CONSTITUTIONAL LAW I (ARTS. VII-XVI)

ARTICLE VII: EXECUTIVE DEPARMENT

Sec. 1Executive PowerSPECIFIC POWERS GIVEN TO THE PRESIDENT

1. To appoint2. To ensure that laws are faithfully executed3. To be Commander-in-Chief of the AFP4. To grant clemency5. To contract foreign loans

Marcos vs. Manglapuso Existence of “residual powers” of the President not specifically

mentioned in the constitution o Preventing the return of former Pres. Marcos to the Philippines

o The President has unstated residual powers which are implied from the

grant of executive power and which are necessary for her to comply with her duties under the Constitution.

o The powers of the President are not limited to what are expressly

enumerated under the Constitution.- It has been advanced that whatever power inherent in the government that is

neither legislative nor judicial has to be executive.

Immunity from Suit- There is no provision in the Constitution clothing the President with immunity

from suit during his tenure.- However, it is already understood in Philippine jurisprudence that the President

may not be sued during his tenure.- Cases filed against President Estrada are criminal in character. They involve

plunder, bribery and graft and corruption. By no stretch of the imagination can these crimes, especially plunder which carries the death penalty, be covered by the alleged mantle of immunity of a non-sitting president… the unlawful acts of public officials are not acts of the State and the officer who acts illegally is not acting as such but stands in the same footing as any other trespasser.

- A non-sitting president does not enjoy immunity from suit.

Executive Privilege- Imposing a gag on executive officials summoned to a Senate legislative

investigation; the power of the President to withhold certain types of information from the courts, the Congress, and ultimately the public

Types of information included:a. Disclosure would subvert military or diplomatic objectivesb. Information about the identity of persons who furnish information of violations

of lawc. Information about internal deliberations comprising the process by which

government decisions are reached.- If a decision reached is criminal, it cannot be privileged.- Certain information must be kept confidential in pursuit of the public interest

The Cabinet - Extra-constitutionally created institution- Consists of the heads of departments who through usage have formed a body of

presidential advisers who meet regularly with the President.- President is Chief of Administration.- Cabinet members serve at the behest and pleasure of the President.

Sec. 2Qualifications of the President

1. Natural-born citizen of the Philippines2. Registered voter3. Able to read and write4. At least 40 years of age on the day of the election5. Resident of the Philippines for at least 10 years immediately preceding such

election

Sec. 3The Vice-President

- Same qualification and term of office and be elected with and in the same manner as the President

- May be appointed as member of the Cabinet; such appointment requires no confirmation

- A president in reserve- He has no other function than to be prepared to assume the presidency should a

vacancy in the office arises.- The President is not obliged to give the VP a Cabinet position.

Sec. 4

President and Vice-PresidentTERM

- Fixed term of 6 years- President is not eligible for any re-election for that office, that is, either

immediately after his term or even after an interval of one or more terms- VP may not serve for more than two successive terms- If VP succeeds to the presidency, if he serves for LESS THAN 4 YEARS, he may

run for election as President (not a RE-ELECTION).

CONGRESS AS NATIONAL BOARD OF CANVASSERS- For presidential and vice-presidential elections- Congress is given authority to make a determination of the authenticity and due

execution of the returns coming from provincial and city boards of canvassers in accordance with the manner to be provided by law, that is, by Congress itself.

- Congress will have to devise the scope of its own power.- Canvassing of votes and proclamation of winners is given to Congress and not to

COMELEC

Macalintal vs COMELECo Congress should not have allowed COMELEC to usurp a power that

constitutionally belongs to it. The canvassing of the votes and the proclamation of the winning candidates for President and Vice President  for the entire nation must remain in the hands of Congress as its duty and power under Section 4 of Article VII of the Constitution. COMELEC has the authority to proclaim the winning candidates only for Senators and Party-list Reps.

Lopez vs. Senate and Houseo When Congress formed a Joint Committee to perform the task of a

preliminary count of the votes, the authority of the Committee was challenged on the ground that canvassing belongs to Congress as WHOLE. The court, however, ruled that preliminary task could be done by a smaller body whose work, however, must be submitted to Congress as a whole for its review and approval.

Pimentel vs. Joint Canvassing Committeeo Congress adjournment terminated the law-making function of Congress

but that the non-law making functions, such as canvassing, could continue until the term of the members ended.

BREAKING A PRESIDENTIAL OR VICE-PRESIDENTIAL TIE

- Congress has also the authority to break a tie in presidential and vice-presidential elections.

- The tie is broken by vote of majority of all the Members of both Houses of the congress, voting separately.

CONTROVERSIESPoe vs. Arroyo

o The Rule in presidential contests is that only two persons, the 2nd and 3rd

placers, may contest the election. The Rule effectively excludes the widow of a losing candidate.

Legarda vs. De Castroo The power of the Court as Tribunal includes the power to correct manifest

errors on the statements of votes (SOV) and certificates of canvass (COC).

Sec. 5Oath of Affirmation

Sec. 6Residence of President. Salaries of P and VP.

Secs. 7 and 8Filling a vacancy in the Presidency

Sec. 7: vacancy occurs at the start of the term- that on the appointed hour and day there is no president-elect, either because

the president-elect died or failed to qualify (VP-elect shall act as President until the president-elect shall have qualified) or because no winner has been proclaimed

Sec. 8: vacancy occurs in mid-term- incumbent President dies, permanently disabled, removed from office, or resigns- VP shall become the President to serve the unexpired term

: both P and VP- The Senate President or, in case of his inability the Speaker of the House shall

then act as President until the President or VP shall have been elected and qualified

Estrada vs. Desierto

o The resignation of Estrada cannot be doubted. It was confirmed by his

leaving Malacanang. In the press release containing his final statement:a. He acknowledged the oath-taking of the GMA as President albeit with

reservation of its legalityb. He emphasized he was leaving the Palace, the seat of the presidency,

for the sake of peace and in order to begin the healing process of the nation. He did not say that he was leaving the Palace due to any kind of inability and that he was going to re-assume the presidency as soon as the disability disappears.

c. He expressed his gratitude to the people for the opportunity to serve them

d. He assured that he will not shirk to a future challenge after occupying the office of the president which he has given up

e. He called on his supporters to join him in the promotion of a constructive national spirit of reconciliation and solidarity.

o The contemporary acts of Estrada during those four critical days of

January are evidence of his intention to relinquish his office.

Sec. 9Vacancy in the office of VP

- The President is authorized to nominate a member of Congress from either the Senate or HOR to fill a vacated office of the VP.

- For the nomination to be effective, it must be confirmed by a majority of vote of all the members of both Houses voting separately.

Sec. 10. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and 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 forty-five days nor later than sixty 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 Constitution and shall become law upon its approval on third 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 this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Exception: when the vacancy occurs

Sec. 11Disability on the part of the presidentSuch disability is not permanent or temporary disability.2 possibilities: may admit or notTransmit to the Senate president or speaker of the houseConsequence: discharged by the VP (acts as President)

- If does not admit, majority of the cabinet may transmit a written declaration within 5 days to the senate president and house speaker that the President cannot assume duties of the office. Then, Congress shall determine by a vote of 2/3, voting separately.

Sec. 12Illness of the President. Serious illness which incapacitates the President, which is a concern of the public. Public shall be informed of his health.Members of the cabinet may access the President in charge of the national security and foreign relations.

Sec. 13Prohibitions

1. Covers the P, VP, cabinet and their deputies or assistants

Civil Liberties

In order to construe the provisions, it must harmonize with Article 7, Sec. 13. Exception: appointment of duties in ex-officio capacity. The VP may in fact be appointed as member of the Cabinet, CJ, etc.

Bitonio caseAppointed as Representative of the DOLE. Valid?Should he receiving additional compensation? No. Appointed to position in ex-

officio capacity but not entitled to compensation

2. NepotismAppointment or reappointment not interruption

Powers of the Presidenta. Executive Power (sec. 17) b. Appointing power (sec. 14, 15, 16)

Sec. 14Appointments made by an ACTING PRESIDENT.Maybe revoked by President within 90 days upon assumption or reassumption

Sec. 15Appointments made by the President 2 months immediately preceding the next presidential electionsMass midnight appointmentsAytona

Midnight appointments were not valid. Had the appointment of Aytona been done in good faith then he would have the right to continue office. Here, even though Aytona is qualified to remain in his post as he is competent enough, his appointment can nevertheless be revoked by the president. Garcia’s appointments are hurried maneuvers to subvert the upcoming administration and is set to obstruct the policies of the next president. As a general rule, once a person is qualified his appointment should not be revoked but in here it may be since his appointment was grounded on bad faith, immorality and impropriety. In public service, it is not only legality that is considered but also justice, fairness and righteousness.Valenzuela

Follow sec. 15, on the ban of making appointments within 2 months before the end of president’s term (general rule)

De Castro vs. JBCDoes not follow the Valenzuela rule.Temporary appointments

Dela Rama Limitation does not apply to local elective officials

Sec. 16Appointments made by the President 2 months before the next election

Nature: it is not beyond legislative, judiciary. It is Executive.Legislators: create an office and prescribe qualifications of appointeesPresident: Decides who among the choices is best qualified.

Appointments vested in the President

Nomination-Consent-Appointment1. Heads of the departments, ambassadors, consuls, naval officers, etc.

- Confirmation by COA is needed

Not every officer of the Cabinet rank come under the three step appointment rule. Only heads of executive departments do. Ex. VP is appointed as head of an executive department (appointment does not need consent from COA)

All other officers whose appointments are vested in him in the Constitution- need confirmation by COA- Chairmen and commissioners of CSC, COA, COMELEC, JBC, Customs,

sectoral representative etc.

No need for three step appointment rule2. Authorized by law who to appoint and those not authorized by law

- Do not need confirmation by COA - Police generals or PNP (police force is civilian), Philippine coast Guard (non-

military agency/civilian)- Justices, judges, Ombudsman and his Deputies (check on appointing power

of President is through JBC)The Constitution limits the President’s choice to those recommended by the JBC.

- Commission on Human Rights (constitution does not specify who should appoint its Chairman and members) Fall under “all other officers of the Government whose appointments are not otherwise provided for by law”When a law creating an office does not specify who shall appoint the officer, the appointment must be made by the President.

- NLRC

Procedure of appointment:Types/Classification

1. Permanent/temporary- required eligibility, persons without eligibility (temporary)2. Regular/Ad interim

Regulara. made by President while congress is in sessionb. takes effect after confirmation by the COA c. continuous until the end of his term

Ad interim/Recess (PERMANENT)a. congress not in session b. takes effect immediately

c. but ceases to be valid or terminated if (1) disapproved by the Commission or (2) upon adjournment of Congress prior to COA acting on the appointment

- Importance in distinguishing permanent or temporary? Because if it is temporary, prohibition on temporary appointment under constitutional commissions, cannot be made to COMELEC. If permanent, no variation of prohibition.

- Can it be renewed? Yes, if adjourned by Congress or bypassed by COA. If disapproved by COA, can NO longer be renewed.

- An ad interim appointment cannot be withdrawn or revoked at the President’s pleasure. It is permanent an can be terminated only by disapproval by the COA or when bypassed by Congress.(Matibag vs. Benipayo)

3. Appointment in an Acting Capacity (TEMPORARY)- Even congress is in session- Takes effect immediately- Extended any time there is vacancy- temporary filling important offices- Not submitted to COA- Is appointment in an AC to department secretary while Congress in session

allowed? (Pimentel case)Yes. The essence of an appointment in an acting capacity is its temporary

nature.  It is a stop-gap measure intended to fill an office for a limited time until the appointment of a permanent occupant to the office.  In case of vacancy in an office occupied by an alter ego of the President, such as the office of a department secretary, the President must necessarily appoint an alter ego of her choice as acting secretary before the permanent appointee of her choice could assume office.

Appointment of Department Secretary in an acting capacity. Appointment in an acting capacity cannot exceed one year.

Sec. 17Power of Control extends from cabinet secretaries to the lowliest clerks.

a. Doctrine of Qualified political agency- all executive and administrative organizations are adjuncts of the Executive Department, the heads of the various executive departments are assistants and agents of the Chief Executive

b. Reorganization: reduction of personnel, consolidation of offices, or even abolition of positions by reason of economy or redundancy of functions

c. Has the Power to remove exec officials, but power of control is not the source of the president’s disciplinary power. Rather, his disciplinary power flows from the power to appoint. Hence, power to remove is inherent in the power to appoint.

d. Power of control includes the power of supervision.

Biraogo vs. Philippine Truth Commission- Pres. Aquino created the Philippine Truth Commission through E.O. No. 1- a mere ad hoc body formed under the Office of the President with the primary

task to investigate reports of graft and corruption committed by third-level public officers and employees, their co-principals, accomplices and accessories during the previous administration, and thereafter to submit its finding and recommendations to the President, Congress and the Ombudsman.

- It has all the powers of an investigative body.- It is not, however, a quasi-judicial body as it cannot adjudicate, arbitrate,

resolve, settle, or render awards in disputes between contending parties. - WON, the President has the power to create the Truth Commission- The President’s power to conduct investigations to aid him in ensuring the

faithful execution of laws—in this case, fundamental laws on public accountability and transparency—is inherent in the President’s powers as the Chief Executive. That the authority of the President to conduct investigations and to create bodies to execute this power is not explicitly mentioned in the Constitution or in statutes does not mean that he is bereft of such authority.

- The powers of the President cannot be said to be limited only to the specific powers enumerated in the Constitution. In other words, executive power is more than the sum of specific powers so enumerated.

- It has been advanced that whatever power inherent in the government that is neither legislative nor judicial has to be executive.

- The Executive is given much leeway in ensuring that our laws are faithfully executed. The powers of the President are not limited to those specifice powers under the Constitution. One of the recognized powers of the President granted pursuant to this constitutionally-mandated duty is the power to create ad hoc committees.

- It should be stressed that the purpose of allowing ad hoc investigating bodies to exist is to allow an inquiry into matters which the President is entitled to know so that he can be properly advised and guided in the performance of his duties relative to the execution and enforcement of the laws of the land.

Sec. 18Military Powers

Commander-in-chiefship o President is not a member of the armed forces but remains a civilian

o No portion of his duties is paid from sums appropriated for the military

or naval forceso He is not subject to court martial or other military discipline

o Art. II sec. 3: Civilian authority is, at all times, supreme over the

military. President holds supreme military authority and is the ceremonial, legal, and administrative head of the armed forces.

o Power to direct military operations and to determine military strategy.

o He is authorized to direct movements of the naval and military forces

played by law at his command, and to employ them in the manner he may deem most effectual to harass and conquer and subdue the enemy.

o He has control and direction of the conduct of war, whether the war be

declared or undeclared.1. To call out the armed forces to prevent or suppress lawless violence, invasion

or rebellion- Whenever it is necessary- This acton is not subject to judicial review- The authority to decide whether the exigency has risen belongs exclusively to

the President, and his decision is conclusive upon all other persons.IBP vs. Zamora

o PNP teamed together with the army to suppress lawless violence

in the country via LOI of Pres. Estradao IBP questioned constitutionality of the letter of instruction of Estrada

o Issues: Assistance of Philippine Marines to PNP violates the provision

on civilian supremacy; calling out of the President is a justiciable issueo Calling the armed forces is not proper for judicial scrutiny since it

involves a political question and the resolution of factual issues which are beyond the review powers of this Court.   

o When the President calls the armed forces to prevent or suppress

lawless violence, invasion or rebellion, he necessarily exercises a discretionary power solely vested in his wisdom.

o It is a discretionary power of the president. Court cannot overrule

the President’s decision in this matter.- Solely vested in the President. SC cannot overrule President’s discretion.

Sanlakas vs. Exec. Sec.o Oakwood mutiny

o GMA issued to declare state of rebellion (uttered superfluity) and call

out the armed forces to suppress the lawless violenceo She simply needed to call out the AFP to suppress such violence.

o The Court rendered that the both the Proclamation No. 427 and

General Order No. 4 are constitutional. Section 18, Article VII does not expressly prohibit declaring state or rebellion. The President in addition to its Commander-in-Chief Powers is conferred by the Constitution executive powers. It is not disputed that the President has full discretionary power to call out the armed forces and to determine the necessity for the exercise of such power.

o The issue of usurpation of the legislative power of the Congress is of

no moment since the President, in declaring a state of rebellion and in calling out the armed forces, was merely exercising a wedding of her Chief Executive and Commander-in-Chief powers. These are purely executive powers

o SC: the proclamation was valid and within the power of the President.

Validity of state of rebellion

Lacson vs. Sec. Perezo GMA faced with an angry and violent mob

o Declared a state of rebellion (Proc. No. 38)

o Called out AFP and PNP to suppress such rebellion

o WON the proclamation of GMA of the state of rebellion in NCR, calling

out AFP to suppress the violence, is constitutionalo SC: The petitions are declared to be moot and academic. State of

Rebellion already lifted by PGMA on 2006

David vs. GMAo partially valid

o PP1017 to determine the actual condition of the country. Valid.

o PP 1017 is CONSTITUTIONAL as far as the ‘calling out of the

military’ to suppress lawless violence. However, the military cannot enforce other laws

o PP 1017 is UNCONSTITUTIONAL when it comes to promulgating

Decrees. Only the 2 Houses of Congress can legislate lawso Warrantless arrests and seizures conducted without proof that they are

part of rebellion, lawless violence, and takeover is UNCONSTITUTIONAL

Ampatuan vs. Punoo President GMA declared Sultan Kudarat and Cotabato City Under

state of emergencyo AFP and PNP undertake such measures

o Petitioners claim that there is no factual basis in declaring state of

emergency in Suldan kudarato Petition dismissed

o SC: Declaration is valid. Purely in the president to determine the

condition of the country and calling out power of the AFP

Kulayan vs. Tano Governor of Sulu ordered calling out power of the President

o Calling out power is exclusively granted by the President.

2. Power to suspend the writ of habeas corpusPrivilege of writ of habeas corpus- There must be an actual deprivation of liberty.- Right to have an immediate determination of the legality of the deprivation of

physical liberty- If suspended, the Court can no longer inquire further into the legality of

the deprivation.- Who may suspend the privilege? President. Applicable to persons who

commit rebellion.

3. Power to declare martial lawGrounds:a. Rebellion or invasion when public safety requires it

Time limit: not exceeding 60 days, still subject to review and revocation by CongressWithin 48 hours, the President shall submit a report in person or in writing for its approval or revocation to the CongressCongress, voting jointly, majority, may revoke such proclamation or suspension. This shall not be set aside by the President.If President submits, Congress may revoke or suspend.SC may nullify proclamation. Promulgate within 30 days from its filing.

Effects of Martial Law:1. It does not suspend the operation of the Constitution2. It does not supplant the functioning of the civil courts or legislative assemblies

3. It does not authorize conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function

4. It does not automatically suspend the privilege of the WOHC

Sec. 19Pardoning Power

Cannot be extended in cases of - impeachment- Otherwise provided by Constitution- Cannot be granted in violation of election laws without favorable

recommendation of COMELEC- Legislative contempt- Before conviction of final judgment- Congress

Executive Clemency:- a tacit admission that human institutions are imperfect and that there are

infirmities in the administration of justice. - Exists as an instrument to correct infirmities and mitigate whatever harshness

might be generated by a too strict application of the law.- Not a function of the judiciary; EXECUTIVE.- But judge can enjoin to recommend to the President the exercise of executive

clemency- Non-delegable and must be exercised by the President personallyConstitutional limits:

1. It cannot be exercised over cases of impeachment2. Reprieves, commutations (mere reduction of penalty), and pardons (total

remission), and remission of fines and forfeitures can be given only after conviction by final judgment

3. A grant of amnesty must be with the concurrence of a majority of all the Members of Congress

FORMS OF EXECUTIVE CLEMENCY:

A. Pardon- An act of grace, proceeding from the power entrusted with the execution of

the laws, which exempts the individual on whom it is bestowed, from the punishment the law inflicts for a crime he has committed

- No legal power can compel the executive to give it- An act of pure generosity of the executive and it is his to give or to withdraw

before it is completed

- Validity: delivery is essential, and delivery is not complete without acceptance- Requirement of Acceptance of Pardon: need for protecting the welfare of its

recipient.- The acceptance of the conditions of the pardon imports the acceptance of the

condition that the President will also determine whether the condition has been violated.

- Granted any time after an offense is committed

B. Amnesty- The power to grant amnesty is considered merely an act of the pardoning

power.- May be given only with the concurrence of the majority of all the members of

Congress- The grant of general pardon to a class of political offenders either after

conviction or even before the charges are filed.

PARDON (individual pardon) AMNESTY (general pardon)Granted by the Chief Executive; private

act which must be pleaded and proved by the person pardoned

By proclamation of the Chief Executive with the concurrence of Congress; public

act of which the courts should take judicial notice

Granted to one after conviction Granted to classes of person or communities who may be guilty of

political offenses, generally before or after the institution of the criminal prosecution

and sometime after convictionLooks forward and relieves the offender from the consequences of an offense of which he has been convicted; abolishes

or forgives the punishmentDoes not work the restoration of the rights

to hold public office, or the right of suffrage, unless such rights be expressly

restored by the terms of the pardonIn no case exempts the culprit from the payment of the civil indemnity imposed

upon him by the sentence

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

C. REPRIEVES, COMMUTATIONS, AND REMISSION OF FINES AND FORFEITURES

- Like amnesty, these are already implicit in the pardoning power; but they have been made explicit by the Constitution.

- Reprieve: postpones the execution of an offense to a day certain- Commutation: a remission of a part of the punishment; a substitution of a less

penalty for the one originally imposed; does not have to be in any specific form

- Remission of Fines and Forfeitures: merely prevents the collection of fines or the confiscation of forfeited property; it cannot have the effect of returning property which has been vested in third parties or money already in the public treasury

Sec. 20Borrowing Power of President

1. Can contract foreign loans with prior concurrence of monetary board, and subject to such limitations as may be provided by law

Sec. 21 Diplomatic Power No treaty or international agreement shall be valid unless concurred in by at least 2/3 of all the members of the Senate.

INTERNATIONAL AGREEMENTS

TreatyTwo phases involved in treaty making:1. Negotiation

o the power of the President excludes the legislature

o Senate cannot intrude and Congress is powerless to invade it

2. Actual making of the treatyo But once the negotiation is completed, it will be binding only with the

concurrence of the Senateo Treaties require ratification of the Senate (2/3 of all the members)

- If the President does not present a treaty to the Senate, the senate has nothing to ratify.

- Efforts to compel the Executive Department by mandamus to submit the document to the Senate was rebuffed by the Court.

- The decision to enter or not to enter into a treaty is a prerogative solely of the President. Thus, unless the President submits a treaty to the Senate there is nothing for the Senate to concur in.

Commissioner of Customs vs. Eastern Sea Tradingso Concurrence by Senate required in treaties

o Executive agreements, do not require concurrence by the Senate

o International agreement maybe in form of treaties or executive

agreementso No distinction between treaty and executive agreement under our laws

Bayan vs. Exec. Secretaryo Constitutionality of the Visiting Forces Agreement between PH and

USAo The agreement had been ratified by the Senate.

o “Recognized as a treaty” means that the other contracting party

accepts or acknowledges the agreement as treaty.o It is inconsequential whether the US treats the VFA only as an

executive agreement because, under international law, an executive agreement is as binding as a treaty.

TREATY EXECUTIVE AGREEMENTRequires Senate concurrence Without concurrence of the

legislaturePolitical issues or changes of national policy; international

arrangements of a permanent character

Adjustments of detail carrying out well-established national policies and traditions and those involving arrangements of a more or less

temporary nature; Commercial and consular

relations, most-favored-nation rights, patent rights, trademark and

copyright protection, postal and navigation arrangements and

settlement of claimsImplementation of treaties or of statues or of well-established

policy or are of a transitory effectivity

Less formal types of international

agreements

THREE DISTINCT FOREIGN AFFAIRS POWERS:1. Power to make treaties2. Power to appoint ambassadors, other public ministers, and consuls3. Power to receive ambassadors and other public ministers duly accredited to the

Philippines

Sec. 22Budgetary PowerThe President shall submit to the Congress within 30 days from the opening of every regular session, as the basis of the GAB, a budget of receipts and expenditures and sources of financing, including receipts from existing and proposed revenue measures

COMPLETE GOVERNMENT BUDGETARY PROCESS:Phase I. Budget Preparation

o Tasked upon the Executive

o Estimation of government revenues

o Determination of budgetary priorities and activities within the

constraints imposed by available revenues and borrowing limitso Translation of desired priorities and activities into expenditure levels

o Budget preparation starts with the Budget Call by the DBM

o Each agency is required to submit agency budget estimates

Phase II. Legislative Authorizationo Congress enters the picture and deliberates or acts on the budget

proposals of the PresidentPhase III. Budget Execution

o Tasked on the Executive

o Operational aspects of budgeting

Phase IV. Budge Accountabilityo Evaluation of actual performance and initially approved work targets,

obligations incurred, personnel hired and work accomplished are compared with the targets set at time the agency budgets were approved

Sec. 23 Informing PowerThe President shall address the Congress at the opening of its regular session he may also appear before it any other time.

ARTICLE VIII: JUDICIAL DEPARTMENT

Sec. 1Judicial Power

- The measure of the allowable scope of judicial action- The right to determine actual controversies arising between adverse litigants,

duly instituted in courts of proper jurisdiction- The authority to settle justiciable controversies or disputes involving rights

that are enforceable and demandable before the courts of justice ore the redress of wrongs for violation of such rights

- The exercise of judicial power goes beyond the mere promulgation of final decision.

o Power to control the execution of its decision is an essential aspect of

jurisdiction. It cannot be subject of substantial subtraction because the Constitution vests the entirety of judicial power in one Supreme Court and in such lower courts as may be established by law.

o Most important part of litigation: PROCESS OF EVALUATION OF

DECISIONS where supervening events may change the circumstance of the parties and compel courts to intervene and adjust the rights of the litigants to prevent unfairness. (Echegaray)

INTRINSIC LIMIT ON JUDICIAL POWER- Courts may neither attempt to assume nor be compelled to perform non-

judicial functions.- The Supreme Court and its members should not and cannot be required to

exercise any power or to perform any trust or to assume any duty not pertaining to or connected with the administering of judicial functions.

- Judicial power is not exercised to address moot questions.o However, Courts will decide cases, otherwise moot and academic, if:

a. There is a grave violation of the Constitutionb. The exceptional character of the situation and the paramount public

interest is involvedc. When the constitutional issue raised requires formulation of

controlling principles to guide the bench, the bar, and the publicd. The case is capable of repetition yet evading review

GRAVE ABUSE OF DISCRETION- Introduced because of the frequency with which the SC had appealed to the

“political question” doctrine during the Martial Law period- Political questions are beyond the pale of judicial review

- Not every abuse of discretion, however can be the occasion for the court to come in by virtue of the second sentence of Sec. 1. It must be “grave abuse of discretion amounting to lack or excess of jurisdiction.”

Infotech foundation, et. al. vs. COMELECo There is grave abuse of discretion…

a. When act is done contrary to the constitution, the law or jurisprudenceb. When it is executed whimsically, capriciously or arbitrarily out of

malice, ill will or personal bias o In the instant case, the COMELEC awarded the subject contract not

only in clear violation of law and jurisprudence, but also in reckless disregard of its own bidding rules and procedure.

Ynot vs. IACo The lower courts shall not shy away from the task of answering political

questions (grant of the power of the judicial review)o The SC declared that while the lower courts should observe a

becoming modesty in examining constitutional questions, they are nonetheless not prevented from resolving the same whenever warranted, subject only to review by the highest tribunal. The courts have jurisdiction under the Constitution to "review, revise, reverse, modify or affirm on appeal or certiorari, as the law or rules of courts may provide," final judgments and orders of lower courts in, among others, all cases involving the constitutionality of certain measures.  This simply means that the resolution of such cases may be made in the first instance by these lower courts.

o For checking, legitimating, and symbolic (functions of Judicial Review)

Expanded jurisdiction of the Supreme Court or other courts is not absolute. The power or authority of our courts will yield sometimes in matter which is in nature a political question.Political question- answered by the people in their sovereign capacityWhether or not to honor international debt is a political question. (Guingona vs. Carague)Justiciable question (Manila Prince Hotel)

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Sec. 2Role of Legislature

1. Define such enforceable and demandable rights and prescribing remedies for violations of such rights

2. Determine the court with jurisdiction to hear and decide controversies or disputes arising from legal rights (creation of courts)

The Congress shall have the power to define, prescribe and apportion the jurisdiction of various courtsSubject to limits:

a. It must not deprive the SC of its jurisdictionb. In case of judiciary reorganization, it must not undermine the security

of tenure of its members. Supreme Court is beyond the power of Congress to reorganize

even if only as a temporary measure.c. In increasing appellate jurisdiction, there must be the consent and

concurrence from the SC. Congress can diminish jurisdiction except those granted by the Constitution.

- Unless there is an applicable law, courts are without power to settle controversies.

3 distinct processes: (occur simultaneously)1. Vesting of judicial power (Constitution)2. Creation of courts other than the SC (Congress)

o Subject to limitations that it may not reduce jurisdiction of the SC as

prescribed in Sec. 5 and also to the implicit limitation that it may not create a court equal in authority or superior to the SC.

o There can be only one Supreme Court.

o Includes authority to abolish courts

3. Definition, prescription, apportionment of jurisdiction (Congress)

Jurisdiction vs. Judicial PowerJurisdiction: authority of a court to exercise judicial power in a specific case; a prerequisite of judicial powerJudicial power: totality of powers a court exercises when it assumes jurisdiction and hears and decides a case

Fabian vs. Desierto o It increased appellate jurisdiction without the advice or concurrence by

the SC.

Sec. 3Fiscal autonomy

Cannot be reduced by the legislators below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released

Bengzon vs. Drilono Whether or not the questioned veto impairs the Fiscal Autonomy

guaranteed by the constitutiono The veto impairs the power of the Chief Justice to augment other items in the

Judiciary's appropriation, in contravention of the constitutional provision on "fiscal autonomy"

o The veto of these specific provisions in the General Appropriations Act is

tantamount to dictating to the Judiciary how its funds should be utilized, which is clearly repugnant to fiscal autonomy.

o The Judiciary must enjoy freedom in the disposition of the funds

allocated to it in the appropriations law. It knows its priorities just as it is aware of the fiscal restraints. The Chief Justice must be given a free hand on how to augment appropriations where augmentation is needed.

o Fiscal autonomy means freedom from outside control.

o DBM: 10 typewriters without the consent of the judiciary violates fiscal

autonomyo Chief justice determines and decides the who, what, where and how

the benefits be extended.

Sec. 4Composition and sessions of Supreme Court

- 1 Chief Justice, 14 Associate Justices- Supreme Court may sit en banc, or in divisions of three, five, or seven

memberso Divisions can be of different sizes and supposed to reflect the relative

importance of caseso Except for those cases which by command of the Constitution must be

heard by the SC en banc, cases may be heard either en banc or by a division as the Rules of Court may provide.

Cases that MUST be heard en banc :1. All cases involving constitutionality of a treaty, international or executive

agreement, or law2. Cases involving the constitutionality, application, or operation of presidential

decrees, proclamations, orders, instructions, ordinances, and other regulations

3. Cases heard by a division when the required majority in the division is not obtained; Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

o Cases or matters heard by a division shall be decided or resolved with

the concurrence of a majority of the Members who ACTUALLY TOOK PART in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such Members.

4. Cases where the SC modifies or reverses the doctrine or principle of law previously laid down either en banc or in division

5. Administrative cases where the vote is for the dismissal of a judge of a lower court or otherwise to discipline such a one

6. Election contests for President and VP

- Cannot be decreased or increased by any law- Quorum is 8. (15 members) in deciding cases to be heard, en banc- In order to arrive at a decision, solved by the concurrence of the majority +

requirement of at least 3 membersDecisions of a DIVISION:a. not inferior to an en banc decisionb. a decision or resolution of the Supreme Court itselfc. each division of the Court is considered not a body inferior to the Court en

banc, and sits veritably as the Court en banc itselfd. only constraint: any doctrine or principle of law laid down by the Court,

either rendered en banc or in division, may be overturned or reversed ONLY by the court sitting en banc.

Fortich vs. Coronae. When the required number of votes cannot be obtained, the case should

be decided en banc. This only applies to the INITIAL DECISION of a case and NOT TO A RECONSIDERATION of the initial decision.

o Cases are to be decided (referred en banc) and matters, which

include motions, are to be resolved.o Only cases are referred to the court En Banc for decision

whenever the required number of votes is not obtained. o Whenever there is a tie in voting, there is NO DECISION. Thus,

referred to SC En Banc because required number of votes is not obtained.

o If case has already been decided by the division, but the losing party

files a motion for reconsiderationo If there is no tie in division, case has been decided, motion for

reconsideration is denied (cannot be referred to SC En Banc).

Sec. 5Powers of the Supreme CourtIRREDUCIBLE JURISDICTION OF THE SUPREME COURT

- Jurisdiction over cases specified in paragraphs 1 and 2a. original jurisdiction over petitions for certiorari, prohibition, mandamus, quo

warranto, and habeas corpusb. appellate jurisdiction over the enumerated cases

AUXILIARY ADMINISTRATIVE POWERS (paragraphs 3-6)a. Issue temporary assignments of judgesb. Order change of venue

c. Promulgate rules of procedure and enforcement of constitutional rightsd. Integration of the bare. Legal assistance and admission to the practice of lawf. Appoint its employeesg. Administrative supervision over all courts

Power of Judicial Review- SC’s power to declare a treaty, international or executive agreement, law,

presidential decree, proclamation, order, instruction, ordinance, or regulation UNCONSTITUTIONAL; also its application even if the legal basis for the action is itself unconstitutional.

- Not an indication of the superiority of the SC over the executive and Congress but a manifestation of the supremacy of the Constitution

REQUISITES FOR THE EXERCISE OF JUDICIAL REVIEWa. Actual Case of Controversy

o Manifestation of the commitment to the adversarial system

o Court has no authority to pass upon issues of constitutionality through

advisory opinions and it has no authority to resolve hypothetical or feigned constitutional problems or friendly suits collusively arranged between parties without real adverse interests

o Court will not entertain a petition touching on an issue that has already

become moot

Dumlao vs .COMELECo It is basic that the power of judicial review is limited to the

determination of actual cases and controversies. The petitioner assails the constitutionality of the said provision and seeks to prohibit the respondent COMELEC from implementing such, yet the petitioner has not been adversely affected by the application of that provision. There is no ruling of that constitutional body on the matter on which the court is being asked to review on certiorari.

Lacson vs. Perezo No actual controversy because it was already moot and academic

Enrile vs. SETo No actual controversy because the tenure of the senatorial position

has become expired, therefore moot and academicDavid vs. GMA

o May be applied liberally

o There was actual controversy because of these 4 exceptions:

There is a grave violation of the Constitution The exceptional character of the situation and the paramount

public interest is involved When the constitutional issue raised requires formulation of

controlling principles to guide the bench, the bar, and the public The case is capable of repetition yet evading review

b. Must be raised by proper partyo locus standi: a personal and substantial interest in the case such that

he has sustained, or will sustain, direct injury as a result of its enforcement.

o Challenger’s interest in the suit must be personal and not one based

on a desire to vindicate the constitutional right of some third and unrelated party.

Dumlao vs. COMELEC

o The long-standing rule has been that "the person who impugns the

validity of a statute must have a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement"

IBPo Legal standing of the IBP

o Anchored petition mainly

Senate vs. Ermitao Anomalous overpricing

o Senate was the proper party, allowed to question

c. Raised at the earliest possible opportunityo Court may determine the time when a question affecting

constitutionality of a statute should be presentedd. Must be the lis mota of the case

o Unavoidability of constitutional question

EFFECT OF DECLARTION OF UNCONSTITUTIONALITY- When the assailed legislative or executive act is found by the judiciary to be

contrary to the Constitution, it is null and void.