ARTICLE VII Soliven v Judge Makasiar

EXECUTIVE DEPARTMENT rationale: to assure the exercise of Presidential duties and

functions free from any hindrance or distraction
Estrada v. Desierto
unlawful acts of public officials are not acts of the State
Us v Nixon
Section 1. The executive power shall be vested in the President of the Philippines.
Nixon v Fitzgerald
immunity of the President from Civil damages covers only
official acts
Clinton v Jones
Executive power the power to enforce and administer the laws Immunity from suits for money damages arising out of their
official acts is inapplicable to unofficial conduct
Saturnino Bermudez
o shall be vested in
incumbent Presidents are immune from suit during the
period of their incumbency and tenure but not beyond
1935 Constitution President
It may be invoke only the holder of the Office and not by any other person in
1973 Constitution Prime Minister the Presidents behalf

President was reduced to a mere symbolic head of the reason for the privilege
State. (Ceremonial President)
President Marcos, who was the president under the 1935 separation of power
Constitution, was allowed to retain hid 1935 powers and at
the same time became ceremonial President and Prime
Minister public convenience
In 1981, the 1973 Constitution was revised and the
President was made the head of the State and Chief
Executive, while the Prime Minister was reduced to being a
ceremonial figure

1987 Constitution President

Amendment No. 6 (1973 vs 1987) refers to an express

grant of power. It refers to a grant to the President of the
specific power of legislation

o Executive Privileges the power of the President to withhold certain types of

o Immunity from suit
information from the courts, the Congress, and the public

there is no provision in the Constitution clothing the President with immunity

Sec. 2 of E.O. No. 464
from suit during his tenure

1. Conversations and correspondence between the President and the

was already understood in the Philippine jurisprudence that the
public official covered by this executive order
President may not be sued during his tenure

2. Military, diplomatic and other national security matters which in the

Forbes, etc. v. Chuoco Tiaco and Crossfield interest of national security should not be divulged
Principle of non liability entitled to protection in
determining the question of his authority
 3. Information between inter-government agencies prior to the conclusion who can invoke
of treaties and executive agreements
President
4. discussion in close-door Cabinet meetings

Executive Secretary authorized by the President and must state the

5. Matters affecting national security and public order authority is By order of the President

Variety of Executive Privilege according to Tribe It is not absolute it does not guard against possible disclosure of a crime
or wrongdoing
1. State Secret Privilege that the information is of such nature that its
disclosure would subvert crucial military or diplomatic objectives

2. Informers privilege privilege of the Government not to disclose the o Cabinet

identity of persons who furnish information of violations of law to
officers charged with the enforcement of the law
extra- constitutional creation

3. General Privilege For internal deliberations. Said to attach to

intragovernmental documents reflecting advisory opinions,
recommendations and deliberations comprising part of a process by
which governmental decisions and policies formulated
Two kinds of Privilege under (Neri v. Senate)
Composition
heads of departments who through usage have formed a body of
presidential advisers who meet regularly with the President
the principal officers through whom the President executes the law.

Presidential Communications Privilege
Pertains to communications, documents or
other materials that reflect presidential
decision making and deliberations that the
President believes should remain
confidential
Deliberative Process Privilege President as the chief of administration has the power to control and
removed them
Includes advisory, opinions,
recommendations and deliberations Cabinet members as individuals and Cabinet as institution possess no
comprising part of a process by which authority over the President
governmental decisions and policies are
formulated

Applies to decision making of the President Applies to decision making of executive

officials

Rooted in the constitutional principle of Rooted on common law privileges Section 2. No person may be elected President unless he is a natural-born citizen of the
separation of powers and the Presidents Philippines, a registered voter, able to read and write, at least forty years of age on the day
unique constitutional role of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.

Applies to documents in their entirely and

covers final and post decisional materials President is the Head of the State and the Chief Executive
as well as pre deliberative ones
 it would degrade the dignity of the high office of Vice-President
Qualifications
President is not obliged to give the Vice-President a Cabinet position
Natural-born citizen of the Philippines because the President must be free to choose for his Cabinet people who
are his trusted personal choices

Tecson v Comelec
An illegitimate child of an American mother and a Filipino father is a Removal from Office
natural born Filipino citizen if paternity is clearly proved. Hence such
person would be qualified to run for President o by impeachment

Registered voter o by people power - extraconstitutional

Able to read and write

unlike 1935 Constitution, literacy is not required for the exercise of the right
of suffrage

At least 40 years of age on the day of the election

A resident of the Philippines for at least 10 years immediately preceding such election

domicile

residence requirement does not specify a province or city or legislative

district.
It is enough that he has domicile anywhere in the Philippines

Section 3. There shall be a Vice-President who shall have the same qualifications and term
of office and be elected with, and in the same manner, as the President. He may be
removed from office in the same manner as the President.

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

requires no confirmation.

Vice-president his 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

o He may be appointed as a member of the Cabinet without need of confirmation

by the Commission on Appointments in Congress

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 re-election. 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.
System of direct Voting
o considered more democratic
Reasons for prohibition against re-election
o A President seeking a second term is vulnerable to constant political pressures
from those whose support he must preserve and has to devote his time and
energy to consolidate this political support
o A President who seeks a second term is under a terrific handicap in the
performance of his functions
o A President seeking reelection will even use public funds for the purpose even to
the extent of making the government bankrupt because no incumbent President
would like to go down from power as a leader repudiated by his people
o The prohibition also widens the base of leadership
o The ban will also put an end or at least hamper the establishment of political
dynasties
o The 6 year term will give the President a reasonable time within which to
implement his plans and programs of government
o The criticism against a 6 year term without reelection that 6 years are too long for
a bad President but too short for a good one, and that the people will suffer most
from a lameduck presidency may be remedied by the provisions on impeachment
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.
A Vice-president who has succeeded and served as President for more than 4 years
(even in an acting capacity) is also disqualified for election to the same office at any
other time
Unless otherwise provided by law, the regular election for President and Vice-President
shall be held on the second Monday of May.
The returns of every election for President and Vice-President, duly certified by the board of
canvassers of each province or city, shall be transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the certificates of canvass, the President of the
Senate shall, not later than thirty days after the day of the election, open all 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. Section 5. Before they enter on the execution of their office, the President, the Vice-
President, or the Acting President shall take the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting President) of the Philippines, preserve and defend its
Congress as national board of canvasser
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
o par. 4, 5, 6 make the Congress the national board of canvassers for presidential omitted.)
and vice presidential elections

o Lopez v Roxas
Function: charged with the ministerial and executive duty to make said
Oath an outward pledge made under an immediate sense of responsibility to God
declaration, on the basis of the election returns duly certified by provincial and
city board of canvassers
o merely intended to deepen the sense of responsibility of the President and
ensure a more conscientious discharge of his office
function of Congress merely ministerial?

Affirmation a solemn declaration in place of an oath, if the President, Vice-

Justice Carpio Morales characterized it as being ministerial and
president, or Acting president does not believe in God
exective

o 1987 Constitution Congress is given authority to make a determination of the

authencity and due execution of the returns
the Congress may validly delegate to a Joint Congressional Congress so
long as the decisions and final report of the said Committee shall be the
subject to the approval of the joint session ob both houses of Congress
voting separately
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.

Congress has the authority to break a tie in presidential and vice-presidential elections

Official residence

o shall be determined by law

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the
election, returns, and qualifications of the President or Vice-President, and may promulgate
Salaries
its rules for the purpose.

o shall be determined by law

o cannot be decrease and increase during their continuance in office

Neither the 1935 nor the 1973 Constitution had an explicit provision designating the
body with jurisdiction to be judge of presidential and vice-presidential election contest
o they shall not receive any other emolument from the Government or any other
sources to avoid the use of their position for pecuniary gain
nd rd
The rule in presidential contest is that only 2 persons, the 2 and 3 placer, may
contest the election. The Rule effectively excludes the widow of a losing candidate
o initial annual salary of the President is at P300,000.00 and the Vice-president
P240,000.00
 The Congress shall, by law, provide for the manner in which one who is to act as President
shall be selected until a President or a Vice-President shall have qualified, in case of death,
permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired term. In
case of death, permanent disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall then act as President until the President or
Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death,
permanent disability, or resignation of the Acting President. He shall serve until the
Section 7. The President-elect and the Vice President-elect shall assume office at the President or the Vice-President shall have been elected and qualified, and be subject to the
beginning of their terms. same restrictions of powers and disqualifications as the Acting President.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the Where there no President and Vice-President
President-elect shall have qualified.
o Before assumption (sec. 7 par. 5)

o After assumption (sec. 8 par. 1)

If a President shall not have been chosen, the Vice President-elect shall act as President
until a President shall have been chosen and qualified. o (sec. 7 and 8, last par.)

When Vice-President shall act as President

If at the beginning of the term of the President, the President-elect shall have died or shall
o If the President fails to qualify
have become permanently disabled, the Vice President-elect shall become President.

o If a President shall not have been chosen

Where no President and Vice-President shall have been chosen or shall have qualified, or o In case of temporary inability or incapacity of the President to discharge his
where both shall have died or become permanently disabled, the President of the Senate powers and duties
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. When Vice-President shall become President

o If at the beginning of the term of the President, the president-elect shall have
died or shall have become permanently disabled (sec. 7 par. 4)
 o After assumption of office, in case of death, permanent disability, removal from o The convening of Congress cannot be suspended nor the holding of the special
office, or resignation of the President, in which case the Vice President shall election postponed as required by Sec. 10
serve the unexpired term (sec. 8 par. 1)
o The bill calling for the special election is not subject to the requirements
2 classes of Presidential succession prescribed in sec. 25(4) and 26(2) of Art 6

o Before the assumption of office by the President-elect at the time fixed for the Next Presidential election no special election shall be called if the vacancy occurs
beginning of his term (sec. 7) at noon on June 30 following the day of the election within 18 months before the date of the next Presidential election

o After assumption of office by the President-elect at (or subsequent to) the time o it is unnecessary and costly since the elected will only serve for a short term
fixed for the beginning of his term (sec. 8)

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term
for which he was elected, the President shall nominate a Vice-President from among the
Members of the Senate and the House of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of both Houses of the Congress, voting
separately.

Section 10. The Congress shall, at ten o'clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in accordance
with its rules without need of a call and within seven days, enact a law calling for a special
election to elect a President and a Vice-President to be held not earlier than forty-five days
nor later than sixty days from the time of such call. The bill calling such special election
shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and
shall become law upon its approval on third reading by the Congress. Appropriations for the
special election shall be charged against any current appropriations and shall be exempt
from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The
convening of the Congress cannot be suspended nor the special election postponed. No
special election shall be called if the vacancy occurs within eighteen months before the
date of the next presidential election.

special election in case of a permanent vacancy in the Offices of both the President
and Vice-President, the congress shall convene and enact a law calling for a special
election to elect a President and Vice-President
 If the Congress, within ten days after receipt of the last written declaration, or, if not in
session, within twelve days after it is required to assemble, determines by a two-thirds vote
of both Houses, voting separately, that the President is unable to discharge the powers and
duties of his office, the Vice-President shall act as President; otherwise, the President shall
continue exercising the powers and duties of his office.

Resignation

o Estrada v Arroyo
The Supreme Court through Justice Puno, declared that the resignation of
President Estrada could not be doubted as confirmed by his leaving Malacaang.
The Supreme Court declared that the elements of a valid resignation are:
intent to resign
act of relinquishment

Both were present when President Estrada left the Palace

Permanently Disability

o Estrada v Arroyo
Section 11. Whenever the President transmits to the President of the Senate and the Jusice Bellosillo anchored his concurrence on permanent disability. He opined
Speaker of the House of Representatives his written declaration that he is unable to that permanent disability as contemplated by the Constitution does not refer only
discharge the powers and duties of his office, and until he transmits to them a written to physical or mental incapacity, but must likewise cover other forms of
declaration to the contrary, such powers and duties shall be discharged by the Vice- incapacities of a permanent nature
President as Acting President. He views Estradas disability in
Objective approach without people, he has no support or control of the
bureaucracy
Subjective approach his contemporaneous act and statements during and
after the critical episode are eloquent proofs of his implied but unequivocal
Whenever a majority of all the Members of the Cabinet transmit to the President of the acknowledgement of the permanence of his diability
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.
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.
Thereafter, when the President transmits to the President of the Senate and to the Speaker
of the House of Representatives his written declaration that no inability exists, he shall
reassume the powers and duties of his office. Meanwhile, should a majority of all the
Members of the Cabinet transmit within five days to the President of the Senate and to the
Speaker of the House of Representatives, their written declaration that the President is to guarantee the peoples right to know about the state of the Presidents health,
unable to discharge the powers and duties of his office, the Congress shall decide the contrary to secretive practice in totalitarian governments
issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight
hours, in accordance with its rules and without need of call.
to allow the President to make important decisions in those areas of government
 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.

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies
or assistants shall not, unless otherwise provided in this Constitution, hold any other office
or employment during their tenure. They shall not, during said tenure, directly or indirectly,
practice any other profession, participate in any business, or be financially interested in any Midnight appointments (last minute appointments)
contract with, or in any franchise, or special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled
o this prohibition also applies even to appointments to the judiciary
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct
of their office.
o the provision in Art 8 which requires the President to make appointments to the
judiciary within 90 days applies only to the period not covered by Art. 7 sec. 15

o limited only to the Presidents power

In compatible Office

Reason of prohibition
reason for prohibition

o to stop or curb the possible misuse by the outgoing President of the power of
o to avoid conflict of interest
appointment for the purpose of enlisting political support during the Presidential
election and for partisan considerations after his defeat
o to force the officials to devote full time to their official duties

Exceptions
unless otherwise provided Vice president can be made a member of the Cabinet

o temporary appointments to executive positions when continued vacancies would

prejudice public service or endanger public safety are not covered by the
prohibition.
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 o Requisites
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or controlled
temporary in nature
corporations and their subsidiaries.

to executive positions

If the 4th degree relatives are already in office when a President assumes office, the urgent in the interest of public service or public safety
relatives are not thereby ousted from their positions (Rule on nepotism)
o ??? whether permanent appointment by the President to judicial positions are
also covered by the prohibition

Section 14. Appointments extended by an Acting President shall remain effective, unless
revoked by the elected President, within ninety days from his assumption or reassumption
of office.
 o appointment by the President

o effectivity

appointments shall cease

upon rejection by the Commission on Appointments

Section 16. The President shall nominate and, with the consent of the Commission on
if not acted upon at the adjournment of the next session, regular or
Appointments, appoint the heads of the executive departments, ambassadors, other public
special, of Congress
ministers and consuls, or officers of the armed forces from the rank of colonel or naval
captain, and other officers whose appointments are vested in him in this Constitution. He
shall also appoint all other officers of the Government whose appointments are not o Kinds of appointment in the career services
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 permanent one which is issued to a person who meets all the
President alone, in the courts, or in the heads of departments, agencies, commissions, or requirements for the position to which he is appointed; it lasts until it is
boards. lawfully terminated

Appointment act of designation by the executive officer, board, or body to whom
the power has been delegated, of the individual who is to exercise the functions of a
given office
o nature must be executive, because it is neither legislative nor judicial
temporary one which is issued to a person who meets all the
requirements for the position to which he is being appointed except the
appropriate civil service eligibility; it shall not exceed 12 months, but the
appointee may be replaced sooner if a qualified civil service eligible
becomes available

o Kinds of presidential appointments o steps in the appointing process

appointments which are required to be submitted to the Commission on appointment act of the appointing power
Appointments
acceptance act of the appointee
regular appointments those made during the session of Congress
kinds of acceptance
ad interim appointments those made during a recess of Congress
o express when done verbally or in writing
with respect to regular appointments subject to confirmation by the
Commission on Appointments, the President issues a nomination as a o implied when, without formal acceptance, the appointee enters
preliminary to appointment, to be approved by the Commission on upon the exercise of the duties and functions of an office
Appointments. There is no appointment yet in the strict sense until it is
confirmed
///////////////////////////////////////////////////////////////////////////////////////////////////////////////////

3 stages in regular appointments

1. nomination by the President

o nomination by the President

2. Confirmation by the Commission on Appointments

o consent by the Commission on Appointments

3. issuance of commission
 4. acceptance by the appointee
in ad interim appointments steps 1, 3, 4 precede step 2
Appointments requiring the consent of Commission on Appointments
o heads of executive departments
o ambassadors and other public minister and consuls
o officers of the AFP from the rank of colonel or naval captain
officers = officers of the Armed Forces XXX Police general civilian officers
X PCG
o Officers whose appointments are vested in him by the Constitution
Chairmen and Commissioners of the Civil Service Commission
Commission and elections
Commission on Audit
regular members of the Judicial and Bar Council
sectoral representatives
Appointments with prior recommendation or nomination by the Judicial and Bar
Council
o members of the Supreme Court and all lower courts
o Ombudsman and his 5 deputies
Appointments requiring nomination by multi sectoral groups
o regional consultative commission
o party-list representatives, before the Part-list law
Appointments without need of CA Confirmation
o those vested by the Constitution on the president alone
o those whose appointments are not otherwise provided for by law
o those when he may be authorized by law to appoint
o those other officers lower in rank whose appointment is vested by law in the
president alone
lower rank = refers to officers subordinate to those enumerated officers in
whom respectively the power of appointment may be vested
heads of executive departments
agencies
commission
boards
removal power the ouster of an incumbent before the expiration of his term of office
o from the express power of appointment the President derives the implied power
of removal
not expressly granted constitution contains no provision expressly vesting
in the President the power to remove executive officials from their posts
o extent of the power to remove
with respect to officers exercising purely executive functions whose tenure
is not fixed by law, the President may remove them with or without cause
with respect to officers exercising quasi-legislative or quasi-judicial
functions, they may be removed only on grounds provided by law to protect
their independence in the discharge of their duties
with respect to constitutional officers removable only by means of
impeachment and judges of lower courts, they are not subject to the
removal power of the President
with respect to civil service officers, the President may remove them only for
cause as provided by law

The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only
until disapproved by the Commission on Appointments or until the next adjournment of the
Congress.
it does not include the power of control; but the power of control necessarily includes
the power of supervision
He has general supervision over local government units and autonomous regional
government

Doctrine of qualified political agency or Alter ego principle

o acts of the secretaries of executive departments when performed and

recess
o compulsory recess
o All executive and administrative organizations are adjuncts of the Executive
30 day period between sessions during which Congress may not meet = 30
days before 4th Monday of July
period between the beginning of a new term (noon of June 30 next following
an election) and the beginning of a regular session (4th Monday of July)
2 modes of terminating ad interim appointments (permanent)
promulgated in the regular course of business or unless disapproved or
presumptively the acts of the Chief Executive
Department, the heads of the various 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 acts personally, the multifarious
executive and administrative functions of the Chief Executive are performed by
and though the executive departments, and the acts of the Secretaries of
Executive departments when performed and promulgated in the regular course of
business or unless disapproved or reprobated by the Chief Executive, are
presumptively the acts of the Chief executive

o disapproval by the Commission

o adjournment of Congress prior to Commission action on the appointment

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

His control is not just over the department head but also over all the subordinate
officers of the department

Power of control power of an officer to alter, modify, nullify, or set aside what a
subordinate has done in the performance of his duties and to substitute his judgment
to that of the former

Power of supervision merely the power or authority of an officer to see that the
subordinate officers to perform their duties, and if the latter fail or neglect to fulfill
them, then the former may take such action or steps as prescribed by law
 which revocation shall not be set aside by the President. Upon the initiative of the
President, the Congress may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if the invasion or rebellion shall
persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation
or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon
within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with 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 clause to call out the Armed Forces to prevent or

suppress lawless violence, invasion or rebellion
Section 18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to
o
prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion,
when the public safety requires it, he may, for a period not exceeding sixty days, suspend
the privilege of the writ of habeas corpus or place the Philippines or any part thereof under o President is the highest civilian officer Art. 2 Sec. 3 Civilian authority is, at all
martial law. Within forty-eight hours from the proclamation of martial law or the suspension times, supreme over the military
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 o He is not a member of the armed forces and consequently, he is not subject to
its Members in regular or special session, may revoke such proclamation or suspension, court martial or military discipline
 o The Constitution does not require that the President must be possessed of o conditions same as ^ however the Constitution makes it clear that the
military training and talents but has the power to direct military operations and to proclamation of martial law does not automatically suspend the privilege of the
determine military strategy writ (par 4)

o He has control of the military organization and personnel whether in peace time o scope includes the power to make all needful rules and regulations with the
or in war time force of law until the termination of martial rule

o he is given the broad powers to call out the armed forces to prevent or suppress o meaning
lawless violence, invasion, or rebellion
comprehensive sense it includes all laws that have reference to and are
o he is empowered to create military tribunals to try persons who violate military administered by the military forces of the State
laws or commit crimes against national security
the military law proper, that is, the laws enacted by the lawmaking body
Authority of Congress over Armed Forces for the government of the armed forces

o Congress shares with the President his authority over the armed forces. the rules governing the conduct of military forces in times of war and in
places under military occupation
o It supplies the money and makes the laws for their governance
strict sense it is that law which has application when the military arm does
o To it belongs the sole power to declare the existence of a state of war (Art. 6 sec. not supersede civil authority but is called upon to aid it in the execution of its
23(1)) vital functions. The constitution refers to this meaning of martial law

o Martial law in the Constitution mean martial law in the 3rd and proper sense
Declaration of State if rebellion the president has discretionary authority to declare it

Martial law in the Philippines jurisdiction is imposed not by or through an

Power to suspend of privilege of writ of habeas
authorization from Congress but by the executive as specifically authorized
and within the limits set by the Constitution
o 2 conditions

o basis one of the rights of sovereignty

there must be invasion or rebellion at the time of the suspension

o object preservation of the public safety and good order

the public safety must require the suspension (shall not exceed 60 days)
o duration may not extend beyond what is required by the exigency which it call
o the suspension of the privilege shall apply only with respect to persons judicially forth
charged for rebellion or offenses inherent in, or directly connected with invasion
Restrictions of the 2 powers
a person arrested or detained must be released if not judicially charged
within 3 days
o there must be actual invasion or rebellion and public safety requires the
proclamation or suspension
o the right to bail is not impaired

o the duration shall not exceed 60 days unless extended by Congress (which must
Power to declare martial law convene 24 hours following the proclamation or suspension without need of call)
upon the initiative of the president
 o The President must submit a report in person or in writing to Congress within 48
hours from the proclamation or suspension to guide Congress in deciding the
action it should take- revocation/extension

o Congress is required to review the proclamation. it may be revoke by majority

vote of all the members of Congress voting jointly

o the two powers cannot be exercised as a preventive measure for the Constitution
contemplates that invasion or rebellion must already be existing at the time the
proclamation is made

o the effects of a state of martial law are clearly spelled out, to define the extent of
the martial law power

Effects of a state of martial law

o it does not suspend the operation of the Constitution

Art 2 sec. 3 it guarantees that Bill of rights continue to exist

o it does not supplant the functioning of the civil courts or legislative assemblies

martial law is declared merely to assist the civil government

no civil rights of the individual are suspended

o it does not authorize the conferment of jurisdiction on military courts and

agencies over civilians where civil courts are able to function

civil authorities are not superseded by military authorities, nor are civil laws
suspended

o it does not automatically suspend the privilege of the writ

Ways to lift the proclamation or suspension

o lifting by the President himself

o revocation by Congress

o nullification by the Supreme Court

o By operation of law after 60 days

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 a power to pardon or commute a person convicted of a crime

o nature executive

o it is non delegable

o limitations

it cannot be exercised over cases of impeachment

reprieves, commutations, and pardons, and remission of fines and

forfeitures can be given only after conviction by final judgment

a grant of amnesty must be with the concurrence of a majority of all the

Members of Congress
 *No pardon, amnesty, parole, or suspension of suspension of sentence for o Effects of pardon
violation of elction laws, rules, and regulations shall be granted by the
President without the favorable recommendation of the Commission (on it removes penalties and disabilities and restores him to his full civil and
Elections)
political rights

o it can be extended to administrative penalties

Reprieve the postponement of the execution of a death sentence to a certain date
Suspension of sentence the postponement of a sentence for an indefinite time
it does not discharge the civil liability of the convict to the individual he has
wronged as the President has no power to pardon a private wrong
it does not restore offices, property, or rights vested in other in consequence
of the conviction.

Commutation the reduction of the sentence imposed to a lesser punishment, as o Amnesty act of the sovereign power granting oblivion or a general pardon for a
from death to life imprisonment. It may be granted without the acceptance and even past offense usually granted in favor of certain classes of persons who have
against the will of the convict committed crimes of a political character, such as treason, sedition, or rebellion

Pardon an act of grace proceeding from the power entrusted with the execution of
the laws which exempts the individual on whom it is bestowed, from the punishment
the law inflicts for a crime he has committed
o no legal power can compel the executive to give it it has no limitations
effect
it abolishes and puts into oblivion the offense of which one is charged,
so that the person released by amnesty stands before the law
precisely as though he had committed no offense

o object to afford relief from undue harshness or evident mistake in the operation
or enforcement of the criminal law Pardon Amnesty

o Kinds of Pardon is granted by the President alone after with the concurrence of Congress
conviction before or after conviction
Absolute when it is not subject to any condition whatsoever. It becomes
effective when made an act of forgiveness, it relieves the is an act of forgetfulness, it puts into
offender from the consequence of the oblivion the offense of which one is
Conditional when it is given subject to any condition or qualification the offense charged so that the person released
President may see fit. It must be accepted by the offender to become by amnesty stands in the eyes of the
effective law as if he had never committed the
offense

o Limitations of Pardon
is granted for infractions of the peace for crimes against the sovereignty of
of the State the State
it may not be exercised for offenses in impeachment cases

is a private act of the President which by proclamation of the President with

it may be exercised only after conviction by final judgment must be pleaded and proved by the the concurrence of Congress is a
person who claims to have been public act of which the courts will take
it may not be exercised over civil contempt pardoned, because the courts take no judicial notice
judicial notice thereof

In case of violation of election law or rules and regulations, no pardon,

parole, or suspension of sentence may be granted without the
recommendation of the Commission on Elections
 Remission of fines and forfeitures

o must be made after final conviction

o may not be exercised by any officer other than the President

but Congress may constitutionally authorize other officers such as heads of

departments or bureau chiefs to remit administrative fines and forfeitures

o it prevents the collections of fines or the confiscation of forfeited property

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. (diplomatic power)
Section 20. The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary Board, and subject
to such limitations as may be provided by law. The Monetary Board shall, within thirty days
from the end of every quarter of the calendar year, submit to the Congress a complete
report of its decision on applications for loans to be contracted or guaranteed by the Treaty a compact made between 2 or more states, including international
Government or government-owned and controlled corporations which would have the effect organizations of states, intended to create binding rights and obligations upon the
of increasing the foreign debt, and containing other matters as may be provided by law. parties thereto. It is also known as a pact, convention, or charter

it does not cover executive agreements which does not need legislative concurrence

The president is the best supplied with information as well as with executive and
Steps in treaty-making
legislative assistance to determine the advisability of obtaining loans

o Negotiation in the field of negotiation, the President alone has the sole
concurrence of Monetary Board of the Central Bank (BAngko Sentral ng Pilipinas) is
authority. The reason is that secrecy, dispatch, and access to information are
required to make a report to Congress it has the expertise to determine the
essential ingredients in this task which the President alone possesses.
reasonableness of the contract or guarantee and whether the proposed foreign loan is
Premature disclosures of confidential information may not only cause serious
within the capacity of the country to pay
embarrassment by may likewise imperil the successful accomplishment of the
negotiations
Reasons for not requiring Congressional approval for foreign loans
o Approval or ratification sec 21 it must be concurred
o the loans urgently needed by the country may no longer be available when
concurrence which usually takes some time is finally obtained reason it becomes a part of the law of the land and they affect our international
relations
o an obstructionist Congress could withhold approval for political reasons
Termination of treaty
sec 20 speaks only foreign loans. With respect to domestic loans, the prior
concurrence of the Monetary Board is not necessary unless required by law o may be arrived at by formal agreement of parties

o international law recognizes the right of one party to terminate a treaty for breach
by the other party or when the fundamental circumstances for which the treaty
was entered into have changed rebus sic stantibus
 o Constitution is silent as to who does the termination

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
expenditures and sources of financing, including receipts from existing and proposed
revenue measures.

Budget process consist of major 4 phases

o Budget Preparation the first step is essentially tasked upon the executive
branch and covers the estimation of government revenues, the determination of
budgetary priorities and activities within the constraint imposed by available
revenues and by borrowing limits; and the translation of desired priorities and
activities into expenditure levels
o Legislative Authorization at this stage, Congress enters the picture and
deliberate or acts on the budget proposals of the President and Congress in the
exercise of its own judgment and wisdom formulates an appropriation act
precisely following the process established by the Constitution, which specifies
that no money may be paid from the treasury except in accordance with an
appropriation made by law
o Budget Execution tasked on the executive. The third phase of the budget
process covers the various operational aspects of budgeting.
o Budget Accountability the fourth phase refers to the evaluation of actual of
actual performance and initially approved work targets, obligations incurred,
personnel hired and work accomplished are compared with the targets set at the
time the agency budgets were approved.

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.

furnishes an opportunity on the part of the President at the opening of the regular
session of Congress to give information on the state of the nation and to recommend
to the consideration of the legislative body measures as he may deem necessary and
proper. Such measure are only proposal and have no binding effect until enacted by
the Congress