Article

VI:
Department

Legislative

Section 26:

(1)Every bill passed by the Congress shall

embrace only one subject which shall be
expressed in the title thereof.
(2) No bill passed by either House shall become
a law unless it has passed 3 readings on
separate days, and printed copies thereof in
its final form have been distributed to its
member 3 days before its passage, except
when the President certifies to the necessity
of its immediate enactment to meet a public
calamity or emergency. Upon the last reading
of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and
nays entered in the Journal.
One bill = one subject (mandatory). To prevent:
Hodge Podge or log-rolling legislation
Surprise or fraud upon the legislature by means of
provisions in the bills of which the titles gave no
information
To fairly appraise the people of the subjects of
legislation that are being considered
1st reading The bill is submitted by a
member/members of the congress to the secretary of
the house. The number and title of the bill is then
read. The bill is endorsed to the appropriate
committee for study and recommendation. Public
hearings may occur.
2nd reading subject to debates, objections, etc
1st hearing
a. sponsor will deliver his sponsorship speech
and state the reasons why the bill has to be
passed
b. Details the proceedings is usually within 3
years. It has to pass in 3 years (term of
congress), once bill is not yet passed within
the term, bill is closed. Closing of debate is
finished by yeas and nays (yes or no)
Nominal Voting every member will vote and
explain his vote
c. Period of Committee Amendments it is
the turn of the committee to introduce its
amendments
d. Period of Individual Amendments each
member will stand up and explain his
amendment (normally the chairman). It is
incumbent that the committee chair to admit
or reject the amendment. Can amend the
lines, sections, etc.
*General Appropriations Act 1994 Atty Lara
requested multi grade teacher to receive extra 20%
of their salary for every additional grade handled.
e. Majority Speaker Mr. Speaker, may I now
close the amendments. Yeas and nays (yes or
no) are counted and recorded.
3rd reading printed copies in its final form shall be
distributed to its members 3 days before its passage.
Amendment is no longer allowed.

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If bill originated in the House of Rep, the secretary

general will prepare transmittal to Senate. It will also
undergo the 1st and 2nd readings. Once bill is
approved in its 3rd reading in senate, a final
committee is created to discuss conflicting provisions
(prov of house and senate).
A bicameral committee (3rd congress) will amend
the bill and submit to house and senate for approval.
Once approved, the bill will then be endorsed to the
Speaker of the House and Senate President for
authentication (signature) and certified by the
secretaries of both houses before transmitted to the
president for his appropriate action (Enrolled Bill).
____________________________________________
Section 27:

(1) Every bill passed by the Congress, before it

becomes a law, be presented to the President.
If he approves the same, he shall sign it;
otherwise he shall veto it and return the same
with his objections to the House where it
originated, which shall enter the objections at
large in its Journal and proceed to reconsider
it. If after such reconsideration, 2/3 of all
members of such House shall agree to
pass the bill, it shall be sent to the other
House by which it shall likewise be
reconsidered, and if approved by 2/3 of
all members of that House, it shall
become a law. The president shall
communicate his veto of any bill to the
House where it originated within 30 days
after the date of receipt, otherwise it
shall become a law as if he had signed it.
(2) The President shall have the power to veto
any particular item or items in an
appropriation, revenue or tariff, but veto shall
not affect the item or items to which he does
not object.
Par 1 If the president disapproves the bill, he vetoes
the bill and returns the said bill together with his
objections to the house where it originated within 30
days from receipts, otherwise it becomes if he fails to
do so, it will become a law.
- 2/3 votes of all members of either house shall
overwrite the presidents veto. Once overwritten, the
bill becomes a law. Notes: Once the president vetoes
a certain bill, the entire bill is vetoed. (ordinary bill)
Par 2 In appropriation, revenue or tariff bill the
president may veto a portion of the bill (a particular
item) but does not affect the entire bill.
Appropriations law a law authorizing the govt to
spend money.
Schedule of source of revenue and detailed expenses
is part of the appropriation bill and submitted to the
president. Hearings are conducted in different
departments. Committees are divided into subcommittees, and they hear how the diff depts. justify
their source of revenue. Committee will collate all
reactions and include it as part of the appropriations
bill

Executive Impoundment refusal of the president to

spend funds already allocated by Congress for a
specific purpose
- It is unlawful
____________________________________________
Section 28:
(1) The rule of taxation shall be uniform and
equitable. The Congress shall evolve a
progressive system of taxation.
(2) The Congress, may by law, authorize the
president to fix within specified limits, the
subject to such limitations and restrictions as
it may impose, tariff rates, imports and export
quotas, tonnage and wharfage dues and other
duties or imposts within the framework of the
national devt program of the govt.
(3) Charitable
constitutions,
churches
and
parsonages or convents appurtenant thereto,
mosques, non profit cemeteries and all lands,
buildings and improvements, directly and
exclusively used for religious, charitable or
educational purposes shall be exempt from
taxation.
(4) No law granting any tax exemption shall be
passed without the concurrence of a majority
of all the members of the congress.
Par 1 Power of taxation is inherent in the govt
Question: If power of taxation is inherent, why do u
find provision re power taxation in the consti?
Answer: These are not grants of power. It is a
limitation of power of taxation.
Police power bill of rights (limitation)
Power of taxation it is Uniform and equitable
Progressive system of taxation the higher the
income, the higher the tax
Par 2 empowerment of president to legislate within
limits
Authority given to president fix rates of tariff,
import and export quotas, tonnage, wharfage dues
and other duties (power to legislate when so
authorized)
Par 3 those used for religious purposes are exempt
from taxation. It must be actually, directly and
exclusively used for charitable and religious purposes
but churches pay real estate taxes
Par 4 Limitations on power of taxation:
1. Must be equitable and uniform
2. Delegated tax legislation under Sec 28, par 2,
(power of president to fix rates) exception to
the non delegability of power, consti
authorizes the authority of executive power,
but the legislation gives the authority
____________________________________________
Section 29
(1) No money shall be paid out of the treasury except
in pursuance of an appropriation made by law.

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(2) No public money or property shall be

appropriated, applied, paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or
system of religion, or of any priest, preacher,
minister or other religious teacher or dignitary as
such, except when such priest, preacher, minister or
dignitary is assigned to the armed forces, or to any
penal institution, or government orphanage or
leprosarium.
(3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid
out for such purpose only. If the purpose for which a
special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred
to the general funds of the government.
Par 2 No public money or property shall be
appropriated
Separation of church and state no public money
shall be appropriated for church purposes except
when such priest, preacher, minister is assigned to
AFP = to be paid by govt.
Par 3 special levy / funds made for special
purpose
Any balance, to be transferred to the general funds
One-fund concept (Ramos time) all charges, etc
must be sent to National Treasury for its
consolidation into a single fund. From there, congress
will appropriate this fund for purposes to be spent in
accordance with law (prepare appropriations law)
*Fort Bonifacio (converted into a mega business
community) & Camp John Hay (converted into a
subd)
Bases Conversion law so many percentage must be
given to the AFP for its modernization
AFP Modernization Law part of its funds shall come
from proceeds of bases conversion law
Sale of Fort Bonifacio 7.1B shld be transmitted to
Natl Treasury for the use of AFP Modernization law
IRMARKING a law is passed and the amount to be
realized from the sale of transaction is irmarked for a
particular purpose
1 fund concept 7.1B must form part of the
Community Fund / General Fund (Natl Treasury) AFP
Modernization fund must have been implemented
but it wasnt implemented by Ramos
- There was an investigation (if the fund is at
the Natl Treasury, how come the only fund is
4B when in fact the funds for AFP
Modernization law is 7.1B. The money is there
but it is already spent. The 7.1B is a special
fund but was included in the general fund.) =
considered technical malversation
_____________________________________________
Section 30
NO law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this
constitution without its advice and concurrence.

Question: May Congress pass a law increasing the

appellate jurisdiction of SC?
Answer: Yes, provided it is upon its advice and
concurrence.
____________________________________________
Section 31
No law granting a title of royalty or nobility shall be
enacted. = not applicable in phils
_____________________________________________
Section 32
The Congress shall, as early as possible, provide for a
system of initiative and referendum, and the
exceptions therefrom, whereby the people can
directly propose and enact law or approve any act
or part thereof passed by the Congress or local
legislative body after the registration of a petition
therefor signed by at least ten percent of the total
number of registered voters, of which every
legislative district must be represented by at
least three percent of the registered voters
thereof.
RA6735 current implementing law re initiative and
referendum
*Miriam Santiago case questioned RA 6735 re
petitions to amend the consti
SC decided that RA6735 shall be put only to
propose legislation but not to amend the
consti
As of now, there is no law that implements the article
on amendment & provision, except Sec 32.
Referendum is scheduled by the comelec not earlier
than 45 days or later than 90 days
================================
==============

ARTICLE
VII:
DEPARTMENT

EXECUTIVE

Section 1
The executive power shall
President of the Philippines

be

vested

in

the

Bernas constitutional commission had the

conviction to limit the powers of the presidency bec.
of its experience in martial law
-Marcos was so brilliant that he used the
executive
powers
stated
within
the
constitution
Art VII
1935 & 1973 constriction of the powers of the pres
Sec 18, Art 8 emergency powers of the Chief exec
(Commander in Chief) to call the AFP for the
oppressing, suspend the habeas corpus, declare
martial law, etc = the powers has diminished bec of
many restrictions
Question: What are these explicit structural
limitations/ specific powers of the Pres in 1987
Consti? (for recitation)

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= Bernas says the presidency that emerges in 1987

consti is stl potent bec the primary source of political
power during election is stl there the people
*Marcos v Manglapus (1989) background of
constitution commission wanted to do to the
presidency, that is to weaken the presidency
- decided under 1987 consti
- pres is stl very potent
-Ban by cory Aquino for the return of former pres
marcos
-marcos filed a case against manglapus, Marcos
challenged the ban a violation to the right to travel,
since the authority has the right to travel under the
bill of rights. According to cory, there must be a law
to give cory the authority to stop marcos from
coming back, that is the consti
-Sc denied in favour of cory: In the totality of
executive powers, both stated and unstated in the
consti, explicit & residual, the authority asserts that
the 1987 consti president has the authority to
prevent the return of marcos even if the authority is
not found in the consti granting her such authority
(residual powers of the president not found in the
consti)
-No provision in the 1987 consti guaranteeing the
pres immunity from suit according to bernas, it is
already understood that the president cannot be
sued, it is in jurisprudence
*Soliven v Judge Makasiar
-Soliven is the accused & cito beltran
-in 2001 estrada was sued for plunder, Estrada v
disierto
-sc said, a non seating president does not enjoy
immunity from suit; a seating pres is immune from
suit but he is not immune if the suit is for non official
acts
-no suit for official acts done by the pres
Where in the consti can u find the word cabinet? It is
only mentioned in Art 7, Sec 3, 11, 13. No provision
in the consti creating and giving power in the
cabinet, no cabinet creation in const only institution
___________________________________________
Section 2
Qualifications of a president:
1. Natural Born citizen (art 4, sec 2)
2. Registered voter
3. Able to read and write (for pres, VP, Congress)
4. At least 40 yrs of age on the day of election
5. Resident of the Philippines for at least 10
years immediately preceding such election
_____________________________________________
Section 3
(1) There shall be a vice president who shall have
the same qualifications and 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.

(2) The VP may be appointed as a member of the

cabinet. Such appointment requires
confirmation.
____________________________________________

no

Section 5 = oath of office

Section 4
(1) The President and VP shall be elected by
direct vote of the people for a term of 6
years which shall begin at noon on the 30th
day of June next following the day of election
and shall end at noon of the same date six
years thereafter. The president shall not
be eligible for any re-election. No person
who has succeeded as president and has
served as such for more than 4 years
shall be qualified for election to the
same office at any time.
(2) No VP shall serve for more than 2 successive
terms. Voluntary renunciation of the office for
any length of time shall not be considered as
an interruption in the continuity of the service
for the full term for which he was elected.
(3) Unless otherwise provided, the regular
elections for president and VP shall be held on
the 2nd Monday of May.
(4) The returns of every election for president and
VP duly certified by the board of canvassers of
each province or city shall be transmitted to
the congress, directed to the president of the
Senate. Upon receipt of the cert of canvass,
the Senate President shall open all certificates
in the presence of the Congress in jt session
not later than 30 days after the day of
election, and the latter upon determination of
authenticity and due execution canvass the
votes.
(5) The person having the highest number of
votes shall be proclaimed elected, but in case
2 or more shall have an equal and highest
number of votes, one of them shall be chosen
by a vote of majority of all members of the
congress, voting separately.
(6) The congress shall promulgate its rules for the
canvassing of the certificates.
(7) The Supreme Court, sitting en banc, shall be
the sole judge of all contests relating to the
election, returns and qualifications of the Pres
and VP and may promulgate its rules for the
purpose.
Term of office = 6 yrs, from 12 noon of June 30 ff the
election and end on 12 noon of June 6 yrs after
Par 6 Presl electoral tribunal = did not exist in 1935
consti
1987 consti a law was passed creating the
presidential electoral tribunal
The president is not eligible for re- election. Reelection does not cover election after the term
Bernas either immediately after the term or even
after an interval of one or more terms
RA1793 the Pres or VP losses in the canvassing,
theres nothing he can do

Page 4 of 7

Before they enter on the execution of their office, the

President, the VP or the acting President shall take
the following oath or affirmation: I do solemnly
swear (or affirm) that I will faithfully and
conscientiously fulfil my duties as president (or VP of
acting Pres) of the Phils, preserve and defend its
consti, execute its laws, do justice to every man, and
consecrate myself to the service of the nation. So
help me god
___________________________________________
Section 6 = compensation
The president shall have an official residence. The
salaries of the president and VP shall be determined
by law and shall not be decreased during their
tenure. NO increase in said compensation shall take
effect until after the expiration of the terms of the
incumbent during which such increase was approved.
They shall not receive during their tenure any other
emolument from the govt or any other source.
____________________________________________
Section 7 = REPLACEMENT OF PRES THAT FAILS
TO QUALIFY AT THE BEGINNING; SUCCESSION
BEFORE QUALIFY
(1) The president-elect and the VP-elect shall
assume at the beginning of their terms.

(2) If the President-elect fails to qualify, the VPelect shall act as president until the presidentelect shall have qualified.
(3) If the President shall not have been chosen ,
the VP-elect shall act as president until a
president shall have been chosen and
qualified.
(4) If at the beginning of the term of the
president, the president-elect shall have died
or shall have become permanently disabled,
the VP-elect shall shall become president.

(5) Where no president and VP shall have been

chosen or shall have qualified, or where both
shall have died or become permanently
disabled, the Senate president or, in case of
his inability, the Speaker of the House of Rep
shall act as resident until a President or a VP
shall have been chosen and qualified.
(6) The congress shall, by law, provide for the
manner in which one is to act as president
shall be selected until a president or VP shall
have qualified, in case of death, permanent
disability, or inability of the officials
mentioned in the next preceding paragraph.
Section 7 = SUCCESSION
- Provides for replacement of president that
fails to qualify at the beginning (succession
before he/she qualifies)
- If president elect fails to qualify, the VP-elect
shall act as president, until president shall
have qualified

Section 8 = REPLACEMENT OF SEATING PRES

WHO DIED, PERMANENT DISABLED, REMOVED
FROM OFFICE, OR RESIGNED; SUCCESSION
WHILE IN OFFICE
(1) In case of death, permanent disability,
removal from office, or resignation of the
president, the VP shall become the president
to serve the unexpired term. In case of death,
permanent disability, removal from office, or
resignation of both the president and VP, the
Senate President, or in case of his disability,
the speaker of the house shall then act as the
president until the president or VP shall have
been elected and qualified.
(2) The congress shall, by law, provide who shall
serve as president in case of death,
permanent disability, or resignation of the
acting president. He shall serve until the
president or VP shall have been elected and
qualified, and be subject to the same
restrictions of powers and disqualifications as
the acting president.
Section 8 = SUCCESSION
-provides for the qualification of a seating president
in case of death, disability
- in case of death or disability of pres & VP, the
senate Pres, in case of inability, the Speaker of the
House shall act
- If pres dies, there is a snap election. (Midterm)
Section 9
Whenever there is a vacancy in the office of the VP
during the term for which he was elected, the
president shall nominate a VP from among the
members of the Senate and the House of Rep who
shall assume office upon confirmation by a majority
vote of all the members of both houses of the
congress, voting separately.
= when GMA was proclaimed Pres bec Estrada
resigned, it was Guingona who assumed the post of
VP
_____________________________________________
Section 10 = snap election
The Congress shall, at 10 oclock in the morning of
the 3rd day after the vacancy in the offices of the Pres
and VP occurs, convene in accordance with the rules
without need of a call and within 7 days enact a law
calling for a special election to elect a pres and VP to
be held not earlier than 45 days or not later than 60
days from the time of such call. The bill calling such
special election shall be deemed certified under
Paragraph 2, Section 26, Article VI of this consti and
shall become law upon its approval on 3rd reading by
the congress. Appropriations for the special election
shall be charged against any current appropriations
and shall be exempt from the requirements of
paragraph 4, section 25, Article VI of the Consti. The
convening of the congress cannot be suspended nor
the special election postponed. No special election
shall be called if the vacancy occurs within 18
months before the date of the next presidential
election.
____________________________________________

Page 5 of 7

Section 11
(1) Whenever the President transmits to the
Senate Pres or Speaker of the House 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 to the contrary, such powers and
duties shall be discharged by the VP as acting
president = REFER TO SEC 8
(2) Whenever a majority of all members of the
cabinet transmit to the Speaker of the House
or Senate President their written declaration
that the president is unable to discharge the
powers and duties of his office, the VP shall
immediately assume powers and duties of the
office as acting president. = remedy of the
president
(3) When President transmits to the Senate
President or Speaker of the House his written
declaration that no disability exists, he shall
resume the powers and duties of his office.
Should majority of the members of the
cabinet transmit within 5 days to the Senate
Pres or Speaker of the House their written
declaration that the president is unable to
discharge the powers and duties of his office,
the congress shall decide the issue. For that
purpose the congress shall convene, If it is not
in session, within 48 hours, in accordance with
rules and without need of call. = remedy of
the president
(4) If congress within 10 days after receipt of the
last written declaration, or, if not in session,
within 12 days after it is required to assemble,
determines by 2/3 votes of both houses,
voting separately, that the president is unable
to discharge the powers and duties of his
office, the VP shall act as president, otherwise
the president shall continue exercising the
powers and duties of his office.
Jan 20, 2002 Estrada left the palace. It appears on
the same day, pres Estrada signed a letter addressed
to the speaker and senate president re section 11, he
resigned his office and appoints gma as president. SC
said that Estrada resigned and the office is vacant,
therefore arroyo became president. The house of rep
and senate passed resolutions congratulating GMA
for being the president. (sec 8 & 11)
= Estrada wrote the letter 2-3 days after jan 20.
Estrada should have prepared a letter stating that he
is unable to fulfil his duties so as to make the VP
acting president only
Accdg to bernas both houses passed resolution
declaring GMA as president. By that recognition, the
inability of Estrada is no longer temporary. Congress
rejected the inability.

Section 12
In case of serious illness of the president, the public
shall be informed of the state of his health. The
members of the cabinet in charge of national security

and foreign relations and the chief of staff of the AFP

shall not be denied access to the president during
such illness.
1983 Benigno Aquino was gunned down, it appears
that the president was evicted with ..

a. Bec. In the later provision in the consti, the

mandate of the pres, to appoint vacancies in
judiciary is provided
b. Since Art 8 is later than Art 7, prohibition in Sec 15
is before prohibition in Art 8
Section 16

Section 13
(1) The president, VP, members of cabinet and
their deputies and their assistants shall not,
unless otherwise provided in this consti, hold
any other office or employment during their
tenure. They shall not, during their tenure,
directly or indirectly practice any other
profession, participate in any business, be
financially interested in any contract with, or
in any franchise or special privilege granted
by the govt or any subdivision, agency or
instrumentality thereof, including govt owned
and controlled corp. They shall strictly avoid
conflict of interest in the conduct of their
office.
(2) The Spouse and relatives by consanguinity or
affinity within the 4th degree of the president
shall not during his tenure be approved as
member of the constitutional commission, or
the office of the ombudsman, or as
secretaries, undersecretaries, chairman or
heads of bureaus or offices, including govt
owned and controlled corp and their
subsidiaries.
EXCEPTIONS:
1. VP can be appointed as cabinet (sec 3, art 7)
2. Sec of Justice as ex-officio member of JBC
(art 8)
3. As provided in the case v exec sec, cited by
bernas, under Section 7, Article 9D (CSC)
when position is related to their primary
functions, appointive officials may be given
additional functions in ex-officio capacity.
Such conferment of additional function has no
additional compensation and does not
constitute new appointment
________________________________________________
Section 14
Appointments extended by an acting president shall
remain effective, unless revoked by the elected
president within 90 days from his assumption or
reassumption of 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.
Midnight appointment CJ Corona
SC except 2 justices decided that Sec 15 is not
applicable to appointments in judiciary (Art 8, sec 1
(within 90 days must be followed):

Page 6 of 7

(1) The president shall nominate and with the

consent of the Commission on Appointments,
appoint the heads of the Exec dept,
ambassadors, other public ministers and
consuls, or officers of the AFP from the rank of
colonel or naval captain and other officers
whose appointments are vested in him in this
consti. He shall also appoint all other officers
of the govt whose appointments are not
otherwise provided for by law, and those
whom he may be authorized by law to
appoint. The congress may, by law, vest the
appointment of their officers lower in rank in
the president alone, in the courts of in the
heads of dept, agencies commissions or
boards.
(2) The president shall have the power to make
appointments during the recess of the
congress, whether voluntary or compulsory,
but such appointments shall be effective only
until disapproval by the Commission on
Appointments or until the next adjournment of
the congress.
Section 16 = Article 7 commission on appointments
-provides powers of Comm on appt
-Appointed by Pres, confirmed by Comm on Appt:
a.
Head of exec dept
b.
Ambassadors
c.
Public ministers and consuls
d.
Officers of AFP rank of Colonel or Naval
captain
e.
Other officers (officers to be appointed by the
president with the consent of Comm of
Appointment)
- chairman and commissioners of Comelec,
COA, CSC
- regular members of JBC (Art 8, Sec 8)
Pres. has the power to appoint during recess of
congress whether it is compulsory or voluntary
(interim appointment) subject to confirmation by
Comm on Appt, Shall be effective only:
Until dispproval by Comm on Appt or
Until next adjournment of congress
1st par appoints the heads of exec dept
Manuel mamba appointment & ,r Chily Ponce admin
of CEZA both Secretary equivalent not subj to
confirmation of Commission of Appt
PNP Director General does it need confirmation?
No. bec they are not members of AFP.
*Quintos v COA
- SC said no. Comm on Appt is not a creation of
congress but creation of COnsti. The checks and
balances duties of comm. On Appt in confirming the
appointees of pres is exec function.

*Appointment during recess (interim) = it is

permanent
and
officer
can
assume
office
immediately
*Appointment while congress is in session = needs
confirmation before the person assumes office
- can perform the functions of office as OIC
(temporarily)

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