Professional Documents
Culture Documents
This paper discusses the three departments of the Philippine Government (legislative, executive,
and judicial department) and three Constitutional Commissions, the principles and doctrines
underlying their structure and composition, and their respective roles, powers, and functions.
The paper basically discusses the Constitution of Government.
1. Explain the basic political law doctrines involving the Philippine Government;
3. Identify and compare the respective roles, functions and composition of the branches of the
government; and
4. Explain and distinguish the powers, functions, and jurisdiction of the three Constitutional
Commissions.
PRELIMINARIES
2. Definition of “Government of the Republic of the Philippines.” Under Section 2(1) of the
Administrative Code of the Philippines, the “Government of the Republic of the Philippines” is
defined as “the corporate governmental entity through which the functions of government are
exercised throughout the Philippines, including, save as the contrary appears from the context,
the various arms through which political authority is made effective in the Philippines, whether
pertaining to the autonomous regions, the provincial, city, municipal, or barangay subdivisions,
or other forms of local government.” In other words, it refers to the corporate institution which
acts as an instrument through which the people exercise their sovereignty. It is composed of the
central or national government and local government units.
SEPARATION OF POWERS
The Doctrine of Separation of Powers entails: first, the division of the powers of the government
into three, which are legislative, executive, and judicial; and second, the distribution of these
powers to the three major branches of the government, which are the Legislative Department,
Executive Department, and the Judicial Department. Basically, it means that the Legislative
Department is generally limited to the enactment of the law and not to implementation or
interpretation of the same; the Executive Department is generally limited to the implementation
of the law and not to the enactment or interpretation of the same; and the Judicial Department is
generally limited to the interpretation and application of laws in specific cases and not to the
making or implementation of the same.
From the examples above one can understand the corollary doctrine of “checks and balances.”
Under the doctrine, there is no absolute separation of the three branches of the government, but
to maintain their coequality each department checks the power of the others. Generally, the
departments cannot encroach each others’ power, but constitutional mechanisms allow each one
of them to perform acts that would check the power of others to prevent monopoly,
concentration, and abuse of power. For example, the Judicial and Bar Council recommends
nominees to the President so that the latter will not capriciously appoint someone whom he can
easily convert into a puppet and thereby become his medium to control the judiciary. In the same
way, the disbursement of public funds cannot depend solely upon the discretion of the President,
but must be based on legislation by the Congress.
Presidential System
The Philippines has a presidential form of government because it observes the principle of
separation of powers. The ordinary connotation of presidential system is that it is headed by a
president, as distinguished from a parliamentary system which is headed by a prime minister.
The real essence, however, of the presidential system and that which distinguishes it from the
parliamentary is its strict observance of the separation of powers. Under the presidential system,
any governmental act in violation of the said doctrine is null and void. The government is divided
into three branches and each is limited to the power delegated to it. On the contrary, under the
parliamentary form, the legislative and executive branches are “coordinate branches” so that the
two organs are fused together as one body performing both legislative and executive functions.
The Prime Minister, for example, is chosen from among the lawmakers in the parliament to
become the head of the state. His term is at the pleasure of the parliament, thus, making the
executive branch intrinsically merged with the legislative.
Legislative Power
1. Meaning. The word “legislative” is derived from the Latin “lex” which means “law.” In general,
legislative power refers to the power to make and unmake laws. Laws are rules or collection of
rules, whether written or unwritten, prescribed under the authority of a political society for the
common good. The “Legislative Department” (Legislature) is the law-making branch of the
government.
2. Delegation to the Congress. Fundamentally, legislative power is an attribute of sovereignty, in
that the Constitution itself, the fundamental law of the State, is a legislation of the sovereign
people. However, through the Constitution, the people “delegated” the legislative power to the
Congress of the Philippines. Section 1, Article VI states that “Legislative power shall be vested in
the Congress of the Philippines…” The delegation of power entails a surrender of authority to the
representatives, or in the case of legislative power, to the Congress. Thus, law-making can only be
performed by the Congress, even if the law it enacts involves the people.
3. Reservation to the People. The Constitution, however, makes a reservation as to the delegation,
in that it explicitly states: “… except to the extent reserved to the people by the provision on
initiative and referendum.” In other words, there is no complete delegation of law-making power
to the Congress, as the power is reserved to the people in cases of initiative and referendum.
Thus, laws are made or unmade, first, by the Congress in the form of “statutes,” and second, by
the people in initiatives and referendums; legislative power is exercised by the Congress and the
sovereign Filipino people.
4. Legislative Power as Exercised by Congress. Legislative power as exercised by Congress
manifests itself more specifically in the Constitution as “power of appropriation,” “power of
taxation,” and “power of concurrence.”
(a) Power of Appropriation. Section 29 (1), Article VI speaks of the power to appropriate. It
states, “No money shall be paid out of the Treasury except in pursuance of an appropriation made
by law.” Appropriation means the authorization by law for the use of a certain sum of the public
funds. An appropriations law is necessary before public funds may be spent by the government
for its projects. The government needs money in all its activities and projects so that the power of
appropriation, also known as the “power of the purse,” is said to be one of the most important
prerogatives of the Congress.
(b) Power of Taxation. The power, which is one of the inherent powers of the state, is generally
exercised by the legislative department. The Constitution limits such power as follows: “The rule
of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of
taxation.” As was discussed in Chapter 4, taxation must be uniform, equitable, and progressive.
Any law passed by the Congress contrary to this provision is null and void.
(c) Power of Concurrence. Section 21, Article VII states that “no treaty or international agreement
shall be valid and effective unless concurred in by at least two-thirds of all the Members of the
Senate.” This refers to the power of concurrence of the Congress in which no treaty can become
binding and effective as a domestic law without the two-thirds concurrence of the Members of
the Senate.
Non-Delegation of Powers
1. Meaning and Explanation. The Congress cannot further delegate the power delegated to it by
the people. This is in keeping with the principle of non-delegation of powers which is applicable
to all the three branches of the government. The rule states that what has been delegated cannot
further be delegated – potestas delegata non delegari potest. A delegated power must be
discharged directly by the delegate and not through the delegate’s agent. It is basically an ethical
principle which requires direct performance by the delegate of an entrusted power. Further
delegation therefore constitutes violation of the trust reposed by the delegator on the delegate.
The people, through the Constitution, delegated lawmaking powers to the Congress, and as such,
it cannot as a rule delegate further the same to another.
2. Exceptions. In order to address the numerous and complex demands of legislative function,
the Constitution provides exceptions to the rule. Further delegation is permitted in the following
cases:
(a) Delegation to the people at large. The Congress further delegates its legislative power by
allowing direct legislation by the people in cases of initiative and referendum;
(b) Delegation of emergency powers to the President. Section 23 (2), Article VI of the
Constitution states that “in times of war or other national emergency, the Congress may, by law,
authorize the President, for a limited period and subject to such restrictions as it may prescribe,
to exercise powers necessary and proper to carry out a declared national policy.” Emergency
powers are delegated to the President by the Congress to effectively solve the problems caused by
war or other crisis which the Congress could not otherwise solve with more dispatch than the
President;
(c) Delegation of tariff powers to the President. Section 28 (2), Article VI of the Constitution
states that “the Congress may, by law, authorize the President to fix within specified limits, and
subject to such limitations and restrictions as it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the
national development program of the Government.” Tariff powers are delegated to the President
by the Congress to efficiently and speedily solve economic problems posed by foreign trade which
the Congress could not otherwise address with more dispatch than the President;
(d) Delegation to administrative bodies. The Congress delegates the so called “power of
subordinate legislation” to administrative bodies. Due to the growing complexity of modern
society, it has become necessary to allow specialized administrative bodies to promulgate
supplementary rules, so that they can deal with technical problems with more expertise and
dispatch than the Congress or the courts. Regulations or supplementary rules passed by the
administrative bodies are intended to fill-in the gaps and provide details to what is otherwise a
broad statute passed by Congress. For the rules and regulations to be valid and binding, they
must be in accordance with the statute on which they are based, complete in themselves, and fix
sufficient standards. If any of the requirements is not satisfied, the regulation will not be allowed
to affect private rights; and
(e) Delegation to the local governments. This delegation is based on the principle that the local
government is in better position than the national government to act on purely local concerns.
Legislative power is therefore given to them for effective local legislation.
3. The House of Representatives. The House and its members are described in the Constitution as
follows:
Party-list Representation
1. Meaning and Purpose. The party-list system aims at establishing representation of the
underprivileged. It is a social justice tool designed not just to make the underprivileged mere
beneficiaries of law but to make them lawmakers themselves. It opens up the political system to
the prejudiced and underrepresented sectors of the society. Under the present rule, however,
party-list representatives need not represent only the marginalized and the underrepresented;
national political parties can participate through their sectoral wings provided they are registered
separately in the COMELEC. Party-list representatives after all may represent not just a
marginalized or underrepresented sectors but also “ideologies” germane to democracy.
2. Parameters for Allocation of Seats. As to the allocation of seats of party-list representatives in
the House of Representatives, the parameters are:
(a) Twenty percent allocation in the House (Sec. 5(2), Art. VI);
(b) To qualify to a seat, at least two percent of the votes is casted on the party;
(c) A qualified party is entitled to a maximum of three seats; and
(d) Proportional representation as to the number of additional seats vis-à-vis the total number of
votes cast.
1. Kinds of Session. The Congress has regular sessions and special sessions. On the one hand, the
regular sessions are conducted once a year starting on the fourth Monday of July and continue as
long as the Congress deems it necessary but only until thirty days before the next regular session.
On the other hand, special sessions are conducted anytime upon the call of the President on
subjects he wishes to consider. This can last for as long as the Congress wants.
2. Quorum. In order to transact business during its regular or special sessions, each House must
meet the quorum or majority of the body. One half of the members plus one is the majority. No
law can be passed or a legislative function discharged unless the quorum is reached. In
determining the quorum, however, members who are abroad, suspended or otherwise prevented
from participating are not counted. Only those who are in the Philippines and on whom the
Congress has coercive power to enforce its authority and command are counted. For example, if
one of the members of the Senate is outside the Philippines, the base number is twenty three
because the Senator abroad is not counted. The quorum is therefore twelve since it is the majority
of twenty three.
3. Recess. Thirty days before the next regular sessions, the Congress shall have its compulsory
recess or adjournment. But each House can adjourn for a voluntary recess provided that the
consent of the other House is obtained if the adjournment is for three days or to any other place
than that to which the two Houses are sitting.
Parliamentary Immunities
1. Meaning. Parliamentary immunity refers to the privilege given to Members of the Congress
intended to ensure their effective discharge of legislative functions and maintenance of
representation in the Congress.
2. Two Kinds of Immunity. The Constitution provides two kinds of immunities: “immunity from
arrest” and “privilege of speech and debate.” Section 11, Article VI states: “A Senator or Member
of the House of Representatives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session. No Member shall be
questioned nor be held liable in any other place for any speech or debate in the Congress or in
any committee thereof.”
(a) Immunity from arrest refers to the freedom of Senators and Members of the House of
Representative from arrest while the Congress is in session, whether regular or special, from the
time it convenes until its final adjournment. The offense, however, of which the arrest is made
must not be punishable for more than six years of imprisonment. For example, if Senator Pedro
is charged for the crime of simple theft while the Congress is still in session, he cannot be
arrested because simple theft is not punishable for more than six years of imprisonment. But if he
is charged for rape, he may be arrested even though the Congress is in session because rape is
punishable by more than six years imprisonment.
(b) Privilege of speech and debate refers to the freedom of Senators and Members of the House of
Representatives from being questioned or held liable in any place for any speech or debate in the
Congress or in any committee thereof. This is to give leeway to the members of the Congress to
express their ideas without fear of being held liable in the courts of justice for the effective
discharge of their duties. It must be noted, however, that the privilege is effective only in
speeches and debates made in the Congress or in those uttered by the legislator in his capacity as
member of the Congress. Moreover, although the legislator cannot be held liable before the
courts, he could be held liable in the Congress itself for words or conduct unbecoming of a
member. For example, if Congressman Pedro, during his speech before the House, uttered
unsavory remarks against a fellow member, he cannot be charged for libel before the courts but
he can be made liable in the House itself for words or conduct unbecoming of a member of the
House.
Independent Bodies
1. The Constitution creates two independent bodies in the Congress especially to perform non-
legislative functions and to check the appointing power of the Chief Executive, to wit: (a) the
Electoral Tribunals and (b) Commission on Appointments. Although majority of their members
come from the Congress, they considered independent bodies in that they have the exclusive
right to prescribe their own rules of procedure, they have their own set of employees who are
under their control and supervision, and they have their own function distinct from that of the
Congress.
2. Electoral Tribunal. To ensure fairness and impartiality in deciding election contests involving
members of the Congress, each House in the Congress shall have an Electoral Tribunal: the
“Senate Electoral Tribunal” in the Senate, and “House of Representatives Electoral Tribunal” in
the House of Representatives. Each Electoral Tribunal shall be the sole judge of all contests
relating to the election, returns, and qualifications of their respective Members. Each shall be
composed of nine members, three are Justices of the Supreme Court, and six are members of the
Senate or the House of Representatives, as the case may be. The Chairman shall be the senior
Justice. While the member Justices are designated by the Chief Justice of the Supreme Court, the
six other legislator members are chosen on the basis of proportional representation from political
parties and party-list organizations (duly registered under the party-list system) in the Congress.
Thus, if there is an election contest, for instance, involving the qualifications of Congressman
Juan, the case shall be decided by the House of Representatives Electoral Tribunal which is the
sole judge of election contests involving the Members of the House of Representatives.
3. Commission on Appointments. Another independent body in the Congress is the Commission
on Appointments which was created to check the appointing power of the President, specifically
in appointments to importance offices in the government. It consists of twenty five members: the
Senate President, as ex officio Chairman, twelve Senators, and twelve Members of the House of
Representatives. The Senators and Members of the House are elected by their respective Houses
based on proportional representation from the political parties and party-list organizations (duly
registered under the party-list system) in the Congress. The function of the Commission is to
approve or disapprove the nominations submitted to it by the President to appointments that
require its approval. For example, before a Cabinet Member may be appointed, the President
must first submit his nomination for approval to the Commission on Appointments. With the
approval, there could be no appointment.
Executive Power
1. Meaning. Executive power includes, first, the power to implement and administer the law, and,
second, other powers necessary to carry out the same. Section 1, Article VII provides that “the
executive power shall be vested in the President of the Philippines,” so that his primary role is to
ensure that the laws are faithfully executed. That executive power is given to the President alone
makes him the most potent official in the government. But while much is given to him, much is
also expected. The limits of his awesome powers are structurally provided in the Constitution to
prevent irresponsible and despotic exercise thereof.
2. Doctrine of Qualified Political Agency. While executive power is given only to the President,
the President can appoint “Members of his Cabinet” whom the law considers as his “alter egos”
(extensions of himself). Under the doctrine of qualified political agency, the acts of the Members
of the Cabinet are deemed to be the acts of the President unless reprobated or altered by him. The
Cabinet Members are political agents of the President who help him discharge his powers and
duties which alone he cannot efficiently perform. They are the heads of the departments who
serve as presidential advisers. Just as the President has the power of control over them, he also
has the power to remove them, him being still the chief of administration.
Presidential Privileges
1. Meaning. Presidential privilege refers to an immunity or privilege granted to the President
intended for the effective performance of his executive functions and duties.
2. Kinds. The President is granted the privilege of immunity from suit and executive privilege.
(a) Immunity from suit means that the President cannot be sued, if he invokes such privilege, for
any civil or criminal action during his tenure. In one case, the Court said that “the rationale for
the grant of the privilege of immunity from suit is to assure the exercise of the Presidential duties
and functions free from any hindrance or distraction, considering that being the Chief Executive
of the Government is a job that, aside from requiring all of the office-holder’s time, also demands
undivided attention.” After his tenure, however, the President can no longer invoke immunity for
non-official acts.
(b) Executive privilege refers to the power of the President to withhold confidential information
from the other branches of the Government and the public. Among these types of information
covered by the privilege are: (i) conversations and correspondence between the President and the
public officials (covered by E.O. 464); (ii) military, diplomatic, and other national security
matters which in the interest of national security should not be divulged; (iii) information
between inter-government agencies prior to the conclusion of treaties and executive agreements;
(iv) discussion in close-door Cabinet meetings; and (v) matters affecting national security and
public order. These types of information are closed or withheld from the other branches and the
public because they are crucial for the exercise of executive functions and to prevent the potential
harm resulting from the disclosure of the same. Thus, the President and the Cabinet Members,
for instance, can invoke executive privilege even in the Congress during legislative investigations.
Qualifications, Manner of Election, and Term
1. The President. The Constitution provides the qualifications, manner of election, and term of
the President as follows:
(a) Qualifications. Section 2, Article VII of the Constitution provides the qualifications of a
President, to wit: (i) he must be a natural-born citizen of the Philippines; (ii) a registered voter;
(iii) able to read and write; (iv) at least forty years of age on the day of the election; and (v) a
resident of the Philippines for at least ten years immediately preceding such election.
(b) Manner of Election. He is elected at large by the direct vote of all qualified citizens.
(c) Term. His term is six years, for which he cannot seek for reelection. He may be removed from
office through “impeachment.”
2. The Vice-President. Section 3, Article VII states that the Vice-President has “the same
qualifications and term of office as the President,” for the reason that his primary role is to
succeed the President in case of vacancy due to the latter’s death, permanent disability, or
resignation. He may also be removed from office in the same manner as the President. However,
the Vice-President may serve for two consecutive terms.
3. When Qualifications must be Present. It must be noted that the qualifications must be present
on the day of the election and not on the day of filing the Certificate of Candidacy or the day of
proclamation of the President-elect. Thus, one can still run for President even if he is still thirty
nine years old on the day of filling the certificate of candidacy, for as long as he is forty years old
on the day of the election. Worthy of note also is the Constitutional limitation on the term of the
President, that is, he cannot seek for reelection. The manifest purpose of this is to prevent
despotism and to protect the highest public official from being consumed by the overwhelming
powers of Presidency.
Presidential Succession
1. Two Rules on Presidential Succession. Section 7 and Section 8, Article VII prescribe the rules
for presidential succession or the manner of filling a vacancy in the presidency. Section 7 talks of
succession when vacancy happens at the start of the term of the President-elect, while Section 8
talks of succession when vacancy happens at the mid part of the term of the incumbent President.
These rules are important because they provide immediate remedy for filling the vacancy in the
highest and most crucial seat of the land.
2. Succession at the Start of the Term. Under Section 7, Article VII, the rule is:
(a) The Vice-President becomes the Acting President in the event that the President-elect fails to
qualify, or when no President was chosen;
(b) The Vice-President becomes the President in the event that the President-elect dies or
becomes permanently disabled; and
(c) The Senate President or, in case of his inability, the House Speaker, becomes the Acting
President on the event that no President and Vice-President are chosen or qualified, or where
both died or become permanently disabled.
In the first case, the Vice-President acts as President until a President-elect is qualified and
chosen. In the second case, the Vice-President does not only act as President but becomes the
President. And in the third case, the Senate President or, in his inability, the House Speaker acts
as President until a President or a Vice-President are chosen and qualified.
3. No Presidential Hold-Over. Note well that the former President, whose term already expired,
has no right of “hold-over.” So as not to repeat the dictatorship of the past, the Constitution is
strict with the six-year term limit. No extensions are allowed, not even in a hold-over capacity.
Thus, if no President assumes office after the election, the former President is not allowed to
continue discharging the functions of the presidency.
4. Succession at the Mid-Part of the Term. Under Section 8, Article VII, the rule is:
(a) the Vice-President becomes the President for the unexpired term in case of the latter’s death,
permanent disability, removal from office, or resignation; and
(b) if the same happens to both the President and the Vice-President, then the Senate President
or, in case of his inability, the House Speaker, will act as President until the President or Vice-
President will be elected and qualified.
5. Vacancy in the Office of the Vice-President. If the Office of the Vice-President is vacant as a
consequence of presidential succession, the President shall nominate a Vice-President from
among the Members of Congress who shall assume office upon confirmation of the Members of
Congress. For example, when former President Joseph Estrada was ousted from Malacanang
through People Power, he was succeeded by then Vice- President Gloria Arroyo. As a matter of
course, the Office of the Vice-President became vacant. Thus, the new President, Gloria Arroyo,
nominated then Senator Teofisto Ginggona for Vice-President whose nomination was confirmed
by the Members of Congress. Note that President Arroyo could have nominated any Member of
the Congress, that is, either a Senator or a Member of the House of Representatives for Vice-
Presidency.
6. Temporary Disability of the President. And lastly, Presidential succession also happens when
the President is “temporarily disabled.” The temporary disability of the President, of which the
public must be informed, is determined by:
(a) the President himself through a written declaration transmitted to the Senate President and
House Speaker, in which case the Vice-President becomes the Acting President;
(b) majority of Cabinet Members through a written declaration transmitted to the two officials, in
which case the Vice-President becomes the Acting President; and
(c) 2/3 vote of both Houses of Congress, voting separately, in case there is a dispute between the
President and the Cabinet Members, in which case the Vice-President also becomes the Acting
President.
Presidential incapacity is said to be terminated when the President or his Cabinet Members
transmit to the Congress that the inability no longer exists, or in case the temporary disability
was declared by the Congress, when both Houses by 2/3 vote, each voting separately, declare the
termination of presidential incapacity.
The Constitution provides many inhibitions and disqualifications on the President, Vice-
President, Cabinet Members, and their deputies and assistants. The subjects of the inhibitions
and disqualifications are: (1) increase in their salaries and emoluments; (2) the holding of other
offices; (3) appointment of relatives; and (4) midnight appointment.
1. Inhibition on Salary. The Congress fixes by law the salaries of the President and Vice-President.
The salaries cannot be decreased during their tenure, but the same can be increased. The increase
takes effect only after the expiration of the term of the President and Vice-President during
whose term the increase was approved.
2. Disqualification on Holding Other Offices. They cannot also receive during their tenure any
other compensation or allowances from the Government or any other source. The reason for this
is that they cannot hold any other office or employment, unless otherwise provided in the
Constitution. Their office, being very important and crucial in the government, demands their full
time and attention. The disqualification also prevents them from extending special favors to their
own private business which comes under their official jurisdiction, and assures the public that
they will be faithful and dedicated in the performance of their functions. Public office is public
trust, so that it cannot be used for personal benefit and familial advantage. Thus, they shall
strictly avoid conflict of interest in the conduct of their office.
It should be noted that the Vice-President can be appointed as Member of the Cabinet and his
appointment need not go through the Commission on Appointments. This is an exception to the
above prohibition, of which its purpose is to give due reverence to the second highest office of the
land and more importantly to give him a function other than being a mere President Reserve.
3. Prohibition against Appointment of Relatives. Nepotism is prohibited by the Constitution.
Nepotism happens when the President, during his tenure, appoints his spouse and relatives by
consanguinity or affinity within the fourth civil degree as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned or controlled corporations and their
subsidiaries. Public office is not a property, nor can it be shared and passed as a matter of right to
family members. The Philippines is not the kingdom of the President; his office is only entrusted
to him by the people who are the sovereign rulers of the country and to whom he must serve with
utmost responsibility, integrity, loyalty, and efficiency.
4. Prohibition against Midnight Appointments. Midnight appointments are also prohibited by the
Constitution. Midnight appointment refers to presidential appointment after election but before
assumption to office of the next President. Section 15, Article VII provides that “two months
immediately before the next presidential elections and up to the end of his term, a President or
Acting President shall not make appointments.” This is essentially a limitation to the appointing
power of the President. The purpose of the prohibition is to avoid using the Presidency for
partisan considerations and for vote buying. It is also rude and unstatesman-like for an outgoing
President to appoint within the said period so as to prevent the incoming President to exercise
his prerogative of selecting his own set of officers.
The President of the Philippines has specific powers provided in the Constitution, to wit: (1)
appointing power; (2) power of control and supervision; (3) military power; (4) pardoning power;
(5) diplomatic power; (6) residual power; (7) delegated power; and (8) veto power.
1. Power of Appointment.
(a) Meaning. Appointment is one mode of putting a person in office in which an appointing
authority selects a person to discharge the functions of an appointive office. The power is
exercised by the President, although legislative and judicial officials can also appoint their
respective personnel.
(b) Types of Appointment. There are four types of presidential appointments:
(i) Appointment by an Acting President ;
(ii) Temporary appointment ;
(iii) Regular appointment ; and
(iv) Ad interim appointment.
(c) Appointments Distinguished from Each Other. Appointment by an Acting President may be
revoked by the elected President within ninety days from his assumption or reassumption of
office. If it were not revoked, the appointment remains effective, as if it were the President-elect
who made the appointment. Temporary appointment is appointment made prior a presidential
election that is subject to a possible cancellation or revocation of the President-elect. As an
exception to midnight appointments, temporary appointments may be extended by an outgoing
President to executive positions when continued vacancies therein will prejudice public service or
endanger public safety. Regular appointment is presidential appointment made with or without
the consent of the Commission on Appointments. And Ad interim appointment is appointment
made during the recess of the Congress, whether voluntary or compulsory, which is effective until
disapproved by the Commission on Appointments or until the next adjournment of the Congress.
(d) Ad Interim Appointment vs. Regular Appointment. Ad interim appointment is different from
regular appointment, in that the purpose of the former is to prevent hiatus or lull in government
offices, while that of the latter is to simply fill an office in the ordinary course of business; an ad
interim appointee immediately assumes office, while a regular appointee does not, since
confirmation by the Commission on Appointments is still required. Moreover, an ad interim
appointment is different from temporary appointment. Although the former is subject to the
revocation of the Congress (through the Commission on Appointments), it is not temporary
because it takes effect immediately and cannot be revoked or withdrawn by the President if the
ad interim appointee is qualified. In fact, ad interim appointment is permanent and its
subsequent disapproval does not change its nature. Lastly, an ad interim appointment is different
from appointment in acting capacity, in that the former requires confirmation of the Commission
on Appointments, while the latter does not; the former is permanent, while the latter is
temporary; and the former is made during recess, while the latter in made either during recess or
not.
(e) Appointments Requiring Confirmation. Section 16, Article VII provides an exclusive list of
Presidential appointees whose appointments require the confirmation of the Commission on
Appointments. These officials are: (1) the department secretaries, ambassadors, other public
ministers and consuls; (2) officers of the armed forces from the rank of colonel or naval captain;
(3) other officers whose appointments are vested in him in the Constitution; (4) all 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; and (5) the heads of departments, agencies,
commissions, boards, those lower in rank in the President. Members of the Constitutional
Commissions and regular members of the Judicial and Bar Council are officers whose
appointments are vested in him in the Constitution. The list is exclusive, thus, other
appointments by the President do not require consent of the Commission on Appointments.
The appointees are subject to the control of the President in line with the doctrine of the qualified
political agency. The President has the power to change and set-aside their acts.
2. Power of Control and Supervision.
(a) Control. The President has control over all executive departments, bureaus, and offices; as
chief administrator, he has the primary duty to ensure that the laws are faithfully executed.
Power of control refers to the power of the President, being the Chief Executive, to alter, modify
or set aside the acts of his subordinates and substitute his judgment for that of the latter. His
subordinates include the Cabinet Members or heads of the executive departments, heads of
bureaus and offices, and their subordinates and assistants. The Cabinet Members are alter egos
of the President as enunciated in the doctrine of qualified political agency; thus, the President has
the power to alter or set aside their acts. Moreover, the power of control is connected to the
appointing power of the President. Just as he can put people to appointive positions, he can also
investigate, discipline, suspend, and remove them when they become inefficient or corrupt.
(b) Supervision. The power of control includes the power of supervision. The power of
supervision refers to the authority to oversee a subordinate officer and to see to it that he
performs his functions and duties in accordance with law. It generally includes the power to
investigate. It must be noted that the power of control is broader than the power of supervision,
since the former includes the latter. The President has power of supervision over local
government units, in which he can investigate and see to it that they perform their duties in
accordance to established laws. He does not, however, have power of control over them, so that
he cannot change their acts or substitute his judgment for their judgment.
3. Military Powers.
The President is granted military powers, the primary purpose of which is to maintain civilian
supremacy over the military. The power includes: (a) calling-out power; (b) power to suspend the
privilege of the writ of habeas corpus; and (c) power to declare martial law.
(a) President as Commander-in-Chief. Section 18, Article VII states that the President is the
Commander-in-Chief of the armed forces of the Philippines, and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.
As the highest civilian officer, the President is also the highest military authority. This is so
because civilian authority should, at all times, be supreme over the military in the democratic,
republican Philippines. The military is the single most power institution equipped by law to use
violence and force. Thus, to prevent military takeover, the fundamental law makes a civilian the
commander-in-chief of the military. Although the President lacks military training, the ideals of
democracy dictate that he should possess the tremendous power of controlling and directing the
military even in times of war. While he may delegate to, and ask advice from, military men, the
ultimate authority to direct and call out the armed forces is with him. Not even the courts can
question him in exercise of this prerogative of calling the armed forces to prevent or suppress
lawless violence, invasion or rebellion.
(b) Suspension of the Privilege of Habeas Corpus. Section 18, Article VII also expressly gives the
President the power to suspend the privilege of the writ of habeas corpus. The writ of habeas
corpus is a written order issued by the court directing a person detaining another to produce
(habeas) the body (corpus) of the latter and to explain before the court his authority for detaining
the latter. Habeas corpus is a special proceeding which provides speedy remedy for the
immediate release of an unlawfully detained person. Thus, a person who was arrested and
detained without a valid warrant may file a petition for habeas corpus for his immediate release,
after the judge determines that there is no valid ground for his detention. Under Section 18, this
“privilege” of habeas corpus may be suspended by the President in case of invasion or rebellion,
and when public safety requires it. The rationale for such power is to allow the President to
expediently reestablish peace and order by detaining apparent offenders without the hindrance
or threat of their immediate release. Note, however, that what is suspended is the “privilege,” not
the right to file the petition for habeas corpus. Thus, even when the President suspends the
privilege, persons unlawfully detained may still file a petition for habeas corpus. Only the
privilege of immediate release is suspended.
(c) Martial Law. The power to declare martial law is likewise expressly granted in Section 18.
Martial law, within the Constitutional context, means temporary military rule especially declared
not to replace civilian authority but to help it recover in case of invasion or rebellion, and when
public safety requires it. Martial law, unlike a military takeover, does not suspend the operation
of the Constitution and guarantee for respect of human rights. It is not permanent; it is declared
only for a limited duration, that is, for not more than sixty days. In addition, the President must
also report in writing to the Congress within forty eight hours from proclamation, and the
Congress may conduct special sessions even without the call of the President. As far as the courts
are concerned, the military courts do not acquire jurisdiction over cases involving civilians if civil
courts are still able to function. These constitutional limitations are intended to uphold
democracy and civilian supremacy in the Philippines, as well as to prevent the rise of an abusive
military regime that does not respect due process and takes for granted the liberties of the
sovereign people.
(d) Comparison of the Military Powers. To compare the military powers of the President, it must
be noted that the power to declare martial law and the power to suspend the privilege of the writ
of habeas corpus are the greater powers since it curtails the freedoms and civil liberties of the
citizens. The calling out power is said to be lesser or benign power, in that it has no such effect.
Thus, the Constitution limits the former powers by making them susceptible to review by the
courts, whereas the calling out power is exercised by the President with full discretion and
wisdom as the commander-in-chief of armed forces, not subject to judicial review.
4. Pardoning Power.
The pardoning power of the President refers to the exercise of executive clemency. It includes: (a)
pardon; (b) commutation; (c) reprieve; (d) amnesty; and (e) parole.
(a) Pardon is an act of grace which exempts an individual from serving his sentence or
punishment which the law inflicts for the crime he committed. It forgives the offender by not
letting him pay for the crime he committed. For pardon to be given, a person must first be
declared guilty of a crime by final judgment of the court, and the President thereafter extends
pardon. Instead of making him serve his sentence, the President exempts him through his
personal act of grace. What the convict is exempted from is criminal liability not civil liability.
There are two kinds of pardon: absolute and conditional. Absolute pardon is one that absolves
the convict from criminal liability without any conditions whatsoever, while condition pardon
absolves the convict from criminal liability under the penalty of recommitment to prison in case
any condition provided is violated.
It must be remembered, however, that pardon cannot be granted in cases of impeachment; or in
violations of election laws without favorable recommendation of the COMELEC; or in cases of
legislative contempt or civil contempt; or can it restore forfeited public offices.
(b) Commutation refers to reduction or mitigation of the penalty. For example, instead of serving
ten years of imprisonment, reduction has the effect of reducing the penalty to five years, for
instance, at the discretion of the President.
(c) Reprieve refers to the postponement of sentence or stay of execution. This was applicable
when death penalty was still effective. For instance, the execution of a death convict may be
postponed by the President to another date if he extends reprieve.
(d) Parole is probational release from imprisonment. It is given to a convict who has served the
minimum sentence of his penalty and has acted in good behavior inside the penal institution.
Parole does not fully restore the freedom of the parolee since he is still in the custody of the law
although not in confinement.
(e) Amnesty is an act of grace by the President extended to groups of persons who committed
political offenses. It requires the concurrence of the legislature and puts into oblivion the offense
itself. It is distinguished from pardon, in that: the former forgives political offenses (such as
treason and rebellion) deemed expedient for the public welfare than prosecution of the same,
while the latter forgives crimes against the peace of the state (such as homicide and murder); the
former is usually given to groups of offenders, whereas the latter is given to an individual; the
former requires concurrence of the Congress, while the latter does not; the former is a public act
which the courts takes judicial notice, whereas the latter is a private act of the President which
must be pleaded by the person pardoned for the court to take judicial notice; and the former
looks backward and abolishes the criminal and civil liability of the offenders, while the latter
looks forward and relieves only the criminal liability of the offender.
5. Diplomatic Powers.
The President has diplomatic powers because, as the head of the State, he is the spokesman of the
nation on matters of external affairs. “He may deal with foreign states and governments, extend
or withhold recognition, maintain diplomatic relations, enters into treaties, and otherwise
transact with the business of foreign relations,” The Constitution, however, limits this power of
the President, as it expressly states “no treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the Members of the Senate.” Thus, if the
President, for instance, enters into an international agreement with the United States of America
for the establishment of civilian rights mutually benefiting the citizens of both countries, then on
the part of the Philippines, least two-thirds of all the Members of the Senate must concur with the
said international agreement.
6. Residual Powers.
The President, as the head of the State, is given residual powers. Under the presidential system,
the President is not a mere symbolic head; he is the chief executive granted with powers, so broad
to include even those not mentioned in the Constitution. “The powers of the President are not
limited to what are expressly enumerated in the article on Executive Department and in scattered
provisions of the Constitution.” He has unstated powers called “residual powers” which are
implied from the grant of executive powers and necessary for the exercise of his duties under the
Constitution. It is called “residual” because it is whatever power which the legislature or the
judiciary does not possess and which the President could, thus, legitimately exercise consistent
with his functions. This is not to foster another dictatorship or an unbridled exercise of power as
was experienced during the Marcos administration; nor is it a violation of the Constitutional
intent to limit the specific powers of the President to avoid another abusive regime (since
appropriate measures are already provided in the new Constitution). The grant of residual
powers, rather, is just in recognition of the general grant of executive power to the President.
7. Delegated Powers.
As previously discussed, the Congress can delegate legislative powers to the President, among
which are emergency powers (Section 23(2), Article VI) and tariff powers (Section 28(2), Article
VI).
8. Veto Power.
The President exercises veto power in relation to his role of checking the power of the Congress.
If he thinks that a bill enacted by Congress should be disapproved, he exercises his veto power
and returns the same with his objections to the House of origin. As a general rule, the veto must
pertain to the entire bill, so that he is not allowed to veto separate items of the bill. The exception,
however, is “item veto” allowed in case of appropriation, revenue and tariff bill. The Constitution
expressly provides that “President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he
does not object.”
Judicial Power
1. Meaning in General. In a broad sense, judicial power refers to the power of the different courts
of justice to interpret and apply the laws in particular cases. Interpretation, on the one hand,
refers to the process by which the court discovers the true meaning of the language used by the
law. Its purpose is to give effect to the intent or spirit of the law. The application of the law, on the
other, refers the process by which the court relates the pertinent legal provisions to the set of
facts of a particular case.
2. Strict Meaning. In a strict sense, the Constitution provides that “judicial power includes the
duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality
of the Government.” The definition includes two aspects of judicial power: (a) duty to settle
actual controversies; and (b) authority to determine if there is grave abuse of discretion.
(a) The first aspect, settlement of actual controversies, is the traditional meaning of judicial
power. In here, there exists an “actual controversy” which, if properly filed, the court has duty to
settle. For an actual controversy to exist there must be a legally demandable or enforceable right
which is violated by another who, in turn, has the correlative duty to respect it. If the other party
asserts an opposite legal claim, then it becomes susceptible of judicial adjudication. A right is
legally demandable or enforceable if it is recognized by law and enforceable before the courts. A
right which has no basis in law cannot be enforced in the courts and violation of which does not
produce an actual controversy. Thus, while a woman has a right to demand for financial support
from the father of her son, she does not have the right to demand for marriage from a person who
impregnated her because the right has no basis in law; the first can give rise to an actual
controversy, while the other cannot.
(b) The second aspect, determination of grave abuse of authority, is the expanded part of judicial
power. It is said to be expanded because traditionally the courts cannot question the “political
acts” of the other departments of the government (executive and legislative – political
departments). The courts can only settle justiciable questions or questions involving rights and
laws, and not political questions or questions addressed to the wisdom or discretion of political
departments. But with the expanded authority, the courts can now determine if the political
departments gravely abused the exercise of their discretion amounting to lack or excess of
jurisdiction. Grave abuse of discretion refers to “such capricious and arbitrary exercise of
judgment as is equivalent, to the eyes of the law, to lack of jurisdiction” and for it to be covered by
judicial power, abuse of discretion must be palpably grave. Thus, the President and the Congress
cannot escape the authority of the courts in determining whether or not their political acts are
void, even if they invoke that their political acts are matters of political question. This is
manifestly in line with the principle of checks and balances, and consequently, with the doctrine
of separation (in the sense of collaboration) of powers.
For example, the President is given the so-called calling out power which is a discretionary power
solely vested in him. Generally, the courts cannot inquire in this and substitute it for its own
decision since this is a political question. But if it can be shown that there is a grave abuse of
discretion on the part of the President, it will be subject to judicial review. This is now the effect
of the expanded power of the judiciary.
3. Who Exercises Judicial Power. Section 1, Article VIII, states that judicial power is vested in one
Supreme Court and in such lower courts as may be established by law. This means that the power
to interpret and apply the laws in actual controversies is given to, first, the Supreme Court, and,
second, to other/lower courts.
4. Supreme Court and Other Lower Courts. There could only be one Supreme Court, and its
supremacy puts finality to all legal disputes. The other courts are all lower than it, thus, they are
referred as lower courts. Lower courts are also called “statutory courts” because they are created
by the act of Congress. The only Constitutional court is the Supreme Court, while statutory courts
include the Court of Appeals, Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court, Municipal Circuit Trial Court, Sandiganbayan, and Court of Tax Appeals, among others.
The Court of Appeals, Regional Trial Courts, Metropolitan Trial Court, Municipal Trial Court,
and Municipal Circuit Trial Court are “regular courts” created by the Judiciary Reorganization
Law (as amended). Sandiganbayan and the Court of Tax Appeals are “special courts” respectively
created by P.D. No. 1606 and R.A. No. 1125 (as amended). These courts comprise the judicial
department which exercises judicial power.
Power of Judicial Review
1. Meaning. The courts also have the power of judicial review or the power to test the validity or
constitutionality of the legislative and executive acts, such as treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation. It
is an aspect of judicial power, in that it is essentially derived from the duty of the court to settle
controversies between conflicting parties by applying the appropriate law. The applicable law
may be the Constitution or some appropriate statute; in case of conflict between the two, the
Constitution must prevail, and the statute which is not in accordance with it must be stricken out,
or at least some parts of it. The Constitution is the fundamental law and therefore all the acts or
laws passed by the government must be in accordance with it.
2. Requisites. The requisites of judicial review are: (a) there must be an actual controversy; (b)
the question of constitutionality must be raised by the proper party; (c) the question is raised at
the earliest opportune time; and (d) the resolution of the constitutional question is the main
issue.
3. Explanatory Example. Pedro is running for reelection for his third term as congressman.
However, the Congress passed a law prohibiting reelection for the third term. Apparently, the
statute is in conflict with the Constitution which allows reelection of a congressman for his third
term. He questions the validity of the statute. Judicial review is proper in this case. There is an
actual controversy between Pedro and the government. He likewise has a legal standing because
he has a personal and substantial interest in the case such that he will be directly benefited or
injured by the decision to the case. The question was raised in the earliest possible time and the
resolution of the constitutional question is the main issue.
Judicial Independence
The Judicial Department plays an indispensable role in the government as the administrator of
justice. The government and consequently the State will not survive without the judiciary. It
preserves the cohesiveness of the different governmental organs, always seeing to it that they
function in accordance with the Constitution. And inasmuch as the Philippines is a government
of laws and not of men, the judiciary protects the very essence of democracy being guardian of
rights and legal processes. Thus, in order for the judiciary to function effectively and impartially,
the Constitution provides safeguards for its independence, to wit:
(1) The Supreme Court, as a constitutional body, cannot be abolished by law passed by the
Congress;
(2) Members of the Supreme Court can only be removed through impeachment;
(3) The Supreme Court cannot be deprived of its minimum and appellate jurisdiction; appellate
jurisdiction may not be increased without its advice or concurrence;
(4) The Supreme Court has administrative supervision over all inferior courts and personnel;
(5) It has exclusive power to discipline judges/justices of inferior courts;
(6) Members of the judiciary have security of tenure;
(7) Members of the judiciary may not be designated to any agency performing quasi-judicial or
administrative functions;
(8) Salaries of judges may not be reduced;
(9) The judiciary enjoys fiscal autonomy;
(10) The Supreme Court alone can initiate the Rules of Court;
(11) It alone may order temporary detail of judges; and
(12) It can appoint all officials and employees of the judiciary.
Jurisdiction
1. Meaning. Jurisdiction is the power and authority of the court to hear and decide cases. Judicial
power is exercised by the various courts within their respective jurisdictions, so that if judicial
power is exercised without or in excess of jurisdiction, then the decisions of the courts are said to
be null and void.
2. Role of Congress. The various courts have their respective jurisdiction. Each jurisdiction is
defined, prescribed, and apportioned by the Congress, except that of the Supreme Court whose
jurisdiction (as enumerated in Section 5, Article VIII) is Constitutionally prescribed so that it
cannot be lessened or taken away by the Congress.
3. Kinds of Jurisdiction. Jurisdiction could be “general or limited,” “original or appellate,” and
“exclusive or concurrent.” On the one hand, a court has a general jurisdiction when it is
empowered to hear and decide all disputes filed before it except those falling in the jurisdiction of
other courts; on the other hand, a court is said to have a limited jurisdiction if it can hear and
decide specific cases only. Example of a court of general jurisdiction is the Regional Trial Court,
and an example of a court of limited jurisdiction is the Court of Tax Appeals. Moreover, a court
has an original jurisdiction, on the one hand, if it is empowered to hear and decide cases filed for
the first time, whereas a court has appellate jurisdiction, on the other, if it can review a decision
rendered by a lower court. The Municipal Trial Court, for instance, has original jurisdiction over
forcible entry cases, while the Regional Trial Court has appellate jurisdiction to review the
decisions of the Municipal Trial Court. And lastly, a court has exclusive jurisdiction if it alone has
authority to hear and decide a case filed before it, while it has concurrent jurisdiction if other
courts can hear and decide a case which could be filed before it. For example, a Regional Trial
Court acting as Family Courts has exclusive jurisdiction over family cases, whereas it (Regional
Trial Court) has current jurisdiction with the Court of Appeals and Supreme Court over habeas
corpus cases.
Guide Questions:
1. Explain the structure of the government using the doctrine of separation of powers.
2. Briefly compare the powers of the branches of the government. Then explain how they are
related with each other.
3. What is meant by a bicameral legislature? Give at least three advantages of bicameralism.
4. If there are 200 District Representatives, how many Party-List Representatives are required to
complete the Members of the House of Representatives?
5. If there are 215 Members of the House of Representatives, and 15 are abroad, what would
constitute the quorum?
6. A Bill of Local Application was submitted by Senator Wade to the Senate Secretary. It has
passed three readings in the Senate and then in the Congress. Thereafter, it was presented to the
President for approval, but the same was disapproved. The President vehemently objected to the
validity of the entire process.
Is the President correct?
7. What are congressional disqualifications? Give examples.
8. Concisely discuss the steps of how a bill becomes a law
9. Enumerate at least five powers of the President and briefly discuss each power.
1o. When the president dies, is permanently disabled, is impeached, or resigns, the Vice-
President becomes President for the unexpired term. However, if both the President and Vice-
President die, become permanently disabled, are impeached, or resigned, the Senate President
shall act as President until the President or VP shall have been elected and qualified.
If the Senate President becomes disabled, who will succeed?
11. Juan Dela Cruz was nominated by President Pedro Santos to the rank of naval captain in the
Armed Forces of the Philippines. His nomination has been confirmed by the Commission on
Appointments, and his appointment (by President Siuagan) followed thereafter. Juan Dela Cruz
have accepted the nomination with great pride and honor. The President reconsidered his
appointment after discovering that Mr. Dela Cruz has a criminal record. The President withdrew
his appointment. Is this allowed?
12. President Juan Masipag filed an application for appropriation, and in pursuance thereof
money was paid out of the National Treasury. It must be noted that the appropriation is for a
public purpose, and it is not for any specific sect, church, denomination.
Is there something wrong with the presidential appropriation?
13. Discuss briefly the hierarchy of courts in the Philippine Judiciary.
14. What is judicial review?
15. Concisely compare and distinguish the powers and functions of the three Constitutional
Commissions.