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Q: May the President merge administrative
regions?
Yes. To facilitate the exercise of power of general
supervision of local government, the president
may merge administrative regions and transfer
the regional center to Koronadal City from
Cotabato City (Republic v. Bayao, G.R. No.
179492, 2013).
2. MILITARY POWERS
Q: May the President enforce obedience to all
laws through the military?
No, The President cannot call the military to
enforce or implement certain laws such as
customs laws, those governing family and
property relations, laws on obligations and
contracts, etc. She can only order the military,
under PP1017, to enforce laws pertinent to its
duty to suppress lawless violence. (David v.
Macapagai-Arroyo, supra).

Q: Distinguish the President’s authority to Q: Is the President required to dispense his

declare a state of rebellion and the authority extraordinary powers (calling out, declaration
to proclaim a state of national emergency. of martial law, and suspension of the privilege
The authority to declare a state of rebellion of the writ of habeas corpus)
emanates from the President’s power as Chief SEQUENTIALLY?
Executive. In Sanlakas, the President’s No. The President has absolute discretion to
declaration of a state of rebellion was deemed choose which of the extraordinary powers to
harmless and without legal significance. exercise at a given time, provided that the
conditions for the valid exercise of each power
In declaring a state of national emergency, exists. (Lagman v. Medialdea, G.R. No. 231658,
(PP1017), the President did not only rely on Sec. July 4, 2017)
18, Art. VII but also on Sec. 17, Art XII of the
Constitution. Calling for the exercise of awesome Q: Is the recommendation of the defense
powers cannot be deemed harmless or without secretary necessary for the declaration of
legal significance. (David v. Macapagal-Arroyo, martial law or suspension of the writ of
G.R. No. 171396, 2006). habeas corpus?
No. The power to choose, initially, which among
Q: Is a Presidential proclamation of a state of these extraordinary powers to wield in a given set
emergency sufficient to allow the President to of conditions is a judgment call on the part of the
take over any public utility? President. (Lagman v. Medialdea, 2017)
No. Since it is an aspect of emergency powers in
accordance with § 23 (2), Art. VI of the Q: Differentiate the extraordinary powers of
Constitution, there must be a law delegating such the President
power to the President. (David v. Macagapal Calling out Suspending the
Arroyo, supra). privilege of writ of
habeas corpus
Q: What are the safeguards in the exercise of and declaration of
Congress’ grant of authority to take over martial law
private corporations and institutions under
Sec. 17, Art. XII? Most benign and Involve curtailment
1. There must be war or a declared national involves ordinary and suppression of
emergency police action civil rights and
2. Delegation is for a limited period only; individual freedom
3. Delegation is subject to restrictions
prescribed by Congress; President may invoke President may only
4. Emergency powers are exercised to carry out whenever it becomes invoke when there is
a declared national emergency. necessary to prevent actual invasion,
or suppress lawless rebellion, and public
Q: May the President issue “decrees” during violence, invasion, or safety requires it
a state of rebellion? rebellion.
No, PP1107 is unconstitutional insofar as it grants
the President the authority to promulgate
“decrees” because legislative power is peculiarly
within the province of Congress. (David v.
Macapagai-Arroyo, supra).

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President must act 1. Time limit of 60 No. The power of executive clemency cannot be
within permissible days delegated for it was not signed by the President
constitutional 2. Review and himself but by the Executive Secretary. Also, it
boundaries or in a possible cannot extend to administrative cases in the
manner not revocation by Judiciary because it will violate the principle of
constituting grave Congress separation of powers and impair the power of the
abuse of discretion. 3. Review and SC under §6 Art. VIII.
But generally, possible
president has full nullification by 6. POWER PERTINENT TO FOREIGN
discretion the SC RELATIONS

Actual use to which Subject to judicial Q: Distinguish treaties from executive

President puts the review as to agreements.__________________________
armed forced not sufficiency fo r the Executive
subject to judicial factual basis of such Treaty Agreement
review declaration.
(Lagman v. Medialdea, G.R. No. 231658, July 4, Involve political j Involve details
2017) issues, national carrying out
policy national policy
5. EXECUTIVE CLEMENCY
More or less
Int’l. agreements of
temporary in
(a) Nature and limitations a permanent kind
character
Q: What are the limitations on the exercise of
the President’s pardoning power? Requires senate Does not require
1. Cannot extend to cases of impeachment. concurrence senate concurrence
Sec. 19, Art. VII).
(Bayan Muna v. Romulo, G.R. No. 159618,
2. For violation of election laws, must have
2011) .
favorable recommendation by the
COMELEC. Sec. 5, Art. IX-C).
Q: The President alone without the
3. Granted only after conviction by final
concurrence of the Senate abrogated a treaty.
judgment. (Sec. 19, Art. VII).
Assume that the other country party to the
4. Cannot extend to cases of legislative
treaty is agreeable to the abrogation provided
contempt, or civil contempt.
it complies with the Philippine Constitution. If
5. Does not absolve civil liability. (People v.
a case involving the validity of the treaty
Nacional, G.R. No. 11294, Sep. 7, 1995). abrogation is brought to the SC, how should
6. Does not restore public offices forfeited. it be resolved?
(Monsanto v. Factoran, G.R. No. 78239, It should dismiss the case. The jurisdiction of the
February 9, 1989). SC or other lower courts over a treaty is only with
respect to questions of its constitutionality of
(b) Forms of executive clemency
validity. It does not pertain to the
termination/abrogation of a treaty. (Gonzales v
Q: May the President grant executive Hechanova, G.R. No. L-21897, 1963).
clemency in administrative cases?
Yes, but only to administrative cases in the
Q: When may the President opt to enter into
Executive branch, not in the Judicial or
an executive agreement?
Legislative branches of government. (Llamas v.
Executive agreements are concluded (1) to adjust
Orbos, G.R. No. 99031, Oct. 15, 1991). the details of a treaty, e.g., EDCA as to VFA; (2)
pursuant to or upon confirmation by an act of the
Q: A trial judge was found liable by the SC for Legislature; or (3) in the exercise of the
serious misconduct and inefficiency, and President's independent powers under the
meted a penalty of suspension from office for
Constitution.
5 months. Ths judcjs thGrssftsr fHod 3 petition
for executive clemency with the Office of the
Q: May the President enter into an executive
President. The Executive Secretary issued a agreement on foreign military bases, troops
resolution granting the executive clemency. or facilities?
Is it valid?
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Yes, but only if the executive agreement (a) is not 1. General veto power - veto the entire bill; If
the instrument that allows the presence of foreign you veto a provision in an ordinary bill -
military bases, troops or facilities; or (b) merely considered as if you vetoed the whole thing.
aims to implement an existing law or treaty. 2. Item/line veto - veto separate items, not the
(Saguisag v. Exec. Sec., 2016) ENTIRE bill. ONLY in an appropriation,
revenue or tariff bill. (Sec. 21, Art. VI).
Q: What are the restrictions prescribed by the
Constitution on the power of the President to Q: What is the Doctrine of inappropriate
contract or guarantee foreign loans on behalf provisions?
of the State? • A provision that is constitutionally
The power of the President to contract or inappropriate for an appropriation bill may be
guarantee loans on behalf of the State is subject singled out for veto even if it is NOT an
to the prior concurrence of the Monetary Board appropriation or revenue item (refers to
and subject to such limitations as may be riders).
prescribed by law. (Sec. 20, Art. VII). • Included are:
1) unconstitutional provisions and
Q: What is an “item” under an appropriations 2) provisions which are intended to amend
bill? other laws. (Philconsa vs. Enriquez, G.R.
An item in an appropriation bill is a specific No. 113105, Aug 19, 1994)
appropriation of money, not some general
provision of law, which happens to be put into an 10. RESIDUAL POWERS
appropriation bill. An item of appropriation must 11. EXECUTIVE PRIVILEGE
be an item characterized by singular 12. EMERGENCY POWERS
correspondence, which is an allocation of a
specified singular amount for a specified singular D. RULES OF SUCCESSION
purpose known as a "line-item." (Belgica v.
Ochoa, 2013). Start of Term as of Noon June 30 (Art. VII, Sec.
n _____________________________________
Q: May an appropriation be validly
apportioned into component percentage or President VP Both
values? Fails to VP acts N/A Senate P.
Yes, provided that each percentage or value must Qualify as P or Speaker
be allocated for its own corresponding purpose acts as P.
for such component to be considered a proper
line-item. (Belgica v. Ochoa, 2013). Not VP acts N/A Senate P.
Chosen as P or Speaker
7. POWERS RELATIVE TO acts as P.
APPROPRIATION MEASURES
Death; After June Senate P.
P. 30, Sec. 9 or Speaker
Q: Why does Congressional pork barrel
Disability can apply. acts as P.
violate the President’s power to item-veto?
(PERLAS-BERNABE)
The President cannot exercise his item-veto During or Mid-Term (Sec. 8):
power because the purpose of the lump-sum Deathi; P. Disabled; Removal, Death; P.
discretionary budget is still uncertain. Resignation Disabled;
Furthermore, it cannot be considered an item Resignati
on
because an item is defined in the field of
appropriations as the particulars, details, distinct Pres. VP Both Acting
and severable parts of the appropriation or of the Pres.
bill. (Belgica v. Hon. Ochoa, 2013) (SP/SH)

8. DELEGATED POWERS VP is Pres, will Senate P. or By law

9. VETO POWERS P. nominate Speaker
VP from acts as P.
Q: Distinguish between the 2 kinds of Congress
presidential veto. (Sec. 9).

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Judicial Power to Congressional

JUDICIAL DEPARTMENT review Power to revoke
Court can only refer Congress may take
A. JUDICIAL POWER to information into consideration:
available to the | • Data available to
Q: Can the court exercise judicial power when President prior to or the President
there is no applicable law? at the time of the prior to or at the
• No. In a number of cases decided, the declaration time of the
Supreme court ruled that the exercise of declaration and
judicial power when there is no applicable law Court is not allowed • Events
is not authorized. to undertake an supervening the
• The court has no authority to entertain an independent declaration
action for judicial declaration of citizenship investigation beyond
because there was no law authorizing such the pleadings
proceeding (Channie Tan v. Republic, G.R. Does not look into the Can probe further
No. L-14159, April 18, 1960). absolute correctness and deeper, can
• An award of honors to a student by a board of the factual basis delve into accuracy
of teachers may not be reversed by a court of facts presented
where the awards are governed by no before it
applicable law (Santiago Jr. v. Bautista, G.R.
No. L-25024, March 30, 1970). Passive power Automatic
• Courts cannot reverse the award of a board
of judges in an oratorical contest (Felipe v. Initiated by filing of a May be activated by
Leuterio, G.R. No. L-4606, May 30,1952). petition “in an Congress itself at
appropriate any time after the
Q: What is the nature of the Supreme Court’s proceeding” by a proclamation or
jurisdiction to determine the sufficiency of the citizen suspension was
factual basis for the declaration of martial law made
and the suspension of the privilege of the writ (Lagman v. Medialdea, G.R. No. 231658, July 4,
of habeas corpus by the President? 2017)
It is sui generis and granted by Sec. 18, Art. VII
of the Constitution which provides that in case of B. JUDICIAL REVIEW
invasion or rebellion, when public safety requires
it, the President may, for a period not exceeding Q: What are the requisites for judicial review?
60 days suspend the privilege of the writ of (1) There must be a judicial case ripe for
habeas corpus or place the Philippines or any adjudication;
part thereof under martial law. It does not stem (2) Raised by the proper party - party must have
from Sec. 1 or 5 of Art. VIII. (Lagman v. locus standi
Medialdea, G.R. No. 231658, July 4, 2017)
(3) Raised at the earliest opportunity
(4) Decision on the constitutional question must
Q: What is the scope of the Supreme Court’s
power to review the declaration of Martial Law be determinative of the case itself; it is the lis
or suspension of the privilege of the writ of mota
habeas corpus?
It is limited to a determination of the sufficiency of Q: Can inferior courts exercise judicial
the factual basis of such declaration or review?
suspension. (Lagman v. Medialdea, G.R. No. Yes. Since the power of judicial review flows from
231658, July 4, 2017) judicial power and since inferior courts are
possessed of judicial power, it may fairly be
Q: Differentiate the judicial power to review inferred that the power of judicial review is not an
the sufficiency of the factual basis for the exclusive power of the Supreme Court. (Bernas,
•caw c a irn m e o u o p c n o iu ii
Commentary, 2009 ed.).
of the privilege of writ of habeas corpus from
the congressional power to revoke such Q: Does the CTA have to power to issue writs
declaration and suspension. of certiorari?

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Yes. Section 1, Article VIII vests judicial power in
the Supreme Court and in lower courts
established by laws. Judicial power includes the
determination whether there has been grave
abuse of discretion on the part of the government.
The CTA has the judicial power to determine
whether the RTC gravely abused its discretion in
issuing an interlocutory order in cases falling
within its exclusive appellate jurisdiction (City of
Manila v. Grecia-Cuerdo, G.R. No. 175723,
2014).
Operative fact doctrine
Q: What is the “operative fact doctrine”?
When the assailed legislature act or executive act
is found by the judiciary to be contrary to the
Constitution, it is null and void. However, the
actual existence of a statute prior to such
determination is an operative fact and may have
consequences which cannot be erased by a new
judicial declaration. Thus, for a period of time
such statute, treaty, executive order or ordinance
was in “actual existence.” It is considered as an
operative fact. (CIR v. San Roque Power
Corporation, G.R. No. 187485, 2013).
Q: When is the operative fact doctrine not
applicable?
• Operative fact doctrine cannot be invoked if it
will constitute an unjust enrichment. In the
case of Planters v. Fertiphil, the tax on
fertilizers had already been collected and
applied to a private corporation’s needs. This
was by virtue of the law imposing the tax. If
the operative fact doctrine would be applied
in this case it would sanction the enrichment
of the Planters Product at the expense of the
Fertiphil. (Planters Products, Inc. v. FertiPhil
Corporation, G.R. No. 166006, 2008).
• It should also not be applied if it will be
iniquitous and would send a wrong signal that
an act may be justified when based on an
unconstitutional provision. Simply put, it will
not be applied if it will result to injustice. (Phil.
Coconut v. Republic, G.R. Nos 177857-58,
2012).
Q: Can an administrative practice be the basis
for applying the operative fact doctrine?
No. The doctrine of operative fact states that a
judicial declaration of invalidity may not
necessarily obliterate all the effects of a void act
prior to the declaration. For the operative fact
doctrine to apply, there must be a law or an
executive issuance invalidated by the court. Its
effect, when relied upon by the public in good .
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faith, may have to be recognized as valid. (CIR v.
San Roque Power Corporation, G.R. No. 187485,
2013).
Q: How was the operative fact doctrine
applied to the DAP?
1. The term “executive act” is broad enough to
include any and all acts of the Executive,
including those that are quasi legislative and
quasi-judicial in nature. It is not confined to
statutes and rules and regulations issued by
the executive department or those which are
quasi-legislative in nature. Thus, it applies to
the DAP (which was a mere program of the
DBM).
• The DAP itself, as a policy, transcended
a merely administrative practice
especially after the Executive, through
the DBM, implemented it by issuing
various memoranda and circulars.
2. This doctrine, in the interest of justice and
equity, can be applied liberally and in a broad
sense to encompass said decisions of the
executive branch.
• The DAP resulted to public infrastructure.
Not to apply the doctrine of operative fact
to the DAP could literally cause the
physical undoing of such worthy results
by destruction, and would result in most
undesirable wastefulness.
3. However, the OFD applies ONLY to the
programs, activities, and projects that can
no longer be undone, and whose
beneficiaries relied in good faith on the
validity of the DAP, but CANNOT apply to
the authors, proponents and implementors
of the DAP, unless there are concrete
findings of good faith in their favor by the
proper tribunals determining their criminal,
civil, administrative and other liabilities.
• Note however that the presumption of
good faith was not removed; there must
first be a factual determination of the
guilt of the authors. Complainants has
burden of proof; presumption of GF still
stands. (Araullo v. Aquino III, G.R. No.
209287, 2014).
Moot questions
Q: What is a “moot and academic case”?
It is one that ceases to present a justiciable
controversy by virtue of supervening events, so
that a declaration thereon would be of no practical
value. As a rule, courts decline jurisdiction over
such case or dismiss it on ground of mootness