Magaso: 33:01-49:00

There was an issue about the power to tax. There was a question about its validity.
They asked the opinion of the secretary whether it was valid.
Drilon invalidated it and declared invalid and this was then challenged in the SC and
said Drilon, as the alter ego of the president as the DOJ Secretary does not have the
power to a decision or action of the local government because like his principal,
the DOJ Secretary has only supervision and not control.
Another point, there are certain powers of the president which cannot be delegated,
even if he president allows it or even if the president ratifies the act. And even if
exercised, cannot be valid.
What are these powers that are non-delegable?
1. The power to declare martial law cannot be delegated to the DOJ Secretary or the
Executive Secretary
2. To suspend Habeas Corpus
3. Power to grant pardon, the executive clemency power
Does this include the power to contract foreign loans?
No. Because its not as serious as those powers that I have enumerated, which the
law does not allow the delegation.
Another point on the power of control and supervision of the president of the
executive branch.
He cant reorganize the executive branch to the extent of abolishing or recreating
new offices.
As long as the purpose is for simplicity, economy and efficiency. These 3 are the
standards.
Like in the case of Dela ???, the creation of the truth commission, it was valid
because there was no appropriation of funds there, the money to be used was taken
from the budget already. Its only when the creation of office would require
appropriation of public funds, that is when the president does not have the power to
create.
The recent case on this is the case of Pechay v Office of the Deputy Legal Secretary,
ang nahitabo an, naay investigation against the secretary, cabinet members adto
na sa PAGC, committee nga muinvestigate, karon ang PAGC kay giabolish man, and
the powers of PAGC were transferred to the legal office headed by the executive
secretary ochua. Kani si Pechay kontra na man jud ni sa administrasyon, he
objected to the abolition of PAGC and having the powers transferred to the Deputy
Decreaof legal ssecretary of because Disaster of his office, the consequence is his
dismissal or whatever, against him definitely. Thats why he wants them to stop
from investigation him, he asked them that the case be transferred to the
ombudsman and this was refused by the office of the deputy secretary. So he went
all the way to the Supreme Court to question the power of the president to abolish.
And the Supreme Court sustained it, by saying, the president, being the head of the
executive, having the power of control and supervision, has the power to abolish or
reorganize for purposes of simplicity, economy and efficiency.

Remember the case of Pechay, that was the latest decided in 2001.
Lets go now to the appointment power of the president.
On the appointment power of the president, take note there are two (2) kinds:
1. Regular
2. Ad Interim
What are different kinds of the appointments the president can make?
Appointment of the head of the executive department Military officers, Consuls,
those where the constitution powers him to appoint and Two more appointments
where there is no law stating the power to make the appointment because by
nature the power of appointment is executive.
Just memorize the first four, these first four of group of appointments are subject to
the confirmation of CA(Com of Appointment) is done when congress is in session.
because even if in session, however is only temporary or acting capacity, that will
not require confirmation from the CA. no need of confirmation of the CA.
Pimentel v Executive Secretary, if acting capacity ra gani ka as Sec of DOJ, di
magkinahanglan ug concurrence by the CA.
Lets go to the process of appointment, Ive mentioned this when we were
discussing on confirmation of the CA. I dont have to repeat that.
You just take Those 4 appointments cannot be expanded or reduced by ordinary
and the congress cannot decrease the number of groups of the appointment.
Being the commander in chief, president as commander in chief, what are his
powers?
1. He has the power to call out the armed forces of the Philippines in order,
whenever it becomes necessary, to prevent or suppress lawless violence, invasion
or rebellion, calling out power of the president.
2. Martial law and suspension of the writ of habeas corpus.
Let take first the power to call out because there are no specific grounds to call out
the armed forces, it is discretionary, whenever it becomes necessary, no limit as to
the duration.
Martial law and suspension of the privilege of the writ of habeas corpus,
Two grounds:
1. when there is rebellion and invasion
2. when public safety requires it
These two requisites must concur.
What are the safeguards?
Subject to revocation by the congress, within 48 hours the president must report to
congress, that is not require in the calling out of the armed forces but the
declaration of the martial law requires reporting. And congress immediately
convene decide whether to revoke it by majority votes, joint session, voting jointly.

The only instance where there is joint meeting and all that is needed is majority.
Thats how serious and urgent the issue is, to be decided right away.
Another safeguard if it is not revoked, the factual basis of the declaration of martial
law or the suspension of the privilege of the writ of habeas corpus is sanctioned to
judicial review.
Remember that the SC on habeas cases to resolve fewer questions of law. This is an
an exemption where even the facts are reviewed by the supreme court. Whether
there is justification to declare martial law or suspend the privilege of the writ of
habeas corpus.
What else?
It is good only for 60 days. After 60 days automatically lifted unless it is extended.
What else?
No automatic suspension of the privilege of the writ of habeas corpus and the
declaration of martial law. Another thing, one who is arrested without a warrant
because of the declaration of martial law can not be detained for more than 72
hours without being judicially charged. Cannot be detained for more than 3
days.There is no illegal detention, because if not charged within 3 days, then you
should be released right away. Otherwise, the one who detained you will be charged
arbitrary detention.
Question in the bar.
When is martial law lifted?
1. when it is lifted by the president himself even before the expiration of the 60 day
period.
2. when it is revoked by congress.
3. When it is declared as unconstitutional by the supreme court.
4. when it expires after 60 days.
Can the president declare a state emergency or state of rebellion?
Yes, Lacson case, v the executive secretary where the supreme court said that the
declaration of the president of the state of rebellion the aftermath of the 2001 siege
in malacanang. Validity of the power of the chief, president of the commander in
chief, may call upon such armed forces to prevent or suppress lawless violence,
invasion or rebellion.
That was reiterated in the case of. V . also in the case of . V Secretary ermita;
to prevent or suppress lawless violence however the president cannot exercise
emergency power, the president can validly declare the existence of even in the
absence of congressional.
(sorry for the blanks, di na ko kaklaro.)
Read the case of colayan v Tan.