Professional Documents
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X. THE LEGISLATIVE DEPARTMENT
- Legislative power the power to propose, enact, amend
and repeal laws
1) Referendum on Statutes
2) Referendum on local legislation
-
Prohibited measures
1) Petition embracing more than one subject
2) Involving emergency measures, the enactment
of which is specifically vested in Congress by
the Constitution, cannot be subject to
referendum, until 90 days after effectivity
Local Initiative,
Not less than 2,000 registered voters
in case of autonomous regions
1,000 in provinces and cities
100 in municipalities
50 in baranagays
Qualifications
1) Natural-born
2) On the day of the election, at least 35
years of age
3) Able to read and write
4) Registered voter
5) Resident of the Philippines for not less
than 2 years immediately preceding the
day of the election
Term: 6 years, commencing at noon on 30 th
day of June next following their election
Limitation: no senator shall serve for more than
2 consecutive terms. Voluntary renunciation of
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 elected.
Composition
1) District representative
2) Party-list representative
3) Sectoral representative
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accordance with the number of respective
inhabitants on the basis of a uniform and
progressive ratio.
Qualifications:
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Religious sect/denomination
Advocate violence to attain goal
Foreign party/organization
Receives support from foreign party/org
Declares untruthful statement in its petition
Violates or fails to comply with election
laws, rules and regulations
7) Failed to participate in the last 2 preceding
elections or fails to obtain at least 2% of the
votes cast under the party-list system in the
2 preceding elections for the constituency in
which it has registered
8) Ceased to exist for at least 1 year
-
1) Dies
2) Withdraws in writing
3) Becomes incapacitated
Incumbent who are nominate are NOT
considered resigned.
Qualifications of a Party-list nominee
Natural-born citizen
Able to read and write
Registered voter
Resident of the Philippines at least 1 year
immediately preceding the day of the
election
5) Bona
fide
member
of
the
party/organization which he seeks to
represent at least 90 days preceding the
day of the election
1)
2)
3)
4)
4 inviolable parameters:
1) 20% allocation: combined number of
all party-list congressmen shall not
exceed 20% of the total membership
of the House
2) 2% threshold: only those parties
garnering a minimum of 2% of the
total valid votes cast for the party-list
system are qualified to have a seat
3) 3-seat limit: each qualified party,
regardless of the number of votes it
actually obtained, is entitled to a
maximum of 3 seats
4) Proportional representation: additional
seats which a qualified party is entitled
to shall be computed in proportion to
their number of votes.
In order that a political party registered under
the party-list system may be entitled to a seat
in the House:
and
under-
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2) Major political parties must comply with this
statutory policy
3) Constitutional prohibition against religious sect
4) Not disqualified under RA7941
5) Not adjunct or project funded by government
6) Party and its nominees must comply with the
requirements of the law
7) Nominee must also represent the marginalized
and under-represented sector
8) Nominee must be able to contribute to the
formulation and enactment of appropriate
legislation.
-
2) Forbidden Office
Neither shall he be appointed to any office
which may have been created or the
emoluments thereof increased during the
term for which he was elected.
Last only for the duration of the term for which
the member of Congress was elected.
Other Inhibitions
Election
Salaries
Session
Determined by law.
No increase in said compensation shall take effect
until after the expiration of the term of all the
members of the Senate and House approving such
increase.
Privileges
1) Freedom from Arrest
Offenses punishable by not more than 6
years imprisonment, be privileged from
arrest while Congress is in session.
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Joint
1) Voting Separately
a.
b.
c.
d.
e.
2) Voting Jointly
a. Revoke/extend proclamation suspending
the privilege of the writ of HC
b. Or placing the Philippines under martial law
Officers
Quorum
Rules of Proceedings
Discipline of Members
b.
c.
d.
Electoral Tribunals
Composition
a.
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a.
b.
c.
d.
- Limitations:
1.Substantive
-
a. Bill of rights
b. Appropriations
c. Taxation
d. Constitutional appellate jurisdiction of SC
e. No law granting a title of royalty or nobility
shall be passed
-
Implied
a. Non-delegation of powers
b. Prohibition
against
the
irrepealable laws
passage
if
2.Procedural
a. Only one subject to be expressed in the title
- Title is not required to be an index of the
contents of the bill
- Sufficient compliance if the title expresses the
general subject and all the provisions of the
statute are germane to thee subject
- Sufficient if the title is comprehensive enough,
as in this case, to include subjects related to
the general purpose which the statute seeks to
achieve.
- Rider is a provision not germane to the subject
matter of the bill.
Commission on Appointment
Express
Composition
Powers of Congress
1.General (plenary) legislative power
3. Legislative Process
- Requirements as to bill
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Approval of Bills
No pocket veto.
Partial veto, as a rule, is invalid. It is
allowed only for particular items in
an appropriation, revenue or tariff
bill. The President cannot veto part
of an item in an appropriation bill
while approving the remaining
portion of the item.
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The power of appropriation carries with it the
power to specify the project/activity to be
funded under the appropriation law.
Need for appropriation NO money shall be
paid out of the Treasury except in pursuance of
an appropriation made by law.
Indispensable requisites or condition sine qua
non for the execution of government contracts:
a. Existence of appropriation
b. Availability of funds
Appropriation law a statute the primary and
specific purpose of which is to authorize the
release of public funds from the Treasury.
Classification:
1) General Appropriations Law passed
annually, for the financial operations of
the government.
2) Special Appropriations Law for specific
purpose
Implied Limitation on Appropriation
Measures
1) Appropriation must be devoted to
public purpose
2) Sum authorized to be released must be
determinate or at least determinable
Decree do not specify the specific
amounts to be paid, the amounts
are nevertheless made certain by
the legislative parameters provided
in the decrees.
The mandate being only to pay the
principal, interest, taxes and other
normal banking charges.
Constitutional Limitation on Special
Appropriation Measure
1) Specify the public purpose for which the
sum is intended
2) Must be supported by funds actually
available as certified to by the National
Treasurer or to be raised by a
corresponding
revenue
proposal
included therein.
Constitutional
Rules
on
General
Appropriations Law
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2.
3.
4.
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13. Power to impeachment
14. Power relative to natural resources
15. Power to propose amendments to the
Constitution
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PHIL JUDGES ASSOCIATION VS PRADO ENBANCA
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VP-elect shall
become
President
Senate President
or in case of his
disability, the
Speaker of the
House shall act
as President until
a President or VP
shall been
chosen and
Chosen
Qualified
Both died
Both become
permanently disabled
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qualified.
In case of
inability of both,
Congress shall,
by law provide
for the manner
by which one
who is to act as
President shall
be selected until
a President or VP
shall have
qualified.
Temporary Disability
President transmits to Senate President and
Speaker
His written declaration that he is unable to
discharge the powers and duties of his
office
Until he transmits a written declaration to
the contrary
Powers and duties shall be discharged by
the VP as Acting President
Majority of the members of the Cabinet
transmit to Senate President and Speaker
Written declaration that the President is
unable to discharge the powers and duties
of his office
VP shall IMMEDIATELY assume the powers
and duties of the office as Acting
President
IF President shall transmit written
declaration that no such disability exists
He shall reassume the powers and duties
of his office
IF majority of the members of the Cabinet
transmit within 5 days to SP and Speaker
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- Assume office upon confirmation by a majority
vote of all Members of both Houses of Congress,
voting separately
Powers of the President
1)Executive Power
2)Power of Appointment
3)Power of Control
4)Military Powers
5)Pardoning Power
6)Borrowing Power
7)Diplomatic Power
8)Budgetary Power
9)Informing Power
10) Others
a.Call Congress to special session
b.Power to approve or veto bolls
c. Consent to deputation of government
personnel by COMELEC
d.Discipline such deputies
e.Emergency powers, by delegation from
Congress
f. General supervision over LGs and
autonomous regional governments
Executive Power
- Executive Power: power to enforce and administer
the laws
- Power of carrying out the laws into practical
operation and enforcing their due observance
- Authority to Reorganize the Office of the President
to achieve simplicity, economy and efficiency.
- Power to reorganize the OP under Section 31 (1) of
EO 292 (Administrative Code) President can
reorganize the OP proper by abolishing,
consolidating or merging units or by transferring
functions from one unit to another
- Power to reorganize the OP under Section 31 (2) and
b(3) of EO 292 (Administrative Code) power of
the President to reorganize offices outside of the OP
proper is limited to merely transferring
functions/agencies
from
OP
to
Departments/Agencies and v.v.
- It is not for the President to determine the validity
of the law, it is the function of the judiciary. Unless
and until such law is declared unconstitutional,
President has the duty to execute it.
Power of Appointment
- Nominate and with consent of the Commission on
Appointments, appoint:
a.Heads of the executive departments
b.Ambassadors
c. Other public ministers and consuls
d.Officers of the armed forces from the rank of
colonel or naval captain
e.Other officers whose appointments are vested
in him in this Constitution
- Appoint all other officers of the Government whose
appointments are not otherwise provided by law
- Appoint those whom he may be authorized by law
to appoint.
- Congress may by law, vest appointment of other
officers lower in rank in the
a.President alone,
b.Courts
c. Heads
of
departments/agencies/commissions/boards
- Appointment: selection, by the authority vested
with the power, of an individual who is to exercise
the functions of a given office.
Designation: imposition of additional duties,
usually by law, to one who is already in public
service
Commission: written evidence of appointment
- Classification of Appointments
a.Permanent extended to persons possessing
the requisite eligibility and are protected by
security of tenure
b.Temporary extended to persons without
requisite eligibility, revocable at will, without
necessity of just cause or valid investigation
Not subject to confirmation by
Commission on Appointment
If confirmation erroneously given, will not
make it a permanent appointment
Designation is considered only an acting or
temporary appointment
c. Regular made by President while Congress
is in session
Takes effect upon confirmation of
Commission on Appointment
Once approved, continues until end of
term of the appointee
d. Ad interim made by President while
Congress is not in session
Takes effect immediately but ceases to
be valid if disapproved by the
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Commission on Appointments or upon
next adjournment of Congress (by-passed
through inaction)
Intended to prevent interruptions in vital
government services
Permanent and cannot be withdrawn by
the President once the appointee has
qualified
If disapproved by the Commission on
Appointments can no longer be
extended a new appointment; decision of
the Commission is final and binding
If by-passed President is free to renew
the ad interim appointment
- Officials who are appointed by the President
Does NOT require confirmation by COA
a.Commissioner of Customs
b.Philippine Coast Guard
c. Chairman of Commission of Human
Rights
d.NLRC Chairman and Commissioners
- Congress cannot by law require confirmation of
appointments of government officials other than
those mentioned in the Constitution
- Steps in the Appointing Power
a.Nomination by President
b.Confirmation by COA
c. Issuance of the Commission
- Appointment is deemed complete upon
acceptance; pending such acceptance, the
appointment may still be validly withdrawn
- Discretion of Appointing Authority includes the
determination of the nature ad character of
appointment
- In case of vacancy in an office occupied by an alter
ego of the President, e.g. Department Secretary,
the President necessarily appoint the alter ego of
his choice. Congress, cannot by law, compel the
President
to
appoint
automatically
the
undersecretary as his temporary alter ego. An alter
ego, temporary or permanent, holds a position of
great trust and confidence.
- Special Limitations on the Presidents Appointing
Power
1.may not appoint his spouse or relatives by
consanguinity or affinity, within the 4th civil
degree as
a.members of Constitutional
Commission
b.Ombudsman
c. Secretaries
d.Undersecretaries
e.Chairmen/heads of bureaus/offices/GOCCs
2.appointments made by acting president shall remain
effective unless revoked by elected President w/in
90 days from assumption of office
3.2 months immediately before the next presidential
election and up to the end of his term, a President
or acting President shall not make appointments
EXCEPT temporary appointments to executive
positions when continued vacancies will prejudice
public service or endanger public safety
No law that prohibits local executive officials
4.Congress power to prescribe qualifications
5.Judiciary may annul an appointment made by
President of the appointee is not qualified or has not
been validly confirmed.
- Power of Removal
Implied from power of appointment
President cannot remove officials appointed by
him where the Constitution prescribes certain
methods for separation of such officers from
service
Chairman and commissioners of Constitutional
Commissions impeachment
Judges disciplining authority of SC
Where power of removal is lodged in President:
a.Cause as may be provided by law
b.Prescribed administrative procedure
Members of career service of the Civil Service
who are appointed by the President may be
directly disciplined by him
Members of Cabinet and Officers whose
continuity in office depends upon pleasure of
President replaced any time; separation is
not by removal but EXPIRATION of term.
Power of Control
-President shall have control of all
Executive departments
Bureaus
Offices
-Control: power of an officer to alter, modify, set
aside, or nullify what a subordinate had done in the
performance of his duties and to substitute the
judgment of the former for that of the latter.
Supervision: overseeing; the power of an officer to
see that subordinate officers perform their duties,
and if the latter fails or neglects to fulfill them, then
the former may take such action or steps as
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prescribed by law to make them perform these
duties.
- Alter Ego Principle/Doctrine of Qualified Political
Agency
All executives and administrative organizations
are adjuncts of the Executive department
The heads of the various executive departments
are assistants and agents of the Chief Executive
And, except in cases where the Chief Executive
is required by the Constitution or law to act
personally OR the exigencies of the situation
demand that he act personally, the multifarious
executive and administrative functions of the
Chief Executive are performed by and through
the executive departments,
And the acts of Secretaries, performed and
promulgated in the regular course of business
are, unless disapproved or reprobated are
presumptively the acts of the Chief Executive.
- President may exercise powers conferred by law
upon Cabinet members or subordinate executive
officers.
- Power of the president to reorganize the National
Government may validly be delegated to his Cabinet
members exercising control over a particular
executive department.
- Appeal to the President from decisions of executive
officers, including Cabinet members, complete the
exhaustion of administrative remedies.
Exception: Doctrine of Qualified Political Agency
applies, in which case the decision of Cabinet
Secretary carries the presumptive approval of
the President, thus there is no need to appeal to
the President.
- Power of control may be exercised over the acts,
NOT over the actors
- Power of control of Secretary of Justice over
prosecutors
Decisions/Resolutions of prosecutors are subject
to appeal to the Secretary of Justice who
exercises power of direct control and
supervision over prosecutors.
Where Secretary exercises power of review only
after an information is filed, TC should defer or
suspend arraignment and other proceedings until
appeal is resolved. HOWEVER, the TC is not ipso
facto bound by the resolution of the Secretary,
because jurisdiction, once acquired is not lost
despite the resolution of the Secretary to withdraw
the information or to dismiss the case.
Military Powers
- Commander-in-Chief of all armed forces of the
Philippines
- If necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or
rebellion.
- In case of invasion or rebellion, when public safety
requires it, he may, for a period not exceeding 60
days, suspend the privilege of the writ of HC or
place the Philippines or any part thereof under
martial law.
- Commander-in-Chief Clause
Conduct of saturation drives or areal target
zoning
Exercises discretionary power
Only criterion, whenever it becomes necessary
Discretionary authority to declare state of
rebellion
Court may only look into the sufficiency of the
factual basis for the exercise of the power.
Mere declaration of a state of rebellion cannot
diminish or violate constitutionally protected
rights
Power to organize courts martial for the disciple
of members of the armed forces
Power to create military commissions for the
punishment of war criminals
Military tribunals cannot try civilians when civil
courts are open and functioning
Members of the PNP are not within the
jurisdiction of the military court
RA 7055, lawmakers intended to return to
civilian courts jurisdiction over offenses that
have traditionally within their jurisdiction but
did not divest the military courts jurisdiction
over cases mandated by the Article of War
a.Disrespect towards the President
b.Disrespect towards Superior Officer
c. Sedition/Mutiny
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d.Conduct Unbecoming an Officer and a
Gentleman
e.General Articles of the Articles of War
- Suspension of the privilege of the writ of HC
Grounds: invasion or rebellion, when public
safety requires it
Duration: not to exceed 60 days, unless
extended by Congress
Duty of President to Report action to Congress:
w/in 48 hours, personally or in writing
Congress may revoke or extend by a majority
vote of all its members, voting jointly
SC may review upon proceeding filed by any
citizen, as to the sufficiency of factual basis. It
must promulgate its decision w/in 30 days from
its filing.
Suspension does not impair the right to bail.
Suspension applies to persons judicially
charged for rebellion or offenses inherent in or
directly connected with invasion
During suspension, any person thus arrested
shall be judicially charged w/in 3 days,
otherwise he shall be released.
- Martial Law
NOT Suspend operation of the Constitution
NOT Supplant the functioning of civil courts or
legislative assemblies
NOT authorize conferment of jurisdiction on
military courts and agencies over civilians
where civil courts are able to function
NOT automatically suspend the privilege of the
writ
Pardoning Power
-Except in cases of IMPEACHMENT or AS OTHERWISE
PROVIDED IN THE CONSTITUTION
-May grant, after conviction by final judgment
a.Reprieves
b.Commutations
c. Pardons
d.Remit fines and forfeitures
-May grant Amnesty with concurrence of a majority
of all members of the Congress
-Pardon: act of grace which exempts the individual
from punishment that the law inflicts upon the
crime he has committed
-Commutation: reduction or mitigation of penalty
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PARDON
Addressed to political
offenses
Classes of persons
Individual
Acceptance needed
Concurrence by Congress
Nope
Treaties
International Agreements
International agreements
which involve political
issues or changes of
national policy
International agreements
involving adjustments of
details carrying out well
established national
policies and traditions
Involving arrangements of
permanent character
Involving arrangements of
a more or less temporary
nature
Borrowing Power
- Contract or guarantee foreign loans on behalf of
the Republic, with prior concurrence of Monetary
Board and subject to such limitations as may be
provided by law.
- MB, shall w/in 30 days from end of every quarter,
submit to the Congress a complete report of its
decisions on applications for loans to be
contracted
or
guaranteed
by
the
Government/GOCC which would have the effect
of increasing the foreign debt, and containing
other matters as may be provided by law.
Diplomatic Power
- No treaty or international agreement shall be valid
and effective unless concurred in by at least 2/3 of
all members of the Senate.
- Treaties vs. International Agreements
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or had failed to exercise necessary and reasonable
diligence in conducting the necessary investigations
required under the rules.
It cannot be overemphasized that Section 1 of both the
Rules on the Writ of Amparo and Habeas Data expressly
include in their coverage even threatened violations
against a persons right to life, liberty or security.
Further, threat and intimidation that vitiate the free will
although not involving invasion of bodily integrity
nevertheless constitute a violation of the right to
security in the sense of freedom from threat.
BRILLANTES VS COMELEC
The quick count under the guise of an unofficial
tabulation would not only be pre-emptive of the
authority of congress and NAMFREL, but would also be
lacking constitutional and/or statutory basis. Congress
has the sole and exclusive authority to officially canvass
the votes for the elections of President and VicePresident. NAMFREL is solely authorized and the dulyaccredited citizens arm to conduct the unofficial
counting of votes for the national or local elections.
CIVIL LIBERTIES UNION VS. THE EXECUTIVE SECRETARY
ANTI-GRAFT LEAGUE OF THE PHILIPPINES, INC. VS.
PHILIP ELLA C. JUICO, ET. AL.
While all other appointive officials in the civil service are
allowed to hold other office or employment in the
government during their tenure when such is allowed by
law or by the primary functions of their positions,
members of the Cabinet, their deputies and assistants
may do so only when expressly authorized by the
Constitution itself. In other words, Section 7, Article I-XB
is meant to lay down the general rule applicable to all
elective and appointive public officials and employees,
while Section 13, Article VII is meant to be the exception
applicable only to the President, the Vice- President,
Members of the Cabinet, their deputies and assistants.
The prohibition against holding dual or multiple offices
or employment under Section 13, Article VII of the
Constitution must not, however, be construed as
applying to posts occupied by the Executive officials
specified therein without additional compensation in an
ex-officio capacity as provided by law and as required by
the primary functions of said officials' office. The reason
is that these posts do no comprise "any other office"
within the contemplation of the constitutional
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INTEGRATED BAR OF THE PHILIPPINES vs. ZAMORA
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.
PEOPLE V. JOSE PATRIARCA
Pardon is granted by the Chief Executive. 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 CE with the
concurrence of Congress is a public act of w/c the courts
should take judicial notice.
NERI VS. SENATE COMMITTEE
Executive privilege is not a personal privilege, but one
that adheres to the Office of the President. It exists to
protect public interest, not to benefit a particular public
official. Its purpose, among others, is to assure that the
nation will receive the benefit of candid, objective and
untrammeled communication and exchange of
information between the President and his/her advisers
in the process of shaping or forming policies and arriving
at decisions in the exercise of the functions of the
Presidency under the Constitution.
CLINTON VS JONES
A sitting President of The United States does not have
immunity from civil lawsuits based on the Presidents
private actions unrelated to his public actions as
President..