WEEK 7: LESSON VI: THE LEGISLATIVE DEPARTMENT (ART.

6, 1987 PHILIPPINE CONSTITUTION)

TOPICS FOR DISCUSSION (PART 1)

A. MEANING OF LEGISLATIVE POWER

ARTICLE VI - THE LEGISLATIVE DEPARTMENT

SECTION 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate
and a House of Representatives, except to the extent reserved to the people by the provision on initiative and
referendum.

LEGISLATIVE POWER.

Legislative power is the power or competence of the legislature to enact, ordain, alter, or modify, repeal, or
abrogate existing laws.

Two (2) kinds of legislative power.

They are the original and derivative powers.
a) Original legislative power is possessed by the sovereign power.
b) Derivative legislative power is that which has been delegated by the sovereign people to legislative bodies
and is subordinate to the original power of the people.

Kinds of limits on legislative power.

There are two (2) kinds: Substantive and Procedural.
a) Substantive limits curtail the contents of a law. For example, no law may be passed which impairs freedom
of speech.
b) Procedural limits curtail the manner of passing laws. For example, a bill must generally be approved by the
President before it becomes a law.

B. THE SENATE AND THE HOUSE OF REPRESENTATIVES

SECTION 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.

Composition of the Senate:

The Senate is traditionally the Upper House of the Congress. It is composed of twenty-four (24) senators elected at
large by the people. This provision is patterned after the 1935 constitution which also provided for the 24 senators.
The only difference is that it is staggered under the 1935 Constitution. The first senators elected were, in the manner
provided for by law, divided equally into three groups to serve for the following terms: first group, for six years;
second group, for four years; and the third group, for two years.

C. QUALIFICATIONS, ELECTION, TERM, TENURE AND REMOVAL OF SENATORS AND CONGRESSMEN

SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the election.

Qualifications of the Members of Senate:

1) He must be a natural born citizen of the Philippines. He must be a citizen of the Philippines from birth without
having to perform any act or perfect his Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph (3), section 1 of Article IV shall be deemed natural born citizens. A naturalized
Filipino citizen is disqualified. This provision is a guarantee that members of the Congress are going to uphold
and defend Filipino interests;
2) He must be at least thirty-five years of age on the day of the election. The “election day” is the day of the
casting of votes on voting day. Thus, if he is short of a number of days on election day, he is automatically
disqualified;
3) He must be able to read and write. It is satisfactory that a person can read in reasonably intelligent manner and
can write in fairly legible way. It is not enough that a person can only write his name and post office address;
4) He must be registered voter in the district in which he shall be elected. A person who meets the qualifications
but fails to register is disqualified from becoming a member of the Senate; and
5) He must be a resident of the Philippines for not less than two years immediately preceding the election. One’s
residence is the place where one has his true permanent home and to which, whenever absent, he has the
intention of returning. It is therefore, not necessarily the actual place of residence.

SECTION 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by
law, at noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity of his service for the full term of which he was
elected.

Term of Office of Senators:

It is six (6) years.

It shall commence, unless otherwise provided by law, at noon on the 30th day of June next following their election.
(Sec. 4, par. 1.) The Constitution has similar provisions limiting terms of office with respect to the President and Vice
President (Art. VII, Secs. 3 and 4.), members of the House of Representatives (Sec. 7.), and elective local officials.
(Art. X, Sec. 8.) The hour and date of commencement of the term of office of the President and Vice President
cannot be changed by law.

Maximum terms.
In line with the state policy on equal access to opportunities for public service and against political dynasties (Art.
II, Sec. 26.), a Senator is disqualified to serve for more than two (2) consecutive terms. (Sec. 4, par. 2.) While
theoretically the people are the best judge of whether an official should be reelected or not, the Constitution has
opted to impose term limits to guard against the weakness in our culture that tends to perpetuate political
dynasties. (Art. II, Sec. 26.) At any rate, a Senator can still run for reelection after a break or interval. There is no limit
as to the number of years one can serve as Senator. What is prohibited is to serve for more than two (2) successive
terms. But voluntary renunciation of the office by a Senator for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.

SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members,
unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces,
cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the
basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including
those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided
by law, except the religious sector.

Composition of the House of Representatives:

The House of Representatives. It is the lower chamber of the Congress of the Philippines. The House, often informally
called “Congress,” is composed of not more than 250 members popularly known as “Congressmen.” They are
elected from legislative or congressional districts and through a party-list system.
The party-list or sectoral representatives are filled by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the
religious sector. Unless otherwise provided by law, the regular election of the members of the House of
Representatives shall be held on the second Monday of May.

SECTION 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except
the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof
for a period of not less than one year immediately preceding the day of the election.

Qualifications of Members of House of Representatives:

The qualifications for the members of the House of Representatives are almost the same as the Senate except the
age requirement which is 25 at the time of the election day, a registered voter in the district in which he shall be
elected, and resident of the district for not less than one year immediately preceding the day of election.

1) He must be a natural born citizen of the Philippines.

 2) He must be at least twenty-five years of age on the day of the election.
3) He must be able to read and write.
4) He must be a registered voter in the district in which he shall be elected
5) He must be resident of the district for not less than one year immediately preceding the day of election.

Classification of the members of the House of Representatives:

1) District representatives, each representing one congressional district;
2) Party-List representatives, elected through the “party-list system;” and
3) Sectoral representatives, but these will exist only for three consecutive terms after the ratification of this
Constitution. (They disappeared in 1998.)

SECTION 7. The Members of the House of Representatives shall be elected for a term of three years which shall
begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No
Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation
of the office for any length of time shall not be considered as an interruption in the continuity of his service for the
full term for which he was elected.

Term of Office of the Members of House of Representatives:

It is three (3) years, to begin also, unless otherwise provided by law, at noon on the 30th day of June next following
their election. (Sec. 7, par. 1.)

The House of Representatives is intended to be close to the people. The shorter term of three (3) years is expected
to make the representatives more responsive and sensitive to the needs of their constituents. It is also consistent
with the constitutional policy of accountability. (Art. XI, Sec. 1.) *If the people had made a mistake in their choice
of the incumbent congressman, they would not have to wait a long time for the opportunity to correct the mistake
by withholding a new mandate.

SECTION 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of
Representatives shall be held on the second Monday of May.

SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called
to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives
thus elected shall serve only for the unexpired term.

Election of the Senators and Members of the House of Representatives:

Kinds of election for members of Congress. – There are two (2) kinds of elections for members of Congress, namely:
(1) Regular election – it shall be held on the second Monday of May. Congress may, by law, provide otherwise.
(Sec. 8.) If the election is held beyond the term of office, the members of Congress cannot hold over. The purpose
of a regular election is to give the people an opportunity to renew or withhold their mandate on elected officials;
and
(2) Special election – it may be called in case a vacancy arises in the Senate or House of Representatives to fill
such vacancy in the manner prescribed by law. The Senate or Representative elected shall serve only for the
unexpired term. (Sec. 9.) The authority to call a special election may be given by law to the Commission on
Elections. The holding of a special election is not mandatory by the Constitution.

SECTION 11. 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. 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.

PARLIAMENTARY IMMUNITY:

Freedom from arrest of members of Congress.

The privilege from arrest of the members of Congress can be enjoyed under the following circumstances:

(1) When the Congress is in session, whether regular or special and whether or not the legislator is actually attending
a session. If the Congress is not in session, this privilege cannot be invoked. Since the purpose of the privilege is to
protect the legislator against harassment which will keep him away from legislative sessions, there is no point in
extending the privilege to the period when the Congress is not in session;

(2) When the member of Congress is actually attending a session or he is going to or returning from the same;
(3) When the offense charged is punishable by not more than six months, even if the member attends the session,
the privilege from arrest cannot be availed of. Members of the Congress cannot be immunized from arrest in case
of serious offense.

Meaning of parliamentary privileged of speech.

“No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress
or any committee thereof.” (Sec. 11, second sentence.)

Scope of the privilege.

In the first place, the privilege is a protection only against forums other than the Congress itself. It does not protect
the assemblyman against the disciplinary authority of the Congress but it is an absolute protection against suits for
libel.

In the second place, “speech or debate” includes utterances made in the performance of official functions, such
as speeches delivered, statements made, votes cast, as well as bills introduced and other acts done in the
performance of official duties.

WEEK 8: ARTICLE VI LEGISLATIVE DEPARTMENT

TOPICS FOR DISCUSSION (PART 2)

D. POWERS AND FUNCTIONS OF CONGRESS AND THE SEPARATE HOUSES

OTHER POWERS AND FUNCTIONS OF CONGRESS.

• To act as a canvassing body for the Presidential and Vice-Presidential elections and proclaim the persons
duly elected. (Sec. 4[4], Art. VII)

…The returns of every election for President and Vice-President, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open
all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in the manner provided by law,
canvass the votes.

• 2) To concur to amnesty granted by the President (Sec. 19[2], Art. VII)

…He (President) shall also have the power to grant amnesty with the concurrence of a majority of all the Members
of the Congress.

• 3) The Senate shall concur to treaties or international agreements entered into by the President. (Sec. 21,
Art. VII)

No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the
Members of the Senate.

• 4) The House of Representatives shall initiate the impeachment process. (Sec. 2, Art. XI)

The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

• 5) The Senate shall try and decide all impeachment cases. (Sec. 3[6], Art. XI).

The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose,
the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the
Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds
of all the Members of the Senate.

THE POWERS OF THE CONGRESS OF THE PHILIPPINES MAY BE CLASSIFIED AS:

General Legislative Powers Implied Powers Inherent Powers Specific Legislative Powers
It consists of the enactment These are powers essential These are the powers These are powers which
of laws intended as a rule of to the effective exercise of which though not the Constitution expressly
conduct to govern the other powers expressly expressly given are and specifically directs to
relation between individuals granted to the assembly. nevertheless perform or execute.
(i.e., civil laws, commercial exercised by the
laws, etc.) or between Congress as they are
individuals and the state necessary for its
Powers enjoyed by the
(i.e., criminal law, political existence, such as:
Congress classifiable under
law, etc.)
this category are:
• to determine the
rules of
• Power to appropriate;
proceedings;
• Power to act as
• to compel
constituent assembly; (The
attendance of
Senate and the House of
absent members to
Representatives must
obtain quorum to
convene and vote on joint
do business;
or separate session to do
• to keep journal of this.
its proceedings;
• Power to impeach; (to
etc.
initiate all cases of
impeachment is the
power of the House of
Representatives;
• To try all cases of
impeachment is the
power of the Senate.)
• Power to confirm
treaties;(Only the Senate is
authorized to use this
power.)
• Power to declare the
existence of war; (The
Senate and the House of
Representatives must
convene in joint session to
do this.)
• Power to concur amnesty;
and
• Power to act as board of
canvasser for
presidential/vice-
presidential votes. (by
creating a joint
congressional committee
to do the canvassing.)
• Power to contempt
• Blending of power
• Delegation of power
• Budgetary power
• Power to taxation
Executive Powers Supervisory Powers Electoral Powers Judicial Powers
Powers of the Congress The Congress of the Considered as Constitutionally, each house
that are executive in Philippines exercises electoral power of the has judicial powers:
nature are: considerable control and Congress of the
supervision over the Philippines are the • To punish its Members for
• Appointment of its administrative branch - e.g.: Congress' power to: disorderly behavior, and,
officers; with the concurrence of
• Affirming treaties; • To decide the creation of • Elect its presiding two-thirds of all its
• Confirming presidential a department/agency/ officer/s and other Members, suspend or
appointees through office; officers of the House; expel a Member
the Commission on • To define powers and • Act as board of • To concur and approve
Appointments; duties of officers; canvassers for the amnesty declared by
• Removal power; etc. • To appropriate funds for canvass of the President of the
governmental presidential/vice- Philippines;
operations; presidential votes; • To initiate, prosecute and
• To prescribe rules and and thereafter decide cases of
procedure to be • Elect the President in impeachment; and
followed; etc. case of any • To decide electoral
electoral tie to the protests of its members
said post. through the respective
Electoral Tribunal.
 Miscellaneous Powers
The other powers of Congress mandated by the Constitution are as follows:
• To authorize the Commission on Audit (COA) to audit funds and property;
• To authorize the President of the Philippines to fix tariff rates, quotas, and dues;
• To authorize the President of the Philippines to formulate rules and regulations in times of emergency;
• To reapportion legislative districts based on established constitutional standards;
• To implement laws on autonomy;
• To establish a national language commission;
• To implement free public secondary education;
• To allow small scale utilization of natural resources;
• To specify the limits of forest lands and national parks;
• To determine the ownership and extent of ancestral domain; and
• To establish independent economic and planning agency.

E. THE COMMISSION ON APPOINTMENTS AND ELECTORAL TRIBUNAL

SECTION 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the
sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system represented therein. The
senior Justice in the Electoral Tribunal shall be its Chairman.

THE ELECTORAL TRIBUNAL

• Function of the Electoral Tribunal:

The sole judge of all contests relating to the election, returns, and qualifications of the members of Congress. –
When there is an election contest, that is, when a defeated candidate challenges the qualification and claims the
seat of a proclaimed winner, the respective Electoral Tribunal of each House is the sole judge, and neither the
Supreme Court nor each House of Congress nor the Commission on Elections can interfere. In the absence of an
election contest, however, the Electoral Tribunals are without jurisdiction. Thus, the power of each House to defer
the oath-taking of members until final determination of election contests filed against them has been retained by
each House. (Angara vs. Electoral Commission, 63 Phil. 139, 1936.)

• Composition of The Electoral Tribunal

Electoral Tribunal in each House. – An Electoral Tribunal is created in each House of Congress.

It is composed of nine (9) members – three (3) Justices of the Supreme Court designated by the Chief Justice and
six (6) members of the Senate or the House of Representatives, as the case may be, chosen on the basis of
proportional representation from the political parties and the parties or organizations registered under the party-list
system represented therein.

• Formation of the Electoral Tribunal

The Electoral Tribunal shall be constituted within 30 days after the Senate and the House of Representatives shall
have been organized with the election of the President and the Speaker. (Sec. 19.)

SECTION 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio
Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the
basis of proportional representation from the political parties and parties or organizations registered under the
party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session days of the Congress from their
submission. The Commission shall rule by a majority vote of all the Members.

THE COMMISSION ON APPOINTMENTS

• Composition of the Commission on Appointments

It is composed of the Senate President as ex officio chairman, twelve Senators and twelve Members of the House
of Representatives elected by each House according to proportional representation of the parties or organizations
registered under the party-list system represented therein. The total composition will thus be twenty-five, but the
Chairman votes only to break a tie.

• Function of the Commission on Appointments.

The Commission on Appointments acts as a legislative check on the appointing authority of the President. For the
effectivity of the appointment of certain key officials enumerated in the Constitution, the consent of the
Commission on Appointments is needed. The power of the Commission on Appointments is to approve or
disapprove appointments submitted to it by the President. It must act on all such appointments, by a majority vote
of all the members, within 30 session days of Congress from their submission.

SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days
after the Senate and the House of Representatives shall have been organized with the election of the President and
the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its
Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

The Electoral Tribunals and the Commission on Appointments shall be constituted within 30 days after the Senate
and the House of Representatives shall have been organized with the election of the President and the Speaker.
The Commission on Appointments shall meet only when the Congress is in regular session.

F. THE LEGISLATIVE PROCESS

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the
title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and
printed copies thereof in its final form have been distributed to its Members three days before its passage, except
when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.
Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the Journal.

Meaning of Bill.

A bill is a draft of the legislative before it becomes a law. It is a proposed law. No bill may be embraced in more
than one subject to be expressed in the title. The subject referred to here is the main subject. As long as the bill
contains only one main subject, the constitutional requirement is met even if the bill covers supplementary details.
It is a draft of a law submitted to the consideration of a legislative body for its adoption. (Bouvier’s Law Dictionary.)

Steps in the passage of a bill.

1. First Reading:
Any member of either House may present a proposed bill (Sec. 24.), signed by him, for First Reading and
reference to the proper committee. The bill is filed with the Office of the Secretary where it is given a
corresponding number and calendared for first reading. During the First Reading, the principal author of
the bill may propose the inclusion of additional authors thereof. The bill is read by its number and title and
the name/names of the author or authors.
2. Referral to appropriate committee
Immediately after the First Reading, the bill is referred to the proper committee or committees for study and
consideration. It may conduct hearings and consultation meetings. It then approves the bill with or without
amendments or recommends substitution or consolidation with similar bills filed. If disapproved in the
committee, the bill dies a natural death unless the House decides otherwise following the submission of the
report.
3. Second Reading:
 If the committee reports the bill favorably, the bill is forwarded to the Committee on Rules so that it can be
calendared for deliberation on Second Reading. At this stage, the bill is read for the second time in its
entirety together with the amendments, if any, proposed by the committee unless the reading is dispensed
with by a majority vote of the House.
4. Debates:
A general debate is then opened after the Second Reading and sponsorship speech of the author of the
bill. Amendments may be proposed by any member of Congress. The insertion of changes or amendments
shall be done in accordance with the rules of either House. The House may either “kill” or pass the bill. A bill
is approved on Second Reading shall be included in the calendar of bills for Third Reading.
5. Printing and distribution:
After approval of the bill on Second Reading, the bill is then ordered printed in its final form or version and
copies of it are distributed among the members of the House three days before its passage except in case
of bills certified by the President (Sec. 26[2].)
6. Third Reading:
At this stage, only the title of the bill is read on the floor: Nominal voting is held. Upon the last reading of a
bill, no amendment thereto is allowed and the vote thereon is taken immediately thereafter, and yeas and
nays entered in the journal. A member may abstain. As a rule, a majority of the members constituting a
quorum is sufficient to pass a bill.
7. Referral to the other House:
If approved, the bill is then referred to the other House where substantially the same procedure takes place.
If the other House approved the bill without changes or amendments, the final version is signed by the
Senate President and the Speaker of the House of Representatives.
8. Submission to joint bicameral committee:
Differences, if any, between the House’s bill and the Senate’s amended version, and vice versa are
submitted to a conference committee of members of both Houses for compromise or to reconcile
conflicting provisions. If either House accepts the changes made by the other, no compromise is necessary.
9. Submission to the President:
A bill approved on Third Reading by both Houses shall be printed and forthwith transmitted to the President
for his action – approval or disapproval that is, he either signs it into law or vetoes and sends it back with his
veto message. If the President does not communicate his veto of any bill to the House where it originated
within 30 days from receipt thereof, it shall become a law as if he signed it. Bills repassed by Congress over
the veto of the President automatically becomes a law. (Sec. 27[1].)

Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If
he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the
House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If,
after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent,
together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-
thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be
determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal.
The President shall communicate his veto of any bill to the House where it originated within thirty days after the date
of receipt thereof, otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill,
but the veto shall not affect the item or items to which he does not object.

When bill may become a law.

A bill passed by Congress may become a law in any of the following ways:
1. When the President approves the bill by signing it;
2. When he vetoes the bill and returns the same with his objections to the House where it originated, and the
same is repassed over his veto by a vote of two-thirds of all the members (not merely two-thirds of all the
members present constituting a quorum) of both Houses; and
3. If the President does not communicate his veto of any bill to the House where it originated within thirty (30)
days after the date of receipt thereof, in which case it shall become a law as if he had signed it. (Sec. 27[1].)

Veto power of the President.

The word veto is the Latin term for “I forbid” or “deny.” It is the power vested in the President to disapprove acts
passed by Congress. The veto message to the House where the bill originated explains his objections to the bill.
(Sec. 27[1].)

Purpose of veto.
Two fundamental reasons have been given to the grant of the veto power to the President, namely:
1. To enable the executive department to protect its integrity as an equal branch of the government and thus
maintain an equilibrium of governmental powers; and
2. To provide a check on hasty, corrupt, or ill-considered legislation.

G. LIMITATIONS TO THE POWERS OF CONGRESS

SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the
use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for
such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the
balance, if any, shall be transferred to the general funds of the Government.

The power of appropriation.

The power to appropriate public funds for the maintenance of the government and other public needs is a vital
government function which is vested in Congress. Section 29 [1] is based upon the principle that the people’s
money be spent only with their consent. That the consent may be expressed either in the Constitution itself or in
valid acts of Congress as the direct representatives of the people. It acts as a legislative check upon the disbursing
power of the President, or the heads of departments and other executive officials. Without the restriction,
government funds would be misused. (V.G. Sinco, Note 10, op. Cit., page 205.) In case a special election for
President and Vice-President is called by Congress, the appropriations for the same shall be charged against any
current appropriations and shall exempt from the requirement of Section 29[1]. (Art. VII Sec. 10.)

Meaning of “appropriation made by law.”

An appropriation is per se nothing more than the authorization by law that money may be paid out of the public
treasury. (Campagna vs. U.S., 26 Ct.) It is the setting part or assigning to a particular use a certain sum of the public
funds. The provision of the Constitution does not speak of an “appropriation made by Congress” but rather “by
law,” a term which vouches both statutes and the Constitution. In case of failure on the part of the Congress to
pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriation bill is
passed by Congress. (Section 25[7].) Such general appropriations for the preceding year fall under “an
appropriation made by law.”

*Expenditure of special fund.

A tax may be imposed for a special public purpose. In such case, the money raised from such tax shall be treated
as a special fund and paid out for such purpose only. It cannot be spent for any other public purpose. If the special
purpose has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the
government. (Sec. 20[3].) The special fund then ceases to exist. (*Textbook on the Philippine Constitution 2011 by
Hector S. De Leon and Hector M. De Leon).

Case analysis. – Are not “pork barrel” provisions in the annual budget a violation of separation of powers in that it
allows members of Congress to perform the executive function of spending money appropriated? The controversy
over the Countrywide Development Fund of 1994, which is deodorized appellation of the traditional “pork barrel,”
was resolved by the Court in a manner which might be described as tongue-in-cheek. The General Appropriation
Act set aside an amount to be used for “infrastructure, purchase of ambulances and computers and other priority
projects and activities, and credit facilities to qualified beneficiaries as proposed and identified by officials
concerned.” The “officials concerned” were Representatives, Senators and the Vice-President who were each
allocated an amount. The law was challenged on the ground that the authority given to the enumerated officials
to propose and identify projects and activities was an encroachment into legislative power. In upholding the
validity of the law, the Court said that Congress itself had specified the uses of the fund and that the power given
to the enumerated officials was merely recommendatory to the President who could approve or disapprove the
recommendation. The Court praised the scheme as “imaginative” and “innovative!” (Philippine Constitution
Association vs. Enriquez, 54 SCAD 561, 235 SCRA 506, 521, 1994.).

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.
The exclusive appellate jurisdiction of the Supreme Court refers to cases of great interest or of serious concern to
individual rights. They are enumerated in Section 5 of Article VII. The only power which the Congress may exercise
with respect to this jurisdiction as thus provided is to determine whether the elevation of cases from the lower courts
should be done through appeal or certiorari matters of procedure which may also be determined by the rules of
the court itself.

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

*Reason for prohibiting the State from granting titles of royalty or nobility.

The Federalist (No. 84), speaking of the importance of the prohibition against titles of nobility in the Federal
Constitution, says: “This may truly be denominated the cornerstone of republican government; for so long as they
are excluded there can never be serious danger that the government will be any other than that of the people.”
This provision was in the Bill of Rights of both the 1935 and 1973 Constitutions. (*The 1987 Philippine Constitution, A
Reviewer-Primer, Fourth Edition by Fr. Joaquin G. Bernas, S.J.).

“Nobility” or “Royalty” refers to an order of men, in several countries, to whom special privileges are granted. In
English law, this refers to a “division of the people, comprehending dukes, marquises, earls, viscounts, and barons.”
They had ancient duties annexed to their respective honors. The prohibition against the enactment of law granting
a title of royalty or nobility is intended primarily to keep and maintain equality among citizenry. While perfect
equality among people of a nation, especially a democratic country, cannot be attained, the lawmaking body
should not become a tool towards creating a mode of fostering inequality. The law treats all as “equals” whether
in the grant of opportunities or the imposition of duties.

WEEK 9: LESSON 7 ARTICLE VII EXECUTIVE DEPARTMENT

TOPICS FOR DISCUSSION (PART 1)

A. MEANING OF EXECUTIVE POWER

ARTICLE VII - EXECUTIVE DEPARTMENT

SECTION 1. The executive power shall be vested in the President of the Philippines.

President, the Executive.

Following the 1935 Charter, Section 1 vests the executive power in one person alone – the President of the
Philippines. It is therefore, accurate to refer to him as the Executive, not merely Chief Executive. The President in a
presidential system of government is, however, referred to also as the Chief Executive. Under both the 1935 and
the present Constitution, the President is both the Head of State and the Head of the Government. Unlike the Prime
Minister under the 1973 Constitution (as amended), the President is not a legislative leader with membership in
Congress. He is purely an executive. We have 16 Presidents from 1898 up to the present.

MEANING OF EXECUTIVE POWER.

Executive power has been defined as the power to administer the laws, which means carrying them into practical
operation and enforcing their due observance. (Cooley, Const. Limitations, 8th ed., page 183.) The “laws” include
the Constitution, statutes enacted by Congress, decrees (issued under the 1973 Constitution), and executive orders
of the President, and decisions of courts.

B. THE PRESIDENT AND THE VICE PRESIDENT (QUALIFICATIONS, ELECTION, TERM & TENURE)

SECTION 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines
for at least ten years immediately preceding such election.

QUALIFICATIONS OF THE PRESIDENT.

1) natural-born citizen of the Philippines

2) He is a registered voter
3) He is able to read and write
4) He is at least forty (40) years of age on the day of the election (not proclamation or assumption of office)
5) He is a resident of the Philippines for at least ten (10) years immediately preceding such election.

SECTION 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected
with, and in the same manner, as the President. He may be removed from office in the same manner as the
President.
The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

Qualifications of the Vice-President.

The Vice-President shall have the same qualifications and term of office as the President and may be removed
from office on impeachment as in the case of the President. (Art. XI, Sec. 2.) His only constitutional function is to be
on hand to act as President when needed or to succeed to the presidency in case of a permanent vacancy in
the office. The President may also appoint him as a Member of the Cabinet. Such appointment does not need the
consent of the Commission on Appointments.
His only constitutional function is to be on hand to act as President when needed or to succeed to presidency in
case of a permanent vacancy in the office of the president. The President may also appoint him as a Member of
the Cabinet. Such appointment does not need the consent of the Commission on Appointments.

SECTION 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years
which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon
of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has
succeeded as President and has served as such for more than four years shall be qualified for election to the same
office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the continuity of the service for the full term for which he was
elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second
Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open
all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in the manner provided by law,
canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an
equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the
Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

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.

ELECTION OF THE PRESIDENT AND THE VICE-PRESIDENT.

(1) System of direct voting – the Constitution retains the system of direct popular election of the President despite
criticism for abetting massive vote-buying and other undesirable practices.

(2) Election by Congress in case of a tie – in case of a tie, however, the President shall be chosen for the term fixed
in the Constitution by a vote of a majority of all the members of Congress in session assembled.

TERM OF OFFICE OF THE PRESIDENT AND VICE-PRESIDENT.

The President and Vice-President enjoy security of tenure. Their term of office is six (6) years “which shall begin at
noon on the 30th day of June following the day of the election and end at noon of the same date six (6) years
thereafter.” (par. 1.) The President-elect and Vice-President shall assume their office at the beginning of their terms.
(Sec. 7, par. 1.)

RE-ELECTION OF PRESIDENT AND VICE PRESIDENT.

• A person who has held office of President is absolutely disqualified for any reelection. (Art. II, Sec. 26).
• In the case of the Vice-President, he cannot serve for more than two (2) successive terms (Sec. 4, par. 2.) but
he is still eligible for election as President.

Reasons for the prohibition against re-election of President.

1) A President seeking a second term is vulnerable to constant political pressures from those whose support he
must preserve and has to devote his time and energy to consolidate this political support. In the context of
Philippine experience, every President elected to the Office has used the first term to work for re-election
2) A President who seeks a second term is under a terrific handicap in the performance of his functions. The result
has been that political motivation is attributed to practically every act he performs; moreover, the danger of
alienating much needed votes may be an obstacle to the proper and impartial performance of his duties
3) A President seeking re-election will even use public funds for the purpose even to the extent of making the
government bankrupt because no incumbent President would like to go down from power as a leader
repudiated by his people
4) The prohibition also widens the base of leadership. In theory, no man is indispensable in a democracy and any
person, no matter how good he is, may be replaced by others equally good
5) The ban will also put an end or at least hamper the establishment of political dynasties
6) The six-year term will give the President a reasonable time within which to implement his plans and programs of
government. He can concentrate on being President free from the demands of partisan politics
7) The criticism against a six-year term without re-election that six (6) years are too long for a bad President but
too short for a good one and that the people will suffer most from a lame duck. (Art. XI, Sec. 2.) A term, no
matter how long, is short for a good President.

C. REMOVAL OF PRESIDENT AND VICE PRESIDENT

ARTICLE XI, SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust. All other public officers and employees may be removed from office as provided by law,
but not by impeachment.

Concept of Impeachment.
Impeachment is a mode of terminating official relation, the main object of which is to serve as an effective restraint
which the legislature may interpose in the abuse of the executive and judicial authorities. It is a method of national
inquest into the conduct of public men.

Purpose of Impeachment.
Its purpose is to protect the people from official delinquencies or malfeasances. It is, therefore, primarily intended
for the protection of the State, not for the punishment of the offender. The penalties attached to impeachment
are merely incidental to the primary intention of protecting the people as a body politic.

Officials removable by impeachment.

1. The President
2. The Vice-President
3. The members of the Supreme Court
4. The members of the Constitutional Commissions
5. The Ombudsman.

Grounds for impeachment.

1) Culpable violation of the Constitution – refers to a willful and intentional breach of the Constitution. Hence, not
every violation of the Constitution constitutes an impeachable offense. Violation of the Constitution committed
unintentionally or involuntarily either in good faith or through an honest mistake of judgment is not a ground for
impeachment (Report of Special Committee, House of Representatives on the Impeachment of president
Quirino)
2) Treason – is a crime committed by any person who, owing allegiance to the Philippines, not being a foreigner,
levies war against the Philippines or adheres to her enemies, giving them aid and comfort within the Philippines
or elsewhere (Article 114, Revised Penal Code)
3) Bribery
(a) Direct bribery, the offense committed by any public officer who shall agree to perform an act constituting
a crime, in connection with the performance of his official duties, in consideration of any promise or gift
received by such officer. It may likewise be committed by any public officer who shall accept such gift in
consideration of the non-performance of an official duty or the execution of an act which does not constitute
a crime (Article 210, Revised Penal Code)
(b) Indirect bribery, the offense committed by any public officer who shall accept gifts offered to him by reason
of his office (Article 211, Revised Penal Code)
4) Graft and corruption – the phrase cover all graft and corrupt practices. It was not included as ground for
impeachment under the 1935 Constitution. Its inclusion may be attributed to the awareness of the 1971
Constitutional Convention of the widespread graft and corruption in the government at the time
5) Other high crimes – the phrase refers to those crimes which, like treason and bribery, are of so serious and
enormous a nature as to affect the very life or orderly workings of the government. For impeachment purpose,
“no act may be regarded as a high crime” unless there is a law forbidding and publishing it.
6) Betrayal of public trust – this is a new ground for impeachment. It will cover any violation of the oath of office
involving loss of popular support even if the violation may not amount to criminal offense. Its inclusion is more
of a reaction to past experience than an exercise in logic.

D. THE EXECUTIVE POWERS

POWERS OF THE PRESIDENT

Besides the constitution, the powers of the President of the Philippines are specifically outlined in Executive Order
No. 292, s. 1987, otherwise known as the Administrative Code of 1987.
1. Power of control over the executive branch

SECTION 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.
The President of the Philippines has the mandate of control over all the executive departments, bureaus, and
offices. This includes restructuring, reconfiguring, and appointments of their respective officials. The Administrative
Code also provides for the President to be responsible for the abovementioned offices’ strict implementation of
laws.

2. Ordinance power
The President of the Philippines has the power to give executive issuances, which are means to streamline the policy
and programs of an administration. There are six issuances that the President may issue. They are the following as
defined in the Administrative Code of 1987:
a. Executive orders — Acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall be promulgated in executive orders.
b. Administrative orders — Acts of the President which relate to particular aspects of governmental operations
in pursuance of his duties as the administrative head shall be promulgated in administrative orders.
c. Proclamations — Acts of the President fixing a date or declaring a status or condition of public moment or
interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall
be promulgated in proclamations which shall have the force of an executive order.
d. Memorandum orders — Acts of the President on matters of administrative detail, or of subordinate or
temporary interest which only concern a particular officer or government office shall be embodied in
memorandum orders.
e. Memorandum circulars — Acts of the President on matters relating to internal administration, which the
President desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices
of the government, for information or compliance, shall be embodied in memorandum circulars.
f. General or special orders — Acts and commands of the President in his capacity as commander-in-chief
of the Armed Forces of the Philippines shall be issued as general or special orders.

It is important to note that during the term of President Ferdinand E. Marcos, he used executive issuances known as
presidential decrees as a form of legislation. These decrees have the full force and effect of laws because at the
time the legislature did not exist and, when the 1973 Constitution was put into full force and effect, it gave the
power to the President to do as such. This continued until the first year of President Corazon C. Aquino’s term.
However, President Aquino opted to used executive orders instead of presidential decrees. President Aquino’s
executive orders, however, still had the full force and effect of laws until the ratification of the 1987 Constitution.

3. Power over aliens

The President of the Philippines has certain powers over non-Filipinos in the Philippines. The powers he may exercise
over foreigners in the country are as follows:
a. The chief executive may have an alien in the Philippines deported from the country after due process.
b. The President may change the status of a foreigner, as prescribed by law, from a non-immigrant status to a
permanent resident status without necessity of visa.
c. The President may choose to overrule the Board of Commissioners of the Bureau of Immigration before their
decision becomes final and executory (after 30 days of the issuance of the decision). The Board of
Commissioners of the Bureau of Immigration has jurisdiction over all deportation cases.
d. The president is also mandated by the Administrative Code of 1987 to exercise powers as recognized by
the generally accepted principles of international law.

4. Powers of eminent domain, escheat, land reservation and recovery of ill-gotten wealth
The President of the Philippines has the authority to exercise the power of eminent domain. The power of eminent
domains means the state has the power to seize or authorize the seizure of private property for public use with just
compensation. There are two constitutional provisions, however, that limit the exercise of such power: Article III,
Section 9 (1) of the Constitution provides that no person shall be deprived of his/her life, liberty, or property without
due process of law. Furthermore, Article III, Section 9 (2), provides that private property shall not be taken for public
use without just compensation.
Once the aforementioned conditions are met, the President may exercise the power of eminent domain which are
as follows:
1) Power of eminent domain — The President shall determine when it is necessary or advantageous to exercise
the power of eminent domain in behalf of the national government, and direct the solicitor general,
whenever he deems the action advisable, to institute expropriation proceedings in the proper court.
2) Power to direct escheat or reversion proceedings — The President shall direct the solicitor general to institute
escheat or reversion proceedings over all lands transferred or assigned to persons disqualified under the
constitution to acquire land.
3) Power to reserve lands of the public and private domain of the government:
(1) The president shall have the power to reserve for settlement or public use, and for specific public
purposes, any of the lands of the public domain, the use of which is not otherwise directed by law. The
reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise provided
by law or proclamation.

(2) He shall also have the power to reserve from sale or other disposition and for specific public uses or
purposes, any land belonging to the private domain of the government, or any of the friar lands, the use of
which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified by
such proclamation until otherwise provided by law.

4) Power over ill-gotten wealth — The President shall direct the solicitor general to institute proceedings to
recover properties unlawfully acquired by public officials or employees, from them or from their nominees
or transferees.
Within the period fixed in, or any extension thereof authorized by, the constitution, the President shall
have the authority to recover ill-gotten properties amassed by the leaders and supporters of the previous
regime, and protect the interest of the people through orders of sequestration or freezing of assets or
accounts.

5. Power of appointment
The President may appoint officials of the Philippine government as provided by the constitution and laws of the
Philippines. Some of these appointments, however, may need the approval of the Committee on Appointments (a
committee composed of members from the House of Representatives and the Senate of the Philippines).

6. Power of general supervision over local governments

The President of the Philippines, as chief executive, has the mandate to supervise local governments in the
Philippines, despite their autonomous status as provided by Republic Act No. 7160 otherwise known as the Local
Government Code of 1991.

NOTE: Traditionally, this is done by the Department of the Interior and Local Government, headed by a cabinet
secretary—an alter ego of the President.

7. Other powers
Aside from the aforementioned powers of the President of the Philippines, he can also exercise powers enumerated
in the constitution, and powers given to him by law. (Continued for Next Week)
WEEK 10: LESSON VII_ ARTICLE VII EXECUTIVE DEPARTMENT

TOPICS FOR DISCUSSION (PART 2)

E. THE VARIOUS POWERS OF THE PRESIDENT

EXECUTIVE ORDER NO. 292

INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"
POWERS OF THE PRESIDENT
CHAPTER 7
OTHER POWERS
SECTION 19. Powers Under the Constitution. - The President shall exercise such other powers as are provided for in
the Constitution.

SECTION 20. Residual Powers. - Unless Congress provides otherwise, the President shall exercise such other powers
and functions vested in the President which are provided for under the laws and which are not specifically
enumerated above, or which are not delegated by the President in accordance with law.

1. Military Power
SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines
and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a
period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or
any part thereof under martial law…

Military powers given to the President by the Constitution.

The President, as Commander-in-Chief, is authorized by Section 18 under specified conditions:
a. to call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion,
b. to suspend the privilege of the writ of habeas corpus, and
c. to place the Philippines or any part thereof under martial law.

2. Pardoning Power
SECTION 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may
grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the
Congress.

Section 19 gives to the President the power of executive clemency is a tacit admission that human institutions
are imperfect and that there are infirmities in the administration of justice. The power therefore exists as an
instrument for correcting these infirmities and for mitigating whatever harshness might be generated by a too
strict application of the law.

Forms of executive clemency.

a. Reprieve - postpones the execution of an offense to a day certain
b. Commutation - is a remission of a part of the punishment; a substitution of a less penalty for the one
originally imposed
c. Pardon - is an act of grace, proceeding from the power entrusted with the execution of the laws, which
exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has
committed.

Types of pardon.
a) Absolute pardon is complete even without acceptance
b) Conditional pardon has no force until accepted by the condemned
d. Remission of Fines and Forfeitures - merely prevents the collection of fines or the confiscation of forfeited
property
e. Amnesty - is a public act of which the courts should take judicial notice.

Differences between pardon and amnesty.

a. Pardon is granted by the Chief Executive and as such it is a private act which must be pleaded and
proved by the person pardoned, because the courts take no notice thereof; while amnesty by
Proclamation of the Chief Executive with the concurrence of Congress, is a public act of which the
courts should take judicial notice.
b. Pardon is granted to one after conviction; while amnesty is granted to classes of persons or communities
who may be guilty of political offense, generally before or after the institution of the criminal prosecution
and sometimes after conviction.
c. Pardon looks forward and relieves the offender from the consequences of an offense of which he has
been convicted, that is, it abolishes or forgives the punishment, and for that reason it does “nor work
restoration of the rights to hold public office, or the right of suffrage, unless such rights be expressly
restored by the terms of the pardon,” and it “in no case exempt the culprit from the payment of the civil
 indemnity imposed upon him by the sentence” (Article 36, Revised Penal Code). While amnesty looks
backward and abolishes and puts into oblivion the offense itself, it so overlooks and obliterates the
offense with which is charged that the person released by amnesty stands before the law precisely as
though he had committed no offense.

3. Borrowing Power
SECTION 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines
with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law…
• May the President contract or guarantee foreign loans? Yes, but only with the “prior concurrence of the
Monetary Board, and subject to such limitations as may be provided by law.”
• What is the responsibility for approving foreign loans and for guaranteeing loans given to the Monetary
Board? Because it has expertise and consistency to perform the mandate and since such expertise or
consistency may be absent among the Members of Congress.
• Why is the Monetary Board required to give a report of action taken on loans and guarantees? In order
to allow Congress to act on whatever legislation may be needed to protect public interest.

4. Diplomatic Power
SECTION 21. No treaty or international agreement shall be valid and effective unless concurred in by at l

The President’s role in entering into international agreement.

The President negotiates treaties and international agreements. In the negotiation phase of treaty-making, the
executive may completely exclude Congress. However, the fruit of the executive’s negotiation does not become
binding treaty without the concurrence of “at least two-thirds of all the Members of the Senate.” While treaties are
required to e ratified by the Senate under the Constitution, less formal types of international agreement may be
entered into by the Chief Executive and become binding without the concurrence of the legislative body of at
east two-thirds of all the Members of the Senate.

5. Budgetary Power

SECTION 22. The President shall submit to the Congress, within thirty days from the opening of every regular session
as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts
from existing and proposed revenue measures.

The budget of receipts and expenditures prepared by the President will be the basis for the general appropriations
bill passed by the Congress. The phrase “sources of financing” implies that financing can come from sources other
than revenue measures.

6. Informing Power

SECTION 23. The President shall address the Congress at the opening of its regular session. He may also appear
before it at any other time.

Prerogative to address and appear before Congress. – This provision furnishes an opportunity on the part of the
President at the opening of the regular session of Congress (Art. VI, Sec. 15.) to give information on the “state of the
nation” (SONA) and to recommend to the consideration of the legislative body such measures as he may deem
necessary and proper. Such measures are, of course, merely proposals.

F. LIMITATIONS OF PRESIDENTIAL POWERS

SECTION 6. … No increase in said compensation shall take effect until after the expiration of the term of the
incumbent during which such increase was approved. They shall not receive during their tenure any other
emolument from the Government or any other source.

SECTION 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall
not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be
financially interested in any 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. They shall strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during
his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.

Prohibitions or Limitations on the Powers of the President

1. No salary increases during the term

2. Shall not receive emoluments
An emolument is compensation, based on time and length of activity, for employment, services, or holding
office and is generally used in a legal context.
Emolument is derived from the Latin term "emolumentum," which could mean either effort or labor, or benefit,
gain, or profit. Examples: Bonus, perks, commissions, fees, and the like.
3. Shall not hold any other office
4. Shall not hold, directly or indirectly, practice any other profession, business or be financially interested in any
other contract with franchises of the government
5. Avoid conflict of interest in the conduct of his office
6. May not appoint spouse or relatives by consanguinity or affinity within fourth civil degree

G. CHECKS AND BALANCE: PRESIDENT AND CONGRESS

Checks and Balances

The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an
important decision because it gave specific powers to each branch and set up something called checks and
balances. Just like the phrase sounds, the point of checks and balances was to make sure no one branch would
be able to control too much power, and it created a separation of powers. Here are some examples of how the
different branches work together:

• The legislative branch makes laws, but the President in the executive branch can veto those laws with a
Presidential Veto.
• The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
• The President in the executive branch can veto a law, but the legislative branch can override that veto
with enough votes.
• The legislative branch has the power to approve Presidential nominations, control the budget, and can
impeach the President and remove him or her from office.

LESSON VIII: THE JUDICIAL DEPARTMENT (ART. 8, 1987 PHILIPPINE CONSTITUTION)

A. MEANING OF JUDICIAL POWER

SECTION 1. 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.

Meaning of Judicial power. – Judicial power is “the right to determine actual controversies arising between adverse
litigants, duly instituted in courts of proper jurisdiction.” It is “the authority to settle justiciable controversies or disputes
involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for
violation of such rights.”

Meaning of judicial power according to the constitution. – Section 1 says: “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.”

Meaning of “abuse of discretion” referred to in Section 1. It must be “grave abuse of discretion amounting to lack
or excess of jurisdiction.” As Simon vs. Civil Service Commission, 215 SCRA 410, 416-417, 1992, put it: “By grave abuse
of discretion is meant such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction.
The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to
perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an
arbitrary and despotic manner by reason of passion or hostility.”

B. THE SUPREME COURT

The Supreme Court is the highest court in the Philippines. The Supreme Court was established by the Second
Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real
Audiencia de Manila, the predecessor of the Supreme Court.

COMPOSITION OF SUPREME COURT.

SECTION 4. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en
banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.

The Supreme Court of the Philippines has fifteen (15) members headed by a Chief Justice with 14 Associate Justices.

CHIEF JUSTICE: DIOSDADO M. PERALTA

ASSOCIATE JUSTICES:

Justice Estela M. Perlas-Bernabe

Justice Marvic M.V.F. Leonen
Justice Alfredo Benjamin S. Caguioa
Justice Alexander G. Gesmundo
Justice Ramon Paul L. Hernando
Justice Rosmari D. Carandang
Justice Amy C. Lazaro-Javier
Justice Henri Jean Paul B. Inting
Justice Rodil V. Zalameda
Justice Mario V. Lopez
Justice Edgardo L. Delos Santos
Justice Samuel H. Gaerlan
Justice Ricardo R. Rosario
SITTING PROCEDURE.

SECTION 4[2] It may sit en banc (as one group) or in division. A new provision is inserted to the effect that any
vacancy should be filled up within 90 days from the date of vacancy. This prevents the occurrence of similar
situations in the past wherein vacancies existed for quite sometimes before the same is filled up.

(1) En banc or in divisions – the Supreme court may sit and hear cases en banc or in divisions of three (3), five (5),
or seven (7) members. (Section 4[1].) It is now the Supreme Court that decides whether or not it will sit in divisions.
The quorum of the Supreme Court when sitting en banc is eight (8). Hence, the votes of five (5) are sufficient for
rendering a decision on all cases required to be heard en banc provided they actually took part in the deliberations
on the issues in the case.

(2) Number of divisions – on the basis of fifteen (15) members, the number of divisions will be five (5), composed of
the three (3) members; three (3), composed of five (5) members each; or two (2), meeting separately. In case of
two (2) divisions, one division, and seven (7) in the other. The difference sizes of the divisions would indicate the
relative importance of the case being heard.

(3) Decisions of division/s – by sitting in divisions, the Supreme Court increases its capacity to dispose of cases
pending before it. The decision of a division is the decision of the Supreme Court itself. Although a doctrine or
principle of law rendered en banc or in division may be modified or reversed only by the court sitting en banc
(Section 4[3].), there is always the possibility that each of the three (3) divisions may render inconsistent decisions.

POWERS OF THE SUPREME COURT:

A. Judicial Power and Jurisdiction

Under Article VIII, Section 1, the judicial power shall be vested in one Supreme Court and in such lower courts as
may be provided by law. This power includes the duty to settle actual controversies involving rights that are legally
demandable and enforceable and to determine if any branch or instrumentality of government has acted with
grave abuse of discretion amounting to lack of excess of jurisdiction.

The Supreme Court has both original and appellate jurisdiction. It exercises original jurisdiction (cases are directly
filed with the SC in the first instance without passing through any of the lower courts) over cases affecting
ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus. (Art. VIII, Section 5(1)). It also has original jurisdiction over writs of amparo, habeas
data and the environmental writ of kalikasan.

Rule-making Powers

The Supreme Court has the exclusive power to promulgate rules concerning
a. the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts,
b. the admission to the practice of law, the integrated bar, and
c. legal assistance to the underprivileged.

Any 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 quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court. (Art. VIII, Section 54(5))

SECTION 5. 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.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
 (e) All cases in which only an error or question of law is involved.
(3) Assign temporarily 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.

(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 under-
privileged. 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 quasi-judicial 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.

Meanings of Certiorari, Prohibition, Mandamus, Quo Warranto and Habeas Corpus:

a. Certiorari is a writ or order issued by a superior court to an inferior tribunal or an officer exercising judicial
function in order to correct the act or acts of the latter when same are done without or in excess of
jurisdiction or with grave abuse of discretion and that the aggrieved party has no other plain, speedy and
adequate remedy
b. Prohibition is also a judicial order the purpose of which is to prevent the carrying out or commission of an
act by an inferior tribunal or person exercising judicial or non-judicial functions.
c. Mandamus is likewise a judicial order similar to the foregoing but the purpose is to compel the performance
of an act by an inferior tribunal or person.
d. Quo warranto proceeding is one brought in the name of the Republic of the Philippines when there is
usurpation of public office or franchise and the usurper or holder of such public office or franchise is not
legally entitled thereto. (Rule 65, Rules of Court.)
e. A Habeas corpus petition is available to a person who is unlawfully deprived of his freedom and results in
such person being brought up to court by the detention officer in order that the legality and illegality of the
detention shall be determined.
The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is
violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private
individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof.

Because of the nature and importance of the cases enumerated under the paragraph 2 of Section 5, no less than
the Supreme Court itself, as the highest tribunal, is vested with the power of judicial review over the same.

With respect to the rule-making power of the Supreme Court certain limitations are provided by the Constitution,
namely: (1) the rules shall provide for a simplified and inexpensive procedure for speedy disposition of cases; (2)
such rules shall be uniform for all courts of the same grade; and (3) same rules shall not be diminished, increase or
modify substantive rights, i.e., rights granted by the Constitution and/or statutes.

C. THE LOWER COURTS

The Court of Appeals

The Court of Appeals was established on February 1, 1936 by virtue of Commonwealth Act No. 3 and is considered
as the second highest tribunal in the country. It is composed of one presiding justice and 68 associate justices, all
of which are appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate
justices shall have precedence according to the dates (or order, in case of similar appointment dates) of their
respective appointments. The qualifications for the justices of the Supreme Court also apply to members of the
Court of Appeals.

The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases not falling within the
original and exclusive jurisdiction of the Supreme Court. Its decisions are final except when appealed to the
Supreme Court on questions of law. The jurisdiction of the Court of Appeals are as follows:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and
auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts
and quasi-judicial agencies, instrumentalities, boards or commission.
The Court of Appeals shall also have the power to try cases and conduct hearings, receive evidence and perform
acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including
the power to grant and conduct new trials or proceedings.

The Sandiganbayan

Both the 1973 and 1987 Constitution contain provisions on the present anti-graft court known as the
Sandiganbayan. It has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other
offenses committed by public officers and employees, including those in government-owned or controlled
corporations, in relation to their office as may be determined by law.

The jurisdiction of the Sandiganbayan is perhaps one of the most often amended provision from the 1973
Constitution to Republic Act (R.A.) No. 8249. Before R.A. No. 8249, jurisdiction of the Sandiganbayan was
determined on the basis of the penalty imposable on the offense charged. Thereafter, it was amended such that
regardless of the penalty, so long as the offense charged was committed by a public officer, the Sandiganbayan
was vested with jurisdiction. Under R.A. No. 8249, to determine whether the Sandiganbayan has jurisdiction, a
person must look into two (2) criteria, namely, the nature of the offense and the salary grade of the public official.

The Court of Tax Appeals

The Court of Tax Appeals (CTA) was created on June 16, 1954, through the enactment of Republic Act No. 1125
(R.A. 1125). Its jurisdiction and composition have been increased with passage of several legislations. With the
enactment of Republic Act (R.A.) No. 9282 on April 23, 2004, the CTA became an appellate Court, equal in rank to
the Court of Appeals. The composition of the Court increased to six (6) Justices with one (1) Presiding Justice and
five (5) Associate Justices.

R.A. No. 9503 took effect on July 5, 2008, which further enlarged the organizational structure of the CTA. The CTA is
now composed of one (1) Presiding Justice and eight (8) Associate Justices. The CTA may sit en banc or in three
(3) divisions with each division consisting of three (3) Justices. A decision of a division of the CTA may be appealed
to the CTA En Banc, and the latter's decision may further be appealed by verified petition for certiorari to the
Supreme Court.

The Second Level Courts

Regional Trial Courts are also known as Second Level Courts, which were established among the thirteen Judicial
regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many
Regional Trial Courts in each region as the law mandates.

RTCs were formerly called as the Court of First Instance since the Spanish era. It was only in the Judiciary
Reorganization Act of 1980 that its name was changed from being called the Court of First Instance to Regional
Trial Court.

The First Level Courts

Each city and municipality in the Philippines has its own trial court. These First Level Courts are more commonly
referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC),
and Municipal Circuit Trial Courts (MCTC).

The Shari'a District & Circuit Courts

The Shari'a District Courts are equivalent to the Regional Trial Courts in rank, which were established in certain
provinces in Mindanao where the Muslim Code on Personal Laws is being enforced.

WEEK 11: ARTICLE 8 THE JUDICIAL DEPARTMENT (PART 2)

TOPOCS FOR DISCUSSION

D. QUALIFICATIONS, TENURE AND REMOVAL OF THE CHIEF JUSTICE, JUSTICES AND JUDGES OF THE JUDICIARY

SECTION 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he
is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and
must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the
Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge
thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Qualifications of a Member of the Supreme Court.

He or she:

1. must be a natural-born citizen of the Philippines

2. must be at least forty years of age
3. must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the
Philippines; and
4. a person of proven integrity, probity and independence.

Qualifications of a member of a lower collegiate court.

He or she must be:

1. a natural-born citizen of the Philippines

2. a member of the Philippine Bar
3. possessing the other qualifications prescribed by Congress; and
4. must be a person of proven competence, integrity, probity and independence.

Qualifications of Judges of non-collegiate lower courts.

They must be:

1. citizens of the Philippines

2. members of the Philippine Bar
3. possessing the other qualifications prescribed by Congress; and
4. persons of proven competence, integrity, probity and independence.

E. THE JUDICIAL AND BAR COUNCIL

SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed
of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex
officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court,
and a representative of the private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent
of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall
serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of
the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its
proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme
Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) 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.

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from
a list of at least three nominees preferred by the Judicial and Bar Council for every vacancy. Such appointments
need no confirmation.

For the lower courts, the President shall issue the appointment within ninety days from the submission of the list.

Principal function of the Judicial and Bar Council.

“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.”

Composition of the Judicial and Bar Council.

“The Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the:
 • Chief Justice as ex officio Chairman
• the Secretary of Justice
• and a representative of the Congress as ex officio Members
• a representative of the Integrated Bar
• a professor of law
• a retired Member of the Supreme Court
• a representative of the private sector.”

Appointment of the regular members of the Council.

They are appointed by the President with the consent of the Commission on Appointments.

The rationale behind the creation of the Judicial and Bar Council.

The Council was principally designed to eliminate politics from the appointment of judges and justices. Thus,
appointments to the Judiciary do not have to go through a political Commission on Appointments.

Manner of appointment of the members of the Judiciary.

“The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of
at least three nominees preferred by the Judicial and Bar Council for every vacancy. Such appointments need no
confirmation. For the lower courts, the President shall issue the appointment within ninety days from the submission
of the list.”

F. LIMITATIONS OF JUDICIAL POWER

SECTION 12. 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 function.

Prohibition against designation to quasi-judicial and/or administrative agencies.

In the past administration, members of the judiciary were sometimes designated to executive positions in the
government at the same time retaining their rank or seniority as such members. This practice is no longer possible
under the new Constitution. Section 8 prohibits the designation by the President of the members of the Supreme
Court and of other courts established by law to any agency performing quasi-judicial and/or administrative
functions.

The following reasons may be given for the prohibition:

1) Such designation violates the doctrine of separation of powers between the judicial and the executive
branches of the government
2) It may compromise the independence of the members in the performance of their judicial functions; and
3) With so many cases pending in courts, the practice will result in further delay in their disposition. The Supreme
Court and the Court of Appeals particularly, which are already burdened with heavy load of cases, could
never reduce, much less eliminate, the backlog in their dockets if their members could be assigned to non-
judicial agencies.