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    Ateneo - Political Law

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    Ateneo - Political Law

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    JM Cruz
    Ateneo - Political Law

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    agan9g090 nonanrannannancgonnn0ngnnoagaa0nnn0nn09 ATENEO CENTRAL BAR OPERATIONS 2019 JORGE ALFONSO C, MELO ‘ATENEO CENTRAL BAR OPERATIONS KATRINA Y. COSCOLLUELA JONATHAN VICTOR NOEL GENICA THERESE ENDALUZ JOHN STEPHEN PANGILINAN ATTY. DIANNA LOUISE DELA GUERRA ATTY, RAMON ERENETA 'ATTY. ALBERTO AGRA POUTEAL LAM Fay ose JAN DoMANIG CASTRO ALYANNA MARIE MANALANG GZARINA MICHAELLA PLEYTO Poumon tA Spt eit EUNICE A. MALAYO FRANCES CHRISTINE F. SAYSON Carel ta Oporto ‘SELMA MIRANDA MARK VERGARA CZARINA CHER CUERPO ATENEO CENTRAL BAR OPERATIONS 2019 POLITICAL LAW "THE PHILIPPINE CONSTITUTION PRELIMINARIES A. Paltical LaW son so 4. Subjects covered by political law... 2. Constitutional Lane. 8 Constitution: Definition, Nature and Concepts 1. Classes of Constitution 2. Basle Principles of Constitutional Gonstruction, . 3. Doctrine of Constitutional Supremacy. 44. Pars of the Constitution, B._ PreaMble nr ¢. Salf-Executing and Non Self-Executing Provisions. 1. General Rule and Exceptions, ©. General Provisions. EINE 1. Symbols of Nationality... SE 2) The Armed Forces of the Philippines. 2. The Police Force. 4 Consumer Protections... 53, Mass Media and Advertising. , Forms of Government, 1. Government enn 2. Administration, 3. Types of De Facto Government. 4 Logisiature 5. Executive, T_ PRELIMINARY PROVISION AND BASIC CONGEPTS ‘TOPIC OUTLINE UNDER THE 2019 SYLLABUS ‘A. National Territory 5 B. Declaration of Principios and State Policies... ©. Separation of Powers... 2 D. Check and Balances. 9 9 E._ State immunity TEGISLATIVE DEPARTMENT ‘TOPIC OUTLINE UNDER THE 2019 SYLLABUS 4 4 2 2 2 2 2 2 2 3 3 3 3 3 3 A. Legislative Power. 1. Scope and limitation 2, Principle of Non-delegabilly; exceptions. B. House of Congress; composition and qualification of members. 4. Senate, 9900900 on0n00000 ecocncanc oon ofnOoOaAaOnOO ao yooqgqn0nnnnang90n0n0a00 000000 aaa o0one House of Representatives. 49 ‘2. District representatives and questions of appointment. , Partyllst system, fervsnninmnnnnnnnnn C. Privileges, inhibitions, and Disqualifications. D. Discipline of MemberS.rrcnnnnnnnnarnnn E, Process of Law-Making, F. Quorum and Voting Majorites. : G. Appropriation and Re-alignment a4 H. Legislative Inquiries and Oversight functions. 33 Power of Impeachment. nnn ae) 4, Electoral Tribunal. 36 ik. Commission on Appointments : — aoe LU Iniative and Referendum. 38 Ti EXECUTIVE DEPARTMENT. ‘TOPIC OUTLINE UNDER THE 2019 SYLLABU: ‘A. Qualifications, election, and torm ofthe President and Vice-President. 39 B, Privileges, inhibition, and Disqualifications. i. ‘20 C. Powers ofthe President. a2 1. Executive and Administrative powers in Gener 2. Power of Appointment. ‘a. Confirmation and by-passed appointments. Bb. Midnight and ad interim appointments. ‘e._ Power of Removal. Power of Control and Supervision Doctrine of Qualified Political Agoney...ss Executive departments ang Officers. Local Government Units. a7 1. Military Powers... ar a7 onms ‘Law and suspension ofthe priviage ofthe wit of habeas. a7 ‘corpus; requisites and parameters of extension... 2. Executive Clemency. : 3. __ Powers pertinent to Foreign Relations. H. Roles of Succasston nnsinrnniinennnn TW JUDICIAL DEPARTMENT ‘TOPIC OUTLINE UNDER THE 2019 SYLLABUS A. dudicial Power. 56 B. Judital Review. ST 1. Requisies. . 7 2 Political Question Doctrine. . 88 43. Moot Questions... 7 ILS 4. Operative Fact Doctrine. .nnnnssnevnnnnennrcnnn 58 6. Safeguards of Judicial Independence... cnn 60 1. Judicial and Bar Counc 7 61 2. Composition. st », Powers, : mame) 2, Fisca AutonoMy.nvenen seonne sone . Qualifications of Members ofthe Judiciary, 8 E. Workings of the Supreme Court 62 4, Enbane and Division eases. 63 2, Procedural Rule-making = “ea 3. Administrative supervision over lower courts. : 64 4. Original and Appalate Jurisdiction 64 'V- CONSTITUTIONAL COMMISSION ‘TOPIC OUTLINE UNDER THE 2019 SYLLABUS A. Gommon Provisions... BB. Powers and functions ofthe CSC, COMELEC, and COA. ©. Composition and Qualifications of Members. nnn D. Prohibited Offices and Intorests.vcns. E, Review of final orders, Resolutions, and Decisions... Vi BILL OF RIGHTS TOPIC OUTLINE UNDER THE 2019 SYLLABUS A. Fundamental Powors ofthe Stat B. Private Acts and the Bill of Rights : — . Rights to Life, Liberty and Property.2. 4. Procedural and Substantive Due Process, 2. Vold-for-Vagueness Doctrine, 3. Hierarchy of Rights . Equal Protection, 41. Requisites for Valid Giassitication.. 2. Rational Basis, Strict Scrutiny, and intermediate Scrutiny Tests E, Searches and Selzures. ve 1. Requistes fora Valid Warrant cscs 2. Warrantless Searches and Seizure. 3. Administrative AMES conus 4. Evidence Obtained through Purely Mechanical Act, F. Privacy of Communications and Correspondence. 1. Private and Publie Communications. 2. Intrusion, when allowed; Exclusionary Ru 6. Freedom of Speech and Expression. 1. Prior Restraint and Subsequent Punishment 2. Content-Based and Content-Neutral Regulations. 3. Facial Challenges and the Overbreadth Doctrine... 4 Dangerous Tendency, Balancing of Interests, and Ciear end Present Danger Tests. me . 110 States Regulation of Different Types of Mass Media a2 “ana Unprotected Speech 7 reedom of Religion... om 6. 8. Commercial Speech, : z A 99090000 O00 00 o000genOo 200 fomane) co a009g09g0090 a00 oo000000 aao0on nonononna 4. Non-Estabishment and Free-Exercise Clauses... 2. Benevolent Neutrality and Conscientious Objectors 3. Lemon and Compelling State interests. | Liberty of Abode and Right to Travel... Scope and Limitations. : 2. Watehulst and Hold Departure Orders 4. Right to information, 1. Scope and Limitations : 2: Publication of Lawes and Regulations. Right of Association. . Eminent Domain 1. Expropriation by Locai Government Units. 2. Concept of Public Use. 3. Just Compensation Non-impairment of contracts Free Access to Courts and Adequate Legal Assistance, >. Custodial Investigation Rights... Rights of the Accused. Right tothe Speedy Disposition of Cases. Right Against Solfincrimination... Right Against Double Jeopardy. Involuntary Servitude eae Right Against Excessive Fines, and Cruel and inhuman Punishments 446 Non-Imprisonment for Debts, nar Ex post facto law and Bills of Attainder. XS [ATENEO CENTRAL ‘BAR OPERATIONS 2079 the determination ofthe presence of he endtion or he law to take effect + Rabonale: 2 Ineeasing complexity of th ask of goverment 12 Lack of tecrical compolonca on the part of [Gongress. 10 provide for specie. detals of Iinplamertaion © Adrinistative agoncis may fl up dota f the ‘atte orinpleresiaion ‘© Legislature may. pas8.“contingant lagiation whion leaves to arothor body the business of ascertaining fects necessary to bing te aw into actos (ABAKADA v. Ennio, GR. No. 108056, 2008). + there was 2 vad delegation, adninisvative res and equations are jst binding os # was writen in he ‘aw. 1+ Admiitative agencies may notssue regulations tht ‘entavene the law (Sacter General v. Moto Manta ‘Autonty, G.R No. 102782, 1997) nox may hey 3810 ‘he standards st by aw Tatadv Secretary of nora, GR no 124960, 1997) ‘+ Aminsatve rules and regulations may be pon in ative rosie tet 1D such awison & made acme bythe delegating ‘ow 1 pera of such is proved inthe statutes (the regulaton 2 publaned, + Powars of Congress wich are nolo be delogatad xo ‘hose that are sty or nhorenty logisave, Purely legisiave powers the eutheiy to make @ compte ‘a - complot a tthe tine it shal tke efact oo ‘whom i shall be appleable and to determine me ‘expeciency ofthe onacinert Delogation to the President + Congress may dlogate tariff powers to tho Presidont (© Secton 252) auhorzes Congress to delegate ower to aif aes, import and expert quotas, tomage, wharoge dies, and other dues and ‘Ast Vi, Sec 22) auther2es Congress to gle ne President he power necessary and proper to cary outa odared natonal ply in ines of war or ohor natal emergency pursuant au. POLITICAL LAW ‘esto Vaid Delegation 4. Completeness Test — The law must state te pokey that muse cared outcrimplemertod and eavenoroom forthe dologate to lgisate; nor alow discretion on thir arto say what he fw is; tore most bo nothing Io for the deogate oo but o enforce the aw, 2 Suffelency of Standard — The is are suceny “terminate an deteminabie to whies te delegate must tanformin the peormance of is ations Examples: Pubic interest (People v. Rosenthal, GR. Nos. (40076 ‘and L-45077, 1929, Fair and equtable_ employment practices (Easiom ‘Shipping Lines v. POEA, supra) |ustoe and equity puble convenience and welare Sirpliy, esanony, and efclancy. Note: Standards maybe exresco or implied rom he aw taken ‘asa hole (Eds v. Erica, GR. No. L-32086, 1970) They an aven be gathered incor sitts of ha same sujoct mater (Chonphin v Orbos, GR. No, 96754, 1996) ‘A tow towing 2 judge 10 fic punishment of imprisonment ini discretion without any designates tits Isla (Poop v. Decuyoy, 6. No -48127, 1989). Secton 8 of PO 910 regarding the Melampaya funds provides: “al foes, revenues. and receipt..under the Petoleum Act of 1948, 25 well a5 the government shore.-" Required bythe cocunly of stat, ox pubic tres, ‘and > Whan the Present so sats in wig ‘The Permissible Powers of Congressional Oversight Scuiny based primaily on Congress’ power of appropriation end the pudget Hesings conducied in ‘connection wi ts power to ask heads of departments 1 appesr before and be heard by athe of fs Houses on ‘any ator porting oer Separiments and its power oF ‘contmaton; and Investnaton and montoring of tho Implsmentaion of ws pursuant ote power of Congress 1 conduct snquies in ai of legislation (Belgica 1 Ochoa G2. No 208568, 2019), ‘A bie power, the review of Implemening nies and regulations, s_unconsitudonal” Any provision that ‘empowers Congress or any of ts members play any ole Inthe implementation or enforcement ofthe iw vltes separation of powers. ‘Tere is no such thing 26 2 ‘question hour in the CConsttuon (isa paflamentary concept and pracica) “The. lstnaton in legilatve ‘hearings le ‘between investigative faction and oversight fanbon, “Tne mare ng of cininal or an aéminsvatve complant before 2 cout or a quasijuiial body should ot ‘automaticaly Bor the conduct of legalatve ivestgaton ‘Tho exercise of eovereignlegisatve authority, of which th powor of legato Ini Is an essential component, ‘Cannat de made. sibonste to a. ciminal of an ‘2dminsratveinvesigalon (Slenderd Chertered ¥ ‘Sonat, GR. No, 167173, 2007). tis inounbert upon the Sonate fo pubsh th utes forts legislate ingles in eech Congress or athens make the published rules clearly siato tat We same shal bo Page 3 of 320 c c Cc ig c Cc G) Cc Cc Cc Cc Cc Cc Cc oO ° e) c Cc c Cc Cc c Cc C Cc ic c arananannannnonnnn0o90g0nn0o0nnga9n9n9mdnN00 ATENEO CENTRAL BAR OPERATIONS 2018 ‘sais sabsaquent Congresses OF nil Tay ae mended or rapeaed to eulenty put the publ on rote was the ietention ofthe Senate fr resent rules on logisisive nqos tobe eect even inthe next (Congress itcou have easly adopted he same language IW had used in is main rules regarting_efectvy Publication n te item doesnot saith requirement ‘of pletion as provided in the Constitution (Garailono Houso of Represonisnve, GI. Na. 17038, 2008), ‘Violation of intel procedures of Senate cannot, 26 2 ‘eneral la, be subject odes superision ance "Each ove shall termine the rubs offs proceedings” The ‘xcapons ar won thera is arbirary and improvcent es ‘of power, which ultimately denies due process (Dela Paz \. Senate, GR. No, 184849, 2009) ‘Question Hour vs. Legisative Investigation Secions 21 and 22, whlo” closely related and ‘complementary to each other, should not be considered 3s pertaining tothe same power of Congres, One spcticaly foltes 20 We power to conduct Igual of Iegsaton th aim of wrich ste ft ifermaton that may bo used for lagslatin, while the oer porns to tho power to conduct question tou, the cbjtve of which is {o obtain information in pursut of Congres oversight ‘ction Section 22, in keeping withthe separation of powers, ‘sates tat Congress may ony request he appearence. Nonensfss, wen bo nuiy a whieh Congress requires the appearances nai of egislaton’ under Secon 21, ‘th appearance is mandatory (Senate v. Ermita, A. No. 160777, 2008). "QUESTION Les. HOUR (Sec. 22, | invesTIGATION Article vy | (Sec. 21, Article Vp wo may | Only depareent | Any person appear [hoods ine [Ewebomy [Ente podoris onus eames ator risa | Any mattorn aid ot subie | thedopariment | igistation Sutect —oniyasan verise of Pupose | Congrese" ovrigt anton POLITICAL LAW Rate [Discretionary [Compulsory Frneads of |(1 restart Jeepanmerts of —|(2) Supreme Count fheexocuive | sustoas Brancvotite _— |(3) Mombers oft Jeoverment shat [AFP i provered by Exempted secure |thePresidont asthe Pereonsconsentofine | Conmandersn-Cne| President porto |(Gudenv. Senge, appearing botere | 2006) eiter House of Congress 20, 64, Sec. 1) (1) Execute pvege whin must be evokes by the President hens or ough he Execctve Sovetary by Exerpied | autorty of he President (Senate nto Ext, 2008) 2) Pivioges information, 9, natonl sefense,ciplmate, mtr saces. (6) igh agent saincsrtnation Invocation of Executive Privilege Unter Arie Vi Section. 22, the appearance of Death, permanent desi, removal fom cfc ‘of resignation of both Present ane Page39 0320 [ATENEO CENTRAL {BAR OPERATIONS 2018 ‘Vacancies oscar mave an 18 onthe Boars ‘te nent regular presidental elecen: and & Alaw passed by Congress catingtor aspect! ‘ooton to. elect a President and Vico Present tobe held nt ear than 4S aye not later 60 days fom the time of such at (CONST. an vit Se.10) Congress as Canvassing Board ‘Tha procamation of president and vice presidental winners isa fincion of Congress and rot of the COWELEC (Mecaini! v COMELEC, GR No. 157013, stine 10,2003) ‘SC asthe Presidential Electoral Tibunal (PET) ‘The SC, sing en bane, chal be the sole judge of al contest eating otha elocion retume ana qulfictons ofthe Presiden or Vie Present, and may promulgates ‘ul forthe purpse. (Macaliav PET, GR No, 191618, November 23, 2010) Belore they enter on the execution of their office, he Present, ioe President or the Acting President sha take the oath ralemation (CONST. A Vl, Soe6) DISQUALIFICATIONS Disqualification: suBvect | SOURCE OF DISQUALIFICATION President | PROHBITED FROM Holding any ofce or employnant VicePrescant | okring te tonure Exceptions Cobinet ‘+ Otherwise provided in the Members CConsiuton,” (ea, Vico President appointed a5 a Depatos rmamber ofthe Cabinot, Acitants of Secretary of Justice sis as an Cabinet fexcoffia member on Jal Merbers fnd Ber Coun) ‘+ The positions sre exotic and they donot receive any aly oF oer emoluments thersfor (09, Sec. of France iehead of Monetary Beard) Practicing, drecly or edict, any ober profession cing thle POLITICAL LAW i. Paripatingin any business IN. Being franca tres in any tent wth, oF any tranche, ‘or spoil prvioge grant bythe {goverment ar any subdsion, ‘gency of srumenaiy tarot, inauang “GOCCS or tox dla. (At Vi, Soe 19) [Spouses ead | Cannot be appointed daring Jatrdegiee | prosidnts enue os: ftawves ofthe". Member of the Contufona President Commisiona (consanguinty | 2, Offee ofthe Ombudsman Joratizy) | 3. Doparment Secretaries 5. Chaman or heads of bureaus or fees inti GOCCS and he ‘ubsiree, Ie spouse ete, was aady in any one above offen beara it het | seauso became Preatdot, a! she | may contrue in offce. Whatis| prohibieds sppoiniment end ofce. Spouses, ote, canbe appoinios tothe jury ard as ambassadors and “Toe Chin Presiontal Legal Couneol(CPLC) has the duty cf giving iedapendent and Impartal legal advice on the ‘clos on heads of various exerusive depaiments and ‘9encios an to review investigations ivehing noods of ‘executive depariments ond agencies, a2 wal ae ober Presconal apoinaos. ‘The POOG Is charged wih the responsibilty, under the Presiden, of ecovenngil-gten wealth. The oes ofthe OGG and CPLC are incompatible. Wahout question, he OSG i an agency under tho Excoitve Department “Thus, te astone ofthe POSS Chavman ore subject tothe evi of te CPLC (Pubte Interest Group v. Elna, GR ‘No. 738965, 2006) Page 40 of $20 a9 990 a9000000 ° oO ncoane ocee oecnaonancnnGoaon0nn09090g00c0GC0nnINNAIND ATENEO CENTRAL BAR OPERATIONS 2058 ‘Exception to the prohioiion on tho President and hlsher official famly ftom holding aay other office oF employment ITfty dogree rlatves are already in offce when 2 Present assumes fie, the relatives are nol hery ‘usted from that postions. What i ponbied |G fppoiniment or reappoiniment and. not Uninleuped ‘continuance in ofes Inhibitions Noincrease salaries unl ater theexpraton af te tem ‘of the Incumbent dung which such increase. was 2pproved (Se. 6 ‘Shall nol, dung tenure, det o inet, practi any cotter profession, paricpate In ery business, of be fnaneialy interested in any contact wit, oF 9. any ‘ranchise, or special pvdege raed by the Goverment any subdhision, ageney or insrumentaty thereof, ‘eluding GOCCs or tor subsidiaries (Soe. 19) ‘Shall pet roceiva any etter emoluments fom me (govemment or any ofter source (CONST. Art. Vl, Se6) ‘Shall vod confit of oret in canduct of ofa (Sea. 13). Priiages 4 Presidential immunity immunity tom suite pereonat to tho Procident and may bo invoked by him alone. The Prosiont may wave ft Impledy, as when he Himself fos aut (Solven v Motssior GR No. 8257, 1900, ‘Te presiéental immunity fom sul remains preserved Under our systam of goverment, abet not expressly reserved inthe present conabiuton (Pubic, oa v (Glia Macspegah servo, otal, GR. No. 189071, 2010). LUriawul acts of public oficial ae not ats of State nd Ihe ofcer wh acs gat isnot acing as such but stands in the same footing os any ober taepesser. Once ut of fie, sven Dla the end ofthe six year tr, munity for norefflal acts is lost (Esvada v. Dasiorto, GR. No, 19671016, 2001 Even ifthe DECS Secretary is an alter ogo of the Present, the Presidents irmmuity from sul eammot be Invoked because the questioned acts are not tho acts of the President but meal thase of @ Deparment Secretary (Gloria v. CA, 6.8. No, 119908, 2000), Duration of President! Immunity ‘ltr his tenure, the Chie! Exeosive cannot invoke Immunity fem sit for vil damagos arising out of acts ‘one by Fi whie be was President which were nat POLITICAL LAW Pavonnad hho wraraaa f aia Giles, arate v Desoto, GR No. 148710, Merch 2, 2001) |A deperimest secretary, even an aller ego of the Presiden, cannot invoke presidential inmunty in 2 case ‘led against him because the quesloned ats are not the ‘acts othe President (Gioia CA, GR NO. 179908, August 15, 2000) 2, Presidential Privilege Executive Privloge 1s the power of the President to \winld corn types of information fom fhe cout, the Congress, and te puble. (Neri x, Sonate, GR. No. 180848, 2008), For the presidential communications privilege to apply the following must concur Communications rela to & “quintessential and non \lagable power” ofthe President (2.9. the power fo ‘enter to an eteculve agreement wih other counties \wthout fe concurence of he Legiature has vaiorlly ‘been recognize in Piipineursprudence) CConmarications ae “received” by a close schior of the resident Under the “operational, proximity” test, ‘Secretary Ner of NEDA canbe coridereda cose advisor, benge monte of Presidon Araye's cabinet. “Theis no adequate showing ofa compeling need that woud jutiy the lnaton of the prvlege and ofthe ‘unavalaity of the inermaton “escwhore. by 2 ‘ppropitsivestigaing autho ‘Scope of Executive Privilege Execuve prvlego covers all confidential or clasifed Information batwoon the Presiden and tne pubic fico covered by this execute over, incucing ‘8 Conversations and corespondence beween the President and the public ofcial covered by ths ‘@ecutve oder (Chavor v Publ Estates Auta} bi, Mitary, Splomate and other national securty matios ‘ation Inthe intrest of national secur shoud not be ‘ied, Infomation betwsen intr governmertagoncios ioe {othe conduson of rasta and exacaveeprermens Chavez v.POGG, GAR. No. 1507%6, 1096): «, Disossion in close door Cabinet mectings (Chavez OGG, GR. No. 10716, 198), 6. ‘Mattrsafcing national socurty and public order (Chaves v. Pubbe Estas Authority, GR. Ne. 135250, 7002} age at of 320 [ATENEO CENTRAL, BAR OPERATIONS 2010 POLITICAL LAW ‘Berson covered by the Palage ____Dovance botweon Presidential Communications ‘The porson coverod by tne exacuvo pivego saperson Privilege and Deliberative Procoss Privilege ln possession of information wich nthe judgrent of maar (ha head of fee conoomed, privioges conimadentiel | Deliberative process, ‘onloge ‘plage Operational Proximity Not every person who pays olan tha development of | Paina io cludes eave opinions, prskental war, roma how ramet a romowed [corneas |recrirandeong ad | fom the Presier, can ually fr be privlege. The |eeumenscraber | delbortons compre -ptloge shoul appy only comsrunicatonsauhored or fokctod ad received by those marr of an inmodats Whe nouse aaa’ staf who have bxoed and sigiican respensibnty for invesigaton and fomuaig of he ‘hea fo be ven the President en the particular mator'o ‘which the ‘communications relalo (Neri v.” Senata Ganmitee, GA. No. 180648, 2008 cing tn re: Sealed, ia 86-3124, 121F.95 725,326 US. Ap. D.C. 276, 1897, Prosiontl communications are presumgtvelypriioged ‘and such presumption can be overcome only By mere honing of puble need by the branch seclang acess to conversations. The oversight incton of Congress maybe {acti by compulsory posses ONLY tothe extant hat IU performed in pus oflogsaton” (Norv. Senate, GR No 180642, 2008). mile the Sal text of the JPEPA may not be Kept perpetually confidential - since there should be “ame ‘pportniy for dseuason bole a treaty approved ho ‘fers exchanged by te pares dung the negations onthe. to be prvleged ven afl the JPEPA is publishes, Dplomate negotiations pivege bears a cose ‘semblance t the celoorive process and president Ccommureatons’ rulege. Coat, he pvioge sozorsee {oddplomateneqatision felons a ogi consequence ‘fom the pridogod charactor of te detmerave process {Akbeyan v, Aquino, GR. No. 170516, 2008), nen To Apply Executive Privilege: Must fa within one ofthe sbve, ‘Must be" staled wth sufficlent particularity so the CCengress oF Cau ean determine te legitimacy of he clam oF pegs Exception to Executive Privilege: ‘The Presents generaizad assorion of priloge must Yjeld othe demonstated,spoate need tof evidence In @ ending criminal vis. (US. v. Mkon, 478 U.S. 683 1974). Execute prvioge cannot be used to conceal a cris ora possible wrongdoing. Thus, the specticneed for evence Ina pending criminal tal cutee the. President's (overated interest in confidently (Nev. Emi, CR Io. 169777, 2008) presitental decision |govermenial decisuns and aking anc deliberations | polis are formulaic [Appies to decision. | Aopes to deision raking ofthe President |ofoxccuvo otic (ane seta) Rooted ine [Based on common law conettuonal princi of |prvioge Separation of Powers Roques: Roquistes: TK mist involve a] 1 Pradecisional — at quitessental” and] " procedes, in temporal omesegable power] Sequence, the dean | ‘ofthe Presidons fontion trlsos 2. Operational prximty | 2. Deliberative ~ rofocs| E merely based on] would discourage ‘and ecusion win 1 The Corsten prowdos tate executive power shat be vested in he Present ofthe Phiipines" However, does ret caine what ismeantby execubve power alicush In the same ariel touches on the exercise of corn powers by tv President, io, the power of eto vera ‘bcecutve departments, bureaus aa oles the power to ‘execute the tas, the appointing poner, the powers under the commandrinvctie! cause, tho power 10 grant reproves,commudations and pardons, te power to grant ‘smrenty with tha concurence of Congres, the power to ‘contactor guarantee foreign eens, the power tantra treaties or intational agreements, te power o seit te budget to Congress, and the power lo sdcress Congress Page 42 of 320 annnrnecannrananananonnAnAADAAANAANAADAADA 99 9000nnnangannnnnDn aneannnnannngnannnon ATENEO CENTRAL ‘Tha Presents Execave power are po aed To RS tet forn in the Consituton. The President hae residual powers 22 the Chief Exacutve of the county, wich Feowersichuse oters net sot fon in the Conetston (Marcos v Mangiopus, GR No. 68211, 1989, Power of Administrative Reorgenizaton the national government, which Includes the power to oup, console bureass and agencies, to abolish tis, To transier tnetons, to cteale and classy funclons, eaniess and ects and to stencardize salaios anc materia, effected ir good fh ana for he purpose of economy of make the. Bureaucracy mare ficient. (MEWAP v Execuve Secretary, GR Wo 160089, shay 31,2007) Falthful Execution Clause Uni and unis a law fe declared unconstiutena, the President hoe a duly to exerute it regarsess of his doubis asta vay, 2. Powor of Appointment (a) In guneral Nature of the Power to Appoint Executive in atire; whe Congress (andthe Consion in cortan eases) may provarbe the quaifictons fr Parker offecs, the determination of whe ameng tose \who a/@_quaifod wil bo appointed isthe Presents prerogative. In cas of acanoyn an fee opi by anaes 050 of the Present, euth as he office ofa department screay, the Presiden must necessarly appoint an alr ego of her choice as acing secretary bolore he permanent apeinoe of her choloe could assume off. Congress, ough law, cannot impose on the President the obligation to appcint automaticaly tre undoresreary as er tmporary ‘ater 690. An ater ogo, whotbrtempaary ce permanent hole a postion of great ust and confdence, Congress Inthe gulse of presctbing qualifications oan afice,canrct Impose on the Presid ho her aierog0 should be (Pimonttv. Emit, Gi No 16497, 2005) May the President appoint an individual as acting Solletor General and acting Secretary of Justice? ‘The Preiéent ray not appolat an aids 98 seting Solictor General and acing. Secretary of Juice 8 ‘onourent eapaciy. The designation af Abra Agee 23 ‘cing Secretary of Jusesconcurety wih his poston Solctor General is in voiaton of the conetional prohbiten under Arle VI Section 13 sof na moment POLITICAL LAW Tat te doagraton was Fa Wanporary capac Ts CConsttuton makes no reference Yo the nature of the Sesignaton Funa Agr, GR. No. 191866, 2013, ‘Kinds of Presidente Appointments under Se.15, ‘2. Appointments made by an acting president . Midright appoint —agpariment made by a Prosidant er tho election oft successor and upto the nd of Ns tar. Thi type of applnement spotted bythe ‘Consititin, Appointments for Parisan Politics! Consideration Those made 2 mente belore the rex Preise clacton Thee pronbited bythe Canton, 2 Regular preston appointments, with or without confratonby the Ganmisionon Appointments, ard ‘Tees or'adntae’ eppantments, Roquistes for Valid Appointment ‘Aoi spall and evidence of ts exrcse “Transmit ofthe appointment ad prot of; Vacant pation athe ime o pacinment and RReowipt of the appainiment and ite acceptance by the ‘sppaince, who possesses al bo qualiicatone and none tthe dsquaicatons.(Vatcaris Goal v. OP, G.R. No. 208572, 20185}. Exceptions to Midnight Appointments Requisite: 11 Bs ncessary to make such appointment 2. Oni temporary appotments can be exended 3. Agponiments only inthe. Executive. Dopartirant (CONST. Ave, Se. 18) ‘The Court held that the nie does nat apply 12 sppoiviments made Fa the Suprema Court. {De Casto v. IBC, GA No. 191002, Apa 20, 2010) ‘Adsnterin Appointments (SEC. 16) ‘when Congress i in recess, the President may stil _appait offers to posionscubjct to CA confmaton. ‘These appiniments ace effective immediately, but are cnlyetetve unt they aro approved by te CA or unt the net acjoumment a Congress. ‘Ropes ony to postions requing confimaton of CA ‘Ropoitments fo an ofes In an “acing apacty are NOT adintertm in nature and need no CA epprov “Tho assuion ofofce en tho basis of the a ini ppeinimers laud ay te President coos not arurt fo ‘temporary applntrent which promitedby§ 12) At Dec. An ad interim appeiniment is 2 permanent ‘sppoiniment because takes stort meletely and can ro. longer be witrawn by the Preaident once the Sppcinee hae qualfed ita offen, (Matibag v Benipayo GR No. 149008, 2002) Pages of 320, ATENEO CENTRAL POLITICAL LAW nate an ad interim appointment? ‘An Interim appoiriment is @ permanent appointment tines oltre nceated. ls an sppantment made by the President while Congress is NOT in sasson or curing How Adsnterim Appointments Terminated ‘2. Dapproval othe appointment bythe CA 1b. Adjournment bythe Congress wihout the CA acing on ‘ne apport (NACHURA) Dilference between Disapproval and By-Passed ‘Appointments ‘APPOINTMENTS DISAPPROVED ‘BYPASSED APPOINTMENTS. nen tha Commission] When an ad-atonm positon approves an ad intorm| isby passed because flack opoinment, thal of tna er fee ot the appolntce can no longer] Commission 10. organize, be extensed "a new] thers eno nal decison yet Appointment, inasmucn| Absont such. decision, tho| ‘5 the disapproval is a] Prosdont le fra to renaw fina! decision. inte] he adsnteinsppoitnent Comimsson’s checking power on ta| appinimentautorty of the President Appointments By An Acting President (ec. 14) ‘These shail romain eeclve unless revoked by the lected President within 90 days om his assimoson ro-assumption oes. ‘The power of the sucaseding President to revoke appointments made by the Acting Preise: refes ory 10 ‘ppoinimens in the Execve Department (De Casto ¥. 16, GR. No, 191002 2010, ‘The Constitutional Limitations on the President's appoiating power The President may not appoint ister spouse and relatives by consangunty oF aft within tho 4" chi ogre a mombers of he Constutonel Commiasons Onbeseran Department Secretaries Underasorstares en and heads of Bureaus and Offices [GOCCs (PHIL CONST. art Vl § 13) “ppontmanis ewisnded by on scing Present remain elective unless revcked by the elected Presi ‘within 90 cays som assumption of office (PHL. CONST. art Vi,§ 14) “Two menihs inmodalsly bof the next presidental lactone and up othe end of ihe em, a President or ‘acing Pressont svat not make appointments excapt temperany sopoitments 10 exsoutve postions. when continued vacarcis therein wil ajudce public service or ‘endanger publ safety (PHIL CONST. art VI § 15) (©) Commission on Appolatments confirmation Rogular Appointments Requling Consent of CA The folowing ay be apoio by the president, subject to-apprval by tna Canmission en Appiniments (CA = Heads of executive deparinents ‘Ambassadors, consuls, and otor pub ministrs Ofer of AFP fromthe fn of clonal or naval captain Cher ofcars whove appointment fs vestes In rim by the Contin, such as aien and members ofthe COMELEC, COA, and se. > Regular mambers of he IBC. 3 The Onbuduman anc is depos > Sectoral rpeeeentaivs in Congress, a provided in Teanatory Provision (600 18. ‘Appointments With Prior Recommendation Or Nomination By The JBC Members of he SC and jugs of the lower cous; hese appotments donot need CA contmaton (Phd Cons, at vil § 9. ‘Ombudsman end his Deputies (Pal Const. aX, § 9 Regular Appointments Without Need OF CA Confimation ‘Al cihor aces whose appsntrants ar rt otherwise provided for by aw andthose whom he may be Suthers by law o apc do nt rie CA ‘onfmation. Thisintdes te Charman and members of ‘Be Commission on Hunan Righis (CHR), whose ppeiniments are provided for bylaw, 2nd NOT by he Const. (See: 76) Congress may, bylaw, vestin the President alone rn ‘he courts, on the heads of ceparmris, agence, boards or commission the appointment of ether ofcors ower inrank than thosa mentioned above. (Ss. 16) However, Congress cana, bylaw, coqura CA contmation afte applntment of ter oflors or ofc eats subeaquont othe 1987 Consituion Page 44 o 20 99090000 aono000n0nananaanns oc coo oeoco anc anennrnanerannagnanannndoon0n90—0ggNaAAAAAND ATENEO CENTRAL BAR OPERATIONS 2018, (Cattorenv- Corse, GF Na 07635, WIA. ag RRS Commissioners, Bangko Sentral Governor. PROCEDURE WHEN CA CONFIRMATION NEEDED: 1. Nominaton by President 2. Confirmation by CA 3 Appointment by President 4. Aczoptancaby epsontoe. ‘+ Atany tne bso al fou steps have been ‘complied wh, he President Gan witcow the nomination oF apporimont Procedure When No CA Confirmation Neede 4. Appointment 2 Acceplance ‘Once appointee acces, President can no longer wtharaw the ppeintmont {6) Micnight Appointments ‘General Rule: Two (2) month inmasataly before the ‘net Presidenia elections and upto the ne offs term, ‘he Prescot or Acting President shall not make _=ppainiments. This sto prevent he practice of making “midrght apporiments Exception: Ternporary apoiniments to executive positon conned vaeanies wl preacioe uc ‘ser or endanger pubic ety ‘+ Prion does ct extend to appoinimens In the ‘Supine Court Had the fam inianded to extend tha prenblion to the appolament af Members of ee ‘Supreme Cou they ould have exleiy done 20. The ‘Stohitons conned to appointments in tne Exec Deparment Eisience of the JBC also proverss possible abuses in appointment (De Caste v JBC, GA. No. 191002, Apr 20, 2010, cvertumed (in: ‘Appoiniet of Valnzuel, AM 96-0501 SC, 1958). ‘+ There is no law that prohibits local ezcve offal ‘rom making appciniments sing telat days of his forher enue, Prefstion ely applies te appoints Dy the President (De sama v. CAG. No. 197798, 2009) + the Presson is not satis withthe et subi by the JBC, ha may ask for nether is. But once he ppeiriment is issued by the Present and accepted by the nominee, neads no thr cantmation + Preside may ppott SC Jusice witin 60 days por toelecson. Atle Vl dels ently wih the exsostve ‘parent wie AccleVil Sele with the judy. Has the framere inlended to extend the 60-day pronbilon contained in Seaton 15, Ate Vl i te POLITICAL LAW “aaparimant of Members othe Someme Cour Tey ‘ould have explily done 6 Tat such specication ‘was nt dove ony foveas that te prohion against the President or Acting Presiden meng appeals winin bo. manthe.bolore tho nox presidonit ‘lection and up o the end ofthe Presidents or Aci Presidents tom does rt oferta the Members of the ‘Supreme Cou. The usage ln Secon (1), Arce Vil fhe word chal ~ an imperative, operating to impose 2 cuty thet may be enforced ~ should nol be dsrogared, 1+ The framers did not need fo extend the prohibition ‘gaint mcnightappoinenens to apocinimets inthe “ludiy, because the establishment ofthe JBC and “subjecting the rominaton and sreering of cancates ‘or jal postions the unhured and deerste ‘ror roca ofthe JBC ensured that there would no {enger be midnight appainiment to he dey. JSC ‘ntrvenon efmnats the danger hat appotimenis io ‘he Judiciary ean be mage forthe purpose of buying ote na coming pester lection, a of satin porisancorsierations, The creation of Pe JBC was Drecisay Iniended to de-poktiozs the Judy by ‘Going avy wie rtervenion othe Commision on ‘Appartments (De Casto v. JBC, GI. No. 191002, 2010), Power of Removal ‘General Rule: The express power of appolament of the resident hes the corotary implied power of removal Honee, he Presden may romeve appoints. Exception: Appointments regina cotain methods for removal (eg. Impeachment, eppolniment of judges of Infeior couts (Ph! Const. art Vil, § 71; Gonzales It vs. (Ofc ofthe Preston of the Philippines, C.F. No. 196231, 2012). ‘The succeoding President may net reveko appininents tothe Juatsary made by an Ading President Sec, 14, At Yi refer only t0 appoiniments in the Executive Deparment. it has co applcaten to appciniments nthe lui because temperary or acing appointments can ‘only undermine the juin due to ther being revocable Stir fo thal mandatory relarent of resignation, judges of he stor second Tevet courts and the Justoos Cth taavel cours may oly beer or csuse, bu the members ofthe Suprerne Cour may be removed only by impoociment (De Casto v JBC, GR. No, 191002, 2010) Page 45 0320 [ATENEO CENTRAL ‘BAR OPERATIONS 2049 ‘The Prontont cannel dames the Dapuly Ombudsman becouse It wil undermine the Independence of te ‘Ombudsman. However, the same re does not apply 10 the special prosseutor, which can be domssed by the President, (Gonzales v OP, GR No. 208972, 2014) Disciplinary Powers ‘The poWo the Present to iscpine oficers flows rom the poweto appoint te offer, and NOT fom the power of conto White the Prosient may remove tom offoe bose who are not ented to secu af tenure, o those ofcers wh no fl trms, such a Department Heads, te ofcor, and fmployees etitod ‘0 sacuy of tenure cannot be Suramar removed frm fs, Power of Controt The power ef an ofa ator, modify, e st asd what “subornataoffar has done inthe performance of ha ‘utes, ano subsite th judgment ote ocr kx at of his subordinate ‘The Prosdonts power of contol is a sol-exectng provision. The Incumbant President Te ree to amend, fescind a macy ary postal agreements entered ito bythe provous reson (Ocampo. Enngues, GF. No. 225973, 2016). “The appeal om the deco of Department Secretary to the President can be reticed due to the Presidents ‘power of contol lay belied executive rder fhe resin tw proving ors review, and are of ‘roca promulgated bythe Supreme Court. (Angeles Gate, GR No. 168276, 2000), Power of Supervision ‘The power of syprcrofcer to ensure that fhe laws re ‘aithuty executed by subordinates. ‘The power of supervision does not include the power of contol: ut the power of cont necessary includes he ower of supa, ‘The Presidents power over GOCCs comes nat fom the Constitution but em sai, Hence, may simiary be taken away by state. For Administrative Prosedings decisions of Deparment ‘Secretaries nood nt be epposted oe President in erdor ‘comply wih the requlemeet of exhaustion of amistraive ees. POLITICAL LAW “The exacts ov an OBLIGATION othe Prosdon, He cannot suspend the operation of avs. {@) Doctrine f Qualified Poitial Agency or Alter Ego Principle ‘QUALIFIED POLITICAL AGENCY - Acts of department heads. ot, permed and promulgated inthe regular course of business, are. presumplvey acts of the President Excoptons: Ie act are csapproved or reprobate by the President. Ife Presidents Consttuton (29.1 (©) Bxocutive Departments and Offices ‘The Presidant may, by execuve or administrative onder, rect the recrgrizaton of government ents unde the Execisve Depariment. Solon 17, Azo Vl ofthe 1967 CGonstsion, desrly sais: “The Presient shall have cont of al executive depariment, bureaus and otces* ‘The Administrative Code alco grants te Present the power to veorganize the Offee of the President In Fecogniton ofthe recuring need of every President to ‘eorganie nis har fen to achieve spl canamy ‘and atcency” (Tondo Modal v, Cou of Appeats, GR. ‘No. 167304, 2007, “The President may tansfer any agency under the Otico of th Present to any ahar department er agency, subject {othe policy he ExeculveOtfes and in orca to achieve simpy, economy and efcioney (Anak Mindanao ¥. Executive Seereiary, GR. No. 155082, 2007) “The creation ofthe Truth Cormisson does natal within the President's power to reorganize. fows fom the fatuhesecuton clase ofthe Consiuten under Article Vil, Seaon 17 merea One ofthe recognized powers of the Prosdont is te powor to create ad hoe omens. ‘This ows from the need to ascertain fata and determine laws have been tally erected or guide te Presient in pertorming Ws dues relative to the execuion and fnforcoment of lave, ‘The Truth Commission wil not Supplant the Ombucsian othe Deparment of sce oF tree thei respective powers. Tho ivestpatve function ‘fhe Commission ill ongiement hos of he two ofices (Biraogo v. The Philppine Tath Commission of 2010 / FRop. EdcelC. Legman, etal. Exon. Se Pagal N. Page 46 of 320 Cc Cc Cc c Cc ( c oo0o000nnag00¢ Cc Cc Co c Cc ° ananoocn ancanncannngnnnnaono9dgoqgn0aqagnanAaan9AAASD [ATENEO CENTRAL BAR OPERATIONS 2019, Oehoa, Tota, OR No Toma @ GR Wo, 105, 20108 {6) Local Government Units ‘The power a the preside vec ol government unis cniy of ganeral superision. He can intere with the actons ofl executive heads oi i these are contrary ‘ole, President exerczos direct supervision over autonomous regions, provinces, and incependent lies. To focist the exten of power of general suparsion of local goverment, tne Prosdont may. merge ‘administetve regions and tester the regional center to Koronadal Cy fom Cotabato Cy (Repube v. Bay20, GR NO. 179492, 2013} MILITARYIEXTRAORDINARY POWERS, Scope (Se. 18) ‘As Comiiandorin-Chiefof the Ame Forces, whenever casey, the Present may call out the Arad Frees te: PREVENT or SUPPRESS 2. Invasion 3. Rebelion Hemay also: 1 Suspend negro of th wr of habeas corpus 2) Progaima stato of martal law Grounds For The Suspension Of Tho Priviloge OF The ‘Wir Of Habeas Corpus And Declaration OF Martial Law ‘etua, and not arly ninant Ivasion Rebelfcn: ad Pulse request fects of Suspension of Wit Procanation does ol floc the right bal 2. Sutsenton opine en pererm acing charges of ‘ballon or efenses intent ino deely corected \wthivasion, 3, Persons arrested must be chagud within 3 ys, not ‘they must be rewased; and 4. Prodamaton does pt supsreede clan aut "Notte ran ales anon nthe Tt Conmsion was ne tran tofcur ov ade under As sanaaasees POLITICAL LAW. Wiles the suspension of te plage of wit ad Te relation of mortal aw subject o usta rv, tho ‘22lal use by the President ofthe amos frees i nol “Thus, oop deptoyments amas of ara subject ote Presidents judemant an cscrotn. Liman: ‘Susperson oF posameton is effective fr nly 60 ays. 2. wn é8hours rom the detain or susprslon, the President mast submit a report in person rin wring to Congres, 3. Congress wing ent, by avo of atleasta mloriy. ‘may roveko tha same, ard the Prosicon cannot set a8ide the revocation, 4. Inthe same manner, upon the President's inate, Congress may axand ihe procemation er suspansion fora paid dolornined by Congress ‘2 Invasion orrebelon peru, and », Pubes emus (Congress CANNOT exlend the petiod motu eropo. Duty of President to report to Congress Section 18, Atle Vi, eae the President to report his ‘ectons ta Congreso, in peraon or in writing, within 40 hhoure ef such prlamaton er suspension, in tm, the Congress is require to convene witout need of a cat \wihin 24 tours flowing te Presents proclamation or ‘sepension Cleat, he Constston calor quick ston (on the art ofthe Congross. Whatever form thal ston takes, therefore, should ge the Court suflent ne 16 fits own mandate to review th factual bass ofthe proclamation or suspension itn 30 days fits issuance, (Foun v. Aoya, GR No. 180239, 2012) Sunreme Court Reviow In an appropiate proceeding fies by any size; 2. The Se may toon he sucaney othe fsa basis of the proclamation or suspension, or the ‘eension ert 3. Ts acion must bo promugstd win 20 days fom fing. In roviowing the suiconcy of the factual bsis of the ‘rocamation or suspensian, he Court considers ony he Information anc ata avait to te President pie t,o ‘tthe tne ofthe cclratin tf nat allowed "undertake ‘2 independent investigaton beyond te pleadings" On Poge 7 0320 [ATENEO CENTRAL BAR OPERATIONS 2019, ‘eater Fane, Congress may tak no consiaraion not only data -avalanie por to, Bul tkewise evens Supervening te declraton. Unie the Gour wich does ot Took int the absolute conectness of the factual bass 25 il be discussed below, Congress could probe doopor Sand fore t can deve Into the accureoy ofthe Facts resented before H. (Lagmen v. Modialiea, GR. No. 2658, 2017) Section 18, Arle Vil aot cots the paramere for otermining the suiclency ofthe factual basis for the ecaraon of marl low anclor the sussenson of the loge of the wrt of habeas corps, namely (1) aca Imasion or reblon, and (2) publ sooty requros the ‘xercice of such power” Wihout the eorcurence of he ‘Me condions, ti Presidente declan of marta aw andlor suspension ofthe prvloge ofthe wit of habeas ‘oxpus must be suck down. What the Presiden eed sais is only he standard of probable caus fr a val Geclaration of marl law and Suspension of the pevloge ofits cores.) ‘Suspend ie operaton of tho Consttion ‘Suppan! the fanctonng af the il couts or leisotive tssemples ‘Authorize confrmentofjurisicton on ritary cours over Clans where ci courts ae able to fbn ‘Atomica suspend the prvlage of tha wt of habeas cous The scope ofthe Supreme Court's power to review he dederaton of tral Law or suspension ofthe wit of habeas corpus i tied to 2 Ths powor i vested in the President by vite of Nis ofc, subject ony 1 restisions aa may be prodded by lgisition ae regards grounds for ‘eporiaion. Inthe absence of any” leglave fesircion to auhoty, the Presiéen: may exercise ths power “Tho Power l negotiato treats and ober ntemational ‘agreements, However, such Westy “o teratonal ‘agreement shail be transmits tthe Senate, wh the folowing options: "Approve iby 2 maorty ve > Disapprovelt eutight 3 Approve. condonaly, wth suggested ‘Srendmonts If renagotaied and the” Senete's Suggestions are incorporated. the rely goes 0 let witout need of ater Sente approval Page 50 of 320 c c c c c c 00900 a0 so0CODO acancaocancano an00 O9NgnanAnAnaAD aannnnnannngnnoa009 ATENEO CENTRAL [BAR OPERATIONS 2019, ‘OTE: wie a ealy is ronepataiog area yarno treaty. EXECUTIVE AGREEMENTS Executive agreements ara conchae to adjust the cet of a eat. eg, EDCA as 0 VER Pursuart er upon confematon by an ack of te Logistature oF in he exeroze of the Presents independent pomers Under the Consist, “The Presdont may ener into an exceutve agreement on focsign mitary bases, troops a fois oly tthe ‘execute agreement is rot the inerumant that alows the presence of foetn itary bases, reops or facies: ce morly aims implement an exetng law or tea. (Sapusag Exec. See, GR No. 212026, 2016) ‘Athough municipal aw makes 2 dsincon betwoon inirnatonal agreements and exocive agreements wit the formar requiring Senate approval nc the ltr not ceding the same, unde neato aw, ther 99 Unsere an obigaion tha incretycreumvents aga pronbion ‘The President lone without the concurence ofthe ‘Senate abiogsted arealy. ASSUM@ thal he other county pat ote toa i agreeabi othe abrogation provided amples wt the Philppine Constuton, case inva the vay ofthe realy abrogation is brought 6 {he SC, keno demi the cago. Thejuredlcio of the ‘5 (ether omer courts) over a eat only wih espoct ‘e qvesions of constilonaly of valy, does not tan to the trminaonlbrogsion of a treaty (Gonzales WHechanove, GR No 21687, 1083). “Treaty v Executive Agreement”? TREATY EXECUTIVE AGREEMENT invcivespoltzaiesves, [Involve deiais carving out | national poy national potcy| | Inieatena agreements [Mare ortesstemparryin | Jots permanent kind | character | {gS Fan icra Low — Tran) POLITICAL LAW Mustbe Rolied Noneed tobe raed Rules n Case OF Conflict Setween Treaty And ‘Municipal Law, Depending On Venve Philippine court: Provided both are selFexecung, the Inter enactment wil preva be i weaty or lw, as 8 the Ines expression ofthe will! he Stato, Internationa tibunat Treaty wil aways preva A State canvot plead is municipal aw to itty noncompliance ‘wth an intratonaabigaton Exception: Vienna Convention on Law of Treats At 46 = Constitonavlation was > Manifest ~ Objective evident to. any State ‘ondvating self the mater in cordance with normal practic and in good fai F Concerned eo ener iw of fundamental Importance, ‘An“exchange of notes" is arocod ofa routine agreement {hat na many smlcos wth a privat aw corract. The ‘Sroomant conte ofthe exchenge of two document, by the represortaive of the ober Under the usual procedure, the acoptng Sito repeats th tox of the ‘fering Stato fo rece ts ascon, An exchange of nose ‘considered form of an executive agreement which becomes binding tough executive setion wou the reed of a vote by the Senate or Congress (Abaya ve ‘Edbane, Gi. Ne. 167018, 2007, ‘The Exchange of Notes betwsen Secretary Romulo ard tha US “Ambessador_ embodying e "No. Surender ‘Rereemenit regarding citzens arested under the Rome ‘Traaly is vad, An exchange of Notas is equivalent 0 an ‘executive agreement and tsa valid orm of ternational ‘2grooment. The categorization of agoemerts in East ‘See Tradirg, Is not eatin stone. Nebr har and fast, ule on wether Sonale concurorce fe needed for ‘executive agreements. (Bayan Muna. Secreary Ramu, GR No, 180698, 2057, Pogest of $20 ATENEO CENTRAL TOWERS RELATIVE TO APPROPRIATION ITEM VETO POWER on the baste of Doctrine of inappropriate Provisions - A provision tat is constutonaly inappropriate for an appropriation bil may be subjecr 1 vo even Fs naan sppeonetion oF revenue tom” Executive Impoundment - Rats! ofthe President to spend funds aready allocated by Congress for @ spec purpose. Ils, ffect, an “impounement” of the law ‘lectin euch expancire of ines ‘congrace my delegate tari powers tothe President ‘At VI, Secton 23 (2) authorizes Gongress to give the President power necessary and proper i cay outa dedered national pcy Secon 28/2) auherzo3 Congress to daiogate the power to fi ar rates. import and exper quotas, image, whariage dues and other flies end impost (See Sure) EMERGENCY POWERS canbe delegated by Congress tothe President. Malampaya and Presidential Social Fund violates the on-delogabilty of logitative power (PERLAS- BERNABE) ‘+ Malampaya fund - The phrase “and for such ‘other purposes as may be heeatio ected by the Prosdort" under Sozton 8 of PD 810 Constitutes an undue delegation of legate Powerinsofar does nol ay down a sicient Standard to adequately detamine the limits of the Prosigents auborty with raspoct to the purpose for which the Molampaya Funds may beused. (Belgica v. Hon. Ochs, 2073) *Prosdonial Social Fund -o Snance the pinty Infestucture "development pols Section 12 of Preskental bactee Nor 1968, 28 amerdod by Presidental Deco No. 1993, fr both ating th sullen standaré west n vison Bt the pipe of nonaelegsity of leit power as It gles ihe Preset tbe unlad Sereton to" determine “whieh projects are considered “party. (Belgea v. Hon Ochoa, 2013) POLITICAL LAW VETOPOWERS ‘Te President must communicate his decision to veto within 30 days rm he date of receipt terete als ‘0.600, te bil shall come low a2 he sored Tht rule eliminates the possly ofa pocket vate whereby the President si reluses to act on te bl In exeresing te veto power, heb eected and retuned th his obecns to he Hous fom which triginated. The House call anor the cece inthe Jourma and proceso reconsider (See ear commer) Pocket veto vs. tm vato Pocket Veto Rem Veto when the president is [Power of @ prestent to considrod to have ejecta | ruil er canes! spac 2b submited whim for is | prvslons of bal sual approval when Congress |o_buaget “approgratons| adjouns during the period |i, whout vetone the sivon to the present 10 ene legistave package Approve Freja il Congressional pork barat violates the President’ power to ilneeto(PERLAS-BERNABE) + The President cannot exacls hi lem voto power becouse the pupose of the lumpaum Giscretonary budget i stl _uncerian. Furthermore, cannot ba considered an tm Because on item ie delved in tho eld of ‘Sppropriatons a the portals, dots, estnct fd severable pare of the apropiaon oro the Bil (Blgca v. Hon. Ochoa, 2013) RESIDUAL POWERS The President shat exercise such other gowers ont ‘untion® vested inthe President wich are growed for ‘under the laws and which are not special enumerated ‘ove, or which are not dologatd by the President ‘ovardance ith a ‘The textual usfeaon for this undor the Constuon fs ‘toll, Sason 17 ~to ensure thatthe ave ae otly ‘ectted called he Faithful Execution Clause, ‘The power Involved Ie be Praldente resus pone to ‘rte the general wes of he peopl. Iti ounded on ‘he duty of the Prescot, as stoward ofthe people. To paraphrase Theodore Roosevel, tis not only the power at ‘he President but lo his ty odo anyting net frien Page 82 of 320 aan900 an00n a0 ooanon0nnasc FIGHT ONeN ac aognqnqnnannngannonocn9gann9an0annaAaAnAANA [ATENEO CENTRAL ‘Bye Conetaon oe laws Wa he nests Oe naan domand. is 2 power tome by the Presidents duty to preserve and defend the Contin. sto maybe ‘iwed 362 power imp in he Presizonts duty fo tk are that the laws aro falhiuly executed (Marcos v Manofopus, 6. No. 68217, 1985). -EXEGUTIVE PRIVILEGE Exccutve Prtlege Is the power of the President to witha certain types of ifornaion fom the cour, to Congress, and the pubic. (Nerv. Senate, GR. No 180643, 2008) (S00 portion of President Privilege fer mee comments) Non-Delegable Powers ofthe President CCommanderin Chie powers: ‘Appointment an romoval power, ‘The power to grant pardons and repioves; Tha uthorly to receive srbassadore ane olber public fils: and Te power to nagota rates. (Non v. Sonate, GR No 180643, 2008) 4. Borrowing Power: The Proskont may contrat or ‘uarartes foreign leans on banat of the Repu wit ‘he concutence ofthe Monetary Board, subject 16 ‘such lnaons as may be provided by aw. 2. Deportation Power 3. Power to Receive Ambassadors and other publ ‘ministers duly accredited tothe Philppines 4. Informing. Power The President shall aderese Congress atthe opening fits guar session. He may ‘ao appear tora anytime. 5. Call Congress to special session 1. Emorgoney Powers: Congress may auhorize tho roster a exercise powers necessary and prope o cary out a decared nator potcy + Condon fo the Exerete of the Present of Emergency Powers: 10 Thore must be 8 war or national emergency, {11 There must be 3 law authoring the Present to oxerese emergency powers 12. xersae must be fe a lines pod {18.Eercce must Bo necessary and proper to ‘cary ou declared national pati and ‘4. Mustbe subject o Restictons that Congress may prove. 7. Powor to Classify and Reclassify lands POLITICAL LAW ‘rect vote of he people Election rtums for President nd Vie Presint, dy ‘cated by the Board of Carvassers of each province oF ‘ly, Shot be taremited to Congress, deco 10 the Senate Present sen recsipt ofthe cerfeats of canvass, the Senate resident chal ot tr than 30 day ater the day of the ‘lecon, open al he cereaias in te proonce ofboth houses of Congres, assembled In jot publi session. “The Congress, aftr determining the authoncly and due ‘execution of the cotfesea, shall eanvass the ae ‘The arson having the highest numberof vos shal be roid otcted, Incas ofa te between 2 oF more candidates, one shal be chosen by 3 majorly of ALL the members ofboth Huson, vong onary ‘The Supreme Court an banc shall act as the sole judge cover alt contests reatng to the clcten, rotua, ahd ealifcaons ofthe President or Vioo President and may ‘romuigate ts ules forthe purpoee, Congress may élogato courting to a commie provided approves as a body (Considered at 2 nonfegisiative function of Congres, Prostamaton of President-Elect & VP-Eec sta functon (of Congress rol he COMELEC': Limitations: 1.” Salaries and emoluments ofthe President and Vice: President ea! be determined byw 2, Shall not be decreased during the tenure of the President andthe Vie President ‘3 Increasa tke eect only afer he expan of the term of the incumbent durng wich the increase was sporoved. 4 Nowthererolument rom he govertmento ey other ‘source during thee tenure ay be recived Page 33 of 320 ATENEO CENTRAL ‘Sogsession af Prestdantslect and View Present ‘lect at tho Start ofthe orm (See. 7) VACANCY ‘SUCCESSOR President-elect feo ually ortobe chosen YPloc wl be Acting Prosgent ont a Present is quaiiedchosen Presdon-elect ds r permanenty desbied VP becomes President Both President and VP- | Serate Present, orn ase elect ae ot chosen or | eta eb, Soot quail, ortoth | Speaker oft House shall [Serban booome acta Prose unt a pormonenty deabies | Presiden ora VP shal have been chosen quai Death, permanent sabi or nay of [Senate President and [Speaker ofthe House a Acting Presiont ‘Congres chal dotormin, yaw, who wl be the Raing Presient wr 3 Prosent or VP hal have uate, Succession of President and Vice-President During MisTeem (See. 3) VACANCY President dies pormanonty disabled) Ingaached orsign [Both President and VP | Senate President. or in di pormanenty deabed! [case of hie nab, impeached, or resign | Sposker ofthe Hotse shat act 2s Present ni ne Preccent or VE chal ati, SUCCESSOR “VP bocomes President for ‘he unexpired tm Death, permanent dab, or ray of Senate Prosdent ana Spook of fe House at tg President Congress sha detemine, by aw, wo wil be te ting Present unt President or VP hal ave bean elects and quate subjactto te same Fesvcions of powers and isqualiientone ae tho cg Preston POLITICAL LAW ‘Vacancy in the Offa of re Vice President (Sac8) Procedure To Fil Up Vacancy President wl nominate new VP fom among the members of ethor House of Congress, Nominge shat asume ofce upon eontimaton by mij ‘ole of ALL members of both Houses, Yobng separately (Ge fect. nominee frets his seat in Congress) Election of President and Viee President after ‘vacancy (Se.10} Procedure Congress shall convene 3 days ater he vacaey in the ‘offen oth the Preeident an he VP witout need of = ‘cal The convening of Congress cannot be sueponded, ‘thin 7 day ar convening, Congress sha enact a aw

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