Legislative

1. Legislative power - legislative power is the power to make laws and to alter and repeal them

2. freedom from arrest

-not more than 6 months

- while congress is in session

3. speech and debate privilege (parliamentary privilege)

- made in congress or any commissions thereof

- made in line with his official functions

4. power to augment - power to authorize by law the ...... to augment items

5. legislative inquiries in aid of legislation

6. question hour

7. contempt power

8. congressional oversight

a. scrutiny

b. investigation

c. legislative supervision (legislative veto) - unconstitutional

9. informing power -

10. power of impeachment

inhibitions and disqualifications

1. incompatible office - May not hold any other office or employment in the government during his term
without forfeiting his seat

2. forbidden office - May not be appointed to any office

created or whose emoluments were

increased during the term for which

he was elected

- even if he forfeits his sit

3. conflict of interest - Shall not be financially interested,

directly or indirectly, in any contract

with, or franchise or special

privilege granted by the government

during his term of office

4. Shall not intervene in any matter

before any office of the government

when it is for his pecuniary benefit

or where he may be called upon to

act on account of his office

5. Cannot personally appear as

counsel before any court, electoral

tribunal, quasi judicial and

administrative bodies during his

term of office

EXECUTIVE

Executive (through the President)

1. presidential immunity

-co-extensive with tenure not term

2. Presidential Privilege

- the right of the President and high-level

executive branch officers to withhold

information from Congress, the courts, and

ultimately the public

3. Executive power

This refers to the President’s power to enforce,

implement, and administer laws. The President

shall ensure that the laws be faithfully executed

4. power of control and supervision

Control is essentially the power to [1] alter or

modify or nullify or set aside what a subordinate

officer had done in the performance of his

duties; and to [2] substitute the judgement of

the former with that of the latter [Biraogo v.

Philippine Truth Commission

control - exercised over all executive departments, office or agency

supervision - lgu

5. Emergency powers to the President - power delegated to the President by Congress necessary to carry
out a deckared national policy (note that the national policy must be declared by congress)

- note that generally it is the legislative who may declare a national emergency through a law. But the
President may also declare a national emergency, but in this case, it cannot exercise any emergency
powers until delegated to him by the President.

- must be for a limited period only

- must be subject to restriction provided for by congress

- ceases when withdrawn by congress or when they failed to adopt it upon the next adjournment

- must be through a legislation

-different from declaring a state of emergency

- different from calling out powers

the 2 dont need legislation - part of discretion

6. Commander-in-chief powers

1. calling out powers

- as commander in chief of the AFP, he may call out such armed forces in cases of:

a. lawless violence

b. rebellion

c. invasion

2. suspend the privilege of the writ of habeas corpus or place the Philippines or any parts thereof under
martial law

a. rebellion

b. invasion; and

c. when public safety requires it

d. must be for a period not exceeding 60 days

Within forty-eight hours from the

proclamation of martial law or the

suspension of the privilege of the writ of

habeas corpus, the President shall submit a

report in person or in writing to the Congress.

The Congress, voting jointly, by a vote of at

least a majority of all its Members in regular

or special session, may revoke such

proclamation or suspension, which

revocation shall not be set aside by the

President.

Upon the initiative of the

President, the Congress may, in the same

manner, extend such proclamation or

suspension for a period to be determined by

the Congress, if the invasion or rebellion

shall persist and public safety requires it.

7. exeutive clemency

8. Diplomatic Power

9. residual powers

Residual powers are unstated powers

possessed by the President which are 1) not

enumerated in the Constitution, 2) implied with

the grant of executive power, and 3) not

possessed by the legislative and judiciary

Disqualification
note: applies to the President, vice-president, members of the cabinet and their deputies and assistant

1. shall not receive any other emoluments from the government or from any other source.

2. unless otherwise provided in the constitution - shall not hold any other office or employment

-incompatible office

xpn: positions held by them in an ex-oficio capacity and without additional emoluments

3. shall not practice any profession, participate in any business or be financially interested in any
contract, franchise or special privilege granted by the government or by any agency, subdivisions,
intstrumentality or GOCC's.

4. strictly avoid conflict of interest in the conduct of their office

5. May not appoint (a) spouse; or (b)

relatives by consanguinity or affinity

within the fourth civil degree as

members of Constitutional

Commissions, or the Office of the

Ombudsman, or as Secretaries,

Undersecretaries, chairmen or heads

of bureaus or offices, including

government-owned or controlled

corporation and their subsidiaries.