1. Who comprises the Executive?

-exec power shall be vested in the President

-In case of inability of president-> VP, President of the Senate then Speaker of the House
-Congress will say who will be President in case of inability of Acting President

2. Express, Implied/ Residual Powers

Implied- these powers are not specifically mentioned in the Constitution, they are assumed to exist if necessary in order
to implement the enumerated powers. (Promotion and protection of the interest and welfare of the people)

3. Executive’s extraordinary powers:

a. Calling out power – most benign and involves ordinary police action
-suppress lawless violence, invasion or rebellion.
-acts within the permissible constitutional boundaries or in a manner not constituting grave abuse of
discretion.
b. Suspension of the privilege of the writ of habeas corpus – only when there is actual invasion or rebellion AND
public safety requires it
c. Declaration of Martial Law – same,same
*There is rebellion if:
-Public Uprising and Taking arms against the government
-purpose is to remove from the allegiance to the Government or its law, territory of the PH or any part thereof
or anybody of land, naval or other armed forces.
-purpose is to deprive the Chief Executive or Congress their powers and prerogatives
*only need to be a citizen to question ML
*SC can only review the facts prior to declaration of ML

4. Executive Privilege – power of members of executive to resist subpoenas and other interventions by legislative and
judiciary
-When communication is used for a criminal trial and not on the ground that military or diplomatic secrets will
be implicated exec priv does not apply
Executive privilege on presidential communication covers:
a. Protected communication must relate to a quintessential and non-delegable presidential power
b. Communication must be authored or solicited and received by a close advisor of the President or the
President himself.
c. If it contains important evidence and by the unavailability of the information elsewhere by an appropriate
investigating authority.
5. Immunity from suit – is to assure the exercise of Presidential duties
-may be invoked ONLY by the president
-immunity from suit does not entail inability to file a case.
6. Impeachment of a President
-HR shall have exclusive power to initiate all cases of impeachment (president, vp, sc, consti comm,
ombudsman)
-Resignation:
a. intent to resign
b. intent must be coupled by acts of relinquishment
7. Law-making of Leg v. Rule-making authority of the executive
-When law is made, rules can be made as long as in accordance to the law
*power of subordinate legislation - administrative bodies may implement the broad policies laid down in a statue by
filling in the details which the Congress may not have the opportunity or competence to provide.
a. Supplementary rule-making – filling up the details of the law for its enforcement
b. Contingent rule-making – ascertaining facts to bring the law into actual operation

8. Undue delegation of legislative powers – congress should appropriate as a whole not as individuals
-“and for such other purposes as may be hereafter directed by the President” -> undue delegation
9. Congress declares the existence of war but executive makes the war.
10. During national emergencies, Congress may by law authorize president to exercise powers necessary and proper
11. Congress convenes every 4th Monday of July
12. Commission of Appointments is with Congress
13. Congress had power to tax
14. Initiative and referendum