C. Legislative Department1 1. Who May Exercise Legislative Power2 a.

Congress The power of the Congress to legislate is complete, full and plenary embracing all subjects and extends to all matters of general concern except as limited by the Constitution, either explicitly or impliedly, or, substantively or procedurally. b. Regional/Local legislative power The power of a regional or local legislative body to make rules in the form of ordinances and resolutions of regional or local application that have the force and effect of law. c. Peoples initiative on statutes i. Initiative and Referendum Initiative3 Power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose. 2. Houses of Congress
1 2 3

Referendum4 Power of the electorate to approve or reject legislation through an election called for that purpose.

Art. VI power to propose, enact, amend and repeal laws. Classes of initiative: 1. Initiative on the Constitution petition proposing amendments to the Constitution; 2. Initiative on Statutes petition proposing to enact a national legislation; 3. Initiative on Local Legislation petition proposing to enact a regional, provincial, city, municipality or

barangay law, resolution or ordinance.

4

Classes of Referendum: 1. Referendum on Statutes petition to approve or reject an act or law, or part thereof, passed by Congress; 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. (Sec. 126, RA 7160 or the LGC of 1991)

a. Senate Composed of 24 senators, elected at large by the qualified voters of the Philippines. b. House of Representatives Composed of not more than 250 members consisting of: i. District Representatives elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area; ii. Party-list Representatives shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional and sectoral parties or organizations.5 (1) District Representatives and Questions of Apportionment Representative districts are apportioned among provinces, cities and municipalities in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio.6 Each province, irrespective of population, is entitled to one representation; each city with a population of at least 250,000 is entitled to at least one representative. Each district must be contiguous, compact and adjacent. Gerrymandering7 is not allowed. Reapportionment within 3 years following return of every census. (2) Party-List System

The Party-list organization must represent the marginalized and underprivileged and the nominees

themselves must comply with this qualitative requirement (Ang Bagong Bayani, et al. vs. Comelec G.R. No. 147589, June 26, 2001)
6

The underlying principle behind this rule for apportionment is the concept of equality of representation

which is a basic principle of republicanism. One mans vote should carry as much weight as the vote of every other man.
7

Formation of one legislative district out of separate territories for the purpose of favoring a candidate or a

party (Bernas, Reviewer in Philippine Constitution, P. 186)

The party-list system is a mechanism of proportional rep in the election of representatives to the HoR from natl, regl and sectoral parties or organizations or coalitions registered with the COMELEC.8 3. Legislative Privileges, Inhibitions and Disqualifications Members of Congress shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest9 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 Congress10 or in any committee thereof. All Members of the Senate and the HoR shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.11

The Court held that the intent of the Constitutional Commission and the implementing statute, RA 7941, was

not to allow all associations to participate indiscriminately in the party-list system but to limit participation to parties or organizations representing the marginalized and underprivileged.
9

Congress must be in session, whether regular or special. It does not matter where the member of Congress

may be found (attending the session, socializing in a private party, or sleeping at home); so long as Congress is in session, freedom from arrest holds; The crime for which the member is to be arrested is punishable by 6 years of imprisonment or less. "Punishable" refers to the maximum possible penalty which a penal statute attaches to the offense. It follows too that if the crime is punishable by 6 years and 1 day of prision mayor or more, the member can be arrested, even if he is session in the halls of Congress. Speech or debate includes utterances made in the performance of official functions, such as speeches delivered, statements made, votes cast, as well as bills introduced and other acts done in the performance of official duties. (Jimenez vs. Cabangbang, 17 SCRA 876) To come under the privilege, it is not essential that the Congress be in session when the utterance is made. What is essential is that the utterance must constitute legislative action, that is, it must be part of the deliberative and communicative process by which legislators participate in committee or congressional proceedings in the consideration of proposed legislation or of other matters which the Constitution has placed within the jurisdiction of the Congress.
10This

privilege protects the member concerned from any libel suit that may be filed against him for a speech

made "in" the halls of Congress or in any of its committees. Speech is not confined to traditional speech but even to the casting of votes, the making of reports, a debate or discussion, even communicative actions, and any other form of expression. The speech, however, must be made "in" Congress in the discharge of legislative duty. Thus,
11

Sec. 12

No Senator or Member of the HoR may hold any other office or employment in the Govt, or any subdivision, agency, or instrumentality thereof, including GOCCs or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.12 No Senator or Member of the HoR may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege corp, or its subsidiary, during his term of office. He shall not intervene in any matter before any officer of the Govt for his pecuniary benefit or where he may be called upon to act on account of his office.13 4. Quorum and Voting Majorities A majority 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 provide.14

12

Sec. 13 An incompatible office is a post which a member cannot accept unless he waives or forfeits his seat in

Congress. A sensu contrario, if he waives or forfeits his seat, he may accept the other post, since the incompatibility arises only because of his simultaneous membership in both. A forbidden office is one to which a member cannot be appointed even if he is willing to give up his seat in Congress. The effect of his resignation from the Congress is the loss of his seat therein but his disqualification for the forbidden office nevertheless remains. relationship involved. Such a member cannot resign in anticipation of the passage of the law creating such office or increasing its emolument as a way of circumventing the prohibition. However, the prohibition is not forever (as in the Jones Law); it is for the term for which he was elected.
13

The prohibition lies in the "fiduciary" nature of the

Sec. 14 What the Constitution prohibits in the case of members of Congress who are also members of the bar is

their personal appearance before any of these bodies. This is not a prohibition against, the practice of law in any court. Thus, a member may still sign and file his pleadings, give legal advice, continue as partner, and have a partner or associate appear for him in court.
14

Sec. 16 (2) The quorum required to conduct business is a majority (1/2 + 1) of all the members. But to pass a law, only the votes of the majority of those present in the session, there being a quorum, are

required. This is known as the "shifting majority".

5. Discipline of Members15 Each house may punish its members for disorderly behavior16, and, with the concurrence of 2/3 of all its members, suspend17 or expel a member. A penalty of suspension, when imposed, shall not exceed sixty days. 6. Electoral Tribunals and the Commission on Appointments a. Nature Electoral Tribunal18 Independent of the Houses of Congress, and Commission on Appointments19 It acts as a legislative check on the

To illustrate: 13 members of the Senate are sufficient to constitute a quorum. If only 13 members are present, a vote by 7 in favor of a bill is sufficient to pass it. But as the number of those present increases, the number of votes needed to pass a bill would correspondingly increase, i.e., shift. When a quorum cannot be had, a smaller number may adjourn from day to day, and compel the attendance of the absent (recalcitrant) members by the means of arrest or such other measures and penalties as the House may provide in its rules. The basis in determining the existence of a quorum in the Senate shall be the total number of Senators who are in the country and within the coercive jurisdiction of the Senate. (Avelino v. Cuenco, 83 Phil. 17)
15 16

Sec. 16 (3) The determination of the acts which constitute disorderly behavior is within the full discretionary

authority of the House concerned, and the Court will not review such determination, the same being a political question. (Osmena vs. Pendatun, 109 Phil. 863)
17 18

for not more than 60 days Composition:

1) 3 Supreme Court Justices designated by Chief Justice; and 2) 6 members of the Chamber concerned (Senate or HR) chosen on the basis of proportional representation from political parties and parties registered under the party-list system Senior Justice shall act as Chairman.
19

Composition: 1) 12 Senators and 12 Representatives, elected by each house on the basis of proportional representation

from the political parties and parties and organizations registered under the party-list system represented therein. 2) Senate President as ex-officio chairman. 3) Chairman shall not vote except in case of tie.

its decision may be reviewed by the SC only upon showing of grave abuse of discretion in a petition for certiorari filed under Rule 65 of the Rules of Court.20

appointing authority of the President. For the effectivity of the appointment of certain key officials enumerated in the Constitution, the consent of the Commission on Appointments is needed.

b. Powers Electoral Tribunals 1. Sole judge of all contests relating to the election, returns and qualification of their respective members.22 2. Rule-making power23 Commission on Appointments21 1. Shall act on all appointments submitted to it within 30 session days of Congress from their submission; and 2. Power to promulgate its own rules proceedings.

7. Powers of Congress a. Legislative (1) Legislative Inquiries and the Oversight Functions The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.24
20 21

Pena vs. HRET, G.R. No. 123037, March 21, 1997 Commission on Appointments meets only while Congress is in session. Meetings are held either at the call of the Chairman or a majority of all its members.

Since the Commission on Appointments is also an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary.
22 23 24

Art. VI, Sec. 17 Lazatin v. HRET, 168 SCRA 391 Sec. 21 Each house or any of its committees may conduct "inquiries in aid of legislation" according to its duly

published rules of procedures. To enforce this right, the SC upheld the power of Congress to hold in contempt a person required to appear before Congress or its committee and answer questions relevant to a matter of legislative interest. It is an indispensable requirement for an effective discharge of legislative authority designed to gather data or information vital in the formulation of laws without which legislative power becomes an empty term. However, the exercise of such duty is not illimitable. It has to be exercised in accordance with the limitations

The heads of departments may, upon their own initiative, with the consent of the President 25, 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 three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.26 (2) Bicameral Conference Committee Bills or "suggested laws" are put forward by either Congress or Senate but it has to be approved by both bodies before it can proceed to become law. There are some cases where the version of the bill approved by Congress is different from the one in the Senate or vice-versa. The bill cannot be passed if it has multiple forms because then multiple laws will be created, and each version needs to be approved by both Congress and Senate. To resolve this issue, a bicameral conference committee is created which takes representatives from both Congress and Senate and they unify the two differing bills into one coherent law. (3) Limitations on Legislative Power (a) Limitations on Revenue, Appropriations and Tariff Measures All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.27

imposed by the Constitution: (a) in aid of legislation; (b) in accordance with duly published rules of procedure; (c) rights of persons appearing in, or affected by such, inquiry shall be respected But, if the investigation is no longer in aid of legislation but in aid of prosecution which the stated purpose of the investigation is to determine the existence of violations of the law, then it is beyond the scope of congressional powers.
25

In deference to separation of powers, and because department heads are alter egos of the President, they Sec. 22 Oversight functions: Such functions are intended to enable Congress to determine how laws it has passed are being

may not appear without the permission of the President.

26

implemented.
27

Sec. 24

(b) Presidential Veto28 and Congressional Override (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. (2) The 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.29

Shall originate exclusively from the House the initiative for filing of RAT Bills must come from the House, but it does not prohibit the filing in the Senate a substitute bill in anticipation of its receipt of the bill from the House, so long as the action by the Senate is withheld pending the receipt of the House bill. (Tolentino v. Sec. Of Finance, 235 SCRA 630). Appropriation Bill - one the principal and specific aim of which is to appropriate a certain sum of money from the public treasury. Revenue Bill - one that is specifically designed to raise money or revenue through imposition or levy. Private Bill - one that is addressed to a specific private interest. Bill of Local Application - one that is addressed to a particular place or locality or where the interest of a designated community is the thrust of the bill.
28

The exercise of the veto power of the President is purely discretionary. He may veto a bill on any ground,

whether on constitutional grounds or even on the wisdom and practicability of the bill which cannot be interfered with on the theory that the exercise of such power is a political act. As a general rule, when the President vetoes a bill, he must veto the bill in its entirety. However, the President is allowed to veto any item or items in an appropriation, tariff or revenue bill, but the veto shall not affect the item or items to which he does not object.
29

Sec. 27 When the President vetoes a measure, he should return the measure to the House of origin, indicating his

objections thereto in what is commonly known as a "veto message" so that the same can be studied by the members for possible overriding of his veto

b. Non-Legislative (1) Informing Function The means by which Congress has collected, processed and acted on information vital to its role as national legislature. Congress informs itself in an effort to produce better legislation, and of reporting its activities to the public.

D. Executive Department30 1. Privileges, Inhibitions and Disqualifications a. Presidential Immunity

Upon consideration of the objections raised by the President in his veto message, the House from which the bill originated shall reconsider the bill. If after such reconsideration, 2/3 of all the members of such house shall agree to pass the bill, it shall be sent together with the objections of the President, to the other house by which it shall likewise be reconsidered. If approved by 2/3 of all the members of that house, it shall become a law. In all such cases, the votes of each house shall be determined by "yeas" or "nays", and the names of the members voting for or against shall be entered in the Journal. [VI, 27(1)] Pocket Veto One by which the President secures the disapproval of a bill by mere inaction after the adjournment of Congress. Pocket veto is not allowed because under the Constitution, where the President fails to communicate his veto on any bill to the House where it originated within 30 days after receipt thereof, the bill becomes a law as if he had signed it. The inability of the President to return the bill within the reglementary period prescribed by the Constitution converts the bill, by inaction, into law.
30

Art. VII

Immunity from suit during his tenure31 b. Presidential Privilege32 Two kinds:

Presidential communications privilege

Communications, documents or other materials that reflect presidential decision-making and deliberations and that the President believes should remain confidential. Includes advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated.

Deliberative process privilege

2. Powers a. Executive and Administrative Powers in General Executive Powers The President shall have control of all executive departments, bureaus and offices. He shall ensure that laws are faithfully
31

Administrative Powers (i) Create, abolish, group, coordinate, consolidate, merge or integrate departments, bureaus, offices, agencies,

Deemed implied in the Constitution (Bernas, The 1987 Constitution, A Commentary 2003 Ed., p 803) The immunity does not however extend to non-official acts or for wrong doing (Estrada vs. Desierto, G. R.

Nos. 146710-15, March 2, 2001) While the President is immune from suit, she may not be prevented from instituting suit. Such immunity must be exercised only by the President himself and not by others on his behalf. (Soliven v. Makasiar, 167 SCRA 393)
32

It is highly recognized in cases where the subject of the inquiry relates to a power textually committed by Under our Constitution,

the Constitution to the President, such as the area of military and foreign relations.

the President is the repository of the commander-in-chief (Art. VII, Sec. 18); appointing (Sec. 16, ibid); pardoning (Sec. 19, ibid); and diplomatic (Secs. 20 and 21, ibid) powers. Consistent with the doctrine of separation of powers, the information relating to those powers may enjoy greater confidentiality than others (Neri vs. Senate Committee on Accountability of Public Officers and Investigation, et al., G.R. No. 18063, March 25, 2008 citing U.S. Court of Appeals In Re: Sealed Case No. 96-3124, June 17, 1997)

executed.33 Until and unless a law is declared unconstitutional, President has a duty to execute it regardless of his doubts as to its validity.34

instrumentalities and functions of the government; and transfer functions, appropriations, equipment, property, records and personnel from one ministry, bureau, office, agency or instrumentality to another; (ii) Standardize salaries, materials and equipment; (iii) Remove or otherwise discipline officers of the government as may be provided by law; and (iv) Commute or remove administrative penalties or disabilities upon officials or employees in disciplinary cases.

b. Power of Appointment (1) In General The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint 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. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress.35 (2) Commission on Appointments Confirmation
33

Sec. 17 faithful execution clause Sec.1 and 17 Sec. 16

"Control" is the power to substitute one's own judgment in that of a subordinate.

34

35

a. Heads of executive departments; b. Ambassadors and other public ministers and consuls; c. Officers of the AFP from the rank of colonel or naval captain; and d. Other ministers whose appointments are vested in him by the Constitution36 (3) Midnight Appointments Those made by the President or Acting President two months immediately before the next presidential elections and up to the end of his term, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.37 (4) Power of Removal General rule: this power is implied from the power to appoint. Exception: those appointed by him where the Constitution prescribes certain methods for separation from public service.38 c. Power of Control39 and Supervision40 (1) Doctrine of Qualified Political Agency41
36 37 38 39

Sarmiento v. Mison, G.R. No. 79974, December 17, 1987 See Section 15, Art. VII e.g. impeachment The power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the

performance of his duties and to substitute the judgment of the former for that of the latter (Mondano v. Silvosa, 97 Phil. 143). It is such power which has been given to the President over all executive officers, from Cabinet members to the lowliest clerk. This is an element of the presidential system where the President is the Executive of the Government of the Philippines, and no other. But the power of control may be exercised by the President only over the acts, not over the actor. (Angangco v. Castillo, 9 SCRA 619)
40

It is the power of a superior officer to ensure that the laws are faithfully executed by inferiors. The power

of supervision does not include the power of control; but the power of control necessarily includes the power of supervision. The power of the President over local governments is only of general supervision.
41

Alter Ego Principle

All executive 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.42

(2) Executive Departments and Offices The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.43 (3) Local Government Units The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.44 d. Military Powers45 1. To call out the Armed Force to prevent or suppress lawless violence, invasion or rebellion; and/or organize courts martial and create military commissions.46 2. Suspension of the Privilege of Writ of Habeas Corpus and Declaration of Martial Law47

42 43 44 45 46 47

Villena v. Secretary of Interior, 67 Phil. 451 Sec. 17 Sec. 4 Sec. 18, Art. VIII Commander-in Chief clause Grounds: invasion or rebellion, when public safety requires it. Duration: not more than 60 days, following which it shall be lifted, unless extended by Congress. Duty of the President to report to Congress: within 48 hours personally or in writing.

e. Pardoning Power (1) Nature and Limitations Nature Discretionary, may not be controlled by the legislature or reversed by the court, unless there is a constitutional violation. Limitations a. cannot be granted in cases of impeachment; b. cannot be granted in violations of election laws without favorable recommendations of the COMELEC; c. can be granted only after convictions by final judgment;48 d. cannot be granted in cases of legislative contempt or civil contempt; e. cannot absolve convict of civil liability; f. cannot restore public offices forfeited. (2) Forms of Executive Clemency

Pardon49

Act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime

Authority of Congress to revoke or extend the effectivity of proclamation: by majority vote of all of its members voting jointly. Authority of the Supreme Court: to inquire into the sufficiency of the factual basis for such action, at the instance of any citizen. Decision must be promulgated 30 days within its filing. Proclamation does not affect the right to bail. Suspension applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. Person arrested must be charged within 3 days; if not, must be released. Proclamation does not supersede civilian authority
48 49

except amnesty Pardon Classified:

1.Plenary or partial; and 2.Absolute or conditional.

he has committed.

Commutation

Reduction or mitigation of the penalty.

Reprieve

Postponement of sentence or stay of execution.

Parole

Release from imprisonment, but without full restoration of liberty, as parolee is in the custody of the law although not in confinement.

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.

f. Diplomatic Power50 No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of Senate.51
50

Some of the foreign relations powers of the President a. b. c. d. e. The power to negotiate treaties and international agreements The power to appoint ambassadors and other public ministers and consuls The power to receive ambassadors and other public ministers accredited to the The power to contract and guarantee foreign loans on behalf of the Republic The power to deport aliens Philippines

51

Sec. 21

In public international law, the conduct of foreign relations or diplomatic power is vested in the Head of State or sovereign. In States which observe the doctrine of separation of powers, the President holds actual executive power including the conduct of foreign relations. g. Powers relative to appropriation measures The President shall submit to the Congress, within thirty days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.52 h. Delegated powers 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. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.53 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.54 i. Veto powers Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.
52 53 54

Sec. 22 Sec. 23 (2), Art. VI Sec. 28 (2), id.

The 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.55 j. Residual Powers Whatever is not judicial, whatever is not legislative, is residual power exercised by the President.56

C. Rules on Succession The President-elect and the Vice President-elect shall assume office at the beginning of their terms. If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified. If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified. If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice President-elect shall become President. Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or a VicePresident shall have been chosen and qualified. The 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, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.57

55 56 57

Sec. 27, id. Marcos v. Manglapus, 178 SCRA 760 Sec. 7, Art. VII

In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified. The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.58 Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.59

E. Judicial Department60 1. Concepts a. Judicial Power61 The duty of 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

58 59 60 61

Sec. 8, id. Sec. 9, id. Art. VIII vested in: One Supreme Court; and Such lower courts as may be established by law (Sec. 1, Art. VIII).

1. 2.

discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of government.62 b. Judicial Review63 The power of the courts, ultimately of the SC, to interpret the Constitution and to declare any legislative or executive act invalid because it is in conflict with the fundamental law. This authority is derived by clear implication from the provision of Sec. 5(2), Art. VIII of the Constitution. Through such power, the SC enforces and upholds the supremacy of the Constitution (1) Operative Fact Doctrine An unconstitutional law has an effect before being declared unconstitutional. The doctrine of operative fact as an exception to the general rule, only applies as a matter of equity and fair play. 64 It nullifies the effects of an unconstitutional law by recognizing that the existence of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences which cannot always be ignored. The past cannot always be erased by a new judicial declaration.65 (2) Moot Questions66

62 63

Sec. 1, par.2 All courts can exercise Judicial Review: The Constitution contemplates that the inferior courts should have jurisdiction in cases involving

constitutionality of any treaty or law for Sec. 5 (2), Art. VIII speaks of appellate review of final judgments of inferior courts in cases where such constitutionality happens to be in issue. (J.M. Tuason and Co. v. Court of Appeals, 3 SCRA 696). The Constitution vests the power of judicial review not only in the Supreme Court but also in the RTC. However, in all actions assailing the validity of a statute, treaty, presidential decree, order or proclamation and not just in actions involving declaratory relief and similar remedies, notice to the Solicitor General is mandatory, as required in Sec. 3, Rule 64 of the Rules of Court. The purpose of this mandatory notice is to enable the Solicitor General to decide whether or not his intervention in the action is necessary (Mirasol v. Court of Appeals, G.R. No. 128448, February 1, 2001)
64

Planters Products vs. Fertiphil Corp., G.R. No. 166006, March 14, 2008, citing Republic vs. Court of Appeals, Planters Products, supra citing Peralta vs. Civil Service Commission, G.R. No. 95832, August 10, 1992, 212 Moot refers to a subject for academic argument. They are abstract questions that do not arise from existing

G.R. No. 79732, November 8, 1993, 227 SCRA 509.

65

SCRA 425.
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facts or rights.

A case becomes moot when there are facts, injuries and heated arguments but for some reason the legal problem has become stale. When a case is moot and academic, it ceases to be a case and controversy. Any decision reached by the court would not be conclusive on the parties. (3) Political Question Doctrine Those questions which, under the Constitution, are to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated to the legislature or executive branches of government.67 2. Safeguards of Judicial Independence a.. SC is a Constitutional body; may not be abolished by law; b. Members are only removable by impeachment; c. SC may not be deprived of minimum and appellate jurisdiction; appellate jurisdiction may not be increased without its advice or concurrence; d. SC has administrative supervision over all inferior courts and personnel; e. SC has exclusive power to discipline judges/justices of inferior courts; f. Members of judiciary enjoy security of tenure; g. Members of judiciary may not be designated to any agency performing quasi-judicial or administrative functions; h. Salaries of judges may not be reduced; judiciary enjoys fiscal autonomy; i. SC alone may initiate Rules of Court; j. SC alone may order temporary detail of judges; and

The Court may still exercise the power of judicial review even if the issues had become moot and academic when it feels called upon to exercise its symbolic function Exceptions to mootness: a) If the question is capable of repetition and evasive of review. b) If there exist a mere possibility of collateral legal consequences if the court does not act. c) Voluntary cessation from the wrongful act by the defendant, if he is free to return to his old ways.
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Taada v. Cuenco, 100 Phil 1101

k. SC can appoint all officials and employees of the Judiciary

3. Judicial Restraint A legal term that describes a type of judicial interpretation that emphasizes the limited nature of the court's power. Judicial restraint asks judges to base their judicial decisions solely on the concept of stare decisis, which refers to an obligation of the court to honor previous decisions. Conservative judges often employ judicial restraint when deciding cases, unless the law is clearly unconstitutional. Judicial restraint is the opposite of judicial activism, in that it seeks to limit the power of judges to create new laws or policy. In most cases, the judicially restrained judge will decide a cases in such a way as to uphold the law established by Congress. Jurists who practice judicial restraint show a solemn respect for the separation of governmental problems. 4. Appointments to the Judiciary i. Appointed by President from among a list of at least 3 nominees prepared by Judicial and Bar Council for every vacancy. ii. For lower courts, President shall issue the appointment 90 days from submission of the list. 5. Supreme Court a. En Banc and Division Cases En Banc Cases68 Division Cases69

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When the Supreme Court sits en banc, cases are decided by the concurrence of a majority of the members

who actually took part in the deliberations on the issues in the case and voted thereon. Thus, since a quorum of the SC is eight, the votes of at least five are needed and are enough, even if it is a question of constitutionality. This is a liberalization of the old rule which required a qualified majority of a definite number. Moreover, those who did not take part in the deliberation do not have the right to vote.
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Decisions of a Division of the SC are not appealable to the Court en banc. Decisions or resolutions of a The SC

division of the Court, when concurred in by a majority of its members who actually took part in the deliberations on the issues in a case and voted thereon is a decision or resolution of the SC itself. sitting en banc is not an appellate court vis--vis its divisions, and it exercises no appellate jurisdiction over the latter. Each division of the Court is considered not a body inferior to the Court en banc, and sits veritably as the Court en banc itself. The only constraint is that any doctrine or principle of law laid down by the Court,

1. All cases involving the constitutionality of a treaty, international or executive agreement, or law

Other cases or matters may be heard in division, and decided or resolved with the concurrence of a majority of the members who actually took part in the deliberations on the issues and

2. All cases which under the Rules of Court may be required to be heard en banc

voted thereon, but in no case without the concurrence of at least three (3) such members.

3. All cases involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations

4. Cases heard by a division when the required majority in the division is not obtained

5. Cases where the Supreme Court modifies or reverses a doctrine or principle of law previously laid down either en banc or in division

6. Administrative cases involving the discipline or dismissal of judges of lower courts

7. Election contests for President or VicePresident. b. Procedural Rule Making70

either rendered en banc or in division, may be overturned or reversed only by the Court sitting en banc (Firestone Ceramics v. CA, G.R. No. 127245, June 28, 2000)
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The SC declared that the 1987 Constitution took away the power of Congress to repeal, alter or supplement

rules concerning pleading, practice and procedure. The power to promulgate rules of pleading, practice and

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. Such rule shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.71 c. Administrative Supervision over Lower Courts72 The Supreme Court shall have administrative supervision over all courts and the personnel thereof.73

procedure is no longer shared by the Court with Congress, more so with the Executive. (Echegaray vs. Secretary of Justice, G.R. No. 132601)
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Art. VIII, Sec. 5 (5) In the absence of any administrative action taken against the RTC Judge by the SC with regard to the Judges

certificate of service, the investigation conducted by the Ombudsman encroaches into the SCs power of administrative supervision over all courts and its personnel, in violation of the doctrine of separation of powers. (Maceda v. Vasquez, 221 SCRA 464)
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Art. VIII, Sec. 6