Quiz 1 Reviewer

Scope

1. The doctrine of Qualified Political Agency (National Power Corp. v. Commission on

Audit)

2. Power of Control (PSALM. v. CIR, Section 17)

3. Commander in Chief Power (Article VII, Section 18)

4. Pardoning Power and the difference from Amnesty (Barrioquinto v. Fernandez)

5. Chief Architect of Foreign Policy (Article VII, Section 20 & 21)

1. What is the Doctrine of Qualified Political Agency?

→ It is the dogma that the presidents’ subjects/cabinets are a conduit for extended
executive power.

→ Under the doctrine of qualified political agency, department secretaries are alter egos
or assistants of the President and their acts are presumed to be those of the latter
 unless disapproved or reprobated by him.

→ Thus, as a rule, an aggrieved party affected by the decision of a cabinet

secretary need not appeal to the Office of the President and may file a petition for
certiorari directly in the Court of Appeals assailing the act of the said secretary.

→ The doctrine of political agency provides that department secretaries are alter egos
of the President and that their acts are presumed to be those of the latter unless
disapproved or reprobated by him. In short, acts of department secretaries are
deemed acts of the President.

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 2. The Power of Control by the Executive Branch

→ It is only proper that intra-governmental disputes be settled administratively since

the opposing government offices, agencies and instrumentalities are all under the
President's executive control and supervision.Section 17, Article VII of the
Constitution states unequivocally that: "The President shall have control of all the
executive departments, bureaus and offices.
 He shall ensure that the laws be faithfully executed." In Carpio v. Executive
Secretary,32
 the Court expounded on the President's control over all the executive departments,
bureaus and offices, thus:

→ This presidential power of control over the executive branch of government extends
over all executive officers from Cabinet Secretary to the lowliest clerk and has been held
by us, in the landmark case of Mondano vs. Silvosa,
 to mean "the power of [the President] to alter or modify or nullify or set aside what a
subordinate officer had done in the performance of his duties and to substitute the
judgment of the former with that of the latter." It is said to be at the very "heart of the
meaning of Chief Executive."

→ Equally well accepted, as a corollary rule to the control powers of the President, is
the "Doctrine of Qualified Political Agency." As the President cannot be expected to
exercise his control powers all at the same time and in person, he will have to delegate
some of them to his Cabinet members.

Under this doctrine, which recognizes the establishment of a single executive, "all
executive 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 in person on 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 the
Secretaries of such departments, performed and promulgated in the regular course of

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 business, are, unless disapproved or reprobated by the Chief Executive presumptively
the acts of the Chief Executive."
Thus, and in short, "the President's power of control is directly exercised by him over
the members of the Cabinet who, in turn, and by his authority, control the bureaus and
other offices under their respective jurisdictions in the executive department. "

→Constitutional power of control of the President cannot be diminished by the CTA.

Thus, if two executive offices or agencies cannot agree, it is only proper and logical that
the President, as the sole Executive who under the Constitution has control over both
offices or agencies in dispute, should resolve the dispute instead of the courts. The
judiciary should not intrude in this executive function of determining which is correct
between the opposing government offices or agencies, which are both under the sole
control of the President. Under his constitutional power of control, the President
decides the dispute between the two executive offices. The judiciary cannot
substitute its decision over that of the President.

3. Commander in Chief Power

Section 18.

The President shall be the Commander-in-Chief of all armed forces of the Philippines
and whenever it becomes 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 sixty days, suspend the
privilege of the writ of habeas corpus or place the Philippines or any part thereof under
martial law. 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.

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 The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus or the extension thereof, and must promulgate
its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ of habeas corpus.
The suspension of the privilege of the writ of habeas corpus shall apply only to persons
judicially charged for rebellion or offenses inherent in, or directly connected with,
invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus
arrested or detained shall be judicially charged within three days, otherwise he shall be
released.

4. Pardon vs Amnesty
Barrioquintos v Fernandez

Pardon

→ Pardon is granted by the Chief Executive (President) and as such, it is a private act
that must be pleaded and proved by the person pardoned because the courts take no
notice thereof.

→ Pardon is granted to one after conviction;

→ Pardon looks forward and relieves the offender from the consequences of an offense
of which he has been convicted, that is, it abolished or forgives the punishment, and for
that reason, it does " nor work the restoration of the rights to hold public office, or the
right of suffrage, unless such rights are expressly restored by the terms of the pardon,"

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 and it "in no case exempts the culprit from the payment of the civil indemnity imposed
upon him by the sentence" article 36, Revised Penal Code).

Amnesty

→ Amnesty by Proclamation of the Chief Executive with the concurrence of Congress,

and it is a public act of which the courts should take judicial notice.

→ Amnesty is granted to classes of persons or communities who may be guilty of

political offenses, generally before or after the institution of the criminal prosecution
and sometimes after conviction.

→ Amnesty looks backward and abolishes and puts into oblivion the offense itself, it so
overlooks and obliterates the offense with which he is charged that the person released
by amnesty stands before the law precisely as though he had committed no offense.

Amnesty Proclamation of September 7, 1946

5. Chief Architect of Foreign Policy

Section 20.

The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such
limitations as may be provided by law.

The Monetary Board shall, within thirty days from the end of every quarter of the
calendar year, submit to Congress a complete report of its decision on applications for
loans to be contracted or guaranteed by the Government or government-owned and
controlled corporations which would have the effect of increasing the foreign debt, and
containing other matters as may be provided by law.

Section 21.

No treaty or international agreement shall be valid and effective unless concurred upon
by at least two-thirds of all the Members of the Senate.

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 A- Answer it categorically , yes or no.

L- Legal Basis, state the constitution or the provision (If you cant remember state
“Under the Constitution” then state the provision.)
A- Application, Contextualize the legal basis to the facts. Apply the legal basis to the
case in hand. (In this case the agency in question is … therefore….)

C- Repeat your first sentence, (Hence in this case y or x is correct or wrong in saying …
because of the provision under the constitution…)

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