NOTES BY PORFERIO JR.

AND MELFA SALIDAGA

CONSTITUTIONAL LAW I

I. INTRODUCTION

Social contract Theory – implies that the people give up some rights to a
government or other authority in order to receive or maintain social order.

Political Law – is that branch of public law which deals with the organization and
operation of the governmental organs of the State and defines the relations of the
state with the inhabitants of its territory.

State – a politically organized sovereign community independent of outside

control bound by ties of nationhood, legally supreme within its territory, acting
through a government functioning under a regime of law.

State is a political and geopolitical entity; while, nation is a cultural and/ or ethnic
entity.

Elements of the State

1. People
2. Territory
3. Sovereignty
4. Government

People – refers to the inhabitants of the State

Territory – is the fixed portion of the surface of the earth inhabited by the people
of the earth

The national territory of the Philippines comprises

(a) the Philippine archipelago

(b) all other territories over which the Philippines has sovereignty or
jurisdiction

Sovereignty - is the power of the State to direct or regulate matters within its
own territory.
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

Sovereignty is permanent, exlusive, comprehensive, absolute, indivisible,

inalienable, and imprescriptible

Republican State - It is one wherein all government authority emanates form the
people and is exercised by representatives chosen by the people.

Democratic State – This merely emphasizes that the Philippines has some
aspect of direct democracy such as initiative and referendum.

Direct democracy – the process of enacting laws through direct votes.

Prerogatives of the State

a. imperium
b. dominium
c. parens patriae

Imperium - the State’s authority to govern embraced in the concept of

sovereignty: includes passing laws governing a territory, maintaining peace and
order over it, and defending it against foreign invasion.

Social Justice – is the promotion of the welfare of all the people, the adoption
by the Government of measures calculated to insure economic stability of all the
component elements of society, through the maintenance of a proper economic
and social equilibrium in the interrelations of the members of the community, the
exercise of powers underlying the existence of all governments on the time-
honored principle of salus populi est suprema lex.”

Police Power – is the power of government to enact laws, within Constitutional

limits, to promote the order, safety, health, morals, and general welfare of
society.

Requisites of classifications admitted by the Constitution

(1) such classifications rest on substantial distinctions;

(2) they are germane to the purposes of the law;

(3) they are not confined to existing conditions; and

(4) they apply equally to all members of the same class

NOTES BY PORFERIO JR. AND MELFA SALIDAGA

Article XVI, Section 3

 The State may not be sued without its consent.

 Reason

◦ The State is supposed to be infallible

◦ There can be no legal right against the authority which makes the law
on which the right depends.

◦ Practical reason is that demands and inconvenience of the litigation

will divert the time and resources of the State.

When considered a suit against the State

(a) The Republic is sued by name

(b) Suits against an un – incorporated government agency
(c) Suits is against a government official, but is such that ultimate liability shall
devolve on the government:

o When a public officer acts in bad faith, or beyond the scope of his
authority, he can be held personally liable for damages.

o BUT: If he acted pursuant to his official duties, without malice,

negligence, or bad faith, he is not personally liable, and the suit is
really one against the State.

Forms of Consent

(a) Express consent

(b) Implied consent

Express consent of suit

 When a law creates a government body expressly providing that such

body “may sue or be sued.”

 When the State acts through a special agent.

 Under C.A. 327 as amended by PD 1445, a claim against the government

must first be filed with the Commission on Audit. Rejection of the claim
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

will authorize the claimant to elevate the matter to the Supreme Court on
certiorari and in effect sue the State with its consent.

By consenting to be sued, the State simply waives its immunity from suit. It
does not thereby concede its liability to the plaintiff,

implied consent

 When the State enters into a private contract. UNLESS: the contract
is merely incidental to the performance of a governmental function.

 When the State enters into a business contract. UNLESS: The

operation is incidental to the performance of a governmental function .

o Jure Gestionis – by right of economic or business relations, may

be sued It is well settled that when a government enters into
commercial business it abandons its sovereign capacity and is to
be treated just like any other corporation

o Jure Imperii – by right of sovereign power, in the exercise of

sovereign functions. No implied consent.

 When it is a suit against an incorporated government agency

 When the State files suit against a private party, it opens itself to
counter action. (UNLESS: the suit is entered into only to resist a claim.

 When the State violates its own laws and inflicts injustice .

Consent to execution

Consent to be sued does not include consent to the execution of judgment

against it.

General Rule: Government funds deposited with PNB or authorized depositories

cannot be subject to garnishment.

Exceptions:

(a) Where law or ordinance has already been enacted appropriating a specific
amount to pay a valid governmental obligation
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

(b) funds belonging to government corporations which can sue and be sued
that are deposited with a bank

General Rule: Government cannot be made to pay interests;

Exceptions:

(a) eminent domain;

(b) erroneous collection of taxes; or
(c) where government aggress to pay interest pursuant to law.

Suits against foreign states / international organizations

 The basis is the principle of sovereign equality of States, under which one
State cannot assert jurisdiction over another in violation of the maxim par
in parem non habet imperium.

Modes of acquisition of citizenship

1. By birth

a. Jus Soli – acquisition of citizenship on the basis of place of birth;

b. Jus Sanguinis – acquisition of citizenship on the basis of blood
relationship.

2. By naturalization – is the legal act of adopting an alien and clothing him with
the privilege of a native-born citizen.

3. By marriage

General Rule: The Filipino retains Philippine citizenship.

Exception: If, by their act or omission they are deemed under the law to
have renounced it.

Natural-born citizens are those:

1. who are citizens of the Philippines from birth without having to perform any
act to acquire or perfect their Philippine citizenship

2. Those who elect Philippine citizenship in accordance with paragraph (3),

Section 1 hereof shall be deemed natural-born citizens.

How may one lose citizenship (C.A. No. 63)

NOTES BY PORFERIO JR. AND MELFA SALIDAGA

a) By naturalization in a foreign country

b) By express renunciation of citizenship

c) By subscribing to an oath of allegiance to the laws or constitution of a

foreign country

d) By serving in the armed forces of an enemy country

e) By cancellation of certificates of naturalization

f) By being a deserter of the armed forces of one’s country.

How may one reacquire citizenship

a. By direct act of Congress

b. By naturalization
c. By repatriation

Derivative Citizenship – The unmarried child, whether legitimate, illegitimate or

adopted, below eighteen (18) years of age, of those who re-acquire Philippine
citizenship upon effectivity of RA 8171shall be deemed citizens of the
Philippines.

Citizenship – is a membership in a political community which is personal and

more or less permanent in character. It is the status of being a citizen, or of
owing allegiance to a certain State for the privilege of being under its protection.

Citizenship distinguished from nationality

Citizenship is political in character, nationality refers to a racial or ethnic

relationship.

Residence – is to be understood not in its common acceptation as referring to

“dwelling” or “habitation,” but rather to domicile.

Domicile or legal residence, that is – is the place where a party actually or

constructively has his permanent home, where he, no matter where he may be
found at any given time, eventually intends to return and remain (animus
manendi).”
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

Distinction between dual citizenship from dual allegiance

Dual Citizenship (RA 9925, RA Dual Allegiance

7160 Sec. 40)

 Arises when as a result of the  Refer to the situation in which

concurrent application of the a person simultaneously owes
laws of two or more states, a by some positive act, loyalty to
person is simultaneously two or more states.
considered a citizen of those
states.

 Involuntary  Is voluntary and illegal.

Suffrage – right to vote in elections.

Suffrage may be exercised by: (Qualifications)

a. Citizen of the Philippines

b. Not disqualified by law

c. At least 18 years old

d. Resident of the Philippines for at least 1 year

e. Resident of the place wherein he/she proposes to vote for at least 6
months immediately preceding the election.

To whom does absentee voting apply

a. Persons who have the qualifications of a voter but who happen to be

temporarily abroad

b. Qualified voters who are in the Philippines but are temporarily absent from
their voting places.

Government – is the agency of instrumentality through which the will of the State
is formulated, expressed and realized.
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

Administration – is distinguished from government, as the aggregate the

aggregate of persons in whose hands the reigns of government are for the time
being (the Chief ministries or heads of departments. But the terms are often
interchanged.

Classification of Government

1. de jure or de facto
2. unitary or federal
3. monarchy, oligarchy, theocracy, democracy
4. presidential or parliamentary
5. others

De Jure – The government that is established in accordance with the organic law
or the Constitution. It has a rightful title but no power or control, either because
the same has been withdrawn from it or because it has not yet actually entered
into the exercise thereof.

De Facto – The government that is established not in accordance with the

organic law or the Constitution. It actually exercises power or control but without
legal title

Classification of De Facto Government

1. De facto proper
2. Government of paramount force
3. Independent government

Principles of democratic and Republican Government

1. Nemo est supra leges – “No one is above the Law”

2. Universal Suffrage (supra)

3. Bill of rights – is a set prescriptions setting forth the fundamental civil and
political rights of the individual, and imposing limitations on the powers of the
government as a leans of securing the enjoyment of those rights.

Classification of Rights
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

(a) Political rights – granted by law to members of community in relation to

their direct or indirect participation in the establishment or administration of
the government;

(b) Civil rights – rights which municipal law will enforce at the instance of
private individuals for the purpose of securing them the enjoyment of their
means of happiness;

(c) Social and economic rights; and

(d) Human rights

4. Accountability of Public Officials

5. Legislature cannot pass irrepealable laws

6. Separation of Powers – to prevent the concentration of authority in one

person or group of persons that might lead to irreparable error or abuse in the
exercise to the detriment of republican institution.

Principle of Blending of Powers – instance when powers are not confined

exclusively within one department but are assigned to or shared by shared by
several departments.

Principle of Checks and Balances – is a means of which one department is

allowed to resist encroachments upon its prerogatives or to rectify mistakes or
excesses committed by the other departments.

7. Non-delegation of powers

General Rule: Potestas delegate non potest delegare (what has been
delegated cannot be delegated)

Permissible Delegation

(a) Tariff powers of the President

(b) Emergency powers to the President
(c) Delegation to the people
(d) Delegation to Local Government Units
(e) Delegation to the administrative bodies

Conditions for the vesture of emergency powers

NOTES BY PORFERIO JR. AND MELFA SALIDAGA

(1) There must be war or other national emergency

(2) The delegation must be for a limited period only

(3) The delegation must be subject to such restrictions as the Congress may
prescribed

(4) The emergency powers must be exercised to carry out a national policy
declared by the Congress

Power of Subordinate Legislation – the power of administrative officials to

promulgate rules and regulations in the implementation of a statute is necessarily
limited only to carrying into effect what is provided in the legislative enactment.

Doctrine of Qualified Political Agency or Alter Ego Principle – acts of the

Secretaries of Executive departments when performed and promulgated in the
regular course of business or unless disapproved or reprobated by the Chief
Executive are presumptively the acts of the Chief Executive.

Tests for valid delegation

(1) Completeness test

(2) Sufficient standard test

Completeness Test – law must be complete in all its essential terms and
conditions so that there is nothing for the delegate to do except to enforce it.

Sufficient Standard Test – maps out the boundaries of the delegate’s authority
by defining the legislative policy and indicating the circumstances under which it
is to be pursued.

II. CONSTITUTIONS AND CONSTITUTIONAL LAW

Constitutional Law - designates the law embodied in the Constitution and

the legal principles growing out of the interpretation and application of its
provisions by the courts in specific cases.

Classifications of Constitutional Law

NOTES BY PORFERIO JR. AND MELFA SALIDAGA

(a) written and unwritten

(b) rigid and flexible
(c) democratic and monarchical

Qualities of a good written Constitution

(a) brevity
(b) clarity
(c) comprehensive

Essential parts of the Constitution

(1) bills of rights

(2) organization and functions of government
(3) provision for amendment

Constitutional Relativity – the constitutionality of a statute cannot, in every

instance, be determined by a mere comparison of its provisions with applicable
provisions of the Constitution, since the statute may be constitutionally valid as
applied to one set of facts and invalid in its application to another.

The totality of governmental power is contained in three great powers:

(1) police power

(2) power of eminent domain, and
(3) power of taxation

Functions of Government

(a) constituent – compulsory because constitutive of the society;

(b) ministrant – undertaken to advance the general interest of the society.

Functions of the Preamble

(a) identifies the authority who makes it and the expression of its will

(b) enunciates the great principles and ultimate objectives

(c) identifies on whom it is binding

Ratification – proposed amendment(s) shall be submitted to the people and

shall be deemed ratified by the majority of the votes cast in a plebiscite,
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

held not earlier than 60 days nor later than 90 days after approval of the
proposal by Congress or Concon, or after certification by the COMELEC of
sufficiency of petition of the people.

Political question – those questions which, under the Constitution are to be

decided by the people in their sovereign capacity; or in regard to which full
discretionary authority has been delegated to the legislature or executive
branches of government

Justiciable Question – a definite and concrete dispute touching on the legal

interest which may be resolved by a court of law through the application of a law

Constitution - is a system of fundamental law for the governance and

administration of a nation. It is supreme, imperious, absolute, and
unalterable except by the authority from which it emanates.

General rule: All provisions of the constitution are self-executing;

Exceptions: Some constitutions are merely declarations of policies. Their

provisions command the legislature to enact laws and carry out the purposes of
the framers who merely establish an outline of government providing for the
different departments of the governmental machinery and securing certain
fundamental and inalienable rights of citizens.

Amendment – an alteration of one or a few specific provisions of the

Constitution. Its main purpose is to improve specific provisional of the
Constitutions. The changes brought about by amendment will not affect the
other provisions of the Constitutions.

Revision - Reexamination of the entire Constitution or an important cluster of

provisions in the Constitution.

Procedure

1. Proposal for amendment

(1) By Congress

(2) By a Constitutional Convention

(3) By the People thru Initiative

NOTES BY PORFERIO JR. AND MELFA SALIDAGA

Proposal by Congress Con-Con Proposal by People

For both amendments For both amendments and For amendments only
and revisions. revisions.

2. Ratification

(a) after approval of the proposal by Congress or Concon, or

(b) after certification by the COMELEC of sufficiency of petition of the people.

Doctrine of Proper Submission – submission of the proposed amendments for

ratification must contain the whole Constitution to be amended and not be made
in piece-meal. This to provide the people proper frame of reference in arriving at
their decision, sufficient information on the amendments to be voted upon, and
to conscientiously deliberate thereon, to express their will in a genuine manner.
All the amendments must be submitted for ratification at one plebiscite only. To
submit the proposed in piece-meal, the people would have no idea yet of what
the rest of the amended constitution would be.

3. Judicial Review of Amendments – whether the constitutional provision has

been followed or not is indisputably a proper subject of inquiry, not by the people
themselves — of course — who exercise no power of judicial review, but by the
Supreme Court in whom the people themselves vested that power, a power
which includes the competence to determine whether the constitutional norms for
amendments have been observed or not. And, this inquiry must be done a priori
not a posteriori, i.e., before the submission to and ratification by the people.

III. POWER OF JUDICIAL REVIEW

Judicial Power of the Courts (Art. VIII, Sec. 1 of the 1987 Constitution)

(a) to settle actual controversies involving rights which are legally

demandable and enforceable, and

(b) to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

Judicial Review – the power of the courts to test the validity of executive and
legislative acts in light of their conformity with the Constitution.

Doctrine of Judicial Supremacy – the Judiciary is nonetheless vested with the

power to annul the acts of either the Legislative or the Executive department or
both when not conformable to the fundamental law.

Doctrine of Constitutional Supremacy – if a law or contract violates any norm

of the constitution, that law or contract whether promulgated by the legislative, or
by the executive branch or entered into by private persons for private purpose is
null and void and without any force or effect.

Political Questions

(1) Those questions which, under the Constitution are to be decided by the
people in their sovereign capacity, or

(2) In regard to which full discretionary authority has been delegated to the
legislature or executive branches of government (Tanada v. Cuenco, 100
Phil 1101).

Justiciable Question – a definite and concrete dispute touching on the legal

interest which may be resolved by a court of law through the application of a law.

Presumption of Constitutionality – laws are presumed constitutional. To

nullify nullification of law, there must be a clear and unequivocal breach of the
Constitution. The theory is that, as the joint act of the legislative and executive
authorities, a law is supposed to have been carefully studied and determined to
be constitutional before it was finally enacted.

Requisites of Judicial Review

1. There must be an actual case or controversy

2. Constitutionality must be raised by the proper party
3. Question must be raised at the earliest possible time
4. Constitutional Question Must Be the Very “Lis Mota” of the Case

Actual case or controversy – a conflict of legal rights, an assertion of opposite

legal claims susceptible of judicial determination.
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

Ripeness – it arises when an actual case has ripened or matured into a

controversy worthy of adjudication, and is not speculative in nature. Predictions
of future behavior are beyond the court's functions.

Mootness – it arises when the case is one that ceases to present a justiciable
controversy by virtue of supervening events, so that a declaration thereon would
be of no practical use or value.

General Rule: A proper party – is one who has sustained or in imminent

danger of sustaining an injury as a result of the act complained of.

Exceptions:

(a) Taxpayer's suit – to question contracts entered into by the government

which involves taxes, and those questions of transcendental importance.

e.g. illegal disbursement of public funds which involves taxes; tax law;
controversy that would affect not only the present but the future generation
well.

(b) Representative Standing – an association may have a locus standi (legal

standing) to represent its members. It must be alleged however that its
members suffer personal and direct injury.

(c) Jus Tertii – a thrd party may have a legal standing when the injury of the
principal party has adversely affected such third party.

Prudential Consideration – courts should not decide on abstract questions,

otherwise it would be an academic discussion without any practical relevance.

Taxpayer’s Suits

Two (2) requisites of Taxpayer’s suits

(1) Public funds are disbursed by a political subdivision or instrumentality;

and,

(2) A law is violated or some irregularity is committed and that the petitioner is
directly affected by the alleged ultra vires act.

Question must be raised at the earliest possible opportunity.

NOTES BY PORFERIO JR. AND MELFA SALIDAGA

General Rule: The question of constitutionality must be raised in the pleadings,

ordinarily it may not be raised at the trial, and if not raised in the trial court, it will
not be considered on appeal.

Constitutional question must the very "lis mota" of the case – the court will
not touch the issue of unconstitutionality unless it really is unavoidable or is the
lis mota of the case. Determination of constitutionality of the statute must be
necessary to a final determination of the case.

Doctrine of Purposeful Hesitation – every court is charged with the duty of a

purposeful hesitation before declaring a law unconstitutional, on the theory that
the measure was first carefully studied by the executive and the legislative
departments and determined by them to be in accordance with the fundamental
law before it was finally approved. To doubt is to sustain. The presumption of
constitutionality can be overcome only by the clearest showing that there was
indeed an infraction of the Constitution, and only when such a conclusion is
reached by the required majority may the Court pronounce, in the discharge of
the duty it cannot escape, that the challenged act must be struck down.

Doctrine of Operative Fact – realizes that in declaring a law or rule null and
void, undue harshness and resulting unfairness must be avoided.

Relative Constitutionality – the constitutionality of a statute cannot, in every

instance, be determined by a mere comparison of its provisions with applicable
provisions of the Constitution, since the statute may be constitutionally valid as
applied to one set of facts and invalid in its application to another.

IV. JUDICIAL DEPARTMENT

Expanded jurisdiction – no law shall be passed increasing the appellate

jurisdiction of the Supreme Court as provided in this Constitution without its
advice and concurrence.

Section 12. The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency performing quasi-
judicial or administrative functions.

Reason for prohibition under Sec. 12: Because if it does, the aggrieved party
can no longer have a remedy because the Supreme Court cannot review its own
decision and even reverse it.
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

Equipoise Doctrine – when the evidence presented by both the prosecution and
the defense are of equal weight, the decision will be rendered in favor of the
defense.

Requisites Before Decisions of the Court Are Made

(a) Reached in consultation before being assigned to a member for the writing
of the opinion.

(b) A Certification to this effect must be signed

(c) Members of the SC who took no part, or who dissented or abstained must
state the reasons therefore.

Power to control execution of decision

 By the finality of the judgment, what the court loses is its jurisdiction to
amend, modify or alter the same. Even after the judgment has become
final the court retains its jurisdiction to execute and enforce it.

V. LEGISLATIVE DEPARTMENT

Legislative Privileges

1. Freedom from arrest

2. Parliamentary immunity

Quorum

 Majority of each House shall constitute a quorum.

 A smaller number may adjourn from day to day and may compel the
attendance of absent members.

 In computing a quorum, members who are outside the country and thus
outside of each House’s coercive jurisdiction are not included.

Journals – records of legislative proceedings.

NOTES BY PORFERIO JR. AND MELFA SALIDAGA

Enrolled Bill - is the official copy of approved legislation and bears the
certifications of the presiding officers of each House.

 Thus where the certifications are valid and are not withdrawn, the contents
of the enrolled bill are conclusive upon the courts as regards the provision
of that particular bill.

 Conclusive upon the courts as regards the tenor of the measure passed
by Congress and approved by the President.

Powers of Electoral Tribunals

(a) Sole judge of all contest relating to the election, returns and qualification of
their respective members (Sec. 17, Art.VI);

(b) Rule-making power

Powers of Commission on Appointments

 Acts on all appointments submitted to it within 30 session days of

Congress from their submission; and

 Promulgates its own rules of proceedings.

Group of officers appointed with the consent of the Commission on Appointments

are: the heads of the executive departments, ambassadors, other public
ministers and consuls, 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.

Powers of Congress

A. General legislative power

B. Inherent Legislative Power

(a) Police Power

(b) Taxation
(c) Eminent Domain

Legislative Limitations
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

A. Substantive Limitations

1. Limitations on specific powers:

◦ Increasing the appellate jurisdiction of the Supreme Court without its
concurrence;

◦ Law granting title of royalty or nobility;

2. Bill of rights

3. Implied Limitations
◦ no irrepealable law;
◦ non-encroachment;
◦ non-delegation

Procedural Limitations

1. One Bill, one subject – the objectives of Section 26(1), Article VI of the
1987 Constitution, that "[e]very bill passed by the Congress shall embrace only
one subject which shall be expressed in the title thereof", are:

◦ to prevent hodge-podge or log-rolling legislation;

◦ to prevent surprise or fraud upon the legislature by means of

provisions in bills of which the titles gave no information, and which
might therefore be overlooked and carelessly and unintentionally
adopted; and

◦ to fairly apprise the people, through such publication of legislative

proceedings as is usually made, of the subjects of legislation that are
being considered, in order that they may have opportunity of being
heard thereon by petition or otherwise if they shall so desire.

2. Sufficiency of Title - the title fairly indicates the general subject, and
reasonably covers all the provisions of the act, and is not calculated to mislead
the legislature or the people.

3. Bills that must originate exclusively from the House - The initiative for
filing of appropriation, revenue, and tariff (ART) bills must come from the House,
but it does not prohibit the filing in the Senate a substitute bill in anticipation of its
receipt of the bill from House, so long as the action by the Senate is withheld
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

pending the receipt of the House bill (Tolentino v. Sec. of Finance, 235 SCRA
630).

4. Three readings on separate days - no bill passed by either House shall

become a law unless it has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency.

5. Bicameral Conference Committee - In the event that the Senate does not
agree with the House of Representatives on the provision of any bill or joint
resolution, the differences shall be settled by a conference committee of both
Houses which shall meet within ten days after their composition. Each
Conference Committee Report shall contain a detailed and sufficiently explicit
statement of the changes in or amendments to the subject measure, and shall be
signed by the conferees.

Legislative Process

1. Approval of Bills
2. Presidential Veto

 General Rule: If the President disapproved a bill enacted by Congress,

he should veto the entire bill. He is not allowed to veto separate item of a
bill.

 Exception : Item-veto in case of appropriation, revenue and tariff bill

(Sec. 27(2), Art. VI).

◦ Exception to The Exception:

▪ Doctrine of inappropriate Provision – a provision that is

constitutionally inappropriate for an appropriation bill may be
singled out for veto even if it is not an appropriation or revenue
“item” (Gonzales v. Macaraig, Jr., 191 SCRA 452)

▪ Executive Impoundment - refusal of the President to spend funds

already allocated by Congress for specific purpose. It is the failure
to spend or obligate budget authority of any type (Philconsa v.
Enriquez, GR. No. 1131105, Aug. 19, 1994).
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

 Pocket Veto – the President fails to act on a bill, and; the reason he does
not return the bill to the Congress is that Congress is not in session.

 Item Veto - is the power of an executive to nullify or cancel specific

provisions of a bill, usually budget appropriations, without vetoing the
entire legislative package.

3. Legislative Veto - exists in governments that separate executive and

legislative functions, action by the executive can be rejected by the legislature.

VI. EXECUTIVE DEPARTMENT

Presidential Powers

1. Executive Power - The executive power shall be vested in the President

of the Philippines. The President shall have control of all executive departments,
bureaus and offices. He shall ensure that laws are faithfully executed (Sec. 17,
Art. VII).

2. Legislative Powers - The executive power the power of carrying the laws
into practical operation and enforcing their due observance. Thus, he is granted
administrative power over bureaus and offices under his control to enable him to
discharge his duties effectively. Administrative power is concerned with the work
of applying policies and enforcing orders as determined by proper governmental
organs. An administrative order is an ordinance issued by the President which
relates to specific aspects in the administrative operation of government. It must
be in harmony with the law and should be for the sole purpose of implementing
the law and carrying out the legislative policy.

3. Residual Powers - Whatever is not judicial, whatever is not legislative is

residual power exercised by the President (Marcos v. Manglapus, 178 SCRA
760).

(a) Power to determine national policy;

(b) Prosecution of crimes;
(c) Supervision over local governments;
(d) Creation of preparatory committee on Constitutional reforms.

4. Power of Appointment and Removal

NOTES BY PORFERIO JR. AND MELFA SALIDAGA

5. Power of Control

 Alter-ego principle or Doctrine of Qualified Political Agency – the

different executive departments are mere adjuncts of the President. The
secretaries are the alter ego of the President, men whom he designated to
assist him in his otherrwise physically impossible multifarious functiont.
Their acts are presumptively acts of the "President, until countermanded
or reprobated by him". The President can substitute his will over those of
the secretaries, and they cannot complain. Furthermore, they hold their
office subject to the discretion of the President, who can replace them
anytime once he loses his confidence in them.

 The Executive Secretary

6. Military Powers

(a) Commander-in-Chief clause

(b) Calling out the armed forces
(c) Declaration of State of Rebellion
(d) Declaration of Martial Law
(e) Suspension of the privilege of the writ of habeas corpus

7. Pardoning Power

 Pardon vs Amnesty - Pardon is granted by the Chief Executive and as

such it is a private act which must be pleaded and proved by the person
pardoned, because the courts take no notice thereof; while amnesty by
Proclamation of the Chief Executive with the concurrence of Congress,
and it is a public act of which the courts should take judicial notice. Pardon
is granted to one after conviction; while amnesty is granted to classes of
persons or communities who may be guilty of political offenses, generally
before or after the institution of the criminal prosecution and sometimes
after conviction. Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been convicted, while
amnesty looks backward and abolishes and puts into oblivion the offense
itself, it so overlooks and obliterates the offense with which he is charged
that the person released by amnesty stands before the law precisely as
though he had committed no offense.

8. Diplomatic Power

 Deportation of undesirable aliens

 Treaties and executive agreements
NOTES BY PORFERIO JR. AND MELFA SALIDAGA

 Contracting and guaranteeing foreign loans

 Appointment of diplomatic and consular officers

9. Power to Impound – impoundment refers to a refusal by the President, for

whatever reason, to spend funds made available by Congress. It is the failure to
spend or obligate budget authority of any type.