The Philippine Government 123
The Philippine Government 123
This paper discusses the three departments of the Philippine Government (legislative, executive, and
judicial department) and three Constitutional Commissions, the principles and doctrines underlying
their structure and composition, and their respective roles, powers, and functions. The paper
basically discusses the Constitution of Government.
1. Explain the basic political law doctrines involving the Philippine Government;
3. Identify and compare the respective roles, functions and composition of the branches of the
government; and
4. Explain and distinguish the powers, functions, and jurisdiction of the three Constitutional
Commissions.
PRELIMINARIES
SEPARATION OF POWERS
The Doctrine of Separation of Powers entails: first, the division of the powers of the government into
three, which are legislative, executive, and judicial; and second, the distribution of these powers to
the three major branches of the government, which are the Legislative Department, Executive
Department, and the Judicial Department. Basically, it means that the Legislative Department is
generally limited to the enactment of the law and not to implementation or interpretation of the
same; the Executive Department is generally limited to the implementation of the law and not to the
enactment or interpretation of the same; and the Judicial Department is generally limited to the
interpretation and application of laws in specific cases and not to the making or implementation of
the same.
Presidential System
The Philippines has a presidential form of government because it observes the principle of separation
of powers. The ordinary connotation of presidential system is that it is headed by a president, as
distinguished from a parliamentary system which is headed by a prime minister. The real essence,
however, of the presidential system and that which distinguishes it from the parliamentary is its
strict observance of the separation of powers. Under the presidential system, any governmental act
in violation of the said doctrine is null and void. The government is divided into three branches and
each is limited to the power delegated to it. On the contrary, under the parliamentary form, the
legislative and executive branches are “coordinate branches” so that the two organs are fused
together as one body performing both legislative and executive functions. The Prime Minister, for
example, is chosen from among the lawmakers in the parliament to become the head of the state. His
term is at the pleasure of the parliament, thus, making the executive branch intrinsically merged
with the legislative.
Legislative Power
1. Meaning. The word “legislative” is derived from the Latin “lex” which means “law.” In general,
legislative power refers to the power to make and unmake laws. Laws are rules or collection of rules,
whether written or unwritten, prescribed under the authority of a political society for the common
good. The “Legislative Department” (Legislature) is the law-making branch of the government.
2. Delegation to the Congress. Fundamentally, legislative power is an attribute of sovereignty, in that
the Constitution itself, the fundamental law of the State, is a legislation of the sovereign people.
However, through the Constitution, the people “delegated” the legislative power to the Congress of
the Philippines. Section 1, Article VI states that “Legislative power shall be vested in the Congress of
the Philippines…” The delegation of power entails a surrender of authority to the representatives, or
in the case of legislative power, to the Congress. Thus, law-making can only be performed by the
Congress, even if the law it enacts involves the people.
3. Reservation to the People. The Constitution, however, makes a reservation as to the delegation, in
that it explicitly states: “… except to the extent reserved to the people by the provision on initiative
and referendum.” In other words, there is no complete delegation of law-making power to the
Congress, as the power is reserved to the people in cases of initiative and referendum. Thus, laws are
made or unmade, first, by the Congress in the form of “statutes,” and second, by the people in
initiatives and referendums; legislative power is exercised by the Congress and the sovereign Filipino
people.
4. Legislative Power as Exercised by Congress. Legislative power as exercised by Congress manifests
itself more specifically in the Constitution as “power of appropriation,” “power of taxation,” and
“power of concurrence.”
(a) Power of Appropriation. Section 29 (1), Article VI speaks of the power to appropriate. It states,
“No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.”
Appropriation means the authorization by law for the use of a certain sum of the public funds. An
appropriations law is necessary before public funds may be spent by the government for its projects.
The government needs money in all its activities and projects so that the power of appropriation, also
known as the “power of the purse,” is said to be one of the most important prerogatives of the
Congress.
(b) Power of Taxation. The power, which is one of the inherent powers of the state, is generally
exercised by the legislative department. The Constitution limits such power as follows: “The rule of
taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.”
As was discussed in Chapter 4, taxation must be uniform, equitable, and progressive. Any law passed
by the Congress contrary to this provision is null and void.
(c) Power of Concurrence. Section 21, Article VII states that “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.” This refers to the power of concurrence of the Congress in which no treaty can become
binding and effective as a domestic law without the two-thirds concurrence of the Members of the
Senate.
Non-Delegation of Powers
1. Meaning and Explanation. The Congress cannot further delegate the power delegated to it by the
people. This is in keeping with the principle of non-delegation of powers which is applicable to all the
three branches of the government. The rule states that what has been delegated cannot further be
delegated – potestas delegata non delegari potest. A delegated power must be discharged directly by
the delegate and not through the delegate’s agent. It is basically an ethical principle which requires
direct performance by the delegate of an entrusted power. Further delegation therefore constitutes
violation of the trust reposed by the delegator on the delegate. The people, through the Constitution,
delegated lawmaking powers to the Congress, and as such, it cannot as a rule delegate further the
same to another.
2. Exceptions. In order to address the numerous and complex demands of legislative function, the
Constitution provides exceptions to the rule. Further delegation is permitted in the following cases:
(a) Delegation to the people at large. The Congress further delegates its legislative power by allowing
direct legislation by the people in cases of initiative and referendum;
(b) Delegation of emergency powers to the President. Section 23 (2), Article VI of the Constitution
states that “in times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy.” Emergency powers are delegated to the
President by the Congress to effectively solve the problems caused by war or other crisis which the
Congress could not otherwise solve with more dispatch than the President;
(c) Delegation of tariff powers to the President. Section 28 (2), Article VI of the Constitution states
that “the Congress may, by law, authorize the President to fix within specified limits, and subject to
such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage
and wharfage dues, and other duties or imposts within the framework of the national development
program of the Government.” Tariff powers are delegated to the President by the Congress to
efficiently and speedily solve economic problems posed by foreign trade which the Congress could
not otherwise address with more dispatch than the President;
(d) Delegation to administrative bodies. The Congress delegates the so called “power of subordinate
legislation” to administrative bodies. Due to the growing complexity of modern society, it has
become necessary to allow specialized administrative bodies to promulgate supplementary rules, so
that they can deal with technical problems with more expertise and dispatch than the Congress or
the courts. Regulations or supplementary rules passed by the administrative bodies are intended to
fill-in the gaps and provide details to what is otherwise a broad statute passed by Congress. For the
rules and regulations to be valid and binding, they must be in accordance with the statute on which
they are based, complete in themselves, and fix sufficient standards. If any of the requirements is not
satisfied, the regulation will not be allowed to affect private rights; and
(e) Delegation to the local governments. This delegation is based on the principle that the local
government is in better position than the national government to act on purely local concerns.
Legislative power is therefore given to them for effective local legislation.
Party-list Representation
1. Meaning and Purpose. The party-list system aims at establishing representation of the
underprivileged. It is a social justice tool designed not just to make the underprivileged mere
beneficiaries of law but to make them lawmakers themselves. It opens up the political system to the
prejudiced and underrepresented sectors of the society. Under the present rule, however, party-list
representatives need not represent only the marginalized and the underrepresented; national
political parties can participate through their sectoral wings provided they are registered separately
in the COMELEC. Party-list representatives after all may represent not just a marginalized or
underrepresented sectors but also “ideologies” germane to democracy.
2. Parameters for Allocation of Seats. As to the allocation of seats of party-list representatives in the
House of Representatives, the parameters are:
(a) Twenty percent allocation in the House (Sec. 5(2), Art. VI);
(b) To qualify to a seat, at least two percent of the votes is casted on the party;
(c) A qualified party is entitled to a maximum of three seats; and
(d) Proportional representation as to the number of additional seats vis-à-vis the total number of
votes cast.
1. Kinds of Session. The Congress has regular sessions and special sessions. On the one hand, the
regular sessions are conducted once a year starting on the fourth Monday of July and continue as
long as the Congress deems it necessary but only until thirty days before the next regular session. On
the other hand, special sessions are conducted anytime upon the call of the President on subjects he
wishes to consider. This can last for as long as the Congress wants.
2. Quorum. In order to transact business during its regular or special sessions, each House must
meet the quorum or majority of the body. One half of the members plus one is the majority. No law
can be passed or a legislative function discharged unless the quorum is reached. In determining the
quorum, however, members who are abroad, suspended or otherwise prevented from participating
are not counted. Only those who are in the Philippines and on whom the Congress has coercive
power to enforce its authority and command are counted. For example, if one of the members of the
Senate is outside the Philippines, the base number is twenty three because the Senator abroad is not
counted. The quorum is therefore twelve since it is the majority of twenty three.
3. Recess. Thirty days before the next regular sessions, the Congress shall have its compulsory recess
or adjournment. But each House can adjourn for a voluntary recess provided that the consent of the
other House is obtained if the adjournment is for three days or to any other place than that to which
the two Houses are sitting.
Parliamentary Immunities
1. Meaning. Parliamentary immunity refers to the privilege given to Members of the Congress
intended to ensure their effective discharge of legislative functions and maintenance of
representation in the Congress.
2. Two Kinds of Immunity. The Constitution provides two kinds of immunities: “immunity from
arrest” and “privilege of speech and debate.” Section 11, Article VI states: “A Senator or Member of
the House of Representatives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session. No Member shall be
questioned nor be held liable in any other place for any speech or debate in the Congress or in any
committee thereof.”
(a) Immunity from arrest refers to the freedom of Senators and Members of the House of
Representative from arrest while the Congress is in session, whether regular or special, from the time
it convenes until its final adjournment. The offense, however, of which the arrest is made must not
be punishable for more than six years of imprisonment. For example, if Senator Pedro is charged for
the crime of simple theft while the Congress is still in session, he cannot be arrested because simple
theft is not punishable for more than six years of imprisonment. But if he is charged for rape, he may
be arrested even though the Congress is in session because rape is punishable by more than six years
imprisonment.
(b) Privilege of speech and debate refers to the freedom of Senators and Members of the House of
Representatives from being questioned or held liable in any place for any speech or debate in the
Congress or in any committee thereof. This is to give leeway to the members of the Congress to
express their ideas without fear of being held liable in the courts of justice for the effective discharge
of their duties. It must be noted, however, that the privilege is effective only in speeches and debates
made in the Congress or in those uttered by the legislator in his capacity as member of the Congress.
Moreover, although the legislator cannot be held liable before the courts, he could be held liable in
the Congress itself for words or conduct unbecoming of a member. For example, if Congressman
Pedro, during his speech before the House, uttered unsavory remarks against a fellow member, he
cannot be charged for libel before the courts but he can be made liable in the House itself for words
or conduct unbecoming of a member of the House.
1. Conflict of Interest. The Constitution demands transparency in the Congress, particularly in the
financial and business interests of its members, in order for the legislature to be aware of a “potential
conflict of interest.” Potential conflict of interest happens when a legislator derives financial
advantage from a law which he legislates or was legislated during his term and the body was not
notified of such conflict. It constitutes betrayal of public trust in that the personal interest of the
legislator is placed over that of the public. Note however that the legislator can still propose a law
even if there is a potential conflict of interest for as long as he has notified the body about it. The
purpose therefore of this requirement is to allow the House to better examine the legislation vis-à-vis
the legislator.
2. Incompatible Office. In keeping with doctrine of separation of powers, the Constitution provides
that “no Senator or Member of the House of Representatives may hold any other office or
employment in the Government, or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries, during his term without
forfeiting his seat.” This disqualification refers to the “incompatible office” which is any other office
in the government that if held by a member of the Congress would result to the forfeiture of his seat
in the Congress. The provision allows a member to hold an incompatible office but the result is the
automatic forfeiture of his seat. For example, if during the term of Senator Pedro he becomes the
head of a government-owned and controlled corporation, he will no longer be Senator because of the
automatic forfeiture, the GOCC being an incompatible office.
3. Forbidden Office. Another disqualification involves the so-called “forbidden offices” or offices
which have been created or the emoluments of which were increased while the legislator was a
member of the Congress. The purpose of this disqualification is to prevent legislators to create an
office or to increase its emoluments for personal gain. Pursuant to this disqualification, a Senator, for
example, cannot be appointed to a civil or military office which was created while he was still a
senator. The disqualification lasts for the entire six-year term even if the member resigns before the
end of his term.
Independent Bodies
1. The Constitution creates two independent bodies in the Congress especially to perform non-
legislative functions and to check the appointing power of the Chief Executive, to wit: (a) the
Electoral Tribunals and (b) Commission on Appointments. Although majority of their members
come from the Congress, they considered independent bodies in that they have the exclusive right to
prescribe their own rules of procedure, they have their own set of employees who are under their
control and supervision, and they have their own function distinct from that of the Congress.
2. Electoral Tribunal. To ensure fairness and impartiality in deciding election contests involving
members of the Congress, each House in the Congress shall have an Electoral Tribunal: the “Senate
Electoral Tribunal” in the Senate, and “House of Representatives Electoral Tribunal” in the House of
Representatives. Each Electoral Tribunal shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective Members. Each shall be composed of nine
members, three are Justices of the Supreme Court, and six are members of the Senate or the House
of Representatives, as the case may be. The Chairman shall be the senior Justice. While the member
Justices are designated by the Chief Justice of the Supreme Court, the six other legislator members
are chosen on the basis of proportional representation from political parties and party-list
organizations (duly registered under the party-list system) in the Congress. Thus, if there is an
election contest, for instance, involving the qualifications of Congressman Juan, the case shall be
decided by the House of Representatives Electoral Tribunal which is the sole judge of election
contests involving the Members of the House of Representatives.
3. Commission on Appointments. Another independent body in the Congress is the Commission on
Appointments which was created to check the appointing power of the President, specifically in
appointments to importance offices in the government. It consists of twenty five members: the
Senate President, as ex officio Chairman, twelve Senators, and twelve Members of the House of
Representatives. The Senators and Members of the House are elected by their respective Houses
based on proportional representation from the political parties and party-list organizations (duly
registered under the party-list system) in the Congress. The function of the Commission is to approve
or disapprove the nominations submitted to it by the President to appointments that require its
approval. For example, before a Cabinet Member may be appointed, the President must first submit
his nomination for approval to the Commission on Appointments. With the approval, there could be
no appointment.
Presidential Privileges
1. Meaning. Presidential privilege refers to an immunity or privilege granted to the President
intended for the effective performance of his executive functions and duties.
2. Kinds. The President is granted the privilege of immunity from suit and executive privilege.
(a) Immunity from suit means that the President cannot be sued, if he invokes such privilege, for any
civil or criminal action during his tenure. In one case, the Court said that “the rationale for the grant
of the privilege of immunity from suit is to assure the exercise of the Presidential duties and
functions free from any hindrance or distraction, considering that being the Chief Executive of the
Government is a job that, aside from requiring all of the office-holder’s time, also demands
undivided attention.” After his tenure, however, the President can no longer invoke immunity for
non-official acts.
(b) Executive privilege refers to the power of the President to withhold confidential information from
the other branches of the Government and the public. Among these types of information covered by
the privilege are: (i) conversations and correspondence between the President and the public officials
(covered by E.O. 464); (ii) military, diplomatic, and other national security matters which in the
interest of national security should not be divulged; (iii) information between inter-government
agencies prior to the conclusion of treaties and executive agreements; (iv) discussion in close-door
Cabinet meetings; and (v) matters affecting national security and public order. These types of
information are closed or withheld from the other branches and the public because they are crucial
for the exercise of executive functions and to prevent the potential harm resulting from the
disclosure of the same. Thus, the President and the Cabinet Members, for instance, can invoke
executive privilege even in the Congress during legislative investigations.
Qualifications, Manner of Election, and Term
1. The President. The Constitution provides the qualifications, manner of election, and term of the
President as follows:
(a) Qualifications. Section 2, Article VII of the Constitution provides the qualifications of a President,
to wit: (i) he must be a natural-born citizen of the Philippines; (ii) a registered voter; (iii) able to read
and write; (iv) at least forty years of age on the day of the election; and (v) a resident of the
Philippines for at least ten years immediately preceding such election.
(b) Manner of Election. He is elected at large by the direct vote of all qualified citizens.
(c) Term. His term is six years, for which he cannot seek for reelection. He may be removed from
office through “impeachment.”
2. The Vice-President. Section 3, Article VII states that the Vice-President has “the same
qualifications and term of office as the President,” for the reason that his primary role is to succeed
the President in case of vacancy due to the latter’s death, permanent disability, or resignation. He
may also be removed from office in the same manner as the President. However, the Vice-President
may serve for two consecutive terms.
3. When Qualifications must be Present. It must be noted that the qualifications must be present on
the day of the election and not on the day of filing the Certificate of Candidacy or the day of
proclamation of the President-elect. Thus, one can still run for President even if he is still thirty nine
years old on the day of filling the certificate of candidacy, for as long as he is forty years old on the
day of the election. Worthy of note also is the Constitutional limitation on the term of the President,
that is, he cannot seek for reelection. The manifest purpose of this is to prevent despotism and to
protect the highest public official from being consumed by the overwhelming powers of Presidency.
Presidential Succession
1. Two Rules on Presidential Succession. Section 7 and Section 8, Article VII prescribe the rules for
presidential succession or the manner of filling a vacancy in the presidency. Section 7 talks of
succession when vacancy happens at the start of the term of the President-elect, while Section 8 talks
of succession when vacancy happens at the mid part of the term of the incumbent President. These
rules are important because they provide immediate remedy for filling the vacancy in the highest and
most crucial seat of the land.
2. Succession at the Start of the Term. Under Section 7, Article VII, the rule is:
(a) The Vice-President becomes the Acting President in the event that the President-elect fails to
qualify, or when no President was chosen;
(b) The Vice-President becomes the President in the event that the President-elect dies or becomes
permanently disabled; and
(c) The Senate President or, in case of his inability, the House Speaker, becomes the Acting President
on the event that no President and Vice-President are chosen or qualified, or where both died or
become permanently disabled.
In the first case, the Vice-President acts as President until a President-elect is qualified and chosen.
In the second case, the Vice-President does not only act as President but becomes the President. And
in the third case, the Senate President or, in his inability, the House Speaker acts as President until a
President or a Vice-President are chosen and qualified.
3. No Presidential Hold-Over. Note well that the former President, whose term already expired, has
no right of “hold-over.” So as not to repeat the dictatorship of the past, the Constitution is strict with
the six-year term limit. No extensions are allowed, not even in a hold-over capacity. Thus, if no
President assumes office after the election, the former President is not allowed to continue
discharging the functions of the presidency.
4. Succession at the Mid-Part of the Term. Under Section 8, Article VII, the rule is:
(a) the Vice-President becomes the President for the unexpired term in case of the latter’s death,
permanent disability, removal from office, or resignation; and
(b) if the same happens to both the President and the Vice-President, then the Senate President or, in
case of his inability, the House Speaker, will act as President until the President or Vice-President
will be elected and qualified.
5. Vacancy in the Office of the Vice-President. If the Office of the Vice-President is vacant as a
consequence of presidential succession, the President shall nominate a Vice-President from among
the Members of Congress who shall assume office upon confirmation of the Members of Congress.
For example, when former President Joseph Estrada was ousted from Malacanang through People
Power, he was succeeded by then Vice- President Gloria Arroyo. As a matter of course, the Office of
the Vice-President became vacant. Thus, the new President, Gloria Arroyo, nominated then Senator
Teofisto Ginggona for Vice-President whose nomination was confirmed by the Members of Congress.
Note that President Arroyo could have nominated any Member of the Congress, that is, either a
Senator or a Member of the House of Representatives for Vice-Presidency.
6. Temporary Disability of the President. And lastly, Presidential succession also happens when the
President is “temporarily disabled.” The temporary disability of the President, of which the public
must be informed, is determined by:
(a) the President himself through a written declaration transmitted to the Senate President and
House Speaker, in which case the Vice-President becomes the Acting President;
(b) majority of Cabinet Members through a written declaration transmitted to the two officials, in
which case the Vice-President becomes the Acting President; and
(c) 2/3 vote of both Houses of Congress, voting separately, in case there is a dispute between the
President and the Cabinet Members, in which case the Vice-President also becomes the Acting
President.
Presidential incapacity is said to be terminated when the President or his Cabinet Members transmit
to the Congress that the inability no longer exists, or in case the temporary disability was declared by
the Congress, when both Houses by 2/3 vote, each voting separately, declare the termination of
presidential incapacity.
The President of the Philippines has specific powers provided in the Constitution, to wit: (1)
appointing power; (2) power of control and supervision; (3) military power; (4) pardoning power; (5)
diplomatic power; (6) residual power; (7) delegated power; and (8) veto power.
1. Power of Appointment.
(a) Meaning. Appointment is one mode of putting a person in office in which an appointing authority
selects a person to discharge the functions of an appointive office. The power is exercised by the
President, although legislative and judicial officials can also appoint their respective personnel.
(b) Types of Appointment. There are four types of presidential appointments:
(i) Appointment by an Acting President ;
(ii) Temporary appointment ;
(iii) Regular appointment ; and
(iv) Ad interim appointment.
(c) Appointments Distinguished from Each Other. Appointment by an Acting President may be
revoked by the elected President within ninety days from his assumption or reassumption of office. If
it were not revoked, the appointment remains effective, as if it were the President-elect who made
the appointment. Temporary appointment is appointment made prior a presidential election that is
subject to a possible cancellation or revocation of the President-elect. As an exception to midnight
appointments, temporary appointments may be extended by an outgoing President to executive
positions when continued vacancies therein will prejudice public service or endanger public safety.
Regular appointment is presidential appointment made with or without the consent of the
Commission on Appointments. And Ad interim appointment is appointment made during the recess
of the Congress, whether voluntary or compulsory, which is effective until disapproved by the
Commission on Appointments or until the next adjournment of the Congress.
(d) Ad Interim Appointment vs. Regular Appointment. Ad interim appointment is different from
regular appointment, in that the purpose of the former is to prevent hiatus or lull in government
offices, while that of the latter is to simply fill an office in the ordinary course of business; an ad
interim appointee immediately assumes office, while a regular appointee does not, since
confirmation by the Commission on Appointments is still required. Moreover, an ad interim
appointment is different from temporary appointment. Although the former is subject to the
revocation of the Congress (through the Commission on Appointments), it is not temporary because
it takes effect immediately and cannot be revoked or withdrawn by the President if the ad interim
appointee is qualified. In fact, ad interim appointment is permanent and its subsequent disapproval
does not change its nature. Lastly, an ad interim appointment is different from appointment in
acting capacity, in that the former requires confirmation of the Commission on Appointments, while
the latter does not; the former is permanent, while the latter is temporary; and the former is made
during recess, while the latter in made either during recess or not.
(e) Appointments Requiring Confirmation. Section 16, Article VII provides an exclusive list of
Presidential appointees whose appointments require the confirmation of the Commission on
Appointments. These officials are: (1) the department secretaries, ambassadors, other public
ministers and consuls; (2) officers of the armed forces from the rank of colonel or naval captain; (3)
other officers whose appointments are vested in him in the Constitution; (4) 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; and (5) the heads of departments, agencies, commissions, boards,
those lower in rank in the President. Members of the Constitutional Commissions and regular
members of the Judicial and Bar Council are officers whose appointments are vested in him in the
Constitution. The list is exclusive, thus, other appointments by the President do not require consent
of the Commission on Appointments.
The appointees are subject to the control of the President in line with the doctrine of the qualified
political agency. The President has the power to change and set-aside their acts.
2. Power of Control and Supervision.
(a) Control. The President has control over all executive departments, bureaus, and offices; as chief
administrator, he has the primary duty to ensure that the laws are faithfully executed. Power of
control refers to the power of the President, being the Chief Executive, to alter, modify or set aside
the acts of his subordinates and substitute his judgment for that of the latter. His subordinates
include the Cabinet Members or heads of the executive departments, heads of bureaus and offices,
and their subordinates and assistants. The Cabinet Members are alter egos of the President as
enunciated in the doctrine of qualified political agency; thus, the President has the power to alter or
set aside their acts. Moreover, the power of control is connected to the appointing power of the
President. Just as he can put people to appointive positions, he can also investigate, discipline,
suspend, and remove them when they become inefficient or corrupt.
(b) Supervision. The power of control includes the power of supervision. The power of supervision
refers to the authority to oversee a subordinate officer and to see to it that he performs his functions
and duties in accordance with law. It generally includes the power to investigate. It must be noted
that the power of control is broader than the power of supervision, since the former includes the
latter. The President has power of supervision over local government units, in which he can
investigate and see to it that they perform their duties in accordance to established laws. He does
not, however, have power of control over them, so that he cannot change their acts or substitute his
judgment for their judgment.
3. Military Powers.
The President is granted military powers, the primary purpose of which is to maintain civilian
supremacy over the military. The power includes: (a) calling-out power; (b) power to suspend the
privilege of the writ of habeas corpus; and (c) power to declare martial law.
(a) President as Commander-in-Chief. Section 18, Article VII states that the President is the
Commander-in-Chief of the 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. As the
highest civilian officer, the President is also the highest military authority. This is so because civilian
authority should, at all times, be supreme over the military in the democratic, republican
Philippines. The military is the single most power institution equipped by law to use violence and
force. Thus, to prevent military takeover, the fundamental law makes a civilian the commander-in-
chief of the military. Although the President lacks military training, the ideals of democracy dictate
that he should possess the tremendous power of controlling and directing the military even in times
of war. While he may delegate to, and ask advice from, military men, the ultimate authority to direct
and call out the armed forces is with him. Not even the courts can question him in exercise of this
prerogative of calling the armed forces to prevent or suppress lawless violence, invasion or rebellion.
(b) Suspension of the Privilege of Habeas Corpus. Section 18, Article VII also expressly gives the
President the power to suspend the privilege of the writ of habeas corpus. The writ of habeas corpus
is a written order issued by the court directing a person detaining another to produce (habeas) the
body (corpus) of the latter and to explain before the court his authority for detaining the latter.
Habeas corpus is a special proceeding which provides speedy remedy for the immediate release of an
unlawfully detained person. Thus, a person who was arrested and detained without a valid warrant
may file a petition for habeas corpus for his immediate release, after the judge determines that there
is no valid ground for his detention. Under Section 18, this “privilege” of habeas corpus may be
suspended by the President in case of invasion or rebellion, and when public safety requires it. The
rationale for such power is to allow the President to expediently reestablish peace and order by
detaining apparent offenders without the hindrance or threat of their immediate release. Note,
however, that what is suspended is the “privilege,” not the right to file the petition for habeas corpus.
Thus, even when the President suspends the privilege, persons unlawfully detained may still file a
petition for habeas corpus. Only the privilege of immediate release is suspended.
(c) Martial Law. The power to declare martial law is likewise expressly granted in Section 18. Martial
law, within the Constitutional context, means temporary military rule especially declared not to
replace civilian authority but to help it recover in case of invasion or rebellion, and when public
safety requires it. Martial law, unlike a military takeover, does not suspend the operation of the
Constitution and guarantee for respect of human rights. It is not permanent; it is declared only for a
limited duration, that is, for not more than sixty days. In addition, the President must also report in
writing to the Congress within forty eight hours from proclamation, and the Congress may conduct
special sessions even without the call of the President. As far as the courts are concerned, the military
courts do not acquire jurisdiction over cases involving civilians if civil courts are still able to function.
These constitutional limitations are intended to uphold democracy and civilian supremacy in the
Philippines, as well as to prevent the rise of an abusive military regime that does not respect due
process and takes for granted the liberties of the sovereign people.
(d) Comparison of the Military Powers. To compare the military powers of the President, it must be
noted that the power to declare martial law and the power to suspend the privilege of the writ of
habeas corpus are the greater powers since it curtails the freedoms and civil liberties of the citizens.
The calling out power is said to be lesser or benign power, in that it has no such effect. Thus, the
Constitution limits the former powers by making them susceptible to review by the courts, whereas
the calling out power is exercised by the President with full discretion and wisdom as the
commander-in-chief of armed forces, not subject to judicial review.
4. Pardoning Power.
The pardoning power of the President refers to the exercise of executive clemency. It includes: (a)
pardon; (b) commutation; (c) reprieve; (d) amnesty; and (e) parole.
(a) Pardon is an act of grace which exempts an individual from serving his sentence or punishment
which the law inflicts for the crime he committed. It forgives the offender by not letting him pay for
the crime he committed. For pardon to be given, a person must first be declared guilty of a crime by
final judgment of the court, and the President thereafter extends pardon. Instead of making him
serve his sentence, the President exempts him through his personal act of grace. What the convict is
exempted from is criminal liability not civil liability.
There are two kinds of pardon: absolute and conditional. Absolute pardon is one that absolves the
convict from criminal liability without any conditions whatsoever, while condition pardon absolves
the convict from criminal liability under the penalty of recommitment to prison in case any condition
provided is violated.
It must be remembered, however, that pardon cannot be granted in cases of impeachment; or in
violations of election laws without favorable recommendation of the COMELEC; or in cases of
legislative contempt or civil contempt; or can it restore forfeited public offices.
(b) Commutation refers to reduction or mitigation of the penalty. For example, instead of serving ten
years of imprisonment, reduction has the effect of reducing the penalty to five years, for instance, at
the discretion of the President.
(c) Reprieve refers to the postponement of sentence or stay of execution. This was applicable when
death penalty was still effective. For instance, the execution of a death convict may be postponed by
the President to another date if he extends reprieve.
(d) Parole is probational release from imprisonment. It is given to a convict who has served the
minimum sentence of his penalty and has acted in good behavior inside the penal institution. Parole
does not fully restore the freedom of the parolee since he is still in the custody of the law although
not in confinement.
(e) Amnesty is an act of grace by the President extended to groups of persons who committed
political offenses. It requires the concurrence of the legislature and puts into oblivion the offense
itself. It is distinguished from pardon, in that: the former forgives political offenses (such as treason
and rebellion) deemed expedient for the public welfare than prosecution of the same, while the latter
forgives crimes against the peace of the state (such as homicide and murder); the former is usually
given to groups of offenders, whereas the latter is given to an individual; the former requires
concurrence of the Congress, while the latter does not; the former is a public act which the courts
takes judicial notice, whereas the latter is a private act of the President which must be pleaded by the
person pardoned for the court to take judicial notice; and the former looks backward and abolishes
the criminal and civil liability of the offenders, while the latter looks forward and relieves only the
criminal liability of the offender.
5. Diplomatic Powers.
The President has diplomatic powers because, as the head of the State, he is the spokesman of the
nation on matters of external affairs. “He may deal with foreign states and governments, extend or
withhold recognition, maintain diplomatic relations, enters into treaties, and otherwise transact with
the business of foreign relations,” The Constitution, however, limits this power of the President, as it
expressly states “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.” Thus, if the President, for instance, enters
into an international agreement with the United States of America for the establishment of civilian
rights mutually benefiting the citizens of both countries, then on the part of the Philippines, least
two-thirds of all the Members of the Senate must concur with the said international agreement.
6. Residual Powers.
The President, as the head of the State, is given residual powers. Under the presidential system, the
President is not a mere symbolic head; he is the chief executive granted with powers, so broad to
include even those not mentioned in the Constitution. “The powers of the President are not limited
to what are expressly enumerated in the article on Executive Department and in scattered provisions
of the Constitution.” He has unstated powers called “residual powers” which are implied from the
grant of executive powers and necessary for the exercise of his duties under the Constitution. It is
called “residual” because it is whatever power which the legislature or the judiciary does not possess
and which the President could, thus, legitimately exercise consistent with his functions. This is not to
foster another dictatorship or an unbridled exercise of power as was experienced during the Marcos
administration; nor is it a violation of the Constitutional intent to limit the specific powers of the
President to avoid another abusive regime (since appropriate measures are already provided in the
new Constitution). The grant of residual powers, rather, is just in recognition of the general grant of
executive power to the President.
7. Delegated Powers.
As previously discussed, the Congress can delegate legislative powers to the President, among which
are emergency powers (Section 23(2), Article VI) and tariff powers (Section 28(2), Article VI).
8. Veto Power.
The President exercises veto power in relation to his role of checking the power of the Congress. If he
thinks that a bill enacted by Congress should be disapproved, he exercises his veto power and returns
the same with his objections to the House of origin. As a general rule, the veto must pertain to the
entire bill, so that he is not allowed to veto separate items of the bill. The exception, however, is “item
veto” allowed in case of appropriation, revenue and tariff bill. The Constitution expressly provides
that “President shall have the power to veto any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.”
Jurisdiction
1. Meaning. Jurisdiction is the power and authority of the court to hear and decide cases. Judicial
power is exercised by the various courts within their respective jurisdictions, so that if judicial power
is exercised without or in excess of jurisdiction, then the decisions of the courts are said to be null
and void.
2. Role of Congress. The various courts have their respective jurisdiction. Each jurisdiction is
defined, prescribed, and apportioned by the Congress, except that of the Supreme Court whose
jurisdiction (as enumerated in Section 5, Article VIII) is Constitutionally prescribed so that it cannot
be lessened or taken away by the Congress.
3. Kinds of Jurisdiction. Jurisdiction could be “general or limited,” “original or appellate,” and
“exclusive or concurrent.” On the one hand, a court has a general jurisdiction when it is empowered
to hear and decide all disputes filed before it except those falling in the jurisdiction of other courts;
on the other hand, a court is said to have a limited jurisdiction if it can hear and decide specific cases
only. Example of a court of general jurisdiction is the Regional Trial Court, and an example of a court
of limited jurisdiction is the Court of Tax Appeals. Moreover, a court has an original jurisdiction, on
the one hand, if it is empowered to hear and decide cases filed for the first time, whereas a court has
appellate jurisdiction, on the other, if it can review a decision rendered by a lower court. The
Municipal Trial Court, for instance, has original jurisdiction over forcible entry cases, while the
Regional Trial Court has appellate jurisdiction to review the decisions of the Municipal Trial Court.
And lastly, a court has exclusive jurisdiction if it alone has authority to hear and decide a case filed
before it, while it has concurrent jurisdiction if other courts can hear and decide a case which could
be filed before it. For example, a Regional Trial Court acting as Family Courts has exclusive
jurisdiction over family cases, whereas it (Regional Trial Court) has current jurisdiction with the
Court of Appeals and Supreme Court over habeas corpus cases.
Guide Questions:
1. Explain the structure of the government using the doctrine of separation of powers.
2. Briefly compare the powers of the branches of the government. Then explain how they are related
with each other.
3. What is meant by a bicameral legislature? Give at least three advantages of bicameralism.
4. If there are 200 District Representatives, how many Party-List Representatives are required to
complete the Members of the House of Representatives?
5. If there are 215 Members of the House of Representatives, and 15 are abroad, what would
constitute the quorum?
6. A Bill of Local Application was submitted by Senator Wade to the Senate Secretary. It has passed
three readings in the Senate and then in the Congress. Thereafter, it was presented to the President
for approval, but the same was disapproved. The President vehemently objected to the validity of the
entire process.
Is the President correct?
7. What are congressional disqualifications? Give examples.
8. Concisely discuss the steps of how a bill becomes a law
9. Enumerate at least five powers of the President and briefly discuss each power.
1o. When the president dies, is permanently disabled, is impeached, or resigns, the Vice-President
becomes President for the unexpired term. However, if both the President and Vice-President die,
become permanently disabled, are impeached, or resigned, the Senate President shall act as
President until the President or VP shall have been elected and qualified.
If the Senate President becomes disabled, who will succeed?
11. Juan Dela Cruz was nominated by President Pedro Santos to the rank of naval captain in the
Armed Forces of the Philippines. His nomination has been confirmed by the Commission on
Appointments, and his appointment (by President Siuagan) followed thereafter. Juan Dela Cruz have
accepted the nomination with great pride and honor. The President reconsidered his appointment
after discovering that Mr. Dela Cruz has a criminal record. The President withdrew his appointment.
Is this allowed?
12. President Juan Masipag filed an application for appropriation, and in pursuance thereof money
was paid out of the National Treasury. It must be noted that the appropriation is for a public
purpose, and it is not for any specific sect, church, denomination.
Is there something wrong with the presidential appropriation?
13. Discuss briefly the hierarchy of courts in the Philippine Judiciary.
14. What is judicial review?
15. Concisely compare and distinguish the powers and functions of the three Constitutional
Commissions.