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Constitutional Law 1 - File No. 8
Constitutional Law 1 - File No. 8
Constitutional Law 1 - File No. 8
FILE No. 8
At least 40 years old on the day of At least 40 years old on the day
election of election
Natural-born citizen of the Natural-born citizen of the
Philippines Philippines
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2. Special
Requisites:
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• The term of office of the Senators who would be elected would
be six years, to commence at noon on the thirtieth day of June
next following their election and to end at noon of 30 June 2001.
Protestant Santiago filed a certificate of candidacy for Senator in
the 8 May 1995 election, campaigned for such office, and
submitted herself to be voted upon. She filed her certificate of
candidacy for the Senate without any qualification, condition, or
reservation. In so doing, she entered into a political contract with
the electorate that if elected, she would assume the office of
Senator, discharge its functions and serve her constituency as
such for the term for which she was elected. The term of office of
the Senators elected in the 8 May 1995 election is six years, the
first three of which coincides with the last three years of the term
of the President elected in the 11 May 1992 synchronized
elections. The latter would be Protestant Santiago's term if she
would succeed in proving in the instant protest. that she was the
true winner in the 1992 elections.In assuming the office of Senator
then, the Protestant has effectively abandoned or withdrawn this
protest. Such abandonment or withdrawal operates to render
moot the instant protest. Another reason why this case should
now be dismissed is the fact that the Protestant has decided to
waive the revision of the remaining unrevised ballots from 4,017
precincts out of the 17,527 precincts of the designated three pilot
areas. This is an unabashed reversal from her original stand in her
Motion and Manifestation dated 18 October 1993. Until the
present, however, the Protestant has not informed the Tribunal
whether after the completion of the revision of the ballots from
her pilot areas, she still intends to present evidence in connection
therewith. This failure then, is nothing short of a manifest
indication that she no longer intends to do so. All told, a dismissal
of this election protest is inevitable (Defensor-Santiago vs. Ramos, PET
Case No. 001, Feb. 13, 1996).
Salary
Presidential Immunity
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Prohibited from:
Vacancy Successor
President-elect fails to qualify or VP-elect will be Acting President
to be chosen until someone is qualified /
chosen as President.
President-elect dies or is VP becomes President.
permanently disabled.
Both President and VP-elect are 1) Senate President or
not chosen or do not qualify or 2) In case of his inability, the
both die, or both become Speaker of the House shall act as
permanently disabled. President until a President or a VP
shall have been chosen and
qualified. In case of death or
disability of (1) and (2) Congress
shall determine, by law, who will
be the acting President.
Vacancy Successor
President dies, is permanently Vice-President becomes President
disabled, is impeached, or for the unexpired term.
resigns.
Both President and Vice- 1. Senate President or
President die, become 2. In case of his inability, the
permanently disabled, are Speaker of the House shall act
impeached, or resign. as President until the President
or VP shall have been elected
and qualified.
6. Presidential illness:
a) If the President is seriously ill, the public must be
informed thereof.
b) Even during such illness, the National Security
Adviser, the Secretary of Foreign Affairs, and the
Chief of Staff of the AFP re entitled to access to
the President.
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b. PRESIDENTIAL POWERS
i) Executive Power
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iii)Residual Powers
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Faced with the problem of whether or not the time is right to allow
the Marcoses to return to the Philippines, the President is, under
the Constitution, constrained to consider these basic principles in
arriving at a decision. More than that, having sworn to defend and
uphold the Constitution, the President has the obligation under
the Constitution to protect the people, promote their welfare and
advance the national interest.
To the President, the problem is one of balancing the general
welfare and the common good against the exercise of rights of
certain individuals. The power involved is the President's residual
power to protect the general welfare of the people. It is founded
on the duty of the President, as steward of the people. To
paraphrase Theodore Roosevelt, it is not only the power of the
President but also his duty to do anything not forbidden by the
Constitution or the laws that the needs of the nation demand. It is
a power borne by the President's duty to preserve and defend the
Constitution. It also may be viewed as a power implicit in the
President's duty to take care that the laws are faithfully executed
[see Hyman, The American President, where the author advances
the view that an allowance of discretionary power is unavoidable
in any government and is best lodged in the President (Marcos vs.
Manglapus, 177 SCRA 668).
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Prosecution of Crimes
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