POLITICAL LAW 2019

I. PRELIMINARY PROVISIONS AND BASIC CONCEPTS

A. National territory
 The national territory comprises the Philippines archipelago, with all the
islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago, regardless
of their breadth and dimensions, form part of the internal waters of the
Philippines. (Article I, 1987 Constitution)

 ARCHIPELAGIC DOCTRINE

 The waters around, between and connecting the islands of the

archipelago, regardless of their breadth and dimensions, form part
of the internal waters of the Philippines. Under this doctrine, the
Philippine archipelago is considered as one integrated unit instead
of being divided into more than 7,000 islands.

 TERRITORY

 Fixed portion of the surface of the Earth inhabited by the people of

the State. As an element of a State, it is an area over which a state
has effective control.

B. Declaration of Principles and State Policies

 The Philippines is a democratic and republican State. Sovereignty resides

in the people and all government authority emanates from them. (Section
1, Article II, 1987 Constitution)

Democratic as it is a participatory democracy, and contemplates

instances where the people would act directly and not always through
their representatives. (Tolentino v. COMELEC, G.R. No. 148334, January
21, 2004)

Republican as it is a representative government run by and for the people

its essence is representation and renovation (Cruz, Political Law, supra at
52)

Manifestation of Republicanism

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1. Ours if a government of laws and not of men.

2. Rule of Majority (Plurality in elections)
3. Accountability of public officials
4. Bill of Rights
5. Legislature cannot pass irrepealable laws
6. Separation of powers.

Note: The Philippines is not only a representative or republican state but

also shares some aspects of direct democracy such as initiative and
referendum.

 DOCTRINE OF INCORPORATION

 By virtue of this doctrine, the Courts have applied the rules of

international law in a number of cases even if such rules had not
previously been subject of statutory enactments, because these
generally accepted principles of international law are
automatically part of our own laws (Kuroda v. Jalandoni, G.R. No. L-
2662, March 26, 1949). We adhere to this principle by virtue of
Section 2, Article II of the 1987 Constitution.

 DOCTRINE OF TRANSFORMATION

 The transformation method requires that an international law be

transformed into a domestic law through a constitutional
mechanism such as local legislation (Pharmaceutical and Health
Care Association of the Philippines v. Duque III, G.R. No. 173034,
October 9, 2007).

 DOCTRINE OF CONSTITUTIONAL SUPREMACY

 Under this doctrine, if a law or contract violates any norm of the

Constitution, that law or contract, whether promulgated by the
legislative or by the executive branch or entered into by private
persons for private purposes, is null and void and without any force
and effect. Since the Constitution is the fundamental, paramount
and supreme law of the nations, it is deemed written in every
statute and contract. (Manila Prince Hotel v. GSIS, G.R. No. 122156,
Feb. 3, 1997)

 STATE POLICY ON WAR ( 1992, 1997, 2000, 2003 Bar)

 The State renounces war as an instrument of national policy. (1987

Constitution, Art. II, Sec. 2)

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NOTE: The Philippines does not renounce defensive war because it is

duty bound to defend its citizens. Under the Constitution, the prime
duty of the government is to serve and protect the people.

Voting requirements to declare the existence of a state of war

1. 2/3 vote of both Houses

2. In joint session
3. Voting separately

NOTE: Even though the legislature can declare an existence of war and
enact measures to support it, the actual power to engage in war is
lodged, nonetheless, in the executive.

 CIVILIAN SUPREMACY

 Means that civilian authorities is, at all times, supreme over the
military (CONST., Art. II, Sec. 3). The principle is based on the fact
that “sovereignty resides in the people and all government
authority emanates from them” (CONST. Art. II, Sec. 1).

 INDEPENDENT FOREIGN POLICY AND A NUCLEAR-FREE PHILIPPINES

 The State shall pursue an independent foreign policy. In its

relations with other states, the paramount consideration shall be
national sovereignty, territorial, integrity, national interest, and
the right to self-determination. (1987 Constitution, Art. 2, Sec. 7)

 The Philippines, consistent with the national interest, adopts and

pursues a policy of freedom from nuclear weapons in its territory.
(1987 Constitution, Art. II, Sec.8)

 All existing treaties or international agreements which have not

been ratified shall not be renewed or extended without the
concurrence of at least two-thirds of all the Members of the Senate.
(1987 Constitution, Art. XVIII, Sec. 4)

 DOCTRINE OF SEPARATION OF CHURCH AND STATE

 The separation of Church and State shall be inviolable (Const., Art.

II, Sec. 6). Under our constitutional scheme, it is not the task of the
State to favor any religion by protecting it against any attack by
another religion vis-à-vis religious differences, the State enjoys no
banquet of options (Iglesiani Cristo v. Court of Appeals, G.R. No.
119673, July 26, 1996)
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 POLICY OF THE STATE ON HUMAN RIGHTS

 The State values the dignity of every human person and guarantees
full respect for human rights (CONSTI. Art. II, Sec. 11). As the
government is the chief guarantor of order and security, the
Constitutional guarantee of the rights to life, liberty and security of
person is rendered ineffective if the government does not afford
protection to these rights especially when they are under threat
(Razon v. Tagitits, G.R. No. 182498, December 3, 2009).

 POLICY OF THE STATE ON LOCAL AUTONOMY

 The State shall ensure the autonomy of local governments (CONST.,

Art. II, Sec. 25). The territorial and political subdivisions shall enjoy
local autonomy (CONST., Art. X, Sec. 3). The above-quoted
provisions of the Constitution and the LGC reveal the policy of the
State to empower local government units (LGUs) to develop and
ultimately, become self-sustaining and effective contributors to the
national economy ( Belgica v. Ochoa, G.R. No. 18359, October 19,
2013).

 POLICY OF THE STATE ON ACCESS TO PUBLIC SERVICE

 The state shall guarantee equal access to opportunities for public

service and prohibit political dynasties as may be defined by law
(CONST., Art. II, Sec. 26).

 POLICY OF THE STATE ON DISCLOSURE OF PUBLIC INTEREST

 Subject to reasonable conditions prescribed by law, the State

adopts and implements a policy of full public disclosure of all its
transactions involving public interest (CONST., Art. II, Sec. 28)

C. Separation of Powers

 DOCTRINE OF SEPARATION OF POWERS

 Legislation belongs to the Congress, implementation to the

executive and settlement of legal controversies and adjudication of
rights to the judiciary. Each is therefore prevented from invading
the domain of the others.

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 Purpose of separation of powers

 Seeks to prevent the concentration of authority in one person or

group of persons that might lead to irreparable error or abuse in its
exercise to the detriment of republican institutions (Pangasinan
Transportation Co. v. Public Service Commission, G.R. No. 47065, June
26, 1940)

D. Checks and Balances

 PRINCIPLE OF CHECKS AND BALANCES

 This is a mechanism by which one department is allowed to resist

encroachments upon its prerogatives or to rectify mistakes or
excesses committed by the other departments.

 PRINCIPLE OF BLENDING OF POWERS

 These are instances when powers are not confined exclusively

within one department but are assigned to or shared by several
departments (Nachura, Political Law Reviewer, supra at 97). It is
often necessary for certain powers to be reposed in more than one
department, so that they may better collaborate with and, in the
process, check each other for the public good.

E. State immunity

 PRINCIPLE OF STATE IMMUNITY

 The State may not be sued without its consent (CONST., Art. XVI,
Sec. 3). The rationale behind this is that there can be no legal right
against the authority which makes the law on which the right
depends (Department of Health v. Phil Pharmawealth, G.R. No.
182358, February 20, 2013)

 Immunity is enjoyed by all States as such, consonant with the public

international law principle par in parem non habet imperium that all
states are sovereign equals and cannot assert jurisdiction over one
another (Minucher v. CA, GR. No. 142396, February 11, 2013).

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GR: All states are sovereign equals and cannot assert jurisdiction over one
another, consonant with the public international law principle of par
inparem non habet imperium. A contrary disposition would “unduly vex
the peace of nations.”

XPN: A State may be sued if it gives consent, whether express or implied.

 SCOPE OF THE CONSENT THAT MAY BE GIVEN BY THE STATE

 Where the State gives its consent to be sued by private parties

either by general or special law, it may limit the action only up to
the completion of proceedings anterior to the stage of execution
and that the power of courts ends when the judgment is rendered,
since government funds and properties may not be seized under
writs of execution or garnishment to satisfy such judgments.
Disbursements of public funds must be covered by the
corresponding appropriation as required by law (Republic v.
Villasor, G.R. No. L-30671, November 28, 1972).

 Do GOCC also enjoy the immunity of the state from suit?

 It depends. If the agency is incorporated, the test of its suability is

found in its charter. The rule is that it is suable if its charter says so,
and this is true regardless of the functions it is performing.
However, if the charter is silent, one must inquire into its function
based on the purpose for which it was created. If the purpose is
proprietary, the GOCC is suable. If the purpose is governmental, it
is not suable.

 On the other hand, if it is unincorporated, then it has no separate

juridical personality. Hence, as a general rule, suits filed against it
are necessarily actions against the state of which it is part.
However, the need to distinguish between an unincorporated
government agency performing governmental function and one
performing proprietary functions has arisen. The immunity has
been upheld in favor of the former because its function is
governmental or incidental to such function; it has not been upheld
in favor of the latter whose function was not in pursuit of necessary
function of government but was essentially a business.

II. LEGISLATIVE DEPARTMENT

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A. Legislative power

1. Scope and Limitations

 Legislative power, which is the power to propose, enact, amend and

repeal statutes, is vested in the Congress of the Philippines, which shall
consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provisions on initiative and referendum.
(CONST, Art. VI, Sec. 1)

 WHO MAY EXERCISE LEGISLATIVE POWER?

1. Congress
2. Regional/Local Government Units
3. The People through initiative and referendum.

 LIMITATIONS ON THE LEGISLATIVE POWER OF CONGRESS

1. Substantive: limitations on the content of laws.

2. Procedural: limitations on the manner of passing laws.
3. Congress cannot pass irrepealable laws.
4. Congress, as a general rule, cannot delegate its legislative power.

2. Principle of non-delegability; exceptions

GR: A delegated power cannot be re-delegated.

NOTE: Delegated power constitutes not only a right but a duty to be

performed by the delegate through the instrumentality of his own
judgment and not through the intervening mind of another.

XPNs: Permissible delegations: (PETAL)

1. Delegation to the People through initiative and referendum (1987

Constitution, Art. VI, Sec. 1)
2. Emergency powers delegated by Congress to the President. (1987
Constitution, Art. VI, Sec. 23 (2))

Requisites:

a. There must be war or other national emergency;

b. The delegation is for a limited period only;
c. Delegation is subject to restrictions as congress may prescribe; and
d. Emergency powers must be exercised to carry a national policy
declared by Congress.

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3. Congress may delegate Tariff powers to the President (1987

Constitution, Art. VI, Sec. 28(2)]
4. Delegation to Administrative bodies – also known as the power of
subordinate legislation / quasi-legislative powers.
5. Delegation to Local Governments – the grant to authority to prescribe
local regulations.

 TESTS TO DETERMINE WHETHER THE DELEGATION OF LEGISLATIVE

POWER IS VALID (2005, 2016 BAR)

a. Completeness Test – The law must be complete in all essential terms

and conditions when it leaves the legislature so that there will be
nothing left for the delegate to do when it reaches him except to enforce
it.
b. Sufficient Standard Test – fixes a standard, the limits of which are
sufficiently determinate or at least determinable to which the delegate
must conform in the performance of his functions.

B. Houses of Congress; composition and qualification of members

1. SENATE

 The Senate shall be composed of twenty four (24) Senators who shall
be elected at large by the qualified voters of the Philippines, as may be
provided by law (CONST., Art. VI, Sec. 2)

 The following are the qualifications of a senator:

1. Natural-born citizen of the Philippines;
2. At least thirty five (35) years of age on the day of the election;
3. Able to read and write;
4. Registered Voter; and
5. Resident of the Philippines for not less than two (2) years
immediately preceding the day of the election (CONST., Art. VI, Sec.
3)

 The term of office of the Senators shall be six (6) years and shall
commence, unless otherwise provided by law, at noon on the 30th of
June next following their election. No Senator shall serve for more than
two (2) consecutive terms. Voluntary renunciation of office for any
length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected
(CONST., Art. VI, Sec. 4).

2. HOUSE OF REPRESENTATIVES

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 The House of Representatives shall be composed of not more than two

hundred fifty (250) members unless otherwise provided by law,
consisting of:

a. District representatives and questions of apportionment

- Not less than 200 members, elected from legislative districts

apportioned among the provinces, cities and the Metropolitan
Manila area.

b. Party-list Representatives

- Shall constitute twenty percent (20%) of the total number of

representatives, elected through a party-list system of
registered national, regional and sectoral parties or
organizations (R.A. No. 7941, or The Party-List System Act)

 A person must meet the qualifications to become a member of the HOR:

1. Natural-born citizen of the Philippines;

2. At least 25 years of age on the day of the election;
3. Able to Read and Write;
4. Except the party-list representatives, a registered voter in the
district in which he shall be elected; and
5. A resident of the district in which he seeks to be elected for a period
of not less than one (1) year immediately preceding the day of the
election (CONST., Art. VI, Sec. 6).

 The following qualifications must be met by a person to become a

party-list nominee:

1. Natural born citizen;

2. At least 25 years of age on the day of the election;
Note: In case of the youth sector, he must be at least be 25 but not
more than 30 years old on the day of the election (R.A. No. 7941,
Sec. 9);
3. Able to Read and Write;
4. A registered voter;
5. A resident of the Philippines for a period of not less than one (1)
year immediately preceding the day of the election; and
6. A bona fide Member of the party or organization which he seeks to
represent for at least 90 days preceding the day of the election.

 There are four (4) parameters in the party-list election in the

Philippines, to wit:

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1. The twenty (20) percent allocation – 20% of the total membership

of the House of representative is the maximum number of seats
allocated for party-list representative. In other words, there is one
party-list seat for every four legislative districts seat.
2. The 2% threshold – a guaranteed seat for a party-list organization
garnering 2% of the total votes cast. The guaranteed seats shall be
distributed in a first round of seat allocation to parties that receive
at least two percent of the total party-list votes.
3. Proportional representation – the additional seats, that is, the
remaining seats after allocation of the guaranteed seats, shall be
distributed to the party-list organizations including those that
received less than 2% of the total votes.
4. The three-seat cap – each qualified party, regardless of the number
of votes it actually obtained, is entitled only to a maximum of 3 seats
(Banat v. COMELEC, G.R. No. 179295, April 21, 2009)

C. Privileges, inhibitions and disqualifications

 IMMUNITY FROM ARREST

Grants the legislators the privilege from arrest while Congress is “in
session” with respect to offenses punishable by NOT more than six (6)
years of imprisonment. (1987 Constitution, Art. VI, Sec. 11), whether or
not he is attending the session. (People v. Jalosjos, G.R. Nos. 132875-76,
Feb. 3, 2000)

 PURPOSE OF PARLIAMENTARY IMMUNITIES

It is not for the benefit of the officials; rather, it is to protect and support
the rights of the people by ensuring that their representatives are doing
their jobs according to the dictates of their conscience and to ensure
the attendance of Congressman.

 LEGISLATIVE PRIVILEGE

Provides that no member shall be questioned or held liable in any

forum other than his respective Congressional body for any debate or
speech in Congress or in any committee thereof. (1987 Constitution,
Art. VI, Sec. 11; Pobre v. Sen. Santiago, Aug. 25, 2009)

 LIMITATIONS ON LEGISLATIVE PRIVILEGE

1. Protection is only against the forum other than the Congress itself.
Thus, for defamatory remarks, which are otherwise privileged, a

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member may be sanctioned by either the Senate or the HoR, as the

case may be.
2. The “speech or debate” must be made in performance of their duties
as members of Congress.

 REQUIREMENTS FOR THE PRIVILEGE OF SPEECH AND DEBATE TO

OPERATE

1. Remarks or comments are made while in session; and

2. Must be made in connection with the discharge of official duties

D. Discipline of Members

 Disciplinary power of Congress

Each house may punish its members for disorderly behaviour and with
concurrence of 2/3 of all its members, suspend, for not more than sixty
(60) days, or expel a member. (1987 Constitution, Art. VI, Sec. 16, par.
3)

 Determination of disorderly behaviour

It is the prerogative of the House concerned and cannot be judicially

reviewed. (Osmeña v. Pendatun, G.R. No. L-17144, Oct. 28, 1960)

NOTE: Members of Congress may also be suspended by the

Sandiganbayan or by the Office of the Ombudsman. The suspension in
the Constitution is different from the suspension prescribed in RA 3019
(Anti-Graft and Corrupt Practices Act). The latter is not a penalty but a
preliminary preventive measure and is not imposed upon the
petitioner for misbehaviour as a member of Congress. (Santiago v.
Sandiganbayan, G.R. No. 128055, April 18, 2001)

 Preventive suspension is not a penalty (2015 Bar)

A court-ordered preventive suspension is a preventive measure taht is

different and distinct from the suspension ordered by the HoR for
disorderly behaviour which is a penalty. Such House-imposed sanction
is intended to enforce discipline among its members. (Paredes, Jr. V.
Sandiganbayan, G.R. No. 118354, Aug. 8, 1995)
NOTE: The suspension under the Anti-Graft Law is mandatory,
imposed not as a penalty but as a precautionary measure to prevent the
accused public officer from frustrating his prosecution. It is incidental
to the criminal proceedings before the court.

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The House-imposed sanction on the other hand, is a penalty for

disorderly behaviour.

Thus, the order of suspension in the Anti-Graft Law is distinct from the
power of the Congress under the Constitution to discipline its own
ranks. (De Venecia Jr., v. Sandiganbayan, G.R. No. 130240, Feb. 5, 2002)

E. Process of law-making

F. Quorum and voting majorities

 QUORUM PRESCRIBED FOR THE HOUSES OF CONGRESS

A majority of all the members of each House shall constitute a quorum

to do business, but a smaller number may adjourn from day to day and
may compel the attendance of absent Members in such manner and
under such penalties as such House may determine (CONST., Art. VI,
Sec. 16, par. [2])

 The basis in determining the existence of a quorum in the Senate shall

be the total number of incumbent Senators who are in the country and
within the coercive jurisdiction of the State (Avelino v. Cuenco, G.R. No.
L-2821, March 4, 1949). Thus, a senator who is abroad for whatever
reason is always discounted. While a senator who is in the country may
still be counted even if comatose or detained because they remain
within the coercive jurisdiction of the State.

 How many votes constitute a “majority of ALL members”?

An “Absolute Majority” requires the majority of all electors regardless

of the number of members present or absent during the time a question
is put to a vote, provided a quorum exists. For example, even if only 23
Senators are present at the vote, an absolute majority would require
the concurrence of at least 13 senators or (24/2)+1. For the HOR, the
number would be 126 which is (250/2)+1.

 How many votes constitute “a majority of the house”?

This refers to a type of “Simple Majority” which requires the

concurrence of more than half the electors that are within the coercive
jurisdiction of the house, provided there is a quorum. For example,
suppose three (3) Senators are abroad, then a simple majority is at least
11 which is more than half the Senators who are within the coercive
jurisdiction of the Senate.

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G. Appropriation and re-alignment

H. Legislative inquiries and oversight functions

 Legislative inquiries may refer to the implementation or re-

examination of any law or appropriation, or in connection with any
proposed legislation, or for the formulation of, or in connection with,
future legislation, or will aid in the review or formulation of a new
legislative policy or enactment. They may also extend to any and all
matters vested by the Constitution in Congress and/or in the Senate
alone. Legislative inquiry is inherent in Congress. The inquiry, to be
within the jurisdiction of the legislative body to make, must be material
or necessary to the exercise of a power in it vested by the Constitution,
such as to legislate, or to expel a Member”

 Scope of the power of legislative investigation by the Congress:

1. Power to conduct inquiry in aid of legislation in accordance with its
duly published rules of procedure;
2. Power to issue summons and notices in connection with matter
subject of its investigation or inquiry;
3. Power to punish or declare a person in contempt during or in the
course of legislative investigation; and
4. The power to determine the rules of its proceedings (Arnault v.
Nazareno, supra).

 Limitations on the power of legislative investigation of the Congress

1. Must be in aid of legislation;
2. In accordance with duly published rules of procedures;
3. The rights of persons appearing in or affected by such inquiry shall
be respected. (CONST., Art. VI, Sec. 21)

 OVERSIGHT FUNCTIONS OF THE CONGRESS

The heads of the departments may, upon their own initiative, with the
consent of the President, or upon the request of either House, as the
rules of each house shall provide, appear before and be heard by such
House on any matter pertaining to their departments. Written
questions shall be submitted to the President of the senate or the
speaker of the House of Representatives at least 3 days before their
scheduled appearance.

I. Power of impeachment

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 The informing function of the Congress involves investigating for the

purpose of enlightening the electorate. The informing function is
distinct from the power to investigate in aid of legislation of the power
of oversight.

 The House of Representatives shall have the power to initiate all cases
of impeachment (CONST., Art. XI, Sec. 3, par. (1)). The Senate shall have
the sole power to try and decide all cases of impeachment (CONST., Art.
XI, Sec. 3, par. 6) The President, Vice President, the members of the
Supreme Court, the Members of the Constitutional commissions, and
the Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust
(CONST., Art. XI, Sec. 2)

J. Electoral Tribunals

 COMPOSITION OF ELECTORAL TRIBUNALS

Each Electoral tribunal shall be composed of nine Members, three of

whom shall be justices of the Supreme Court to be designated by the
Chief Justice, and the remaining six shall be members of the senate or
the House of Representatives, as the case may be, who shall be chosen
on the basis of proportional representation form the political parties
and the parties or organizations registered under the party-list system
represented herein. The senior Justice in the Electoral Tribunal shall be
its Chairman.

 The Electoral Tribunal is independent of the Houses of Congress and its

decisions may be reviewed by the Supreme Court only upon showing
of grave abuse of discretion in a petition for certiorari filed under Rule
65. This means that each Electoral Tribunal is not subject to the control
of the House to which it pertains, and its decisions can only be
corrected by the Supreme Court through a special remedy of certiorari.

 Function of Electoral Tribunal

Acts as the sole judge of all contests relating to the elections, returns
and qualifications of the respective members of each House.

K. Commission on Appointments (CA)

 COMPOSITION:

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Consisting of the President of the Senate, as ex officio Chairman, twelve

Senators, and twelve members of the House of Representatives, elected
by each House on the basis of proportional representation from the
political parties and parties or organizations registered under the
party-list system represented therein.

 The CA shall be constituted within thirty days after the Senate and the
House of Representatives shall have been organized with the election
of the President and the Speaker.

 The CA acts as a legislative check on the appointing authority of the

President. For the effectivity of the appointment of certain key officials
enumerated in the Constitution, the consent of the CA is needed.

L. Initiative and referendum

 PEOPLE’S INITIATIVE

The power of the people to propose amendments to the Constitution or

to propose or enact legislation through an election called for the
purpose (R.A. No. 6735, Sec. 3, Par. A)

Note: R.A. No. 6735, also known as the “People’s Initiative and
Referendum Act”, is incomplete, inadequate, or wanting in essential
terms and conditions insofar as initiative on amendments to the
Constitution is concerned (Santiago v. COMELEC, G.R. No. 127325,
March 19, 1997)

 CLASSES OF PEOPLE’S INITIATIVE

There are three (3) classes of people’s initiative, to wit:

1. Initiative on the Constitution – petition proposing amendments to

the Constitution;
2. Initiative on Statutes – petition on proposing to enact a national
legislation; and
3. Initiative on Local Legislation – petition proposing to enact a
regional, provincial, city, municipal, or barangay law, resolution or
ordinance (R.A. No. 6735, Sec. 3[a])

 REFERENDUM

Is the power of the electorate to approve or reject legislation through

an election called for that purpose (R.A.No. 6735, Section 2[c]).

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 CLASSES OF REFERENDUM

1. Referendum on Statutes – petition to approve or reject an act or law

or part thereof, passed by Congress (CONST. Art. VI, Sec. 32); and
2. Referendum on Local Laws – legal process whereby the registered
voters of the local government units may approve, amend, or reject
any ordinance enacted by the Sanggunian (LGC, Sec. 126).

III. EXECUTIVE DEPARTMENT

A. Qualifications, election and term of the President and Vice-President

 The executive power shall be vested in the President of the Philippines.

(Sec. 1, Art. VII, 1987 Const.)

 No person may be elected President unless he is a natural-born citizen

of the Philippines, a registered vote, able to read and write, at least forty
years of age on the day of the election, and a resident of the Philippines
for at least ten years immediately preceding such election.

 The President and the Vice-President shall be elected by direct vote of

the people for a term of six years which shall begin at noon on the 13th
day of June next following the day of the election and shall end at noon
of the same date six years thereafter. The President shall not be eligible
for any re-election. 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.

B. Privileges, inhibitions and disqualifications

 The following are their privileges:

1. Official residence for the President; and
2. Salaries of the President and Vice-President are determined by
law and not to be decreased during his tenure (CONST., Art. VII,
Sec. 6)
3. Presidential immunity – immunity from suit during his tenure
4. Executive privilege (Presidential Communications Privilege)
has been defined as “the right of the President and high-level
executive branch officials to withhold information from
Congress the courts, and ultimately, the public”

 Inhibitions and disqualifications imposed upon them:

1. Shall have no increase in salaries during their tenure;
2. Shall not receive any other emoluments from the government or
any other source;
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3. Shall not hold any other office or employment, unless otherwise

provided in the Constitution;
4. Shall not directly or indirectly, practice any other profession,
participate in any business or be financially interested in any
contract with, or in any franchise or special privilege granted by
the government or any subdivision, agency or instrumentality
thereof, including GOCCs or their subsidiaries (CONST., Art. VII,
Sec. 13)
5. Strictly avoid conflict of interest in the conduct of their office
(CONST., Art. VII, Sec. 13); and
6. May not appoint spouse or relatives by consanguinity or affinity
within the 4th civil degree as members of constitutional
commissions, or the office of ombudsman, or as Secretaries,
undersecretaries, chairmen or heads of bureaus or offices,
including GOCCs and their subsidiaries.
C. Powers of the President
1. Executive and administrative powers in general
2. Power of appointment
a. Confirmation and by-passed appointments
b. Midnight and ad interim appointments
c. Power of removal
3. Power of control and supervision
a. Doctrine of qualified political agency
b. Executive departments and officers
c. Local Government Units
4. Military powers
a. Calling out power
b. Declaration of martial law and suspension of the privilege of the writ of
habeas corpus; requisites and parameters of extension
5. Executive Clemency
6. Powers pertinent to foreign reations
D. Rules of succession

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