CONSTITUTIONAL LAW I (REVIEWER)

CHAPTER 8: THE LEGISLATIVE DEPARTMENT

LEGISLATIVE POWER

DEFINITION The power of lawmaking, framing and enactment laws that is effected through the
adoption of a bill or a proposed or projected law, which, once approved, becomes a
statute.

The power to propose, enact, amend and repeal laws (PEAR).

WHO IS VESTED Congress of the Philippines which is composed of the Senate and House of
WITH IT? Representatives (Sec. 1)

INITIATIVE AND REFERENDUM

RULE Sec. 32. The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly propose
and enact laws or approve or reject any act or law or part thereof passed by the
Congress or local legislative body after the registration of a petition therefor signed by
at least 10 per centum of the total number of registered voters, of which every
legislative district must be represented by at least 3 per centum of the registered
voters thereof.

INITIATIVE
DEFINITION - Power of the people to propose bills and laws, and to enact or reject them at the
polls, independent of the legislative assembly
- Power of the people to propose amendments to the constitution or to propose and
enact legislations through an election called for the purpose
ENACTING LAW Republic Act 6735 – The Initiative and Referendum Act santiago vs comelec
THREE a) Initiative on Constitution
SYSTEMS b) Initiative on statutes
c) Initiative on local legislations

REFERENDUM
DEFINITION - Method of submitting an important legislative measure to a direct vote of people
- Right reserved to the people to adopt or reject any act or measure which has been
passed by a legislative body and which in most cases would without action on the
part of the electors become a law

SENATE

COMPOSITION 24 Senators (Sec. 2)

ELECTION - Elected at large by qualified voters of the Philippines (Sec. 2)
- Held on the 2nd Monday of May (Sec. 8)
QUALIFICATIONS CALVRes (Sec. 3)
a) Natural-born citizen of the Philippines
b) On the day of election, at least 35 years of age
c) Able to read and write literacy
d) Registered voter
e) Resident of the Philippines for not less than 2 years immediately preceding the day
of the election
TERM Six years (Sec. 4)
TERM LIMIT Two consecutive terms (Sec. 4)
OFFICERS Sec. 16 (1)
- Senate President pro tempore
- Majority Floor Leader
- Minority Floor Leader
- Chairmen of various standing and special committee
- Sergeant at arms, Secretary (non-members of legislature)

HOUSE OF REPRESENTATIVES

COMPOSITION - Not more than 250 members unless otherwise fixed by law [Sec. 5 (1)]
- Party list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list [Sec. 5 (2)]
ELECTION - Elected from legislative districts (district representatives)
- Elected through the party-list system (party-list representatives
QUALIFICATIONS CALVRes (Sec. 6)
a) Natural-born citizen of the Philippines
b) On the day of election, at least 25 years of age
c) Able to read and write
d) Registered voter in the district which he shall be elected (except party-list
representatives)
e) Resident thereof for a period of not less than one year immediately preceding the
day of election
TERM Three years (Sec. 7)
TERM LIMIT Three consecutive terms (Sec. 7)
OFFICERS Sec. 16 (1)
- Speaker of the House
- Majority Floor Leader
- Minority Floor Leader
- Chairmen of various standing and special committee
- Sergeant at arms, Secretary (non-members of legislature)

DISTRICT REPRESENTATIVES PARTY-LIST SECTORAL REPRESENTATIVES

- Elected directly and personally,
from the territorial limit he is
seeking to represent
- Initial apportionment: 200
members: initial
apportionment; subject to
adjustment to make the
representation equitable
- Population of at least 250,000
= 1 representative (Its validity
is a justiciable question.)
REPRESENTATIVES
- Chosen indirectly through the
party he represents, which is
the one voted for by the
electorate
- 20 per centum of the total
number of representatives
including those under the
party list
Art. XVII, Sec. 7. Until a law is
passed, the President may fill by
appointment from a list of
nominees by the respective
sectors, the seats reserved for
sectoral representation in
paragraph (2), Section 5 of Article
VI of this Constitution.

PARTY-LIST SYSTEM ACT (RA 7941)

– Not later than 90 days before election – file a verified petition through its secretary or president which shall be
published in 2 newspapers of general circulation
– Petition should be resolved within 15 days and not later than 60 days before election
– Submit to the COMELEC not later than 45 days before election at least 5 names from which its representatives
may be chosen (only persons who have given their consent in writing may be named as party-list candidate)
– They shall be ranked according to the number of votes that they received: 2%=1 seat; max of 3 seats
– They shall be proclaimed by the COMELEC according to their ranking
– RESTRICTIONS/ PROHIBITIONS
- Any party-list representative who changes his political party or sectoral affiliation during his term of office
shall forfeit his seat
- If change is made within 6 months before election, he shall not be eligible for nomination as party-list
representative under his new party
- Should be a bona fide member of the party list he seeks to represent at least 90 days before election day (Sec.
6)
- Youth representatives – not more than 30 years old, but may continue beyond that age until the end of his term

RESIDENCE

DEFINITION Place where one habitually resides and to which, when he is absent, has the intention
of returning
LIMITATIONS - A person cannot have 2 residences at the same time
- Abandonment is required for a person to have a new residence
PURPOSE To ensure familiarity with the conditions and problems of constituency sought to be
represented and consequent efficiency and concern in the discharge of legislative
duties on its behalf
CASES Marcos v. Comelec
Aquino v. Comelec

SALARIES (Sec. 10)

– Determined by law
– Allowances are allowed (although not stated)
– Reduction of salary is allowed

PROHIBITIONS

INCOMPATIBLE OFFICES
RULE Sec. 13. No Senator or Member of the HOR may hold any other office or employment
in the Government, or any subdivision, agency or instrumentality thereof, including
GOCCs or their subsidiaries, during his term without forfeiting his seat.
PURPOSE To prevent him from owing loyalty to another branch of the government, to the
detriment of the independence of the legislative and doctrine of separation of powers
EXCEPTION Forfeiture of his seat (Automatic upon holding of incompatible office), what is
prohibited is simultaneous holding of office
ALLOWED If it can be shown that the second office is an extension of the legislative position or is
in aid of legislative duties
- Membership in the Electoral Tribunals
- Chairmen of Senate and House committees on education while sitting concurrently
as ex office members in the UP Board of Regents
- Legislators who serve as treaty negotiators under the President
CASE Adaza v. Pacana

FORBIDDEN OFFICES
RULE Sec. 13. Neither shall he be appointed to any office which may have been created or
the emoluments thereof increased during the term for which he was elected.
PURPOSE To prevent trafficking in office
NOTES - Does not apply to elective offices
- It is not allowed only during the term for emoluments were increased

PARLIAMENTARY IMMUNITIES

PRIVILEGE FROM ARREST

RULE Sec. 11. No Senator or Member of the HOR shall, in all offenses punishable by not
more than 6 years imprisonment, be privileged from arrest while the Congress is in
issesion.
PURPOSE To ensure proper representation of the constituents of the members of the congress
by preventing attempts to keep him from attending its sessions
SCOPE - Civil and criminal arrests (not more than 6 years of imprisonment)
- Commonwealth Constitution: civil only, may be arrested anytime if criminal
- Applies only while the congress is in session
CASES People v. Jalosjos
Trillanes v. Pimentel

PRIVILEGE OF SPEECH AND DEBATE

RULE Sec. 11. 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.
PURPOSE To enable the legislators to express views bearing upon the public interest without
fear of accountability outside the halls of the legislature for his inability to support his
statements with the usual evidence required in the court of justice
REQUISITES - Remarks must be made when the legislature of the legislative committee is in
session
- Must be made in connection with the discharge of his official duties
EXCEPTION Rule is not absolute
- The legislator may not be questioned in any other place, which means that he may
be called to account for his remarks by his own colleagues in the congress itself, and
when warranted, punished for disorderly behavior
- Only within the Congress itself
CASES Jimenez v. Cabangbang

INHIBITIONS AND DISQUALIFICATIONS

PROHIBITED APPEARANCE
RULE Sec. 14. No Senator or Member of the HOR may personally appear as counsel before
any court of justice or before the ETs, or quasi-judicial and other administrative
bodies.
PURPOSE To prevent legislator from exerting undue influence
EXCEPTION What is prohibited is personal appearance, he may ask his associate to be his
representative
CASE Puyat v. De Guzman

PROHIBITION FROM PECUNIARY BENEFIT

RULE Sec. 14. Neither shall he, directly or indirectly, be interested financially 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,
during his term of office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called upon to act on
account of his office.
PURPOSE To prevent abuses from being committed by the members of the congress to the
prejudice of the public welfare and legitimate contractors

SESSION (Sec. 15)

– Entire period from its initial convening until its final adjournment
– President may call for a special session
– President’s call is not necessary:
- Canvass of Presidential elections
- Call a special election when both the presidency and vice-presidency are vacated
- Impeachment

QUORUM [Sec. 16 (1)]

– Any number sufficient to transact business which may be less than the majority of the membership
– Constitution: quorum is majority of each House

CONFLICT OF INTEREST

RULE Sec. 12. All Members of the Senate and the HOR 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 if which they are authors.
REASON There are some persons who may be tempted to run for Congress not because of a
desire to serve the people but precisely for the protection or even enhancement of
their own interests.
PURPOSE - Reduction and prevention from using their official functions for ulterior purpose
- Ensure probity and objectivity of the members of the congress

DISCIPLINE OF MEMBERS (Sec. 13)

– CASE: Osmena v. Pendatun

– Generally a political question
– Disorderly behavior – political question
– Rules of proceedings are within the exclusive discretion of each house to formulate and interpret and may not be
judicially reversed
– Without this provision, it may still be exercised by each house as an inherent power (concurrence of majority is
required)
– Exceptions (justiciable questions):
- May annul any suspension which is not concurred by 2/3 of the members
- Suspension which exceeds the maximum period even if concurred by 2/3
– Other disciplinary measures
- Deletion of unparliamentary remarks from the record
- Fine
- Imprisonment and censure
- Soft imprisonment

JOURNAL AND ENROLLED BILL

JOURNAL
RULE Sec. 16 (4) Each House shall keep a journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in its judgment, affect national
security; and the yeas and nays on any question shall, at the request of 1/5 of all the
Members present, be entered in the journal.
DEFINITION - Record of what is done and past in a legislative assembly
- Official record of legislative proceedings
- Resume or minutes of what transpired during the legislative session
- Should be published except parts which may affect national security
- Consistent with the right to information on matters of public concern (Art. III, Sec. 7)
PURPOSE - Used to authenticate the proceedings and for interpreting the laws
- Legislative history – aid for construction
REQUIRED TO a) Yeas and nays on the 2nd and 3rd reading of the bill
BE ENTERED b) Veto message of the President
c) Yeas and nays if the veto is overridden
d) Any matter upon the request of at least 1/5 of the Members

ENROLLED BILL
DEFINITION - Duly introduced, finally passed by both houses, signed by the proper offices of each,
approved by the governor and filed by the secretary of the state
- Approved copy of legislation
- Contains 5 certifications: Senate President, Speaker, Secretaries of respective
chambers and the President
NOTE In case of conflict, the contents of enrolled bill shall prevail over those of the journal
EXCEPTIONS - If the signature of the President is withdrawn
- On matters that are required to be entered in journal
CASES Mabanag v. Vito
CASCO v. Gimenez

ELECTORAL TRIBUNALS

RULE Sec. 17. The Senate and the House of Representatives shall each have an Electoral
Tribunal, which shall be the sole judge of all contests relating to the election, returns,
and qualifications of their respective Members. Each Electoral Tribunal shall be
composed of nine Members, three of whom shall be Justices of the Supreme Court to
be designated by the Chief Justice, and the remaining six shall be Members of the
Senate or the House of Representatives, as the case may be, who shall be chosen on
the basis of proportional representation from the political parties and the parties or
organizations registered under the party-list system represented therein. The senior
Justice in the Electoral Tribunal shall be its Chairman.
PURPOSE Shall be the sole judge of all contests relating to elections, returns, and qualifications
of their respective members
COMPOSITION - Seats are apportioned among all the parties represented in each chamber (basis of
proportional representation)
- 9 members: 3 from the Supreme Court, 6 from Senate or House of Representatives
FORMULA # of congressmen of political party x # of seat
total number of elected congressmen
NOTES - Commonwealth Constitution: parties with the largest and second largest number of
votes
- In the discharge of their constitutional duties, they are independent of the
legislature and other departments
- Have the exclusive rights to prescribe its own rules of procedure
- The employees of the ET are its own and it stands to reason that the appointment,
supervision, and the control over employees are wholly within the tribunal itself
- Decisions are not appealable to the Supreme Court except in cases where there is a
grave abuse of discretion
 - Supposed to continue functioning even during the recess
CASES Sampayan v. Daza
Abbas v. SET
Pimentel v. HRET

RULE Sec. 18. There shall be a Commission on Appointments consisting of the President of
the Senate, as ex officio Chairman, twelve Senators and twelve Members of the House
of Representatives, elected by each House on the basis of proportional representation
from the political parties and parties or organizations registered under the party-list
system represented therein. The Chairman of the Commission shall not vote, except in
case of a tie. The Commission shall act on all appointments submitted to it within
thirty session days of the Congress from their submission. The Commission shall rule
by a majority vote of all the Members.
PURPOSE To limit the President’s appointing power
COMPOSITION - Seats are apportioned among all the parties represented in each chamber (basis of
proportional representation)
- 25 members: Chairman, 12 from Senate and 12 from House of Representatives
FORMULA # of congressmen of political party x # of seat
total number of elected congressmen
NOTES - Can meet only during sessions of Congress
- Ad interim appointments are permitted. They are made during recess, subject to
consideration later by the Commission for confirmation or rejection
- Shall act on all appointments submitted to it within 30 days
CASES Sarmiento v. Mison
PHIVIDEC v. Velez
Deles v. ConCom
 CHAPTER 9: THE POWERS OF CONGRESS
GENERAL POWERS (PEAR) Propose, enact, amend and repeal laws
LEGISLATIVE POWERS Appropriation, Taxation, Expropriation
(ATE)
NON LEGISLATIVE POWERS Powers other than law-making which are expressly granted:
(PIDCAT) - Canvass presidential elections
- Impeach – legislative inquiry into the conduct of every public man
- Declare existence of state of war
- Propose Constitutional amendments
- Give concurrence to treaties and amnesties
IMPLIED POWERS - Power to punish with contempt in legislative investigations (non-
appearance and disorderly behavior)
- Subpoena power – power to compel a person to attend sessions for
legislative inquiry
INHERENT POWER Determination of its rules of proceedings and the discipline of its
members

DEFINITION OF TERMS

STATUTE Written will of the legislature, solemnly express according to the forms necessary to
constitute it the law of the state
BILL Proposed administrative measure filed and signed by members of the Congress and
submitted to the secretary of the house
ENROLLED Printed as finally approved by the congress, thereafter authenticated with the
BILL signatures of the Senate President, the Speaker, and the Secretary of their respective
Chambers, and approved by the President

ENACTMENT OF LAW

RULE Sec. 26 (2) No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final form have been
distributed to its Members three days before its passage, except when the President
certifies to the necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto shall be allowed,
and the vote thereon shall be taken immediately thereafter, and the yeas and nays
entered in the Journal.

PROCEDURE
INTRODUCTION Printed as finally approved by the congress, thereafter authenticated with the
signatures of the Senate President, the Speaker, and the Secretary of their respective
Chambers, and approved by the President
FIRST READING Reading of the number and title of the measure and its referral by the Senate
President or the Speaker to the proper committee for study
- May be killed or recommended for approval, with or without amendments
- If there are other bills of the same nature or purpose, they may all be consolidated
into one bill under common authorship or as a committee bill
SECOND Bill is read in its entirety, debated upon and amended when desire.
READING - Most important stage in the passage of the bill
- If approved, it shall be printed and copies shall be distributed at least 3 days before
the third reading
THIRD Members merely register their votes and no further debate is allowed
READING
SEND TO Once approved, it will be sent to the other chamber and would also undergo the 3
OTHER HOUSE readings
BICAMERAL If there are differences between the versions approved by the two chambers, a
CONFERENCE bicameral conference committee representing both houses will draft a compromise
COMMITTEE measure that if ratified by the Senate and House of Representatives will then be
submitted to the President for his consideration
PRESIDENT 3 scenarios:
a) Approves and signs
b) Vetoes within 30 days of receipt (sent back to the House where it originated, with
objections; deemed passed if veto is overridden by 2/3 of Members of both
chambers voting separately)
c) Inaction (deemed passed)
NOTES General Rule: President must approve entirely or disapprove in toto
Exceptions: appropriations, revenue and tariff bills

1935 Constitution – 3 readings on separate days is not required

Result: half-baked legislation, occasional deception of the legislators themselves and
the public in general, who were unable to devote the needed time and study to the
railroad measures

Old constitution: did not specify any reason for the issuance of the certificate of
urgency that dispensed with the requirement for the distribution of final copies of a
bill at least 3 days before is 3rd reading
New rule: certificate of urgency can be issued only for the purpose of meeting a public
calamity or emergency (applies to both the requirements of three readings on
separate days and the distribution of final copies of the bill before its passage)

ORIGIN OF BILLS gaa

RULE Sec. 24. All appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills, shall originate exclusively in
the House of Representatives, but the Senate may propose or concur with
amendments.
REASON - Initiated by the HOR only because it is more numerous in membership and
therefore also more representative of the people
- Its members are presumed to be more familiar with the needs of the country in
regard to the enactment of legislation involved
NOTES - Senate may propose or concur with amendments to the bills initiated by the HOR
- Amendment by Substitution – may entirely replace the bill initiated by the HOR
- In these cases, what the constitution simply means is that the initiative must come
from the HOR
CASES Arroyo v. De Venecia
Tolentino v. Secretary of Finance
ABAKADA v. Ermita

APPROPRIATION Printed as finally approved by the congress, thereafter authenticated with the
BILLS signatures of authorize the release of public funds from the public treasury
REVENUE BILL Levies taxes and raises funds for the government
TARIFF BILL Specifies the rates or duties to be imposed on imported articles
BILLS Example: floating bonds for public subscription redeemable after a certain period
AUTHORIZING
THE INCREASE
OF PUBLIC
DEBTS
BILLS OF LOCAL Involves purely local or municipal matters
APPLICATION
PRIVATE BILLS Example: bill granting honorary citizenship

PROHIBITED MEASURES

– Those impairing the doctrine of separation of powers

– Providing for appointment of elective officers
– Enactment of ex post facto laws
– Bill of attainder
– Those which impair obligations of contracts
– Law granting a title of royalty or nobility (1973 Constitution, Art. VI, Sec. 31) to preserve the republican and
democratic nature of our society by prohibiting the creation of our society which will result in the violation of Art.
II, Sec. 1
– Law the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and
concurrence (Art. VI, Sec. 30), to prevent further additions to the present tremendous case load of the Supreme
Court

TITLE OF BILLS

RULE Sec. 26 (1). Every bill passed by the Congress shall embrace only one subject which
shall be expressed in the title thereof.
PURPOSE a) To prevent hodgepodge or logrolling legislation
b) To prevent surprise or fraud upon the legislature
c) To fairly apprise people, through such publications of its proceedings as are usually
made, of the subjects of legislation that are being considered in order that they may
have opportunity of being heard thereon, by petition or otherwise, if they should so
desire

Hodgepodge – any act containing several subjects dealing with unrelated matters
representing diverse interests, the main object of such combination being to unite the
members of the legislature who favor any one of the subjects in support of the whole
act
Log-rolling – the exchange of support of favors for mutual gain as by voting for each
other’s bills
NOTES - Effect of defective title: does not inform the members as to the full impact of the law
- Article VI, §26(1) should be given a practical rather than technical construction
- It should suffice if the title expresses the general subject and all the provisions are
germane to that general subject
- In any case, a title must not be so uncertain that the average person reading it would
not be informed of the purpose of the enactment or put on inquiry as to its contents,
or which is misleading, either in referring to or indicating one subject where another
or different one is really embraced in the act, or in omitting any expression or
indication of the real subject or scope of the act.
CASES Lidasan v. Comelec
Sumulong v. Comelec

LEGISLATIVE INQUIRY AND QUESTION HOUR

 LEGISLATIVE INQUIRY QUESTION HOUR
RULE Sec. 21. The Senate or the House of Sec. 22. The heads of departments may,
Representatives or any of its respectiveUPON THEIR OWN INITIATIVE, WITH THE
committees may conduct inquiries in aid CONSENT OF THE PRESIDENT, OR UPON
of legislation IN ACCORDANCE WITH ITS THE REQUEST OF EITHER HOUSE, as the
DULY PUBLISHED RULES OF rules of each House shall provide, appear
PROCEDURE. THE RIGHTS OF PERSONS before and be heard by such House on any
APPEARING IN, OR AFFECTED BY, SUCH matter pertaining to their departments.
INQUIRIES SHALL BE RESPECTED. Written questions shall be submitted to
the President of the Senate or the Speaker
of the House of Representatives at least
three days before their scheduled
appearance. Interpellations shall not be
limited to written questions, but may
cover matters related thereto. When the
security of the State or the public interest
so requires and the President so states in
writing, the appearance shall be conducted
in executive session.
PRESENCE Attendance is compulsory - Attendance is discretionary
- Removed the mandatory nature of such
appearance so as to conform more fully
to a system of separation of powers
PURPOSE May be used for legislation - Information in pursuit of congress’
oversight function
- Oversight – determine if the law that is
enacted is being enforced
SUBJECT Anything but should be in aid of Pertaining to their department
MATTER legislation
WHO MAY Anyone Heads of departments
APPEAR
NOTES - Power of the congress in terms of its - Not a power of the Congress in terms of
own lawmaking power its own lawmaking power
- Reason for incorporating it in the - The informing power of the President
Constitution: it was abused by some may be exercised by him indirectly
legislators through the members of his Cabinet, who
- Failure or refusal to attend a legitimate may appear before either House of the
legislative investigation or contumacy Congress under conditions
of the witness may be punished as - To enable the Congress to obtain
legislative contempt information from the department
- Punishment includes imprisonment. secretaries on the manner they are
- Offender can be punished indefinitely implementing the laws it has enacted
by the Senate, it being a continuing and also on matters related to pending or
body, provided that the punishment did prospective legislation
not become so long as to violate due - Deliberate effort of the present charter
process to reduce the authority of the President
- HOR – imprisonment could last not only - Question Hour is closely related with the
during the session when the offense legislative power, and it is precisely as a
was committed but until the final complement to or a supplement of the
adjournment of the body legislative inquiry
 - Questions that may be raised in a
legislative investigation do not
necessarily have to be relevant to any
pending legislation, provided only that
they are relevant to the subject matter
of the investigation being conducted.
CASES Senate v. Ermita
Bengzon v. Senate Blue Ribbon Committee
Arnault v. Nazareno
Miguel v. Gordon

BUDGET

– A proposal, a set of recommendations on the appropriations to be made for the operations of the government
– Used as a basis for the enactment of the general appropriations law
– Must be in the prescribed format
– Uniform procedure, subject to the president’s veto power

GENERAL APPROPRIATION SPECIAL

APPROPRIATION
RULE Sec. 29. No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
PURPOSE Intended to provide for the financial operations of the Designed for specific
entire government during one fiscal period purposes (Example:
creation of fund for the
relief of typhoon
victims)
IMPLIED - It has to be devoted to a public purpose
LIMITATIONS - The sum authorized to be released must be determinate or at least determinable
(it is sufficient if only the maximum is indicated)
CONSTITUTIONAL a) Sec. 24. All appropriation bills should originate in the Sec. 25 (4) A special
LIMITATIONS HOR. appropriations bill shall
b) Sec. 25 (1) The Congress may not increase the specify the purpose for
appropriations recommended by the President for the which it is intended,
operation of the Government as specified in the budget. and shall be supported
The form, content, and manner of preparation of the by funds actually
budget shall be prescribed by law. available as certified by
- President knows more about the needed the National Treasurer,
appropriations than the legislature or to be raised by a
- Congress may reduce the budget recommendation of corresponding revenue
the President (not permitted when it comes to the proposal therein.
judiciary) - Purpose: discontinue
- 1935 Constitution: Only the appropriations for the the practice fictitious
executive department could not be increased – appropriations that
prevent the Congress from unduly influencing the were frequently
President enacted by the
c) (2) No provision or enactment shall be embraced in the Congress even if it
general appropriations bill unless it relates specifically new that no funds
to some particular appropriation therein. Any such were available
provision or enactment shall be limited in its operation
to the appropriation to which it relates.
- Purpose: to prevent “riders” or irrelevant provisions
 that are included in the general appropriations bill to
ensure their approval
- If rider is included in an ordinary bill, invoke Sec. 26
(1)
d) (3) The procedure in approving appropriations for the
Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies.
- Purpose: to prevent the adoption of appropriations
sub rosa by Congress
e) (5) No law shall be passed authorizing any transfer of
appropriations; however, the President, the President
of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court,
and the heads of Constitutional Commissions 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.
- Prohibits one department from transferring some of
its funds to another department and thereby make it
beholden to the former to the detriment of the
doctrine of separation of powers
- Effect: disregards the will of the legislature that
enacted the appropriations measure
- Transfers of savings in one department from one item
to another in the general appropriations act may be
allowed by law in the interest of expediency and
efficiency. There is no danger to the doctrine of
separation of powers because the transfer is made
within a department
f) (6) Discretionary funds appropriated for particular
officials shall be disbursed only for public purposes to
be supported by appropriate vouchers and subject to
such guidelines as may be prescribed by law.
- Necessary in the view of many abuses committed in
the past in the use of discretionary funds
- Congress is called upon to pass the necessary
legislation providing for the proper guidelines to
make this new and salutary limitation effective
NOTES Constitutional Limitations (Gallant):
- Congress may not increase appropriations recommended by the President
- Subject to prescribed format
- Transfer funds
- If there are savings
- Must not be used to augment project included in appropriation
- No provision/enactment shall be embraced unless it relates specifically to some
particular appropriation
- Congress shall strictly follow the procedure
- Purpose: no special treatment
- President can veto any item
 - Transfer of appropriations is not allowed
CASE Pascual v. Secretary of Public Works

APPROPRIATIONS FOR SECTARIAN PURPOSES

RULE Sec. 29 (2) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of any priest, preacher,
minister, other religious teacher, or dignitary as such, except when such priest,
preacher, minister, or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
CORRELATION - Art. II, Sec. 6. The separation of Church and State shall be inviolable.
- Art. III, Sec. 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination of preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political rights.
NOTES - Emphasizes the neutrality of the State in ecclesiastical matters
- Applicable only where the appropriation is intended purposely to benefit a religious
institution
- Does not inhibit the use of public property for religious purposes when the religious
character of such use is merely incidental to a temporary use which is available
indiscriminately to the public in general
- Ecclesiastics may be paid from public funds if they serve the government in a non-
ecclesiastical capacity
CASES Aglipay v. Ruiz
Garces v. Entenzo
Garcia v. Mata
Demetria v. Alba

AUTOMATIC RE-APPROPRIATION

Sec. 25 (7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for
the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and
shall remain in force and effect until the general appropriations bill is passed by the Congress.

SPECIAL FUNDS

Sec. 29 (3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid
out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the
balance, if any, shall be transferred to the general funds of the Government.

POWER OF TAXATION

RULE Sec. 28 (1) The rule of taxation shall be uniform and equitable. The Congress shall
evolve a progressive system of taxation.
QUALITIES - Uniformity: persons or things belonging to the same class shall be taxed at the same
rate
- Equality: tax imposed to be determined on the basis of the value of the property
- Equitable: tax burden must be imposed according to the taxpayer’s capacity to pay
- Progressive: one which tends to accelerate instead of arrest economic growth,
should be suited to the social conditions of the people
NOTES - Power of taxation – Inherent in the state and is generally vested in the legislature
- Taxes – enforced personal contribution
- No constitutional prohibition against double taxation

TAX EXEMPTIONS

RULE Sec. 28 (3) Charitable institutions, churches and personages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious, charitable, or educational
purposes shall be exempt from taxation.
RESTRICTION Sec. 28 (4) No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
NOTES - Educational, charitable and religious institutions are exempted, only if they or their
lands, improvements and buildings are actually, directly and exclusively devoted to
their basic purposes
- Laws on tax exemption requires an absolute majority of the entire membership of
the Congress because a tax exemption represents a withholding of the power to tax
and consequent loss of revenue to the government
- Excise taxes are not exempt, only property taxes
CASE Lladoc v. CIR

POWER OF CONCURRENCE

– Sec. 19 (2) He shall also have the power to grant amnesty with the concurrence of a majority of all the Members
of the Congress.
– Sec. 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-
thirds of all the Members of the Senate.

THE WAR POWERS

– Sec. 23 (1). The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state of war.
- Declaration not of war but only the existence of state of war
- Suggests a war already begun or provoked by the enemy and the existence of which we are only affirming
- The Armed Forces must be raised by the Congress

ADJOURNMENT

Prohibitions:
- other house must give its concurrence to the adjournment
- neither house can adjourn in any other place
Reason: bicameral congress
 CHAPTER 10: THE EXECUTIVE DEPARTMENT
SUMMARY OF CONSTITUTIONAL PROVISIONS (ARTICLE VII):

Section 1: Executive power vested in the President

Section 2: Qualifications [President (Vice-President)- C, A-40 up, L, V, Res- 10 yrs up (see Table 1]
Section 3: VP shall have the same qualifications and term of office as the President; elected and removed in the
same manner.
VP may be appointment as a Member of the Cabinet; no confirmation required.

Section 4: President and VP shall be elected by direct vote, for a term of 6 years (begin at noon of June 30).
President not eligible for re-election; a person who has succeeded as President and has served for more
than 4 years shall not be qualified for election as President; No VP shall serve for more than two
successive terms; Regular elections for President and VP shall be held on the 2 nd Monday of July (unless
otherwise provided by law); Canvass of the election returns by the Congress (see Table 2); the SC en
banc shall be the sole judge of all contests relating to the election, returns and qualifications of P and VP

Section 5: Oath of the P, VP or the Acting President

Section 6: The P shall have an official residence; there should be no reduction in their salaries; no increase in
salaries during which such increase was approved; shall not receive other emolument from any source
Section 7: Vacancy before the term (see table 4)
Section 8: Vacancy during the term (see table 4)
Section 9: Vacancy in the office of the VP during his term – the President shall nominate a VP from among the
Members of the Congress who shall assume office upon confirmation by a majority vote of all members
of both Congress, voting separately

Section 10: In case of vacancy in the offices of P and VP,the Congress shall convene, without need of a call, (10am of
the third day following the vacancy) to enact a law calling for special election (to be held not earlier than
45 days nor later than 60 days); No special election shall be called if vacancy occurs within 18 months
before the date of the next presidential elections (see table 5)

Section 11: TEMPORARY DISABILITY OF THE PRESIDENT -When the President is unable to discharge the powers
and duties of his office; (see table )

Section 12: In case of serious illness of the President, the public shall be informed; members of the cabinet in
charge of national security and foreign relations and the Chief of Staff of the AFP, shall not be denied
access to the President during such illness

Section 13: Prohibitions and Disqualifications (the P and VP shall not hold any other office or employment during
their tenure, directly and indirectly practice any otherprofession, participate in any business or be
financially interested in any contract with, or in any franchise, or special privilege by the Government or
ay subdivision, agency or instrumentality, including GOCCs or their subsidiaries; they shall strictly avoid
conflict of interest; NEPOTISM - spouses and relatives by consanguinity or affinity within the 4th civil
degree of the President shall not be appointed as members of ConCom, office of Ombudsman, or as
heads of Departments, bureaus, offices of the government, GOCCs and their subsidiaries.)

EXECUTIVE POWER: the power to enforce and administer the laws

– The President acts as repository and discharger of the executive power.

QUALIFICATIONS (PRESIDENT):

TABLE 1:
C A Natural-born citizen of the A citizen of the Philippines from birth without
Philippines having to perform any act to acquire or

A Minimum Age Requirement
L Literacy Requirement
V A Registered voter
Res Resident of the Philippines
perform any act to acquire or perfect his
Philippine citizenship
At least 40 years of age on the day of election
(regardless of the time the President-elect is
actually proclaimed)
Able to Read and Write (Note: This is
expressly required because it is not deemed
embraced in the suffrage qualification)
Connotes possession of the qualifications for
suffrage (Art 5, Section 1)
At least ten years immediately preceding such
election

– The above qualifications are exclusive and may not be reduced or increased by the Congress.

ELECTION AND PROCLAMATION (Article VII, Sec. 4):

TABLE 2:
1 The P and VP are elected by direct vote of the people; election shall be held at six-
year intervals on the second Monday of May.
2 The returns of the election, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress (to the Senate President)
3 The returns shall be opened, not later than 30 days after the day of election, in the
presence of the members of the Congress in a joint public session.
4 Upon determination of authenticity, they shall canvass the votes.
5 The person having the highest number of votes shall be proclaimed elected.
6 In case of two or more equal and highest number of votes, one of them shall be
chosen by the vote of majority of all the members of both Houses of Congress,
voting separately.

– The Congress shall promulgate its own rules for the canvassing of certificates
– the SC en banc shall be the sole judge of all contests relating to the election, returns and qualifications of P and
VP; they may promulgate its rules for the purpose
– As the canvass is merely a ministerial function, the Congress shall not have the power to inquire into or decide
questions of alleged irregularities in the conduct of elections
– When the Congress meets to canvass the presidential election returns, it does not need the call to a special
session by the President

TERM (Article VII, Sec. 4):

TABLE 3:
PRESIDENT VICE-PRESIDENT
Term 6 years 6 years
Shall begin: June 30th, noon June 30th, noon
Re-election: Not eligible Eligible for two consecutive
terms
Important to Successor who has served for more Voluntary renunciation of the
Note: than 4 years shall not be eligible for office shall not be considered
election to this position interruption in the full term

– Removal is only through the process of impeachment

– The Vice- President is eligible for the position of member of the Cabinet and when appointment as such does
not need confirmation by the Comm. On Appointments. However, he may not demand such position nor may
he, conversely, be compelled to accept it.
CONSTITUTIONAL SUCCESSION

TABLE 4:
VACANCY AT THE BEGINNING OF THE TERM (Sec. 7) VACANCY DURING THE TERM (Sec. 8)
Pres. Elect dies or is VP-elect becomes President Pres. dies or is VP-elect becomes
permanently disabled permanently disabled President
Pres. Elect fails to VP-elect acts as President Pres. resigns or is VP-elect becomes
qualify until Pres. Elect shall removed from office President
qualify
Pres. Elect has not been VP-elect acts as President
chosen until Pres. Elect shall
qualify
P and VP not qualify or The Senate President, if P and VP die or become The Senate President, if
has not been chosen unable, the Speaker, acts as permanently disabled, unable, the Speaker, acts
P and VP – both died P, until a President or a VP resign or are removed as P, until a President or a
P and VP – both shall have been chosen and from office VP shall have been
permanently disabled qualified, if unable, the elected and qualified, if
Congress shall provide law unable, the Congress shall
for succession provide law for
succession

– Cases contemplated in “Vacancy at the beginning of the term”:

a. death and permanent disability of the President-elect
b. failure to elect the President
c. canvass of the Presidential elections has not yet been completed
d. the presidential elections has not been held
e. failure of the Pres-elect to qualify (to take oath and entering into the discharge of his duties)

– Cases contemplated in “Vacancy during the term” (DDRR):

a. death
b. permanent disability
c. removal
d. resignation

IF VACANCY OCCURS IN THE OFFICES OF THE P AND VP (Article VII, Sec. 10)

TABLE 5:
1 10 AM of the 3rd day after
vacancy occurs
2 Within 7 days
3 Hold Special elections
4 Bill calling for special election
5 Appropriations for special
election
6 Convening of Congress and the
special election
7 No special election
Congress shall convene in accordance with its
rules without need of a call
Congress shall enact a law calling for a special
election to elect a P and a VP
Not earlier than 45 days nor later than 60 days
from the time of such call
Deemed certified under Art. VI, Sec. 26 (2), shall
become law upon its approval on third reading
Charged against any current appropriations and
shall be exempt from the requirements of Art. VI,
Sec. 25 (4),
Cannot be suspended or postponed
If vacancy occurs within 18 months before the
date of the next presidential elections

TEMPORARY DISABILITY OF THE PRESIDENT (Article VII, Sec. 11)

 By his own declaration By declaration of Cabinet
Unable to VP acts as President VP acts as President
Discharge powers
and duties
Requisites President: Majority of Cabinet:
1. declares his temporary disability 1. declares his temporary
2. declaration is in writing disability
3. transmit to Senate President and 2. declaration is in writing
the Speaker 3. transmit to Senate President
and the Speaker
Duration Until President: Until President:
1. transmits written declaration 1. transmits written declaration
2. to Senate President and Speaker 2. to Senate President and Speaker
3. to the contrary 3. to the contrary

CONFLICT: IN HIS OWN DECLARATION VS DECLARATION OF CABINET

Decided by: Congress
Requisites Declaration of Majority of Cabinet members within 5 days
Procedure If not in session, convene within 48 hours without need of a call
Provisional Vice President acts as President provided that:
Succession 1. there is a determination that the President is unable to discharge powers
and duties of the office
2. determination is made by 2/3 vote of both Houses, voting separately
3. determination done within 10 days after the receipt of the declaration, or if
not in session, within 12 days

VACANCY DURING THE TERM (RESIGNATION)

Resignation An act of giving up a position

Requisites 1. intent to resign
2. an act of relinquishment
Case Estrada vsDesierto

The elements of a valid resignation (intent to gain and act of

relinquishment) were present when Estrada left Malacanang
and as expressed in his press statement.

PRESIDENTIAL SUCCESSION: FAST FACTS

YEAR Vice President President Vacancy due to:

1944 Sergio Osmena Manuel Quezon Death (Aug. 1, 1944)
(4th President)
1948 Elpidio Quirino Manuel Roxas Death (April 15, 1948)
(6th President)
1957 Carlo Garcia Ramon Magsaysay Death (March 17, 1957)
(8th President)
2001 Gloria Arroyo Joseph Estrada Resignation
(14th President) (Jan. 20, 2001)

Note: No VPs in the first three successions; there were no provisions in the Constitution on the succession of VP as
President. In 2001, it was the first time the VP was appointed President in view of the resignation of then President
Estrada.
PERQUISITES AND INHIBITIONS:

Perquisites of the 1. The President shall have an official residence.

President and VP 2. The salaries of the P and VP shall be determined by law.
Article VII, Sec. 6 3. No increase in said compensation shall take effect after the
expiration of the terms of the incumbent during which the
increase was approved.
4. They shall not receive during their tenure any other
emolument.

Notes:

1. The emoluments refer to compensation received for

services rendered or from possession of an office.
2. President cannot accept other employment.
3. The VP may be appointed to the Cabinet. He may not
receive additional compensation in the second
capacity because there is an absolute prohibition in
the receipt of additional compensation.

Inhibitions during 1. The President, VP, and the members of the Cabinet and
their tenure their deputies or assistants shall not hold any other office or
Article VII, Sec 13 employment.

2. They shall not directly or indirectly practice any other

profession, participate in any business or be financially
interested in any contract with, or in any franchise or
special privilege granted by the government.

3. The spouse and relatives by consanguinity or affinity

within the 4th civil degree of the President shall nit be
appointed as members of the concoms, or the office of the
Ombudsman, or as secretary, undersecretary, heads of
bureaus or offices, GOCCs and their subsidiaries.

Notes:
1. Inhibition from holding any other office or employment in
the government
2. Guaranty against nepotism

Case Civil Liberties Union vs The Executive Secretary

Petitioner challenged Executive Order 284 which in effect

allowed Cabinet members, their undersecretaries and
assistant secretaries and other appointive officials of the
Executive Department to hold other positions in the
government.

The EO was declared unconstitutional because it was in

direct contravention with the express mandate of Section 13,
Article VII.

PRESIDENTIAL IMMUNITY
 1973 Constitution 1987 Constitution
Provision Article VII, Sec. 15: Not re-enacted
SEC. 15. The President shall be
immune from suit during his
tenure. Thereafter, no suit
whatsoever shall lie for official acts
done by him or by others pursuant
to his specific orders during his
tenure.

The immunities herein provided

shall apply to the incumbent
President referred to in Article XVII
of this Constitution.
Who may invoke Only the president himself Only the president himself
Covered Civil claims, criminal cases, other Civil cases- covered
claims covered Criminal cases- not covered
Acts Performed - in the performance of official - in the performance of official
duties duties
- outside the scope of duties
Availability During the tenure During the tenure

PRESIDENTIAL IMMUNITY CASES

Who may invoke: Soliven vs Makasiar

Can a President who is immune from suit file a case against

others? An accused in a criminal case in which the President
is a complainant cannot raise the Presidential privilege as a
defense.

Gloria vs CA

Even if the DECS Secretary is the alter ego of the President;

he cannot invoke Presidential immunity, because it is
personal.

Acts covered: Old rule – civil claims, criminal cases, other claims

Forbes vs Taco
Governor General may NOT be personally held liable in a
civil case in the performance of his official duties.

New Rule – Only civil claims, not criminal cases.

Estrada vs Disierto
The cases filed against Estrada are criminal in character
(plunder, bribery, graft and corruption); he may not invoke
Presidential immunity.

EXECUTIVE PRIVILEGE (lower than immunity)

Executive Privilege 1. right of the President and high-level branch officers

 2. to withold information
3. from Congress, the courts and public

Coverage 1. presidential conversations

2. correspondences
3. discussion during closed-door cabinet meeting

Recognized areas 1. military

2. foreign relations

Rationale Consistent with the doctrine of separation of powers

Requisite 1. necessity for withholding the information outweighs

public interest

2. privilege is limited to the President (and to the Executive

Secretary , by order of the President)

Cases Neri vs Senate Committee

“Power to invoke the privilege is limited to the President
(and to the Executive Secretary , by order of the President)

Senate vs Ermita
Congress has a right to information from the Executive
Branch whenever it is sought in aid of legislation. If the
executive branch withholds such information on the ground
that it is privileged, it must so assert it and state the reason
thereof and why it must be respected. (EO is invalid)
 CHAPTER 11: POWERS OF THE PRESIDENT
SUMMARY OF CONSTITUTIONAL PROVISIONS (ARTICLE VII):

Section 14: Appointment extended by an Acting President shall remain effective unless revoked by the President
within 90 days from his assumption/reassumption
Section 15: MIDNIGHT Appointments – shall not make appointments two months immediately before the next
presidential elections
Section 16: APPOINTING POWER (see Table)
Section 17: CONTROL POWER (see Table)
Section 18: MILITARY POWER (see Table)
Section 19: PARDONING POWER (see Table)
Section 20: BORROWING POWER (see Table)
Section 21: No treaty or international agreement shall be valid and effective unless concurred by at least two-thirds
of the members of senate
Section 22: BUDGETING POWER (see Table)
Section 23: INFORMING POWER (see Table)

POWERS OF THE PRESIDENT (PBB- MICAD):

P Pardoning Power Forgiveness of crimes and Art VII, Sec. 19

cancellation of penalty
B Borrowing Power Borrow money or guarantee loans Art VII, Sec. 20
B Budgetary Power Determine needs of government and Art VII, Sec. 22
propose appropriation
M Military Power Command AFP Art VII, Sec. 18
Suspend privilege of writ of habeas
corpus
Declare Martial Law
I Informing Power Provide info on the State of the Art VII, Sec. 23
Nation
C Control Power To alter or modify or nullify or set Art VII, Sec. 17
aside what a subordinate had done
A Appointing Power Select individual who will exercise Art VII, Sec. 16
functions of an office
D Diplomatic power Power to conduct external affairs Art VII, Sec. 21

I. PARDONING POWER (EXECUTIVE CLEMENCY)

- Executive Clemency is granted for the purpose of relieving the harshness of the law or correcting mistakes in the
administration of justice

TABLE 1:
PARDONING POWER Forgiveness of crimes and cancellation of penalty
BASIS Section 19
DEFINITION:
1. PARDON Act of grace which exempts individual on whom it is bestowed
from the punishment which the law inflicts for the crime he
has committed
2. COMMUTATION A reduction or mitigation of the penalty (when the death
sentence is reduced to life imprisonment)
3. REPRIEVE Merely a postponement of a sentence or a stay of execution (to
secure additional evidence to ascertain guilt of the convict)
4. PAROLE Release from imprisonment but without fill restoration of
liberty, as parole is still in the custody of the law although not
 in confinement
5. AMNESTY Act of grace, concurred in by legislature, usually extended to
group of persons who committed political offenses which puts
into oblivion the offense

PARDON vs AMNESTY

TABLE 1-A
PARDON AMNESTY
Effect Looks forward and relieves the Looks backward and obliterates
offender from the consequences not only the penalty but the
of an offense of which he has offense itself
been convicted

To restore not only the offender’s

legal rights but also his civil an
political rights
Kinds Absolute – extended with no
strings attached, extinguishes all
penalties imposed upon the
offender, including accessory
disabilities, pardonee has no
option at all and must accept
pardon (similar to commutation-
not subject to acceptance)

Conditional – convict is required

to comply with some conditions,
does not extinguish all penalties,
convict may reject pardon
Offenses Infractions of peace of the State Political Offenses (crimes against
the sovereignty of the State)
Recipients Individuals Classes/ communities of persons
Acceptance Acceptance is necessary No need for distinct acts of
(declaration, to sign) repentance (the fact that you
have availed it)
Legislative NO YES (requires concurrence of
Approval Congress)

LIMITATIONS IN THE EXERCISE OF PARDONING POWER

TABLE 1-B
LIMITATIONS BASIS/ CASES/ RATIONALE
Not granted in cases of impeachment Art VII, Sec. 19
Not granted for the violation of any Art IX-C, Sec. 15
election law, without favorable
recommendation of the COMELEC
Granted only after conviction by final People vs Salle
judgment - The 1987 Constitution prohibits grant of
pardon during pendency of appeal.

Not granted in cases of legislative In addition to this constitutional limitations, a

contempt pardon cannot be extended to a person
 convicted of legislative contempt, as this
would violate the doctrine of separation of
powers
Cannot absolve the convict of civil People vs Nacional
liability - grant of conditional pardon and subsequent
dismissal did not relieve of civil liability

- pardon cannot be extended for the purpose

of absolving the pardonee of civil liability,
including judicial costs

Note: Pardon may have the effect of remitting

fines and forfeitures which otherwise will
II. inure to the interests of the government itself

Cannot restore public offices forfeited Monsanto vs. Factoran

- a woman convicted of estafa through
falsification of public documents was granted
an absolute pardon. Thereafter, she claimed
that she was entitled to reinstatement as
assistant city treasurer. It was held that
pardon does not restore a convicted felon to
public office necessarily relinquished or
forfeited by reason of conviction although
such pardon undoubtedly restores his
eligibility for appointment to that office.

BORROWING POWER

TABLE 2

BORROWING POWER Borrow money or guarantee loans

BASIS Art VII, Section 19
Salient Points The President may contract or guarantee foreign loans on
behalf of the Republic of the Philippines.

Requisites Prior concurrence of the Monetary Board.

Limitations subject to limitations as may be provided by law

Other Acts Required The Monetary Board shall, within thirty days from the end of
every quarter of the calendar year, submit to the Congress a
complete report of all its decisions on applications for loans to
be contracted or guaranteed by the government or GOCCs
which would have the effect of increasing the foreign debt.

III. BUDGETARY POWER

TABLE 3
BUDGETARY POWER Determine needs of government and propose appropriation
BASIS Art VII, Section 22
Background Originally vested in the President by the 1935 Constitution,
thereafter, transferred to the Prime Minister by the 1973
Charter.
 Acts Required 1. The President shall submit to the Congress within thirty
days from the opening of every regular session:
a. A budget of expenditures and sources of financing
b. Including receipts from existing and proposed
revenue measures
c. As the basis of the general appropriations bill
Application The power is entrusted to the Executive Department as it is
the President who is in the best position to:
1. determine the needs of the government
2. propose corresponding appropriations on the basis of
existing and expected sources of revenue
In consonance with: Article 6, Sec. 25 (1)
- The Congress may no
- t increase the appropriations recommended by the
President for the operation of the Government as
specified in the budget.

IV. MILITARY POWER

TABLE 4

MILITARY POWER Command AFP

Suspend privilege of writ of habeas corpus
Declare Martial Law
BASIS Art VII, Section 18
Components (The President …)
Shall be the of all the armed forces of the Philippines
Commander-in-Chief
May call out such armed 1. to prevent or suppress lawless violence, invasion or
forces rebellion
2. when public safety requires it

May suspend the 1. within 48 hours from the proclamation of Martial Law or
privilege of writ of the suspension of the privilege of writ of habeas corpus, the
habeas corpus President shall submit a report to Congress (in person or in
Place the Philippines or writing)
any part thereof under
Martial Law 2. The Congress, voting jointly, by a vote of at least a majority
(declaration) may revoke the proclamation or suspension, which revocation
shall not be set aside by the President.

Note: The Congress, if not in session, shall within 24 hours

following such proclamation/suspension, convene without
need of a call.

3. Upon the initiative of the President, the Congress may, in

the same manner, extend such proclamation or suspension for
a period to be determined by Congress, if invasion or rebellion
shall persist and public safety requires it.

safeguards The Supreme Court may review the factual basis of the
proclamation of law or suspension :
1. in a proceeding filed by any citizen
2. must promulgate decision thereon within 30 days from its
filing
TABLE 4-A

LIMITATION OF MILITARY POWER

Command AFP Suspend Privilege of Declare Martial Law
the writ of HB
Definition/ 1. “power of the 1. Writ of HB is a writ 1. Martial Law refers to
Components sword” directed to the person the law which has
detaining another, application when the
2. The president can commanding him to military arm does not
determine what produce the body of the supersede civil
degree of force a prisoner at a authority but is called
particular crisis designated time and upon to aid it in the
demands. place, with the day and execution of its civil
cause of his caption and function.
detention.
2. That military powers
2. The SC has the power have been called upon
to annul the suspension by the executive to
of privilege if the same assist him in the
is not based on either maintenance of law
of the two grounds. and order an that while
(When the court the emergency lasts.
receives an application
for the writ, and it finds
the petition in proper
form, it will issue the
writ as a matter of
course)
Grounds Prevent or suppress: 1. invasion or rebellion 1. invasion or rebellion

lawless violence, 2. public safety 2. public safety

invasion and rebellion requires it requires it
Duration Not exceeding 60 days, Not exceeding 60 days,
thereafter thereafter
automatically lifted automatically lifted

Effects Applicable only to: Not automatic:

1. person charged with 1. Suspension of
rebellion or offenses privilege of writ of HB
inherent or directly 2. Suspension of
connected with operation of
invasion Constitution

Requirement: Operation:
1. person arrested or 1. does not supplant
detained must be the functioning of the
charged judicially civil courts and
within 3 days, Congress (legislative
otherwise release assemblies)

Limitation: Limitation:
1. Does not impair right 1. Does not confer
to bail jurisdiction on military
courts and agencies
over civilians where
 civil courts are able to
function

TABLE 4-B

Cases on Command AFP Ruffy vs Chief of Staff

- Court martial were described as agencies of executive
character which may be convened by the President
independently of legislation and by virtue only of his
constitutional function as Commander-in-chief. These courts
do not pertain to the judiciary.

Kuroda vs Jalandoni
- The SC upheld the jurisdiction of military commissions over
war criminals and declared that the promulgation of EO 68,
establishing a war crimes office, is an exercise of the President
as commander-in-chief.

Aquino vs Military Commission No. 2

- The SC upheld the power of the President to create military
tribunals authorized to try not only military personnel but
also civilians even if at that time civil courts were open and
functioning.

Olaguer vs Military Commission

- The Aquino decision was reversed. It was held that a military
tribunals or commissions are not courts within the Philippine
Judicial system. Due process of law demands that civilians be
entitled to trial by judicial process, not by executive or
military process. Military Tribunals cannot try and exercise
jurisdiction over civilians for civil offenses committed by them
which are properly cognizable by the civil courts that have
remained open and have been regularly functioning.

IBP vs Zamora
- IBP questioned the command of President Estrada deploying
Philippine marines to join the PNP in visibility patrols around
Metro Manila for the purpose of crime prevention. SC
dismissed the petition, holding that the IBP has not shown
that the President had committed grave abuse of discretion in
issuing the command. (Moreover, IBP was not a proper party
to raise the challenge)

David vs Arroyo

Guidani vs Senga

Cases on the special Lansang vs Garcia

privilege of writ of - The SC declared that it had the power to inquire into the
habeas corpus factual basis of the suspension of the privilege of the writ of
HB by the President Marcos in August, 1971 and to annul the
same if no legal ground could be established.

Garcia- Padilla vs Enrile

 - The SC reversed the Lansang decision and revived the
Montenegro doctrine, reiterating that the suspension of the
privilege of the writ of HB was a political question to be
resolved solely by the President.

Declare Martial Law Aquino vs Enrile

(military does not - The SC sustained the proclamation of Martial Law by
supersede civil President Marcos, but no clear concensus was reached on the
authority) justification for the common conclusion.

Olaguer vs Military Commission

- The Aquino decision was reversed. It was held that a military
tribunals or commissions are not courts within the Philippine
Judicial system. Due process of law demands that civilians be
entitled to trial by judicial process, not by executive or
military process. Military Tribunals cannot try and exercise
jurisdiction over civilians for civil offenses committed by them
which are properly cognizable by the civil courts that have
remained open and have been regularly functioning.

TABLE 4-C

HISTORICAL TREND ON HABEAS CORPUS ISSUE

CIRCA JURISPRIDENCE CASE
1905 Political Question Barcelon vs Baker
Suspension of the privilege of - The determination of the President
the writ of HB was a political of the Philippines of the existence of
question to be resolved solely any grounds prescribed by the
by the President Constitution for the suspension of the
privilege of the writ of HB should be
conclusive upon courts.

(Affirmed in Montenegro vs
Castaneda case)
1971 Justiciable Question Lansang vs Garcia

- The SC declared that it had the

power to inquire into the factual basis
of the suspension of the privilege of
the writ of HB by the President
Marcos in August, 1971 and to annul
the same if no legal ground could be
established.
1985 Political Question Garcia- Padilla vs Enrile

Suspension of the privilege of - The SC reversed the Lansang

the writ of HB was a political
question to be resolved solely
by the President
At the present Constitutionalized the
Lansang Doctrine
decision and revived the Montenegro
doctrine, reiterating that the
suspension of the privilege of the writ
of HB was a political question to be
resolved solely by the President.
Article VII, Section 18 (4)

V. INFORMING POWER
 TABLE 5

INFORMING POWER Provide info on the State of the Nation

BASIS Art VII, Section 23
Salient Points 1. The President shall address the Congress at the opening of
its regular session
2. The President may also appear before the Congress at any
other time.
Notes 1. No. 1 is discretionary; although he will usually choose to do
so for practical reasons:

a. he will want to maintain the goodwill of the Congress

b. requested information may be needed as the basis of
legislation he is recommending and he knows that lacking
such basis the legislature would be justified in not acting on
his proposals

2. The President usually discharges this power through what

is known as “State of the Nation Address”.

VI. CONTROL POWER

TABLE 6

CONTROL POWER To alter or modify or nullify or set aside what a subordinate

had done
BASIS Art VII, Section 17
Salient Points 1. The President shall have control of all the executive
departments, bureaus and offices. He shall ensure that the
laws be faithfully executed.
Notes 1. Control is the “power of an officer to alter, modify or nullify
or set aside what a subordinate officer had done in the
performance of his duties and to substitute the judgment of
the former for that of the latter.”

2. Control includes the authority to order the doing of an act

by a subordinate or to undo such act
Control is a stronger 1. Supervision means “overseeing or the power or authority of
power than mere an officer to see that subordinate officers perform their duties.
supervision.
Drilon vs Lim
An officer in control lays down the riles in the doing of an act.
If they are not followed, he may, in his discretion, order the act
done undone or re-done by his subordinate or he may even
decide to do it himself. Supervision does not cover that
authority. The supervisor merely sees to it that the rules are
followed, but he himself does not lay down such rules.
Theoretically, the Villena vs Secretary of Interior
President has full - The personality of the heads of the various departments is in
control of all the reality the projection of that of the President. Accordingly,
members of the Cabinet. their acts, “performed and promulgated in the regular course
The members of the of business are, unless disapproved or reprobated by the Chief
Cabinet are subject at all Executive, presumptively, are the acts of the Chief executive.
times to the disposition
of the President since
they are merely his alter
ego.

Sec. 17 is self-executing. The President derives his power of Control directly from the
Constitution and not from any implementing Legislation.

Araneta vs. Gatmaitan

- Congress authorized the Secretary of Agriculture and Natural
Resources to promulgate rules and regulations about trawl
fishing. When Pres. Magsaysay directly exercised his
authority, his act was challenged on the ground that the power
in question has been conferred to the aforementioned Cabinet
member. It was held that the President may exercise the same
power and authority as the President shall have control of the
executive departments.

Gascon vs Arroyo
- The Executive Secretary had the authority to enter into the
“Agreement to Arbitrate” with the ABS-CBN as he was acting
on behalf of the President of the Philippines who had the
power to negotiate such agreement.

Lacson- Magallanes Co. Inc. vs Pano

- The President can rule on the decision of a department
secretary.

Ang-Angco vs Castillo
- The power of control is exercisable by the President over the
acts of his subordinate and not over the actor or agent himself
of the act. It only means that the President may set aside the
judgment or action taken by a subordinate in the performance
of his duties.

Noblejas vs Salas
- The Secretary of Justice was under the constitutional power
of the control of the President.

De Leon vs Carpio
- The respondent refused to obey the orders of the Secretary
of Justice to reinstate the agents of the NBI found by the CSC to
have been illegally dismissed. The SC declared that the
Secretary was acting in the regular discharge of his functions
as a alter ego of the President. His acts should therefore have
been respected by the respondent NBI Director, which is in
the DOJ under the direct control of his Secretary.
The “Take-Care” Clause 1. The power to take care that the laws be faithfully executed
makes a President a dominant figure in the administration of
the government.

2. It is not for him to determine the validity of a law since this

is a question exclusively addressed to the judiciary.
VII. APPOINTING POWER

TABLE 7

APPOINTING POWER Select individual who will exercise functions of an office

BASIS Art VII, Section 16
DEFINITION 1. Appointment may be defined as the selection, by the
authority vested with the power, of an individual who is to
exercise the functions of a given office.

2. An appointment may be made verbally but is usually done

in writing through what is called the commission. The
commission is the written evidence of an appointment.

STEPS IN THE 1. Nomination made by the President

APPOINTING PROCESS 2. Confirmation, which is the prerogative of the Commission
on Appointments
3. Issuance of the commission

KINDS OF APPOINTMENT
1. Permanent Extended to persons:
a. possessing requisite eligibility
b. enjoy or are protected by the constitutional provision on
security of tenure

2. Temporary Give to persons:

a. without eligibility
b. are revocable at will
c. without necessity of just cause or a valid investigation

3. Regular Made while Congress:

a. in session
b. effective after confirmation
c. once approved

Regular appointment, once confirmed by the CoA, continues

until the end of the term of the appointee

4. Ad-interim Made while Congress:

a. is in recess
b. and becomes effective then
c. subject to confirmation or rejection later
d. during the next legislative session

Ad interim appointment shall cease to be valid if disapproved

by the CoA or upon the next adjournment of the Congress
(where the appointment is deemed “by-passed” through
inaction of CoA

Ad interim appointment is intended to prevent a hiatus in the

discharge of official duties.

TABLE 7-A

OFFICERS SUBJECT TO APPOINTING POWER OF THE PRESIDENT

 Positions Examples
1. Heads of Executive Department Secretary of DOJ
2. Ambassador, other public ministers and Ambassador
consuls
3. Officer of armed forces from rank of colonel Colonel
or naval captain
4. Those other officers whose appointment are Ombudsman
vested to him by the Constitution
5. All other officers of the government whose Chairman of the Commission on Human
appointments are not provided for by law Rights
6. Those whom may be authorized by law to Bureau of Customs Commissioner
appoint

TABLE 7-B

FOUR GROUPS OF OFFICERS WHOM THE PRES. APPOINTS

(with the consent of the Commission on Appointments)
Basis
Groups
1. Heads of Executive Department
2. Officer of armed forces from rank of
colonel or naval captain
Article VII, Sec. 16
CASES
Sarmiento vs Mison
- The Commissioner of Customs was not held
to be subjected to confirmation, because the
position is not one of those within the first
group of appointments where the consent of
the CoA is required. The new Constitution
deliberately exclude the position of “head of
bureaus” from this category.
Soriano vs Lista
-Philippine Coast Guard not part of the AFP

3. Ambassadors, other public ministers

and consuls
4. Those other officers whose
appointment are vested to him by the
Constitution

VIII. DIPLOMATIC POWER

TABLE 8

DIPLOMATIC POWER Power to conduct external affairs

BASIS Art VII, Section 21
Salient Points 1. No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the
Members of the Senate.

Notes 1. As head of the State, the President is supposed to be the

spokesman of the nation on external affairs and may deal with
foreign states an governments:

a. maintain diplomatic relations

b. enter into treaties
c. transact the business of foreign relations

2. The phrase “international agreement” was not intended to

include the executive agreement which apparently can still be
concluded by the President alone without the necessity of
Senate Concurrence.

3. Treaties and other international agreements concluded by

the President are also subject the check by the Supreme Court,
which has the power to declare them unconstitutional.
 CHAPTER 12: THE JUDICIAL DEPARTMENT
Judicial power in general
Art VIII, Sec 1. The judicial power shall be vested in oneSupreme Court and in such lower courts as may be established
by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable (traditional concept*), and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government
(broadened concept*). *not part

Independence of the Judiciary (Remember, there are 14 of them: CRAFT DAASA PRAM)

C – Composition – SC is a constitutional body; it cannot be abolished nor may its membership or the manner of its
meetings be changed by mere legislation. (in relation to Art VIII, Sec 1)
Art VIII, Sec 4(1). The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en
banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from
the occurrence thereof.
Vargas vs. Rilloraza (80 Phil 297)
Facts: Section 20 of People’s Court Act provided that whenever the Supreme Court had to hear collaboration
cases, the members thereof who were disqualified because they had also participated in the Occupation
government would be temporarily replaced by ad hoc members to be designated by the President of the
Philippines from either the Court of Appeals or the courts of first instance. The result was the creation of
two Supreme Courts.
Ruling: The Court ruled that this arrangement was unconstitutional; Art VIII, Sec 1 only mentioned of one
Supreme Court

R – Removal – members of SC may not be removed except by impeachment.

Art XI, Sec 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All
other public officers and employees may be removed from office as provided by law, but not by impeachment.

A – Appointment – nominated by the Judicial Bar Council (JBC) and no longer subject to confirmation by the
Commission on Appointments.
Art VIII, Sec 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from
a list of at least three nominees preferred by the Judicial and Bar Council for every vacancy. Such appointments need
no confirmation.

For the lower courts, the President shall issue the appointment within ninety days from the submission of the list.

Rationale: to “de-politicize” our courts of justices, ensure the choice of competent judges, and fill existing vacancies
ASAP so as not to unduly disrupt judicial proceedings.
In the Matter of Appointments of Hon. Mateo A. Valenzuela and Hon. Placido B. Vallarta, A.M. No. 98-5-01-SC
Facts: The 90-day period under Art VIII Sec 4(1) conflicts with Art VII, Sec 15, prohibiting the President to
make appointments during the period of two months immediately preceding the next presidential election
and up to the end of his term.
Ruling: During the period covered by Section 15, the President is neither required to make appointments to the
courts nor allowed to do so, and Sec 4(1) and 9 of Art VIII simply mean that the President is required to fill
vacancies in the courts within the time frames provided therein unless prohibited by Section 15 of Art VII.
De Castro vs. Judicial Bar Council (JBC), G.R. No. 191002
Facts: Compulsory retirement of CJ Reynato Puno by May 17, 2010 was to occur just days after the coming
presidential elections on May 10, 2010. Nevertheless, PGMA still planned to make an appointment for the
next Chief Justice. Even before retirement of CJ Puno, JBC already made a short list of nominees, one of which
was to be chosen by the President.
 Ruling: The Court held that the petitioners set forth an actual case or controversy that was ripe for judicial
determination. Given the case, the 90-day limitation fixed in Art VIII, Sec 4(1) for the President to fill the
vacancy in the SC was undoubtedly a special provision to establish a definite mandate for the President as
the appointing power, and cannot be defeated by mere judicial interpretation in Valenzuela case to the effect
that Art VII, Sec 15 prevailed.

F – Fiscal autonomy
Art VIII, Sec 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the
legislature below the amount appropriated for the previous year and, after approval, shall be automatically and
regularly released.
Bengzon vs. Drilon (208 SCRA 133)
Facts: SC needed 100 typewriters; DBM ruled it only needed 10. The latter sent its recommendations to the
Congress without informing SC.
Ruling: The fiscal autonomy of the Judiciary contemplates a guarantee of full flexibility to allocate and utilize
their resources with the wisdom and dispatch that their needs require. It recognizes the power and
authority to levy, assess and collect fees, fix rates of compensation not exceeding the highest rates
authorized by law for compensation and pay plans of the government and allocate and disburse such sums
as may be provided by law or prescribed by them in the course of the discharge of their functions.

T – Tenure – members of SC and lower courts have security of tenure, which cannot be undermined by a law
reorganizing the judiciary.
Art VIII, Sec 2. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.
In Re First Indorsement from Honorable Raul M. Gonzalez (A.M. No. 88-4-5433)
Issue: The question presented for resolution in the administrative matter at bar is whether, during the period
of the ban on appointments imposed by Section 15, Article VII of the, Constitution, the President is
nonetheless required to fill vacancies in the judiciary, in view of Sections 4(1) and 9 of Article VIII. A corollary
question is whether he can make appointments to the judiciary during the period of the ban in the interest of
public service.
The Court's View. The Court's view is that during the period stated in Section 15. Article VII of the Constitution
— "(t)wo months immediatey before the next presidential elections and up to the end his term" — the
President is neither required to make appointments to the courts nor allowed to do so; and that Sections 4(1)
and 9 of Article VIII simply mean that the President is required to fill vacancies in the courts within the time
frames provided therein unless prohibited by Section 15 of Article VII. It is not noteworthy that the
prohibition on appointments comes into effect only once every six years.

D – Detail of judges – SC alone may order the temporary detail of judges.

Art VIII, Sec 5(5). The Supreme Court shall have the power to “assign temporarily judges of lower courts to other
stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of
the judge concerned.”

A – Appointing of officials/employees of the judiciary / appointing power

Art VIII, Sec 5(6). The Supreme Court shall have the power to “appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.”

A - Administrative supervision
Art VIII, Sec 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
Maceda vs. Vasquez G.R. No. 102781. April 22, 1993
Issue: Whether the Office of the Ombudsman could entertain a criminal complaint for the alleged falsification
of a judge’s certification submitted to the Supreme Court, and assuming that it can, whether a referral should
be made first to the Supreme Court.
Ruling: The Court disagreed with the argument of the petitioner that the respondent Ombudsman had no
jurisdiction over said cases despite this Court’s ruling in Orap vs. Sandiganbayan, since the offense charged
arose from the judge’s performance of his official duties, which is under the control and supervision of the SC.
There is nothing in the decision in Orap that would restrict it only to offenses committed by a judge unrelated
to his official duties. Nevertheless, the Court agreed that in the absence of any administrative action taken
 against him by this Court with regard to his certificates of service, the investigation being conducted by the
Ombudsman encroaches into the Court’s power of administrative supervision over all courts and personnel,
in violation of the doctrine of separation of powers.

S – Salaries – may not be reduced during their continuance in office.

Art VIII, Sec 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of
lower courts shall be fixed by law. During the continuance in office, their salary shall not be decreased.
Nitafan vs. Commissioner G.R. No. 78780. July 23, 1987
Facts: Petitioners sough to prohibit and/or perpetually enjoin respondents from making any deduction of
withholding taxes from their salaries. “Any tax withheld from their emoluments or compensation as judicial
officers constitutes a decrease or diminution of their salaries.”
Ruling: Construing Art VIII, Sec 10 of the Constitution, it is plain that the Constitution authorizes Congress to
pass a law fixing another rate of compensation of Justices and Judges but such rate must be higher than that
which they are receiving at the time of enactment, or if lower, it would be applicable only to those appointed
after its approval. It would be a strained construction to read into the provision an exemption from taxation.
The view of the petitioners must be discarded; the Court accords due respect to the intent of the people,
through the discussions and deliberations of their representatives, in the spirit that all the citizens should
bear their aliquot part of the cost of maintaining the government and should share the burden of general
income taxation equitably.

A – Appellate jurisdiction – appellate jurisdiction of SC may not be increased by law without its advice and
concurrence.
Art VI, Sec 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.
Fabian vs. Desierto G.R. No. 129742. September 16, 1998
Ruling: The SC noted, however, that neither the petition nor the two comments thereon took into account or
discussed the validity of the aforestated Sec 27 of RA No. 8870 in light of the provisions of Art VI, Sec 30 of
the Constitution. It deemed it necessary that the parties be heard thereon and the issue be first resolved
before conducting further proceedings in this appellate review.
In addition, petitioner overlooked the fact that by jurisprudential developments over the years, this Court has
allowed appeals by certiorari under Rule 45 in a substantial number of cases and instances even if questions
if fact are directly involved and have to be resolved by the appellate court.

P – Power to discipline – SC has exclusive power to disciple judges of lower courts.

Art VIII, Sec 11. The Members of the Supreme Court and judges of the lower court shall hold office during good
behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The
Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of
majority of the Members who actually took part in the deliberations on the issues in the case and voted in thereon.

R – Rules of court/rule-making power – SC alone may initiate rules of court.

Art VIII, Sec 5(5). The Supreme Court shall have the power to “promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of
law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.”
Primicias vs. Ocampo
Facts: Petitioner asked for the appointment of court assessors in accordance with the provisions of the Revised
Charter of the City of Manila. The motion was denied by the judge, and he held that these provisions had been
impliedly repealed by the Rules of Court.
Ruling: SC did not agree. This claim would be correct if SC were to hold that the right to trial by assessors is not
substantive but procedural or adjective in nature. If it were merely procedural, not having been incorporated
in the Rules of Court, the logical conclusion is that the rule-making power has deemed it wise to eliminate it.
But no such presumption, nor conclusion, can be drawn for the reason that the right to a trial by assessors is
substantive in the sense that it must be created and defined by express enactment as opposed to a mere
remedy devised to enforce such right or obtain redress therefor.
 “The trial with the aid of assessors as granted by Section 154 of the Code of Civil Procedure and Section 2477 of
the old Charter of Manila are parts of substantive law and as such are not embraced by the rule-making
power of the SC.”*
*see limitations on the rule-making power of the SC

A – Additional designation - the judiciary shall not be designated to any agency performing quasi-judicial or
administrative functions.
Art VIII, Sec 12. The Members of the Supreme Court and of other courts established by law shall not be designated to
any agency performing quasi-judicial or administrative function.

M – Minimum original and appellate jurisdiction (MOAJ) – SC may not be deprived of its MOAJ as prescribed in Art
VIII, Sec 5.
Art VIII, Sec 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various
courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

Jurisdiction (as mentioned in ART VIII, Sec 2(1))

- is the authority by which courts take cognizance of and decide cases, the legal right by which judges exercise
their authority.

Qualifications
Art VIII, Sec 7.
1. No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born
citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for
fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.
2. The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge
thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.
3. A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Qualifications of Supreme Court of Lower Collegiate Courts of Lower Courts

Citizenship Natural-born citizen of the Natural-born citizen of the Citizen of the Philippines
Philippines Philippines
Age At least 40 years old At least 40 years old (BP RTC: at least 35 years old
129) MTC, MTCC, MCTC: at least 30 yrs
old
Experience 15 years or more, a judge of 15 years or more, a judge of Member of the Philippine Bar
a lower court or engaged in a lower court or engaged in RTC: 10 years of practice of law in
the practice of law in the the practice of law in the the Phils. or has held a public
Phils. Phils. office in the Phils.
MTC, MTCC, MCTC: 5 years of
practice of law in the Phils.
Character a person of proven a person of proven a person of proven competence,
competence, integrity, competence, integrity, integrity, probity, and
probity, and independence probity, and independence independence

Judicial Bar Council (JBC)

Powers
1. To recommend appointees to Judiciary
2. Other functions and duties as SC may assign to it.

Art VIII, Sec 8

1. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a
representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a
representative of the private sector.
2. The regular members of the Council shall be appointed by the President for a term of four years with the consent of
the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall
 serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of
the private sector for one year.
3. The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its
proceedings.
4. The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The
Supreme Court shall provide in its annual budget the appropriations for the Council.
5. The Council shall have the principal function of recommending appointees to the judiciary. It may exercise such
other functions and duties as the Supreme Court may assign to it.

Composition
Sector Membership Position Term
1. Chief Justice ex-officio Chair ---
2. Secretary of Justice ex-officio Member ---
3. Representative of Congress ex-officio Member ---
4. Representative of IBP regular Member 4 years
5. Law professor regular Member 3 years
6. Retired SC Justice regular Member 2 years
7. Private Sector regular Member 1 year
Representative

Judicial Inquiry
- There is a presumption of validity, unless proven otherwise
- Who has the power to declare a law unconstitutional? Supreme Court en banc

Requisites (APEN)
1. There must be an actual case or controversy;
What to remember: there must be a justiciable controversy
- Conflict of legal rights that can be interpreted and enforced on the basis of existing law and jurisprudence
- Assertion of opposite claims susceptible of judicial resolution
What to remember: the case must not be moot or academic or based on extra-legal or other similar considerations
not cognizable by a court of justice; in short, it must be definite and concrete, touching the legal relations of parties
having adverse legal interests.

PACU vs. Secretary of Education (97 Phil. 806 G.R. No. L-5279)
Facts: Petitioners requested that Act No. 2706 as amended by Act No. 3075 and Commonwealth Act No. 180 be
declared unconstitutional.
Ruling: No justiciable controversy has been presented to the SC. The Court was not informed that the Board on
Textbooks has prohibited this or that text, or that the petitioners refused or intended to refuse to submit some
textbooks, and are in danger of losing substantial privileges or rights for so refusing. Of course it was
necessary to assure herein petitioners, that when and if, the dangers they apprehend materialize and judicial
intervention is suitably invoked, after all administrative remedies are exhausted, the courts will not shrink
from their duty to delimit constitutional boundaries and protect individual liberties.

Political Question - concerned with the issues dependent on the wisdom and not on the legality of law

2. The question of constitutionality must be raised by the proper party;

Proper party – one who has sustained or is in immediate danger of sustaining an injury as a result of the act
complained of (a party who has locus standi)
Cuyegkeng vs. Cruz G.R. No. L-16263 July 26, 1960.
Facts: The petitioner challenged in a quo warranto proceeding the title of the respondent who, he claimed, had
been appointed to the board of medical examiners in violation of the provisions of the Medical Act of 1959.
Ruling: The Court held that Cuyegkeng had not made a claim to the position held by Cruz and therefore could
not be regarded as a proper party who had sustained an injury as a result of the questioned act.

3. The constitutional question must be raised at the earliest possible opportunity;

General Rule: If the question is not raised in the pleadings, it cannot be considered at the trial, and, if not
considered at the trial, it cannot be considered on appeal.
Exceptions:
a. In criminal cases, the constitutional question can be raised at any time in the discretion of the court.
b. In civil cases, the constitutional question can be raised at any stage if it is necessary to the determination of
the case itself.
c. In every case, except where there is estoppel, the constitutional question may be raised at any stage if it
involves the jurisdiction of the court.

4. The decision of the constitutional question must be necessary to the determination of the case itself.
Rationale: doctrine of separation of powers which enjoins upon each department a proper respect for the acts of
the other departments. In line with this, courts indulge the presumption of constitutionality and go by the maxim
that “to doubt is to sustain.” A law is supposed to have been carefully studied and determined to be constitutional
before it was finally enacted.
Laurel vs. Garcia 187 SCRA 797
Ruling: The Court will not pass upon a constitutional question although properly presented by the record if the
case can be disposed of on some other ground such as the application of a statute or general law.

Effects of a Declaration of Unconstitutionality

Orthodox View – an unconstitutional act is not a law
Norton vs. Shelby
Ruling: an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it
creates no office; it, in legal contemplation, inoperative, as if it had not been passed. It is therefore stricken
from the statute books and considered never to have existed at all.

Modern View – less stringent; the court in passing upon the question of constitutionality does not annul or repeal
the statute if it finds it in conflict with the Constitution. It simply refuses to recognize it and determines the rights
of the parties just as if such statute had no existence. The court may give its reasons for ignoring or disregarding
the law, but the decision affects the parties only and there is no judgment against the statute.
Manila Motors Co. vs. Flores
Facts: Plaintiff filed a complaint for the recovery of installments which fell due in 1941. The defendant pleaded
prescription, 13 years having elapsed since the due date. Plaintiff argued that the prescriptive period has been
suspended by the Moratorium Law, but the defendant averred that the law had been declared
unconstitutional and therefore no rights could be built upon it.
Ruling: The Supreme Court rejected the contention of the defendant and, applying considerations of equity,
relaxed the operation of the orthodox view.

Powers of the Supreme Court (Art VIII Sec 5 and Sec 6)

Art VIII, Sec 5. The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
1.Original jurisdiction
Generally, the aforementioned authorities are immune from suit, save in certain cases, as when immunity is waived
either expressly or impliedly. In such instances, the SC can and probably should take cognizance of the litigation in
view of possible international repercussions.

Petitions for certiorari, mandamus, prohibition and quo warranto are special civil actions.
First three: questions of jurisdiction or grave abuse of discretion
Certiorari: filed when any tribunal, board, or officer exercising judicial functions has acted without or in excess of
its or his jurisdiction, or with grave abuse of discretion, and there is no appeal, nor any plain, speedy, and adequate
remedy in the ordinary course of law; must allege the facts with certainty and pray that judgment be rendered
annulling or modifying the proceedings, as the law requires, of such tribunal, board or officer.
Prohibition: filed when any proceedings of any tribunal, corporation, board, or person, whether exercising
functions judicial or ministerial, are without or in excess of its or his jurisdiction, or with grave abuse of discretion,
and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law; must allege
the facts pray that judgment be rendered commanding the defendant to desist from further proceedings in the
action or matter specified therein.
Mandamus: filed when any tribunal, corporation, board, or person unlawfully neglects the performance of an act
which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes
another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain,
speedy and adequate remedy in the ordinary course of law; must allege the facts and pray that judgment be
rendered commanding the defendant, immediately or at some other specified time, to do the act required to be
done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the
wrongful acts of the defendant.
Fourth: question on the title of the respondent.
Quo warranto: an action for usurpation of office or franchise or against a corporation for violation of its character
or for misuse, non-use or forfeiture of its rights and privileges.

Petition for habeas corpus is a special proceeding. It shall extend to all cases of illegal confinement or detention by
which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the
person entitled thereto.

2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All cases in which only an error or question of law is involved.
2.Appellate jurisdiction
Rule: As long as the parties have been given the opportunity to be heard in the lower court, they cannot demand
the right to appeal if the legislature sees fit to withhold it. Appeal is as a general rule a matter of statutory right
entirely dependent upon the discretion or policy of the lawmaking body (Congress).

Nevertheless, the rule is not absolute. In the cases enumerated in the provision, a party may, on appeal or certiorari,
question the judgments and decrees of a lower court before the SC.

Calano vs. Cruz (94 Phil 230)

Facts: The petitioner was appealing from a decision of the court of first instance dismissing his quo warranto
proceeding against a rival candidate for municipal councilor on the legal ground of failure to state a cause of
action. The respondent contended that the appeal of the Revised Election Code allowed appeals only in
election contests involving provincial and city elective officials, excluding municipal officials.
Ruling: “Section 178 of the Revised Election Code did not intend to prohibit or prevent the appeal to the SC in
protests involving purely questions of law, that is to say, that protests involving other offices such as
municipal councilors may be appealed provided that only legal questions are involved in the appeal.”

Administrative decisions are not included; the provision only specifies final judgments and decrees only of “lower
courts.”
e.g. decisions of a court martial

3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary
assignment shall not exceed six months without the consent of the judge concerned.
3.Temporary Assignment of Judges
The present rule bolsters the independence of the judiciary in so far as it vests the power to temporarily assign
judges of inferior courts directly in the SC and no longer in the executive authorities and conditions the validity of
any such assignment in excess of six months upon the consent of the transferred judge.
Rationale: to minimize if not altogether eliminate the pernicious practice of the rigodon de jueces

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

4.Change of Venue or Place of Trial
People vs. Gutierrez (39 SCRA 173)
Ruling: The SC ordered the transfer of a criminal case from a court of first instance to a circuit criminal court
elsewhere because the witnesses for the protection were unwilling to testify for fear of retaliation from the
accused or their followers in the place where the offenses were allegedly committed. The atmosphere in
Baguio City was less intimidating; as such, the witnesses lost their inhibitions and gave the needed testimony
that led to the conviction of the accused.

5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-
privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall
be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme
Court.
5.Rule-making Power
The 1987 Constitution authorizes the SC to promulgate rules on an additional subject, to wit, legal assistance to the
underprivileged, in line with the social justice policy. Most significantly, the SC is authorized to promulgate rules
concerning the protection and enforcement of constitutional rights.
In relation to Art III, Sec 16: All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

Limitations on the rule-making power

a. The rules must be uniform for all courts of the same grade.
b. The rules must not diminish, increase or modify substantive rights.
Lim vs. Zosa G.R. No. L-40252
Ruling: The SC allowed changes in the birth entry regarding a person’s citizenship as long as adversary
proceedings are held. “Where such a change is ordered, the SC will not be establishing a substantive right but
only correcting or rectifying an erroneous entry in the civil registry as authorized by law. Rule 108 of the Rules
of Court provides only the procedure or mechanism for the proper enforcement of the substantive law
embodied in Art 412 of the Civil Code and so does not violate the Constitution.”

6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
6.Appointment of Court Personnel
The power is now extended to all the officials and employees of the judiciary itself, unlike in the 1973 Constitution.

Art VIII, Sec 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

7.Administrative Supervision of Courts

In the 1935 Constitution, placed the administrative supervision over courts in the Dept of Justice; 1973
Constitution made a significant innovation and transferred the power of administrative supervision over all courts
and their personnel to the SC.
Examples:
a. Detail of judges
b. Payment of salaries
c. Grant of vacation and sick leaves
d. Appointment or transfer of their personnel
e. Purchase of equipment
 CHAPTER 13: THE CONSTITUTIONAL COMMISSIONS
Civil Service Commission Commission on Elections
GUARANTEES WHICH ENSURE INDEPENDENCE OF THE CONSTITUTIONAL COMMISSIONS
1. These bodies are created by the constitution itself and
may not be abolished by statute
2. Each of them is expressly described in the
constitution as “independent”
3. Each of them is conferred certain powers and
functions which cannot be withdrawn or reduced by
statute
4. The chairmen and members of all of these
commissions may not be removed from office except by
impeachment
5. The chairmen and members of all of these
commissions are given the fairly long term of 7 years
6. The terms of office of the chairmen and members of
all of these commissions are staggered in such a way as
to lessen the opportunity for appointment of the
majority of the body by the same president
7. The chairmen and members of all of these
commissions may not be reappointed or appointed in an
acting capacity
8. The salaries of the chairmen and members of all of
these commissions are relatively high and may not be Art. XVIII, Sec. 17
decreased during their continuance in office
9. The commissions all enjoy fiscal autonomy
10. Each commission may promulgate its own
procedural rules
11. The chairmen and members of all of these Art. IX, Sec. 4
commission are subject to certain disqualifications and The Constitutional Commissions shall appoint their
Commission on Appointments
Art. IX – A, Sec. 1
The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
Art. XI, Sec. 2
The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed
from office on impeachment for, and conviction of,
culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees may
be removed from office as provided by law, but not by
impeachment.
Arts. IX – B, C, D, Sec. 1(2)
The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment.
Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or
acting capacity.
Art. IX, Sec. 3
The salary of the Chairman and the Commissioners shall
be fixed by law and shall not be decreased during their
tenure.
Until the Congress provides otherwise, … the Chairmen
of the Constitutional Commissions, two hundred four
thousand pesos each; and the Members of the
Constitutional Commissions, one hundred eighty
thousand pesos each.
Art. IX, Sec. 5
The Commission shall enjoy fiscal autonomy. Their
approved annual appropriations shall be automatically
and regularly released.
Art. IX, Sec. 6
Each Commission en banc may promulgate its own rules
concerning pleadings and practice before it or before
any of its offices. Such rules, however, shall not
diminish, increase, or modify substantive rights.
inhibitions calculated to strengthen their integrity officials and employees in accordance with law.
12. The constitutional commission are allowed to
appoint their own officials and employees in accordance
with the civil service law

PURPOSE (AGAINST To prevent the legislature from exerting pressure upon the Commissions by “operating on
DECREASE) their necessities”
PURPOSE Recognition of the need that may arise to adjust the compensation to any increase in the
(INCREASE) cost of living
DISQUALIFICATIONS Art. IX-A, Sec. 3. No member of a Constitutional Commission shall, during his tenure, hold
any other office or employment. Neither shall he engage in the practice of any profession or
in the active management or control of any business which, in any way, may be affected by
the functions of his office, nor shall he be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations or their subsidiaries.
PURPOSE To compel the chairmen and members of the Constitutional Commissions to devote their
full attention to the discharge of their duties and, as well, to remove from them any
temptation to take advantage of their official positions for selfish purposes

STAGGERING OF TERMS

HOW - Original appointees: serve for a term of 3, 5 and 7 years; there would be a vacancy every 2
years
- Subsequent appointees: serve the full term of 7 years
PURPOSE - Members of the Constitutional Commissions will not vacate their office at the same time
- Intended to insure the continuity of the body and its policies
REASON To minimize the opportunity of the President during his own term more than one member or
group of members
REQUISITES FOR - The original members of the Commissions shall begin their terms on a common date
EFFECTIVE - Any vacancy occurring before the expiration of the term shall be filled for the balance of
“ROTATIONAL such term
SCHEME”
RESULT 1/3 of the membership in all of these Commission vacated at regular intervals

REAPPOINTMENT

– The question of whether or not a member of the Commission may be reappointed if he has not yet served the full
term of seven years is still open in view of two apparently conflicting rulings of the Supreme Court.
- Nacionalista Party vs De Vera – a member may be reappointed
- Republic vs Imperial – once appointed, regardless of the duration of his tenure, a member of the Commission
could no longer be reappointed
- Nacionalista Party vs Bautista – the Solicitor General could not be appointed acting member of the Commission
on Election (revocable nature of appointment and subject to President’s constitutional power)

OTHER PERQUISITES

Empowered to appoint their own officials and employees in accordance with the civil service laws

PROCEEDINGS
– Art. IX-A, Sec. 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought
before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the
rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law,
any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the
aggrieved party within thirty days from receipt of a copy thereof.
- to assure people of a speedy disposition of their cases
- this proceeding is limited to issues involving grave abuse of discretion resulting in lack or excess of jurisdiction
and does not ordinarily empower the Court to review the factual findings of the Commissions
 CHAPTER 14: THE CIVIL SERVICE COMMISSION
HISTORY

1935 CONSTITUTION 1973 CONSTITUTION 1987 CONSTITUTION

Only a statutory body Bolstered as a constitutional body

Reason: To maintain its independence and to make it a vigorous and non-

partisan instrument for the development of an efficient and honest civil
service

COMPOSITION AND QUALIFICATIONS [Sec. 1 (1)]

COMPOSITION QUALIFICATIONS
1 Chairman  Natural-born citizens of the Philippines
2 Two Commissioners  At least 35 years of age at the time of their appointment
 With proven capacity for public administration
 RESTRICTION: Must not have been candidates for any elective
position in the elections immediately preceding their appointment

– The original requirement for possession of a college degree is replaced with the phrase “with proven capacity
for public administration” as not any college degree can ensure such competence.

APPOINTMENT AND TERM [Sec. 1 (2)]

1 The Chairman and the Commissioners shall be appointed by the President with the consent of the COA
2 for a term of SEVEN YEARS WITHOUT REAPPOINTMENT.
3 Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and
another Commissioner for three years, without reappointment.
4 Appointment to any vacancy shall be only for the unexpired term of the predecessor.
5 In no case shall any Member be appointed or designated in a temporary of acting capacity.

– Purpose of staggered terms

- To lessen the opportunity of the President to appoint a majority of the body during his term;
- To ensure the continuance of the body, which always retains 2/3 of its membership even as 1/3 is vacated
every two years; and
- To stabilize the body as maintained by the remaining members.
– Purpose of prohibition on temporary appointments: to discontinue the ploy of temporarily appointing a
Member for so long and then permanently appointing him for the full term of 7 years to lengthen his term

SCOPE

1973 CONSTITUTION 1987 CONSTITUTION

Article XII-B, Section 1(1). The Civil Service embraces
every branch, agency, subdivision, and instrumentality
of the government, including every government-owned
or controlled corporation.
SCOPE WAS MORE ALL-ENCOMPASSING.
Article IX-B, Section 2(1). The civil service embraces all
branches, subdivisions, instrumentalities and agencies
of the Government, including government-owned or
controlled corporations with original charters.
SCOPE WAS LIMITED.
GOCCs without original charters or those constituted
under the Corporation Code of the Philippines are not
covered

CASES: UP v. Regino, TUPAS v. NHC and Juco v. NLRC

– Corporations with original charters are those created by special law (examples: GSIS and SSS)
– Corporations which are subsidiaries of these chartered agencies are not within the coverage of the civil service
(example: Manila Hotel)

CLASSIFICATIONS OF POSITIONS IN THE CIVIL SERVICE

CAREER SERVICE NON-CAREER SERVICE

1. Open Career positions for appointment to which 1. Elective officials and their personal or confidential
prior qualification in an appropriate examination is staff;
required;
2. Closed Career positions which are scientific or highly 2. Department heads and other officials of Cabinet rank
technical in nature; these include the faculty and who hold positions at the pleasure of the President and
academic staff of state colleges and universities, and their personal or confidential staff;
scientific and technical positions in scientific or
research institutions which shall establish and maintain
their own merit systems;

3. Positions in the Career Executive Service; namely,
Undersecretary, Assistant Secretary, Bureau Director,
Regional Director, Assistant Regional Director, Chief of
Department Service and other officers of equivalent
rank as may be identified by the Career Executive
Service Board, all of whom are appointed by the
President;
4. Career officers, other than those in the Career
Executive Service, who are appointed by the President,
such as the Foreign Service Officers in the Department
of Foreign Affairs;
3. Chairmen and members of commissions and boards
with fixed terms of office and their personal or
confidential staff;
4. Contractual personnel of those whose employment in
the government is in accordance with a special contract
to undertake a specific work or job, requiring special or
technical skills not available in the employing agency, to
be accomplished within a specific period, which in no
case shall exceed one year, and perform or accomplish
the specific work or job, under their own responsibility
with a minimum of direction and supervision from the
hiring agency; and

5. Commissioned officers and enlisted men of the 5. Emergency and seasonal personnel.
Armed Forces, which shall maintain a separate merit
system;
6. Personnel of government-owned or controlled
corporations, whether performing governmental of
proprietary functions. Who do not fall under the non-
career service; and
7. Permanent laborers, whether skilled, semi-skilled or
unskilled.

APPOINTMENTS IN THE CIVIL SERVICE [Sec. 2 (2)]

GENERAL RULE
Shall be made according to:
a) merit and fitness b) determined by competitive exam

EXCEPTIONS
Those positions which are exempt from competitive exam:
a) Policy-determining b) Primarily confidential c) Highly technical
- one charged with laying-down or - one denoting not only confidence - requires the appointee thereto to
principal or fundamental in the aptitude of the appointee possess technical skill or training
guidelines or rules for the duties of the office but in the supreme or superior degree.
- EXAMPLE: head of a department primarily close intimacy which
insures freedom of intercourse
without embarrassment or
freedom from misgiving or
betrayals of personal trust on
confidential matters of state, or
one declared to be so by the
President upon recommendation
of the CSC.
- EXAMPLES: chief legal counsel of
PNB, city legal officer
- CASES: Hilario v. CSC, PAGCOR v.
Rilloraza and Besa v. PNB

– Appointments in the civil service may either be:

o Permanent – shall be issued to a person who meets all the requirements for the position to which he is
being appointed, including appropriate eligibility prescribed, in accordance with the provisions of laws,
rules and standards promulgated in pursuance thereof; or
o Temporary – in the absence of appropriate eligibles and it becomes necessary in public interest to fill a
vacancy, it shall be issued to a person who meets all the requirements for the position to which he is being
appointed except the appropriate civil service eligibility, PROVIDED that such temporary appointment shall
not exceed 12 months, but the appointee may be replaced sooner if a qualified civil service eligible becomes
available. This appointment may be withdrawn or discontinued, with or without cause, by the appointing
power.

SECURITY OF TENURE

RULE Sec. 2 (3) No officer or employee of the civil service shall be removed or suspended except for
cause provided by law.
RESTRICTION Administrative Code of 1987 – enumerates grounds for discipline of civil servants and provides
for a fixed procedure for their administrative investigation

Pending his administrative investigation, it is provided that the employee charged shall be
subject to preventive suspension but the same shall be lifted after 90 days if he is not a
presidential appointee unless the delay in the conduct of the probe is imputable to him.

CASES Dario v. Mison

De la Llana v. Alba
Palma v. Fernandez

PARTISAN POLITICAL ACTIVITY

DEFINITION Active support for or affiliation with the cause of a political party or candidate
RULE Sec. 2(4) No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
PURPOSE a) to prevent the members of the civil service from using the resources of the government for
the benefit of their candidates; and
b) to insulate them from political retaliation from winning candidates they have opposed or not
supported.
CASES Santos v. Yatco
Cailles v. Bonifacio
SELF-ORGANIZATION

RULE Sec. 2(5) The right to self-organization shall not be denied to government employees.
RESTRICTION Employees in the civil service may not resort to strike, walkouts and other temporary work
stoppages to pressure the Government to accede to their demands
REASON The terms and conditions of employment in the Government are governed by law
CASES SSS Employees Association v. CA
Bangalisan v. CA

DISQUALIFICATIONS

RULE Sec. 7. par. 1. No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.
PURPOSE To ensure that the official would remain in the position to which he had been elected by the
people.
EXCEPTION Forfeiture of his elective position

RULE Sec. 7. par. 2. Unless otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment in the Government, or any
subdivision, agency or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.
PURPOSE To require him to devote his full attention and time to his basic work instead of permitting him
to dilute his efficiency in several positions being discharged by him, for which he may even be
allowed to collect extra compensation.

RULE Sec. 6. No candidate who has lost in any election shall, within one year after such election, be
appointed to any office in the Government of any government-owned or controlled
corporations or in any of its subsidiaries
PURPOSE To discontinue the practice of candidates-reject being nonetheless allowed to enter or re-enter
the public service by grateful executive to whom they had rendered considerable service
during the campaign

STANDARDIZATION OF COMPENSATION

RULE Sec. 5. The Congress shall provide for the standardization of compensation of government
officials and employees, including those in government-owned or controlled corporations with
original charters, taking into account the nature of the responsibility pertaining to, and the
qualifications require for, their positions.
PURPOSE To avoid a situation where there are many deserving civil servants who receive lower salaries
than their less competent colleagues
CORRELATION Republic Act No. 6758. Compensation and Position Classification Act of 1989
CASE Intia v. COA

DOUBLE COMPENSATION

RULE Sec. 8. No elective or appointive public officer or employee shall receive additional,
double or indirect compensation, unless specifically authorized by law, nor accept
without the consent of the Congress, any present, emolument, office, or title of any
kind from any foreign government.
Pensions or gratuities shall not be considered as additional, double or
indirect compensation.
As to receiving additional, double or direct compensation:
PURPOSE a) To inform the people of the exact amount a public functionary is receiving from
the government so they can demand commensurate services; and
b) To prevent the public functionary from dividing his time among the several
 positions concurrently held by him and ineptly performing his duties in all of them
because he cannot devote each the proper attention it deserves.
EXCEPTION Where the law allows him to receive extra compensation for services rendered in
another position which is an extension or connected with his basic work
CASE Quimzon v. Ozaeta
As to accepting any present, emolument, office or title of any kind from any foreign government:
PURPOSE To insulate the public functionary from improper foreign influence, which may be
exerted on him to the prejudice of national interest
EXCEPTION When the gesture of the foreign state may be a sincere manifestation of
appreciation or respect and without any sinister or ulterior motive, the prohibition
may be relaxed and the offer accepted with the consent of Congress
 CHAPTER 15: THE COMMISSION ON ELECTIONS
HISTORY

– Membership was increased from three under the Commonwealth charter to nine by the 1973 Constitution and
is now reduced to seven.
– PURPOSE: to be a more effective instrument in maintaining the secrecy and sanctity of the ballot as the
concrete expression of the will of the sovereign people.
– The duty of supervising elections was originally entrusted to Secretary of Interior, but this arrangement was
deemed unsatisfactory because of his partisan identification.
– Before, it was just a statutory body. It was converted into a constitutional body in 1940.

COMPOSITION AND QUALIFICATIONS [Sec. 1 (1)]

COMPOSITION QUALIFICATIONS
1 Chairman  Natural-born citizens of the Philippines
2 Six Commissioners  At least 35 years of age at the time of their appointment
 Holders of a college degree
 RESTRICTION: Must not have been candidates for any elective position
in the elections immediately preceding their appointment
 ADDITIONAL REQUIREMENT: A majority thereof, including the
Chairman, shall be members of the Philippine Bar who have been
engaged in the practice of law for at least 10 years.

CASE: Cayetano v. Monsod

APPOINTMENT AND TERM [Sec. 1 (2)]

1 The Chairman and the Commissioners shall be appointed by the President with the consent of the COA
2 for a term of SEVEN YEARS WITHOUT REAPPOINTMENT.
3 Of those first appointed, three Members shall hold office for seven years, two Members for five years, and
the last Members for three years, without reappointment.
4 Appointment to any vacancy shall be only for the unexpired term of the predecessor.
5 In no case shall any Member be appointed or designated in a temporary of acting capacity.
CASE: Brillantes v. Yorac

– Decrease in membership from nine to seven: intended to facilitate decisions of the Commision en banc by
concurrence of only four members constituting a majority.
– Purpose of staggered terms
o To lessen the opportunity of the President to appoint a majority of the body during his term;
o To ensure the continuance of the body, which always retains 2/3 of its membership even as 1/3 is vacated
every two years; and
o To stabilize the body as maintained by the remaining members.
– Purpose of prohibition on temporary appointments: to discontinue the ploy of temporarily appointing a
Member for so long and then permanently appointing him for the full term of 7 years to lengthen his term

POWERS AND FUNCTIONS (Sec. 2)

1. ENFORCEMENT OF ELECTION LAWS

RULE Sec. 2 (1) Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum and recall.
POWERS AND - Can require compliance with the rules for filing of certificates of candidacy (COC)
FUNCTIONS - Prevent or prosecute election offenses
 - Supervise the registration of voters, and the holding of the polls
- See to it that the canvass of the votes and the proclamation of winners are done in
accordance with law
- Allowed to postpone or continue elections, subject to certain conditions
- Power to annul an illegal registry of voters
- Power to cancel a proclamation made by one of the board of canvassers on the basis of an
irregular or incomplete canvass
- Power to oust the candidate proclaimed notwithstanding that he has already assumed
office
EXCEPTION Does not include the power to refuse to give due course to a COC duly accomplished and
filed, which duty has been described by law as merely ministerial
EXCEPTION TO It may reject nuisance candidates
THE EXCEPTION
RULE Sec. 4. The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchised or permits for the operation of transportation and
other public utilities, media of communication or information, all grants, special privileges,
or concessions granted by the Government or any subdivision, agency or instrumentality
thereof, including any government-owned or controlled corporation or its subsidiary. Such
supervision or regulation shall aim to ensure equal opportunity, time, and space, and the
right to reply, including reasonable, equal rates therefor, for public information campaigns
and forums among candidates in connection with the objective of holding free, orderly,
honest, peaceful, and credible elections.
REASON Such grants can be used to improper advantage by political parties or candidates to the
detriment of their rivals who may not be enjoying same privileges
RULE Sec. 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws,
rules and regulations shall be granted by the President without the favorable
recommendation of the Commission.
REASON Persons convicted of election offenses convicted by them for the benefit of the party in
power might be undeservedly relieved of their penalties by a grateful administration

2. DECISION OF ELECTION CONTESTS

RULE Sec. 2 (2) Exercise exclusive original jurisdiction over all contests relating to elections,
returns, and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involvi9ng elective municipal officials decided by trial courts of
general jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests involving
elective municipal and barangay offices shall be final, executory and not appealable.
POWER Exclusive original jurisdiction over election contests relating to the election, returns and
qualifications of all regional, provincial and city officials.
LIMITATION These cases may be appealed to the Supreme Court in a petition for certiorari, which is
limited to questions of law involving lack or excess of jurisdiction
POWER Appellate jurisdiction over contests involving municipal or barangay officials as originally
decided by regional or municipal trial courts, and its decisions in these cases shall be final,
executory, and not appealable.
LIMITATION Its decisions, orders and rulings may be challenged in a petition for certiorari with the SC
under Article IX-A, Section 7, on the ground of grave abuse of discretion.
CASE Javier v. Comelec

3. DECISION OF ADMINISTRATIVE QUESTIONS

RULE Sec. 2 (3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
EXCEPTION Comelec may decide questions involving the right to vote in the discharge of its duties
concerning the registration of voters, except that its decisions shall be subject to judicial
 review.
CASE Guevara v. Comelec

4. DEPUTIZATION OF LAW-ENFORCEMENT AGENCIES

RULE Sec. 2 (4) Deputize, with the concurrence of the President, law-enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

LIMITATION May be exercised only with the consent of the President. (This limitation was not provided
in the 1973 Constitution.)
CORRELATION Sec. 2 (8) Recommend to the President the removal of any officer or employee it has
deputized, or the imposition of any disciplinary action, for violation or disregard of, or
disobedience to its directive, order, or decision.
LIMITATION Comelec may merely recommend, it cannot exercise direct disciplinary authority over those
deputized. (This is one instance where Comelec, although declared to be independent, is
subordinated to the President.)

5. REGISTRATION OF POLITICAL PARTIES

RULE Sec. 2 (5) Register, after sufficient publication, political parties, organizations, or coalitions
which, in addition to other requirements, must present their platform or program of
government; and accredit citizens’ arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or
which are supported by any foreign government shall likewise be refused registration.
Financial contributions from foreign government and their agencies to political parties,
organizations, coalitions, or candidates related to elections, constitute interference in
national affairs, and when accepted, shall be an additional ground for the cancellation of
their registration with the Commission, in addition to other penalties that may be prescribed
by law.

PURPOSE To give them political identity and juridical personality for purposes of the elections where
they intend to participate
RESTRICTIONS Religious groups, those subversive in nature or purpose, or does not recognize the
Constitution, or is being supported by a foreign government

6. IMPROVEMENT OF ELECTIONS
RULES Sec. 2 (7) Recommend to the Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted, and to prevent
and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.

Sec. 2 (9) Submit to the President and the Congress a comprehensive report on the conduct
of each election, plebiscite, initiative, referendum, or recall.

REASON Elections have deteriorated so scandalously in some cases that they have become no more
than auctions in which public office is awarded to the highest bidder.

LEGISLATION Omnibus Election Law

ELECTION PERIOD

RULE Sec. 9. Unless otherwise fixed by the Commission in special cases, the election period shall
commence 90 days before the day of election and shall end 30 days thereafter. (The old law
prescribed an election period that ended on election day.)

EXAMPLE OF Special election for the President which should be called 7 days after the occurrence of the
SPECIAL CASE vacancy to be filled, not earlier than 45 nor later than 60 days from such call
NOTES Campaign period is different from election period. The latter cannot extend beyond elections.
Under present law, it ends 2 days before elections.

PARTY SYSTEM

RULE Sec. 6. A free and open party system shall be allowed to evolve according to the free choice of
the people, subject to the provisions of this Article.

Sec. 7. No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this Constitution.

Sec. 8. Political parties, or organizations or coalitions registered under the party-list system,
shall not be represented in the voters’ registration boards, boards of election inspectors,
boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll
watchers in accordance with law.
NOTES 1987 Constitution – against the two-party system
Reason for these laws is to diminish to a considerable degree the possibility of undeserving
nominees winning on the strength alone of the party to which they belong.

FUNDS

RULE Sec. 11. Funds certified by the Commission as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided
in the regular or special appropriations and, once approved, shall be released automatically
upon certification by the Chairman of the Commission.

REASON An added measure to ensure the independence of Comelec, but more especially to guarantee
the proper conduct of elections and other exercise calling for the suffrages of the people

JUDICIAL REVIEW

RULE Art. IX-A, Sec. 7. Each Commission shall decide by a majority vote of all its Members, any
case or matter brought before it within 60 days from the date of its submission for decision
or resolution. A case or matter is deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum required by the rules of the Commission or
by the Commission itself. Unless otherwise provided by this Constitution or by law, any
decision, order, or ruling of each Commission may be brought to the Supreme Court on
certiorari by the aggrieved party within 30 days from receipt of a copy thereof.
NOTES Not as broad as it used to be and should be confined to instances of grave abuse of
discretion amounting to patent and substantial denial of due process.
Certiorari – implies an indifferent disregard of the law, arbitrariness, and caprice, an
omission to weigh pertinent consideration, a decision arrived at without rational
deliberation.
 CHAPTER 16: THE COMMISSION ON AUDIT
RULE Art. IX-D Sec. 1 (2) The Chairman and the Commissioners shall be appointed by the
President with the consent of the Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the Chairman shall hold office for seven
years, one Commissioner for five years, and the other Commissioner for three years,
without reappointment. Appointment to any vacancy shall be only for the unexpired portion
of the term of the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.
PURPOSE - Watchdog of the financial operations of the government
- Replaced the General Auditing Office established under the 1935 Constitution
IMPORTANCE stability of the government depends to a considerable degree in the integrity of its fiscal
policies and transactions
COMPOSITION Chairman
Two Commisioners
QUALIFICATIONS a) Natural-born citizens
b) AT least 35 years of age
c) Certified public accountants with not less than 10 years of auditing experience or
members of the Philippine Bar who have been engaged in practice of law for at least 10
years
d) Must not have been candidates for any elective positions in the elections immediately
preceding their appointment (to prevent the body from becoming dumping ground of
failed politicians

Additional requirement: At no time shall all members of the commission belong to the same
profession

POWERS AND FUNCTIONS (Sec. 2)

(1) The Commission on Audit shall have the power, AUTHORITY, AND DUTY TO EXAMINE, AUDIT, AND SETTLE
ALL ACCOUNTS pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned
or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations with original charters, and on a post- audit basis: (a)
constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution; (b)
autonomous state colleges and universities; (c) other government-owned or controlled corporations and their
subsidiaries; and (d) such non-governmental entities receiving subsidy or equity, directly or indirectly, from or
through the Government, which are required by law or the granting institution to submit to such audit as a
condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate,
the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and
appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as
may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of
its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and
auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable expenditures or uses of government funds and properties.

CASE: Orocio vs COA

– Collected public funds are required to be turned over to the national treasury and accounted for in accordance
with law and regulations
– COA should see to it that this duty is duly performed by the officers receiving these collections
– In the absence of appropriation (by the Congress or Constitution), it is the duty of the COA to refuse to approve
the disbursement of public funds
– to release public funds, a warrant must be drawn from the proper administrative office and countersigned by
COA (ministerial function)
 - the warrant has been legally drawn by the officer authorized by law to do so
- an appropriation to which the warrant may be applied exists by virtue of law
- an unexpended balance of the amount appropriated is available

DISCRETIONARY

– Duty to pass in audit a salary voucher

– Duty of the COA to issue certificate of clearance to any accountable officer seeking to leave the Philippines

The COA acts as the central accounting agency of the government and has the custody, and thus can protect the
integrity, of all vouchers relating to the accounts of various government offices.

The COA continues to be empowered to promulgate accounting and auditing rules and regulations, including those
for the prevention of irregular, unnecessary, excessive, extravagant or unconscionable expenditures or uses of
public funds and property.

COA’S “CRITICAL FUNCTION”

– The Constitution authorizes it to veto appropriations

– The scope of the auditing powers of the COA has been expanded to include not only the major departments of the
government and government-owned or controlled corporations but also the irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures or uses of government funds and properties.

The Constitution provides for the exemption of pre-audit procedures of certain institutions whose functions would
otherwise be hampered by such requirements.
If expenditures are urgently needed – special measures are taken by the COA to adapt to the problem

Any monetary claim against the government must first be filed with the COA, which must act upon it within 60
days

PROHIBITED EXEMPTIONS

Sec. 3. No law shall be passed exempting any entity of the Government or its subsidiaries in any guise whatever, or
any investment of public funds, from the jurisdiction of the Commission on Audit.

REPORT

Sec. 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual
report covering the financial condition and operation of the Government, its subdivisions, agencies, and
instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject
to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such
other reports as may be required by law.
Through the report, the President and the Congress shall be informed of the financial status of the
government and the manner in which revenues have been collected, appropriation laws have been implemented,
and expenditures or uses of public funds and properties undertaken.

AUTHORITY OF THE COA TO RECOMMEND MEASURES TO IMPROVE THE EFFICIENCY AND EFFECTIVENESS
OF THE GOVERNMENT

Empowers it to conduct “performance audit” which goes beyond the mere examination of receipts and
expenditures as it extends to the evaluation of the application of funds, to the analysis of expenditures as well as to
cost benefit studies.