(c) The President’s veto power

General rule: all bills must be approved by the President before they become law

Exceptions:
(1) The veto of the President is overridden by 2/3 vote of all the Members of the House where it
originated;
(2) The bill lapsed into law because the inaction of the President; and
(3) The bill passed is the special law to elect the President and Vice-President.

This gives the President an actual hand in legislation. However, his course of action is only to
approve it or veto it as a whole.(see Legislative Power of Congress)

1. Qualified vs. Absolute veto

The regular veto is a qualified negative veto. The President returns the unsigned legislation

to the originating house of Congress within a 30 day period from receipt thereof.

1 |Solis, A. Tita’s PoliRev Notes

Absolute veto is when the head of the government (Crown/Viceroy/President) refuses assent
to any bill passed by the legislature. It cannot become law. In principle the British monarch
possesses the prerogative of absolute veto, but this has become more or less obsolete in
practice with the development of Cabinet system.

Pocket veto is a disapproval of a bill by inaction on the part of the President or simply
withholding a bill, neither giving assent nor sending it for reconsideration back to the
legislature. The specified time limit in Philippines is 30 days within which the President is
required to either give his assent or send it back for reconsideration otherwise, it shall
become a law as if he had signed it.

2. “Executive Impoundment”

Impoundment refers to the refusal of the President, for whatever reason, to release
funds appropriated by Congress. It is the failure to spend or obligate budget authority of
any type. (Senate Bill No. 761)

2 |Solis, A. Tita’s PoliRev Notes

Comparison: Section 27, Article 6 (1987) vs Section 20, Article 6 (1935)

Section 27, Article 6, 1987 Constitution

1. Every bill passed by the Congress shall, before it becomes a law, be presented to the
President. If he approves the same he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated, which shall enter the
objections at large in its Journal and proceed to reconsider it. If, after such reconsideration,
two-thirds of all the Members of such House shall agree to pass the bill, it shall be
sent, together with the objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of that House, it shall
become a law. In all such cases, the votes of each House shall be determined by yeas or nays,
and the names of the Members voting for or against shall be entered in its Journal. The
President shall communicate his veto of any bill to the House where it originated within
thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had
signed it.

3 |Solis, A. Tita’s PoliRev Notes

2. The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to
which he does not object. (line veto)

Section 20, Article 6, 1935 Constitution

1. Every bill passed by the Congress shall, before it becomes a law, be presented to the
President. If he approves the same, he shall sign it; but if not, he shall return it with his
objections to the House where it originated, which shall enter the objections at large on its
Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the bill, it shall be sent together, with the
objections, to the House by which it shall likewise be reconsidered, and if approved by two-
thirds of all the Members of that House, it shall become a law. In all such cases, the votes of
each House shall be determined by yeas and nays, and the names of the Members voting for
and against shall be entered on its Journal. If any bill shall not be returned by the President as
herein provided within twenty days (Sundays excepted) after it hall have been presented to
him, the same shall become a law in like manner as if he had signed it, unless the Congress by
adjournment prevent its return, in which case it shall become a law unless vetoed by the
President within thirty days after adjournment.

4 |Solis, A. Tita’s PoliRev Notes

2. The President shall have the power to veto any particular item or items of an appropriation
bill, but the veto shall not affect the item or items to which he does not object. When a
provision of an appropriation bill affects one or more items of the same, the
President cannot veto the provision without at the same time, vetoing the
particular item or items to which it relates. The item or items objected to shall not take
effect except in the manner heretofore provided as to bills returned to the Congress without the
approval of the President. If the veto refers to a bill or any item of an appropriation bill which
appropriates a sum in excess of ten per centum of the total amount voted in the appropriation
bill for the general expenses of the Government for the preceding year, or if it should refer to a
bill authorizing an increase of the public debt, the same shall not become a law unless
approved by three-fourths of all the Members of each House.

3. The President shall have the power to veto any separate item or items in a revenue of tariff
bill, and the item or items shall not take effect except in the manner provided as to bills vetoed
by the President.

Sir’s note: Generally the President vetoes or approves the entire bill, except in line veto
where the President vetoes an item in an appropriation, revenue or tariff bill.

5 |Solis, A. Tita’s PoliRev Notes

Appropriations Bill
- Every provision or enactment must relate to a specific appropriation.
-DBM (Department of Budget and Management), an executive department, initiates the
creation of a budget. They have the resources to know when and how the budget is being spent.
Projected expenses come from the executive departments.
- Congress cannot increase the budget proposed by the executive, only decrease or realign.

Article VI, Sec. 25 (2)

No provision or enactment shall be embraced in the general appropriations bill
unless it relates specifically to some particular appropriation therein. Any such
provision or enactment shall be limited in its operation to the appropriation to which it relates.

- No dangling provisions allowed. Each provision must relate specifically to some

particular appropriation therein.

Purpose: To prevent riders.

Veto: When a President encounters a dangling provision he must veto it.
When the President vetoes a provision in the appropriations bill, he must also veto the
conditions and appropriation to which such relates.
6 |Solis, A. Tita’s PoliRev Notes
BOLINAO ELECTRONICS CORPORATION vs. BRIGIDO VALENCIA, [G.R. No. L-
20740. June 30, 1964]

Issue: WON the President may legally veto a condition attached to an appropriation or item in
the appropriation bill. 

Held: In the case of State v. Holder, it was already declared that such action by the Chief
Executive was illegal. This ruling, that the executive's veto power does not carry with
it the power to strike out conditions or restrictions, has been adhered to in subsequent
cases. If the veto is unconstitutional, it follows that the same produced no effect
whatsoever, and the restriction imposed by the appropriation bill, therefore, remains.

Under the Constitution, the President has the power to veto any particular item or
items of an appropriation bill. However, when a provision of an appropriation bill affects
one or more items of the same, the President cannot veto the provision without at the
same time vetoing the particular item or items to which it relates . 

7 |Solis, A. Tita’s PoliRev Notes

Neptali A. G Gonzales vs Macaraig et al. G.R. No. 87636. November 19, 1990.

Facts: The President promptly vetoed Section 55 (FY ‘89) and Section 16 (FY ‘90) because they
nullify the authority of the Chief Executive and heads of different branches of government to
augment any item in the General Appropriations Law for their respective offices from savings
in other items of their respective appropriations, as guaranteed by Article VI, Section 25 (5) of
the Constitution.

Issue: WON the President can augment any item in the general appropriations law for his
office from savings in other items of their respective appropriations. Yes.

Held: Supreme Court upheld the validity of the power of augmentation from savings
in Demetria v. Alba, which ruled:

“The constitution allowed the enactment of a law authorizing the transfer of funds for the
purpose of augmenting an item from savings in another item in the appropriation of
the government branch or constitutional body concerned. Such transfer may be made only if
there are savings from another item in the appropriation of the government branch or
constitutional body.
8 |Solis, A. Tita’s PoliRev Notes
Section 44 of Presidential Decree No. 1177, as amended (RA 6670 known as the "Budget
Reform) provides that “the President shall, likewise, have the authority to augment any
appropriation of the Executive Department in the General Appropriations Act,
from savings in the appropriations of another department, bureau, office or agency
within the Executive Branch, pursuant to the provisions of Sec. 25 (5), Art. VI)”.

There should be no question, therefore, that statutory authority has, in fact, been granted. And
once given, the heads of the different branches of the Government and those of the
Constitutional Commissions are afforded considerable flexibility in the use of
public funds and resources (Demetria v. Alba, supra). The doctrine of separation of
powers is in no way endangered because the transfer is made within a department (or branch
of government) and not from one department (branch) to another.

When Sections 55 (FY ‘89) and 16 (FY ‘90), therefore, prohibit the restoration or increase by
augmentation of appropriations disapproved or reduced by Congress, they impair the
constitutional and statutory authority of the President and other key officials to augment any
item or any appropriation from savings in the interest of expediency and efficiency. The
exercise of such authority in respect of disapproved or reduced items by no means vests in the
9 |Solis, A. Tita’s PoliRev Notes
Executive the power to rewrite the entire budget, as petitioners contend, the leeway granted
being delimited to transfers within the department or branch concerned, the
sourcing to come only from savings.

Inappropriate provisions

When the legislature inserts inappropriate provisions in a general appropriation bill, such
provisions must be treated as ‘items’ for purposes of the Governor’s item veto power over
general appropriation bills.

 “Legislative control cannot be exercised in such a manner as to encumber the general

appropriation bill with veto-proof ‘logrolling measure,’ special interest provisions which
could not succeed if separately enacted, or ‘riders,’ substantive pieces of legislation
incorporated in a bill to insure passage without veto. . .”

Restrictions or conditions in an Appropriations Bill must exhibit a connection with money

items in a budgetary sense in the schedule of expenditures. Again, the test is appropriateness.
Tested by these criteria, Section 55 and Section 16 must also be held to be inappropriate
"conditions."
10 |Solis, A. Tita’s PoliRev Notes
While they, particularly, Section 16, have been "artfully drafted" to appear as true conditions
or limitations, they are actually general law measures more appropriate for
substantive and, therefore, separate legislation. Further, neither of them shows the
necessary connection with a schedule of expenditures.

Sir’s Note: Augmentation power of the President. He cannot augment another item
pertaining to his department from a savings or reduced budget of another item belonging to
another department. He can only augment another item pertaining to his department from
savings from his own department.

-The provision vetoed does not relate to a specific appropriation hence a dangling or
inappropriate provision.

-Petitioner argued that the appropriations bill was meant to amend P.D. 1177. Then Congress
should have it so provided in a separate enactment, it being basic that implied repeals are not
favored. An amendment of an existing law should be made in a separate bill not in an
appropriation’s bill.

11 |Solis, A. Tita’s PoliRev Notes

Bengzon vs. Drilon G.R. No. 103524. April 15, 1992

Issue: Whether or not the veto of the President on that portion of the General Appropriations
bill is constitutional.

Held: The Justices of the Court have vested rights to the accrued pension that is due to them
in accordance to Republic Act 1797. The president has no power to set aside and
override the decision of the Supreme Court neither does the president have the
power to enact or amend statutes promulgated by her predecessors much less to the
repeal of existing laws. The veto is unconstitutional since the power of the president to
disapprove any item or items in the appropriations bill does not grant the authority to
veto part of an item and to approve the remaining portion of said item.

Notes: Pocket Veto Not Allowed

Sir’s note: Veto is invalid because the President does not have a power to veto an existing law
(it is tantamount to repealing of a law) and violates and existing Supreme Court ruling. He
does not have the power to amend statutes promulgated by his predecessor.

12 |Solis, A. Tita’s PoliRev Notes

The provision vetoed merely incorporates an existing law; vetoing the same is tantamount to
repealing or amending the law.

General Rule: There can be no transfer of appropriated funds and no law must be passed
transferring appropriations; exception is the power of augmentation but this power must be
granted by a law. President, Senate President, the Speaker of the House and the Heads of the
Constitutional Commissions can transfer or augment items in their departments from savings
in items within their department. They can transfer funds but only from savings.

- DAP involves a cross border augmentation; invalid

13 |Solis, A. Tita’s PoliRev Notes

 d. Legislative veto

...

e. Effectivity of Laws - Article 2, Civil Code of the Philippines;

Executive Order no. 200, June 18, 1987

Sec. 1. Laws shall take effect after fifteen days following the completion of their
publication either in the Official Gazette or in a newspaper of general circulation in
the Philippines, unless it is otherwise provided.

14 |Solis, A. Tita’s PoliRev Notes

 EXECUTIVE DEPARTMENT

A. The President

b. Qualifications:

“No person may be elected President unless he is a natural-born citizen of the

Philippines, a registered voter, able to read and write, at least forty years of age on
the day of the election, and a resident of the Philippines for at least ten years
immediately preceding such election” [Sec. 2, Art. VII].

Election [Sec. 4, Art. VII].

Regular Election: Second Monday of May.

Congress as canvassing board. Returns of every election for President and Vice President,
duly certified by the board of canvassers of each province or city, shall be transmitted to
15 |Solis, A. Tita’s PoliRev Notes
Congress, directed to the Senate President who, upon receipt of the certificates of canvass,
shall, not later than 30 days after the day of the election, open all the certificates in the
presence of the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in the manner
provided by law, canvass the votes. Congress shall promulgate its rules for the canvassing of
the certificates. In case two or more candidates shall have an equal and highest
number of votes, one of them shall be chosen by a majority vote of all the members
of Congress.

Term of Office: six [6] years.

a) No re-election: and no person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the same office at
any time.

16 |Solis, A. Tita’s PoliRev Notes

Oath of Office [Sec. 5, Art. VII]

 Before they enter on the execution of their office, the President, the Vice-President, or the
Acting President shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting President) of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and consecrate myself to the service of
the Nation. So help me God.” (In case of affirmation, last sentence will be omitted.)

c. Privileges and Salary [Sec. 6, Art. VII]

The President shall have an official residence. The salaries of the President and Vice-
President shall be determined by law and shall not be decreased during their tenure.
No increase in said compensation shall take effect until after the expiration of the term
of the incumbent during which such increase was approved. They shall not receive during
their tenure any other emolument from the Government or any other source.

17 |Solis, A. Tita’s PoliRev Notes

1. Official residence
2. Salary
3. Immunity from suit.
4. Executive Privilege. It has been defined as “the right of the President and high-level
executive branch officials to withhold information from Congress, the courts, and
ultimately, the public”. Thus, presidential conversations, correspondences, or
discussions during closed-door Cabinet meetings, like the internal deliberations
of the Supreme Court and other collegiate courts, or executive sessions of either House
of Congress, are recognized as confidential. The claim of executive privilege is highly
recognized in cases where the subject of the inquiry relates to a power textually
committed by the Constitution to the President, such as in the area of military and
foreign relations.

18 |Solis, A. Tita’s PoliRev Notes

 d. Rules on Succession.

1) Vacancy at the beginning of the term.

i) Death or permanent disability of the President-elect: Vice President-elect shall

become President.
ii) President-elect fails to qualify: Vice President-elect shall act as President until the
President-elect'shall have qualified.
iii) President shall not have been chosen: Vice President-elect shall act as President until
a President shall have been chosen and qualified.
iv) No President and Vice President chosen nor shall have qualified, or both shall
have died or become permanently disabled: The President of the Senate or, in case of
his inability, the Speaker of the House of Representatives shall act as President until a
President or a Vice President shall have been chosen and qualified. In the event of inability of
the officials mentioned, Congress shall, by law, provide for the manner in which one who is to
act as President shall be selected until a President or a Vice President shall have qualified.

19 |Solis, A. Tita’s PoliRev Notes

 2) Vacancy during the term.

i) Death, permanent disability, removal from office, or resignation of the

President: Vice President shall become the President.

ii) Death, permanent disability, removal from office, or resignation of President

and Vice President: Senate President or, in case of his inability, the Speaker of the House of
Representatives, shall act as President until a President or Vice President shall be elected and
qualified. Congress, by law, shall provide for the manner in which one is to act as President in
the event of inability of the officials mentioned above.

3) Temporary Disability.

i) When President transmits to the Senate President and the Speaker of the House
his written declaration that he is unable to discharge the powers and duties of his
office, and until he transmits to them a written declaration to the contrary: such
powers and duties shall be discharged by the Vice President as Acting President.

20 |Solis, A. Tita’s PoliRev Notes

ii) When a majority of all the Members of the Cabinet transmit to the Senate
President and the Speaker their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice President shall immediately
assume the powers and duties of the office as Acting President, x x x Thereafter, when the
President transmits to the Senate President and Speaker his written declaration that no
inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a
majority of the Members of the Cabinet transmit within 5 days to the Senate
President and Speaker their written declaration that the President is unable to
discharge the powers and duties of his office, Congress shall decide the issue. For this
purpose, Congress shall convene, if not in session, within 48 hours. And if, within 10 days from
receipt of the last written declaration or, if not in session, within 12 days after it is required to
assemble, Congress determines by a 2/3 vote of both Houses, voting separately, that the
President is unable to discharge the powers and duties of his office, the Vice President shall
act as President; otherwise, the President shall continue exercising the powers and duties of
his office.

21 |Solis, A. Tita’s PoliRev Notes

 4) Constitutional duty of Congress in case of vacancy in the offices of
President and Vice President:

At 10 o’clock in the morning of the 3 rd day after the vacancy occurs, Congress shall convene
without need of a call, and within 7 days enact a law calling for a special election to elect a
President and a Vice President to be held not earlier than 45 nor later than 60 days from the
time of such call. The bill shall be deemed certified and shall become law upon its approval on
third reading by Congress, x x x The convening of Congress cannot be suspended nor the
special election postponed, x x x No special election shall be called if the vacancy occurs within
18 months before the date of the next presidential election.

e. Removal of the President.

By impeachment [Secs. 2 & 3, Art. XI].

Sir’s note: Take care power – to investigate to find out if laws are violated and make sure
that mistakes won’t happen again, bring those responsible to justice and enact measures.

22 |Solis, A. Tita’s PoliRev Notes

 a. Singular Executive

CARMEN PLANAS, vs. JOSE GIL, G.R. No. L-46440. January 18, 1939

Issue: WON the president has the power to order the investigation

Held: Yes.  "The Executive power shall be vested in a President of the Philippines." All
executive authority is thus vested in him, and upon him devolves the constitutional duty of
seeing that the laws are "faithfully executed." In the fulfilment of this duty which he cannot
evade, he is granted specific and express powers and functions. In addition to these specific
and express powers and functions, he may also exercise those necessarily implied and included
in them. The constitutional grant to him of power to exercise general supervision over all local
governments and to take care that the laws be faithfully executed must be construed to
authorized him to order an investigation of the act or conduct of the petitioner herein.

Sir’s note: The President has the inherent power of investigation and remove officials within
the executive department who enjoys his confidence. President has full control of the executive
and administrative offices; but not local officials under LGU (only power of supervision which
includes investigation but not suspension) unless Congress gives him such power.
23 |Solis, A. Tita’s PoliRev Notes
Jose D. Villena, vs. The Secretary Of The Interior, G.R. No. L-46570. April 21, 1939

Issue: Whether the Secretary of Interior has the authority to order an investigation and to
decree suspension of the Mayor. – Yes.

Held: The Secretary of the Interior is invested with authority to order the investigation of the
charges against the petitioner and to appoint a special investigator for that purpose.

The Department of the Interior "executive supervision over the administration of provinces,
municipalities, chartered cities and other local political subdivisions." "Supervision is not a
meaningless thing. It is an active power. It is certainly not without limitation, but it at least
implies authority to inquire into facts and conditions in order to render the power real and
effective.

The Doctrine of qualified political agency applies…

Sir’s note: Power to suspend is not an inherent power of the Executive unless a law grants
him the power to suspend. In this case only the governor is granted by law to suspend not the
Interior Governor.
24 |Solis, A. Tita’s PoliRev Notes
ISIDRO C. ANG-ANGCO, vs. HON. NATALIO P. CASTILLO,G.R. No. L-17169. November
30, 1963

Issue: “Whether the President has the power to take direct action on the case of petitioner
Ang-Angco even if he belongs to the classified service in spite of the provisions now in force in
the Civil Service Act of 1959.

Held: No. The Power of control of the President may extend to the Power to investigate,
suspend or remove officers and employees who belong to the executive department if they are
presidential appointees or do not belong to the classified service for such can be justified under
the principle that the power to remove is inherent in the power to appoint (Lacson V. Romero,
supra), but not with regard to those officers or employees who belong to the
classified service for as to them that inherent power cannot be exercised.

With regard to these officers whose appointments are vested on heads of departments,
Congress has provided by law for a procedure for their removal precisely in view of this
constitutional authority. One such law is the Civil Service Act of 1959. Thus, “the action taken
by respondent Executive Secretary, even with the authority of the President, in taking direct
25 |Solis, A. Tita’s PoliRev Notes
action on the administrative case of petitioner, without submitting the same to the
Commissioner of Civil Service, is contrary to law and should be set aside.

Sir’s note: The president can conduct investigation but the removal and suspension must be
made in accordance to law. If he was granted by law such authority then he can exercise it, if
not then he has neither statutory nor inherent authority to do so.

26 |Solis, A. Tita’s PoliRev Notes

 Constructive Resignation

JOSEPH E. ESTRADA vs. ANIANO DESIERTO, G.R. Nos. 146710-15. March 2, 2001

Issue: WON the President resigned.

Held: Resigned. In sum, we hold that the resignation of the petitioner cannot be doubted. It
was confirmed by his leaving Malacañang. In the press release containing his final statement,
(1) he acknowledged the oath-taking of the respondent as President of the Republic albeit with
reservation about its legality; (2) he emphasized he was leaving the Palace, the seat of the
presidency, for the sake of peace and in order to begin the healing process of our nation. He did
not say he was leaving the Palace due to any kind inability and that he was going to re-assume
the presidency as soon as the disability disappears: (3) he expressed his gratitude to the people
for the opportunity to serve them. Without doubt, he was referring to the past opportunity
given him to serve the people as President (4) he assured that he will not shirk from any future
challenge that may come ahead in the same service of our country. Petitioner's reference is to a
future challenge after occupying the office of the president which he has given up; and (5) he
called on his supporters to join him in the promotion of a constructive national spirit of
reconciliation and solidarity. Certainly, the national spirit of reconciliation and solidarity could
27 |Solis, A. Tita’s PoliRev Notes
not be attained if he did not give up the presidency. The press release was petitioner's
valedictory, his final act of farewell. His presidency is now in the past tense.

e. Removal (Impeachment - see provisions under Article 11 -

Accountability of Public Officers)

Article XI
Accountability Of Public Officers

Section 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.

Section 3.

28 |Solis, A. Tita’s PoliRev Notes

1. The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.

2. A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or endorsement by any Member thereof,
which shall be included in the Order of Business within ten session days, and referred to the
proper Committee within three session days thereafter. The Committee, after hearing, and by a
majority vote of all its Members, shall submit its report to the House within sixty session days
from such referral, together with the corresponding resolution. The Page of 53 91 resolution
shall be calendared for consideration by the House within ten session days from receipt
thereof.

3. A vote of at least one-third of all the Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of Impeachment of the Committee, or override
its contrary resolution. The vote of each Member shall be recorded.

4. In case the verified complaint or resolution of impeachment is filed by at least one-third of

all the Members of the House, the same shall constitute the Articles of Impeachment, and trial
by the Senate shall forthwith proceed.
29 |Solis, A. Tita’s PoliRev Notes
5. No impeachment proceedings shall be initiated against same official more than once within a
period of one year.

6. The Senate shall have the sole power to try and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the
Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote.
No person shall be convicted without the concurrence of two-thirds of all the Members of the
Senate.

7. Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and punishment,
according to law.

8. The Congress shall promulgate its rules on impeachment to effectively carry out the purpose
of this section.

30 |Solis, A. Tita’s PoliRev Notes

 f. Prohibitions - Section 13, Article 7

Section 13. The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall not, during said tenure,
directly or indirectly, practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree
of the President shall not, during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or
controlled corporations and their subsidiaries.

31 |Solis, A. Tita’s PoliRev Notes

SECTION 7. Article IX (B)

No elective official shall be eligible for appointment or designation in any capacity

to any public office or position during his tenure.

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.

Exceptions: Vice-President as member of the cabinet

Secretary of Justice as Chairman of the JBC

32 |Solis, A. Tita’s PoliRev Notes

CIVIL LIBERTIES UNION, vs. THE EXECUTIVE SECRETARY, G.R. No. 83896.
February 22, 1991

ISSUE: W/N EO 284 is constitutional?

HELD: EO 284 is unconstitutional. Petition granted. Executive Order No. 284 was declared
null and void. In the light of the construction given to Section 13 of Article VII, Executive Order
No. 284 is unconstitutional. By restricting the number of positions that Cabinet
members, undersecretaries or assistant secretaries may hold in addition their
primary position to not more than two positions in the government and
government corporations, EO 284 actually allows them to hold multiple offices or
employment in direct contravention of the express mandate of Sec. 13 of Article VII of the
1987 Constitution prohibiting them from doing so, unless otherwise provided in the 1987
Constitution itself.

Mavic’s recit:
Whether the prohibition in Section 13, Article VII of the 1987 Constitution insofar as Cabinet
members, their deputies or assistants are concerned admit of the broad exceptions made for
appointive officials in general under Section 7, par. (2), Article I-XB.
33 |Solis, A. Tita’s PoliRev Notes
RULING: No. 
Although Section 7, Article I-XB already contains a blanket prohibition against the holding of
multiple offices or employment in the government subsuming both elective and appointive
public officials, the Constitutional Commission should see it fit to formulate another provision,
Sec. 13, Article VII, specifically prohibiting the President, Vice-President, members of the
Cabinet, their deputies and assistants from holding any other office or employment during
their tenure, unless otherwise provided in the Constitution itself.

The intent of the framers of the Constitution was to impose a stricter prohibition
on the President and his official family in so far as holding other offices or
employment in the government or elsewhere is concerned. As compared to other prohibition
found in the Constitution which provides restriction only to office or employment in the
government and GOCC’s or their subsidiaries, Article VII Section 13 provides absolute
disqualification embracing and covers both public and private office or
employment unless otherwise provided by the Constitution itself.

This prohibition is a proof of the intent of the 1987 Constitution to treat the President and his
official family as a class by itself and to impose upon said class stricter prohibitions. The reason
34 |Solis, A. Tita’s PoliRev Notes
is that because they exercise more powers and, therefore more checks and restraints on them
are called for because there is more possibility of abuse in their case.

Section 7, Article I-XB is meant to lay down the general rule applicable to all elective and
appointive public officials and employees, while Section 13, Article VII is meant to be the
exception applicable only to the President, the Vice- President, Members of the Cabinet, their
deputies and assistants.

Sir’s note: However, all of them can assume positions in an ex-officio capacity because such
position is merely an extension of their office and not an added office or employment. Merely
added function in one’s office.

g. Exceptions to prohibition from holding another office

1. Vice-President as member of the cabinet

2. Secretary of Justice as member of the Judicial and Bar Council

35 |Solis, A. Tita’s PoliRev Notes

Dela Cruz vs Commission on Audit G.R. No. 138489

Issue: Whether or not the petitioners are entitiled to their representation allowances and per
diems as members of the NHA Board of Directors.

Held: The ex-officio position being actually and in legal contemplation part of the

principal office, it follows that the official concerned has no right to receive
additional compensation for his services in the said position. The reason is that these
services are already paid for and covered by the compensation attached to his principal
office. It should be obvious that if, say, the Secretary of Finance attends a meeting of the
Monetary Board as an ex-officio member thereof, he is actually and in legal contemplation
performing the primary function of his principal office in defining policy in monetary banking
matters, which come under the jurisdiction of his department. For such attendance, therefore,
he is not entitled to collect any extra compensation, whether it be in the form of a per diem or
an honorarium or an allowance, or some other such euphemism. By whatever name it is
designated, such additional compensation is prohibited by the Constitution.

Since the Executive Department Secretaries, as ex-oficio members of the NHA Board, are
prohibited from receiving "extra (additional) compensation, whether it be in the form of a per
36 |Solis, A. Tita’s PoliRev Notes
diem or an honorarium or an allowance, or some other such euphemism," it follows that
petitioners who sit as their alternates cannot likewise be entitled to receive such
compensation. 

h. Powers and Functions of the President

1. Executive Power - Sections 1 and 17, Article 7

Section 1. The executive power shall be vested in the President of the Philippines.

Section 17. The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.

37 |Solis, A. Tita’s PoliRev Notes

L.S. Moon and Co. vs Harrison, G.R. No. 17226. March 1, 1922

Issue: May the Chief Executive refuse to enforce a law on the ground that in his opinion it is
unconstitutional?

Held: No. Otherwise, he will be violating the doctrine of separation of powers because by
doing so, he will be claiming the power to interpret the law, not merely to implement it. By the
organic law, it is the duty of the legislature to make the law; of the executive to enforce; and of
the courts to construe the law. The courts only have the power to declare a law
unconstitutional. In the very nature of things, it is not the duty of the Governor to say
whether a law is or is not constitutional. It is his duty to enforce the law until such
time as it has legally been declared unconstitutional.

In the instant case, Act No. 2868 was enacted by the Legislature. By its terms and provisions,
certain duties were thrust upon the Governor-General. He had a legal right to assume that the
law was valid, and in the exercise of his discretion, he undertook to enforce the law and to carry
out its terms and provisions.

38 |Solis, A. Tita’s PoliRev Notes

The acts of the defendants were official and discretionary, and they had a legal right to assume
that the law was valid. In the commission of the alleged acts, they were acting for, and
representing, the Government of the Philippine Islands under a law enacted by its Legislature.

GOVERNMENT OF THE PHILIPPINE ISLANDS, vs. MILTON E. SPINGER, G.R. No.

L-26979. April 1, 1927

Issue: Whether or nor EO no. 37 is invalid.

Held: No. E.O. No 37 is valid. It is in accordance with the doctrine of separation of powers.
The Supreme Court emphasized that the legislature creates the public office but it has
nothing to do with designating the persons to fill the office. Appointing persons to a
public office is essentially executive. To extend the power of Congress into allowing it, through
the Senate President and the House Speaker, to appoint members of the NCC is already an
invasion of executive powers.

Sir’s note: Post enactment measure. Senate President and the House Speaker cannot appoint
members of NCC. The power to appoint is necessarily executive.
39 |Solis, A. Tita’s PoliRev Notes
Marcos vs Maglapus G.R. No. 88211 October 27, 1989

Issue: Whether or not the motion for reconsideration that the Marcoses be allowed to return
in the Philippines be granted.

Held: The principles of constitutional law have conceded to the Executive Branch certain
powers in times of crisis or grave and imperative national emergency. The power involved is
the President's residual power to protect the general welfare of the people. It is founded on
the duty of the President, as steward of the people. To paraphrase Theodore Roosevelt,
it is not only the power of the President but also his duty to do anything not forbidden by the
Constitution or the laws that the needs of the nation demand. It is a power borne by the
President's duty to preserve and defend the Constitution. It also may be viewed as a power
implicit in the President's duty to take care that the laws are faithfully executed.

Sir’s Note: President is the head of the state and his principle duty is to maintain peace and
order. Anything that has nothing to do with legislation or adjudication falls into the power of
the Chief Executive. Unstated residual powers are implied from the grant of executive power.

40 |Solis, A. Tita’s PoliRev Notes

Ople vs Torres G.R. No. 127685 July 23, 1998

Issue: Whether the implementation of AO No. 308 violates the Rights to Privacy enshrined in
the constitution? (National ID)

Held: Yes, A.O. No. 308 cannot pass constitutional muster as an administrative legislation
because on its face it violates the right to privacy. The essence of privacy is the “right to be
let alone.” The right to privacy as such is accorded recognition independently of its
identification with liberty; in itself, it is fully deserving of constitutional protection. The
potential for misuse of the data to be gathered under A.O. No. 308 cannot be underplayed. The
right to privacy is one of the most threatened rights of man living in a mass society. The threats
emanate from various sources — governments, journalists, employers, social scientists, etc.

In the case at bar, the threat comes from the executive branch of government which by issuing
A.O. No. 308 pressures the people to surrender their privacy by giving information about
themselves on the pretext that it will facilitate delivery of basic services. Given the record-
keeping power of the computer, only the indifferent fail to perceive the danger that A.O. No
308 gives the government the power to compile a devastating dossier against unsuspecting
citizens.
41 |Solis, A. Tita’s PoliRev Notes
Sir’s note: President Ramos exceeded the powers given to him by the Constitution. A.O. No.
308 is police power in nature which can only be exercised by the Congress.

42 |Solis, A. Tita’s PoliRev Notes