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Consti Law Reviewer

Section 17 - The President shall have control of all the executive departments,
buraeus, and offices.
He shall ensure that the laws be faithfully executed.

Power of Control
- Power of the president to: Alter, Modify, Nullify or set aside
What a subordinate had done in performance of duties and substitute his judgement.
- extends from cabinet member to clerk
- heads of the executive are subject to the direction of the president.

Doctrine of Qualified Political Agency


- Acts of Secretaries of Executive Departments are over the regular course of
business presumed acts of the cheif exec
unless reprobated (Villena v. Interior sec. - mayor investigated and suspended).

Secretary of finance acting as agend of legislative not subject to power of


control. (abakada guro v. exec sec.) vat reform act.

Faithful Execution Clause


- Shall ensure that the laws shall be faithfully executed
- Marcos v. Manglapus (Prohibit marcoses from returning to Philippines - residual
powers.)
- Prez cannot refuse to carry out a law not beneficial to people.

Borrowing Power of the President (20)


- President may contract or guarantee foreign laws on behalf of the republic with
concurrence of the monetary board.
- Monetary Board shall submit to congress a report on the loans which have the
affect of increasing public debt and other matters
as may be provided by law.

Diplomatic Power (21)


- The Executive is the sole organ tasked with diplomatic relations with foreign
states.
- no treaty or international agreement shall be valid and effective unless
concurred in by 2/3 of the senate.
- Pimentel v. Executive Sec
- cannot compel to submit for ratification through mandamus
- Other foreign affairs powers:
- Power to make treaties
- power to appoint ambassadors, other public ministers and consuls
- power to recieve ambassadors and other public ministers duly accredited to the
philippines.
- power to deport an undersirable alien or declare someone a persona non grata,

Budget Power of The President (22)


- The president is to submit a budget to congress within 30 days from the opening
of every regular session which shall become the basis for the General Appro Bill.
- 3 Stages to the budgetary process of government:
- Budget Prep: Starts with budget call issued by the dept. of budget and
management. Each agency is required to submit agency budget estimates in line with
requirements set
by development budget coordinating council.
- legislative authorization
- budget execution: covers the various operational aspects of budgeting.

Sona (Section 23)


- Is a constitutional obligation and a yearly tradition wherein the cheif
executive would report on the status of the country,
unveils government agendas for the coming year, and propose to congress certain
legislative measure.
- At the opening regular session of congress (fourth monday of july)

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