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- Legislative power the power to propose, enact, amend
and repeal laws

1) Exercised not more than once a year

- Vested in Congress except to the extent reserved to the

people by the provision in initiative and referendum
People can directly propose and enact laws or
approve or reject any act or law or part thereof
passed by the Congress or local legislative body after
the registration of a petition thereof signed by at least
10 per centum of the total number of registered
voters, of which every legislative district must be
represented by at least 3 per centum of the
registered voters.
Initiative power of the people to propose
amendments to the Constitution or to propose and
enact legislation through an election called for that

File a petition with Regional Assembly or local

legislative body
Limitation on Local Initiative

2) Extend only to subjects or matters which are

within the legal powers of the local legislative
body to enact
3) If at any time before the initiative is held, the
local legislative body shall adopt in toto the
proposition presented, the initiative shall be

Composition of Congress: Senate and House of


Senate: 24 senators, elected at large by qualified


1) Initiative on the Constitution

2) Initiative on Statutes
3) Initiative on local legislation
Indirect Initiative exercise of initiative by the people
through a proposition sent to Congress or local
legislative body for action

Referendum power of the electorate to approve or

reject legislation through an election called for that

1) Referendum on Statutes
2) Referendum on local legislation

Prohibited measures
1) Petition embracing more than one subject
2) Involving emergency measures, the enactment
of which is specifically vested in Congress by
the Constitution, cannot be subject to
referendum, until 90 days after effectivity

Local Initiative,
Not less than 2,000 registered voters
in case of autonomous regions
1,000 in provinces and cities
100 in municipalities
50 in baranagays

1) Natural-born
2) On the day of the election, at least 35
years of age
3) Able to read and write
4) Registered voter
5) Resident of the Philippines for not less
than 2 years immediately preceding the
day of the election
Term: 6 years, commencing at noon on 30 th
day of June next following their election
Limitation: no senator shall serve for more than
2 consecutive terms. Voluntary renunciation of
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 elected.

House of Representatives: not more than 250,

unless otherwise provided by law

1) District representative
2) Party-list representative
3) Sectoral representative

Apportionment of legislative district is a

justiciable question

(Provinces and cities and Metro Manila

area) Apportionment shall be made in

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accordance with the number of respective
inhabitants on the basis of a uniform and
progressive ratio.

Immigration to the US by virtue of a green

card constitutes abandonment of domicile in
the Philippines. (Caasi vs. COMELEC)

Each city with not less than 250,00

inhabitants entitled to at least 1 rep

Term: 3 years, commencing at noon on the 30 th

day of June next following their election,

Each province, irrespective of number of

inhabitants entitled to at least 1 rep

Limitation: shall not serve for more than 3

consecutive terms.

Each legislative district shall comprise, as far

as practicable, compact, contiguous and
adjacent territory.

Congress to make reapportionment of

legislative districts within 3 years following
return of every census.

Constitution does not preclude Congress from

increasing its membership by passing a law
other than a general apportionment law.

Reapportionment of legislative districts may be

made through a special law.


1) Natural-born Filipino citizen

2) At the day of the election, at least 25 years
3) Able to read and write
4) Except the party-list representative, a
registered voter in the district in which he
shall be elected
5) Resident thereof for not less than 1 year
immediately preceding the day of the
1) Minor follows domicile of parents
2) Domicile of origin is lost only when there is
a. actual removal or change of
b. bona fide intention of abandoning
the former residence and
establishing a new one
c. acts which corresponds with the
3) Wife does not automatically gain
husbands domicile
(Aquino v. Comelec)

Party-List System: mechanism for proportional


Party: political party, sectoral party or coalition

of parties

Political Party: organized group of citizens

advocating an ideology or platform, principles
and policies for the general conduct of
government and which, as the most immediate
means of securing their adoption, regularly
nominates and supports certain of its leaders
and members as candoidates for public office.

National Party: constituency is spread over the

geographical territory of at least a majority of
the regions.

Regional Party: constituency is spread over the

geographical territory of at least a majority of
the cities and provinces comprising the region.

Sectoral Party: (LUFEP-WHIP-VY) organized

group of citizens belonging to any of the
following: labor, urban poor, fisherfolk, elderly,
peasants, women, handicapped, indigenous
cultural communities, overseas workers and
professionals, veterans and youth.

Sectoral Organization: group of citizens or a

coalition of groups of citizens who share similar
physical attributes, characteristics,
employment, interest or concern.

Coalition: aggrupation of duly registered

national, regional, sectoral parties or
organization for political and/or election

Registration/Manifestation to Participate in the

Party-List System

90 days prior to election, petition verified by its

President or Secretary

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If already registered, file instead a

manifestation of its desire to participate in the
party-list system

Refusal and/or Cancellation of Registration (motu

proprio or upon verified complaint filed by any
interested party; after due notice and hearing)

Religious sect/denomination
Advocate violence to attain goal
Foreign party/organization
Receives support from foreign party/org
Declares untruthful statement in its petition
Violates or fails to comply with election
laws, rules and regulations
7) Failed 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
8) Ceased to exist for at least 1 year

Only persons who have given their consent may

be included in the list

Not include any candidate for elective position,

or who lost the immediately preceding election

No change allowed except:

1) Dies
2) Withdraws in writing
3) Becomes incapacitated
Incumbent who are nominate are NOT
considered resigned.
Qualifications of a Party-list nominee
Natural-born citizen
Able to read and write
Registered voter
Resident of the Philippines at least 1 year
immediately preceding the day of the
5) Bona
party/organization which he seeks to
represent at least 90 days preceding the
day of the election

In determining the allocation of seats for the

second vote:
1) Parties, organizations and coalitions shall
be ranked from the highest to the lowest
cased on the number of votes they garnered
during the election
2) Parties, organizations and coalitions
receiving at least 2% of the total votes cast
for the party-list system shall be entitled to
1-seat each, those garnering more than 2%
of the votes shall be entitled to additional
seats in proportion to their total number of
3) Each party, organization or coalition shall be
entitled to not more than 3 seats

Nomination of a party-list representative: each

registered party, organization or coalition must
submit a list of names to the COMELEC not later
than 45 days before the election.
Not less than 5

6) At least 25 years old at the day of the

7) Youth sector at least 25 but not more
than 30. If during his term reaches the age
of 30, he shall be allowed to continue until
expiration of term.
Manner of Voting every voter entitled to two
votes, 1 for member of the House and 1 for the
party, organization or coalition.
Number 20% of the total number of the members
of the House including those under the party-list.


4 inviolable parameters:
1) 20% allocation: combined number of
all party-list congressmen shall not
exceed 20% of the total membership
of the House
2) 2% threshold: only those parties
garnering a minimum of 2% of the
total valid votes cast for the party-list
system are qualified to have a seat
3) 3-seat limit: each qualified party,
regardless of the number of votes it
actually obtained, is entitled to a
maximum of 3 seats
4) Proportional representation: additional
seats which a qualified party is entitled
to shall be computed in proportion to
their number of votes.
In order that a political party registered under
the party-list system may be entitled to a seat
in the House:

1) Represent the marginalized

represented sector



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2) Major political parties must comply with this
statutory policy
3) Constitutional prohibition against religious sect
4) Not disqualified under RA7941
5) Not adjunct or project funded by government
6) Party and its nominees must comply with the
requirements of the law
7) Nominee must also represent the marginalized
and under-represented sector
8) Nominee must be able to contribute to the
formulation and enactment of appropriate

2) Privilege of Speech and of Debate

Not be questioned nor be held liable in any
other place for any speech/debate in the
Congress or in any committee.
Held to account for such speech or debate
by the House to which he belongs
1) Incompatible Office

Choosing Party-List Representative: proclaimed by

COMELEC based on a list of names submitted by
respective parties, according to their ranking in the
Effect of Change of Affiliation

Changes affiliation during term forfeiture of


IF w/in 6 months before election, he shall not

be eligible for nomination under new party

Vacancy automatically filled by the next rep from

the list of nominees and shall serve for the
unexpired term. If the list is exhausted, the party,
organization or coalition shall submit additional

2) Forbidden Office
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.
Last only for the duration of the term for which
the member of Congress was elected.
Other Inhibitions

Term of Office: term of 3 years and shall be entitled

to same salaries and emoluments as regular
members of the House.


Regular: 2nd Monday of May

Special: to fill a vacancy; serve for the unexpired


Not hold any other office or employment

Forfeiture of the seat in Congress
automatically upon assumption of
incompatible office.
N/A if he holds the government office in an ex
officio capacity

not personally appear as counsel before any

court, ET, quasi-judicial or other administrative
not be directly or indirectly interested
financially in any contract with, or any franchise
or special privilege granted by the Government
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.

Determined by law.
No increase in said compensation shall take effect
until after the expiration of the term of all the
members of the Senate and House approving such

1) Freedom from Arrest
Offenses punishable by not more than 6
years imprisonment, be privileged from
arrest while Congress is in session.

Regular: convene once a year on the 4th Monday of

July unless a different date is fixed by law; and shall
continue for such number of days as it may
determine until 30 days before the opening of its
next regular session, exclusive of Saturdays,
Sundays and legal holidays.

Special: call by president usually to consider

legislative measure which the President may
designate in his call

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such determination, the same being a political


1) Voting Separately

Choosing the president

Determine disability of the president
Confirming nomination of VP
Declaration of the existence of a state of
Proposing constitutional amendments

2) Voting Jointly
a. Revoke/extend proclamation suspending
the privilege of the writ of HC
b. Or placing the Philippines under martial law

Adjournment neither House during the sessions

of the Congress shall, without the consent of the
other adjourn for more than 3 days nor to any other
place than that in which the 2 Houses shall be


Senate elects its President

House elects its Speaker
Each nay choose such other officers as it may
deem necessary

Records and Books of Accounts

Preserve and open to public

Books shall be audited by COA which shall publish

annually an itemized list of amounts paid to and
expenses incurred by each member.

Legislative Journal and Congressional Records

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

And the yeas and nays on any question shall, at the

request of 1/5 of the Members present, be entered
in the Journal.

Each House shall also keep a Record of its


Matters which under the Constitution are to be

entered in the journal:


Majority of each House

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 determine
Quorum in the Senate shall be the total number of
Senators who are in the country and within the
coercive jurisdiction of the Senate.

Rules of Proceedings

Each House determined the rules of its


Discipline of Members

House may punish its members for disorderly

behavior, and with concurrence of 2/3 of all its
members, suspend (for not more than 60 days) or
expel a member.

Determination of acts which constitute disorderly

behavior is within the full discretionary authority of
the House concerned, and the Court will not review


Yeas and nays on 3rd and final reading of a

Veto message of the President
Yeas and nays on the repassing of a bill
vetoed by the President
Yeas and nays on any question at the
request of 1/5 of members present.

Enrolled Bill Theory: enrolled bill is one duly

introduced and finally passed by both Houses,
authenticated by the proper officers of each and
approved by the President.

Enrolled Bill prevails, except to matters which under

the Constitution must be entered in the Journal.

Electoral Tribunals


3 SC Justices designated by CJ, the senior

justice shall be the chairman
b. 6 members of the house, chosen on the
basis of proportional representation from
the political parties registered
Non-partisan court; independent of Congress
Termination of Membership:

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Expiration of congressional term

Resignation from political party
Formal affiliation to another political
e. Removal for other valid causes
Cannot disqualify senator-member just because
election contest is filed against him. (Abbas vs.
Senate ET)
Doctrine of Primary Administrative Jurisdiction,
prior recourse to the House is necessary before the
case may be brought to the Court.
Power: sole judge of all contests relating to the
election, returns and qualifications of their
respective members.
HRET may assume jurisdiction only when after the
winning candidate shall have been duly proclaimed,
has taken oath of office, and has assumed
functions of the office.

- Limitations:

a. Bill of rights
b. Appropriations
c. Taxation
d. Constitutional appellate jurisdiction of SC
e. No law granting a title of royalty or nobility
shall be passed

a. Non-delegation of powers
b. Prohibition
irrepealable laws



a. Only one subject to be expressed in the title
- Title is not required to be an index of the
contents of the bill
- Sufficient compliance if the title expresses the
general subject and all the provisions of the
statute are germane to thee subject
- Sufficient if the title is comprehensive enough,
as in this case, to include subjects related to
the general purpose which the statute seeks to
- Rider is a provision not germane to the subject
matter of the bill.

Decisions may be reviewed by SC by showing grave

abuse of discretion in a petition for certiorari filed
under R65.

Commission on Appointment



a. Senate President, ex-officio chairman

b. 12 senators
c. 12 house
* b and c elected by each House on the basis of
proportional representation from the political parties

b. Three readings on separate days

- Printed copies of bill in its final form distributed
to Members 3 days before its passage

Powers act on all appointments submitted to it

within 30 session days of Congress from their

- EXCEPT when the President certifies to its

immediate enactment to meet a public
calamity or emergency

Shall rule by majority vote of its members

Meet only while Congress is in session

- Upon last reading, no amendment allowed, and

vote thereon taken immediately and the yeas
and nays entered in the journal

At the call of its Chairman or majority of all its


Independent of the 2 Houses and has the power to

promulgate its own rules of proceedings.

Powers of Congress
1.General (plenary) legislative power

Presidential certification dispensed with the

requirement not only of printing but also that of
reading the bill on separate days.

3. Legislative Process
- Requirements as to bill

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Only 1 subject to be expressed in the title

Appropriation, revenue bills, tariff bills, bills of

local application, bills authorizing increase of
public debts and private bills shall originate
exclusively in the House of Representative.

It is not the law, but the bill, which is required

to originate exclusively in the House, because
the bill may undergo such extensive changes in
the Senate that the result may be a rewriting of
the whole.

The Constitution does not prohibit the filing in

the Senate of a substitute bill in anticipation
of its receipt of the bill from the House, so long
as the action by the Senate as a body is
withheld pending receipt of the House bill.

Procedure: passed 3 readings on separate days, and

printed copies in its final form have been distributed
to its Members 3 days before its passage EXCEPT
when President certifies to the necessity of its
immediate enactment to meet a public calamity or

It is within the Bicameral Conference

Committee to include in its report an entirely
new provision that is not found either in the
House or Senate bill.

If the Committee can propose an amendment

consisting of 1 or 2 provisions, there is no
reason why it cannot propose several
provisions, collectively considered as an
amendment in the nature of a substitute so
long as the amendment is germane to the
subject of the bills before the Committee.

Jurisdiction of the Conference Committee is not

limited to resolving differences between the Senate
and the House versions of the bill. It may propose
an entirely new provision.

Courts are denied the power to inquire into

allegations that, in enacting a law, a House of
Congress failed to comply with its own rules, in
the absence of any showing that there was a
violation of constitutional requirements or the
rights of private individuals.

Approval of Bills

The bill becomes a law in the following cases:

a. President approves the same and signs it.

b. Congress overrides the Presidential veto

if the President disapproves the bill, he
shall return the same, with his
objections contained in his Veto
message to the House of origin (which
shall enter the objections at large in its
Journal). The veto is overridden upon a
vote of 2/3 of all members of the House
of origin and the other House. Yeas and
Nays entered in the Journal of each

No pocket veto.
Partial veto, as a rule, is invalid. It is
allowed only for particular items in
an appropriation, revenue or tariff
bill. The President cannot veto part
of an item in an appropriation bill
while approving the remaining
portion of the item.

Legislative Veto a congressional veto is a

means whereby the legislature can block or
modify administrative action taken under a
statute. It is a form of legislative control in the
implementation of particular executive action. It
may be negative (subjecting the executive action
to disapproval by Congress) or affirmative
(requiring approval of the executive action by
c. When the President fails to act upon the bill
for 30 days from receipt thereof, the bill
shall become a law as if he had signed it.
1. Power of Appropriation
Spending power called the power of the
purse belongs to Congress subject only to
the veto power of the President.
It is the President who proposes the budget,
the final say on the matter of appropriation
is lodged in Congress.

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The power of appropriation carries with it the
power to specify the project/activity to be
funded under the appropriation law.
Need for appropriation NO money shall be
paid out of the Treasury except in pursuance of
an appropriation made by law.
Indispensable requisites or condition sine qua
non for the execution of government contracts:
a. Existence of appropriation
b. Availability of funds
Appropriation law a statute the primary and
specific purpose of which is to authorize the
release of public funds from the Treasury.
1) General Appropriations Law passed
annually, for the financial operations of
the government.
2) Special Appropriations Law for specific
Implied Limitation on Appropriation
1) Appropriation must be devoted to
public purpose
2) Sum authorized to be released must be
determinate or at least determinable
Decree do not specify the specific
amounts to be paid, the amounts
are nevertheless made certain by
the legislative parameters provided
in the decrees.
The mandate being only to pay the
principal, interest, taxes and other
normal banking charges.
Constitutional Limitation on Special
Appropriation Measure
1) Specify the public purpose for which the
sum is intended
2) Must be supported by funds actually
available as certified to by the National
Treasurer or to be raised by a
included therein.
Appropriations Law

i. Congress may not increase the appropriations

recommended by the President for the
operation of the Government.
ii. The form, content and manner of preparation
of the budget shall be prescribed by law.
iii. No provision or enactment shall be embraced
unless it relates specifically to some particular
appropriation. Any such provision or
enactment shall be limited in its operation to
the appropriation to which it relates. This is
intended to prevent riders or irrelevant
provisions included in the bill to ensure its
iv. Procedure for approving appropriations for
Congress shall strictly follow the procedure for
departments and agencies. (to prevent sub
rosa appropriation by Congress)
v. Prohibition against transfer of appropriations
1) President
2) Senate President
3) Speaker
4) Chief Justice
5) Heads of Constitutional Commission
By law, be authorized to augment any item
in the general appropriation law for their
respective offices from savings in other
items of their respective appropriations.
vi. Prohibition against appropriation for
sectarian benefit
Exception: priest, preacher, minister or
dignitary is assigned to the armed forces or
to any penal institution or government
orphanage or leposarium.
vii. Automatic reappropriation
If Congress failed to pass the general
appropriations bill for the ensuing year, the
general appropriations bill for the preceding
fiscal year shall be deemed re-enacted until
said bill is passed.
Impoundment the refusal by the President
for whatever reason to spend funds made
available by Congress. It is the failure to

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spend or obligate budget authority of any

Appropriation Reserves the Administrative
Code authorizes the Budget Secretary to
establish reserves against appropriations to
provide for contingencies and emergencies
which may arise during the year.
This is expenditure deferral not
suspension, since the agencies concerned
can still draw on the reserves if the fiscal
outlook improves.
Power of Taxation
1. uniform and equitable evolve a
progressive system of taxation
2. charitable institutions, etc. and all lands,
buildings and improvements actually,
directly and exclusively used for religious,
charitable or educational purposes shall be
exempt from taxation.
3. all revenues and assets of non-stock, nonprofit educational institutions used directly,
actually and exclusively for educational
purposes shall be exempt from taxation.
4. Law granting tax exemptions shall be passed
only with concurrence of majority of all
members of Congress
Power of Legislative Investigation
Conduct inquiries in aid of legislation.
Rights of persons appearing in or affected by
such inquiries shall be respected.
1. in aid of legislation
2. in accordance with duly published rules
of procedure
3. Rights of persons appearing in, or
affected by such inquiry shall be
Power to punish for contempt: Senate being a
continuing body may order imprisonment for an
indefinite period, but principles of due process
and equal protection will have to be considered.
Question Hour

Heads of the departments may upon their own

initiative with the consent of the President OR
upon the request of wither House, as the rules
of each House shall provide, appear before and
be heard by the House on any matter
pertaining to their departments.
Written questions submitted to the Senate P or
Speaker, 3 days before the scheduled
Interpellations shall not be limited to the
written questions, may cover matters related
When the security of the State or the public
interest so requires, may be held in executive
5. War Powers
Declaration of the existence of state of war
2/3 of both Houses in joint session, voting
6. Power to act as Board of Canvassers in election of
7. Power to call a Special Election for President and
8. Power to judge the Presidents physical fitness to
discharge the functions of Presidency
9. Power to revoke or extend suspension of the
privilege of the writ of HC or declaration of martial
10. Power to concur in Presidential amnesties
Concurrence of majority of all
members of the Senate
11. Power to concur in treaties or international
2/3 of all the members of the Senate
12. Power to confirm certain appointments by the
in the event of vacancy in the Office of VP,
from among members of Congress
confirmed by majority vote of all the
Members of both Houses of Congress,
voting separately.
Nominations by President under Sec 16,
Article 7 confirmed by Commission on

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13. Power to impeachment
14. Power relative to natural resources
15. Power to propose amendments to the


The creation of a separate congressional district for
Mandaluyong is not a subject separate and distinct from
the subject of its conversion into a highly urbanized city,
but is a natural and logical consequence of such
Mere absence of an individual from his permanent
residence without the intention to abandon it does not
result in a loss or change of domicile.
The SC ABANDONED the Panganiban formula adopted in
the case of Veterans v. COMELEC (aka Veterans
PARTY-LIST SYSTEM and adopted a new formula.
The party-list system is a social justice tool designed not
only to give more law to the great masses of our people
who have less in life, but also to enable them to become
veritable lawmakers themselves, empowered to
participate directly in the enactment of laws designed to
benefit them. It intends to make the marginalized and
the underrepresented not merely passive recipients of
the State's benevolence, but active participants in the
mainstream of representative democracy.

The party-list system is not synonymous with that of the

sectoral representation. The disqualification of
petitioners, and their nominees, under such
circumstances is contrary to the 1987 Constitution and
R.A. No. 7941.
That the increased compensation provided by
Republic Act No. 4134 is not operative until December
30, 1969 when the full term of all members of the
Senate and House that approved it on June 20, 1964 will
have expired" by virtue of the constitutional mandate in
Section 14, Article VI of the 1935 Constitution which
provides that "No increase in said compensation shall
take effect until after the expiration of the full term of
all the members of the Senate and of the House of
Representatives approving such increase."
Under Section 17 of Article VI of the 1987 Constitution,
it is the House Electoral Tribunal which shall be the sole
judge of all contests relating to the election, returns and
qualification of its members.
There are four (4) groups of officers whom the President
shall appoint. These four (4) groups are:
First, the heads of the executive departments,
ambassadors, other public ministers and consuls,
officers of the armed forces from the rank of colonel or
naval captain, and other officers whose appointments
are vested in him in this Constitution;
Second, all other officers of the Government whose
appointments are not otherwise provided for by law;
Third, those whom the President may be authorized by
law to appoint;
Fourth, officers lower in rank whose appointments the
Congress may by law vest in the President alone.

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A conference committee may, deal generally with the

subject matter or it may be limited to resolving the
precise differences between the two houses. Even
where the conference committee is not by rule limited
in its jurisdiction, legislative custom severely limits the
freedom with which new subject matter can be inserted
into the conference bill. But occasionally a conference
committee produces unexpected results, results beyond
its mandate, These excursions occur even where the
rules impose strict limitations on conference committee
jurisdiction. This is symptomatic of the authoritarian
power of conference committee.


Mandamus does not lie to enforce the performance of
contractual obligations, especially where disbursement
of public funds is concerned.



The power of the Senate Blue Ribbon Committee is

limited to inquiries in aid of legislation and not to
inquiries involving private transactions for other


The President
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. resident of the Philippines for at least 10 years
immediately preceding such election
- Regular Election: 2nd Monday of May
- Congress as Board of Canvassers

Returns of every election for President and VP,

duly certified by Board of Canvassers of each
province or city shall be transmitted to
Congress directed to Senate President.
SP, upon receipt, shall not later than 30 days
after the day of the election, open all the
certificates in the presence of the Senate and
House in joint public session.
Congress upon determination of the
authenticity and due execution, shall canvass
the votes.
Congress shall promulgate its own rules.
2 or more candidates shall have an equal and
highest number of votes, one of them shall be
chosen by a majority vote of all members of
Congress has the authority to proclaim the
winning candidates for the position of President
and Vice President
Congress may delegate the initial determination
of the authenticity and due execution of the
certificate of canvass to a Joint Congressional
Committee, composed of members of the House
and Senate
The decisions and final report of the Committee
shall be subject to the approval of the joint
session of both Houses if Congress, voting
Even if Congress has adjourned its regular
session it may continue to perform this
Constitutional duty of canvassing the
presidential and vice-presidential election
results without need of any call for a special
session by the President.
The joint public session cannot adjourn sine die
until it has accomplished its constitutionally
mandated task.
No constitutional or statutory basis for
COMELEC to undertake a separate and an
unofficial tabulation of results descends to
the level of private organization while using
public funds, violates exclusive prerogative of
NAMFREL and taints integrity of envelopes
containing ER and the ERs themselves.
SC as Presidential Electoral Tribunal
SC, en banc
Sole judge of all contests relating to the
election, returns and qualifications of the
President or VP
Promulgate its own rules

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Term of Office: 6 years

- No re-election
- No person who has succeeded as President and
has served for more than 4 years shall be
qualified for election to the same office at any
1. Official Residence
2. Salary
- Determined by law
- Shall not be decreased during tenure
- No increase shall take effect until after
expiration of the term of the incumbent
during which such increase was approved.
3. Immunity from Suit
- President is immune from suit
- May not be prevented from instituting a suit
- Immune from civil liability
- After tenure, cannot invoke immunity from
suit for civil damages arising out of acts
done by him while he was President which
was not performed in the exercise of official
- Department Secretaries, though alter egos,
cannot invoke Presidents immunity from
1. Not receive any other emoluments from the
government or nay other source
2. Not hold any other office or employment, unless
provided in this Constitution
- VP may be appointed to the Cabinet without
need of confirmation from Commission on
- Secretary of Justice is ex-officio member of
Judicial and Bar Council
- Secretary of Labor ex-officio member of BOD
- Secretary of TC ex-officio Chairman of PPA
and LRTA
- Prohibition must not be construed as applying to
poses occupied by Executive officials without
additional compensation in an ex-officio
capacity, as provided by law and as required by
the primary functions of the said officials office.

These posts do not comprise any other office

but is an imposition of additional duties and
functions on said official.
3. Not directly or indirectly practice any other
profession, participate in any business or be
financially interested in any contract, franchise
or special privilege
4. Strictly avoid conflict of interest in the conduct
of their office
5. May not appoint Spouse or Relatives by
consanguinity or affinity within the fourth civil
degree as
a. Members of Constitutional Commissions
b. Office of the Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairman/heads
Rules on Succession
- Vacancy at the BEGINNING of term
President elect

VP-elect shall

President-elect fails to qualify

VP-elect shall act

as President until
shall have

President shall not have been chosen

VP-elect shall act

as President until
shall have been
chosen and

No President and VP:

Senate President
or in case of his
disability, the
Speaker of the
House shall act
as President until
a President or VP
shall been
chosen and

Both died
Both become
permanently disabled

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In case of
inability of both,
Congress shall,
by law provide
for the manner
by which one
who is to act as
President shall
be selected until
a President or VP
shall have

Vacancy DURING the term

Death, permanent disability, removal from
office or resignation of President VP shall
become President
Elements of Valid Resignation:
1. intent to resign
2. act of relinquishment

Temporary Disability
President transmits to Senate President and
His written declaration that he is unable to
discharge the powers and duties of his
Until he transmits a written declaration to
the contrary
Powers and duties shall be discharged by
the VP as Acting President
Majority of the members of the Cabinet
transmit to Senate President and Speaker
Written declaration that the President is
unable to discharge the powers and duties
of his office
VP shall IMMEDIATELY assume the powers
and duties of the office as Acting
IF President shall transmit written
declaration that no such disability exists
He shall reassume the powers and duties
of his office
IF majority of the members of the Cabinet
transmit within 5 days to SP and Speaker

their written declaration that the

President is unable to discharge the
powers and duties of his office,
Congress shall decide the issue
Congress shall convene within 48 hours, if not in
w/in 10 days from receipt of last declaration OR if
not in session w/in 12 days after it is required to
assemble Congress determines by 2/3 vote of
both Houses, voting separately
that President is unable VP shall act as
President; Otherwise, President shall continue
exercising the powers and duties of his office.

Constitutional Duty of Congress in case of Vacancy in

the Offices of President and VP
- 10:00am, 3rd day after the vacancy occurs
- Congress shall convene without need of call
- w/in 7 days enact a law calling for a special election
to elect a President and VP
- election held not earlier than 45 days nor later than
60 days from time of such call
- bill shall be deemed certified and shall become law
upon approval on 3rd reading by Congress
- convening cannot be suspended
- election cannot be postponed
- IF vacancy occurs w/in 18 months before the date
of the next presidential election NO special
Removal of President: Impeachment
1.natural-born citizen
2.registered voter
3.able to read and write
4.on the day of the election, at least 40 years old
5.resident of the Philippines for at least 10 years
immediately preceding such election
Term: No VP shall serve for more than 2 successive
Vacancy in VP
- President shall nominate a VP from among members
of Senate and House

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- Assume office upon confirmation by a majority
vote of all Members of both Houses of Congress,
voting separately
Powers of the President
1)Executive Power
2)Power of Appointment
3)Power of Control
4)Military Powers
5)Pardoning Power
6)Borrowing Power
7)Diplomatic Power
8)Budgetary Power
9)Informing Power
10) Others
a.Call Congress to special session
b.Power to approve or veto bolls
c. Consent to deputation of government
personnel by COMELEC
d.Discipline such deputies
e.Emergency powers, by delegation from
f. General supervision over LGs and
autonomous regional governments
Executive Power
- Executive Power: power to enforce and administer
the laws
- Power of carrying out the laws into practical
operation and enforcing their due observance
- Authority to Reorganize the Office of the President
to achieve simplicity, economy and efficiency.
- Power to reorganize the OP under Section 31 (1) of
EO 292 (Administrative Code) President can
reorganize the OP proper by abolishing,
consolidating or merging units or by transferring
functions from one unit to another
- Power to reorganize the OP under Section 31 (2) and
b(3) of EO 292 (Administrative Code) power of
the President to reorganize offices outside of the OP
proper is limited to merely transferring
Departments/Agencies and v.v.
- It is not for the President to determine the validity
of the law, it is the function of the judiciary. Unless
and until such law is declared unconstitutional,
President has the duty to execute it.

Power of Appointment
- Nominate and with consent of the Commission on
Appointments, appoint:
a.Heads of the executive departments
c. Other public ministers and consuls
d.Officers of the armed forces from the rank of
colonel or naval captain
e.Other officers whose appointments are vested
in him in this Constitution
- Appoint all other officers of the Government whose
appointments are not otherwise provided by law
- Appoint those whom he may be authorized by law
to appoint.
- Congress may by law, vest appointment of other
officers lower in rank in the
a.President alone,
c. Heads
- Appointment: selection, by the authority vested
with the power, of an individual who is to exercise
the functions of a given office.
Designation: imposition of additional duties,
usually by law, to one who is already in public
Commission: written evidence of appointment
- Classification of Appointments
a.Permanent extended to persons possessing
the requisite eligibility and are protected by
security of tenure
b.Temporary extended to persons without
requisite eligibility, revocable at will, without
necessity of just cause or valid investigation
Not subject to confirmation by
Commission on Appointment
If confirmation erroneously given, will not
make it a permanent appointment
Designation is considered only an acting or
temporary appointment
c. Regular made by President while Congress
is in session
Takes effect upon confirmation of
Commission on Appointment
Once approved, continues until end of
term of the appointee
d. Ad interim made by President while
Congress is not in session
Takes effect immediately but ceases to
be valid if disapproved by the

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Commission on Appointments or upon
next adjournment of Congress (by-passed
through inaction)
Intended to prevent interruptions in vital
government services
Permanent and cannot be withdrawn by
the President once the appointee has
If disapproved by the Commission on
Appointments can no longer be
extended a new appointment; decision of
the Commission is final and binding
If by-passed President is free to renew
the ad interim appointment
- Officials who are appointed by the President
Does NOT require confirmation by COA
a.Commissioner of Customs
b.Philippine Coast Guard
c. Chairman of Commission of Human
d.NLRC Chairman and Commissioners
- Congress cannot by law require confirmation of
appointments of government officials other than
those mentioned in the Constitution
- Steps in the Appointing Power
a.Nomination by President
b.Confirmation by COA
c. Issuance of the Commission
- Appointment is deemed complete upon
acceptance; pending such acceptance, the
appointment may still be validly withdrawn
- Discretion of Appointing Authority includes the
determination of the nature ad character of
- In case of vacancy in an office occupied by an alter
ego of the President, e.g. Department Secretary,
the President necessarily appoint the alter ego of
his choice. Congress, cannot by law, compel the
undersecretary as his temporary alter ego. An alter
ego, temporary or permanent, holds a position of
great trust and confidence.
- Special Limitations on the Presidents Appointing
1.may not appoint his spouse or relatives by
consanguinity or affinity, within the 4th civil
degree as
a.members of Constitutional

c. Secretaries
e.Chairmen/heads of bureaus/offices/GOCCs
2.appointments made by acting president shall remain
effective unless revoked by elected President w/in
90 days from assumption of office
3.2 months immediately before the next presidential
election 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 will prejudice
public service or endanger public safety
No law that prohibits local executive officials
4.Congress power to prescribe qualifications
5.Judiciary may annul an appointment made by
President of the appointee is not qualified or has not
been validly confirmed.
- Power of Removal
Implied from power of appointment
President cannot remove officials appointed by
him where the Constitution prescribes certain
methods for separation of such officers from
Chairman and commissioners of Constitutional
Commissions impeachment
Judges disciplining authority of SC
Where power of removal is lodged in President:
a.Cause as may be provided by law
b.Prescribed administrative procedure
Members of career service of the Civil Service
who are appointed by the President may be
directly disciplined by him
Members of Cabinet and Officers whose
continuity in office depends upon pleasure of
President replaced any time; separation is
not by removal but EXPIRATION of term.
Power of Control
-President shall have control of all
Executive departments
-Control: power of an officer to alter, modify, set
aside, or nullify what a subordinate had done in the
performance of his duties and to substitute the
judgment of the former for that of the latter.
Supervision: overseeing; the power of an officer to
see that subordinate officers perform their duties,
and if the latter fails or neglects to fulfill them, then
the former may take such action or steps as

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prescribed by law to make them perform these
- Alter Ego Principle/Doctrine of Qualified Political
All executives 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
personally OR the exigencies of the situation
demand that he act personally, the multifarious
executive and administrative functions of the
Chief Executive are performed by and through
the executive departments,
And the acts of Secretaries, performed and
promulgated in the regular course of business
are, unless disapproved or reprobated are
presumptively the acts of the Chief Executive.
- President may exercise powers conferred by law
upon Cabinet members or subordinate executive
- Power of the president to reorganize the National
Government may validly be delegated to his Cabinet
members exercising control over a particular
executive department.
- Appeal to the President from decisions of executive
officers, including Cabinet members, complete the
exhaustion of administrative remedies.
Exception: Doctrine of Qualified Political Agency
applies, in which case the decision of Cabinet
Secretary carries the presumptive approval of
the President, thus there is no need to appeal to
the President.
- Power of control may be exercised over the acts,
NOT over the actors
- Power of control of Secretary of Justice over
Decisions/Resolutions of prosecutors are subject
to appeal to the Secretary of Justice who
exercises power of direct control and
supervision over prosecutors.
Where Secretary exercises power of review only
after an information is filed, TC should defer or
suspend arraignment and other proceedings until
appeal is resolved. HOWEVER, the TC is not ipso
facto bound by the resolution of the Secretary,
because jurisdiction, once acquired is not lost
despite the resolution of the Secretary to withdraw
the information or to dismiss the case.

Power of general supervision over local

- President can only interfere in the affairs and
activities of a local government unit of he finds that
the latter had acted contrary to law.
Otherwise, violative of local autonomy.
- Local fiscal autonomy: automatic release of LGU
shares in the national internal revenue.

Military Powers
- Commander-in-Chief of all armed forces of the
- If necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or
- In case of invasion or rebellion, when public safety
requires it, he may, for a period not exceeding 60
days, suspend the privilege of the writ of HC or
place the Philippines or any part thereof under
martial law.
- Commander-in-Chief Clause
Conduct of saturation drives or areal target
Exercises discretionary power
Only criterion, whenever it becomes necessary
Discretionary authority to declare state of
Court may only look into the sufficiency of the
factual basis for the exercise of the power.
Mere declaration of a state of rebellion cannot
diminish or violate constitutionally protected
Power to organize courts martial for the disciple
of members of the armed forces
Power to create military commissions for the
punishment of war criminals
Military tribunals cannot try civilians when civil
courts are open and functioning
Members of the PNP are not within the
jurisdiction of the military court
RA 7055, lawmakers intended to return to
civilian courts jurisdiction over offenses that
have traditionally within their jurisdiction but
did not divest the military courts jurisdiction
over cases mandated by the Article of War
a.Disrespect towards the President
b.Disrespect towards Superior Officer
c. Sedition/Mutiny

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d.Conduct Unbecoming an Officer and a
e.General Articles of the Articles of War
- Suspension of the privilege of the writ of HC
Grounds: invasion or rebellion, when public
safety requires it
Duration: not to exceed 60 days, unless
extended by Congress
Duty of President to Report action to Congress:
w/in 48 hours, personally or in writing
Congress may revoke or extend by a majority
vote of all its members, voting jointly
SC may review upon proceeding filed by any
citizen, as to the sufficiency of factual basis. It
must promulgate its decision w/in 30 days from
its filing.
Suspension does not impair the right to bail.
Suspension applies to persons judicially
charged for rebellion or offenses inherent in or
directly connected with invasion
During suspension, any person thus arrested
shall be judicially charged w/in 3 days,
otherwise he shall be released.
- Martial Law
NOT Suspend operation of the Constitution
NOT Supplant the functioning of civil courts or
legislative assemblies
NOT authorize conferment of jurisdiction on
military courts and agencies over civilians
where civil courts are able to function
NOT automatically suspend the privilege of the
Pardoning Power
-Except in cases of IMPEACHMENT or AS OTHERWISE
-May grant, after conviction by final judgment
c. Pardons
d.Remit fines and forfeitures
-May grant Amnesty with concurrence of a majority
of all members of the Congress
-Pardon: act of grace which exempts the individual
from punishment that the law inflicts upon the
crime he has committed
-Commutation: reduction or mitigation of penalty

- Reprieve: postponement of sentence/ stay of

- Parole: release from imprisonment but still in
custody of law although not in confinement
- Amnesty: act of grace, with concurrence of
legislature, usually extended to group of persons
who committed political offenses, puts into
oblivion the offense itself
- Discretionary exercise by the President
- Cannot be controlled by Legislature or reversed
by courts unless there is a constitutional
- Limitations:
1) Cannot be granted in cases of
2) Cannot be granted in cases of violation of
recommendation of COMELEC
3) Cannot be granted in cases of legislative
contempt or civil contempt
4) Cannot absolve civil liability
5) Cannot restore public offices forfeited
- Exceptions: on consideration of justice
and equity, entitled to reinstatement
(Sabello vs. DECS)
6) Only after conviction by final judgment
- Classification of Pardon:
1) Plenary or partial
2) Absolute or conditional
Conditional pardon is in the nature of a
contract between the Chief Executive
and the convicted criminal.
By the pardonees consent to the terms
stipulated in the contract, the pardonee
has placed himself under the
supervision of the Chief Executive or his
delegate who is duty bound to see to it
that the pardonee complied with the
conditions of the pardon
President is authorized to order the
arrest or re-incarceration of such a
person, if he fails to comply with the
conditions of his pardon.
Such exercise of Presidential judgment is
beyond judicial scrutiny.
- Amnesty
Stands before the law precisely as
though he had committed no offense
Criminal liability is totally extinguished

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To avail of the benefit, must admit the guilt of

the offence covered by the proclamation


Addressed to political

Infractions of peace of the


Classes of persons


No need for distinct acts

of acceptance

Acceptance needed

Concurrence by Congress


Public act which courts

may take judicial notice

Private act which must be

pleaded and proved

Looks back and puts into

oblivion the offense itself

Looks forward and relieves

pardonee of the
consequences of the


International Agreements

Formal documents require


Become binding through

executive action

International agreements
which involve political
issues or changes of
national policy

International agreements
involving adjustments of
details carrying out well
established national
policies and traditions

Involving arrangements of
permanent character

Involving arrangements of
a more or less temporary

- It is immaterial whether US treats the VFA as

merely an executive agreement because, under
international law, an executive agreement is just
as binding as a trearty.
Budgetary Power

Borrowing Power
- Contract or guarantee foreign loans on behalf of
the Republic, with prior concurrence of Monetary
Board and subject to such limitations as may be
provided by law.
- MB, shall w/in 30 days from end of every quarter,
submit to the Congress a complete report of its
decisions on applications for loans to be
Government/GOCC which would have the effect
of increasing the foreign debt, and containing
other matters as may be provided by law.
Diplomatic Power
- No treaty or international agreement shall be valid
and effective unless concurred in by at least 2/3 of
all members of the Senate.
- Treaties vs. International Agreements

- Submit to Congress within 30 days from opening

of its regular session
- A budget of expenditures and sources of
financing, including receipts from existing and
proposed revenue measures
- As basis of the general appropriations act
Informing Power
- Address Congress at the opening of its regular
- May appear before it at any other time.


Pursuant to the doctrine of command responsibility, the
President, as the Commander-in-Chief of the AFP, can be
held liable for affront against the petitioners rights to
life, liberty and security as long as substantial evidence
exist to show that he or she had exhibited involvement
in or can be imputed with knowledge of the violations,

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or had failed to exercise necessary and reasonable
diligence in conducting the necessary investigations
required under the rules.
It cannot be overemphasized that Section 1 of both the
Rules on the Writ of Amparo and Habeas Data expressly
include in their coverage even threatened violations
against a persons right to life, liberty or security.
Further, threat and intimidation that vitiate the free will
although not involving invasion of bodily integrity
nevertheless constitute a violation of the right to
security in the sense of freedom from threat.
The quick count under the guise of an unofficial
tabulation would not only be pre-emptive of the
authority of congress and NAMFREL, but would also be
lacking constitutional and/or statutory basis. Congress
has the sole and exclusive authority to officially canvass
the votes for the elections of President and VicePresident. NAMFREL is solely authorized and the dulyaccredited citizens arm to conduct the unofficial
counting of votes for the national or local elections.
While all other appointive officials in the civil service are
allowed to hold other office or employment in the
government during their tenure when such is allowed by
law or by the primary functions of their positions,
members of the Cabinet, their deputies and assistants
may do so only when expressly authorized by the
Constitution itself. In other words, Section 7, Article I-XB
is meant to lay down the general rule applicable to all
elective and appointive public officials and employees,
while Section 13, Article VII is meant to be the exception
applicable only to the President, the Vice- President,
Members of the Cabinet, their deputies and assistants.
The prohibition against holding dual or multiple offices
or employment under Section 13, Article VII of the
Constitution must not, however, be construed as
applying to posts occupied by the Executive officials
specified therein without additional compensation in an
ex-officio capacity as provided by law and as required by
the primary functions of said officials' office. The reason
is that these posts do no comprise "any other office"
within the contemplation of the constitutional

prohibition but are properly an imposition of additional

duties and functions on said officials.
Resignation is a factual question and its elements are
beyond quibble: there must be an intent to resign and
the intent must be coupled by acts of relinquishment.
Using the totality test (e.g. Angaras diary published in
Philippine Daily Inquirer [WEIRD!], press statement,
overt acts before, during, and after Estrada left
Malacanan), Estrada has resigned from Office and thus
Arroyos [THE BEST PRESIDENT EVER!] assumption of
power is valid and legal.
The President, upon whom executive power is vested,
has unstated residual powers which are implied from
the grant of executive power and which are necessary
for her to comply with her duties under the
Constitution. Also, among the duties of the President
under the Constitution, in compliance with his (or her)
oath of office, is to protect and promote the interest and
welfare of the people.
The term ad interim appointment, as used in letters of
appointment by the President, means a permanent
appointment made by the President in the meantime
that Congress is in recess. An ad interim appointment
becomes complete and irrevocable once the appointee
has qualified into office, and the withdrawal or
revocation of an ad interim appointment is possible only
if it is communicated to the appointee before the
moment he qualifies, as any withdrawal or revocation
thereafter is tantamount to removal from office.
The law expressly allows the President to temporarily
designate an officer already in the government service
or any other competent person to perform the functions
of an office in the executive branch.

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When the President calls the armed forces to prevent or
suppress lawless violence, invasion or rebellion, he
necessarily exercises a discretionary power solely vested
in his wisdom.
Pardon is granted by the Chief Executive. It is a private
act, which must be pleaded and proved by the person
pardoned, because the courts take no notice thereof;
while amnesty by Proclamation of the CE with the
concurrence of Congress is a public act of w/c the courts
should take judicial notice.
Executive privilege is not a personal privilege, but one
that adheres to the Office of the President. It exists to
protect public interest, not to benefit a particular public
official. Its purpose, among others, is to assure that the
nation will receive the benefit of candid, objective and
untrammeled communication and exchange of
information between the President and his/her advisers
in the process of shaping or forming policies and arriving
at decisions in the exercise of the functions of the
Presidency under the Constitution.
A sitting President of The United States does not have
immunity from civil lawsuits based on the Presidents
private actions unrelated to his public actions as