CHAPTER 9: POWERS OF CONGRESS

Legislative
Power: Non-Legislative Powers: CDGPI
ATE
1. Canvass Presidential Elections
1.
2. Declare existence of State of War
Appropriation
3. Give concurrence to Treaties and
2. Taxation
Amnesties
3.
4. Propose Constitutional Amendments
Expropriation
5. Impeach
Legislative Power in General
The power of lawmaking, framing and enactment of laws.
Procedure
The bill is introduced that might come from either the Senate or the House of
Representatives unless it contains appropriation, revenue/tariff bills, bills of local
application, bills of increasing public debt, or private bills that must originate from the
House of Representatives. It will undergo three readings. For the first reading it only
involves the reading of the number and the title of the bill and then assigned to a proper
committee that will handle it. The bill may be killed by the committee or recommended
for approval, consolidated with other related bills or amended after public hearings. For
the second reading, which is the most important part, the bill will be read in whole and
will be deliberated by the members through debates and amended if necessary. Once
approved on second reading, the third reading will consist of purely votation of the
members no more amendments allowed. After the three readings it will undergo the
same process with the other house and if there are differences a conference committee
will be the one to compromise. Either way the result of which must be an enrolled bill,
containing the signature of the Senate President and the Speaker and the Secretaries
then subject to the approval of the President.
Origin of Bills A,R/T,LA,PD,PB
Appropriation authorize the release of funds from the public treasury
Revenue levies taxes and raises funds for the government
Tariff Bill specifies rates or duties to be imposed on imported articles
Local Application purely local/municipal
Public Debt floating bonds for public subscription
Private Bills honorary citizenship to a distinguished foreigner
Amendment by Substitution the bill that initially came from the House of
Representatives is replaced entirely by the Senate. Its an accepted practice since it is
only important that the initiative must come from the Lower House.
Prohibited Measures
May not increase the presidents appropriation.
No expost facto law
Special laws must have funds that are available
No transfer of funds from other departments
For public purpose
Title of Bills
Formalities
3 days
Approval of Bills
President yes
President veto but 2/3
President inaction
Legislative Inquiries
Arnault v Nazareno - contempt
Appearance of Department Heads
The Power of Appropriation
Appropriation Defined
Implied Limitation
Constitutional Limitations
Appropriations for Sectarian Purposes
Automatic Re-appropriation
Special Funds
The Power of Taxation
The Power of Concurrence
The War Powers
Referendum and Initiative

CHAPTER 10: THE EXECUTIVE DEPARTMENT

Qualification
1. Natural-born citizen of the Philippines
2. Registered Voter
3. Able to read and write
4. At least 40
5. Resident of PH 10 years
Election and Proclamation
* if tie, vote majority Congress
canvass of presidential election = Congress
The SC sitting en banc shall be the sole judge of all contest relating to the
election, returns, and qualifications of the President or Vice President and may
promulgate its rules for the purpose.
Term
6 years, no president can be reelected, succeeding President not more than four
years
SC needs to settle WON former President can be reelected. Phrase is The President
shall not be eligible for any reelection.
Vice President
Eligible for member Cabinet, no need for confirmation of Commission on
Appointments. *no 2 successive terms.
Presidential Succession
Vacancies before the Presidents Term
1. Death of President VP -> President
2. Failure to Elect President - VP acting
3. Failure to Qualify President-elect VP acting
*IF no Pres and VP chosen, qualified, died or disabled. Senate President or Speaker
House Rep ACT as Pres until a Pres and VP chosen. Congress will provide a law who shall
serve as President
Vacancies after the Presidents Term = VP -> President
1. Death
2. Permanent Disability
3. Removal
4. Resignation
Oath of Office
Defend its Constitution
Execute its Laws
Do justice to every man
Consecrate myself to the Service of the Nation
Perquisites and Inhibitions
The president will have an official residence.
Fixed salary until the end of the term and cannot be decreased.
Shall not receive any other emoluments or do other work to other government
service or office or ANY OTHER PROFESSION
No spouse or relative by consanguinity within the fourth civil degree allowed to
hold office in the CC,OO,BO, GOCC
CC,OO,BO, GOCC:
Constitutional Comission
Office of the Ombudsman
Bureaus or Offices
Government owned or Controlled corporations
Presidential Immunity
CHAPTER11: POWERS OF THE PRESIDENT
Appointing Power
Commission = written evidence of an appointment
Permanent Appointments = protected by constitutional provision. Has requisite to
eligibility
Temporary Appointments = revocable and no eligibility and replaceable by the
President

Ad Interim = appointment comes before the confirmation, which is made by the

Commission when it reconvenes the legislative recess.
With the consent of Commission on Appointment: HAOVAW
1. Head of the Executive Departments
2. Ambassadors, other public ministers and Consuls
3. Officers of the Armed forces from the rank of colonel or naval captain
4. Vested in him by the Constitution (Ombudsman)
5. Appointments are not provided by law (Commission on Human Rights)
6. Whom he may be authorized by law to appoint (members of the various
statutory administrative agencies)
Steps in Regular Appointment:
1. Nomination by the Pres
2. Confirmation by the CA
3. Issuance of the commission by the Pres
Ad Interim: made during the recess and becomes effective by confirmation or reject later.
Intended to prevent hiatus in official duties.
Difference:
1. Regular = during legislative session; Ad Interim during the recess
2. Regular = only after the nomination is confirmed by the CA; Ad Interim = before
confirmation
3. Regular = once confirmed, continues until the end of the term of the appointee; ad
interim = cease to be valid if disapproved by the CA or upon the next adjournment of the
Congress
ACTING President appoint: can be revoked by the elected President
2 months before election, Pres cannot appoint.
Cannot be forced unless for the defense of the State
Removal Power
Control Power (Supervision): AMNSS
Alter, Modify, Nullify, Set aside and Substitute
Military Power
Pardoning Power
Borrowing Power
Diplomatic Power
Budgetary Power
Informing Power
Other Powers