EXECUTIVE DEPARTMENT

Executive power is briefly described as the power to enforce

and administer laws.
QUALIFICATIONS:
SECTION 2. No person may be elected President unless he is a
1
natural-born citizen of the Philippines, a 2registered voter, able
to 3read and write, at least 4forty years of age on the day of the
election, and a 5resident of the Philippines for at least ten years
immediately preceding such election.

Exclusive and may not be reduced or increased by

Congress. Expression unius est exclusion alterius.
Natural-born citizen someone who is born as a Filipino
need not do anything.
Forty years of age for maturity. It was increased to 50 years
by the 1973 charter.
10-year residence for the sake of familiarity.

Q: What is election contest?

A: Questions of alleged irregularities in the conduct of presidential and
vice presidential elections.

Q: Who has jurisdiction over election contests?

A: 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. PET (Presidential Electoral Tribunal)

Q: What happens if there is tie among presidential

candidates?
A: Vote of majority of all members of both houses of Congress, voting
separately.

Term:
Years of service
Re-election

PRESIDENT
6 years
No

VICE-PRESIDENT
6 years
GR: Yes
EXPN: No person who has
succeeded as President and has
served for more than 4 years shall be
qualified for election to the same
office for any length of time. [Art. VII,
Sec. 4]

Rules on Presidential Succession (Sec. 7):

Term limitation

Once

Two successive terms

NOTE: Voluntary renunciation of the
office for any length of time is NOT an
interruption in the continuity of service
for the full term for which the VicePresident was elected.

Q: What is the importance of oath?

A: Formal assumption of office. Not a source of substantive power,
intended to deepen sense of responsibility of President.

Privileges of the President and Vice-President:

A:

Q: Whats the purpose for the prohibition against change of

salary?
A: To prevent the legislature from weakening their fortitude by
appealing to their avarice or corrupting their integrity by operating on
their necessities.

Q: What is emolument?
A: Any compensation received for services rendered or from
possession of an office; Profit arising from office or employment, that
which is received as compensation for services, or which is annexed to

the possession of office, as salary, fees and perquisites, advantage,

gain, public or private.

2. Presidential
communications privilege:
Presumed privileged without
distinguishing between those
which involve matters of
national security.
Decision-making of the
president, rooted in the
separation of powers.
Not absolute, executive cannot any more than any
branches, invoke general confidentiality to shield officials
and employees from investigations into possible
wrongdoings.
Applies to documents in their entirety, covers final and
post-decisional materials, pre-deliberative ones.
Subject to greater scrutiny
Elements:

a.
b.
c.

Quintessential and non-delegable presidential power

(Most perfect embodiment of something, essence.)
Solicited and received
Remains qualified privilege that may be overcome by showing
of adequate need

3. Deliberative process privilege: Covers documents

reflecting advisory opinions, recommendations and
deliberations comprising part of a process by which
governmental decisions and policies are formulated.

Q: What is ex-officio?
A: It means from office; by virtue of office. Authority derived from
official character merely, not expressly conferred upon the individual
character, but rather annexed to the official position. Act done in an
official character, or as a consequence of office, and without any other
appointment or authority than that conferred by the office.
Ex: Secretary of Transportation and Communication is the ex-officio
Chairman of the Board of Philippine Ports Authority, LRT.
Secretary of Finance and Budget, members of Monetary Board.

4. Diplomatic negotiations privilege: Meant to

encourage a frank exchange of exploratory ideas
between the negotiating parties by shielding such
negotiations from public view.

Executive Privilege:
Not expressly conferred upon him by Constitution
Power of the government to withhold information from the public,
the court, and the Congress.
Right of the President and high-level executive branch officers to
withhold information from Congress, the courts and ultimately
the public.
1. Informers privilege: The privilege of the Government
not to disclose the identity of person or persons who
furnish information on violations of law to officers
charged with the enforcement of that law.
Suspect involved need not be so notorious as to
be a threat to national security for privilege to
apply. Otherwise, it would be prejudicial.

To enhance quality of agency decisions.

How can officials communicate among themselves if each
remark is potential item of discovery and front page news.

Close resemblance to deliberative and presidential

communications.
Seeks to protect independence in decision-making of
president in its capacity as the sole organ of the nation in its
external relations, and sole representative with foreign
nations.
Arises not on the account of content per se but because
information is part of process in pursuit of public interest.

Presidential Immunity:
During his tenure of office or actual incumbency, may not be
sued in any civil or criminal case, and there is no need to
provide for it in the Constitution or law. It will degrade the
dignity of the high office of the President, the Head of the
state, if he can be dragged into court litigations while serving
as such.
It only exists when the president is sitting.
A non-sitting president is not immune from suits.

It is the legal and political functions of the President invol

ving the exercise of discretion.
Until law is declared unconstitutional, President has a
duty to execute it, regardless of his doubts as to its
validity (Faithful execution clause)
Not limited to those set forth in the Constitution
The President cannot dispose of state property unless
authorized by law.
It is not allowed to usurp legislative power by means of
executive orders, even in absence of enabling
legislation.
Although president may call out armed forces and
declare state of emergency, he may not, without a law
authorizing him to do so, exercise emergency powers.
President may not amend by executive order the
functions of the CHED as conferred by law, without prior
legislative authority.
President doesnt have authority to promulgate decrees.
President is granted ordinance powers and may issue
the following:
1. Executive Orders: Acts of President providing for rules of
a general or permanent character in implementation or
execution of constitutional or statutory powers.
2. Administrative Orders: Acts of the President which relate
to particular aspects of governmental operations in
pursuance of his duties as administrative head.
3. Proclamations: Acts of the President fixing a date, or
declaring a status or condition of public moment or
interest, upon existence of which the operation of a
specific law or regulation is made to depend, and which
shall have the force of an executive order.
4. Memorandum Orders: Acts of President on matters of
administrative detail or of subordinate or temporary
interest which only concern a particular officer of office of
the Government.
5. Memorandum Circulars: On matters relating to internal
administration, which the President desires to bring to the
attention of all or some of the departments, agencies,
bureaus or offices of the Government.
6. General or Special Orders: Acts and commands of
President in his capacity as Commander-in-Chief of AFP.

General Powers of President:

1. Executive Power: To enforce and administer laws
2. Power of Appointment: Legislative can create office, only
executive can fill.

3. Power of Control:
(a) Nullify, modify judgments of subordinates
(b) Undo or redo actions of subordinates
(c) Lay down rules for performance of subordinates duties.

Powers of the President:

Executive power is the power carrying out the laws into
practical operation and enforcing their due observance.
(National Electrification Administration v.CA,
G.R. No. 143481, Feb. 15, 2002).

4. Power of Supervision: Oversight function; rules which they

5.

did not make are followed.

Military Powers: Commander-in-Chief powers
(a) Call Out Power Armed forces to suppress lawless violence
(b) Suspension of Writ of Habeas Corpus In times of rebellion
or invasion and when required by public safety

6.

(c) Martial Law N.B. Does not suspend constitution.

OH

Pardoning Power: reprieve, commute, pardon, remit fines and

1. Officers not otherwise provided by law

2. He may be authorized by law to appoint
PC2HAB
1. President
2. Courts
3. Commissions
4. Heads of Departments
5. Agencies
6. Boards

forfeitures after final judgment; amnesty with concurrence of

majority of all members of Congress
7. Borrowing Power: Contract or guarantee foreign loans with
concurrence of Monetary Board
8. Diplomatic Power: including power to enter into treaties
9. Budgetary Power: Submit to congress budget of bills and
expenditures
10. Informing Power: Address Congress during opening of
session, or at any other time

11. Power over Legislation:

(a) Call Congress to special session
(b) Power to approve or veto bills
(c) Emergency powers, by delegation from Congress

12. Other Powers:

(a) Consent to deputation of government personnel by
COMELEC
(b) Discipline such deputies

APPOINTMENT
The selection, by the
authority vested with the
power, of an individual
who is to exercise the
functions of a given
office.

Power of Appointment:
Appointment is the selection, by the authority vested with the
power, of an individual who is to exercise the functions of a
given office; act of designation by the appointing officer, body
or board, to whom that power has been delegated, of the
individual who is to exercise the functions of a given office.
It may be performed by the legislature and judiciary, as well
as Constitutional Commissions, over their own respective
personnel.
Can be verbally, but usually in writing which is commission
(written evidence of an appointment)

Heads of Departments
Ambassadors
Other Public ministries and consuls
Other officers whose appointments are vested in him
Officers of AFP with ranks of Colonel or Naval Captain

COMMISSION
Written
evidence of
the
appointment.

Both temporary appointment and designation are not

subject to confirmation by the Commission on
Appointments. If in case, it is given by the latter, it still
doesnt make it a permanent appointment.
President may even appoint in an acting capacity a person
not yet in the government service as long as the person
deems that person competent.
Six categories subject to Pres. appointing power:
(1) Heads of the executive department
a. Chairman and members of NLRC

(2) Ambassadors, public ministers and consuls

(3) Officers of armed forces from the rank of colonel or
naval captain.
(4) Those other officers vested in him by the constitution.

SECTION 16. The President shall nominate and, with the

consent of the Commission on Appointments, appoint the 1heads
of the executive departments, 2ambassadors, other 3public
ministers and 4consuls, or 5officers of the armed forces from the
rank of colonel or naval captain, and 6other officers whose
appointments are vested in him in this Constitution. He shall also
appoint all 7other officers of the Government whose
appointments are not otherwise provided for by law, and 8those
whom he may be authorized by law to appoint. The Congress
may, by law, vest the appointment of other officers lower in rank
in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make appointments
during the recess of the Congress, whether voluntary or
compulsory, but such appointments shall be effective only until
after disapproval by the Commission on Appointments or until
the next adjournment of the Congress.
HAPON
1.
2.
3.
4.
5.

DESIGNATION
Imposition of additional
duties, usually by law,
on a person already in
the public service by
virtue of an earlier
appointment.

a. Chairman and commissioners of

i. Civil Service
ii. COMELEC
iii. COA
b. Ombudsman and his deputies:
i. Luzon
ii. Visayas
iii. Mindanao
iv. Military
c. Regular members of the Judicial and Bar Council
d. Sectoral representative in Congress before the party
list system
e. Judges of the judiciary, but pres. cannot remove
them

(5) All other officers of the government

appointments are not provided by the law.

whose

a. Chairman of the Commission on Human Rights

(6) Those whom he may be authorized by law to appoint.

a. Members of various statutory administrative agencies.
b. Officers in charge of the ARMM.
c. Commissioner of Customs

Appointments and promotions from rank of captain and

higher in PH Coast Guard no longer require confirmation by

CA because it is considered a civilian agency by view of its

transfer from DND to DOTC. However, for purposes of
disciplining its officers and personnels, it remains a
component of AFP, therefore subject to primary disciplinary
jurisdiction of Efficiency and Separation Board, not CSC.

PERMANENT
Those extended to persons
possessing
the
requisite
eligibility
and are thus protected by the
constitutional provision on
security of tenure

TEMPORARY
Given to persons without such
eligibility

REGULAR
Made during legislative session
Made only after nomination is
confirmed by CA
Once confirmed by CA,
continues until the end of term
of appointee

AD INTERIM
Made during recess
Made before such confirmation

(1) Heads of the executive departments

(2) Ambassadors, other public ministers and consuls
(3) Officers of the Armed Forces of the Philippines with the
rank of colonel or naval captain (Rationale: These are
officers of a sizeable command enough to stage a coup)
(4) Other officers whose appointments are vested in the
President by the Constitution
(a)Chairman and Commissioners of the Constitutional
Commissions [Art. IX]
(b) Regular members of the Judicial and Bar Council [Art.
VII, Sec. 8(2)]
(c) Sectoral Congressional reps. [Art. XVIII, Sec 7] (N.B.
Provision no longer in force)

Are revocable at will and without

necessity of just cause or a valid
investigation
Extended
upon
the
understanding
that
the
appointing power has not yet
been decided

Cease to be valid if disapproved

by CA or upon next adjournment
of Congress
By-passed through inaction of
and so disapproved impliedly by
CA

Next adjournment means the termination of the next regular

or special session of Congress.
Ad interim appointment is permanent, merely confirmation
from CA doesnt mean that it is not, because it takes effect
immediately and can no longer be withdrawn by the
President once he is qualified, also by making it effective
until next adjournment.
When Ad interim lapses by inaction of CA, it would not
constitute a term of office. Period from time ad interim
appointment is made to the time it lapses is neither fixed nor
expired.
Ad interim is intended to prevent hiatus in the discharge of
official duties.
Presidents power to appoint may be limited by Congress
through its power to prescribe qualifications for public office.
Judiciary may annul an appointment made by Pres if
appointee has not been validly confirmed or does not
possess required qualifications.
Appointment is deemed complete only by acceptance.
Pending acceptance, it can still be validly withdrawn.
Confirmation by the Commission on Appointments is
required only for presidential appointees as mentioned in

the first sentence of Art. VII, Sec. 16, including those

officers whose appointments are expressly vested by the
Constitution itself in the President:

Limitations of Appointing Power:

SECTION 14. Appointments extended by an Acting President
shall remain effective, unless revoked by the elected President
within ninety days from his assumption or reassumption of office.

Emphasizes care-taker capacity of Acting President but at the

same time allows the elected President to ratify his appointments
by mere inaction during the specified 90 days.

SECTION 15. Two months immediately before the next

presidential elections and up to the end of his term, a President
or Acting President shall not make appointments, except
temporary appointments to executive positions when continued
vacancies therein will prejudice public service or endanger public
safety.

Prevent use or abuse of the appointing power for the purpose of

enlisting political support

MIDNIGHT APPOINTMENTS BAN

GR: Two months immediately before the next presidential
elections (2nd Monday of March), and up to the end of his "term"
(June 30), a President (or Acting President) shall not make
appointments. [Art. VII, Sec. 15]

EXPN: Temporary appointments to executive positions, when

continued vacancies will: (a) prejudice public service; or (b)
endanger public safety.
Limited to Executive Department The prohibition against
midnight appointment applies only to positions in the executive
department. [De Castro v. JBC, G.R. No. 191002, Mar. 17, 2010] N.B.
In re: Valenzuela [A.M. No. 98-5-01-SC, November 9, 1998] , which
extended the prohibition for midnight appointments to the
judiciary, effectively overruled.
The Removal Power
Derived from express power to appoint.
Limited only.
Cannot be for:
(a) Members of SC (removable by impeachment only)
(b) Judges of inferior courts (by SC only)
(c) Ombudsman (by impeachment)
a. For deputies, it can be removed by Pres
(d) Local Officials (vested in proper courts)
President can remove at pleasure the Cabinet members
and other executive officials he elected by pleasure.
Removal presupposes a forcible, permanent separation
from the incumbent from office before the expiration of his
term.
Control Power
SECTION 17. The President shall have control of all the
executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.

Control is the power of an officer to alter or modify or nullify

or set aside what a subordinate officer had done in
performance of his duties and to substitute the judgment of
the former for that of the latter.
Self-executing provision.
The power of supervision does not include the power of
control; but the power of control necessarily includes the
power of supervision.

Q: What is Doctrine of Qualified Political Agency?

A: Alter Ego Principle. All the different executive and administrative
organizations are mere adjuncts of the Executive Department. This is
an adjunct of the Doctrine of One Executive.
The heads of the various executive departments are assistants and
agents of the Chief Executive. [Villena v. Sec. of Interior (1939)]
In the regular course of business, acts of exec. depts., unless
disapproved or reprobated by the Chief Executive, are presumptively
acts of the Chief Executive. [Free Telephone Workers Union v.
Minister of Labor and Employment (1981)]
GR: The multifarious executive and administrative functions of the
Chief Executive are performed by and through the executive
departments.
EXPN:
(1) Cases where the Chief Executive is required by the Constitution
or by the law to act in person; or
(2) The exigencies of the situation demand that he act personally.

Q: What is Doctrine of Exhaustion of Administrative

Remedies?
A: It is a cornerstone of our judicial system. The thrust of the rule is
that courts must allow administrative agencies to carry out their
functions and discharge their responsibilities within the specialized
areas of their respective competence.

Military Power:
SECTION 18. The President shall be the Commander-in-Chief
of all armed forces of the Philippines and whenever it becomes
necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it, he may,
for a period not exceeding sixty days, suspend the privilege of
the writ of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from the
proclamation of martial law or the suspension of the privilege of
the writ of habeas corpus, the President shall submit a report in
person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its Members in
regular or special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress
may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if
the invasion or rebellion shall persist and public safety requires
it.
The Congress, if not in session, shall, within twenty-four hours
following such proclamation or suspension, convene in
accordance with its rules without any need of a call.

(c) persons arrested must be charged within 3 days; if

not, they must be released
(d) Proclamation does not supersede civilian authority.
3. Declare martial law; What is martial law?
Grounds for declaration: Invasion or rebellion
Effects: (a) does not suspend operation of the Constitution
(b) does not supplant the functioning of civil courts or
legislative assemblies
(c) does not authorize conferment of jurisdiction on military
courts and agencies over civilians where civil courts are
able to function
(d) does not automatically suspend the privilege of the writ.

The Supreme Court may review, in an appropriate proceeding

filed by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of
the writ or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where
civil courts are able to function, nor automatically suspend the
privilege of the writ.
The suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent in
or directly connected with the invasion.
During the suspension of the privilege of the writ, any person
thus arrested or detained shall be judicially charged within
three days, otherwise he shall be released.

Grants of a sequence of graduated powers. From the most to

the least benign, these are: the calling out power, the power
to suspend the privilege of the writ of habeas corpus, and the
power to declare martial law. (Sanlakas v. Executive
Secretary)
The power of the sword makes the President the most
important figure in the country in times of war or another
similar emergency. It is because the sword must be wielded
with courage and resolution that the President is given vast
powers in the making and carrying out of military decisions
It is read with Art. 2, Sec. 3 civilian authority, is at all times,
supreme over the military.
Court Martials were described as agencies of executive
character which may be convened by the President
independently of legislation and by virtue only of his
constitutional function as commander-in-chief. They do not
pertain to judiciary but utilized by Pres in properly
commanding and enforcing discipline in the armed forces.
General Court Martial is a court within the strictest sense of
the word and acts as a criminal court.
The military power enables the President to:
1. Calling out power: Command all the armed forces of PH
Conditions: (a) actual invasion or rebellion; (b) public
safety requires it
***The only criterion is that whenever it becomes
necessary
2. Suspend the privilege of the writ of habeas corpus
Grounds for suspension: invasion or rebellion, when public
safety requires it.
Effects: (a) proclamation does not affect the right to bail
(b) applies only to persons facing charges of rebellion

Calling Out Power

Involves ordinary police action
Only invoked by the President
Provincial governor may not validly issue a proclamation
calling upon PNP and Civil Emergency Force to set up
check points by reason of a kidnapping incident in his area
by the basis of general provision in the Local Gov Code
entitling him to carry out emergency measures.
Implicitly included is her power to conduct peace
negotiations as Commander-in-Chief
May validly prohibit a military officer from testifying in a
legislative inquiry, without prejudice
Commander-in-Chief/PRES can be held responsible or
accountable for extrajudicial killings and enforced
disappearances in the context of amparo proceedings on
the basis of the doctrine of command responsibility.
(a) Existence of superior-subordinate relationship
(b) Superior knew or had reason to know that the crime was
about to be or had been committed.
(c) Superior failed to take necessary and reasonable measures
to prevent the criminal acts or punish perpetrators.

In amparo proceedings, ground can be their responsibility or

accountability.

Habeas Corpus
Entrusted the power to suspend the privilege but with
limitations and can be revoked by Congress or SC.
Writ of Habeas Corpus: Writ directed to the person,
detaining another, commanding him to produce the body of
the prisoner at a designated time and place, with the day
and cause of his caption and detention, to do, to submit to,
and receive whatever the court or judge awarding the writ
shall consider in his behalf.
What is permitted is not the writ but the its privilege.
Suspension of the privilege doesnt mean suspension of writ
itself.
Origin is traced to antiquity and was devised and exists as a
speedy and effectual remedy to relieve persons from

unlawful restraint and as the best and efficient defense of

personal freedom.
Cannot be availed by police officers under investigation and
subjected to a restrictive custody order.

Martial Law
In its strict sense, refers to that law which has application
when the military arm does not supersede civil authority but
is called upon to aid it in the execution of its civil function.
When declared, no new powers are given to the executive,
no extension of arbitrary authority is recognized, no rights
are suspended.
Possible things that can happen:
(a) Arrests and seizures without judicial warrants
(b) Ban on public assemblies
(c) Take-over of news media and agencies and press
censorship
(d) Issuance of PDs
Limitations of Military Power
1. He may call out the armed forces to prevent or suppress
lawless violence, invasion or rebellion only.
2. The grounds for the suspension of the privilege of the writ of
habeas corpus and the proclamation of martial law are now
limited only to invasion or rebellion.
3. The duration of such suspension or proclamation shall not
exceed sixty days, following which it shall be automatically
lifted.
4. Within forty-eight hours after such suspension or
proclamation, the President shall personally or in writing
report his action to the Congress. If not in session,
Congress must convene within 24 hours.
5. The Congress may then, by majority votes of all its
members voting jointly, revoke his action.
6. The revocation may not set aside by the President.
7. By the same vote and in the same manner, the Congress
may, upon initiative of 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 extension.
8. 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. This matter is no longer considered a
political question and may be raised in an appropriate
proceeding by any citizen. Moreover, the Supreme Court
must decide the challenge within thirty days from the time it
is filed.
9. Martial law does not automatically suspend the privilege of
the writ of habeas corpus or the operation of the
Constitution. The civil courts and the legislative bodies shall
remain open. Military courts and agencies are not conferred
jurisdiction over civilians where the civil courts are
functioning.

10. The suspension of the privilege of the writ of habeas corpus

shall apply only to persons facing charges of rebellion or
offenses inherent in or directly connected with invasion. Any
person arrested for such offenses must be judicially
charged therewith within three days. Otherwise shall be
released.
Q: Way to lift the proclamation or suspension?
A: (a) lifting by the President himself
(b) Revocation by Congress
(c) Nullification by the Supreme Court
(d) By operation of law after 60 days The distinction must be
drawn between the Presidents authority to declare a state of
national emergency and to exercise emergency powers.
The exercise of emergency powers, such as taking of privatelyowned public utility or business affected with public interest under
Art. 12 sec. 17, requires a delegation from Congress

Pardoning Power
SECTION 19. Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant reprieves,
commutations and pardons, and remit fines and forfeitures, after
conviction by final judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Congress.

Executive clemency is granted for the purpose of relieving

the harshness of the law or correcting mistakes in the
administration of justice.
Discretionary to the president and may not be controlled by
the legislature or reversed by the court.

Q: What is reprieve?
A: Merely a postponement of a sentence to a certain date, or a stay of
execution. It may be ordered to enable the government to secure
additional evidence to ascertain the guilt of the convict, or in the case
of the execution of the death sentence upon a pregnant woman to
prevent killing of unborn child. temporary relief from or postponement
of execution of criminal penalty or sentence or a stay of execution.

Q: What is commutation?
A: Reduction or mitigation of the penalty.
Q: What is pardon?
A: Act of grace which exempts individual on whom it is bestowed from
the punishment which the law inflicts for the crime he has committed.

Q: What is amnesty?
A: A sovereign act of oblivion for past acts, granted by government
generally to a class of persons who have been guilty usually of political
offenses and who are subject to trial but have not yet been convicted,
and often conditioned upon their return to obedience and duty within a

prescribed time. Requires concurrence of majority of all members of

Congress.

Q: What are the two kinds of Pardon?

A: Plenary and Partial; absolute and conditional.
Q: What is a plenary pardon?
A: Extinguishes all the penalties imposed upon the offender,
including accessory disabilities.
Q: What is a partial pardon?
A: Does not extinguish all penalties imposed.
Q: What is an absolute pardon?
A: Pardonee has no option at all and must accept it whether he likes it
or not. In this sense, an absolute pardon is similar to commutation,
w/c is also not subject to acceptance by the offender. No strings
attached.

Q: What is a conditional pardon?

A: The offender has the right to reject the same since he may feel that
the condition imposed is more onerous than the penalty sought to be
remitted.

Q: What are the limitations on Pardon?

A: The following are:
a. Cannot be granted for impeachment. [Art. VII, Sec. 19]
WHY? Because it is not a judicial, not criminal.
b. Cannot be granted in cases of violation of election laws without
the favorable recommendation of the COMELEC.
***Not every offense committed on election day is to be
considered as an election offense.
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

(b) As otherwise provided in this Constitution, e.g. For

election offenses: No pardon, amnesty, parole or
suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President
without the favorable recommendation by the
Commission on Elections. [Art. IX, Sec. 5]
Q: When can pardon be granted?
A: Only after conviction by final judgment. The conviction by final
judgment limitation under Art. VII, Sec. 19 prohibits the grant of
pardon, whether full or conditional, to an accused during the pendency
of his appeal from his conviction by the trial court. Any application
therefor should not be acted upon or the process toward its grant
should not be begun unless the appeal is withdrawn. Agencies
concerned must require proof from the accused that he has not
appealed from his conviction or that he has withdrawn his appeal.
[People v. Bacang (1996)]

Q: Who determines breach of the conditions of pardon?

A: The determination of whether the conditions had been breached
rests exclusively in the sound judgment of the Chief Executive. Such
determination would not be reviewed by the courts. A judicial
pronouncement stating that the conditionally pardoned offender has
committed a crime is not necessary before the pardon may be
revoked. [Torres v. Gonzales (1987)].

Q: What is probation?
A: Disposition where a defendant after conviction and sentence is
released subject to (1) conditions imposed by the court and (2)
supervision of a probation officer. [PD No. 968, Sec. 3(a)]

Q: What is parole?
A: Suspension of the sentence of a convict granted by a Parole Board
after serving the minimum term of the indeterminate sentence penalty,
without granting a pardon, prescribing the terms upon which the
sentence shall be suspended.

Effects of Pardon
Restore not only offenders liberty but also his civil and
political rights.
Will not relieve pardonee of the civil liability or such other
claims may pertain to private litigants, it will, however, have
the effect of remitting fines and forfeitures which otherwise
will inure to interests of the government itself.

General Exceptions to Executive Clemencies

(a) In cases of impeachment, and

APPLICATION OF PARDONING POWERS TO ADMIN. CASES

(1) If the President can grant reprieves, commutations and
pardons, and remit fines and forfeitures in criminal cases, with
much more reason can she grant executive clemency in
administrative cases, which are clearly less serious than criminal
offenses. (2) However, the power of the President to grant
executive clemency in administrative cases refers only to
administrative cases in the Executive branch and not in the
Judicial or Legislative branches of the govt. [Llamas v. Executive
Secretary (1991)]

Q: Who may avail of amnesty? (Asked 5 times in the Bar;

answers from case law)
A: The following:
1. Amnesty Proclamation No. 76 applies even to Hukbalahaps
already undergoing sentence upon the date of its promulgation.
The majority of the Court believes that by its context and
pervading spirit the proclamation extends to all members of the
Hukbalahap. [Tolentino v. Catoy (1948)]
2. The SC agreed with the Sandiganbayan that in fact the
petitioners were expressly disqualified from amnesty. The acts for
which they were convicted were ordinary crimes without any
political complexion and consisting only of diversion of public
funds to private profit. The amnesty proclamation covered only
acts in the furtherance of resistance to duly constituted
authorities of the Republic and applies only to members of the
MNLF, or other anti-government groups. [Macagaan v. People
(1987)]
3. [Respondents] may avail of the tax amnesty even if they have
pending tax assessments. A tax amnesty, being a general pardon
or intentional overlooking by the State of its authority to impose
penalties on persons otherwise guilty of evasion or violation of a
revenue or tax law, partakes of an absolute forgiveness or waiver
by the Government of its right to collect what otherwise would be
due it. [Republic v. IAC (1991)]

The Borrowing Power

SECTION 20. The President may contract or guarantee foreign
loans on behalf of the Republic of the Philippines with the prior
concurrence of the Monetary Board, and subject to such
limitations as may be provided by law. The Monetary Board shall,
within thirty days from the end of every quarter of the calendar
year, submit to the Congress a complete report of its decisions
on applications for loans to be contracted or guaranteed by the
Government or government-owned and controlled corporations
which would have the effect of increasing the foreign debt, and
containing other matters as may be provided by law.

Requisites for contracting and guaranteeing foreign

loans:
(a) With the concurrence of the monetary board [Art.
VII, Sec. 20]
(b) Subject to limitations as may be provided by law
[Art. XII, Sec. 2]
(c) Information on foreign loans obtained or guaranteed
shall be made available to the public [Art. XII, Sec.
2]
Cf. Republic Act 4860 An Act Authorizing The
President Of The Philippines To Obtain Such Foreign
Loans And Credits, Or To Incur Such Foreign
Indebtedness, As May Be Necessary To Finance
Approved Economic Development Purposes Or
Projects, And To Guarantee, In Behalf Of The Republic
Of The Philippines, Foreign Loans Obtained Or Bonds
Issued By Corporations Owned Or Controlled By The
Government Of The Philippines For Economic
Development Purposes Including Those Incurred For

Purposes Of ReLending To The Private Sector,

Appropriating The Necessary Funds Therefor, And For
Other Purposes (Approved, September 8, 1966.)
Role of Congress: The President does not need prior
approval by the Congress
(1) Because the Constitution places the power to check
the Presidents power on the Monetary Board;
(2) BUT Congress may provide guidelines and have
them enforced through the Monetary Board
The Philippine Debt Negotiating Team, composed of the
Secretary of Finance, Governor of Central Bank, and the
National Treasurer, may contract and guarantee foreign
loans under the Doctrine of Qualified Political Agency.
However, the President may repudiate the very acts
performed in this regard by the alter ego. [Constantino v.
Cuisia (2005)]

The Diplomatic Power

SECTION 21. No treaty or international agreement shall be valid
and effective unless concurred in by at least two-thirds of all the
Members of the Senate.
Q: What is the scope of diplomatic power?
A: The President, being the head of state, is regarded as the sole
organ and authority in external relations and is the countrys sole
representative with foreign nations. As the chief architect of foreign
policy, the President acts as the countrys mouthpiece with respect to
international affairs.

Q: What is the authority vested to the president?

A: The President is vested with the authority to
(3)
(4)
(5)
(6)
(7)

Deal with foreign states and governments;

Extend or withhold recognition;
Maintain diplomatic relations;
Enter into treaties;
Transact the business of foreign relations. [Pimentel v.
Executive Secretary, G.R. No. 158088, July 6, 2005]

Executive Agreement treaty within the meaning of that word

in international law and constitutes enforceable domestic law.
Unlike treaty, it does not require legislative concurrence, less
formal, deals with narrower range of subjects.
Required: agreement must be written and governed by
international law.
Cannot be used to amend a duly ratified and existing
treaty.
Treaty As defined by the Vienna Convention on the Law of
Treaties, an international instrument concluded between States
in written form and governed by international law, whether
embodied in a single instrument or in two or more related
instruments, and whatever its particular designation. [Bayan v.
Executive Secretary, G.R. No. 138570, Oct. 10, 2000]

Other terms for a treaty: act, protocol, agreement, compromis

d arbitrage, concordat, convention, declaration, exchange of
notes, pact, statute, charter and modus vivendi.
Note: It is the President who RATIFIES a treaty (not the Senate),
the Senate merely CONCURS. [Bayan v. Executive Secretary,
supra]
The President cannot be compelled to submit a treaty to the
Senate for concurrence; she has the sole power to submit it to
the Senate and/or to ratify it. [Bayan Muna v. Romulo (2011)]
The Budgetary Power
SECTION 22. The President shall submit to the Congress within
thirty days from the opening of every regular session, as the
basis of the general appropriations bill, a budget of expenditures
and sources of financing, including receipts from existing and
proposed revenue measures.

It is with the President because he is in the best position to

determine the needs of the government and propose the
corresponding appropriations therefore on the basis of
existing or expected sources of revenue.
Congress cannot increase appropriations recommended by
the President.

Q: What is in the budget?

A: The budget is the plan indicating:
(1) Expenditures of the government
(2) Sources of financing,
(3) Receipts from revenue-raising measures.
The budget is the upper limit of the appropriations bill to be
passed by Congress. Through the budget, therefore, the
President reveals the priorities of the government.
FIXING OF TARIFF RATES [ART. VI, SEC. 28]
The Congress may, by law, authorize the President to fix:
(1) within specified limits, and
(2) subject to such limitations and restrictions as it may impose:
(a) Tariff rates;
(b) Import and export quotas;
(c) Tonnage and wharfage dues;
(d)Other duties or imposts within the framework of the
national development program of the Government.
Rationale for delegation: Highly technical nature of
international commerce, and the need to constantly and with
relative ease adapt the rates to prevailing commercial standards.

The Informing Power:

SECTION 23. The President shall address the Congress at the
opening of its regular session. He may also appear before it at
any other time.
It is not mandatory but discretionary.
If he does give info, it is for goodwill of the Congress and
because of such information will be the basis of legislation.
Usually discharges it through the SONA.
Residual Power
General doctrine: The President has unstated residual powers,
which are implied from the grant of executive power necessary
for her to comply with her Constitutional duties, such as to
safeguard and protect the general welfare. It includes powers
unrelated to the execution of any provision of law.
Impoundment Power
Impoundment refers to the refusal of the President, for whatever
reason, to spend funds made available by Congress. It is the
failure to spend or obligate budget authority of any type.
Sources:
1. Authority to impound given to the President either
expressly or impliedly by Congress.
2. Executive power drawn from the Presidents role as
Commander-in-Chief
3. Faithful Execution Clause

Note: Proponents of impoundment insist that a faithful

execution of the laws requires that the President desist
from implementing the law if doing so would prejudice public
interest. An example given is when through efficient and
prudent management of a project, substantial savings are
made. In such a case, it is sheer folly to expect the
President to spend the entire amount budgeted in the
law.
(PHILCONSA
v.
Enriquez, G.R. No. 113105, Aug. 19, 1994)