Chapter 4

Doctrine of State Immunity

“The State may not be sued without its consent”

Doctrine of Non-Suability – any formal conception or obsolete theory ut

on the logical and practical ground that there can be no legal right
against the authority which makes the law on which the right depends

Jure imperii – restrictd to sovereign or governmental activities

Jure gestionis – the mantle of state immunity cannot be extended to

commercial, private, and proprietary acts

The state may be sued if

a. The contract is commercial in nature
b. When it enters business contracts

Waiver of Immunity
 The state may be sued if it gives its consent

Forms of Consent
1. Express Consent – may be manifested either through general law or
a special law
2. Implied Consent – is given when the state itself commences
litigation and when it enters into a contract

Act No. 3083 – “the Government of the Philippine Islands

hereby consents and submits to be sued upon any moneyed
claim involving liability arising from contract, express or
implied, which could serve as a basis of civil action between
private parties

PD 1445 – a claim against the government must first be filed

with the COA (must act upon it within 60 days) – rejection will
authorize the claimant to elevate to the Supreme Court on
certiorari – sue the state with its consent

The doctrine of sovereign immunity cannot be successfully invoked

to defeat a valid claim for compensation arising from the taking
without just compensation and without proper expropriation
proceedings being first restored to of the plaintiff’s property.

Suits against government agencies

 Incorporated agency – has a charter of its own that invests it with a
separate juridical personality; Eg. SSS, UP, City of Manila
Unincorporated agency – has no separate juridical personality; Eg.
DOJ, Bureau of Mines, and Government Printing Office

 If incorporated agency = the test of suability is found in its

charter
 If unincorporated agency = determine whether proprietary
(suable) or governmental (non suable)

Exemption from Legal Requirements

A GOCC that is sued in relation to its governmental functions ay be, under

appropriate circumstances, exempted from payment of appeal fees.

Suability vs. Liability

a. Suability – depends on the state’s consent to be sued

b. Liability – is determined after hearing on the basis of relevant laws
and the established facts

Chapter 5
Fundamental Principles and Policies

ARTICLE II
Declaration of Principles and State Policies

A. Preamble – purpose is to introduce the Constitution

“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.”

B. Republicanism and Democracy

ART 2 SECTION 1. The Philippines is a democratic and republican

State. Sovereignty resides in the people and all government
authority emanates from them.
Democracy – government by people

Republic – is a representative government run by and for the people

The essence of replabicanism is representation and renovation.

Government at all times are accountable to the people

Rule of the Majority – the greater number of people

Senate President and Speaker are elected by majority vote of all the
members of their respective houses

C. Incorporation Clause

ART 2 SECTION 2. The Philippines renounces war as an

instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation,
and amity with all nations.

ART 2 SECTION 7. The State shall pursue an independent

foreign policy. In its relations with other states the paramount
consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.

International law can become part of the sphere of domestic law

either by transformation or incorporation.

a. Transformation – international undergoes constitutional

mechanism like local legislation
b. Incorporation – applies by mere constitutional declaration;
international law is deemed to have the force of domestic law

Kuroda vs Jalandoni – challenged the jurisdiction of the military

commission; contended that Philippines is not part of the Hague
Convention

Agustin vs Edu – challenged the constitutionality of LOI – early

warning devices for all vehicles

Co Kim Chan vs. Valdez Tan Keh – Mac Arthur Proclamation

Inchong vs. Hernandez – invalidation of the Retail Trade

Nationalization Act
 Gonzales vs. Hechanova – municipal law was upheld as against
international law

D. Civilian Supremacy and Role of the Military

ART 2 SECTION 3. Civilian authority is, at all times, supreme

over the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure the
sovereignty of the State and the integrity of the national
territory.

President of the Republic of the Philippines – a civilian official, is the

commander in chief of all armed forces of the Philippines.

E. Defense of the State

ART 2 SECTION 4. The prime duty of the Government is to serve

and protect the people. The Government may call upon the people
to defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal
military or civil service.

ART 16 SECTION 4. The Armed Forces of the Philippines shall

be composed of a citizen armed force which shall undergo
military training and serve, as may be provided by law. It shall keep
a regular force necessary for the security of the State.

People vs. Lagman; People vs. Zosa, 38 O.G. 1676

F. Independent Foreign Policy

ART 2 SECTION 7. The State shall pursue an independent

foreign policy. In its relations with other states the paramount
consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.

G. Freedom from Nuclear Weapons

ART 2 SECTION 8. The Philippines, consistent with the national

interest, adopts and pursues a policy of freedom from nuclear
weapons in its territory.

H. Social Order and Social Justice

 SECTION 9. The State shall promote a just and dynamic social
order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a
rising standard of living, and an improved quality of life for all.

SECTION 10. The State shall promote social justice in all phases
of national development.

SECTION 11. The State values the dignity of every human person
and guarantees full respect for human rights.

SECTION 18. The State affirms labor as a primary social

economic force. It shall protect the rights of workers and
promote their welfare.

SECTION 21. The State shall promote comprehensive rural

development and agrarian reform.

Social Justice
– is the humanization of laws and the equalization of scoai; and
economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated.
– promotion of welfare of the people, the adoption by the government of
measures calculated to insure economic stability of all the
component elements of society..

I. Rearing of Youth

ART 2 SECTION 12. The State recognizes the sanctity of family

life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of
the mother and the life of the unborn from conception. The natural
and primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive
the support of the Government.

J. Right to Balance Ecology

ART 2 SECTION 15. The State shall protect and promote the right
to health of the people and instill health consciousness among
them.
 ART 2 SECTION 16. The State shall protect and advance the right
of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature.

K. National Economy

ART 2 SECTION 19. The State shall develop a self-reliant and

independent national economy effectively controlled by
Filipinos.

ART 2 SECTION 20. The State recognizes the indispensable role of

the private sector, encourages private enterprise, and provides
incentives to needed investments.

ART 2 SECTION 21. The State shall promote comprehensive rural

development and agrarian reform.

Chapter 6
Separation of Powers

The Doctrine of Separation of Powers – the 3 branches discharge their

respective functions within the limits of authority conferred by the
constitution

“Neither the Congress, the President, nor the Judiciary may encroach on
fields allocated to other branches of government.”

Purposes:

 Prevent concentration of authority in one person or group of persons

that might lead to an irreversible error or abuse in its exercise to the
detriment of our republican institutions.

 Intended to secure action, to forestall over-action, to prevent

despotism, and to obtain efficiency.

1. Legislature – limited to enactment of laws and may not enforce

or apply them
2. Executive – enforcement of laws and may not enact or apply
them
3. Judiciary – the application of laws and may not enact or enforce
them
Blending of Powers
Powers are not confined exclusively within one department but are in
fact assigned to or shared by several departments

Checks and Balances

One department is allowed to resist encroachment upon its
prerogatives or to rectify mistakes or excesses committed by the other
departments.

The Role of the Judiciary - determine whether a given power has been
valid exercised by a particular department, the test applied is not
necessarily or always in the nature of power.

Angara vs. Electoral Commission

Justiciable and Political Questions

Political Question
– is a question of policy
– questions to be decided by the people in their sovereign capacity
– concerned with issues dependent upon the wisdom, not legality, of a
particular measure

Political Questions under the New Constitution

Judicial Power – includes the duty to determine whether or not there

has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the
Government

Judicial Review
– power of the court to settle actual controversies involving rights that
are legally demandable and enforceable
– determine whether or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of government

Chapter 7
Delegation of Powers
Principle of Non Delegation of Powers – what has been delegated
cannot be delegated

Permissible Delegation

1. Delegation of tariff powers to the President

2. Delegation of emergency powers to the president

 There must be war or other national emergency
 The delegation must be for a limted period only
 The delegation must be subject to such restrictions as the
Congress may prescribe
 The emergency powers must be exercised to carry out a
national policy declared by the congress

3. Delegation to the people at large

Referendum – method of submitting an important legislative

measure to a direct vote of the whole people.

Eg. RA 6735

4. Delegation to local governments

Local legislatures are more knowledgable than the national

lawmaking body on matters of purely local concern

Eg. RA 7160

5. Delegation to administrative bodies

Power of subordinate legislation

Tests of Delegation

A. The Completeness Test – the law must be complete in all its

essential terms and conditions when it leaves the legislature so
that there will be nothing left to delegate to do when it reaches him
except enforce it.

B. The Sufficient Standard Test – to map out the boundaries of the

delegate’s authority by defining the legislative policy and
indicating the circumstances under which it is to be pursued and
 effected. It prevents a total transference of legislative power from the
lawmaking body to the delegate

Chapter 8
Legislative Department

ART 6 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.

The Senate

Composition

SECTION 2. The Senate shall be composed of twenty-four (24)

Senators who shall be elected at large by the qualified voters
of the Philippines, as may be provided by law.

Qualifications

SECTION 3. No person shall be a Senator unless he is a

natural-born citizen of the Philippines, and, on the day of the
election, is at least thirty-five years of age, able to read and
write, a registered voter, and a resident of the Philippines
for not less than two (2) years immediately preceding the day
of the election.

Residence – place where one habitually resides and to

which , when he is absent, he has the intention in
returning

Domicile – denotes a fixed permanent residence to which,

whenerver absent for business, pleasure, and some other
reasons, one intends to return

Term of Office

SECTION 4. The term of office of the Senators shall be

six years and shall commence, unless otherwise provided
by law, at noon on the thirtieth day of June next
following their election.
 No Senator shall serve for more than two (2)
consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of his service for the full
term for which he was elected.

The House of Representatives

Composition

SECTION 5. (1) The House of Representatives shall be composed of

not more than two hundred and fifty members, unless otherwise
fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and
those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or
organizations.

(2) The party-list representatives shall constitute twenty per

centum of the total number of representatives including those
under the party list. For three consecutive terms after the ratification
of this Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable,

contiguous, compact and adjacent territory. Each city with a
population of at least two hundred fifty thousand (250,000), or
each province, shall have at least one representative.

(4) Within three years following the return of every census, the
Congress shall make a reapportionment of legislative districts based
on the standards provided in this section.

Party-List Representatice

“… shall be elected through a party-list system of registered

national, regional, and sectoral parties or organizations.
 Marginalized / Underrepresented – labor, peaant , fishfollk,
uran poor, indigenous cultural communities, handicapped,
veterans, and overseas workers

Lack well-defined constituencies – professionals, elderly,

women, and youth

Not lather than 45 days before the election

Qualifications

SECTION 6. No person shall be a Member of the House of

Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least twenty-five
(25) years of age, able to read and write, and, except the party-list
representatives, a registered voter in the district in which he shall
be elected, and a resident thereof for a period of not less than
one year immediately preceding the day of the election.

Suffrage Requirements
 At least 18 years old
 1 year resident of the Philippines

Term of Office

SECTION 7. The Members of the House of Representatives shall be

elected for a term of three (3) years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of June next
following their election.

No member of the House of Representatives shall serve for more

than three (3) consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption
in the continuity of his service for the full term for which he was
elected.

Election

SECTION 9. In case of vacancy in the Senate or in the House of

Representatives, a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall serve
only for the unexpired term.
Salaries

SECTION 10. The salaries of Senators and Members of the House of

Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full
term of all the Members of the Senate and the House of
Representatives approving such increase.

SECTION 20. The records and books of accounts of the Congress

shall be preserved and be open to the public in accordance with
law, and such books shall be audited by the Commission on Audit
which shall publish annually an itemized list of amounts paid to and
expenses incurred for each Member.

Parliamentary Immunity

SECTION 11. A Senator or Member of the House of Representatives

shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in
session. No Member shall be questioned nor be held liable in any
other place for any speech or debate in the Congress or in any
committee thereof.

Kinds of Immunity

1. Immunity from Arrest – ensure the representation of the

constituents of the member of the Congress by preventing
attempts to keep him from attending its session

2. Privilege Speech and Debate – enables the legislator to

express views bearing upon the public interest without fear of
accountability outside the halls of legislature for his inability to
support his statements with the usual evidence required in the
court of justice.

Conflict of Interest

SECTION 12. All Members of the Senate and the House of

Representatives shall, upon assumption of office, make a full
disclosure of their financial and business interests. They shall
notify the House concerned of a potential conflict of interest that may
arise from the filing of a proposed legislation of which they are
authors.

Incompatible and Forbidden Offices

 SECTION 13. No Senator or Member of the House of Representatives
may hold any other office or employment in the Government, or
any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was
elected.

Inhibitions and Disqualifications

SECTION 14. No Senator or Member of the House of Representatives

may personally appear as counsel before any court of justice or
before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or
special privilege granted by the Government, or any subdivision,
agency, or instrumentality thereof, including any government-owned
or controlled corporation, or its subsidiary, during his term of office.
He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called upon
to act on account of his office.

Sessions

SECTION 15. The Congress shall convene once every year on the
fourth Monday of July for its regular session, unless a different
date is fixed by law, and shall continue to be in session for such
number of days as it may determine until thirty days before the
opening of its next regular session, exclusive of Saturdays, Sundays,
and legal holidays. The President may call a special session at any
time.

Officers

SECTION 16. (1) The Senate shall elect its President and the House
of Representatives its Speaker, by a majority vote of all its respective
Members.

Each House shall choose such other officers as it may deem

necessary.

Quorum
It is defined as any number sufficient to transact business which may
be less than the majority of the membership.
Discipline of Members

(3) Each House may determine the rules of its proceedings,

punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or expel
a Member. A penalty of suspension, when imposed, shall not exceed
sixty days.

Journals – are a record of what is done and past in a legislative assembly

(4) Each House shall keep a Journal of its proceedings, and from time
to time publish the same, excepting such parts as may, in its
judgment, affect national security; and the yeas and nays on any
question shall, at the request of one-fifth of the Members present, be
entered in the Journal.

Each House shall also keep a Record of its proceedings.

Enrolled Bill – introduced and finally passed both houses, signed by

the proper officers of each, approved by the president, and filed by
the secretary of state.

Adjournment

(5) Neither House during the sessions of the Congress shall,

without the consent of the other, adjourn for more than three days,
nor to any other place than that in which the two Houses shall
be sitting.

Electoral Tribunals

SECTION 17. The Senate and the House of Representatives shall

each have an Electoral Tribunal which shall be the sole judge of all
contests relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme Court
to be designated by the Chief Justice, and the remaining six shall be
Members of the Senate or the House of Representatives, as the case
may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or
organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its
Chairman.
The Commission of Appointments

SECTION 18. There shall be a Commission on Appointments

consisting of the President of the Senate, as ex officio Chairman,
twelve Senators and twelve Members of the House of
Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or organizations
registered under the party-list system represented therein. The
Chairman of the Commission shall not vote, except in case of a
tie. The Commission shall act on all appointments submitted to it
within thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.

Organization

SECTION 19. The Electoral Tribunals and the Commission on

Appointments shall be constituted within thirty days after the Senate
and the House of Representatives shall have been organized with
the election of the President and the Speaker. The Commission
on Appointments shall meet only while the Congress is in session, at
the call of its Chairman or a majority of all its Members, to discharge
such powers and functions as are herein conferred upon it.

Chapter 9
Powers of Congress

Expressed Powers – derived from the Constitution

1. Legislative Powers – appropriation, taxation, and expropriation

2. Non-Legislative Powers – canvas the presidential election, to

declare the existence of a state of war, to give concurrence to treaties
and amnesties, to propose constitutional amendments, and to impeach

Implied Powers
 Power to punish contempt in legislative investigations
 Determination of its rules of proceedings
 Discipline its members

LEGISLATIVE POWER – the power of lawmaking, framing, and enactment

of laws
Statute – the written will of the legislature, solemnly expressed according
to the forms necessary to constitute it the law of the state

Procedure
a. Bill is introduced either by Senate or House of Representatives
b. 1st Reading – number and title
c. Referral of Senate President or Speaker to the appropriate committee
d. Public Hearings
e. 2nd Reading – read its entirety, scrutinized, and debated
f. Once approved, the Bill will be printed and distributed 3 days before
the 3rd reading
g. 3rd Reading – the members merely register their votes
h. Sent to other chamber for the same process
i. Bicameral Conference – ratification of both upper and lower chamber
j. Submission to the President for approval

Origin of the Bill

1. Appropriation Bill – one the primary a specific purpose of which is to

athorize the release of funds from public treasury

2. Revenue Bill – one that levies taxes and raises funds for he
government

3. Tariff Bill – specifies the rates and duties imposed on imported articles

Prohibited Measures

Bills that impair the doctrine of separation of powers

a. Providing for the appointment of elective officers
b. No law granting a title of royalty or nobility shall be enacted
c. No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence

Title of Bills

“Every bill passed by the Congress shall embrace only one

subject, which shall be expressed in the title thereof”

Purpose:

1. Prevent hodgepodge or log-rolling legislation, which is defined

as any act containing several subjects dealing with unrelated
 matters representing diverse interest, the main object of such
combination being to unite the members of the legislature who favor
anyone of the subjects in support of the whole act

2. Prevent surprise or fraud upon the legislature

3. Fairly apprise the people, through such publictions of its

roceeding as are susually made, of the subjects of legislation that are
being considered in order that they may have the opportunity of
being heard thereon, by petition or otherwise, if they should so
desire.

Purpose of Certificate of Urgency

 Meeting a public calamity
 Meeting a public emergency

Conference Committee – method of compromising differences

between their respective versions of a bill or joint resolution

Approval of Bills

SECTION 27. (1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto it and return the same
with his objections to the House where it originated, which shall enter
the objections at large in its Journal and proceed to reconsider it. If,
after such reconsideration, two-thirds of all the Members of such
House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of that
House, it shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal. The
President shall communicate his veto of any bill to the House
where it originated within thirty days after the date of receipt
thereof; otherwise, it shall become a law as if he had signed it.

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

1. When the President signs it

2. When the President vetoes it but the veto is overridden by 2/3 vote of
all members of each house
 3. When the President does not act upon the measure within 30 days
after it has been presented to him.

Bases of Congressional Oversight

To monitor bureaucratic complance with the program objectives
To determine whether agencies are properly administered
To eliminate executive waste and dishonesty
To prevent executive usurpation of legislative authority
To assess executive conformity with the congressional perception of public
interest

3 Categories of Oversight Functions

1. Scrutiny – determines economy and efficiency of the operation of
government activities
2. Investigation – involves a more intense digging of facts
3. Supervision – continuing and informed awareness of the part of
congressional committee regarding executive operations in a given
administrative area

Legislative Inquiries

SECTION 21. The Senate or the House of Representatives or any of its

respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of persons
appearing in or affected by such inquiries shall be respected.

The Power of Appropriation

SECTION 29. (1) No money shall be paid out of the Treasury

except in pursuance of an appropriation made by law.

Appropriation Measure – a statute the primary and specific purpose of

which is to authorize the release f public funds from the treasury

General Appropriations Law – passed annually is intended to

provide for the financial operations of the entire government during
one fiscal period

Special Appropriation Law – is designed for specific purpose; Eg.

funds for typhoon victims

Implied Limitations
a. Public funds to be used in private matters
b. Amount to be released must be determinate or at least determinable

Constitutional Limitations
 a. It should originate from the house of representatives
b. Following the provision about the use of discretionary funds
c. Reduction is not permitted when it comes to the appropriations for
judiciary

Appropriations for Sectarian Purposes

(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.

Automatic Reappropriation

If by the end of any fiscal year, Congress failed to pass the

General Appropriations Bill (GAB) for the ensuing year, the General
Appropriations Act (GAA) for the preceding year shall be deemed
reenacted and shall remain in force and in effect until the GAB
is passed by Congress.

Special Funds

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.

The Power of Taxation

SECTION 28. (1) The rule of taxation shall be uniform and

equitable. The Congress shall evolve a progressive system of
taxation.

1. Persons or things belonging to the same class shall be taxed at

the same rate
2. Tax burden must be imposed according to the taxpayer’s
capacity to pay

(3) Charitable institutions, churches and parsonages or convents

appurtenant thereto, mosques, non-profit cemeteries, and all lands,
buildings, and improvements, actually, directly, and exclusively used
 for religious, charitable, or educational purposes shall be exempt
from taxation.

4) No law granting any tax exemption shall be passed without

the concurrence of a majority of all the Members of the
Congress.

Tax Amnesty
– is a general pardon or the intentional overlooking by the state of its
authority to impose penalties on person otherwise guilty of violation of tax
law.
– an absolute waiver by the government of its right to collect what is due it
and to give tax evaders who wish to relent a chance to start with a clean
plae

The Power of Concurrence

ART 7 SECTION 21. No treaty or international agreement shall be

valid and effective unless concurred in by at least two-thirds of all
the Members of the Senate.

The War Powers

ART 7 SECTION 23. (1) The Congress, by a vote of two-thirds of both

Houses in joint session assembled, voting separately, shall have the
sole power to declare the existence of a state of war.

The power of the sword and the power of the purse must
be exercised together

Referendum and Initiative

SECTION 32. The Congress shall, as early as possible, provide for a

system of initiative and referendum, and the exceptions
therefrom, whereby the people can directly propose and enact laws or
approve or reject any act or law or part thereof passed by the
Congress or local legislative body after the registration of a petition
therefor signed by at least ten per centum of the total number of
registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters
thereof.
Initiative
– power of the people to propose bills and laws, and to enact or
reject them at the polls, independent of the legislative assembly.
 – power of the people to propose amendments to the constitution
and to propose and enact legislation through an election called
for the purpose

1) Initiative on the Constitution – a petition proposing

amendments to the constitution
2) Initiative on Statute – a petition proposing to enact a
national legislation
3) Initiative on Local Legislation – a petition proposing to
enact a regional, provincial, city, municipal, or barangay law,
ordinance, or resolution

Referendum
– is understood to be the right reserved to the people to adopt or
reject any act or measure which has been passed by the legislative
body and which in most cases would without action on the part of
the electors become a law.
– power of the electorate to approve or reject a legislation
through an election called for the purpose

1) Referendum of statutes – petition to approve or reject an act

or law, or a pert thereof, passed by congress
2) Referendum on local law – petition to approve or reject a
law, resolution, or ordinance enacted by regional assemblies
and local legislative bodies

10% – region, province, or city

3% – district

Chapter 10
The Executive Department

Executive Power

SECTION 1. The executive power shall be vested in the President

of the Philippines.

Qualifications

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 (45) of age on the day of the
election, and a resident of the Philippines for at least ten (10)
years immediately preceding such election.
Election and Proclamation

President and VP are elected by direct vote of the people

6 Year Interval – presidential election

SECTION 4. 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 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 reelection. 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.

No Vice-President shall serve for more than two consecutive

terms. 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.

Unless otherwise provided by law, the regular election for President

and Vice-President shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly

certified by the board of canvassers of each province or city, shall
be transmitted to the Congress, directed to the President of the
Senate. Upon receipt of the certificates of canvass, the President of
the Senate shall, not later than thirty days after the day of the
election, open all certificates in the presence of the Senate and the
House of Representatives in joint public session, and the Congress,
upon determination of the authenticity and due execution thereof in
the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed

elected, but in case two or more shall have an equal and highest
number of votes, one of them shall forthwith be chosen by the vote of
a majority of all the Members of both Houses of the Congress, voting
separately.

The Congress shall promulgate its rules for the canvassing of the
certificates.

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.
The Vice President

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.

Presidential Succession

SECTION 7. The President-elect and the Vice-President-elect shall

assume office at the beginning of their terms.

If the President-elect fails to qualify, 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 a 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 have become permanently disabled, the
Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or

shall have 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.

The Congress shall, by law, provide for the manner in which one who
is to act as President shall be selected until a President or a Vice-
President shall have qualified, in case of death, permanent disability,
or inability of the officials mentioned in the next preceding paragraph.

SECTION 8. 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. 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.
 The Congress shall, by law, provide who shall serve as President in
case of death, permanent disability, or resignation of the Acting
President. He shall serve until the President or the Vice-President
shall have been elected and qualified, and be subject to the same
restrictions of powers and disqualifications as the Acting President.

SECTION 9. 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 of the Congress, voting separately.

SECTION 10. The Congress shall, at ten o’clock in the morning of

the third day after the vacancy in the offices of the President
and Vice-President occurs, convene in accordance with its rules
without need of a call and within seven days enact a law calling
for a special election to elect a President and a Vice-President
to be held not earlier than forty-five days nor later than sixty
days from the time of such call. The bill calling such special
election shall be deemed certified under paragraph 2, Section 26,
Article VI of this Constitution and shall become law upon its approval
on third reading by the Congress. Appropriations for the special
election shall be charged against any current appropriations and shall
be exempt from the requirements of paragraph 4, Section 25, Article
VI of this Constitution. The convening of the Congress cannot be
suspended nor the special election postponed. No special election
shall be called if the vacancy occurs within eighteen months before
the date of the next presidential election.

Oath of Office

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.)

Perquisites and Inhibitions

 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.

Emolument – the profit arising from the office or employment;

that which is received as compensation for services; or which is
annexed to the possession of office, as salary, fees and
perquisites advantage, gain, public or private.

SECTION 13. The President, Vice-President, the Members of the

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

The spouse and relatives by consanguinity or affinity within the

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

Presidential Immunity

The President, during his tenure of office or actual incumbency, may

not be sued in any civil or criminal case, and there is no need to
provide for it in the Constitution or law.

Like any other official, he remains accountable to the people but he

may be removed from office only in the mode provided by the law and
that is by impeachment

Temporary Disability
 SECTION 11. Whenever the President transmits to the President of
the Senate and the Speaker of the House of Representatives his
written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be
discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the

President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice-President
shall immediately assume the powers and duties of the office as
Acting President.

Thereafter, when the President transmits to the President of the

Senate and to the Speaker of the House of Representatives his written
declaration that no inability exists, he shall reassume the powers and
duties of his office. Meanwhile, should a majority of all the Members
of the Cabinet transmit within five days to the President of the Senate
and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue. For that
purpose, the Congress shall convene, if it is not in session, within
forty-eight hours, in accordance with its rules and without need of
call.
If the Congress, within ten days after receipt of the last written
declaration, or, if not in session, within twelve days after it is required
to assemble, determines by a two-thirds vote of both Houses, voting
separately, that the President is unable to discharge the powers and
duties of his office, the Vice-President shall act as the President;
otherwise, the President shall continue exercising the powers and
duties of his office.

Chapter 11
Power of the President

 Head of the State

 Chief Executive of the Republic of the Philippines
 Enforcement of law
 Conduct of foreign affairs
 Command of the Armed Forces
 Administration of the government
 Crystallization of public opinion on vital issues
Has control over all matters pertaining to the disposition of
government property including sequestered assets under the
administration of the PCGG

Has the power to reorganize the offices and agencies in the executive
department in line with his constitutionally granted power of control over
executive offices and by virtues of a previous delegation of the legislative
power to reorganize executive offices under existing statutes

Has authority to declare a state of rebellion springs in the main from his
powers as chief executive

Executive Orders – acts of the President providing for rules of a

general or permanent character in implementation or
execution of constitutional or statutory powers

Administrative Orders - acts of the President which relate to

particular aspects of governmental operations in pursuance
of his duties as administrative head

Proclamations - acts of the President fixing a date or declaring a

status or condition of public moment or interest, upon the
existence of which the operation of a specific law or regulation
is made to depend

Memorandum Orders - acts of the President on matters relating to

internal administration

General or Special Orders - acts and commands of the President

in his capacity as Commander In Chief of the Armed Forces
of the Philippines

The Appointing Power

Appointment
 selection by the authority vested with the power, of an individual
who is to exercise the functions of a given office
 act of designation by the appointing officer, body or board, to
whom that power has been delegated, of the individual who is to
exercise the functions of a given office.

Designation – connotes an imposition of additional duties, usually by law,

upon a person already in the public service by virtue of an earlier
appointment
 ART 7 SECTION 16. The President shall nominate and, with the
consent of the Commission on Appointments, appoint the heads
of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the
rank of colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution. He shall
also appoint all other officers of the Government whose appointments
are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.

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 after disapproval by
the Commission on Appointments or until the next adjournment of the
Congress.

PERMANENT APPOINTMENTS – extended to persons possessing the

requisite eligibility and are thus protected by the constitutional
provision on security of tenure

TEMPORARY APPOINTMENT – given to persons without such

eligibility, are revocable at will and without the necessity of just
cause or a valid investigation

Purpose of Staggering the Term of Office

 Minimize the appointing authority’s opportunity to appoint a
majority of the members of the collegial body
 Ensure the continuity of the body and its policies

6 Categories of Officials under the appointing power of the President

1. Heads of the executive departments

2. Ambassadors, other public ministers and consuls
3. Officers of armed forces from the rank of colonel or naval captain
4. Other officers whose appointments are vested in him by the
Constitution
5. All other officers of the government whose appointments are not
provided for by law
6. Those whom he may be authorized by law to appoint

Regular Appointment Ad Interim

 Legislative Session  Recess
 After the nomination is confirmed  Made before such confirmation
by the Commission on  Shall cease to be valid if
Appointments disapproved by the Commission
 Continues until the end of the on Appointments or upon the next
term of the appointee adjournment of the Congress

Civil Service Commission – determine whether or not the appointee

possesses the qualifications and requisite or appropriate eligibility

Limitation on the Power of the Appointment

ART 7. SECTION 14. Appointments extended by an Acting

President shall remain effective, unless revoked by the elected
President within ninety (90) days from his assumption or
reassumption of office.

ART 7. SECTION 15. 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.

This prevents midnight appointments

The Removal Power

Members of the Supreme Court and Constitutional Commission – may

be removed only by impeachment in accordance with Article 11

Ombudsman - impeachment

Alajar vs. Alba – there is no removal of office but a mere expiration of his
term
“No officer or employee of the Civil Service sha; be removed o suspended
except or cause provided by law.”

The Control Power

 ART 7 SECTION 17. The President shall have control of all the
executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.

Control – power of an officer to alter or modify or nullify or

set aside what a subordinate officer had done in the
performance of his duties and to substitute judgment of the
former for that of the latter.

Supervision – overseeing or the power or authority of an

officer to see that the subordinate officers perform their
duties.

Doctrine of Qualified Political Agency – department secretaries

are alter egos of or assistants of the President and their acts
are presumed to be those of the latter unless disapproved
or reprobated by him.

Doctrine of Exhaustion of Administrative Remedies – a party

aggrieved by an order of an administrative official should first
appeal to the higher administrative authority before
seeking judicial relief.

Section 10 PD 1080 as amended by RA 8494 – 5 Ex Officio

Members were the Secretary of Finance, Sec of Trade and
Industry, Governor of Bangko Sentral ng Pilipinas, DG of NEDA,
and Chairman of the Philippine Overseas Construction Board – all
are sat as board through an existing law

The ‘Take-Care” Clause

The power to take care that the laws be faithfully executed makes the
president a dominant figure in the administration of the government

The Military Power

1.) Command all the armed forces
2.) Suspend the privilege of writ of habeas corpus
3.) Declare martial law

ART 7 SECTION 18. The President shall be the Commander-in-

Chief of all 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. In case of
invasion or rebellion, when the public safety requires it, he may, for a
 period not exceeding sixty (60) days, suspend the privilege of
the writ of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight(48) 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 any need of a call.

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 the
extension thereof, and must promulgate its decision thereon within
thirty days from its filing.

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 only to persons
judicially charged for rebellion or offenses inherent in or directly
connected with the 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.

Commander-In-Chief
 Power of the Sword makes the President an important figure in the
country in times of war or emergency

Courts Martial – are agencies of executive character, and one of

the authorities for the ordering of courts martial has been held to be
attached to the constitutional functions of the President, as
Commander I Chief, independently of legislation.
Writ Habeas Corpus – is a writ directed to the person detaining another,
commanding him to produce the body of the prisoner at a designed
time and place, with the day and cause of his caption and detention,
to do, to submit to, and receive whatever the court or judge awarding
the writ shall consider in his behalf.

ART 3 SECTION 15. The privilege of the writ of habeas corpus

shall not be suspended except in cases of invasion or rebellion
when the public safety requires it.

ART 3 SECTION 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to
bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.

Martial Law
 refers to that law which has application when the ilitary arm does not
supercede civil authority but is called upon to aid it in the execution of
its civil function.
 military powers have been called upon by the executive to assist him
in the maintenance of law and order and that while the emergency
lasts

Powers of Commander-In-Chief during Martial Law

a. arrests and seizures without judicial warrants
b. ban on public assemblies
c. take-over of news media and agencies and press
censorship
d. issuance of Presidential Decrees

Limitations of the Military Powers

1. He may call out the armed forces when it becomes necessary to

prevent or suppress lawless violence, invasion, and rebellion
only
2. The grounds for the suspension of the privilege of the writ of habeas
corpus and the proclamation of martial law are now limited only to
invasion or rebellion, when the public safety requires it.
3. The duration of such suspension or proclamation shall not exceed
sixty (60) days, following which it be automatically lifted
 4. Within 48 hours after such suspension or proclamation, the
President shall personally or in writing report his action to the
Congress. If not in session, Congress must convene within 24 hours
without need of a call
5. The congress may then, by a majority vote of all its members voting
jointly, revoke his action
6. The revocation may not be set aside by the President
7. By the same vote and in the same manner, the Congress may, upon
initiative of the President, extend his suspension or proclamation
for a period to be determined by the Congress if the invasion or
rebellion shall continue and the public safety requires the extension
8. The action of the President and Congress shall be subject to
review by the Supreme Court which shall have the authority to
determine the sufficiency of the factual basis of such action.
9. Martial law does not automatically suspend the privilege of the
writ of habeas corpus or the operation of the Constitution.
10. The suspension of the privilege of writ of habeas corpus shall
apply only to persons facing charges of rebellion or offenses
inherent in or directly connected with the invasion.

The Pardoning Power

ART 7 SECTION 19. 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.

PARDON is an act of grace which exempts the individual on

whom it may bestowed from the punishment which the law
inflicts for the crime he has committed

COMMUTATION is a reduction or mitigation of the penalty

REPRIEVE is merely a postponement of a sentence to a date

certain or a stay of execution

Limitations

1. Pardon cannot be granted in cases of impeachment.

2. No pardon can be granted for the violation of any election law, rule, or
regulation without the favorable recommendation of the
Commission on Elections
3. Pardon can be granted only after conviction by final judgment.
4. Pardon cannot be extended to a person convicted of legislative
contempt or of civil contempt
5. Pardon cannot also be extended for the purpose of absolving the
pardonee of civil liability
6. Pardon will not restore offices forfeited

Kinds of Pardon
1. Absolute – extended without any strings attached
2. Conditional – is under which the convict is required to comply with
certain requirement
3. Plenary – extinguished all the penalties imposed upon the
offender including accessory disabilities
4. Partial – does not

Effects of Pardon
 It restores not only the offender’s liberty but also his civil and political
rights

PAROLE – involves only a release of the convict from

imprisonment but not a restoration of his liberty; executive

PROBATION – may be granted before actual service of sentence;

judicial

AMNESTY – granted by the president only with the concurrence of the

Congress

Amnesty Pardon
 Addressed to crimes against the  Condones infractions of the
sovereignty of the State, to peace of the State
political offenses, forgiveness
being deemed more expedient for
the public welfare than
prosecution and punishment
 Generally addressed to classes  Addressed to an individual
or even communities of
persons
 There may or may not be  There must be distinct acts of
distinct acts or acceptance acceptance
 Does not require concurrence  Requires such concurrence
of the Congress
 Private act of the President  Public act of which the courts
which must be pleaded and take judicial notice
 proved by the person pardoned
because the courts do not take
judicial notice of it
 Looks forward and relieves the  Looks backward and abolishes
offender from the and puts into oblivion the
consequences of an offense of offense itself
which he has been convicted

The Barrowing Power

SECTION 20. 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
(30) 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 or guaranteed 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.

The Diplomatic Power

 The President is supposed to be the spokesman of the nation on

external affairs
 The sole organ of the nation in its external relations and its sole
representative with foreign nations

SECTION 21. No treaty or international agreement shall be valid

and effective unless concurred in by at least two-thirds of all the
Members of the Senate.

Executive Agreement – is a treaty witin the meaning of that word in

international law and constitutes enforceable domestic law.

The Budgetary Power

SECTION 22. The President shall submit to the Congress within

thirty (30) 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.
The Informing Power through SONA

SECTION 23. The President shall address the Congress at the

opening of its regular session. He may also appear before it at any
other time.

Other Powers
 Call Congress to special sessions
 Approve or veto bills
 To consent to the deputization of government personnel by the
Commission on Elections
 To discipline its deputies
 Exercise emergency and tariff powers

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