CONSTITUTIONAL LAW I REVIEWER
Suarez – Principles, Comments and Cases in Constitutional Law Vol. 1
University of San Agustin 2023
CHAPTER I
Political Law – branch of jurisprudence which treats of the science
of politics, or the organization and administration of government.
Constitutional Law – science of law which treats of the nature of
constitutions, their establishment, construction, and interpretation,
and the validity of legal enactments.
Volume I – study of the historical background.
Volume II – comprehensive study of the constitution (bill of
rights, fundamental powers of the state, etc.)
Administrative Law – study of laws that regulate the administrative
organization and operations of the governmental organs of the
state
Election Law – study of laws, rules, and procedures involving the
conduct of election.
Law of Public Offices and Public Officers – study of the creation,
modification, and dissolution of public office & eligibility of public
officers.
Local Government – study of laws governing the territorial and
political subdivisions of the Republic of the Philippines.
Different Constitutions – Malolos Constitution (before Americans
took over), Commonwealth Constitution (1935 Constitution),
Martial Law Constitution (1973 Constitution), Freedom Constitution
(1986 Constitution), 1987 Constitution
CHAPTER II
What is a constitution – body of rules and maxims in accordance
with which the powers of sovereignty are habitually exercised, a
written instrument enacted by the direct action of the people.
Constitution vs Statute – a constitution is: (1) primary, (2) states
general principles, (3) legislation is direct from the people, (4)
intended to govern the future, (5) may be abrogated, repealed, or
modified only by the action of the people; a statute is: (1)
secondary, (2) provides specific details of which it treats, (3)
legislation from the people’s representatives, (4) may be repealed
or changed by the legislature
CLASSIFICATION OF CONSTITUTIONS
1. Written vs Unwritten – written are those which have been
reduced to writing, while unwritten are those which has not
been reduced to writing at any specific time
2. Convention vs Cumulative – conventional is enacted
deliberately and consciously, while cumulative is a product
of gradual political development
3. Rigid vs Flexible – rigid can be amended through a formal
and difficult process, while flexible can be changed by an
ordinary legislation
DIFFERENT KINDS OF CONSTRUCTION OF A CONSTITUTION
1. Executive Construction – construction and interpretation is
by the various executive heads of the various departments
of the gov’t
2. Contemporaneous Construction by Executive Officers –
construction is placed by the executive officers on a statute
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Suarez – Principles, Comments and Cases in Constitutional Law Vol. 1
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3. Prospective Construction – all statutes are to be construed
with prospective operation only.
ADVANTAGES & DISADVANTAGES OF A WRITTEN CONSTITUTION
1. Guide and reference of the people for their rights
2. Provides stability to the nation and its people.
3. It gives security and confidence to its people
4. Serves as a link and bridge to overcome chaos and political
uncertainties
5. Serves as rallying point and inspiration of people
6. Lays down in clear terms the principles of their political
creed and aspirations
7. It holds the people together either in peace or at war
The disadvantage is that it is difficult to change and it is likely to
encroach on the domain of ordinary legislation
ESSENTIAL PARTS OF A WRITTEN CONSTITUTION
1. Constitution of Liberty – fundamental civil and political
rights of citizens
2. Constitution of Government – organization of government,
enumerating its powers, laying down certain rules, and
defining the electorate
3. Constitution of Sovereignty – provisions on how to amend
and to revise our Constitution
REQUISITES OF A GOOD WRITTEN CONSTITUTION
1. Broad – because it must outline an organization of
government
2. Brief – not intended to go into details of organization
3. Definite – vagueness may cause incalculable harm, or it may
lead to opposing interpretation
CHAPTER III
THE 1987 CONSTITUTION MAY BE CHANGED
Either by amendment or revision – also known as formal
amendment
Revision vs Amendment - Revision is changing the entire
instrument, while Amendment is changing/altering within the lines
of the original instrument which will bring improvements.
Revision generally affects several provisions of the Constitution,
while Amendment generally affects only the specific provision being
amended
STEPS REQUIRED IN THE REVISION OR AMENDMENT OF THE
CONSTITUTION
1. Proposal – motion of initializing suggestions either by
Congress (three-fourths of all its members) or Constitutional
Convention or People through initiative
2. Ratification – sovereign act vested in the Filipino People to
either reject or approve the proposals to amend/ revise the
Constitution
HOW MAY THE 1987 COSNTITUTION BE REVISED?
1. By Congress (vote of three-fourths of all its members)
2. By Constitutional Convention
3. If Congress chooses to call Con-Con, it may either call by a
vote of two-thirds of all it’s members or submission to the
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electorate the question of calling by majority vote of all its
members
DIFFERENT SYSTEMS OF INITIATIVE
1. Initiative on the Constitution – amendments to the
Constitution
2. Initiative on Statutes – enact a national legislation
3. Initiative on Local Legislation – enact a regional, provincial,
city, or municipal, or barangay law, resolution or ordinance
REQUIREMENTS AND LIMITATIONS TO PEOPLE’S INITIATIVE
1. Written petition
2. 12% of the total number of registered voters as signatories
3. every legislative district must be represented by three per
centum of the total number of registered voters
Must only be exercised five years after ratification of the 1987
Constitution. Must only be exercised once every five years
Plebiscite – electoral process by which an initiative on the
Constitution is approved or rejected
TWO TESTS TO DETERMINE WHETHER A PROPOSED CHANGE IS A
REVISION OR AMENDMENT
1. Quantitative test – the court examines only the number of
provisions affected and does not consider the degree of the
change
2. Qualitative test – Inquires into the qualitative effects of the
proposed change in the Constitution
What is log-rolling – when the initiative petition incorporates a
correlated subject matter in the same petition
CHAPTER IV
HOW SHOULD THE 1987 CONSTITUTION BE CONSTRUED?
1. Rule of Liberality
2. Rule of Uniformity
3. Rule of Giving Effect to Intention of Framers
4. Rule of Practicality
5. Rule of Construing the Constitution in its Entirety
6. Rule of Flexibility
7. Rule of Harmony
8. Rule of Giving Effect to Every Part
9. Rule of Giving Effect to Purpose
10. Rule of Giving Construing the Constitution as Generally
Mandatory
11. Rule of Giving Ordinary Meaning to the Words Used
12. Rule of Implication
13. Rule of Prospectivity
CHAPTER V
STATE – State is a community of persons, permanently occupying a
fixed territory, possessing an organized government, independent
of external control, to which a great body of inhabitants render
habitual obedience
NATION – Political group having a government and people distinct
from all others

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State vs Nation – State is a legal or political concept, while Nation is
a racial or ethnical concept
Government vs State – State itself is an ideal person, intangible,
indivisible, and immutable, while Government is an agent and
within the sphere of the agency (a perfect representative)
ELEMENTS OF A STATE
People – entire body of citizens of a State or nation (must be
numerous enough to be self-sufficient and to defend themselves
and small enough to be easily administered
Territory – fixed area or surface of the earth where the inhabitants
of a State live (territory must neither be too big as to be difficult to
administer and defend nor too small to as to be unable to provide
for the needs of the population)
Terrestrial Domain – areal of the land which the State
occupies
Fluvial or Maritime Domain – external and internal waters
Aerial Domain – air space above the land and the waters
Government – institution or aggregate of institutions by which an
independent society makes and carries out those rules of action
De Jure Government – organized government of a State
which has general support of its people
De Facto Government – characterized by the fact that it is
not founded upon existing constitutional law of the state
DIFFERENT KINDS OF DE FACTO GOVERNMENT
1. One which gets possession and control of the rightful legal
government and maintains itself against the will of the voice
of the majority (eg. Government of England under the
Commonwealth)
2. Established and maintained by military forces who invade
and occupy a territory (denominated as government of
paramount force)
3. Established as independent government by the inhabitants
of a country
CHARACTERISTICS OF DE FACTO GOVERNMENT OF PARAMOUNT
FORCE
1. Its existence is maintained by active military power
2. It must be necessarily be obeyed in civil matters by private
citizens
FUNCTIONS OF GOVERNMENT
1. Constituent Functions – constitute the very bond of society
---- compulsory and not optional (fixing legal relations
between man and wife, administration of justice in civil
cases, etc.)
2. Ministrant Functions – by way of advancing the general
interests of society (public works, public education, public
charity, etc.)
Parens Patriae (father of his country) – inherent power or authority
of the State to provide protection of the person and property of a
person non sui juris
Sovereignty – Supreme power in a State by which that State is
governed
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KINDS OF SOVEREIGNTY
1. Legal Sovereignty – determinate authority which is able to
express in legal form the highest commands of the State
2. Political Sovereignty – the electorate constitutes the
political sovereign --- the whole mass of population
3. Internal Sovereignty – power of the State to make and alter
its system of government
4. External Sovereignty – State spoken of is not subject to the
control, dictation, or government of any other power
CHARATERISTICS OF SOVEREIGNTY
1. Permanence – continues without interruption so long as the
State itself exists
2. Exclusiveness – there can be but one supreme power in the
State
3. All-Comprehensiveness – sovereign power extends over all
persons, associations, and things within such territorial
limits
4. Inalienability – cedes away any of its essential elements
without self-destruction
5. Imprescriptibility – exclusively of private law which can
never run against the rights of the people
6. Unity - sovereignty cannot be divided without producing
several wills
Dominium vs Imperium – Dominium is the capacity to own or
acquire property held by the State in its proprietary capacity, while
Imperium is the authority possessed by the State embraced in the
concept of sovereignty
POWER AND JURISDICTION OF THE STATE: (1) OVER PERSONS AND
THINGS WITHIN ITS TERRITORY; (2) OVER ITS NATIONALS; (3)
OUTSIDE ITS TERRITORY
1. Territorial power and jurisdiction – State has power and
jurisdiction over persons and things within its territory
Xpn: a) foreign states, heads of state, diplomatic rep, and
consuls to a certain degree; b) foreign state property; c) acts
of state; d) foreign merchant vessels exercising the right of
innocent passage
2. Personal jurisdicton – power of jurisdiction over its
nationals even if the individual is outside the territory of the
State
3. Extra-territorial jurisdiction – State has power and
jurisdiction beyond or outside its territory
Doctrine of Jus Postlimini – territory that has been occupied comes
into power again, the legal state of the things existing prior to the
hostile occupation is re-established
CHAPTER VI
PREAMBLE MEANING
First Paragraph – it indicates the source from which the
Constitution comes
Second Paragraph – it sets forth the ends that the Constitution and
the government established by it are intended
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We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society, and establish a Government
that shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
CHAPTER VII
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.
SCOPE OF NATIONAL TERRITORY
1. The Philippine Archipelago (all islands & waters embraced)
2. All other territories which Philippines has sovereignty or
jurisdiction (territorial, fluvial, and aerial domains)
3. Territorial sea, seabed, subsoil, insular shelves, and other
submarine areas
4. Waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions
Archipelago Doctrine – Philippine Archipelago is considered as one
integrated unit. Application of the “straight base line method”
which the outermost points of our archipelago are connected with
straight baselines and all waters inside the baselines are considered
as internal water
Territorial Sea (maritime belt) – portion of the sea adjacent to the
coast of a State which is under its jurisdictional control
Breadth or width of the territorial sea – 12 nautical miles from the
low water mark (from the baselines)
Internal Waters – waters on landmark side of the baselines from
which the breath of territorial sea is calculated (rivers, bays & gulfs,
straits, and canals)
Archipelagic Waters – waters around, between and connecting the
islands of the archipelago, regardless of their breadth and
dimensions
Territorium Nullius – territory of no one. Territory which is a land of
no State
THREE NAVIGABLE RIVERS
1. Inland or Internal Waters – within the land territory (rivers,
bays & gulfs, straits, lakes, and canals)
2. Territorial Sea (maritime belt) – portion of the sea adjacent
to the coast of a State which is under its jurisdictional
control
3. High Seas or Open Seas – part of the sea which is not
included in the territorial sea or in the internal waters of any
State
Freedom of the Seas – no part of the sea as such can be subjected
to the sovereignty of any State
Freedom of Navigation – right to sail ships on the high seas, subject
only to international law and the laws of the flag state
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Contiguous Zone – zone extending up to 12 nautical miles from the 2. Public officials are entrusted with the duty to serve the
territorial sea people
3. The Republican Government’s purpose is to promote the
Exclusive Economic Zone – zone which extends up to 200 miles common welfare of the people
from the low water mark or the baselines 4. Rule of the majority
5. No person is above the law
Continental Shelf – distance of 200 miles from the baselines from 6. Principle of separation of powers and the system of checks
which the territorial sea is measured and balances
7. Legislature cannot pass irrepealable laws
CHAPTER VIII
What is doctrine of separation of powers
SIX PRINCIPLES MENTIONED IN SECTIONS 1 TO 6, ARTICLE II, 1987
CONSTITUTION Allocation of powers, the person entrusted with power in any of the
departments of the government shall not be permitted to encroach
1. Sovereignty resides in the people and all government upon the power confided to the others, but that each shall, by the
authority emanates from them law of its creating, be limited to the exercise of powers appointed to
2. Renunciation of war as an instrument of national policy its own department and no other. (legislative powers to the
3. Civilian authority is supreme over the military legislative department, executive powers to the executive
4. Prime duty of the Government is to serve and protect the department, judicial in character to the judiciary)
people
5. Promotion of general welfare and maintenance of peace Major Powers of our Government
and order
6. Separation of church and state 1. Executive Department
2. Legislative Department
Principle of Republicanism – Sovereignty resides in the people and 3. Judicial Department
all government authority emanates from them 4. Civil Service Commission (under Art 9, Sec. 1)
5. Commission on elections (under Art. 9, Sec. 1)
Republican Government – a government which is run by the people 6. Commission on Audit (Art. 9, Sec. 1)
through their chosen representatives 7. Commission on Human Rights (Art. 13, Sec. 17)

Characteristics of a Republican Government PRINCIPLES RELATED TO DOCTRINE OF SEPARATION OF POWERS

1. People choose their representatives and public officials

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1. Checks and Balances – one department is given certain
powers by which it may definitely restrain the others from
exceeding constitutional authority
2. Blending of Powers – sharing of powers of the different
departments of government whereby one department
helps and coordinates with the other in the exercise of a
particular power, function or responsibility
Political Question vs Justiciable Question – Political question is a
question of policy. It refers to those questions which under the
constitution are to be decided by the people or to which full
discretionary authority has been delegated to the legislative or
executive branch of the Gov’t. Justiciable Question is where the
vortex of the controversy refers to the legality or validity of the
contested act
Example:
 Calling of “Snap” presidential elections (Political Question)
 Determination of constitutionality or legality of an act
(Justiciable Question)
 Calling of referendum is within the exclusive discretion of
President F. Marcos (Political Question)
 Determination of whether or not the voting requirement
prescribed by the Constitution was complied with
(Justiciable Question)
Principle of Non-Delegation of Powers (POTESTAS DELEGATA NON
DELEGARI POTEST) – Power delegated cannot further be delegated.
INSTANCES WHEN LEGISLATIVE POWERS CAN BE DELEGATED
1. Authorized by the Constitution
2. Delegated to local gov’ts through police power and eminent
domain
3. Delegated to the people at large through referendum or
plebiscite
4. Delegated to the administrative bodies (e.g. POEA, LTFRB,
OWWA, etc.)
TEST TO DETERMINE WHETHER A GIVEN POWER HAS BEEN
VALIDLY EXERCISED BY A PARTICULAR DEPARTMENT
First Test – determine whether or not the power in question is
granted by the Constitution to the department
Second Test – if power sought to be exercised is not expressly
conferred by the Constitution, can the power sought to be exercised
be reasonably inferred from?
Third Test – if the power sought to be exercised is not granted by
the Constitution, can its exercise be justified as inherent or
incidental?
Fourth Test – assuming the power sought to be exercised is granted,
question is whether or not the act or power in question has been
performed in accordance with the rules laid down in the
Constitution
Rule of the Majority – will of the greater number of people
1. Majority in proclamation of martial law refers to
majority vote of all the members of each House (one-
half plus one of the total membership)
2. Majority in quorum of each house refers to majority
vote of all members of each House
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3. Majority in suspension or expulsion of a member refers
to two-thirds of all the members of each House
4. Majority in constitutionality of a treaty, international or
executive agreement or law refers to majority of atleast
five out of eight members or three out of five members,
who actually took part in the deliberations on the
issues in the case
5. Majority when there is majority of one happens when a
dissenting vote of one Sandiganbayan Justice will
prevent a decision of the two other members of the
division --- that sense, the lone dissenting vote is
considered as “MAJORITY OF ONE”
Constitutional Authoritarianism – power to legislate laws is vested
in the President of the Philippines (President assumes extraordinary
powers including legislative, judicial, and even constituent powers)
Prime Duty of the Government – (1) to serve the people, (2) to
protect the people
What are essential for the enjoyment by all the people of the
blessings of democracy
1. Maintenance of peace and order;
2. Protection of life, liberty, and property; and
3. Promotion of the general welfare
Doctrine of Separation of Church and State – Each is independent
within the sphere of their respective missions and prerogatives, but
still governed, both in theory and in actual practice, by the principle
of cooperation to attain the common good.
SOCIAL JUSTICE – includes all phases of national development,
instead of being merely limited to the removal of socio-economic
inequities
Social justice is "neither communism, nor despotism, nor atomism, nor
anarchy," but the humanization of laws and the equalization of social
and economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated. Social
justice means the promotion of the welfare of all the people, the
adoption by the Government of measures calculated to insure economic
stability of all the competent elements of society, through the
maintenance of a proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the existence
of all governments on the time-honored principle of SALUS POPULI EST
SUPREMA LEX.
“Those who have less in life should have more in law”
Three basic principles emphasized by Sections 27 and 28, Article II
of the 1987 Constitution
1. Public office is a public trust – they should always remember
that they were merely entrusted by the people to perform
the duties and responsibilities of their offices
2. Our government is a government of laws and not of men –
law should be applied equally without fear or favor
3. Transparency in public services – observe loyalty and fidelity
to the people who have entrusted to them specific duties
Doctrine of Incorporation – a State is bound by the generally
accepted principles of international law
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Doctrine of State Immunity - State ahs the inherent right to exist
and to protect itself and its citizens from any act or acts which will
defeat the greater interest of the people which it is obligated to
serve
When is there an express consent – when a law expressly grants
authority to sue the State or any of its agencies
When is there an implied consent – (1) when the state enters into a
private contract --- unless the contract is only incidental to the
performance of a governmental function, (2) when the State enters
into an operation that is essentially a business operation, (3) when
the State sues a private party --- unless the suit is entered into only
to resist a claim.
Act of State Doctrine – the foreign court chooses to uphold and
respect the foreign State’s act done within its territory on the
reasoning that if it will not do so, it would “imperil the amicable
relations between governments and vex the peace of nations”.
LIMITATIONS TO THE APPLICATION OF THE ACT OF STATE
DOCTRINE
(1) There is an official act of a foreign sovereign performed
within its own territory
(2) Relief sought would require a court in the other foreign
state where the action is filed to declare invalid the foreign
sovereign’s official act
(3) Doctrine covers only state action, not the action between
individuals
Doctrine of Judicial Supremacy – determine conflicting claims of
authority under the Constitution and to establish for the parties in
an actual controversy the right which that instrument secures and
guarantees to them
Principle of the Right of Revolution – inherent right of a people to
cast out their rulers, change their polity, or effect radical reforms in
their system of government or institutions, by force or general
uprising
Doctrine of Stare Decisis – uniformity in judicial decisions. Once an
interpretation has been given the provision of the Constitution, it
should not be abandoned without grave reasons, for the stability of
many important institutions of society depends upon permanence.
CHAPTER IX
Section 1. The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.
Legislative Power: It is the power to propose, enact, amend, and
repeal laws. This power is vested in Congress.
WHAT IS VESTED IN CONGRESS?
1. Power to confirm presidential appointments.
2. Power of impeachment.
3. Power to declare the existence of a state of war.
4. Power to concur or confirm an amnesty granted by the
President.
5. Power to canvass the votes based on the return of every
election for President and Vice-President.
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6. Power to propose amendment or revision of the
Constitution upon a vote of three-fourths of all the
members of the Congress.
7. Power to ratify treaties granted to the Senate.
Initiative and Referendum
Initiative: It is the power of the people to propose amendments to
the Constitution or to propose or enact legislation through an
election called for the purpose.
Referendum: It is the power of the electorate to approve or reject
legislation through an election called for the purpose.
Referendum and Plebiscite
Referendum: It is simply a means of assessing public reaction to the
given issues submitted
to the people for their consideration, the calling of which is derived
from or within the totality of the executive power of the President.
Plebiscite: It involves the constituent of those citizens of the
Philippines not otherwise disqualified by law, who are 18 years of
age or over, and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote for at
least six months preceding the election.
THREE SYSTEMS OF INITIATIVE:
1. Initiative on the Constitution — which refers to a petition
proposing amendments to the Constitution.
2. Initiative on Statutes — which refers to a petition to enact a
national legislation.
3. Initiative on Local Legislation - which refers to a petition
proposing to enact a regional, provincial, city or municipal
or barangay law, resolution or ordinance.
TWO KINDS OF REFERENDUM:
1. Referendum on Statutes — Which refers to a petition to
approve or reject an act or law, or part thereof, passed by
Congress.
2. Referendum on local laws — Which refers to a petition to
approve or reject a law, resolution or ordinance enacted by
regional assemblies and local legislative bodies.
What cannot be the subject of an initiative or referendum
petition?
1. No petition embracing more than one subject shall be
submitted to the electorate.
2. Statutes involving emergency measures, the enactment of
which are specifically vested in Congress by the
Constitution, cannot be the subject of referendum until 90
days after their effectivity.
Local Initiative — A petition filed with the Regional Assembly or
local legislative body, by not less than 2,000 registered voters in
case of autonomous regions, 1,000 in case of provinces and cities,
100 in case of municipalities, and 50 in case of barangays, proposing
the adoption, enactment, repeal or amendment of any law,
ordinance or resolution.
Limitations on local initiative:
1. The power of local initiative shall not be exercised more
than once a year;
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2. Initiative shall extend only to subjects or matters which are
within the legal powers of the local legislative bodies to
enact; and
3. If at any time before the initiative is held, the local
legislative body shall adopt in to the proposition presented,
the initiative shall be cancelled. However, those against
such action may, if they so desire, apply for initiative.
INITIATIVE TO AMEND THE CONSTITUTION, POPULARLY KNOWN
AND REFERRED TO AS PEOPLE'S INITIATIVE
People’s initiative is the power of the people to propose
amendments to the Constitution, or to propose and enact
legislations through an election called for the purpose.
REQUIREMENTS AND LIMITATIONS TO PEOPLE’S INITIATIVE
1. The petition must have at least 12% of the total number of
registered voters as signatories.
2. Of the 12% total registered voters, at least every legislative
district must be represented by 3% of the registered voters
therein.
The limitations on the exercise of such right are:
1. The power of initiative shall be exercised five years after the
ratification of the 1987 Constitution.
2. The power may be exercised only once every five years
thereafter.
CONTENTS OF THE SAID PETITION
The petition must state the following:
1. Contents or text of the proposed law sought to be enacted,
approved, or rejected, amended or repealed, as the case
may be.
2. The proposition.
3. The reason or reasons thereof.
4. That it is not one of the exceptions provided therein.
5. Signatures of the petitioners or registered voters.
6. An abstract of summary proposition in not more than 100
words which shall be legibly written or printed at the top of
every page of the petition.
Original legislative power — It is a legislative power in and
exercised by the sovereign electorate.
Derivative legislative power —It is a legislative power legated by
the sovereign people to the legislative bodies and is subordinate to
the original power of the people.
Constituent legislative power — It is the power to end or revise the
Constitution.
Ordinary legislative power — It is the power to pass laws.
DOES THE PEOPLE EXERCISE BOTH CONSTITUENT AND ORDINARY
LEGISLATIVE POWER?
The people, through the amendatory process, exercise constituent
power, and through initiative and referendum, ordinary legislative
power.
TWO LIMITATIONS TO LEGISLATIVE POWER
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1. Substantive limitations — The limitation is substantive
because if the provision of the law will curtail constitutional
rights, the same is unconstitutional.
2. Procedural limitations — Even if the law does not violate
constitutional provisions but it is not passed and approved
in accordance with the prescribed procedure, the same is
questionable and it may not be given force and effect.
SUBSTANTIVE LIMITATIONS TO THE LEGISLATIVE POWER:
1. No ex post facto law shall be passed.
2. No bill of attainder shall be passed.
3. No law impairing the obligation of contracts shall be
passed.
4. No law granting a title of royalty or nobility shall be passed.
5. No law shall be passed increasing the appellate
6. jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.
7. No law granting any tax exemption shall be passed without
the concurrence of a majority of all the members of the
Congress.
CONSTITUTIONAL RESTRICTIONS
1. No money shall be paid out of the Treasury except in
pursuance of an appropriation made by the law.
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 or 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.
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.
4. The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.
5. All appropriation, revenue or tariff bills, bills authorizing
increase of public debt, bills shall originate exclusively in the
House of Representatives, but the Senate may propose or
concur with amendments.
6. The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form, content,
and manner of preparation of the budget shall be
prescribed by law.
7. 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.
8. The procedure in approving appropriations for the Congress
shall strictly follow the procedure for approving
appropriations for other departments and agencies. special
appropriations bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available
as certified by the National Treasurer, or to be raised by a
corresponding revenue proposal therein.
9. Two-thirds votes of both Houses in joint session is needed
to declare existence of a state of war.
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10. Congress may, by law, authorize the President to fix and
impose tariff rules, etc.
11. Charitable institutions shall be exempt from taxation.
12. Tax exemption needs concurrence of a majority of the
members of Congress.
Appropriation Measure: An appropriation measure is a statute the
primary and specific purpose of which is to authorize the release of
public funds from the treasury. It may be general or special.
General Appropriations Law: A general appropriations law is for the
purpose of providing financial operations of the entire government
during the fiscal period.
Specific Appropriations Law: A specific appropriations law is for a
specific purpose, e.g., Creation of fund for Mt. Pinatubo and lahar
victims.
THE PROCEDURAL LIMITATIONS
1. Section 24, Article VI:
All appropriation bills should originate in the House of
Representatives, but the Senate may propose or concur with
amendments.
REASON: The House of Representatives is composed of 250
regular District Representatives and Party-List
Representatives, compared to only 24 Senators, hence, it is
more numerous in membership than the Senate. Besides,
the members of the lower house have a closer and more
direct access to their constituents and are expected to be
more familiar with the needs of the whole country and their
constituents in particular.
2. Section 25(6), Article VI:
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.
REASON: To see to it that discretionary funds are not spent
for personal benefit, or for any purpose which are contrary
to public interest
3. Section 25(4), Article VI:
Special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or
to be raised by a corresponding revenue proposal included
therein. To see to it that an appropriation measure is
supported by existing, adequate, and available funds.
4. Section 25(1), Article VI:
Congress may not increase the appropriations
recommended by the President.
REASON: To avoid undue influence of Congress over the
President.
Note that Congress can reduce the recommendations made
by the President. There is no prohibition for the same.
5. Section 25(2), Article VI:
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No enactment shall be embraced in the general
appropriations bill unless it relates specifically to some
particular appropriation therein.
REASON: To see to it that a non-appropriation item is not
inserted in an appropriation measure in violation of the
constitutional inhibition against riders to the general
appropriations act.
Rider: It is a completely unrelated provision included in the
general appropriations bill.
6. Section 26(1), Article VI:
Every bill passed by the Congress shall embrace only one
subject which will be expressed in the title thereof.
REASON: This will prevent riders from being included in an
ordinary bill.
7. Section 25(3), Article VI:
The procedure in approving appropriations for the Congress
shall strictly follow the procedure for approving
appropriations for other departments and agencies.
REASON: To prevent appropriations the purpose of which is
to allot a budget which is intended to benefit the legislators.
To hide this to the public, the legislators agree among
themselves that the same shall no longer be scrutinized and
subjected to public hearings. This kind of appropriation is
known as appropriation subrosa.
8. Section 25(5), Article VI:
No law shall be passed authorizing any transfer of
appropriations; however, the President, President the
Senate, the Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the heads of the
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.
REASON: This prohibits transfer of funds from one
department to another department. Oftentimes, transfer of
funds is being made for a variety of political motives, thus:
(1) Sometimes, it serves to implement exchange of favors
between the President and the Members of Congress; (2) In
the course of a political campaign, some funds are
transferred from one executive department to another so
these can be used as campaign funds.
9. Section 29(2), Article VI:
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, or 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.
REASON: Public funds or property should not be used for
sectarian purposes as and by way of respect to the
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principle of the separation of Church and State.
The extent of the prohibition to use public funds or
property for sectarian purposes:
The prohibition applies only when the appropriation is
intended purposely to benefit a religious institution. The
use of public property for religious purposes is not
prohibited in the following cases:
a) When the religious character of such use is merely
incidental to a temporary use which is available
indiscriminately to the public in general, Example:
The Quirino Grandstand may be used by the El
Shaddai, or by any religious denomination, to
commemorate its founding anniversary. It may also
be used by any political party for a political rally.
b) Ecclesiastics may be paid public funds if they serve
the government in a non-ecclesiastical capacity.
Example: A priest serving as a member of the
committee investigating the Centennial Expo Scam
may receive transportation allowance from public
funds because he receives the same not as an
ecclesiastic but as a member of the said committee.
10. Section 25(7), Article VI:
The general appropriations law for the preceding fiscal year
shall be deemed reenacted and shall remain in force and
effect until a new general appropriations law is passed by
Congress. What is the advantage of this rule than the old
rule and procedure of the President having to call Congress
in special session until it enacts a new general
appropriations law?
REASON: This is better than the old procedure of the
President having to call the Congress in special session until
it enacts a new general appropriations law. Experience
shows that on account of the time consumed before a new
general appropriations law is passed, funds are released in
anticipation of its approval.
OTHER LIMITATIONS:
1. Rule of taxation shall be uniform and equitable.
Uniformity - means that persons or things belonging to the
same valid classification shall be taxed at the same rate.
Equitable taxation - means that taxes should be
apportioned among the people according to their capacity
to pay.
2. Congress may by law, authorize the President to fix and
impose tariff rates, etc.
Extent of authority which may be granted by Congress to
the President regarding this matter:
“The Congress may, by law authorize the President to fix
within the specified limits, and subject to such limitations
and restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the national
development program of the government.”
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REASON: This is one of the legislative powers which may
validly be delegated by Congress to the President to give the
latter the authority an opportunity to act promptly on the
economic problems confronting our country instead of
being subject to delay caused by the usual debates and
other congressional proceedings.
3. Charitable institutions, etc., shall be exempt from taxation.
Who are entitled to tax exemption?
The tax exemption under Section 28(3), Article VI, is now
extended to three institutions such as the following: (1)
charitable institutions; (2) religious institutions; and (3)
educational institutions.
The exemption needs the concurrence of a majority of the members
of Congress.
The reason for this is because a tax exemption means less revenue
which the government should have earned were it not for the tax
exemption.
CAN CONGRESS AMEND, MODIFY AND REPEAL ITS OWN LAWS?
Yes. The legislature has the power to amend, repeal or modify its
own laws because there are no irrepealable laws.
CAN A MEMBER OF THE HOUSE OF REPRESENTATIVES OR THE
SENATE INTRODUCE ANY KIND OF BILL OR LAW?
A member of the House of Representatives or the Senate can
introduce any kind of bill subject to the following limitations:
1. 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 Houe of
Representatives but the Senate may propose or concur with
amendments.
2. Ex post facto laws, bills of attainder, or laws impairing the
obligation of contracts cannot be enacted.
3. Other inhibitions and limitations imposed by the
Constitution shall be respected.
TESTS TO DETERMINE WHETHER A GIVEN POWER HAS BEEN
VALIDLY EXERCISED BY A PARTICULAR DEPARTMENT
First Test – First Test is to determine whether or not the power in
question, regardless of its nature, is granted by the Constitution the
department. Which seeks to exercise such power. If it is granted by
the Constitution, the exercise of the said of the power is sustained.
Second Test – If the power sought to be exercised is not expressly
conferred by the Constitution, can the power sought to be exercised
be reasonably inferred from, or is it necessary to the proper
exercise of, the express power granted to the department seeking
to exercise said power? If it is, the exercise of the said power may
be justified Under the doctrine of implication.
Third Test - If the powers sought to be exercised, it's not granted by
the Constitution, either expressly or impliedly, can its exercise be
justified as inherent or incidental? If they are, they exercise offset
power may be sustained.
Fourth Test – Assuming that the power or act sought to be
performed is expressly or impliedly granted by the Constitution, or
that is justified as inherent, the fourth test is whether or not the act
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or power in question has been performed in accordance with the
rules laid down with the Constitution.
EMERGENCY POWERS
1. Congress may by law authorize the President to exercise
emergency powers under Section 23(2), Article VI under
Section 23(2), Article VI of the 1987 Constitution, which
provides as follows:
“Section 23(2). In times of war or other national emergency,
the Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to carry
out a declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon the
next adjournment thereof.”
2. Reason behind the exercise of Emergency Powers
Due to situations caused by war or other national
emergency and in order to be able to act promptly and
faster regarding the problems arising from such emergency,
the President may be authorized by Congress to exercise
emergency powers, instead of Congress itself going through
the law-making process, which is necessarily subject to
protracted discussion and debate. The amount of time
consumed for this process entails serious delay in the
solution of the problems which actually need immediate
solutions.
3. Conditions for granting emergency powers
Emergency powers can be granted subject to the existence
of the following conditions:
 There must be war or other national emergency.
 It must be for a limited period.
 The emergency powers must be exercised to carry
out a national policy declared by Congress.
 The delegation must be subject to such restrictions
as the Congress may prescribe.
4. Limitations if emergency powers are delegated
The period during which emergency powers may be
exercised is defined by Congress which has the option to fix
the period, or to shorten the period if it wants to. In fact,
Congress may terminate it even before the end of the
emergency.
We have a bicameral Congress consisting of the Senate and the
House of Representatives.
The respective compositions, qualifications, term of office, manner
of election, immunities of Senators and Members of Congress are as
follows:
SENATE
Composition
Composed of 24 Senators who shall be elected at large by the
qualified voters of the Philippines as may be provided by law.
Qualifications
a) Natural-born citizen
b) At least 35 years of age on the day of the election
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c) Able to read and write Commission on Elections which have presented candidates
d) A registered voter in the election.
e) A resident of the Philippines for not less than two years
immediately preceding the day of the election. For three consecutive terms after the ratification of the
1987 Constitution, one-half of the seats allocated to party
Term list representatives shall be filled, as provided by law, by
Six years selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such
Re-election other sectors as may be provided by law, except the
No senator shall serve for more than two consecutive terms. religious sector.
Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his service for These members are called and referred to as sectoral
the full term for which he was elected. representatives.

Manner of election Qualifications

Elected at large by the entire electorate. a) Natural-born citizen
b) At least 25 years of age on the day of the election
c) Able to read and write
HOUSE OF REPRESENTATIVES d) A registered voter in the district in which he shall be
elected.
Composition e) A resident in the district for a period of not less than one
Composed of not more than 250 members, unless otherwise fixed year immediately preceding the day of the election.
by law who elected from various legislative districts. They are the
following: Term
Three Years
a) District Representatives
There shall be no less than 200 members in the House of Re-election
Representatives. No member of the House of Representatives shall serve for more
than three consecutive terms. Voluntary renunciation of the office
b) Party List Representatives for any length of time shall not be considered as an interruption in
There are 50 seats initially allowed to the Party List the continuity for his service for the full term for which he was
members, to be chosen from the various parties listed in the elected.

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Manner of election
Directly elected from the various legislative districts.
In all offenses punishable by not more than six years imprisonment,
a Senator has the following immunities, to wit:
1. A Senator shall be privileged from arrest while the Congress
is in session.
Purpose: To ensure his attendance of the session so that the
constituents will enjoy representation.
2. A Senator shall not be questioned nor held liable in any
other place for any speech or debate in the Congress or in
any committee thereof.
Purpose: To enable the Senator to express his views on
matters of public interest without fear of accountability.
In all offenses punishable by not more than six years imprisonment,
a member of the House of Representatives has the following
immunities, to wit:
1. The members of the House of Representatives shall be
privileged from arrest while the Congress is in session.
Purpose: To ensure his attendance of the session so that the
constituents will enjoy representation.
2. A member of the House of Representatives shall not be
questioned nor held liable in any other place for any speech
or debate in the Congress or in any committee thereof.
Purpose: To enable the member of the House of
Representatives to express his views on matters of public
interest
without fear of accountability.
ADJOURNMENT
TWO PROHIBITIONS MENTIONED IN SECTION16(5), ARTICLE VI OF
THE 1987 CONSTITUTION
1. During the sessions of Congress, neither House shall adjourn
for more than three days without the consent of the other.
2. During the sessions of Congress, neither House shall adjourn
to any other place than that in which the two Houses shall
be sitting.
COMPOSITION OF EACH ELECTORAL TRIBUNAL
Each Electoral Tribunal shall be composed of nine members. Three
shall be justices of the Supreme Court to be designated by the Chief
Justice. Six shall be Members of the Senate or House of
Representatives, as the case may be.
HOW ARE THE SIX MEMBERS CHOSEN?
They 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.
WHO SHALL BE THE CHAIRMAN?
The Senior Justice in the Electoral Tribunals shall be its chairman.
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ARE THE DECISIONS OF THE ELECTORAL TRIBUNALS APPEALABLE
TO THE SUPREME COURT?
No, except if there is a clear showing of grave abuse of discretion.
ARE THE ELECTORAL TRIBUNALS INDEPENDENT OF THE
LEGISLATURE?
In the discharge of their constitutional duties, the Electoral Tribunals
are independent not only of the legislature but also of the other
departments for that matter. In fact, it has the power to appoint,
supervise and control its employees, they being the employees of
the Electoral Tribunals and not of the Senate.
WHO HAS THE RIGHT TO NOMINATE TO THE LEGISLATIVE SEATS IN
THE ELECTORAL TRIBUNALS?
Under the 1935 Constitution, the parties who have the largest and
second largest number of votes in the chamber are entitled to
nominate three members each to the legislative seats.
THE COMMISSION ON APPOINTMENTS
Composition:
 Senate President as ex officio Chairman
 Twelve Senators
 Twelve Members of the House of Representatives
HOW ARE THEY ELECTED?
They are 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.
CAN THE CHAIRMAN VOTE?
The Chairman of the Commission shall not vote except in case of tie.
WITHIN WHAT PERIOD SHALL THE COMMISSION ACT ON ALL
APPOINTMENTS SUBMITTED TO IT?
Within 30-session days from their submission.
IF THE COMMISSION ON APPOINTMENTS CAN MEET ONLY DURING
THE SESSIONS OF CONGRESS, CAN THE PRESIDENT MAKE AN
APPOINTMENT DURING THE RECESS?
Yes, but the said appointment is subject to consideration,
confirmation, or rejection of the Commission on Appointments. This
is referred to and called as ad interim appointment.
ARE THE ELECTORAL TRIBUNALS FUNCTIONING ONLY DURING THE
SESSIONS OF CONGRESS?
The electoral tribunals continue to function during the recess. This is
brought about by the fact that there are many election protests
being filed before and after the winners are proclaimed.
WHAT HAPPENS TO AD INTERIM APPOINTMENTS NOT ACTED
UPON AT THE TIME OF ADJOURNMENT OF THE CONGRESS?
They are deemed by-passed.
WHEN WILL THE ELECTORAL TRIBUNAL AND THE COMMISSION ON
APPOINTMENTS BE CONSTITUTED?
They shall be constituted within 30 days after the Senate and the
House of Representatives shall have been organized with the
election of the President and the Speaker.
WHEN SHALL THE COMMISSION ON APPOINTMENTS MEET?
It shall meet only while Congress is in session, at the call of its
Chairman or a majority of all its members.
PURPOSE OF LEGISLATIVE INVESTIGATION
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A legislative body cannot effectively perform legislative work if it
does not know the matters which are the subject of legislation.
SCOPE OF THE POWER OF THE LEGISLATIVE INVESTIGATION
1. The power to conduct inquiry in aid of legislation in
accordance with its duly published rules of procedure.
2. The power to issue summons and notices in connection with
matters subject of its investigation or inquiry.
3. The power to punish or declare a person in contempt during
or in the course of legislative investigation.
4. The power to determine the rules of its proceedings.
Can a Senate Committee, like the Senate Blue Ribbon Committee,
inquire or conduct its own investigation of an issue or a case which
is already in court?
In said case, Bengson, Jr. v. Senate Blue Ribbon Committee the
Court held that it could no longer inquire into something that was
already before the courts.
REASON: To do so will cause the possibility of conflicting judgments
between a legislative committee and a judicial tribunal. Besides, it is
considered an encroachment into the exclusive domain of judicial
jurisdiction that had been acquired earlier.
Can cabinet secretaries be obliged to appear before and be heard
by either House of Congress on any matter pertaining to their
departments?
They may do so: (1) upon their own initiative; (2) with the consent
of the President; (3) or upon the request of either House, as the rule
of each House shall provide.
What is executive privilege?
The right of the President and high-level officials of the executive
branch to withhold information from Congress, the courts and the
public. The validity of the executive privilege depends on the ground
invoked to justify it and the context in which it is made.
Is Congress bound to respect the refusal of a department head to
appear in an inquiry in an aid of legislation?
Congress may respect the said refusal if there is a valid claim of
privilege through a certification of the President, or by the Executive
Secretary, upon the authority or order of the President. This means
that if Congress, on its honest view and for its own reasons, holds
that there is no valid claim of privilege, this becomes a contestable
issue which should be resolved by the Supreme Court.
TYPES OF INFORMATION WHICH MAY BE CONSIDERED
PRIVILEGED:
1. Matters of diplomatic character and under negotiations and
review.
2. Privilege accorded to presidential communications.
3. Deliberative process privilege which is recognized in the
United States.
4. Informer’s privilege.
Who can avail executive privilege?
The President can either invoke executive privilege or authorize the
Executive Secretary to invoke the privilege in her behalf, in which
case the Executive Secretary must state that the authority is “By
Order of the President” which means that he personally consulted
with her.
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Can cabinet members invoke executive privilege?
Executive privilege applies only to the president. If the cabinet
members or department secretaries claim that they need the
consent of the President before they testify in Congress, or that the
matter subject of their testimony involves a state secret or a
privilege matter, they should obtain a certification from the
president, through the executive secretary, to the effect that the
subject of their testimony is indeed a state secret or a privileged
matter. This must be clearly asserted.
Can the President of the Republic of the Philippines, or Congress,
declare war?
No. Only Congress has the SOLE POWER to declare the existence of
a state of war, not the power to declare war.
Can a member of the House of Representatives or the Senate
introduce any kind of bill or law?
A member of the House of Representatives or the Senate can
introduce any kind of bill subject to the following limitations:
1. All appropriation, revenue or tariff bills, bills authorizing
increase of 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.
2. Ex post facto laws, bills of attainder, or laws impairing the
obligation of contracts cannot be enacted.
3. Other inhibitions and limitations imposed by the
Constitution shall be respected.
What is an appropriation bill?
It is a bill the primary and specific purpose of which is to authorize
the release of funds from the public treasury.
What is a revenue bill?
It is a bill that levies taxes and raises funds for the government.
What is a tariff bill?
It is a bill that specifies the rates or duties to be imposed on
imported articles.
What is a bill increasing public debt?
It isa bill which authorizes the increase of public debt.
What is a private bill?
It is a bill which will benefit only a private individual like a bill
granting honorary citizenship to a foreigner for meritorious or
distinguished service which benefits our country or our people.
What is a bill of local application?
It is a bill which is of local application like the creation of a new
town, city or province.
A substitute bill was filed in the Senate in anticipation of its receipt
of the bill from the lower House. Does that contravene the
constitutional requirement that a bill of local application should
originate in the House of Representatives?
No, for as long as the Senate does not act thereupon until it receives
the House bill.
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What is an ex post facto law?
Generally, it is a law which punishes an act which at the time of its
commission was not punishable.
What are the six kinds of ex post facto law? Give example.
1. Every law that makes criminal an action done before the
passage of the law and which was innocent when done, and
punishes such an action.
Example: A law passed in 1998 raising the age of seduction
from 18 to 25 years, effective 1998.
2. Every law that aggravates a crime, or makes it greater than
when it is committed.
Example: A law passed in 1998 designating the crime of
homicide through reckless imprudence as murder, effective
1998.
3. Every law that changes punishment, and inflicts a greater
punishment than the law annexed to the crime when
committed.
Example: A law passed in 1998 increasing the penalty for
libel from prison correccional to prision mayor, effective
1988.
4. Every law that alters the legal rules of evidence, and
receives less or different testimony than the law required at
the time of the commission of the offense, in order to
convict the offender.
Example: A law passed in 1998 requiring for conviction mere
preponderance of evidence instead of proof beyond
reasonable doubt, effective 1988.
5. Every law which, assuming to regulate civil rights and
remedies only, in effect imposes a penalty or the
deprivation of
a right for something which, when done, was lawful.
Example: A law passed in 1998 depriving professionals of
the right to practice for failure or refusal to vote, effective
1998.
6. Every law which deprives persons accused of crime of some
lawful protection of a former conviction or acquittal, or of a
proclamation of amnesty.
Example: A law passed in 1998 lengthening the period for
prescription of blackmail from five to ten years, effective
1988.
What is a bill of attainder?
It is a bill or a law that inflicts punishment without trial.
What are the laws impairing the obligation of contracts?
They are laws which renders inoperative or illegal a contract which
was valid and existing before their enactment.
What is the procedure in the approval of bills, after it is presented
in the House of Representatives or the Senate?
The procedure as follows:
1. FIRST READING - Only the number and the title of the bill is
read. Thereafter, the Speaker or the Senate President, as
the case may be, refers it to the proper committee for
study.
2. SECOND READING - When the bill is reported out by the
committee, it shall be calendared for second reading. It is at
this stage when the bill is read in its entirety. Thereafter, the
bill is subject to debate, amendment and scrutiny by the
members of either House. This is the most important stage
in the passage of a bill.
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3. THIRD READING - The bill as approved on second reading is
printed in its final form. Copies thereof are distributed at
least three days before the third reading. During the third
reading, the members merely register their votes, or they
may explain their votes, if this is allowed by the rules. No
further debate is allowed.
4. IF THE BILL PASSES THE THIRD READING - It is sent to the
other chamber. There will also be three readings in the
other chamber. If it is approved by the upper chamber, it
will be submitted to the President for his consideration and
approval.
5. IF THE BILL IS FINALLY APPROVED BY CONGRESS - The bill is
enrolled when it is finally approved by Congress. Thereafter,
it will be authenticated with the signatures of the Senate
President or the Speaker and the Secretary, and approved
by the President.
end of Preliminary Examination coverage…
WHAT IS THE PROCEDURE IN THE APPROVAL AND DISAPPROVAL
OF BILLS?
IF A BILL IS APPROVED
If a bill passed by Congress is approved by the President, he shall
sign it. This means that the President is in conformity with the
purposes for which the bill was enacted.
IF THE BILL IS DISAPPROVED
If a bill passed by the Congress is not approved by the President, he
shall veto it and return the same with his objections to the House
where it originated, which shall enter the objections at large on its
journal and proceed to reconsider it.
In case the President has a veto message, what are the two
possibilities that may happen?
1. The House where the bill originated may take into account
the objections made by the President and make
corresponding amendments in the bill to accommodate the
requests or wishes of the President. When this happens, the
bill, as amended, will again be presented to the President
for his approval.
2. The other possibility is that two-thirds of all the members of
each House (the House where the bill originated and the
other House) may invalidate the veto and convert the bill
into law over the objection of the President.
Can a bill be vetoed partially by the President?
As a rule, the President must either approve or disapprove a bill
except in the case of appropriation, revenue, and tariff bills. By
express constitutional provision, the veto of any particular item or
items in an appropriation, revenue or tariff bill shall not affect the
item or items to which the President does not object.
Within what period shall the President communicate his veto of
any bill?
The President shall communicate his veto of any bill to the House
where it originated within 30 days after the date of the receipt
thereof; otherwise, it shall become a law as if he had signed it.
What is the meaning of uniformity of taxation and equitable
taxation?
Uniformity means that persons or things belonging to the same
valid classification shall be taxed at the same rate. Equitable
taxation means that taxes should be apportioned among the
people according to their capacity to pay.
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What is the nature and power of taxation?
1. It is inherent in sovereignty - It can be exercised by the
State even without the need of any express authority,
constitutional or otherwise.
2. It is legislative in character - Only Congress can impose
taxes. However, such power may be delegated to local
government units under such terms and conditions as may
be provided by law.
3. It is subject to constitutional and inherent limitations - The
limitations are those specifically provided in the
Constitution, or implied therefrom, while the rest are
inherent such as those arising from the nature of the taxing
power itself.
What are the limitations on the power to tax? (2 limitations:
Constitutional and Inherent)
Constitutional limitations
1. Due process clause and equal protection clause of the
Constitution
2. The rule on taxation shall be uniform and equitable.
3. No person shall be imprisoned for non-payment of poll tax.
4. Tariff bills must originate exclusively from the House of
Representatives.
5. It must respect persons and properties constitutionally
exempted from taxation.
6. Non-impairment of contracts.
7. Legislative exemption from taxation must be with the
concurrence of the majority of the members of Congress.
Inherent limitations
1. It must be for a public purpose.
2. It must be exercised by the legislature.
3. It is applicable only within the territorial jurisdiction of the
taxing State.
4. International law on comity.
What is a “progressive system of taxation”?
A tax system is progressive when the rate increases as the tax base
increases. The concept of progressive taxation reflects the wish of
the Commission that the legislature should use the power of
taxation as an instrument for a more equitable distribution of
wealth.
Is the power or authority of the President to fix tariff rates, import
and export quotas, etc., absolute?
By express provision of Section 28(2), said power and authority is
subject to such limitations and restrictions as Congress may impose.
What is the purpose of Section 28(2)?
This is one of the legislative powers which may validly be delegated
by Congress to the President to give the latter the authority and
opportunity to act promptly on the economic problems confronting
our country instead of being subject to delay caused by the usual
debates and other congressional proceedings.
What is required in order that said lands, buildings and
improvements shall be exempt from taxation?
They should be actually, directly, and exclusively used for religious,
charitable, or educational purposes, and this must be proven.
What are the three institutions which are granted tax exemption
under Section 28(3)?
(1) Charitable institutions; (2) religious institutions; and (3)
educational institutions.
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Why is it that a simple majority is not enough and the concurrence
of the majority of all the members of Congress is required?
The reason for this is because a tax exemption means less revenue
which the government should have earned were it not for the tax
exemption.
What are the constitutional restrictions to ensure that public funds
are spent properly?
1. No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
2. Public money shall not be appropriated, applied, paid, or
employed directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, secretarian
institution or system of religion, or of any priest, preacher,
minister, or dignitary. EXCEPT when such priest, preacher or
minister or dignitary is assigned to the armed forces, or to
any penal institution, or government orphanage or
leprosarium.
What is the reason behind Section 29(2), as aforementioned?
Public funds or property should not be used for secretarian
purposes as and by way of respect to the principle of the separation
of Church and State.
What is the extent of the prohibition to use public funds or
property for secretarian purposes?
The prohibition applies only when the appropriation is intended
purposely to benefit a religious institution. The use of public
property for religious purposes is not prohibited in the
following cases:
1. When the religious character of such use is merely
incidental to a temporary use which is available
indiscriminately to the public in general.
EXAMPLE: The Quirino Grandstand may be used by the El
Shaddai; or by any religious denomination, to
commemorate its founding anniversary. It may also be used
by any political party for a political rally.
2. Ecclesiastics may be paid public funds if they serve the
government in a non-ecclesiastical capacity.
EXAMPLE: A priest serving as a member of the committee
investigating the Centennial Expo Scam may receive
transportation allowance from public funds because he
receives the same not as an ecclesiastic but as a member of
the said Committee.
The Pork Barrel System is UNCONSTITUTIONAL
Reason: It violated the principle of separation of powers insofar as it
has conferred unto legislators the power of appropriation by giving
them personal, Discretionary Funds. From which they are evil to find
the fund specific projects which they themselves determine.
CHAPTER X. Executive Department
~ start of midterms and second quiz ~
Section 1. The executive power shall be vested in the President of
the Philippines.
1. Control of all Executive Departments, Bureaus and Offices
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President shall have control of all executive department,
bureaus and offices and shall be the Commander-in-Chief of
all the Armed Forces of the Philippines.
“Chief Executive”, heads the different executive
departments aka Cabinet Members, who are merely his
advisers.
2. Powers of the President are not limited only to those that
are expressly enumerated in the Constitution
- Has residual power to protect the general welfare of the
people
- Duty of the President as steward of the people (Marcos
v. Manglapus, 177 SCRA 668 [1989])
3. Residual Power
President’s duty to take care that the laws are faithfully
executed
4. Executive Power
Power to enforce and administer the laws
Shall ensure that laws are faithfully executed
Q – Is the President still required to determine the validity
of a law?
A – No. This is for the judiciary to determine.
Case: Alfredo T. Romualdez (brother of Imelda Marcos) v.
Sandiganbayan G.R. No. 152259, July 29, 2004.
Any reasonable doubt about the validity of the law
should be resolved in favor of its constitutionality. Executive
immunity cannot be used to shield a non-sitting President,
and any person acting pursuant to the President’s orders
cannot claim immunity because he derives his authority
from one who is no longer sitting as president.
Class discussion: Duterte can be held liable in the ICC for the “Drug
War” because he is no longer a sitting president.
Section 2. 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.
Section 3. There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with and in the same
manner as the President. He may be removed from office in the
same manner as the President.
The Vice-President may be appointed as a Member of the Cabinet.
Such appointment requires no confirmation.
Section 4. Lays down how President and VP shall be elected
…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…
…Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of the service for
the full term for which he was elected…
Qualifications of a President
1. A Natural-born citizen of the Philippines
A natural-born Filipino citizen is a citizen of the Philippines
from birth without having to perform an act to acquire or
perfect his Philippine citizenship (Section 2, Article IV)
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Those who were born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching the
age of majority “shall be deemed natural-born citizens”
(Section 2 in relation to Section 1[3], Article IV)
Naturalized citizen
One who acquires his Philippine citizenship after birth by
any of the modes allowed by law
2. A registered voter
A registered voter is one who is duly registered in the list of
voters because he possesses the qualifications for suffrage,
as required by Section 1, Article V.
- At least 18 years old
- Shall have resided in the Philippines for at least 1 year
- And in the place where they propose to vote for at least
6 months immediately preceding the election
- No literacy, property, or other substantive requirements
shall be imposed
3. Must be able to read and write
4. Must be at least 40 years of age on the day of the election
5. Must be resident of the Philippines for at least 10 years
immediately preceding such election so he be acquainted
with the conditions of the country
6. Must have pleasing personality and can work under
pressure (charot)
Qualifications of a Vice President
Same qualifications and term of office, and shall be elected
with and in the same manner as the President (Section 3, Article
VIII)
President and Vice President shall be elected by a direct vote of
the people for a term of 6 years (Section 4, 1st paragraph, Article
VIII)
Term of Office
- 6 years
- shall begin at noon of the 30th day of June next following
the day of the election
- shall end at noon of the same date 6 years after
They cannot serve for more than 2 consecutive terms.
Procedures to be conducted in the canvass of election returns and
the proclamation of the President and Vice-President
1. Transmission of Returns
Returns of every election for Pres. and Vice-Pres. shall be
duly certified by the board of canvassers of each province
and city (Section 4, 4th par.)
2. Transmission of Certified Returns to the Congress
Certified returns shall be transmitted to the Congress,
directed to the President of the Senate.
3. Opening of Certificates of Canvass
4. Canvass of the Votes By Congress
5. Proclamation
6. In case of tie
7. Promulgation of Rules for Canvassing of Certificates
8. Sole Judge of All Contests
Q – is former President Joseph Estrada eligible to run again as
President of the Philippines?
A–
1. In Estrada v. Desierto et. al. , the SC already ruled that
“using the totality test” which was determined “from
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his acts and omissions before, during and after January
20, 2001, or by the totality of prior, contemporaneous
and posterior fact and circumstantial evidence bearing a
material relevance on the issue”, “we hold that
petitioner resigned as President”
2. A. Under Section 5, Article III of the Constitution, his
oath is that during his term, he will faithfully and
conscientiously fulfill his duties, preserve and defend
the Constitution, execute its laws, do justice to every
man, and consecrate himself to the service of the
nation.
He did not comply with this oath, but instead was
convicted of plunder beyond reasonable doubt, only
that he was granted pardon, an act which was an abuse
of presidential prerogative because it was granted in
haste and before the judgement of conviction became
final.
B. if he is allowed to run again, the mere fact of allowing
him ipso facto allows a mockery of Section 5, Article III
Case: Legarda v. De Castro, P.E.T. Case No. 003, March
31, 2005
The President is not eligible for any re-election.
Disadvantages arising from a long period of service:
1. Opportunity to appoint practically all the justices of the SC
2. Same is true with the appointment of other constitutional
officers such as the Commissioners of the 3 independent
commissions (CoA, CSC, COMELEC)
3. Same is true with appointment of generals in the AFP
Other powers of the President other than granted by the 1987
Constitution
1. Powers found, confirmed, and stated in enabling laws, and
in several decisions of the SC
2. Implied or inferred powers from those expressly granted to
the President, or in the exercise of his control “of all
executive departments, bureaus and offices”, or in the
pursuit of his task of ensuring “that laws be faithfully
executed,” or in his capacity as “Commander-in-Chief of the
AFP”.
The Vice-President can be appointed as a member of the cabinet.
And requires no confirmation from the Commission on
Appointments. Rationale: he is in a better position to be appointed
given that he has the same qualifications, term of office and elected
as the President.
Q – What is the weakness of Section 2, Article VIII of the 1987
Constitution with respect to qualifications of a President, Senators,
and members of the House of Representatives?
A – need to re-examine the qualification “read and write”
Section 5. 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.)
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Q – What is the purpose of Section 5, Article VII, requiring the
President, Vice-President or Acting President to take the oath or
affirmation stated in Section 5?
A – to instill in their minds and to declare to all:
1. That said public official have a solemn oath – to
faithfully and conscientiously fulfill their duties
2. They preserve and defend the Constitution
3. They will execute the laws of the Philippines
4. That they will do justice to every man
5. That they consecrate themselves to the service of the
Nation
6. That they formally invoke and ask the help of God, in
the course of or fulfillment of their duties
Section 6. 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.
Salary of the President and Vice-President. Php 300K annual salary
for president (Section 17, Article XVIII)
Salary cannot be decreased during his tenure.
Salary can be increased but shall take effect after the expiration of
the term of the incumbent during which such increase was
approved.
President cannot receive any other emolument during his tenure
from the government or any other source.
Simplification:
Section 7 – Lays down the rule to be applied if there is a vacancy
before the beginning of the term of the President
1. In case of death or permanent disability of the
President-elect – VP elect shall become President
2. In case of failure to elect the President (i.e. election has
not been held or non-completion of the canvass) – VP
shall act as the President until the President shall have
been chosen
3. In case no President or VP shall have been chosen and
qualified, or where both shall have died or become
permanently disabled –
a. Senate President, next the Speaker of House of
Representatives shall act until a President or VP
is chosen and qualified
b. 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 VP shall have
qualified, in case of death, permanent disability
or inability of the officials mentioned in #3.
Section 8 – Lays the rule to be applied if there is a vacancy during
the incumbency of the President
In case of death, permanent disability, removal from office or
resignation of the
1. President  VP becomes the President to serve the
unexpired term
2. President & VP  Senate President, then Speaker of the
House of Representatives until the President and VP
shall have been elected and qualified
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Rules and procedures if a vacancy occurs in the offices of the
President and Vice-President:
1. At 10:00 AM of the 3rd day after said vacancy occurs –
Congress shall convene in accordance with its rules without
the need of a call
2. Within 7 days – Congress shall enact a law calling for a
special session to elect a President and a VP
3. Said special session shall be held – not earlier than 45 days
nor later than 60 days from the time of such call
4. The bill calling such special election – shall be deemed
certified under par. 2, Section 26, Article VI of the
Constitution, and shall become law upon its approval on the
3rd reading by Congress
5. Appropriations for said special election – charged against
any current appropriations and shall be exempt from the
requirements of par. 4, Section 25, Article VI of the
Constitution. (Pwede ka charge sa confidential fund? )
6. The convening of Congress and the special election –
cannot be suspended or postponed
7. No special election shall be called – if vacancy occurs within
18 months before the date of the next Presidential
elections.
Instances where there is presidential inability to discharge powers
and duties of his office:
1. President transmits written declaration of inability to
discharge powers and duties of his office to the Senate
President and Speaker of HoR (House of Representatives) 
shall be discharged by the VP as Acting President
2. When a majority of all members of the Cabinet transmit
written declaration of inability to discharge powers and
duties of office of the President to the Senate President or
Speaker of HoR  VP immediately assume the powers and
duties of office as Acting President
When #2 above happens, can the President re-assume the powers
and duties of his office? Yes. If president transmits written
declaration to Senate President and Speaker of HoR that no inability
exists.
Can Cabinet members refute the written declaration of the
President that no disability exists? Yes. But the refute should be
transmitted within 5 days to the Senate President and Speaker of
the HoR via a written declaration. This becomes an issue and a
political question.
Who decides said issue? Congress
How shall Congress decide the issue?
If Congress not in session – shall convene within 48 hours without
the need of a call.
Within 10 days from receipt of last declaration, or within 12 days, if
not in session – shall determine by 2/3 vote of both Houses, voting
separately, that the President is unable to discharge powers and
duties of his office.
What is the information needed if the President is seriously ill?
Public shall be informed of the state of his health.
National security and foreign relations members of cabinet and
Chief of Staff of the AFP shall not be denied access to the President
during illness
Presidential Succession: VP shall act as President if
1.) A President-elect fails to qualify
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2.) No President is chosen
3.) A President-elect dies before he assumes office or
before the beginning of his term
What happens if a President-elect was shot in Malacanang
Palace before the beginning of his term? It depends.
1.) If the President dies – VP elect shall become President
2.) If the President did not die and is able to assume office
– President entitled to assume Presidency
What happens if both President and VP died before they
could assume office?
President of the Senate, then Speaker of the House
shall act as President until the President or the VP shall have
been chosen and qualified
What happens if A, duly proclaimed President, dies a day
after he assumed office?
VP shall become President to serve the unexpired
term
Inhibitions of the President
1. Shall not hold any other office
2. 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. Strictly avoid conflict of interest in the conduct of his
office
4. Spouse and relatives by consanguinity or affinity within
4th civil degree shall not be appointed members of the
Constitutional Commissions, Office of the Ombudsman,
Secretaries, Undersecretaries, Chairmen or heads of
bureaus or offices incl. government-owned or
controlled corporations and subsidiaries
These inhibitions are also applicable to the VP, Members of
Cabinet, their Deputies and Assistants
Does the President enjoy immunity from suit? Yes, but only during
his tenure. Unlawful acts of public officials are not acts of the State
and the officer who acts illegally is not acting as such but stands in
the same footing as any other trespasser (Estrada v Desierto, GR
Nos 146710-15, March 2, 2001)
Section 14. Appointments extended by an Acting President shall
remain effective, unless revoked by the elected President, within
ninety days from his assumption or reassumption of office.
Q – A is an Acting President, does he possess the power to appoint?
A – Yes, but his appointment may be revoked by the elected
president within 90 days from assumption or re-assumption of
office
Q – A is an incumbent president whose term of office is about to
expire. The night before his term expired, President A issued mass
“midnight appointment”. Are the said appointments valid?
A – Dominador R. Aytona v Andres Castillo et. al. (L-19313, January
19, 1962) Such act may be regarded by the successor as an abuse of
Presidential prerogatives
Section 15. [Restraint to a president or acting president in
extending appointments.] Two months immediately before the next
presidential elections and up to the end of his term, a President or
Acting President shall not make appointments, except temporary
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appointments to executive positions when continued vacancies
therein will prejudice public service or endanger public safety.
Issue with Section 15, Article VII (above) vs Section 4 (1), Article
VIII. The applicability of Section 15, Article VII was raised as an issue
when President GMA appointed then Chief Justice Renato Corona.
Was he a midnight appointee and is the constitutional ban provided
in Section 15 applicable to him?
Section 4(1), Article VIII. The Supreme Court shall be composed of a
Chief Justice and fourteen Associate Justices. It may sit en banc or, in
its discretion, in divisions of three, five or seven Members. Any
vacancy shall be filled within ninety days from the occurrence
thereof
The Supreme Court ruled that the constitutional ban on midnight
appointments does not apply to appointments to the judiciary, and
that “any vacancy shall be filled within 90 days from the occurrence
thereof.” following provisions above Section 4(1), Article VIII.
Note: Author of the Book (Suarez) disagrees with this ruling of the
Supreme Court, as it should be Section 15, Article VII that should
govern as it is clear that there should be no appointments two
months immediately before the next presidential elections.
Rationale are 1.) Rule on statutory construction Verba Legis and 2.)
Intent of the framers
Section 16. Lays out the Presidential appointing powers
What is the scope of the President’s appointing power?
President shall nominate and with the consent of the Commission
on Appointments, appoint the following: HAO-OAA
1. Heads of the executive department
2. Ambassadors
3. Officers of the AFP
4. Other officers whose appointments are vested in the
President by the Constitution
5. All other officers of government whose appointments are
not provided by law (not subject to confirmation by CA)
6. Anyone whom he can appoint by authority of the law
What is the nature of the appointing power of the President?
Executive in nature
Can Congress usurp the exercise of such function (if the appointing
power of the President is executive in nature)?
No, as it violates the principle of separation of powers.
However, the SC retains the power and authority via the
Commission on Appointments to confirm the appointments made
by the President.
What appointments need confirmation by the Commission on
Appointments?
As a rule, all appointments made by the President.
However, appointments of other officers, lower in rank, may, by
law, be vested by Congress in the President alone, in the courts, or
in the heads of departments, agencies or boards.
Q – General Mison was appointment Commissioner of Customers,
does his appointment need confirmation by the Commission on
Appointments?
A – No, as this is not mentioned in the 1 st sentence of Section 14,
Article VII.
Distinction between Regular and Ad Interim Appointment
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Regular – made by the President while Congress is in session, takes
effect only after confirmation by the Commission on Appointments,
term continues until the end of the term of the appointee
Ad Interim – made by the President while Congress is NOT in
session, takes effect immediately but ceases to be valid if
disapproved by the Commission on Appointments or upon next
adjournment of Congress
Purpose of Ad Interim Appointment
Prevent hiatus in the discharge of official duties
Is an Ad Interim appointment a permanent appointment? Yes
What is the effectivity and duration of ad interim appointment?
Effective immediately without the need for confirmation from the
Commission on Appointments (CA).
They are effective until disapproved by the CA or until the next
adjournment of Congress
Ad Interim Appointment vs Appointment in an acting capacity
Ad Interim
1. Refers only to position that needs confirmation by the
CA
2. Appointment may be given only when Congress is not in
session
Appointment in an acting capacity
1. Given to those which do not need confirmation
2. May be given even when Congress is in session
Section 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed.
Q – what is the extent of the control of the power of the President?
A – power to make an appointment, power to remove whenever he
deems it proper and necessary, extends over all executive officers
from Cabinet Secretary to the lowliest clerk
Q – what is the doctrine of qualified political agency?
A – is a corollary rule to the control powers of the President.
This doctrine recognizes the establishment of a single executive, “all
executive and administrative organization are adjuncts of the
Executive Department, the heads of the various executive
departments are assistants and agents of the Chief Executive. The
multifarious executive and administrative functions of the Chief
Executive are performed by and through the executive
departments. The acts of the Secretaries of the departments are
presumptively the acts of the Chief Executive, unless disapproved or
reprobated.
Q – Does the President have control over the officers of the
government-owned corporations?
A – Yes
Q – What is the difference between the power of control and the
power of supervision?
A–
Power of Control: power of an officer to alter or modify or
set aside what his subordinate had done in the performance of his
duties and to substitute the judgement of the former for that of the
latter
Power of Supervision: power of a superior officer to ensure
that the laws are faithfully executed by the inferiors.
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10. Other powers

The power of control necessarily includes the power of
supervision but the latter does not include the former.

~ end of scope of second quiz ~

Sections 18 – 23 simplification:
Section 18. cites the military powers of the President
Section 19. refers to the power of the President to grant executive
clemency
Section 20. refers to the power of the President to enter into
contracts or guarantee foreign loans on behalf of the Republic of
the Philippines with the prior concurrence of the monetary board,
and subject to such limitations as provided by law
Section 21. refers to the power of the President in the field of
foreign relations
Section 22. refers to the power of the President to submit and
recommend a budget of receipts and expenditures and sources of
financing to Congress within 30 days from the opening of every
regular session
Section 23. refers to what is popularly called as the function of the
President to deliver a SONA (state of the nation address)

Powers of the President: EAC-MP-BDBI-Other Powers

1. Executive power
2. Appointment power
3. Control power
4. Military power
5. Pardoning power
6. Borrowing power
7. Diplomatic power
8. Budgetary power
9. Informing power

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