CONSTITUTIONAL LAW I (ARTS.

VII-XVI)

ARTICLE VII: EXECUTIVE DEPARMENT

Sec. 1
Executive Power
SPECIFIC POWERS GIVEN TO THE PRESIDENT
1. To appoint
2. To ensure that laws are faithfully executed
3. To be Commander-in-Chief of the AFP
4. To grant clemency
5. To contract foreign loans
Marcos vs. Manglapus
o Existence of residual powers of the President not specifically
mentioned in the constitution
o Preventing the return of former Pres. Marcos to the Philippines
o The President has unstated residual powers which are implied from the
grant of executive power and which are necessary for her to comply
with her duties under the Constitution.
o The powers of the President are not limited to what are expressly
enumerated under the Constitution.
- It has been advanced that whatever power inherent in the government that is
neither legislative nor judicial has to be executive.
Immunity from Suit
- There is no provision in the Constitution clothing the President with immunity
from suit during his tenure.
- However, it is already understood in Philippine jurisprudence that the President
may not be sued during his tenure.
- Cases filed against President Estrada are criminal in character. They involve
plunder, bribery and graft and corruption. By no stretch of the imagination can
these crimes, especially plunder which carries the death penalty, be covered by
the alleged mantle of immunity of a non-sitting president the unlawful acts of
public officials are not acts of the State and the officer who acts illegally is not
acting as such but stands in the same footing as any other trespasser.
- A non-sitting president does not enjoy immunity from suit.
Executive Privilege

Imposing a gag on executive officials summoned to a Senate legislative

investigation; the power of the President to withhold certain types of information
from the courts, the Congress, and ultimately the public
Types of information included:
a. Disclosure would subvert military or diplomatic objectives
b. Information about the identity of persons who furnish information of violations
of law
c. Information about internal deliberations comprising the process by which
government decisions are reached.
If a decision reached is criminal, it cannot be privileged.
Certain information must be kept confidential in pursuit of the public interest

The Cabinet
- Extra-constitutionally created institution
- Consists of the heads of departments who through usage have formed a body of
presidential advisers who meet regularly with the President.
- President is Chief of Administration.
- Cabinet members serve at the behest and pleasure of the President.
Sec. 2
Qualifications of the President
1. Natural-born citizen of the Philippines
2. Registered voter
3. Able to read and write
4. At least 40 years of age on the day of the election
5. Resident of the Philippines for at least 10 years immediately preceding such
election
Sec. 3
The Vice-President
- Same qualification and term of office and be elected with and in the same
manner as the President
- May be appointed as member of the Cabinet; such appointment requires no
confirmation
- A president in reserve
- He has no other function than to be prepared to assume the presidency should a
vacancy in the office arises.
- The President is not obliged to give the VP a Cabinet position.
Sec. 4
President and Vice-President
TERM
- Fixed term of 6 years

President is not eligible for any re-election for that office, that is, either
immediately after his term or even after an interval of one or more terms
VP may not serve for more than two successive terms
If VP succeeds to the presidency, if he serves for LESS THAN 4 YEARS, he may
run for election as President (not a RE-ELECTION).

CONGRESS AS NATIONAL BOARD OF CANVASSERS

- For presidential and vice-presidential elections
- Congress is given authority to make a determination of the authenticity and due
execution of the returns coming from provincial and city boards of canvassers in
accordance with the manner to be provided by law, that is, by Congress itself.
- Congress will have to devise the scope of its own power.
- Canvassing of votes and proclamation of winners is given to Congress and not to
COMELEC
Macalintal vs COMELEC
o Congress should not have allowed COMELEC to usurp a power that
constitutionally belongs to it. The canvassing of the votes and the
proclamation of the winning candidates for President and Vice
President for the entire nation must remain in the hands of Congress as
its duty and power under Section 4 of Article VII of the Constitution.
COMELEC has the authority to proclaim the winning candidates only for
Senators and Party-list Reps.
Lopez vs. Senate and House
o When Congress formed a Joint Committee to perform the task of a
preliminary count of the votes, the authority of the Committee was
challenged on the ground that canvassing belongs to Congress as
WHOLE. The court, however, ruled that preliminary task could be done by
a smaller body whose work, however, must be submitted to Congress as
a whole for its review and approval.
Pimentel vs. Joint Canvassing Committee
o Congress adjournment terminated the law-making function of Congress
but that the non-law making functions, such as canvassing, could continue
until the term of the members ended.
BREAKING A PRESIDENTIAL OR VICE-PRESIDENTIAL TIE
- Congress has also the authority to break a tie in presidential and vicepresidential elections.
- The tie is broken by vote of majority of all the Members of both Houses of the
congress, voting separately.

CONTROVERSIES
Poe vs. Arroyo
o The Rule in presidential contests is that only two persons, the 2nd and 3rd
placers, may contest the election. The Rule effectively excludes the widow
of a losing candidate.
Legarda vs. De Castro
o The power of the Court as Tribunal includes the power to correct manifest
errors on the statements of votes (SOV) and certificates of canvass
(COC).
Sec. 5
Oath of Affirmation
Sec. 6
Residence of President. Salaries of P and VP.
Secs. 7 and 8
Filling a vacancy in the Presidency
Sec. 7: vacancy occurs at the start of the term
- that on the appointed hour and day there is no president-elect, either because
the president-elect died or failed to qualify (VP-elect shall act as President until
the president-elect shall have qualified) or because no winner has been
proclaimed
Sec. 8: vacancy occurs in mid-term
- incumbent President dies, permanently disabled, removed from office, or resigns
- VP shall become the President to serve the unexpired term
: both P and VP
- The Senate President or, in case of his inability the Speaker of the House shall
then act as President until the President or VP shall have been elected and
qualified
Estrada vs. Desierto
o The resignation of Estrada cannot be doubted. It was confirmed by his
leaving Malacanang. In the press release containing his final statement:
a. He acknowledged the oath-taking of the GMA as President albeit with
reservation of its legality
b. He emphasized he was leaving the Palace, the seat of the presidency,
for the sake of peace and in order to begin the healing process of the

nation. He did not say that he was leaving the Palace due to any kind
of inability and that he was going to re-assume the presidency as soon
as the disability disappears.
c. He expressed his gratitude to the people for the opportunity to serve
them
d. He assured that he will not shirk to a future challenge after occupying
the office of the president which he has given up
e. He called on his supporters to join him in the promotion of a
constructive national spirit of reconciliation and solidarity.
o The contemporary acts of Estrada during those four critical days of
January are evidence of his intention to relinquish his office.
Sec. 9
Vacancy in the office of VP
- The President is authorized to nominate a member of Congress from either the
Senate or HOR to fill a vacated office of the VP.
- For the nomination to be effective, it must be confirmed by a majority of vote of
all the members of both Houses voting separately.

Sec. 10. The Congress shall, at ten oclock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in
accordance with its rules without need of a call and within seven days, enact a law
calling for a special election to elect a President and a Vice-President to be held not
earlier than forty-five days nor later than sixty days from the time of such call. The bill
calling such special election shall be deemed certified under paragraph 2, Section 26,
Article VI of this Constitution and shall become law upon its approval on third reading by
the Congress. Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of paragraph 4,
Section 25, Article VI of this Constitution. The convening of the Congress cannot be
suspended nor the special election postponed. No special election shall be called if the
vacancy occurs within eighteen months before the date of the next presidential election.
Exception: when the vacancy occurs
Sec. 11
Disability on the part of the president
Such disability is not permanent or temporary disability.
2 possibilities: may admit or not
Transmit to the Senate president or speaker of the house
Consequence: discharged by the VP (acts as President)

If does not admit, majority of the cabinet may transmit a written declaration
within 5 days to the senate president and house speaker that the President
cannot assume duties of the office. Then, Congress shall determine by a vote
of 2/3, voting separately.

Sec. 12
Illness of the President.
Serious illness which incapacitates the President, which is a concern of the public.
Public shall be informed of his health.
Members of the cabinet may access the President in charge of the national security and
foreign relations.
Sec. 13
Prohibitions
1. Covers the P, VP, cabinet and their deputies or assistants
Civil Liberties
In order to construe the provisions, it must harmonize with Article 7, Sec. 13.
Exception: appointment of duties in ex-officio capacity. The VP may in fact be appointed
as member of the Cabinet, CJ, etc.
Bitonio case
Appointed as Representative of the DOLE. Valid?
Should he receiving additional compensation? No. Appointed to position in exofficio capacity but not entitled to compensation
2. Nepotism
Appointment or reappointment not interruption
Powers of the President
a. Executive Power (sec. 17)
b. Appointing power (sec. 14, 15, 16)
Sec. 14
Appointments made by an ACTING PRESIDENT.
Maybe revoked by President within 90 days upon assumption or reassumption
Sec. 15

Appointments made by the President 2 months immediately preceding the next

presidential elections
Mass midnight appointments
Aytona
Midnight appointments were not valid. Had the appointment of Aytona been done
in good faith then he would have the right to continue office. Here, even though Aytona
is qualified to remain in his post as he is competent enough, his appointment can
nevertheless be revoked by the president. Garcias appointments are hurried
maneuvers to subvert the upcoming administration and is set to obstruct the policies of
the next president. As a general rule, once a person is qualified his appointment should
not be revoked but in here it may be since his appointment was grounded on bad faith,
immorality and impropriety. In public service, it is not only legality that is considered but
also justice, fairness and righteousness.
Valenzuela
Follow sec. 15, on the ban of making appointments within 2 months before the
end of presidents term (general rule)
De Castro vs. JBC
Does not follow the Valenzuela rule.
Temporary appointments
Dela Rama
Limitation does not apply to local elective officials
Sec. 16
Appointments made by the President 2 months before the next election
Nature: it is not beyond legislative, judiciary. It is Executive.
Legislators: create an office and prescribe qualifications of appointees
President: Decides who among the choices is best qualified.
Appointments vested in the President
Nomination-Consent-Appointment
1. Heads of the departments, ambassadors, consuls, naval officers, etc.
- Confirmation by COA is needed

Not every officer of the Cabinet rank come under the three step
appointment rule. Only heads of executive departments do. Ex. VP is

appointed as head of an executive department (appointment does not

need consent from COA)
All other officers whose appointments are vested in him in the Constitution
- need confirmation by COA
- Chairmen and commissioners of CSC, COA, COMELEC, JBC, Customs,
sectoral representative etc.
No need for three step appointment rule
2. Authorized by law who to appoint and those not authorized by law
- Do not need confirmation by COA
- Police generals or PNP (police force is civilian), Philippine coast Guard (nonmilitary agency/civilian)
- Justices, judges, Ombudsman and his Deputies (check on appointing power
of President is through JBC)
The Constitution limits the Presidents choice to those recommended by the
JBC.
- Commission on Human Rights (constitution does not specify who should
appoint its Chairman and members)
Fall under all other officers of the Government whose appointments are not
otherwise provided for by law
When a law creating an office does not specify who shall appoint the officer,
the appointment must be made by the President.
- NLRC
Procedure of appointment:
Types/Classification
1. Permanent/temporary- required eligibility, persons without eligibility (temporary)
2. Regular/Ad interim
Regular
a. made by President while congress is in session
b. takes effect after confirmation by the COA
c. continuous until the end of his term
Ad interim/Recess (PERMANENT)
a. congress not in session
b. takes effect immediately
c. but ceases to be valid or terminated if (1) disapproved by the Commission or
(2) upon adjournment of Congress prior to COA acting on the appointment
- Importance in distinguishing permanent or temporary? Because if it is
temporary, prohibition on temporary appointment under constitutional
commissions, cannot be made to COMELEC. If permanent, no variation of
prohibition.

Can it be renewed? Yes, if adjourned by Congress or bypassed by COA. If

disapproved by COA, can NO longer be renewed.
An ad interim appointment cannot be withdrawn or revoked at the Presidents
pleasure. It is permanent an can be terminated only by disapproval by the
COA or when bypassed by Congress.(Matibag vs. Benipayo)

3. Appointment in an Acting Capacity (TEMPORARY)

- Even congress is in session
- Takes effect immediately
- Extended any time there is vacancy
- temporary filling important offices
- Not submitted to COA
- Is appointment in an AC to department secretary while Congress in session
allowed? (Pimentel case)
Yes. The essence of an appointment in an acting capacity is its temporary
nature. It is a stop-gap measure intended to fill an office for a limited time until
the appointment of a permanent occupant to the office. In case of vacancy in an
office occupied by an alter ego of the President, such as the office of a
department secretary, the President must necessarily appoint an alter ego of her
choice as acting secretary before the permanent appointee of her choice could
assume office.
Appointment of Department Secretary in an acting capacity.
Appointment in an acting capacity cannot exceed one year.
Sec. 17
Power of Control extends from cabinet secretaries to the lowliest clerks.
a. Doctrine of Qualified political agency- all executive and administrative
organizations are adjuncts of the Executive Department, the heads of the
various executive departments are assistants and agents of the Chief
Executive
b. Reorganization: reduction of personnel, consolidation of offices, or even
abolition of positions by reason of economy or redundancy of functions
c. Has the Power to remove exec officials, but power of control is not the source
of the presidents disciplinary power. Rather, his disciplinary power flows from
the power to appoint. Hence, power to remove is inherent in the power to
appoint.
d. Power of control includes the power of supervision.
Biraogo vs. Philippine Truth Commission
- Pres. Aquino created the Philippine Truth Commission through E.O. No. 1

a mere ad hoc body formed under the Office of the President with the primary
task to investigate reports of graft and corruption committed by third-level
public officers and employees, their co-principals, accomplices and
accessories during the previous administration, and thereafter to submit its
finding and recommendations to the President, Congress and the
Ombudsman.
It has all the powers of an investigative body.
It is not, however, a quasi-judicial body as it cannot adjudicate, arbitrate,
resolve, settle, or render awards in disputes between contending parties.
WON, the President has the power to create the Truth Commission
The Presidents power to conduct investigations to aid him in ensuring the
faithful execution of lawsin this case, fundamental laws on public
accountability and transparencyis inherent in the Presidents powers as the
Chief Executive. That the authority of the President to conduct investigations
and to create bodies to execute this power is not explicitly mentioned in the
Constitution or in statutes does not mean that he is bereft of such authority.
The powers of the President cannot be said to be limited only to the
specific powers enumerated in the Constitution. In other words,
executive power is more than the sum of specific powers so
enumerated.
It has been advanced that whatever power inherent in the government that is
neither legislative nor judicial has to be executive.
The Executive is given much leeway in ensuring that our laws are faithfully
executed. The powers of the President are not limited to those specifice
powers under the Constitution. One of the recognized powers of the
President granted pursuant to this constitutionally-mandated duty is the power
to create ad hoc committees.
It should be stressed that the purpose of allowing ad hoc investigating bodies
to exist is to allow an inquiry into matters which the President is entitled to
know so that he can be properly advised and guided in the performance of his
duties relative to the execution and enforcement of the laws of the land.

Sec. 18
Military Powers
Commander-in-chiefship
o President is not a member of the armed forces but remains a civilian
o No portion of his duties is paid from sums appropriated for the military
or naval forces
o He is not subject to court martial or other military discipline
o Art. II sec. 3: Civilian authority is, at all times, supreme over the
military. President holds supreme military authority and is the
ceremonial, legal, and administrative head of the armed forces.
o Power to direct military operations and to determine military strategy.

o He is authorized to direct movements of the naval and military forces

played by law at his command, and to employ them in the manner he
may deem most effectual to harass and conquer and subdue the
enemy.
o He has control and direction of the conduct of war, whether the war be
declared or undeclared.
1. To call out the armed forces to prevent or suppress lawless violence, invasion
or rebellion
- Whenever it is necessary
- This acton is not subject to judicial review
- The authority to decide whether the exigency has risen belongs exclusively to
the President, and his decision is conclusive upon all other persons.
IBP vs. Zamora
o PNP teamed together with the army to suppress lawless violence
in the country via LOI of Pres. Estrada
o IBP questioned constitutionality of the letter of instruction of Estrada
o Issues: Assistance of Philippine Marines to PNP violates the provision
on civilian supremacy; calling out of the President is a justiciable issue
o Calling the armed forces is not proper for judicial scrutiny since it
involves a political question and the resolution of factual issues
which are beyond the review powers of this Court.
o When the President calls the armed forces to prevent or suppress
lawless violence, invasion or rebellion, he necessarily exercises a
discretionary power solely vested in his wisdom.
o It is a discretionary power of the president. Court cannot overrule
the Presidents decision in this matter.
- Solely vested in the President. SC cannot overrule Presidents discretion.
Sanlakas vs. Exec. Sec.
o Oakwood mutiny
o GMA issued to declare state of rebellion (uttered superfluity) and call
out the armed forces to suppress the lawless violence
o She simply needed to call out the AFP to suppress such violence.
o The Court rendered that the both the Proclamation No. 427 and
General Order No. 4 are constitutional. Section 18, Article VII does not
expressly prohibit declaring state or rebellion. The President in
addition to its Commander-in-Chief Powers is conferred by the
Constitution executive powers. It is not disputed that the President has
full discretionary power to call out the armed forces and to determine
the necessity for the exercise of such power.
o The issue of usurpation of the legislative power of the Congress is of
no moment since the President, in declaring a state of rebellion and in

calling out the armed forces, was merely exercising a wedding of her
Chief Executive and Commander-in-Chief powers. These are purely
executive powers
o SC: the proclamation was valid and within the power of the President.
Validity of state of rebellion
Lacson vs. Sec. Perez
o GMA faced with an angry and violent mob
o Declared a state of rebellion (Proc. No. 38)
o Called out AFP and PNP to suppress such rebellion
o WON the proclamation of GMA of the state of rebellion in NCR, calling
out AFP to suppress the violence, is constitutional
o SC: The petitions are declared to be moot and academic. State of
Rebellion already lifted by PGMA on 2006
David vs. GMA
o partially valid
o PP1017 to determine the actual condition of the country. Valid.
o PP 1017 is CONSTITUTIONAL as far as the calling out of the
military to suppress lawless violence. However, the military cannot
enforce other laws
o PP 1017 is UNCONSTITUTIONAL when it comes to promulgating
Decrees. Only the 2 Houses of Congress can legislate laws
o Warrantless arrests and seizures conducted without proof that they are
part of rebellion, lawless violence, and takeover
is UNCONSTITUTIONAL
Ampatuan vs. Puno
o President GMA declared Sultan Kudarat and Cotabato City Under state
of emergency
o AFP and PNP undertake such measures
o Petitioners claim that there is no factual basis in declaring state of
emergency in Suldan kudarat
o Petition dismissed
o SC: Declaration is valid. Purely in the president to determine the
condition of the country and calling out power of the AFP
Kulayan vs. Tan
o Governor of Sulu ordered calling out power of the President
o Calling out power is exclusively granted by the President.
2. Power to suspend the writ of habeas corpus

Privilege of writ of habeas corpus

- There must be an actual deprivation of liberty.
- Right to have an immediate determination of the legality of the deprivation of
physical liberty
- If suspended, the Court can no longer inquire further into the legality of
the deprivation.
- Who may suspend the privilege? President. Applicable to persons who
commit rebellion.
3. Power to declare martial law
Grounds:
a. Rebellion or invasion when public safety requires it
Time limit: not exceeding 60 days, still subject to review and revocation by
Congress
Within 48 hours, the President shall submit a report in person or in writing for
its approval or revocation to the Congress
Congress, voting jointly, majority, may revoke such proclamation or
suspension. This shall not be set aside by the President.
If President submits, Congress may revoke or suspend.
SC may nullify proclamation. Promulgate within 30 days from its filing.
Effects of Martial Law:
1. It does not suspend the operation of the Constitution
2. It does not supplant the functioning of the civil courts or legislative assemblies
3. It does not authorize conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to function
4. It does not automatically suspend the privilege of the WOHC
Sec. 19
Pardoning Power
Cannot be extended in cases of
- impeachment
- Otherwise provided by Constitution
- Cannot be granted in violation of election laws without favorable
recommendation of COMELEC
- Legislative contempt
- Before conviction of final judgment
- Congress
Executive Clemency:
- a tacit admission that human institutions are imperfect and that there are
infirmities in the administration of justice.

Exists as an instrument to correct infirmities and mitigate whatever harshness

might be generated by a too strict application of the law.
- Not a function of the judiciary; EXECUTIVE.
- But judge can enjoin to recommend to the President the exercise of executive
clemency
- Non-delegable and must be exercised by the President personally
Constitutional limits:
1. It cannot be exercised over cases of impeachment
2. Reprieves, commutations (mere reduction of penalty), and pardons (total
remission), and remission of fines and forfeitures can be given only after
conviction by final judgment
3. A grant of amnesty must be with the concurrence of a majority of all the
Members of Congress
FORMS OF EXECUTIVE CLEMENCY:
A. Pardon
- 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
- No legal power can compel the executive to give it
- An act of pure generosity of the executive and it is his to give or to withdraw
before it is completed
- Validity: delivery is essential, and delivery is not complete without acceptance
- Requirement of Acceptance of Pardon: need for protecting the welfare of its
recipient.
- The acceptance of the conditions of the pardon imports the acceptance of the
condition that the President will also determine whether the condition has
been violated.
- Granted any time after an offense is committed
B. Amnesty
- The power to grant amnesty is considered merely an act of the pardoning
power.
- May be given only with the concurrence of the majority of all the members of
Congress
- The grant of general pardon to a class of political offenders either after
conviction or even before the charges are filed.
PARDON (individual pardon)
Granted by the Chief Executive; private
act which must be pleaded and proved by
the person pardoned

AMNESTY (general pardon)

By proclamation of the Chief Executive
with the concurrence of Congress; public
act of which the courts should take

Granted to one after conviction

Looks forward and relieves the offender

from the consequences of an offense of
which he has been convicted; abolishes
or forgives the punishment
Does not work the 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
In no case exempts the culprit from the
payment of the civil indemnity imposed
upon him by the sentence

judicial notice
Granted to classes of person or
communities who may be guilty of
political offenses, generally before or after
the institution of the criminal prosecution
and sometime after conviction
Looks backward and abolishes and puts
into oblivion the offense itself, it so
overlooks and obliterates the offense with
which he is charged that the person
released by amnesty stands before the
law precisely as though he had
committed no offense

C. REPRIEVES, COMMUTATIONS, AND REMISSION OF FINES AND

FORFEITURES
- Like amnesty, these are already implicit in the pardoning power; but they have
been made explicit by the Constitution.
- Reprieve: postpones the execution of an offense to a day certain
- Commutation: a remission of a part of the punishment; a substitution of a less
penalty for the one originally imposed; does not have to be in any specific
form
- Remission of Fines and Forfeitures: merely prevents the collection of fines or
the confiscation of forfeited property; it cannot have the effect of returning
property which has been vested in third parties or money already in the public
treasury

Sec. 20
Borrowing Power of President
1. Can contract foreign loans with prior concurrence of monetary board, and subject
to such limitations as may be provided by law
Sec. 21
Diplomatic Power
No treaty or international agreement shall be valid unless concurred in by at least 2/3 of
all the members of the Senate.

INTERNATIONAL AGREEMENTS
Treaty
Two phases involved in treaty making:
1. Negotiation
o the power of the President excludes the legislature
o Senate cannot intrude and Congress is powerless to invade it
2. Actual making of the treaty
o But once the negotiation is completed, it will be binding only with the
concurrence of the Senate
o Treaties require ratification of the Senate (2/3 of all the members)
- If the President does not present a treaty to the Senate, the senate has
nothing to ratify.
- Efforts to compel the Executive Department by mandamus to submit the
document to the Senate was rebuffed by the Court.
- The decision to enter or not to enter into a treaty is a prerogative solely of the
President. Thus, unless the President submits a treaty to the Senate
there is nothing for the Senate to concur in.
Commissioner of Customs vs. Eastern Sea Tradings
o Concurrence by Senate required in treaties
o Executive agreements, do not require concurrence by the Senate
o International agreement maybe in form of treaties or executive
agreements
o No distinction between treaty and executive agreement under our laws
Bayan vs. Exec. Secretary
o Constitutionality of the Visiting Forces Agreement between PH and
USA
o The agreement had been ratified by the Senate.
o Recognized as a treaty means that the other contracting party
accepts or acknowledges the agreement as treaty.
o It is inconsequential whether the US treats the VFA only as an
executive agreement because, under international law, an executive
agreement is as binding as a treaty.
TREATY
Requires Senate concurrence
Political issues or changes of
national policy; international

EXECUTIVE AGREEMENT
Without concurrence of the
legislature
Adjustments of detail carrying out
well-established national policies

arrangements of a permanent
character

and traditions and those involving

arrangements of a more or less
temporary nature;
Commercial and consular
relations, most-favored-nation
rights, patent rights, trademark and
copyright protection, postal and
navigation arrangements and
settlement of claims
Implementation of treaties or of
statues or of well-established
policy or are of a transitory
effectivity
Less formal types of international
agreements

THREE DISTINCT FOREIGN AFFAIRS POWERS:

1. Power to make treaties
2. Power to appoint ambassadors, other public ministers, and consuls
3. Power to receive ambassadors and other public ministers duly accredited to the
Philippines
Sec. 22
Budgetary Power
The President shall submit to the Congress within 30 days from the opening of every
regular session, as the basis of the GAB, a budget of receipts and expenditures and
sources of financing, including receipts from existing and proposed revenue measures
COMPLETE GOVERNMENT BUDGETARY PROCESS:
Phase I. Budget Preparation
o Tasked upon the Executive
o Estimation of government revenues
o Determination of budgetary priorities and activities within the
constraints imposed by available revenues and borrowing limits
o Translation of desired priorities and activities into expenditure levels
o Budget preparation starts with the Budget Call by the DBM
o Each agency is required to submit agency budget estimates
Phase II. Legislative Authorization
o Congress enters the picture and deliberates or acts on the budget
proposals of the President

Phase III. Budget Execution

o Tasked on the Executive
o Operational aspects of budgeting
Phase IV. Budge Accountability
o Evaluation of actual performance and initially approved work targets,
obligations incurred, personnel hired and work accomplished are
compared with the targets set at time the agency budgets were
approved
Sec. 23
Informing Power
The President shall address the Congress at the opening of its regular session he may
also appear before it any other time.

ARTICLE VIII: JUDICIAL DEPARTMENT

Sec. 1
Judicial Power
- The measure of the allowable scope of judicial action
- The right to determine actual controversies arising between adverse litigants,
duly instituted in courts of proper jurisdiction
- The authority to settle justiciable controversies or disputes involving rights
that are enforceable and demandable before the courts of justice ore the
redress of wrongs for violation of such rights
- The exercise of judicial power goes beyond the mere promulgation of final
decision.
o Power to control the execution of its decision is an essential aspect of
jurisdiction. It cannot be subject of substantial subtraction because the
Constitution vests the entirety of judicial power in one Supreme Court
and in such lower courts as may be established by law.
o Most important part of litigation: PROCESS OF EVALUATION OF
DECISIONS where supervening events may change the circumstance
of the parties and compel courts to intervene and adjust the rights of
the litigants to prevent unfairness. (Echegaray)
INTRINSIC LIMIT ON JUDICIAL POWER
- Courts may neither attempt to assume nor be compelled to perform nonjudicial functions.
- The Supreme Court and its members should not and cannot be required to
exercise any power or to perform any trust or to assume any duty not
pertaining to or connected with the administering of judicial functions.
- Judicial power is not exercised to address moot questions.
o However, Courts will decide cases, otherwise moot and academic, if:

a. There is a grave violation of the Constitution

b. The exceptional character of the situation and the paramount public
interest is involved
c. When the constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar, and the public
d. The case is capable of repetition yet evading review
GRAVE ABUSE OF DISCRETION
- Introduced because of the frequency with which the SC had appealed to the
political question doctrine during the Martial Law period
- Political questions are beyond the pale of judicial review
- Not every abuse of discretion, however can be the occasion for the court to
come in by virtue of the second sentence of Sec. 1. It must be grave abuse
of discretion amounting to lack or excess of jurisdiction.
Infotech foundation, et. al. vs. COMELEC
o There is grave abuse of discretion
a. When act is done contrary to the constitution, the law or jurisprudence
b. When it is executed whimsically, capriciously or arbitrarily out of
malice, ill will or personal bias
o In the instant case, the COMELEC awarded the subject contract not
only in clear violation of law and jurisprudence, but also in reckless
disregard of its own bidding rules and procedure.
Ynot vs. IAC
o The lower courts shall not shy away from the task of answering political
questions (grant of the power of the judicial review)
o The SC declared that while the lower courts should observe a
becoming modesty in examining constitutional questions, they are
nonetheless not prevented from resolving the same whenever
warranted, subject only to review by the highest tribunal. The courts
have jurisdiction under the Constitution to "review, revise, reverse,
modify or affirm on appeal or certiorari, as the law or rules
of courts may provide," final judgments and orders of lower courts in,
among others, all cases involving the constitutionality of certain
measures. This simply means that the resolution of such cases may
be made in the first instance by these lower courts.
o For checking, legitimating, and symbolic (functions of Judicial Review)

Expanded jurisdiction of the Supreme Court or other courts is not absolute. The power
or authority of our courts will yield sometimes in matter which is in nature a political
question.

Political question- answered by the people in their sovereign capacity

Whether or not to honor international debt is a political question. (Guingona vs.
Carague)
Justiciable question (Manila Prince Hotel)
Sec. 2
Role of Legislature
1. Define such enforceable and demandable rights and prescribing remedies for
violations of such rights
2. Determine the court with jurisdiction to hear and decide controversies or disputes
arising from legal rights (creation of courts)
The Congress shall have the power to define, prescribe and apportion the
jurisdiction of various courts
Subject to limits:
a. It must not deprive the SC of its jurisdiction
b. In case of judiciary reorganization, it must not undermine the security
of tenure of its members.
Supreme Court is beyond the power of Congress to reorganize
even if only as a temporary measure.
c. In increasing appellate jurisdiction, there must be the consent and
concurrence from the SC. Congress can diminish jurisdiction except
those granted by the Constitution.
- Unless there is an applicable law, courts are without power to settle
controversies.
3 distinct processes: (occur simultaneously)
1. Vesting of judicial power (Constitution)
2. Creation of courts other than the SC (Congress)
o Subject to limitations that it may not reduce jurisdiction of the SC as
prescribed in Sec. 5 and also to the implicit limitation that it may not
create a court equal in authority or superior to the SC.
o There can be only one Supreme Court.
o Includes authority to abolish courts
3. Definition, prescription, apportionment of jurisdiction (Congress)
Jurisdiction vs. Judicial Power
Jurisdiction: authority of a court to exercise judicial power in a specific case; a
prerequisite of judicial power
Judicial power: totality of powers a court exercises when it assumes jurisdiction
and hears and decides a case

Fabian vs. Desierto

o It increased appellate jurisdiction without the advice or concurrence by
the SC.
Sec. 3
Fiscal autonomy
Cannot be reduced by the legislators below the amount appropriated for the previous
year and, after approval, shall be automatically and regularly released
Bengzon vs. Drilon
Whether or not the questioned veto impairs the Fiscal Autonomy
guaranteed by the constitution
o The veto impairs the power of the Chief Justice to augment other items in the
Judiciary's appropriation, in contravention of the constitutional provision on
"fiscal autonomy"
o The veto of these specific provisions in the General Appropriations Act is
tantamount to dictating to the Judiciary how its funds should be utilized, which
is clearly repugnant to fiscal autonomy.
o The Judiciary must enjoy freedom in the disposition of the funds
allocated to it in the appropriations law. It knows its priorities just as it is
aware of the fiscal restraints. The Chief Justice must be given a free hand on
how to augment appropriations where augmentation is needed.
o

o Fiscal autonomy means freedom from outside control.

o DBM: 10 typewriters without the consent of the judiciary violates fiscal
autonomy
o Chief justice determines and decides the who, what, where and how
the benefits be extended.
Sec. 4
Composition and sessions of Supreme Court
- 1 Chief Justice, 14 Associate Justices
- Supreme Court may sit en banc, or in divisions of three, five, or seven
members
o Divisions can be of different sizes and supposed to reflect the relative
importance of cases
o Except for those cases which by command of the Constitution must be
heard by the SC en banc, cases may be heard either en banc or by a
division as the Rules of Court may provide.
Cases that MUST be heard en banc:
1. All cases involving constitutionality of a treaty, international or executive
agreement, or law

2. Cases involving the constitutionality, application, or operation of presidential

decrees, proclamations, orders, instructions, ordinances, and other
regulations
3. Cases heard by a division when the required majority in the division is not
obtained; Provided, that no doctrine or principle of law laid down by the court
in a decision rendered en banc or in division may be modified or reversed
except by the court sitting en banc.
o Cases or matters heard by a division shall be decided or resolved with
the concurrence of a majority of the Members who ACTUALLY TOOK
PART in the deliberations on the issues in the case and voted thereon,
and in no case, without the concurrence of at least three of such
Members.
4. Cases where the SC modifies or reverses the doctrine or principle of law
previously laid down either en banc or in division
5. Administrative cases where the vote is for the dismissal of a judge of a lower
court or otherwise to discipline such a one
6. Election contests for President and VP
-

Cannot be decreased or increased by any law

Quorum is 8. (15 members) in deciding cases to be heard, en banc
In order to arrive at a decision, solved by the concurrence of the majority +
requirement of at least 3 members
Decisions of a DIVISION:
a. not inferior to an en banc decision
b. a decision or resolution of the Supreme Court itself
c. each division of the Court is considered not a body inferior to the Court en
banc, and sits veritably as the Court en banc itself
d. only constraint: any doctrine or principle of law laid down by the Court,
either rendered en banc or in division, may be overturned or reversed
ONLY by the court sitting en banc.
Fortich vs. Corona
e. When the required number of votes cannot be obtained, the case should
be decided en banc. This only applies to the INITIAL DECISION of a
case and NOT TO A RECONSIDERATION of the initial decision.
o Cases are to be decided (referred en banc) and matters, which
include motions, are to be resolved.
o Only cases are referred to the court En Banc for decision
whenever the required number of votes is not obtained.
o Whenever there is a tie in voting, there is NO DECISION. Thus,
referred to SC En Banc because required number of votes is not
obtained.

o If case has already been decided by the division, but the losing party
files a motion for reconsideration
o If there is no tie in division, case has been decided, motion for
reconsideration is denied (cannot be referred to SC En Banc).

Sec. 5
Powers of the Supreme Court
IRREDUCIBLE JURISDICTION OF THE SUPREME COURT
- Jurisdiction over cases specified in paragraphs 1 and 2
a. original jurisdiction over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus
b. appellate jurisdiction over the enumerated cases

AUXILIARY ADMINISTRATIVE POWERS (paragraphs 3-6)

a. Issue temporary assignments of judges
b. Order change of venue
c. Promulgate rules of procedure and enforcement of constitutional rights
d. Integration of the bar
e. Legal assistance and admission to the practice of law
f. Appoint its employees
g. Administrative supervision over all courts
Power of Judicial Review
- SCs power to declare a treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation
UNCONSTITUTIONAL; also its application even if the legal basis for the
action is itself unconstitutional.
- Not an indication of the superiority of the SC over the executive and Congress
but a manifestation of the supremacy of the Constitution
REQUISITES FOR THE EXERCISE OF JUDICIAL REVIEW
a. Actual Case of Controversy
o Manifestation of the commitment to the adversarial system
o Court has no authority to pass upon issues of constitutionality through
advisory opinions and it has no authority to resolve hypothetical or
feigned constitutional problems or friendly suits collusively arranged
between parties without real adverse interests
o Court will not entertain a petition touching on an issue that has already
become moot
Dumlao vs .COMELEC
o It is basic that the power of judicial review is limited to the
determination of actual cases and controversies. The petitioner
assails the constitutionality of the said provision and seeks to prohibit
the respondent COMELEC from implementing such, yet the petitioner
has not been adversely affected by the application of that
provision. There is no ruling of that constitutional body on the matter
on which the court is being asked to review on certiorari.
Lacson vs. Perez
o No actual controversy because it was already moot and academic
Enrile vs. SET
o No actual controversy because the tenure of the senatorial position
has become expired, therefore moot and academic
David vs. GMA

o May be applied liberally

o There was actual controversy because of these 4 exceptions:
There is a grave violation of the Constitution
The exceptional character of the situation and the paramount
public interest is involved
When the constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar, and the public
The case is capable of repetition yet evading review
b. Must be raised by proper party
o locus standi: a personal and substantial interest in the case such that
he has sustained, or will sustain, direct injury as a result of its
enforcement.
o Challengers interest in the suit must be personal and not one based
on a desire to vindicate the constitutional right of some third and
unrelated party
.
Dumlao vs. COMELEC

The long-standing rule has been that "the person who impugns the
validity of a statute must have a personal and substantial interest
in the case such that he has sustained, or will sustain, direct injury as a
result of its enforcement"

IBP
o Legal standing of the IBP
o Anchored petition mainly
Senate vs. Ermita
o Anomalous overpricing
o Senate was the proper party, allowed to question
c. Raised at the earliest possible opportunity
o Court may determine the time when a question affecting
constitutionality of a statute should be presented
d. Must be the lis mota of the case
o Unavoidability of constitutional question
EFFECT OF DECLARTION OF UNCONSTITUTIONALITY
- When the assailed legislative or executive act is found by the judiciary to be
contrary to the Constitution, it is null and void.