BASIC DOCTRINES UNDER ART VII

 Doctrine of Qualified Political Agency

 Doctrine of Command Responsibility
 Doctrine of Necessary Implication
DOCTRINE OF QUALIFIED POLITICAL AGENCY
 The Doctrine of Qualified Political Agency essentially postulates that the
heads of the various executive departments are the alter egos of the
President, and thus, the actions taken by such heads in the
performance of their official duties are deemed the acts of the
President himself unless the President himself should disapprove such
acts.

PRESIDENT’S POWER OF CONTROL

(Article VII, Section 17)
 DOCTRINE OF NECESSARY
IMPLICATION
 Under the Doctrine of Necessary Implication, the grant of an
express power carries with it all the powers that may be
reasonably inferred from it.
 DOCTRINE OF COMMAND RESPONSIBILITY
 The Doctrine of Command Responsibility refers to the responsibility of commanders for
crimes committed by subordinate members of the armed forces or other persons subject to
their control in international wars or domestic conflicts.
 The elements to be established in order to hold the superior or commander liable under the
doctrine of command responsibility are:
a. the existence of a superior-subordinate relationship between the accused as superior
and the perpetrator of the crime as his subordinate;
b. the superior know that the crime was about to be or had been committed; and
c. the superior failed to take the necessary and reasonable measures to prevent the
criminal acts or punish the perpetrators thereof

PRESIDENT’S MILITARY POWERS

ARTICLE VII-
EXECUTIVE
DEPARTMENT
 ARTICLE VII-EXECUTIVE
 Executive Power
DEPARTMENT
 Qualifications of the President and Vice-President
 Term of Office of the President and Vice-President
 Composition of PET
 Inhibitions and Prohibitions Against Holding Dual or Multiple Offices
 Executive Privilege
 Presidential Immunity
 Powers of the President
WHAT IS EXECUTIVE
POWER?
 The executive power shall be vested in the President of the
Philippines. (Sec.1, Article VII, 1987 Constitution)

Executive power is briefly described as the power to

enforce and administer laws.
QUALIFICATIONS OF THE PRESIDENT
 No person may be elected President unless:
o he is a natural-born citizen of the Philippines;
o a registered voter;
o able to read and write ;
o at least forty (40) years of age on the day of election;
o a resident of the Philippines for at least ten years immediately preceding such
election.
(Section 2, Art. VII, 1987 Constitution)
 SAMPLE PROBLEM

Can a charismatic and effective 30-year old

mayor of a chartered city in Manila legally run
for President of the Republic of the Philippines
in the 2022 elections? Explain briefly. (2021-
2022 BAR EXAM)
QUALIFICATIONS OF THE VICE
PRESIDENT
 There shall be a Vice-President who shall have the same qualification and term
of office and be elected with the same manner as the President.

 The Vice-President may be appointed as Member of the Cabinet. Such

appointment requires no confirmation.

(Section 3, Article VII, 1987 Constitution)

SAMPLE PROBLEM
 President Marcos appoints Vice President Sara Duterte as his
Administration’s Housing Czar, a position that requires the
appointee to sit in the Cabinet. Although the appointment of the
members of the Cabinet requires confirmation by the Commission
on Appointment (CA), the Office of the President does not submit
the appointment to CA. May Vice President Sara Duterte validly sit
in the cabinet?
ANSWER:
Yes, Vice President Sara Duterte may validly sit in the
Cabinet as the President’s Housing Czar.
Under the 1987 Constitution, the Vice-President may be
appointed as a Member of the Cabinet. Such appointment
requires no confirmation.
Here, Vice President Sarah Duterte’s appointment is valid
because her appointment requires no confirmation from
Commission on Appointment.
Thus, she may validly sit in the Cabinet as the President’s
Housing Czar.
TERM OF OFFICE OF THE PRESIDENT AND
THE VICE PRESIDENT
 The President and the Vice-President shall be elected by direct vote of
the people for a term of six years which shall begin at noon on the
thirtieth (30th) day of June next following the day of the election and
shall end at noon of the same date, six years thereafter.
 The President shall not be eligible for any re-election. No person who
has succeeded as the President and has served as such for more than
four years shall be qualified for election at the same office at any
time.
 No Vice-President shall serve for more than two successive terms.
(Section 4, Art. VII, 1987 Constitution)
 COMPOSITION OF PET
 The Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns, and qualifications of the
President or Vice-President, and may promulgate its rules for the
purpose.
(Section 4, Article VII, 1987 Constitution)

NOTE:
 The composition of the PET is the same as the composition of the
Supreme Court (the Chief Justice & 14 Associate Justices, sitting en
banc)
Read:
Macalintal vs PET, GR No. 191618, November 23, 2010
 DOES THE CREATION OF THE
PRESIDENTIAL ELECTORAL TRIBUNAL
(PET) VIOLATE SECTION 4, ARTICLE
VII OF THE 1987 CONSTITUTION?

Macalintal vs PET
GR No. 191618, November 23, 2010
 SUMMARY OF THE CASE
 This portion of Section 4 designating it as the sole judge of all presidential and vice-
presidential election contests “is an innovation of the 1987 Constitution.”
 The PET is not separate and distinct entity from the Supreme Court; it has functions
particular only to tribunal.
 The PET, as intended by the framers of the Constitution, is to be an institution,
independent, not separate from the judicial department.
SAMPLE PROBLEM
 Mr. A and Mr. B were the leading candidates in the Presidential elections. After
elections, Mr. A emerged as the winner by a slim margin of 50,000 votes.
Undaunted, Mr. B filed a protest with the Presidential Electoral Tribunal (PET).
After due consideration of the facts and the issues, the PET ruled that Mr. B was
the real winner of the elections and ordered his immediate proclamation.
Consequently, Mr. A filed with the Supreme Court a petition for certiorari
challenging the decision of the PET alleging grave abuse of discretion. Does the
Supreme Court have jurisdiction?
ANSWER:

No, the Supreme Court does not have jurisdiction over the decision of the PET.
Under the law, the composition of the PET and the Supreme Court are the same.
In other words, the PET and the Supreme Court, in the resolution of all contests
relating to the election, returns and qualifications of the President or the Vice-
President, are necessarily one and the same institution. Though the PET is an
independent constitutional body, it is not separate from the Supreme Court.
Thus, the Supreme Court has no jurisdiction over PET’s decision.
 PRESIDENTIAL SUCCESSION
 There are two sets of rules on Presidential succession:

a) Section 7, Art. VII (Vacancies occurring before the President’s

term);
b) Section 8, Art. VII (Vacancies occurring afterwards)
 PRESIDENTIAL SUCCESSION
(VACANCYBEFORE/BEGINNING THE
PRESIDENT’S TERM)
 If the President-elect fails to quality, the Vice President-elect shall act as
President until the President-elect shall have qualified.

 If a President shall not have been chosen, the Vice President-elect shall act as
President until the President shall have been chosen and qualified.

 If at the beginning of the term of the President, the President-elect shall have
died or shall become permanently disabled, the Vice President-elect shall
become President.
(Section 7, Article VII, 1987 Constitution)
 PRESIDENTIAL SUCCESSION
(VACANCY OCCURING AFTERWARDS)
 In case of death, permanent disability, removal from office , or
resignation of the President, the Vice President shall become the
President to serve the unexpired term.
(Section 8, Article VII, 1987 Constitution)
WHAT HAVE YOU LEARNED FROM OUR
DISCUSSION EARLIER?
How about if there’s no President
and no Vice President chosen or
qualified?
 Where no President and Vice-President shall have been chosen or shall
qualified, or where both shall have died or become permanently disabled,
the President of the Senate, or in case of his inability, the Speaker of
the House of Representatives shall act as President until a President
or a Vice-President shall have been chosen and qualified.
(Section 7, Article VII, 1987 Constitution)

 In case of death, permanent disability, removal from office or resignation

of both the President and Vice President, the President of the Senate or,
in case of his inability, the Speaker of the House of Representatives,
shall then act as President until the President or Vice-President shall
have been elected and qualified.
(Section 8, Article VIII, 1987 Constitution)
 VICE-PRESIDENTIAL SUCCESSION
 Whenever there is a vacancy in the Office of the Vice-President
during the term for which he was elected, the President shall
nominate a Vice-President from among the Members of the Senate
and the House of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of both Houses
and Congress, voting separately.

(Section 9, Art. VII, 1987 Constitution)

 SAMPLE PROBLEM
 President Vic died during his third year in office. In accordance with the
Constitution, Vice President Vhong succeeded him. President Vhong then
nominated the late President Vic’s Executive Secretary, Denice, as his
replacement as Vice President. The nomination was confirmed by a
majority of all the Members of the House of Representatives and the
Senate, voting separately.
a. Is Denice’s assumption as Vice President valid?
b. Can Vice President Vhong run as President in the next election?
Answer:

(a)No, Denice’s assumption as Vice President is not valid.

Under the 1987 Constitution, whenever there is a vacancy in the Office of
the Vice- President, the President shall nominate a Vice-President from among
the Members of the Senate and the House of Representatives who shall assume
office upon confirmation by majority of all the Members of both Houses of the
Congress, voting separately.
Here, Denice is an Executive Secretary, not a member of the Senate or
House of Representatives.
Thus, her assumption is not valid.
(b) Yes, Vhong can still run as President in the next election.
The 1987 Constitution explicitly provides that “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.”
In this case, Vhong has served for less than four years.
Thus, he can still run as President.
PROHIBITIONS AGAINST HOLDING DUAL OR
MULTIPLE OFFICES
 The President, Vice-President, the Members of the Cabinet, and their deputies
or assistants SHALL NOT unless otherwise provided in this Constitution hold
any other office or employment during their tenure.
 They shall not, during said tenure, directly or indirectly, practice any other
profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations of their subsidiaries.
 They shall strictly avoid conflict of interest in the conduct of their office.
(Section 13, Art. VII, 1987 Constitution)
Read: Civil Liberties Union vs Executive Secretary, GR No. 83896, Feb. 22, 1991

Araullo vs Aquino, GR No. 209287, July 1, 2014

 PROHIBITIONS AGAINST THE
HOLDING OF MULTIPLE OFFICES
UNDER ART. VII. 1987
CONSTITUTION
(CIVIL LIBERTIES UNION VS THE EXECUTIVE SECRETARY
GR NO 83896, FEBRUARY 22, 1991; FUNA VS ERMITA
GR NO. 184740, FEBRUARY 11, 2010; PUBLIC INTEREST
CENTER INC VS ELMA, GR Nos. 83896 and 83815, February 22,
1991)
 SUMMARY OF THE CASES
 The only two exceptions against the holding of multiple offices are:
a. Those provided for under the Constitution, such as Sec. 3, Art. VII,
authorizing the Vice President to become a member of the Cabinet
b. Posts occupied by Executive Officials specified in Sec. 13, Art. VII
without additional compensation in ex officio capacities as
provided by law and as required by the primary functions of the
officials’ offices
 SUMMARY OF THE CASE
 The prohibition against dual or multiple offices being held by one
official must be construed as to apply to all appointments or
designations, whether permanent or temporary , for it is without
question that the avowed objective of Section 13 is to prevent the
concentration of powers in the Executive Department officials,
specifically the President, the Vice President, and the Members of the
Cabinet and their deputies and assistants.
 How about the spouse and
relatives by consanguinity or
affinity within the 4 Civil
th

degree of the President?

 The spouse and relatives by consanguinity or affinity within the fourth
civil degree of the President SHALL NOT during his tenure be
appointed as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries ,
chairmen or heads of bureaus or offices, including government-
owned or controlled corporations and their subsidiaries.
(Section 13, Art. VII, 1987 Constitution)

NOTE:
- Does not cover appointments made by the President to the Judiciary.
 POWERS OF THE PRESIDENT
 Appointing Power (Section 16, Art. VII)
 Control Power (Section 17, Art. VII)
 Military Power (Section 18, Art. VII)
 Pardoning Power (Section 19, Art. VII)
 Borrowing Power (Section 20, Art. VII)
 Diplomatic Power (Section 21, Art. VII)
 Budgetary Power (Section 22, Art. VII)
 Informing Power (Section 23, Art. VII)
 APPOINTING POWER
 The President shall nominate and with the consent of the Commission
on Appointments, appoint the:
a) heads of the executive departments;
b) ambassadors;
c) other public ministers and consuls;
d) officers of the Armed Forces of the Philippines from the rank of
colonel or naval captain;
e) other officers whose appointments are vested in him in this
Constitution.
(Section 16, Art. VII, 1987 Constitution)
 APPOINTING POWER
 He shall also appoint all other officers of the Government whose
appointments are not otherwise provided by law , and those whom he
may be authorized by law to appoint.
 The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproved by the
Commission on Appointments or until the next adjournment of the
Congress. AD INTERIM APPOINTMENT

(Section 16, Art. VII, 1987 Constitution)

Read: Matibag vs Benipayo, GR No. 149036, April 2, 2002
Aytona vs Castillo, GR No. L-19313, January 19, 1962
SAMPLE PROBLEM:
 Carl was appointed by Pres. Marcos as Commissioner of the COMELEC while
Congress was not in session. Pending confirmation of his appointment by the
Commission on Appointments, Carl started to perform his official functions in the
COMELEC. Atty. Kate questioned before the Supreme Court the exercise of
official functions by Carl, stating that his ad interim appointment is not
permanent appointment but a temporary one pending confirmation by the
Commission on Appointments, and thus prohibited under Art. IX-C of the 1987
Constitution which states that “in no case shall any member of the COMELEC be
appointed or designated in a temporary or acting capacity. Is Atty. Kate’s
contention correct?
 No, Atty. Kate’s contention is not correct.
Jurisprudence dictates that an ad interim appointment is a permanent
appointment because it takes immediately and can no longer be withdrawn by the
President once the appointee has qualified into office. The fact that it is subject to
confirmation by the Commission on Appointment does not alter its permanent
character. Therefore, Atty. Kate’s contention is incorrect.

Alternative Answer:
No, Atty. Kate’s contention is not correct.
The Constitution itself makes an ad interim appointment permanent in character
by making it effective until disapproved by the Commission on Appointments or
until the next adjournment of Congress. Therefore, Atty. Kate’s contention is
incorrect.
 Is there a limitation on the
President’s Power to Appoint?
 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 appointments to executive positions when continued
vacancies therein will prejudice public service or endanger public safety.
(Section 16, Art. VII, 1987 Constitution)

Is this provision applicable to President’s appointments in the

judiciary? Read: De Castro vs Judicial and Bar Council
ILLUSTRATION:
 Cardo , first cousin of President Hidalgo has been in the judiciary for a long time,
starting from the lowest court. Twenty years from his first year in the judiciary, he
was nominated as a Justice in the Court of Appeals. The Judicial and Bar Council
included him in the short-list submitted to the President whose term or office was
about to end-it was a month before the next presidential elections.
(a) Can Pres. Hidalgo still make appointments to the judiciary during the so called
midnight appointment ban period?
(b) Assuming that he can still make appointments, could he appoint Cardo, his first
cousin?
ANSWER:
(A) Yes, Pres. Hidalgo can still make appointments to the judiciary during the so-
called midnight appointment ban period because the prohibition against such,
which is found in Section 15 of Article VII of the 1987 Constitution, covers
only appointments to executive positions.
Jurisprudence dictates that the prohibition against the President or Acting
president making appointments within two months before the next Presidential
elections and up to the end of the President’s or Acting President’s term does not
refer to the Members of the Supreme Court. Section 15, Art. VII does not apply as
well as to all other appointments in the Judiciary.
Hence, Pres. Hidalgo can still appoint Cardo.
ANSWER:

(B) Yes, Pres. Hidalgo can still appoint Cardo as a Justice in the Court of Appeals because
the prohibition provided under Section 13 , Art. VII which states that “The spouse and
relatives by consanguinity or affinity within the fourth civil degree of the President SHALL
NOT during his tenure be appointed as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries , chairmen or heads of
bureaus or offices, including government-owned or controlled corporations and their
subsidiaries” does not cover appointments to the judiciary. Hence, Pres. Hidalgo can still
appoint Cardo.
 CONTROL POWER

 The President shall have control of all the executive departments. Bureaus
and offices.
 He shall ensure that the laws be faithfully executed.
(Section 17, Art. VII, 1987 Constitution)
 MILITARY POWER
 The President shall be the Commander-in-Chief of all the Armed Forces of
the Philippines and whenever it becomes necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion, or rebellion.
CALLING-OUT POWER OF THE
PRESIDENT
 In case of invasion or rebellion, when the public safety requires it, he may, for
a period not exceeding sixty days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under martial law.
(Section 18, Art. VII, 1987 Constitution)
 Within forty-eight hours from the proclamation of martial law or the suspension
of the privilege of the writ of habeas corpus, the President shall submit a report in
person or in writing to the Congress.
 The Congress, voting jointly, by a vote of at least a majority of all its Members in
regular or special session, may revoke such proclamation or suspension which
revocation shall not be set aside by the President.
 Upon the initiative of the President, the Congress, may in the same manner,
extend such proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety requires it.
 The Congress, if not in session, shall within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need of
a call.
(Section 18, Art. VII, 1987 Constitution)
May the Supreme Court review
the proclamation of martial law
or the suspension of the
privilege of the writ of habeas
corpus?
 The Supreme Court, may review in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation of martial law or
the suspension of the privilege of the writ or extension thereof, and must
promulgate its decision thereon within thirty days from its filing.
(Section 18, Art. VII, 1987 Constitution)
How does a state under martial
law look like?
 A state of martial law does not suspend the operation of the Constitution, nor
supplant the functioning of the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor automatically suspend the
privilege of the writ.
 The suspension of the privilege of the writ shall apply to persons judicially
charged for rebellion or offenses inherent in or directly connected with
invasion.
 During the suspension of the privilege of the writ, any person thus arrested or
detained shall be judicially charged within three days, otherwise, he shall be
released.
(Section 18, Art. VII, 1987 Constitution)
 PARDONING POWER
 Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit fines
and forfeitures, after conviction by final judgment.
 He shall also have the power to grant amnesty with the concurrence of a
majority of all the Members of the Congress.

(Section 19, Art. VII, 1987 Constitution)

 BORROWING POWER
 The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary
Board, and subject to such limitations as may be provided by law.
 The Monetary Board shall, within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of its decisions on
applications for loans to be contracted by the Government or government-owned
and controlled corporations which would have the effect of increasing the foreign
debt, and containing other matters as may be provided by law.
(Section 20, Art. VII, 1987 Constitution)
 DIPLOMATIC POWER
 No treaty or international agreement shall be valid and effective unless
concurred in by at least 2/3 of all the Members of the Senate.
(Section 21, Art. VII, 1987 Constitution)

NOTE:
- Under the Constitution, the Senate merely provides its concurrence to, and does not
ratify treaties. It is the President who ratifies treaties. (Pimentel vs. Executive
Secretary, GR No. 15808, July 16, 2008)
 BUDGETARY POWER
 The President shall submit to the Congress, within thirty days from the opening
of every regular session, as the basis of the general appropriations bill, a budget
of expenditures and sources of financing, including receipts from existing and
proposed revenue measures.
(Section 22, Art. VII, 1987 Constitution)
 INFORMING POWER
 The President shall address the Congress at the opening of its regular session.
He may also appear before it at any other time.

STATE OF THE NATION ADDRESS (SONA)

(Section 23, Art. VII, 1987 Constitution)