 A: The Role of the Vice President is to substitute the president and
wait for the president
Legislative department
 The power to amend, appeal, modify enacted laws based on
jurisprudence.
 Judicial power indicated in sec. 1 of Art.8 of the constitution, which
provides that the judicial power is the duty of the court of justice to
settle actions, cases or controversies involving rights which are
legally demandable and enforceable. It is also the duty of the court
of justice to determine the existence of grave abuse of discretion
amounting to lack or excess of jurisdiction in any branch or
instrumentality of the government. which is pretty clear when you
look at article 8 Sec 1, because it defines judicial power.
 When you speak of executive power, there is no once clear
definition of what it is, because it does not have an all-encompassing
definition of what it really is. At best, it is the power to administer
the laws. But when you talk about the execution of laws and
administration of laws executive power seems to be limited in so far
as the execution of laws merely. So, it revolves around its
participation in the law making due processes. Obviously when you
talk about executive power, its more than just that, and if you will
see, the different enumeration of what constitutes executive power,
you will see that there is an appointing power and appointing is not
independent of any particular law. When you talk about military
powers.
 Scope of what is meant by executive power.
 Executive power - is a power to administer and execute the laws.
 Who exercises executive power? The President (sec. 1, Art. 7)
 According to the constitution we shall also have a Vice President
which will have the same qualification, term of office, prohibitions,
disqualifications and inhibitions as the President.
 Q: if the President will executive power, what is the role of the vice
president?
 That the creation of the office of the vice president is in order to
promote political stability in the system in case of vacancy. Its sole
purpose is merely to wait for something to happen to the President
in order for him/her to assume office, but the point here is that
particular office is there to provide stability in the system.
 As to there will be no void as to who will exercise executive power
if and when these circumstances arise.
 Q: what are qualifications of a President and Vice President
 A: -Must be natural born citizen of the Philippines
-Must at least be 40 years old at the date of the election
- able to read and write
- must be a registered voter
-a resident of the Philippines for at least 10 years
-6 years term of office starting and end from 30th of June 12noon
-election date shall be held on the 2nd Monday of May
Sec 5 Article 7 President’s Oath of Office
“ I do solemnly swear [or affirm] that I will faithfully and
conscientiously fulfil my duties as President of [or Vice President
or Acting President] of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God.” [in
case of affirmation, last sentence will be omitted].
- Simultaneously ends and begins.
- The assuming of office is simultaneously to him stepping down
- There will be no point in time that there will be two Presidents
at the same time.
- Q: is there no re-election for Presidents?
A: A person who is president can no longer be
 Eligible for any re-election. No person who succeeded as President
and has served as such for more than 4 years shall be qualified for
election to the same office at anytime. ( Sec 4 art. 7)
- A person who assumed the presidency and served not more than
4 years can be re-elected as president.
-if the vice president assumes the presidency, and serves the un expired
term of 5 years, then he cannot run for the presidency title.
Case: Fernando Poe
Qualifications for President:
In order for a person to be eligible to run for president he/she must:
1) A natural born citizen
Fernando Poe is not a natural born Filipino citizen
Tecson file a case before the comelec
There are two petitioners that went directly to the SC, asking the SC
to exercise original jurisdiction. Stating that it should not be the
comelec who decide the qualification of the president because
according to them it should be the Presidential electoral tribunal.
SUBSTANTIVE ASPECT: is FPJ a Filipino citizen?
If you look at the 1935 constitution, to which FPJ, the law in place
when FPJ was born, it speaks of those born of Filipino fathers. That
is regardless of whether or not the child is legitimate or illegitimate,
because the law does not distinguish, if the law does not distinguish
we should not also distinguish.
- In this case, as long as your father is Filipino, then you are a
Natural born Filipino, regardless whether you are legitimate or
illegitimate child. So in this case since you are able to prove that
you father is Filipino regardless whether the marriage was void
or bigamous, etc. the point being is under the 1935 constitution,
you become a natural born Filipino because of the citizenship of
your father.
- Yes, because he was recognized through filiation.
2
A natural born – is a person who does not do anything to acquire
Filipino citizenship.
A NATURALIZED FILIPINO- is someone who performs posited
acts in order for him acquire Filipino citizenship.
Petitioner’s contention: according to the petitioners FPJ is not a
natural born Filipino because he is an illegitimate child of a Filipino
Father and an American mother. And since he is an illegitimate child
his nationality should have been patterned to the mother’s
citizenship which is American. Because they are not married, and
even if they are married the argument was that marriage is void
because it was bigamous because a year prior to the alleged wedding
FPS was married to a particular Gomez. So according you cannot
say in any way that he is a natural born Filipino.
Q: Whether or not FPJ is a natural born Filipino?
PROCEDURAL ASPECT: Is the original petition filed in court,
going directly to the SC to question the qualifications of FPJ is a
correct legal maneuver? A: No, because they SC, sitting en banc
cannot acquire jurisdiction simply because he is not yet elected as
president therefore under Art.7 sec 7 the SC does not have
jurisdiction. They are just merely candidates, since they are just
candidates if you look at the constitution, the jurisdiction only steps
in if and when they are already the president Or the vice president.
If you can’t go directly to the supreme court you go directly to the
comelec.
GRACE POE CASE:
She is not a biological child of FPJ AND SUSAN ROCES, she was
adopted, she was found in a church in legal terms she is a foundling.
There was a legal adoption, after the legal adoption.
She was a naturalized American citizen. Citizenship retention and
reacquisition act of 2003.
She ran as president –coc morethan 10 yrs. & Filipino citizen .
 They went to the comelec to question the qualification.
The Comelec said that she is not a natural born Filipino and even if
she is, she failed to compiled with the amount of years required as
to the residency. She is short of two months.
- The supreme court said that she is a natural born citizen and she
met the requirements of residency.
- Q; what is the basis of justice perez?
- A: there is nothing in the 1935 constitution states that foundling
are not considered as natural born
- Born out nationals of the country where they were found, based
on a international law on foundlings.
- The argument of the OSG: that it grace poe’s natural born
citizenship is demonstrable. Statistics wise, it was 99%
probability that the parents of her are Filipino in Iloilo
- CJS look at the rich law regarding adoption. Following the
adoption law. Only Filipino citizens can be subject of adoption.
Since she was able to be adopted means she is infact a Filipino.
PRESIDENTIAL IMMUNITY
-immunity of the president from suits. Civil and criminal charges.
Public convince/ public policy is a ground of immunity of the
president from suits.
Writ of Amparo : a legal remedy
The JBC is in charge of providing the president of list of nominees
Supervisor’s power- if and when the subordinate acts in such a way
exceeded his authority, the
Drilon v Lim- wherein lim questioned the constitutionality
3
That enables the secretary to view the tax laws / ordinances passed
by sandigan, him questions such power to review
Review powers of the secretary of justice of the tax ordinances made
by LGU constitutes merely supervision or control. Supervision
rather than control.
Martial law safeguard
1. It can only be declared when there is actual rebellion or inflation,
when public safety requires it.
2. The president must report to congress within 48 hours.
3. A limit of 60 days without extension coming from the congress
would automatically lapse.
4. When congress convenes, congress can limit or totally revoke
the declaration
5. Any citizen can fila a petition to the SC questioning the factual
basis of the declaration of martial law.
6. Does not suspend the operation of the Constitution
7. Does not suspend the operation of the civil courts
8. The suspension of the privilege does not necessitate the
declaration of martial law
9. The military courts do not have jurisdiction over the civilians
10. Those arrested while in martial law must be charged in court
within 3 days or they should be released.
If the president declares martial law is it incumbent for the congress
to convene? No. Congress will only convene if it has the intention
to revoke but if it agrees to the declaration of martial law then theres
no need for the reconvening of the congress.
What is the difference between amnesty and Pardon?
Pardoning power
Why is pardon given to the president? What is the power to give out
pardon by the president?
Q: discuss the extent of the power of the president to give pardon.
A: aside it being an act of grace. The constitution gives the power to the
president to give out pardon because:
1) Pardon is a recognition that congress may pass harsh laws
2) It a recognition that the judiciary is imperfect, that it may convict an
innocent man. (imperfection of the judicial system)
- That is why the executive given the power to relieve a person
from a particular punishment., for check and balance purposes.
That is the extent of why pardoning power if given to the
executive.
3) A form of check and balance.
DIFFERENT KINDS OF EXECUTIVE CLEMANSIES
1) Pardon- an act of grace by relieving the person from his criminal
liability the crime committed. Looks forward, it does not remove
that you’ve committed a crime. Just removes the penalty imposed
upon you for the commission of a crime. You are excused from the
liability. Afforded to individuals not charged of political crimes.
2) Personal act of the president thus it must be proven. Does not require
the concurrence of the congress.
3) Commutation- reduction of the penalty already imposed.
4) Reprieve – postponement of penalty to another date.
5) Parole- suspension of sentence after serving the minimum penalty
6) Amnesty- looks backward, it obliterates the crime, as if it did not
happen at all, afforded to a group of individuals. No crime, no
criminal. Persons charged of political crimes. Public act of the
President which is subject to judicial review. Requires the
concurrence of the congress.
For you to enjoy amnesty, do you need to confess your guilt? Yes.
4
Kinds of Pardon:
1) Absolute Pardon- theres no need for acceptance, it becomes
effective because it is the most beneficial aspect for the convict
to get out of jail. No condition.
2) Conditional- no force until accepted.
Is the power of the president to issue pardon absolute?
A: No. there are certain limitation on the power of the president to grant
pardon.
1) The person should be convicted of final judgment
2) Cannot give to someone who is impeached
3) Cannot be given without the favorable recommendation of the
comelec
Can you give out pardon to administrative case? Yes, because
that particular power is not only limited to criminal but also to
administrative offenses.
Can a president pardon a disbarred lawyer? No. Because it is
within the Jurisdiction of the SC, only the supreme court can
determine who can practice law in the Philippines
- If the violation is moral turpitude the president can pardon the
criminal aspect and the pardoned person can go to the supreme
court to say “I’m already pardoned, so you cab reinstate me
already but still dependent upon the SC to grant that particular
request or not.
When a case is already declared final and executory, can the SC
deprive of the jurisdiction from acting upon certain measures and
its just the president’s call?
A: No. final and executory case means that the court has finally
lost its jurisdiction over the case.
Head of State v Head of government
 Head of State- is the representative of the state in international
engagements
Judicial supremacy- merely correcting branches of government
Head of government a\- is in charge of the day-to-day to conform to what the constitution is saying.
administration.
Diplomatic power- the president acts as a head of state, Judicial superiority- it means that the judicial department is
represents the country internationally. superior compared to the Congress and Executive Department.

Treaties – a national agreement, needs to be ratified by the senate Judicial Review- judicial supremacy is being exercised. You give
weight to what the constitution says.
What is jurisdiction? It the power of the court to hear, try and General Rule: Courts are passive in nature, they have a passive
decide a case. power. Meaning they wont act unless and until you invoke them.

Courts of first level – courts of limited jurisdiction. The kinds of
case that they can handle are limited to an enumeration provided
for by law.
As oppose to a court of general jurisdiction- can entertain almost
all kinds of cases.
Requisites to Judicial Review:
1. There must be an actual case and controversy
2. the parties to the case must have legal standing lo locus standi
3. the issue must me raised at the earliest possible time

Second level court- The courts can…

Look at what kind of case is pending

Annulment- look at the law BP129
3rd Level courts- Appellate courts- court of appeals
sandigan bayan, court of tax appeals

Courts of general jurisdiction-