Consti Rev

7/28/2019 Consti Rev

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Constitution written instrument by which the fundamental powers of thegovernment are established, defined and limited, and by which these powers are

distributed to the various departments for the safe and useful exercise for thebenefit of the body politic.

Constitutional law a body of rules resulting from the interpretation of the

constitutional instrument, by a high court, in cases in which the validity of some act

of governmental power has been challenged.

Type of Constitution there are two ways of classifying constitutions.

Written or rigid for example the Constitution of the Republic of thePhilippines Unwritten or flexible various documents, customs, traditions and

practices. It is flexible and can easily be amended with the change of

the times. For example, the Constitution of England

Normative its norms direct governmental action, and governmentadjusts its actions to the norms

Nominal not yet fully operative because of the existing socio-economic conditions, its principal value is educational.

Semantic a tool for perpetuating power in the hands of the power-holders.

Characteristics of a good constitution

Broad encompassed the whole state Brief no need for details, merely a structure Definite not vague.

Components of a good constitution

Constitution of Government provisions on the outline of government.(Executive, Legislative, Judicial)

Constitution of Liberties provisions that guarantees rights. (Bill of Rights)

Constitution of Sovereignty provisions on how the amendatory process of the

constitution could take place.

PREAMBLEWe, the Sovereign Filipino people, imploring the aid of Almighty God, in

order to build a just and humane society and establish a government that

shall embody our ideals and aspirations, conserve and develop our

patrimony, and secure to ourselves and our posterity the blessings of

independence and democracy under a rule of law and a regime of truth,

justice, freedom, love, equality and peace, do ordain and promulgate thisConstitution.

Preamble sets down the origin, scope, and purpose of the constitution

Useful in the aid of ascertaining the meaning of ambiguous provisionsin the body of the constitution source of light

Origin, scope and purpose of the constitution as set out in the preamble

Origin the sovereign Filipino people Scope and purpose to build a just and humane society and to

establish a government that shall embody our ideals and aspirations,

promote common, conserve and develop our patrimony, and to secure

to ourselves and our posterity the blessings if independence and

democracy under the rule of law and a regime of truth, justice,

freedom, love, equality and peace

The grammatical 1st person We the Filipino people thereby suggesting that

another power was merely announcing that the Filipinos were finally being allowed

to promulgate a constitution

Almighty God more personal and more consonant with personalist Filipino

religiosityCommon good (1987) projects the idea of a social order that enables every

citizen to attain his or her fullest development economically, politically, culturally,and spiritually.

General welfare (1973) could be interpreted as the greatest good for the

greatest number even if what the greater number wants does violence to human

dignity as for instance when the greater majority might want the extermination of

those who are considered inferior

Equality a major problem in the Philippine society is the prevalence of grosseconomic and political inequalities

New significant addition Under the rule of law and a regime of truth, justice,

freedom, love, equality and peace

Love inserted as a monument to the love that prevented bloodshedin the February Revolution

Truth is a protest against the deception which characterized theMarcos regime

Peace is mentioned last as the fruit of the convergence of truth,justice, freedom and love

Rule of law concept of government officials have only the authority given them

by law and defined by law, and that such authority continues only with the consentof the peopleour rule is of law and not of men

Article 1 The National TerritoryThe National Territory comprises the Philippine archipelago, with all the

islands and waters embraced therein, and all other territories over which

the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,

fluvial and aerial domains, including its territorial sea, the seabed, the

subsoil, the insular shelves, and other submarine areas. The waters around,

between, and connecting the islands of the archipelago, regardless of their

breadth and dimension, shall form part of the internal waters of thePhilippines.

Territorial claim in a constitution municipal law it only binds the nation

promulgating it it will bind internationally only if it is supported by proof that it

can stand in international lawWhy does that constitution a definition of national territory 1935, 1973,

and 1987 defines the national territory of the Philippines

1935 had to be accepted by the president of the united states 1973 archipelagic principle preservation of national wealth, for

national security, and as a manifestation of our solidarity as a people

Scope of the national territory

The Philippine archipelago All other territories over the which the Philippines has sovereignty or

jurisdiction

o Any territory which presently belongs or might in the futurebelong to the Philippines through any of the internationally

accepted modes of acquiring territory

All territory over which the present (1935)government of the Philippines islands exercises


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jurisdiction Batanes islands belonging to the

Philippines

1973 constitution all territories belonging to thePhilippines by historic or legal title other

territories which depending on available evidence,might belong to the Philippines ex. Sabah, Marianas,

Freedomland

Territorial sea, the seabed the , subsoil, the insular shelves and othersubmarine area corresponding the Philippine archipelago and

territories over the which the Philippines have sovereignty or

jurisdiction the Philippines lay claim to the extent recognized by

international law definitions of these areas and right of the

Philippines over these areas are provided for in customary andconventional international law

o Terrestrialo Fluvialo Aerial domains

Archipelago body of water studded with islands

Philippine archipelago delineated in the treaty of Paris ofDecember 10,1898 modified by the treaty of Washington of

November 7, 1900 and the treaty with great Britain of January 2,1930

1935 constitution

o 1973 constitution omitted specific mention of these treaties constitutional convention delegates wanted to erase everypossible trace of our colonial history from the new organic

document 1987 constitution follows this lead

Internal waters irrespective of their breadth and dimension

Straight baseline method drawing straight lines connecting appropriate pointson the coast without departing to any appreciable extent from the general direction

of the coast

Baseline lines drawn along the low water mark of an island or group of islands

which mark the end of the internal water and the beginning if the territorial sea

RA 9522 provides for one baseline around the archipelago andseparate baselines for the regime of islands outside the archipelago

Article 2 Declaration of Principles and State Policies

Declaration of principles and state policies is a statement of the basic

ideological principles and policies that underlie the constitution Guide for all departments of the government in the implementation of

the constitution

Section 1 The Philippines is a Democratic and Republican State.

Sovereignty resides in the people and all Government Authority emanates

from them.

State it is a community of persons more or less numerous, permanently

occupying a definite portion of territory, independent of external control, and

possessing an organized government to which the great body of inhabitants renderhabitual obedience

Legal conceptElement of a state:

People

Territory Sovereignty Government

Nation ethnic concept

People a community of persons sufficient in number and capable of maintainingthe continued existence of the community and held together by a common bond of

lawLegal sovereignty is the supreme power to affect legal interest either by

legislative, executive or judicial action exercised by state agencies

Auto-limitation sovereignty is the property of a state-force due towhich it has the exclusive capacity of legal self-determination and self-

restriction

Political sovereignty is the sum total of all the influences in a state, legal andnon-legal, which determine the course of law

Government that institution or aggregate of institutions by which an independent

society make and carries out those rules of actions which are necessary to enable

men to live in a social state

Imposed upon the people forming that society by those who possessthe power or authority of prescribing them

Kinds of functions of government - conceptual definitions of these functions are

still acceptable

Constituent compulsory functions which constitute the very bondsof society

Ministrant are the optional functions of governmento Principles for determining whether or not a government shall

exercise certain of these optional functions are:

That a government should do for the public welfarethose things which private capital would not naturally

undertake

That a government should do those things which byits very nature it is better equipped to administer for

the public welfare than is any private individual or

groups of individuals

Classification of governmentsDe jure is one established by authority of legitimate sovereign

The government under Cory Aquino and the freedom constitution wasa de jure government it was established by authority of the

legitimate sovereign, the peopleDe facto merely is one established in defiance of the legitimate sovereign

Kinds of de facto governmento 1st is that government that gets possession and control of,

or usurps, by force or by the voice of majority

o 2nd is that which is established and maintained by invadingmilitary forces

o 3rd is that established as an independent government by theinhabitants of a country who raise insurrection against the

parent state

Presidential form of government principle of separation of powers byestablishing equilibrium among the three power holders, harmony will result, power

will not be concentrated and thus tyranny will be avoided

Legislative power given to the legislature

Executive power given to a separate executive


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Judicial power held by an independent judiciaryEssential characteristics of a parliamentary form of government

The members of the government or cabinet or the executive arm are,as a rule, simultaneously members of the legislature

The government or cabinet consisting of political leaders of themajority party or of a coalition who are also members of the

legislature, is in effect a committee of the legislature

The government or cabinet minister or his equivalent The government or cabinet remains in power only for as long as it

enjoys the support of the majority of the legislature

Both government and legislature of the other immediate politicalresponsibility

o In the hands of the legislature is the vote of non-confidence(censure) whereby the government may be ousted

o In the hands of the government is the power to dissolve thelegislature and call for new elections

Republican state is a state wherein all government authorities emanates from

the people and is exercised by representatives chosen by people

Democratic state shares some aspects of direct democracyo Initiative and referendumo The word democratic was also a monument to the February

revolution direct action of the people

Constitutional authoritarianism understood and practiced in theMarcos regime under the 1973 constitution

o The assumption of extraordinary powers by the presidentincluding legislative and judicial and even constituent powers

o Compatible with republican state if that constitution uponwhich the executive bases his assumption of power is a

legitimate expression of the peoples will and if the executive

who assumes power received his office through a valid

election by the people

Differences between a state, government and administration

State Government Administration

Corporate entity One of the elements of a

state

Consists of set of people

currently running the

institution

Its institution throughwhich the state exercises

power

Change without a changeof either state or

government

Section 2 The Philippines renounces war as an instrument of National

Policy, adopts the generally accepted principles of International Law as

part of the law of the land, and adheres to the policy of peace, equality,

justice, freedom , cooperation and amity with all nations.

What kinds of war is renounced by the Philippines aggressive, not defensive,

war

Generally accepted principles of international law -

The right of an alien to be released on bail while awaiting deportationwhen his failure to leave the country is due to the fact that no country

will accept him

The right of a county to establish military commissions to try warcriminals

Amity with all nations is an ideal to be aimed at

Diplomatic recognition remains a matter of executive discretion

Section 3 Civilian authority is at all times supreme over the military. The

Armed Forces of the Philippines is the protector of the State and the state.Its goal is to secure the sovereignty of the state and the integrity of the

national territory.

Civilian supremacy the principle is institutionalized by the provision which

makes the president, a civilian and precisely as civilian, commander-in-chief of the

armed forces

Civilian officers are superior to military officials only when a law makesthem so

Armed forces to secure sovereignty of the state and to preserve the integrity of

the of the national territory

Protect the people when ordinary law and order forces need assistanceSection 4 The prime duty of the government is to serve and protect the

people. The government, may call upon the people to defend the state and

in fulfillment thereof, all citizens may be required, under conditions

provided by law, to render personal military or civil service.

How does the 1st sentence differ from its counterpart in the 1973constitution

1973 and 1935 defense primary duty of the governmento Easily lent itself to interpretations which justified a national

security sate offensive to the people

1987 on service to protection of people under conditions providedby law

o 2nd sentence emphasizes the primacy of serving the interestof people and protecting their rights even when there is needto defend the state

Section 5 The maintenance of peace and order, and the protection of life,

liberty and property, and the promotion of the general welfare are essential

for the enjoyment by all the people of the blessings of democracy.

Section 6 The separation of Church and State shall be inviolable.

State policiesSection 7 The State shall pursue an independent foreign policy. In its

relations with other states the paramount consideration shall be nationalsovereignty, territorial integrity, national interest, and the right to self-

determination.

What is the general characteristic of the provisions protecting the rights in

art 2 they are not self-executing provisions they need implementing acts of

congress

Principles that must guide the government

The government must maintain an independent foreign policy


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Give paramount consideration to national sovereignty, territorialintegrity, national interest, and self-determination

Section 8 The Philippines, consistent with the national interest, adopts andpursues a policy of freedom from nuclear weapons in its territory.

Constitutional policy on nuclear weapons the constitution prescribes a policy

of freedom from nuclear weapons

Prohibition not only from possession, control and manufacture ofnuclear weapons but also nuclear arms test

E: peaceful uses of nuclear energy must be justified by demands ofnational interest

Section 9 The State shall promote a just dynamic social order that will

ensure the prosperity and independence of the nation and free the people

from poverty through policies that provide adequate social services,promote full employment, a rising standard of living, and an improved

quality of life for all.

Section 10 The State shall promote social justice in all phases of national

development.

Underlying premises of sections 9 and 10 they derived from the premises

that poverty and gross inequality are major problems besetting the nation and thatthese problems assault the dignity of the human person

Social Justice in the sense it is used in the constitution the equalization of

economic, political, and social opportunities with special emphasis on the duty of the

sate to tilt the balance if social forces by favoring the disadvantaged in life

1935 justice for the common tao 1973 those who have less in life should have more in law

Impact of the social justice provision the provision has been chieflyinstrumental in the socialization of the states attitude to property rights thus

gradually eradicating the vestiges of laissez faire in Philippine society

Section 11 The State values the dignity of every human person andguarantees full respect for human rights.

Section 12 The State recognizes the sanctity of family life and shall protect

and strengthen the family as a basic autonomous social institution. It shall

equally protect the life of the mother and the life of the unborn from

conception. The natural and primary right and duty of parents in the

rearing of the youth for civic efficiency and the development of moral

character shall receive the support of the Government.

Section 13 The State recognizes the vital role of the youth in nation-

building and shall promote and protect their physical, moral, spiritual,intellectual, and social well-being. It shall inculcate in the youth patriotism

and nationalism, and encourage their involvement in public and civic affairs.

Family stable heterosexual relationship

Is anterior to the state and not a creature of the stateProtection that is guaranteed for the unborn

This is not an assertion that the unborn is a legal person This is not an assertion that the life of the unborn is placed exactly on

the level of the life of the mothero When necessary to save the life of the mother the life of

the unborn may be sacrificed Not for the purpose of saving the mother from

emotional suffering

Protection made to begin from the time of conception to prevent the state

from adopting the doctrine in the U.S. supreme court decision of which liberalized

abortion laws up to the 6th month of pregnancy by allowing abortion can be done

without danger to the motherIn the matter of education the primary and natural right belongs to the parents.

The constitution affirms the primary right of parents in the rearing of children to

prepare them for a productive civic and social life and at the same time it affirms

the secondary and supportive role of the state

Basic principle of liberty guaranteed by the due process clauseSection 14 The State recognizes the role of women in nation-building, and

shall ensure the fundamental equality before the law of women and men.

Section 15 The State shall protect and promote the right to health of the

people and instill health consciousness among them.Section 16 The State shall protect and advance the right of the people to abalanced and healthful ecology in accord with the rhythm and harmony of

nature.

Section 16 provide for enforceable rights appeal to it has been recognized as

conferring standing in minors to challenge logging policies of the government

(Oposa vs Factoran, Jr)

By authority of section 16 embodying the peoples right to a balancedecology and under various statutes, several government agents were

required by mandamus to undertake the cleaning of manila bay and itssurroundings (MMDA vs residents of manila bay)

Section 17 The State shall give priority to education, science and

technology, arts, culture, and sports to foster patriotism and nationalism,accelerate social progress, and promote total human liberation and

development.

Section 18 The State affirms labor as a primary social economic force. It

shall protect the rights of workers and promote their welfare.

Primary social economic force it means that the human factor has primacy

over the non-human factors in production

Section 19 The State shall develop a self-reliant and independent nationaleconomy effectively controlled by Filipinos.

How is this provision related to the article on the national economy and

patrimony this is a guide for interpreting provisions on the national economy and


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patrimony any doubt must be resolved in favor of self-reliance and independence

and in favor of Filipinos

Section 20 The State recognizes the indispensable role of the private sector,

encourages private enterprise, and provides incentives to neededinvestments.

Section 21 The State shall promote comprehensive rural development and

agrarian reform.

Rural developments must not only include agrarian reforms but also encompass

a broad spectrum of social, economic, human, cultural, political, and even industrial

development

Section 22 The State recognizes and promotes the rights of indigenous

cultural communities within the framework of national unity and

development.

Section 23 The State shall encourage non-governmental, community- based,or sectoral organizations that promote the welfare of the nation.

Section 24 The State recognizes the vital role of communication and

information in nation-building.

Section 25 The State shall ensure the autonomy of local governments.

Section 26 The State shall guarantee equal access to opportunities forpublic service, and prohibit political dynasties as may be defined by law.

Purpose of article 26 is to give substance to the desire for the equalization of

political opportunities

Political dynasties its definition is left to the legislature Non self-executory it merely specifies a guideline for legislative of

executive action

Section 27 The State shall maintain honesty and integrity in the public

service and take positive and effective measures against graft and

corruption.

Section 28 Subject to reasonable conditions prescribed by law, the

State adopts and implements a policy of full public disclosure of all itstransactions involving public interest

Article 6 The Legislative Department

Section 1 The legislative power shall be vested in the Congress of the

Philippines which shall consist of a Senate and a House of Representatives,

except to the extent reserved to the people by the provision of initiative

and referendum.

Legislative power is the authority to make laws and to alter or repeal

them

The legislative power of the congress is plenary Legislative power is vested in the congress of the Philippines

o Senateo House of representativeso Except to the extent reserved to the people by the provision

on initiative and referendum

The congress cannot pass irrepealable laws it attempts to limit thepower of future legislators

o The power of any legislator can be limited only by theconstitution

Advantages of bicameralism

Allow for a body with a national perspective to check the parochialtendency of representatives elected by district

Allows for more careful study of legislation Makes the legislature less susceptible to control by the executive Serves as training ground for national leaders

Advantages of unicameralism

Simplicity of organization resulting in:o Economy and efficiencyo Facility in pinpointing responsibility for legislation

Avoidance in duplicationKinds of legislative power republican system

Original legislative power possessed by the sovereign people Derived legislative power delegated by the people to legislative

bodies and is subordinate to the original power of the people

o Kind of power vested in congressOther legislative powers

Constituent power to amend or revise the constitutiono The people, through amendatory process, exercise

constituent power, and, through initiative and referendum

Ordinary power to pass ordinary lawsLimits of legislative power

Substantive limits curtail the contents of a law Procedural limits curtail the manner of passing laws

The congress cannot delegate its legislative powers the power must remain

to the people have lodged it. However, there are two exceptions to the rule:

Immemorial practice legislative power may be delegated to localgovernments Constitution in specific instances ex. Art6 sections 23(2) and 28(2)

Scope of the delegated power only as far as congress allows it

delegated legislation may not violate a statute

Administrative agencies not delegated with legislative or law-making powers

but rule-making power or law execution

Fill the details of an already complete statute Ascertain the facts necessary to bring a contingent law into actual

operation

Qualities which ensures that the power delegated is not law-making butmerely law execution:(Pelaez vs Auditor General)

Be complete itself it must set forth therein the policy to be carriedout or implemented by the delegate


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Fix a standard the limits of which are sufficiently determinate ordeterminable to which the delegate must conform in the

performance of his functions

Must the standard be formulated in precise declaratory language no. It

can be drawn from the declared policy of the law and from the totality of thedelegating statute

The power to fix wages may be delegated to an executive body providedthat there are adequate standards

Grant of quasi-legislative and quasi-judicial powers to administrative

bodies - result of the growing complexity of the modern society to help in the

regulation of its ramified activities

Rules and regulations promulgated by administrative agencies have forceof law and also have the force of penal law, provided the following

conditions concur:

The delegating statute itself must specifically authorize thepromulgation of penal regulations

The penalty must not be left to the administrative agencyo It must be provided by the statute itself

The regulation must be published in the official gazette or a newspaperof general circulation

Section 2 The Senate shall be composed of twenty-four Senators who shall

be elected at large by the qualified voters of the Philippines, as may beprovided by law.

There are 24 senators elected at large

Section 3 No person shall be a Senator unless he is a natural-born citizen of

the Philippines, and, on the day of the election, is at least thirty-five years

of age, able to read and writ, a registered voter, and a resident of the

Philippines for not less than two years immediately preceding the day of

election.

Qualifications of a senator these may neither be added to nor subtracted from

by the congress

Natural-born citizen of the Philippines At least 35 years of day on the day of the election Able to read or write Registered voter Resident of the Philippines for not less than two years immediately

preceding the day of election

Section 4 The term of office of the Senators shall be six years and shall

commence, unless otherwise provided by law, at noon on the thirtieth day

of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntaryrenunciation of the office for any length of time shall not be considered as

an interruption in the continuity of his service for the full term for which he

was elected.

The term of a senator

6 years commences at noon on the 13th day of June next followingtheir election, unless otherwise provided by law

No senator shall serve for more than two consecutive termsSection 5 (1) The House of Representatives shall be composed of not more

than two hundred and fifty members, unless otherwise fixed by law, whoshall be elected from legislative districts apportioned among the provinces,

cities, and the Metropolitan Manila area in accordance with the number of

their respective inhabitants, and on the basis of a uniform and progressive

ratio, and those who, as provided by law, shall be elected through a party-

list system of registered national, regional, and sectoral parties or

organizations.

(2) The party-list representative shall constitute twenty per centum of the

total number of representative including those under the party list. For

three consecutive terms after the ratification of this Constitution, one- half

of the seats allocated to party-list representatives shall be filled, as

provided by law, by selection of election from the labor, peasant, urbanpoor, indigenous cultural communities, women, youth, and such other

sectors as may be provided by law, except the religious sector.

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

compact, and adjacent territory. Each city with a population of at least twohundred fifty thousand, or each province, shall have at least representative.

(4) Within three years following the return of every census, the Congressshall make a reapportionment of legislative districts based on the

standards provided in this section.

House of representatives 250 members

Representative districts created by law

Legislative districts does not need conformation from plebiscite inits creation

Classification of the members of the house

District representatives each representing one congressionaldistrict

Party-list representatives elected through the party-list system Sectoral representatives only exist until 1998Party-list system under the system, registered national, regional, and sectoral

parties or organization submit a list of candidates arranged in the order of priority voted at large and the number of seats a party or organization will get, out of

20% allocated for party-list representatives, will depend on the number of votes

garnered nationwide

it is hoped that the system will democratize political power byencouraging the growth of multi-party system while at the same time

giving power to those who traditionally win in elections

Party-list or organization guidelines:

Represent the marginalized and underprivileged Must comply with this policy Must not represent the religious sector Must not be disqualified under section 6 of RA 7941


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Must not be an adjunct of or a project organized or an entity foundedor assisted by the government

Its nominees must comply with the requirements The nominee must likewise be able to contribute to the formation and

enactment of legislation that will benefit the nationParties or Organizations that are disqualified (section 6) The comelec may

motu propio or upon verified complaint of any interested party, remove or cancel,after due notice and hearing, the registration of any national, regional or sectoral

party, organization or coalition on any of the following grounds:

It is a religious sect or denomination, organization or associationorganized for religious purposes

Advocates violence or unlawful means to seek its goal It is a foreign party or organization It is receiving support from any foreign government, foreign political

party, foundation, organization, whether directly or through any of its

officers or members or indirectly through third parties for partisan

election purposes

It violates or fails to comply with laws, rules or regulations relating toelections

It declares untruthful statements in its petition It has ceased to exist for at least 1 year It fails to participate in the last 2 preceding elections or fails to obtain

at least 2% of the votes cast under the party-list system in the 2

preceding elections for the constituency in which it has registeredComelec determines whether or not a party is qualified to participate in the partylist system

Has no authority to correct the imbalance by the transfer ofmunicipalities from one district to another

Qualifications of a party-list nominee (section 9 of RA 9741):

Natural-born citizen of the Philippines Registered voter Resident of the Philippines for a period not less than 1 year

immediately preceding the day of the election

Able to read and write A bona fide member of the party or organizations which he seeks to

represent for at least 90 days preceding the day of the election

At least 25 years of age on the day of the electionQualifications of a nominee in the youth sector:

At least be 25 but not more than thirty years of age on the day of theelection

Proportional representation 20% celling mandatory

2% requirement to get a seat unconstitutional obstacle to filling the20%

Distribution of seats among the parties:

1st the 20% allocation the combined number of all party-listcongressmen shall not exceed 20% of the total membership of the

house of representatives, including those elected under the party-list

2nd the 2% threshold only those parties who garnered a minimum of2% of the total valid votes cast for the party-list system are qualified

to have a seat in the house of representatives

3rd proportional representation the additional seats which a qualifiedparty is entitled to shall be computed in proportion to their total

number of votes

Religious leaders may be elected or selected as sectoral representatives

The prohibition is against representation of religious sectors notreligious leaders

Legislative districts shall comprise, as far as practicable, contiguous, compact,adjacent territories

Each city with a population of at least 250,000 or each province, shallhave at least 1 representative

Uniform and progressive ratio concept of equality of representation basic principle of republicanism

Gerrymandering formation of one legislative district out of separate territoriesfor the purpose of favoring a candidate or a party is not allowed

Section 6 No person shall be a Member of the House of Representatives

unless he is a natural-born citizen of the Philippines and, on the day of the

election, is at least twenty-five years of age, able to read and write, and

except the party-list representatives, a registered voter in the district inwhich he shall be elected, and a resident thereof for a period of not less

than one year immediately preceding the day of the election.

Qualifications of a member of the house of representatives:

Natural-born citizen of the Philippines At least 25 years of age on the day of the election Able to read or write Registered voter in the district he shall be elected (party-list

representative)

Resident thereof for a period of not less than one year immediatelypreceding the day of the election

Domicile is the domicile of origin (Domino vs Comelec)

Requires not only such bodily presence in that place but also adeclared and probable intent to make it ones fixed and permanent

place of abode, ones homeo Animus manendi intention of remainingo Animus no revertendi intention of leaving

Residence requires the bodily presence in a given place

Property qualifications are contrary to the social justice provision of theconstitution (Marquera vs Borra

Section 7 The Members of the House of Representatives shall be elected for

a term of three years, which shall begin, unless otherwise provided by law,

at noon on the thirtieth of June next following their election.

No Member of the House of Representatives shall serve for more than three

consecutive terms. Voluntary renunciation of the office for any length of

the time shall not be considered as an interruption in the continuity of his

service for the full term for which he was elected.

Term of a member of the house:

3 years commences at noon on the 13th day of June next followingtheir election, unless otherwise provided by law


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No member of the house shall serve for more than three consecutiveterms

Term period during which an official is entitled to hold office

Changed by amendmentTenure period during which the official actually holds office

Can be shortenedSection 8 Unless otherwise provided by law, the regular election of the

Senators and the Members of the House of Representatives shall be held on

the second Monday of May.

Section 9 In case of vacancy in the Senate or in the House of

Representatives, a special election may be called to fill such vacancy in themanner prescribed by law, but the Senator or Member of the House of

Representatives thus elected shall serve only for the unexpired term.

In case of vacancy in the senate or house of representatives a special

election to fill the vacancy is not mandatory. The matter is left to the discretion of

congress in the manner prescribed by law

If there be a special election, the person elected shall serve only forthe unexpired term

Section 10 The salaries of Senators and Members of the House of

Representatives shall be determined by law. No increase in said

compensation shall take effect until after expiration of the full term of allthe Members of the Senate and the House of Representatives approvingsuch increase.

Salary of the members of the house 240,000 per annum art 18 sec 17

Legal bar to the legislators yielding to the natural temptation to increase their

salaries

Section 11 A Senator or Member of the House of Representatives shall, in

all offenses punishable by not more than six years imprisonment, beprivileged from arrest while the Congress is in session. No Member shall be

questioned nor be held liable in any other place for any speech or debate in

the Congress or in any committee thereof.

Differences between privilege from arrest (1987 and 1935) available onlywhen the congress is in session protection from harassment which will keep him

away from legislative sessions

1987 privilege from civil arrest and even for a criminal offenseprovided that the offense is not punishable by a penalty of more than

6 years imprisonment

1935 privilege only from civil arrestParliamentary privilege of speech no member shall be questioned nor be held

liable in any other place for any speech or debate in the congress or in any

committee thereof

Protection only against forums other than the congress itself doesnot protect the assemblyman against the disciplinary authority of the

congress but it is an absolute protection against suits for libel

Speech or debate includes utterances made in the performance ofofficial functions

It is not essential that the congress be in session what is essential isthat the utterance must constitute legislative action, that is, it must be

part of the deliberative and communicative process by which

legislators participate in committee or congressional proceedings in the

consideration of proposed legislation or of other matters which theconstitution has placed within the jurisdiction of the congress

Purpose of the privilege intended to leave the legislator unimpededin the performance of his duties and free from fear of harassment

outside

Section 12 All Members of the Senate and the House of Representatives

shall, upon assumption of office, make a full disclosure of their financial

and business interests. They shall notify the House concerned of a potentialconflict of interest that may arise from the filing of a proposed legislation

of which they are authors.

Section 13 No Senator or Member of the House of Representatives, may

hold any other office or employment in the Government, or any subdivision,

agency or instrumentality thereof, including government- owned orcontrolled corporations or their subsidiaries, during his term without

forfeiting his seat. Neither shall he be appointed to any office, which may

have been created, or the emoluments thereof increased during the term

for which he was elected.

Section 14 No Senator or Member of the House of Representatives maypersonally appear as counsel before any court of justice or before theElectoral Tribunals, or quasi-judicial and other administrative bodies.

Neither shall he, directly or indirectly, be interested financially in anycontract with, or in any franchise or special privilege granted by the

Government, or any subdivision, agency, or instrumentality thereof,

including any government-owned or controlled corporation, or its

subsidiary, during his term of office. He shall not intervene in any matter

before any office of the Government for his pecuniary benefit or where he

may be called upon to act on account of his office.

Prohibitions on a member of congress relative to the practice of his

profession:

Personally appear as counsel before:o Any court of justiceo Electoral tribunalso Quasi-judicial and other administrative bodies

Directly or indirectly be interested financially in any contract with, or inany franchise or special privilege granted by the government, or any

subdivision, agency, or instrumentally thereof including any

government-owned or controlled corporation, or its subsidiary, during

his term or office

He shall not intervene in any matter before any office of thegovernment of his pecuniary benefit or where he may be called upon

to act on account of his officeIntervention would make the constitutional provision ineffective acquire a

minimal participation in the interest of a client and then intervene in the

proceedings


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Section 15 The Congress shall convene once every year on the fourth

Monday of July for its regular session, unless a different date is fixed by

law, and shall continue to be in session for such number of days as it may

determine until thirty days before the opening of its next regular session,

exclusive of Saturdays, Sundays, and legal holidays. The President may calla special session at any time.

Special session one called by the president while the legislature is in recess

1935 special session the legislature could consider only the subjectmatter designated by the president

o 100 days regular session 1987 congresss discretion to number the days of a regular session

the distinction is no longer significant for the purpose ofdetermining what the legislature may consider

Section 16 (1) The Senate shall elect its President and the House of

Representative its Speaker, by a majority vote of all its respective Members.

Each House shall choose other such other officers as it may deemnecessary.

(2) A majority of each House shall constitute a quorum to do business, but

a smaller number may adjourn from day to day and may compel the

attendance of absent Members in such manner, and under such penalties,as such House may provide.(3) Each House may determine the rules of its proceedings, punish its

Members for disorderly behavior, and, with the concurrence of two-thirdsof all its Members, suspend or expel a Member. A penalty of suspension,

when imposed, shall not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to

time publish the same, excepting such parts as may, in its judgment, affect

national security; and the yeas and nays on any question shall, at the

request of one-fifth of the Members present, be entered in the Journal.Each House shall also keep a Record of its proceedings.

(5) Neither House during sessions of the Congress shall, without the

consent of the other, adjourn for more than three days, nor to any otherplace than that in which the two Houses shall be sitting.

Officers of the congress

Senate president Speaker of the house Other officers each house may deem necessary

Quorum it is based on the proportion between those physically present and the

total membership of the body

Implementation of the rules of either house the court cannot intervene

the legislatures formulation and implementation of its rules except on mattersaffecting internal operation of the legislature

Also when the legislative rules affects private rightsPurpose of keeping a journal conclusive upon the courts

To ensure publicity to the proceedings of the legislature, and acorrespondent responsibility of the members to their respective

constituents

To provide proof of what actually transpired on the legislatureMatters excluded in the journal judgment affecting national securityEnrolled bill doctrine the signing of a bill by the speaker of the house and the

president of the senate and the certification by the secretaries of both houses ofcongress that such bill was passed are conclusive of its due enactment (Arroyo vs

De Venecia)

Enrolled bill is the official copy of the approved legislation and bears the

certification of the presiding officer of the legislative body

The respect due to coequal department requires the courts to acceptthe certification of the presiding officer as conclusive assurance thatthe bill so certified is authentic

Enrolled bill theory is based mainly in the respect due to a coequal department

Section 17 The Senate and the House of Representatives shall each have an

Electoral Tribunal, which shall be the sole judge of all contests relating to

the election, returns, and qualification of their respective Members. Each

Electoral Tribunal shall be composed of nine Members, three of whom shallbe Justices of the Supreme Court to be designated by the Chief Justice, and

the remaining six shall be Members of the Senate or the House of

Representatives, as the case may be, who shall be chosen on the basis of

proportional representation from the political parties or organizations

registered under the party-list system represented therein. The seniorJustice in the Electoral Tribunal shall be its Chairman.

Electoral tribunal of each house sole judge of all contests relating to theelection, returns, and qualifications of the members of congress

Once the candidate has been proclaimed, taken his oath and assumedoffice as a member of the house of representatives

comelecs jurisdiction ends and HRET begins

Decided whether or not a party-list is qualified to join the party-listsystem

Composition of electoral tribunal the senior justice of the tribunal shall be its

chairman

3 justices of the supreme court designated by the chief justice 6 members of the of the senate or the house of representatives chosen by proportional representation

PET sole judge of all contests relating to the election, returns and qualifications ofthe president or vice-president

SET sole judge of all contest relating to the election, returns and qualifications of

members of the senate

Congress and COMELEC en banc shall determine only the authenticity and due

execution of the certificates of canvass

Exercise this power before the proclamation of the winning candidateDifference between the electoral tribunal under the 1935 and 1987

1935 only the two major political parties had representation andthey had it equally between them

1987 all political parties are given proportional representationWhat is the extent of the jurisdiction of the supreme court over the

electoral tribunals judicial review of decisions or final resolutions of the electoral


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tribunals is possible only in the exercise of the courts so-called extraordinary

jurisdiction upon a determination that the tr ibunals decision or resolution was

rendered without or in excess of jurisdiction or with grave abuse of discretion

constituting denial of due process

Section 18 There shall be a Commission on Appointments consisting of the

President of the Senate, as ex officio Chairman, twelve Senators, andtwelve Members of the House of Representatives, elected by each House on

the basis of proportional representation from the political parties and

parties or organizations registered under the party-list system represented

therein. The Chairman of the Commission shall not vote, except in case of a

tie. The Chairman of the Commission shall not vote, except in case of a tie.

The Commission shall act on all appointments submitted to it within thirtysession days of the Congress from their submission. The Commission shall

rule by a majority vote of all the Members.

Composition of the Commission on appointments: - the total composition is 25

but the chairman votes only to break the tie

Senate president chairman 12 senators 12 members of the house elected by each house according to

proportional representation of the parties or organizations registered

under the party-list system represented therein

Function of the commission on appointments acts as a legislative check inthe appointing authority of the president

Section 19 The Electoral Tribunals and the Commission on Appointmentsshall be constituted within thirty days after the Senate and the House of

Representatives shall have been organized with the election of the

President and the Speaker. The Commission on Appointments shall meet

only while the Congress is in session, at the call of its chairman or a

majority of all its members, to discharge such powers and functions as are

herein conferred upon it.

How should the commission arrive at its decisions

1st the commission must act on all appointments submitted to it within30 days from submission to prevent the commission from freezing

appointments 2nd the commission can meet and act only when the congress is in

session

Section 20 The records and books of accounts of the Congress shall be

preserved and be open to the public in accordance with law, and such

books shall be audited by the Commission on Audit which shall publish

annually an itemized list of amounts paid to and expenses incurred for each

member.

Section 21 The Senate of the House of Representatives or any of itsrespective committees may conduct inquiries in aid of legislation in

accordance with its duly published rules of procedure. The rights of

persons appearing in or affected by such inquiries shall be respected.

Legislative Hearings

Section 21 legislative investigations in aid of legislation its scope and

limitation has been the subject of earlier rulings but Senate vs Ermita, specified who

may and who may not be summoned to section 21 hearings

A department head who is an alter ego of the president may besummoned

Chairman and members of PCGG Anyone except the president and justices of the supreme court

o This must be published intended to satisfy the basicrequirement of due process

o Publication is indeed imperative, for it will be the height ofinjustice to punish or otherwise burden a citizen for the

transgression of a law or rule of which he had no noticewhatsoever, not even a constructive one

Takes effect after 15 days of publication Power of inquiry is an essential and appropriate auxiliary to the

legislative function a legislative body cannot legislate wisely or

effectively in the absence of information respecting the conditions

which the legislation is intended to affect or change

is an essential element for establishing the jurisdiction of thelegislative body

The rights of persons appearing in or affected by such inquiries shall be

respected legislative investigations must be subject to the limitations placed by

the constitution on governmental action all governmental action must beexercised subject to constitutional limitations, principally found in the bill of rights,this limitation really creates no new constitutional right

How long may congress keep a contumacious witness in detention

limitations on the power of congress in the implicit limitation that the legislaturespower to commit a witness for contempt terminates when the legislative body cease

to exist upon its final adjournment

Section 22 The heads of Departments may upon their own initiative, with

the consent of the President, or upon the request of either House shall

provide, appear before and be heard by such house on any matterpertaining to their Departments. Written questions shall be submitted to

the President of the Senate of the Speaker of the House of Representatives

at least three days before their scheduled appearance. Interpellations shall

not be limited to written questions, but may cover matters related thereto.When the security of the state or the public interest so requires and the

President so states in writing, the appearance shall be conducted inexecutive session.

Section 22 oversight function of congress intended to enable congress to

determine how laws passed are being implemented. In difference to separation of

powers

Department heads are alter egos of the president they may notappear without the permission of the president

o Exemption from summon applies only to department headsand not to everyone who has a cabinet rank

Formalizes the oversight function of congress intended to forestallany objection to a department heads appearance in congress


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Question hour is proper to a parliamentary system where there is no separation

between the legislative and executive department

Question hour under the 1973 constitution has made the appearance of

department heads voluntary

Section 23 (1) The Congress, by a vote of two-thirds of both Houses in joint

session assembled, voting separately, shall have the sole power to declarethe existence of a state of war.

(2) In times of war or other national emergency, the Congress may by lawauthorize the President, for a limited period and subject to such

restrictions as it may prescribe, to exercise powers necessary and proper

to carry out a declared national policy. Unless sooner withdrawn byresolution of Congress, such power shall cease upon the next adjournment

thereof.

War power (1935) art6 sec25 gave to congress the sole power to declare war

War power (1973 & 1987) gave to congress the sole power to declare the

existence of war the Philippines renounces aggressive war as an instrument ofnational policy

Executive power holds the actual power to make war

Holds the sword of the nation May make war even in the absence of a declaration of war

Emergency powers for a limited period and subject to such restrictions as itmay be prescribed

To exercise powers necessary withdrawn by resolution of congress,such powers necessary and proper to carry out a declared nationalpolicy

What emergency powers may be delegated to exercise powers necessary and

proper to carry out a declared national policy executive fiat

Section 24 All appropriation, revenue or tariff bills, bills authorizing

increase of the public debt, bills of local application, and private bills shall

originate exclusively in the House of Representatives, but the Senate maypropose or concur with amendments.

Bills that must originate from the house

Tariff or Revenue bills

Appropriations Bills authorizing increase of the public debt Bills of local application conversion of a municipality into a city Private bills

Section 25 (1) The Congress may not increase the appropriations

recommended by the President for the operation of the Government as

specified in the budget. The form, content and manner of preparation of the

budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the General

Appropriations Bill unless it relates specifically to some particular

appropriation therein. Any such provision or enactment shall be limited in

its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Congress shall

strictly follow the procedure for approving appropriations for other

departments and agencies.

(4) A Special Appropriations Bill shall specify the purpose for which it is

intended, and shall be supported by funds actually available as certified bythe National Treasurer, or to be raised by a corresponding revenue

proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations;

however, the President, the President of the Senate, the Speaker of the

House of Representatives, the Chief Justice of the Supreme Court, and theHeads of Constitutional Commissions may, by law, be authorized to

augment any item in the General Appropriations Law for their respective

offices from savings in other items of their respective appropriations.

(6) Discretionary Funds appropriated for particular officials shall be

disbursed only for public purposes to be supported by appropriate vouchersand subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass

the General Appropriations Bill for the ensuing fiscal year, the General

Appropriations Law for the preceding fiscal year shall be deemed reenactedand shall remain in force and effect until the General Appropriations Bill ispassed by the Congress.

Preparation of general appropriations bill:

1. It must originate from the house of representatives2. The congress may not increase the appropriations recommended by the

president for the operation of the government as specified in the budget

The form, content, and manner of preparation of the budget shall beprescribed by law

Rule on Riders no provision or enactment shall be embraced in the general

appropriations bill unless it relates specifically to some particular appropriation

therein.

Guidelines for passing a bill in congress:

1

st

Reading: reverted to appropriate Committee to decide whether itshould prosper or not.

2nd Reading: reverted to the floor for debates on merits and demeritsplus amendments.

3rd Reading: reverted back to the floor for voting, no moreamendments shall be allowed.

o If from the House of Representatives, it is the sent to theSenate if approved, and in the Senate, it shall follow the

same three reading procedure.

Urgent bills are those certified by the President that a certain bill is necessary for

the nation

Urgent bills would disregard the necessity of three separate readingson three separate days.


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Section 26 (1) Every bill passed by the Congress shall embrace only one

subject which shall be expressed in the title thereof.

(2) No bill passed by either house shall become a law unless it has passed

three readings on separate days, and printed copies thereof in its final formhave been distributed to its members three days before its passage, except

when the President certifies to the necessity of its immediate enactment tomeet a public calamity of emergency. Upon the last reading of a bill, no

amendment thereto shall be allowed, and the vote thereon shall be take

immediately thereafter, and the yeas and nays entered in the journal.

Purpose of the rule

To prevent hodge-podge or log-rolling legislation To prevent surprise or fraud upon the legislation of provisional

interpretation which the title does not give information, overlooked by

the legislature, and unintentionally adopted

To fairly apprise the people through its publicationGuidelines for passing a bill in congress:

1st Reading: reverted to appropriate Committee to decide whether itshould prosper or not.

2nd Reading: reverted to the floor for debates on merits and demeritsplus amendments.

3rd Reading: reverted back to the floor for voting, no moreamendments shall be allowed.

o If from the House of Representatives, it is the sent to theSenate if approved, and in the Senate, it shall follow the

same three reading procedure.How must the rule be interpreted liberally the rule should be given a

practical rather than a technical construction. It should be sufficient compliance

with such requirement if the title expresses the general subject and all the

provisions of the statute are germane to that general subject

Bicameral conference committee It may deal generally with the subject matter

or it may be limited to resolving the precise differences between the two Houses.Normally, no new subject can be liberally inserted, but occasionally committees

produce unexpected results, and are symptomatic of the Authorization Power of the

Conference Committees

Section 27 (1) Every bill passed by the Congress shall, before it becomes a

law, be presented to the President. If he approves the same, he shall signit; otherwise, he shall veto it and return the same with his objections to the

House where it originated, which shall enter the objections at large in itsjournal and proceed to reconsider it. If, after such reconsideration, two-

thirds of all the members of such House shall agree to pass the bill, it shall

be sent, together with the objections, to the other house by which it shall

likewise be reconsidered, and if approved by two-thirds of all the members

of that House, it shall become a law. In all cases, the votes of each House

shall be determined by yeas or nays, and the names of the members voting

for or against shall be entered in its journal. The President shall

communicate his veto of any bill to the House where it originated withinthirty days after the date of receipt thereof; otherwise, it shall become a

law as if he had signed it.

(2) The President shall have the power to veto any particular item or items

in an appropriation, revenue or tariff bill, but the veto shall not affect the

item or items to which he does not object.

Steps needed before a bill finally becomes a law

1st it must be approved by congresso The legislative action required of congress is a positive act

2nd it must be approved by the presidento Approval by the president may be by positive act or by

inactiono The president shall communicate his veto of any bill to the

house where it originated within 30 days after the date of

receipt thereof; otherwise, it shall become law as if he hadsigned it

Yeas and nays

Upon the last and third reading of a bill At the request of one-fifth of the members present In re-passing a bill over the veto of the president

Bicameral system bills independently processed by both houses of congress not usually the final version approved by one house differs from what has been

approved by the other

Conference committee consisting of members nominated from both houses, is

an extra-constitutional creation of congress whose function is to purpose to

congress ways of reconciling conflicting provisions found in the senate version andin the house version of a bill

Amendments germane to the purpose of the bill could be introducedeve if these were not in either original bill

Item veto

GR: if the president disapproves a bill approved by congress vetothe entire bill

E: appropriation, revenue and tariff bills can veto separate partsItem is an indivisible sum of money dedicated to a stated purpose and not some

general provision of law which happens to be put into an appropriation bill

Doctrine of inappropriate provisions is that a provision that is constitutionallyinappropriate for an appropriation bill may be singled out for veto even if it is not an

appropriation or revenue item

In essence, the president may veto riders in an appropriation billExecutive impoundment refusal of the president to spend funds alreadyallocated by congress for a specific purpose

Section 28 (1) The rule of taxation shall be uniform and equitable. TheCongress shall evolve a progressive system of taxation.

(2)The Congress may, by law. Authorize the President to fix within

specified limits, and subject to such limitations and restrictions as it may

impose, tariff rates, import and export quotas, tonnage and wharf age dues,

and other duties or imposts within the framework of the National

Development Program of the Government.

(3) Charitable institutions, churches and parsonages or convents thereto,

mosques, non-profit cemeteries, and all lands, buildings, and

improvements actually, directly, and exclusively used for religious,

charitable, or educational purposes shall be exempt from taxation.


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

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

Power to tax to raise revenue

Instrument of national economic and social policy Power to tax involves power to destroy Tool for regulation regulating property, the state can choose to

exercise its police power or its power to tax

Power to keep alive foundation for the imposition of tariffs designedfor the encouragement and protection of locally produced goods

against competition form imports

General limit on the power to tax implicit in the power is the limitation that itshould be exercised only for a public purpose

It must be uniform, equitable, progressive and only for public purposeo A tax is uniform, within the constitutional requirement, when

it operates with the same force and effect in every place

where the subject of it is found

Equitable to add nothing except by way ofemphasis

Uniformity of taxation:

The standards that are used therefore are substantial and not arbitrary The categorization is germane to achieve the legislative purpose The law applies all things being equal to both present and future

conditions

The classification applies equally well to all those belonging to thesame class

Progressive system of taxation when the rate increases as the tax base

increases

Exempted from taxation: - exempted from property tax

Charitable institutions Churches and parsonages or convents appurtenant thereto Mosques Non-profit cemeteries All lands, buildings and improvements actually, directly, and

exclusively used for religious, charitable or educational purposes

Section 29 (1) No money shall be paid out of the Treasury except in

pursuance of an appropriation made by law.

(2) No public money or property shall be appropriated, applied, paid, or

employed, directly or indirectly, for the use, benefit, or support of any sect,

church, denomination, sectarian institution, or system of religion, or any

priest, preacher, minister of other religious teacher or dignitary as such,

except when such priest, preacher, minister, or dignitary is assigned to theArmed Forces or to any penal institution, or government orphanage or

leprosarium.

(3) All money collected on any tax levied for a special purpose shall be

treated as a Special Fund and paid out for such purpose only. If the

purpose for which a Special Fund was created has been fulfilled or

abandoned, the balance, if any shall be transferred to the general funds of

the Government.

The congress has control of the expenditure of public funds Restriction on public funds:

Disbursements from the treasury can only be made by law No money shall be used for religious purposes, except for chaplains in

armed services or government institutions

Special funds may only be paid out for specific purposes and itsbalance after use is transferred to the general funds of thegovernment

Section 30 No law shall be passed increasing the appellate jurisdiction of

the Supreme Court as provided in this Constitution without its advice and

concurrence.

Section 31 No law granting a title of royalty or nobility shall be enacted.

Title of royalty or nobility sultan is not considered a title of royalty in the law

because it is not stated there

Section 32 The Congress shall, as early as possible, provide for a system ofinitiative and referendum, and the exceptions therefrom, whereby the

people can directly propose and enact laws or approve or reject any act orlaw or part thereof passed y the Congress or Local Legislative Body after

the registration of a petition therefore signed by at least ten per centum of

the total number of registered voters, of which every legislative district

must be represented by at least three per centum of the registered voters

thereof.

Initiative and referendum the people can legislate

Inherent powers of the government:

Power to tax Eminent domain

Police power

Article 7 The Executive DepartmentSection 1 The executive power shall be vested in the President of thePhilippines.

Section 2 No person may be elected President unless he is a natural-borncitizen of the Philippines, a registered voter, able to read and write, at least

forty years of age on the day of the election, and a resident of the

Philippines for at least ten years immediately preceding such election.

Constitutional powers of the president


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Power of control over all executive departments, bureaus, and offices Power to execute laws Appointing power Powers under the Commander-in-Chief clause Power to grant reprieves, commutations and pardons Power to grant amnesty with the concurrence of Congress Power to contact or guarantee foreign loans Power to enter into treaties or international agreements Power to submit the budget to Congress Power to address Congress

Qualifications of a president and vice-president:

Natural born citizen of the Philippines 40 years of age on the day of the election Registered voter Able to read and write Resident for at least 10 years immediately preceding the election

Executive power it is vested to the president both head of state and chief

executive

Duties of the head of state:

Long catalogue of public duties that the queen discharges in England The president of the republic of France Governor-General of Canada

Chief executive he is the chief executive and no one else

Executive of the government of the Philippines and no one elseDuties of the government:

To serve and protect the people Maintain peace and order Protect life, liberty and property Promote the general welfare

Executive privilege is the power of the president to withhold certain types of

information from the courts, the congress and ultimately the public

Information that is covered by the executive privilege

The types of information include those which are of a nature thatdisclosure would subvert military or diplomatic objectives

Information about the identity of persons who furnish information ofviolations of law

Information about internal deliberations comprising the process bywhich government decisions are reachedSection 2(a) of EO 464 privileges:

Conversations and correspondence between the president and thepublic official covered by this executive order

Military, diplomatic and other national security matters which in theinterest of national security should not be divulged

Information between inter-governmental agencies prior to theconclusion of treaties and executive agreements

Discussions in close-door cabinet meetings Matters affecting national security and public order

Presidential communication is presumptively privilege; but the presumption issubject to rebuttal who ever challenges it, must shoe good and valid reasons

related to the public welfare

Parliamentary rules are merely procedural and with their observance, the

courts have no concern

They may be waived or disregarded by the legislative body providedof course private rights are not violated

Presidential Immunity during tenure remains as part of the law

Disregarded was expansive notion of immunity in the Marcosconstitution

Section 3 There shall be a Vice-President who shall have the samequalifications and term of office and be elected with and in the same

manner as the President. He may be removed from office in the same

m1anner as the President.

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

appointment requires no confirmation.

Function of the vice-president his only constitutional function is to be on hand

to act as president when needed or to succeed to the presidency in case of a

permanent vacancy in the office

The president may also appoint him as a member of the cabinet does not need the consent of the commission on appointments

Section 4 The President and the Vice-President shall be elected by direct

vote of the people for a term of six years which shall begin at noon on the

thirtieth day of June next following the day of the election and shall end at

noon of the same date six years thereafter. The President shall not beeligible for any reelection. No person who has succeeded as President andhas served as such for more than four years shall be qualified for election

to the same office at any time.

No Vice-President shall serve for more than two successive terms.

Voluntary renunciation of the office for any length of time shall not be

considered as an interruption in the continuity of the service for the full

term for which he was elected.

Unless otherwise provided by law, the regular election for President andVice-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 betransmitted to the Congress, directed to the President of the Senate. Upon

receipt of the certificates of canvass, the President of the Senate, shall notlater than thirty days after the days of the election open all the certificates

in the presence of the Senate and the House of Representatives in joint

public session, and the Congress, upon determination of the authenticity

and due execution thereof in the manner provided by law, canvass the

votes.

The person having the highest number of votes shall be proclaimed elected,

but in case two or more shall have an equal and highest number of votes,

one of them shall forthwith be chosen by the vote of a majority of all theMembers of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the

certificates.


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The Supreme Court, sitting en banc, shall be the sole judge of all contests

relating to the election, returns, and qualifications of the President or Vice-

President, and may promulgate its rules for the purpose.

How are the president and vice-president elected by direct vote of thepeople

Congress proclaims the presidential and vice-presidential winners not thecomelec

Adjournment terminates legislation but not non-legislative functions of congress

Supreme court judge relating to the election, returns and qualifications of thepresident or vice-president

The supreme court and presidential electoral tribunal are one and thesame

Election protest only the registered candidate for president or vice-president of

the Philippines who may contest the election of the president or the vice-president,

as the case may be, by filing a verified petition with the clerk of the presidential

electoral tribunal within 30 days after the proclamation of the winner

Only the 2nd and 3rd placers may contest the electionTerms of the president and vice-president

6 years which begins at noon on the 13 th day of June next followingthe day of the election

it will end at noon of the same date 6 years thereafterSection 5 Before they enter on the execution of their office, the President,the Vice-President, the Vice-President, or the Acting President shall takethe following oath or affirmation:

I do solemnly swear (or affirm) that I will faithfully andconscientiously fulfill my duties as President (or Vice-President

or Acting President) of the Philippines, preserve and defend its

Constitution, execute its laws, do justice to every man, and

consecrate myself to the service of the Nation. So help me God.

(In case of affirmation, last sentence will be omitted.)

Obligations of the president sworn in the oath:

Fulfill his duties Preserve and defend the Constitution

Execute the laws Do justice to every man Consecrate himself to the service of the nation.

Section 6 The President shall have an official residence. The salaries of the

President and Vice-President shall be determined by law and shall not be

decreased during their tenure. No increase in said compensation shall take

effect until after the expiration of the term of the incumbent during which

such increase was approved. They shall not receive during their tenure any

other emolument from the Government or any other source.

Section 7 The President-elect and the Vice-President-elect shall assumeoffice at the beginning of their terms.

If the President-elect fails to qualify, the Vice-President-elect shall act as

President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act

as President until shall have been chosen and qualified.

If at the beginning of the tem of the President, the President-elect shallhave died or shall become permanently disabled, the Vice-President-elect

shall become President.

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

have qualified, or where both shall have died or become permanentlydisabled, the President of the Senate or, in case of his inability, the Speaker

of the House of Representatives shall act as President until a President or a

Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to

act as President shall be selected until a President or a Vice-President shall

have qualified, in case of death, permanent disability, or inability of the

officials mentioned in the next preceding paragraph.

Situations of vacancy:

The vice-president becomes acting president until a president qualifieso 1st when a president has been chosen but he fails to qualify at

the beginning of his termo 2nd when no president has yet been chosen at the time he is

supposed to assume office

the vice-president-elect becomes presidento 3rd when the president-elect dies or is permanently

incapacitated before the beginning of his term

the senate president or the speaker (in that order) acts as a presidentor vice-president

o 4th when both the president and vice-president have not beenchosen or have failed to qualify

o 5th when both shall have died or become permanentlyincapacitated at the start of their term

Congress will decide by law who will act as president until a presidentor vice-president shall have been elected and qualified

oWhen the senate president or the speaker shall have died orare unable to assume office

Section 8 In case of death, permanent disability, removal from office, or

resignation of the President, the Vice-President shall become the President

to serve the unexpired term. In case of death, permanent disability,

removal from office, or resignation of both the President and Vice-

President, the President of the Senate or, in case of his inability, the

Speaker of the House of Representatives, shall then act as President until

the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of

death, permanent disability, or resignation of the Acting President. He shall

serve until the President or the Vice-President shall have been elected and


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qualified, and be subject to the same restrictions of powers and

disqualifications as the Acting President.

Situations of vacancy:

The vice-president becomes the presidento 1st when the incumbent president dies or is permanently

disabled, removed or resigns

The senate president or the speaker shall act as president or vice-president until a president or vice-president shall have been elected

and qualifiedo 2nd when both president and the vice-president die or are

permanently disabled, are removed or resign

the congress will determine by law who will act as president until anew president or vice-president shall have qualified

o 3rd when the acting president dies or permanentlyincapacitated, is removed or resigns

Section 9 Whenever there is a vacancy in the Office of the Vice-President

during the term for which he was elected, the President shall nominate aVice-President from among the Members of the Senate and the House of

Representatives who shall assume office upon confirmation by a majority

vote of all the Members of both Houses of the Congress, voting separately.

The president shall nominate a vice-president From among the members of the senate and the house of

representatives

o Majority vote of all the members of the houses votingseparately

Section 10 The Congress shall, at ten oclock in the morning of the third day

after the vacancy in offices of the President and Vice-President occurs,

convene in accordance with its rules without need of a call and within

seven days enact a law calling for a special election to elect a President anda Vice-President to be held not earlier than forty-five days nor sixty days

from the time of such call. The bill calling such special election shall be

deemed certified under paragraph 2, Section 26, Article of this Constitution

and shall become law upon its approval on third reading by the Congress.

Appropriations for the special application shall be charged against anycurrent appropriations and shall be exempt from the requirements of

paragraph 4, Section 25, Article 6 of this Constitution. The convening of theCongress cannot be suspended not the special election postponed. No

special election shall be called if the vacancy occurs within eighteen

months before the date of the next presidential election.

Guidelines for special elections of in case of a vacancy in the offices of the

president or vice-president:

Congress must convene at 10am, three days after the vacancy occurs Within 7 days, they must enact a law for special elections Elections must be held from 45 to 60 days from the enactment of the

law

Characteristics of this special election:

It doesnt need Presidential approval, because there is no Presidentanyway

The expenses will be charged against current appropriations The convening of Congress cannot be postponed The special elections cannot be postponed, as well Elections will not be held if the vacancy occurs within 18 months of the

next regular elections

Section 11 Whenever the President transmits to the President of the

Senate and Speaker of the House of Representative his written declarationthat he is unable to discharge the powers and duties of his office, and until

he transmits to them a written declaration to the contrary, such powers

and duties shall be discharged by the Vice-President as Acting President.

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

President of the Senate and to the Speaker of the House of Representatives

their written declaration that the President is unable to discharge the

powers and duties of his office, the Vice-President shall immediately

assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate

and to Speaker of the House of Representatives his written declaration that

no inability exists, he shall reassume the powers and duties of his office.

Meanwhile, should a majority of all the Members of the Cabinet transmitwithin five days to the President of the Senate and to the Speaker of theHouse of Representatives their written declaration that the President is

unable to discharge the powers and duties of his office. For that purpose,the congress shall convene, if it is not in session, within forty-eight hours,

in accordance with its rules and without need of call.

If the congress, within ten days after receipt of the last written declaration,

or, if not in session, within twelve days after it is required to assemble,

determines by a two-thirds vote of both houses, voting separately, that thepresident is unable to discharge the powers and duties of his office, the

Vice-President shall continue exercising the powers and duties of his office.

Procedures with regard to the disability of the president:

The President personally informs the heads of both Houses of Congressof his

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