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Pp. X.

The Executive
Department (September 5 )
Book Topic Keywords
347
Pormento vs. Estrada, G.R.
No. 191988, August 31,
2010
Sec. 4. Term. Any re-election
Eligibility of president for Re-
election 2010 (Estrada).

Moot and academic No
practical purpose.
Estrada Lost.
352
Estrada vs. Gloria
Macapagal Arroyo, G.R No.
146738, March 2, 2001
Presidential Succession.
Leaving Malacanang not equal
to resignation.
No prior notice of disability and
intent to re-appear after. Held:
1) acknowledged oath taking
2) leaving the palace for peace
and healing of nation
3)Gratitude for the opportunity
(past)
4) Not shirk from future
challenge
5) Promote reconcillation and
solidarity
Singson 3.3 billion Jose
Velarde Account.
11-10 senator vote
(envelope)
Walk-out prosecution
Resignation.
Angara diary - intent to
resign- tired of bureaucracy
red tape.

358
Civil Liberties union v.
Executive Secretary, 194
SCRA 317
Art 7 sec 13. Other office or
employment during tenure.
EO 284 Cory (not more than 2
position with salary)
Art 9 B sec 7 par 2. Unless
otherwise provided by law (VP
as cabinet mem) or by primary
function of position.
Held: EO 284 null & void.
Ex officio required by
primary function - additional
duty so no compensation. By
virtue of title, required by
ofc.
DOTC Sec. ex officio:
Chairman of LRTA.
362
Funa v. Ermita, G.R. No.
184740, February 11, 2010
Art 7 sec 13. Other office or
employment during tenure.

Art 9 B sec 7 par 2. Unless
otherwise provided by law or by
primary function of position.
DOTC USEC Bautista OIC
MARINA. (Arroyo
Appointment)
No compensation as
MARINA OIC but also not Ex
Officio to the primary
function of her orig position.
363
Funa v. Agra, G.R. No.
191644, February 19, 2013
Art 7 sec 13. Other office or
employment during tenure.

Art 9 B sec 7 par 2. Unless
otherwise provided by law or by
primary function of position.
DOJ acting sec Agra Acting
Solicitor General (Arroyo
appointment)
*resignation of Devanadera
congresswoman for
Quezon.
OSG and DOJ are
independent ofcs.
Law does not distinguish on
the nature of appointment
whether temporary or
acting.
363
Betoy vs. Board of
Directors, National Power
Corporation, G.R. Nod.
156556-57, October 4, 2011
Members of Cabinet as
Members of NPB (by congress)
Constitutional (inherent)
-Privatization and restructuring
of electric power industry
involves close coordination on
policy determination of govt
agencies.
-Sec 2 of EPIRA Law: financial,
budgetary and environmental
concerns + coordination w/
LGU.

Betoy one of the many
employees affected by the
reorganization and privatization
of the power industry.
Questioned the validity of the
EPIRA law.
Mandating by congress
additional duties to cabinet
members related to their
skills and expertise in their
ofc. Justified by the demand
of efficiency, policy,
direction, continuity and
coordination with other
branches of govt.
Ex officio is valid.
No payment of addl benefits

378
Rubrico v. GMA, 613 SCRA
233
Presidential Immunity:
-Effective during the tenure

Doctrine of command
responsibility President
(commander-in-chief) can be
held liable for violation against
human rights of the petitioner,
if involved, had knowledge or
failed to exercise diligence.

Writ of amparo desist
threatening act against the
security of petitioner
Lourdes rubrco abducted
by armed men 1 week
interrogation. Base in Lipa
Batangas.
Human rights group
Karapatan investigation
AFP members abductors.
301
st
Air Intelligence and
Security Squadron.

^filed compliant based on
this to ombudsman

CA dropped president as
respondent. Presidential
immunity affirmed by SC,
respect to the office.
367
Senate vs. Ermita, G.R. Nos.
169777, 169659, 169660,
169667, 169834 & 171246,
April 20, 2006
Congress power limitation:
Presidents executive privilege.
Information of sensitive
character. Not automatic need
cert. by press.

Resource speaker. Northrail
project overpricing. Helo garci
tapes
Section 21 legislative
inquiry
Section 22 request only.
Question hour info for
oversight function
EO 464: pres. Cert. for exe
officials sept 28, 2005.
partly constitutional Priv on
leg inc. (Sec 21) VOID.
369,
375 Neri vs. Senate Committee
on Accountability of Public
Presidential Communication
privilege
(natl broadband
project)NBN-ZTE deal (16
billion pesos)
Officers, G.R. No. 180643,
March 25, 2008
>relate to communications
coming from quintessential and
non-delegable powers of
president

Ground must be specified but
There is no need to be
comprehensive. Ermita letter

Operational proximity test -
only communications close
enough to the president to be
revelatory of his deliberations
or pose risk to the candors of
his advisers.
Natl econ devt auth.
(NEDA)

De Venecia III testified in the
hearing that influence was
used in approval of NEDA of
NBN project.

11hrs of interrogation.
Abalos of COMELEC
attempted to bribe him
200M.

3 questions:
1) WON Arroyo followed up
NBN project?
2) WON she directed him to
prioritize it
3) WON she directed him to
approve it

Not appear again.

- Executive privilege
Letter of secretary Ermita
Impair diplomatic and
economic relations with
china.

Senate committees were
Unsatisfied with such
explanation and

Cited him for contempt.
-Willing and did not show
contemptible acts

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