Constitutional Law 1 l Atty.
Renato Galeon l Reviewer by Tanya Ibaez
ARTICLE 7 EXECUTIVE DEPARTMENT
The executive power shall be vested in the President of the Philippines
QUALIFICATIONS OF P & VP
Qualifications
Section 2
1. Natural-born Filipino
2. Registered voter
3. Able to read and write
4. At least 40 years old on the day of elections
5. Resident of the Philippines for a period of 10 years immediately
preceding the elections
Take Note: These qualifications are mutually exclusive - that Congress
cannot pass a law providing for additional requirements.
Term of Office
1. They are to be elected at large (nationwide). Even Filipino voters
abroad can vote pursuant to the RA9189 Absentee Voters Act.
2. Elected for a term of 6 years, which shall commence at noon of
June 30 next following the elections and at noon of June 30, six
years thereafter.
President
Sec 4 Art 7. The President shall not be eligible for any reelection. No
person who has succeeded as President and has served as such for
more than four years shall be qualified for election to the same office at
any time
Why was Erap allowed to run?
Sec 4 par 2. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected. (Estrada v. Arroyo
It was ruled that Erap resigned)
Illustrations
1. Suppose a president served for a full term of 6 years, thereafter,
he rested for 6 years. May he run again after resting for 6 years?
Answer: NO. Because the president shall not be eligible for
"any" reelection at any given time.
2. Why was Erap allowed to run?
Answer: Blame Arroyo because when Erap ran, disqualification
cases were filed against him but the Comelec ruled that Erap
could run because anyway it is up for the people to choose their
own president. Everyone suspected that it was the handiwork of
Gloria Arroyo because the administration bet was GiboTeodoro
and there were a lot of candidates coming from the opposition -
Noynoy, Villar, Erap and Gordon. And it would appear that the
administration of Gloria Arroyo subscribed to the maxim divide
and rule. Hence, let Erap run in the hope that the votes for the
opposition will be divided.
The Comelec rendered a decision in favor of Erap. It was
questioned before the SC but either by design, the petition for
certiorari was defective such that it was dismissed and denied
due course by the SC. The SC did not decide the case on the
merits. Hence, there is no definitive ruling on whether or not
Erap could run. Moreso, the issue has already become moot and
academic by the proclamation of Noynoy as president.
Vice President
The Vice-President may not serve office for more than 2 consecutive
terms. (Hence, he is eligible for reelection, but cannot serve for more
than 2 consecutive terms)
Sec 4 par 2. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected.
Illustrations
1. After serving for 12 years, the vice-president rested for 6 years.
Is he qualified to run again?
Answer: There is as yet no definitive ruling, but it would appear
that he can, because what the law prohibits is only the service
of more than two consecutive terms.
Sec 5 Art 18. The President and the Vice President elected during Feb
7, 1986 elections (Cory Aquino and Laurel) served office longer than 6
years. - their term would have to be extended until noon of June 30,
1992 for purposes of synchronization of elections in 1992.
Presidential and Vice Presidential Races
Who would canvass the votes?
Sec 4 par 4. Congress is vested with the power to canvass the votes
for the presidential and vice-presidential elections and proclaim the
winners thereof.
For the election of P and VP as certified by the board of canvassers of
each province or city shall be transmitted to Congress directed to the
Senate President.
Senate President shall, not later than 30 days following the elections,
open the certificates of canvass in the presence of the Senate and
House of Reps in joint session assembled. After determining the
authenticity of the certificates of canvass, Congress shall then canvass
the votes for the president and vice-president, respectively. Whoever
shall garner the highest votes shall be proclaimed as winner.
Only Congress can canvass the votes
Sec 4 Art 7. It is only Congress which can canvass the votes for and
declare the winners in the P & VP elections.
Macalintal v. Comelec GR No. 157013 June 10, 2004
The SC nullified the provision under Sec 18 par 5 of RA9189 Absentee
Voters Act empowering the Comelec to canvass the votes for the P &
VP elections involving absentee voters.
In case of tie
Where two or more shall have an equal and highest number of votes,
Congress will decide by the vote of a majority of all the members of
both Houses in joint session but voting separately.
What happens if Senate chose Noynoy but House of Reps
chose Gibo?
Answer: They will have another caucus until such time that both
Houses will be in agreement as to who would be declared as
winner.
In the case of the members of Senate and the House of reps, any
election contest involving the members thereof shall be decided by the
SET or the HRET.
But who shall decide cases involving election contests pertaining
to P & VP elections?
Answer: The Supreme Court, sitting en banc, shall be the sole
judge of all contests relating to the election, returns, and
qualifications of the President or Vice- President.
Take Note: The SC, in deciding such cases will not be governed by the
procedures set forth in the Rules of Court. It has a different procedure
because the SC in deciding such cases will be acting as the
Presidential Electoral Tribunal.
Oath Taking
Sec 5. Once the winners in the P & VP elections are proclaimed, they
are mandated to take the oath of office before they could enter on the
execution of their office.
"I do solemnly swear (or affirm) that I will faithfully and conscientiously
fulfill my duties as President (or Vice-President 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." (In case of affirmation, last sentence will be
omitted.)
Privileges
1. President will have an official residence - Malacanang palace
2. The salaries of the President and Vice-President are fixed by
law. Cannot be decreased during their term of office. (Annual
salary: P-300k, VP-200k)
Any increase in the salary may be allowed but it shall take effect only after
the expiration of the term of the incumbents
3. Immunity from suit
There is no express provision in the Constitution giving presidential state
immunity from suit, but this was ordained pursuant to a case law by the
Supreme Court.
Forbes v. Tiaco 16 Phil 534
Decided in the case of Estrada v. Arroyo. Immunity from suit vested upon
the president is vested only by a case law. Practical considerations -
inability of the president to function properly; preoccupied with defending
cases.
Constitutional Law 1 l Atty. Renato Galeon l Reviewer by Tanya Ibaez
Limitations
1. Cannot receive any other form of emoluments from the
government or other sources
Take Note: Sec 3 par 2. The VP may be appointed by the
President as a member of the Cabinet, without need for
confirmation by the Commission on Appointment.
Illustration
Suppose the VP is appointed by the P as a member of the cabinet, is
the VP entitled to the salary appertaining to such cabinet position?
Answer: NO, because of the prohibition imposed under Sec 6. But
allowances are allowed.
Vacancy in the Office of the President
What happens where there is vacancy in the office of the president?
Two provisions dealing with presidential succession:
1. Section 7 - Deals with a situation where the vacancy occurs
before or during the beginning of the term of office of the
president.
2. Section 8 - Deals with a situation where the vacancy occurs
during the incumbency of the elected president.
Presidential Succession under Section 7
(1) If a President shall not have been chosen, the Vice-President-
elect shall become the acting President (acting only, not
permanent) until a President shall have been chosen and
qualified.
Illustrations
1. During the canvassing of votes, there was a tie involving two
presidentiables but no tie involving VPs. Naturally, the VP is
proclaimed and takes his oath. If the Congress still hasn't
chosen the winning President, the VP shall become the
acting President, until such time that a President is chosen.
2. When the president shall not have qualified yet and the VP
has already been proclaimed and taken his oath. The VP
elect will become the acting president.
Example. Noynoy is proclaimed as winner but at the
scheduled oath taking, Noynoy was not able to make it
because he had to undergo surgery. Noynoy, while already
proclaimed as winner, has not yet qualified. Where that
happens, the VP shall be the acting president, until such
time that Noynoy is qualified.
(2) If at the beginning of the term of the President, the President-elect
shall have died or have become permanently disabled, the Vice-
President-elect shall become President.
Illustration
1. Noynoy got proclaimed as winner, but a bomb exploded
during the oath taking causing his instantaneous death.
Where that happens, the VP elect will become permanent
President of the Philippines.
Vacancy in the office of the Vice President
How should such vacancy be filled up?
Apply Sec 9. The President shall nominate the Vice President from
among the members of Congress. The persons nominated shall
assume the position as VP, the moment the nomination is confirmed
by a majority vote of all members of Congress in joint session but
voting separately.
Vacancy in the Offices of the President and the Vice President
When no President or Vice-President shall have been chosen or shall
have qualified, or where both shall have died or become permanently
disabled, the Senate President or, in case of his inability, the Speaker
of the House of Representatives shall act as President. (Only acting
and not permanent president)
Illustrations
1. If the Senate President becomes the acting President, will the
Speaker of the House also become the acting Vice-President?
Answer: NO. It's not provided for in the Constitution. There is
only an acting President.
2. What happens if the Senate President and Speaker of the
House are likewise incapacitated? Who becomes the acting
President?
Answer: Sec 7 Congress is mandated to enact a law to deal with
such particular situation.
Special Elections
Sec 10. The Congress shall, at ten o'clock in the morning of the third
day after the vacancy in the offices of the President and Vice-President
occurs, convene in accordance with its rules without need of a call and
within seven days enact a law calling for a special election to elect a
President and a Vice-President to be held not earlier than forty-five
days nor later than sixty days from the time of such call.
Does it always follow that where there are permanent vacancies in the
offices of the P and VP, there be special elections?
Answer: Where the vacancies occurred within 18 months before the
next presidential elections, there shall be no more special elections.
A law calling for special elections is deemed certified
Such that the readings thereof in three separate days, the printing and
distribution of copies thereof may be validly dispensed with. Any such
bill will become a law after its approval at the third reading, without the
signature of the president.
Budget or funding for special elections
Charged as against any available funding or appropriation. It is
considered as an exception to the rule that special appropriation bills
should be supported by funds actually available as certified by the
national treasury.
A bill calling for special elections, it need not be supported by a
certification coming from the national treasury that there is an available
funding.
Rationale: We cannot sanction a situation where we do not have a
permanent P & VP.
Presidential Succession under Section 8
(1) In case of death, permanent disability, removal from office, or
resignation of the President, the Vice-President shall become
the President to serve the unexpired term.
Example: Gloria became the successor of Erap and she served
the unexpired portion of Erap's term.
(2) In case of death, permanent disability, removal from office, or
resignation of both the President and Vice-President, the Senate
President or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President
or Vice-President shall have been elected and qualified.
Take Note: Special elections shall be called but where the vacancies
occurred within 18 months before the next presidential elections, there
shall be no more special election. Read sections 7 and 8 in conjunction
with sections 9 and 10
Instances where the Vice-President would become the acting
President
Section 11
1. Whenever the President transmits to the Senate President and
the Speaker of the House his written declaration that he is
unable to discharge the powers and duties of his office.
2. Whenever a majority of all the Members of the Cabinet transmit
to the Senate President and to the Speaker of the House their
written declaration that the President is unable to discharge the
powers and duties of his office.
Take Note:
If such declaration is disputed by the President, such that the President
transmits to the Senate President and to the Speaker of the House his
written declaration that no inability exists, he shall reassume the
powers and duties of his office.
But if within 5 days, majority of the members of the Cabinet would
dispute the refutation of the President, the capacity or incapacity of the
President will be decided by Congress.
If the Congress is not in session, it shall convene within forty-eight
hours without need of call from such declaration.
10 days following the receipt of the last written declaration or 12 days
from the time the Congress is convened when it was not in session at
first, it has to make a decision:
Constitutional Law 1 l Atty. Renato Galeon l Reviewer by Tanya Ibaez
Required number of votes
2/3 votes of the members in joint session but voting separately. If
President is determined to be incapacitated, Vice President shall
become acting President. Otherwise, the President reassumes his
position.
When the President is suffering from serious illness
Section 12
Contemplates of a situation where the President is suffering from a
serious illness. The public should be informed of the actual health
condition of the president. The members of the Cabinet in charge of
national security, foreign relations and the Chief of Staff of the Armed
Forces shall not be denied access to the President.
Reason. During the time of Marcos, the public were not sufficiently
informed about the true health condition of Marcos.
Restrictions on the members of the Presidential Family
Section 13
Presidential family is composed of:
- President
- Vice President
- Members of the Cabinet
- Assistants and their deputies
1. Prohibited from holding any other office or employment in the
government, public or private corporation.
Unlike Congress where the prohibition only applies in government offices
Exceptions:
Unless otherwise provided for in the Constitution.
a. Vice President may be appointed as member of the
Cabinet
b. DOJ Secretary is also the ex officio member of the
Judicial and Bar Council
Where the second position could be considered as extension
of office, adjunct and ancillary to the primary functions
a. Secretary of Labor is also the ex officio member of the
Board of PEZA (Phil Estate Zoning Authority)
b. Secretary of Transportation and Communications is
also the ex officio chairman of the Board of the
Philippine Ports Authority
2. Prohibited from having any financial or business interest in a
contract, franchise or privilege granted by the government or
any of its instrumentalities including government-owned or
controlled corporations.
Unlike Congress where they are only required to make a full
disclosure of their financial assets but not completely divest
themselves of any financial interests or shareholdings
3. Altogether prohibited from directly or indirectly practicing
their profession.
Unlike Congress where they can practice their profession. But if a
lawyer, prohibited only from personally appearing in court but can still
sign pleadings
4. Nepotism is prohibited. Prohibits the spouse of the
President, his relatives of affinity or consanguinity within the
4th civil degree from being appointed as members of the
various Constitutional Commissions.
(Comelec, COA, CSC, Ombudsman, Under/Secretaries of Bureaus
including government-owned or controlled corporations)
Powers of the President
Military Powers
1. Power to call out the Armed Forces to suppress any lawless
violence, invasion of rebellion. (The President shall be the
Commander-in-Chief of the Armed Forces of the Philippines)
Referred to as the calling out power of the President. (IBP v.
Zamora)
2. Power to declare martial law or suspend the privilege of writ of
habeas corpus.
Habeas corpus Special proceedings whereby the petitioner
seeks that a person illegally detained be produced in court.
What the president can suspend is the privilege of the writ of
habeas corpus (its effect and enforcement). The President
cannot therefore order that no habeas corpus may be filed nor
suspend the issuance of the writ by the courts.
Martial law Declared by the president to suppress lawlessness;
calls the Armed Forces to suppress invasion or rebellion. The
president is not given any additional powers.
Partial declaration of Martial Law is allowed. It does not have to
be throughout the Philippines.
Example: Maguindanao was declared under Martial Law
subsequent to the Maguindanao massacre.
Limitations on the Military Powers
Section 18
1. There can only be declaration of Martial law or suspension of the
writ of habeas corpus when there is invasion or rebellion and
more importantly, when public safety requires.
2. Any such suspension of the writ or declaration of martial law
shall only be for a period of 60 days, unless extended or revoked
by Congress.
3. The President is mandated to make a report to Congress within
48 hours following such declaration of Martial Law or suspension
of the writ personally or in writing. (Congress is mandated to
convene within 24 hours from such declaration)
4. Congress can suspend or revoke such declaration of martial law
or suspension of the privilege of the writ. Such revocation cannot
be set aside by the president. (No veto power)
Voting requirement. Majority of all the members of Congress in joint
session, voting jointly.
Downside. By the same number of votes and upon the initiative of the
President, Congress can extend the effectivity of the martial law or
suspension of the privilege of the writ. (No time limit for as long as such
invasion or rebellion still exists)
5. Supreme Court is empowered to review the sufficiency or the
factual bases of the declaration of martial law or suspension of
the privilege of writ. Such petition may be filed by any citizen,
with no requirement anent legal standing.
Take Note. Supreme Court has to decide the case within a period of 30
days from the filing thereof.
Conflicting decisions in the past.
Montenegro case
The Supreme Court ordained that it had no power to determine the
sufficiency or insufficiency of the factual bases for the Presidents
declaration of martial law, because it is considered as a political
question.
Lansang v. Garcia
Supreme Court ruled that it had competence and power to review the
sufficiency or insufficiency of the factual bases for the Presidents
declaration of martial law.
Garcia Padilla v. Enrile
The Supreme Court reverted to its earlier ruling in the case of
Montenegro, holding that it had no power to determine the sufficiency or
insufficiency of the factual bases for the Presidents declaration of
martial law.
But now under Sec 18 Art 7, the Supreme Court is clothed with the
authority to entertain such petition questioning the validity of the
declaration of martial law.
6. The declaration of martial law would not suspend the operation
of the Constitution. Hence, the Constitution remains operative
even during Martial Law. It will also not dissolve the functioning
of the courts of law or the legislative body. Also, military courts
would have no jurisdiction over civilians.
Rationale: During the time of Marcos, military courts were
conferred authority over civilians.
Ruffy v. Chief of Staff
Pursuant to the military powers of the President, the President can
create military tribunals to decide cases involving war crimes.
Kuroda v. Jalandoni
The Supreme Court affirmed the jurisdiction of the military tribunals to try
and decide war crimes cases.
Aquino v. Military Commission No. 2
The Supreme Court ruled that military tribunals would have jurisdiction
over civilians. (Because it was during the time of Marcos)
Olaguer v. Military Commission No. 34
Supreme Court ruled that military commissions would have no
jurisdiction over civilians.
Constitutional Law 1 l Atty. Renato Galeon l Reviewer by Tanya Ibaez
7. The declaration of martial law does not necessarily carry with it
the suspension of the writ of habeas corpus
Take Note. The suspension of the privilege of habeas corpus would only
apply to persons judicially charged of rebellion or for offenses necessarily
connected with invasion. (continuing offenses can be arrested without
warrant of arrest)
Hence, if a person detained for murder, habeas corpus is still available
because the suspension of the privilege of the writ applies only to cases
involving rebellion or invasion.
Even during the suspension of the privilege of the writ of habeas corpus,
persons arrested must be judicially charged in court within 3 days
following their arrest. Otherwise, they should be released from custody.
8. Sec 13 Art 3. Even during Martial Law or when the privilege of
the writ is suspended, bail is still available for his temporary
liberty pending the trial of the case.
If arrested for rebellion (non-bailable offense), can bail still be availed of?
There has to be concurrence. The evidence of guilt must be strong.
Otherwise, the person may be entitled to bail.
Appointing Power
Section 16
Appointment
Process of selection by the authority vested with the power, of the
person who is to perform the functions of an office.
Two kinds:
1. Permanent Appointment
It is extended when the appointee has all the necessary
qualifications and the requisite eligibility for the office. Enjoys
security of tenure.
2. Temporary Appointment
It is extended when the appointee does not have all the
necessary qualifications and the requisite eligibility for the office.
Services may be terminated at will, even without cause.
Appointment v. Designation
Appointment Method of filling up a position.
Designation The process of giving additional functions to a person
who is already occupying a position.
Take Note. But there are situations where a person is merely
designated to perform a particular function (Services may be
terminated at will; Hence, there is a similarity between temporary
appointment and designation)
Appointing power of the President
Section 16. First paragraph is composed of two sentences:
(1) The President shall nominate, and with the consent of the
Commission on Appointments, appoint the heads of the
Executive Departments, Ambassadors, Republic Ministers and
Consuls, Officers of the Armed Forces (Colonel or Naval
Captain), and those whose appointments are vested in him in
the 1987 Constitution.
(2) He shall also appoint other officers of the government whose
appointments are not otherwise provided for by law and those
whom he may be authorized by law to appoint.
Take Note. The first paragraph consists of two sentences.
Sarmiento v. Mison
Where the President would make appointments pursuant to the first sentence of
Section 16, then such appointments would need confirmation of the
Commission on Appointments. Whereas if the President would make
appointments pursuant to the second sentence, said appointment would not
need confirmation of the Commission on Appointments.
Appointment of officers pursuant to the 1st sentence
Needs confirmation of the Commission on Appointments
1. Heads of the Executive Departments
2. Ambassadors, Public Ministers or Consuls
3. Officers of the Armed Forces (Colonel or Naval Captain)
4. To officers whose appointments are vested in him in the 1987
Constitution.
General Rule: Officers whose appointments are vested in the
President by the 1987 Constitution (Needs confirmation of the
Commission on Appointments)
1. Chairman and members of the Constitutional Commissions
(CSC, COMELEC, COA)
2. Regular members of the Judicial and Bar Council
3. Sectoral Representatives (Before the party-list elections)
Velez v. Commission on Appointments 177 SCRA 259
The appointment by the President of a sectoral representative would
need confirmation of the Commission on Appointments because such
appointment would fall within the purview of the first sentence of
Section 16.
Exceptions: Officers whose appointments are vested in the President
by the 1987 Constitution (Needs no for confirmation by the
Commission on Appointments)
1. Justices of the Supreme Court and judges of the lower courts
2. Ombudsman and his deputies
3. Vice-President as a member of his Cabinet
Simplified Rule:
When the President would appoint officers whose appointments are
vested in him by the Constitution, generally, said appointments would
need confirmation by the Commission on Appointments, except when
the Constitution provides otherwise.
Appointment of officers pursuant to the 2nd sentence
Needs no confirmation by the Commission on Appointment
Appointment of officers of the government whose appointments are not
otherwise provided for by law and those whom he may be authorized
by law to appoint.
1. Chairman of the Commission on Human Rights
Concepcion Bautista v. Salonga 172 SCRA 16
The appointment by the President of the chairman of the Commission on
Human Rights would not need confirmation by the Commission on
Appointments because it falls within the purview of the 2nd sentence of sec 16.
If the President would appoint officers whose appointments are vested
in him by a law, not by the Constitution, then said appointment needs
no confirmation by the Commission on Appointment.
Illustration
What if the law vests upon the President the power to appoint certain
government officials but the law itself provides that such appointment
would need confirmation by the Commission on Appointments? Should
such appointment be confirmed by the Commission on Appointments?
Answer: NO.
Calderon v. Caralle 208 SCRA 254
Sec 215 of the Labor Code, as amended, the chairman and the members of the
NLRC would have to be appointed by the President and the Labor Code itself
provides that said appointments should be confirmed by the Commission on
Appointments. The Supreme Court ruled that any such condition as thus
imposed by the law would be unconstitutional.
Steps to follow in making Presidential Appointments
1. The President nominates the would-be appointee
2. The appointment would be confirmed by the Commission on
Appointments (If such appointment would need confirmation)
3. The appointed prater via the issuance of the commission a
written declaration
4. Acceptance by the appointee
Take Note. These processes would have to be followed when the
President would appoint officials in the government while Congress
is in session.
Reason. Sec 19, Art 6. When Congress is in session, the
Commission on Appointments is likewise in session.
Where Congress is in recess, such that the Commission on
Appointments is likewise in recess, these steps need not be
followed.
Appointments while Congress is in recess
The President may appoint at once a government officer, and the
confirmation by the Commission on Appointments would just come
later.
Regular Appointment When the President appoints government
officers while Congress is in session.
Ad interim Appointment - When the President appoints government
officers while Congress is in recess.
Illustrations
1. Is ad interim appointment valid?
Answer: Yes, it is valid until disapproved by the Commission on
Appointments or until the next adjournment of Congress.
Constitutional Law 1 l Atty. Renato Galeon l Reviewer by Tanya Ibaez

President extended an ad interim appointment when Congress
was in recess. The appointment is valid until disapproved by
the Commission on Appointments or where the same has not
been acted upon by the Commission on Appointments, until its
adjournment.
If the ad interim appointment is disapproved, the appointment
ceases to be valid.
Why was the midnight appointment of Corona allowed?
Because according to the Supreme Court, we have sec 4 par 1
and sec 9 of Art 8, which provides that vacancies in the
Judiciary, especially the Supreme Court, shall be filled up
within 3 months following such vacancy. And according to the
Supreme Court, the provisions above stated are exceptions to
the prohibition imposed under Sec 15 of Art 7.

If the ad interim appointment is not acted upon by the But before that, there was already a decided case
Commission on Appointments, the appointment is valid only
until the Commission on Appointments adjourns. In the matter of Mateo Valenzuela 98-5-01-SC November 9, 1998
The Supreme Court said that appointments in the Judiciary would have
2. Suppose during the recess of Congress, the President to defer to the prohibition imposed under Sec 15 Art 7 of the 1987
extended an ad interim appointment to X. If the Commission on Constitution.
Appointments disapproves the appointment of X, may he be
reappointed or nominated by the President to the same Nicastro v. Judicial and Bar Council
position? GR No. 192002 March 17, 2010
The case of Corona is the subject matter in this case. Coronas
appointment was valid according to the Supreme Court. Sec 4 par 1
Answer: NO, because there is already a decision made by the and sec 9 of Art 8 somehow modify the prohibition imposed under Sec
Commission on Appointments, rejecting the appointment of X 15, Art 7 of the 1987 Constitution.
for such particular position.
Take Note:
But notwithstanding the disapproval of Xs ad interim The prohibition under Sec 15 applies only to presidential appointments.
appointment to such particular position, X may still be It does not apply to midnight appointments made by local chief
appointed by the President to another position. executives like outgoing provincial governors or mayors.
3. President extended an ad interim appointment to X, but when De Rama v. Court of Appeals GR NO. 131136 February 28, 2001
Congress resumed its session, the Commission on The prohibition under Sec 15 applies only to presidential appointments. It does
Appointments failed to act on the ad interim appointment of X. not apply to midnight appointments made by local chief executives like outgoing
The appointment of X is considered to have been bypassed by provincial governor or mayor.
the Commission on Appointments. Can the President reappoint
X to the same position? Removal Power
Appointing authority necessarily carries with it the power to remove the
Answer: YES, because there is no decision yet disapproving appointees. Such that when the President appoints the members of his
his previous appointment. cabinet, then the President has the power to remove them.
Matibag v. Benifayo GR No. 149036 April 2, 2002 However, it does not necessarily follow that all appointees of the
When the ad interim appointment is simply bypassed, the appointee
President may be removed by him.
may be reappointed to the same position, because there is as yet no
decision made by the Commission on Appointments. 1. Justices of the Supreme Court
2. Chairman and members of the Constitutional Commissions
4. Can the President appoint a cabinet secretary in an acting 3. Ombudsman
capacity? 4. Judges of the lower courts (only the Supreme Court can
discipline or remove judges of the lower courts)
Answer: YES.
Take Note. While these officials were appointed by the President, they
Pimentel v. Ermita GR No. 164978 October 13, 2005 cannot be removed at will by the President. They may only be removed
Said appointment is valid for as long as it is made in good faith, by impeachment.
especially where the same is extended by the President to meet the
exigency of public service. Officials belonging to the career service they may not be removed by
the President without cause
Regular Appointment v. Ad Interim Appointment Sec 2 par 3 Art 9-B. Officials or employees of the CSC shall not be
suspended or removed, except for cause as otherwise provided by
law.
Regular Appointment Ad Interim Appointment
Hence, it would appear that only members of the Cabinet may be
removed by the President.
Extended by the President when Extended by the President when
the Congress is in session Congress is in recess
Control Power
Section 17
Appointment is made after Appointment precedes the The President shall have control of all the executive departments,
confirmation confirmation bureaus, and officer. He shall ensure that the laws be faithfully
executed.
Once the same is confirmed, it Valid until disapproved by the First sentence control power
continues after the expiration of Commission on Appointments or Second sentence take care clause
the term of the appointee until adjournment
Power of Control v. Power of Supervision
Limitations on the Appointing Power of the President
Power of Control Power of Supervision
1. Prohibition against nepotism. Prohibits the spouse of the
President, his relatives of affinity or consanguinity within the 4 th
civil degree from being appointed as members of the various (1) The superior has the power to Higher ranking official merely
Constitutional Commissions. alter, modify, nullify or set aside oversees the performance of the
the judgment or acts of the lower ranking official to see to it
2. Appointments made by the acting President may be revoked by subordinate. that the latter performs his
the elected President within 90 days from his assumption or re- bounden-duties within the
assumption of his office. (2) The superior officer has the parameters and confines of the
power to command the doing or law.
3. Section 15. Two months immediately prior to the next undoing of an act.
Presidential election and up to the end of his term, the acting
President or the President shall not make appointments except (3) Has the power to substitute his
temporary appointments to executive positions when the judgment for that of the
subordinate and may perform the
continued vacancy therein would endanger public safety or
acts ought to be performed by the
prejudice public service. subordinate.
Constitutional Law 1 l Atty. Renato Galeon l Reviewer by Tanya Ibaez

Control Power Espuelas v. Provincial Warden of Bohol

Mere commission of an offense is already considered as a violation of
Araneta v. Gatmaitan the conditional pardon. Conviction for such offense is not a
The Supreme Court justified the action of President Magsaysay in promulgating requirement.
the rules governing trawl fishing, when under the law, said duty is only lodged on
the Secretary of the Agriculture and Natural Resources. In as much as the
President has the power of control over the Secretary of Secretary of the Sumulong v. Gonzales
Agriculture and Natural Resources, then the President can validly perform the The Supreme Court reiterated its earlier ruling in the case of
duties ought to be performed by the subordinate. Espuelas.

Lacson-Magallanes v. Pano 2. Absolute pardon Excuses the person from service of

The Supreme Court justified the office of the President in reviewing the decision
of the Director of Lands, which under the law, would become final already once
approved by the Secretary of the Agriculture and Natural Resources. What the
President has over the lower subordinates was the power of control, such that he
can alter, modify, nullify or set aside the decision of his subordinates.
Ega Workers Association of the Phils v. Romulo
GR No. 160093 July 31, 2007
This power of control vested upon the President over all Executive Departments
would include the power to reorganize the various Executive offices.
Cabinet-Secretaries
They serve at the behest of the President. For as long as they enjoy
the trust and confidence of the President, then they can continue with
the performance of their functions. Hence, they are regarded as the
alter-egos of the President.
Alter-ego principle
Otherwise known as the doctrine of qualified political agency. The
acts of the cabinet secretaries, unless reprobated or disapproved by
the President, are considered as acts of the President himself.
All administrative offices are considered adjuncts of the office of the
President.
Take-Care Clause
The President shall ensure that the laws be faithfully executed. Simple
but became the decisive factor in the case involving the creation of the
Truth Commission by President Noynoy.
sentence. Needs no acceptance. Civil and political liberties
are restored but it would not serve to restore forfeited offices.
Monsantong v. Factoran
Convicted for estafa, falsification of public documents. He was a
treasurer and was granted absolute pardon. He wanted to reinstated
to his previous position. Supreme Court disagreed noting that
although what was granted was absolute pardon, it would not mask
the criminal infractions already committed. However, the person
granted absolute pardon may reapply for the same position. There is
no automatic reinstatement but he is not qualified from re-applying for
the same position.
Plenary pardon If involves the wiping out of accessory penalties
Partial Does not involve the wiping out of accessory penalties
Power to Grant Amnesty
Only applies to political crimes, normally granted to a class of persons,
such that individual acceptance is not required. Needs concurrence of
majority of members of Congress.
Pardon v. Amnesty
Pardon Amnesty
Extends to offenses which are not Only applies to political crimes
considered political crimes

Lagman v. Ochoa GR No. 193036 December 07, 2010

The creation by Noynoy of the Truth Commission to look into the anomalies Normally granted to an individual Normally granted to a group of
perpetrated by the past administration of Gloria was questioned. It was persons
contended by the petitioners that Noynoy had no authority to create such office
Truth Commission, because only Congress can validly create an office
because the creation of a public entails disbursement of public funds.
Private act of the President Public act of the president taken
The Supreme Court ruled that the President had the power to create the Truth must be pleaded and proved by cognizance by the jduge
Commission, pursuant to his power under the second sentence of sec 17. He the person claiming to be
created the Truth Commission to ensure that laws were faithfully executed pardoned
during the pas administration.

The Supreme Court sustained the authority of Noynoy to create the Truth
Commission. But just the same, the creation of such Commission was struck
Does not need concurrence of the Needs concurrence of majority of
down as void because it ran afoul with the equal protection clause, since it was Congress the members of the Congress
created to look into the anomalies perpetrated by the past administration of
Gloria Arroyo.

Laws he is supposed to enforce: Acceptance is a requirement Acceptance is not a requirement

1. Constitution
2. Statutes
3. Judicial decisions Looks forward. Does not erase Looks backward. As if in law, the
4. Administrative rules and regulations the criminality but only exempts offenders did not commit any
5. Municipal ordinances the person from any punishment crime at all.
6. Treaties entered into by the Phil government

Pardoning Power
Section 19 Borrowing Powers
Section 20
Except in cases of impeachment, or as otherwise provided in the
Constitution, the President may grant reprieves, commutations and While the President is vested with the power to contract or guarantee
pardons, and remit fines and forfeitures, after conviction by final foreign loans, he cannot do the same without the prior concurrence of
judgment. the monetary board.

He shall also have the power to grant amnesty with the concurrence of
a majority of all the members of the Congress.
Limitations on the Pardoning Power
1. Cannot extend to cases of impeachment
2. When the same is granted to an election offense, it has to be
extended with the favorable recommendation of the Comelec
3. Pardon presupposes final conviction by a final judgment
4. It cannot extend to persons cited in legislative and civil contempt
5. Does not wipe out any civil liability
6. Does not restore offices already forfeited
Monetary Board is mandated by law to submit a periodic report, 30
days after the end of every quarter, on matters pertaining to its
decisions and applications for foreign laws, especially where the same
would increase public indebtedness.
Diplomatic Powers
Section 21
The President can enter into treaties and international agreements, but
for said treaties to be valid, the same would need concurrence by 2/3
votes of the Members of the Senate. (Excluding the House of Reps)

Two kinds of Pardon: What is given to the Senate is concurrence power and NOT ratification
1. Conditional pardon needs acceptance (the conditions are power. Because the power to ratify treaties is lodged on the President.
only co-extensive with the penalty)
In case of violation: Rearrested and prosecuted for violation of Art Without the 2/3 concurrence, any such treaty or international
159 of the RPC agreement is not effective.
Constitutional Law 1 l Atty. Renato Galeon l Reviewer by Tanya Ibaez

How about executive agreements entered into by two presidents?
Would that need concurrence of the 2/3 of the members of the
Senate?
NO, because only International Agreements would need concurrence
of 2/3 of the Members of the Senate.
3. Must be a judge of the lower court or must be engaged in the
practice of law for 15 years or more
Cayetano v. Monsod
Practice of law is not limited to appearance in court or litigation. Any
activity involving the application of law already constitutes practice of law.

Budgetary Powers Judges of Collegiate Courts (CA, CTA)

Section 22
The President is mandated to submit within 30 days, from the opening
of every session of Congress, a budget of expenditures and sources of
finances, the same to serve as basis for the general appropriation act.
1. Natural-born Filipinos (Congress may want to provide for
additional qualifications
Judges of the Lower Courts (RTC, MTC, MTCC)

Read this provision in tandem with sec 24 Art 6 Any appropriation bill 1. Congress is given the power to provide for their qualifications.
must originate from the House of Representatives 2. The minimum qualification is that a judge should be a citizen of
the Philippines and should be a member of the Philippine Bar
Sec 25 par 1 Art 6 Congress may not increase the appropriation (Hence, they need not be natural-born Filipinos)
recommended by the President. 3. Engaged in the practice of law for 5 years (MTC)
4. Engaged in the practice of law for 10 years (RTC)
Informing Power
Section 23 Take Note. Members of the Judiciary must be a person of proven
competence, integrity, probity and independence
The President shall address Congress at the opening of its sessions. It
is couched in mandatory terms for it used the word shall, but in Appointments
actuality, it is not mandatory for the President to deliver a SONA during Section 9
the opening of the session of Congress. Justices of the Supreme Court and judges of the lower courts are to be
appointed by the President of the Philippines from at least 3 nominees
The powers of the President are not only those enumerated under prepared by the Judicial and Bar Council for every vacancy.
Article 7
1. Power to veto a bill Such appointments need no confirmation by the Commission on
2. Power to call for special session of Congress Appointments.
3. Power to exercise tariff powers if delegated
Reason. To ensure the independence of the Judiciary.
4. Emergency powers if delegated
5. Power to give consent to the deputization by the Comelec of For the lower courts, the President shall issue the appointments within
government officers 90 days from the submission of the list.
Manglapos v. Marcos In the matter of Mateo Valenzuela 98-5-01-SC November 9, 1998
Authority of President Corazon Aquino to bar the entry the of remains of Marcos. The Supreme Court said that appointments in the Judiciary would have to defer
It was contended by the heirs of Marcos that there is no law allowing Aquino to to the prohibition imposed under Sec 15 Art 7 of the 1987 Constitution.
prohibit the bringing in of the body of Marcos. She acted without authority. The
Supreme Court disagreed, noting that executive power is not the sum total of the
powers so enumerated under the Constitution. The President may exercise Nicastro v. Judicial and Bar Council
powers for as long as the same are executive in character. GR No. 192002 March 17, 2010
The case of Corona is the subject matter in this case. Coronas appointment
was valid according to the Supreme Court. Sec 4 par 1 and sec 9 of Art 8
JUDICIARY DEPARTMENT ART 8 somehow modify the prohibition imposed under Sec 15, Art 7 of the 1987
Constitution.
Judicial power shall be vested in one Supreme Court and such lower
courts as may be created by law. The Supreme Court upheld as valid the appointment of Chief Justice Corona
although it was made within 2 months prior to the expiration of the term of
Gloria Arroyo, which ostensibly is an exception according to the SC to the
The only Constitutional Court is the Supreme Court and the lower prohibition imposed under Sec 15 Art 7.
courts are merely statutory courts
Judicial and Bar Council
Statutory there are mere creations of legislations as may be enacted
Has regular members and ex-officio members.
by Congress.
Ex officio members
Other courts:
1. Court of Appeals Ex officio chairman Chief Justice of the Supreme Court
2. Sandiganbayan Other ex officio members:
3. Court of Tax Appeals 1. Secretary of Justice
4. Regional Trial Courts 2. A representative of Congress
5. Metropolitan Trial Courts
6. Municipal Trial Courts in Cities Chavez v. JBC GR 402242
7. Municipal Courts There was an issue as to representation in the JBC coming from Congress,
because in the past there were two representatives, one from each house. The
8. Municipal Circuit Trial Courts
Supreme Court ruled that there shall only be one representative coming from
9. Sharia Courts Congress.

Hierarchy of Courts
Regular members
Supreme Court the highest law of the land
1. Representative from the IBP (should serve office for 4 years)
Vargas v. Raza 2. Professor of law (3 years)
Supreme Court struck down as void a provision of the Peoples Court Act, 3. Retired Justice of the SC (2 years)
Section 20, creating a special supreme court to try collaboration cases. The 4. A representative of the private sector appointed by the
president was given the power to appoint ad hoc members of the Supreme Court President (1 year with confirmation of the Commission on
coming from the Court of Appeals and RTC. It would appear that there would be
Appointments)
two Supreme Courts. Regular Supreme Court, trying regular cases and Ad Hoc
Supreme Court, trying collaboration cases.
Take Note. Judging from the composition of the JBC, in the
appointments of the justices of the SC and judges of the lower courts,
Composition
there is still political influence.
There are 15 justices of the Supreme Court
1 Chief Justice
Reason.
14 Associate Justices Secretary of Justice as the ex officio member of the JBC
Representative from Congress which is a political
The Supreme Court must be sitting en banc, and in its discretion, may Representative appointed by President
have divisions in 3, 5 and 7 members.
Term of Office
Qualifications Section 11
Section 7
Members of the Judiciary justices of the Supreme Court and judges
Justices of the Supreme Court of the lower courts are given security of tenure. They shall serve until
1. Natural-born Filipinos good behavior or until reaching the mandatory retirement age of 70, or
2. At least 40 years old until such time that they shall become incapacitated.
Constitutional Law 1 l Atty. Renato Galeon l Reviewer by Tanya Ibaez

Impeachment Vests upon the Supreme Court the power to revise, review, reverse or
Justices of the Supreme Court - May only be removed by affirm on appeal or on certiorari, final decisions or orders of the lower
impeachment. They are appointed by the President but the President
courts over the cases enumerated therein:
cannot terminate their services at will.
1. All cases wherein the validity of a treaty, international
Judges of the lower courts appointed by the President but cannot be
agreement or executive agreement, law, PDs, ordinances is
removed by the President because only the Supreme Court en banc
has the power to discipline the judges or dismiss them from service. in issue.
Voting requirement: Majority votes of the members who actually took part in the Ynot v. Intermediate Appellate Court
deliberation of the case. Lower courts are equally clothed with judicial review. Only that the
decisions may still be reviewed by the Supreme Court in the
Fuentes v. Office of the Ombudsman
exercise of the SC of its appellate jurisdiction.
The Supreme Court ruled that the Ombudsman has no power to investigate
judges of the lower courts because it is only the Supreme Court vested the power
to investigate, discipline of remove judges of the lowers courts sec 11. 2. All cases decided by the lower courts involving the validity or
legality of any tax, impost, assessment, or toll, or any penalty
How about if there is a law reorganizing the Judiciary resulting in the abolition of imposed in relation thereto.
some salas or courts? May the judges of the lower courts be removed?
3. All cases wherein the jurisdiction of the lower courts is in
Answer: question
Ocampo v. Secretary of Justice 4. All criminal cases in which the penalty imposed is reclusion
Reorganization in the Judiciary resulting in the abolition of the offices or salas of
perpetua or higher. (Not the imposable penalty but the
the judges of the lower courts is not violative of security of tenure, because
security of tenure presupposes an office. Such that where the offices are penalty actually imposed)
abolished, then there is no security of tenure to speak of. People v. Mateo
In the past, automatic review is conducted by the Supreme Court.
Take Note. There is now an express provision to the end that no law However in this case, the Supreme Court ruled that any such
should be passed reorganizing the Judiciary, for it will undermine the criminal case must be reviewed first by the Court of Appeals.
security of tenure of its members.
5. All cases in which only an error or question of law is involved
Powers of the Judiciary
Sec 30 Art 6
Power of Judicial Review The appellate jurisdiction of the Supreme Court may be increased, but
The power of the courts of justice to check the validity of executive and such should be done with the prior concurrence of the Supreme Court.
legislative acts whether or not they are in accordance with the Without which, any such increase is considered invalid.
Constitution. Through this power, courts of law are now empowered to
inquire into the validity of executive and legislative acts to check if Fabian v. Desierto
these acts are in conformity with the Constitution. Under Sec 27 of RA 6770 Ombudsman Act, decisions of the office of the
Ombudsman and administrative cases may be appealed further in the Supreme
In the exercise of judicial review, the Judiciary as a whole is not Court. The Supreme Court struck down such particular remedy because it has an
effect of increasing the appellate jurisdiction of the Supreme Court, and such was
asserting its supremacy as it is not supreme over the other two
done without the prior consent of the Supreme Court.
branches, but it is merely performing its bounden duty under the
Constitution to allocate conflicting claims of authority.
Assignment of temporary judges
Hence, when the Judiciary performs its judicial power, it is not Sec 5 par 3
asserting its supremacy but that of the Constitution. Assign temporarily judges of lower courts to other stations as public
interest may require. Such temporary assignment shall not exceed six
Judicial review is only a part or component of judicial power.
months without the consent of the judge concerned
Essential Requisites of Judicial Review
Change of venue
1. Existence of an actual case or controversy Order a change of venue or place of trial to avoid a miscarriage of
2. Constitutional question must be raised by the proper party justice.
3. Constitutional question must be raised at the earliest opportunity
Promulgating Power
4. Any such question or issue must be decisive of the case. Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
Exclusive Jurisdiction admission to the practice of law, the integrated bar, and legal
Sec 5 par 1 assistance to the under-privileged. Such rules shall provide a simplified
Vests upon the Supreme Court original jurisdiction over the cases and inexpensive procedure for the speedy disposition of cases, shall
enumerated therein affecting be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special
1. Ambassadors
courts and quasi-judicial bodies shall remain effective unless
2. Public ministers disapproved by the Supreme Court.
3. Consuls
4. Over petitions on certiorari, mandamus, prohibition, quo Appointment
warranto and habeas corpus Appoint all officials and employees of the Judiciary in accordance with
* Shared with the Court of Appeals and the RTC the Civil Service Law
Terms
Jurisdiction authority of the court to take cognizance over the
case
Original jurisdiction petitions pertaining to these cases may be
filed directly with the Supreme Court
Certiorari Rule 65 A respondent is said to have acted beyond
the ambit of a given authority; grave abuse of discretion
Prohibition Petitioner seeks to prohibit the performance of an
act which is patently illegal
Mandamus Petitioner seeks to compel the performance of an
act ought to be performed by the respondent
Quo warranto Contest involving claims pertaining to an office
or position; Action that may be filed against a corporation for
abuse of its charter
Appellate Jurisdiction
Sec 5 par 2
Appellate jurisdiction of the Supreme Court (Cases may originate from
the lower courts, only that the decisions may be reviewed by the
Supreme Court, being the final arbiter)