Professional Documents
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EXECUTIVE DEPARTMENT
The President
Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40
years old
5. resident of the Philippines for at least 10
years immediately preceding such election
Election
- Regular Election: 2nd Monday of May
- Congress as Board of Canvassers
2 or more candidates shall have an equal
and highest number of votes, one of them
shall be chosen by a majority vote of all
members of Congress.
- Congress has the authority to proclaim
the winning candidates for the position of
President and Vice President
- Congress may delegate the initial
determination of the authenticity and due
execution of the certificate of canvass to a
Joint Congressional Committee, composed
of members of the House and Senate
- The decisions and final report of the
Committee shall be subject to the approval
of the joint session of both Houses if
Congress, voting separately.
- Even if 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.
- No constitutional or statutory basis for
COMELEC to undertake a separate and an
unofficial tabulation of results
descends to the level of private organization
while using public funds, violates exclusive
prerogative of NAMFREL and taints
integrity of envelopes containing ER and the
ERs themselves.
Rules on Succession
- Vacancy at the BEGINNING of term
DEATH
or VP-elect
shall
PERMANENT
become President
DISABILITY
of
President elect
President-elect fails to VP-elect shall act
qualify
as President until
President-elect
shall have qualified
President shall not VP-elect shall act
have been chosen
as President until
President-elect
shall have been
chosen
and
qualified
No President and VP:
Senate President or
- Chosen
in case of his
- Qualified
disability,
the
- Both died
Speaker of the
- Both
become House shall act as
permanently disabled
President until a
President or VP
shall been chosen
and qualified.
In case of inability
of both, Congress
shall,
by
law
provide for the
manner by which
one who is to act
as President shall
be selected until a
President or VP
shall
have
qualified.
Vacancy DURING the term
Death, permanent disability, removal
from office or resignation of President
VP shall become President
Elements of Valid Resignation:
1. intent to resign
2. act of relinquishment
Temporary Disability
President transmits to Senate President
and Speaker
His written declaration that he is unable
to discharge the powers and duties of his
office
Until he transmits a written declaration
to the contrary
Powers and duties shall be discharged by
the VP as Acting President
Majority of the members of the Cabinet
transmit to Senate President and Speaker
Written declaration that the President is
unable to discharge the powers and duties of
his office
VP shall IMMEDIATELY assume the
powers and duties of the office as Acting
President
IF President shall transmit written
declaration that no such disability exists
He shall reassume the powers and duties
of his office
IF majority of the members of the
Cabinet transmit within 5 days to SP and
Speaker their written declaration that the
President is unable to discharge the powers
and duties of his office,
Congress shall decide the issue
Congress shall convene within 48 hours,
if not in session
Power of Appointment
- Nominate and with consent of the
Commission on Appointments, appoint:
a. Heads of the executive departments
b. Ambassadors
c. Other public ministers and consuls
d. Officers of the armed forces from the
rank of colonel or naval captain
e. Other officers whose appointments are
vested in him in this Constitution
- Appoint all other officers of the
Government whose appointments are not
otherwise provided by law
- Appoint those whom he may be
authorized by law to appoint.
- Congress may by law, vest appointment
of other officers lower in rank in the
a. President alone,
b. Courts
c. Heads
of
departments/agencies/commissions/boards
- Appointment: selection, by the authority
vested with the power, of an individual who
is to exercise the functions of a given office.
Designation: imposition of additional
duties, usually by law, to one who is already
in public service
Commission: written evidence of
appointment
Classification of Appointments
a. Permanent extended to persons
possessing the requisite eligibility and are
protected by security of tenure
b. Temporary extended to persons
without requisite eligibility, revocable at
impeachment
Judges disciplining authority of SC
Where power of removal is lodged in
President:
a. Cause as may be provided by law
b. Prescribed administrative procedure
Members of career service of the Civil
Service who are appointed by the President
may be directly disciplined by him
Members of Cabinet and Officers whose
continuity in office depends upon pleasure
of President replaced any time;
separation is not by removal but
EXPIRATION of term.
Power of Control
- President shall have control of all
Executive departments
Bureaus
Offices
- Control: power of an officer to alter,
modify, set aside, or nullify what a
subordinate had done in the performance of
his duties and to substitute the judgment of
the former for that of the latter.
Supervision: overseeing; the power of an
officer to see that subordinate officers
perform their duties, and if the latter fails or
neglects to fulfill them, then the former may
PARDON
Infractions of peace
of the state
Individual
Acceptance needed
Nope
Congress
Public act which
courts may take
judicial notice
Looks back and puts
into oblivion the
offense itself
Borrowing Power
- Contract or guarantee foreign loans on
behalf of the Republic, with prior
concurrence of Monetary Board and subject
to such limitations as may be provided by
law.
- MB, shall w/in 30 days from 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/GOCC
which would have the effect of increasing
the foreign debt, and containing other
matters as may be provided by law.
Diplomatic Power
- No treaty or international agreement
shall be valid and effective unless concurred
in by at least 2/3 of all members of the
Senate.
- Treaties vs. International Agreements
Treaties
Formal documents
require ratification
International
agreements which
involve
political
issues or changes of
national policy
Involving
arrangements
permanent
character
of
International
Agreements
Become
binding
through
executive
action
International
agreements involving
adjustments
of
details carrying out
well
established
national
policies
and traditions
Involving
arrangements of a
more
or
less
temporary nature
other
other
14 Associate Justices
May sit en banc or in its discretion, in
divisions of 3, 5 or 7 members
Vacancy shall be filled within 90 days
from occurrence
En Banc concurrence of a majority of
the members who took part in the
deliberations and voted
Division - concurrence of a majority of
the members who took part in the
deliberations and voted and in no case
without the concurrence of at least 3 such
members
When required number is not obtained
case shall be decided en banc (case
decided NOT matters - resolved)
No doctrine or principle of law laid by a
court sitting en banc or in a division, may be
modified or reversed except by the court
sitting en banc
Powers of the SC
1) Original Jurisdiction
2) Appellate Jurisdiction
3) Temporary Assignment of judges of LCs
to other stations as public interest may
require
4) Order change of venue or place of trial,
to avoid miscarriage of justice
5) Rule-Making Power
6) Power of Appointment
7) Power of Administrative Supervision
8) Annual Report
Original Jurisdiction
1) Cases affecting ambassadors, public
ministers and consuls
2) Petition for certiorari, prohibition,
mandamus
3) Quo warranto
4) Habeas corpus
Appellate Jurisdiction review, revise,
reverse, modify, or affirm on appeal or
certiorari as the ROC may provide final
judgments and orders of lower courts in:
1) All
cases
involving
constitutionality/validity of any treaty,
international or executive agreements, law,
PD, proclamation, order, instruction
ordinance or regulation is in question
2) All cases involving legality of any tax,
impost, assessment or toll or any penalty
imposed in relation thereto
3) Jurisdiction of lower court is in issue
4) All criminal cases in which penalty
imposed is RP or higher
5) All cases in which only an error or
question of law is involved
Rule-Making Power
- Promulgate rules:
1) Protection
and
enforcement
of
constitutional rights
2) Pleadings
3) Practices
4) Procedure in all courts
5) Admission to practice of law
6) Admission to TB
7) Legal assistance to underprivileged
- Limitations:
1) Simplified and inexpensive procedure
2) Uniform in all courts of the same grade
3) Not diminish, increase or modify
substantive rights
Power of Appointment
- Appoint all officials and employees of
the Judiciary in accordance with Civil
Service Law
Power of Administrative Supervision
- Administrative supervision over all
courts and personnel
- Ombudsman may not initiate or
investigate a criminal or administrative
complaint before his office against a judge,
he must first indorse the case to the SC
- Administrative proceedings before the
SC are confidential in nature.
Annual Report