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of the House bill.

Later the President certified to the urgency of private subdivision and over property owned by respondent
Sec. 22 Appearance of Heads of Departments in Congress passing the Senate version of the bill. After the two versions had operator Zulueta. The Court invalidated the appropriation saying
gone through a Conference Committee, the House approved the that inasmuch "as the land on which the projected feeder roads
Conference Committee report which for all practical purposes were to be constructed belonged to respondent Zulueta, the
281. Senate v. Ermita- 488 SCRA 1 [2006]\ was the Senate bill. Was there a violation of the rule on result is that said appropriation sought a private purpose." The
origination? fact that some five months after the approval of appropriation
(Specified who may and who may not be summoned to Section the property was donated to the government was found quite
21 hearings. Under this rule, even a Department Head who is an The constitutional rule is that revenue bills must "originate irrelevant to the validity of the appropriation. "The validity of a
alter ego of the President may be summoned. Thus, too, the exclusively" from the House of Representatives. The Court said statute depends upon the powers of Congress at the time of its
Chairman and members of the Presidential Commission on that the exclusivity of the prerogative of the House of passage or approval, not upon events occurring, or acts
Good Government (PCGG) are not exempt from summons in Representatives means simply that the House alone can initiate performed, subsequently thereto.")
spite of the exemption given to them by President Cory Aquino the passage of a revenue bill, such that, if the House does not
during her executive rule. The Court ruled that anyone, except initiate one, no revenue law will be passed. But once the House Sec. 25. Rules on Appropriation
the President and Justices of the Supreme Court, may be has approved a revenue bill and passed it on to the Senate, the
summoned. Nor may a court prevent a witness from appearing Senate can completely overhaul it, by amendment of parts or by
in such hearing.) amendment by substitution, and come out with one completely
different from what the House approved. It does not matter
whether the Senate already anticipated a bill from the House 289. DPWH v. Quirino, GR No. 183444, October 12, 2011
and formulated one to take the place of whatever the House
Sec. 23. Declaration of a State of War; Emergency Powers might send. The Court rejected the idea that the Senate is 290. (par. 5) Goh v. COMELEC GR No. 212584, November 25, 2014
bound to retain the essence of what the other House approved.
Textually, it is the "bill" which must exclusively originate from the
House; but the "law" itself which is the product of the total
bicameral legislative process originates not just from the House
Delegation of Emergency Powers/Military Powers Limits on Power to Appropriate
but from both Senate and House.)

282. SANLAKAS v. Executive Secretary, 421 SCRA 656 [2004] 291. Brillantes v. Comelec, GR 163193, June 15, 2004
286. Alvarez v. Guingona- 292 SCRA 695 [1998]

283. Ampatuan v. Hon. DILG Sec. Puno, GR 190259, June 7, 2011 (A bill of local application, such as one asking for the conversion
of a municipality into a city, is deemed to have originated from
the house provided that the bill in the Senate even if, iin tgghe Prohibition of Increase
end, the senate approved its own version. Reiterates the VAT
Sec. 24. Bills Originating in the House of Representatives case.) Prohibition on “riders” in appropriation bills

287. Southern Cross Cement v. Phil. Cement, GR 158540, July 8, 292. Garcia v. Mata- 65 SCRA [1975]
284. Guingona v. Carague- 196 SCRA 221 [1991]
2004
(Re automatic appropriation for foreign debt servicing: Provisions unrelated to the appropriation bill are considered
Contention of the petitioners: 1) appropriation bill under Section prohibited "riders." Thus, a provision on the reversion of
24 must originate in the HOR and 2) there must be definiteness, reserved officers into active duty which was inserted in the
certainty, and exactness in an appropriation Appropriation Act of 1956- 1957 was found to be unrelated to
any provision in the appropriation act and therefore
unconstitutional. 3 1 9 Even if this specific prohibition did not
The court said that existing presidential decrees were laws and exist, however, riders in appropriation bills would still be
not bills still to be enacted into laws. The decrees are complete prohibited under the general prohibition of riders in Section
by themselves and the exact amount due can be arrived at by 26(1) to be discussed below. The rule on riders combined with
arithmetical computation on the basis of existing records.) the President's power of "itemveto" and the with the doctrine on
Appropriation of Public Revenue for Public Purpose "inappropriate provisions" has given to the President
285. Tolentino v. Secretary of Finance- 235 SCRA 630 [1994] tremendous control over money legislation. This will be treated
288. Pascual v. Secretary of Public Works- 110 PHIL. 331 [1960- below under Section 27.
(The meaning of origination from the House and the scope of 1961]
the Senate's power to introduce amendments were thoroughly 293. Atitiw v. Zamora, GR 143374, Sept. 30, 2005
discussed in Tolentino v. Secretary of Finance involving R.A.
(The case is interesting because it may have overtaxed the
No. 7716, the Value Added Tax (VAT) law. After the House 294. Farinas v. Executive Secretary, GR 147387, Dec. 10, 2003
requirement of public purpose. At issue was the appropriation of
version of the bill was sent to the Senate, the Senate introduced
85,000 pesos for a projected feeder road which ran through a
a substitute bill which apparently it had prepared in anticipation
bill, study and discuss the same, take appropriate action Similarly, the title "An Act Creating the Philippine Postal
thereon, and, thus, prevent surprise or fraud upon legislators." Corporation, Defining Its Powers, Functions and
Transfer of Funds Thus, the title "An Act Amending Certain Sections of Republic Responsibilities, Providing for the Regulation of the Industry and
Act Numbered One Thousand One Hundred Ninety-Nine, for Other Purposes Connected Therewith" was found to be
otherwise known as the Agricultural Tenancy Act of the sufficiently broad to cover the removal of the franking privileges
295. Demetria v. Alba- 148 SCRA 208 [1987] Philippines" was sufficient to include a provision authorizing the of the judiciary.
Secretary of Justice, acting through a tenancy mediation
(Commenting on the constitutional text, the Court said that the division, to carry out a national enforcement program, including 307. Tolentino v. Secretary of Finance- 235 SCRA 630 [1994]
provision is intended "to afford the heads of the different the mediation of tenancy disputes.
branches of the government and those of the constitutional
commissions considerable flexibility in the use of public funds (In Tolentino v. Secretary of Finance, there was no dispute that
302. Philconsa v. Gimenez- 15 SCRA 479 [1965] the VAT law bill had gone through second and third readings on
and resources" but that the leeway granted was limited. "The
purpose of augmenting an item and such transfer may be made the same day. The petitioners contended that the Constitution
only if there are savings from another item in the appropriation The title "An Act Amending Subsection (c), Section Twelve of had been violated since certification by the President dispensed
of the government branch or constitutional body." Pointing out Commonwealth Act Numbered One Hundred Eighty-Six, as only from the requirement of final printing and distribution three
that P.D. No . 1177 empowered the President "to amended by Republic Act Numbered Thirty Hundred Ninety- days before third reading but not from the requirement of having
indiscriminately transfer funds ... without regard as to whether or Six," was not deemed to include a provision allowing retirement the three readings on separate days. The Court replied that "the
not the funds to be transferred are actually savings in the item gratuity and commutation of vacation and sick leave to members 'unless' clause must be read in relation to the 'except' clause,
from which the same are to be taken," the Court declared the of Congress because the acts mentioned in the title referred to because the two are really coordinate clauses of the same
law unconstitutional.) members of the Government Service Insurance System sentence." 3 4 8 Hence , what the provision means is that the
whereas Senators and members of the House were not President's certification effects a dispensation from all the
members of the System. requirements.)
296. Liga v. COMELEC- 232 SCRA 219 [1994]
303. Alalayan v. NPC- 24 SCRA 172 [1968] 308. Tobias v. Abalos- 239 SCRA 106 [1994]
297. Nazareth v. Villar, G.R. No. 188635, 29 January 2013, 689
SCRA 385
Similarly, the title "An Act to Further Amend Commonwealth Act Similarly, the title "An Act Converting the Municipality of
Numbered One Hundred Twenty, as amended by Republic Act Mandaluyong Into a Highly Urbanized City of Mandaluyong" was
298. Pichay v. Office of the Deputy Executive Secretary, G.R. No. Numbered Twenty Six Hundred and FortyOne " was found deemed to include the resulting conversion of such city into a
196425, 24 July 2012, 677 SCRA 408 sufficiently expressive of the provision limiting the allowable congressional district in compliance with Article VI, Section 5(3)
margin of profit for corporations receiving at least fifty percent of of the Constitution.
299. Philconsa v. Enriquez- 235 SCRA 506 its power from the National Power Corporation.
309. Tatad v. Sec. of DOE- 281 SCRA 330 [1997]
300. Sanchez v. COA- 552 SCRA 471 304. Insular Lumber Company v. CTA- 104 SCRA 710 [1981]
310. De Guzman v. Comelec, GR 146319, October 26, 2001
(The purpose of Constitutional provision requiring unity of
content and expression of the content in the title is to prevent 311. Abakada v. Ermita- 469 SCRA 1 and MR [Sept. 1, 2005 & Oct.
duplicity of subject and surprise upon the legislators and the 18, 2005]
public. Clearly, the provision for exemption comes under the
general subject expressed in the title.)
312. BANAT v. COMELEC- 595 SCR 477 [2009]
305. Tio v. Vediogram Regulatory Board- 151 SCRA 208 [1987]
Sec. 26.Subject and Title of Bills; Three Readings “An act amending RA 8436 entitled “An act authorizing the
COMELEC to use an Automated Election System in the May 11,
The Court has also ruled that the title "An Act Creating the 1998 National or Local Eections and in the Subsequent
General Prohibition of “Riders”
Videogram Regulatory Board" was sufficiently broad to cover a Elections”
regulatory tax provision included in the act.
301. Cordero v. Cabatuando- 6 SCRA 418 [1962]
Wide-covering enough.
The requirement that every bill must only have one subject Practical rather than technical construction of one-subject one-
Of course, the Constitution does not require Congress to employ expressed in the title is satisfied if the title is comprehensive title rule.
in the title of an enactment language of such precision as to enough to include subjects related to the general purpose which
mirror, fully index or catalogue all the contents and the minute the statute seeks to achieve. Taxation is sufficiently related to
details therein. It suffices if the title should serve the purpose of the regulation of the video industry. 313. Datu Michael Abas Kida v. Senate of the Philippines, GR
the constitutional demand that it inform the legislators, the 196271, 18 October 2011
persons interested in the subject of the bill and the public, of the
306. Phil. Judges Assn. v. Prado- 227 SCRA 703 [1993]
nature, scope and consequences of the proposed law and its 314. Abas Kida v. Senate of the Philippines, G.R. No. 196271,
operation. And this, to lead them to inquire into the body of the October 18, 2011
An "item" in a revenue bill does not refer to an entire Thus, in Bolinao Electronics v. Valencia, a veto of a condition in
section imposing a particular kind of tax , but rather to the an appropriation bill which did not include a veto of the items to
Sec. 27. Procedure in Passage of Bills; Item Veto subject of the tax and the tax rate. To construe the word which the condition related was deemed invalid and without
"item" as referring to the whole section would tie the President's effect whatsoever. It is submitted nonetheless that the rule is
hand in choosing either to approve the whole section at the also applicable under the present Constitution because all that
expense of also approving a provision therein which he deems the sentence does is to emphasize that an item which can be
unacceptable or veto the entire section at the expense of subject of a separate veto must be a "distinct and severable
Passage of Bills foregoing the collection of the kind of tax altogether. The evil part" of a bill.
which was sought to be prevented in giving the president the
315. Arroyo v. De Venecia, 277 SCRA 268 [1997] power to disapprove items in a revenue bill would be This view was applied in Philippine Constitution Association v.
perpetrated rendering that power inutile. Enriquez where the Court invalidated the veto of a restriction on
Two steps are required before a bill finally becomes a law. First, the use of funds for road maintenance and a restriction on the
it must be approved by both Houses of Congress. The 318. Gonzales v. Macaraig- 191 SCRA 452 [1990] use of funds for the purchase of medicines since the veto did
legislative action required of Congress is a positive act; there is not include a veto of the appropriated funds themselves.
no enactment of law by legislative inaction. The votes of the Gonzales v. Macaraig, Jr.,313 marks the Court's acceptance of
members of Congress may be obtained viva voce. However, what eventually would be referred to as the "doctrine of
there are instances when a roll call vote is required and inappropriate provisions." What the doctrine says is that a
individual members must vote with a yea or a nay. Such roll call provision that is constitutionally inappropriate for an
vote is required (1) upon the last and third readings of a bill [Art. appropriation bill may be singled out for veto even if it is not an
VI, §26(2)]; (2) at the request of one-fifth of the Members appropriation or revenue "item. " It means that the President
present [Art. VI, §16(4)]; and (3) in re-passing a bill over the veto may veto riders in an appropriation bill. 322. Tanada v. Tuvera, 146 SCRA 446 (1986)
of the President [Art. VI, §27(1)], 277 SCRA 268. Second, it
must be approved by the President. Approval by the President Publication is indispensable. Toral omission of publication would
may be by positive act or by inaction. If the President does not be a denial of due process of law in that the people do not know
act on the bill within thirty days after the receipt of the bill, the bill what laws to obey.
automatically becomes law. 319. Bengzon v. Drilon- 208 SCRA 133 [1992]

In both the 1935 and 1973 Constitutions, there was no In Bengzon v. Drilon,161 however, the veto was declared
mechanism which allowed verification of whether the President invalid. The case involved the General Appropriations Act of
1992. The law appropriated 500,000,000 pesos "For general Sec. 28. Taxation
had acted on the bill or not. Hence, if challenged, it was possible
for the President to say that he did act on the bill within the fund adjustment for operational and special requirements as
specified period even if in fact he had sat on it. Under the new indicated hereunder." Among the several authorized uses of the
provision verification is now possible because he is required to fund was the adjustment of pension of justices as authorized by
communicate his veto to the House where the bill originated. an earlier law. The President vetoed the use of the fund for the Scope and Purpose
"The President shall communicate his veto of any bill to the adjustment of the pension of justices. In declaring the veto
House where it originated within thirty days after the date of invalid, the Court said that it was not the veto of an item. The
323. Planters v. Fertiphil- 548 SCRA 485
receipt thereof; otherwise, it shall become a law as if he had item was the entire 500,000,000 peso allocation out of which
signed it." From the discussions of this provision it is clear that unavoidable obligations not adequately funded in separate items
could be met. What the President had vetoed, according to the In Planters Products, Inc. (PPI) v. Fertiphil Corp.,™ the Court
"otherwise" means "if the President fails to make such
Court, was the method of meeting unavoidable obligations or had occasion to review the validity of LOI1465 , a martial rule
communication within the specified period."
the manner of using the 500,000,000 pesos. product, which imposed a ten peso capital contribution for the
sale of each bag of fertilizer "until adequate capital is raised to
316. Abakada v. Ermita- 469 SCRA 1 make PPI viable." PPI was a private corporation. Clearly,
320. Philconsa v. Enriquez- 235 SCRA 506 [1994]
therefore, the imposition was for private benefit and not for a
public purpose and therefore invalid. The Court also found that,
Another way of exercising veto: even if seen as an exercise of police power, the imposition
Presidential Veto would still be invalid for not being for a public purpose.
Executive impoundment means refusal of the President to Moreover, although the power to tax is legislative in nature,
spend funds already allocated by the Congress for a specific Section 28(2) itself authorizes Congress to delegate it to the
317. CIR vs. CTA- 185 SCRA 329 [1990] purpose. President. But the President is bound by the conditions set by
Congress. This is one exception to the rule of non-delegability of
Thus, in Commissioner of Internal Revenue v. Court of Tax 321. Bolinao Electronics v. Valencia, 11 SCRA 486 (1964) legislative power.
Appeals,166 where the President vetoed the portion of Section
42 of R.A. 6110 referring to 20% caterers tax on restaurants
operated by hotels, motels and rest houses but leaving the rest Effect of invalid veto: It is without effect as if the President
of the section intact, the Court upheld the veto saying: did not act on the bill at all.
Limitations on the Power: Uniform and Equitable
324. CIR v. CA- 261 SCRA 236 [1996] economic zone, that fact did not by itself also give to John Hay The subsequent dpnation of the road did not violate the law
the tax exemption given specifically to the Subic Special because the validity of a statute depends upon the powers of
325. Commissioner of Internal Revenue v. Lingayen Gulf Electric Economic Zone under R.A. No. 7227. the congress at the time of its approval , and not upon events
Power Co., Inc, 164 SCRA 27 occurring or acts performed subsequently.
335. Lung Center v. QC, GR 144104, June 29, 2004
326. Tolentino v. Sec. of Finance- 235 SCRA 506 342. MIAA v. Mabunay- GR 126151, January 20, 2000
Illustrative of constitutional tax exemption is the case of the
327. Tan v. Del Rosario- 237 SCRA 324 [1994] Lung Center of the Philippines because a minimum of 60% of its 343. Guingona v. Carague- 169 SCRA 221 [1991]
hospital beds are exclusively used for charity patients and the
major thrust of its hospital operation is to serve charity patients, 344. COMELEC v. Hon. Quijano- GR 151992, September 18, 2002
Tan v. del Rosario put it, uniformity of taxation simply means the Center was deemed to be an exempt charitable institution.
that 1) the standards that are used therefor are substantial and To determine whether an enterprise is a charitable
not arbitrary, (2) the categorization is germane to achieve the institution/entity or not, the elements which should be
legislative purpose, (3) the law applies, all things being equal, to considered include the statute creating the enterprise, its
both present and future conditions, and (4) the classification corporate purposes, its constitution and by-laws, the methods of Special Funds
applies equally well to all those belonging to the same class. administration, the nature of the actual work performed, the
character of the services rendered, the indefiniteness of the 345. Gaston v. Republic Planters Bank- 158 SCRA 626 [1988]
beneficiaries, and the use and occupation of the properties."
346. Osmena v. Orbos- 220 SCRA 703 [1993]
Progressive System 336. Garcia v. Executive Secretary, GR 101273, July 3, 1992
In Osmena v. Orbos, part of the controversy was whether the
Delegated Tax Legislation 337. Lladoc v. CIR, 14 SCRA 292 money that went into the Oil Price Stabilization Fund [OPSF]
was tax money levied for a special purpose. As set up by law, it
328. Southern Cross Cement v. Phil. Cement, GR 158540, July 8, It must be pointed out, however, that the exemption created by was a "trust fund" which derived funding from four sources: (1)
2004 the constitutional provision is only for taxes assessed ... as from increase in the tax collection from ad valorem taxes on oil
property taxes, as contra-distinguished from excise taxes. products; (2) from any increase in the tax collection as a result
Although the power to tax is legislative in nature, Section 28(2) of the lifting of tax exemptions of government corporations; (3)
itself authorizes Congress to delegate it to the President. But the 338. Central Mindanao University v. DAR, GR 100091, October 22, from additional amounts imposed by the Board of Energy on
President is bound by the conditions set by Congress. 3 9 7 This 1992 petroleum products; (4) from peso savings resulting from the
is one exception to the rule of non-delegability of legislative fluctuation of the peso against currencies used for the
power. importation of crude oil and petroleum products.
339. Commissioner v. CA, GR 124043, October 14, 1998

329. Abakada v. Ermita- 469 SCRA 1 [2005] 347. Philippine Coconut v. Republic- 663 SCRA 514 [2012]

330. Spouses Constantino v. Cuisia, GR 106064, Oct. 13. 2005 340. Systems Plus Computer College v. Caloocan City, GR No.
146382, August 7, 2003
Impoundment
Tax exemptions are granted for those properties “actually,
Exemptions directly and exclusively used either for charitable, religious or 348. Araullo v. Aquino III, GR No. 209287 (2014)
educational purposes
331. Abra Valley College v. Aquino- 162 SCRA 106 [1988]

332. Bayan v. Zamora, GR 138570, October 10,2000 Sec. 30. Appellate Jurisdiction of the Supreme Court
Sec. 29. Fiscal Powers of Congress; Limitations; Special Funds
333. Republic v. City of Kidapawan- 477 SCRA 324 [2005] 349. First Lepanto Ceramics v. CA- 237 SCRA 519 [1994]

334. John Hay People’s Alternative Coalition v. Lim, GR 119775, Oct. 350. Diaz v. CA- 238 SCRA 785 [1994]
24, 2003 Fiscal Powers of Congress
351. Fabian v. Desierto, GR 129742, September 16, 1998
Exemptions granted, however whether by the Constitution or by 341. Pascual v. Secretary of Public Works- 110 PHIL. 331 [1960-
statute, should not be extended beyond what is covered. Thus, 1961] Appellate jurisdiction of the Supreme Court. Section 2 of Article
although the former Camp John Hay was declared a special VIII gives to Congress the power to apportion the jurisdiction of
courts. Thus, Congress is free to add to or subtract from the 358. Lambino v. COMELEC, GR 174153, GR 174299, October 25, Executive Privilege
powers of the courts except insofar as these have been fixed by 2006
the Constitution. Section 30 is a response to the concern that 370. US v. Nixon- 418 US 683 [1974]
the Supreme Court might be swamped with jurisdictional
concerns which might inhibit it from an expeditious disposition of
important cases. Section 30 does not prohibit Congress from 371. Almonte v .Vasquez- 244 SCRA 286 [1995]
increasing the jurisdiction of the Supreme Court but simply Article VII: Executive Department
prescribes that any such increase should be with the advice and 372. Senate v. Ermita- GR 169659, April 20, 2006 [E.O. 464]
concurrence of the Court.
373. Neri v. Senate- GR 180643, March 25, 2008
Thus, Art. 82 of the Omnibus Investment Code of 1987 granting Section 1. Executive Power; Privileges; Immunities
the right of appeal to the Supreme Court was invalidated 374. Akbayan v. Aquino- GR 170516, July 16, 2008
because it was passed without the advice and concurrence of
the Supreme Court.
Scope of Power
352. Villavert v. Desierto, 326 SCRA 355 [2000]
Immunity from Suit
359. Marcos v. Manglapus- 177 SCRA 668 [1989]
353. Tirol v. COA, GR 133954, August 3, 2000
375. Soliven v. Makasiar 167 SCRA 393 [1988]
360. Villena v Secretary of Interior 67 Phil 451, 456 (1939)
354. Cabrera v. Lapid- 510 SCRA 55 [2006]
376. Harlow v. Fitzgerald 457 US 800 [1982]

377. Clinton v. Jones 520 US 681 [1997]


Example of exercise
Sec. 31. Titles of Royalty and Nobility
378. Gloria v. CA- GR 119903, August 15, 2000
Valid Exercise
379. Estrada v. Desierto- GR 146740-15 and GR 146738, March 2,
361. Philconsa v. Enriquez- 235 SCRA 506 [1994] 2001 and MR- April 3, 2001
Sec. 32. Initiative and Referendum
362. Webb v. de Leon- 247 SCRA 652 380. David v. Arroyo- 289 SCRA 162 [2006]
355. Garcia v. COMELEC, 237 SCRA 279 (1994)
363. Djumantan v. Domingo- 240 SCRA 746 [1995]
The holders of legislative power: Congress; people through
initiative and referendum; President in emergency. In republican
364. Chavez v. PCGG- GR 130716, December 9, 1998 The Cabinet
constitutional theory, the original legislative power belongs to
the people who, through the Constitution, confer derivative
legislative power on the legislature. But the grant of national 365. Pontejos v. Ombudsman- 483 SCRA 83 [2006] 381. Constantino v. Cuisia- 472 SCRA 505 [2005]
legislative power to Congress under the 1987 Constitution is not
exclusive. 366. Banda v. Ermita- 618 SCRA 499 [2010]

The first case to come under this implementing law involved Section 2. Qualifications of the President
local "initiative and referendum" was Garcia v. Commission on
Elections, upheld the validity of the procedure prescribed by the
Invalid Exercise 382. Tecson v. COMELEC, G.R. No. 161434, March 3, 2004
Local Government Code for local initiative and referendum.

367. Laurel v. Garcia- 187 SCRA 797 [1990] 383. Poe-Llamanzares v.COMELEC, G.R. No. 221697, March 8,
The implementing legislation is Republic Act No. 6735 entitled 2016
"An Act Providing for a System of Initiative and Referendum and
Appropriating Funds Therefore. 368. Review Center v. Ermita- 583 SCRA 42 [2009]

356. SBMA v. COMELEC- 262 SCRA 492 [1996] 369. Biraogo v. Truth Commission- 637 SCRA 78 [2010]
Section 3. Vice President
357. Defensor- Santiago v. COMELEC- 270 SCRA 106 [1997]
Section 4. Election, Term Limits and Canvass Section 5. Oath 406. Bitonio v. COA, G.R. no. 147392, March 12, 2004

384. Anson-Roa v. Arroyo, GR 162384, March 24, 2004 407. Public Interest Group v. Elma, GR No. 138965, June 30, 2006

Section 6. Official Residence; Salary 408. De la Cruz v. COA, GR 138489, November 27, 2001

Congress as National Board of Canvassers 409. Funa v. Ermita- 612 SCRA 308 [2010]

385. Macalintal v. COMELEC GR NO 157013, July 10, 2003 Section 7. Vacancy at the Beginning of the Term of the Presidency 410. Enrique U. Betoy v. The Board of Directors, National Power
Corporation, GR 15655657, 04 October 2011
386. Brillantes v. COMELEC- 432 SCRA [2005]

387. Pimentel v. Joint Committee- GR 163783, June 22, 2004 Section 8. Vacancy During the Term of the Presidency
Other Prohibitions
388. Lopez v. Senate- GR 163556, June 8, 2004 400. Estrada v. Desierto, 353 SCRA 452, 2001; MR, 356 SCRA 108,
2001 411. Doromal v. Sandiganbayan- 177 SCRA 354 [1989]
389. BANAT v. COMELEC, GR 177508, August 7, 2009
401. Lozano, et al v. Macapagal-Arroyo, February 6, 2001 412. Espiritu v. Del Rosario, GR. No. 204964, 738 SCRA 464, 2014

Breaking President or Vice-President Tie


Section 9. Vacancy in the Vice Presidency Section 14. Appointments of Acting President
390. Presidential or Vice- Presidential Controversies

391. Defensor- Santiago v. Ramos- 253 SCRA 559 [1996]


Section 10. Vacancies in Both the Presidency and the Vice Section 15. Prohibited Appointments
392. Tecson v. Lim- 424 SCRA 277 [2005] Presidency
413. In Re Appointments of Valenzuela and Vallarta, AM No. 98-5-
393. Poe v. GMA, Pet Case No. 002, March 29, 2005 01-SC, Nov. 9, 1998

394. Macalintal v. PET- 635 SCRA 783 [2010] Section 11. Incapacity of the President 414. De la Rama v. CA, G.R. No. 131136, Feb. 28, 2001

402. Estrada v. Desierto, 353 SCRA 452, 2001; MR, 356, SCRA 108, 415. De Castro v. Judicial and Bar Council, GR No. 191002, April 20,
2001 2010 and May 1, 2010
Term Limit on the President
416. Velicaria-Garafil v. Office of the President, G.R. No. 20337,
June 16, 2015
395. Pormento v. Estrada, GR 191988, August 31, 2010
Section 12. Serious Illness of the President
396. Macalintal v. COMELEC, GR No. 157013, July 10, 2003
Section 16. Power to Appoint; Commission on Appointments
397. Pimentel v. Joint Canvassing Committee, June 22, 2004
Section 13. Prohibitions
Nature of the Appointing Power
398. Fernando Poe, Jr. v. Arroyo, PET Case No. 002, March 29,
2005 403. Rafael v. Embroidery & Apparel Control Board- 21 SCRA 336
[1967] 417. Government v. Springer- 50 PHIL 259 [1927]
399. Legarda v. De Castro, PET Case No. 003, March 31, 2005
404. CLU v. Exec. Secretary- 194 SCRA 317 [1991] 418. Roxas v. Lopez 17 SCRA 756

405. Flores v. Drilon, 223 SCRA 568, 1993 419. Bermudez v. Exec, Secretary- GR 131429 [August 4, 1999]
420. Datu Michael Abas Kida v. Senate of the Philippines, 436. Abas Kida v. Senate of the Philippines, GR No. 196271, 457. Biraogo v. Truth Commission, GR No. 192935, December 7,
reconsideration, GR 196271, February 2012 October 18, 2011 2010

458. Angeles v. Gaite- 605 SCRA 409 [2009]

Kinds of Presidential Appointments Section 17. Power of Control 459. Boy Scouts of the Philippines v. Commission on Audit, GR
177131, 07 June 2011
421. Pimentel v. Ermita- 471 SCRA 587 [2005] 437. Lacson-Magallanes v. Pano 21 SCRA 395, 1967

438. Maceda v. Macaraig, Jr 197 SCRA 771


Power of Supervision
Scope of the Power of the Commission on Appointments 439. Roque v. Director of Lands, L-25373, July 1, 1976
460. Drilon v. Lim- 235 SCRA 135 [1994]
422. Sarmiento III v. Mison- 156 SCRA 549 [1987] 440. Ang-Angco v. Castillo 9 SCRA 619, 1963

423. Bautista v. Salonga- 172 SCRA 1260 [1989] 441. NAMARCO v. Arca 29 SCRA 648, 1969
Faithful Execution Clause
424. Quintos- Deles v. CA- 177 SCRA 259 [1989] 442. Drilon v. Lim 235 SCRA 135, 1994
461. PRA v. Bunag, GR 143784, Feb. 5, 2003
425. Pobre v. Mendieta- 224 738 [1993] 443. Joson v. Torres 290 SCRA 279, 1998
462. Romualdez v. Sandiganbayan, GR 152259, July 29, 2004
426. Flores v. Drilon- GR 104732, June 22, 1993 444. PASEI v. Torres-225 SCRA 417 [1993]
463. Banda v. Executive Secretary Ermita, G.R. No. 166620, April
427. Rufino v. Endriga- 496 SCRA 13 [2006] 445. De Leon v. Carpio- 178 SCRA 457 [1989] 20, 2010

446. Hutchison v. SBMA- GR 131367, August 31, 2000 464. Prospero Pichay v. Office of the Deputy Executive Secretary for
Legal Affairs, G.R. No. 196425, July 24, 2012
Congress Requiring Confirmation by the Commission on 447. Dadole v. COA, GR No. 125350, Dec. 3, 2002
Appointments on Other Appointments 465. Hontiveros-Baraquel v. Toll Regulatory Board, GR No. 181293,
2015
448. Domingo v. Zamora, GR 142283, Feb. 6, 2003
428. Calderon v. Carale- 208 SCRA 254 [1992]
466. Datu Zaldy Uy Ampatuan v, Hon. Puno, G.R. No. 190259, June
449. DENR v. DENR Employees, GR No. 149724, Aug. 19, 2003 7, 20122
429. U-sing v. NLRC- 221 SCRA 680 [1993]
450. Villaluz v. Zaldivar, 15 SCRA 710 467. Province v. COA, G.R. 182573, September 28, 2010.
430. Tarrosa v. Singson- 232 SCRA 553 [1994]
451. Chavez v. Romulo- 431 SCRA 534 [2004]
431. Manolo v. Sistoza- 312 SCRA 239 [1999]
452. KMU v. Dir.-Gen. of NEDA- 487 SCRA 623 [2006] Section 18. President’s Powers as Commander in Chief
432. Soriano v. Lista, GR 153881, March 24, 2004
453. Tondo Medical Center Employees v. CA, GR No. 167324, July 468. Lansang vs. Garcia, 42 SCRA 448
17, 2007
469. Aberca v. Ver, 160 SCRA 590
Recess or Ad- Intern Appointments and Temporary Appointments 454. Malaria Employees v. Executive Secretary, GR No. 160093,
July 31, 2007
470. IBP v. Zamora, GR 141284, August 15, 2000
433. Pimentel v. Ermita, GR 164978, October 13, 2005
455. Orosa v. Roa, GR No. 14047, July 14, 2006
471. Lacson v. Perez, GR 147780-81, 147799 and 1477810, May 10,
434. Quintos-Deles v. Commission on Appointments, 177 SCRA 259, 2001
1989 456. Phillips Seafood v. BOI, GR No. 175787, February 4, 2009

435. Matibag v. Benipayo, GR No. 149036, April 2, 2002


472. Sanlakas v. Executive Secretary, GR No. 159085, February 3, 488. Sabello v. Department of Education, GR No. 87687, December
2004 26, 1989

473. David v. Macapagal-Arroyo, GR 171396, May 2006 489. People v. Salle, Jr GR No. 103567, December 4, 1995

474. David v. Ermita, GR No. 171409, May 3, 2006 490. Garcia v. COA, 226 SCRA 356, 1993

475. Gudani v. Senga, GR No. 170165, April 15, 2006 491. Echegaray v. Sec. of Justice, GR No. 132601, Jan 19, 1999

476. Ampatuan v. Puno, 651 SCRA 228

477. Fortun v. Arroyo, GR 190293, March 20,2012 Section 20. Foreign Loans

478. Guamaua v. Espino 96 SCRA 403, 403-7 (Martial Law 492. Spouses Constantino v. Cuisia, GR 106064, October 13, 2005
Summary)

Section 21. Foreign Relations: Senate Concurrence in International


Section 19. Executive Clemency Agreements

493. USAFFE Veterans Association v. Treasurer, 105 PHIL 1030,


1959
Purpose of Executive Clemency
494. Gonzales v. Hechanova- 9 SCRA 230 [1963]
479. Cristobal v. Labrador 71 PHIL 34 [1940-1941]
495. World Health Organization v. Aquino, 48 SCRA 242

496. Bayan v. Executive Secretary Zamora, 343 SCRA 449, 2000


Constitutional Limits on Executive Clemency
497. Pimentel v. Executive Secretary, 2005
480. Llamas v. Orbos 202 SCRA 844 [1991]
498. Lim v. Executive Secretary, GR No. 151445, April 11, 2002
481. People v. Salle- 250 SCRA 581 [1995]
499. Secretary of Justice v. Judge Lantion, GR No. 139465, Oct. 17,
482. People v. Bacang 260 SCRA 44 [1996] 2000

483. Drilon v. CA 202 SCRA 378 [1991] 500. Abaya v. Ebdane- 315 SCRA 720 (2007)

484. Torres v. Gonzales 152 SCRA 272 [1987] 501. Pharmaceutical v. DOH- GR 173034, October 9, 2007

485. People v. Casido 269 SCRA 360 [1997] 502. Vinuya v. Executive Secretary, GR No. 162230, April 28, 2010

503. Bayan Muna v. Romulo, 641 SCRA 244

Pardon: Nature and Legal Effects

486. Monsanto v. Factoran 170 SCRA 190 [1989] Other Foreign Affairs Power

487. Garcia v. COA 226 SCRA 356 [1993] 504. Vinuya v. Romulo- 619 SCRA 533 [2010]

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