Powers of the president?

Can the the president exercise powers which is not stated in the
constitituion? Power limited only in the constitution?

Answer

No SC held in the case of marcos vs. manlapus

The president exercise a what we call residual powers which is

not expressly stated in the constitution but can be inplied by the
grant a power to the president. Any power does is not found in
any other deparment that is exerciseable by the president.

Which is necessary to the president to comply fo his duty in the

constitution as president.
NATIONAL ARTIST AWARD

Can the president choose the person even without in the enlist
submitted by NCCA AND CCP (NATURAL CENTER FOR CUL

reason

ANSWer

No. the residual powers can only be use if there is no law that
being enforce. The authority is legislated in by the congress
there is existing law. The president is not above the law.

The president is moving the impediment of the illegal

perception.

PROPSPERO PICHAY

Appointed by gma gocc

Presidential anti graft commission

PAGC

Question: executive order abolishing the PAGC all pending cases

were transfer to ODESA OR THE LEGAL AFFAIR

Pechay went to SC in the pure question of law. Can the president

abolish the PAGC and transfer to his new office ODESA THE
PENDING CASES BY executive order?

Answer:

Yes. Under the law in the administrative code the president as a

continuing authority to reorganize the executive department.

Executive order no 1 by pinoy

Bumuo ng isang commission to file by case to GMA

This is being argue that it si unconstitutional by creation of new
office.

Bawal create new office: pero hindi bawal mag demolish ng

office

INCOMPATIBLE OFFICE – ARTICLE

SEC 7 ARTICLE IX 13

Unless otherwise allowed by the law or the primary functions of

his position, no appointive official shall hold any other office or
employment in the govt or nay subdivision, agency or
immediately threof, including government owned controlled
corporations or third subsidiaries. ( Sec 7, paragraph article ix –b
of the 1987 contitution)

PINAGBABAWAL- isang appointed official holding any other

office or employment in the govt or GOCC
Malapit kay GMA Helena bautista

SC

YES she violated she is not. The constitutional provision cannot

hold any position meaning occupy

Question: Holding two concurrent position Elena Bautista was

DOTC, USEC was designated as OIC of MARINA is temporary
capacity. Is this valid?

Answer:

No

the constitutional ban on dual or multiple position refers to the

holding of the office, and not to the nature of the appointment
or designation, words which were not even found in the Section
13 Article VII nor in Section 7 of Article IX-B
To “hold” an office mean to “ possess occupy” the same, or to be
in possession and administered.

Can action secretary acting solicitor general

Answer: SC NO

Question: State the exceptions to the ban against holding of 2 or

more positions.

ANSWER: the only two exceptions against the holding of

multiple offices are

(1) those provided for under the constitution such section 3,

article VII authorizing VP to become a member of cabinet, and
(2) post occupied by executive officials specified in section 13
article VII without additional compensation in ex officio
capacities as provided by law as required by the primary
function of the office
(FUNA VS. AGRA GR NO. 191644 FEB 19, 2013)
Alberto AGRA peronsal lawyer deputy legal counsel appointed DOJ secretary
resigned OSG justice nachhura .

Ex office provided by law and required primary function of the office

Example FINANCE ex office monetary board
In thi sintance puede yan according to supreme cpurt

Torres v. Drilon
A law passed by congress creating the subic bay metropolitan
authority included in the law mayor of the olangapo city will be
the concurrent chairman of SBMA

Answer:
MIDNIGHT APPOINTMENT

Sec 15 Article VII

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 to executive positions when continued vacancies
therein will prejudice public service or endanger public policy.

Sec 4 Article VIII

The Supreme Court shall be composed of a Chief Justice and

fourteen Associate Justies. It may sit en banc or, in its
discreation, in divisions of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the occurrence
thereof.

General Rule: two month

Exception: Temporary appointment to executive

Question: May the Prssident appoint Chief Justce even during
the ban?

Answer :
Yes.

The ban under sec 15 article VII of the constitution does not
cover appointment to the SC two months immediately before
the next presidential election and up to the end of his terms;
the president is prohibited to make appointments only to
lower court.
Where section 5 (1) and of a Article VII, the President is
required to fill vacancies by Section 15 of Article VII
The President may validly appoint the next chief justice to fill
in the vacancy in the SC ( De Castro vs. Judicial bar Council GR
NO. 191002)

Question : Is EO 2 correct should the appointment made by

GMA should be revoked?

Answer :
Yes
All the 800 appointments of GMA were midnight appointments
are void for violation section 15, Article VII of 1987
Constitution EO 2 is unconstitutional.

2016 BAR:
a) Characterize the appointment whether permanent nor
temporary)
b) A civil society group

2) is this claim of
Commander in chief power of president

Q. after maguindanao massacre the president declared

state of emergency and called out the AFP is valid?

A. Sec 18 Article VII

In case of invasion or violence or rebellion, when public
safety requires it, he may, for a period not s=exceeding
sixty days, suspend the privilege of the writ of habeaus
corpus or place the Philippines or any part thereof under
martial law.
The calling out of the AFP to prevent

Q. Who can challenge the constitutionality of declaration

of martial law in Mindanao?

A. Any citizen with the legal standing to challenge the

constitution of the declaration of martial law or
suspension of writ. (fortun vs. pres. Arroyo march 2012)
As discussed in the declaration of constitutional
commission

Q. Can the president impose martial law with any

concurrence of congress.

A. yes.
The constitutition vest exclusively in the president as
commander in chief , the emergency powers to declare
martial law or suspend the writ cases of rebellion

Q. Does the congress have the mandatory duty to convene

jointly upon the presidents proclamation of martial law
or the suspension of the privilege of the writ of habeas
corpus?
A. No. Congress is not constitutionally mandated to
convene in joint session except to the jointly to revoke the
president declaration of martial law

Article VII Sec 18

In case of invasion or violence or rebellion, when public
safety requires it, he may, for a period not s=exceeding
sixty days, suspend the privilege of the writ of habeaus
corpus or place the Philippines or any part thereof under
martial law.

Q. Is the right to bail impaired if the privilege of the writ

of habeas corpus is suspended?

A. The right to bail is not be impaired even when the

privilege of the writ of habeas corpus is suspended.

He may proclaim martial law over the entire Philippines

or any part thereof provided that

Q. What requisite for the suspension of writ

State the Guidelines in the Declaration of Martial Law?

Note: The power of congress is to revoke not to confirm

or ratify, much less

Q. When the president declares a state of national

emergency and call out the AFP, does such an act give to
the President additional powers?
 A.
No. the declaration of a state of emergency is merely
description of a situation

Q. Does the proclamation of a state national emergency

authorize Sec. 17 Article VII to temporarily take over a direct
the operation of any private owned utility a business.

No. section 13 Article VII The president shall have control of

all the executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.

PARDONING POWER OF PRESIDENT

Q. What is the general rule in executikve clemencies?

A. The President may grant reprieves, commutations pardons

and remit fines and forfeiture after conviction by final
judgement.

Note: The grant is discretionary and may not be controlled by

the legislataure or reserved by the court.

Q. DISTINGUISH PARDON FROM AMNESTY?

A.
1. PARDON is a private act and must be pleaded and proved by
the person pardoned
Amnesty ia s public act of which will take judicial notice.
2. PARDON does not require the concurrence of the congress
AMNESTY requires the concurrence of congress

3. PARDON is granted to individual

AMNESTY is granted to classes of person or communities

4.

5.

Pardon looks forward and relieves the offender from the

consequences of his offense. While the amnesty look backward
and the person granted it stands before the law as though he
had committed us offense.

She invokesArticle 36 & 41 of RPC

1. yes Former President Estrada

The pardoning of president cannot be limited by legislative
action

Q. CAN THE PRESIDENT ON HIS OWN TERMINATE TREATY?

A. No, typically treary provides for its terminates

2008 Because the constitution

2015 BAR Republic Act of KROI

EDCA
Constitutional
(Rene Saguisag et al, v. Executive secretary)