ARTICLE VI – THE LEGISLATIVE DEPARTMENT

SEC. 1. The legislative power shall be vested in the Congress of the

Philippines, which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.

Classification of legislative power: (O De CO)

1. Original – Possessed by the people in their sovereign capacity

2. Delegated – Possessed by Congress and other legislative bodies by
virtue of the Constitution
3. Constituent – The power to amend or revise the Constitution
4. Ordinary – The power to pass ordinary laws

Note:
The original legislative power of the people is exercised via initiative and
referendum. In this manner, people can directly propose and enact
laws, or approve or reject any act or law passed by Congress or a local
government unit.

Limits on the legislative power of Congress:

1. Substantive – limitations on the content of laws. E.g. no law shall be

passed establishing a state religion.

2. Procedural – limitations on the manner of passing laws. E.g.

generally a bill must go through three readings on three separate
days.

Note:
Provided that these two limitations are not exceeded, Congress’
legislative power is plenary.

Corollaries of legislative power:

1. Congress cannot pass irrepealable laws. Since Congress’ powers

are plenary, and limited only by the Constitution, any attempt to limit
 the powers of future Congresses via an irrepealable law is not
allowed.

2. Congress, as a general rule, cannot delegate its legislative power.

Since the people have already delegated legislative power to
Congress, the latter cannot delegate it any further.

EXCEPTIONS:

1. Delegation of legislative power to local government units;

2. Instances when the Constitution itself allows for such delegation [see
Art. VI Sec. 23(2)]

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-

MAKING POWER or LAW EXECUTION. This involves either of two
tasks for the administrative agencies:

1. “Filling up the details” on an otherwise complete statute; or

2. Ascertaining the facts necessary to bring a “contingent” law or
provision into actual operation.

Sections 2-4. SENATE

Composition

24 senators who shall be elected at large by the qualified voters of the

Philippines, as may be provided by law.

Qualifications

1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day
of the election.

Note: The qualifications of both Senators and Members of the House

are limited to those provided by the Constitution. Congress cannot, by
law, add or subtract from these qualifications.
Term of Office:

6 years, commencing (unless otherwise provided by law) at noon, 30

June next following their election.

Term Limitations:

1. No Senator shall serve for more than 2 consecutive terms.

2. Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the full
term for which he was elected.

Sections 5-7. HOUSE OF REPRESENTATIVES

Composition:

1. Not more than 25 members, unless otherwise fixed by law; and

2. Party-list Representatives

Election of 250 members

1. They shall be elected from legislative districts apportioned among the

provinces, cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of
inhabitants of each area and on the basis of a uniform and
progressive ratio.

a. Each district shall comprise, as far as practicable, contiguous,

compact and adjacent territory;
b. Each city with at least 250,000 inhabitants will be entitled to at
least one representative.
c. Each province will have at least one representative.
d. Legislative districts shall be re-apportioned by Congress within
3 years after the return of each census. According to Jack,
however, while the apportionment of districts is NOT a political
question, the judiciary CANNOT compel Congress to do this.
e. The standards used to determine the apportionment of
legislative districts is meant to prevent ‘gerrymandering’, which
is the formation of a legislative district out of separate territories
so as to favor a particular candidate or party.

Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately preceding
the day of the election.

Term of Office

1. Each member of the House shall be elected for a term of three (3)
years which shall commence (unless otherwise provided for by law)
at noon on 30 June next following their election.
2. Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the full
term for which he was elected.

Term Limitations

No member of the House of Representatives shall serve for more than

three (3) consecutive terms.

Distinctions between Term and Tenure

1. Definition

a. Terms means the period during which the elected officer is

legally authorized to assume his office and exercise the powers
thereof.
b. Tenure is the actual period during which such officer actually
holds his position.

2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which
considers an elective office automatically vacated when the
holder thereof files a certificate of candidacy for another elective
 office (except President and Vice-President) is valid, as it only
affects the officers tenure and NOT his constitutional term.

Party-List Representatives

1. Constitute 20% of the total number of representatives, including those

under the party-list system (thus a maximum of 50 party-list members
of the House)

2. However, for 3 consecutive terms from 2 February 1987 (i.e., the

1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to
sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral
representatives are to be appointed by the President until legislation
otherwise provides.

3. Mechanics of the party-list system:

a. Registered organizations submit a list of candidates in order of
priority.
b. During the elections, these organizations are voted for at large.
c. The number of seats that each organization gets out of the 20%
allotted to the system depends on the number of votes they get.

4. Qualifications

a. Natural born citizen of the Philippines

b. At least 25 years of age on the day of the election
c. Able to read and write

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

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

SEC. 10. Salaries of Senators and Members of the House

Determination of Salaries:

Salaries of Senators and Members of the House of Representatives

shall be determined by law.
Rule on increase in salaries:

No increase in their salaries shall take effect until after the

EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE
MEMBERS OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES APPROVING SUCH INCREASE.

Note: Since the Constitution ‘provides for rules on “salaries” and not on
‘emoluments,’ our distinguished legislators can appropriate for
themselves other sums of money such as travel allowances, as well as
other side ‘benefits.’

SEC. 11: CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest:

a. Legislators are privileged from arrest while Congress is “in

session” with respect to offenses punishable by up to 6 years of
imprisonment. Thus, whether Congress is in regular or special
session, the immunity from arrest applies.
b. If Congress is in recess, members thereof may be arrested.
c. The immunity is only with respect to arrests and NOT to
prosecution for criminal offenses.

2.) Legislative privilege:

a. No member shall be questioned or held liable in any forum other

than his/her respective Congressional body for any debate or
speech in the Congress or in any Committee thereof.

b. Limitation on the privilege:

(i) Protection is only against forum other than Congress itself.

Thus for inflammatory remarks which are otherwise
privileged, a member may be sanctioned by either the
Senate or the House as the case may be.
(ii) The ‘speech or debate’ must be made in performance of their
duties as members of Congress. This includes speeches
delivered, statements made, votes cast, as well as bills
introduced, and other activities done in performance of their
official duties.
(iii) Congress need NOT be in session when the utterance is
made, as long as it forms part of ‘legislative action,’ i.e. part
 of the deliberative and communicative process used to
participate in legislative proceedings in consideration of
proposed legislation or with respect to other matters with
Congress’ jurisdiction.

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

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

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:

DISQUALIFICATION WHEN APPLICABLE

1. Senator/Member of the House During his term. If he does so, he
cannot hold any other office or forfeits his seat.
employment in the
Government or any subdivision,
agency or Instrumentality thereof,
including GOCCS or their
subsidiaries.
2. Legislators cannot be IF the office was created or the
appointed to any office. emoluments thereof increased
during the term for which he was
elected.
3. Legislators cannot personally During his term of office.
appear as counsel before any
court of justice, electoral tribunal,
quasi-judicial and administrative
bodies.
4. Legislators cannot be During his term of office.
financially interested directly or
indirectly in any contract with or in
any franchise, or special privilege
granted by the Government, or
any subdivision, agency or
instrumentality thereof, including
any GOCC or its subsidiary.
5. Legislators cannot intervene in When it is for his pecuniary
any matter before any office of benefit or where he may be called
the government. upon to act on account of his
office.

SEC. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:

1.) Congress convenes once every year on the 4 th Monday of July

(unless otherwise provided for by law)
2.) Continues in session for as long as it sees fit, until 30 days before the
opening of the next regular session, excluding Saturdays, Sundays,
and legal holidays.

Special Sessions:

Called by the President at any time when Congress is not in session.

SEC. 16. Officers:

1.) Senate President;

2.) Speaker of the House; and
3.) Each House may choose such other officers as it may deem
necessary.

Election of Officers

By a majority vote of all respective members.

Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may compel the
attendance of absent members.
3. In computing a quorum, members who are outside the country and
thus outside of each House’s coercive jurisdiction are not included.

Internal Rules:

1. Each House shall determine its own procedural rules.

2. Since this is a power vested in Congress as part of its inherent
powers, under the principle of separation of powers, the courts cannot
intervene in the implementation of these rules insofar as they affect
the members of Congress.
3. Also, since Congress has the power to make these rules, it also has
the power to ignore them when circumstances so require.

Discipline:

1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.

2.) Expulsion
a. Concurrence of 2/3 of ALL its members.

Congressional Journals and Records:

1.) The Journal is conclusive upon the courts.

2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears
the certifications of the presiding officers of each House. Thus where
the certifications are valid and are not withdrawn, the contents of the
enrolled bill are conclusive upon the courts as regards the provision
of that particular bill.

Adjournments:

1.) Neither House can adjourn for more than 3 days during the time
Congress is in session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two
houses are sitting, without the consent of the other.

Section 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have an Electoral Tribunal
which shall be composed of:

1. 3 Supreme Court Justices to be designated by the Chief Justice; &

2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
Note: The congressional members of the ET’s shall be chosen on the
basis of proportional representation from the political parties and party-
list organizations.

Jurisdiction:

1.) Each ET shall be the sole judge of all CONTESTS relating to the
election, returns, and qualifications of their respective members. This
includes determining the validity or invalidity of a proclamation
declaring a particular candidate as the winner.

2.) An ‘election contest’ is one where a defeated candidate challenges

the qualification and claims for himself the seat of a proclaimed
winner.

3.) In the absence of an election contest, the ET is without jurisdiction.

However, the power of each House to expel its own members or even
to defer their oath-taking until their qualifications are determined may
still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:

1.) Since the ET’s are independent constitutional bodies, independent

even of the House from which the members are respectively taken,
neither Congress nor the Courts may interfere with procedural
matters relating to the functions of the ET’s, such as the setting of
deadlines or filing their election contests with the respective ETs.

2.) The ETs being independent bodies, its members may not be
arbitrarily removed from their positions in the tribunal by the parties
which they represent. Neither may they be removed for not voting
according to party lines, since they are acting independently of
Congress.

3.) The mere fact that the members of either the Senate or the House
sitting on the ET are those which are sought to be disqualified due to
the filing of an election contest against them does not warrant all of
them from being disqualified from sitting in the ET. The Constitution
is quite clear that the ET must act with both members from the SC
and from the Senate or the House. If all the legislator-members of
the ET were to be disqualified, the ET would not be able to fulfill its
constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC only
insofar as the decision or resolution was rendered without or in
excess of jurisdiction or with grave abuse of discretion constituting
denial of due process.

Section 18: THE COMMISSION ON APPOINTMENTS

Composition:

1.) Senate President as ex-officio chairman;

2.) 12 Senators; and
3.) 12 Members of the House.

Note: The 12 Senators and 12 Representatives are elected on the basis

of proportional representation from the political parties and party-list
organizations.

Voting/Action

1.) The chairman shall only vote in case of a tie.

2.) The CA shall act on all appointments within 30 session days from
their submission to Congress.
3.) The Commission shall rule by a majority vote of all the Members.

Jurisdiction

1.) CA shall confirm the appointments by the President with respect to

the following positions:

a. Heads of the Executive Departments (except if it is the Vice-

President who is appointed to the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the
Constitution (e.g. COMELEC members).

2.) Congress CANNOT by law prescribe that the appointment of a

person to an office created by such law shall be subject to
confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned
positions while Congress is not in session shall only be effective until
disapproval by the CA or until the next adjournment of Congress.

Meetings of the CA

1.) CA meets only while Congress is in session.

2.) Meetings are held either at the call of the Chairman or a majority of all
its members.
3.) Since the CA is also an independent constitutional body, its rules of
procedure are also outside the scope of congressional powers as well
as that of the judiciary.

Note: The ET and the CA shall be constituted within 30 days after the
Senate and the House of Representative shall have been organized with
the election of the President and the Speaker.

Sections 21-22: LEGISLATIVE INQUIRIES

Scope:

1. Either House or any of their committees may conduct inquires ‘in aid
of legislation’.
2. “In aid of legislation” does not mean that there is pending legislation
regarding the subject of the inquiry. In fact, investigation may be
needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence
of violations of the law, the investigation is no longer ‘in aid of
legislation’ but ‘in aid of prosecution’. This violates the principle of
separation of powers and is beyond the scope of congressional
powers.

Enforcement:

1. Since experience has shown that mere requests for information does
not usually work, Congress has the inherent power to punish
recalcitrant witnesses for contempt, and may have them incarcerated
until such time that they agree to testify.

2. The continuance of such incarceration only subsists for the lifetime, or

term, of such body. Once the body ceases to exist after its final
adjournment, the power to incarcerate ceases to exist as well. Thus,
 each ‘Congress’ of the House lasts for only 3 years. But if one is
incarcerated by the Senate, it is indefinite because the Senate, with
its staggered terms, is a continuing body.

3. BUT, in order for a witness to be subject to this incarceration, the

primary requirement is that the inquiry is within the scope of
Congress’ powers. i.e. it is in aid of legislation.

4. The materiality of a question is determined not by its connection to

any actually pending legislation, but by its connection to the general
scope of the inquiry.

5. The power to punish for contempt is inherent in Congress and this

power is sui generis. It cannot be exercised by local government
units unless they are expressly authorized to do so.

Limitations:

1. The inquiry must be conducted in accordance with the ‘duly published

rules of procedure’ of the House conducting the inquiry; and

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

be respected. Ex. The right against self-incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equals with

those of the legislative department, under the principle of separations
of powers, department heads cannot be compelled to appear before
Congress. Neither may the department heads impose their
appearance upon Congress.

2. Department heads may appear before Congress in the following

instances:

a. Upon their own initiative, with the consent of the President (and
that of the House concerned); or

b. Upon the request of either House (which cannot compel them to

attend)

3. The appearance will be conducted in EXECUTIVE SESSION when:

 a. Required by the security of state or required by public interest;
and
b. When the President so states in writing

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)

1. 2/3 of both Houses, in joint session

2. Voting separately

Emergency powers:

1. During times of war or other national emergency, Congress may, BY

LAW, authorize the President to exercise powers necessary and
proper to carry out a declared national policy.

2. Limitations:
a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by Congress

3. Expiration of emergency powers

a. By resolution of Congress or
b. Upon the next adjournment of Congress

Sections 24-27, 30-31 LEGISLATION

Bills that must originate from the House of Representatives

(Section 24)
CODE: A R T Pu Lo P

1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills

Note: The Senate may, however, propose or concur with amendments.

Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate
a sum of money from the public treasury.

2. Thus, a bill enacting the budget is an appropriations bill.

3. BUT: A bill creating a new office, and appropriating funds therefor is

NOT an appropriation bill.

Revenue Bill

1. A revenue bill is one specifically designed to raise money or revenue

through imposition or levy.

2. Thus, a bill introducing a new tax is a revenue bill, but a provision in,
for instance, the Videogram Regulatory Board law imposing a tax on
video rentals does not make the law a revenue bill.

Bills of local application

A bill of local application, such as one asking for the conversion of a

municipality into a city, is deemed to have originated from the House
provided that the bill of the House was filed prior to the filing of the bill in
the Senate even if, in the end, the Senate approved its own version.

Limitations:

1. For appropriation bills:

a. Congress cannot increase the appropriations recommended by the

President for the operation of the Government as specified in the
budget.

b. Each provision or enactment in the General Appropriations Bill

must relate specifically to some particular appropriation therein
and any such provision or enactment must be limited in its
operation to the appropriation to which it relates.

c. The procedure in approving appropriations for Congress shall

strictly follow the procedure for approving appropriations for other
departments and agencies.

d. A special appropriations bill must specify the purpose for which it is

intended and must be supported by funds actually available as
 certified by the National Treasurer or to be raised by a
corresponding revenue proposal therein.

e. Transfer of appropriations:

i. Rule: No law shall be passed authorizing any transfer of

appropriations
ii. BUT the following 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
- President
- President of the Senate
- Speaker of the House of Representatives
- Chief of Justice of the Supreme Court
- Heads of the Constitutional Commissions

f. Discretionary funds appropriated for particular officials shall be:

i. Disbursed only for public purposes;
ii. Should be supported by appropriate vouchers; and
iii. Subject to guidelines as may be prescribed by law.

g. If Congress fails to pass General Appropriations Bill (GAB) by the

end of any fiscal year:

i. The GAB for the previous year is deemed reenacted

ii. It will remain in full force and effect until the GAB is passed by
Congress.

2. For law granting tax exemption

It should be passed with the concurrence of a MAJORITY of ALL the

members of Congress.

3. For bills in general

a. Every bill shall embrace only one (1) subject, as expressed in the
title thereof

i. As a mandatory requirement
 ii. The title does not have to be a complete catalogue of
everything stated in the bill. It is sufficient if the title
expresses the general subject of the bill and all the
provisions of the statute are germane to that general subject.

iii. A bill which repeals legislation regarding the subject matter

need not state in the title that it is repealing the latter. Thus,
a repealing clause in the bill is considered germane to the
subject matter of the bill.

b. Readings

1. In order to become a law, each bill must pass three (3) readings
in both Houses.
2. General rule: Each reading shall be held on separate days &
printed copies thereof in its final form shall be distributed to its
Members three (3) days before its passage.
3. Exception: If a bill is certified as urgent by the President as to
the necessity of its immediate enactment to meet a public
calamity or emergency, the 3 readings can be held on the same
day.
4. First reading – only the title is read; the bill is passed to the
proper committee
Second reading – Entire text is read and debates are held, and
amendments introduced.
Third reading – only the title is read, no amendments are
allowed. Vote shall be taken immediately thereafter and the
yeas and nays entered in the journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to and signed

by the President.

2. If the President does not approve of the bill, he shall veto the same
and return it with his objections to the House from which it originated.
The House shall enter the objections in the Journal and proceed to
reconsider it.

3. The President must communicate his decision to veto within 30 days

from the date of receipt thereof. If he fails to do so, the bill shall
become a law as if he signed it.
4. This rule eliminates the ‘pocket veto’ whereby the President would
simply refuse to act on the bill.

5. To OVERRIDE the veto, at least 2/3 of ALL the members of each

House must agree to pass the bill. In such case, the veto is
overriden and becomes a law without need of presidential approval.

6. Item veto

a. The President may veto particular items in an appropriation,

revenue or tariff bill.

b. This veto will not affect items to which he does not object.

c. Definition of item

TYPE OF BILL ITEM

1. Revenue/tax bill Subject of the tax and the tax rate
imposed thereon
2. Appropriations bill Indivisible sum dedicated to a stated
purpose

d. Veto of RIDER

1. A rider is a provision which does not relate to a particular

appropriation stated in the bill.
2. Since it is an invalid provision under Section 25(2), the
President may veto it as an item.

Specific limitations on legislation

1. No law shall be enacted increasing the Supreme Court’s appellate

jurisdiction without the SC’s advice and concurrence.

2. No law shall be enacted granting titles of royalty or nobility.

Section 28. POWER TO TAX

Limitations:

1) The rule of taxation should be UNIFORM

2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation.
4) The power to tax must be exercised for a public purpose because the
power exists for the general welfare
5) The due process and equal protection clauses of the Constitution
should be observed.

Delegation of power to fix rates

1) Congress may, BY LAW, authorize the President to fix the following:

a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts
Within the framework of the national development program of the
Government

2) The exercise of such power by the President shall be within the

specified limits fixed by Congress and subject to such limitations and
restrictions as it may impose.

Constitutional tax exemptions:

1) The following properties are exempt from REAL PROPERTY taxes

(CODE: Cha Chu M- CA)

a) Charitable institutions
b) Churches, and parsonages or convents appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually, directly and
exclusively used for religious, charitable, or educational
purposes.
2) All revenues and assets of NON-STOCK NON-PROFIT
EDUCATIONAL institutions are exempt from taxes and duties
PROVIDED that such revenues and assets are actually, directly and
exclusively used for educational purposes. (Art. XIV Sec 4 (3))

3) Grants, endowments, donations or contributions used actually,

directly and exclusively for educational purposes shall be exempt
from tax. This is subject to conditions prescribed by law. (Art. XIV.
Sec 4 (4))

Section 29. Power of the Purse

1) No money shall be paid out of the National Treasury EXCEPT in

pursuance of an appropriation made by law.

a) This places the control of public funds in the hands of Congress.

b) BUT: This rule does not prohibit continuing appropriations. e.g. for
debt servicing. This is because the rule does not require yearly, or
annual appropriation.

2) Limitations.

a) Appropriations must be for a PUBLIC PURPOSE

b) Cannot appropriate public funds or property, directly or indirectly,
in favor of
(i) Any sect, church, denomination, or sectarian institution or
system of religion or
(ii) Any priest, preacher, minister, or other religious teacher or
dignitary as such.
EXCEPT if the priest, etc is assigned to:
- the Armed Forces; or
- any penal institution; or
- government orphanage; or
- leprosarium

c) BUT the government is not prohibited from appropriating money

for a valid secular purpose, even if it incidentally benefits a religion,
e.g. appropriations for a national police force is valid even if the
police also protects the safety of clergymen.
 d) ALSO, the temporary use of public property for religious purposes
is valid, as long as the property is available for all religions

3) Special Funds

a) Money collected on a tax levied for a special purpose shall be

treated as a special fund and paid out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance
shall be transferred to the general funds of the Government

Section 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, the people can

directly propose and enact laws or approve or reject any act or law or
part thereof passed by the Congress or local legislative body.

2) Required Petition

a) Should be signed by at least 10% of the total number of registered

voters
b) Every legislative district should be represented by at least 3% of
the registered voters
c) Petition should be registered

ARTICLE VII. THE EXECUTIVE DEPARTMENT

Section 1. EXECUTIVE POWER

Scope:

1) Executive power is vested in the President of the Philippines.

2) The scope of this power is set forth in Art. VII of the Constitution. But
this power is not limited to those set forth therein. The SC, in Marcos
v. Manglapus, referred to the RESIDUAL powers of the President as
the Chief Executive of the country, which powers include others not
set forth in the Constitution. EXAMPLE: The President is immune
from suit and criminal prosecution while he is in office.
3) Privilege of immunity from suit is personal to the President and may
be invoked by him alone. It may also be waived by the President, as
when he himself files suit.

4) BUT The President CANNOT dispose of state property unless

authorized by law.

Section 2. QUALIFICATIONS

1) Natural-born citizen of the Philippines

2) Registered voter;
3) Able to read and write;
4) At least 40 years old on the day of election
5) Philippine resident for at least 10 years immediately preceding such
election.

Note: The Vice-President has the same qualifications & term of office as
the President. He is elected with & in the same manner as the
President. He may be removed from office in the same manner as the
President.

Section 4. MANNER OF ELECTION/ TERM OF OFFICE

Manner of Election

1) The President and Vice-President shall be elected by direct vote of

the people.

2) Election returns for President and Vice-President, as duly certified by

the proper Board of Canvassers shall be forwarded to Congress,
directed to the Senate President.

3) Not later than 30 days after the day of the election, the certificates
shall be opened in the presence of both houses of Congress,
assembled in joint public session.

4) The Congress, after determining the authenticity and due execution of

the certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed
elected.

6) In case of a tie between 2 or more candidates, one shall be chosen

by a majority of ALL the members of both Houses, voting separately.
In case this results in a deadlock, the Senate President shall be the
acting President until the deadlock is broken.

7) The Supreme Court en banc shall act as the sole judge over all
contests relating to the election, returns, and qualifications of the
President or Vice-President and may promulgate its rules for the
purpose.

Term of Office

1) President

a) 6 years beginning at noon on 30 June immediately following the

election and ending at noon on the same day 6 years later.

b) Term limitation: Single term only; not eligible for any reelection.

c) Any person who has succeeded as President, and served as such

for more than 4 years shall NOT be qualified for election to the
same office at any time.

2) Vice-President:

a) 6 years, starting and ending the same time as the President.

b) Term limitation: 2 successive terms.

c) Voluntary renunciation of the office for any length of time is NOT

an interruption in the continuity of service for the full term for which
the Vice-President was elected.

Section 6. SALARIES AND EMOLUMENTS

1) Official salaries are determined by law.

2) Salaries cannot be decreased during the TENURE of the President
and the Vice-President.
3) Increases take effect only after the expiration of the TERM of the
incumbent during which the increase was approved.
4) Prohibited from receiving any other emolument from the government
or any other source during their TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the term

VACANCY SUCCESSOR
President-elect fails to qualify or VP-elect will be Acting President
to be chosen until someone is qualified/chosen
as President.
President-elect dies or is VP becomes President.
permanently disabled.
Both President and VP-elect are 1. Senate President or
not chosen or do not qualify or 2. In case of his inability, the
both die, or both become Speaker of the House shall act
permanently disabled. as President until a President
or a VP shall have been
chosen and qualified.
In case of death or disability of (1)
and (2), Congress shall
determine, by law, who will be the
acting President.

2. Vacancies after the office is initially filled:

VACANCY SUCCESSOR
President dies, is permanently Vice-President becomes
disabled, is impeached, or President for the unexpired term.
resigns.
Both President and Vice- 1. Senate President or
President die, become 2. In case of his inability, the
permanently disabled, are Speaker of the House shall act
impeached, or resign. as President until the
President or VP shall have
been elected and qualified.

3) Vacancy in office of Vice-President during the term for which he was

elected:
 a) President will nominate new VP from any member of either House
of Congress.

b) Nominee shall assume office upon confirmation by majority vote of

ALL members of both Houses, voting separately. (Nominee
forfeits seat in Congress)

4) Election of President and Vice-President after vacancy during tem

a) Congress shall convene 3 days after the vacancy in the office of

both the President and the VP, without need of a call. The
convening of Congress cannot be suspended.

b) Within 7 days after convening, Congress shall enact a law calling

for a special election to elect a President and a VP. The special
election cannot be postponed.

c) The special election shall be held not earlier than 45 days not later
than 60 days from the time of the enactment of the law.

d) The 3 readings for the special law need not be held on separate
days.

e) The law shall be deemed enacted upon its approval on third

reading.

BUT: No special election shall be called if the vacancy occurs within

18 months before the date of the next presidential election.

5) Temporary disability of the President:

The temporary inability of the President to discharge his duties may

be raised in either of two ways:

a) By the President himself, when he sends a written declaration

to the Senate President and the Speaker of the House. In this
case, the Vice-President will be Acting President until the
President transmits a written declaration to the contrary.

b) When a majority of the Cabinet members transmit to the Senate

President and the Speaker their written declaration.
 (i) The VP will immediately be Acting President.

(ii) BUT: If the President transmits a written declaration that

he is not disabled, he reassumes his position

(iii) If within 5 days after the President re-assumes his

position, the majority of the Cabinet retransmits their
written declaration, Congress shall decide the issue. In
this event, Congress shall reconvene within 48 hours if it
is not in session, without need of a call.

(iv) Within 10 days after Congress is required to assemble, or

12 days if Congress is not in session, a 2/3 majority of
both Houses, voting separately, is needed to find the
President temporarily disabled, in which case, the VP will
be Acting President.

6) Presidential Illness:

a) If the President is seriously ill, the public must be informed

thereof.

b) Even during such illness, the National Security Adviser, the

Secretary of Foreign Affairs, and the Chief of Staff of the AFP
are entitled to access to the President

Section 13. DISQUALIFICATIONS

SUBJECT SOURCE OF DISQUALIFICATION
President, Vice- Prohibited from:
President, Cabinet 1. Holding any office or employment
Members, Deputies or during their tenure, UNLESS:
Assistants of Cabinet
Members a. otherwise provided in the Constitution
(e.g. VP can be appointed a Cabinet
Member, Sec. of Justice sits on Judicial
and Bar Council); or
b. the positions are ex-officio and they do
not receive any salary or other
emoluments therefor (e.g. Sec. of
Finance is head of Monetary Board).

2. Practicing, directly or indirectly, any

 other profession during their tenure;

3. Participating in any business;

4. Being financially interested in any

contract with, or in any franchise, or
special privilege granted by the
government or any subdivision,
agency or instrumentality thereof,
including GOCC's or their
subsidiaries.

N.B. The rule on disqualifications for the

President and his Cabinet are stricter than
the normal rules applicable to appointive
and elective officers under Art. IX-B, Sec.
7.
th
Spouses and 4 degree Cannot be appointed during President’s
relatives of the President tenure as:
(consanguinity or affinity)
1. Members of the Constitutional
Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or
offices including GOCC’s and their
subsidiaries.

N.B.
a. If the spouse, etc., was already in any
of the above offices at the time before
his/her spouse became President,
he/she may continue in office. What is
prohibited is appointment and
reappointment, NOT continuation in
office.
b. Spouses, etc., can be appointed to the
judiciary and as ambassadors and
consuls.
Sections 14-16. POWER TO APPOINT

Principles:

1) Since the power to appoint is executive in nature, Congress cannot

usurp this function.
2) While Congress (and the Constitution in certain cases) may prescribe
the qualifications for particular offices, the determination of who
among those who are qualified will be appointed is the President’s
prerogative.

Scope:

The President shall appoint the following:

1) Heads of executive departments (CA confirmation needed):

2) Ambassadors, other public ministers, and consuls (CA confirmation
needed).
3) Officers of AFP from rank of colonel or naval captain (CA confirmation
needed).
4) Other officers whose appointment is vested in him by the Constitution
(CA confirmation needed), such as:
a) Chairmen and members of the COMELEC, COA and CSC.
b) Regular members of the Judicial and Bar Council.
c) The Ombudsman and his deputies;
d) Sectoral representatives in Congress.

 N.B. President also appoints members of the Supreme Court

and judges of the lower courts, but these appointments do not
need CA confirmation.

5) All other officers whose appointments are not otherwise provided for
by law; and those whom he may be authorized by law to appoint.

a) This includes the Chairman and members of the Commission

on Human Rights, whose appointments are provided for by law
NOT by the Constitution.

b) Congress may, by law, vest the appointment of other officers

lower in rank in the President alone or in the courts, or in the
heads of departments, agencies, boards or commissions.
 c) BUT: Congress cannot, by law, require CA confirmation of the
appointment of other officers for offices created subsequent to
the 1987 Constitution (e.g. NLRC Commissioners, Bangko
Sentral Governor).

d) ALSO: Voluntary submission by the President to the CA for

confirmation of an appointment which is not required to be
confirmed does not vest the CA with jurisdiction. The President
cannot extend the scope of the CA’s power as provided for in
the Constitution.

Procedure:

1) CA confirmation needed:

a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.

Note: At any time before all four steps have been complied with, the
President can withdraw the nomination/appointment.

2) No CA confirmation:

a) Appointment; and
b) Acceptance.

Note: Once appointee accepts, President can no longer withdraw the

appointment.

Ad-interim appointments:

1) When Congress is in recess, the President may still appoint officers

to positions subject to CA confirmation.

2) These appointments are effective immediately, but are only effective

until they are disapproved by the CA or until the next adjournment of
Congress.

3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-

interim in nature and need no CA approval.
Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President

within 90 days from his assumption or re-assumption of office.

Limitation

1) 2 months immediately before the next Presidential elections, and up

to the end of his term, the President or Acting President SHALL NOT
make appointments. This is to prevent the practice of ‘midnight
appointments.”

2) EXCEPTION:

a) Can make TEMPORARY APPOINTMENTS

b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or
endanger public safety.

Section 17. Power of Control and Supervision

Power of Control:

The power of an officer to alter, modify, or set aside what a subordinate

officer has done in the performance of his duties, and to substitute the
judgment of the officer for that of his subordinate. Thus, the President
exercises control over all the executive departments, bureaus, and
offices.

The President’s power over government-owned corporations comes not

from the Constitution but from statute. Hence, it may be taken away by
statute.

Qualified Political Agency:

1) Since all executive and administrative organizations are adjuncts of

the Executive Department, the heads of such departments, etc. are
assistants and agents of the President.

2) Thus, generally the acts of these department heads, etc, which are
performed and promulgated in the regular course of business, are
presumptively the acts of the President.
3) Exception: If the acts are disapproved or reprobated by the
President.

4) Under Administrative Law, decisions of Department Secretaries need

not be appealed to the President in order to comply with the
requirement of exhaustion of administrative remedies.

5) Qualified political agency does NOT apply if the President is required

to act in person by law or by the Constitution. Example: The power
to grant pardons must be exercised personally by the President.

Disciplinary Powers:

1) The power of the President to discipline officers flows from the power
to appoint the, and NOT from the power control.

2) BUT While the President may remove from office those who are not
entitled to security of tenure, or those officers with no set terms, such
as Department Heads, the officers, and employees entitled to security
of tenure cannot be summarily removed from office.

Power of Supervision:

1) This is the power of a superior officer to ensure that the laws are
faithfully executed by subordinates.

2) The power of the president over local government units is only of

general supervision. Thus, he can only interfere with the actions of
their executive heads if these are contrary to law.

3) The execution of laws is an OBLIGATION of the President. He

cannot suspend the operation of laws.

4) The power of supervision does not include the power of control; but
the power of control necessarily includes the power of supervision.

Section 18. COMMANDER-IN-CHIEF POWERS

Scope:

1) The President is the Commander-in-Chief of the Armed Forces.

2) Whenever necessary, the President may call out the AFP to
PREVENT or SUPPRESS:

a) Lawless violence;
b) Invasion; or
c) Rebellion.

3) The President may also:

a) Suspend the privilege of the writ of habeas corpus; and

b) Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and

declaring martial law;

1. Grounds

a. Invasion or
b. Rebellion; and
c. Public safety requires it.

2. The invasion or rebellion must be ACTUAL and not merely imminent.

3. Limitations:

a. Suspension or proclamation is effective for only 60 days.

b. Within 48 hours from the declaration or suspension, the

President must submit a report to Congress.

c. Congress, by majority vote and voting jointly, may revoke the

same, and the President cannot set aside the revocation.

d. In the same manner, at the President’s initiative, Congress can

extend the same for a period determined by Congress if:

i. Invasion or rebellion persist and

ii. Public safety requires it.

NOTE: Congress CANNOT extend the period motu propio.

 e. Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.

ii. The SC can review the FACTUAL BASIS of the
proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.

f. Martial Law does NOT:

i. Suspend the operation of the Constitution.

ii. Supplant the functioning of the civil courts or legislative
assemblies.
iii. Authorize conferment of jurisdiction on military courts
over civilians where civil courts are able to function and
iv. Automatically suspend the privilege of the writ.

g. Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or

offenses inherent in or directly connected with invasion.
ii. Anyone arrested or detained during suspension must be
charged within 3 days. Otherwise he should be released.

Note: While the suspension of the privilege of writ and the proclamation
of martial law is subject to judicial review, the actual use by the President
of the armed forces is not. Thus, troop deployments in times of war is
subject to the President’s judgment and discretion.

Section 19: EXECUTIVE CLEMENCY

Scope:

1.) The President may grant the following: [ Pa R C Re]

a. Pardons (conditional or plenary)
b. Reprieves
c. Commutations
d. Remittance of fines and forfeitures

2.) These may only be granted AFTER conviction by final judgment.

 3.) ALSO: The power to grant clemency includes cases involving
administrative penalties.

4.) Where a conditional pardon is granted, the determination of

whether it has been violated rests with the President.

Limitations:

1.) As to scope:

Cannot be granted:

a.) Before conviction

b.) In cases of impeachment
c.) For violations of election laws, rules, and regulation without
the favorable recommendation of the COMELEC
d.) In cases of civil or legislative contempt

2.) As to effect:

a.) Does not absolve civil liabilities for an offense.

b.) Does not restore public offices already forfeited, although
eligibility for the same may be restored.

Amnesty:

1.) An act of grace concurred in by Congress, usually extended to

groups of persons who commit political offenses, which puts into
oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs
concurrence by a majority of all the members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the
offense which is subject to such amnesty. If his application is
denied, he can be convicted based on this admission of guilt.

4.) Amnesty V. Pardon

AMNESTY PARDON
Addressed to POLITICAL Addressed to ORDINARY
offenses offenses
Granted to a CLASS of Granted to INDIVIDUALS
persons
Need not be accepted Must be accepted
 Requires concurrence of No need for Congressional
majority of all members of concurrence
Congress
A public act. Subject to Private act of President. It must
judicial notice be proved.
Extinguishes the offense itself
Only penalties are extinguished.
May or may not restore political
rights. Absolute pardon restores.
Conditional does not.
Civil indemnity is not
extinguished.
May be granted before or Only granted after conviction by
after conviction final judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:

(1) 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

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements

(a) BUT: Such treaty of international agreement must be

concurred in by at least 2/3 of all Senators in order to be valid
and effective in our country.

(b) Options of Senate when a treaty is submitted for its approval:

(i) Approve with 2/3 majority;
(ii) Disapprove outright; or
(iii) Approve conditionally, with suggested
amendments.

(c) If treaty is not re-negotiated, no treaty

 (d) If treaty is re-negotiated and the Senate’s suggestions are
incorporated, the treaty will go into effect without need of further
Senate approval.

Note: While our municipal law makes a distinction between international

agreements and executive agreements, with the former requiring Senate
approval and the latter not needing the same, under international law,
there is no such distinction.

Note: The President cannot, by executive agreement, undertake an

obligation which indirectly circumvents a legal prohibition.

(e) Conflict between treaty and municipal law.

(i) Philippine court:

The later enactment will prevail, be it treaty or law, as it is the

latest expression of the State’s will.

(ii) International tribunal

Treaty will always prevail. A State cannot plead its municipal

law to justify noncompliance with an international obligation.

(2) Power to appoint ambassadors, other public ministers, and consuls.

(3) Power to receive ambassadors and other public ministers accredited

to the Philippines.

(4) Power to contract and guarantee foreign loans on behalf of the

Republic

(5) Power to deport aliens

(a)This power is vested in the President by virtue of his

office, subject only to restrictions as may be provided by
legislation as regards the grounds for deportation.

(b)In the absence of any legislative restriction to authority,

the President may still exercise this power.
 (c) The power to deport aliens is limited by the requirements
of due process, which entitles the alien to a full and fair
hearing.
BUT: The alien is not entitled to bail as a matter of
right.