G. Privileges [Sec. 11, Art. VI].

 Freedom from arrest - offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session. ”

 In People v. Jalosjos The denial was premised on the following:

1. [i] membership in Congress does not exempt an accused from statutes and
rules
which apply to validly incarcerated persons;
2. [ii] one rationale behind confinement,
whether pending appeal or after final conviction, is public self-defense, i.e.,
it is the
injury to the public, not the injury to the complainant, which state action in
criminal
law seeks to redress;
3. [iii] it would amount to the creation of a privileged class,
without justification in reason, if notwithstanding their liability for a criminal
offense,
they would be considered immune from arrest during their attendance in
Congress
and in going to and returning from the same; and
4. [iv] accused-appellant is provided
with an office at the House of Representatives with a full complement of
staff, as
well as an office at the Administration Building, New Bilibid Prison, where
he attends to his constituents

 Trillanes IV v. Judge Pimentel denied the motion. Supreme Court denied Trillanes
’ petition on the ground
that Sec. 13, Art. Ill of the Constitution, explicitly provides that crimes punishable
by reclusion perpetua are nonbailable. The Court further said that the presumption
of innocence does not necessarily carry with it the full enjoyment of civil and political
rights.

2. Privilege of speech and of debate [“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.”
 member of Congress may be held to account for such
speech or debate by the House to which he belongs

S. Powers of Congress.
1. General [plenary] legislative power- power to propose, enact, amend and repeal laws.

a) Limitations:

i.) Substantive

ia) Express:
5. Bill of rights [Art. Ill];
6. On appropriations
7. On taxation [Secs. 28 and 29 (3), Art. VI;
8. Sec. 4 (3), Art. XIV];
9. On constitutional appellate jurisdiction of the Supreme Court [Sec.30, Art.
VI]; (ia5) No law granting a title of royalty or nobility shall be passed [Sec.
31, Art. VI]

ib) Implied:
1. Non-delegation of powers;
2. Prohibition against the passage of irrepealable laws.

ii) Procedural:
 Only one subject, to be expressed in the title thereof [
is sufficient compliance if the title expresses the general subject, and all the
provisions of the statute are germane to that subject
 no matter how adverse they may be, so long as they are not inconsistent
with or foreign to the general subject.
 R.A. 8249 which “defines” the jurisdiction of the Sandiganbayan but
allegedly “expands” said jurisdiction, does not violate the one-title-one-
subject requirement.
o Reason: necessaryconsequence of the amendments.
 satisfied if the title is comprehensive enough, as in this case, to include
subjects related to the general purpose which the statute seeks to achieve.
 the title, because the title is not required to be a complete index of its
contents
 a rider is a provision not germane to the subject matter of the bill,

iib) Three readings on separate days

 upon last reading, no amendment allowed, and vote thereon taken
immediately and yeas and nays entered in the Journal
 presidential certification dispensed with the requirement not only of
printing but
also that of reading the bill on separate days.
b) Legislative Process.
i) Requirements as to bills:
 It is important to emphasize that it is not the law, but the bill, which is
required to originate exclusively in the House of Representatives, because
the bill may undergo such extensive changes in the Senate that the result
may be a rewriting of the whole.
 As a result of the Senate action, a distinct bill may be produced.
 To insist that a revenue statute, not just the bill, must be substantially
the same as the House bill would be to deny the Senate’s power not only “
to concur
with amendments” but also to “propose amendments”. It would violate the
coequality of legislative power of the Senate.

 The filing of a substitutebill in the Senate in anticipation of its receipt of the

bill from the House does not contravene the constitutional requirement
that a bill of local application should
originate in the House of Representatives

 is well settled that a legislative act will not be declared invalid for non-
compliance with the internal rules of the House. In Osmena v.
Pendatun, supra., it was heldthat rules adopted by deliberative bodies
are subject to revocation, modification orwaiver at the pleasure of
the body adopting them. Furthermore, parliamentary rules are merely
procedural, and with their observance courts have no concern.They may
be waived or disregarded by the legislative body.

 the power of the Bicameral Conference Committee to include in its report

an entirely new provision that is not found either in the House bill or in the
Senate bill.
 there is no reason why it cannot propose several provisions, collectively
considered as “an amendment in the nature of a substitute”, so long as the
amendment is germane to the subject of the bills before the Committee
 It may propose an entirely new provision.

iii) Approval of bills.

iiia) When the President approves the same and signs it.
iiib) When Congress overrides the Presidential veto. - of two-thirds
of all members of the House of origin and the other House.
iiibl) No pocket veto.
iiib2) Partial veto. – invalid; allowed only for particular items in an
appropriation, revenue or tariff bill “item veto”.
 The President cannot veto part of an item in an appropriation bill
while approving the remaining portion of the item.
 President cannot set aside a judgment of the Supreme Court;
neither can the veto power be exercised as a means of repealing
R.A. 1797. The veto also impairs the fiscal autonomy of the
Judiciary, and deprives retired justices
of the right to a pension vested under R.A. 1797

iiib3) Legislative veto. A congressional veto is a means whereby the

legislature can block or modify administrative action taken under a statute.

4. Power of Legislative Investigation

 conduct inquiries in aid of legislation encompasses

everything that concerns the administration of existing laws, as well as proposed
or possibly needed statutes. It even extends to government agencies created by
Congress and officers whose positions are within the power of Congress to
regulate or abolish.

 mere provision of law cannot pose a limitation to

the broad power of Congress in the absence of any constitutional basis.

b) Limitations:
i) In aid of legislation.
 Bengzon v. Senate Blue Ribbon CommitteeSenate enrile
 he merely called upon the Senate to look into possible violation of Sec. 5, RA
3019. There appears to be no intended legislation involved. Further, the issue
to be investigated is one over which jurisdiction has been acquired by the
Sandiganbayan;

Notes:
 mere filing of a criminal or an administrative complaint before a court or a
quasi-judicial body should not automatically bar the conduct of legislative
inquiry, otherwise,

 Surely, the exercise of sovereign legislative authority, of which the power

of legislative inquiry is an essential component, cannot be made
subordinate to a criminal or an administrative investigation
 ii) In accordance with duly published rules of procedure.
iii) Rights of persons appearing in, or affected by such, inquiry shall
be respected.
 Morfe v. Mutuc, the Court said that there is no infringement of the
individual’s right to privacy as the requirement to disclose information
is for a valid purpose; in this case, to ensure that the government
involved in regulating banking transactions adequately protect the
public
who invest in foreign securities.
 NO violation on petitioners’ right against self-incrimination, because
the officers of are not being indicted as accused in a criminal
proceeding; they are merely summoned as persons, or as witnesses.
Likewise, they will not besubjected to any penalty by reason of their
testimony

c) Power to punish contempt.

 Senate, being a continuing body, may order imprisonment for an indefinite
period, but principles of
due process and equal protection will have to be considered. See Arnault
 power of contempt in a legislative inquiry. Also granted to congress respective
committees. direct conferral of the power to the committees.

5. Question hour-
 The heads of 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 must be submitted 3 days prior to appearance
 When the security of the State or the public interest so requires, the appearance
shall be conducted in executive session.
 the objective of which is to obtain information in pursuit of Congress’ oversight
function

Notes:
 when Congress merely seeks to be informed on how
department heads are implementing the statutes which it has issued
 the deparment heads must give a report of their performance as a matter of
duty. In such
  when the inquiry in which Congress requires their appearance is “in aid of
legislation” under Sec. 21, the appearance is mandatory – to exempt themselves
therefrom is by a valid claim of executive privilege.
 Only the President is exempted — on whom executive power is vested,
hence, beyond the reach of Congress except through the power of
impeachment.
 requirement for Cabinet Members to secure Presidential consent – limited only
toappearances in the question hour, is valid on its face, cannot be applied on
inquiries in aid of legislation.
 Congress is not bound
 Except: unless a valid claim of privilege is subsequently made either by the
President herself or by the Executive Secretary, acting for the President.

6. War powers - 2/3 of both Houses in joint session

assembled, voting separately, declare the existence of a state of war

7. Power to act as Board of Canvassers in election of President [Sec. 4,

Art. VII].

 Congress may validly delegate the initial determination of the authenticity and
due execution of the certificates of canvass a Joint Congressional Committee,
composed of members of the House of Representatives and of the Senate.
 creation of the Joint Committee does not constitute grave abuse a
 reason: the decisions and final report of the said Committee shall be subject
to the approval of the joint session of Congress, the two Houses voting
separately

 constitutional duty of canvassing the presidential and vice presidential
election results without need of any call for a special session by the
President. – may conintualy performed by congress even after adjournment
 Reason: Sec. 4, Article VII: to canvass the votes for and to proclaim the
newly-elected President and Vice President has not, and cannot, adjourn sine
die until it has accomplished its constitutionally mandated tasks. For only
when a board of canvassers has completed its functions is it rendered functus
officio

8. Power to call a special election for President and Vice President [Sec. 10,
Art. VII].
9. Power to judge President’s physical fitness to discharge the functions of
the Presidency [Sec. 11, Art. VII],
10. Power to revoke or extend suspension of the privilege of the writ of
habeas corpus or declaration of martial law [Sec. 18, Art. VII].
11. Power to concur in Presidential amnesties. Concurrence of majority of all
the members of Congress [Sec. 19, Art. VII],
12. Power to concur in treaties or international agreements. Concurrence of
at least 2/3 of all the members of the Senate [Sec. 21, Art. VII]. See Commissioner
of Customs v. Eastern Sea Trading, 3 SCR A 351.

13. Power to confirm certain appointments/nominations made by the

President.

 Nomination made by the President in the event of a vacancy in the

Office of Vice President, from among the members of Congress, confirmed by a
majority vote of all the Members of both Houses of Congress, voting separately

 b) Nominations made by the President under Sec. 16, Art. VII, confirmed by
Commission on Appointments

14. Power of impeachment [Sec. 2, Art. XI].

15. Power relative to natural resources [Sec. 2, Art. XII].
16. Power to propose amendments to the Constitution [Secs. 1 and 2, Art
XVII].

THE EXECUTIVE DEPARTMENT

1. Qualifications

2. Election

a) Regular Election: Second Monday of May.

b) Congress as canvassing board. - Senate President who, upon receipt of the
certificates of canvass, shall, not later than 30 days after the day of the
election, open all the certificates in the presence of the Senate and the
House of Representatives in joint public session
- In case two or more candidates shall have an equal and highest number
of votes, one of them shall be chosen by a majority vote of all the
members of Congress.

 Sec. 18.5 of R.A. 9189 (Overseas Absentee Voting Act of 2003),

unconstitutional; insofar as it grants sweeping authority to the
Comelec to proclaim all winning candidates

 Congress may validly delegate the initial determination of the authenticity

and due execution of the certificates of canvass to a Joint Congressional
 Committee, composed of members of the House of Representatives
and of the Senate.

 Even after Congress has adjourned its regular session, it may continue to
perform this constitutional duty of canvassing the presidential and vice
presidential election results without need of any call for a special session
by the President.

 cannot, adjourn sine die until it has accomplished its constitutionally

mandated tasks. For only when a board of canvassers has completed its
functions is it rendered functus officio


 no constitutional or statutory basis for Comelec to undertake a separate
and an “unofficial” tabulation of, results, whether manually or
electronically. By conducting such “unofficial” tabulation, the Comelec
descends to the level of a private organization, spending public funds for
the purpose.

c) Supreme Court as Presidential Electoral Tribuna- sitting en banc, shall be the

sole judge of all contests relating to the election, returns and qualifications of the
President or Vice President, and may promulgate its rules for the purpose

3. Term of Office: six [6] years.

 February 7, 1986 election is, for purposes of synchronization of elections,

extended to noon of June 30, 1992
 a) No re-election

c) Immunity from suit.

 while the President is immune from suit, she may not be prevented from
instituting suit.
 immune from civil liability
 After his tenure, he cannot invoke immunity from suit for civil
damages arising out of acts done by him while he was President which
were not performed in the exercise of official duties
  DECS Secretary is an alter ego of the President, cannot invoke the
President’s immunity if questioned acts are not the acts of the President
but merely those of a department Secretary

d) Executive Privilege.- is an Exemption from the obligation to disclose information

 right of the President and high-level executive branch officials to withhold

information from Congress, the courts, and ultimately, the public”.
 Example: confidential matters
 presidential conversations,
 correspondences,
 or discussions during closed-door Cabinet meetings,
 internal deliberations of the Supreme Court and other collegiate
courts,
 executive sessions of either House of Congress

 claim of executive privilege is highly recognized in cases where the subject of

the inquiry relates to a power textually committed by the Constitution to the
President, such as in the area of military and foreign relations as a
(commander in chief, appointing, pardoning and diplomatic powers).

6. Prohibitions/lnhibitions

a) Shall not receive any other emoluments from the government or any other
source.
b) Unless otherwise provided in this Constitution, shall not hold any other office
or employment.
c) 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 government-owned or - controlled corporations or
their subsidiaries.
d) Strictly avoid conflict of interest in the conduct of their office.
e) May not appoint spouse or relatives by consanguinity or affinity within the
fourth civil degree as Members of Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Under Secretaries, chairmen or heads of bureaus or
offices, including government-owned or -controlled corporations and their
subsidiaries.

Notes:
  Vice President may be appointed to the Cabinet, without need of confirmation by
the Commission on Appointments
 Secretary of Justice is an ex officio member of the Judicial and Bar Council
 Secretary of Transportation and Communications is the ex-officio Chairman of
them Board of the Philippine Ports Authority and the Light Rail Transit Authority.
The ex-officio position being actually and in legal contemplation part of the
principal office, it follows that the official concerned has no right to receive
additional compensation for his services in said position.
 Reason: these services are already paid for and covered by the compensation
attached to the principal office

 petitioner, who sits in the PEZA Board merely as representative of the Secretary
of Labor, is likewise prohibited from receiving any compensation therefor.
Otherwise, the representative wouldhave a better right than his principal

7. Rules on Succession.

a) Vacancy at the beginning of the term.

i) Death or permanent disability- Vice president

ii) President-elect fails to qualify - Vice president as acting

iii) President shall not have been chosen - Vice president as acting

iv) No President and Vice President chosen nor shall have qualified, or
both shall have died or become permanently disabled: they only act as
President or a Vice President
 President of the Senate or in case of disability
 Speaker of the House of Representatives
 Congress shall, by law, provide for the manner in which one who is
to act as President shall be selected until a President or a Vice
President shall have qualified.

b) Vacancy during the term (vice president becomes President

i) Death,
ii) permanent disability,
iii) removal from office, or
iv) resignation of the President:
elements of a valid resignation
[1] intent to resign;
 [2] act of relinquishment.

 Joseph Ejercito Estrada v. Gloria Macapagal-Arroyo,

 [i] he acknowledged the oath-taking of the respondent as President;
 [ii] he emphasized he was leaving the palace for the sake of peace and in order
to begin the healing
process (he did not say that he was leaving due to any kind of disability and that
he
was going to reassume the Presidency as soon as the disability disappears);
 [iii] he expressed his gratitude to the people for the opportunity to serve them as
President
(without doubt referring to the past opportunity);
 [iv] he assured that he will not shirk
from any future challenge that may come in the same service of the country; and
 [v] he called on his supporters to join him in the promotion of a constructive
national
spirit of reconciliation and solidarity.

c) Temporary Disability.
 If notice transmitted by president to Congress: his powers and duties shall be
discharged by the Vice President as Acting President.
 Notice transmitted by majority of all the Members of the Cabinet - vice President
as Acting President.
 If thereafter president transmits written declaration that no inability exists, he
shall reassume the powers and duties of his office.
 Unless within 5 days majority of the Members of the Cabinet transmit a
declaration that the President is unable to discharge the powers and duties of his
office, Congress shall decide the issue. - shall convene, if not in session,
within 48 hours.

d) Constitutional duty of Congress in case of vacancy in the offices of

President and Vice President:

 At 10 o’clock in the morning of the 3rd day after the vacancy occurs, Congress
shall convene without need of a call, and within 7 days enact a law calling for a
special election to elect a President and a Vice President to be held not earlier
than 45 nor later than 60 days from the time of such call.
 convening of Congress cannot be suspended nor the special election postponed,
 No special election shall be called if the vacancy occurs within 18 months
before the date of the next presidential election
8. Removal of the President. By impeachment

B. The Vice President.

1. Qualifications (same of the president)

- but Shall not serve for more than 2 successive terms.

2. Vacancy in the office of the Vice President [[Sec. 9, Art. VII]:

C. Powers of the President

1. The Executive Power [Secs. 1, Art. VII

 the power to enforce and administer the laws.
 is the power of carrying out the laws into practical operation and
enforcing their due observance. (National Electrification Administration
v. CA)
 b) Authority to reorganize the Office of the President.
TheAdministrative
- Code of 1987 (EO 292)
- Purpose is“to achieve simplicity, economy and efficiency”.
- Office of the President is the nerve center of the Executive
Branch.
- Distinguished:

Sec. 31 (1) of EO 292 Sec. 31 (2) and (3),

President can President’s power to
reorganize the Office of
the President Proper reorganize offices outside
the
Office of the President
Proper
Done by abolishing, limited to merely
consolidating or transferring functions or
merging units, or by agencies from the Office of
transferring functions from the President to
one unit to another Departments or Agencies,
and vice
 versa

 “specific grant of executive powers is not inclusive but is merely a limitation

upon the general grant of executive power.”
Example:
1.) his general supervision over local governments could be exercised by
him only as may be provided by law.
2.) his“residual powers”
3.) President’s authority to carry out a reorganization of the Department of
Health under the Constitution and statutes. - an adjunct of the
Presidents power of control exercise and residual powers

 until and unless a law is declared unconstitutional, the President has a duty
to execute it regardless of his doubts on its validity.

2. The Power of Appointment [Sec. 16, Art. VII:

a) Distinguished:

Appointment designation commission

the selection, by the imposition of Written evidence of the
authority vested with additional duties, appointment.
the usually by law, on a
power, of an individual person already in the
who is to exercise the public service.
functions of a given
office.

b) Classification of Appointment

i) Permanent or temporary.

Permanent temporary.
those extended to persons given to persons without such eligibility,
possessing the qualifications revocable at will and without the
and the requisite eligibility necessity of just cause or a valid
and are thus protected by the investigation; made on the
constitutional guarantee of understanding that the appointing power
security of tenure has not yet decided on a permanent
appointee and that the temporary
 appointee may be replaced at any time a
permanent choice is made.
Same with designation, it is Not subject to
confirmation by the Commission on
Appointments. if
Even if confirmation given erroneously,
will not make him a permanent appointee
does not confer security of tenure on
the person named

ii) Regular or ad interm.

Regular ad interim.

one made by the one made by the President

President while Congress is in while Congress is not in session
session,
takes effect only after takes effect immediately
confirmation by the Commission on
Appointments,

once approved, continues until the but ceases to be valid

end of the if 1.) disapproved by the Commission on
term of the appointee Appointments or
2.) upon the next adjournment
of Congress.- the ad interim appointment is
deemed “by-passed”
through inaction.
intended to prevent interruptions
in vital government services that would
otherwise result from prolonged vacancies
in government offices
IT IS A PERMANENT APPOINTMENT
Reason: takes effect immediately and can
no
longer be withdrawn by the President once
the appointee has qualified into office.
The fact that it is subject to confirmation by
the Commission on Appointments does
not alter its permanent character [
  AD INTERIM.
 2 causes for termination

1.) disapproval of the appointment by the Commission on Appointments

- disapproval is a final decision of the Commission in the exercise
of its checking
power on the appointing authority of the President
- final and binding on both the appointee and the appointing power

2.) adjournment by Congress without the Commission on Appointments

acting on the appointment
- by-passed because of lack of time or failure of the Commission on
Appointments to organize
- no final decision, hence Absent such decision, the President is
free to renew the ad interim appointment

c) Officials who are to be appointed bv the President. (with the consent of the
Commission on Appointments)

1.) First Sentence

a] Heads of executive departments;
[b] Ambassadors, other public ministers and consuls;
[c] Officers of the armed forces from the rank of colonel or naval captain;
- refers to military officers alone.
- officers of the Philippine Coast Guard (PCG) excluded as it is no longer
part of the Philippine Navy or the Armed Forces of the Philippines, but is
now under
the Department of Transporation and Communications (DOTC)- a civilian
agency

[dj Those other officers whose appointments are vested in him in the
Constitution.
 Commissioner of Customs - appointment of a sectoral representative
falls under category [d] Sec. 7, Art. XVIII of the Constitution

2). ii) The second sentence of Sec. 16, VII, states that he shall also
appoint
[a] All other officers of the Government whose appointments are not
otherwise provided by law; and
[b] Those whom he may be authorized by law to appoint.

Notes:

 No necessity of confirmation of COA

 1.) Chairman of the Commission on Human Rights
2.) NLRC Chairman and commissioners
3.)

 Supreme Court said that Congress cannot, by law, require the

confirmation of appointments of
government officials other than those enumerated in the first sentence of
Sec. 16, Art. VII.
 Tarrosa v. Singson, petitioner as a “taxpayer” questioning the
appointment of
Gabriel Singson as Governor of the BSP - petition was dismissed; a quo
warranto proceeding, which can be commenced only by the Solicitor
General or by “a person claiming to be entitled to a public office or
position unlawfully held or exercised by another”.
 Rufino v. Endriga,- manner of filling vacancies in public office through
election by the co-workers in that office- Unconstitutional
 appointment is deemed complete only upon its acceptance.
 Appointment to a public office cannot be forced upon any citizen
EXCEPT For purposes of defense of the State under Sec.
4, Art. II, as an exception to the rule against involuntary servitude.

d) Steps in the appointing process:

i) Nomination by the President;
ii) Confirmation by the Commission on Appointments;
iii) Issuance of the commission;
iv) Acceptance by the appointee.

e) Discretion of Appointing Authority.

 Appointment is essentially a discretionary power

 only condition being that the appointee, if issued a permanent
appointment, should possess the minimum qualification requirements,
including the Civil Service eligibility prescribed by law for the position.
 Pimentel v. Ermita, Supreme Court said that the essence of an
appointment in an acting capacity is its temporary nature. In case of a
vacancy in an office occupied by an alter ego of the President, such as the
office of Department Secretary, the President must necessarily appoint the
alter ego of her choice as Acting Secretary before the permanent
appointee of her choice could assume office. Congress, through a law,
cannot impose on the President the obligation to appoint automatically the
undersecretary as her temporary alter ego. An alter ego, whether
temporary or permanent, holds a position of great trust and confidence
  we find no abuse in the present case.

f) Special Constitutional Limitations on the President’s appointing power:

 [Sec. 13, Art. VII].
 [Sec. 14, Art. VII].
 [Sec. 15, Art. VII].
Note:
 Supreme Court ruled that this provision applies only to presidential
appointments.
There is no law that prohibits local executive officials from making
appointments during the last days of their tenure.
 The presidential power of appointment may also be limited by
Congress through its power to prescribe qualifications for public
office
 judiciary may annul an appointment made by the President if the
appointee is not qualified or has not been validly confirmed

g) The Power of Removal.

 GENERAL RULE, It is be implied from the power of appointment

 Requirements for removal made by president:

1.) only for cause as may be provided by law
2.) accordance with the prescribed administrative procedure.

 Under President authority

1.) Members of the career service of the Civil Service who are appointed
by the President
2.) Members of the Cabinet and such officers whose continuity in office
depends upon the pleasure of the President

 Exception: officials appointed by him where the Constitution prescribes

certain methods for
separation of such officers from public service
Example:
1) Chairmen and Commissioners of Constitutional Commissions –
impeachment
2.) judges – subject to disciplinary authority of the Supreme Court
3. The Power of Control [Sec. 17, Art. VII

b) The alter ego principle. Also known as the “doctrine of qualified

political agency”. Under this doctrine which recognizes the establishment of a
single executive, all executives and administrative organizations are adjuncts
of the Executive Department, the heads of the various executive departments are
assistants and agents of the Chief Executive, and except in cases where the Chief
Executive is required by the Constitution or law to act in person or the exigencies
of the situation demand that he act personally, the multifarious executive and
administrative functions of the Chief Executive are performed by and through the
executive departments, and the acts of the Secretaries of such departments
performed and promulgated in the regular course of business are, unless
disapproved or reprobated by the Chief Executive presumptively the acts of the
Chief Executive

g) The President exercises only the power of general supervision over

local governments [Sec. 4, Art. X], i)

 only interfere in the affairs and activities of a local government unit if he or

she finds that the latter had acted contrary to law.
 Sec. 187, R.A. 7160, which authorizes the Secretary of Justice to review
the constitutionality or legality of a tax ordinance — and, if warranted, to
revoke it on either or both grounds — is valid
 President’s power over local governments is only one of general
supervision, and not one of control

4. The Military Powers [Sec. 18, Art. VII: “

a) The Commander-in-Chief clause.

i) “The President shall be the Commander-in-Chief of all armed

forces of the Philippines...”
  Gudani v. Senga, - Senate Committee on National Defense invited
several senior AFP officers to testify on matters related to the conduct of
the 2004 elections. - violation of Articles of War 65, on will fully
disobeying a superior officer, in relation to Articles of War 97, on conduct
prejudicial to good order and military discipline
 these commander- inchief powers are not encumbered by the same
degree of restriction as that which
may attach to executive privilege or executive control

ii) To call out (such) armed forces to prevent or suppress lawless violence,
invasion or rebellion.
 He necessarily exercises a discretionary power solely vested in his
wisdom. The Court
cannot overrule the President’s discretion or substitute its own.

 the decision to call out the armed forces must be done swiftly and
decisively if it were to have any effect at all.

 President may summon the armed forces to aid her in suppressing

lawless violence, invasion or rebellion; this involves ordinary police action.
But every act that goes beyond the President’s calling-out power is
considered illegal or ultra vires.

 Supreme Court recognized, as part of the military powers of the President,

the conduct of“saturation drives” or “areal target zoning” by members of
the Armed Forces of the Philippines.

 President has discretionary authority to declare a “state of rebellion”. The

Court may only look into the sufficiency of the factual basis for the
exercise of the power.

 As held in Lacson v. Perez, supra., the authorities may only resort to

warrantless arrests of persons suspected of rebellion as provided under
Sec. 5, Rule 113 of the Rules of Court. Be that as it may, the Court said
that, in calling out the armed forces, a declaration of a state of rebellion is
an “utter superfluity”. At most, it only gives notice to the nation that such a
state exists and that the armed forces may be called to prevent or
suppress it.

 DISTINCTION:
 President’s authority to declare a authority
to proclaim a state of national
state of rebellion emergency.
emanates from her powers as Chief
Executive
declaration exercise of awesome powers which
was deemed harmless and without cannot be deemed as harmless or
legal significance, without
legal significance

iii) The power to organize courts martial for the discipline of the members of the
armed forces, create military commissions for the punishment of war criminals.
 military tribunals cannot try civilians when civil courts are open and functioning..
members of the Philippine
 National Police are not within the jurisdiction of a military court.
 RTC cannot divest the General Court Martial of jurisdiction over those
charged with violations of Art. 63 (Disrespect Toward the President, 64
(Disrespect Toward Superior Officer), 67 (Mutiny or Sedition). 96 (Conduct
Unbecoming an Officer and a Gentleman) and 97 (General Articles) of
the Articles of War – are service connected offenses or crimes” under Sec. 1,
R.A. 7055.
 an officer whose name was dropped from the roll of officers cannot be
considered to be outside the jurisdiction of military authorities when military
justice proceedings were initiated against him before the termination of his
service. Once jurisdiction has been acquired over the officer, it continues until his
case is terminated.

b) Suspension of the privilege of the writ of habeas corpus.

i) Grounds:
a.) Invasion or rebellion,
b.) when public safety requires it.

ii) Duration: Not to exceed sixty days, except: extended by Congress.

iii) Duty of President to report action to Congress: within 48 hours,

personally or in writing.
iv) Congress may revoke [or extend on request of the President] the
effectivity of proclamation by a majority vote of all its members, voting jointly.
 v) Supreme Court may review - decision thereon within thirty days from its filing

vi) The suspension of the privilege of the writ does not impair the
right to bail

vii) The suspension applies only to persons judicially charged for

rebellion or offenses inherent in or directly connected with invasion.

viii) During the suspension of the privilege of the writ, any person
thus arrested or detained shall be judicially charged within three days,
otherwise
he shall be released.

c) Martial Law. does not suspend the operation of

the Constitution, nor supplant the functioning of the civil courts or legislative
assemblies, nor authorize the conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to function, nor automatically
suspend the privilege of the writ” [Sec. 18, Art. VII].

 constitutional limitations for the suspension of the privilege of the writ are likewise imposed on the
proclamation of martial law.

5. The Pardoning Power [Sec. 19, Art. VII:

a) Definitions:

i) Pardon. act of grace which exempts the individual punishment that

the law inflicts for the crime he has committed.

ii) Commutation. Reduction or mitigation of the penalty.

iii) Reprieve. Postponement of a sentence or stay of execution.

iv) Parole. Release from imprisonment, but without full restoration of

liberty, as parolee is still in the custody of the law although not in
confinement.
 v) Amnesty. Act of grace, concurred in by the legislature, usually
extended to groups of persons who committed political offenses, which
puts into oblivion the offense itself.

b) Exercise bv the President.

 Discretionary; may not be controlled by the legislature or reversed by

the courts, unless there is a constitutional violation

c) Limitations on exercise:

i) Cannot be granted in cases of impeachment [Sec. 19, Art. VII].

ii) Cannot be granted in cases of violation of election laws
withoutMthe favorable recommendation of the Commission on
Elections [Sec. 5, Art. IX-C].
iii) Can be granted only after conviction by final judgment

iv) Cannot be granted in cases of legislative contempt (as it would

violate separation of powers), or civil contempt (as the State is without
interest in the same)

v) Cannot absolve the convict of civil liability.

vi) Cannot restore public offices forfeited

 1987 Constitution prohibits the grant of pardon, whether full or

conditional, to an accused during the pendency of his appeal from the
judgment of conviction by the trial court. Any application for a pardon
should not be acted upon, or the process toward its grant should not begin,
unless the appeal is withdrawn.

 while the pardon was void for having been extended during the
pendencyof the appeal, or before conviction by final judgment,
and therefore a violation ofSec. 19, Art. VII, the grant of amnesty,
 applied for by the accused-appellants under Proclamation No. 347,
was valid.

 pardoned elementary school principal, on considerations of justice

and equity, was deemed eligible for reinstatement to the same
position of principal and not to the lower position of classroom
teacher.

d) Pardon Classified.
i) Plenary or partial.
ii) Absolute or conditional.

 Conditional Pardon: nature of a contract

between the Chief Executive and the convicted criminal; by the
pardonee’s consent
to the terms stipulated in the contract, the pardonee has placed
himself under the supervision of the Chief Executive or his delegate
who is duty bound to see to it that the pardonee complies with the
conditions of the pardon.

e) Amnesty. – person stands before

the law precisely as though he had committed no offense
- penalty and all its effects are thus extinguished..
- to avail of the benefits one must admit his guilt of the offense covered by the proclamation.

Pardon Amnesty
infractions of peace of the state; addressed to political offenses
individuals classes of persons
acceptance necessary No need for distinct acts of
acceptance
does not requires
concurrence of Congress,
private act which must be pleaded a public act which the courts
and proved; may take
judicial notice of,
looks forward and relieves Looks backward and puts into
the pardonee of the consequences oblivion the offense itself
of the offense.
Judicial Power - duty of the courts of justice to:
1. settle actual controversies involving rights which are legally demandable and enforceable
2. 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

 “political question” area - forbidden territory for the courts

 power to amend and control its processes and orders to as to make them conformable with law and
justice includes the right to reverse itself
 examining its own ruling and rectifying errors of judgment if blind and stubborn adherence to res
judicata would involve the sacrifice of justice to technicality

2. Where vested: In one Supreme Court and in such lower courts as may be
established by law

3. Jurisdiction. Jurisdiction is defined as the power to hear and decide a

case.

 Sec. 27, R.A. 6770, which authorizes an appeal to

the Supreme Court from decisions of the Ombudsman in administrative
disciplinary cases, was declared unconstitutional, because the provision
was passed without the advice and consent of the Supreme Court

B. Constitutional Safeguards to insure the independence of the Judciiary.

1. The Supreme Court is a constitutional body; it may not be abolished by
the legislature.
2. The members of the Supreme Court are removable only by impeachment.
3. The Supreme Court may not be deprived of its minimum original and
appellate jurisdiction; appellate jurisdiction may not be increased without its advice
and concurrence.
4. The Supreme Court has administrative supervision over all inferior courts
and personnel.
5. The Supreme Court has the exclusive power to discipline judges/ justices
of inferior courts.
6. The members of the Judiciary have security of tenure.

7. The 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; the Judiciary enjoys fiscal
autonomy.

9. The Supreme Court, alone, may initiate and promulgate the Rules of
Court.
10. The Supreme Court, alone, may order temporary detail of judges.
11. The Supreme Court can appoint all officials and employees of the Judiciary.
  fiscal autonomy enjoyed by the
Judiciary contemplates a guarantee of full flexibility to allocate and utilize their
resources with the wisdom and dispatch that their needs require. It recognizes the
power and authority to levy, assess and collect fees, fix rates of compensation not
exceeding the highest rates authorized by law for compensation and pay plans of
the government and allocate and disburse such sums as may be provided by law
or prescribed by them in the course of the discharge of their functions.

 constitutional prohibition against

midnight appointments [Sec. 15, Art. W//which states 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 except
temporary appointments to executive positions when continued vacancies
therein will prejudice public service or endanger public safety

 distinction between “cases”

on the one hand, and “matters” on the other hand, such that cases are “decided”,
while matters are “resolved”. On the basis of this distinction, only “cases” are
referred to the Supreme Court en banc for decision whenever the required number of votes is not obtained.

 No doctrine or principle of law laid down by the court in a decision

rendered en banc or in division may be modified or reversed except by the court
sitting en banc.

3. Powers [Sec. 5, Art. VIII]:

a) Original jurisdiction

 ambassadors, other publicministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus.

b) Appellate jurisdiction

 this power does not include the power of the Supreme Court to review decisions of administrative
bodies, but is limited to “final judgments and orders of lower courts
 Only in cases where the penalty actually imposed is death must the trial court forward the records of
the case to the Supreme Court for automaticmreview of the conviction

 Fabian v. Desierto, which provides that orders, directives and decisions of the Ombudsman in
administrative cases are appealable to the Supreme Court through Rule 45 of the Rules of Court, was
declared unconstitutional, because it expands the Supreme Court’s jurisdiction without its advice
and concurrence

 appellate jurisdiction of the Supreme Court over

decisions and final orders of the Sandiganbayan is limited to questions of law
question of law exists when the doubt or controversy concerns the correct application of law or
jurisprudence to a certain set of facts;
- or when the issue doesnot call for an examination of the probative value of the evidence presented,
the truth or falsehood of facts being admitted.

c) Temporary assignment of judges of lower courts to other stations- hall not exceed six months without
the consent of the judge concerned.

e) Rule Making Power:

Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice and procedure in all courts,
the admission to the practice of law, the Integrated Bar, and legal assistance to
the underprivileged. i)

i) Limitations on the rule-making power.

- provide a simplified and inexpensive procedure for the speedy disposition of cases;
- they must be uniform for all courts of the same grade; and
- must not diminish, increase or modify substantive rights.

 principle that trial by assessors is a substantive right and may not be repealed by the Supreme Court.
 within the competence of the Supreme Court, in the exercise of its power create a Special Division in
the Sandiganbayan which will hear and decide the plunder case against former President Joseph
Estrada.

iii) An “Integrated Bar” is a State-organized Bar, to which every lawyer

must belong, - official unification of the entire lawyer population

 essentially a process by which every member of the Bar is afforded an opportunity to do his share in
carrying out the objectives of the Bar as well as obliged to bear his portion of its responsibilities

 payment of dues is a necessary consequence of membership in the Integrated Bar of the Philippines
 practice of law is not a property right but a mere privilege, and as such must bow to the inherent
regulatory power of the Supreme Court to exact compliance with the lawyer's public responsibilities

The writ of amparo –

 an effective and inexpensive instrument for the protection of constitutional rights Amparo, literally “to
protect”,
 The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and
security is violated or threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity

 temporary protection order, inspection order, production order or a witness protection order.

 No writ of amparo may be issued unless there is a clear allegation of the supposed factual and legal
basis of the right sought to be protected.
  shall not issue when applied for as a substitute for the appeal or certiorari process, or when it will
inordinately interfere with these processes

v) The writ of habeas data.

 an independent remedy to protect the right to privacy, especially the right to informational privacy.
 basic attribute of an effective rightto informational privacy is the right of the individual to control the flow
of information concerning or describing them.
 The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or
security is violated or threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or
information regarding the person, family, honor and correspondence of the aggrieved party.

vi) Congress cannot amend the Rules of Court

 In fine, the power to promulgate rules of pleading, practice and procedure is no longer shared by this
Court with Congress, more so with the Executive.”
 Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court

f) Power of Appointment: Supreme Court appoints all officials and

employees of the Judiciary in accordance with the Civil Service Law

g) Power of Administrative Supervision: The Supreme Court shall have

administrative supervision over all courts and the personnel thereof

 Ombudsman may not initiate or investigate a criminal or administrative complaint before his office
against a judge; he must first indorse the case to the Supreme Court for appropriate action
 ii) Administrative proceedings before the Supreme Court are confidential in nature in order to protect
the respondent therein who may turn out to be innocent of the charges

h) Annual Report: within 30 days from the

opening of each regular session of Congress, to the President and to Congress an
annual report on the operations and activities of the Judiciary

4. Consultations/Decisions of Supreme Court [

a) Conclusions in any case submitted to it for decision shall be reached

in consultation before the case is assigned to a member for the writing of the
opinion of the Court. A certification to this effect signed by the Chief Justice shall
be issued. This requirement is applicable also to lower collegiate courts.

Exception:

1. not apply to administrative cases

2. When the votes are equally divided and the majority vote is not obtained, petition shall be dismissed
b) The decision shall state clearly and distinctly the facts and the law on
which it is based.

Exception:

1. does not apply to a minute resolution dismissing a petition for habeas corpus, certiorari and
mandamus, provided a legal basis is given therein
2. administrative cases
3. does not preclude the validity of “memorandum decisions”, which adopt by reference the findings of
fact and conclusions of law contained in the decisions of inferiortribunals

 Memorandum decisions” are a species of succinctly written decisions by appellate courts

memorandum decision should actually embody the findings of facts and conclusions of law of the lower court in
an annex attached to and made an indispensable part of the decision

4. A decision need not be a complete recital of the evidence presented. So long as the factual and legal
basis are clearly and distinctly set forth supporting the conclusions drawn therefrom, the decision
arrived at is valid.

 the decision, which consisted only of the dispositive portion (denominated a sin perjuicio judgment)
was held invalid.

c) No petition for review or motion for reconsideration shall be refused due

course or denied without stating the legal basis therefor
 “lack of merit” is sufficient declaration of the legal basis for denial of petition for
review or motion for reconsideration.

F. Tenure of Judges/Justices.

 Supreme Court: Justices may be removed only by impeachment

 Supreme Court said that the Special Prosecutor (Tanodbayan) is without authority to conduct
an investigation on charges against a member of the Supreme Court with the end in view of
filing a criminal information against him with the Sandiganbayan.

 Lower Courts
 during good behavior until they reach the age of seventy years
or become incapacitated to discharge the duties of their office order their dismissal by a vote of a
majority of the members who
 actually took part in the deliberations on the issues and voted thereon
 only cases involving dismissal of judges of lower courts are specifically required to be decided
by the Court en banc.

 Ombudsman cannot determine for itself and by itself whether a criminal complaint against a
judge or court employee involves an administrative matter. The Ombudsman is
duty bound to have all cases against judges and court personnel filed before it referred to the
Supreme Court.
  grounds for the removal of a judicial officer should be established beyond reasonable
doubt, particularly where the charges on which the removal is sought are misconduct in
office, willful neglect, corruption, incompetence, etc..

 Supreme Court said that judges cannot be disciplined for every erroneous order or
decision rendered in the absence of a clear showing of ill motive, malice or bad faith

 The absence of bad faith or malice will not totally exculpate them from charges of
incompetence and ignorance of the law when they render decisions that are totally
bereft of factual and legal bases.

 when the law violated is elementary, the failure to know or observe it constitutes
gross ignorance of the law.

 no position exacts a greater demand on moral righteousness and uprightness than a

seat in the Judiciary.

 High ethical principles and a sense of propriety should be maintained, without which
the faith of the people in the Judiciary so indispensable in an orderly society cannot
be preserved

b) No law shall be passed reorganizing the Judiciary when it undermines

the security of tenure of its members

G. Salaries. fixed by law; may not be decreased during their continuance in

office.

 imposition of income tax on salaries of judges does not violate the constitutional prohibition against
decrease in salaries.

H. Periods for Decision

 24 months - Supreme Court

 12 months lower collegiate courts
 3 months - all other lower courts;

 Dizon v. Judge Lopez What respondent did was to render a “sin perjuicio” judgment, which
is a judgment without a statement of the facts in support of its conclusions, to be
later supplemented by the final judgment. As early as 1923, the Supreme Court
already expressed its disapproval of the practice of rendering “sin perjuicio”
judgments. What should be promulgated must be the complete decision.

 the Supreme Court said that judges who cannot comply with this mandate should ask for additional
time, explaining in their request the reasons for the delay.
  Despite expiration of the mandatory period, the court, without prejudice to such responsibility decide or
resolve the case or matter submitted to it without:

- court does not lose jurisdiction over the case, despite the lapseof the mandatory period, but the erring
judge or justice may be subjected to administrative sanctions for the delay.

 Supreme Court said that the failure of the judge to decide a case within
the reglementary period constitutes gross dereliction of duty the gravity of which
depends on several factors, including the number of cases not decided on time,
the damage suffered by the parties as a result of the delay, and the presence of
other aggravating or mitigating circumstances