Constitution written instrument by which the fundamental powers of the

government are established, defined and limited, and by which these powers are distributed to the various departments for the safe and useful exercise for the benefit of the body politic. Constitutional law a body of rules resulting from the interpretation of the constitutional instrument, by a high court, in cases in which the validity of some act of governmental power has been challenged. Type of Constitution there are two ways of classifying constitutions. Written or rigid for example the Constitution of the Republic of the Philippines Unwritten or flexible various documents, customs, traditions and practices. It is flexible and can easily be amended with the change of the times. For example, the Constitution of England Normative its norms direct governmental action, and government adjusts its actions to the norms Nominal not yet fully operative because of the existing socioeconomic conditions, its principal value is educational. Semantic a tool for perpetuating power in the hands of the powerholders. Characteristics of a good constitution Broad encompassed the whole state Brief no need for details, merely a structure Definite not vague. Components of a good constitution Constitution of Government provisions on the outline of government. (Executive, Legislative, Judicial) Constitution of Liberties provisions that guarantees rights. (Bill of Rights) Constitution of Sovereignty provisions on how the amendatory process of the constitution could take place. PREAMBLE 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, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under a rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution. Preamble sets down the origin, scope, and purpose of the constitution Useful in the aid of ascertaining the meaning of ambiguous provisions in the body of the constitution source of light Origin, scope and purpose of the constitution as set out in the preamble Origin the sovereign Filipino people Scope and purpose to build a just and humane society and to establish a government that shall embody our ideals and aspirations, promote common, conserve and develop our patrimony, and to secure to ourselves and our posterity the blessings if independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace

The grammatical 1st person We the Filipino people thereby suggesting that another power was merely announcing that the Filipinos were finally being allowed to promulgate a constitution Almighty God more personal and more consonant with personalist Filipino religiosity Common good (1987) projects the idea of a social order that enables every citizen to attain his or her fullest development economically, politically, culturally, and spiritually. General welfare (1973) could be interpreted as the greatest good for the greatest number even if what the greater number wants does violence to human dignity as for instance when the greater majority might want the extermination of those who are considered inferior Equality a major problem in the Philippine society is the prevalence of gross economic and political inequalities New significant addition Under the rule of law and a regime of truth, justice, freedom, love, equality and peace Love inserted as a monument to the love that prevented bloodshed in the February Revolution Truth is a protest against the deception which characterized the Marcos regime Peace is mentioned last as the fruit of the convergence of truth, justice, freedom and love Rule of law concept of government officials have only the authority given them by law and defined by law, and that such authority continues only with the consent of the people our rule is of law and not of men Article 1 The National Territory The National Territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimension, shall form part of the internal waters of the Philippines. Territorial claim in a constitution municipal law it only binds the nation promulgating it it will bind internationally only if it is supported by proof that it can stand in international law Why does that constitution a definition of national territory 1935, 1973, and 1987 defines the national territory of the Philippines 1935 had to be accepted by the president of the united states 1973 archipelagic principle preservation of national wealth, for national security, and as a manifestation of our solidarity as a people Scope of the national territory The Philippine archipelago All other territories over the which the Philippines has sovereignty or jurisdiction o Any territory which presently belongs or might in the future belong to the Philippines through any of the internationally accepted modes of acquiring territory All territory over which the present (1935) government of the Philippines islands exercises


jurisdiction Batanes islands belonging to the Philippines 1973 constitution all territories belonging to the Philippines by historic or legal title other territories which depending on available evidence, might belong to the Philippines ex. Sabah, Marianas, Freedomland Territorial sea, the seabed the , subsoil, the insular shelves and other submarine area corresponding the Philippine archipelago and territories over the which the Philippines have sovereignty or jurisdiction the Philippines lay claim to the extent recognized by international law definitions of these areas and right of the Philippines over these areas are provided for in customary and conventional international law o Terrestrial o Fluvial o Aerial domains Archipelago body of water studded with islands Philippine archipelago delineated in the treaty of Paris of December 10,1898 modified by the treaty of Washington of November 7, 1900 and the treaty with great Britain of January 2,1930 1935 constitution o 1973 constitution omitted specific mention of these treaties constitutional convention delegates wanted to erase every possible trace of our colonial history from the new organic document 1987 constitution follows this lead Internal waters irrespective of their breadth and dimension Straight baseline method drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast Baseline lines drawn along the low water mark of an island or group of islands which mark the end of the internal water and the beginning if the territorial sea RA 9522 provides for one baseline around the archipelago and separate baselines for the regime of islands outside the archipelago Article 2 Declaration of Principles and State Policies Declaration of principles and state policies is a statement of the basic ideological principles and policies that underlie the constitution Guide for all departments of the government in the implementation of the constitution Section 1 The Philippines is a Democratic and Republican State. Sovereignty resides in the people and all Government Authority emanates from them. State it is a community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience Legal concept Element of a state: People Territory Sovereignty Government Nation ethnic concept People a community of persons sufficient in number and capable of maintaining the continued existence of the community and held together by a common bond of law Legal sovereignty is the supreme power to affect legal interest either by legislative, executive or judicial action exercised by state agencies Auto-limitation sovereignty is the property of a state-force due to which it has the exclusive capacity of legal self-determination and selfrestriction Political sovereignty is the sum total of all the influences in a state, legal and non-legal, which determine the course of law Government that institution or aggregate of institutions by which an independent society make and carries out those rules of actions which are necessary to enable men to live in a social state Imposed upon the people forming that society by those who possess the power or authority of prescribing them Kinds of functions of government - conceptual definitions of these functions are still acceptable Constituent compulsory functions which constitute the very bonds of society Ministrant are the optional functions of government o Principles for determining whether or not a government shall exercise certain of these optional functions are: That a government should do for the public welfare those things which private capital would not naturally undertake That a government should do those things which by its very nature it is better equipped to administer for the public welfare than is any private individual or groups of individuals Classification of governments De jure is one established by authority of legitimate sovereign The government under Cory Aquino and the freedom constitution was a de jure government it was established by authority of the legitimate sovereign, the people De facto merely is one established in defiance of the legitimate sovereign Kinds of de facto government o 1st is that government that gets possession and control of, or usurps, by force or by the voice of majority o 2nd is that which is established and maintained by invading military forces o 3rd is that established as an independent government by the inhabitants of a country who raise insurrection against the parent state Presidential form of government principle of separation of powers by establishing equilibrium among the three power holders, harmony will result, power will not be concentrated and thus tyranny will be avoided Legislative power given to the legislature Executive power given to a separate executive


Judicial power held by an independent judiciary Essential characteristics of a parliamentary form of government The members of the government or cabinet or the executive arm are, as a rule, simultaneously members of the legislature The government or cabinet consisting of political leaders of the majority party or of a coalition who are also members of the legislature, is in effect a committee of the legislature The government or cabinet minister or his equivalent The government or cabinet remains in power only for as long as it enjoys the support of the majority of the legislature Both government and legislature of the other immediate political responsibility o In the hands of the legislature is the vote of non-confidence (censure) whereby the government may be ousted o In the hands of the government is the power to dissolve the legislature and call for new elections Republican state is a state wherein all government authorities emanates from the people and is exercised by representatives chosen by people Democratic state shares some aspects of direct democracy o Initiative and referendum o The word democratic was also a monument to the February revolution direct action of the people Constitutional authoritarianism understood and practiced in the Marcos regime under the 1973 constitution o The assumption of extraordinary powers by the president including legislative and judicial and even constituent powers o Compatible with republican state if that constitution upon which the executive bases his assumption of power is a legitimate expression of the peoples will and if the executive who assumes power received his office through a valid election by the people Differences between a state, government and administration State Government Administration Corporate entity One of the elements of a Consists of set of people state currently running the institution Its institution through which the state exercises power Change without a change of either state or government The right of a county to establish military commissions to try war criminals Amity with all nations is an ideal to be aimed at Diplomatic recognition remains a matter of executive discretion Section 3 Civilian authority is at all times supreme over the military. The Armed Forces of the Philippines is the protector of the State and the state. Its goal is to secure the sovereignty of the state and the integrity of the national territory. Civilian supremacy the principle is institutionalized by the provision which makes the president, a civilian and precisely as civilian, commander-in-chief of the armed forces Civilian officers are superior to military officials only when a law makes them so Armed forces to secure sovereignty of the state and to preserve the integrity of the of the national territory Protect the people when ordinary law and order forces need assistance 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 fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service. How does the 1st sentence differ from its counterpart in the 1973 constitution 1973 and 1935 defense primary duty of the government o Easily lent itself to interpretations which justified a national security sate offensive to the people 1987 on service to protection of people under conditions provided by law o 2nd sentence emphasizes the primacy of serving the interest of people and protecting their rights even when there is need to defend the state Section 5 The maintenance of peace and order, and the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 6 The separation of Church and State shall be inviolable.

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. What kinds of war is renounced by the Philippines aggressive, not defensive, war Generally accepted principles of international law The right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him

State policies
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 selfdetermination. What is the general characteristic of the provisions protecting the rights in art 2 they are not self-executing provisions they need implementing acts of congress Principles that must guide the government The government must maintain an independent foreign policy


Give paramount consideration to national sovereignty, territorial integrity, national interest, and self-determination Is anterior to the state and not a creature of the state that is guaranteed for the unborn This is not an assertion that the unborn is a legal person This is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother o When necessary to save the life of the mother the life of the unborn may be sacrificed Not for the purpose of saving the mother from emotional suffering Protection made to begin from the time of conception to prevent the state from adopting the doctrine in the U.S. supreme court decision of which liberalized abortion laws up to the 6th month of pregnancy by allowing abortion can be done without danger to the mother In the matter of education the primary and natural right belongs to the parents. The constitution affirms the primary right of parents in the rearing of children to prepare them for a productive civic and social life and at the same time it affirms the secondary and supportive role of the state Basic principle of liberty guaranteed by the due process clause Protection Section 14 The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Section 15 The State shall protect and promote the right to health of the people and instill health consciousness among them. 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. Section 16 provide for enforceable rights appeal to it has been recognized as conferring standing in minors to challenge logging policies of the government (Oposa vs Factoran, Jr) By authority of section 16 embodying the peoples right to a balanced ecology and under various statutes, several government agents were required by mandamus to undertake the cleaning of manila bay and its surroundings (MMDA vs residents of manila bay) Section 17 The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Section 18 The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Primary social economic force it means that the human factor has primacy over the non-human factors in production Section 19 The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. How is this provision related to the article on the national economy and patrimony this is a guide for interpreting provisions on the national economy and

Section 8 The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. Constitutional policy on nuclear weapons the constitution prescribes a policy of freedom from nuclear weapons Prohibition not only from possession, control and manufacture of nuclear weapons but also nuclear arms test E: peaceful uses of nuclear energy must be justified by demands of national interest Section 9 The State shall promote a just 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. Underlying premises of sections 9 and 10 they derived from the premises that poverty and gross inequality are major problems besetting the nation and that these problems assault the dignity of the human person Social Justice in the sense it is used in the constitution the equalization of economic, political, and social opportunities with special emphasis on the duty of the sate to tilt the balance if social forces by favoring the disadvantaged in life 1935 justice for the common tao 1973 those who have less in life should have more in law Impact of the social justice provision the provision has been chiefly instrumental in the socialization of the states attitude to property rights thus gradually eradicating the vestiges of laissez faire in Philippine society Section 11 The State values the dignity of every human person and guarantees full respect for human rights. 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. Section 13 The State recognizes the vital role of the youth in nationbuilding and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Family stable heterosexual relationship


patrimony any doubt must be resolved in favor of self-reliance and independence and in favor of Filipinos Section 20 The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Section 21 The State shall promote comprehensive rural development and agrarian reform. Rural developments must not only include agrarian reforms but also encompass a broad spectrum of social, economic, human, cultural, political, and even industrial development Section 22 The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Section 23 The State shall encourage non-governmental, community- based, or sectoral organizations that promote the welfare of the nation. Section 24 The State recognizes the vital role of communication and information in nation-building. Section 25 The State shall ensure the autonomy of local governments. Section 26 The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. Purpose of article 26 is to give substance to the desire for the equalization of political opportunities Political dynasties its definition is left to the legislature Non self-executory it merely specifies a guideline for legislative of executive action Section 27 The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Section 28 Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest Article 6 The Legislative Department 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 of initiative and referendum. Legislative power is the authority to make laws and to alter or repeal them The legislative power of the congress is plenary Legislative power is vested in the congress of the Philippines Senate House of representatives Except to the extent reserved to the people by the provision on initiative and referendum The congress cannot pass irrepealable laws it attempts to limit the power of future legislators o The power of any legislator can be limited only by the constitution o o o

Advantages of bicameralism Allow for a body with a national perspective to check the parochial tendency of representatives elected by district Allows for more careful study of legislation Makes the legislature less susceptible to control by the executive Serves as training ground for national leaders Advantages of unicameralism Simplicity of organization resulting in: o Economy and efficiency o Facility in pinpointing responsibility for legislation Avoidance in duplication Kinds of legislative power republican system Original legislative power possessed by the sovereign people Derived legislative power delegated by the people to legislative bodies and is subordinate to the original power of the people o Kind of power vested in congress Other legislative powers Constituent power to amend or revise the constitution o The people, through amendatory process, exercise constituent power, and, through initiative and referendum Ordinary power to pass ordinary laws Limits of legislative power Substantive limits curtail the contents of a law Procedural limits curtail the manner of passing laws The congress cannot delegate its legislative powers the power must remain to the people have lodged it. However, there are two exceptions to the rule: Immemorial practice legislative power may be delegated to local governments Constitution in specific instances ex. Art6 sections 23(2) and 28(2) Scope of the delegated power only as far as congress allows it delegated legislation may not violate a statute Administrative agencies not delegated with legislative or law-making powers but rule-making power or law execution Fill the details of an already complete statute Ascertain the facts necessary to bring a contingent law into actual operation Qualities which ensures that the power delegated is not law-making but merely law execution:(Pelaez vs Auditor General) Be complete itself it must set forth therein the policy to be carried out or implemented by the delegate


Fix a standard the limits of which are sufficiently determinate or determinable to which the delegate must conform in the performance of his functions Must the standard be formulated in precise declaratory language no. It can be drawn from the declared policy of the law and from the totality of the delegating statute The power to fix wages may be delegated to an executive body provided that there are adequate standards Grant of quasi-legislative and quasi-judicial powers to administrative bodies - result of the growing complexity of the modern society to help in the regulation of its ramified activities Rules and regulations promulgated by administrative agencies have force of law and also have the force of penal law, provided the following conditions concur: The delegating statute itself must specifically authorize the promulgation of penal regulations The penalty must not be left to the administrative agency o It must be provided by the statute itself The regulation must be published in the official gazette or a newspaper of general circulation Section 2 The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. There are 24 senators elected at large 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 writ, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of election. Qualifications of a senator these may neither be added to nor subtracted from by the congress Natural-born citizen of the Philippines At least 35 years of day on the day of the election Able to read or write Registered voter Resident of the Philippines for not less than two years immediately preceding the day of election 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 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 term of a senator 6 years commences at noon on the 13th day of June next following their election, unless otherwise provided by law No senator shall serve for more than two consecutive terms 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 partylist system of registered national, regional, and sectoral parties or organizations. (2) The party-list representative shall constitute twenty per centum of the total number of representative 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 of 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, or each province, shall have at least 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. House of representatives 250 members Representative districts created by law Legislative districts does not need conformation from plebiscite in its creation Classification of the members of the house District representatives each representing one congressional district Party-list representatives elected through the party-list system Sectoral representatives only exist until 1998 Party-list system under the system, registered national, regional, and sectoral parties or organization submit a list of candidates arranged in the order of priority voted at large and the number of seats a party or organization will get, out of 20% allocated for party-list representatives, will depend on the number of votes garnered nationwide it is hoped that the system will democratize political power by encouraging the growth of multi-party system while at the same time giving power to those who traditionally win in elections Party-list or organization guidelines: Represent the marginalized and underprivileged Must comply with this policy Must not represent the religious sector Must not be disqualified under section 6 of RA 7941


Must not be an adjunct of or a project organized or an entity founded or assisted by the government Its nominees must comply with the requirements The nominee must likewise be able to contribute to the formation and enactment of legislation that will benefit the nation Parties or Organizations that are disqualified (section 6) The comelec may motu propio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds: It is a religious sect or denomination, organization or association organized for religious purposes Advocates violence or unlawful means to seek its goal It is a foreign party or organization It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes It violates or fails to comply with laws, rules or regulations relating to elections It declares untruthful statements in its petition It has ceased to exist for at least 1 year It fails to participate in the last 2 preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered Comelec determines whether or not a party is qualified to participate in the party list system Has no authority to correct the imbalance by the transfer of municipalities from one district to another Qualifications of a party-list nominee (section 9 of RA 9741): Natural-born citizen of the Philippines Registered voter Resident of the Philippines for a period not less than 1 year immediately preceding the day of the election Able to read and write A bona fide member of the party or organizations which he seeks to represent for at least 90 days preceding the day of the election At least 25 years of age on the day of the election Qualifications of a nominee in the youth sector: At least be 25 but not more than thirty years of age on the day of the election Proportional representation 20% celling mandatory 2% requirement to get a seat unconstitutional obstacle to filling the 20% Distribution of seats among the parties: 1st the 20% allocation the combined number of all party-list congressmen shall not exceed 20% of the total membership of the house of representatives, including those elected under the party-list 2nd the 2% threshold only those parties who garnered a minimum of 2% of the total valid votes cast for the party-list system are qualified to have a seat in the house of representatives

3rd proportional representation the additional seats which a qualified party is entitled to shall be computed in proportion to their total number of votes Religious leaders may be elected or selected as sectoral representatives The prohibition is against representation of religious sectors not religious leaders Legislative districts shall comprise, as far as practicable, contiguous, compact, adjacent territories Each city with a population of at least 250,000 or each province, shall have at least 1 representative Uniform and progressive ratio concept of equality of representation basic principle of republicanism Gerrymandering formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party is not allowed 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 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. Qualifications of a member of the house of representatives: Natural-born citizen of the Philippines At least 25 years of age on the day of the election Able to read or write Registered voter in the district he shall be elected (party-list representative) Resident thereof for a period of not less than one year immediately preceding the day of the election Domicile is the domicile of origin (Domino vs Comelec) Requires not only such bodily presence in that place but also a declared and probable intent to make it ones fixed and permanent place of abode, ones home o Animus manendi intention of remaining o Animus no revertendi intention of leaving Residence requires the bodily presence in a given place Property qualifications are contrary to the social justice provision of the constitution (Marquera vs Borra Section 7 The Members of the House of Representatives shall be elected for a term of three years, which shall begin, unless otherwise provided by law, at noon on the thirtieth of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of the time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Term of a member of the house: 3 years commences at noon on the 13th day of June next following their election, unless otherwise provided by law


No member of the house shall serve for more than three consecutive terms Term period during which an official is entitled to hold office Changed by amendment Tenure period during which the official actually holds office Can be shortened Section 8 Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May. 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. In case of vacancy in the senate or house of representatives a special election to fill the vacancy is not mandatory. The matter is left to the discretion of congress in the manner prescribed by law If there be a special election, the person elected shall serve only for the unexpired term 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 expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase. Salary of the members of the house 240,000 per annum art 18 sec 17 Legal bar to the legislators yielding to the natural temptation to increase their salaries 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. Differences between privilege from arrest (1987 and 1935) available only when the congress is in session protection from harassment which will keep him away from legislative sessions 1987 privilege from civil arrest and even for a criminal offense provided that the offense is not punishable by a penalty of more than 6 years imprisonment 1935 privilege only from civil arrest Parliamentary privilege of speech 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 Protection only against forums other than the congress itself does not protect the assemblyman against the disciplinary authority of the congress but it is an absolute protection against suits for libel Speech or debate includes utterances made in the performance of official functions It is not essential that the congress be in session what is essential is that the utterance must constitute legislative action, that is, it must be part of the deliberative and communicative process by which legislators participate in committee or congressional proceedings in the consideration of proposed legislation or of other matters which the constitution has placed within the jurisdiction of the congress Purpose of the privilege intended to leave the legislator unimpeded in the performance of his duties and free from fear of harassment outside

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. 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. 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. Prohibitions on a member of congress relative to the practice of his profession: Personally appear as counsel before: o Any court of justice o Electoral tribunals o Quasi-judicial and other administrative bodies 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 instrumentally thereof including any government-owned or controlled corporation, or its subsidiary, during his term or office He shall not intervene in any matter before any office of the government of his pecuniary benefit or where he may be called upon to act on account of his office Intervention would make the constitutional provision ineffective acquire a minimal participation in the interest of a client and then intervene in the proceedings


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. Special session one called by the president while the legislature is in recess 1935 special session the legislature could consider only the subject matter designated by the president o 100 days regular session 1987 congresss discretion to number the days of a regular session the distinction is no longer significant for the purpose of determining what the legislature may consider Section 16 (1) The Senate shall elect its President and the House of Representative its Speaker, by a majority vote of all its respective Members. Each House shall choose other such other officers as it may deem necessary. (2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide. (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. (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. (5) Neither House during 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. Officers of the congress Senate president Speaker of the house Other officers each house may deem necessary Quorum it is based on the proportion between those physically present and the total membership of the body Implementation of the rules of either house the court cannot intervene the legislatures formulation and implementation of its rules except on matters affecting internal operation of the legislature Also when the legislative rules affects private rights Purpose of keeping a journal conclusive upon the courts To ensure publicity to the proceedings of the legislature, and a correspondent responsibility of the members to their respective constituents To provide proof of what actually transpired on the legislature Matters excluded in the journal judgment affecting national security Enrolled bill doctrine the signing of a bill by the speaker of the house and the president of the senate and the certification by the secretaries of both houses of congress that such bill was passed are conclusive of its due enactment (Arroyo vs De Venecia) Enrolled bill is the official copy of the approved legislation and bears the certification of the presiding officer of the legislative body The respect due to coequal department requires the courts to accept the certification of the presiding officer as conclusive assurance that the bill so certified is authentic Enrolled bill theory is based mainly in the respect due to a coequal department 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 qualification 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 or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. Electoral tribunal of each house sole judge of all contests relating to the election, returns, and qualifications of the members of congress Once the candidate has been proclaimed, taken his oath and assumed office as a member of the house of representatives comelecs jurisdiction ends and HRET begins Decided whether or not a party-list is qualified to join the party-list system Composition of electoral tribunal the senior justice of the tribunal shall be its chairman 3 justices of the supreme court designated by the chief justice 6 members of the of the senate or the house of representatives chosen by proportional representation PET sole judge of all contests relating to the election, returns and qualifications of the president or vice-president SET sole judge of all contest relating to the election, returns and qualifications of members of the senate Congress and COMELEC en banc shall determine only the authenticity and due execution of the certificates of canvass Exercise this power before the proclamation of the winning candidate Difference between the electoral tribunal under the 1935 and 1987 1935 only the two major political parties had representation and they had it equally between them 1987 all political parties are given proportional representation What is the extent of the jurisdiction of the supreme court over the electoral tribunals judicial review of decisions or final resolutions of the electoral


tribunals is possible only in the exercise of the courts so-called extraordinary jurisdiction upon a determination that the tribunals decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process 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 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. Composition of the Commission on appointments: - the total composition is 25 but the chairman votes only to break the tie Senate president chairman 12 senators 12 members of the house elected by each house according to proportional representation of the parties or organizations registered under the party-list system represented therein Function of the commission on appointments acts as a legislative check in the appointing authority of the president 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. How should the commission arrive at its decisions 1st the commission must act on all appointments submitted to it within 30 days from submission to prevent the commission from freezing appointments 2nd the commission can meet and act only when the congress is in session 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. Section 21 The Senate of 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. Legislative Hearings Section 21 legislative investigations in aid of legislation its scope and limitation has been the subject of earlier rulings but Senate vs Ermita, specified who may and who may not be summoned to section 21 hearings A department head who is an alter ego of the president may be summoned Chairman and members of PCGG Anyone except the president and justices of the supreme court o This must be published intended to satisfy the basic requirement of due process o Publication is indeed imperative, for it will be the height of injustice to punish or otherwise burden a citizen for the transgression of a law or rule of which he had no notice whatsoever, not even a constructive one Takes effect after 15 days of publication Power of inquiry is an essential and appropriate auxiliary to the legislative function a legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change is an essential element for establishing the jurisdiction of the legislative body The rights of persons appearing in or affected by such inquiries shall be respected legislative investigations must be subject to the limitations placed by the constitution on governmental action all governmental action must be exercised subject to constitutional limitations, principally found in the bill of rights, this limitation really creates no new constitutional right How long may congress keep a contumacious witness in detention limitations on the power of congress in the implicit limitation that the legislatures power to commit a witness for contempt terminates when the legislative body cease to exist upon its final adjournment Section 22 The heads of Departments may upon their own initiative, with the consent of the President, or upon the request of either House shall provide, appear before and be heard by such house on any matter pertaining to their Departments. Written questions shall be submitted to the President of the Senate of the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the state or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session. Section 22 oversight function of congress intended to enable congress to determine how laws passed are being implemented. In difference to separation of powers Department heads are alter egos of the president they may not appear without the permission of the president o Exemption from summon applies only to department heads and not to everyone who has a cabinet rank Formalizes the oversight function of congress intended to forestall any objection to a department heads appearance in congress


Question hour is proper to a parliamentary system where there is no separation between the legislative and executive department Question hour under the 1973 constitution has made the appearance of department heads voluntary 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. (2) In times of war or other national emergency, the Congress may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of Congress, such power shall cease upon the next adjournment thereof. War power (1935) art6 sec25 gave to congress the sole power to declare war War power (1973 & 1987) gave to congress the sole power to declare the existence of war the Philippines renounces aggressive war as an instrument of national policy Executive power holds the actual power to make war Holds the sword of the nation May make war even in the absence of a declaration of war Emergency powers for a limited period and subject to such restrictions as it may be prescribed To exercise powers necessary withdrawn by resolution of congress, such powers necessary and proper to carry out a declared national policy What emergency powers may be delegated to exercise powers necessary and proper to carry out a declared national policy executive fiat Section 24 All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments. Bills that must originate from the house Tariff or Revenue bills Appropriations Bills authorizing increase of the public debt Bills of local application conversion of a municipality into a city Private bills Section 25 (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content and manner of preparation of the budget shall be prescribed by law. (2) No provision or enactment shall be embraced in the General Appropriations Bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. (3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. (4) A Special Appropriations Bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein. (5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the Heads of Constitutional Commissions may, by law, be authorized to augment any item in the General Appropriations Law for their respective offices from savings in other items of their respective appropriations. (6) Discretionary Funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. (7) If, by the end of any fiscal year, the Congress shall have failed to pass the General Appropriations Bill for the ensuing fiscal year, the General Appropriations Law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the General Appropriations Bill is passed by the Congress. Preparation of general appropriations bill: 1. It must originate from the house of representatives 2. The congress may not increase the appropriations recommended by the president for the operation of the government as specified in the budget The form, content, and manner of preparation of the budget shall be prescribed by law Rule on Riders no provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Guidelines for passing a bill in congress: 1st Reading: reverted to appropriate Committee to decide whether it should prosper or not. 2nd Reading: reverted to the floor for debates on merits and demerits plus amendments. 3rd Reading: reverted back to the floor for voting, no more amendments shall be allowed. o If from the House of Representatives, it is the sent to the Senate if approved, and in the Senate, it shall follow the same three reading procedure. Urgent bills are those certified by the President that a certain bill is necessary for the nation Urgent bills would disregard the necessity of three separate readings on three separate days.


Section 26 (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. (2) No bill passed by either house shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity of emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be take immediately thereafter, and the yeas and nays entered in the journal. Purpose of the rule To prevent hodge-podge or log-rolling legislation To prevent surprise or fraud upon the legislation of provisional interpretation which the title does not give information, overlooked by the legislature, and unintentionally adopted To fairly apprise the people through its publication Guidelines for passing a bill in congress: 1st Reading: reverted to appropriate Committee to decide whether it should prosper or not. 2nd Reading: reverted to the floor for debates on merits and demerits plus amendments. 3rd Reading: reverted back to the floor for voting, no more amendments shall be allowed. o If from the House of Representatives, it is the sent to the Senate if approved, and in the Senate, it shall follow the same three reading procedure. How must the rule be interpreted liberally the rule should be given a practical rather than a technical construction. It should be sufficient compliance with such requirement if the title expresses the general subject and all the provisions of the statute are germane to that general subject Bicameral conference committee It may deal generally with the subject matter or it may be limited to resolving the precise differences between the two Houses. Normally, no new subject can be liberally inserted, but occasionally committees produce unexpected results, and are symptomatic of the Authorization Power of the Conference Committees 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, twothirds 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 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. Steps needed before a bill finally becomes a law 1st it must be approved by congress o The legislative action required of congress is a positive act 2nd it must be approved by the president o Approval by the president may be by positive act or by inaction o The president shall communicate his veto of any bill to the house where it originated within 30 days after the date of receipt thereof; otherwise, it shall become law as if he had signed it Yeas and nays Upon the last and third reading of a bill At the request of one-fifth of the members present In re-passing a bill over the veto of the president Bicameral system bills independently processed by both houses of congress not usually the final version approved by one house differs from what has been approved by the other Conference committee consisting of members nominated from both houses, is an extra-constitutional creation of congress whose function is to purpose to congress ways of reconciling conflicting provisions found in the senate version and in the house version of a bill Amendments germane to the purpose of the bill could be introduced eve if these were not in either original bill Item veto GR: if the president disapproves a bill approved by congress veto the entire bill E: appropriation, revenue and tariff bills can veto separate parts Item is an indivisible sum of money dedicated to a stated purpose and not some general provision of law which happens to be put into an appropriation bill Doctrine of inappropriate provisions is that a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item In essence, the president may veto riders in an appropriation bill Executive impoundment refusal of the president to spend funds already allocated by congress for a specific purpose Section 28 (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation. (2)The Congress may, by law. Authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharf age dues, and other duties or imposts within the framework of the National Development Program of the Government. (3) Charitable institutions, churches and parsonages or convents 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. Power to tax to raise revenue Instrument of national economic and social policy Power to tax involves power to destroy Tool for regulation regulating property, the state can choose to exercise its police power or its power to tax Power to keep alive foundation for the imposition of tariffs designed for the encouragement and protection of locally produced goods against competition form imports General limit on the power to tax implicit in the power is the limitation that it should be exercised only for a public purpose It must be uniform, equitable, progressive and only for public purpose o A tax is uniform, within the constitutional requirement, when it operates with the same force and effect in every place where the subject of it is found Equitable to add nothing except by way of emphasis Uniformity of taxation: The standards that are used therefore are substantial and not arbitrary The categorization is germane to achieve the legislative purpose The law applies all things being equal to both present and future conditions The classification applies equally well to all those belonging to the same class Progressive system of taxation when the rate increases as the tax base increases Exempted from taxation: - exempted from property tax Charitable institutions Churches and parsonages or convents appurtenant thereto Mosques Non-profit cemeteries All lands, buildings and improvements actually, directly, and exclusively used for religious, charitable or educational purposes (3) All money collected on any tax levied for a special purpose shall be treated as a Special Fund and paid out for such purpose only. If the purpose for which a Special Fund was created has been fulfilled or abandoned, the balance, if any shall be transferred to the general funds of the Government. The congress has control of the expenditure of public funds Restriction on public funds: Disbursements from the treasury can only be made by law No money shall be used for religious purposes, except for chaplains in armed services or government institutions Special funds may only be paid out for specific purposes and its balance after use is transferred to the general funds of the government Section 30 No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. Section 31 No law granting a title of royalty or nobility shall be enacted. Title of royalty or nobility sultan is not considered a title of royalty in the law because it is not stated there 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 y the Congress or Local Legislative Body after the registration of a petition therefore 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 and referendum the people can legislate Inherent powers of the government: Power to tax Eminent domain Police power

Section 29 (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. (2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or any priest, preacher, minister of 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.

Article 7 The Executive Department

Section 1 The executive power shall be vested in the President of the Philippines. Section 2 No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election. Constitutional powers of the president


Power of control over all executive departments, bureaus, and offices Power to execute laws Appointing power Powers under the Commander-in-Chief clause Power to grant reprieves, commutations and pardons Power to grant amnesty with the concurrence of Congress Power to contact or guarantee foreign loans Power to enter into treaties or international agreements Power to submit the budget to Congress Power to address Congress Qualifications of a president and vice-president: Natural born citizen of the Philippines 40 years of age on the day of the election Registered voter Able to read and write Resident for at least 10 years immediately preceding the election Executive power it is vested to the president both head of state and chief executive Duties of the head of state: Long catalogue of public duties that the queen discharges in England The president of the republic of France Governor-General of Canada Chief executive he is the chief executive and no one else Executive of the government of the Philippines and no one else Duties of the government: To serve and protect the people Maintain peace and order Protect life, liberty and property Promote the general welfare Executive privilege is the power of the president to withhold certain types of information from the courts, the congress and ultimately the public Information that is covered by the executive privilege The types of information include those which are of a nature that disclosure would subvert military or diplomatic objectives Information about the identity of persons who furnish information of violations of law Information about internal deliberations comprising the process by which government decisions are reached Section 2(a) of EO 464 privileges: Conversations and correspondence between the president and the public official covered by this executive order Military, diplomatic and other national security matters which in the interest of national security should not be divulged Information between inter-governmental agencies prior to the conclusion of treaties and executive agreements Discussions in close-door cabinet meetings Matters affecting national security and public order Presidential communication is presumptively privilege; but the presumption is subject to rebuttal who ever challenges it, must shoe good and valid reasons related to the public welfare Parliamentary rules are merely procedural and with their observance, the courts have no concern They may be waived or disregarded by the legislative body provided of course private rights are not violated Presidential Immunity during tenure remains as part of the law Disregarded was expansive notion of immunity in the Marcos constitution 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 m1anner as the President. The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation. Function of the vice-president his only constitutional function is to be on hand to act as president when needed or to succeed to the presidency in case of a permanent vacancy in the office The president may also appoint him as a member of the cabinet does not need the consent of the commission on appointments 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 successive 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 days of the election open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. 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 VicePresident, and may promulgate its rules for the purpose. How are the president and vice-president elected by direct vote of the people Congress proclaims the presidential and vice-presidential winners not the comelec Adjournment terminates legislation but not non-legislative functions of congress Supreme court judge relating to the election, returns and qualifications of the president or vice-president The supreme court and presidential electoral tribunal are one and the same Election protest only the registered candidate for president or vice-president of the Philippines who may contest the election of the president or the vice-president, as the case may be, by filing a verified petition with the clerk of the presidential electoral tribunal within 30 days after the proclamation of the winner Only the 2nd and 3rd placers may contest the election Terms of the president and vice-president 6 years which begins at noon on the 13th day of June next following the day of the election it will end at noon of the same date 6 years thereafter Section 5 Before they enter on the execution of their office, the President, the Vice-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.) of the president sworn in the oath: Fulfill his duties Preserve and defend the Constitution Execute the laws Do justice to every man Consecrate himself to the service of the nation. If a President shall not have been chosen, the Vice-President-elect shall act as President until shall have been chosen and qualified. If at the beginning of the tem of the President, the President-elect shall have died or shall become permanently disabled, the Vice-President-elect shall become President. Where no President and Vice-President shall have been chosen as 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. Situations of vacancy: The vice-president becomes acting president until a president qualifies o 1st when a president has been chosen but he fails to qualify at the beginning of his term o 2nd when no president has yet been chosen at the time he is supposed to assume office the vice-president-elect becomes president o 3rd when the president-elect dies or is permanently incapacitated before the beginning of his term the senate president or the speaker (in that order) acts as a president or vice-president o 4th when both the president and vice-president have not been chosen or have failed to qualify o 5th when both shall have died or become permanently incapacitated at the start of their term Congress will decide by law who will act as president until a president or vice-president shall have been elected and qualified o When the senate president or the speaker shall have died or are unable to assume office 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 VicePresident, 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

Obligations

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. 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.


qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President. Situations of vacancy: The vice-president becomes the president o 1st when the incumbent president dies or is permanently disabled, removed or resigns The senate president or the speaker shall act as president or vicepresident until a president or vice-president shall have been elected and qualified o 2nd when both president and the vice-president die or are permanently disabled, are removed or resign the congress will determine by law who will act as president until a new president or vice-president shall have qualified o 3rd when the acting president dies or permanently incapacitated, is removed or resigns 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. The president shall nominate a vice-president From among the members of the senate and the house of representatives o Majority vote of all the members of the houses voting separately Section 10 The Congress shall, at ten oclock in the morning of the third day after the vacancy in 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 sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special application shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article 6 of this Constitution. The convening of the Congress cannot be suspended not 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. Guidelines for special elections of in case of a vacancy in the offices of the president or vice-president: Congress must convene at 10am, three days after the vacancy occurs Within 7 days, they must enact a law for special elections Elections must be held from 45 to 60 days from the enactment of the law Characteristics of this special election: It doesnt need Presidential approval, because there is no President anyway The expenses will be charged against current appropriations The convening of Congress cannot be postponed The special elections cannot be postponed, as well Elections will not be held if the vacancy occurs within 18 months of the next regular elections

Section 11 Whenever the President transmits to the President of the Senate and Speaker of the House of Representative 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 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. 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 continue exercising the powers and duties of his office.

Procedures with regard to the disability of the president: The President personally informs the heads of both Houses of Congress of his disability through a written declaration This will be effective until he declares to the contrary Vice President will serve as Acting President The majority of the Cabinet allege to the heads of both Houses of Congress of the Presidents disability through a written declaration The Vice-President will automatically serve as Acting President Contested disability: After the declaration of the Cabinet, the President may inform both heads of Congress that no disability exists and automatically reassumes the Presidential duties. Within 5 days, the Cabinet may contest his declaration


Congress shall convene within 48 hours of the contest, and within 10 days if in session or 12 days if not, shall take a 2/3 vote of both Houses voting separately if the President shall continue or shall be replaced by the Vice-President. Limitation to appointment of the acting president the appointments of the Acting President shall remain effective unless revoked by the elected President within 90 days of assuming office. 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. Midnight appointments 2 months before the next presidential elections, the president shall not make appointments Exemptions: o Temporary appointments to executive positions o Appointments to the supreme court The prohibition only applies to presidential appointments not on local elective officials 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 of the Government 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 disapproval by the Commission on Appointments or until the next adjournment of the congress Types of presidential appointments: Those that need the concurrence of the Commission on Appointments: o The heads of the executive departments o Ambassadors o Other public ministers and consuls o Officers of the armed forces from the rank of colonel or naval captain o Other officers whose appointments are vested in him in this Constitution (regular members of the Judicial and Bar Council, Chairman and Commissioners of the Civil Service Commission and the Commissions of Elections and Audit) Those that need not the concurrence of the Commission on Appointments: o All other officers of the Government whose appointments are not otherwise provided by law o Those whom the President may be authorized by law to appoint

Section 12 In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness. Office of the president would be responsible for making the disclosure If the president is ill the members of the Cabinet for National Security and the Chief of Staff of the Armed Forces may not be denied access to the President, during such illness. 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 interest in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or special 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. Prohibition from holding other offices: The President, Vice-President, members of the Cabinet, deputies and assistants are prohibited from holding other office, practice professions, participate in business or in privileges granted by the Government. o An exception to this is that the Vice-President may also be appointed to the Cabinet as prescribed by the Constitution. Ex-oficio position is one, which an official holds but is germane to the nature of the original position. It is by virtue of the original position that he holds the latter, therefore such is constitutional. Prohibition with regard to nepotism relatives of the President within the 4th civil degree of consanguinity cannot be appointed to the Constitutional Commissions, Office of the Ombudsman, department secretaries and undersecretaries, heads of bureaus or offices and government owned and controlled corporations. Section 14 Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or resumption of power.


Officers lower in rank whose appointments the Congress may by law vest in the President alone. Legislature may create an office and prescribe the qualifications of the person who may hold the office, but it may neither specify who shall be appointed to such office nor actually appoint him o Ad-interim appointments 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 disapproval by the Commission on Appointments or until the next adjournment of the congress permanent appointments Difference between an ad-interim appointment and an appointment in an acting capacity Ad interim Acting capacity Refers only to positions which need Given to those which do not need conformation by the committee on conformation appointment May be given only when the congress is May be given even when congress is in not in session session Alter ego whether temporary or permanent, holds a position of great trust and confidence Section 17 The President shall have control of all the Executive Departments, Bureaus and Offices. He shall ensure that the laws be faithfully executed. Power of 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 the judgment of the former for that of the latter President executive government of the Philippines To reverse the judgment of an inferior officer It is not absolute Is not the source of executives disciplinary power over the person of his subordinates. Rather, his disciplinary power flows from his power to appoint the power to remove is inherent in the power to appoint Executive has control over the judgment or discretion of his subordinates Legislative has control over their person Doctrine of political agency the constitution has established a single and not a plural executive, postulates that all executive and administrative organizations are adjuncts of the executive department, the heads of the various executive departments are assistants and agents of the chief executive, and, except in cases where the chief executive is required by the constitution or law to act in person or the exigencies of the situation demand that he personally, the multifarious executive and administrative functions of the chief executive are performed by and through the executive departments Reorganization can involve the reduction of personnel Consolidation of offices Abolition of positions by reason of economy or redundancy of functions He shall make sure that the laws be faithfully executed the president can do whatever is needed to ensure that laws, general or special, are followed Power of supervision power of a superior officer to ensure that the laws are faithfully executed by inferiors Does not include the power of control; but the power of control necessarily includes the power of supervision Section 18 The President shall be the Commander-in-Chief of all the Armed Forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period of not exceeding sixty days, suspend t he privilege of the Writ of Habeas Corpus or place the Philippines or any part thereof under Martial Law. Within forty-eight hours from the proclamation of Martial Law or the suspension of the privilege of the Writ of Habeas Corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress ma, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call. 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 be 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, not 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 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 has the power to direct military operations and to determine military strategy Authorized to direct the movements of the naval and military forces placed by law at his command and to employ them in the manner he


may deem most effectual to harass and conquer and subdue the enemy Military powers given to the president as the commander-in-chief: To call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion To suspend the privilege of the writ of habeas corpus To place the Philippines or any part thereof under martial law Writ of habeas corpus a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, submit to, and receive whatever the court or judge awarding the writ shall consider in that behalf An essential requisite for the availability of the writ is actual deprivation of personal liberty Privilege of habeas corpus is the right to have an immediate determination of the legality of the deprivation of physical liberty The writ is never suspended, what is suspended is the privilege of the writ o The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in in or directly connected with invasion o The person arrested or detained shall be judicially charged within 3 days, otherwise he shall be released Martial law is essentially police power Public safety as the object of the exercise of martial law Police power is normally a function of the legislature executed by the civilian executive arm Under martial law, police power is exercised by the executive with the aid of the military and in place of certain governmental agencies which for the time being are unable to cope with existing conditions in a locality which remains subject to the sovereignty Requisites for the imposition of martial law: Existence of actual invasion or rebellion Requirements of public safety Conclusions of the Marcos supreme court: The proclamation of martial law automatically suspends the privilege of the writ of habeas corpus That the president of the Philippines as commander-in-chief and as enforcer or administrator of martial law can promulgate proclamations, orders and decrees during the period of martial law essential to the security and preservation of the republic to the defense of the political and social liberties of the people and to the institution of reforms to prevent the resurgence of rebellion or insurrection or secession or the threat thereof as well as to meet the impact of a world recession, inflation or economic crisis which presently threatens all nations including highly developed countries That the president of the Philippines as a legislator during the period of martial law, can legally create military commissions or courts martial to try not only members of the armed forces but also civilian offenders for specified offenses Limitations to the impositions of martial law: A time limit of sixty days Review and possible revocation by Congress Review and possible nullification by the Supreme Court On-the-spot decisions may be imperatively necessary in emergency situations to avert great loss of human lives and mass destruction of property 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. Executive clemency is a tacit admission that human institutions are imperfect and that there are infirmities in the administration of justice Instrument for correcting these infirmities and for mitigating whatever harshness might be generated by a too strict application of law Forms of executive clemency: - terminates the appeal Reprieves postpones the execution of an offense to a day certain Commutations is a remission of a part of the punishment o Substitution of a less penalty for the one originally imposed Pardons act of grace, proceeding from the power entrusted with the execution of laws, which exempts the individual on whom it is bestowed from the punishment law inflicts for a crime he committed Is a deed of validity of which delivery is essential and delivery is not complete with acceptance o Absolute pardon is complete even without acceptance o Conditional pardon has no force until accepted by the condemned Removes all penalties and legal disabilities. But it does not restore legal office already forfeited o No effect until the conviction is to be final Remission of fines and forfeitures merely prevents the collection of fines or the confiscation of forfeited property Amnesty commonly denotes the general pardon to rebels for their treason and other high political offenses; or the forgiveness which one sovereign grants to the subjects of another, who have offended by some breach of the law of nations o It is a general pardon or intention overlooking of its authority to impose penalties on person otherwise guilty of evasion or violation or revenue or tax law, and as such partakes of an absolute forgiveness or waiver by the government of its right to collect what otherwise would be due to it (Republic vs Intermediate Appellate Court) Difference between pardon and amnesty Pardon Amnesty Private act of the President upon a Public act provided to a certain group or specific convict class Bestowed to all kinds of felons Granted normally to political offenders Needs no concurrence of Congress Requires the concurrence of Congress Bestowed upon final judgment Requires an acceptance of guilt Obliterates the sentence Obliterates the crime Constitutional limits on executive clemency


It cannot be exercised over cases of impeachment A grant of amnesty must be with the concurrence of a majority of all the members of the congress No pardon, amnesty, parole or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the president without favorable recommendation of the commission on elections Basis for the general appropriations bill the budgets of receipts and expenditures prepared by the president Sources of financing that financing can come from the sources other than revenue measures 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.

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 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 of government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law. Section 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. Foreign relations powers of the president: Power to negotiate treaties and international agreements Power to appoint ambassadors and other public ministers and consuls Power to receive ambassadors and other public ministers accredited to the Philippines Power to contract and guarantee foreign loans on behalf of the Republic Power to deport aliens Types of agreements: Permanent and original needs senate concurrence Temporary or are merely implementations of treaties or statutes don not need concurrence Extradition proceeding is not a criminal prosecution, and the constitutional safeguards that accompany a criminal trial in this country do not shield an accused from extradition pursuant to a valid treaty Not criminal in character and the evaluation stage in an extradition proceeding is not akin to a preliminary investigation, the due process safeguards in the latter do not necessarily apply to the former Power to deport aliens is lodged in the president It is vested in the executive by virtue of his office, subject only to the regulations prescribed by section 69 of the revised administrative code or to such future legislation as may be promulgated on the subject Intention of the law to grant the chief executive full discretion to determine whether an aliens residence in the country is so undesirable as to effect or inure the security, welfare or interest of the state Section 22 The President shall submit to the Congress within thirty days from the opening of every regular session, as the basis of the General Appropriations Bill, a budget of receipts and expenditures and sources of financing, including receipts from existing and proposed revenue measures.