p. 411 436 p.

457
Executive Power Executive Privilege – allows the Appointments Subject to
Administrative Power president to hold on to certain Confirmation by Commission on
information and materials Appointments
Included in the prerogatives of the  state secrets privilege – would
president are: subvert crucial military objects p.461
-appointing power (military and diplomatic secrets) First Group and Second Group
-the power of control  informer’s privilege – not to
-the military pardoning disclose the identity of persons
-diplomatic budgetary who furnish information of designation vs appointment p463
-borrowing powers violations of the law
-residual powers  generic privilege – internal PD564
-take-care and informing functions deliberations has been said to
attach to intra-governmental p. 465
p. 413 documents reflecting advisory Appointments of Lower-Ranked
Qualifications opinions, recommendations and Officers
Election, Term, and Term Limit deliberations comprising part of
a process by which Section 16, Article VII
p. 415 governmental decisions and allows heads of depsrtments,
adjourned sine die policies are formulated agencies, commissions, or boards to
functus officio appoint only “officer in lower rank”
Twelfth Congress except Privileged information than such “heads of departments,
- presidential conversations agencies, commissions, or boars”
p. 416 - correspondences
Presidential Election Contests - closed-door cabinet P. 466
meetings Ad Interim Appointments
417 Section 16, Article VII under the 2nd
Presidential Electoral Tribunal presumptively privileged 441 paragraph – 2 modes in appointing
Historical Antecedents of PET -418 officials subject to confirmation by
2 KINDS OF EXEC. PRIVILEGE 442 the Commission on Appointments
Article VII Sec 4 Par 7 Consti is an 1. presidential
innovation communications privilege “power to remove is inherent in the
2. deliberative process power to appoint”
419 privilege
Doctrine of Necessary Implication 470 Alter Ego – holds a position of
constitutional bodies, independent ELEMENTS OF PRESIDENTIAL great trust and confidence
but not separate COMMUNICATION PRIVILEGE (3)
p444 p. 471
425 Power to Appoint, Power to Remove
Assumption and Perquisites of p.447 Administrative Code of 1987 –
Office Disablities, Inhibitions, and characterized by the existence of
Disqualifications security of Tenure
426 Career Service Officer – recipient of
Vacancy, Disability and Succession dual or multiple offices or tenurial protection (may only be
employment Sec 13, Art VII removed for a cause and in
428 ex-officio – from ofiice; by virtue of accordance with procedural due
Presidential Incapacity and Serious office process)
Illness
Sec 7, Article IX-B general appointments of an acting president
429 prohibition against multiple – can be revoked by the elected
Presidential Immunity positions for civil servants president within 9 days from his
Doctrine of Executive Immunity assumption/reassumption of office
by impeachment p455
presidential decision may be Appointing Power p.
questioned
unwilling petitioner three groups of officers that the
435 doctrine that a non-sitting president may appoint p. 457
President foes not enjoy immunity
from suit