to a CLASS of persons Granted to INDIVIDUALS
Need not be accepted Must be accepted
Requires concurrence of majority of all members No need for Congressional concurrence
of Congress
A public act. Subject to judicial notice Private act of President. It must be proved.
Amnesty looks backward. Extinguishes the Pardon looks forward.
offense itself Only penalties are extinguished. May or may not
restore political rights. Absolute pardon restores.
Conditional does not.
Civil indemnity is not extinguished.
May be granted before or after conviction Only granted after conviction by final judgement

Classification of Pardon
1. Plenary- Extinguishes all the penalties imposed upon the offender, including accessory disabilities.
2. Partial-Does not extinguish all the penalties.
3. Absolute- One extended without any strings attached.
4. Conditional- One under which the convict is required to comply with certain requirements.
a. Pardonee may reject conditional pardon. Where the pardon is conditional, the offender
has the right to reject the same since he may feel that the condition imposed is more onerous than
the penalty sought to be remitted358
 b. Condition, lawful. It is necessary that the condition should not be contrary to any
provision of law.359
c. Condition, co-extensive. The condition of the pardon shall be co-extensive with the
penalty remitted. Hence, if the condition is violated after the expiration of the remitted penalty,
there can no longer be violation of the conditional pardon.
d. When the condition is that the recipient of the pardon should not violate any of the penal
laws, who determines whether penal laws have been violated? Must the recipient of pardon
undergo trial and be convicted for the new offenses? The rule that is followed is that the acceptance
of the conditions of the pardon imports the acceptance of the condition that the President will also
determine whether the condition has been violated. (Torres v. Gonzales, 152 SCRA 272 (1987))
(1997, 2005 Bar Question)

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:
(1) The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board; and
(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements
(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all
Senators in order to be valid and effective in our country.
(b) Options of Senate when a treaty is submitted for its approval:
(i) Approve with 2/3 majority;
(ii) Disapprove outright; or
(iii) Approve conditionally, with suggested amendments.
(c) If treaty is not re-negotiated, no treaty
(d) If treaty is re-negotiated and the Senate’s suggestions are incorporated, the treaty will
go into effect without need of further Senate approval.

Note: While our municipal law makes a distinction between international agreements and
executive agreements, with the former requiring Senate approval and the latter not needing the
same, under international law, there is no such distinction.

Note: The President cannot, by executive agreement, undertake an obligation which

indirectly circumvents a legal prohibition.
(e) Conflict between treaty and municipal law.
(i) Philippine court:
The later enactment will prevail, be it treaty or law, as it is the latest
expression of the State’s will.
(ii) International tribunal
Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.

(2) Power to appoint ambassadors, other public ministers, and consuls.

(3) Power to receive ambassadors and other public ministers accredited to the Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(5) Power to deport aliens
(a) This power is vested in the President by virtue of his office, subject only to restrictions as
may be provided by legislation as regards the grounds for deportation.
 (b) In the absence of any legislative restriction to authority, the President may still exercise
this power.
(c) The power to deport aliens is limited by the requirements of due process, which entitles
the alien to a full and fair hearing.
BUT: The alien is not entitled to bail as a matter of right.