Professional Documents
Culture Documents
TERM OF OFFICE
Period, duration or length of time during which an
officer may claim to hold the office as of right, and
fixes the interval after which the several
incumbents shall succeed one another
Fixed by law
TENURE OF OFFICE
Period during which the incumbent actually holds
the office
Not fixed; maybe shorter for reasons within or
beyond the power of the incumbent
Term of President and Vice-President is six (6)
years to
commence at noon on the 30th day of June
following the day of the election and shall end
at noon of the same date six (6) years
thereafter. (Art. VII, Sec. 4[1])
POWERS OF THE PRESIDENT
EXECUTIVE POWER – power to enforce and
administer laws.
Different Powers of the President
1. Appointment Power (Art. VII, Sec.
16)
2. Removal Power (implied from the
power to appoint)
3. Control Power (Art. VII, Sec. 17)
4. Take-Care Clause (Art. VII, Sec. 17,
2nd sentence)
5. Military Power (Art. VII, Sec. 18)
6. Pardoning Power (Art. VII, Sec. 19)
7. Borrowing Power (Art. VII, Sec. 20)
8. Diplomatic Power (Art. VII, Sec. 21)
9. Budgetary Power (Art. VII, Sec. 22)
10. Informing Power (Art. VII, Sec. 23)
11. Residual Powers
Other Powers
a. Call Congress to a special session(Art. VI, Sec.
15)
b. Approve or veto bills (Art. VI,Sec. 27)
c. Deport aliens (Qua Chee Gan v. The
Deportation Board, G.R. No. L-10280, September
30, 1963)
d. Consent to deputization of government
personnel by COMELEC [Art. IX-C, Sec. 2[4])
e. Discipline such deputies (Art.IX-C, Sec. 2[8])
f. General supervision over local government units
and autonomous regional governments (Art. X)
g. Emergency and tariff powers(Art. VI, Sec. 23[2])
Appointment Powers(Art VII,
Sec 16)
definition- Appointment is the selection, by
the authority vested with the power, of an
individual who is to exercise the functions of a
given office.
Appointment vs. Designation
APPOINTMENT-Selection of individual who will
exercise function of a given office
DESIGNATION- Imposition of new or additional
duties on officer already in the government
service
Appointments are
Vested in the President
a. Scope
i. Command of the Armed Forces
ii. Suspension of the Privilege of Writ of
Habeas Corpus
iii. Declaration of Martial Law
Limitations:
Safeguards on the Exercise of the President’s
Power to Proclaim Martial Law:
i. There must be actual invasion or rebellion
ii. The duration of the proclamation shall not
exceed sixty days
iii. Within 48 hours, the Presidents shall report his
action to Congress. If Congress is not in session, it
must convene within 24 hours
iv. Congress may by majority vote of all its
members voting jointly revoke the proclamation,
and the President cannot set aside the revocation
v. By the same vote and in the same manner,
upon initiative of the President, congress may
extend the proclamation if the invasion or
rebellion continues and public safety requires
the extension
vi. The Supreme Court may review the factual
sufficiency of the proclamation, and the
Supreme Court must decide the case within
thirty days from the time it was filed
vii. Martial law does not automatically
suspend the privilege of the writ of habeas
corpus or the operation of the Constitution. It
does not supplant the functioning of the civil
courts and of congress. Military courts have
no jurisdiction over civilians where civil courts
are able to function
How Proclamation of Martial Law or
Suspension of Privilege of Writ of Habeas
Corpus is lifted
i. By the President himself
ii. Revocation by Congress
iii.Nullification by the Supreme Court
iv.Operation of law after 60 days
State of Rebellion
The President has full discretionary powers to
declare a state of
rebellion. The Court may only look into the
sufficiency of the factual basis of the exercise
of this power.
(Lacson v. Perez, 357 SCRA 756)
When the President calls the armed forces to
prevent or suppress lawless violence, invasion
or rebellion, he necessarily exercises a
discretionary power solely vested in his
intent of the framers and from the text of the
Constitution itself. The Court, thus, cannot be
called upon to overrule the President’s
wisdom or substitute its own. However, this
does not prevent an examination of whether
such power was exercised within permissible
constitutional limits or whether it was
exercised in a manner constituting grave
abuse of discretion. (IBP v. Zamora, G.R. No.
141284, August 15, 2000)
Warrantless Arrests During State of Rebellion
In quelling or suppressing the rebellion, the
authorities may only resort to warrantless
arrests of persons suspected of rebellion, as
provided under Section 5, Rule 113 of the
Rules of Court, if the circumstances so
warrant. (Lacson v. Perez, 357 SCRA 756)
PARDONING POWER