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1.

Yes, the claim for executive privilege is proper.


The constitution provides that an executive privilege can be invoked by the president
and high-level officials, here the president and the high-level officials can refuse to
give information from the Congress or the court.
To determine whether a person is a high-level official that can invoke the same, he
or she should pass the proximity test,the information to be withheld is known to the
official through the non-delegable power given to him by the President and that there
should be a compelling need to justify the removal of this privilege.
Jurisprudence provides that the cope of the Executive Privilege also includes
correspondence between the President and the public official. Here, the probing
questions of the Senate inquired on the actions of the President pertaining to the
procurement project.
2.
The diplomatic powers of the President do not include unilaterally withdrawing from
a treaty previously ratified by the Senate.
The constitution provides that the President has the power to negotiate and inter intro
treaties and ratify the same, however this power is subject to the concurrence of the
Senate. Here, the President has no sole authority to withdraw from a treaty
unilaterally, the power is not absolute.
However, in a recent case decided by the Supreme Court, a president can unilaterally
withdraw from treaties when the Senate did not expressly declare that the withdrawal
must be made with its concurrence.
In the instant case, there were no express provisions by the Senate during there
concurrence with the treaty signed on by the president that they must concur before
the President can withdraw.
3.
Yes, the issuance is valid. The president is merely exercising his power of control
and supervision.
The Constitution provides that the president exercises the power of control and
supervision over his subordinates. With the power of control, the President has the
power to control the executive department, bureaus and offices.
The President’s issuance of an executive order requiring officers and employees to
secure the consent of the President prior to appearing before either house of congress
is a valid exercise of power to control and supervise.
4.
I will rule in favor of President Duterte. While there is a prohibition against midnight
appointments, the appointment of new members of the Supreme Court and judges of
the lower courts.
Under the Constitution, midnight appointments are those appointments made by the
President two months before the next presidential Elections, this prohibition is only
limited to the executive department. The prohibition against midnight appointments
does not cover the judiciary department.
5.
The President has erroneous application of the power of control over his subordinate.
The Constitution provides that the President has the power of control over his
subordinates, however the power of control merely pertains over the acts of the
subordinate in relation to his or her duties.
Here, the President can not suspend Governor Tat over the latter’s sexual scandal
because the act is not done in Governor Tat’s official duty.

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