PAMANTASAN NG LUNSOD NG MAYNILAGRADUATE SCHOOL OF MANAGEMENT

NAME : ALEX S. REGADOCOURSE : DOCTOR OF PUBLIC MANAGEMENT (DPM)SUBJECT : ADMINISTRATIVE THEORY AND POLICY MAKINGTOPIC : The Legislative & Executive Department

INSTRUCTOR : Prof. Max Aljibe

Introduction:

In the Philippines the executive department is the mostessential core of the government. Governance is achievable evenwithout assembly or legislature but ruling with no executive isnear impossible. The executive is headed by a president, it is adepartment of government charged with the administration orimplementation of a policy or law.

In presidential system it is viewed as a weakling formof government in at least some Latin American countries likeCosta Rica, Chile and Venezuela. In this countries, it is arguedthat the position of the presidency is always challenged.Presidents to succeed in Latin American democracies must mobilizepopular support not only from the people but also from otherbranches of government. As one of the writer concluded:“presidential rule is not often equated with strong government.Effective executive power is almost indispensable if democracy isto thrive, yet the history of presidential democracies in LatinAmerica has often been one of the immobilized executives. Manystrong men ended their careers as weak presidents” (Mainwaringcited in Haque, 2001).

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In the Philippines alone, elected presidents haveexperienced difficulty in party legislation, without gettingpolitical support among members of Congress. So most often,elected presidents would always establish strong liaison orfollowing from members of the legislative branch to the extent ofsupporting and financing the candidacy of potential legislativepartners. Still yet, the President is the most important andinfluential leader of the country. The success of the statedepends on how effective the President has become in manipulatingother branches of government, albeit public criticisms and theintimidating presence of pressure or interest groups.

DIFFERENT BRANCHES OF THE PHILIPPINE GOVERNMENT

The structure of the Philippine government is divided into three branches:

the Legislative Department (Article 6); the Executive Department (Article 7 )7); and the Judicial Department (Article 8).

The Legislative Department was placed ahead of theexecutive department because it is the repository of the people’ssovereignty. It is composed of the Senate, which is the UpperHouse and Congress, being the Lower House.

THE PRINCIPLE OF SEPARATION OF POWERS

The powers of the government, by virtue of thisprinciple are divided into three (3) distinct classes: thelegislative, the executive and the judicial. They aredistributed, respectively among the legislative, executive, andjudicial branches or departments of the government.

Under the principle of co-equal and coordinate powersamong the three (3) branches, the officers entrusted with each of

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these powers are not permitted to encroach upon the powersconfided to the others. If one department goes beyond the limitsset by the Constitution, its acts are null and void. The adoptionof this principle was motivated by the belief that arbitrary rulewould result if the same person or body were to exercise all thepowers of the government.

PRINCIPLE OF CHECKS AND BALANCES

The three co-equal departments are established by theconstitution in as balanced positions as possible. To maintainthis balance or to restore it if upset, each department is givencertain powers with which to check the others.

Checks by thePresident

Checks by theCongress

Checks by theJudiciary

- may veto or disapprovebills enacted by theCongress (Sec. 27:1)

- through pardoning power,he may modify or setaside the judgments ofcourts (Art. VII, Sec19)

- Congress may override theveto of the President (Sec.27:1)

- Reject certain appointmentsof the President (Art. VII,Sec. 16)

- Revoke the proclamation ofmartial law or suspension ofthe writ of habeas corpus bythe President (Art. VII,Section 18)

- Amend or revoke the decisionof the Court by theenactment of a new law or byan amendment of the old

- The power to impeach thePresident and the members ofthe Supreme Court.

- the Supreme Court asthe final arbiter maydeclare legislativemeasures or executiveacts unconstitutional(Art. VIII, Sec 4:2)

- determine whether ornot there has been agrave abuse ofdiscretion amounting tolack or excess ofjurisdiction on thepart of the Congress orPresident (Art. VIII,Sec. 2:2)

ARTICLE VIA. THE LEGISLATIVE DEPARTMENT

Article VI, Sec. 1 (1987 Constitution)

The legislative power shall be vested in the Congress of thePhilippines, which shall consist of a Senate and a House of

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Representatives, except. to the extent reserved to the people bythe provision on initiative and referendum.

POWERS OF THE LEGISLATIVE BRANCH

Congress (Article 6)

1. THE POWER TO ENACT LAWS

2. Police Power

3. Power of Eminent Domain

4. Power of Taxation

5. The power to choose who shall become President in case of tie(Section 4, par.4)

6. The power to impose death penalty (Art. 3, Sec 19)

7. The power to act as a constituent assembly (Art. XVII, section1)

The power to declare the existence of war (Section 23)

9. The power to confirm the appointments of government officials(Section 19)

10. The power to ratify treaty (Art. 7, Section 21)

11. The power to conduct investigation in aid of legislation(Section 21)

12. Immunity from arrest for offenses punishable by not more thansix years imprisonment (Section 11)

13. The power to appropriate money (Section 24 & 25)

14. The power to impeach (Art. XI, Sec. 2)

IMPEACHMENT

Impeachment has been defined as a method of national inquest intothe conduct of public men. It is essentially in the nature of acriminal prosecution before a quasi-political court, institutedby a written accusation called “articles of impeachment” upon a

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charge of the commission of a crime or some official misconductor neglect.

OFFICIALS REMOVABLE BY IMPEACHMENT

1. The President and Vice-president

2. The Members of the Supreme Court

3. The members of the Constitutional Commissions

4. The Ombudsman

GROUNDS FOR IMPEACHMENTS

Culpable violation of the Constitution Treason Bribery Graft and Corruption Betrayal of Public Trust Other High Crimes

Classification of legislative power: (O De CO)

1. O riginal –Possessed by the people in their sovereigncapacity

2. De legated – Possessed by Congress and other legislativebodies by virtue of the Constitution

3. C onstituent – The power to amend or revise theConstitution

4. O rdinary –The power to pass ordinary laws

Limits on the legislative power of Congress

1. Substantive –limitations on the content of laws. e.g. no lawshall be passed establishing a state religion.

2. Procedural –limitations on the manner of passing laws. e.g.generally a bill must go through three readings on threeseparate days.

Corollaries of legislative power:

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1. Congress cannot pass irrepealable laws.

2. Congress, as a general rule, cannot delegate its legislativepower.

EXCEPTIONS:

1. Delegation of legislative power to local government units;

2. Instances when the Constitution itself allows for suchdelegation [see Art. VI Sec.23(2)]

What may Congress delegate:

Congress can only delegate, usually to administrative agencies,RULE-MAKINGPOWER or LAW EXECUTION. This involves either of twotasks for the administrative agencies:

1. “Filling up the details” on an otherwise complete statute; or

2. Ascertaining the facts necessary to bring a “contingent” lawor provision into actual operation.

Sections 2-4. SENATE Composition

24 senators who shall be elected at large by the qualified votersof the Philippines, as may be provided by law.

Qualifications

1. Natural-born citizen; 2. At least 35 years old on the day of election; 3. Able to read and write; 4. A registered voter; and 5. Philippine resident for at least 2 years immediatelypreceding the day of the election.

Note:The qualifications of both Senators and Members of the Houseare limited to those provided by the Constitution. Congresscannot, by law, add or subtract from these qualifications.

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Term of Office:

6 years, commencing (unless otherwise provided by law) at noon,30 June next following their election.

Term Limitations:

1. No Senator shall serve for more than 2 consecutive terms.2. Voluntary renunciation of office for any length of time shallnot be considered as an interruption in the continuity of hisservice for the full term for which he was elected.

Sections 5-7. HOUSE OF REPRESENTATIVES

Composition:1. Not more than 250 members, unless otherwise fixed by law; and2. Party-list Representatives.

Election of 250 members

1. They shall be elected from legislative districts apportionedamong the provinces, cities and the Metropolitan Manila area.

2. Legislative districts are apportioned in accordance with thenumber of inhabitants of each area and on the basis of auniform and progressive ratio.

Qualifications

Natural born citizen of the Philippines;2. At least 25 years old on the day of the election;3. Able to read and write;4. Registered voter in the district he seeks to represent; and5. A resident of such district for at least one year immediatelypreceding the day of the election.

Term of Office

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1. Each member of the House shall be elected for a term of three(3) years which shall commence (unless otherwise provided forby law) at noon on 30 June next following their election.

2. Voluntary renunciation of office for any length of time shallnot be considered as an interruption in the continuity of hisservice for the full term for which he was elected.

Term Limitations

No member of the House of Representatives shall serve for morethan three (3) consecutive terms.

Distinctions between Term and Tenure

1. Definition

a. Terms- means the period during which the elected officeris legally authorized to assume this officeand exercise the powers thereof.

b. Tenure- is the actual period during which such officeractually holds his position.

Limitation/Possible Reduction

a. Term CANNOT be reduced.b. Tenure MAY, by law, be limited.

Thus, a provision which considers an elective officeautomatically vacated when the holder thereof files a certificateof candidacy for another elective office (except President andVice-President) is valid, as it only affects the officers tenureand NOT his constitutional term.

Party-List Representative

1. Constitute 20% of the total number of representatives,including those under the

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party- list system (thus a maximum of 50 party-listmembers of the House)

2. However, for 3 consecutive terms from 2 February 1987 (i.e.,the 1987-92, 92-95and 95-98 terms), 25 seats shall beallotted to sectoral representatives. Under Art. XVIII, Sec.7, the sectoral representatives are to be appointed by thePresident until legislation otherwise provides.

3. Mechanics of the party-list system:

a. Registered organizations submit a list of candidates inorder of priority .

b. During the elections, these organizations are voted forat large.

c. The number of seats that each organization gets out ofthe 20% allotted to the system depends on the number ofvotes they get.

4. Qualifications

a. Natural born citizen of the Philippines b. At least 25 years of age on the day of the electionc. Able to read and write

SEC. 9. In case of vacancy in the Senate or in the House ofRepresentatives,

SPECIAL ELECTION may be called to fill such vacancy in themanner prescribed by law, but the Senator or Member of theHouse of Representatives thus elected shall serve only for theunexpired term.

SEC. 10. Salaries of Senators and Members of the House Determination of Salaries:

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Salaries of Senators and Members of the House of Representatives shall be determined by law.

Rule on increase in salaries:

No increase in their salaries shall take effect until afterthe EXPIRATION OF THEFULLTERM (NOT TENURE) OF ALL THE MEMBERSOF THE SENATE AND THEHOUSE OF REPRESENTATIVES APPROVING SUCHINCREASE. Note: Since the Constitution „provides for rules on“salaries” and not on „emoluments ‟our distinguishedlegislators can appropriate for themselves other sums of moneysuch as travel allowances, as well as other side „benefits.‟

SEC. 11: CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest:a. Legislators are privileged from arrest while Congressis “in session” with respect to offenses punishableby up to 6 years of imprisonment. Thus, whetherCongress is in regular or special session, the immunityfrom arrest applies

b. If Congress is in recess, members thereof may bearrested.

c. The immunity is only with respect to arrests and NOTto prosecution for criminal offenses.

2.) Legislative privilege:

a. No member shall be questioned or held liable in anyforum other than his/her respective Congressional bodyfor any debate or speech in the Congress or in anyCommittee thereof.

b . Limitation on the privilege:

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i) Protection is only against forum other thanCongress itself. Thus for inflammatory remarkswhich are otherwise privileged, a member may besanctioned by either the Senate or the House as thecase may be.

(ii) The „speech or debate‟ must be made inperformance of their duties as members of Congress.This includes speeches delivered, statements made,votes cast, as well as bills introduced, and otheractivities done in performance of their officialduties.

(iii) Congress need NOT be in session when theutterance is made, as long as it forms part of„legislative action,‟ i.e. part of the deliberativeand communicative process used to participate inlegislative proceedings inconsideration of proposedlegislation or with respect to other matters withCongress jurisdiction.

SEC. 12. All Members of the Senate and the House ofRepresentatives shall, upon assumption of office, make afull disclosure of their financial and businessinterests. They shall notify the House concerned of apotential conflict of interest that may arise from thefiling of a proposed legislation of which they areauthors.

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualification When applicable:

1. Senator/Member of the House cannot hold any other office oremployment in the Government or any subdivision, agency orInstrumentality thereof, including GOCCS or theirsubsidiaries. During his term. If he does so, he forfeitshis seats.

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2. Legislators cannot be appointed to any office . IF theoffice was created or the emoluments thereof increasedduring the term for which he was elected.

3. Legislators cannot personally appear as counsel before anycourt of justice, electoral tribunal, quasi-judicial andadministrative bodies. During his term of office.

4. Legislators cannot be financially interested direct orindirectly in any contract with or in any franchise orspecial privilege granted by the Government, or anysubdivision, agency or instrumentality thereof, includingany GOCC or its subsidiary. During his term of office.

5. Legislators cannot intervene in any matter before any officeof the government. When it is for his pecuniary benefit orwhere he may be called upon to act on account of his office.

SEC. 15: REGULAR AND SPECIAL SESSIONS Regular Sessions:

1.) Congress convenes once every year on the 4thMonday of July (unless otherwise provided for by law)

2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays.

Special Sessions:

Called by the President at any time when Congress is not in session.

SEC. 16. Officers:

1.) Senate President; 2.) Speaker of the House; and 3.) Each House may choose such other officers as it may deem necessary.

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By a majority vote of all respective members.

Quorum to do business:

1. Majority of each House shall constitute a quorum.2. A smaller number may adjourn from day to day and may compelthe attendance of absent members.

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

Internal Rules:

1. Each House shall determine its own procedural rules.

2. Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of powers, the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress.

3. Also, since Congress has the power to make these rules, it also has the power to ignore them when circumstances so require.

Discipline:

1.) Suspension a. Concurrence of 2/3 of ALL its members and b. Shall not exceed 60 days.

2.) Expulsion a. Concurrence of 2/3 of ALL its members.

Congressional Journals and Records:

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1.) The Journal is conclusive upon the courts. 2.) BUT an enrolled bill prevails over the contents of the

Journal. 3.) An enrolled bill is the official copy of approved

legislation and bears the certifications of the presiding officers of each House. Thus where the certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill.

Adjournments:

1.) Neither House can adjourn for more than 3 days during thetime Congress is in session without the consent of the other House.

2.) Neither can they adjourn to any other place than that where the two houses a resitting, without the consent of the other.

Section 17: THE ELECTORAL TRIBUNAL

Senate and the House shall each have an Electoral Tribunal which shall be composed of :

1.3 Supreme Court Justices to be designated by the Chief Justice; &

2.6 Members of the Senate or House, as the case may be. The Senior Justice in the Electoral Tribunal shall be its Chairman.

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Note: The congressional members of the ET‟s shall be chosen onthe basis of proportional representation from the politicalparties and party-list organizations.

Jurisdiction:

1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their respective members. This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner.

2.) An „election contest‟ is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner.

3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to expel itsown members or even to defer their oath-taking until their qualifications are determined may still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:

1.) Since the ET‟s are independent constitutional bodies,independent even of the House from which the members arerespectively taken, neither Congress nor the Courts mayinterfere with procedural matters relating to the functionsof the ET‟s, such as the setting of deadlines or filingtheir election contests with the respective ETs.

2.) The ETs being independent bodies, its members may notbe arbitrarily removed from their positions in the tribunalby the parties which they represent. Neither may they beremoved for not voting according to party lines, since theyare acting independently of Congress.

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3.) The mere fact that the members of either the Senate orthe House sitting on the ET are those which are sought to bedisqualified due to the filing of an election contestagainst them does not warrant all of them from beingdisqualified from sitting in the ET. The Constitution isquite clear that the ET must act with both members from theSC and from the Senate or the House. If all the legislator-members of the ET were to be disqualified, the ET would notbe able to fulfill its constitutional functions.

4.) Judicial review of decisions of the ETs may be had withthe SC only insofar as the decision or resolution wasrendered without or in excess of jurisdiction or with graveabuse of discretion constituting denial of due process.

Section 18: THE COMMISSION ON APPOINTMENTS

Composition:

1.) Senate President as ex-officio chairman;2.) 12 Senators; and3.) 12 Members of the House.

Voting/Action

1.) The chairman shall only vote in case of a tie.2.) The CA shall act on all appointments within 30 sessiondays from their submission to Congress.3.) The Commission shall rule by a majority vote of all theMember

Jurisdiction

1.) CA shall confirm the appointments by the President withrespect to the following

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positions: a. Heads of the Executive Departments (except if it

is the Vice-President who is appointed to thepost).

b. Ambassadors, other public ministers or consuls.c. Officers of the AFP from the rank of Colonel or

Naval Captain: andd. Other officers whose appointments are vested in

him by the Constitution( e.g. COMELEC members).

2.) Congress CANNOT by law prescribe that the appointment ofa person to an office created by such law shall be subjectto confirmation by the CA.

3.) Appointments extended by the President to the above-mentioned positions while Congress is not in session shallonly be effective until disapproval by the CA or until thenext adjournment of Congress.

Meetings of the CA

1.) CA meets only while Congress is in session.2.) Meetings are held either at the call of the Chairman or a

majority of all its members.3.) Since the CA is also an independent constitutional body,

its rules of procedure are also outside the scope ofcongressional powers as well as that of the judiciary.

Note: The ET and the CA shall be constituted within 30 daysafter the Senate and the House of Representative shall havebeen organized with the election of the President and theSpeaker.)

Sections 21-22: LEGISLATIVE INQUIRIES

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Scope:

1. Either House or any of their committees may conductinquires „in aid of legislation‟

2. “In aid of legislation” does not mean that there ispending legislation regarding the subject of the inquiry.In fact, investigation may be needed for purposes ofproposing future legislation.

3. If the stated purpose of the investigation is todetermine the existence of violations of the law, theinvestigation is no longer „in aid of legislation‟ but „inaid of prosecution. This violates the principle ofseparation of powers and is beyond the scope ofcongressional powers.

Enforcement:

1. Since experience has shown that mere requests forinformation does not usually work, Congress has theinherent power to punish recalcitrant witnesses forcontempt, and may have them incarcerated until such timethat they agree to testify.

2. The continuance of such incarceration only subsists forthe lifetime, or term, of such body. Once the body ceasesto exist after its final adjournment, the power toincarcerate ceases to exist as well. Thus, each „Congress‟of the House lasts for only 3 years. But if one isincarcerated by the Senate, it is indefinite because theSenate, with its staggered terms, is a continuing body.

4. BUT, in order for a witness to be subject to thisincarceration, the primary requirement is that the inquiry

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is within the scope of Congress‟ powers. i.e. it is in aidof legislation.

5. The materiality of a question is determined not by itsconnection to any actually pending legislation, but by itsconnection to the general scope of the inquiry.5. The powerto punish for contempt is inherent in Congress and thispower is suigeneris. It cannot be exercised by localgovernment units unless they are expressly authorized to doso.

Limitations:

1. The inquiry must be conducted in accordance with the „dulypublished rules of procedure‟ of the House conducting theinquiry; and

2. The rights of persons appearing in or affected by suchinquiries shall be respected. Ex. The right against self-incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equalswith those of the legislative department, under theprinciple of separations of powers, department heads cannotbe compelled to appear before Congress. Neither may thedepartment heads impose their appearance upon Congress.

2. Department heads may appear before Congress in thefollowing instances:a. Upon their own initiative, with the consent of thePresident (and that of the House concerned); or

b. Upon the request of either House (which cannot compelthem to attend)

3. The appearance will be conducted in EXECUTIVE SESSION

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when:a. Required by the security of state or required by public

interest; andb. When the President so states in writing.

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state ofwar)

1. 2/3 of both Houses, in joint session

2. Voting separately

Emergency powers:

1. During times of war or other national emergency, Congressmay, BY LAW, authorize the President to exercise powersnecessary and proper to carry out a declared nationalpolicy.

2. Limitations:a. Powers will be exercised for a limited period only; andb. Powers will be subject to restrictions prescribed byCongress

3. Expiration of emergency powersa. By resolution of Congress orb. Upon the next adjournment of Congress

Sections 24-27, 30-31 LEGISLATION Bills

that must originate from the House of Representatives(Section 24)

1. Appropriation bills

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2. Revenue bills3. Tariff bills4. Bills authorizing the increase of public debt5. Bills of local application6. Private bills

Appropriation bills

1. The primary and specific aim of an appropriation bill isto appropriate a sum of money from the public treasury.

2. Thus, a bill enacting the budget is an appropriationsbill.

3. BUT: A bill creating a new office, and appropriating fundstherefor is NOT an appropriation bill.

Note: The Senate may, however, propose or concur withamendments.

Revenue Bill

1. A revenue bill is one specifically designed to raise moneyor revenue through imposition or levy.

2. Thus, a bill introducing a new tax is a revenue bill, buta provision in, for instance, the Video gram RegulatoryBoard law imposing a tax on video rentals does not make thelaw a revenue bill.

Bills of local application

A bill of local application, such as one asking for theconversion of a municipality into capacity, is deemed to haveoriginated from the House provided that the bill of the Housewas filed prior to the filing of the bill in the Senate evenif, in the end, the Senate approved its own version.

Limitations:

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1. For appropriation bills:a. Congress cannot increase the appropriations recommendedby the President for the operation of the Government asspecified in the budget.

b. Each provision or enactment in the GeneralAppropriations Bill must relate specifically to someparticular appropriation therein and any such provisionor enactment must be limited in its operation to theappropriation to which it relates.

c. The procedure in approving appropriations for Congressshall strictly follow the procedure for approvingappropriations for other departments and agencies.

d. A special appropriations bill must specify the purposefor which it is intended and must be supported by fundsactually available as certified by the NationalTreasurer or to be raised by a corresponding revenueproposal therein.

e. Transfer of appropriations:i. Rule: No law shall be passed authorizing anytransfer of appropriations

ii. BUT the following may, BY LAW, be authorized toAUGMENT any item in the general appropriations lawfor their respective offices from savings in otheritems of their respective appropriations-President-President of the Senate-Speaker of the House ofRepresentatives-Chief of Justice of the SupremeCourt-Heads of the Constitutional Commissions

f. Discretionary funds appropriated for particular officials shall be:

i. Disbursed only for public purposes;ii. Should be supported by appropriate vouchers; and

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iii. Subject to guidelines as may be prescribed bylaw.

g. If Congress fails to pass General Appropriations Bill(GAB) by the end of any fiscal year:

i. The GAB for the previous year is deemed re-enacted

ii. It will remain in full force and effect until theGAB is passed by Congress.

2. For law granting tax exemption It should be passed with theconcurrence of a MAJORITY of ALL the members ofCongress.

3. For bills in generala. Every bill shall embrace only one (1) subject, as

expressed in the title thereof i. As a mandatory requirementii. The title does not have to be a completecatalogue of everything stated in the bill. It issufficient if the title expresses the generalsubject of the bill and all the provisions of thestatute are germane to that general subject.

iii. A bill which repeals legislation regarding thesubject matter need not state in the title that itis repealing the latter. Thus, a repealing clausein the bill is considered germane to the subjectmatter of the bill.

b. Readings

1. In order to become a law, each bill must pass three (3)readings in both Houses.

2. General rule: Each reading shall be held on separatedays & printed copies thereof in its final form shall be

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distributed to its Members three (3) days before itspassage.

3. Exception: If a bill is certified as urgent by thePresident as to the necessity of its immediate enactmentto meet a public calamity or emergency, the 3readings canbe held on the same day.

a. First reading – only the title is read; the billis passed to the proper committee

b. Second reading –Entire text is read and debatesare held, and amendments introduced.

c. Third reading –only the title is read, noamendments are allowed. Vote shall be takenimmediately thereafter and the yeas and naysentered in the journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to andsigned by the President.

2. If the President does not approve of the bill, he shall vetothe same and return it with his objections to the House fromwhich it originated. The House shall enter the objections inthe Journal and proceed to reconsider it.

3. The President must communicate his decision to veto within 30days from the date of receipt thereof. If he fails to do so,the bill shall become a law as if he signed it.

4. This rule eliminates the „pocket veto‟ whereby the Presidentwould simply refuse to act on the bill.

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5. To OVERRIDE the veto, at least 2/3 of ALL the members of eachHouse must agree to pass the bill. In such case, the veto isover- riden and becomes a law without need of presidentialapproval.

6. Item vetoa. The President may veto particular items in anappropriation, revenue or tariff bill.

b. This veto will not affect items to which he doesnot object.

c. Definition of item

TYPE OF BILL ITEM

1. Revenue/tax bill Subject of the tax and the tax rate imposedthereon

2. Appropriations bill indivisible sum dedicated to a statedpurposed.

Veto of RIDER

1. A rider is a provision which does not relate to a particularappropriation stated in the bill.

2. Since it is an invalid provision under Section 25 (2), thePresident may veto it as an item.

Specific limitations on legislation

1. No law shall be enacted increasing the Supreme Court’sappellate jurisdiction without the SC‟s advice and concurrence.

2. No law shall be enacted granting titles of royalty ornobility.

Section 28. POWER TO TAX Limitations:

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1) The rule of taxation should be UNIFORM.2) It should be EQUITABLE.3) Congress should evolve a PROGRESSIVE system of taxation.4) The power to tax must be exercised for a public purposebecause the power exists for the general welfare.

5) The due process and equal protection clauses of theConstitution should be observed.

Delegation of power to fix rates

1) Congress may, BY LAW, authorize the President to fix thefollowing:

a) Tariff ratesb) Import and Export Quotasc) Tonnage and wharfage duesd) Other duties and imposts Within the framework of the nationaldevelopment program of the Government

2) The exercise of such power by the President shall be withinthe specified limits fixed by Congress and subject to suchlimitations and restrictions as it may impose.

Constitutional tax exemptions:

1) The following properties are exempt from REAL PROPERTY taxesa) Charitable institutionsb) Churches, and parsonages or convents appurtenant theretoc) Mosquesd) Non-profit cemeteries; ande) All lands, buildings and improvements actually, directlyand exclusively used for religious, charitable, oreducational purposes.

2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONALinstitutions are exempt from taxes and duties PROVIDED thatsuch revenues and assets are actually, directly and exclusivelyused for educational purposes. (Art. XIV Sec 4 (3))3)Grants,

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endowments, donations or contributions used actually, directlyand exclusively for educational purposes shall be exempt fromtax. This is subject to conditions prescribed by law. (Art.XIV. Sec 4 (4))

Section 29. Power of the Purse

1) No money shall be paid out of the National Treasury EXCEPT inpursuance of an appropriation made by law.

a) This places the control of public funds in the hands ofCongress.

b) BUT: This rule does not prohibit continuingappropriations. e.g. for debt servicing. This is becausethe rule does not require yearly, or annual appropriation

2) Limitations.a) Appropriations must be for a PUBLIC PURPOSEb) Cannot appropriate public funds or property, directly orindirectly, in favor of (i) Any sect, church, denomination, or sectarian

institution or system of religion or (ii) Any priest, preacher, minister, or other religious

teacher or dignitary as such. EXCEPT if the priest,etc is assigned to:-the Armed Forces; or -any penalinstitution; or -government orphanage; or –leprosarium

c) BUT the government is not prohibited from appropriatingmoney for a valid secular purpose, even if it incidentallybenefits a religion, e.g. appropriations for a nationalpolice force is valid even if the police also protects thesafety of clergymen.

d) ALSO, the temporary use of public property for religiouspurposes is valid, as long as the property is availablefor all religions

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3) Special Fundsa) Money collected on a tax levied for a special purposeshall be treated as a special fund and paid out for suchpurpose only.

b) Once the special purpose is fulfilled or abandoned, anybalance shall be transferred to the general funds of theGovernment

Section 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, the peoplecan directly propose and enact laws or approve or reject anyact or law or part thereof passed by the Congress or locallegislative body.

2) Required Petition

a) Should be signed by at least 10% of the total number ofregistered voters

b) Every legislative district should be represented by atleast 3% of the registered voters

c) Petition should be registered

B.Article VII: The Executive DepartmentThe President of the Philippines is the Chief Executive

and he is also called the head of state. A person can be electedpresident, if he is a natural born citizen, able to read andwrite and at least forty years of age. The Vice- President hasthe same qualification and term of office which is six years.They can also both be impeached. If the president is thecommander-in-chief of the AFP, the vice-president may beappointed as member of the Cabinet without any confirmation fromthe Commission on Appointments.

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The President is ban for any re-election while theVice-President shall not serve for more than two successive termsof office. President and Vice - President elected on separatetickets by popular vote for a single six-year term; election heldon 10 May 2010; Benigno Simeon Cojuangco Aquino declared winner andtook office on 30 June 2010; next election to be held in May2016. Jejomar Binay (since 30 June 2010) elected vice president;percent of vote Jejomar BINAY 41.6%, Manuel ROXAS 39.6%, sixothers 18.8%

Cabinet appointed by the President with consent ofCommission of Appointments. Embracing the concept of separationof powers, the constitution provides for a president, who issimultaneously head of government and chief of state, aseparately elected vice president, a bicameral legislature, andan independent judiciary. The constitution includes legislativeand judicial limits on the power of the president. The presidentcannot abolish Congress, and Congress can override a presidentialveto with a two-thirds majority vote. Moreover, the presidentneeds Congressional support in order to implement policies andprograms. The Supreme Court rules on the constitutionality ofpresidential decrees.

The president is elected to a single six-year term bydirect universal suffrage; the vice president may be elected to amaximum of two consecutive six-year terms. The vice president maybe appointed to the cabinet without legislative confirmation. Thecurrent president is Benigno Simeon Aquino III, who originallytook office in June 2010, when he succeeded Gloria MacapagalAquino. The vice president, is Jejomar Binay. The executivefunctions of the government are carried out through the Cabinetof Ministers. The cabinet, which in 2005 consisted of heads of 22departments and offices, is appointed by the president with theconsent of the Commission of Appointments.

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Benigno Aquino III, 2010 – present

He commits to eliminate corruption in government. He isthe first bachelor Philippine President.

POWERS OF THE PRESIDENT (1987 Constitution)

THE EXECUTIVE BRANCH

President (Article 7)

1. THE POWER TO IMPLEMENT LAWS

2. Administrative Power and control over the agencies of the governments (Section 17)

3. The power to appoint government officials (Section 16)

4. The power to commute sentence, grant pardon, reprieve and amnesty (Section 19)

5. The power to declare martial law (Section 18)

6. The power to suspend the privilege of writ of habeas corpus (Section 18)

7. The power to veto a law (Art. 6, Section 7)

8. The power of supervision and control over the local government(Art. X, Section 4)

9. The power to conduct treaty and international agreement with other states (Section 21)

10. The power to ratify the treaty

11. The power to declare martial law

12. The power to settle actual controversies involving rights which are legally demandable and enforceable

13. The power to act as a constituent assembly

14. The power to declare the existence of war

15. The power to confirm the appointments of government officials30 | P a g e

16. The power to veto a law

17. The power of supervision and control over the local government

18. The power to conduct investigation in aid of legislation

19. The power to conduct treaty and international agreement with other states

Powers of the President under Executive Order no. 292 s. 1987 (Administrative Code of 1987)

Besides the Constitution, the powers of the Presidentof the Philippines are specifically outlined in Executive Orderno. 292 s. 1987, otherwise known as the Administrative Code of1987. The following powers are:

1. Power of control over the Executive Branch

Executive Branch of the Philippine Government

Office of the President of the Republic of the Philippines

Office of the Vice President of the Republicof the Philippines

Office of the Executive Secretary

Office of the Press Secretary

Department of Budget and Management Department of Finance

Department of Justice Department of National Defense

Department of Foreign Affairs Department of Tourism

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Department of Transportation and Communications

Department of Energy

Department of Science andTechnology

Department of Trade and Industry

Department of Agriculture Department Agrarian Reform

Department of Health Department of Social Welfare and Development

Department of Public Works and Highways

Department of Environmentand Natural Resources

Department of Interior and Local Government

Department of Labor and Employment

Department of Education National Economic and Development Authority

2. Power Ordinance Power

Executive Orders. — Acts of the President providing for

rules of a general or permanent character in

implementation or execution of constitutional or

statutory powers shall be promulgated in executive

orders.

Administrative Orders. — Acts of the President which relate

to particular aspects of governmental operations in

pursuance of his duties as administrative head shall be

promulgated in administrative orders.

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Proclamations. — Acts of the President fixing a date or

declaring a status or condition of public moment or

interest, upon the existence of which the operation of a

specific law or regulation is made to depend, shall be

promulgated in proclamations which shall have the force

of an executive order.

Memorandum Orders. — Acts of the President on matters of

administrative detail or of subordinate or temporary

interest which only concern a particular officer or

office of the Government shall be embodied in memorandum

orders.

Memorandum Circulars. — Acts of the President on matters

relating to internal administration, which the President

desires to bring to the attention of all or some of the

departments, agencies, bureaus or offices of the

Government, for information or compliance, shall be

embodied in memorandum circulars.

General or Special Orders. — Acts and commands of the

President in his capacity as Commander-in-Chief of the

Armed Forces of the Philippines shall be issued as

general or special orders.

3. Power over Aliens

The President of the Philippines has the power over

non-Filipinos in the Philippines. The powers he may exercise over

foreigners in the country are as follows:

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The Chief Executive may have an alien in the

Philippines deported from the country after due process.

The President may change the status of a foreigner, as

prescribed by law, from a non-immigrant status to a permanent

resident status without necessity of visa.

The President may choose to overrule the Board of

Commissioners of the Bureau of Immigration before their decision

becomes final and executory (after 30 days of the issuance of the

decision). The Board of Commissioners of the Bureau of

Immigration jurisdiction over all deportation cases.

The President is also mandated by the Administrative

Code of 1987 to exercise powers as recognized by the generally

accepted principles of international law.

4. Powers of Eminent Domain, Escheat, Land Reservation and

Recovery of Ill-gotten Wealth

The President of the Philippines has the authority to

exercise the power of eminent domain. The power of eminent

domains means the state has the power to seize or authorize the

seizure of private property for public use with just

compensation. There are two constitutional provisions, however,

that limit the exercise of such power.

a) Power of Eminent Domain. — The President shall determine

when it is necessary or advantageous to exercise the power

of eminent domain in behalf of the National Government, and

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direct the Solicitor General, whenever he deems the action

advisable, to institute expropriation proceedings in the

proper court.

b) Power to Direct Escheat or Reversion Proceedings. — The

President shall direct the Solicitor General to institute escheat or reversion

proceedings over all lands transferred or assigned to persons disqualified under

the Constitution to acquire land.

c) Power to Reserve Lands of the Public and Private Domain of

the Government. —

(1) The President shall have the power to reserve for

settlement or public use, and for specific public purposes,

any of the lands of the public domain, the use of which is

not otherwise directed by law. The reserved land shall

thereafter remain subject to the specific public purpose

indicated until otherwise provided by law or proclamation.

(2) He shall also have the power to reserve from sale or

other disposition and for specific public uses or purposes,

any land belonging to the private domain of the Government,

or any of the Friar lands, the use of which is not otherwise

directed by law, and thereafter such land shall be used for

the purposes specified by such proclamation until otherwise

provided by law.

6. Power of General Supervision Over Local Governments

The President of the Philippines, as Chief Executive,

has the mandate to supervise local governments in the

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Philippines, despite their autonomous status as provided by RA

7160 otherwise known as the Local Government Code of 1991.

Traditionally, this is done by the Department of the Interior

and Local Government, headed by a Cabinet Secretary; an alter

ego of the President.

7. Other Powers

Aside from the aforementioned powers of the President of the

Philippines, he can also exercise powers enumerated in the

Constitution and powers given to him by law.

References:

1. “Introduction to Political Science”, Ricardo S. Lazo, Rex

Publishing, Manila, 2009.

2. “Philippine Constitution”: Explained, Mario “Guese” Tungol , Merriam & Webster

Bookstore, Inc., Manila, Philippine, 1991.3. Wikipedia, the free encyclopedia

4. http://www.businessdictionary.com/definition/public-

policy.html#ixzz2e4FIuy60

5. (Article IX-D of the 1987 Philippine Constitution)

6. http://ncipro67.com.ph/ncip/about-us/#sthash.KXEQ1cii.dpuf

7. “The Revised Administrative Code of 1987”, updated by Mercedita S.

Nolledo

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