1987 Constitution: Article 6 Legislative Department (Sections 15 to 32)

Section 15 Congress th Regular session: 4 Monday of July (unless otherwise provided by law) Special session: May be called anytime by the President Note: There shall be no session thirty days before the next regular session (excluding Saturdays, Sundays and legal holidays.) The number of regular sessions shall depend on the discretion of the Congress. Special session sessions called by the President when Congress is in recess Section 16 Officers of the Congress: 1. Senate President 2. Speaker of the House of Representatives 3. Any other officers elected by each house Note: Because of separation of powers, the court cannot intervene to the internal affairs of the legislature. Disciplinary action not subject to judicial review; each House is the sole judge of what discretionary behavior is Purpose of Journal 1. to insure publicity of proceedings 2. to provide proof of what actually transpired in the legislature Journal is conclusive upon the courts (upon seeing the signature of the Speaker of the House of Representatives and Senate President). Section 17 Electoral Tribunal - the sole judge of all contests relating to the election, returns and qualifications of the members of each house of the Congress - composed of nine members each a. House of Representatives Electoral Tribunal (HRET) 3 members of the Supreme Court (appointed by the Chief Justice) 6 House of Representatives members b. Senate Electoral Tribunal (SET) 3 members of the Supreme Court (appointed by the Chief Justice) 6 members of the Senate - members of each House are chosen based on their proportional representation

When does COMELECs jurisdiction end? (Transfer the jurisdiction to either HRET or SET) 1. when the winning candidate has been proclaimed 2. he has taken his oath 3. he has assumed office as member of the Congress Note: - Judicial power includes the determination 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. - All political parties are given proportional representation. - Electoral Tribunals are independent bodies. - The Supreme Court can only intervene with Electoral Tribunals jurisdiction when: a. there is denial of due process of law b. there is an error or grave abuse of discretion Section 18 Commission on Appointments (Composition) a. 1 Senate President (by virtue of his office) b. 12 House of Representatives members (by proportional representation) c. 12 Senate members Commission on Appointments - shall act on the appointments filed or submitted with thirty session days of the Congress from their submissions - shall rule on by majority vote of all its members Note: The Court ruled that a full complement of 12 was not mandatory. Section 19 Electoral Tribunal and Commission on Appointments shall be created within thirty days after the Senate and House of Representatives shall have been organized. Section 20 and 21 Legislative Investigation - the power of inquiry (a legislative body cannot legislate wisely or effectively in the absence of information) - the power of investigation also includes the power to punish a contumacious witness for contempt - limitations: a. must be in aid of legislation b. must be in accordance with the duly published rules of the Congress c. rights of the person appearing or directly affected by such inquiries shall be respected Section 22 Question Hour purpose: to formalize the oversight function of the Congress Before the head of departments can appear in either house, the consent of the President is needed.

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Notes taken from the 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin Bernas, S.J.

Section 26 Section 23 Declare the existence of war - sole power of the Congress - each house shall vote (at least 2/3; voting separately) In state of war or other national emergency: The Congress may authorize the President to carry out a declared national policy subject to limitations: 1. limited time only 2. subject to the restrictions made by the Congress What kind of war is renounced? Offensive or Aggressive war. Executive power - may make war even in the absence of a declaration of war (only when necessary) Note: Emergency powers may be withdrawn by resolution of the Congress (no need for the Presidents approval) or shall cease upon the next adjournment. Section 24 What are the bills that must originate solely from the House of Representatives? Money bills. a. appropriation bills b. revenue or tariff bills c. bills authorizing increase in public debts d. bills of local application e. private bills What can the Senate do about the money bills? Concur or propose amendments. Note: The Senate can completely overhaul such bills by: a. amendment of parts b. amendment by substitution Section 25 General appropriations bills - appropriations may not be increased by the Congress - form, content and manner of preparation must be prescribed by law - no riders allowed Special appropriation bills - shall specify the purpose for which it is intended - shall be supported by funds available Who are authorized to augment any item in the general appropriations bill (transfer of funds) a. President b. Senate President c. Speaker of the House of Representatives d. Chief Justice of the Supreme Court e. Heads of Constitutional Commissions Requirements of Bills: 1. shall embrace one subject only expressed on the title 2. shall pass three readings on separate days 3. printed copies shall be distributed to the members (three days before its passage) Section 27 How does a bill become a law? 1. when the President approves it 2. when the President takes no action on the bill submitted within thirty days (executive inaction) 3. if the President vetoes it and returns the bill (together with objections) to the house where it originated and 23 of such house votes to approve it When does the Constitution require the voting of yeas and nays of the members of each House? a. upon the last and third readings of a bill b. at the request of 1/5 of the members present c. in re-passing a bill over the veto of the President Conference Committee - resolves the conflict between the two houses of the Congress Note: The following bills are the only ones where the President can exercise item-veto a. revenue bills b. appropriation bills c. tariff bills General rule: The President cannot veto a part of the bill (its all or nothing) Exception: The bills mentioned above Note: - Publication of laws is indispensable. Failure to do it is a denial of the due process of law because people will not be informed of what laws to obey. - A condition in an appropriation bill may not be vetoed without vetoing the item to which it is attached. Item (in budgetary legislation) - means an indivisible sum of money dedicated to a stated purpose - NOT some general provision of law which happens to be put into an appropriation bill Doctrine of Inappropriate Provision - a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item - the President may veto riders in an appropriation bill - intent of the doctrine: to prevent the legislature from forcing the President to veto an entire appropriation law thereby paralyzing the government

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Notes taken from the 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin Bernas, S.J.

Executive Impoundment - refusal of the President to spend funds already allocated by Congress for a specific purpose Section 28 Rule of Taxation - shall be uniform and equitable (tax must operate with the same force and effect in every place where the subject of it is to be found) - progressive system the rate increases as the tax base increases (more equitable distribution of wealth) - must not be oppressive Power to tax - purpose: to raise revenue or to regulate - limitation: shall only be exercised for a public purpose Note: - The power to tax may be delegated by the legislative to the executive. - The Congress (delegating authority) has the right to impose restrictions and limitations on the taxation power delegated to the President. Institutions exempt from taxation: a. charitable institutions b. churches c. parsonages or convents appurtenant thereto d. mosques e. non-profit cemeteries f. all lands, buildings and improvements actually, directly and exclusively used for religious, charitable or education purposes Note: No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of the Congress. Section 29 Congress - has the control of the expenditure of public funds - no money shall be paid out of the treasury except in pursuance of an appropriation made by law [Congress] Note: Public money can be appropriated only for public purpose. It cannot be appropriated, applied, pair or employed for (direct or indirect) use, benefit or support of any: a. sect b. church c. denomination d. sectarian institution e. system of religion Section 30 The Congress can increase the appellate jurisdiction of the Supreme Court only with the advice and concurrence of the Supreme Court itself.

Reason: to prevent the overburdening of the Supreme Court Section 31 The Constitution prohibits the State from granting: a. title of royalty b. title of nobility Section 32 The Congress shall provide: system of initiative and referendum - the Congress does not have the exclusive right to pass laws - the people can also legislate through initiative and referendum a. directly propose and enact laws b. approve or reject any law or a part of it Registration of petition: - required - shall be signed by: a. at least 10% of the total number of registered voters b. every legislative district must be represented with at least 3% of the registered voters thereof See: Republic Act 6735 The Initiative and Referendum Law

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Notes taken from the 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin Bernas, S.J.

Article VII: The Executive Department Section 1 Executive power vested in the President of the Philippines President - Executive of the Government - Head of State - Chief Executive NOTE: In the case of Marcos vs. Manglapus (G.R. No. 88211), the court held that the powers of the President are not limited to what are expressly granted in the Constitution. Section 2 Qualifications of a President a. Natural born Filipino b. Registered voter c. Able to read and write d. At least forty years of age on the day of election e. Resident of the Philippines for at least 10 years Section 3 Qualifications of Vice President - same with the President (see Section 2) The Vice President may be removed from office in the same manner as the President. Constitutional function of the Vice President: a. succeed in the permanent vacancy of the Presidents office b. may also be appointed as a Member of the Cabinet (no consent needed from the Commission on Appointments) Section 4 Term of President and Vice President: 6 years (start: noon of June 30) Election: Every 2nd Monday of May unless otherwise provided by law How are they elected? By direct vote of the people. President not eligible for any reelection President by succession not eligible to run for the next term if he or she has served for more than four years Vice President can serve up to two consecutive terms only Congress of the Philippines - responsible for the canvassing of votes and proclaimation of the presidential and vice-presidential winners - given the authority to examine the certificates of canvass for authenticity and due execution Supreme Court - sole judge for the contest relating to election, returns and qualifications of the President or Vice-President (Recall discussion on Electoral Tribunal)

Presidential Election Protest Rule 14: Only the 2nd and 3rd placer can file the election protest; Done by filing a verified petition with the Clerk of Presidential Electoral Tribunal within thirty days from the date of proclamation Section 5 Oath of the President, Vice President or Acting President I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or VicePresident or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the nation. So help me God. Section 6 The President shall have an official residence (Generally: Malacaang Palace). Salary of the President and Vice-President - shall be determined by law - cannot be decreased during the tenure - increase shall take effect after the expiration of the term of the Pres. or VP Section 7 President-elect and Vice-President-elect shall assume office at the beginning of their terms Instances: - President-elect fails to qualify The VP-elect shall act as a President until a new President shall have been chosen and elected - President have not been chosen The VP-elect shall act as a President until a new President shall have been chosen and elected - President-elect shall have died or become permanently disabled, the VP-elect shall become the President - No President or Vice President The Senate President (or in his absence, the Speaker of the House of Representatives) shall act as a President until a new President or VP shall have been chosen and qualified - Officials mentioned above shall have died or become permanently disabled, the Congress will decide by law who will act as President until a Pres. or VP shall have been elected and qualified Section 8 Vacancy situations a. the incumbent President dies, and is permanently disabled, removed or resigns b. both the President and Vice-President die, or are permanently disabled, are removed or resign c. acting President dies, or is permanently incapacitated, is removed or resigns

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Notes taken from the 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin Bernas, S.J.

What happens when there are vacancy situations? a. the VP becomes the President b. the Senate President or the Speaker of the House of Representatives shall act as President until a new President is elected c. Congress will determine by law who will act as President until a new President is elected Section 9 Vacancy in the Office of Vice-President (How to fill?) a. The President shall nominate a VP among the members of the Congress b. The nominee shall assume office upon confirmation by majority vote of all the members of both houses (voting separately) Section 10 What Congress must do when there is a vacancy in the offices of the President and VP a. Shall convene at 10AM of the 3rd day after the vacancy in the offices b. Shall enact a law calling for a special election to elect Pres. and VP (within seven days; to be held not earlier than 45 days nor later than 60 days) No special election shall be called if the vacancy occurs within 18 months before the next Presidential election. Section 11 President is unable to discharge the functions of his office. (Read the complete provision.) Section 12 When the President suffers an illness which incapacitates him and is a matter of national concern, the public must be informed. Section 13 Prohibitions on the President, the Vice-President, the Members of the cabinet and their Deputies or Assistants a. hold any other office or employment during their term b. directly or indirectly practice any other profession c. participate in aby business or financially interested in any contact with, or in any franchise, or special privilege granted by the Government The officials mentioned above shall avoid conflict of interest in the conduct of their office. Note: The President shall enjoy immunity from suit during his or her tenure (both from criminal and civil cases). Section 14 The Acting President has the power to make appointments.

Note: His appointments can be revoked within 90 days from the assumption or re-assumption of office of the newly elected President. Section 15 The President or acting President cannot make appointments two months immediately before the next Presidential election up to the end of his term. (Midnight appointments are not allowed.) Section 16 The consent of the Commission on Appointments must be sought for the following Presidential appointments (exclusive list): a. Heads of Executive Departments, Ambassadors, Other Public Ministers and Consuls b. Officers of the Armed Forces (from the rank of coronel or naval captain) c. Other Officers whose appointments are vested in Him in this Constitution The President also appoints (provided in the 1987 Constitution): a. Members of the Supreme Court b. Judges of the Lower Court c. Regular members of the Judicial and Bar Council d. Chairmen and Members of the Constitutional Commissions e. Ombudsman and his Deputies Ad-interim appointments - made by the President during the recess of the Congress - permanent appointment - effective immediately (without need for confirmation by the Commission on Appointments) - shall be effective until disapproved by the Commission on Appointments or until the next adjournment of the Congress Section 17 Power of control - the power of an officer to alter, modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter - includes the power of supervision Note: The power to remove is inherent in the power to appoint Power of supervision - power of a superior officer to ensure that the laws are faithfully executed by inferiors - does not include the power of control Section 18 President as the Commander-in-Chief of the Armed Forces of the Philippines - holds supreme military authority

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Notes taken from the 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin Bernas, S.J.

- ceremonial, legal and administrative head of the AFP Military powers of the President 1. may call the AFP to prevent or suppress lawless violence, invasion or rebellion 2. may suspend the writ of habeas corpus in case of invasion or rebellion (must not exceed 60 days) 3. may place the Philippines or any part of the country under martial law Martial law - essentially a police power - authorizes the military to act vigorously for the maintenance of an orderly civil government - depends on two actual bases a. existence of actual invasion or rebellion b. requirements of public safety Section 19 The President may grant executive clemency. Purpose: To correct the imperfect institution and infirmities in the administration of justice Forms of executive clemency a. reprieves postpones the execution of an offense to a day certain b. commutations remission of a -part of the punishment; substitution of a less penalty for the one originally imposed c. pardons an act of grace (absolute and conditional); removes all penalties and legal disabilities d. remission of fines and forfeitures e. amnesty general pardon to rebels for their treason and other high political offenses Distinctions: Pardon - granted by the Chief Executive - must be pleaded and proved by the person pardoned - granted after conviction Amnesty - proclamation of the Chief Executive with the concurrence of the Congress - granted to classes of persons or communities who may be guilty og political offenses before the insitution of the criminal prosecution (sometimes: after conviction) Note: Reprieves, commutations, pardons and remission of fines and forfeitures cannot be given before conviction. Reason: To prevent the President from pre-empting the action of the judge. Constitutional Limits on Executive Clemency: 1. cannot be exercised over cases of impeachment 2. grant of amnesty must be with the concurrence of the majority of all the members of Congress 3. Article 9, Section 5

____________________________ Notes compiled by The Law Chic. Taken from The 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin Bernas, S.J.

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Notes taken from the 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin Bernas, S.J.