POLITICAL LAW (a) after the approval of such

1987 CONSTITUTION amendment or revision;

(Constituent Assembly or
NATURE OF A CONSTITUTION Constitutional Convention)
(b) after the certification by the
PARTS Comelec of the sufficiency of the
Constitutions have three parts - the petition.
Constitution of Liberty, which states the
fundamental rights of the people (bill of Revision – alters a basic principle in the
rights); the Constitution of Government, constitution.
which establishes the structure of - Alters the substantial entirety of
government, its branches and their the constitution, as when the
operation (Art VI, VII, VIII); and the change affects substantial
Constitution of Sovereignty, which provisions of the Constitution.
provides how the Constitution may be
changed (Art. XVII). [Lambino vs. FUNDAMENTAL POWERS OF THE
Comelec, G.R. No. 174153 STATE
October 25, 2006, J Azcuna, Separate
opinion] POLICE POWER
- Regulates liberty and property
PROCESS OF CHANGE for the promotion of the general
Sec.1, Art. XVII. Any amendment to, or welfare.
revision of, this Constitution may be - Positive sense: it is the power
proposed by: to prescribe regulations to
(1) The Congress, upon a vote of ¾ of promote the health, morals,
all its Members or peace, education, good order
(2) A constitutional convention or safety, and general welfare
of the people.
Sec.2, Art. XVII. Amendment to this - Negative sense: it is that
Constitution may likewise be directly inherent and plenary power in
proposed by the people through initiative the State which enables it to
upon a petition of: prohibit all things hurtful to the
(a) At least 12% of the total number of comfort, safety, and welfare of
registered voters society.
(b) Of which every legislative district - Lodged primarily in the national
must be represented by at least legislature
3% of the registered voters - By virtue of valid delegation,
therein. may be exercised by:
(a) President
No amendment shall be authorized within (b) Administrative boards
five years following the ratification of this (c) Lawmaking bodies on all
Constitution nor oftener than once every municipal levels, including
five years thereafter. the barangay

Sec.3, Art. XVII. The Congress may, TESTS:

(a) By a vote of 2/3 of all its Members, (1) RATIONAL BASIS TEST
call a constitutional convention, (a) Applied mainly in analysis of
OR equal protection challenges
(b) by a majority vote of all its (b) Laws and ordinances are
Members, submit to the electorate upheld if they rationally further
the question of calling such a a legitimate governmental
convention. interest.
(c) Two requisites must concur:
Sec.4, Art. XVII. Any amendment to, or (i) The interests of the
revision of, this Constitution shall be valid public generally, require
when ratified by a majority of the votes its exercise; and
cast in a plebiscite which shall be held not (ii) The means employed
earlier than 60 days not later than 90 are reasonably
days necessary for the
accomplishment of the

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1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
 purpose and not unduly (c) The entry must be under warrant
oppressive than or color of legal authority
individuals. (d) The property must be devoted to
public use or otherwise informally
(2) STRICT SCRUTINY TEST appropriated or injuriously
- Focus is on the presence of affected
compelling, rather than (e) The utilization of the property for
substantial, government public use must be in such a way
interest and on the absence of as oust the owner and deprive him
less restrictive means for of beneficial enjoyment of the
achieving that interest. property.

TAXATION Public Use

- Ability to demand from the (1) Any use directly available to the
members of society their general public as a matter of right
proportionate share or and not merely of forbearance or
contribution in the maintenance accommodation
of the government. (2) There will also be public use
- Taxes are the enforced involved even if the expropriated
proportional contributions from property is not actually acquired
persons and property, levied by by the government but is merely
the State by virtue of its devoted to public services
sovereignty, for the support of administered by privately-owned
the government and for all public utilities such as telephone
public needs. or light companies.
(3) Important thing is that any
The SC held that the payment of building member of the general public can
permit fee is a regulatory imposition, and demand, for free or for a fee, the
not a charge on property, and is therefore right to use the converted property
not an imposition from which petitioner is for his direct and personal
exempt. (Angeles University Foundation convenience.
v. City of Angeles, G.R. No. 189999, (4) Broadened to include those that
June 27, 2012) will redound to the indirect
advantage or benefit of the public.
Purposes
(1) Revenue – to provide funds or
property with which the State DYNAMICS AMONG THE BRANCHES
promotes the general welfare and OF GOVERNMENT
protection of its citizens.
(2) Non-Revenue SEPARATION OF POWERS
(a) Regulation The separation of powers is a
(b) Promotion of General Welfare fundamental principle in our system of
(c) Reduction of Social Inequality government. It obtains not through
(d) Promote Economic Growth express provision but actual division in
(e) Protectionism our Constitution. The doctrine declares
that the legislature enacts the law, the
executive implements it, and the judiciary
EMINENT DOMAIN interprets it.
– enables the State to forcibly acquire
property, upon payment of just Each branch is considered separate, co-
compensation, for some intended public equal, coordinate and supreme within its
use. own sphere, under the legal and political
reality of one overarching Constitution
Requisites of Taking in Eminent that governs one government and one
Domain: nation for whose benefit all the three
(a) The expropriator must enter a separate branches must act with unity.
private property Macalintal v Comelec, et al.
(b) The entry must be for more than a
momentary period The principle of separation of powers
prevents the concentration of legislative,

2
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or transmitted in any form or by any means without prior consent from the author. This material is
exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
executive, and judicial powers to a single a. Is complete in itself – setting
branch of government by deftly allocating forth therein the policy to be
their exercise to the three branches of executed, carried out, or
government. implemented by the delegate, and
b. Fixes a standard – the limits of
The principle of separation of powers which are sufficiently determinate
(1) Allows the blending of some of the and determinable – to which the
executive, legislative or judicial delegate must conform in the
powers in one body performance of his functions.
(2) Does not prevent one branch of
government from inquiring into the A sufficient standard test is one which
affairs of the other branches to defines legislative policy, marks its limits,
maintain the balance of power maps out its boundaries and specifies the
(3) But ensures that there is no public agency to apply it. It indicates the
encroachment on matters within circumstances under which the
exclusive jurisdiction of the other legislative command is to be effected.
branches.
LEGISLATIVE DEPARTMENT
SYSTEM OF CHECKS AND NATURE OF LEGISLATIVE POWER
BALANCES
Macalintal v Comelec, et al. DERIVATIVE AND DELEGATED
This Court checks the exercise of power POWER
of the other branches of government
through the power of judicial review. Father Bernas explains that "in
Since then, the Court has used its republican systems, there are generally
expanded power to check the acts of the two kinds of legislative power, original
House of Representatives, the President and derivative. Original legislative power
and even of independent bodies such as is possessed by the sovereign people.
Electoral Tribunal, the Comelec and the Derivative legislative power is that which
Civil Service Commission. has been delegated by the sovereign
people to legislative bodies and is
Congress checks the other branches of subordinate to the original power of the
government primarily through its people." (Garcia, et al., v. COMELEC,
lawmaking powers. Congress can create G.R. No. 111230 September 30, 1994)
administrative agencies, define their
powers and duties and fix the terms of PLENARY CHARACTER
offices and their compensation.
Sec.1, Art. VI. The legislative
power shall be vested in the Congress of
DELEGATION OF POWERS the Philippines which shall consist of a
The rule is that what has been delegated Senate and a House of Representatives,
cannot be delegated or as expressed in except to the extent reserved to the
a Latin maxim – potestas delegata non people by the provision on initiative and
delegari potest. The recognized referendum.
exceptions to the rule are delegation:
(1) Of tariff powers to the President Legislative power is "the authority,
under Sec.28(2) Art VI, 1987 under the Constitution, to make laws, and
Constitution to alter and repeal them." The
(2) Of emergency powers to the Constitution, as the will of the people in
President under Sec.28(3) Art VI, their original, sovereign and unlimited
1987 Constitution capacity, has vested this power in the
(3) To the people at large Congress of the Philippines. The grant of
(4) To local governments legislative power to Congress is broad,
(5) To administrative bodies general and comprehensive. The
legislative body possesses plenary
In every case of permissible delegation, power for all purposes of civil
there must be a showing that the government. Any power, deemed to be
delegation itself is valid. It is valid only if legislative by usage and tradition, is
the law necessarily possessed by Congress,
unless the Constitution has lodged it

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or transmitted in any form or by any means without prior consent from the author. This material is
exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
elsewhere. In fine, except as limited by held that if the title fairly indicates the
the Constitution, either expressly or general subject, and reasonably covers
impliedly, legislative power embraces all all the provisions of the act, and is not
subjects and extends to matters of calculated to mislead the legislature or
general concern or common interest. the people, there is sufficient compliance
[Ople v. Torres, G.R. No. 127685, July 23, with the constitutional requirement.
1998]
The one subject/one title rule
LIMITATIONS expresses the principle that the title of a
a. Substantive Bill of Rights law must not be "so uncertain that the
(1) Sec. 26. Every bill passed by average person reading it would not be
the Congress shall embrace informed of the purpose of the enactment
only one subject which shall be or put on inquiry as to its contents, or
expressed in the title thereof. which is misleading, either in referring to
(2) Sec.28(4). No law granting any or indicating one subject where another
tax exemption shall be passed or different one is really embraced in the
without the concurrence of a act, or in omitting any expression or
majority of all the Members of indication of the real subject or scope of
the Congress the act." Considering the close intimacy
(3) Sec.30. No law shall be between "reproductive health" and
passed increasing the "responsible parenthood" which bears to
appellate jurisdiction of the the attainment of the goal of achieving
Supreme Court as provided in "sustainable human development" as
this Constitution without its stated under its terms, the Court finds no
advice and concurrence. reason to believe that Congress
(4) Sec.31. No law granting a title intentionally sought to deceive the public
of royalty or nobility shall be as to the contents of the assailed
enacted. legislation. (Imbong v. Ochoa, G.R. No.
204819, April 8, 2014)
b. PROCEDURAL – MANNER OF
PASSAGE AND FORM OF BILLS LEGISLATIVE POWER OF THE
PEOPLE THROUGH INITIATIVE AND
Phil Judges Association v. Prado, G.R. REFERENDUM
No. 105371 November 11, 1993
The purposes of the one subject – one THE INITIATIVE AND REFERENDUM
title rule are: ACT
(1) To prevent hodge-podge or log Initiative is the power of the people to
rolling legislation propose amendments to the Constitution
(2) To prevent surprise or fraud or to propose and enact legislations
upon the legislature by means through an election called for the
of provisions in bills of which purpose.
the title gives no intimation,
and which might therefore be There are 3 systems of initiative, namely:
overlooked and carelessly and a. Initative on the Constitution
unintentionally adopted; and which refers to a petition
(3) To fairly apprise the people, proposing amendments to the
through such publication of Constitution
legislative proceedings as is b. Initative on the statutes which
usually made, of the subject refers to a petition proposing to
legislation that is being enact a national legislation and
considered, in order that they c. Initative on the local legislation
may have the opportunity of which refers to a petition
being heard thereon, by proposing to enact a regional,
petition or otherwise, if they provincial, city, municipal or
shall so desire. barangay law, resolution or
ordinance.
The title of the bill is not required
to be an index to the body of the act, or Indirect Initiative – is the exercise of
to be as comprehensive as to cover every initiative by the people through a
single detail of the measure. It has been

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exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
proposition sent to Congress or local (1) natural-born citizen of the
legislative body for action. Philippines
(2) on the day of the election, is at
Referendum – power of the electorate to least 35 years of age
approve or reject a legislation through an (3) able to read and write
election called for a purpose. It may be (4) a registered voter, and
two classes, namely: (5) a resident of the Philippines for not
a. Referendum on Statutes which less than 2 years immediately
refers to a petition to approve or preceding the day of the election.
reject an act of law or part thereof,
passed by Congress HOUSE OF REPRESENTATIVES
b. Referendum on local law which The Members of the House of
refers to a petition to approve or Representatives shall be elected for a
reject a law, resolution or term of 3 years. No Member of the House
ordinance enacted by regional of Representatives shall serve more than
assemblies and local legislative 3 consecutive terms.
bodies.
No person shall be a Member of the
To exercise the power of initiative and House of Representatives unless he is a
referendum, (1) natural-born citizen of the
a. at least ten per centum (10%) of Philippines
the total number of the registered (2) on the day of the election, is at
voters, least 25 years of age
b. of which every legislative district is (3) able to read and write
represented by at lest three per (4) a registered voter in the district in
centum (3%) of the registered which he shall be elected and
voters thereof, (5) a resident thereof for a period of
c. shall sign a petition for the not less than 1 year immediately
purpose and register the same preceding the day of the election.
with the Comelec.

A petition for an Initiative on the 1987 DISTRICT REPRESENTATIVES AND

Constitution must have: MECHANICS OF APPORTIONMENT
a. at least twelve per centum (12%)
of the total number of registered Sec.5(3) requires a 250,000 minimum
voters as signatories population only for a city to be entitled to
b. of which every legislative district a representative, but not so for a
must be represented by at least province.
three per centum (3%) of the
registered voters therein. Population is not the only factor but it’s
just one of several other factors in the
BICAMERAL CONGRESS composition of the additional district.
Sema v Comelec
The office of a legislative district Party-List System
representative to Congress is a Shall constitute 20% of the total number
national office and its occupant, a of representatives including those under
member of the House of the party list.
Representatives, is a national official.
DISCIPLINE OF MEMBERS
SENATE Sec.16(3). Each House may punish its
The Senate shall be composed of 24 Members for disorderly behavior, and
Senators who shall be elected at large by with the concurrence of 2/3 of all its
the qualified voters. The term of office of Members, suspend or expel a Member. A
the Senators shall be 6 years. No penalty of suspension, when imposed,
Senator shall serve more than 2 shall not exceed 60days.
consecutive terms.
PROCESS OF LAW-MAKING
No person shall become a Senator “Every bill shall embrace only one subject
unless he is which shall be expressed in the title.”

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or transmitted in any form or by any means without prior consent from the author. This material is
exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
Limitations on Legislative Power Representatives shall be determined by
a) Limitations on Revenue, law. No increase in said compensation
Appropriations and Tariff shall take effect until after the expiration
of the full term of all the Members of the
SECTION 24. All appropriation, Senate and the House of
revenue or tariff bills, bills Representatives approving such
authorizing increase of the public increase. (Sec. 10, Art. VI)
debt, bills of local application, and
private bills shall originate Freedom from Arrest - A Senator or
exclusively in the House of Member of the House of Representatives
Representatives, but the Senate shall, in all offenses punishable by not
may propose or concur with more than six years imprisonment, be
amendments. privileged from arrest while the Congress
is in session. (Sec. 11, Art. VI)
b) Presidential Veto and Privilege of Speech and Debate - No
Congressional Override Member shall be questioned nor be held
liable in any other place for any speech
SECTION 27. (1) Every bill or debate in the Congress or in any
passed by the Congress shall, committee thereof. (Sec. 11, Art. VI)
before it becomes a law, be - This means that the Senator or
presented to the President. If he Member of the House can still
approves the same, he shall sign be questioned and held liable in
it; otherwise, he shall veto it and Congress.
return the same with his - While the immunity of a
objections to the House where it Member of Congress is
originated, which shall enter the absolute and thus even the
objections at large in its Journal Supreme Court cannot
and proceed to reconsider it. If, discipline a lawyer-senator for
after such reconsideration, two- remarks made against the
thirds of all the Members of such court, it does not shield said
House shall agree to pass the bill, member from the authority of
it shall be sent, together with the Congress to discipline its own
objections, to the other House by members.
which it shall likewise be
reconsidered, and if approved by Disclosure of Financial and Business
two-thirds of all the Members of affairs
that House, it shall become a law. All Members of the Senate and the
In all such cases, the votes of House of Representatives shall, upon
each House shall be determined assumption of office, make a full
by yeas or nays, and the names of disclosure of their financial and business
the Members voting for or against interests. They shall notify the House
shall be entered in its Journal. The concerned of a potential conflict of
President shall communicate his interest that may arise from the filing of a
veto of any bill to the House where proposed legislation of which they are
it originated within thirty days after authors. (Sec. 12, Art. VI)
the date of receipt thereof;
otherwise, it shall become a law INHIBITIONS
as if he had signed it.
1. No Senator or Member of the
The President shall have the House of Representatives may
power to veto any particular item personally appear as counsel
or items in an appropriation, before any court of justice or
revenue, or tariff bill, but the veto before the Electoral Tribunals, or
shall not affect the item or items to quasi-judicial and other
which he does not object. administrative bodies. (Sec.14,
Art. VI)
LEGISLATIVE PRIVILEGES 2. Neither shall he, directly or
indirectly, be interested financially
Salaries - The salaries of Senators and in any contract with, or in any
Members of the House of franchise or special privilege

6
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exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
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 granted by the Government, or POWER OF CONGRESS
any subdivision, agency, or
instrumentality thereof, including Legislative Inquiries and the
any government-owned or Oversight Functions
controlled corporation, or its Congress‘ power of inquiry includes the
subsidiary, during his term of power to compel attendance not only by
office. (Sec.14, Art. VI) each house but also by “any of its
3. He shall not intervene in any respective committees.”
matter before any office of the
Government for his pecuniary NON-LEGISLATIVE
benefit or where he may be called Power of Impeachment
upon to act on account of his Impeachable officers:
office. (Sec.14, Art. VI) (1) President
(2) Vice President
DISQUALIFICATIONS (3) Members of the SC
(4) Ombudsman; and
Incompatible Office - No Senator or (5) Members of the Constitutional
Member of the House of Representatives Commissions. (Sec. 2, Art. XI)
may hold any other office or employment
in the Government, or any subdivision, Grounds for impeachment
agency, or instrumentality thereof, 1. culpable violation of the
including government-owned or Constitution;
controlled corporations or their 2. treason;
subsidiaries, during his term without 3. bribery;
forfeiting his seat. (Sec. 13, Art. VI) 4. graft and corruption
Exception: No forfeiture shall take place 5. other high crimes; or
if the member of Congress holds the 6. betrayal of public trust. (Sec. 2,
other government office in an ex officio Art. XI)
capacity.
Process of Impeachment
Forbidden Office - Neither shall he be - laid down in Art. XI, Sec. 3 of the
appointed to any office which may have Constitution.
been created or the emoluments thereof - Summary:
increased during the term for which he (1) Verified complaint for
was elected. (Sec. 13, Art. VI) impeachment may be filed by
any Member of the HR or by
QUORUM any citizen upon a resolution or
endorsement by any Member
QUORUM; A majority of each House thereof, which shall be
shall constitute a quorum to do business, included in the Order of
but a smaller number may adjourn from Business within 10 session
day to day and may compel the days, and referred to the
attendance of absent Members in such proper Committee within 3
manner, and under such penalties, as session days thereafter.
such House may provide. [Sec. 16(2),
Art. VI] The Committee, after hearing,
and by a majority vote of all its
- The basis in determining the Members, shall submit its
existence of quorum is the total report to the House within 60
number of senators who are in session days from such
the country and within the referral, together with the
coercive jurisdiction of the corresponding resolution.
senate. (Avelino v. Cuenco, 83
Phil. 17[1949]) The resolution shall be
calendared for consideration
by the House within 10 session
days from receipt thereof.

(2) A vote for at least 1/3 of all the

Members if the House shall be

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exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
 necessary either to affirm a ● the power to grant amnesty with the
favorable resolution with the concurrence of Congress;
Articles of Impeachment of the ● the power to contract or guarantee
Committee, or override its foreign
contrary resolution. The vote of loans;
each Member shall be ● the power to enter into treaties or
recorded. international agreements;
● the power to submit the budget to
(3) In case the verified complaint Congress;
or resolution of impeachment ● the power to address Congress [Art.
is filed by at least 1/3 of all the VII, Sec.14-23, 1987 Constitution].
Members of the House, the
same shall constitute the NATURE OF EXECUTIVE POWER
Articles of Impeachment, and
trial by the Senate shall What are the delegated powers of the
forthwith proceed, and President?

(4) The Senate shall have the sole Congress can delegate the following
power to try and decide all powers to the President:
cases of impeachment. When
sitting for that purpose, the 1. Tariff Powers
Senators shall be on oath or The Congress may may by law
affirmation. When the authorize the President to fix
President of the Philippines is within specified limits, and subject
on trial, the Chief Justice of the to such limitations and restrictions
Supreme Court shall preside, as it may impose, tariff rates,
but shall not vote. No person import and export quotas, tonnage
shall be convicted without the and wharfage dues, and other
concurrence of 2/3 of all the duties or imposts, within the
Members of the Senate. framework of the national
(Section 3(6), Article XI, 1987 development program of the
Constitution) Government. (Sec. 28(2), Art. VI,
1987 Constitution)
ARTICLE VII
1987 CONSTITUTION Reason: The necessity, not to say
EXECUTIVE DEPARTMENT expediency, of giving the chief
executive the authority to act
The President is both the head of State immediately on certain matters
and head of the government; hence, affecting the national economy
executive power is exclusively vested in lest delay result in hardship to the
him. (Sec.1, Art. VII 1987 Constitution) people.

The Constitution provides that "the 2. Emergency Powers

executive shall be vested in the President In times of war or other national
of the Philippines." [Art. VII, Sec. 1]. emergency, the Congress may, by
However, it does not define what is law, authorize the President, for a
meant by executive power" although in limited period and subject to such
the same article it touches on the restrictions as it may prescribe, to
exercise of certain powers by the exercise powers necessary and
President: proper to carry out a declared
● the power of control over all executive national policy. Unless sooner
departments, bureaus, and offices; withdrawn by resolution of the
● the power to execute the laws; Congress, such powers shall
● the appointing power; cease upon the next adjournment
● the powers under the commander-in- thereof. (Sec.23(2), Art. VI, 1987
chief Constitution)
clause;
● the power to grant reprieves, Reason: There may be occasions
commutations, wherein the President would be in
and pardons; a better position to respond in a

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 timely manner to emergencies suit is concurrent only with his tenure and
and fast changing developments not his term. (Rodriguez v. GMA, G.R.
that are critical to the welfare, Nos.191805 & 193160, 15 Nov. 2011)
safety or security of the nation.
Subject to restrictions prescribed When a former President cannot be
by the Congress. impleaded

In times of national emergency, Impleading the former President as an

when the public interest so unwilling co-petitioner, for an act she
requires, the State may, during the made in the performance of the functions
emergency and under reasonable of her office, is contrary to the public
terms prescribed by it, temporarily policy against embroiling the President in
take over or direct the operation of suits, “to assure the exercise of
any privately-owned public utility Presidential duties and functions free
or business affected with public from any hindrance or distraction,
interest. (Sec.17, Art. XII, 1987 considering that being the Chief
Constitution) Executive of the Government is a job
that, aside from requiring all of the office
holder’s time, also demands undivided
CONCEPT OF PRESIDENTIAL attention. (Resident Marine Mammals v.
IMMUNITY Reyes, G.R. No. 180771, 21 Apr. 2015)

Is the President immune from suit? Purpose of Presidential Immunity

YES. The President is immune from suit
or from being brought to court during the 1. Separation of powers – viewed
period of his incumbency and tenure. as demanding the executive’s
independence from the judiciary,
Reason: Assures that the President is so that the President should not
free to exercise his Presidential duties be subject to the judiciary’s whim.;
and responsibilities without any and (Almonte, v. Vasquez, G.R.
hindrance or distraction. No. 95367, 23 May 1995)

General Rule: The privilege of immunity 2. Public convenience – The grant

can only be invoked by the President by is to assure the exercise of
virtue of the office, not by any other presidential duties and functions
person on behalf of the President. (De free from any hindrance or
Lima vs Duterte, G.R. No. 227635, 15 distraction, considering that the
Oct. 2019) presidency is a job that, aside
from requiring all of the
CONDUCTS COVERED officeholders’ time, demands
undivided attention. (Soliven v.
Rule on Immunity after Tenure Makasiar, G.R. No. 82585, 14
Once out of office, even before the end of Nov. 1988)
the 6- year term, immunity for non-official
acts is lost. Immunity cannot be claimed NOTE: The immunity of the President
to shield a non-sitting President from from suit is personal to the President. It
prosecution for alleged criminal acts may be invoked only by the President
done while sitting in office. (Estrada v. and not by any other person. Such
Desierto, G.R. Nos. 146710-15, 02 privilege pertains to the President by the
March 2001) virtue of the office and may be invoked
only by the holder of that office, and not
When a non-sitting President is not by any other person in his behalf.
immune from suit for acts committed (Soliven v. Makasiar, ibid.)
during his tenure

A non-sitting President does not enjoy CONCEPT OF EXECUTIVE

immunity from suit, even though the acts PRIVILEGES
were done during his tenure. The intent
of the framers of the Constitution is clear What is a Presidential Privilege?
that the immunity of the president from

9
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1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
It is the power of the President and high- QUALIFICATIONS, ELECTIONS,
level executive branch officers to TERM OF THE PRESIDENT AND
withhold certain types of information from VICE-PRESIDENT, AND RULES ON
Congress, the courts, and ultimately the SUCCESSION
public.
What are the Qualifications of the
What are the Types of Executive President and the Vice-President?
Privilege? 1. Natural-born citizen of the
Philippines
1. Informer’s Privilege – privilege of 2. A registered voter
the government not to disclose the 3. Able to read and write
identity of a person or persons 4. At least 40 years of age on the day
who furnish information on of the election, and
violations of law to offices charged 5. A resident of the Philippines for at
with the enforcement of that law; least 10 years immediately
preceding such election. (Sec.2,
NOTE: The suspect involved need Art. VII, 1987 Constitution)
not be so notorious as to be a
threat to national security for the
privilege to apply in any given Election of the President and Vice-
instance. Otherwise, the privilege President
would be inapplicable in all but the The President and the Vice-President
most high-profile cases, in which shall be elected by direct vote of the
case not only would this be people. (Sec. 4, Art. VII, 1987
contrary to longstanding practice, Constitution)
it would also be highly prejudicial
to law enforcement efforts in
general. Term of Office of the President
1. The President a shall have a
2. State Secret Privilege - term of 6 years which shall
Information is of such nature that begin at noon on the 30th day
its disclosure would subvert of June next following the day of
crucial military or diplomatic the election and shall end at
objectives; noon of the same date, 6 years
thereafter;
3. Generic Privilege - Internal 2. The President shall not be
deliberations involving the eligible for any re-election; and
process of governmental 3. No person who has succeeded
decisions and policies; as President and has served as
such for more than four (4)
4. Presidential Communications years shall be qualified for
Privilege – decision-making of the election to the same office at any
President; time. (Sec. 4, Art. VII, 1987
Constitution)
5. Deliberative Process Privilege –
decision-making of executive
officials (advisory opinions, Term of Office of the Vice-President
recommendations); and (In Re: 1. The Vice President shall have a
Sealed Case No. 96-3124, 17 term of 6 years which shall begin
June 1997) at noon on the 30th day of June
next following the day of the
6. Diplomatic negotiations election and shall end at noon of
privilege – seeks to protect the the same date, 6 years thereafter;
independence in decision-making and
of the President, particularly in its 2. The Vice-President cannot serve
capacity as "the sole organ of the for more than 2 successive
nation in its external relations, and terms.
its sole representative with foreign
nations." (Akbayan v. Aquino, NOTE: The Vice-President may be
G.R. 170516, 16 July 2008) removed from office in the same manner

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exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
 as the President. (Sec. 3, Art. VII, 1987 Rules to be Applied if the Vacancy
Constitution) Occurs During the Incumbency of the
President
Rules to be Applied if There is
Vacancy Before the Term of the
President CAUSE OF EFFECT
VACANCY
CAUSE OF VACANCY EFFECT In case of:
In case of death or The Vice- a. Death The VP shall
permanent disability of President elect b. Permanent become the
the President-elect. shall become Disability; President to serve
President. c. Removal from the unexpired term.
CAUSE OF VACANCY EFFECT office; or
In case of failure to elect The Vice- d. Resignation
the President (e.g., President shall of the President.
Presidential elections act as the
have not been held or President until In case of:
non-completion of the the President a. Death; The Senate President,
canvass of the shall have been b. Permanent or in case of his inability
Presidential elections) chosen and Disability; the Speaker of the
qualified. c. Removal from House of
In case no President The Senate office; Representative shall
and Vice-President shall President, or in d. Resignation of act as President until
have been chosen and case of his both the President the President or Vice
qualified, or where both inability, the and VP. President shall have
shall have died or Speaker of the been elected and
become permanently House of qualified.
disabled. Representatives
shall act as
President until a POWERS OF THE PRESIDENT
President or a [Link] and Administrative
Vice-President Power
shall have been General Executive Power
chosen and This is the power vested in the President
qualified. of the Philippines. (Sec.1, Art. VII, 1987
Constitution)
Congress shall
by law provide The Faithful Execution or “Take Care”
for the manner Clause
in which one The President shall have control of all the
who is to act as executive departments, bureaus, and
President shall offices. He shall ensure that laws be
be selected until faithfully executed. (Sec.17, Art. VII,
a President or a 1987 Constitution).
Vice-President
shall have The law he is supposed to enforce
qualified, in includes the Constitution, statutes,
case of death, judicial decisions, administrative rules
permanent and regulations and municipal
disability or ordinances, as well as treaties entered
inability of the into by the government.
officials.
What are the Specific Powers of the
President?
1. Appointing power; (Sec. 16, Art.
VII, 1987 Constitution)
2. Power of control over all
executive departments, bureaus,
and offices; (Sec. 17, [Link],
1987 Constitution)
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1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
 3. Commander-in-Chief powers; Limitations on the Power of
a. Calling-out power; Appointment
b. Power to place the Philippines The spouse and relatives by
under Martial law; and consanguinity or affinity within the 4th
c. Power to suspend the privilege civil degree of the President shall not,
of the writ of Habeas corpus. during his tenure, be appointed as:
(Sec. 18, Art. VII, 1987 a. Members of the Constitutional
Constitution) Commissions;
4. Pardoning power; (Sec. 19, Art. b. Office of the Ombudsman;
VII, 1987 Constitution) c. Secretaries;
5. Borrowing power; (Sec. 20, Art. d. Undersecretaries; and
VII, 1987Constitution) e. Chairmen or heads of bureaus or
6. Diplomatic/Treaty-making power; offices, including GOCCs and their
(Sec. 21, Art. VII, 1987 subsidiaries. (Sec. 13, Art. VII, 1987
Constitution) Constitution)
7. Budgetary power; (Sec. 22, Art.
VII, 1987 Constitution) NOTE: If the spouse, etc., was already in
8. Informing power; (Sec.23, Art. any of the above offices at the time
VII, 1987 Constitution) before his/her spouse became President,
9. Veto power; (Sec. 27, Art. VI, he/she may continue in office. What is
1987 Constitution) prohibited is appointment and
10. Power of general supervision reappointment, not continuation in office.
over local governments; and They can also be appointed to the
(Sec. 4, Art. X, 1987 Constitution) judiciary and as ambassadors and
11. Power to call special session consuls. (Bernas, 2009)
(Sec. 15, Art. VI, 1987
Constitution)
2.A. PROCESS OF CONFIRMATION
BY THE COMMISSION
Administrative Powers
Power concerned with the work of Appointments where confirmation
applying policies and enforcing orders as of the COA is required
determined by proper governmental 1. Heads of Executive departments
organs. It enables the President to fix Exception: Vice-president may
a uniform standard of administrative be appointed as a member of the
efficiency and check the official conduct Cabinet and such appointment
of his agents. To this end, he can issue requires no confirmation. (Sec.
administrative orders, rules and 3(2), Art. VII, 1987 Constitution)
regulations. (Ople v. Torres, G.R. No.
127685, 23 July 1998) 2. Ambassadors, other public
ministers and consuls– Those
[Link] OF APPOINTMENT connected with the diplomatic
and consular services of the
The selection of an individual who is to country;
exercise the functions of a given office. It
may be made verbally but it is usually 3. Officers of AFP from the rank of
done in writing through what is called the Colonel or naval Captain; and
commission.
NOTE: PNP of equivalent ranks
NOTE: The appointing power of the and the Philippine Coast Guard is
President is executive in nature. While not included.
Congress and the Constitution in certain
cases may prescribe the qualifications for 4. Other officers of the government
particular offices, the determination of whose appointments are vested in
who among those who are qualified will the President in the Constitution
be appointed is the President’s (Sec. 16, Art. VII, 1987
prerogative. (Pimentel v. Ermita, G.R. Constitution) such as:
No. 164978, 13 Oct. 2005) a. Chairmen and members of
the CSC, COMELEC and
COA (Constitutional

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1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
 Commissions) (Sec. 1(2), General Rule: Midnight appointments
Art. IX-B, C, D, 1987 are prohibited.
Constitution)
b. Regular members of the NOTE: The purpose of the prohibition on
Judicial Bar Council. (Sec. midnight appointments is to prevent a
8(2), Art. VIII, 1987 President, whose term is about to end,
Constitution) from preempting his successor by
appointing his own people to sensitive
NOTE: The enumeration is exclusive. It positions. (Velicaria-Garafil v. Office of
cannot be expanded by ordinary the President, G.R. No. 203372, 16 June
legislation; to do so would mean 2015)
legislative constitutional amendment.
(Calderon v. Carale, G.R. No. 91636, 23 Exception: The President may appoint
Apr. 1992) to fill vacancies in the Supreme Court
even during appointment ban, as he is
mandated to fill such vacancy within 90
2.B. BY PASSED APPOINTMENTS days from the occurrence. For the lower
AND THEIR EFFECTS courts, the President shall issue the
appointments within 90 days from the
By-Passed Appointment submission of the list. (De Castro vs JBC,
One that has not been finally acted upon G.R. No. 191002, 17 Mar. 2010)
on the merits by the Commission on
Appointments at the close of the session
of the Congress. (Matibag v. Benipayo, 2.E. RECESS OF AD-INTERIM
G.R. No. 149036, 02 Apr. 2002) APPOINTMENTS

Ad-interim Appointments
Limitation as to the Number of Times Power of the President to make
the Commission on Appointments appointments during the recess of
Can Review the President’s Re- Congress, but such appointments shall
Appointment of By-Passed Appointee be effective only until disapproval by the
Commission on Appointments or until the
A nomination or appointment which has next adjournment of the Congress.
been bypassed three (3) times shall be (Matibag v. Benipayo, G.R. No. 149036,
reported out by the standing committee 02 Apr. 2002)
concerned to the commission for its
appropriate action in the next plenary NOTE: The Electoral Tribunal and the
session, provided that no member shall Commission on Appointments shall be
be allowed to invoke the suspension of constituted within 30 days after the
the consideration of the appointment in Senate and the House of
this regard. (Sec. 25, The New Rules Representatives shall have been
of the Commission on Appointments) organized with the election of the Senate
President and the Speaker of the House.
(Matibag v. Benipayo, ibid.)
2.C. APPOINTMENTS BY AN ACTING
PRESIDENT
Purpose of Ad- Interim Appointment
Appointments extended by an Acting Ad interim appointments are intended to
President shall remain effective, unless prevent a hiatus in the discharge of
revoked by the elected President, within official duties. Obviously, the public office
90 days from his assumption or re- would be immobilized to the prejudice of
assumption of office. (Sec. 15, Art. VII, the people if the President had to wait for
1987Constitution) Congress and the Commission of
Appointments to reconvene before he
could fill a vacancy occurring during the
2.D. SCOPE OF MIDNIGHT recess. (Guevara v. Inocentes, G.R. No.
APPOINTMENTS L- 25577, 15 Mar. 1966)

Midnight Appointments
Nature of Ad-Interim Appointment

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Ad interim appointments are permanent NOTE: It would appear though that
appointments. It is permanent because it doctrine of qualified political agency
takes effect immediately and can no would not be applicable to acts of cabinet
longer be withdrawn by the President secretaries done in their capacity as ex-
once the appointee qualified into office. officio board directors of a GOCC of
The fact that it is subject to confirmation which they become a member not by
by the Commission on Appointments appointment of the President but by
does not alter its permanent character. authority of law. (Trade and Investment
(Matibag v. Benipayo, ibid,) Development Corporation of the
Philippines v. Manalang-Demigillo, G.R.
Nos. 168613 & 185571, 05 Mar. 2013)
2.F. POWER OF REMOVAL
Power of Removal Essence of the Alter Ego Doctrine
General Rule: From the express power Since the President is a busy man, he is
of appointment, the President derives the not expected to exercise the totality of his
implied power of removal. power of control all the time. He is not
expected to exercise all his powers in
Exception: Not all officials appointed by person. He is expected to delegate some
the President are also removable by him of them to men of his confidence,
since the Constitution prescribes certain particularly to members of his Cabinet.
methods for the separation from the
public service of such officers. (e.g.,
those that can only be removed by 4. EMERGENCY POWERS
impeachment) In times of war or other national
emergency, the Congress may by law
NOTE: The President is without any authorize the President, for a limited
power to remove elected local officials period and subject to such restrictions as
since the power is exclusively provided in it may prescribe, to exercise powers
the last paragraph of Sec. 60, necessary and proper to carry out a
Local Government Code. declared national policy. Unless sooner
withdrawn by resolution of the Congress,
such powers shall cease upon its next
3. POWER OF CONTROL AND adjournment. (Sec. 23(2), Art. VI, 1987
SUPERVISION Constitution)
The President shall have control of all
executive departments, bureaus and
offices. (Sec. 17, Art. VII, 1987 NOTE: The declaration of a state of
Constitution) emergency is merely a description of a
situation which authorizes the President
3.A. DOCTRINE OF QUALIFIED to call out the Armed Forces to help the
POLITICAL AGENCY police maintain law and order. It gives no
new power to her, nor to the police.
“Doctrine of Qualified Political Certainly, it does not authorize
Agency” or “Alter Ego Principle” warrantless arrests or control of media.
The acts of the secretaries of the (David v. GMA, G.R. No. 171409, 03 May
Executive departments performed and 2006)
promulgated in the regular course of
business are presumptively the acts of
the Chief Executive. (Villena v. Sec. of Conditions for the vesture of
the Interior, G.R. No. L-46570, 21 Apr. emergency powers in the President:
1939)
1. There must be war or national
Exceptions to the Alter Ego Doctrine emergency;
1. If the acts are disapproved or 2. The delegation must be for a
reprobated by the President; and limited period only;
2. If the President is required to act in 3. The delegation must be subject to
person by aw or by the Constitution. e.g. such restrictions as the Congress
executive clemency may prescribe; and

14
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or transmitted in any form or by any means without prior consent from the author. This material is
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1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
4. The emergency powers must be
exercised to carry out a national The Constitution does not require the
policy declared by Congress. President to declare a state of rebellion
to exercise her calling out power. Sec.
NOTE: Conferment of emergency 18, Art. VII grants the President, as
powers on the President is not Commander-in-Chief a “sequence” of
mandatory on the Congress. “graduated powers.” (Sanlakas v.
Executive Secretary, G.R. No.
In times of national emergency, when the 159085, 03 Feb. 2004)
public interest so requires, the State may,
during the emergency and under
reasonable terms prescribed by it, 5.B. DECLARATION OF MARTIAL
temporarily take over or direct the LAW AND THE SUSPENSION OF THE
operation of any privately-owned public PRIVILEGE OF THE WRIT OF HABEAS
utility or business affected with public CORPUS (INCLUDING EXTENSION OF
interest. (Sec. 17, Art. VII, 1987 PERIOD)
Constitution)
Nature of Martial Law
While the President alone can declare a Martial law is a joint power of the
state of national emergency, he may not President and the Congress. Thus:
invoke his provision to authorize him
during the emergency “to temporarily 1. The President’s proclamation or
take over or direct the operation of suspension is temporary, good for
any privately owned utility or business only 60 days;
affected with public interest without
authority from Congress... without 2. He must, within 48 hours of the
legislation, he has no power to take over proclamation or suspension, report
privately-owned public utility or business on the reason for his action in person
affected with public interest. In short, the or in writing to Congress;
President has no absolute authority to
exercise all the powers of the State under 3. Both houses of Congress, if not in
Sec. 17, Art. XII in the absence of session must jointly convene within
an emergency powers act passed by 24 hours of the proclamation or
Congress.”(David v. GMA, G.R. No. suspension for the purpose of
171409, 03 May 2006) reviewing its validity; and

4. The Congress, voting jointly, may

5. COMMANDER-IN-CHIEF revoke or affirm the President’s
POWERS proclamation or suspension, allow
their limited effectivity to lapse, or
Scope of the President’s extend the same if Congress deems
Commander-in-Chief Powers warranted.
Absolute authority over the persons and
actions of the members of the armed Guidelines in the Declaration of
forces. Martial Law
1. There must be an invasion or
The President as Commander-in-Chief rebellion
can prevent the Army General from
appearing in a legislative investigation 2. Public safety requires the
and, if disobeyed, can subject him to proclamation of martial law all
court martial. (Gudani v. Senga, G.R. No. over the Philippines or any part
170165, 15 Aug. 2006) thereof;

5.A. CALLING OUT POWERS 3. Duration: Not more than 60 days

Calling Out Power of the President following which it shall be
Call the armed forces to prevent or automatically lifted unless
suppress lawless violence, invasion, or extended by the Congress;
rebellion. The only criterion for the
exercise of this power is that whenever it
becomes necessary.

15
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or transmitted in any form or by any means without prior consent from the author. This material is
exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
 4. Duty of the President to report to 1. Lifting by the President himself;
the Congress within 48 hours 2. Revocation by Congress
personally or in writing; 3. Nullification by the Supreme
Court;
5. Authority of Congress to affirm or 4. By operation of law after 60 days
revoke or allow the lapse or
extend the effectivity of
proclamation: by majority vote of
all its members voting jointly; and 6. PARDONING POWERS

6. Judicial review application: the As an executive function, the grant of

present constitution recognizes clemency is discretionary, and may not
the authority of citizens to be controlled by the legislature as to limit
question the factual basis for the the effects of the President’s pardon, or
declaration of Martial law, vesting to exclude from its scope any class of
the SC with the authority to decide offenders. Also, the Courts may not
on the case within 30 days of its inquire into the wisdom or
filing. reasonableness of any pardon granted
by the President, or have it reversed,
NOTE: Once revoked by Congress, the save only when it contravenes its
President cannot set aside the limitations. It includes both criminal
revocation. and administrative cases. (Cruz, 2014)

Scope and Limitations

Limitations on the Declaration of
Martial Law Pardon
1. It does not suspend the operation An act of grace, which exempts the
of the Constitution; individual on whom it is bestowed from
punishment, which the law inflicts for a
2. It does not supplant the crime he has committed. As a
functioning of the civil courts or consequence, pardon granted after
legislative assemblies; conviction frees the individual from all the
penalties and legal disabilities and
3. It does not authorize conferment restores him to all his civil rights.
of jurisdiction over civilians where But unless expressly grounded on the
civil courts are able to function; person’s innocence (which is rare), it
cannot bring back lost reputation for
4. It does not automatically suspend honesty, integrity and fair dealing.
the privilege of the writ of habeas (Monsanto v. Factoran, G.R. No. 78239,
corpus; and (Sec. 18(4), Art. VII, 09 Feb. 1989)
1987 Constitution)
Purpose of Pardon
5. The right to bail shall not be To relieve the harshness of the law or
impaired even when the privilege correcting mistakes in the administration
of the writ of habeas corpus. of justice. The power of executive
(Sec.13, Art. III, 1987 clemency is a non-delegable power and
Constitution) must be exercised by the President
personally.
NOTE: When martial law is declared, no
new powers are given to the President; Pardon does not ipso facto restore
no extension of arbitrary authority is Former Office and his Rights and
recognized; no civil rights of individuals Privileges
are suspended. The relation of the Pardon does not ipso facto restore a
citizens to their State is unchanged. The convicted felon neither to his former
Supreme Court cannot rule upon the public office nor to his rights and
correctness of the President’s actions but privileges, which were necessarily
only upon its arbitrariness. (Cruz, 2014) relinquished or forfeited by reason of the
conviction although such pardon
Ways to Lift the Proclamation of undoubtedly restores his eligibility to
Martial Law

16
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exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
1 and 2) currently enrolled in POS 064 A.Y. 2023-2024.
that office (Monsanto v. Factoran, G.R. As to concurrence of Congress
No. 78239, 09 Feb. 1989). Requires Does not require
concurrence of concurrence of
Parole majority of all Congress.
Release from imprisonment but without members of
full restoration of liberty, as a parolee is Congress.
still in the custody of the law although not Nature of the act
in confinement. (Nachura, 2014) Public act which Private act which
the court may must be pleaded
take judicial and proved.
PAROLE PARDON notice of.
As to effect on the convict As to perspective
Release of a convict Looks backward Looks forward and
from imprisonment Release of convict and puts to relieves the
and is not a from conviction. oblivion the offender of the
restoration of his offense itself. consequence of the
liberty. (Stands before offense
the law as if (Abolishes/Forgives
As to nature there is no the offense)
In custody of the law Sentence is offense
but no longer under condoned, subject committed)
confinement. to reinstatement in When granted
case of violation of May be granted Only granted after
the condition that before or after conviction by final
may have been conviction. judgment.
attached to the As to acceptance
pardon. Need not be Must be accepted.
accepted.

Amnesty
Act of grace, concurred by the -Sources
legislature, usually extended to groups of Outline Reviewer in Political Law by
persons who committed political Antonio E.B. Nachura
offenses, which puts into oblivion the
offense itself. (Nachura, 2014) UST Golden Notes Political Law Review

This is usually addressed to crimes

against the sovereignty of the State, to
political offences, for forgiveness being
deemed more expedient for the public
welfare than prosecution and
punishment. This is usually generally
addressed to classes or even
communities of persons either after
conviction or before a charge is filed.
Under the Constitution, this may be
granted by the President only with the
concurrence by a majority of all the
members of Congress. (Cruz, 2014)

AMNESTY PARDON
Nature of the offense
Addressed to Addressed to
political ordinary offenses.
offenses.
As to whom granted
Granted to a Granted to
class of persons. individuals.
17
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or transmitted in any form or by any means without prior consent from the author. This material is
exclusively for the use of PHINMA-University of Pangasinan 2nd Year Political Science Students (Block
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