Professional Documents
Culture Documents
Nachura Executive-Department
Nachura Executive-Department
Constitutional Law
A. The President
ii) In the exercise of this power, Congress may validly delegate the
initial determination of the authenticity and due execution of the certificates of
canvass to a Joint Congressional Committee, composed of members of the House
of Representatives and of the Senate. The creation of the Joint Committee does
not constitute grave abuse and cannot be said to have deprived petitioner and the
other members of Congress of their congressional prerogatives, because under
the very Rules under attack, the decisions and final report of the said Committee
shall be subject to the approval of the joint session of both Houses of Congress,
voting separately [Ruy Elias Lopez v. Senate of the Philippines, G.R. No. 163556,
June 8, 2004]
iii) Even after Congress has adjourned its regular session, it may
continue to perform this constitutional duty of canvassing the presidential and vice-
presidential election results without need of any call for a special session by the
President. The joint public session of both Houses of Congress convened by
express directive of Sec. 4, Art. VII of the Constitution to canvass the votes for and
to proclaim the newly-elected President and Vice-President has not, and cannot,
adjourn sine die until it has accomplished its constitutionally mandated tasks. For
only when a board of canvassers has completed its functions is it rendered functus
officio [Aquilino Pimentel, Jr. v. Joint Committee of Congress to Canvass the votes
cast for President and Vice President, G R No 163783 June 22, 2004], ’
c)
Supreme Court as Presidential Electoral Tribunal. The Supreme
Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns and qualifications of the President or Vice President, and may promulgate
its rules for the purpose.
a) Official residence.
the public interest in enforcing that obligation in a particular case. In light of this
highly exceptional nature of the privilege, the Court finds it essential to limit to the
President (and to the Executive Secretary, by order of the President) the power to
invoke the privilege [Senate v. Ermita, supra.].
6. Prohibitions/lnhibitions [Secs. 6 & 13, Art. V///. Paragraphs (a) to (d) apply
to the Vice President; paragraphs (b) to (d) also apply to Members of the Cabinet,
their deputies or assistants. During tenure:
a) Shall not receive any other emoluments from the government or any
other source.
b) Unless otherwise provided in this Constitution, shall not hold any other
office or employment.
, 7. Rules on Succession.
iii) President shall not have been chosen: Vice President-elect shall
act as President until a President shall have been chosen and qualified.
iv) No President and Vice President chosen nor shall have qualified,
or both shall have died or become permanently disabled: The President of the
Senate or, in case of his inability, the Speaker of the House of Representatives
shall act as President until a President or a Vice President shall have been chosen
and qualified. In the event of inability of the officials mentioned, Congress shall,
by law, provide for the manner in which one who is to act as President shall be
selected until a President or a Vice President shall have qualified.
leaving Malacanang. In the press release containing his final statement, [i] he
acknowledged the oath-taking of the respondent as President; [ii] he emphasized
he was leaving the palace for the sake of peace and in order to begin the healing
process (he did not say that he was leaving due to any kind of disability and that he
was going to reassume the Presidency as soon as the disability disappears); [iii] he
expressed his gratitude to the people for the opportunity to serve them as President
(without doubt referring to the past opportunity); [iv] he assured that he will not shirk
from any future challenge that may come in the same service of the country; and [v]
he called on his supporters to join him in the promotion of a constructive national
spirit of reconciliation and solidarity. The Court declared that the elements of a valid
resignation are: [1] intent to resign; and [2] act of relinquishment. Both were present
when President Estrada left the Palace.
c) Temporary Disability.
i) When President transmits to the Senate President and the
Speaker of the House his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to them a written declaration
to the contrary: such powers and duties shall be discharged by the Vice President
as Acting President.
ii) When a majority of all the Members of the Cabinet transmit to the
Senate President and the Speaker their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice President shall
immediately assume the powers and duties of the office as Acting President, x x x
Thereafter, when the President transmits to the Senate President and Speaker his
written declaration that no inability exists, he shall reassume the powers and duties
of his office. Meanwhile, should a majority of the Members of the Cabinet transmit
within 5 days to the Senate President and Speaker their written declaration that the
President is unable to discharge the powers and duties of his office, Congress shall
decide the issue. For this purpose, Congress shall convene, if not in session, within
48 hours. And if, within 10 days from receipt of the last written declaration or, if not
in session, within 12 days after it is required to assemble, Congress determines by
a 2/3 vote of both Houses, voting separately, that the President is unable to
discharge the powers and duties of his office, the Vice President shall act as
President; otherwise, the President shall continue exercising the powers and
duties of his office.
2. Vacancy in the office of the Vice President [Sec. 9, Art. VII]: The President
shall nominate a Vice president from among the members of the Senate and the
House of Representatives who shall assume office upon confirmation by a majority
vote of all the Members of both Houses of Congress voting separately.
a) The executive power is the power to enforce and administer the laws.
In National Electrification Administration v. Court of Appeals, G.R. No. 143481,
February 15, 2002, the Supreme Court said that as the administrative head of the
government, the President is vested with the power to execute, administer and
carry out laws into practical operation. Executive power, then, is the power of
carrying out the laws into practical operation and enforcing their due observance.
2. The Power of Appointment [Sec. 16, Art. VII: “The President shall
nominate and, with the consent of the Commission on Appointments, appoint the
heads of the executive departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this Constitution. He
shall also appoint all other officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be authorized by law to
appoint. The Congress may, by law, vest the appointment of other officers lower
in rank in the President alone, in the courts, or in the heads of departments,
agencies, commissions or boards.”].
b) Appointments, classified.
i) The first sentence of Sec. 16, Art. VII, says that the President
shall nominate, and with the consent of the Commission on Appointments, appoint
the following: {a] Heads of executive departments; [b] Ambassadors,
other public ministers and consuls; [c] Officers of the armed forces from the rank
of colonel or naval captain; and [dj Those other officers whose appointments are
vested in him in the Constitution.
ib) In Soriano v. Lista, G.R. No. 153881, March 24, 2003, the
Supreme Court said that because the Philippine Coast Guard (PCG) is no longer
part of the Philippine Navy or the Armed Forces of the Philippines, but is now under
the Department of Transporation and Communications (DOTC), a civilian agency,
the promotion and appointment of respondent officers of the PCG will not require
confirmation by the Commission on Appointments. Obviously, the clause “officers
of the armed forces from the rank of colonel or naval captain” refers to military
officers alone.
ii) The second sentence of Sec. 16, VII, states that he shall also
appoint [a] All other officers of the Government whose appointments are not
otherwise provided by law; and [b] Those whom he may be authorized by law to
appoint.
iic) In Rufino v. Endriga, G.R. No. 113956, July 21, 2006, the
Supreme Court declared that a statute cannot circumvent the constitutional
provisions on the power of appointment by filling vacancies in a public office through
election by the co-workers in that office. This manner of filling vacancies in public
office has no constitutional basis. Thus, because the challenged section of the law
is unconstitutional, it is the President who shall appoint the trustees, by virtue of
Sec. 16, Art. VII of the Constitution which provides that the President has the power
to appoint officers whose appointments are not otherwise provided by law.
3. The Power of Control [Sec. 17, Art. VII: "The President shall have
control of all the executive departments, bureaus, and offices, x x x’].
officers perform their duties, and if the latter fail or neglect to fulfill them, then the
former may take such action or steps as prescribed by law to make them perform
these duties.
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 or 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 business are, unless
disapproved or reprobated by the Chief Executive presumptively the acts of the
Chief Executive [DENR v. DENR Region XII Employees. G.R. No. 149724, August
19, 2003].
President, and there is no need to appeal the decision to the President in order to
complete exhaustion of administrative remedies [Kilusang Bayan, etc., v.
Dominguez, 205 SCRA 92],
d) But the power of control may be exercised by the President only over
the acts, not over the actor [Angangco v. Castillo, 9 SCRA 619].
autonomy, as well as the doctrine of separation of powers of the executive and the
legislative departments in governing municipal corporations [Judge Dadole v.
Commission on Audit, G.R. No. 125350. December 3, 2002].
ii) Sec. 187, R.A. 7160, which authorizes the Secretary of Justice
to review the constitutionality or legality of a tax ordinance — and, if warranted, to
revoke it on either or both grounds — is valid, and does not confer the power of
control over local government units in the Secretary of Justice, as even if the latter
can set aside a tax ordinance, he cannot substitute his own judgment for that of
the local government unit [Drilon v. Lim, 235 SCRA 135],
iii) In Pimentel v. Aguirre, G.R. No. 132988, July 19, 2000, the
Supreme Court held that Sec. 4, Administrative Order No. 327, which withholds
5% of the Internal Revenue Allotment (IRA) of local government units, is
unconstitutional, because the President’s power over local governments is only
one of general supervision, and not one of control. A basic feature of local fiscal
autonomy is the automatic release of LGU shares in the national internal revenue.
This is mandated by no less than the Constitution.
4. The Military Powers [Sec. 18, Art. VII: “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 cases of invasion or rebellion, when the
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. x x x”]
ib) The vitality, of the tenet that the President is the commander-
in-chief of the AFP is most crucial to the democratic way of life, to civil supremacy
over the military, and to the general stability of our representative system of
government. The Court quoted Kapunan v. De Villa: “The Court is of the view that
such is justified by the requirements of military discipline. It cannot be gainsaid that
certain liberties of persons in the military service, including the freedom of speech,
may be circumscribed by rules of military discipline. Thus, to a certain degree,
individual rights may be curtailed, because the effectiveness of the military in
fulfilling its duties under the law depends to a large extent on the maintenance of
discipline within its ranks. Hence, lawful orders must be followed without question
and rules must be faithfully complied with, irrespective of a soldier’s personal view
on the matter.”
reason, a President must be careful in the exercise of her powers. She cannot
invoke a greater power when she wishes to act under a lesser power.
iid) In Lacson v. Perez, G.R. No. 147780. May 10, 2001, the
Supreme Court said that the President has discretionary authority to declare a
“state of rebellion”. The Court may only look into the sufficiency of the factual basis
for the exercise of the power.
her powers as chief executive and, at the same time, draws strength from her
Commander-in-Chief powers. However, a mere declaration of a state of rebellion
cannot diminish or violate constitutionally protected rights. There is also no basis
for the apprehensions that, because of the declaration, military and police
authorities may resort to warrantless arrests. As held in Lacson v. Perez, supra.,
the authorities may only resort to warrantless arrests of persons suspected of
rebellion as provided under Sec. 5, Rule 113 of the Rules of Court. Be that as it
may, the Court said that, in calling out the armed forces, a declaration of a state of
rebellion is an “utter superfluity”. At most, it only gives notice to the nation that such
a state exists and that the armed forces may be called to prevent or suppress it.
“The Court finds that such a declaration is devoid of any legal significance. For all
legal intents, the declaration is deemed not written.”
iii) The power to organize courts martial for the discipline of the
members of the armed forces, create military commissions for the punishment of
war criminals. See Ruffy v. Chief of Staff, 75 Phil 875; Kuroda v. Jalandoni 42
0.G.4282.
iiia) But see Olaguer v. Military Commission No. 34, 150 SCRA
144, where it was held that military tribunals cannot try civilians when civil courts
are open and functioning. In Quilona v. General Court Martial, 206 SCRA 821, the
Supreme Court held that pursuant to R.A. 6975, members of the Philippine
National Police are not within the jurisdiction of a military court.
iv) Congress may revoke [or extend on request of the President] the
effectivity of proclamation byy a majority vote of all its members, voting jointly.
vi) The suspension of the privilege of the writ does not impair the
right to bail [Sec. 13, Art. III].
viii) During the suspension of the privilege of the writ, any person
thus arrested or detained shall be judicially charged within three days, otherwise
he shall be released.
c) Martial Law. “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” [Sec. 18, Art. VII].
5. The Pardoning Power [Sec. 19, Art. VII: “Except in cases of impeachment,
or as otherwise provided in the Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures, after conviction by
final judgment. He shall also have the power to grant amnesty with the concurrence
of a majority of all the members of the Congress”.]
a) Definitions:
c) Limitations on exercise:
d) Pardon Classified.
i) Plenary or partial.
ii) Absolute or conditional.
iia) On conditional pardon, see Torres v. Gonzales, 152 SCRA 273. The rule is
reiterated in In Re: Petition for Habeas Corpus of Wilfredo
S. Sumulong, supra., that a conditional pardon is in the nature of a contract
between the Chief Executive and the convicted criminal; by the pardonee’s consent
to the terms stipulated in the contract, the pardonee has placed himself under the
supervision of the Chief Executive or his delegate who is duty bound to see to it
that the pardonee complies with the conditions of the pardon. Sec. 64 (i), Revised
Administrative Code, authorizes the President to order the arrest and re-
incarceration of such person who, in his judgment, shall fail to comply with the
conditions of the pardon. And the exercise of this Presidential judgment is beyond
judicial scrutiny.
e) Amnesty.
ii) In Vera v. People of the Philippines, 7 SCRA 152, it was held that
to avail of the benefits of an amnesty proclamation, one must admit his guilt of the
offense covered by the proclamation.
6. The Borrowing Power. Sec. 20, Art. VII: “The President may
contract or guarantee foreign loans on behalf of the Republic with the prior
concurrence of the Monetary Board, and subject to such limitations as may
be provided by law. The Monetary Board shall, within 30 days from the end
of every quarter, submit to the Congress a complete report of its decisions
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. ”
7. The Diplomatic Power. Sec. 21, Art. VII: “No treaty or international
agreement shall be valid and effective unless concurred in by at least 2/3 of all the
members of the Senate. ”
b) But see Bayan v. Executive Secretary, G.R. No. 138570, October 10,
2000, where the Supreme Court said that the Philippine government had complied
with the Constitution in that the Visiting Forces Agreement (VFA) was concurred
in by the Philippine Senate, thus complying with Sec.-21, Art. VII. The Republic of
the Philippines cannot require the United States to submit the agreement to the
US Senate for concurrence, for that would be giving a strict construction to the
phrase, “recognized as a treaty”. Moreover, it is inconsequential whether the US
treats the VFA as merely an executive agreement because, under international
law, an executive agreement is just as binding as a treaty.
8. Budgetary Power. Sec. 22, Art. VII: “The President shall submit
to Congress within 30 days from the opening of every regular session, as the basis
of the general appropriations act, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue measures. ”
,
9. The Informing Power. Sec. 23, Art. VII: “The President shall address the
Congress at the opening of its regular session. He may also appear before it at
any other time.”