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IX.

EXECUTIVE DEPARTMENT
The President
Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40
years old
5. resident of the Philippines for at least 10
years immediately preceding such election
Election
- Regular Election: 2nd Monday of May
- Congress as Board of Canvassers
2 or more candidates shall have an equal
and highest number of votes, one of them
shall be chosen by a majority vote of all
members of Congress.
- Congress has the authority to proclaim
the winning candidates for the position of
President and Vice President
- Congress may delegate the initial
determination of the authenticity and due
execution of the certificate of canvass to a
Joint Congressional Committee, composed
of members of the House and Senate
- The decisions and final report of the
Committee shall be subject to the approval
of the joint session of both Houses if
Congress, voting separately.
- Even if Congress has adjourned its
regular session it may continue to perform
this Constitutional duty of canvassing the
presidential and vice-presidential election
results without need of any call for a special
session by the President.
- No constitutional or statutory basis for
COMELEC to undertake a separate and an
unofficial tabulation of results
descends to the level of private organization
while using public funds, violates exclusive
prerogative of NAMFREL and taints
integrity of envelopes containing ER and the
ERs themselves.

- Supreme Court as Presidential Electoral


Tribunal
Supreme court , en banc - sole judge of
all contests relating to the election, returns
and qualifications of the President or VP
Term of Office: 6 years
- No re-election
- No person who has succeeded as
President and has served for more than 4
years shall be qualified for election to the
same office at any time
Privileges
1. Official Residence
2. Salary
- Determined by law
- Shall not be decreased during tenure
- No increase shall take effect until after
expiration of the term of the incumbent
during which such increase was approved.
3. Immunity from Suit
- President is immune from suit
- May not be prevented from instituting a
suit
- Immune from civil liability
- After tenure, cannot invoke immunity
from suit for civil damages arising out of
acts done by him while he was President
which was not performed in the exercise of
official duties.
- Department Secretaries, though alter
egos, cannot invoke Presidents immunity
from suit.
Prohibitions/Inhibitions
1. Not receive any other emoluments from
the government or nay other source
2. Not hold any other office or
employment, unless provided in this
Constitution
- Vice President may be appointed to the
Cabinet without need of confirmation from
Commission on Appointment
3. Not directly or indirectly practice any
other profession, participate in any business

or be financially interested in any contract,


franchise or special privilege
4. Strictly avoid conflict of interest in the
conduct of their office
5. May not appoint Spouse or Relatives by
consanguinity or affinity within the fourth
civil degree as
a. Members of Constitutional Commissions
b. Office of the Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairman/heads
of
bureaus/offices/GOCCs/subsidiaries

Rules on Succession
- Vacancy at the BEGINNING of term

DEATH
or VP-elect
shall
PERMANENT
become President
DISABILITY
of
President elect
President-elect fails to VP-elect shall act
qualify
as President until
President-elect
shall have qualified
President shall not VP-elect shall act
have been chosen
as President until
President-elect
shall have been
chosen
and
qualified
No President and VP:
Senate President or
- Chosen
in case of his
- Qualified
disability,
the
- Both died
Speaker of the
- Both
become House shall act as
permanently disabled
President until a
President or VP
shall been chosen
and qualified.
In case of inability
of both, Congress
shall,
by
law
provide for the
manner by which
one who is to act

as President shall
be selected until a
President or VP
shall
have
qualified.
Vacancy DURING the term
Death, permanent disability, removal
from office or resignation of President
VP shall become President
Elements of Valid Resignation:
1. intent to resign
2. act of relinquishment
Temporary Disability
President transmits to Senate President
and Speaker
His written declaration that he is unable
to discharge the powers and duties of his
office
Until he transmits a written declaration
to the contrary
Powers and duties shall be discharged by
the VP as Acting President
Majority of the members of the Cabinet
transmit to Senate President and Speaker
Written declaration that the President is
unable to discharge the powers and duties of
his office
VP shall IMMEDIATELY assume the
powers and duties of the office as Acting
President
IF President shall transmit written
declaration that no such disability exists
He shall reassume the powers and duties
of his office
IF majority of the members of the
Cabinet transmit within 5 days to SP and
Speaker their written declaration that the
President is unable to discharge the powers
and duties of his office,
Congress shall decide the issue
Congress shall convene within 48 hours,
if not in session

w/in 10 days from receipt of last

declaration OR if not in session w/in 12 days


after it is required to assemble Congress
determines by 2/3 vote of both Houses,
voting separately
that President is unable VP shall act
as President; Otherwise, President shall
continue exercising the powers and duties of
his office.
Constitutional Duty of Congress in case of
Vacancy in the Offices of President and VP
- 10:00am, 3rd day after the vacancy
occurs
- Congress shall convene without need of
call
- w/in 7 days enact a law calling for a
special election to elect a President and VP
- election held not earlier than 45 days nor
later than 60 days from time of such call
- bill shall be deemed certified and shall
become law upon approval on 3rd reading by
Congress
- convening cannot be suspended
- election cannot be postponed
- IF vacancy occurs w/in 18 months
before the date of the next presidential
election NO special election
Removal of President: Impeachment
Vice-President
Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40
years old
5. resident of the Philippines for at least 10
years immediately preceding such election
Term: No VP shall serve for more than 2
successive terms.
Vacancy in VP

- President shall nominate a VP from


among members of Senate and House
- Assume office upon confirmation by a
majority vote of all Members of both
Houses of Congress, voting separately
Powers of the President
1) Executive Power
2) Power of Appointment
3) Power of Control
4) Military Powers
5) Pardoning Power
6) Borrowing Power
7) Diplomatic Power
8) Budgetary Power
9) Informing Power
10) Others
a. Call Congress to special session
b. Power to approve or veto bolls
c. Consent to deputation of government
personnel by COMELEC
d. Discipline such deputies
e. Emergency powers, by delegation from
Congress
f. General supervision over LGs and
autonomous regional governments
Executive Power
- Executive Power: power to enforce and
administer the laws
- Power of carrying out the laws into
practical operation and enforcing their due
observance
- Authority to Reorganize the Office of
the President to achieve simplicity,
economy and efficiency.
- Power to reorganize the OP under
Section 31 (1) of EO 292 (Administrative
Code) President can reorganize the OP
proper by abolishing, consolidating or
merging units or by transferring functions
from one unit to another
- Power to reorganize the OP under
Section 31 (2) and b(3) of EO 292
(Administrative Code) power of the
President to reorganize offices outside of the

OP proper is limited to merely transferring


functions/agencies
from
OP
to
Departments/Agencies and v.v.
- It is not for the President to determine
the validity of the law; it is the function of
the judiciary. Unless and until such law is
declared unconstitutional, President has the
duty to execute it.

will, without necessity of just cause or valid


investigation
Not subject to confirmation by
Commission on Appointment
If confirmation erroneously given, will
not make it a permanent appointment
Designation is considered only an acting
or temporary appointment

Power of Appointment
- Nominate and with consent of the
Commission on Appointments, appoint:
a. Heads of the executive departments
b. Ambassadors
c. Other public ministers and consuls
d. Officers of the armed forces from the
rank of colonel or naval captain
e. Other officers whose appointments are
vested in him in this Constitution
- Appoint all other officers of the
Government whose appointments are not
otherwise provided by law
- Appoint those whom he may be
authorized by law to appoint.
- Congress may by law, vest appointment
of other officers lower in rank in the
a. President alone,
b. Courts
c. Heads
of
departments/agencies/commissions/boards
- Appointment: selection, by the authority
vested with the power, of an individual who
is to exercise the functions of a given office.
Designation: imposition of additional
duties, usually by law, to one who is already
in public service
Commission: written evidence of
appointment

c. Regular made by President while


Congress is in session
Takes effect upon confirmation of
Commission on Appointment
Once approved, continues until end of
term of the appointee

Classification of Appointments
a. Permanent extended to persons
possessing the requisite eligibility and are
protected by security of tenure
b. Temporary extended to persons
without requisite eligibility, revocable at

d. Ad interim made by President while


Congress is not in session
Takes effect immediately but ceases to
be valid if disapproved by the Commission
on Appointments or upon next adjournment
of Congress (by-passed through inaction)
Intended to prevent interruptions in vital
government services
Permanent and cannot be withdrawn by
the President once the appointee has
qualified
If disapproved by the Commission on
Appointments can no longer be extended
a new appointment; decision of the
Commission is final and binding
If by-passed President is free to
renew the ad interim appointment
Officials who are appointed by the President
Does NOT require confirmation by COA
a. Commissioner of Customs
b. Philippine Coast Guard
c. Chairman of Commission of Human
Rights
d. NLRC Chairman and Commissioners
- Congress cannot by law require
confirmation of appointments of government
officials other than those mentioned in the
Constitution

Steps in the Appointing Power


a. Nomination by President
b. Confirmation by COA
c. Issuance of the Commission
- Appointment is deemed complete upon
acceptance; pending such acceptance, the
appointment may still be validly withdrawn
- Discretion of Appointing Authority
includes the determination of the nature and
character of appointment
- In case of vacancy in an office occupied
by an alter ego of the President, e.g.
Department Secretary, the President
necessarily appoint the alter ego of his
choice. Congress, cannot by law, compel the
President to appoint automatically the
undersecretary as his temporary alter ego.
An alter ego, temporary or permanent, holds
a position of great trust and confidence.
Special Limitations on the Presidents
Appointing Power
1. may not appoint his spouse or relatives
by consanguinity or affinity, within the 4th
civil degree as
a. members of Constitutional Commission
b. Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairmen/heads
of
bureaus/offices/GOCCs
2. appointments made by acting president
shall remain effective unless revoked by
elected President w/in 90 days from
assumption of office
3. 2 months immediately before the next
presidential election and up to the end of his
term, a President or acting President shall
not make appointments EXCEPT temporary
appointments to executive positions when
continued vacancies will prejudice public
service or endanger public safety
No law that prohibits local executive
officials from appointment

4. Congress power to prescribe


qualifications
5. Judiciary may annul an appointment
made by President of the appointee is not
qualified or has not been validly confirmed.
Power of Removal
Implied from power of appointment
President cannot remove officials
appointed by him where the Constitution
prescribes certain methods for separation of
such officers from service
Chairman and commissioners of
Constitutional
Commissions

impeachment
Judges disciplining authority of SC
Where power of removal is lodged in
President:
a. Cause as may be provided by law
b. Prescribed administrative procedure
Members of career service of the Civil
Service who are appointed by the President
may be directly disciplined by him
Members of Cabinet and Officers whose
continuity in office depends upon pleasure
of President replaced any time;
separation is not by removal but
EXPIRATION of term.
Power of Control
- President shall have control of all
Executive departments
Bureaus
Offices
- Control: power of an officer to alter,
modify, set aside, or nullify what a
subordinate had done in the performance of
his duties and to substitute the judgment of
the former for that of the latter.
Supervision: overseeing; the power of an
officer to see that subordinate officers
perform their duties, and if the latter fails or
neglects to fulfill them, then the former may

take such action or steps as prescribed by


law to make them perform these duties.
Alter Ego Principle/Doctrine of Qualified
Political Agency
All executives and administrative
organizations are adjuncts of the Executive
department
The heads of the various executive
departments are assistants and agents of the
Chief Executive
And, except in cases where the Chief
Executive is required by the Constitution or
law to act personally OR the exigencies of
the situation demand that he act personally,
the
multifarious
executive
and
administrative functions of the Chief
Executive are performed by and through the
executive departments,
And the acts of Secretaries, performed
and promulgated in the regular course of
business are, unless disapproved or
reprobated are presumptively the acts of the
Chief Executive.
- President may exercise powers conferred
by law upon Cabinet members or
subordinate executive officers.
- Power of the president to reorganize the
National Government may validly be
delegated to his Cabinet members exercising
control over a particular executive
department.
- Appeal to the President from decisions
of executive officers, including Cabinet
members, complete the exhaustion of
administrative remedies.
Exception: Doctrine of Qualified
Political Agency applies, in which case the
decision of Cabinet Secretary carries the
presumptive approval of the President, thus
there is no need to appeal to the President.
Decisions/Resolutions of prosecutors are
subject to appeal to the Secretary of Justice
who exercises power of direct control and
supervision over prosecutors.

- Power of general supervision over local


governments.
- President can only interfere in the affairs
and activities of a local government unit of
he finds that the latter had acted contrary to
law.
Military Powers
- Commander-in-Chief of all armed forces
of the Philippines
- If necessary, he may call out such armed
forces to prevent or suppress lawless
violence, invasion or rebellion.
- In case of invasion or rebellion, when
public safety requires it, he may, for a period
not exceeding 60 days, suspend the privilege
of the writ of HC or place the Philippines or
any part thereof under martial law.
- Commander-in-Chief Clause
Conduct of saturation drives or areal
target zoning
Exercises discretionary power
Only criterion, whenever it becomes
necessary
Discretionary authority to declare state
of rebellion
Court may only look into the sufficiency
of the factual basis for the exercise of the
power.
Mere declaration of a state of rebellion
cannot diminish or violate constitutionally
protected rights
Power to organize courts martial for the
disciple of members of the armed forces
Power to create military commissions
for the punishment of war criminals
Military tribunals cannot try civilians
when civil courts are open and functioning
Members of the PNP are not within the
jurisdiction of the military court
Suspension of the privilege of the writ of
Habeas Corpus
Grounds: invasion or rebellion, when
public safety requires it

Duration: not to exceed 60 days, unless


extended by Congress
Duty of President to Report action to
Congress: w/in 48 hours, personally or in
writing
Congress may revoke or extend by a
majority vote of all its members, voting
jointly
SC may review upon proceeding filed by
any citizen, as to the sufficiency of factual
basis. It must promulgate its decision w/in
30 days from its filing.
Suspension does not impair the right to
bail.
Suspension applies to persons judicially
charged for rebellion or offenses inherent in
or directly connected with invasion
During suspension, any person thus
arrested shall be judicially charged w/in 3
days, otherwise he shall be released.
Pardoning Power
- Except in cases of IMPEACHMENT or
AS OTHERWISE PROVIDED IN THE
CONSTITUTION
- May grant, after conviction by final
judgment
a. Reprieves
b. Commutations
c. Pardons
d. Remit fines and forfeitures
- May grant Amnesty with concurrence of
a majority of all members of the Congress
- Pardon: act of grace which exempts the
individual from punishment that the law
inflicts upon the crime he has committed
- Commutation: reduction or mitigation of
penalty
- Reprieve: postponement of sentence/
stay of execution
- Parole: release from imprisonment but
still in custody of law although not in
confinement
- Amnesty: act of grace, with concurrence
of legislature, usually extended to group of

persons who committed political offenses,


puts into oblivion the offense itself
- Discretionary exercise by the President
- Cannot be controlled by Legislature or
reversed by courts unless there is a
constitutional violation.
- Limitations:
1) Cannot be granted in cases of
impeachment
2) Cannot be granted in cases of violation
of election offenses w/o favorable
recommendation of COMELEC
3) Cannot be granted in cases of legislative
contempt or civil contempt
4) Cannot absolve civil liability
5) Cannot restore public offices forfeited
6) Only after conviction by final judgment
Classification of Pardon:
1) Plenary or partial
2) Absolute or conditional
Conditional pardon is in the nature of a
contract between the Chief Executive and
the convicted criminal.
President is authorized to order the arrest
or re-incarceration of such a person, if he
fails to comply with the conditions of his
pardon.
Such exercise of Presidential judgment
is beyond judicial scrutiny.
Amnesty
Stands before the law precisely as
though he had committed no offense
Criminal liability is totally extinguished
To avail of the benefit, must admit the
guilt of the offence covered by the
proclamation
AMNESTY
Addressed
to
political offenses
Classes of persons
No need for distinct
acts of acceptance
Concurrence
by

PARDON
Infractions of peace
of the state
Individual
Acceptance needed
Nope

Congress
Public act which
courts may take
judicial notice
Looks back and puts
into oblivion the
offense itself

Private act which


must be pleaded and
proved
Looks forward and
relieves pardonee of
the consequences of
the offenses

Borrowing Power
- Contract or guarantee foreign loans on
behalf of the Republic, with prior
concurrence of Monetary Board and subject
to such limitations as may be provided by
law.
- MB, shall w/in 30 days from end of
every quarter, submit to the Congress a
complete report of its decisions on
applications for loans to be contracted or
guaranteed by the Government/GOCC
which would have the effect of increasing
the foreign debt, and containing other
matters as may be provided by law.
Diplomatic Power
- No treaty or international agreement
shall be valid and effective unless concurred
in by at least 2/3 of all members of the
Senate.
- Treaties vs. International Agreements
Treaties
Formal documents
require ratification
International
agreements which
involve
political
issues or changes of
national policy
Involving
arrangements
permanent
character

of

International
Agreements
Become
binding
through
executive
action
International
agreements involving
adjustments
of
details carrying out
well
established
national
policies
and traditions
Involving
arrangements of a
more
or
less
temporary nature

- It is immaterial whether US treats the


VFA as merely an executive agreement
because, under international law, an
executive agreement is just as binding as a
trearty.
Budgetary Power
- Submit to Congress within 30 days from
opening of its regular session
- A budget of expenditures and sources
of financing, including receipts from
existing and proposed revenue measures
- As basis of the general appropriations
act
Informing Power
- Address Congress at the opening of its
regular session
- May appear before it at any other time
X. JUDICIAL DEPARTMENT
Judicial Power
- Duty of the courts of justice to settle
actual controversies involving rights which
are legally demandable and enforceable, and
to determine whether or not there has been
grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any
branch or instrumentality of the government.
- Political questions forbidden territory
of courts
- Inherent power of Courts to amend and
control its processed and orders so as to
make them conformable with law and
justice.
- Right to reverse itself.
Where vested
- 1 SC
- Such lower courts as may be established
by law
Jurisdiction

- Power to hear and decide a case


- Congress shall have the power to define,
prescribe and apportion the jurisdiction of
various courts, but may not deprive SC of its
jurisdiction over cases enumerated in
Section 5, Article VIII
- No law shall be passed increasing
appellate jurisdiction of SC without its
advice and concurrence
Constitutional
Safeguards
to
Insure
Independence of SC
1. SC is a constitutional body; it may not
be abolished by legislature
2. members of SC are removable only by
impeachment
3. SC may not be deprived of its original
and appellate jurisdiction; Appellate
jurisdiction may not be increased without its
consent and concurrence
4. SC has administrative supervision over
all inferior courts and personnel
5. SC has exclusive power to discipline
judges and justices of inferior courts
6. members of Judiciary have security of
tenure
7. members of Judiciary may not be
designated to any agency performing quasijudicial or administrative functions
8. salaries of judges may not be reduced;
Judiciary enjoys fiscal autonomy
9. SC alone may initiate ROC
10. SC alone may order temporary detail
judges
11. SC can appoint officials and employees
of judiciary
Qualifications
- Proven competence, integrity, probity
and independence +
- SC
1) Natural-born
2) At least 40
3) 15 years or more a judge of a lower
court or engaged in the practice of law in the
Philippines

- Lower Collegiate Courts


1) Natural-born
2) Member of Philippine Bar
3) Congress
may
prescribe
qualifications
- Lower Courts
1) Citizen
2) Member of Philippine Bar
3) Congress
may
prescribe
qualifications

other

other

Procedure for Appointment


- Appointed by the President from a list of
nominees prepared by Judicial and Bar
Council
- Lower Courts: appointed by President
w/in 90 days from submission of list
Judicial and Bar Council
- Composition
Ex-officio Members
1) CJ as Chairman
2) Justice Secretary
3) Representative of Congress
Regular Members
1) Representative of IBP
2) Professor of Law
3) Retired justice of SC
4) Representative of private sector
Secretary ex-officio: clerk of SC
- Appointment: regular members shall be
appointed by President for a term of 4 years,
with consent of COA; shall receive
emoluments as determined by SC
- Powers/Functions:
Principal
function:
recommending
appointees to Judiciary
Exercise such other functions and duties
as SC may assign
Supreme Court
Composition
1 CJ

14 Associate Justices
May sit en banc or in its discretion, in
divisions of 3, 5 or 7 members
Vacancy shall be filled within 90 days
from occurrence
En Banc concurrence of a majority of
the members who took part in the
deliberations and voted
Division - concurrence of a majority of
the members who took part in the
deliberations and voted and in no case
without the concurrence of at least 3 such
members
When required number is not obtained
case shall be decided en banc (case
decided NOT matters - resolved)
No doctrine or principle of law laid by a
court sitting en banc or in a division, may be
modified or reversed except by the court
sitting en banc

Powers of the SC
1) Original Jurisdiction
2) Appellate Jurisdiction
3) Temporary Assignment of judges of LCs
to other stations as public interest may
require
4) Order change of venue or place of trial,
to avoid miscarriage of justice
5) Rule-Making Power
6) Power of Appointment
7) Power of Administrative Supervision
8) Annual Report
Original Jurisdiction
1) Cases affecting ambassadors, public
ministers and consuls
2) Petition for certiorari, prohibition,
mandamus
3) Quo warranto
4) Habeas corpus
Appellate Jurisdiction review, revise,
reverse, modify, or affirm on appeal or
certiorari as the ROC may provide final
judgments and orders of lower courts in:

1) All
cases
involving
constitutionality/validity of any treaty,
international or executive agreements, law,
PD, proclamation, order, instruction
ordinance or regulation is in question
2) All cases involving legality of any tax,
impost, assessment or toll or any penalty
imposed in relation thereto
3) Jurisdiction of lower court is in issue
4) All criminal cases in which penalty
imposed is RP or higher
5) All cases in which only an error or
question of law is involved
Rule-Making Power
- Promulgate rules:
1) Protection
and
enforcement
of
constitutional rights
2) Pleadings
3) Practices
4) Procedure in all courts
5) Admission to practice of law
6) Admission to TB
7) Legal assistance to underprivileged
- Limitations:
1) Simplified and inexpensive procedure
2) Uniform in all courts of the same grade
3) Not diminish, increase or modify
substantive rights
Power of Appointment
- Appoint all officials and employees of
the Judiciary in accordance with Civil
Service Law
Power of Administrative Supervision
- Administrative supervision over all
courts and personnel
- Ombudsman may not initiate or
investigate a criminal or administrative
complaint before his office against a judge,
he must first indorse the case to the SC
- Administrative proceedings before the
SC are confidential in nature.
Annual Report

- Submit, within 30 days from opening


of each regular session of Congress to the
President and to Congress an annual report
on the operations and activities of the
Judiciary.
Tenure of Judges/Justices
- SC: Justices may be removed only by
impeachment
Special Prosecutor has no authority to
conduct an investigation on charges against
a member of the SC, in view of filing a
criminal information. Because if found
guilty, he will be removed from office
violation of his security of tenure.
Salaries
- Fixed by law
- May not be decreased during their
continuance in office
- Imposition of income tax on salaries of
judges does not violate the constitutional
prohibition against decrease in salaries
Periods of Decisions
- decided and resolved, from date of
submission
24 months SC
12 months lower collegiate courts
3 months all other lower courts
- Unless in the 2 latter cases, the period is
reduced by the SC
- Certification to be signed by the Chief
Justice/Presiding Justice shall be issued
stating the reason for delay
- Despite expiration of the mandatory
period, the court, without prejudice to such
responsibility as may have been incurred in
consequence thereof, shall decide or resolve
the case or matter submitted to it without
further delay.
- Court does not lose jurisdiction despite
the lapse of the mandatory period.