THE LEGISLATIVE DEPARTMENT OF THE PHILIPPINES
Legislative power
It is the authority to make, to alter or to repeal laws.
In the Philippines, it is 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".
The Congress of the Philippines is bicameral in nature
where two houses or chambers form the legislative
department.
Who may exercise legislative power?
1. Congress through their general plenary power
(Any power, deemed to be legislative by usage
and tradition, is necessarily possessed by
Congress, unless the Constitution has lodged it
elsewhere. Except as limited by the Constitution,
either expressly or impliedly, legislative power
embraces all subjects and extends to matters of
general concern or common interest.)
2. Local legislative bodies through the principle of
decentralization of legislative power of the
government
3. People through initiative and referendum
4. The President during Martial Law Rule or in a
Revolutionary Government where even the
legislative power exercised by former President
Ferdinand Marcos during his regime was deemed
valid up to this day.
* Initiative
The power of the people to propose amendments to
the Constitution or to propose and enact legislation
through an election called for the purpose.
Ideally, the law must be complete in all its essential terms
and conditions when it leaves the legislature so that there
will be nothing left for the delegate to do when it reaches
him except enforce it. If there are gaps in the law that will
prevent its enforcement unless they are first filled, the
delegate will then have been given the opportunity to step
in the shoes of the legislature and exercise a discretion
essentially legislative in order to repair the omissions.
(Guingona vs. Carague 196 SCRA 221).
The Court cited People v. Exconde, "It is well established
in this jurisdiction that, while the making of laws is nondelegable activity that corresponds exclusively to
Congress, nevertheless the latter may constitutionally
delegate authority to promulgate rules and
regulations to implement a given legislation and
effectuate its policies, for the reason that the legislature
often finds it impracticable (if not impossible) to anticipate
and provide for the multifarious and complex situations
that may be met in carrying the law into effect. All that is
required is that the regulation should be germane to the
objects and purposes of the law; that the regulation be not
in contradiction with it; but conform to the standards that
the law prescribes." (Free Telephone Workers vs. Min of
Labor 108 SCRA 757).
Administrative bodies with delegated legislative
power refers to their power to create rules and regulations
which would fill in the details for the law enacted by
Congress for the purpose of implementation of the law.
The reason why administrative bodies are given such
power is due to their power to execute or enforce laws,
where implementation of the law depends on the
executive department.
In general, the law enacted by Congress must specifically
possess the following qualities in order for there to be a
valid delegation:
*Referendum
•
The power of the electorate to approve or reject the
legislation through an election called for the purpose.
It may be of two classes, namely;
General Rule: Legislative power is vested only in the
Congress of the Philippines and cannot be delegated
to other bodies or entities.
Exception:
1. Delegation
to
local
governments
and
administrative bodies
2. Grant of quasi-legislative power to LGU and
Administrative Bodies.
3. In instances allowed by the Constitution, e.g..,
Article VI, Section 23(2) and 28 (2)
•
Complete in itself – The law should state the
policy that must be enforced by the authority with
the delegated legislative power.
Sufficient Standard – The law must state the
limitations of the authority possessing the
delegated legislative power.
If these qualities are not present, there is no valid
delegation of legislative power. If the Implementing
Rules and Regulations promulgated by the
appropriate administrative body does not conform or
goes beyond the law, there is no valid delegation of
legislative authority.
Delegated legislative power CANNOT be re-delegated
to another body.
SENATE
Requisites of a Valid Delegation
24
HOUSE OF
REPRESENTATIVES
250 unless otherwise fixed by
law
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•
80% district
representatives
20% party-list
representatives
Qualifications of Party List Representatives (R.A. No.
7941, § 9.)
1. Natural born citizen of the Philippines;
Natural-born citizen of the Philippines
2. Registered voter;
At least 35 years old on the
day of the election
Registered voter
Resident of the Philippines
for at least 2 years
immediately preceding the
election
Term of 6 years
commencing at noon on
June 30
Term limit of no more than 2
consecutive terms
At least 25 years old on the day
of the election
3. Resident of the Philippines for a period of not less than
1 year immediately preceding the day of the election;
Registered voter in the district
where he will be elected as
representative (except for partylist representatives)
Resident of his/her district for at
least 1 year immediately
preceding election (except for
paty0list representative)
4. At least 25 years of age on the day of the election (youth
sector nominee must be at least 25 years old but not more
than 30 years old on day of election);
Term of 3 years commencing at
noon on June 30
Term limit of no more than 3
consecutive terms
Party-list System
5. Able to read and write;
6. A bona fide member of the party or organization he
seeks to represent for at least 90 days before the day of
the election.
7. A nominee who changes his sectoral affiliation within
the same party will only be eligible for nomination under
the new sectoral affiliation if the change has been effected
at least six months before the elections (Amores v. HRET,
G.R. No. 189600, June 29, 2010).
Mechanics (R.A. No. 7941, § 8.)
Special Elections
1. Registered party-lists, organizations, or coalitions shall
submit to the COMELEC a list of not less than five (5)
nominees in order of priority.
a. A person may be nominated in one (1) list only.
b. Only persons who have given their consent in writing
may be named in the list.
c. Candidates for any elective office in the immediately
preceding election shall be disqualified from becoming a
nominee.
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.
In case of a vacancy in the Senate, the special election
shall be held simultaneously with the next succeeding
regular election. (Tolentino v. COMELEC, GR 148334,
January 21, 2004)
Salaries
d. No change of names or alteration of the order of
nominees shall be allowed after the same shall have been
submitted to the COMELEC
Exceptions:
a. When the nominee dies
b. Withdraws in writing his nomination
c. Becomes incapacitated in which case the name
of the substitute nominee shall be placed last in
the list.
Incumbent sectoral representatives in the House of
Representatives who are nominated in the party-list
system shall not be considered resigned.
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.
Increasing the salaries of Senators and Members of the
HOR is only allowed if it takes effect after the full term of
all members of Congress approving the increase has
been served and has expired.
Parliamentary Privileges
Privilege from Arrest
2. The parties, organizations, and coalitions shall be
ranked from the highest to the lowest based on the
number of votes garnered during elections. (R.A. No.
7941, § 11.)
A Senator or Member of the House of Representative
shall, in all offenses (criminal or civil) punishable by not
more than six years of imprisonment, be privileged from
arrest while the congress is in session.
•
Members of the Congress may be arrested, even
when the house is in session, for crimes
punishable by a penalty of more than six months.
(People v. Jalosjos, 324 SCRA 689)
The sole judge of all contests relating to the election,
returns, and qualifications of their respective members of
the House.
Composition of Each Tribunal
•
Members of the Senate are not exempt from
detention. They may be arrested for crimes
punishable by a penalty of more than six months.
The performance of legitimate, and even
essential, duties by public officers has never been
an excuse to free a person validly in prison.
(Trillanes v. Pimentel, 556 SCRA 471)
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3 justices (designated by the Chief Justice)
6 members of the House (according to the
proportional representation within the tribunal)
For an election contest to fall under the jurisdiction of
the Electoral Tribunal, the person in question must
have:
Parliamentary Freedom of Speech
•
A member cannot be questioned nor be held liable in
any other place for any speech or debate in the
Congress or in any committee thereof.
When can this privilege be invoked?
•
•
If the letter/publication is within the scope of ‘speech
and debate’ which includes utterances made in the
performance of official functions, such as
speeches delivered, statements made, votes cast, as
well as bill introduced, and other acts done in the
performance of official duties.
To be considered as privileged speech, it is essential
that its utterance must constitute a legislative
action. That is, it must be part of the deliberative and
communicative process by which the legislators
participate
in
committee
or
congressional
proceedings in the consideration of proposed
legislation or of other matters which the Constitution
has placed within the jurisdiction of the Congress.
The Purpose of the Privilege
• The privilege of speech is intended to leave the
legislator unimpeded in the performance of his duties
and free from fear of harassment from outside.
When can the privilege not be invoked?
• When the lawmaker’s speech or utterance is made
outside sessions, hearings or debates in Congress,
extraneous to the “due functioning of the legislative
process.”
Internal Rules and Discipline
Discipline of its members:
A House may punish its members for disorderly behavior
with, and, with the concurrence of 2/3 of all its members,
suspend (for not more than 60 days) or expel a member
and it is in accordance with the rules of the House.
Electoral Tribunal
Function
1. Proclaimed as winning candidate for the position;
2. Taken his oath in a plenary or open session before
Congress; and
3. Assumed office on the noon of June 30.
Pre-proclamation controversies or election contests prior
the proclamation of the winning candidate and oath-taking
still fall under the jurisdiction of COMELEC and not in the
Electoral Tribunal.
Commission on Appointments
Composition
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Senate President as Chairman
12 Senators
12 Members of the House of Representatives
Senators and House Reps are elected by their respective
Houses according to proportional representation of their
parties.
The Senate President will only vote to break a tie.
Inquiries in Aid of Legislation
Power of Inquiry
The Senate or House of Representatives or any of its
respective committees may conduct inquiries in aid of
legislation. (Senate v. Ermita- 488 SCRA 1, 2006).
Requisites
The legislative investigation must be:
1. “In aid of legislation”;
2. “In accordance with its duly published rules of
procedure”;
3. “The rights of persons appearing in or affected by
such inquiries shall be respected.” (Bengzon v.
Senate Blue Ribbon Committee- 203 SCRA 767).
Emergency Powers
The Congress has the power to authorize the President to
exercise powers necessary and proper to carry out a
declared national policy.
In other words, the President may be given emergency
legislative powers if only the Congress desires.
Actual savings is requirement to a valid transfer of funds
from one government agency to another. The word
“actual” denotes that something is real or substantial or
exists presently in fact as opposed to something which is
merely theoretical, possible, potential or hypothetical.
Transfer of Funds
Bills Originating in the House of Representatives
All appropriation, revenue or tariff bills must originate
exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
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.
General Rule: No law must be passed authorizing any
transfer of appropriations.
Exception: However, the following may, by law, augment
any item in the the general appropriations law for their
respective offices from savings in other items of their
respective appropriations:
• President
• Senate President
• Speaker of House of Representatives
• Chief Justice of the Supreme Court
• Heads of Constitutional Commissions
Reason
Subject and Title of Bills; Three Readings
The initiative for filing revenue, tariff, or tax bills, bills
authorizing an increase of the public debt, private bills and
bills of local application must come from the House of
Representatives on the theory that, elected as they are
from the districts, the members of the House can be
expected to be more sensitive to the local needs and
problems. On the other hand, the senators, who are
elected at large, are expected to approach the same
problems from the national perspective. Both views are
thereby made to bear on the enactment of such laws.
Bills passed by either House must pass 3 readings on
separate days, and printed copies thereof in its final form
distributed to its members 3 days before its passage.
Rules on Appropriation
The Constitution provides that “no money shall be paid
out of the Treasury except in pursuance of an
appropriation made by law.”
Prohibition on “riders” in appropriation bills
RIDER - A rider is a provision that does not relate to a
particular appropriation stated in an appropriation bill.
Since a rider is an invalid provision, the President may
exercise item veto for riders.
What are the requisites for a valid transfer of
appropriation?
There are two essential requisites in order for a transfer
of appropriation with the corresponding funds may legally
be effected:
1. There must be savings in the programmed
appropriation of the transferring agency.
2. There must be an existing item, project, or activity
with an appropriation in the receiving agency to
which the savings will be transferred.
Vote shall be taken immediately thereafter, and the yeas
and nays entered in the journal.
Journal- the official record of proceedings of each
legislative day in the House
View this link for further readings:
https://legacy.senate.gov.ph/about/legpro.asp
Exceptions:
•
When a bill is classified “urgent” by the
President: When the President certifies to the
necessity of the bill’s immediate enactment to meet
a public calamity or emergency, the three readings
can be held on the same day. (PHIL. CONST., Art.
VI, § 26(2).)
Note: In a bicameral system, bills are independently
processed by both Houses of Congress. It is not unusual
that the final version approved by one House differs from
what has been approved by the other. The conference
committee, consisting of members nominated from both
Houses, is an extra constitutional creation of Congress
whose function is to propose to Congress ways of
reconciling conflicting provisions found in the Senate
version and in the House version of a bill.
•
General Prohibition of “Riders”
Every bill must embrace only one (1) subject, as
expressed in the title. However, the title does not have to
be a complete catalogue of everything stated in the bill.
Presidential Veto
A bill passed by Congress is one signed by the Speaker
of the House and the Senate President and in effect,
becoming an enrolled bill to be presented to the President.
•
As to the President — Congress may, by law,
authorize the President to fix within specific limits,
and subject to such limitations and restrictions as it
may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or
imposts within the framework of the national
development program of the Government. (Art. VI, §
28, ¶ 2. )
As to Local Government — Under the present
Constitution, each local government unit is now
expressly given the power to create its own sources
of revenue and to levy taxes, subject to such
guidelines and limitations as the Congress may
provide, consistent with the basic policy of local
autonomy (Art. X, § 5.)
Limitations on Power of Taxation
Every bill passed by Congress shall be presented to the
President before it becomes law. To approve, he shall
sign it. Otherwise, he shall veto the bill.
Overriding a Veto
The President shall transmit to the House where the bill
originated. If, after such reconsideration, 2/3 of all the
members of such House shall agree to pass the bill, it
shall be sent, together with the objections, to the other
House by which it shall likewise be reconsidered, and if
approved by 2/3 of all the members of that House, it shall
become law.
To override the veto, at least 2/3 of all the members of
each House must agree to pass the bill. In such a case,
the veto is overridden and becomes a law without need of
presidential approval. (PHIL. CONST., art. VI, § 27(1).
Item Veto
General Rule: As a general rule, if the President
disapproves of a provision in a bill approved by congress,
he must veto the entire bill.
Exception: As an exception, the President is allowed to
item-veto in these types of bills:
● Rule of taxation shall be uniform and equitable.
Congress shall evolve a progressive system of taxation.
•
Uniformity means that all property belonging to
the same class shall be taxed alike.
● Charitable institutions and all lands, building and
improvements actually, directly and exclusively used
for religious, charitable or educational purposes shall
be exempt from tax.
● All revenues and assets of non-stock, non-profit
educational institutions used actually, directly and
exclusively for educational purposes all be exempt
from taxes and duties.
● Law granting tax exemption shall be passed only with
the concurrence of the majority of all the members of
Congress.
Scope and Purpose
The power to tax exists for the general welfare; hence,
implicit in its power is the limitation that it should be used
only for a public purpose.
Special Funds
1. Appropriation
2. Revenue, and
3. Tariff.
Exceptions to the Exception: DOCTRINE OF
INAPPROPRIATE PROVISIONS - A provision that is
constitutionally inappropriate for an appropriation bill may
be subject to veto even if it is not an appropriation or
revenue “item”.
Having been levied for a special purpose, the revenues
collected are to be treated as a special fund, to be, in the
language of the law, "administered in trust” for the
purpose intended.
Once the purpose has been fulfilled or abandoned, the
balance, if any, is to be transferred to the general
funds of the Government.
Taxation
Impoundment
General Rule: The power to tax is purely legislative and
it cannot be delegated.
EXECUTIVE IMPOUNDMENT - Refusal of the President
to spend funds already allocated by Congress for a
specific purpose. It is in effect, an “impoundment” of the
law allocating such expenditure of funds.
Exceptions:
Initiative and Referendum
INITIATIVE
REFERENDUM
Power of the people to
propose bills and laws,
and to enact or reject
them at the polls
independent of the
legislative assembly
Right reserved to the people
to adopt or reject any act or
measure which has been
passed by a legislative body
and which in most cases
would without action on the
part of electors become a
law
•
•
Removal from office; and
Disqualification to hold any office under the
Republic of the Philippines.
Officers Subject to Impeachment:
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President
Vice President
Members of the Supreme Court
Members of the Constitutional Commissions
Ombudsman
Grounds for Impeachment:
Entirely the work of the
electorate
Begun and consented to by
the law-making body
A process of lawmaking by the people
themselves without the
participation
and
against the wishes of
their
elected
representatives
Consists merely of the
electorate
approving
or
rejecting what has been
drawn up or enacted by a
legislative body
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Bribery
Graft and Corruption
Culpable Violation of the Constitution
Treason
Betrayal of Public Trust
Other high crimes
VOTING IN CONGRESS
Common to Both
Discipline Members
2/3 of All
Election of Officers
Majority of All
Declare the existence of a state of
war
2/3 of vote Houses,
voting separately
Override Veto
2/3 of All in House of
origin
Quorum to do business
Majority in House
Tax Exemption
Majority of All
Impeachment
Exclusive Power To Initiate
The House of Representatives shall have the exclusive
power to initiate all cases of impeachment.
The impeachment proceedings begin with a complaint
filed with the House of Representatives either by a
member of the House or by any citizen supported by a
resolution of endorsement by any member.
The complaint is referred to a Committee which prepares
a report (which can be favorable or unfavorable). In either
case, the House by a vote of 1/3 of all its members
decides whether complaint should be given due course.
Referral to the Committee and decision by the House is
unnecessary if the complaint is filed by at least 1/3 of all
the members of the house.
Confirmation
of
new
nominated by President
VP
Majority of Both
Houses,
boting
separately
Determination that Pres. unable to
discharge powers & duties
2/3 of Both Houses,
voting separately
To break a tie in presidential
election
Majority of All, voting
separately
Exclusive Power to Try and Decide
The Senate shall have the sole power to try and decide all
cases of impeachment. No person shall
be convicted without the concurrence of 2/3 of all the
Members of the Senate.
The penalty imposable shall be limited to:
Revocation of Proc. of Martial
Law/ Suspension of Priv. of Writ of
Habeas Corpus
Extension
of
Proc.
of
ML/Suspensio n. of Priv. of WHC
To Concur w/
granting amnesty
President
in
Majority of All, voting
jointly
Majority of All, voting
jointly
Senate
For the effectivity of treaty or
international agreement
2/3 of All
Conviction in impeachment
2/3 of All
Majority of All
House of Representatives
Affirm or Override Resolution to
Impeach
1/3 of All
THE EXECUTIVE DEPARTMENT OF THE PHILIPPINES
Executive Power
Qualifications of the President and the Vice
President
It is the power to enforce and administer the laws.
It includes but not limited to the prosecution of crimes
where the Executive department has the responsibility to
see to it that the laws are faithfully executed.
Executive Privilege
Executive Privilege: The power of the President to
withhold certain types of information from the courts, the
Congress, and ultimately the Public.
Types of information covered by executive privilege:
a. Conversations between the President and the
public official covered by this executive order;
b. Military, diplomatic and other national security
matters;
c. Information between inter-government agencies;
d. Discussion in close-door Cabinet meetings;
e. Matters affecting national security and public
order.
Exceptions:
Executive privilege cannot be used to conceal a crime or
a possible wrongdoing.
Thus, the specific need for evidence in a pending criminal
case outweighs the President’s generalized interest in
confidentiality.
PRESIDENT
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•
VICE- PRESIDENT
Natural-born citizen of the Philippines
Registered voter
Able to read and write
At least 40 years old on the day of election
Resident of the Philippines for at least 10 years
immediately preceding the election
Term of 6 years
Unless otherwise provided by law, term of office
commences at noon of June 30 next following
the election
Single term only; not eligible Term limit: 2 successive
for any reelection
terms
Any person who has
succeeded as President, and
served as much for more
than 4 years shall NOT be
qualified for election to the
same office at any time
Immunity from Suit
Voluntary renunciation of the office for any length of
time shall not be considered an interruption in the
continuity of service.
General Rule: The President of the Philippines cannot
be sued without the State’s consent.
Election
Exceptions:
• Immunity from suit is personal to the President and
may be invoked by him alone. However, immunity of
suit may be waived IMPLIEDLY when he abandons
his presidential immunity through filing a complaint
against another party.
• Immunity only applies to acts which were done in
accordance with his function as the President.
• Once out of office, even before the end of the sixyear term, immunity for non-official acts is lost.
The Regular Elections for President and Vice-President
shall be held on the second Monday of May.
Congress as Canvassing Board
The proclamation of presidential and vice-presidential
winners is a function of Congress and not of the
COMELEC.
Congress also has authority to break a tie in
presidential and vice-presidential elections. The
method for breaking the tie in case two or more shall have
an equal and highest number of votes. The tie is broken
by vote of a majority of all the Members of both Houses of
the Congress, voting separately.
Rule 14 of the PET Rules: Only the registered candidate
for President or for Vice-President of the Philippines who
received the second or third highest number of votes may
contest the election of the President or the VicePresident.
• By filing a verified petition with the Clerk of the
Presidential Electoral Tribunal within thirty (30)
days after the proclamation of the winner. By this
express enumeration, the rule makers have in
effect determined the real parties in interest
concerning an on-going election contest.
Supreme Court as the Presidential Electoral Tribunal
(PET)
The Supreme Court, sitting en banc, shall be the sole
judge of all contests relating to the election, returns and
qualifications of the President or Vice President, and may
promulgate its rules for the purpose.
Supreme Court En Banc- consists of all justices (1 Chief
Justice and 14 Associate Justices) sitting together to
make a decision.
4. Both the President and Vice- President have not
yet been chosen or have failed to qualify
5. When both shall have died or become
permanently incapacitated at the start of the
term.
6. When the Senate President and the Speaker of
the House shall have died or shall have become
permanently incapacitated, or are unable to
assume office.
Vacancy During the Term of the Presidency
The Congress shall, by law, provide who shall serve as
President in case of death, permanent disability, or
resignation of the Acting President.
Vacancy that occurs in mid-term
Salary
The salaries of the President and Vice-President shall be
determined by law and shall not be decreased during their
tenure.
No salary increased during their term. No increase in said
compensation shall take effect until after the expiration of
the term of the incumbent during which such an increase
was approved.
1. When the incumbent President dies or is
permanently disabled, is removed or resigns.
2. When both the President and the VicePresident die, or are permanently disabled, are
removed, or resign.
3. When the Acting President dies, or is
permanently incapacitated, is removed or
resigns.
Vacancy at the Beginning of the Term of the
Presidency
The president, to be deemed as having resigned, there
must be an intent to resign and the intent must be coupled
by acts of relinquishment.
The President-elect and the Vice President-elect shall
assume office at the beginning of their terms.
Vacancy in the Vice Presidency
If at the beginning of the term of the President, the
President-elect died or have become permanently
disabled, the Vice President-elect shall become
President.
Whenever there is a vacancy in the Office of the VicePresident during the term for which he was elected, the
President shall nominate a Vice-President from among
the Members of the Senate and the House of
Representatives who shall assume office upon
confirmation by a majority vote of all the Members of
both Houses of the Congress, voting separately.
Where no President and Vice-President has been chosen
or has qualified, or where both died or become
permanently disabled, the Senate President or, in case of
his inability, the Speaker of the House of Representatives,
shall act as President until a President or a Vice-President
shall have been chosen and qualified.
The Congress shall, by law, provide for the manner in
which one who is to act as President shall be selected
until a President or a Vice-President shall have qualified,
in case of death, permanent disability, or inability of the
officials mentioned in the next preceding paragraph.
Vacancy occur after the office has been initially filled
when:
1. A President has been chosen but fails to qualify
at the beginning of his term
2. No President has yet been chosen at the time he
is supposed to assume office.
3. The President-elect dies or is permanently
incapacitated before the beginning of his term
Vacancies in Both the Presidency and the Vice
Presidency
Remedy:
The Congress shall, at ten o’clock in the morning of the
third day after the vacancy in the offices of the President
and Vice-President occurs, convene in accordance with
its rules without need of a call and within seven days,
enact a law calling for a special election to elect a
President and a Vice-President to be held within forty-five
to sixty days from the time of such call.
The bill calling such special election shall be deemed
certified under paragraph 2, Section 26, Article VI of this
Constitution and shall become law upon its approval on
third reading by the Congress. Appropriations for the
special election shall be charged against any current
appropriations and shall be exempt from the requirements
of paragraph 4, Section 25, Article VI of this Constitution.
The convening of the Congress cannot be suspended nor
the special election postponed. No special election shall
be called if the vacancy occurs within eighteen months
before the date of the next presidential election.
Serious Illness of the President
In case of serious illness of the President, the public must
be informed of the state of his health. The members of the
Cabinet in charge of national security and foreign
relations and the Chief of Staff of the Armed Forces of the
Philippines, cannot be denied access to the President
during such illness.
Prohibitions
The President, Vice-President, the Members of the
Cabinet, and their Deputies or assistants are prohibited
from:
a) Receiving an increase in compensation during the term
of the incumbent during which such increase was
approved. (may be an increase or decrease; the
prohibition is meant to prevent the legislature from
“weakening the fortitude by appealing to their avarice or
corrupting their integrity by operating on their necessities.)
b) Receiving any other emoluments from the government
or any other source during their tenure. (emolument refers
to any compensation received for services rendered or
form possession of an office.)
c) Unless otherwise provided in the Constitution, shall not
hold any other employment during their tenure.
d) Directly or indirectly practicing any other profession,
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 government-owned or
controlled corporations or their subsidiaries during their
tenure.
e) Having a conflict of interest in the conduct of their office
during their tenure.
f) Appointing spouse or relatives by consanguinity or
affinity within the fourth civil degree as Member of
Constitutional 45 Commissions or the Office of the
Ombudsman, or as Secretaries, Under Secretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their
subsidiaries.
Note: A-F above applies to the President, A-E applies to
the Vice-President, and C-E applies to Members of
Cabinet, their deputies or assistants.
Appointments
Appointments extended by an Acting President shall
remain effective, unless revoked by the elected President,
within ninety days from his assumption or reassumption
of office.
The Acting President possesses powers to appoint but his
appointments may be revoked by the elected President
within ninety days from his assumption or reassumption
of office.
Power to Appoint
Nature of the appointing power
It is executive in nature; while Congress may prescribe
the qualifications for particular offices, the determination
of who among those who are qualified will be appointed is
the President’s prerogative.
Power of Removal
General Rule: The express power of appointment of the
President has the corollary implied power of removal.
Hence, the President may remove appointees.
Exception: Appointments requiring certain methods for
removal (e.g., Impeachment, appointment of judges of
inferior courts)
Disciplinary Powers
The power of the President to discipline officers flow from
the power to appoint the officer, and NOT from the power
of control. 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.
May the appointing authority be given to others?
Appointing authority may also be given to other officials
than the President. “The Congress may, by law, vest the
appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments,
agencies, commissions, or boards”. (Rufino v. Endriga,
GR No. 139554, July 21, 2006)
The Constitutional Limitations on the President’s
appointing power
The President may not appoint his/her spouse and
relatives by consanguinity or affinity within the 4th civil
degree as members of the:
(a)
(b)
(c)
(d)
(e)
(f)
Constitutional Commissions
Ombudsman
Department Secretaries
Undersecretaries
Chairmen and heads of Bureaus and Offices
GOCCs
Two months immediately before the next Presidential
elections and up to the end of his/her 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.
The appointment of the heads of the executive
departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of
colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution require
the consent of the Commission on Appointments.
Types of Appointment:
(a) Appointments made by an acting president
The power of the succeeding President to revoke
appointments made by the Acting President refers only to
appointments in the Executive Department. (De Castro v.
JBC, G.R. No. 191002, April 20, 2010)
(b) Midnight appointment — appointment made by a
President after the election of his successor and up
to the end of his term. This is prohibited by the
Constitution.
Exceptions:
• It is necessary to make such appointment
• Only temporary appointments can be extended
• Appointments only in the Executive Department
(c) Appointments for Partisan Political Consideration.
Those made 2 months before the next Presidential
election. This is prohibited by the Constitution.
(d) Regular presidential appointments, with or without
confirmation by the Commission on Appointments, and
‘recess’ or ‘ad-interim’ appointments.
•
•
When Congress is in recess, the President may
still appoint officers to positions subject to CA
confirmation. These appointments are effective
immediately, but are only effective until they are
disapproved by the CA or until the next
adjournment of Congress.
Applies only to positions requiring confirmation of
CA Appointments to fill an office in an ‘acting’
capacity are NOT ad-interim in nature and need
no CA approval.
What is an ad-interim appointment?
An ad interim appointment 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. (Matibag v. Benipayo G.R. No.
149036, April 2, 2002)
How are Ad-Interim Appointments Terminated?
•
•
Disapproval of the appointment by the CA;
Adjournment by the Congress without the CA
acting on the appointment
Difference between Disapproval and By-Passed
Appointments
APPOINTMENTS
DISAPPROVED
BY-PASSED
APPOINTMENTS
When the Commission
disapproves
an
ad
interim appointment, the
appointee can no longer
be extended a new
appointment, inasmuch
as the disapproval is a
final decision in the
exercise
of
the
Commission’s checking
power
on
the
appointment authority of
the President
When
an
ad-interim
position
is
by-passed
because of law of time or
failure of the Commission to
organize, there is no final
decision, the President is
free to renew the ad-interim
appointment.
Regular Appointments Requiring
Commission on Appointment (CA):
•
•
•
•
Consent
of
Heads of executive departments;
Ambassadors, consuls, and other public
ministers
Officers of AFP from the rank of colonel or naval
captain
Other officers whose appointment is vested in
him by the Constitution, such as:
o Chairmen and members of the
COMELEC, COA, and CSC.
o Regular members of the Judicial Bar
Council.
o The Ombudsman and his deputies.
o Sectoral representatives in Congress, as
provided in Transitory Provisions
Regular appointments
confirmation:
without
need
of
CA’s
All other officers whose appointments are not otherwise
provided for by law and those whom he may be authorized
by law to appoint do not require CA confirmation. This
includes the Chairman and members of the Commission
on Human Rights. The Vice-President, appointed as a
member of the Cabinet, also does not require
confirmation.
Appointments with prior recommendation
nomination by the Judicial Bar Council:
or
•
•
Members of the SC and judges of the lower
courts; these appointments do not need CA
confirmation.
Ombudsman and his Deputies.
Procedure when CA confirmation needed:
(a)
(b)
(c)
(d)
Nomination by President
Confirmation by CA
Appointment by President
Acceptance by appointee.
At any time before all four steps have been complied with,
the President can withdraw the nomination or
appointment.
The doctrine of qualified political agency acknowledges
the multifarious executive responsibilities that demand a
president's attention, such that the delegation of control
power to his or her Cabinet becomes a necessity.
Unless the Constitution or law provides otherwise,
Cabinet members have the president's imprimatur to
exercise control over the offices and departments under
their respective jurisdictions, which authority nonetheless
remains subject to the president's disapproval or reversal.
In a long line of decisions, the Court upheld the notion that
"the power of the president to reorganize the National
Government may validly be delegated to his or her cabinet
members exercising control over a particular executive
department”.
Once appointee accepts, President can no longer
withdraw the appointment.
But the Court retains the distinction that the doctrine
remains limited to the President's executive secretary and
other Cabinet secretaries. It does not extend to deputy
executive secretaries or assistant deputy secretaries.
Clearly, the president cannot be expected to personally
exercise his or her control powers all at the same time.
This entails the delegation of power to his or her Cabinet
members. (Philippine Institute for Development Studies v.
Commission on Audit, GR. No. 212022, Aug. 20, 2019)
Power of Control
Reorganization of Executive Departments and Offices
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.
The President may, by executive or administrative order,
direct the reorganization of government entities under the
Executive Department. Section 17, Article VII of the 1987
Constitution, clearly states: “The President shall have
control of all executive departments, bureaus and offices.”
The Administrative Code also grants the President the
power to reorganize the Office of the President in
recognition of the recurring need of every President to
reorganize his or her office “to achieve simplicity,
economy and efficiency” (Tondo Medical v. Court of
Appeals, G.R. No. 167324, July 17, 2007).
Procedure when no CA confirmation needed:
(a) Appointment
(b) Acceptance
Power of Supervision
•
The power of a superior officer to ensure that the
laws are faithfully executed by subordinates.
•
The power of supervision does not include the
power of control; but the power of control
necessarily includes the power of supervision.
The execution of laws is an OBLIGATION of the
President. He cannot suspend the operation of laws.
Doctrine of Qualified Political Agency
QUALIFIED POLITICAL AGENCY - Acts of department
heads, etc., performed and promulgated in the regular
course of business, are presumptively acts of the
President.
Exception:
If the acts are disapproved or reprobated by the President.
If the President is required to act in person by law or by
the Constitution (e.g. the power to grant pardons).
Application to Cabinet Members and Executive
Secretary
Local Government Units
The power of the president over local government units,
including autonomous regions, is only of general
supervision. He can interfere with the actions of their
executive heads only if these are contrary to law.
Emergency Powers
Congress is the repository of emergency powers. But in
times of war or other national emergency, it may, by law,
authorize the President, for a limited period and subject to
such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national
policy. Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next
adjournment thereof. (1987 PHIL. CONSTI. Art. Sec.
23(2); IBP v. Zamora, G.R. No. 141284, Aug. 15, 2000)
Conditions for the Exercise of the President of
Emergency Powers
1. There must be a war or national emergency;
2. There must be a law authorizing the President to
exercise emergency powers;
3. Exercise must be for a limited period;
4. Exercise must be necessary and proper to carry
out a declared national policy; and
5. Must be subject to restrictions that Congress may
provide.
The President could validly declare the existence of a
state of national emergency even in the absence of a
Congressional enactment. But the exercise of emergency
powers, such as the taking over of privately owned public
utility or business affected with public interest, is a
different matter. This requires a delegation from
Congress.
Extraordinary/Commander-in-Chief Powers
Differentiated
CALLING OUT
POWERS
SUSPENDING THE
PRIVILEGE OF THE WRIT
OF HABEAS
CORPUS/DECLARING
MARTIAL LAW
Calling Out Powers refer
to call out the Armed
Forces to prevent or
suppress
lawless
violence, Invasion, or
rebellion.
Writ of Habeas Corpus is
an order by the court to
produce the body (person)
of someone who has been
detained and determine
why he is being
restrained without
necessarily ordering the
release of the prisoner.
What
is
suspended:
being
Privilege of writ of
habeas corpus is an order
coming from the court to
immediately release the
prisoner if the court finds
out that the detention is
without legal cause or
authority.
Action by the legislative or judicial branch
The Court may nullify the
exercise of such power
only when the President
acts in a manner
constituting grave abuse
of discretion
Congress may revoke such
proclamation or suspension
and the Court may review
the sufficiency of the factual
basis thereof
a. Calling out Powers
As Commander-in-Chief of the Armed Forces, whenever
necessary, the President may call out the Armed Forces
to PREVENT or SUPPRESS:
(a) Lawless violence
(b) Invasion
(c) Rebellion
Among the three extraordinary powers, the calling out
power is the most benign and involves ordinary police
action. The power to call is fully discretionary to the
President; the only limitations being that he acts within
permissible constitutional boundaries or in a manner not
constituting grave abuse of discretion. In fact, the actual
use to which the President puts the armed forces is not
subject to judicial review. (Lagman v. Medialdea, G.R. No.
231658, July 4, 2017)
Declaration of Martial Law and Suspension of the
Privilege of the Writ of Habeas Corpus; Extension
Besides his calling out powers, the President may also:
(a) Suspend the privilege of the writ of habeas corpus
(b) Proclaim a state of martial law
A state of martial law is peculiar because the President,
at such a time, exercises police power, which is normally
a function of the Legislature. In particular, the President
exercises police power, with the military’s assistance, to
ensure public safety and in place of government agencies
which for the time being are unable to cope with the
condition in a locality, which remains under the control of
the State. (Lagman v. Medialdea, G.R. No. 231658, July
4, 2017)
Grounds For the Suspension of The Privilege Of The
Writ Of Habeas Corpus And Declaration Of Martial
Law
Grounds
May be
whenever
necessary
suppress
violence,
rebellion
resorted to
it becomes
to prevent or
lawless
invasion, or
May be exercised only
when there is actual
invasion or rebellion, and
public safety requires it
1. Actual rebellion or invasion (not imminent or a
threat or future instance of rebellion or invasion; it
must be actual and present); and
2. Public safety requires it.
Checks and Balances to Limit the Exercise of the
Martial Law and Suspension Powers/Safeguards
against Abuse
1. The President may declare martial law or
suspend of the privilege of the writ of the privilege
of habeas corpus only when there is an invasion
or rebellion and public safety requires such
declaration or suspension.
2. The President's proclamation or suspension shall
be for a period not exceeding 60 days.
3. Within 48 hours from the proclamation or
suspension, the President must submit a Report
in person or in writing to Congress.
4. The Congress, voting jointly and by a vote of at
least a majority of all its Members, can revoke the
proclamation or suspension.
5. The President cannot set aside the Congress'
revocation of his proclamation or suspension.
6. The President cannot, by himself, extend his
proclamation or suspension. He should ask the
Congress' approval.
7. Upon such initiative or request from the
President, the Congress, voting jointly and by a
vote of at least a majority of all its Members, can
extend the proclamation or suspension for such
period as it may determine.
8. The extension of the proclamation or suspension
shall only be approved when the invasion or
rebellion persists and public safety requires it.
9. The Supreme Court may review the sufficiency of
the factual basis of the proclamation or
suspension, or the extension thereof, in an
appropriate proceeding filed by any citizen.
10. The Supreme Court must promulgate its decision
within 30 days from the filing of the appropriate
proceeding
11. Martial law does not suspend the operation of the
Constitution. Accordingly, the Bill of Rights
remains effective under a state of martial law. Its
implementers must adhere to the principle that
civilian authority is supreme over the military and
the armed forces is the protector of the people.
They must also abide by the State's policy to
value the dignity of every human person and
guarantee full respect for human rights.
12. Martial law does not supplant the functioning of
the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military
courts and agencies over civilians where civil
courts are able to function.
13. The suspension of the privilege of the writ applies
only to persons judicially charged for rebellion or
offenses inherent in or directly connected with
invasion. 14. Finally, during the suspension of the
privilege of the writ, any person thus arrested or
detained should be judicially charged within three
days, otherwise he should be released.
Territorial Coverage
The Constitution grants to the President the discretion to
determine the territorial coverage of martial law and the
suspension of the privilege of the writ of habeas corpus.
He may put the entire Philippines or only a part thereof
under martial law.
Limiting the proclamation and/or suspension to the place
where there is actual rebellion would not only defeat the
purpose of declaring martial law, it will make the exercise
thereof ineffective and useless. (e.g. martial law over
Mindanao as a whole and not merely Marawi where actual
rebellion transpired)
•
•
It is difficult, if not impossible, to fix the territorial
scope of martial law in direct proportion to the
"range" of actual rebellion and public safety
simply because rebellion and public safety have
no fixed physical dimensions.
Moreover, the President's duty to maintain peace
and public safety is not limited only to the place
where there is actual rebellion; it extends to other
areas where the present hostilities are in danger
of spilling over.
Congressional Check on the Exercise of Martial Law
and Suspension Powers
1. The power to review the President's proclamation of
martial law or suspension of the privilege of the writ of
habeas corpus, and to revoke such proclamation or
suspension.
2. The power to approve any extension of the
proclamation or suspension, upon the President's
initiative, for such period as it may determine, if the
invasion or rebellion persists and public safety requires it.
(Lagman v. Pimentel III, G.R. No. 235935, Feb. 6, 2018)
Duty to Report to Congress
Section 18, Article VII, requires the President to report his
actions to Congress, in person or in writing, within 48
hours of such proclamation or suspension. In turn, the
Congress is required to convene without need of a call
within 24 hours following the Presidents proclamation or
suspension.
Ways to Lift the Proclamation of Martial Law and/or
Suspension of the Privilege:
1.
2.
3.
4.
Lifting by the President himself;
Revocation by Congress;
Nullification by the Supreme Court; and
By operation of law after 60 days.
Executive Clemency
Nature and Limitation
The matter of executive clemency is non-delegable power
and must be exercised by the President personally.
The power exists as an instrument for correcting the
errors in administration of justice and for mitigating
whenever a strict application of the provisions of the law
will result in undue harshness.
Limitations:
(a) Before conviction, in cases of impeachment
The President can pardon criminal offenses after an
impeachment proceeding such as what happened in
2007 when President Arroyo pardoned former
President Estrada after having been convicted by the
Sandiganbayan of plunder.
The exercise of the pardoning power is discretionary
in the President and may not be interfered with by
Congress or the Court, except only when it exceeds
the limits provided for by the Constitution (Risos-Vidal
v. COMELEC, G.R. No. 206666, Jan. 21, 2015).
(b) For violations of election laws, rules, and regulations
without the favorable recommendation of the COMELEC
in cases of civil or legislative contempt
(c) Granted only after conviction by final judgment.
Forms of Executive Clemency
PARDON – An act of grace, which exempts the individual
from the punishment the law inflicts for a crime he has
committed. It is either conditional or plenary.
AMNESTY - 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. The President alone cannot grant amnesty for it
needs the concurrence by a majority of all the members
of Congress. When a person applies for amnesty, he must
admit his guilt of the offense that is subject to such
amnesty. If his application is denied, he can be convicted
based on this admission of guilt.
REPRIEVE – postpones the execution of an offense to a
day certain
REMISSION OF FINES AND FORFEITURES – prevents
the collection of fines or the confiscation of forfeited
property but it cannot have the effect of returning the
property which has been vested in 3rd parties or money
already in the public treasury.
COMMUTATION – a remission of a part of the
punishment; it is a substitution of a lesser penalty for the
one originally imposed.
Amnesty v. Pardon
AMNESTY
PARDON
Political Offenses
Ordinary Offenses
To a class of persons
To individuals
Need not be accepted
Must be accepted
Requires concurrence of
majority of all members of
Congress
No
need
Congressional
Concurrence
A public act; subject to
judicial notice
Private act of President; it
must be proved
Extinguishes the offense
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
after conviction
Only
granted
conviction
by
judgment
EXECUTIVE
CASES:
CLEMENCY
IN
for
after
final
ADMINISTRATIVE
The power to grant clemency includes cases involving
administrative penalties. Where a conditional pardon is
granted, the determination of whether it has been violated
rests with the President.
The President can extend it to administrative cases but
only in the Executive Branch, not in the Judicial or
Legislative Branches of government (Llamas v. Orbos,
G.R. No. 99031, Oct. 15, 1991).
TAX AMNESTY: General pardon to impose penalties on
persons guilty of evasion or violation of revenue or tax law
(Republic v. IAC, G.R. No. 69344, Apr. 26, 1991).
Foreign Loans
Powers Relative to Appropriation Measures:
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.
The Monetary Board is required to give a report of action
taken on loans and guarantees because it has expertise
and consistency to perform the mandate and since such
expertise and consistency may be absent among the
Members of Congress.
Foreign Relations: Senate Concurrence in
International Agreements
Treaty or International Agreements
Treaty or international agreements shall be valid and
effective when concurred in by at least two-thirds of all the
Members of the Senate.
Some of the Foreign relations powers of the President
are:
1. The power to negotiate treaties and international
agreements;
2. The power to appoint ambassadors and other
public ministers, and consuls;
3. The power to receive ambassadors and other
public ministers accredited to the Philippines;
4. The power to contract and guarantee foreign
loans on behalf of the Republic;
5. The power to deport aliens.
The President must not enter into a transaction which is
prohibited by statutes enacted prior thereto. Under the
Constitution, the main function of the Executive is to
enforce laws enacted by Congress. The former may not
interfere in the performance of the legislative powers of
the latter, except in the exercise of his veto power. He may
not defeat legislative enactments that have acquired the
status of law, by indirectly repealing the same through an
executive agreement providing for the performance of the
very act prohibited by said laws.
THE JUDICIAL DEPARTMENT OF THE PHILIPPINES
Judicial Power
The Judicial Power shall be vested in one Supreme Court
and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice:
•
•
To settle actual controversies involving rights
which are legally demandable and enforceable,
and
To determine whether or not there has been a
grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or
instrumentality of the Government.
Justiciable Controversies
•
Justiciable Controversy - is a definite and
concrete dispute touching on the legal relations of
parties having adverse legal interests, which may
be resolved by a court of law through the
application of a law. In other words, it is an issue
which may be decided by courts.
Requirements for Justiciability
1. That there be an actual controversy between
or among the parties to the dispute;
2. That the interests of the parties be adverse;
3. That the matter in controversy be capable of
being adjudicated by judicial power; and
4. That the determination of the controversy will
result in practical relief to the complainant.
Grave Abuse of Discretion
•
“To determine whether or not here has been a
grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or
instrumentality of the Government”
There is grave abuse of discretion:
1. When an act done contrary to the
Constitution, the law, or jurisprudence.
2. Or it is executed whimsically, capriciously,
arbitrarily our of malice, ill will or personal
bias. (Infotech v. COMELEC, 2004)
The “broadened concept” of judicial power is not
meant to do away with the political questions doctrine
itself. The concept must sometimes yield to
separation of powers, to the doctrine on “political
questions” or to the “enrolled bill” rule.
Grave abuse of discretion refers not merely to
substantial errors of jurisdiction, or to violations of the
Constitution, the law and jurisprudence. It refers also
to cases in which, for various reasons, there has been
a gross misapprehension of facts.
Necessity of Applicable Law
Before a tribunal, board, or officer may exercise judicial or
quasi-judicial acts, it is necessary that there is a law that
give rise to some specific rights of persons or property
under which adverse claims to such rights are made, and
the controversy ensuing therefrom is brought, in turn,
before the tribunal, board or officer clothed with power and
authority to determine what that law is and thereupon
adjudicate the respective rights of the contending parties.
Limits on Judicial Power
•
Separation of Powers
By the principle of separation of powers, courts may
neither attempt to assume nor be compelled to perform
non-judicial functions. Thus, a court may not be required
to act as board of arbitrators. Nor may it be charged with
administrative functions incidental to the fulfillment of
official duties. Neither is it the function of the judiciary to
give advisory opinions.
•
Principle of Judicial Restraint
This is the theory of judicial interpretation that encourages
judges to limit the exercise of their own powers.
It asserts that judges should hesitate to strike down laws
unless they are obviously unconstitutional, though what
counts as obviously unconstitutional is itself a matter of
some debate.
Judicial power granted to the SC by the same Constitution
is plenary. The power wielded by the Presidential
Electoral Tribunal is a derivative of the plenary judicial
power allocated to courts of law, expressly provided in the
Constitution.
The judicial power is a complete and absolute power to
take action on a particular issue, with no limitations.
Judicial Review
The power of the Supreme Court to declare a law, treaty,
ordinance, etc. unconstitutional
Lower courts may also exercise the power of judicial
review, subject to the appellate jurisdiction of the SC.
Only Supreme Court decisions set precedents. As thus,
only SC decisions are binding on all.
Functions of Judicial Review
1. Checking- invalidating a law or executive act that
is found to be contrary to the Constitution
2. Legitimating- upholding the validity of the law that
results from a mere dismissal of a case
challenging the validity of the law
3. Symbolic- to educate the bench and bar as to the
controlling principles and concepts on matters of
grave public importance for the guidance of and
restraint upon the future
Requisites of Judicial Review
(1) The question of constitutionality must be raised in
the first instance, or at the Earliest opportunity.
(2) The question involved must be Ripe for
adjudication, e.g. the challenged government act
must have had an adverse effect on the person
challenging it.
(3) An Actual case or controversy calling for the
exercise of judicial power.
(4) Resolution of the issue of constitutionality is
unavoidable or is the very Lis mota (the very
issue) of the case.
(5) The person challenging the governmental act
must have legal standing. (Locus Standi) i.e., as
taxpayer or citizen
Exception: The Court can waive the procedural rule
on standing in cases that raise issues of
transcendental importance.
Doctrine of Primary Jurisdiction and Doctrine of
Exhaustion of Remedies
Doctrine of primary jurisdiction states that if a case
requires expertise, specialized training and knowledge of
an administrative body for it to be settled, it must first be
settled in an administrative proceeding before resort to
the courts is had even if the matter may well be within the
proper jurisdiction of courts.
The doctrine of primary jurisdiction applies only where the
act of the administrative agency concerned was
performed pursuant to its quasi-judicial function, and not
when the assailed act pertained to its rule-making or
quasi-legislative power. (Smart v. NTC, GR 151908,
August 12, 2003)
The doctrine of exhaustion of administrative remedies
requires that when an administrative remedy is provided
by law, relief must be sought by exhausting this remedy
before judicial intervention may be availed of.
Example: If a citizen’s employment was erroneously
terminated by the company, such cases may first be
settled in the National Labor Relations Commission,
which is a quasi-judicial agency in the Department of
Labor and Employment of the Executive Branch. This falls
under the doctrine of primary jurisdiction.
If either of the parties are still unsatisfied with the outcome
of the case in NLRC, they may bring it to the Secretary of
the Department, and if still unsatisfied with such, they may
bring it forward to the President. If still unsatisfied, they
may now bring it to the courts. This falls under the doctrine
of exhaustion of administrative remedies.
Moot and Academic
A moot case is one that ceases to present a justiciable
controversy by virtue of supervening events, so that a
declaration thereon would be of no practical use or value.
Generally, courts decline jurisdiction over such a case or
dismiss it on grounds of mootness.
However, Courts will decide cases, otherwise moot and
academic, if:
(a) There is a grave violation of the Constitution;
(b) The exceptional character of the situation and the
paramount public interest is involved;
(c) When the constitutional issue raised requires
formulation of controlling principles to guide the
bench, the bar, and the public;
(d) The case is capable of repetition yet evading
review.” Mattel, Inc. v. Francisco, G.R. No.
166886, July 30, 2008.
Example: If a case was presented in courts, contending
that the act of the President in his or her declaration of
martial law was invalid, but then the declaration was
revoked prior to the decision of Congress to revoke or
extend it, this is a supervening event which renders the
case moot because there is no longer any justiciable
controversy. However, if the Court determines that there
is paramount public interest (i.e. people’s substantive
rights were violated by the AFP during the short period of
the declaration), then it may still be open for judicial
decision.
Political Questions Doctrine
Political questions are questions of policy and cannot be
settled in courts. Usually, the appropriate department or
administrative agency answers these questions if such
questions fall under their expertise.
Example: The citizens questioned the mandatory use of
face masks even after the World Heath Organization has
declared the end of COVID-19’s emergency status. This
is not a question which may be settled in courts because
the mandatory use of masks are within the jurisdiction of
the executive department as it is their implementation of
the policy which is being questioned.
Courts may only settle justiciable controversies where
there are substantive rights which may have been
violated.
Role of the Legislature in the Judicial Process
Although judicial power is vested in the judiciary, the
proper exercise of such power requires prior legislative
action: (1) defining such enforceable and demandable
rights and prescribing remedies for violations of such
rights; and (2) determining the court with jurisdiction to
hear and decide controversies or disputes arising from
legal rights.
A party cannot be held liable for an act if there is no law
prohibiting it or declaring it illegal.
•
•
Congress and no other body has the power to create new
courts and to apportion jurisdiction among various courts.
However, in the exercise of this power Congress may not
impair the independence of the judiciary. Moreover, any
reorganization of the judicial system should be done in a
manner which does not impair security tenure of the
judiciary members.
•
Judiciary’s Fiscal Autonomy
•
The Judiciary shall enjoy fiscal autonomy. Appropriations
for the Judiciary may not be reduced by the legislature
below the amount appropriated for the previous year and,
after approval, shall be automatically and regularly
released.
•
The constitution dictates that appropriations for the
Judiciary may not be reduced by the legislature below the
amount appropriated for the previous year and, after
approval, shall be automatically and regularly released.”
Fiscal autonomy is granted to the Supreme Court in order
to strengthen its independence.
The judiciary must have the independence and flexibility
needed in the discharge of their constitutional duties. The
veto impairs the power of the chief justice to augment
other items in the judiciary’s appropriation, in
contravention of the constitutional provision on “fiscal
autonomy”. Bengzon v. Drilon, 208 SCRA 133 (1992)
Fiscal autonomy recognizes the power and authority of
the Court to levy, assess and collect fees, including legal
fees. RE: Petition for the recognition of the exemption of
GSIS, A.M. No. 08-2-01-0, February 11, 2010
•
•
All cases which under the Rules of Court may be
required to be heard en banc;
All cases involving the constitutionality,
application or operation of presidential decrees,
proclamations, orders, instructions, ordinances,
and other regulations;
Cases heard by a division when the required
majority in the division is not obtained;
Cases where the Supreme Court modifies or
reverses a doctrine or principle of law previously
laid down either en banc or in division;
Administrative cases involving the discipline or
dismissal of judges of lower courts (Section 11);
(c) election contests for President or VicePresident
.
Voting: With the concurrence of a majority of the
members who actually took part in the deliberations
on the issues in the case and voted thereon.
Cases or matters heard by a division shall be decided
or resolved with the concurrence of a majority of the
members who actually took part in the deliberations on
the issues in the case and voted thereon, and in no case,
without the concurrence of at least three of such
members. When the required number is not obtained, the
case shall be decided en banc: provided that no doctrine
or principle of law laid down by the court in a decision
rendered en banc or in division may be modified or
reversed except by the court sitting en banc.
Actions considered in any of these divisions and decisions
rendered therein are, in effect, by the same Tribunal.
Decisions or resolutions of a division of the court are
not inferior to an en banc decision. People v. Dy, G.R.
Nos. 115236-37, January 16, 2003.
Qualifications of Judges and Justices
Legal fees do not constitute a vital source of the
Court’s financial resources but also comprise an
essential element of the Court’s fiscal
independence.
Supreme
Court
Lower
Collegiate
Courts (Court of
Appeals, Court
of Tax Appeals,
Sandiganbayan)
Composition and Qualifications
The Supreme Court is composed of:
•
•
A Chief Justice; and
14 associate justices.
Natural-born
Philippines
citizen
The Court is free to create divisions of three, five, or
seven. The purpose of allowing up to five divisions within
one Court is to enable the Court to dispose of cases more
speedily.
Cases which must be heard by the Supreme Court en
banc:
•
All cases involving the constitutionality of a treaty,
international or executive agreement, or law;
of
the
Lower NonCollegiate
Courts
Citizen of the
Philippines
(may
be
naturalized)
At least
years old
40
Possesses
other
qualifications
prescribed by Congress
At least
years
15
of
Member of the Philippine Bar
experience as a
judge or in the
practice of law
in
the
Philippines
(c) All cases in which the jurisdiction of any court
is in issue.
(d) All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
A person of proven competence, integrity, probity, and
independence
(e) All cases in which only an error or question of
law is involved.
(3) Assign temporary judges of lower courts to
other stations as public interest may require.
Such temporary assignment shall not exceed six
months without the consent of the judge
concerned.
Regional Trial Court
Municipal Trial Court
At least 35 years old
At least 30 years old
Engaged for at least 10
years in the practice of law
in the Philippines or Has
held public office in the
Philippines
requiring
admission to the practice
of law as a requisite
Engaged for at least 5
years in the practice of law
in the Philippines or Has
held public office in the
Philippines
requiring
admission to the practice
of law as a requisite
Term of Office
Lower courts hold office during good behavior until:
1. The age of 70 years old
2. They become incapacitated to discharge their
duties
Other Powers
The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls,
and over petitions for certiorari prohibition,
mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or
validity of any treaty, international or executive
agreement
law,
presidential
decree,
proclamation, order, instruction, ordinance, or
regulation is in question.
(b) All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto.
(4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasijudicial bodies shall remain effective unless disapproved
by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
Effect of Unconstitutionality; Operative Fact Doctrine
“The actual existence of a statute, prior to such a
determination [of unconstitutionality], is an operative fact
and may have consequences which cannot justly be
ignored. The past cannot always be erased by a new
judicial declaration. The effect of the subsequent ruling as
to invalidity may have to be considered in various aspects,
with respect to particular relations, individual and
corporate, and particular conduct, private and official."
In other words, the acts in accordance with the law before
it was declared unconstitutional is valid and considered to
be an operative fact.
Question of Law
Under the Rules of Court, a party may directly appeal to
the Supreme Court from a decision of the trial court only
on pure questions of law.
A question of law exists when the doubt or controversy
concerns the correct application of law or jurisprudence to
a certain set of facts; or when the issue does not call for
an examination of the probative value of the evidence
presented, the truth or falsehood of facts being admitted
(Cebu
Woman’s
Club
v.
De
la
Victo).
Power to Promulgate Rules
The rules promulgated by the Supreme Court must
provide a simplified and inexpensive procedure for the
speedy disposition of cases; they must be uniform for all
courts of the same grade; and must not diminish, increase
or modify substantive rights. First Lepanto v. CA-231
SCRA 30 (1994)
This is evident in the present Rules of Court, which is a
product of the Supreme Court.
Limits of Power:
• Simplified and Inexpensive Procedure for Speedy
Disposition
• Uniform for All Courts of the Same Grade
Procedure of Special Courts and Quasi-Judicial
Bodies Effective Unless Disapproved by SC
The Supreme Court has a rule-making power provided in
Article VIII, Section 5, paragraph (5) —the constitutional
prerogative and authority to strike down and
disapprove rules of procedure of special courts and quasijudicial bodies. Tan v. COMELEC- 507 SCRA 352 [2006]
The Council shall have the principal function of
recommending appointees to the Judiciary. It may
exercise such other functions and duties as the Supreme
Court may assign to it.
Salary
The salary of the Chief Justice and of the Associate
Justices of the Supreme Court, and of judges of lower
courts shall be fixed by law. During their continuance in
office, their salary shall not be decreased.
Nitafan v. CIR- 152 SCRA 284 [1987]: The salaries of
members of the judiciary are subject to the general
income tax applied to all taxpayers. Although intent was
not clearly set in the final text of the 1987 Consti.,
deliberations of the 1986 Constitutional Commission
negate the contention that the intent of the framers is to
revert to the original concept of non-diminution of salaries
of judicial offices.
May not perform quasi-judicial functions
The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
Supervision over the Judiciary
Opinions of Court
The Constitution provides that the Supreme Court is given
exclusive administrative supervision over all courts and
judicial personnel. Ampong v. CSC- 563 SCRA 293
[2008]
It is only the Supreme Court that can oversee the judges’
and courts’ personnel’s compliance with all laws, and take
the proper administrative action against them if they
commit any violation thereof. No other branch of
government may intrude into this power, without running
afoul of the doctrine of separation of powers. Dolalas v.
Office of the Ombudsman-265 SCRA 819 [1996]
Judicial and Bar Council
A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of:
Ex-Officio Members:
• the Chief Justice as ex officio Chairman
• the Secretary of Justice
• A representative of the Congress
Regular Members:
• a representative of the Integrated Bar
• a professor of law
• a retired Member of the Supreme Court
• a representative of the private sector.
The regular Members of the Council are appointed by
the President for a term of four years with the consent
of the Commission on Appointments.
The Clerk of the Supreme Court is the Secretary ex officio
of the Council and shall keep a record of its proceedings.
The conclusions of the Supreme Court in any case
submitted to it for decision en banc or in division shall be
reached in consultation before the case is assigned to a
Member for the writing of the opinion of the Court. A
certification to this effect signed by the Chief Justice shall
be issued and a copy thereof attached to the record of the
case and served upon the parties. Any Member who took
no part, or dissented, or abstained from a decision or
resolution, must state the reason therefore. The same
requirements shall be observed by all lower collegiate
courts.
Majority Opinion: the winning decision of the court in
settling the controversy; establishes precedence if made
by the Supreme Court
Concurring Opinion: an opinion of a justice in support of
the majority opinion
Dissenting Opinion: an opinion of a justice belonging to
the minority which does not establish precedence but may
influence future decisions
The reason for the required explanation to be given by
individual Justices for their non-participation or abstention
is to encourage participation among the justices.
The Constitution requires that “No decision shall be
rendered by any court without expressing therein clearly
and distinctly the facts and the law on which it is based."
It cannot merely refer to the findings of fact and the
conclusions of law of the lower court. The court must
make full findings of fact and conclusions of law of its own.
Ong Chiu Kwan, GR 13006, November 23, 2000
Legal basis must be stated if a petition for review or
motion for reconsideration of a decision shall be
refused due course or denied.
Duration for Settling in Courts
(1) All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within
twenty-four months from date of submission for the
Supreme Court, and, unless reduced by the Supreme
Court, twelve months for all lower collegiate courts,
and three months for all other lower courts.
(2) A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or the
presiding judge shall forthwith be issued and a copy
thereof attached to the record of the case or matter, and
served upon the parties. The certification shall state why
a decision or resolution has not been rendered or issued
within said period.
(4) Despite the expiration of the applicable mandatory
period, the court, without prejudice to such responsibility
as may have been incurred in consequence thereof, shall
decide or resolve the case or matter submitted thereto for
determination, without further delay.
Exception: The Sandiganbayan applies the three (3)
month period for deciding cases, not the twelve (12)
month period given to appellate courts, because the
Sandiganbayan in a trial court. Re: Problem of Delays
before the Sandiganbayan, A.M. N 00 8-05-SC,
November 28, 2001
A judge’s failure to resolve cases submitted for decision
within the reglementary period constitutes a serious
violation of the constitutional right of the parties to a
speedy disposition of their cases.—Sec. 15, Article VIII of
the Constitution provides that all cases filed before the
lower courts must be decided or resolved within three (3)
months from the date of submission (Lopez vs. Judge
Reynaldo Alon, 254 SCRA 166).
Non-observance of this mandate constitutes a ground for
administrative sanction against the defaulting judge.
(Marcelino vs. Cruz, 121 SCRA 51).