LEGISLATIVE DEPARTMENT

Unicameralism vs Bicameralism

Unicameralism
Every bill must pass only a single house of
Congress to become a law

Simplicity of organization
economy and efficiency.

Facility in pinpointing responsibility for

legislation, avoidance of duplication and
strengthening of the legislature in relation to
the executive.

resulting

in

Bicameralism
Every bill must pass two houses of Congress to
become a law

There is an upper house that looks at

problems which form the national perspective
and thus serves as a check on the parochial
tendency of a body elected by districts.

Allows for a more careful study of legislation

Less vulnerable to attempts of the executive to

control the legislature.

Bicameral Congress
Thus,
1. Senate
2. House of Representatives
Senate:
Term of Office: A term of 6 years commencing at noon of June 30 next following the election. Limitation: No
senator shall serve for more than 2 consecutive terms. (Note: Voluntary renunciation of office for
any length of time shall not be considered as an interruption in the continuity of his service for
the full term for which he was elected.)
Qualifications: 1. Natural-born Citizen
2. At least 35 years of age on the day of election
3. Able to read and write
4. A registered voter
5. Resident of the Philippines for at least 2 years immediately preceding the day of election
House of Representatives:
-Consists of: Distict Representatives and Party-list Representatives

(1) District Representatives are those elected from legislative districts apportioned among provinces, cities and
Metropolitan areas.
Qualifications: 1. Natural-born Citizen
2. At least 35 years of age on the day of election
3. Able to read and write
4. Registered voter in the district he/she seeks to represent
5. Resident of such district for at least 1 year immediately preceding the day of election.

Residency Requirement:
-If a person retains his/her domicile of origin for purposes of the residence requirement for representatives, the
one year period is irrelevant because by legal fiction , wherever he/she may be, he/she is a resident of his domicile
of origin.

-abandoned domicile or acquires a new one , the one year requirement must be satisfied.

Term of Office:
-3 years unless otherwise provided by law, commencing at noon on the 30th of June next following their election.
-Limitation: Shall not serve for more than 3 consecutive terms.

Legislative District
-each legislative district shall comprise as far as practicable, contiguous, compact and adjacent territory.
Reapportionment of Legislative District
-Congress shall make a re-apportionment of legislative districts within 3 years following the return of every
census.
-through the passage of special law

(2) Party-List Representatives constitutes 20% of the total number of representatives and are elected through a
party-list system of registered national, regional and sectoral parties or organizations.

Party-list System (RA 7941)

-A mechanism or proportional representation in the election of representatives to the HR from national , regional
and sectoral parties or organizations or coalitions thereof registered in Commission on Elections.
-Intends to make the marginalized and the underrepresented not merely passive recipients of the States
benevolence, but active participants in the mainstream of representative democracy.
No. of PL Representatives
-20% of the total number of the members of the HR, including those in the PL.

Grounds for Refusal or Cancellation of Registration (Section 6 m RA 7941)

1.
2.
3.
4.

It is a religious sect or denomination, organization or association organized for religious purposes.

It advocates violence or unlawful means to seek its goal.
It is a foreign party or organization
It is receiving support from any foreign government , foreign political party, foundation, organization ,
whether directly or through any of its officers or members or indirectly through parties for partisan election
purposes.
5. It violates or fails to comply with laws, rules or regulations relating to elections.
6. It declares untruthful statements in its petition.
7. It has ceased to exist for at least 1 year
8. It fails to participate in the last 2 preceding elections or fails to obtain at least 2% of the votes cast under the
party-list system in the 2 preceding elections for the constituency in which it was elected.
QUALIFICATIONS OF PL Representatives
1. Natural-born citizen of the Philippines
2. A registered voter
3. A resident of the Philippines for a period of not less than 1 year immediately preceding the day of the
election
4. Able to read and write
5. A bona fide member of the party or organization which he seeks to represent for at least 90 days
preceding the day of election.

6. At least 25 years of age on the day of election (youth: 25-30 yrs old)
VACANCY:
-The vacancy shall be automatically filled by the next representative from the list of nominees in the order
submitted to the COMELEC by the same party, organization or coalition, who shall serve for the unexpired term.

ELECTION: Senate and HR

Regular- 2nd Monday of May
Special- in case of vacancy in the Senate or in the HR in the manner provided by law , but the Senator or Member
of the HR elected shall serve only for the unexpired term.
Note: RA 6645 no special election shall be held if the vacancy occurs less than 18 mos before the next regular
election in case of the Senate, or 12 mos in the case of HR.

SALARY: Senate and HR

-the salaries shall be determined by law
-Note: Increase in compensation shall not take effect until after the expiration of the full term of all the members
of the Senate and HR approving such increase.

PARLIAMENTARY IMMUNITIES (See Sec 11, Art VI)

PARLIAMENTARY PRIVILEGE OF SPEECH
-For unparliamentary conduct, however, members of Congress can be censured, committed to prison, suspended
and even expelled by votes of their own collegues.
-the privilege includes any statement ot utterances a legislator makes while he is performing his offical functions,
that is speeches delivered, statements mades, votes cast, bill introduced and other acts done while performinf
his/her official duties.
-Senators or Members of the HR shall not be questioned nor be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.
Privilege only applies while the congress is in session and not when it is in recess.

PRIVILEGE FROM ARREST

-for offenses punishable by not more than 6 years imprisonment
-privilege applies while Congress is in Session
-to enable the legislators to perform legislative duty without fear of criminal prosecution
-the provisions, however, does not protect them from possible disciplinary action that their colleagues might
impose
-reinforced by Article 345 of the RPC which penalizes the person who shall effect such arrest

INCOMPATIBLE OFFICE
-A member of the Congress cannot accept any other office/employment in government during his term unless he
waives or forfeits his/her seat in Congress.

-forfeiture of the seat in Congress or cessation of his/her tenuew shall be automatic upon members assumption of
such other office deemed incompatible with his/her seat.
-no forfeiture shall take place if the member of Congress holds the other government in an ex officio capacity.

FORBIDDEN OFFICE
-a member of Congress cannot be appointed to any office which may ave been created or the emoluments thereof
increased during the term for which he/she was elected.
Other Inhibitions, Prohibitions and Obligations
1.

Legislators shall not personally appear before any Court of Justice or before the Electoral Tribunals or quasijudicial or other administrative bodies.
2. Legislators cannot ne interested financially either directly or indirectly, in any contract, franchise or special
privilege granted by the government
3. Legislators cannot intervene in any matter before any office of the government.
a. For his/her pecuniary benefit; or
b. Where he may be called upon to act on account of his/her office.

REQUIRED DISCLOSURES
1. Upon assumption of office, legislators must make a full disclosure of financial and business interests.
2. Must 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.

DISCIPLINE OF MEMBERS (see Section 16 (3), Article 6)

-the determination of the acts which constitute disorderly behavior is within the full discretionary authority of the
House concerned.
OFFICERS
Senate Headed by the Senate President
House of Representatives Speaker of the House of Representatives

OTHER OFFICERS OF THE CONGRESS

Senate
1.
2.
3.
4.
5.
6.
7.

Senate President/ Pro Tempore

Majority Floor Leader
Minority Floor Leader
Chairperson of various standing committees
Chairperson of Special Committees
Secretary
Sergeant at Arms

House of Representatives
1. Speaker Pro Tempore
2. Majority Floor Leader
3. Minority Floor Leader
4. Chairperson of various standing committees
5. Chairperson of Special Committees
6. Secretary
7. Sergeant at Arms

ELECTORAL TRIBUNALS
Composition:
-Composed of 3 Justices of the Supreme Court (designated by the Chief Justice)
-The Senior Justice shall be the Chairperson of the ET
-6 Members of the Senate or HR selected on the basis of proportional representation from political parties and
partylist.

Powers:
-The ET of the Houses of Congress shall be the sole judge of all contest relating to election, returns and
qualifications of their members.
-The decision of the ET may be reviewed by the Supreme Court only upon showing of grave abuse of discretion.

COMMISSION ON APPOINTMENTS
Composition:
1. Senate President- as Ex Officio Chairperson
2. 12 Senators
3. 12 members of HR
-elected by each house on the basis of proportional representation
Powers:
-The Commission shall act on all appointments submitted to it within 30 session days of Congress from their
submission
-The Commission shall meet only while the Congress is in session, at the call of its Chairperson or a majority of all
its members.

KINDS OF SESSION
1.

Regular Session
-Congress convenes on the 4th Monday of July(unless otherwise provided by law)
-It continues in session for as long as it sees fit, until 30 days before the opening of the next regular
session, excluding Saturdays, Sundays, and legal holidays.
NOTE: Neither House may adjourn its session without the consent of the other House.

2. Special Session
-May be called at any time by the President at his/her absolute discretion, to consider such subjects as he
may determine. Congress however, determines the number of days it needs for such session.
without need of call:
1.

To pass a bill calling for the holding of a special election when there is vacancy in the office of
President and Vice President.
2. To determine by 2/3 vote whether the President is unable to discharge the powers and duties
of his office.
3. To canvass the Presidential elections
4. To exercise the power of impeachment
5. When there is proclamation of martial law or suspension of the privilege of the writ of Habeas
Corpus.
3. Sine Die Session
-It is one held without a day, by staying the hands of the clock definitely at a certain time and continuing
the session indefinitely.

JOINT SESSIONS (Voting Separately)

1.

When the Congress, acting as Board of Canvassers, breaks the tie between two or more candidates for
President and Vice President (Art VII, Sec 4.
2. Determine the Presidents disability (Art VII, Sec 11(4))
3. Confirming nomination of the Vice President (Art VII, Sec 9)
4. Declaring the existence of state of war (Art VI, Sec 23)
5. Proposing constitutional amendments (Art XVII, Sec 1)

JOINT SESSIONS (Voting Jointly)

1.

To revoke or extend a proclamation suspending the privilege of the writ of habeas corpus or placing the
Philippines under martial law (Art VII, Sec 18)

PLENARY POWERS OF THE GOVERNMENT

Legislative Power- it is the power to Propose, Enact, Amend and Repeal Laws
Limitations to Plenary powers of the Congress
1.

Substantive Limitations
a. Express Substantive Limitations
i. Bill of rights (Art III)
ii. Limitations om appropriation (Art VI, Sec 25 and 28)
iii. On Constitutional appellate jurisdiction of the Supreme Court (Art VI, Sec 30)
iv. On taxation (Art XIV, Sec 4(3))
v. No law grantung a title of royalty or nobility shall be passed (Art VI, Sec 31
b. Implied Substantive Limitations
a. Prohibition against delegation of Legislative Powers
General rule: Legislative powers cannot be delegated
Exceptions: 1. Delegation to the President
a. Emergency Powers (Art VI, Sec 23)
b. Certain taxing powers (Art VI, Sec 23 (2)
2.
3.
4.
5.

Delegation to local government

Delegation to Administrative agencies
Delegation to the supreme court
Delegation to constitutional commissions

b. Prohibition against passage of irrepealable law

c. Bill of Rights
2. Procedural Limitations
a. One Subject, One Title Tule
b. Three readings on three separate days rule

HOW A BILL BECOMES A LAW (See Art VI, Sec 26 (1))

First Reading Consists of reading of number and title of the bill followed by the referral to the appropriate
committee for study and recommendation.
Committee Level: The committee may then hold public hearings on the proposed measure and comes up
with its report and recommendation for calendar for sec0nd reading
Second Reading The bill shal be read in full with the amendments proposed by the Committee , if any, unless
copies thereof are distributed and such readings dispensed with.
Third Reading The bill as approved on second reading will be submitted for final vote by yeas and nays.
Proceedings After The Third Reading

-The bill approved on 3rd reading by one house is transmitted to the other House for concurrence, which
will follow substantially the same route as a bill originally filed with it.
-If the Other House approves the bill without amendment, the bill is passed by Congress and the same will
be transmitted to the President for appropriate action.
-If the other House, however, introduces amendments and the House from which it originated does not
agree with the said amendments, the differences will be settled by the Conference Committee of both
Chambers (known as the Bi-Cameral Committee), whose report or recommendation thereon will have to
be approved by both Houses in order that it will be consdered passed by Congress and thereafter sent to
the President for action.
Approval of the Bill:
Art VI, Sec 27 1
1. President approves the bill passed by signing it
2. If the President does not sign it within 30 days from the referral without approving nor vetoing the bill.
3. If the President veto the bill, he will return the bill with his objections to the House where it originated,
which shall enter such objections at large in its Journal and shall proceed to reconsider it.
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, to the other House by which it shall likewise be reconsidered.
If the other House, by vote of 2/3 of all its members, approves it, then the bill becomes a law.

Authentication of Bills
-Before an approved bill is sent to the President for his consideration, the bill has to be authenticated first.
-The system of authentication devised is the signing by the Speaker and the Senate President of the printed copy
of the approved bill, to signify to the President that the bill being presented to him has been duly approved by the
legislature and is ready for his approval or rejection.

Enrolled Bill - the bill passed by Congress, authenticated by the Speaker and the Senate President and approved by the
President.
Principle of Enrolled Bill
-otherwise known as the Enrolled Bill Doctrine
-the text of the act as passed and approved is deemed importing absolute verity and is binding on the
courts.
-the enrolled copy of a bill is conclusive not only of its provisions but also of its due enactment.
Legislative Journals (Art VI, Sec 16)
The journal is regarded as conclusive with respect to matters that are required by the Constitution to be recorded
therein.
Entries or records contained in the legislative journals are declared conclusive upon the courts.
Discrepany between Legislative Journals and Enrolled Bill
Where there is a discrepancy between the journal and the enrolled bill, the latter as a rule prevails over
the former, particularly with respect to matters not expressly required to be entered into the legislative
journal.
Exception: If there is withdrawal of authentication.
Withdrawal of Authentication

The Speaker and the Senate President may withdraw their signature from the signed bill where there is
serious and substantial discrepancy between the text of the bill as deliberated in the legislature
and shown by the journal and that of the enrolled bill.
Such withdrawal renders the bill without attestation and nullifies its status as an enrolled bill.
In such case, the bill is no longer accorded absolute verity as regards its text and the entries in the journal should
be consulted.
Where the journal discloses that substantial amendments were introduced and approved but were not
incorporated in the printed text sent to the President for signature, the Court can declare that the bill has not been
duly enacted and did not accordingly become a law.

POWER OR APPROPRIATION (See art VI. Sec 29(1))

Appropriation Law- a statute the primary and specific purpose of which is to authorize the release of public funds
from the Treasury.
CLASSES OF APPROPRIATION LAW
1.

General Appropriation Law passed annually, intented to provide for financial operatons of the entire
governement during one fiscal period.
2. Special Appropriations Law- designated and passed for a specific purpose.
IMPLIED LIMITATIONS ON APPROPRIATION MEASURES
1. The Appropriation must be devoted to a public purpose
2. The sum authorized must be determinable.
CONSTITUTIONAL LIMITATIONS ON APPROPRIATION MEASURES
1.

All appropriations, revenue or tariff bills, bills authorizing increase of public debt, bills of local application and
private bills shall originate in the House of Representatives. (Art VI, Sec 24)
2. Disbursements of discretionary funds must only be for a public purpose to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by law.
CONSTITUTIONAL GUIDELINES ON GENERAL APPROPRIATIONS LAW
1. Congress cannot increase the appropriations recommended by the President as specified in the budget.
2. Xxx
3. No provision or enactment shall be embraced unless it relates specifically to some particular appropriation
therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it
relates.
4. Procedure for approving appropriations for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
CONSTITUTIONAL LIMITATIONS ON SPECIAL APPROPRIATION LAWS
1. Must specify the public purpose for which the sum was intended.
2. Must be supported by funds actually available as certified to by the National Treasurer, or to be raised by a
corresponding revenue proposal included therein. (Art VI, Sec 25(4))
GENERAL RULE:
No law shall be passes authorizing any transfer of appropriation.
Exception: The President, Senate President, Speaker of HR, the CJ and the heads of Constitutional
Commissions may by law , be authorized to augment any item in the General appropriations law for their
respective officers from savings in other items of their respective appropriation. (ART VI, sec 25(5))
With respect to Congress own budget the members of the Congress only determine the necessity
of the realignment of savings in the allotments for their operational expenses, because they are in the best
position to do so, being knowledgeable of the savings available in some items and which items need

augmentation. However, it is the Senate President or the Speaker of the HR, as the case may be, who shall
approve the realignment.
Prohibition: The Prohbition against appropriation for sectarian benefit (Art VI, sec 29(2)).
Automatic Re-Appropriation: If by the end of any fiscal year, the Congress shall have failed to pass
the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations
law is passed by Congress (Art VI, Sec 25 (7).
Appropriation Reserves: The Budget Secretar is authorized to establish reserves aginst appropriations
to provide for contingencies and emergencies which may arise during the year.
Impoundment: The refusal by the President for whatever reason to spend funds made available by
Congress.

NON-LEGISLATIVE POWER OF THE CONGRESS

I- POWER TO JUDGE ELECTION CONTEST (see Art VI, Sec 17)
II- POWER OF LEGISLATIVE INVESTIGATION (see Art VI, Sec 21)
1. Must be done in aid of legislation
2. Must be in accordance with duly published rules of procedures and
3. Rights of person appearing in, or affected by such inquiry, shall be respected.
Executive Privilege- power of the Government to withhold informationn from the public, the Courts and the
Congress.
Kinds of Executive Privilege:
1.

State Secret Privilege- invoked on the ground that its disclosure would subvert crucial military or
diplomatic objective
2. Informers Privilege- the privilege not to disclose the identity of persons who furnish information of
violations of law to officers charged with the enforcement of that law.
3. Generic Privilege invoked for internal deliberation, which attaches to the intra-governmental
documents reflecting advisory opinions, recommendations, and deliberations comprising part of a
process by which governmental decisions and policies are formulated.
-To determine the validity of a claim of privilege, the question must be asked is not only whether the requested
information falls within one of traditional privileges but also whether that privilege should be honored in a given
procedureal setting.
-Is recognized only in relation to certain types of information of sensitive character. A claim thereof may be valid
or not depending on the ground invoked to justify it and the context in which it is made.
-The extraodinary character of the exemptions indicates that the presumption inclines heavily against executive
secrecy and in favor of disclosure.
III- POWER TO PUNISH FOR CONTEMPT
-Incidental to the power to conduct inquiries in aid of legislation
-May include imprisonment for an indefinite period bu the principles of due process and equal protection will
have to be considered.

IV- POWER TO CONDUCT QUESTION HOUR

Inquiry in Aid of Legislation vs Question Hour

Inquiry in Aid of Legislation

Question Hour

-relates to the power to conduct inquiries in aid of

legislation

-relates to the power to conduct question hour

-the aim is to elicit information that may be used

for legislation

-the objective of which is to obtain information in

pursuit of Congress oversight functions

-Attendance is compulsory

-attendance is meant to be discretionary

-any person may be required to attend

-only department heads may be required to attend

-committees

-entire body(plenary)

-any matter for purpose of legislation

-only matters related to the department

-grounded on the necessity of information in the

legislative process

-Congress merely seeks to be informed on how

department heads are implementing the Statutes
to which it has enacted.

V- POWER TO DECLARE THE EXISTENCE OF WAR (section 23, Art. VI)

VI POWER TO DELEGATE THE EMERGENCY POWERS (President)

-While the President alone can declare a state of national emergency, however without legislation, the President has no
power to take over privately owned public utility or business affected with public interest.
VII POWER TO ACT AS BOARD OF CANVASSERS IN PRESIDENTIAL AND VICE PRESIDENTIAL
ELECTIONS

VIII- POWER TO CONFIRM NOMINATIONS/APPOINTMENTS

-nominations by the President which needs confirmation:
1. Heads of the Executive Department
2. Ambassadors, other public ministers and consuls
3. Officers of the Armed Forces from the rank of colonel or naval captain
4. Other Officers whose appointment are vested in the President in the Constitution:
a. Chairman and members of the Constitutional Commissions
b. Regular Members of the Judicial and Bar Council
IX- POWER TO CALL A SPECIAL ELECTION FOR PRESIDENT AND VICE PRESIDENT
-The vacancy in the offices of the President and Vice President must occur more than 18 months before the date of
the next regular presidential election.
-The call for a special election shall be by a law enacted by Congress.

X POWER TO JUDGE PRESIDENTS PHYSICAL FITNESS TO DISCHARGE THE FUNCTIONS OF THE

PRESIDENCY

XI- POWER TO REVOKE OR EXTEND SUSPENSION OF THE WRIT OF HABEAS CORPUS AND MARTIAL
LAW
-within 48 hours from the proclamation of martial law or the suspension of the privilege of writ of Habeas Corpus,
the President shall submit a report in person or writing to the Congress.
-Revocation: vote of at least a majority of all the member of Congress voting jointly
-Extension:
a. Vote of at least a majority of all the members of the Congress voting jointly
b. upon initiative of the President
c. Invasion or rebellion persists
d. Public Safety requires it
e. For a period determined by Congress

XII- POWER TO CONCUR IN PRESIDENTIAL AMNESTIES

XIII- POWER TO CONCUR IN TREATIES OR INTERNATION AGREEMENTS
-essential to provide check on the executive in the field of foreign relations.
XIV POWER OF IMPEACHMENT
Officials subject to impeachment:
a.
b.
c.
d.
e.

President
Vice President
Justices of the Supreme Court
Members of the Constitutional Commissions
Ombudsman

Grounds for Impeachment

a.
b.
c.
d.
e.
f.

Culpable violation of the Constitution

Treason
Bribery
Graft and Corruption
Other High Crimes
Betrayal of Public Trust

Procedure for Impeachment

1.
2.
3.
4.
5.
6.
7.

Verified complaint filed by any members of HR, or by any citizen upon a resolution of endorsement by any
member of the HR (HR has the sole authority to initiate impeachment cases)
Complaint is included in the order of business within 10 session days from filing.
Complaint is referred to the proper committee within 3 session days.
Committee decided by a majority vote in favor or against filing a case.
The report and a resolution shall be submitted to the House within 60 session days from the time the matter
was referred to the committee.
The resolution shall be calendared for consideration within 10 session days from its receipt by the House
Vote of at least 1/3 of all the members of the house is needed:
a. To confirm a favorable resolution; or
b. To override a contrary resolution

IMPEACHMENT TRIAL
-Senate shall have the sole power to try and decide all impeachment cases.
-Vote of at least 2/3 of all the members of the Senate is necessary for conviction.
-If the President is on trial, the Chief justice presides, but does not vote.

CONSEQUENCES OF IMPEACHMENT
a. Removal from office of the official concerned:
b. Impeached officer is disqualified to hold any other office under the Republic of the Philippines
c. Impeached officer is still liable for prosecution, trial and punishment if impeachable offense committed
constitute a felony.

EXECUTIVE DEPARTMENT
EXECUTIVE POWER
-the power to enforce and administer laws
-vested in the President of the Philippines pursuant to Article VII, Section 1
-The powers of the president are not limited only to those that are expressly enumerated in the Constitution
-It has the residual power to protect the general welfare of the people which is founded on the duty of the President as
steward of the people. (borne by the Presidents duty to preserve and defend the Constitution.)
-The Faithful Execution Clause
The President shall have control of all the executive departments, bureaus, and offices.
ensure that laws be faithfully executed.

He shall

-Doctrine of Qualified Political Agency (Alter Ego Principle)

-recognizes the establishment of a single executive, 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, except in cases where the Chief Executive is required by the Constitution 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 Secretaries of such department performed and promulgated in the regular course of
business are, unless disapproved or reprobated by the Chief Executive presumptively acts of the Chief Executive.
President and Vice President: QUALIFICATIONS
1.
2.
3.
4.
5.

Natural-born citizen of the Philippines;

Registered Voter
Must be able to read and write
At least 40 years of age on the day of election
A resident of the Philippines immediately preceding the election

ELECTION
1. The President and Vice President shall be elected by direct vote of the People (Art. VII. Sec 4)
2. Regular elections are held on the second Monday of May
3. Congress, as the National Board of Canvasser
-Congress merely acts as a national board of canvassers, charged with the ministerial and executive duty
to make said declaration, on the basis of election returns duly certified by provincial and city board of
canvassers.
4. The Supreme Court en Banc acts as the Presidential Electoral Tribunal (PET)
TERM OF OFFICE
-

6 years which shall begin at noon on the 30 th of June next following the day of the election and shall end of the
same date 6 years thereafter.

There can be no re-election and no person who has succeeded as President and has served as such for more than 4
years shall be qualified for election to the same office at any time.

PRIVILEGES:
1. Official Residence
2. Salary
-determined by law
-shall not be decreased during the tenure
-no increase shall take effect until after the expiration of the term of the incumbent during which such
increase was approved.
3. Immunity from suit:
a. Absolute unlike in the case of the Members of the Congress
b. While the President is immune from suit, he or she may not be prevented from instituting suit.
c. After his or tenure, The President cannot invoke immunity from suit for civil damages arising out of
acts done by him or her while he or she was President which were not performed in the exercise of
official duties.
d. An alter ego of the President (department secretary) cannot invoke the Presidents immunity from
suit in a suit filed against him because the questioned acts are not the acts of the President but merely
those of the alter ego.
PROHIBITIONS
I Shall not receive any other emoluments from the government or any other source
-

No distinction is made whether the source comes from the government or any other sources.

II- Shall not hold any other office or employment unless provided by the Constitution
-

Insofar as the President is concerned, the prohibition is absolute

The Vice President however may be appointed to the Cabinet without the need of confirmation by the Commission
of the Appointment.

III Shall not directly or indirectly practice any other profession, participate in any business, be financially interested in
any contract with or in any franchise, or special privilege granted by the Government or any subdivision, agency or
instrumentality thereof, including GOCCs or their subsidiaries.
IV Shall avoid conflict of interest in the conduct of their office.
V May not appoint spouse or relatives by consanguinity or affinity within the 4 th civil degree
a. As members of the Constitutional Commission
b. Office of the Ombudsman, or
c. As secretaries, undersecretaries, Chairmen or Heads of Bureaus or offices, including GOOCCs and their
subsidiaries
-

If fourth civil degree relatives, however, are already in office when a President assumes office, the relatives are not
ousted from their positions. What is prohibited is appointment or re-appointment and not uninterrupted
continuance on office.

VACANCY
-

In the event that there is a vacancy in the Office of the President, it is imperative to determine first whether such
vacancy falls under the following circumstances:
a. Vacancy at the beginning of the term or
b. Vacancy during the term

Rules on Succession: Vacancy at the beginning of the term

1.

In case of death or permanent disability of the President-elect

-the Vice President shall become the President.

2. If the President-elect fails to qualify,

-Vice President shall act as President until a President shall have been chosen and qualified.
3. If the President shall have not been chosen,
-The Vice- President shall act as President until a President have been chosen and qualified
4. If both the President and the Vice President shall not have been chosen or 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 HR shall act as President until a
President Or Vice President shall have been chosen and qualified.
Note: An acting President is not an incumbent President nor does he become President to serve the
unexpired portion of the term.
Rules on Succession: Vacancy occurs in mid-term
Section 8, Article VII
-Death, permanent disability, removal from office, or resignation of the President, the Vice President shall become
the President to serve the unexpired term.
-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 HR shall act as President until a President or
a Vice President shall have been elected and qualified.

Vacancy in the Office of the Vice President

Section 9, Article VII
-The President shall nominate a Vice-President from among the members of the Senate and the HR who shall
assume office from confirmation by a majority of all the members of both Houses, voting separately.

PROCEDURE IN CASES OF VACANCIES IN BOTH OFFICES OF THE PRESIDENT AND VICE PRESIDENT
1.
2.
3.
4.
5.
6.

Congress shall convene in accordance with its rules without the need of call in the third day after the vacancy
occurs.
Within 7 days shall enact a law for special election to be held not earlier that 45 days nor later than 60 days
thereafter.
The bill shall be deemed certified and shall become law upon its approval on 3rd reading by Congress.
Appropriations shall be charged against any current appropriation and shall be exempt from the requirements of
par 4, Section 25 of Art VI.
Convening of Congress cannot be suspended nor the special election be postponed.
No special election shall be called if the vacancy occurs within 18 months before the date of the next regular
elections.

VACANCY IN CASE OF DISABILITY

1.

In case the President transmits to the Speaker of the House and Senate President his written declaration of
inability to discharge the powers and duties of the office, The VP shall be the acting President until the President
transmits a written declaration to the contrary.

2. In case the majority of the Cabinet members transmits of the Cabinet members transmits to the Speaker of the
House and Senate President a written declaration of the Presidents inability to discharge the powers and duties of
his office, The VP shall immediately assume the powers and duties as acting President.
3. In case there is a contrary declaration between the President and the majority of the Members of the Cabinet,
a.

The Congress shall decide the issue,

b. If the Congress by a vote of 2/3 vote of both Houses, voting separately, found the President incapacitated,
the VP shall act as President. Otherwise, the President shall continue to exercise the powers and duties of
the Office.
SERIOUS ILLNESS OF THE PRESIDENT
Section 12, Article VII
-

In case of serious illness of the President, the public shall be informed of the state of his health.

The members of the Cabinet in charge of national security and foreign relations and the CSAFP (Chief of Staff of
the Armed Forces of the Philippines) shall not be denied access to the President during illness.

EXECUTIVE POWER
-

Generally refers to the power to enforce and administer laws.

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

Power of Administrative Re-organization

The President has the continuing authority to reorganize the national government which includes the power to
group or consolidate bureaus and agencies, to abolish offices, to transfer functions, to create and classify functions,
services and activities and to standardize salaries and materials.

Appointing Power
KINDS OF PRESIDENTIAL APPOINTMENTS
a.
b.
c.
d.

Regular Appointment
Ad Interim Appointment
Appointments made by an Acting President; and
Midnight appointments- those made 2 months before the next presidential elections and up to the end of his term.

Nominations/Appointments which require confirmation:

1.
2.
3.
4.

Heads of the Executive departments

Ambassadors, other public ministers and consuls
Officers of the Armed forces from the rank of colonel or naval captain
Other officers whose appointments are vested in the President in the constitution
a. Chairman and members of the Constitutional Commissions\
b. Regular members of the JBC
Nominations which require recommendation or nomination by the JBC
a. Members of the Supreme Court and all lower courts
b. Ombudsman and his deputies

Appointments made solely by the President

a.
b.
c.
d.

Those vested by the Constitution on the President Alone

Those whose appointments are not otherwise provided by law
Those whom he may be authorized by law to appoint and
Those other officers of lower in rank whose appointment is vested by law in the President alone

Appointing Procedure: Confirmation Required

1.
2.
3.
4.

Nominations of the President

Confirmation by the CA
Issuance of Commission, and
Acceptance by the appointee

Note: In ad interim appointment, the procedure is as follows, 1,3,4,2

Limitations on the Appointing Power of the President

1.

May not appoint his spouse and relatives by consanguinity or affinity within the 4 th civil degree of the President
for the following positions:
a. Members of the Constitutional Commission
b. Members of the Office of the Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairman or heads of bureaus or offices including GOCCs and their subsidiaries
2. Appointments made by an acting President shall remain effective unless revoked within 90 days from assumption
of office by the elected President.
-covers only appointments in the executive department
3. President or an acting President shall not make appointments except temporary ones before the next presidential
elections and up to the end of his term when continued vacancy will prejudice public service or endanger public
safety.
-does not refer to appointment of the Members of the Supreme Court
4.