EXECUTIVE

DEPARTMENT
I. Executive Power
- The power to enforce and administer laws vested in the President of the Philippines.

Ferdinand Marcos, et al. vs. Raul Manglapus, et al, G.R. No. 88211, October 27,
1989

“The President, upon whom executive power is vested, has unstated residual
powers which are implied from the grant of executive power and which are
necessary for her to comply with her duties under the Constitution. The powers
of the President are not limited to what are expressly enumerated in the article
on the Executive Department and in scattered provisions of the Constitution.”
A. Faithful Execution Clause

“ Section 17. The President shall have control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully executed.”
Saturnino Ocampo, et al. vs. Ernesto C. Enriquez, G.R.225973,
November 8, 2016

“Under the Faithful Execution Clause, the President has the power
to take "necessary and proper steps" to carry into execution the law.
The mandate is self-executory by virtue of its being inherently
executive in nature and is intimately related to the other executive
functions. It is best construed as an imposed obligation, not a separate
grant of power. The provision simply underscores the rule of law and,
corollarily, the cardinal principle that the President is not above the
laws but is obliged to obey and execute them. Consistent with
President Duterte's mandate under Sec. 1 7, Art. VII of the
Constitution, the burial of Marcos at the LNMB does not contravene
R.A. No. 289, R.A. No. 10368, and the international human rights laws
cited by petitioners. “
I. Presidential Immunity

“Incumbent Presidents are immune from suit or from being brought to court during
the period of their incumbency and tenure" but not beyond. In other words,
presidential immunity from suit exists only in concurrence with the president’s
incumbency [tenure].”

In the Matter of Petition for Writ of Amparo and Habeas Data in Favor of
Noriel H. Rodriguez, G.R. No. 191805, November 15, 2011

“Applying the foregoing rationale to the case at bar, it is clear that

former President Arroyo cannot use the presidential immunity from suit to
shield herself from judicial scrutiny that would assess whether, within the
context of amparo proceedings, she was responsible or accountable for the
abduction of Rodriguez.”
Maximo V. Soliven, et al. vs. Ramon Makasiar, G.R. No. 82585, November 14, 1988

“The rationale for the grant to the President of the privilege of immunity from suit is to
assure the exercise of Presidential duties and functions free from any hindrance or
distraction, considering that being the Chief Executive of the Government is a job that, aside
from requiring all of the office holder's time, also demands undivided attention.

But this privilege of immunity from suit, pertains to the President by virtue of the office
and may be invoked only by the holder of the office; not by any other person in the
President's behalf. Thus, an accused in a criminal case in which the President is complainant
cannot raise the presidential privilege as a defense to prevent the case from proceeding
against such accused.

Moreover, there is nothing in our laws that would prevent the President from waiving the
privilege. Thus, if so minded the President may shed the protection afforded by the privilege
and submit to the court's jurisdiction. The choice of whether to exercise the privilege or to
waive it is solely the President's prerogative. It is a decision that cannot be assumed and
imposed by any other person.”
III. Qualifications of the President and the Vice President (Sec. 2, Art. VII)

1. Natural-born citizen
2. At least 40 years old
3. Read and write
4. Registered voter
5. Resident of the Philippines for at least 10 years

Mary Grace Poe-Llamanzares vs. COMELEC, et al., G.R. NO. 221697, March 8, 2016

“If a candidate cannot be disqualified without a prior finding that he or she is suffering from
a disqualification "provided by law or the Constitution," neither can the certificate of
candidacy be cancelled or denied due course on grounds of false representations regarding
his or her qualifications, without a prior authoritative finding that he or she is not qualified,
such prior authority being the necessary measure by which the falsity of the representation
can be found. The only exception that can be conceded are self-evident facts of
unquestioned or unquestionable veracity and judicial confessions. Such are, anyway, bases
equivalent to prior decisions against which the falsity of representation can be determined.”
IV. Election
1. Election

A. Regular Election:

“Unless otherwise provided by law, the regular election for President and Vice-President
shall be held on the second Monday of May.”

B. Special Election; Requisites (Sec. .10, Art. VII)

i. Death, permanent disability ,removal from office, or resignation of both the

President and the Vice-President;
ii. Vacancies occur more than 18 months before the next regular presidential elections;
iii. Law passed by congress calling for a special elections to elect a President and Vice-
President to be held not earlier than 45 days nor later than 60 days from the time of
such call
 2. Canvassing; Congress as NBOC

“The returns of every election for President and Vice-President, duly certified
by the board of canvassers of each province or city, shall be transmitted to the
Congress, directed to the President of the Senate. Upon receipt of the certificates
of canvass, the President of the Senate shall, not later than thirty days after the day
of the election, open all the certificates in the presence of the Senate and the
House of Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the manner
provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but
in case two or more shall have an equal and highest number of votes, one of them
shall forthwith be chosen by the vote of a majority of all the Members of both
Houses of the Congress, voting separately.”
3. The Supreme Court as Presidential Electoral Tribunal (PET)

“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. The PET is an institution independent but not separate from the

judicial department.
4. Term; Ineligibility to run for re-election (Sec. 4, Art. VII)
“Section 4. The President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at noon on the
thirtieth day of June next following the day of the election and shall end at
noon of the same date, six years thereafter. The President shall not be eligible
for any re-election. No person who has succeeded as President and has served
as such for more than four years shall be qualified for election to the same
office at any time.”

“No Vice-President shall serve for more than two successive terms.
Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of the service for the full term
for which he was elected.”
V. PROHIBITIONS AND INHIBITIONS
A. No increase in salaries during incumbency
B. Shall not receive emoluments or any other sources
C. Prohibited to:
1. Hold any other office
2. Practice any other profession
3. Do business
4. Be financially interested in any contract or franchise granted by the
government

C. Avoid conflict of interest in the conduct of their office

D. May not appoint spouse or relative or affinity (w/in 4th civil degree)
 VI. POWERS OF THE PRESIDENT
A. POWER OF CONTROL

“The President shall have control of all executive

departments, bureaus and offices. He shall ensure that laws are
faithfully executed.” (Art. VII, Sec. 17)

1. Qualified Political Agency (or Alter Ego Principle)

“All executives and administrative organizations are adjuncts of the

Executive Department. The acts of heads of the various departments are
acts of the President disapproved or reprobated by the Chief Executive.”
(A) Exception: Cabinet Secretaries acting in their ex officio capacity

Trade and Investment Development Corporation of the Philippines v.

Manalang-Demigillo, et al., G.R. No. 185571; March 5, 2013

“But the doctrine of qualified political agency could not be

extended to the acts of the Board of Directors of TIDCORP despite
some of its members being themselves the appointees of the
President to the Cabinet. Such Cabinet members sat on the Board
of Directors of TIDCORP ex officio, or by reason of their office or
function, not because of their direct appointment to the Board by
the President. Evidently, it was the law, not the President, that sat
them in the Board. Under the circumstances, when the members
of the Board of Directors effected the assailed 2002 reorganization,
they were acting as the responsible members of the Board of
Directors of TIDCORP pursuant to law, and not as the alter egos of
the President.”
B. POWER OF ADMINISTRATIVE ORGANIZATION

Under the Administrative Code of 1987, the President has continuing authority to
reorganize the Office of the President Proper, and other offices within the Executive
Department.

Rosa Ligaya Domingo, et al. vs. Ronaldo Zamora, G.R. No. 142283, February 6, 2003

The President’s power to reorganize the Office of the President under Section 31
(2) and (3) of EO 292 should be distinguished from his power to reorganize the
Office of the President Proper. Under Section 31 (1) of EO 292, the President can
reorganize the Office of the President Proper by abolishing, consolidating or
merging units, or by transferring functions from one unit to another. In contrast,
under Section 31 (2) and (3) of EO 292, the President’s power to reorganize
offices outside the Office of the President Proper but still within the Office of the
President is limited to merely transferring functions or agencies from the Office
of the President to Departments or Agencies, and vice versa.
(1) Power of the President to:
i. Group and consolidate bureaus and agencies
ii. Abolish offices
iii. Transfer, classify, and create functions, services, and activities
iv. Standardize salaries and materials

(2) Requisites:
v. Good faith
vi. For purpose of economy or to make bureaucracy more efficient
Buklod ng Kawaning EIIB, et al. vs. Executive Secretary Zamora, G.R>. NO. 142801-902,
July 10, 2001.

“In this jurisdiction, reorganizations have been regarded as valid provided they are
pursued in good faith. Reorganization is carried out in 'good faith' if it is for the purpose
of economy or to make bureaucracy more efficient. Pertinently, Republic Act No.
6656 provides for the circumstances which may be considered as evidence of bad faith
in the removal of civil service employees made as a result of reorganization, to
wit: (a) where there is a significant increase in the number of positions in the new
staffing pattern of the department or agency concerned; (b) where an office is
abolished and another performing substantially the same functions is
created; (c) where incumbents are replaced by those less qualified in terms of status of
appointment, performance and merit; (d) where there is a classification of offices in the
department or agency concerned and the reclassified offices perform substantially the
same functions as the original offices, and (e) where the removal violates the order of
separation.”
Louis C. Biraogo vs. The Philippine Truth Commission, G.R. No. 192935, December 7,
2010.

“Section 31 contemplates "reorganization" as limited by the following functional

and structural lines: (1) restructuring the internal organization of the Office of the
President Proper by abolishing, consolidating or merging units thereof or transferring
functions from one unit to another; (2) transferring any function under the Office of the
President to any other Department/Agency or vice versa; or (3) transferring any agency
under the Office of the President to any other Department/Agency or vice versa.
Clearly, the provision refers to reduction of personnel, consolidation of offices, or
abolition thereof by reason of economy or redundancy of functions. These point to
situations where a body or an office is already existent but a modification or alteration
thereof has to be effected. The creation of an office is nowhere mentioned, much less
envisioned in said provision. Accordingly, the answer to the question is in the negative.”
Louis C. Biraogo vs. The Philippine Truth Commission, G.R. No. 192935, December 7,
2010.

“In the same vein, the creation of the PTC is not justified by the President’s power
of control. Control is essentially the power 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. Clearly, the power of control is entirely
different from the power to create public offices. The former is inherent in the
Executive, while the latter finds basis from either a valid delegation from Congress, or
his inherent duty to faithfully execute the laws.

While the power to create a truth commission cannot pass muster on the basis of
P.D. No. 1416 as amended by P.D. No. 1772, the creation of the PTC finds justification
under Section 17, Article VII of the Constitution, imposing upon the President the duty
to ensure that the laws are faithfully executed.”
C. POWER OF APPOINTMENT

1. Regular Appointments:

Appointments made by the President while Congress is in session. Appointments by the

President may be made with or without confirmation by the Commission of Appointments
(COA), as the case may be.

a. Appointments that require confirmation of the COA

i. Heads of executive departments except appointment of VP as cabinet

member
ii. Ambassadors, other public ministers and consuls
iii. Officers of the armed forces from the rank of colonel or naval captain
iv. Other officers whose appointment is vested by the Constitution to the
President such as Chairman and Commissioners of Constitutional Commissions
b. Appointments that do not require confirmation of the CA

i. All other officers whose appointments are not otherwise provided by

law.
ii. Those whom the President may be authorized by law to appoint.
iii. Other officers lower in rank whose appointments the Congress, by law,
vests in the President alone.
iv. The Vice-President being appointed as an ex-officio head of an
executive department.
v. Acting appointments
2. Ad interim Appointments:

Appointment made by the President when Congress is not in session or

is in recess, and which requires confirmation by the Commission on
Appointment.

a. Such appointment is not a mere temporary appointment but

permanent.

b. Terminated upon: (i) disapproval of the appointment by the

Commission on Appointment; or (ii) bypassed by the Commission (i.e.
adjournment of the Congress without the Commission acting on the
appointment.
c. Effects of termination

1. If disapproved:

Appointee can no longer be extended a new appointment. The disapproval is a

final decision of the Commission in the exercise of its checking power on the
appointing authority of the President, and such decision is final and binding on the
appointee and the President.

2. If by-passed:

President is free to renew the ad interim appointment.

3. Permanent Appointments

Those extended to persons possessing the qualifications and the requisite

eligibility and are thus protected by the constitutional guarantee of security of
tenure.

4. Temporary/Acting Appointments

Those which last until a permanent appointment is made. An acting appointee

accepts the position on the condition that he shall surrender the office
once he is called to do so by the appointing authority. Term of office is
not fixed but endures at the pleasure of the appointing authority
5. Midnight Appointments (Prohibited)

“Appointment made by the President in the executive department two (2) months
immediately before the next presidential election up to the end of his term.”

(a) Exceptions / When prohibition does not apply:

i. Temporary appointments to executive positions when continued vacancies

therein will prejudice public service or endanger public safety (Art. VII, Sec. 15).

ii. Appointments in the Judiciary made by the President two months before the
next presidential election (De Castro v. JBC, G.R. No. 191002, March 17, 2010).
F. Appointments made by an Acting President

“Appointments extended by an acting President shall remain effective unless

revoked by the elected President within 90 days from his assumption office.” (Art. VII,
Sec. 14).

Such limitation emphasizes the caretaker capacity of the Acting President but at the
same time allows the elected President to ratify his appointments by mere inaction
during the specified ninety days.
D. Removal Power

General Rule:
The President may remove from office the officials he appointed. This is because the
power of removal may be implied from the power of appointment. However, this power
must be read side by side with “security of tenure”.

Exception:

The Constitution prescribes methods of separation of such officers from public service
such as:
i. Chairmen and Commissioners of Constitutional Commissions (removed by
impeachment);
ii. Members of the Supreme Court (by impeachment);
iii. Judges of inferior courts (removed only by the SC);
iv. Ombudsman (by impeachment)
Emilio A. Gonzales III vs. Office of the President, et al., G.R. No. 196231,
January 28, 2014

“We declared Section 8(2) of RA No. 6770 vesting disciplinary authority in

the President over the Deputy Ombudsman unconstitutional by granting
disciplinary jurisdiction to the President over a Deputy Ombudsman, in
violation of the independence of the Office of the Ombudsman.

However, the Court did not consider the Office of the Special Prosecutor
to be constitutionally within the Office of the Ombudsman and is, hence, not
entitled to the independence the latter enjoys under the Constitution.”
E. MILITARY POWERS
A. Calling out power
B. Suspension of the privilege of the writ of habeas corpus
C. Declaration of Martial Law

Section 18 grants the President, as Commander-in-Chief, whenever it

becomes necessary, the power to call out the armed forces in cases of
(1) lawless violence, (2) rebellion and (3) invasion. In the latter two
cases, i.e., rebellion or invasion, the President may, when public safety
requires, also (a) suspend the privilege of the writ of habeas corpus, or
(b) place the Philippines or any part thereof under martial law.
A. Calling-out power
Panfilo Lacson vs. Hernando Perez, G.R. No. 147780, May 10, 2008.

“In the exercise of this calling out power as Commander-in-Chief of the

armed forces, the Constitution does not require the President to make a
declaration of a "state of rebellion" (or, for that matter, of lawless violence or
invasion). The term "state of rebellion" has no legal significance. It is vague
and amorphous and does not give the President more power than what the
Constitution says.

A declaration of a "state of rebellion," at most, only gives notice to the nation

that it exists, and that the armed forces may be called to prevent or suppress
it, as in fact she did. Such declaration does not justify any deviation from the
Constitutional proscription against unreasonable searches and seizures.”
 Integrated Bar of the Philippines v. Zamora, G.R. 141284, August 15, 2000

“Under Section 18, Article VII of the Constitution, in the exercise of the power to
suspend the privilege of the writ of habeas corpus or to impose martial law, two
conditions must concur: (1) there must be an actual invasion or rebellion and, (2)
public safety must require it. These conditions are not required in the case of the
power to call out the armed forces. The only criterion is that "whenever it becomes
necessary," the President may call the armed forces "to prevent or suppress lawless
violence, invasion or rebellion." The implication is that the President is given full
discretion and wide latitude in the exercise of the power to call as compared to the
two other powers.

Unless the petitioner can show that the exercise of such discretion was gravely
abused, the President’s exercise of judgment deserves to be accorded respect from
this Court.”
 Randolf David vs. Gloria Macapagal Arroyo, G.R. No. 171396, May 3, 2006

“President Arroyo’s declaration of a "state of rebellion" was merely an act declaring a status
or condition of public moment or interest Xxx. Such declaration is harmless, without legal
significance, and deemed not written. In these cases, PP 1017 is more than that. In declaring a
state of national emergency, President Arroyo did not only rely on Section 18, Article VII of the
Constitution, a provision calling on the AFP to prevent or suppress lawless violence, invasion or
rebellion. She also relied on Section 17, Article XII, a provision on the State’s extraordinary
power to take over privately-owned public utility and business affected with public interest.

Section 17, Article XII must be understood as an aspect of the emergency powers clause.
The taking over of private business affected with public interest is just another facet of the
emergency powers generally reposed upon Congress. Thus, when Section 17 states that the
"the State may, during the emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any privately owned public utility or business
affected with public interest," it refers to Congress, not the President. Now, whether or not the
President may exercise such power is dependent on whether Congress may delegate it to him
pursuant to a law prescribing the reasonable terms thereof.”
B. Declaration of Martial Law and
suspension of the writ of habeas corpus
Twin Grounds:
i. Invasion or rebellion AND
ii. Public safety requires it

Parameters of Extension / Constitutional limitations:

a. Duration
b. Duty of the President to report to Congress
c. Revocation or Extension by Congress
d. Review by the Supreme Court
A. Duration
General Rule:
-The duration of such suspension or proclamation shall not exceed 60
days, following which it shall be automatically lifted.

Exception:
- Unless extended by the Congress.

B. President must report to Congress

- Within 48 hours after such proclamation, the President shall personally or in
writing report his action to the Congress.
- If not in session, Congress must convene within 24 hours without need of a
call.
C. Revocation or Extension by Congress
- Congress has the authority to revoke or extend the effectivity of the proclamation by:
• majority vote
• of ALL its members
• voting jointly

- Congress may, upon initiative by the President, extend his suspension or proclamation
for a period to be determined by the Congress if the invasion or rebellion shall
continue and the public safety requires the extension.

- The Constitution does not specify the number of times the Congress is allowed to
approve an extension of martial law or the suspension of the privilege of the writ of
habeas corpus (Lagman v. Pimentel, G.R. No. 235935, February 06, 2018).

- Congress is not constitutionally mandated to convene in joint session for any other
purpose except to vote jointly to revoke the President’s declaration or suspension
(Padilla vs. Congress, G.R. No. 231671, July 25, 2017).
D. Review by the Supreme Court

- The action of the President and the Congress shall be subject to review by
the Supreme Court which shall have the authority to determine the
sufficiency of the factual basis of such action.

- Such matter is no longer considered a political question and may be raised in

an appropriate proceeding by any citizen.

- The Supreme Court must decide the challenge within 30 days from the time
the action was filed.
Sufficiency of Factual Basis Test
(Lagman vs. Medialdea, G.R. No. 231658, July 4, 2017)

We, therefore, hold that the Court can simultaneously exercise its power of
review with, and independently from, the power to revoke by Congress. Corollary,
any perceived inaction or default on the part of Congress does not deprive or
deny the Court of its power to review.

It must be stressed, however, that the graduation refers only to hierarchy based
on scope and effect. It does not in any manner refer to a sequence, arrangement,
or order which the Commander-in-Chief must follow. This so-called "graduation of
powers" does not dictate or restrict the manner by which the President decides
which power to choose.
EXECUTIVE
CLEMENCY
 EXECUTIVE CLEMENCY
A. Reprieves
B. Communications
C. Pardons
D. Amnesty
E. Remission of fines and forfeitures of amnesty

(Art. VII, Sec. 19)

A. Reprieve
- Postpones the execution of a sentence to a day certain (People vs.
Vera, G.R. No. L-45685, November 16, 1937).

B. Commutation
- A remission of a part of the punishment; a substitution of a lesser
penalty for the one originally imposed (People vs. Vera, G.R. No. L-
45685, November 16, 1937).
C. Pardon
- Act of grace which exempts the individual on whom it is bestowed
from punishment which the law inflicts for a crime he has committed.
A pardon is a deed, to the validity of which delivery is not complete
without acceptance. It can be rejected (United States v. Wilson, G.R.
No. 90-1745, March 24, 1992).

- Discretionary on the part of the President and may not be controlled

by the legislature or reversed by the court, unless there is a
constitutional violation.

- Pardon is subject to the limitations imposed by the Constitution, the

pardoning power cannot be restricted or controlled by legislative
action (Risos-Vidal v. COMELEC, G.R. No. 206666, January 21, 2015).
Doctrine of Non-Diminution/Non-Impairment of the President’s
Power of Pardon
- Any act of Congress by way of statute cannot operate to delimit the
pardoning power of the President.

Limitations to the Pardoning Power

a. Cannot be granted in cases of impeachment (Art. VII, Sec. 19).
b. Cannot be granted in violations of election laws without the favorable
recommendation of the COMELEC (Art. IX-C, Sec. 5)
c. Can be granted only after conviction by final judgment.
d. Cannot absolve the convict of civil liability.
e. Cannot be granted to cases of legislative contempt or civil contempt.
f. Cannot restore public offices forfeited, even if pardon restores the eligibility
for said offices (Monsanto v. Factoran, Jr., G.R. No. 78239, February 9,
1989).
Kinds of Pardon:
a. Classification as to effect:
i. Plenary – extinguishes all the penalties imposed including accessory disabilities.
ii. Partial – does not extinguish all penalties.

b. Classification as to presence of condition:

iii. Absolute Pardon – does not impose any condition upon the pardonee and its
effective upon acceptance.

iv. Conditional Pardon – Effectivity of the pardon is subject to conditions which the
offender upon acceptance.

(Cabantag v. Wolfe, G.R. No. 3080, May5, 1906)

D. Amnesty

- Amnesty commonly denotes a general pardon to rebels for their treason

or other high political offenses, or for the forgiveness which one
sovereign grants to the subjects of another, who have offended, by some
break, the law of nations. 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
(Magdalo v. COMELEC, G.R. No. 190793, June 19, 2012).

- A grant of amnesty by the President must be with the concurrence of

majority of all the members of the Congress.
E. Remission of fines and forfeitures
- Prevents the collection of fines or confiscated property; it cannot
however have the effect of returning property which has already ben
vested in third parties or money which has been placed in the public
treasury.

Parole
- Release from imprisonment, but without full restoration of liberty, as
parolee is in the custody of the law although not in confinement until the
expiration of his sentence.
 POWERS PERTINENT TO FOREIGN
RELATIONS
A. Borrowing Power

B. Diplomatic Power
A. Borrowing Power
- The power of the President to contract or guarantee foreign loans on
behalf of the Republic.
- Must be done with concurrence of the Monetary Board, subject to such
limitations as may be provided by law. (Art. VII, Sec. 20)

The provision is clear, it allows the President to contract and guarantee

foreign loans. It makes no prohibition on the issuance of certain kinds
of loans or distinctions as to which kinds of debt instruments are more
onerous than others. This Court may not ascribe to the Constitution
meanings and restrictions that would unduly burden the powers of the
President. (Constantino v. Cuisia, G.R. No. 106064, October 13, 2005)
B. Diplomatic Power
The President’s diplomatic power includes:

i. The power to make Treaties (Art. VII, Sec. 21)

ii. The Power to Appoint Ambassadors and other public ministers

duly accredited to the Philippines

iii. Deportation power (Tan Ting v. Deportation Bxoard, G.R. No. L-

17169, November 30, 1963).
Treaty-Making Power and Ratification
- The power to negotiate, enter, and ratify international treaties is vested
in the President, subject to the concurrence of the Senate.

Concurrence of the Senate

- 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.
Aquilino Pimentel, Jr. v. Office of the Executive Secretary
(G.R. No. 158088, July 6, 2005)
- The role of the Senate is limited only to giving or withholding its
consent, or concurrence, to the ratification.

- It is within the authority of the President to refuse to submit a treaty to

the Senate or, having secured its consent for its ratification, refuse to
ratify it.

- The refusal of the a State to ratify a treaty which it signed in its behalf is
within the competence of the President alone, which cannot be
encroached by the Court via a writ of mandamus.
International Agreement vs. Treaty

International agreement shall refer to a contract or understanding,

regardless of nomenclature, entered into between the Philippines and
another government in written form and governed by international law,
whether embodied in single instruments.

Treaties are international agreements entered into by the Philippines which

require legislative concurrence after executive ratification. This term may
include compacts like conventions, declarations, covenants and acts.

Executive Agreements are similar to treaties except that they do not require
legislative concurrence.
 RULES OF SUCCESSION
There are two set of rules on presidential succession:

I. Vacancy before the President’s term (Art. VI, Sec. 7)

II. Vacancy during the President’s term (Art. VI, Sec. 8)

I. Vacancy before the beginning of the term
• Death or permanent Disability of the President-elect:
 Vice President-elect shall become President.

• President-elect fails to qualify:

 Vice President-elect shall act as the President until the President-elect shall
have qualified.

• President shall not have been chosen:

 Vice President-elect shall act as the President until a President shall have been chosen
and qualified.

• No Pres. and VP chosen or qualified; or both died or disabled:

 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.
II. Vacancy during the term
In case of death, permanent disability, removal from office, or
resignation of the President, the Vice President shall become the
President.

Requisites of resignation:
a. Intent to resign
b. Act of relinquishment
Estrada v. Arroyo (G.R. No. 146738, March 2, 2001)
The requisites of resignation were present in the case of Estrada as evidenced
by the following acts:

(i) he acknowledged the oath-taking of President Arroyo as President;

(ii) he emphasized he was leaving the palace for the sake of peace and in order to
begin the healing process;

(iii) he expressed his gratitude to the people for the opportunity to serve them as
president;

(iv) he assured that he will not shrink from any future challenge that may come in the
same service of the country; and lasty,

(v) he called on his supporters to join him in the promotion of a constructive national
spirit of reconciliation and solidarity.
Temporary Disability of the President
The Vice-President as Acting President, shall assume the powers and
duties of the President in the ff. instances:

i. Whenever the President transmits to the President of the Senate and the
Speaker of the House of Representatives 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;

ii. Whenever a majority of all the Members of the Cabinet transmit to the
President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to
discharge the powers and duties of his office.

(Art. VII, Sec. 11)