article vii phil consti lecture

8/12/2019 ARticle VII Phil Consti Lecture

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ARTICLE VII

THE EXECUTIVE DEPARTM ENT

SECTION 1: The executive power shall be vested in the President of the Philippines.

As early as the discussion of the Malolos Constitution, Mabini who was the brain of Emilio Aguinaldo. Aguinaldo is not an illustrado,

he is not known for his ways, he is not educated like Rizal, Mabini, Bonifacio, because these three wrote their memoirs after the

revolution.

Emilio A put up a revolutionary government and then after that it lead into the convening of the Malolos Congress and the Malolos

Constitution. As early at that time, Apolinario Mabini wanted a strong executive, with only the Congress that would serve as the

adviser of the Pres. Thus, Mabini wanted a strong President during that time. However, he was defeated by People of the PH. What

came out in the Malolos Congress and the Malolos Constitution is a strong legislature. Evident in the Malolos Constitution is the

touch of Parliamentary System.

In the 1935 Constitution, BERNAS said that the members of the Constitutional Commission that crafted the 1987 Constitution wanted

to carve the powers of the President. They claimed that the President in the 1935 and 1973 Constitution is very strong. In 1987

Constitution you may find provisions in the executive almost muscling the President. Recently, we again are complaining that PNOY

is given too much power under the 1987 Constitution. Hindi na tayo nakuntento sa ginawa ng 1987 Constitution na yung

extraordinary powers ng presidente ay under section 18 was so muscled that you can no longer try to implement section 18 or the

so-called Commander-In-Chief powers of the Pres.

They wanted to carve the powers of the executive. So binawasan ng binawasan yung powers niya. Bernas said, nonetheless, the

presidency that emerges from the 1987 Constitution is still a potent institution largely because the primary source of his political

authority, election by the people at large, is still there.

Marcos vs Manglapus Case: Marcos is in Hawaii, he wanted to come home. Then he filed to the DFA, who was the Secretary then

was Raul Manglapus. But Manglapus doesn't want Marcos to come home. So the case reached the SC. Banned not allowing Marcos

to come home was challenged as violation of the right to travel and the right to return to ones aboe --- Section 6 of Article 3 which

says that neither shall the right to travel be impaired except in the interest of the national security, public safety, or public health, as

may be provided by law. The last phrase is very important. Even if the impairment is in the interest is of national security, public


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safety/public health, there must be a law that authorizes the banned - but there is none. Since the authority to the right to travel must

be based on law, the President (Cory Aquino) must have to be able to point to a law giving her the authority to ban Marcos from

returning.

Ruling:The court found this authority in the totality of executive powers both in the stated and unstated in the Constitution, explicitlythe "residual powers". The President has residual powers, not specifically mentioned in the Constitution. The SC concluded that the

President has the authority to prevent the return of Marcos even in the absence of any specific law, granting her such authority.

Where did the SC get that? Lara: IDK where.

INTERESTING commentary on the powers of the SC by Bernas: the role of the Constitution is not only legal it is also Political.

When they decide cases they must also take into consideration the prevailing circumstances wouldn't create more chaos. At that time

the feeling that if Marcos would return to the country there would be more chaos. SC should find a way to justify the banned to

Marcos from returning to the country. Then, the SC said that "the Pres has the authority to banned the return of Marcos, and this

authority is found in the residual powers of the President, stated and unstated and which could be found not only in the provisions of

the Constitution but also in the four corners of the Constitution." This is the comment of Bernas when the controversy re the JBC is in

the SC.

"We the members of the Constitutional Commission inserted to the Gov't making the Pres under the 1987 Consti more dominant

than to the 1935 Constitution ". Opening statement of Bernas in the discussion of the Executive that the thoughts that terminated the

members of the Comstitutional Commission was to reduce the powers of the executive. Bernas is saying that we may have

admittingly inserted in the constitution, which make the President in the 1987 Constitution more dominant than in the 1935

Constitution - Bernas is referring to the JBC.

In the 1935 Constitution, it was the President who appointed the judges/justices subjected to the Commission of Appointments, whichis the Congress. In the 1987 Constitution as said by the delegates of the Constitutional Commission, the process ay marumi kaya

tanggalin sa President and to the Congress. So, the Constitutional Commission of the 1987 Constitution invented the Judicial and

Bar Council.

The JBC is the one who selects the members of the judiciary, the judges/justices, and submit at least 3 nominees so that the

President will appoint. Still, its back to the President. Thus, the power of the President was not reduced rather the power wad

retained/added - power to the JBC.


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There is no provision in the 1987 Constitution that clothing the President with immunity from suit during his tenure. According to

Bernas, it is already understood that under Philippine Jurisprudence that the Pres may not be sued during his tenure. This assertion

was based on the case of Forbes vs Chuoco Tiaco and Crossfield (1910).

Soliven vs Judge Makasiar:Max Soliven was the EIC of Star. This case stemmed from a commentary made by Louie Beltranduring Cory's time, (1989) the Coup - that Cory hid under the bed when Coup plane passed Malacanang. She did not take the joke

lightly and invited the media to show and tell them that it's impossible for her to hide under the bed. Judge Makasiar is the Presiding

officers of the trial court in the Libel Case vs Beltran and Soliven. The case confirms that the President has immunity from suit under

the 1987 Constitution. However, the criminal case may invoke only by the President and not by the accused, in the criminal case

where the President is the complainant. Beltran and Max Soliven invoked the defense of the immunity for suit. The immunity is for the

President (Cory) not for you (accused), the SC said.

Estrada vs Desierto:The SC passed on this principle, that a non seating President does not enjoy immunity from suit. At that time,

Desierto was the Ombudsman, and he sued then Pres ERAP after Estrada was out of the Malacanang. The SC said that an non

seating President does not enjoy immunity from suit - Erap is not the President at that time -- thus there's no immunity from suit.

Also, even the sitting President is not immune from suit for non-official acts or for wrong doings, this wa added on the case of Estrada

vs Desierto.

The CABINET is an institution that is extra-constitutionally created. The 1987 constituion mentions it several times but there is no

specific provision creating the Cabinet or authority to create it. It was only mentioned in ART 7 Section 3, 11 and 13.

SECTION 2:No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to

read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years

immediately preceding such election.

The important requisite is at least 40 y/o. The definition of Natural Born is found in Article 4 Section 2. It should be noted that the

residence requirement does not specify a province, city or legislative district. It is enough that he has a domicile anywhere in the

Philippines.

SECTION 3: There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and inthe same manner, as the President. He may be removed from office in the same manner as the President.


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The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no CA confirmation.

Par 2: The appointment as department head or a member of the Cabinet does not need the consent of the Commission on

Appointments. But the President is not obliged to give the VP a cabinet position.

SECTION 4: (1) The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shallbegin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six yearsthereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served assuch for more than four years shall be qualified for election to the same office at any time.

(2) No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shallnot be considered as an interruption in the continuity of the service for the full term for which he was elected.

(3) Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of

May.

(4) The returns of every election for President and Vice-President, 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 certificates of canvass, thePresident of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of theSenate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and dueexecution thereof in the manner provided by law, canvass the votes.

(5) The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal andhighest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of theCongress, 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 ofthe President or Vice-President, and may promulgate its rules for the purpose.


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Par 1:The Constitution specifically mentions the TERM of the President, when it begins and when it ends. Thus, there is no room for

hold over. After the said period the president must step down of office whether or not there is a President elected. The Pres shall not

be eligible for any re-election.

Question:Pano si Erap? Natanggal naman siya. Lara: Hindi naman kasalanan ng Constitution yun.

The disqualification case of Erap didn't reached the SC, only in COMELEC. Which, the COMELEC said that the re-election is still

possible. COMELEC said that the re-election is immediately after the term. BUT, the Constitution doesn't distinguish whether it is

immediately after or one/more term after.

The Constitution only said that the President shall not be eligible for any re-election.In so far as the Constitution is concerned

whether it is immediately after or after a term of one/two --- NO RE-ELECTION. The rationale of this provision is to have a President

that would not go Politicking during his first term, if he has another term coming. Thus, he has to perform very well during his term.

This prohibition is a mandatory rule and should be strictly construed.

No person who has succeeded as President and has served as such for more than 4yrs shall be qualified for election to the same

office at any time.

Scenario: Kung nauna lang ng 1yr yung pag-alis ni Erap, then Arroyo would not be eligible for re-election.

Par 4: Votes - Count - Election Returns - Statement of Canvass of the Municipality - Counted to the Province - Statement of

Canvass of the Province - submitted to the Senate, addressed to the Senate President.

STATE the rest sentence of the provision! and the Congress, upon determination of the authenticity and due execution thereof in the

manner provided by law, canvass the votes. In the 1987 Constitution, this is a new provision. The authority to determine theauthenticity and due execution of the canvass is for the Congress. Before, the power to check for the authenticity and due execution

of the canvass is not in the Congress, merely counting. But, under the 1987 Constitution, Congress has given such authority to

determine the authenticity and due execution of the canvass.

Scenario:Arroyo-Poe for President in 2004 in joint session of House of Representatives and Senate

(Need for a legislator to propose a bill specifically govern the manner to determine the A&DE of the canvass)


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Par 5:The person having the highest number of votes shall be proclaimed elected, but in case of two or more shall have an equal

and highest number of votes, one of them shall forthwith be chosen by the majority vote of the majority of all the members of both

Houses of the Congress, voting separately. --- Majority of the majority.

(i.e. majority of Congres 50%+1, majority of the majority means majority of the 50%+1)

Par 6:The congress shall promulgate its rules for the Canvassing of the Certificates.

Par 7: The SC, sitting en banc, shall be the sole judge of all contests relating to the elections, returns, and qualifications of the

President or VP, and may promulgate its rules for the purpose.

Prior to the 1987 Constitution, there is no Presidential or Vice Presidential Tribunal to judge contests in elections for President/VP.

Before if you lose the election there is no court where you can appeal. This provision in the 1987 is not provided in the 1935 neither

in the 1973 Constitution. There is no explicit provision designating anybody that could judge contests in President/VP Elections. Now,

contest is possible.

SECTION 5:Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall takethe following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or ActingPresident) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myselfto the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.)

SECTION 6:The President shall have an official residence. The salaries of the President and Vice-President 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

term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument

from the Government or any other source.

SECTION 7 and SECTION 8: Deals with a situation where the President does not qualify or is removed from office.


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SECTION 7:(1) The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

(2) If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.

(3) If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have beenchosen 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 Vice President-elect shall become President.

(5) Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or becomepermanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall actas President until a President or a Vice-President shall have been chosen and qualified.

(6) The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a

Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next precedingparagraph.

Sec 7 is concerned on appointing who will act as the President, if the president fails to qualify at the beginning of the term; not have

been chosen; died or permanently disabled or incapacitated.

a. Fails to qualify- VP elect shall act as the President until the President-elect shall have qualified. E.g. Citizenship

b. Not have been chosen (Failure to elect)- VP elect shall act as the President until a President have been chosen and

qualified.

c. Died, Incapacitated at beginning of the term- The VP-elect shall become the President

Par 6:The Congress shall pass a bill that would govern the particular situation.

NOTE: If the President has failed to qualify what happens?

If the President have not been chosen what happens?

If the President dies before he assumes office what happens?


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SECTION 8:(1) In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shallbecome the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of boththe President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House ofRepresentatives, shall then act as President until the President or Vice-President 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 theActing President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to thesame restrictions of powers and disqualifications as the Acting President.

This would come into play if there is a vacancy of the Presidency or VPresidency in midterm.

Par 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.

If the Pres resigned or during his term is permanently disabled, died or incapacitated the VP will become the president.

If the VP can't take over the Senate President will be the acting president. If the latter is not available the Speaker of the House of

Representatives shall act as the President until a President or a Vice President shall have been chosen and qualified.

If the Speaker of the house is not available the Congress shall pass a law that would govern the particular situation.

Section 8 - Midterm (meaning if the president during his term)

NOTE: If the President dies during his term what happens?

Section 8 is the basis of the SC in deciding the case of Estrada vs Arroyo. Erap was the President of the Phil, but he left

Malacanang on Jan 22, 2001. Then Arroyo took an oath as the President of the Phil. After that, Estrada sued Arroyo. The SCdismissed the case of Estrada. Bernas said that CJ Davide administered that oath of office to Arroyo as President. On the same day

of Jan 20, at 2:30pm, Estrada left the Malacanang and issued a statement to the doubts, legality and constitutionality of her

proclamation. He left the palace for the wish to be not the factor that will prevent the restoration of unity and order in the civil society

and for these reasons he is leaving Malacaang.

It appears that on the same day, Estrada signed a letter addressed to the Speaker of HR and to the Senate President. That under

Section 11, ART 7 of Constitution, he is transmitting the declaration that he is unable to exercise the powers and duties of his office

and by operation of law, the VP shall be the acting President.


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According to Justice PUNO: Estrada resigned as a president that would cause the permanent vacancy of the President, by operation

of law and virtue of Sec 8, Art 7, Arroyo is the President.

Section 11 (Par 1): Whenever the President transmits to the President of the Senate and the Speaker of the House ofRepresentatives 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 Vice-President as Acting President.

BERNAS (half correct): Estrada signed a letter invoking Section 11 Art 7, mali yun. The letter was not signed the same day it was

made 2 days after (antedated). If Estrada invoked Sec 11 before he left Malacaang, Arroyo should not became the President.

Kapag nagtransmit ang President ng contrary declaration that he is now ready to assume his office, he may do so anytime.

Villar was replaced by Fuentebella. When the letter was crafted, received by Fuentebella (antedated). The SC said it's too late, we

cannot decide because it's a political question/issue. The House of Representatives already passed a resolution accepting or

recognizing the leadership of Arroyo before the letter was sent. The both Houses of the Congress already recognized Arroyo as thepresident of the Phil.

***If a Presidential candidate protests and runs for another position the protest will be deemed waived.

SECTION 9:Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President

shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office

upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

This happens to Teofisto Guingona. When Arroyo became the President the VP seat was empty and Sec 9 came into play.

SECTION 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 V1 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 V1 of this


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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.

Procedure to be followed by the Congress in case there is a vacancy in the office of the president/vp. They shall convene in

accordance with the rules. Enact a law to call for a special election. Election cannot be suspended/cancelled. Art 6 Section 25,exception also in passing a bill for the budget of the said election. MEMORIZE BY HEART

PROCEDURE ON HOW CONGRESS WILL CONVENE ON A SPECIAL ELECTION.

SECTION 11:(1) Whenever the President transmits to the President of the Senate and the Speaker of the House of Representativeshis written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a writtendeclaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

(2) Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House ofRepresentatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

(3) Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives hiswritten declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of allthe Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House ofRepresentatives, their written declaration that the President is unable to discharge the powers and duties of his office, the Congressshall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordancewith its rules and without need of call.

(4) If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it isrequired to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to dischargethe powers and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising thepowers and duties of his office.

When the President wanted to assume his office, then he must send a contrary declaration that s/he is ready to assume office.


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Par 2: Interesting part, After the president transmits a letter that he will assume office but If the members of the cabinet (majority)

transmits to the Senate Pres and Speaker of the house of rep to the effect that the president is unable to discharge the duties and

power of his office. They will vote.

Par 3:Meanwhile, should the majority of the cabinet transmits a letter within five days to the Senate President and Speaker of HR

that the President is unable to perform his duties and powers, the congress shall decide the issue.

Question:Do you find the Section 11 funny with respect to the acts of the cabinet?

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 Armed Forces of the Philippines, shall not be

denied access to the President during such illness.

(Was included by the Constitutional Commission because of what happened to Marcos during the Martial Law)

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.

SECTION 13: (1) The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unlessotherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure,directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in

any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, includinggovernment-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of theiroffice.

(2) The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, beappointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

***Prohibition of relatives


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Par 1:Unless otherwise provided by the Constitution.

What are those?

a. Sec 3 Art 7: VP may be appointed to the Cabinet

b. Section 8, Art 8 Par 1: Secretary of DOJ shall be an ex-officio member of JBC

c. Section 7, Art 9b: Constitutional Commission (Civil Service Commissions).

***Civil Liberties Union vs Undersecretary

If positions are related to their functions, appointed official may be given additional functions in ex-officio capacity.

Par 2:Reaction to Marcos Regime.

Fourth Civil Degree - 1st cousins

SECTION 14:Appointments extended by an Acting President shall remain effective, unless revoked by the elected President, within

ninety days from his assumption or reassumption of office.

Appointments extended by the acting president shall remain affective, 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.

Scenario: Then PGMA appointed Corona to be the CJ of SC. Before the election in 2010, Puno retired. In spite the seeming

prohibition under the Constitution, then PGMA appointed Corona as the CJ of SC. Section 15 would governed that on the first lash.

Two months before the election the President or the Acting President shall not make appointments.

The only Exceptionunder Sec 15 specifically refers totemporary appointments to executive officers/positionswhen continued

vacancy will prejudice public service or put public safety in danger.


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Arturo M. De Castro vs JBC: The SC held that the prohibition in Section 15 of Article 7 doesn't apply to the judiciary. The President

must comply with the provisions of Section 4 (Par 1) of Article 8 - this is the timeframe that the President must appoint the members

of the Judiciary. The SC held in the said case that the framers of the Constitution intended the extent of Section 15, Article 7 to the

appointment of the members of the SC, they could have easily done so. They could not have ignored the meticulous ordering of the

provision. They could have easily and ensurely written the prohibition madeexplicit in Sec 15 Art 7 as being equally applicable to themembers of the SC in Article 8 Sec 4 Par 1.

Art 7 Section 15: There's a prohibition to appoint.

Art 8 Secion 4 (Par 1): Mandate to appoint.

Hindi pedeng ipagbawal dahil mas later yung Article 8, which should be controlling. Sec 7, there is a prohibition but the power of the

President to appoint members of SC in Art 8 Sec4 Par1 is a mandate, and because this is a later provision it should be followed. SC

said that they could have made an explicit prohibition in Art 8. So Coronas was appointed as the CJ of SC.

SECTION 16:(1) The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of theexecutive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or

naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of

the Government 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 other officers lower in rank in the President alone, in the courts, or in the

heads of departments, 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 disapproved by the Commission on Appointments or until the next adjournment of

the Congress.

Remember that in Art 6 we studied Commission on Appointments. It's a constitutional body that would affirm the appointments made

by the President.

Sec 16 is now those persons appointed by the President that is subject to confirmation of Commission on Appointments.

Definition of Other officers' appointments vested in the President by this Constitution:


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a. Chairman and Commissioners of COMELEC, COA, CSC (Constitutional Body)

b. Regular Members of the JBC - has 3 ex-officio members and has 4 regular members

c. Sectoral Representatives in the Congress (no longer exists)

All other appointments not otherwise provided by law:Chairman and members of Commission on Human Rights

"All other officers of the government whose appointments are not otherwise provided by law" means that when a law creating an

office does not specify who shall appoint the officer, the appointment must be made by the President.

Not every officer of Cabinet ranks need to be confirmed by the Commission on Appointments. Those not heads of the departments,

their confirmation by the Commission on Appointments is not necessary. Heads of the executive departments, yung mga line

agencies yung may mga portfolio. Sec Manuel Mamba not a member of the Cabinet, Sec. Ponce, Administrator of CEZA, he has a

rank of secretary, need no confirmation from Commission on Appointments.

Question: Why is that his appointment need no confirmation? The constitutional basis is Sec 16, because he is not the head of the

department.

***In the case of Leila De Lima as Sec of Justice and Dinky Soliman of DSWD is not yet confirmed by the Commission on

Appointments.

The appointment of Police Generals need no confirmation because under Sec 16 it only says about the AFP, that is, military officers.

Police generals are civilian in nature because of Article 16, Section 6 which characterizes the police force as civilian - thus subject by

the rules under Civil Service.

When the Commission on Appointments checks the appointments made by the President - it is not stricly a case of legislative

interfering with the executive department. The CA is a creation of the constitution not of Congress and is not Legislative but

Executive in nature. Although its membership is confined in Congress, the CA is independent of Congress. In fact, the functions of

the said commission are purely executive in nature. The same is true with the tribunals. While most members of tribunals is members

of Congress, HRET/SET it is not part of Congress, it is a Constitutional Body.


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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 disapproved by the Commission on Appointments or until the next

adjournment of the Congress.

Par 2also says that the President shall have the power to make appointments (Cabinet) during the recess of the Congress.

Voluntary or Compulsory Recessrefers to the period when Congress is not in session either because it has voluntarily declared a

recess under Art 6 Section 16(5) - voluntary recess, or because the Congress, although in existence, it is not allowed by the

Constitution to be in session - Compulsory Recess.

Voluntary Recessstarts the moment one of the two Houses adjourns because Congress cannot considered in session when only

one of them is meeting.

Compulsory Recess refers to:

1) 30 days period between sessions deuring which Congress may not meet - Recess that is 30 days before the next regularsession.

2) Period between the beginning of the new term and the beginning of the regular session.

A recess or Ad-interim appointment is effective once it is delivered to and accepted by the appointee. However, they are effective

only upon approval by the Commission on Appointments on the next adjournment of the Congress.

2 Methods of terminating ad-interim appointments

1) disapproval by the Commission on Appointments

2) Adjournment of the Congress prior to the Commission action on the appointment

Scenario:Before the SONA, PNOY made an appointment of officers mentioned under Sec 16, that is a permanent appointment. The

person appointed can immediately enter into the functions of his office. Commission on Appointments should act on it no later tha 60

days after the first regular session and decide whether the appointment is Approved or Disapproved.

If not acted upon- by the next adjournment of Congress, before voting for the budget, the appointment is void/ not valid. During the

session of the Congress, the President may appoint but s/he be approved by the Commission on appoinments after 60 days.


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If the appointment during the recess was not approved by the time of adjournment, appointment is not valid.

Example:Leila De Lima and Soliman were were appointed by the President however they are not yet confirmed by the CA. If during

the adjournment the CA did not decide on their appointment the President may re-appoint them to their office, until CA disapprovesthem.

Appointments made in Ad-interim is permanent not a temporary appointment. Once appointment is made, that appoinment is

effective immediately entered into the functions of his/her office. S/he is a lawful officer; decisions made during his/her office are

lawful. (de jure officer)

***The decisions made by the appointed officer ad interim are while in his/her position are valid decisions.

When Congress are in session, appointments made by the President, that person cannot enter into the functions of his office until

approved or confirmed by the Commission on Appointments.

What happens when he was appointed but not confirmed - He/she will become the officer-in-charge not the secretary but can stillperform functions of the secretary. "The President may temporarily designate an officer already in the government service or any

other competent person to perform the function of an office in the executive branch". But the law may not tell the President which

person to appoint.

SECTION 17:The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws

be faithfully executed.

We are talking about CONTROL not SUPERVISION.

This section is talking about the control not the supervision. The power to control is defined as "the power of an officer to alter or

modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to subordinate officer had done

in the performance of his duties and to substitute the judgement of the former of that of the latter". -BERNAS

But the power of control merely applies in the exercise of control over the acts of the subordinate in the performance of his duties. It

is not the source of disciplinary power to the executive over its subordinate. The discipinary authority comes from the power to

appoint. Even the power to appoint is not the power to discipline, it must be in accordance with law - that law is the Civil Service Law.

There is such thing as the security of tenure. SEE Page 893


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The doctrine of qualified political agency refers to "all the executive and administrative organizations are adjuncts to the Executive

Dept., the heads of the various executive departments are assistants and agents of the Chief Executive, and the acts of the

secretaries of such departments, performed and promulgated in the regular course of business, are, unless disapproved or

reprobated by the Chief Executive, presumptively the acts of the Chief Executive.

Implication of the doctrine of qualified political agency, a decision of a dept. secretary when not disapproved by the President, it is the

last step in the process of "exhausting administrative remedies" (Administrative Law)

The structure of the government, President down to the Secretaries of the Bureaus, a citizen who disagrees with the decisions of a

subordinate officer must go through administrative ladder before they can sue in court - that is the meaning of the exhaustion of

administrative remedies.

This doctrine of qualified political agency said that the action of the secretary of the subordinate is the action of the executive, if the

President/executive does not disapprove. Thus, this complainant will not go or appeal to the President to question such decisions; hecan now sue the department thru the secretary.

***HE MUST EXHAUST ALL THE ADMINISTRATIVE REMEDIES BEFORE GOING TO THE OFFICE OF THE PRESIDENT.

SECTION 18: (1) The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes

necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or

rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas

corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or

the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the

Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke

such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the

Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the

invasion or rebellion shall persist and public safety requires it.

(2) The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance

with its rules without need of a call.


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(3) The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the

proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision

thereon within thirty days from its filing.

(4) A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts orlegislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are

able to function, nor automatically suspend the privilege of the writ.

(5) The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or

directly connected with invasion.

(6) During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three

days, otherwise he shall be released.

This refers to the Commander-in-Chief Powers of the President.

In the order of SEVERITY the President may exercise this power by:

1) Calling out armed forces to prevent or suppress lawless violence, invasion or rebellion

2) Suspend the privilege of the writ of habeas corpus

3) Declare martial law

Par 1: Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the

President shall submit a report in person or in writing or i person to the Congress. The Congress, voting jointly, by a vote of at least a

majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation may not be

set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or

suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

NOTE:In case of invasion or rebellion, when the public safety requires it, the Pres may suspend the privilege of the writ of habeas

corpus or declare martial law only for a period not exceeding sixty days.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance

with its rules without need of a call.


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The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the



Par 2:Refers to the procedure the Congress must follow in cases of proclamation.

Par 3:The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the



SC said that the President alone can determine the basis of proclamation of Martial or the suspension of the writ of habeas corpus.

The only role of the court is to see to it that the procedure is followed.

The factual basis proclamation of martial law or the suspension of the privilege of the writ or the extension of habeas corpus -

because jurisprudence prior to 1987 Constitution, that the President alone can determine the basis of the declaration of martial lawor the suspension of the privilege of the writ of habeas corpus. The only role of the Court is to see to it that the procedure is followed,

but the factual basis or grounds in declaring the Martial Law or the suspension of the privilege of the writ of habeas corpus could not

be looked into. But in 1987 Constitution, the SC is mandated to look into the factual basis of the proclamation of Martial Law or the

privilege of the writ of Habeas Corpus. The SC must decide or resolve the case within 30 days from its filing.

Par 4:A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or

legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are

able to function, nor automatically suspend the privilege of the writ.

Par 5:The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or

directly connected with invasion.

Suspension of the privilege of the writ of Habeas Corpus:

The Writ of Habeas Corpus order coming from the court commanding the person in whose custody, a person who is weak. To

produce the body of the person in court, so that the cause of his incarceration from detention may be looked into and released if not

found prisonable. That is the writ of habeas corpus it is an order to produce the body.


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***Remember that what is suspended is the privilege not the writ of habeas corpus. Because a writ of habeas corpus must, by

mandate always issued by the court when filed within. When you file a case the court will issue the writ of habeas corpus.

Scenario:If filed, the court will issue habeas corpus,

Privilege of the Writ of Habeas Corpus: is the privilege to be brought to court.It is that which is suspended. While the court may issue the writ of habeas corpus. If that is suspended, the privilege of a person

being questioned to be in court is suspended, which means an order may be given without him.

FUNCTION OF THE SUSPENSION WRIT OF HABEAS CORPUS

It is usually a tool of the state/government to protect itself.

In understanding Section 18, which is the powers of the President as the Commander-in-Chief, this CIC power is given by the

Constitution for the state to protect itself. It is present so that the president may use this power to protect the state.

Question:Is the suspension of writ of habeas corpus or proclamation of Martial Law is still effective as a tool of the state to protect

itself?

During Martial Law, NPAs were already almost inside the Metro Manila that is why Marcos suspended the Habeas Corpus in order

for the military to arrest and detain suspected people harming the state and question them. These people are within power or the

custody of the executive not the courts. Because the power of the courts when there is the suspension of the writ of Habeas Corpus

is suspended. That is how the power is wielded.

NOTE:If they are judicially charged they are no longer under the custody/power of the executive. They are now under the custody of

the judiciary. There's no suspension of the privilege of the writ of habeas corpus. The court will always say that there must be a

hearing why these persons are detained. (bec they are already judicially charged of rebellion/invasion)

With that the suspension of the privilege of the writ of habeas corpus is still effective with the said paragraph that they must be

judicially charge before the suspension of the habeas corpus be as effective to them.

Par 6:During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three

days, otherwise he shall be released.


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Thus, do you believe that the suspension of the privilege of the writ of the habeas corpus is still effective as a tool for the protection of

the state?

QUESTION:Do you believe that Marcos proclaimed Martial Law or suspended the privilege of the writ of habeas corpus to protectthe state? Was the proclamation of Martial Law really to protect the state?

New Martial Law Doctrine

In 1987 Constitution:

1) Narrowed the grounds for the imposition of martial law and suspension of the privilege of the writ of habeas corpus to

invasion and rebellion. (Before insurrection, rebellion, invasion or iminent danger thereof)

2) Limited the discretion of the President and put it under the review powers of the Congress and the Supreme court

Review Powers of Congress (Sec 18, within 48 hours upon the suspension of the WHC and the declaration of Martial law the

Pres must report to congress and Congress may or may not discontinue the initiative of the President or they may extend.)3) Projected the bulk of Martial law jurisprudence.

Prior to the 1987 Constitution (1935 & 1973), the President could suspend the privilege and impose martial law for an indefinite

duration and the Congress had no power to curtail him or to review his decision but under the 1987 the decision is for a period not

exceeding 60 days.

Under the previous constitutions, the role of the SC was not specified. But under the 1987 Constitution specifically in Section 18

Article 7, "the SC may review, upon the petition of any citizen the legal basis of the proclamation in an appropriate proceeding filed by

any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the

extension thereof, and the decision must be promulgated within thirty days from its filing.

Sec 18 is related to Sec 13 Art 3 in so far as bail is concerned because under Sec 13 when the PWHC is suspendend the right to bail

is not suspended. The right to bail cannot be suspended.

The narrowing of the grounds for the suspension of the privilege and for the imposition of ML is discussed under Art 3 Section 15

which explicitly says that "the privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion

when the public safety requires it".


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ADDITIONAL INFO:The period of martial law or suspension of writ of habeas corpus is limited to a period not exceeding sixty (60)

days.

A further safeguard is that a state of martial law requires the concurrence of Congress, which may by a majority vote, with bothhouse voting jointly, revoke the declaration of martial law or the suspension of the writ of habeas corpus. Congress may also extend

such proclamation or suspension, for a period to be determined by its members, if the invasion or rebellion shall persist and public

safety requires it. In addition, the declaration or suspension is subject to review by the Supreme Court in an appropriate proceeding

filed by any citizen.

Also, the Constitution shall continue to function and Congress and civil courts shall remain in operation, with the further qualification

that no jurisdiction shall be conferred on military tribunals when such courts are open and functioning. This provision was added to

prevent the creation of the so-called kangaroo courts which were prevalent during the martial law years.

SECTION 19.Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves,

commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Three Limitations on the power of Executive Clemency

1) It cannot be exercised over cases of impeachment

2) (Reprieves, commutations, and pardons, and remission of fines and forfeitures can be given only) it can only be exercise

"after conviction by final judgement" (i.e. Erap)

3) Grant amnesty must be with the concurrence of "a majority of all the Members of the Congress".

In addition, under Article 9, Section 5C on COMELEC, the provisions which says that, "No pardon, amnesty, parole, or suspension of

sentence for violation of election laws, rules, and regulations shall be granted by the President without the favourable

recommendation of the COMELEC".


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SECTION 20: The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior

concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within

thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decision on

applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which

would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

***This is connected with the Contracting Power of the President.

This is again reaction during the Marcos regime, because during that time the Monetary Board does give not contract sign to the

President for the loans and the like.

SECTION 21:No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the

Members of the Senate.

Under the 1935 and 1973 Constitutions, legislative concurrence (By the Senate) was needed only in treaties. But under 1937

Constitution, it requires the concurrence of the Senate in treaties and "international agreements", even in the executive agreements.

SECTION 22.The President shall submit to the Congress, within thirty days from the opening of every regular session as the basis of

the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed

revenue measures.

In this case PNOY submitted thru Abad, a day after the SONA the Budget (2.268 Trillion PhP) on July 23.

SECTION 23:The President shall address the Congress at the opening of its regular session. He may also appear before it at any

other time.

***State of the Nation Address

QUESTIONS

There are two sources of revenues, BIR and CUSTOMS. The 2 Trillion Php Budget does not indicate progress. All countries not only

Philippines have sufficient budgets. Every country resorts from local and foreign borrowing. The amount of value is not the indication

of a progressive economy.


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LARA: "What the government can do is use well the borrowed funds. If the government uses the budget well, the purpose of budget

will be served."

Highest Budget Allocation is the Department of Education under the Constitution.

article vii phil consti lecture

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