VI.

EXECUTIVE DEPARTMENT

A. Qualifications, election, and term of President and Vice-President

PRESIDENT VP

QUALIFICATION

1. Natural born citizen of PH.

2. Registered voter

3. Able to read, write

4. 40yo (day of election)

5. Resident of PH for at least 10y

TERM

- Single term only (no reelection)

- including successor who served for >4y

- no reelection 2 Consecutive Terms

VOLUNTARY RENUNCIATION

Not considered interruption

ELECTION

A. Regular: 2nd Monday of May every 6y

B. Special Requisites:

1. Death, permanent disability, removal, resignation

2. Vacancies >18mo b4 next presidential election 3. Law

SECTION 2. No person may be elected Pres unless he is natural-born citizen of PH, registered voter, able
to read and write, at least 40yo on day of election, and resident of PH for at least 10y immediately
preceding such election.

S2 = QUALIFICATION OF PRES

SECTION 3. There shall be VP who shall have same qualifications and term of office and be elected with
and in same manner as Pres. He may be removed from office in same manner as Pres.
VP may be appointed as Member of Cabinet. Such appointment requires no confirmation.

S3 = VP

Par. 1 = QUALIFICATION OF VP

Par. 2 = Function of VP

a. Spare tire

b. VP may be appointed as cabinet member w/o need for confirmation

SECTION 4. Pres and VP shall be elected by direct vote of people for term of 6y which shall begin at noon
on June 13 next following day of election and shall end at noon of same date 6y thereafter. Pres shall
not be eligible for any reelection. No person who has succeeded as Pres and has served as such for more
than 4y shall be qualified for election to same office at any time.

No VP shall serve for more than 2 consecutive terms. Voluntary renunciation of office for any length of
time shall not be considered as interruption in continuity of service for full term for which he was
elected.

Unless otherwise provided by law, regular election for Pres and VP shall be held on second Monday of
May.

returns of every election for Pres and VP, duly certified by board of canvassers of each province or city,
shall be transmitted to Congress, directed to Senate President. Upon receipt of certificates of canvass,
Senate President shall, not later than 30d after day of election, open all certificates in presence of HOS
and HOR in joint public session, and Congress, upon determination of authenticity and due execution
thereof in manner provided by law, canvass votes.

person having highest number of votes shall be proclaimed elected, but in case 2 or more shall have
equal and highest number of votes, one of them shall forthwith be chosen by vote of majority of all
Members of HOS and HOR, voting separately.

Congress shall promulgate its rules for canvassing of certificates.

SC, sitting en banc, shall be sole judge of all contests relating to election, returns, and qualifications of
Pres or VP, and may promulgate its rules for purpose.

1. It cannot undertake separate and “unofficial” tabulation of result whether manually or

electronically.

Brillantes v Comelec, 2004

Q: There were 2 tabulations: by Congress and by Comelec. Pwede ba un?

A: No. Only Congress can do so.

Joint Committee = practice ng Congress to facilitate canvassing para mapadali dahil ang laki ng Congress

Lopez v. Senate, G.R. No. 163556, June 8, 2004.

Q: Can Congress make Joint Committee to determine authenticity and due execution of certificates of
canvass for Pres and VP candidates?

A: Yes, decisions and final report of Joint Committee shall still be subject to approval of joint session of
both houses of Congress, voting separately.

Pimentel v. Joint Committee, G.R. No. 163783, June 22, 2004

Q: Can Congress canvass EVEN AFTER ADJOURMMENT of regular session or does Congress need to call
for special election?

A: Congress can still canvass even after adjournment.

-Adjournment terminates legislation but not non-legislative functions of Congress such as canvassing of
votes.

-No need for call of special session.

SECTION 5. Before they enter on execution of their office, Pres, VP, or Acting Pres shall take following
oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as Pres (or VP or
Acting Pres) of PH, preserve and defend its Constitution, execute its laws, do justice to every man, and
consecrate myself to service of Nation. So help me God.” (In case of affirmation, last sentence will be
omitted.)

--
B. Privileges, inhibitions, and disqualifications

SECTION 6.

1st Sent: Pres shall have official residence.

2nd Sent: salaries of Pres and VP shall be determined by law and shall not be decreased during their
tenure.

[Sa Prohibitions ito]

3rd Sent: No increase in said compensation shall take effect until after expiration of term of incumbent
during which such increase was approved.

4th Sent: They shall not receive during their tenure any other emolument from Government or any
other source.

A. Privileges:

a. Official Residence

b. Salary

c. Presidential Immunity

d. Executive Privilege

1. Presidential immunity

(Article VII, Section 17 (1st Sentence) of the 1973 Constitution provides: “The President shall be immune
from suit during his tenure.” The immunity granted by the 1 st sentence while the President was in
office was absolute. The intent was to give the President absolute immunity even for wrongdoing
committed during his tenure. (Bernas, Philippine Political Law, 1984) Although the new Constitution has
not reproduced the explicit guarantee of presidential immunity from suit under the 1973 Constitution,
presidential immunity during tenure remains as part of the law.)

Rules on Immunity during tenure

BARQ 2018 2:

Erap immune from suit considering that acts complained of took place during his term?

A: No. He is no longer president.

Immunity is co-extensive with tenure and covers only official duties. After his tenure, Chief Executive
cannot invoke immunity from suit (for civil damages) arising out of acts done by him while he was
President which were not performed in exercise of official duties.

Reasons for Privilege:

1. Separation of powers = independence of executive from judiciary

2. Public Convenience = to be free from distraction. President demands undivided attention. (Soliven
v. Makasiar to assure the exercise of presidential duties and functions free from any hindrance or
distraction, considering that the Chief Executive is a job that, aside from requiring all of the office-
holder’s time, also demands undivided attention (Soliven v. Makasiar)

2. Presidential privilege

WALA ITO SA CODAL; Pero Implied ito sa isang Presidente due to SOP

Executive Privilege: (ExP)

Briefly and in simplest terms, it is the power of the President to withhold certain types of information
from the public, from the courts, and from Congress.

A. Def = Right of Pres and Dept Heads to withhold information from Congress/Court/People.

-Basis: SOP

–Similar to:

1. Congress’ Executive session

2. Judicial Privilege

-It is exemption to Right to Information

-Condition to invoke Executive Privilege = high degree of need to withhold info as to outweigh public
interest (otherwise, R to Info will prevail)

B. Applies both to Leigslative Inquiry and QH

SECTION 6.

3rd Sent: No increase in said compensation shall take effect until after expiration of term of incumbent
during which such increase was approved.
4th Sent: They shall not receive during their tenure any other emolument from Government or any
other source.

SECTION 13.

1st Sen: Pres, VP, Members of Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment during their tenure.

2nd Sen: They shall not, during said tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any contract with, or in any franchise, or
special privilege granted by Government or any subdivision, agency, or instrumentality thereof,
including GOCC or their subsidiaries.

3rd Sen: They shall strictly avoid conflict of interest in conduct of their office.

2nd Paragraph: spouse and relatives by consanguinity or affinity within fourth civil degree of Pres shall
not during his tenure be appointed as members of Constitutional Commissions, or Office of
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
GOCC and their subsidiaries.

B. INHIBITIONS/ DQs

Mga bawal during incumbency PRE VP CABINET RATIONALE

S

1) NO INCREASE COMPENSATION ✓ ✓ -- TO AVOID

LUCRATIVE
PRACTICE OF
ADDING MORE
SALARIES

public office is
public trust and
should not be
abused

2) . Shall not receive any other emoluments from govt/ ✓ ✓ --

private source
 3) Shall not hold other ENT (X: Const allows) ✓ ✓ ✓

4. Shall not directly or indirectly ✓ ✓ ✓

-practice profession

-participate in any business, or

-be financially interested in any Govt or GOCC

contract/franchise/special privilege

5. Avoid conflict of interest ✓ ✓ ✓

6. May not appoint spouse/relatives by consanguinity ✓ -- -- TO PREVENT

/affinity within 4th degree as: NEPOTISM

-ConCom, OMB

-Sec, Usec, Heads of Offices/GOCC

Notes:

1. Anti-Nepotism in S13(2) = di kasama ang Judiciary; pang executive lang

BARQ 2014 7 first degree cousin of President, was nominated as Justice in CA.

President appointed A.

Violation of Anti-Nepotism?

Nepotism in S13(2) = di kasama ang Judiciary; pang executive lang.

Q: A,

A: No.

Anti-

2. GR: Shall not hold other ENT

X: No violation if ff held another ENT (reason: walang dagdag sahod)

From Const: 3 lang ito

1. VP = appointed as Cabinet (S.3(2), A.VII) - No need for Commission on Appointment confirmation

2. VP = Acting as President (S.7(2-3) A.VII)

3. Sec. Of Justice = ex-officio member of Judicial Body C (S.8 (1), A.VIII) From Laws:

4. Ex officio capacity

2. Cabinet

-It is extra-constitutional creation (pero binanggit sa Const)

-Prohibitions sa cabinet applies also sa ASEC, USEC

CLU v. ES, G.R. Nos. 83896 & 83815, February 22, 1991.

Q: Can President issue EO allowing USECs and ASECs to hold other government offices in addition to
their primary positions?

A: NO.

Covered officials in prohibition:

1. President

2. Vice-President

3. Members of Cabinet, and their deputies or assistants

-Prohibited even if temporary appointment only

Funa v. Executive Secretary, G.R. No. 191644, February 19, 2013.

Q: A was first appointed by President as Acting SOJ. Then he was appointed as Acting Sol Gen
concurrently. Proper?

A: NO. Violation of prohibition against dual or multiple offices for cabinet members.

-Immaterial: whether acting or temporary capacity

-“To hold office” does not distinguish whether temporary or permanent

This is not ex officio bec functions of OSG are neither required by primary functions nor included in
powers of DOJ, and vice versa.

-magkaibang opisina iyan; although OSG is attached to DOJ, OSG is not constituent unit of DOJ. Control
and supervision of DOJ over OSG are limited only to budgetary purposes = galing sa website nila]
Q: What is Effect of declaration of unconstitutionality of A’s concurrent appointment?

A: A is considered de facto officer.

-De facto officer doctrine = acts of de facto officer are just as valid as those of de jure officer for all
purposes.

-Ex officio capacity = allowed yan

-Requirements for valid ex-officio holding:

1. Must be provided by law;

2. Holding is required by primary functions of their position; and

3. No additional compensation.

Ex-Officio = no need of Pres’ Power of Appointment; no violation of SOP

Rafael v. Embroidery, G.R. No. L-19978, September 29, 1967.

Q: Congress created Apparel Board composed of representatives: -4 from govt agencies and -1 from
private sector. X says this is unconst bec it limits Pres’ Power of appointment. Correct?

A: NO.

Bec members of Board merely sit as ex-officio member, with exception of representative from private
sector. Thus, no need for appointment.

If Ex-Officio capacity ka = you cannot invoke Q-Political Agency bec you are there not bec of President,
but bec of Congress

BARQ 2015 8 law made Cabinet secretaries ex officio members of ABC Board. BOD made
questionable resolution nizing Corporation.

Atty. A assailed its legality alleging that BOD has no authority.

BOD contends that doctrine of qualified political agency applies to case. Is BOD correct?

A: NO. Secretaries sat by reason of law and not by reason of President’s appointment.

Hence, they are not acting as alter egos of President when they sit as ex officio. (Effect: they cannot
invoke QPA)
Bakit ba nila iniinvoke ang QPA? Recall: President has power to reorganize govt agencies unilaterally
under residual powers. Kaya pwedeng defense nila.

Q: L reorga

Ex officio has no additional compensation.

Bitonio v COA

Q: SOLE is ex officio member of PEZA Board.

SOLE authorized X, Director IV of DOLE, to attend PEZA Board in SOLE’s behalf. Is X entitled to additional
compensation?

No. Ex officio has no additional compensation.

Acts as officio – he acts as

C. Powers of President

1. Executive Power

2. Power of Appointment -Includes: Power to Remove, Disciplinary Power

3. Power of Control

4. Military Powers

5. Pardoning Power

6. Borrowing Power

7. Diplomatic Power-Includes: Deportation power, Power to Receive Ambassadors

8. Budgetary Power

9. Informing Power

10. Other Powers

a. Call Congress to Special Session (art 6, sec 15)

b. Power to approve or veto bills (art 6 sec 27)

c. To consent to deputation of government personnel by Commission on Elections (art 19-C sec 2(4))
d. To discipline such deputies (art 19-C sec 2(8))

e. Emergency powers by delegation from Congress (art 6 sec 23(2))

f. Tariff Powers by delegation from Congress (art 6 sec 28(2))

g. General Supervision over local governments and autonomous regional governments (art 10)

11. Residual Powers (not in Const)

-Issue EOs without prior legislative sanction;

-Reorganize government agencies unilaterally;

-Control appointments to key public offices originally intended to counterbalance executive authority;

-Insulate himself from accountability for impasse that resulted from institutional deadlocks which
himself has created;

-Withhold funds already appropriated when “revenues are scarce” (executive impoundment)

-Control national budget and delay release of LGU’s IRA (Internal Revenue Allotment) as his political
leverage to attract potential allies and pressure local opponents.

-Prosecution of crimes

-Power to classify lands

NON-DELEGABLE POWERS OF PRESIDENT:

Commander-in-Chief powers;

Appointing and Removal Power Executive Clemency

Power to receive ambassadors

Power to negotiate treaties

1. General executive and administrative powers

SECTION 1. executive power shall be vested in Pres of PH.

SECTION 17 -Note: S17 is self-executory (Ocampo v Enriquez)

2nd Sentence: He shall ensure that laws be faithfully executed. [Faithful Execution Clause]
Executive Power = Power to enforce and administer law (not enough definition, so idagdag mo ung
residual powers) -Executive power refers to power of President:

a. To execute and administer laws (faithful execution clause)

b. Power enumerated in Constitution

c. Residual powers = powers not enumerated in Const but not prohibited by Const; na kay President
as head of State.

Limitation

1. President cannot dispose of State property unless authorized by law. (Roppongi Case)

2. Enforcement and administration of election laws are under authority of COMELEC.

3. President must obey laws

Coverage: Const., laws, case laws, IRR, treaties, ordinances

Ocampo v. Enriquez, G.R. No. 225973, November 8, 2016

Q: President ordered internment of Marcos in LMNB. Is there violation of faithful execution clause?

A: No. Instead, he obeyed laws.

Whatever reason or wisdom of President for Marcos’ internment, Court will not inquire as long as laws
are executed.

2. Power of appointment

SECTION 14. Appointments extended by Acting Pres shall remain effective, unless revoked by elected
Pres within 90d from his assumption or reassumption of office.

Appointment by Acting Pres

-Effective until revoked by him w/in 90d from assumption/reassumption

Appointment by Acting Pres

-Effective until revoked by him w/in 90d from assumption/reassumption

SECTION 15. 2mos immediately before next Presidential elections and up to end of his term, Pres or
Acting Pres shall not make appointments, except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or endanger public safety.

Midnight Appointment Ban Period = 2mo b4 next presidential election

GR: Pres/Acting Pres shall not appoint

X: Temporary/Acting Appointments only = allowed yan

Note: This provision applies in Executive only, not in judiciary.

SECTION 16.

1st Sentence: Pres shall nominate and, with consent of ComApp, appoint heads of executive
departments, ambassadors, other public ministers and consuls, or officers of armed forces from rank of
colonel or naval captain, and other officers whose appointments are vested in him in this Constitution.

2nd Sentence: He shall also appoint all other officers of Government whose appointments are not
otherwise provided for by law, and those whom he may be authorized by law to appoint.

3rd Sentence: Congress may, by law, vest appointment of other officers lower in rank in Pres alone, in
courts, or in heads of departments, agencies, commissions, or boards.

2nd Paragraph: [Ad Interim]

Pres shall have power to make appointments during recess of Congress, whether voluntary or
compulsory, but such appointments shall be effective only until after disapproval by ComApp or until
next adjournment of Congress.

Par. 1 = Officials to be appointed by Pres

1st Sent = Positions requiring consent of ComApp (exclusive list) [1st in Mison List]
2nd Sent = All other positions whose appointments are (1) not provided by law (2) authorized by law
[2nd and 3rd in Mison List]

3rd Sent = Officers lower in rank whose appointments are required by law [4th in Mison List]

Par. 2 = Rules in Ad Interim Appointments

a. In general

b. Limitations on exercise/power

c. Types of appointment

A. Definition

Appointment is the selection, by the authority vested with the power, of an individual who is to exercise
the functions of a given office.288

Designation means the imposition of additional duties, usually by law, on a person already in the public
service.

Commission is the written evidence of the appointment.

B. Nature Of Power Of Appointment

1. Executive in Nature

-Congress cannot usurp.

Pimentel v Ermita

Q: Can Congress make law automatically appointing undersecretary as acting secretary?

A: No, that is usurpation of President’s power of appointment

BARQ2013 2

While Congress was in session, President appointed 8 acting Secretaries.

Senators contended that appointment is invalid bec:

-It requires confirmation by ComApp

-Undersecretary should be designated as Acting Secretary. Correct?

NO. power to appoint is essentially executive in nature, and legislature may not interfere with exercise
of this executive power except in those instances when Constitution expressly allows it to interfere.

2. Non-delegability

3. Necessity of Discretion - Discretion is an indispensable part in the exercise of power of

appointment. Congress may not, therefore, enact a statute which would deprive the President of the full
use of his discretion in the nomination and appointment of persons to any public office

C. Classification Of Appointment

1. Permanent v Temporary

PERMANENT TEMPORARY

Possessing Eligibility Yes No

Need Sec. of Tenure Yes NO

Just Cause and Investigation for Termination Yes NO

CA confirmation Yes NO

2. Regular A regular appointment is one made by the President while Congress is in session; takes
effect only after confirmation by the Commission on Appointments, and once approved, continues until
the end of the term of the appointee

v Ad Interim An ad interim appointment is one made by the President while Congress is not in session;
takes effect immediately, but ceases to be valid if disapproved by the Commission on Appointments or
upon the next adjournment of Congress. In the latter case, the ad interim appointment is deemed “by-
passed” through inaction. (permanent)

v Acting The essence of an appointment in an acting capacity is its temporary nature. In case of a
vacancy in an office occupied by an alter ego of the President, such as the Office of Department
Secretary, the President must necessarily appoint the alter ego of her choice as Acting Secretary before
the permanent appointee of her choice could assume office.

Reason for Ad Interim appointment = to prevent interruptions in vital govt services resulting from
prolonged vacancies
Reason for Acting appointment = to fill up vacancies while waiting for permanent appointee

D. KINDS OF PRESIDENTIAL APPOINTMENT

1. Appointments by Acting Pres (S.14)

2. Midnight Appointment = Appointments by Pres/ Acting Pres w/in 2mo b4 next presidential
elections and up to end of his term. S.15

GR: Midnight Appointment Ban Period

3. Regular Appointments S.16 (1)

4. Recess or Ad interim Appointments S.16(2)

LIMITATIONS OF APPOINTING POWER

Note: Midnight Appointment Ban Period = applies in Executive only, not in judiciary.

De Castro v. Judicial and Bar Council, G.R. No. 191002, March 17, 2010.

Q: Does prohibition against midnight appointment apply to SC justice?

A: NO. It only applies to executive department and not to Judiciary.

BARQ2014 7

Q: A, first degree cousin of President, was nominated as Justice in CTA.

JBC included her in short-list submitted to President whose term of office was about to end—1mo b4
next presidential elections.

Can President still make appointments to judiciary during so-called midnight appointment ban period?

A: Yes.

(1) Anti nepotism provision, (2) Midnight Appointment Period Band = only applies to executive
department and not to Judiciary.

E. Officials to be Appointed by President

Sec. 16(1) 1st Sentence: Those officials whose appointments are vested in President by Constitution [1st
in Mison List]

Note in confirmation by ComApp: President cannot reappoint what ComApp disapproved. (reason,
ComApp Approval/Disapproval is binding to both appointee and appointing authority)

List that requires confirmation by ComApp is exclusive

Calderon v Carale

Q: A. 215 of LC requires confirmation by ComApp of appointment of NLRC chairman. Valid?

A: No. List that requires confirmation by ComApp is exclusive. Congress cannot require by law
confirmation by ComApp.

F. STEPS IN APPOINTING PROCESS

1. Nomination by President

2. Confirmation/Consent of ComApp (if required)

3. Issuance of Commission

4. Acceptance by Appointee Why acceptance is necessary?

GR: Right against involuntary servitude

X: forced only for purposes of defense of State

G. POWER OF REMOVAL

-Implied from other powers only; not expressed in Constitution.

-Implied from

1. His power of appointment

2. His executive power

3. His function to take care that laws be properly executed;

4. His power of control

-President cannot remove = those office Const prescribes certain methods for removal
ConCom, Omb, SC justices = impeachment

Judges = disciplinary authority of SC

-Members of career service = may be removed for valid cause and in accordance with administrative
procedure

-Members of Cabinet = may be replaced at any time

H. How to question appointment

-QW filed by (a) OSG, (b) person claiming office

I. JBC

1. Purpose of JBC? To de-politicize Judiciary

2. JBC list is not necessary if next CJ will come from sitting members of SC (reason: they have
previously been vetted by JBC).

3. Duty of JBC to submit list of nominees b4 start of President’s mandatory 90d period to appoint =
ministerial -but JBC’s selection of candidates whose names will be in short-list = discretionary.

3. Power of control and supervision

SECTION 17.

1st Sentence: Pres shall have control of all executive departments, bureaus, and offices.

2nd Sentence: He shall ensure that laws be faithfully executed.

Control v. Supervision (Drilon v Lim)

Drilon v Lim

Q: SOJ Drilon declared null and void Manila Tax Ordinance. Does act of SOJ constitute power of control?

A: NO, bec he merely declared tax ordinance as void. He did not substitute his own judgment.

a. Doctrine of qualified political agency

Alter ego Principle; Doctrine of Qualified Political Agency (BARQ2014 20. What is QPA)

1. Qualified Political Agency = there is one Executive, and all executives and administrative
organizations are adjuncts of executive department; heads of departments are agents of President; and
functions of President are performed by executive departments. -Rationale: President is busy; he is
expected to delegate work.

2. Applicability

GR: Acts performed in regular course of business are deemed acts of President.

Gloria v CA, 2000

Q: X has permanent job in State Univ.

SepEd re-assigned X to MIST as its director “indefinitely.” X sued SepEd for violation of his SOT.

Is SepEd immune from suit as alter ego of President?

A: No. SepEd violated Security Of Tenure of X. SepEd’s act is not considered act of President if not in
regular course of business.

X: When QPA is not applicable

a. Disapproved/reprobated by President

b. In cases where President is required to act in person (e.g. power of pardon)

c. Secretaries in ex officio capacity

3. Power of Control exercised by Department Heads

-Since President can reverse decision of his cabinet and lower officers, cabinet can also reverse decision
of his lower officer. (e.g. SOJ may reverse decision of prosecutor in filing Information; then OP can
reverse SOJ decision). -SOJ ang alter ego ni Pres sa Q of Law.

4. Power of Control exercised by ES

-ES may reverse decision of another dept secretary when acting by authority of President.

Joson v. Torres, G.R. No. 131255, May 20, 1998.

Q: Gov. A barged Sanggunian with his army.

OP instructed DILG to investigate him.

Does DILG have authority to investigate Gov A?

A: YES.

1. Bec of Alter Ego Principle/QPA

2. administrative discipline of President comprises of two: (1) investigative authority; (2) disciplinary
authority.

Only investigative authority was delegated to DILG. It is still President who will wield Disciplining
Authority.

Q: Can president still discipline LGU official despite his limit to general supervision?

A: Yes. Supervision is not incompatible with discipline.

Power to discipline ensure that laws be faithfully executed.

NOTE:

(1) investigative authority = derived from alter ego principle

(2) disciplinary authority = derived from power of general supervision

b. Executive departments and offices

President and Power of Control

1. Scope

a. S.17 A.VII -from Cabinet to lowest rank

b. GOCC’s

2. Decisions Cabinet members and their subordinate officers may be reversed by Pres.
-Decision of Dir. of Lands on matters of Q of Facts shall be conclusive when affirmed by SENR; and on
appeal to OP, it may be reversed by President/ES

Lacson-Magallanes Co., Inc. v. Paño, G.R. No. L-27811, November 17, 1967.

Q: Can President reverse ruling of DENR?

A: YES. Part of his power of Control. Secretaries are his alter egos.

3. President can substitute “Acts of subordinate” (act), but not “person of subordinate” (actor)

-Act and Actor

Ang-Angco v. Castillo, G.R. No. L-17169, November 30, 1963.

A, collector of customs, was charged with admin case. ES ordered his termination. Proper?

A: NO, bec he is member of classified service.

Rule:

1. If appointed by president = ES can remove

2. If member of classified service = CSC only can remove

-Reason: Bec power of removal is derived from power of appointment and not from power of control.

NOTE: Power of Control = power of substitution of acts and not of actor.

-“power merely applies to exercise of control over acts of subordinate and NOT over actor or agent
himself of act.”

4. Reorganization of executive office.

a. Source: Residual powers (S20 RAC)

-Congress pa rin ang may power to reorganize, na delegate lang kay President.

b. Requirement to reorganize: law (usually nakalagay sa GAA)

Banda v ES, 2010 (Case ito about class suit)

Q: GAA provided for reorganization of National Printing Office, specifically: -Remove exclusive printing
jurisdiction of NPO to private sector -Limit appropriations of NPO.

Can Erap do so?

A: Yes this power of reorganization is under residual powers, i.e. function vested in Pres as provided
under law. law that gives such function is GAA.

c. Scope: Applies to Offices w/in Executive Branch

Mewap v Romulo, 2007

Q: Erap issued EO 102 to restructure DOH pursuant to GAA.

X argued that President can only reorganize Office of President, but not Departments, Bureaus. Correct?

A: No. It Applies to all Offices w/in Executive Branch

d. Power to Abolish Office

President’s continuing authority to reorganize Exec Dept.

RAC S.31 (EO 292) Pres can:

1. Restructure internal org of “OP Proper” by abolishing/consolidating/merging units or transferring

functions from one unit to another;

2. Transfer any function from OP any Dept/Agency (vice versa)

3. Transfer any agency from OP any Dept/Agency (vice versa)

GR: Congress ang may power X:

a. Delegated power to (1) President in Executive Branch or (2) other bodies such as CSC b. President
abolishes office in OP proper

-kapag OP Properkc malawak ang control ni President; pero kung outside OP like DOH, DILG = need na
yan ng law, di yan basta maabolish

-reason: OP proper is the command center of Pres

Pichay v ES, 2012

Q: PAGC and ODESLA are offices under OP.

Pres abolished PAGC and transfer it functions to ODESLA. Was abolishment proper?

A: Yes. kapag OP, malawak ang control ni President; pero kung outside OP like DOH, DILG = need na yan
ng law, di yan basta maabolish

Fernandez v. Sto. Tomas, G.R. No. 116418, March 7, 1995.

Q: RAC:

-allows CSC to carry out “changes in organization” CSC passed resolution merging its 3 offices.

-affected EEs were transferred to new office but not terminated.

-EEs assailed Resolution on ground that CSC has no authority to merge its offices bec only Congress can
abolish what it created.

TENABLE?

A: NO. Congress expressly authorized CSC to carry out “changes in organization” in RAC

Q: Suppose CSC abolished 3 offices without transferring affected EEs, will your answer be same?

A: NO, diff ans. Act of CSC is now invalid because it is not within power given by RAC. [lagpas na sa law
kc nag abolish na eh; ung “changes” does not include abolish; tapos violation pa to ng R to SOT]
c. Local government units

Supervision over LGUs = GENERAL SUPERVISION ONLY!

-It means:

-GR: President cannot control LGU. Any directive of Pres or his alter ego is void. (Basis: Principle of Local
Autonomy)

-Removing LGU’s IRA by President = considered “control” of LGU kaya bawal (pwede lang ay i-delay ang
release ng IRA)

Pimentel v Aguirre, 2000

Q: Pres issued AO w/c removes 5% IRA of LGU. Valid?

A: It violates Fiscal Autonomy of LGU w/c includes auto release of IRA.

-Removing LGU’s IRA by President = considered “control” of LGU kaya bawal (pwede lang ay i-delay ang
release ng IRA)

-LGU’s grant of additional compensation = no need for Pres’ approval

Negros v COA, 2010

Q: Does LGU’s grant of additional benefits to LGU officials require prior approval of Pres?

A: No. General Supervision lang ang Pres.

-X: He can only interfere if LGU acted contrary to law.

-SOJ has power to review legality of tax ordinance. Such act of DOJ is not considered “control.”

Drilon v Lim

Q: SOJ Drilon declared null and void Manila Tax Ordinance. Does act of SOJ constitute power of control?
A: NO, bec he merely declared tax ordinance as void.

He did not substitute his own judgment.

-Disciplining LGU heads = can be done by President and his alter egos under QPA?

Joson v. Torres, G.R. No. 131255, May 20, 1998.

Q: Gov. A barged Sanggunian with his army.

OP instructed DILG to investigate him.

Does DILG have authority to investigate Gov A?

A: YES.

1. Bec of Alter Ego Principle/QPA

2. administrative discipline of President comprises of two: (1) investigative authority (2) disciplinary
authority.

Only investigative authority was delegated to DILG. It is still President who will wield Disciplining
Authority.

Q: Can president still discipline LGU official despite his limit to general supervision?

A: Yes. Supervision is not incompatible with discipline. power to discipline ensure that laws be faithfully
executed.

NOTE:

(1) investigative authority = derived from alter ego principle

(2) disciplinary authority = derived from power of general supervision

4. Emergency powers
SECTION 23. (1) Congress, by vote of 2/3 of both Houses in joint session assembled, voting separately,
shall have sole power to declare existence of state of war.

(2) In times of war or other national emergency, Congress may, by law, authorize President, for limited
period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to
carry out declared national policy. Unless sooner withdrawn by resolution of Congress, such powers
shall cease upon next adjournment thereof.

Par. 2: Emergency Powers -Requisite:

1. Ground: war/national emergency

2. Law

-Purpose: to exercise powers to carry out declared policy -Duration:

GR: Until next adjournment

X: Sooner withdrawn by resolution (mas maaga matapos)

POWER TO DECLARE STATE OF EMERGENCY EXERCISE EMERGENCY POWERS

PROVISIONS S18 A.VII

1. S23(2) A.VI = to exercise powers necessary to carry out declared national policy

2. S17 A.XII = taking over of business

DELEGATED BY CONGRESS? No. Sa president talaga ito. Yes.

Congress talaga ito; only delegated to President

Lagman v. Hon. Medialdea, G.R. No. 231658, July 4, 2017 and MR, February 6, 2018
PDU30 issued Presidential proclamation declaring ML and suspending PHC in Mindanao. Within 48h,
PDU30 submitted Written Report to Congress.

Q: Is there sufficient factual basis?

A: Yes. President was able to show: (1) actual invasion or rebellion, and (2) that public safety requires
exercise of such power

Q: Must factual basis be accurate?

A: In SC = NO, bec it will impede his decision making

In Congress = YES, bec they have power to extend or revoke

Q: Can Court and Congress hear simultaneously issue of factual basis?

5. Commander-in-chief powers

SECTION 18.

PAR. 1:

1st S: Pres shall be Commander-in-Chief of all armed forces of PH and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.

2nd S: In case of invasion or rebellion, when public safety requires it, he may, for period not exceeding
60d, suspend PWHC or place PH or any part thereof under ML.

3rd S: Within 48h from proclamation of ML or suspension of PWHC, Pres shall submit report in person or
in writing to Congress. 4th S: Congress, voting jointly, by vote of at least majority of all its Members in
regular or special session, may revoke such proclamation or suspension, which revocation shall not be
set aside by Pres.

5th S: Upon initiative of Pres, Congress may, in same manner, extend such proclamation or suspension
for period to be determined by Congress, if invasion or rebellion shall persist and public safety requires
it.

PAR 2:
Congress, if not in session, shall, within 24h following such proclamation or suspension, convene in
accordance with its rules without any need of call.

PAR 3:

SC may review, in appropriate proceeding filed by any citizen, sufficiency of factual basis of proclamation
of ML or suspension of PWHC or extension thereof, and must promulgate its decision thereon within
30d from its filing.

PAR 4:

A state of ML does not suspend operation of Constitution, nor supplant functioning of civil courts or
legislative assemblies, nor authorize conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor automatically suspend PWHC

PAR 5:

suspension of PWHC shall apply only to persons judicially charged for rebellion or offenses inherent in or
directly connected with invasion.

PAR 6:

During suspension of PWHC, any person thus arrested or detained shall be judicially charged within 3d,
otherwise he shall be released.

PAR. 1:

1st S: “Calling Out Powers” (Commander-in-Chief Clause)

a. Pres is Commander-in-Chief

b. Pres may “Call Out” AFP to suppress LVIR

2nd S:

a. Ground for suspension of PWHC or proclamation of ML = IR, public safety

b. Period of suspension/proclamation = 60d

3rd S: 48h requirement: Pres’ report to Congress in person/in writing

4th S: Congress revocation

a. Majority of All jointly in regular/special session

b. Pres cannot set aside revocation

5th S: Extension of suspension/proclamation Requirement:

1. Initiative of President

2. IR, Public safety

Period: Congress na bahala

PAR 2: Convene of Congress

-w/in 24h

- Rule if not in session: No need for call to convene

PAR 3: SC Review

-Filed by: any citizen

-Issue: WON there is factual basis for suspension/proclamation

-Decision: w/in 30d from filing

PAR 4: ML does not:

-suspend operation of Const,

-supplant function of courts or legislative assemblies

-confer jurisdiction on military courts over civilians if civil courts are functioning [under ng military courts
na kapag civil courts are not functioning]

-automatically suspend PWHC [iba pa ung suspension]

PAR 5: Requisite to apply suspension of PWHC over person = must be Judicially charged for offenses
connected to rebellion/invasion [kung theft lang, walang SPWHC]
PAR 6: Person arrested/detained = must be judicially charged w/in 3d (otherwise, i-release sya)

a. Calling out powers

A. Military Power

-Military Power allows president to:

1. Command AFP

2. SPWHC

3. PML

-Limitation on Military Power

1. Purpose: to suppress LVIR

2. Ground: IR, public safety

3. Duration: 60d.

4. Report: Pres to Congress in person/writing w/in 48h

5. Congress’ action (required votes: majority votes of all, jointly) a. Revoke

b. Extend

6. SC Review

-Filed by: any citizen

-Issue: WON there is factual basis for suspension/proclamation

-Decision: w/in 30d from filing

7. During ML:

-Courts and Congress = remain open

-ML does not confer jurisdiction on military courts over civilians if civil courts are functioning (Open
Court Doctrine)

X: Civil courts not functioning = military courts will have jurisdiction over civilians -PML does not include
SPWHC
8. SPWHC applies only to persons charged offenses related to invasion/rebellion.

-Person arrested/detained = must be judicially charged w/in 3d (otherwise, i-release sya)

B. Call-Out Power (Commander-in-Chief Clause) (BARQ2006 1: What is Call-out Power)

1. Power over military = President has absolute authority.

- Civilian Supremacy

-President remains civilian.

2. Calling-out Power

-Most Benign power of S.18 = because it results to diminution of constitutional rights

BAR2006 1

David v. Ermita

PGMA issued Proclamation 1107 declaring State of National Emergency.

It gives President power to:

1. Call AFP to prevent or suppress lawless violence

2. Call AFP to enforce laws even if not related to lawless violence

3. Issue decrees

4. Impose prior restraint to media.

5. Take over privately owned utilities Pwede?

A:

1 = pwede dahil sa Calling Out Power ng pres

2-4 = di pwede, ultra vires

5 = di pwede, requires law.

Note: S17 A.XII = President can validly declare state of national emergency even w/o law. (David v.
Ermita)
-Pero when taking over privately owned utilities = need na ng law yan

Q: During effectivity of this Proclamation, X was arrested for acts of rebellion. Is arrest legal?

A: Yes provided arrest is with warrant or by valid warrantless arrest of person caught in flagrante delicto.

-Only President has Call out Power

Kulayan v. Tan, G.R. No. 187298, July 3, 2012 BARQ2015 20:

Q: Can governor of Sulu issue proclamation declaring state of emergency in province of Sulu?

A: No, it is ultra vires. Calling-out powers belong to President only.

Q: Can governor of Sulu order organization of Armed Male Civilians?

A: NO, there is only establish one police force under A.XVI of Constitution

-Calling out Power and Judicial Review

Q: May court pass upon issue of President’s decision to call out AFP?

A: NO, it is political Q.

Court may only pass upon issue of sufficiency of factual basis. (IBP v Zamora)

b. Declaration of martial law and suspension of privilege of writ of habeas corpus; extension

Lagman v. Hon. Medialdea, G.R. No. 231658, July 4, 2017 and MR, February 6, 2018 PDU30 issued
Presidential proclamation declaring ML and suspending PHC in Mindanao. Within 48h, PDU30
submitted Written Report to Congress. Q: Is there sufficient factual basis?

A: Yes.
President was able to show:

(1) actual invasion or rebellion, and

(2) public safety requires exercise of such power

Q: Must factual basis be accurate?

A: In SC = NO, bec it will impede his decision making

In Congress = YES, bec they have power to extend or revoke

Q: Can Court and Congress hear simultaneously issue of factual basis?

A: YES, since they are independent.

Q: What is required Quantum of Evidence for President to establish valid declaration?

A: standard of probable cause

Lifting the martial law

1. Lifted by pres
2. Revocation by congress
3. Nullification by the SC
4. By operation of law (after 60 days)

6. Executive clemency

SECTION 19. Except in cases of impeachment, or as otherwise provided in this Constitution, Pres may
grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final
judgment.

He shall also have power to grant amnesty with concurrence of majority of all Members of Congress.

a. Nature and limitations

A. Nature of Power of Executive Clemency

1. Non-delegable

-President lang

-Cannot be controlled by legislature or reversed by judiciary.

San Diego y Trinidad v. People, G.R. No. 176114, April 8, 2015.

Q: Can RTC mete penalty of reclusion perpetua without pardon?

A: NO, violation of SOP

It would limit pardoning power of President.

Ang pwedeng impose ni court: w/o possibility of parole.

2. Purpose:

-to correct human fallibility in administration of justice -as bargaining chip in politics

Q: PDU30 pardoned LCpl. Pemberton.

Can this act be subject to review by courts?

A: No. PQ yan.

B. Limitation on Executive Clemency

(BARQ2017 4: Is pardoning power absolute?) no.

Constitutional Limits on Executive Clemency:

1. Not allowed in impeachment

2. Granted “after conviction by final judgment; (X: Amnesty)

3. Amnesty = concurrence of “majority of all Members of Congress”

4. In violation of election laws/IRR = requires prior favorable recommendation of COMELEC.

b. Forms of executive clemency

1. Reprieves Postponement of sentence or stay in execution.

2. Commutations Reduction/mitigation of penalty.

3. Pardons Act of grace which exempts individual form punishment of law for crime committed.

4. Remission of fines Bawasan or burahin ang fine

Note: Pardon cannot be extended to civil liability and judicial costs.

5. Remission of Forfeiture Isoli ung forfeited property

6. Amnesty General pardon to rebels for political offenses.

A. Pardon (BARQ2017 4: What is Pardoning Power of Pres)

1. Pardon = Act of grace that exempts one from punishment

2. Classification of Pardon

1. Plenary = all penalties (pati accessory penalties)

2. Partial = not all penalties.

3. Absolute = no condition

Q: A’s pardon was restoration of his civil and political rights, but he will only be eligible for govt positions
which are clerical in nature only.

What kind of pardon is that?

A: Still absolute as to restoration of his civil and political rights.

4. Conditional = w/ condition

a. Pardonee may reject conditional pardon.

-if condition imposed is more onerous than penalty

b. Condition must be lawful.

c. Condition is co-extensive w/ penalty remitted

-e.g. kung 20y ang sentence, until 20y lang din ang conditions. No violation of conditions if committed on
21st year. -President determines WON condition is violated (effect: if condition is not to violate any law
= prior conviction by court is not required to determine if condition is violated)

3. Scope of Pardon

-Criminal and administrative cases.

Llamas v. Orbos, G.R. No. 99031, October 15, 1991. BARQ1997 15

Q: Gov. A was meted penalty of suspension for 90d.

V-Gov. B assumed office of Governor.

After 2 months, President issued executive clemency to A.

B contends executive clemency can only be granted by President in criminal cases. Correct?

A: NO. President can grant executive clemency also in administrative cases.

Reason: kung yung crime nga napapatawad admin case pa kaya which is less serious than criminal
offenses.

-Limitation: Executive branch admin cases only (so hindi kasama ang disbarment)

4. Effects of Pardon

a. Relieves criminal liability (including fines, forfeitures in favor of govt)

b. Does not absolve civil liabilities

c. Does not restore public offices already forfeited, although eligibility for same may be restored.

-One who is given pardon has no demandable right to reinstatement. He may however be reappointed.

Monsanto v. Factoran, Jr., G.R. No. 78239, February 9, 1989.

Q: A, city treasurer, was convicted by SB of estafa.

She was pardoned.

Can she ask for automatic reinstatement to her position + back wages?

A: NO. One who is given pardon has no demandable right to reinstatement. She may however be
reappointed.

Pero may exception jan si Manguera:

-However, if pardon is given because on ground that he did not commit crime, then reinstatement and
backwages would be due. (Garcia v. COA, 1993) [Parang Norfolk 4]

Q: Is her civil liability erased?

A: NO. Civil liability arising from crime is governed by RPC. Civil liability subsists notwithstanding service
of sentence.

5. Pardon v. Parole

PARDON PAROLE

Sentence is condoned. Release of convict only, but not restoration of liberty. Parolee is still in

custody of law.

Grant ng President Grant ng Congress (thru Indeterminate Sentence LAW) pero under ng
Board of Parole w/c is

under DOJ

B. Amnesty

1. Def = General pardon to class of political offenders either after conviction or even b4 charges are
filed.

2. Nature = executive act

3. Time of Application = b4 or after institution of criminal action (pwede din after conviction).

4. Effect of Application = deemed to have admitted accusation against him

5. Effects of Grant of Amnesty = totally extinguished criminal liability and all its effects

Q: Remedy of detained convict covered by amnesty?

A: Not pet 4 WHC, but submit his case to proper amnesty board. [bakit hindi WHC, kc there is valid
reason for his detention, bomber sya ng NPA eh]
7. Diplomatic power

SECTION 20.

1st Sent: Pres may contract or guarantee foreign loans on behalf of PH with prior concurrence of
Monetary Board, and subject to such limitations as may be provided by law.

2nd Sent: Monetary Board shall, within 30d from end of every quarter of calendar year, submit to
Congress complete report of its decisions on applications for loans to be contracted or guaranteed by
Government or GOCC which would have effect of increasing foreign debt, and containing other matters
as may be provided by law.

BORROWING POWER

1st Sent: Power to contract/guarantee foreign loans

1. Requirements

1. Prior concurrence of MB

-Why MB? Expertise, they will see our ability to pay

2. Limitation of Law

2nd Sent: Duty of Monetary Board

1. Duty of MB = submit to Congress report of its decision on application for loans quarterly

2. Reason for Reporting = to allow Congress to act when needed to protect public interest

Land Bank of Phils. V. Atlanta Industries, Inc., G.R. No. 193796, July 2, 2014.

Q: LBP and World Bank entered into loan agreement which required participation of LGU.

Then LBP and XYZ City entered subsidiary loan agreement (SLA).
-WB requires its concurrence b4 any bid may be approved.

-So, SLA requires concurrence of WB to approve bid.

City conducted bidding for its project funded by loan.

-X Corp participated in Bid.

-But WB did not concur, so Bid Committee declared failure of bid.

Should Bid Committee require concurrence of WB or should they just follow our usual way of conducting
Bid in Ph?

A: It must follow requirement of WB.

Subsidiary Loan Agreement partakes nature of executive agreement since SLA is accessory contract of
Loan agreement bet LBP and WB.

SECTION 21. No treaty or international agreement shall be valid and effective unless concurred in by at
least 2/3 of all Members of Senate.

FOREIGN AFFAIRS POWER/DIPLOMATIC POWER

A. Foreign Affairs Power = Pres is our spokesman in foreign affairs

B. Foreign Relations Powers

1. To negotiate treaties and international agreements; ratify

2. To appoint ambassadors, public ministers, consuls;

3. To receive ambassadors, public ministers

4. To contract foreign loans

5. To deport aliens.

6. To decide who is persona non grata

7. To recognize governments and withdraw recognition

C. Source of Power = par in parem non habet imperium

D. Concurrence by Senate
1. When Concurrence of Senate Needed (2/3)

When Concurrence of Senate Needed (2/3 of all) When concurrence not needed

1. Treaties of whatever kind, whether bilateral or multilateral.

2. International Agreements (that which are permanent and original) Less formal types of
international agreements;

Agreements which are temporary or are

implementations of treaties or statutes

E.g. EDCA = mere EA mere

2. Scope of Power to Concur = limited to concurrence only, not ratification

Power to ratify = President only

Q: Can senate introduce amendments?

A: Yes, but President will persuade other nation to adopt amendment

3. Effects of Treaties

1. Contract between states

2. Law for people of each state

E. Judicial Review = SC has power to declare treaties and intl agreements unconstitutional
Vinuya v. Romulo, G.R. No. 162230, April 28, 2010.

Q: Can Malaya Lolas (comfort women) go to court to compel Ph Govt to make demand of reparation
from Japan?

A: No. PQ yan.

Only Executive has Diplomatic Power. Congress and Judiciary have no such power.

Court cannot question wisdom of conduct of foreign relations by Executive Department.

Only remedy of Lolas = to go to President and make their plea.

NOTE in PIL:

States are subject = has personality in international relations

Individuals are object = no personality

A.XVIII SECTION 25. After expiration in 1991 of Agreement bet RP and USA concerning Military Bases,
foreign military bases, troops, or facilities shall not be allowed in PH except under treaty duly concurred
in by Senate and, when Congress so requires, ratified by majority of votes cast by people in national
referendum held for that purpose, and recognized as treaty by other contracting State.

International Agreements (COPY/PASTE)

-2 Ways for PH to Enter into International Agreements:

1. Treaty

2. Executive Agreement

-Treaty v EA

SCOPE

TREATY Political issues or changes in national policy and those involving international agreements
of permanent character.

EA Adjustments in detail carrying out well-established national policies and traditions and
those involving more or less temporary character.

Saan ito kailangan (BAR FAVORITE) Required in initial entry of foreign military

(a) bases, OR

(b) troops OR
(c) facilities All other intl agreements.

-Yung mga presidenteng walang alam, treaty ng treaty kahit EA lang nmn ang kailangan.

Limitations

TREATY Cannot be contrary to Constitution. But may be contrary to municipal laws and other treaties.
Cannot be used to amend treaties.

EA Cannot be contrary to Constitution, laws and treaties.

Senate Concurrence

TREATY Required

EA Not required

EA = cannot be contrary to PH law; Treaty = may be contrary to PH law

Gonzales v. Hechanova, G.R. No. L-21897, October 22, 1963.

Q: RA 3452 prohibits importation of rice.

Can President enter into EA with Vietnam for importation of rice?

A: No. An EA cannot violate local laws (i.e. RA 3452)

Q: Can treaty violate local laws?

A: Yes, bec it is concurred.

EA: EDCA

Saguisag v. Exec. Secretary, G.R. No. 212426, January 12, 2016; July 26, 2016. (MR)

Q: EDCA was agreed. EDCA further enhanced VFA. Senate did not concur with EDCA. Is EDCA unconst
for lack of Senate concurrence?

A: NO.
1. EA only implements treaty such as: VFA, MBA, MDT

2. EA need not be concurred by Senate. Senate concurrence only refers to INITIAL ENTRY of foreign
military bases, troops, or facilities.

EA/TREATY?

-Effect of Treaty: it limits our sovereignty (e.g. we do not sue ambassadors of other States w/
expectation that other States will not sue our own ambassadors)

Tañada v. Angara, G.R. No. 118295, May 2, 1997.

Q: Ph joined WTO.

Senate concurred WTO Agreement.

X assails its constitutionality on ff grounds: a. Viol of S19A2 (develop self-

A: NO. S19A2 = not self-executory.

b. Q: Viol of S10,12 A12 (Filipino First policy).

Tenable?

A: NO.

1. While S.10, A12 is selfexecutory, issue is not WON such provision is self senate to concur in WTO
Agreement.

And SC affirmed that there are provisions that allow senate to concur in WTO, such as S1,13 of

2. Also, Constitution only limits but not prohibits Foreign entry.

c. treaty is void bec it Impairs Legislative and Judicial Power of Tenable?

BARQ 2010 10 (Copy/Paste except C)

reliant & independent national economy). Tenable?

-executory; but rather WON Constitution allows

A2. PH.

A: NO, because Sovereignty in "international level" is not absolute.

-Sovereignty is limited by treaties and GAPIL which automatically form part law of land under Doc. of
Incorporation.

8. Powers relative to appropriation measures

SECTION 22. Pres shall submit to Congress within 30d from opening of every regular session, as basis of
GAB, budget of expenditures and sources of financing, including receipts from existing and proposed
revenue measures.

Discussed na to:

1. Item veto power In relation to Doc of Inappropriate Provisions

2. Power to Augment

Recall 2 requisites:

a. Savings

b. There must be existing item/project/activity in receiving agency

3. Budgetary power

-Pres shall submit budget of expenditures and sources of financing to Congress -Eto ang basis ng GAB

9. Delegated powers

Discussed na to:

Ano mga delegated powers to President. (only 2)

1. Tariff Powers
-President has Power to fix Tariff rates, etc (S28(2) A.VI) -Requires law

2. Emergency powers

-President has emergency power in (1) war (2) other national emergency. (S.23(2) A.VI) -Requires law

-Until when: (1) next adjournment (2) withdrawn by resolution

-Anong pwede nyang gawin: taking over of privately owned business, public utilitie

Malampaya Funds = undue delegation of legislative power bec of lack of Suff. Std. (bahala na si President
pano gamitin, walang boundaries)

10. Residual powers

EO 292: BOOK III, TITLE I

SECTION 20, Residual Powers. —Unless Congress provides otherwise, President shall exercise such other
powers and functions vested in President which are provided for under laws and which are not
specifically enumerated above, or which are not delegated by President in accordance with law.

Residual powers = unstated powers; powers not enumerated in Const but not prohibited by Const; na
kay President as head of State. Basis: Faithful Execution Clause

Scope: any power basta for welfare of people e.g.

-Issue EOs without prior legislative sanction;

-Reorganize government agencies unilaterally

-Control appointments to key public offices originally intended to counterbalance executive authority;

-Insulate himself from accountability for impasse that resulted from institutional deadlocks which
himself has created;

-Withhold funds already appropriated when “revenues are scarce” (executive impoundment)

-Control national budget and delay release of LGU’s IRA (Internal Revenue Allotment) as his political
leverage to attract potential allies and pressure local opponents.

Marcos v. Manglapus, G.R. No. 88211, September 15, 1989.

Q: Does President have power to bar return of Marcos in Ph?

A: YES, under residual powers.

Note: President has unstated residual powers, which are implied from grant of executive power
necessary for her to comply with her Constitutional duties, such as to safeguard and protect general
welfare. It includes powers unrelated to execution of any provision of law.

NOTE: this case is sui generis. This case will not be precedent.

11. Veto powers Na discuss na to:

Rules:

1. Pres can veto any bill

-Congress can override his veto

2. Entire Veto

-Can be done to any bill

3. Item Veto

-Can be done in 2 instances:

a. ART Bill

b. Non-ART Bill pero may rider

4. Pork Barrel scheme violates President’s power to veto bec purpose of lump sum budget is still
uncertain, di na nya malalaman kung dapat bang i-veto or not.

D. Rules of succession

Vacancy Situations:

1. Vacancy that occurs at start of term (Sec 7)

-If Pres-Elect dies during this time = VP is only acting Pres; hintay pa for Pres that will qualify

2. Vacancy that occurs in mid-term (Sec 8)

-If Pres-Incumbent dies during this time = VP na ang Pres

-If Pres and VP (incumbent) dies during this time = Senate Pres is only acting Pres; hintay pa for Pres that
will qualify

3. Vacancy in both presidency and vice-presidency. (S.10)

SECTION 7. Pres-elect and VP-elect shall assume office at beginning of their terms.

If Pres-elect fails to qualify, VP-elect shall act as Pres until Pres-elect shall have qualified.

If Pres shall not have been chosen, VP-elect shall act as Pres until Pres shall have been chosen and
qualified.

If at beginning of term of Pres, Pres-elect shall have died or shall have become permanently disabled,
VP-elect shall become Pres.

Where no Pres and VP shall have been chosen or shall have qualified, or where both shall have died or
become permanently disabled, Senate President or, in case of his inability, Speaker shall act as Pres until
Pres or VP shall have been chosen and qualified.

Congress shall, by law, provide for manner in which one who is to act as Pres shall be selected until Pres
or VP shall have qualified, in case of death, permanent disability, or inability of officials mentioned in
next preceding paragraph.

Vacancy Situations under S.7 and Succession

REASON FOR VACANCY SUCCESSION RULE

When Pres has been chosen but fails to qualify at

beginning of his term

When no President has yet been chosen at time

he is supposed to assume office.

When President-elect dies or is permanently VP becomes acting President until President

incapacitated B4 beginning of his term qualifies.

When both shall have died or become Senate President or Speaker acts as President
permanently incapacitated at START of term until President or VP qualifies.
 When Senate President and Speaker Congress will decide by law who will act as
President until President or VP shall have been
-shall have died or elected and qualified.
-shall have become permanently incapacitated,
or

-are unable to assume office

SECTION 8. In case of death, permanent disability, removal from office, or resignation of Pres, VP shall
become Pres to serve unexpired term. In case of death, permanent disability, removal from office, or
resignation of both Pres and VP, Senate President or, in case of his inability, Speaker, shall then act as
Pres until Pres or VP shall have been elected and qualified.

Congress shall, by law, provide who shall serve as Pres in case of death, permanent disability, or
resignation of Acting Pres. He shall serve until Pres or VP shall have been elected and qualified, and be
subject to same restrictions of powers and disqualifications as Acting Pres.

SECTION 9. Whenever there is vacancy in Office of VP during term for which he was elected, Pres shall
nominate VP from among Members of HOS and HOR who shall assume office upon confirmation by
majority vote of all Members of both Houses of Congress, voting separately.

Vacancy in VP-Incumbent: Procedure

1. Pili si Pres ng VP from HOS/HOR

2. Then confirmation: majority vote, separately

SECTION 10. Congress shall, at 10am of 3rd day after vacancy in offices of Pres and VP occurs, convene in
accordance with its rules without need of call and within seven days enact law calling for special election
to elect Pres and VP to be held not earlier than fortyfive days nor later than 60 days from time of such
call. bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI
of this Constitution and shall become law upon its approval on third reading by Congress. Appropriations
for special election shall be charged against any current appropriations and shall be exempt from
requirements of paragraph 4, Section 25, Article VI of this Constitution. convening of Congress cannot be
suspended nor special election postponed. No special election shall be called if vacancy occurs within
eighteen months before date of next Presidential election.
Vacancy in both presidency and vice-presidency.

Procedure:

1. 3d after vacancy = Congress shall convene w/o need of call

-convening cannot be suspended

2. W/in 7d after convening = Congress enact law for special election

-special election cannot be postponed

-3 Reading requirement = not applicable

-Bill is deemed enacted upon its approval on 3rd reading

3. Election

-Held 45-60d from enactment of law

Limitation: no more special election if vacancy w/in 18mo b4 next presidential election.

SECTION 11. Whenever Pres transmits to Senate President and Speaker his written declaration that he is
unable to discharge powers and duties of his office, and until he transmits to them written declaration to
contrary, such powers and duties shall be discharged by VP as Acting Pres.

Whenever majority of all Members of Cabinet transmit to Senate President and to Speaker of House of
Representatives their written declaration that Pres is unable to discharge powers and duties of his office,
VP shall immediately assume powers and duties of office as Acting Pres.

Thereafter, when Pres transmits to Senate President and to Speaker his written declaration that no
inability exists, he shall reassume powers and duties of his office. Meanwhile, should majority of all
Members of Cabinet transmit within five days to Senate President and to Speaker of House of
Representatives their written declaration that Pres is unable to discharge powers and duties of his office,
Congress shall decide issue. For that purpose, Congress shall convene, if it is not in session, within 48h,
in accordance with its rules and without need of call.

If Congress, within ten days after receipt of last written declaration, or, if not in session, within twelve
days after it is required to assemble, determines by 2/3 vote of both Houses, voting separately, that Pres
is unable to discharge powers and duties of his office, VP shall act as Pres; otherwise, Pres shall continue
exercising powers and duties of his office.

Temporary Disability of Pres (S11) May be raised in 2 ways:

1. By President himself

-He will send written declaration to Senate President/speaker

-VP = becomes acting Pres until Pres sends another declaration na gumaling na sya

2. By Majority of Cabinet

-They will send written declaration to Senate President/speaker

-VP = becomes acting Pres

Procedure if Cabinet sent declaration [di na mahalaga to]

1. Majority of Cabinet sends written declaration to Senate President/speaker

-VP = becomes acting Pres until Pres sends another declaration na gumaling na sya

2. President sends written declaration na ok lang sya

-Pres = reassumes

3. W/in 5d from reassumption = Majority of Cabinet sends written declaration na di sya okay

4. Congress will decide

SECTION 12. In case of serious illness of Pres, public shall be informed of state of his health. Members of
Cabinet in charge of national security and foreign relations and Chief of Staff of Armed Forces of PH,
shall not be denied access to Pres during such illness.

Serious Illness (S12)

Rule: Public must be informed.

-Purpose: To guarantee people’s right to know about President’s health, contrary to secretive practice in
totalitarian regimes Who has duty to inform? Silent.

Who shall not be denied access to Pres:

1. National Security Adviser

2. Sec of DFA

3. AFP Chief of Staff

-Reason: To allow President to make important decisions in those areas of government

Resignation: Two Elements:

(1) intent to resign; (e.g. Erap’s letter)

(2) act of relinquishment. (e.g. Erap’s leaving Malacanang)

Permanent Disability: physical or mental incapacity, functional disability (e.g. ERAP, no more functioning
cabinet, military, police, no recognition from Congress and international community).

3 Ways to Remove Pres

1. By Impeachment = Constitutional

2. By People Power = Extra-Constitutional

3. By Killing = Illegal yan

Estrada v. Desierto, G.R. Nos. 146710-15 & 146738, March 2, 2001 and MR, April 3, 2001.

Q: Was Erap’s stepping down resignation or just temporary Inability to Govern as President (President
on Leave)?

A: Resignation.

Under totality test, acts and omission of ERAP after stepping down bears relevance to WON he resigned.

Resignation has two elements:

1. Intent to resign = seen from Angara Diary

2. Coupled with acts of relinquishment.

Q: Why not just temporary Inability to Govern as President (President on Leave)?

SECTION 23. Pres shall address Congress at opening of its regular session. He may also appear before it
at any other time.