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Executive Privilege - withhold information from the Congress, the courts and the people

administration of justice - compel - safeguards like closed-door cabinet meetings, no cameras

LIMITATIONS UPON LEGISLATIVE POWER


Express - found in the constitution
Implied - not found in the consti
- irrepealable laws
- non-delegation
-protesta delegata, non delegare potest

It wouldn't be legislating if the rules pass these tests:


1. Completeness Test - has all the details when it leaves the hands of Congress such that there is
nothing more to be done but to enforce it
2. Sufficiency of Standard Test - the policy contains sufficient standards to guide the agency in the
promulgation of the rules (pursuant of the standards)

Congress - sets for policies


- tell us what are the policies

Legislative - pass ordinary laws


Fundamental Law - constituent law

when the law complete for its detail - policy is still set forth by Congress
When the policy is already in the standard set by the legislative department then it is not a
delegation of powers
enforced what has already been established: not legislating, merely enforcement
"what" - not what is enforced
it is more of a "how"

not exercising legislative power - conform to the 2-standard test

delegate emergency powers - in accordance with the national policy


declare state of emergency - only a declaration - acknowledge the existence of such condition

Who can be impeached? Article 11, Section 2


1. President
2. Vice President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions
5. Ombudsman
Grounds for impeachment:
1. culpable violation of the Constitution
2. treason
3. bribery
4. graft and corruption
5. other high crimes
6. betrayal of public trust
although it appears exclusive, you can put in other grounds as to constitute betrayal of public trust
not just any violation - it must be culpable, or willful and intentional violation of the Constitution

Procedure for impeachment:


all impeachment complaint must start with the House of Representatives
who can initiate (Article of Impeachment) - 1. member 2. citizen + endorsement by the member
shall be included in the calendar or order of business within 10 session days
refer to the committee three days
60 days to come up with the report
the resolution be calendared for consideration
1/3 of all the members
other way:
initiate
already has the needed 1/3
skip the calendar thing
refer right away to senate for trial
refer to the Senate for trial

2 impeachment complaint filed? 2 impeachment in one year for the same impeachable official?
No. Initiate means a verified complaint is filed and referred to the appropriate committee for action.
(filed and taken up)

Senate shall have the sole power to try and decide


chief justice - only try cases against the President but will not vote

2/3 votes of ALL the members of the Senate - needed vote to impeach an officer
look at the composition of the House

EFECT OF THE IMPEACHMENT:


1. Removal from office
2. Disqualification to hold any office

impeachable officer resigns - only aspect of removal


resignation shouldn't render the impeachment moot and academic
because there is still the aspect of disqualification

EXECUTIVE DEPARTMENT
Article 7
Section 1: the executive power shall be vested in the President of the Philippines
Legislative power is not something exclusive in Congress but shared to the people
Executive power vested only to one person
various departments are considered adjunct to the office of one president
and secretaries to be his alter egos
act considered not to be their own but holds true the mythical concept that there is only one person
holding the executive power - DOctrine of Qualified Political Agency
actions of the secretary are actions of the President
no separate personality but extension of one President

Section 2: Qualifications :
Residence: 10 years immediately
Age: at least 40 years of age
Able to Read and Write
Natural Born Citizen
Registered Voter

Section3: VP shall have the same qualifications as the President

Section 4: 6 years with no possible re-election


argument: original understanding of the people is that the incumbent is seeking for the same post
No person who has succeedeed as President and has served as such for MORE THAN FOUR YEARS shall
be qualified for election to the same office at any time

Section 5: oath

Section 6: privileges of the President


1. official residence
2. immunity from suit (not esplicitly provided in the Constitution, same as executive privilege, born
out of practice)
- only during his tenure
immunity from suit exclusive to the president and can only be invoked by him or her and it can be
waived, when he filed a suit (countersuit)

Section 13: prohibitions of the president:


President, Vice-President, Members of the Cabinet, Deputies or Assistants
1. prohibition from holding any office
Article 6, Section 13: GOCC, GSIA
Article 7, Section 13: extends to holding of ANY other office (cannot hold any other office or
employed during their tenure otherwise provided in this Constitution)

Article 9, Section 7. No elective official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure.
Unless otherwise ALLOWED (not necessarily required, enough that it is allowed) by law or by the
primary functions of his position, no appointive official shall hold any other office or employment in
the Government or any subdivision, agency or instrumentality thereof, including Government-owned
or controlled corporations or their subsidiaries.

however, it will be considered not any other office - if: (just another duty to the same office)
1. required by law or by primary function of their office
2. no additional compensation
can be occupied without violating the constitution

instances that Members of the Cabinet can hold another office:


1. Sec of Finance, board member of the Central Bank
2. VP, appointed as Member of the Cabinet
3. Secretary of Justice, member Judicial Bar Council
4. VP as acting President not vacating his seat

SUCCESSION

Secton 7:
2 scenarios: (VP only ACTS as President)

1. Before assumption into office


Proclamation - assumption: president elect fails to qualify
fails to qualify means fails to take the oath
VP shall act until President-elect shall have qualified
2. President shall not have been shown

Began his term:


1. died
2. pemanently incapacitated
VP BECOMES the President

NO Pres and VP:


1. Senate President shall act
2. Speaker of the House shall act (no Senate President)
3. Congress shall by law provide for the manner in which one who is to ACT as Pres until Pres or a VP
shall have been chosen and qualified

Sec 9 - VP: vacancy


President shall nominate a VP from among the Members of the Senate and House of Representatives
Sec 10 - bill becomes law without signature of the President

EXECUTIVE DEPARTMENT

POWERS

Article VII - executive power

Marcos v. Manglapus, GR No. 88211, September 15, 1989


- what the executive power is
Although the 1987 Constitution imposes limitations on the exercise of specific powers of the
President, it maintains intact what is traditionally considered as within the scope of "executive
power." Corollarily, the powers of the President cannot be said to be limited only to the specific
powers enumerated in the Constitution. In other words, executive power is more than the
sum of specific powers so enumerated. The President's residual power to protect the general welfare
of the people [is] founded on the duty of the

President as steward of the people.


- sum total of all the specified powers in the Constitution
- unstated residual power
- not just a mere implementation of the law
- limit power only in the state of martial law

Gonzales v. Hechanova
- what the executive power is not
- it is not the power to defeat legislation enactments
- it is the power to enforce the law
- cannot be exercised to indirectly repeal the law

power of control - the President has the power to substitute the judgment of the subordinate with
that his own judgment

Article 10, Section 4


- the president of the philippines shall exercise general supervision over local governments

difference between control and supervision?


1.) supervision - to see to it that the subordinate perform his function within the bounds of law

if the decision is lawful - the Pres cannot change


if the decision is unlawful - the Pres can change and he can discipline (part of seeing to it that he
performs his function within the bounds of law)
president has disciplinary authority over local officials.

2.) control - power to substitute the judgment of the subordinate

object of the power: can discipline proceeding from the power of appointment but not from the
power to control

Power of Appointment
Section 16 - deals with the power of appointment
commission on appointment - congress

1st set: H, A, P, A - O
2nd set: default appointment - President; appointments are not otherwise provided by law
nature of appointment power: cannot be legislative, judicial, must be executive
embraces a situtation where the law declared the name to be appointed but the court finds it
unconstitutional
3rd set: authorized by law to appoint
4th set: vested in the President alone that are lower in rank
chairman or members of the concom
members of JBC

procedure: (needs confirmation from the CoApp)


kind of appointment while Congress is in session - regular

1. President nominates
2. CA confirms
3. Appointed
4. Accept the Appointment

while Congress is in recess - ad interim

1. Appointment
2. Acceptance
3. Confirmation (when Congress resumes session)

not confirmed - 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
disapproved by the Commission on Appointments or until the next adjournment of the Congress.
alongside the power of appointment is the power of approval

ad interim appointments are permamnent appointments that once accepted b the appointee cannot
be revoked by the President

Section 15 - Midnight appointments


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.

- made before two months before the election until the end of the term
one isnstance that the Pres is allowed: must be in the executive position, nature of merely a
temporary appointment, when continued vacancies therein will prejudice public service or endanger
public safety
- might prejudice the next administration

Gloria Arroyo's case


appointment and acceptance done before March 11, 2010
made before March 11 but will take effect after March 11
- midnight appointment??

probition period begins on March 11

PARDONING POWER
- one aspect of checks and balances under our system of government

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.

what is the meaning of pardon?


what are the other kinds of pardon?
distinction
effects

Pardon - an act of grace


rationale behind the pardon: to check upon the possible harshness of the application of the law
you cannot force it upon the chief executive, you cannot ascribe grave abuse of discretion
full discretionary authority given by the sovereign in the constitution to the executive, can be
exercised by him alone cannot be delegated
violated the pardon:
1. can prosecute him for the violation of the term of the pardon under the revised penal code
2. the president can immediately recommit him under the revised administrative code

Kinds of pardon:
1. absolute pardon - need not get the consent of the pardonee
2. conditional pardon - has to be accepted by the party, accept the conditions
3. plenary - relieves you of all the effects of pardon
4. partial - only the imprisonment will be relieved, still suffer other consequences of the crime
committed

- terms of the pardon must be checked, must be expressly stsated that they are restored
Pardon - granted by the president, upon final judgment of conviction, no requirement of service of
minimum
Parole - granted by the President, granted after service of the minimum of your sentence
Probation - granted by the judge upon application, but the crim must not be punished by more than 6
years and a day, you must not have appealed the judgment

LIMITATIONS
1. can only grant pardon upon final judgment of conviction
2. cannot for those have been impeached
3. can if it involves election offense only when there is a prior favorable recommendation by the
COMELEC

AMNESTY

Pardon v. Amnesty
Amnesty - there is an added requirement - concurrence of the majority of all the members of the
congress
a. refers to political crimes
b. almost always to class of persons that committed a political crime
c. need not to have a trial but there must be an admission of guilt
d. stand clean in the eyes of the law, as if you have not committed a crime at all
e. not only forgiveness but also forgetfulness
f. it becomes a public act
g. duty-bound to take such judicial notice of the act

Vera v. People
- there must be a plea of guilty before you will be granted amnesty

Pardon
a. non-political crimes
b. to a specific person
c. convicted upon final judgment
d. forgiveness but not forgetfullness
e. not a public act
f. cannot take judcial notice of the pardon, have to be pleaded in order for the judge to take notice
of it

MILITARY POWERS

I. call the armed forces


- to prevent or suppress lawless violence, invasion or rebellion
II. suspend the privilege of the writ of habeas corpus
III. declare martial law
- can only suspend and declare when there is invasion or rebellion
- public safety requires it

power to suspend
when?? there is invasion or rebellion, public safety requires it
possibility?? no must be actual rebellion or invasion but it must be shown that public safety requires it

two personalities, if one is detained and the other one is detaining him
habeas corpus: the body
writ: order of the court
privilege: look into the legality of your detention
suspend: the writ will still push through, sufficient in form and substance; what is suspended is the
privilege - the court will not look into the legality of the detention if it is based on the crimes directly
related to invasion or rebellion

do two things:
1. bring the body of the person detained
2. state the date, time and the cause of his detention
- do that in writing (return - report containing no. 2)
writ of liberty - the moment the person is brought to court, the court will then determine the legality
of his detention, if there is a valid reason to detain him, test the legality of your detention

only those which are related to the crimes stated in Article 7, Section 18: rebellion and invasion

MARTIAL LAW
- one power of the President that framers want to limit
- Congress can revoke the declaration that the President cannot set aside
- subservient Congress - can got to the Supreme Court
- Supreme Court can nullify
- special legal standing - any citizen can go to the Supreme Court and ask that the declaration of the
martial law should be set aside on grounds of insufficiency of the factual basis of the proclamation -
need not attain personal injury
first time that SC looks into the factual basis, not just on the legality
- must promulgate its decision within thirty days after the filing

what happens if martial law is declared:


what will not happen (Constitution - Article VII, Section 18)
1. not suspend the operation of the Constitution
2. not supplant the functioning of the civil courts or legislative assemblies
3. not authorize the conferment of jurisdiction on military courts and agencies over civilians where
civil courts are able to function
4. not automatically suspend the privilege of the writ.

Article VII, Section 18


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.

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