Legislative Process – How a Bill Becomes a
Law
1. Preparation of a Bill
The Legisla+ve
Department
The Member or the Bill Drafting Division of the
Reference and Research Bureau prepares and
drafts the bill upon the Member's request.
Legislative Process – How a Bill Becomes a
Law
2. First Reading
The Legisla+ve
Department
The bill is filed with the Bills and Index Service
and the same is numbered and reproduced.
Three days after its filing, the same is included
in the Order of Business for First Reading.
On First Reading, the Secretary General reads
the title and number of the bill. The Speaker
refers the bill to the appropriate Committee/s.
Legislative Process – How a Bill Becomes a
Law
3. Committee Consideration / Action
The Legisla+ve
Department
The Committee where the bill was referred to
evaluates it to determine the necessity of
conducting public hearings.
If the Committee finds it necessary to conduct
public hearings, it schedules the time thereof,
issues public notices and invites resource
persons from the public and private sectors, the
academe and experts on the proposed
legislation.
Legislative Process – How a Bill Becomes a
Law
3. Committee Consideration / Action
The Legislative
Department
Based on the result of the public hearings or
Committee discussions, the Committee may
introduce amendments, consolidate bills on the
same subject matter, or propose a substitute bill.
It then prepares the corresponding committee
report.
The Committee approves the Committee Report
and formally transmits the same to the Plenary
Affairs Bureau.
Legislative Process – How a Bill Becomes a
Law
4. Second Reading
The Legisla+ve
Department
The Committee Report is registered and
numbered by the Bills and Index Service. It is
included in the Order of Business and referred to
the Committee on Rules.
The Committee on Rules schedules the bill for
consideration on Second Reading.
Legislative Process – How a Bill Becomes a Law
4. Second Reading
On Second Reading, the Secretary General reads the
number, title and text of the bill and the following takes
place:
The Legisla+ve
Department
Period of Sponsorship and Debate
Period of Amendments
Voting which may be by:
viva voce
count by tellers
division of the House; or
nominal voting
5. Third Reading
The amendments, if any, are engrossed and
printed copies of the bill are reproduced for Third
Reading.
The Legisla+ve
Department
The engrossed bill is included in the Calendar of
Bills for Third Reading and copies of the same
are distributed to all the Members three days
before its Third Reading.
On Third Reading, the Secretary General reads
only the number and title of the bill.
5. Third Reading
The Legislative
Department
A roll call or nominal voting is called and a
Member, if he desires, is given three minutes to
explain his vote. No amendment on the bill is
allowed at this stage.
The bill is approved by an affirmative vote of a
majority of the Members present.
If the bill is disapproved, the same is
transmitted to the Archives.
6. Transmittal of the Approved Bill to the
Senate
The Legisla+ve
Department
The approved bill is transmitted to the Senate for
its concurrence.
7. Transmittal of the Approved Bill to the
Senate
The bill undergoes the same legislative process
in the Senate.
8. Conference Committee
The Legisla+ve
Department
A Conference Committee is constituted and is
composed of Members from each House of
Congress to settle, reconcile or thresh out
differences or disagreements on any provision of
the bill.
The conferees are not limited to reconciling the
differences in the bill but may introduce new
provisions germane to the subject matter or may
report out an entirely new bill on the subject.
8. Conference Committee
The Legisla+ve
Department
The Conference Committee prepares a report to
be signed by all the conferees and the Chairman.
The Conference Committee Report is submitted
for consideration/approval of both Houses. No
amendment is allowed.
9. Transmittal of the Bill to the President
The Legislative
Department
Copies of the bill, signed by the Senate
President and the Speaker of the House of
Representatives and certified by both the
Secretary of the Senate and the Secretary
General of the House, are transmitted to the
President.
10. Presidential Action on the Bill
The Legisla+ve
Department
If the bill is approved the President, the same is
assigned an RA number and transmitted to the
House where it originated.
If the bill is vetoed, the same, together with a
message citing the reason for the veto, is
transmitted to the House where the bill
originated.
11. Action on the Approved Bill
The Legisla+ve
Department
The bill is reproduced and copies are sent to the
Official Gazette Office for publication and
distribution to the implementing agencies. It is
then included in the annual compilation of Acts
and Resolutions.
12. Action on the Vetoed Bill
The Legisla+ve
Department
he message is included in the Order of Business.
If the Congress decides to override the veto, the
House and the Senate shall proceed separately
to reconsider the bill or the vetoed items of the
bill. If the bill or its vetoed items is passed by a
vote of two-thirds of the Members of each
House, such bill or items shall become a law.
Scope and Limitations
The Legislative
Department
Legislative power is the authority to make laws
and to alter and repeal them.
Who May Exercise Legislative Power
The Legisla+ve
Department
1. Congress
Legislative power shall be vested in the
Congress, which consists of a Senate and a
House of Representatives. [Sec. 1, Art. VI].
Requirements of a valid ordinance [CUPPU- GC]:
The Legisla+ve
Department
It must not CONTRAVENE the Constitution
or any statute;
It must not be UNFAIR or oppressive;
It must not be PARTIAL or discriminatory;
It must not PROHIBIT but may regulate trade;
It must not be UNREASONABLE;
It must be GENERAL and CONSISTENT with public
policy [Magtajas v. Pryce Properties, G.R. No. 111097
(1994)].
People’s Initiative on Statutes
Legislative power is also vested in the people by the
system of initiative and referendum [Sec. 1, Art. VI].
The Legisla+ve
Department
The power of initiative and referendum is the power of
the people directly to “propose and enact laws or
approve or reject any act or law or part thereof passed
by the Congress or local legislative body” [Sec. 32, Art.
VI]. The provision is not self-executing [DefensorSantiago v. COMELEC, G.R. No. 127325 (1997)].
R.A. 6735: “An Act Providing for a System of
Initiative and Referendum and Appropriating
Funds Therefor”
The Legislative
Department
This is valid for (a) laws, (b) ordinances, and (c)
resolutions, but not amendments to the
Constitution [Defensor-Santiago v. COMELEC].
The Legisla+ve
Department
Congress may delegate legislative powers to
the president in times of war or in other national
emergencies [David v. Macapagal-Arroyo, G.R.
No. 171396 (2006)].
The Legisla+ve
Department
Principle: Delegata potestas non potest
delegari – what has been delegated cannot be
further delegated aka Principle of nondelegability
Principle of non-delegability
The Legisla+ve
Department
Rationale: Since the powers of the government
have been delegated to them by the people,
who possess original sovereignty, these powers
cannot be further delegated by the different
government departments to some other branch
or instrumentality of the government.
The Legislative
Department
Subordinate
legislation
made
by
administrative agencies – The principle of
non- delegability should not be confused with
the delegated rule-making authority of
implementing agencies [Belgica case].
Strictly speaking, what is delegated is not “lawmaking” power, but rule-making power, limited
to (a) filling up the details of the law; or (b)
ascertaining facts to bring the law into actual
operation.
The Legisla+ve
Department
Traditional/Simplified Formulation: Who may
exercise legislative powers:
General Rule: Congress only.
General Rule: Congress only.
The Legisla+ve
Department
Exceptions (PLATE):
Delegation to the People (by initiative and
referendum)
Delegation to the Local governments
Delegation to the Administrative bodies
Delegation of Tariff powers to the President
under Constitution
Delegation of Emergency powers to the
President under Constitution
Tests for valid delegation
Rule: There is a valid delegation of legislative
power when it passes the following tests —
The Legisla+ve
Department
a. Completeness test: The law sets forth the
policy to be executed, carried out, or
implemented by the delegate, such that there is
nothing left for the delegate to do but to
enforce the law [Pelaez v. Auditor General, G.R.
No. L-23825(1965)]; and
Tests for valid delegation
Rule: There is a valid delegation of legislative
power when it passes the following tests —
The Legislative
Department
b. Sufficient Standard Test: The standard
defines legislative policy, marks its limits, maps
out its boundaries and specifies the public
agency to apply it. It indicates the
circumstances under which the legislative
command is to be effected [Edu v. Ericta, G.R.
No. L-32096 (1970)].
Senate (S) v. House of Representatives
(HOR)
Composition
The Legisla+ve
Department
S - 24 senators elected at large
HOR - Not more than 250 members, unless
otherwise provided by law, consisting of: a.
District Representatives
b. Party-List Representatives
Senate (S) v. House of Representatives
(HOR)
Qualifications
The Legisla+ve
Department
S - a. Natural-born citizen
b. At least 35 years old on the day of the
election
c. Able to read and write
d. A registered voter
e. Resident of the Philippines for at least 2
years immediately preceding the day of the
election
Senate (S) v. House of Representatives
(HOR)
Qualifications
The Legisla+ve
Department
a. Natural-born citizen
b. At least (S) 35 HOR 25 years old on the day
of the election
c. Able to read and write
d. A registered voter (HOR in the district s/he
seeks to represent
e. Resident of the Philippines for at least (S) 2
(HOR 1) years immediately preceding the day
of the election
Senate (S) v. House of Representatives
(HOR)
The Legislative
Department
Term of Office / Limits
S – 6 years / 2 consecutive terms
HOR – 3 years / 3 consecutive terms
RESIDENCY REQUIREMENT
Residence — physical presence of a person in
a given area, community or country
The Legisla+ve
Department
Domicile — place of habitual residence
A man must have a domicile somewhere
Once established, it remains until a new one is
acquired
A man can have but one residence or domicile at
a time
RESIDENCY REQUIREMENT
Acquisition of domicile
The Legisla+ve
Department
Bodily presence
Animus manendi (intent to stay)
Animus non revertendi (no intent to return
Requisites to change domicile
Actual change of domicile
The Legisla+ve
Department
Bona fide intention of abandoning the
former place of origin and establishing a
new one
Acts which correspond with the purpose
The Legislative
Department
The Senate / HOR of each Congress acts
separately and independently of the Senate of
the Congress before it.
The Legisla+ve
Department
Due to the termination of the business of the
Senate during the expiration of one (1) Congress,
all pending matters and proceedings, such as
unpassed
bills
and
even
legislative
investigations, of the Senate are considered
terminated upon the expiration of that Congress
and it is merely optional on the Senate of the
succeeding Congress to take up such unfinished
matters, not in the same status, but as if
presented for the first time.[Balag v. Senate of
the Philippines, G.R. 234608, July 3, 2018].
Party-List Representatives
The Legisla+ve
Department
They shall constitute 20% of the total number of
representatives, elected through a party-list
system of registered national, regional, and
sectoral parties or organizations.
Sectoral Representatives
The Legisla+ve
Department
For 3 consecutive terms from 2 February 1987,
1⁄2 of the party-list seats shall be allotted to
sectoral representatives to be chosen by
appointment or election, as may be provided by
law. Until a law is passed, they are appointed by
the President from a list of nominees by the
respective sectors [Sec. 7, Art. XVIII].
The Legislative
Department
Note: The party-list system is not synonymous
with sectoral representation [Atong Paglaum v.
COMELEC, G.R. No. 203766 (2013), citing the
1986 Constitutional Commission Records].
Atong Paglaum Guidelines
The Legisla+ve
Department
1. Three different parties or organizations may
participate in the party-list system:
a. National;
b. Regional;
c. or sectoral;
2. National and regional parties or orgs do
not need to (a) organize along sectoral lines, or
(b)
represent
any
“marginalized
or
underrepresented” sector;
Atong Paglaum Guidelines
Political parties may participate in the party-list
system provided:
The Legisla+ve
Department
they register under the party-list system;
they do not field candidates in legislative district
elections
A party that participates in the legislative district
elections may still participate in the party-list
through a sectoral wing.
Atong Paglaum Guidelines
The Legisla+ve
Department
4. Sectoral parties or orgs may either be (a)
“marginalized or underrepresented” (e.g. labor,
peasant, fisherfolk); or (b) “lacking in welldefined
political
constituencies”
(e.g.
professionals, women, elderly, youth)
Atong Paglaum Guidelines
The Legislative
Department
4. Sectoral parties or orgs may either be (a)
“marginalized or underrepresented” (e.g. labor,
peasant, fisherfolk); or (b) “lacking in welldefined
political
constituencies”
(e.g.
professionals, women, elderly, youth)
Disqualified Parties:
Religious sects
Foreign organizations
The Legisla+ve
Department
Advocating violence or unlawful means
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.
Privileges a. Salaries
The Legisla+ve
Department
Section 10, Art. VI. 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 the
expiration of the full term of all the Members of
the Senate and the House of Representatives
approving such increase.
Privileges
The Legisla+ve
Department
b. Freedom from Arrest
A Senator or Member of the House of
Representatives shall, in all offenses punishable
by not more than six years imprisonment, be
privileged from arrest while the Congress is in
session [...] [Sec. 11, Art. VI]
Privileges
c. Speech and Debate Clause
The Legislative
Department
[...] 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 [Sec. 11, Art. VI].
Inhibitions and Disqualifications
INCOMPATIBLE OFFICE
The Legisla+ve
Department
a. May not hold any other office or
employment in the government during his
term without forfeiting his seat [Sec. 13, Art.
VI]
No legislator is allowed to hold office or
positions in any government agency including
government-owned or controlled corporations
without forfeiting his seat in the Congress.
Inhibitions and Disqualifications
FORBIDDEN OFFICE
The Legisla+ve
Department
b. May not be appointed to any office created
or whose emoluments were increased during
the term for which he was elected [Sec. 13,
Art. VI]
No members of the Congress shall be appointed
to any office in the government that has been
crated or the emoluments thereof have been
increased during his term.
Inhibitions and Disqualifications
The Legisla+ve
Department
Shall not intervene in any matter before any
office of the government when it is for his
pecuniary benefit or where he may be called
upon to act on account of his office [Sec. 14,
Art. VI]
Sec. 26, Art. VI. ONE SUBJECT ONE TITLE
The Legislative
Department
(1) Every bill passed by the Congress shall
embrace only one subject which shall be
expressed in the title thereof. xxx
The Legisla+ve
Department
Generally, there are 3 ways for the bill to become
a law:
(1) When it is approved by the President;
(2) When the vote of the President is
overridden by a two-thirds vote of all the
members of both houses;
(3) Upon failure of the President to veto the bill
and to return it with his objections, to the House
where it originated, within 30 days after the date
of receipt
Effectivity of Laws
The Legisla+ve
Department
Art. 2, Civil Code. Laws shall take effect after
fifteen days following the completion of their
publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect
one year after such publication.
Legislative Oversight Functions
Requisites of Legislative Inquiries:
Must be in aid of legislation;
The Legisla+ve
Department
Is in accordance with duly published rules
of procedure;
Right of persons appearing in or affected
by such inquiries shall be respected [Bengson v.
Senate Blue Ribbon Committee, G.R. No. 89914
(1991)]
Power of impeachment
The Legislative
Department
The House of Representatives shall have the
exclusive power to initiate all cases of
impeachment [Sec. 3(1), Art. XI].
Initiation: Regular Procedure [Sec. 3(2)(3), Art.
XI]
The Legisla+ve
Department
1. FILING by (a) any member of the HOR or (b)
any citizen upon endorsement by a member of
the HOR; followed by REFERRAL to the proper
HOR Committee (Committee on Justice)
Initiation: Regular Procedure [Sec. 3(2)(3), Art.
XI]
The Legisla+ve
Department
2. COMMITTEE REPORT by a proper committee,
which either favorably or unfavorably resolves
the complaint
Initiation: Regular Procedure [Sec. 3(2)(3), Art.
XI]
The Legisla+ve
Department
2. COMMITTEE REPORT by a proper committee,
which either favorably or unfavorably resolves
the complaint.
3. Above resolution is AFFIRMED (if favorable) or
OVERRIDDEN (if unfavorable) by vote of 1⁄3 of
ALL the members of the HOR
Initiation: Regular Procedure [Sec. 3(2)(3), Art.
XI]
The Legislative
Department
No impeachment proceeding shall be initiated
against the same official more than once within a
period of one year [Sec. 2(5), Art. XI]
IMPEACHMENT Trial
The Legisla+ve
Department
The Senate shall have the sole power to try and
decide all cases of impeachment [Sec. 3(6), Art.
XI].
QUALIFICATIONS, ELECTION, AND TERM OF
THE PRESIDENT AND VICEPRESIDENT
The EXECUTIVE
Department
Qualifications
Natural-born citizen of the Philippines;
A registered voter;
Able to read and write;
At least 40 years of age on the day of the
election; and
A resident of the Philippines for at least 10
years immediately preceding such election [Sec.
2, Art. VII].
QUALIFICATIONS, ELECTION, AND TERM OF
THE PRESIDENT AND VICEPRESIDENT
The EXECUTIVE
Department
Election
Regular Election: Second Monday of May
National Board of Canvassers (President
and Vice-President): Congress
Election
Returns shall be transmitted to Congress,
directed to the Senate President
The EXECUTIVE
Department
Joint public session: not later than 30 days after
election date; returns to be opened in the
presence of the Senate and HOR in joint session
Election
Congress, upon determination of the authenticity
and due execution, shall canvass the votes
The EXECUTIVE
Department
Person having the highest number of votes shall
be proclaimed elected
In case of tie, one will be chosen by the vote of
majority of all the Members of both Houses of
Congress, voting separately
Official residence
The president shall have an official residence
[Sec. 6, Art. VII].
The EXECUTIVE
Department
Salary
This shall be determined by law. It shall not be
decreased during tenure. No increase shall take
effect until after the expiration of the term of the
incumbent during which such increase was
approved [Sec. 6, Art. VII].
Presidential Immunity
The President as such cannot be sued, enjoying
as he does immunity from suit.
The EXECUTIVE
Department
But presidential decisions may be questioned
before the courts where there is grave abuse of
discretion or that the President acted without or
in excess of jurisdiction [Gloria v. CA, G.R. No.
119903(2000)].
Presidential Privilege
The EXECUTIVE
Department
It is "the right of the President and high-level
executive branch officers to withhold information
from Congress, the courts, and ultimately the
public"
Case law uses the term presidential privilege to
refer to either (1) immunity from suit (i.e.
immunity from judicial processes, see Neri v.
Senate, infra, and Saez v. Macapagal- Arroyo,
supra); or (2) executive privilege [Akbayan v.
Aquino)
Vice President
The EXECUTIVE
Department
Qualifications, election and term of office and
removal are the same as the President, except
that no Vice-President shall serve for more than
2 successive terms.
The Vice-President may be appointed as a
member of the Cabinet; such requires no
confirmation
by
the
Commission
of
Appointments.
Prohibitions on The Executive Department
The following prohibitions apply to:
The EXECUTIVE
Department
a. President
b. Vice-President,
c. The members of the Cabinet, and their
deputies or assistants
Prohibitions on The Executive Department
Prohibited Acts
The EXECUTIVE
Department
Shall not receive any other emoluments from the
government or any other source [For President
and Vice-President, Sec. 6, Art. VII].
Unless otherwise provided in the constitution,
shall not hold any other office or employment
[Sec. 13, Art. VII].
Prohibitions on The Executive Department
Exceptions
The EXECUTIVE
Department
The prohibition does not include posts
occupied by executive officials without
additional compensation in an ex-officio
capacity, as provided by law or as required by
the primary functions of the said official’s
office. [National Amnesty Commission v. COA,
G.R. No. 156982(2004)].
Prohibitions on The Executive Department
Exceptions
The Vice-President being
member of the cabinet.
The EXECUTIVE
Department
appointed
as
a
The Vice-President acting as president when one
has not yet been chosen or qualified [Sec.
7(2)(3), Art. VII].
The Secretary of Justice sitting as ex-officio
member of the Judicial and Bar Council [Sec.
8(1), Art. VIII; Civil Liberties Union v. Executive
Secretary, supra].
Prohibitions on The Executive Department
Exceptions
The Vice-President being
member of the cabinet.
The EXECUTIVE
Department
appointed
as
a
The Vice-President acting as president when one
has not yet been chosen or qualified [Sec.
7(2)(3), Art. VII].
The Secretary of Justice sitting as ex-officio
member of the Judicial and Bar Council [Sec.
8(1), Art. VIII; Civil Liberties Union v. Executive
Secretary, supra].
Prohibitions on The Executive Department
Shall not directly or indirectly
practice any other profession;
The EXECUTIVE
Department
participate in any business; or
be 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 GOCCs
Prohibitions on The Executive Department
Strictly avoid conflict of interest in the conduct of
their office [Sec. 13, Art. VII].
The EXECUTIVE
Department
May not appoint (a) spouse; or (b) relatives by
consanguinity or affinity within the fourth civil
degree
as
members
of
Constitutional
Commissions, or the Office of the Ombudsman,
or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including
government-owned or controlled corporation
and their subsidiaries.
Exceptions to rule prohibiting executive officials
from holding additional positions:
The President can assume any or all
Cabinet posts (because the departments are mere
extensions of his personality
The EXECUTIVE
Department
The President can assume ex officio positions (e.g.
The President is the Chairman of NEDA) [Sec. 9,
Art. XII].
Vice-President: “The Vice-President may be
appointed as a member of the Cabinet. Such
appointment requires no confirmation” [Sec. 3, Art.
VII].
Immunity from Suit
The EXECUTIVE
Department
After his tenure, the President cannot invoke
immunity from suit for civil damages arising out of
acts done by him while he was President which
were not performed in the exercise of his official
duties. (Estrada vs. Desierto, G.R. Nos. 146710-15,
March 2001)
Rules on Succession
a. Vacancy at the beginning of the term
The EXECUTIVE
Department
i. Death or permanent disability of the Presidentelect: VP-elect shall become President
ii. President-elect fails to qualify: VP-elect shall act
as President until the President-elect shall have
qualified
iii. President shall not have been chosen: VP-elect
shall act as President until a President shall have
been chosen and qualified.
The EXECUTIVE
Department
iv. No President and VP chosen nor shall have
qualified, or both shall died or become permanently
disabled: The President of the Senate, or in case of
his disability, the Speaker of the House of
Representatives, shall act as President until a
President or a VP shall have been chosen and
qualified. In the event of inability of the officials
mentioned, Congress shall, by law, provide for the
manner in which one who is to act as President
shall be selected until a President or VP shall have
qualified.
The EXECUTIVE
Department
At 10 o’clock in the morning of the 3rd day after the
vacancy occurs, Congress shall convene without
need of a call, and within 7 days enact a law calling
for a special election to elect a President and a VP
to be held not earlier than 45 nor later than 60 days
from the time of such call. The bill shall be deemed
certified and shall become a law upon its approval
on 3rd reading by Congress. The convening of the
Congress cannot be suspended nor the special
election postponed. No special election shall be
called if the vacancy occurs within 18 months
before the date of the next presidential election.
Rules on Succession
b. Vacancy during the term
The EXECUTIVE
Department
i. Death, permanent disability, removal from office,
or resignation of the President: VP shall become the
President Estrada vs. Arroyo, G.R. No. 146738,
March 2, 2001, the SC declared that the resignation
of President Estrada could not be doubted as
confirmed by his leaving Malacañan Palace. In the
press release containing his final statement,
Rules on Succession
The EXECUTIVE
Department
1. He acknowledged the oath-taking of the
respondent as President;
2. He emphasized he was leaving the Palace for the
sake of peace and in order to begin the healing
process (he did not say that he was leaving due to
any kind of disability and that he was going to
reassume the Presidency as soon as the disability
disappears);
3. He expressed his gratitude to the people for the
opportunity to serve them as President (without
doubt referring to the past opportunity);
Rules on Succession
The EXECUTIVE
Department
4. He assured that he will not shirk from any future
challenge that may come in the same service of the
country;
5. He called on his supporters to join him in
promotion of a constructive national spirit of
reconciliation and solidarity.
The Court declared that the elements of a valid
resignation are:
The EXECUTIVE
Department
1. Intent to resign;
2. Act of relinquishment.
Both were present when President Estrada left the
Palace.
Intent to resign—must be accompanied by act of
relinquishment—act or omission before, during and
after January 20, 2001.
The EXECUTIVE
Department
Totality of prior contemporaneous posterior facts
and circumstantial evidence— bearing material
relevant issues—President Estrada is deemed to
have resigned— constructive resignation
Resignation—may be written, oral, express, or
implied, for as long as it is clear it must be given
legal effect.
Rules on Succession
Vacancy in the office of the VP:
The EXECUTIVE
Department
Whenever there is vacancy in the Office of the VP
during the term for which he was elected, the
President shall nominate a VP from among the
Members of the Senate and the HOR who shall
assume office upon confirmation by a majority vote
of all the Members of both Houses of the Congress,
voting separately. (Section 9, Article VII)
Powers of the President
The EXECUTIVE
Department
1. Executive power (Section 1, Article VII)
2. Appointing power (Section 16, Article VII) 3.
Control power (Section 17, Article VII)
> Section 4, Article X—Power of general
supervision over local governments
4. Calling-out power, power to place the Philippines
under martial law and power to suspend the
privilege of the writ of habeas corpus (Section 18,
Article VII)
5. Pardoning power, reprieves, commutations,
amnesty, remit fines and forfeitures (Section 19,
Article VII)
The EXECUTIVE
Department
Powers of the President
6. Borrowing power (Section 20, Article VII)
7. Diplomatic/Treaty-making power (Section 21,
Article VII)
8. Budgetary power (Section 22, Article VII)
9. Informing power—State of the Nation Address
(Section 23, Article VII) 10.Veto power (Article VI)
11. Power of general supervision over local
governments (Section 4, Article X) 12.Power to call
special session (Section 15, Article VI)
13.Unstated Residual Power—not found in the
Constitution
14.Power to Reorganize the Office of the President
(Administrative Code)
15.Power of Impoundment
Powers of the President
Appointing Power
Carries with it the Removal Power
The EXECUTIVE
Department
Appointment is the selection, by the authority vested
with the power, of an individual who is to exercise
the functions of a given office.
Designation simply means imposition of additional
duties on a person already in the public service.
Powers of the President
Appointing Power
Carries with it the Removal Power
The EXECUTIVE
Department
Appointment is the selection, by the authority vested
with the power, of an individual who is to exercise
the functions of a given office.
Designation simply means imposition of additional
duties on a person already in the public service.
Powers of the President
Appointing Power
The EXECUTIVE
Department
Binamira vs. Garrucho, 188 SCRA 154, when a
person is merely designated and not appointed, the
implication is that he shall hold office in a temporary
capacity and may be replaced at will of the
appointing authority. In this sense, a designation is
considered only an acting or temporary appointment
which does not confer security of tenure on the
person named.
Powers of the President
The EXECUTIVE
Department
Appointing power is executive in nature. It is vested
in the President. The power carries with it the power
to remove except in some cases like Justices of the
Supreme Court, the President appoints them but he
cannot remove them. They can only be removed
through impeachment.
Officers to be appointed by the President that
require the confirmation of Commission on
Appointments:
The EXECUTIVE
Department
(the list is exclusive)
The EXECUTIVE
Department
1. Heads of the executive department
Except: Vice-President—may be appointed as a
Member of the Cabinet. Such appointment requires
no confirmation. (Section 3, Article VII)
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of
colonel or naval captain
4. Other officers whose appointments are vested in
him in the Constitution
Example: JBC, Constitutional Commissions
5. All other officers of the government whose
appointments are not otherwise provided by law
6. Those whom he may be authorized by law to
appoint.
The EXECUTIVE
Department
Sarmiento vs. Mison, 156 SCRA 549, not all
appointments made by the President need CA
confirmation. Only those enumerated in paragraph 1
of Section 16, Article VII need confirmation of the
Commission on Appointments. The appointment of
Salvador Mison as Commissioner of Customs needs
no confirmation by the CA, because the
Commissioner of Customs is not among the officers
mentioned in the 1st paragraph of Section 16, Article
VII.
The EXECUTIVE
Department
Officers of the armed forces from the rank of colonel
or naval captain—refers to military officers alone
PNP is now under the DILG (civilian in character,
national in scope)—no longer part of the AFP,
therefore, no need for CA confirmation
The EXECUTIVE
Department
Soriano vs. Lista, G.R. No. 153881, March 24, 2003,
the Philippine Coast Guard (PCG) is no longer part of
the Philippine Navy or the AFP but is not under the
DOTC, a civilian agency, the promotion and
appointment of respondent officers of the PCG will
not require confirmation by the CA.
The EXECUTIVE
Department
Calderon vs. Carale, 208 SCRA 254, Article 215 of the Labor
Code as amended by RA 6715, insofar as it requires the
confirmation by the CA of the appointment of the NLRC
Chairman and commissioners, is unconstitutional because it
violates Section 16 of Article VII. The Congress, when they
enacted the law, added to the exclusive list another category of
officers to be appointed by the President that need the
confirmation of the CA.
Manalo vs. Sistoza, 312 SCRA 239—a law was enacted
creating the PNP, RA 6795. It provides that the Director, Deputy
Director General, and other top officials of the PNP shall be
confirmed by the Commission on Appointments. The SC
declared it as unconstitutional.
The EXECUTIVE
Department
In the above two cases, Congress cannot add/remove
anything from the list of officers to be appointed by
the President that require confirmation of the CA. The
list is exclusive. The Congress cannot add or remove
anything by a mere legislative act.
The EXECUTIVE
Department
In the above two cases, Congress cannot add/remove
anything from the list of officers to be appointed by
the President that require confirmation of the CA. The
list is exclusive. The Congress cannot add or remove
anything by a mere legislative act.
Officials subject to the Appointment of the President:
A. With the confirmation by the Commission on
Appointments—
The EXECUTIVE
Department
1. Heads of the executive department
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of
colonel or naval captain
4. Other officers whose appointments are vested in
him in the Constitution
Officials subject to the Appointment of the President:
B. Prior recommendation or nomination by the
Judicial and Bar Council (JBC)—
The EXECUTIVE
Department
1. Members of the Supreme Court and all lower courts
2. Ombudsman and hid 5 Deputies
Officials subject to the Appointment of the President:
B. Prior recommendation or nomination by the
Judicial and Bar Council (JBC)—
The EXECUTIVE
Department
1. Members of the Supreme Court and all lower courts
2. Ombudsman and hid 5 Deputies
Officials subject to the Appointment of the President:
C. Appointment of VP as Member of the Cabinet
The EXECUTIVE
Department
D. Appointment solely by the President—
1. Those vested by the Constitution on the President
alone
2. Those whose appointments are not otherwise
provided for by law 3. Those who may be authorized
by law to appoint;
4. Those other officers lower in rank whose
appointment is vested by law in the President alone
The EXECUTIVE
Department
Appointing Procedure
1. Nomination
by
the
President;
2. Confirmation by the Commission on
Appointments; 3. Issuance of commission; and
4. Acceptance by appointee.
>Deemed complete upon acceptance. Pending such
acceptance, which is optional to the appointee, the
appointment may still be validly withdrawn.
Appointment to a public office cannot be forced upon
citizen except for purposes of defense of the State
under Section 4, Article II of the Constitution, as an
exception to the rule against involuntary servitude.
Classification of Appointments
The EXECUTIVE
Department
1.
Permanent—those
extended
to
persons
possessing the requisite eligibility and are thus
protected by the constitutional guarantee of security
of tenure.
Classification of Appointments
The EXECUTIVE
Department
Temporary—those given to persons without such eligibility,
revocable at will and without necessity of just cause or a valid
investigation, made on the understanding that the appointing
power has not yet decided on a permanent appointee and that
the temporary appointee may be replaced at any time a
permanent choice is made.
> Temporary appointment and Designation are not subject to
confirmation by the Commission on Appointments. Such
confirmation, if given erroneously, will not make the incumbent
permanent appointee. (Valencia vs. Peralta, 8 SCRA 692)
Classification of Appointments
Regular—Appointment by the President when Congress is in
session. It takes effect only after confirmation by the CA, and once
approved, continues until the end of the term of the appointee.
Ad Interim—( 2 n d paragraph of Section 16, Article VII)—
Appointment by the President when Congress is not in session. It
takes effect immediately but ceases to be valid if disapproved by
the CA or upon the next adjournment of Congress. It is deemed
by-passed through inaction. It is intended to prevent interruptions
in vital government services that would otherwise result from the
prolonged vacancies in government offices.
Classification of Appointments
It is a permanent appointment because it takes effect
immediately and can no longer be withdrawn by the
President once the appointee has qualified into office. The
fact that it is subject to confirmation by the Commission
on Appointments does not alter its permanent character.
The Constitution itself makes an ad interim appointment
permanent in character by making it effective until
disapproved by the CA or until the next adjournment of
Congress.
Ad Interim
Regular
Takes effect immediately
Does
not
take
effect
immediately
Appointee assumes office Appointee assumes office
immediately and later on the only after confirmation by
appointment
should
be the CA
confirmed by the CA
Made while Congress is not Made when Congress is in
in session
session
Ad interim appointment disapproved by the Commission on
Appointments—can no longer be extended a new appointment.
The disapproval is a final decision of the Commission on
Appointments in the exercise of its checking power on the
appointing power of the President. The disapproval is a decision
on the merits, being a refusal by the CA to give its consent after
deliberating on the qualifications of the appointee. Since the
Constitution does not provide for any appeal from such decision,
the disapproval is final and binding on the appointee as well as on
the appointing power. In this instance, the President can no
longer renew the appointment not because of the
constitutional prohibition on appointment, but because of a
final decision by the CA to withhold its consent to the
appointment. (Matibag vs. Benipayo)
Classification of Appointments
Recess—one made while the Congress is not in session,
before confirmation by the Commission on Appointment;
immediately effective; and ceases to be valid if
disapproved or bypassed by CA upon the next
adjournment of Congress;
Midnight—made by the President before his term expires,
whether or not it is confirmed by the CA (Temporary in
nature)
Limitations of Appointing Power
Prohibition against nepotism—(Section 13, par. 2, Article VII)
The spouse and relatives by consanguinity or affinity within the 4th
civil degree of the President shall not during his tenure be
appointed as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries.
Limitations of Appointing Power
The judiciary may annul an appointment made by the
President if the appointee is not qualified or has not been
validly confirmed by the Commission on Appointments.
Section 15, Article VII—2 types of appointment: Two
months immediately before the next presidential
elections and up to the end of his term, a President or
Acting President shall not make appointments, except
temporary appointments to executive positions when
continued vacancies therein will prejudice public service
or endanger public safety.
Power of Removal
General Rule: This power is implied from the power to
appoint.
Exceptions: Those appointed by him where the
Constitution prescribes certain methods for separation
from public services.
Example: Members of the Constitutional Commissions,
Justices of the SC—may only be removed through
impeachment
Power of Control
Sec. 17, Article VII: The President shall have control of all
the executive departments, bureaus and offices. He shall
ensure that the laws be faithfully executed.
AKA “Faithful Execution Clause”
Power of Control
Faithful Execution Clause
As Chief Executive, the President holds the steering
wheel that controls the course of her government—
s/he lays down policies in the execution of her plans and
programs, and whatever policy, s/he chooses, s/he has
his/her subordinates to implement them. (Chavez vs.
Romulo, G.R. No. 157036, June 9, 2004)
Power of Control
Control—is the power to alter or modify or nullify or set
aside what a subordinate had done in the performance of
his duties and to substitute the judgment of the former for
that of the latter.
Supervision—means overseeing, or the power or
authority of an officer to see that subordinate officers
perform their duties, and if the latter fail or neglect to fulfill
them, then the former may take such action or steps as
prescribed by law to make them perform these duties.
Power of Control
Doctrine of Qualified Political Agency or the Alter Ego
Doctrine
Acts of the Secretaries of executive departments when
performed and promulgated in the regular course of
business or unless disapproved or reprobated by the
Chief Executive, are presumptively the acts of the Chief
executive
Power of Control
Doctrine of Qualified Political Agency or the Alter Ego
Doctrine
In the case of DENR vs. DENR Region XII Employees, G.R. No.
149724, August 19, 2003, the power of the President to reorganize
the National Government may validly be delegated to his Cabinet
members exercising control over a particular executive
department. Accordingly, in this case, the DENR Secretary can
validly reorganize the DENR by ordering the transfer of the DENR
Regional Offices from Cotabato City Koronadal, South Cotabato.
The exercise of this authority by the DENR Secretary, as an alter
ego of the President, is presumed to be the act of the President
because the latter had not expressly repudiated the same.
Power of Control
Doctrine of Qualified Political Agency or the Alter Ego
Doctrine
However, in the case of Gloria vs. Court of Appeals, G.R.
No. 119903, August 15, 2000, the SC held that even if the
DECS Secretary is an alter ego of the President, he
cannot invoke the President’s immunity from suit in a case
filed against him, inasmuch as the questioned acts are not
those of the President.
The power of control may be exercised by the President
only over the acts not over the actor (Angangco vs.
Castillo, 9 SCRA 619)
POWER OF GENERAL SUPERVISION OVER LOCAL
GOVERNMENTS (Section 4, Article X)
The President can only interfere in the affairs and activities of
a LGU if he finds that the latter acted contrary to law. The
President or any of his alter egos, cannot interfere in local
affairs as long as the concerned LGU acts within the
parameters of the law and the Constitution. Any directive,
therefore, by the President or any of his alter egos seeking to
alter the wisdom of a law-conforming judgment on local
affairs of a LGU is a patent nullity, because it violates the
principle of local autonomy, as well as the doctrine of
separation of powers of the executive and the legislative
departments in governing municipal corporations. (Judge
Dadole vs. COA, G.R. No. 125350, December 3, 2002)
POWER OF GENERAL SUPERVISION OVER LOCAL
GOVERNMENTS (Section 4, Article X)
The President exercises general supervision, not
control, over local governments. The power is generally
to see to it that the LGUs perform their powers and
functions in accordance with law.
Military Powers
Section 18, Article VII:
The Commander-in-Chief Clause—
To call out the Armed forces to prevent or suppress
lawless violence, invasion or rebellion.
Organize courts martial for the discipline of the armed
forces and create military commissions for the
punishment of war criminals.
Military Powers
Section 18, Article VII:
The Commander-in-Chief Clause
Military Powers
Section 18, Article VII:
The Commander-in-Chief Clause
Suspension of the privilege of the writ of habeas
corpus—
Grounds: invasion or rebellion, when public safety
requires it.
Duration: not to exceed 60 days, following which it shall
be lifted unless extended by Congress
Duty of the President: To report action to Congress within 48
hours, personally or in writing
The Congress may revoke or extend, on request of the
President, the effectivity of proclamation by a majority vote of
all its Members, voting jointly.
The suspension applies only to persons judicially charged for
rebellion or offenses inherent in or directly connected with
invasion.
During the suspension of the privilege of the writ of habeas
corpus, any person thus arrested or detained shall be judicially
charged within three (3) days, otherwise he shall be released.
Proclamation of Martial Law—
Constitutional safeguards on the exercise of the power of
the President to proclaim martial law
a. There must be actual invasion or rebellion;
b. The duration of the proclamation shall not exceed 60
days;
c. Within 48 hours, the President shall report his action to
Congress. If Congress is not in session, it must convene
within 24 hours;
d. Congress may, by majority vote of all its members
voting jointly, revoke the proclamation, and the President
cannot set aside the revocation;
e. By the same vote and in the same manner, upon initiative of the
President, Congress may extend the proclamation if the invasion
or rebellion continues and public safety requires it;
f. The Supreme Court may review, in an appropriate proceeding
filed by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of
the writ of habeas corpus or the extension thereof, and must
promulgate its decision thereon within 30 days from its filing;
g. It does not suspend the operation of the Constitution, nor
supplant the functioning of the civil courts or legislative
assemblies, nor authorize the confinement of jurisdiction on
military courts and agencies over civilians where civil courts are
able to function, nor automatically suspend the privilege of the
writ.
Military Powers – Proclamation of Martial Law
OLAGUER
DOCTRINE—AKA
OPEN
COURT
DOCTRINE— civilians cannot be tried by military courts if
the civil courts are open and functioning (Olaguer vs.
Military Commission No. 34, G.R. No. L-54448, May 22,
1987)
Military Powers – Proclamation of Martial Law
4 ways for the proclamation or suspension to be lifted:
1. Lifting by the President himself;
2. Revocation by Congress;
3. Nullification by the SC; and
4. Operation of law after 60 days.
Pardoning Power
Exercise by the President: Discretionary; may not be
controlled by the legislature or reversed by the courts
unless there is violation of the Constitution.
Pardoning Power
Exercise by the President: Discretionary; may not be
controlled by the legislature or reversed by the courts
unless there is violation of the Constitution.
Pardoning Power
1. Pardon—an act of grace which exempts the individual
on whom it is bestowed from punishment which the law
inflicts for a crime he has committed.
a. Plenary or partial
b. Absolute or conditional
Pardoning Power
Conditional pardon—is in the nature of a contract
between the sovereign power or the Chief Executive and
the convicted criminal to the effect that the former will
release the latter subject to the condition that if he does
not comply with the terms of the pardon, he will be
recommitted to prison to serve the unexpired portion of
the sentence or an additional one.
Commutation—reduction or mitigation of penalty
Reprieve—postponement
execution
of
sentence
or
stay
of
Parole—release from imprisonment, but without full
restoration of liberty, as parolee is in custody of the law
although not in confinement
Amnesty—act of grace, concurred in by the Legislature,
usually extended to groups of persons who committed
political offenses, which puts into oblivion the offense
itself.
Commutation—reduction or mitigation of penalty
Reprieve—postponement
execution
of
sentence
or
stay
of
Parole—release from imprisonment, but without full
restoration of liberty, as parolee is in custody of the law
although not in confinement
Amnesty—act of grace, concurred in by the Legislature,
usually extended to groups of persons who committed
political offenses, which puts into oblivion the offense
itself.
Pardoning Power: Limitations
a. Cannot be granted in cases of impeachment;
b. Cannot be granted in violations of election laws without
favorable recommendations of the COMELEC;
c. Can be granted only after conviction by final judgment
(except amnesty);
d. Cannot be granted in cases of legislative contempt or
civil contempt;
e. Cannot absolve convict of civil liability;
f. Cannot restore public offices forfeited.
In Llamas vs. Orbos, pardon is available also to one
found guilty of administrative offense.
Section 19 of Article VII did not distinguish between a
criminal and administrative offense.
Pardoning Power: Effect of Grant of Pardon
In the case of Monsanto vs. Factoran, the accused was
convicted of malversation thru falsification of official
documents. She was granted absolute pardon. She
demanded for reinstatement and back salaries. The SC
held that pardon may mean forgiveness but not
forgetfulness. What was remitted is the penalty and not
the fact of one’s guilt. In the eyes of law, she was still a
convict.
Pardoning Power: Exceptions
1. Unless the grant expressly so provides for her
reinstatement and payment of back salaries.
2. If the grant of pardon was based on the fact of the
innocence of the one charged of the crime.
Borrowing Power
The President may contract or guarantee foreign loans
on behalf of the Republic with the concurrence of the
Monetary Board, subject to such limitations as may be
provided by law. The Monetary Board shall submit to the
Congress report on loans within 30 days from end of
every quarter.
Diplomatic / Treaty-Making Power
No treaty or international agreement shall be valid and
effective unless concurred in by at least 2/3 of all the
members of the Senate.
In our jurisdiction, the power to ratify is vested in the
President and not, as commonly believed, in the
legislature. The role of the Senate is limited only to giving
or withholding its consent, or concurrence, to the
ratification. (Bayan vs. Zamora, G.R. No. 138570, October
10, 2000)
Diplomatic / Treaty-Making Power
This provision lays down the general rule on treaties or
international agreements and applies to any form of treaty
with a wide variety of subject matter. All treaties or
international agreements entered into by the Philippines,
regardless of subject matter, coverage, or particular
designation or appellation, requires the concurrence of
the Senate to be valid and effective.
Budgetary Power
Within 30 days from opening of every regular session,
President shall submit to Congress a budget of
expenditures and sources of financing, including
receipts from existing and proposed revenue
measures.
The Congress may not increase the appropriation
recommended by the President. However, its form,
content, manner of preparation of the budget shall be
prescribed by Congress.
Informing Power
State of the Nation Address (Section 23)
The President shall address Congress at the opening of its
regular session (4th Monday of July). He may also appear
before it at any other time.
Residual Power
Whatever is not judicial, whatever is not legislative, is
residual power exercised by the President.
Impoundment Power
Impoundment refers to the refusal of the President, for
whatever reason, to spend funds made available by
Congress. It is the failure to spend or obligate budget
authority of any type.
Impoundment Power
Proponents of impoundment have invoked at least three
(3) principal sources of the authority of the President.
1. authority to impound given to him either expressly or
impliedly by Congress
2. the executive power drawn from the President’s role as
Commander-in-Chief
3. Faithful Execution Clause