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Executive Power : vested in the President

President:
Qualifications:
1. natural born citizen;
2. registered voter;
3. able to read and write;
4. at least 40 years old;
5. resident of the Philippines for at least
10 years immediately preceding the
election .

Elected at large by direct vote.

Canvassing Board: Congress.
Electoral Tribunal: supreme Court.
Term of Office: 6 years no re-election and

one who has succeeded as President and

has serve as such for more than four years
is not qualified for the same office at any
time.
Manner of removal: only by impeachment.
Salary: determined by law and cannot be
increased during his term.

Vice President:
Qualification, election, term of office and manner

of removal: same as president

No VP shall serve for more than two consecutive
terms
VP may be appointed as member of the Cabinet:
need not be confirmed
In case of vacancy- the president shall nominate a
vice president from among members of the
Senate and the House of representatives need
confirmation by a majority vote of all members of
both House of congress voting separately.

Rules of Succession:
President dies/ permanently disabled: VP-

elect becomes president.

President elect fails to qualify/President not

yet chosen: VP- elect in acting capacity

until a president is chosen or qualifies.

President/ Vice-President not

chosen nor shall have qualified of

both died or become
permanently disabled: Senate
President or incase of his
inability,
Speaker of the House in acting
capacity until a President shall
have been chosen and qualified.

In the event of inability of the

above officials, Congress, by law

provides for the manner in which
one who is to act as a President
shall be selected until a
President /Vice president shall
have been chosen and qualified.

Presidential Power:
1. Executive Power- power to enforce and
administer laws
2. Power of Appointment (Section 16a)permanent or temporary; b.)regular or
interim

Appointing
a. Nomination by the President;
Procedure:

b. Confirmation by the commission on

appointments;
c. Issuance of the commission;
d. Acceptance by appointee- deemed
complete upon acceptance of the
appointee.

Limitation on Appointing
Power:
a. Appointment made by an acting
president shall remain effective
unless revoke within 90days from
assumption of office by elected
president:

b. President or acting President shall

not make appointments except
temporary once to executive
positions two months immediately
before next Presidential election
and up to the end of his term. Only
when continued vacancy will
prejudice public service or
endanger public safety.

3.

Power of removal
- power is implied from the
power to appoint
-exception: those appointed
by him
where the constitution
prescribes certain
methods
for separation for public service

4. Power of Control
-Power of an officer to alter,
nullify, or set aside what a
substitute had done in the
performance of his duties and to
substitute his judgment to that
of the former .

-Doctrine of a Qualified Political

Agency or Alter-Ego Principle: acts
of the secretaries of executive
Department when perform and
promulgate in the regular course
of business or unless disapproved
or reprobated by the Chief
Executive are presumptively the
acts of the chief executive.

5. Military Powers
a. Commanderin-chief Clause.
-to call out the Armed Forces to
prevent or suppress lawless
violence; invasion or rebellion
-organize court martial and create
military commissions

b. Suspension of the Writ of

Habeas Corpus and Declaration of
Martial Law grounds: invasion or
rebellion.

6. Pardoning Power
-Pardon: act of grace which exempts an
individual on whom it is bestowed from
punishment which the law inflict for a
crime he has committed.
-Commutation: reduction of mitigation
of penalty.
Reprieve: postponement of sentence or
stay of execution.
-Parole: release from imprisonment, but
without full restoration of liberty, as a
parolee is in the custody of the law
although not in confinement.

- Amnesty : act of grace concurred

in by legislature usually intended
to groups of person who
committed political offenses and
puts to oblivion the offence itself.
- Exercise by the president is
discretionary and may not be
controlled by the legislature or
reversed by the court unless there
is a constitutional violation.

Limitations:
Cannot be granted in cases of
impeachment;
Cannot be granted in violations of election
laws without favorable recommendation of
the Comelec;
Can be granted only after conviction by
final judgment(except amnesty);
Cannot be granted in cases of the
legislative contempt or civil contempt;
Cannot be absolved civil liability;
Cannot restore public office forfeited.

7. Borrowing Power
1. The President may contract or

guarantee loans on behalf o the

Republic with the concurrence of
the Monetary Board, subject to
such limitations as may be
provided by law.
2. Monetary Board shall submit to
congress report on loans within 30
days from end of every quarter.

8.Diplomatic Power
-no treaty or international
agreement shall be valid and
effective unless concurred in by
at least 2/3 of all members of the
Senate.

9. Budget Power
-within 30 days from opening
of every regular session,
President shall submit to
congress a budget of
expenditures and sources of
financing, including receipts from
existing and proposed revenue
measures.

10. Informing Power

-President shall address
congress at the opening of its
regular session. He may appear
before it ay any other time.

11. Residual Power

-whatever is not judicial,
whatever is not legislative, is
residual power exercised by the
President.

12. Other Powers

Call congress to special session
Power to approve or veto bills
Power to deport aliens
Consent to deputization of government

personnel by COMELEC;
Discipline such deputies;
By delegation from congress, exercise
emergency powers and tariff powers;
General supervision over local government
units and autonomous regional government

Article VII. The Executive

Department
Section I.
The executive power shall be
vested in the President of the
Philippines.

Section 2.
No person may be elected
president unless he is a natural
born citizen of the Philippines, a
registered voter, able to read and
write, at least 40 years of age on
the day of election, and a resident
of the Philippines for at least 10
years immediately preceding such
election .

Section 3.
There shall be a vice president
who shall have the same
qualifications on the term of office
and be elected with and in the
same manner as the President. He
may be removed from office in the
same manner as the president.

Section 4.
The and the Vice-President shall be elected
by direct vote of the people for a term of
six years which shall begin at noon on the
thirtieth day of June next following the day
of the election and shall end at noon of the
same date 6 years thereafter . The
president shall not be eligible for any
reelection. No person who has succeeded
as president and has served as such for
more than four years shall be quali8fied
for election to the same office at any time.

Section 5.
Before they enter the execution of their office,
the President, Vice-President , or the acting
President shall take the following oath or
affirmation:
I do solemnly swear (or affirm) that I will
faithfully and conscientiously fulfill my duties as
President (or Vice- President or acting president )
of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every
man, and consecrate my self to the service of the
Nation. So help me God. (In case of affirmation,
last sentence will be omitted.)

Section 6.
The president shall have an official
residence. The salaries of the president
and the vice-President shall be determine
by law and shall not be decreased during
their tenure. No increase in said
compensation shall take effect until after
the expiration of the term of the incumbent
during which such increase was approved.
They shall not receive during their tenure
any other emolument from the government
or any other source.

Section 7.
The President-elect and the VicePresident elect shall assume office
at the beginning of their term.
If the President elect fails to
qualify, the Vice- President elect
shall as president until the
president elect shall have
qualified.

Section 8.
In case of death, permanent
disability, removal from office, or
resignation of the President, the
Vice-President shall become the
President to serve the
unexpiredterm.

Section 9.
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 VicePresident from among the Members of
the Senate and the house of
representatives who shall assume the
office upon a confirmation by a majority
vote of all members of both House of
the Congress, voting separately.

Section 10.
The congress shall, at ten oclock in
the morning of the third day after the
vacancy of the offices of the president
and the Vice-president occurs,
convene in accordance with its rules
without need of a call and within
seven days enact a law calling for a
special election to elect a President
and a Vice- President to be held not
earlier than 45 days nor later than 60
days from the time of such call.

Section 11.
Whenever the President transmits to
the president of the senate and
Speaker of the House of
Representatives his written
declaration that he is unable to
discharge the powers and duties of his
office, and until he transmits to them
a written declaration on the contrary,
such powers and duties shall be
discharged by the Vice President as
acting President.

Section 12.
In case of serious illness of the
President, the republic shall be
informed of the senate of his
health. The members of the
cabinet in charge of national
security and foreign relations
and the Chief of Staff of the
Armed Forces of the Philippines,
shall not be denied access to the
president during such illness.

Section 13.
The President, the Vice
President, the members of
cabinet, and other deputies or
assistants shall not, unless
otherwise provided in this
constitution, hold any other
office or employment during
their tenure.

Section14.
appointment extended by an
acting President shall remain
effective, unless revoked by the
elected president within 90 days
from his assumption or reassumption o office.

Section 15.
Two months immediately before
the next presidential elections and
up to the end of his term, a
president or acting President
shall not make appointments,
except temporary appointments
to executive positions when
continued vacancies therein will
prejudice public service or
endanger public safety.

Section 16.
The President shall nominate and,
with the consent of the Commission
of 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.

Section 17.
The President shall have
control of all the executive
departments, bureaus, and
offices. He shall ensure tat the
laws be faithfully executed.

Section 18.
The President shall be the
commander-in-Chief of all Armed
Forces of the Philippines and
whenever it becomes necessary
he may call out such armed
forces to prevent or support
lawless violence, invasion or
rebellion.

Section 19.
Except in case of
impeachment, or as otherwise
provided in the constitution, the
President may grant reprieves,
commutations and pardons, and
remit fines and forfeitures, after
conviction by final judgment.

Section 20.
The president may contract or
guarantee foreign loans on
behalf of the Republic of the
Philippines with the power
concurrence of the monetary
board ,and subject to such
limitations as may be provided
by law.

Section 21.
No treaty or international
agreement shall be valid and
effective unless concurred in by
at least two-third of all the
members of the Senate.

Section 22.
The president shall submit to the
congress within 30 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.

Section 23.
The president shall address
the congress at the opening of
its regular session . He may also
appear before it at any other
time.
The President deliver the State of the
nation address (SONA) message where he
recommends measures for legislative action
and gives guidelines of nation policy.

PREPARE FOR A
QUIZ. . .

I. Modified True or False

Direction: Write the word true if

the statement is correct, and if it is
incorrect change the word/s that
makes the statement incorrect.
___1. Executive power is the power to
enforce and administer laws.
___2. Within 4o days from opening of
every regular session, President
shall submit to congress a budget
of expenditures and sources of
financing, including receipts from
existing and proposed revenue
measure.

___3. Pardon is an act of grace

concurred in by legislature usually
intended to group of persons who
committed political offences and
puts to oblivion the offense itself.
___4. Vice-President is able to serve
for more than two consecutive
terms like President.
___5. Pardoning power of the
President can be granted only
after conviction by final judgment
(except amnesty).

II. Classify the following sentences

according to power exercise by the
President.
__1. Nomination by the President.
__2. Appointed by President where
the Constitution prescribes certain
methods for separation from
public service.
__3. Calling out the Armed Forces
to prevent or suppress ;lawless
violence.

__4. Postponement of sentence or

stay of execution.
__5. Monetary board shall submit to
Congress report on loans within 30
days from end of every quarter.
__6. Whatever is not judicial,
whatever is not legislative is the
power exercised by the President.
__7. Power to Approve or veto bills

__8. Reduction or mitigation of

penalty.
__9. Power to deport aliens.
__10 Monetary board shall submit
to congress report on loans within
30 days from end of every quarter.
III. Enumeration
Give five qualifications of the
President of the Republic of the
Philippines.

Article VI-Legislative
Department

Section I.
The legislative power shall be
vested in the congress of the
Philippines w/c shall consist of the
senate and a House of
Representatives, except to the
extent reserved to the people by
the provision on initiative and
referendum.

1. Legislative power is the power

to propose, enact, amend,and

repeal laws.
2. Initiative is the power reserved
by the people directly propose
amendments to the constitution
and /or enact laws on the
national or local level.

Referendum refers to the process

by which the people approve or
disapprove any act or law or part
thereof submitted to them by
congress or local legislative body
for approval or disapproval.
3. Plebiscite the process by which
an amendment or revision of the
Constitution is approved or
disapproved by the people.

Thus the power of initiative/

referendum can be exercised in
three levels(ways):
-Initiative in the Constitution;
-Initiative on statutes, which refer
to the power of the people to
propose national legislation;
-Initiative national legislation:
regional, provincial city, municipal
or barangay ordinances/resolution.

3.

4. Limitation on the power of

initiative and referendum:
-No petition embracing more than
one subject shall be submitted to
the electorate to prevent fraud
and confusion.
-Statutes involving emergency
measure since these are vested in
congress by they Constitution
itself, until (90) days after their
affectivity.

5. Requisites for local Initiave:

-Not less than 2,000 registered voters
in case of autonomous regions;
-1,000 in case of provinces and cities;
-100 in case of municipalities;
-50 in case of barangays, may file a
petition with the regional assembly or
local legislative body respectively
proposing the adoption, enactment,
repeal or amendment of any law,
ordinance or resolution.(Sec. 13,R.A.
6735)

6. Limitation on Local Initiative:

-The power of initiative shall not be
exercise more than once a year;
-Initiative shall extend only to
subjects or matters which are
within the legal powers of the local
legislative bodies to enact;
-If at any time before the initiative
is held, the local legislative body
shall adopt in toto the proposition
presented, the initiative shall be
cancelled

7. Limitation upon Sangunians.

Any proposition or ordinance
approved through the system of
initiative and referendum as
herein provided shall not be
repealed modified or amended by
the Sangunian concerned within
six (6) Mos. from the date of the
approval thereof, and may be
amended ,modified of repealed by
the Sangunian within three years
by a vote of 3/4of all its members

8. Nature and scope of Legislative

Power.
a. Delegated and Derived.
In a republican state,
sovereignty resides in the people
and all the government
authority emanate from them.
Thus original legislative power
belongs to the people.

b. Plenary or general.
congress may legislate on any
subject matter unless the
Constitution itself limits the
subject matter on which it may
legislate. Since congress is
authorized to amend or repeal
laws, it can not pass irrepelable
laws, otherwise its power will
cease to be plenary.

c. Implied Powers Included.

This means that powers
needed for the effective exercise
of its Constitutionally granted
powers are impliedly granted as
well.

d. Generally non-delegable except

those that are expressly authorized
by the constitution to be
delegable. Congress may delegate
its legislative powers in the
following cases:
-To the President under the
following circumstances:
-Times of emergency;
-Times of war;
-In ordinary times as regards tariff,
wharfage; etc.

-To the local Government Units;

-Administrative Bodies.
9. Congress has Non-Legislative
Functions
It exercises non-legislative
functions w/c are the following:
a. Constituent- could transform,
propose amendment/revision of
the constitution.

b. Electoral function
c. Executive functions.
e.g. It takes part in the treaty
making-process.
d. Judicial.
e.g. It can Impeach the president
and all impeachable officials.
e. Investigative. Has full power to
investigate, to summon witness, and
to compel the production of books,
records, etc.

Section 2.
The senate shall be composed
of twenty-four Senators who
shall be elected at large by the
qualified voters of the
Philippines, as may be provided
by law.

Section 3.
No person shall be s senator
unless he is a natural-born citizen
of the Philippines, and, on the day
of election, is at least thirty-five
tears of age, able to read and
write, a registered voter ,and a
resident of the Philippines for not
less than two years immediately
proceeding the day of the election.

Section 4.
The term of office of the senators
shall be six years and shall
commence, unless otherwise
provided by the law, at noon at
the thirtieth day of June next
following their election.
No Senator shall serve for more
than two consecutive terms.

Section 5.
(1) The House of Representatives
shall be composed of not more
than two hundred and fifty
members .
(2) The party-list representatives
shall constitute twenty percentum
of the total number of
representatives including those in
the party list.

(3)Each legislative district

shall comprise, as far as
practicable, contiguous,
compact and adjacent territory.
Each city with a population of at
least two hundred fifty thousand,
or each province shall have at
lest one representative .

(4) Within three years

following the return of every
census, the congress shall make
a reappointment of legislative
districts based on the standard
provided in this section.

Section 6

No person shall be a Member of

House Representatives unless he is a
natural-born citizen of the Philippines
and, on the day of election , is at least
twenty-five years of age, able to read
and write, and except the party-list
representatives, a registered voter in
district in which he shall be elected,
and a resident thereof for a period of
not less than one year immediately
preceding the day of the election.

Definition of Terms
A party means either a political or a

sectoral party or a coalition of parties.

A political party is an organized group
of citizens advocating an ideology or
platform, principles and policies for the
general conduct of government and
which, as the most immediate means of
securing their adoption, regularly
nominates and support certain of its
leaders and members as candidates for
public office.

Sectoral party refers to an

organized group of citizen

belonging to any of the following
sectors: labor, peasant, fisherfolk,
urban poor, indigenous cultural
communities, elderly, handicapped,
women, youth, veterans, overseas
workers and professionals, whose
principal advocacy pertains to the
special interest and concerns of
their sectors.

It is national party when its

consistency is spread over the

geographical territory of at least
a majority of the regions.
It is a regional party when its

constituency is spread over the

geographical territory of at least
majority of the cities and
provinces comprising the region.

Sectoral organization refers to a

group of citizens or coalition of

groups of citizens who share
similar physical attributes or
characteristics, employment,
interest or concern.
A coalition refers to an aggrupation
of duly registered national,
regional, sectoral, parties or
organizations for political and/ or
election purposes.

Section 7.
The member of house
representatives shall be elected
for a term of three years which
shall begin ,unless otherwise
provided by law, at noon on the
thirtieth day of June next
following their election.

Section 8.
Unless otherwise provided by
law, the regular election of the
senators and the members of
the House of Representatives
shall be held on the second
Monday of May.

Section 9.
In case of vacancy in the Senate or
in House of Representatives, a
special election may be called to
fill such vacancy in the manner
prescribed by law, but the senator
or member o House
Representatives thus elected shall
serve only for the unexpired term.

Section 10
The salaries of the Senators and
Members of Representatives shall
be determined by the law. No
increased in said compensation
shall take effect until after the
expiration of the full term of all
the Members of Senate and the
House of representatives
approving such increase.

Section 11.
A senator or House of
representatives shall, in all
offences punishable by not more
than six years imprisonment, be
privileged from arrest 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 congress
or in any committee thereof.

Section 12.
All member of senate and House
Representatives 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 or interest that may arise
from he filing of a proposal
legislation of w/c they are author.

Section 13.
No senator or member of the House
Representatives may hold any other
office or employment in the government,
or any subdivisions, agency or
instrumentality thereof, including
government-owned or controlled
corporations or their subsidiaries, during
his term without forfeiting his seat.
Neither shall be appointed to any office
which may have been created or the
emoluments thereof increased during the
term for w/c he was elected.

Section 14
No senator or member of Hose
representatives may personally
appear as counsel before any
court of justice or before the
Electoral, Tribunals or quasijudicial and other administrative
bodies.

Section 15
The congress shall convene once every
year on the fourth Monday of July for
its regular session, unless a different
date is fixed by law, and shall
continue to be in session for such
number of days as it may determine
until thirty days before the opening of
its next regular session, exclusive of
Saturdays, Sundays, and legal
holidays. The President may call a
special session at any time.

Section 16
(1.) The Senate shall elect its president
and the House of Representatives its
Speaker, by a majority vote of all its
respective Members.
(2.) a majority of its 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.

3. Each House may determine the

rules of its proceedings, punish
its Members for disorderly
behavior, and with the
concurrence of two-thirds of all
its members, suspend or expel a
member. A penalty of
suspension, when imposed, shall
not exceed sixty days.

(4.) Each house shall keep a

journal of its proceedings, and
from time to time publish the
same, excepting such part as
may, in its judgment, affect
national security; and the yeas
and nays on any question shall,
at the request of one-fifth of the
Members present, be entered in
the journal.

(5.) Neither House during the

sessions of the congress shall
without the consent of the
other, adjourn for more than
three days, nor to any other
place than that in which the two
Houses shall be sitting.

Section 17.
The Senate and the House of
Representatives shall each have
an Electoral Tribunal which shall
be the sole judge of all contest
relating to the election, returns,
and qualifications of their
respective members.

Section 18.
There shall be a commission on
Appointments consisting of the
president of the Senate, as ex
officio Chairman, twelve Senators
and twelve Members of House
Representative from the political
parties and parties or organizations
registered under the party-list
system represented therein.

Section 19.
The Electoral Tribunals and
the Commission and
Appointments shall be
constituted within thirty days
after the Senate and House of
representatives shall have been
organized with the election of
the president and the speaker.

Section 20.
The records and books of the
accounts of the congress shall be
preserved and be open to the
public in accordance with law, and
such book shall be audited by the
Commission on Audit which shall
publish annually an itemized list
of amount paid to an expenses
incurred by each member.

Section 21.
The senate or 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.

Section 22.
The head of departments may
upon their own initiative, with the
consent of the president, or upon
the request of either House, as the
rules of each House shall provide,
appear before and be heard by
such House on any matter
pertaining to their departments .
Written questions shall be
submitted to the president of the
senate or the speaker of the House
of Representatives at least three
days before their scheduled

Section 23.
(1) The congress by a vote of
2/3 of both house in joint session
assembled, voting separately,
shall have the sole power to
declare the existence of the state
of war.

(2) In time 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 power
necessary and proper to carry out a
declared national policy. Unless
sooner withdrawn by resolution of
the congress, such powers shall seas
upon the next adjournment thereof

Section 24.
All appropriation, revenue or
tariff bills, bills authorizing
increase the public debt, bill of
the local application, and private
bills shall originate exclusively in
House representatives, but the
Senate may propose or concur
with amendments.

Kinds of Appropriation
1.Annual or general appropriationThe set aside the general
expenses for the general operation
of the government of the given
year it is also known as budget.
2.Special or supplemental
appropriation- all other operations
not contained in the budget are
called special or supplemental
appropriations.

Special appropriations- They set

aside a definite sum of money for
the payment of a particular expense
(e.g. for the relief of victims of
natural calamites)
4. Continuing Appropriations- They
provide a name amount of money
which,
when it is not exhausted at the end
of the fiscal year, is autonomically
appropriated for the next year.
3.

Kinds of Bills
a.) Tariff bills-is one which imposes
custom duties for revenue purposes.
b.) Bill authorizing increase of the
public debt- bill that enable the
government to issue bonds and
other forms of indebtedness which
will be paid from public funds later
on.

c.) Bill of local application- a bill that

affects purely local or municipal
concern like a bill creating a
municipality or a city.
d.) Private bill- A bill that affects purely
private interest, such a bill granting a
franchise to a private person or entity,
or one granting citizenship to a
person, etc.

Section 25.
(1)The

congress may not increase

the appropriation recommended
by the President for the operation
of the government as specified in
the budget. The form, content,
and manner of preparation of the
budget shall be prescribed by
law.

No provision or enactment
shall be embraced in the general
appropriation bill unless it
relates specifically to some
particularly appropriation
therein. Any such provision or
enactment shall be limited in its
operation to the appropriation to
which relates.
(2)

(3) The procedure in

approving appropriations for the
congress shall be strictly follow
the procedure for approving
appropriation for other
department and agencies.

A special appropriations
bill shall specify the purpose for
which it intended, and shall be
supported by funds actually
available as certified by the
national treasurer, or to be
raised by a corresponding
revenue proposal therein.
(4.)

(5) No law shall be passed authorizing

any transfer of appropriations; however
the president, the president of the
Senate, the speaker of the House
representatives, the Chief Justice of the
Supreme court and the heads of
Constitutional Commission may by law,
be authorized to augment any item in
the general appropriations law for the
respective offices from saving in other
items of their respective appropriations.

Section 21.

Section 21.