Odious Debt
Odious debt, also known as illegitimate
debt, is when a country's government changes
and the successor government does not want
to pay debts incurred by the previous
government. Usually, successor governments
argue that the previous government
misappropriated money it had borrowed and
that they should not be held responsible for the
previous regime’s alleged misdeeds.
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Coercive Jurisdiction
Is the power of each house to compel
the attendance of absent member by means of
arrest or such other measures and penalties as
the House may provide in its rules.
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Incompatible Office
Is a post that a member of congress
cannot accept unless he waives or forfeits his
seat. The incompatibility arises from
simultaneous holding of such office. The
purpose of prohibition is to prevent him from
owing loyalty to another branch or
instrumentality of the government
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Forbidden Office
A forbidden office is one to which a
member of congress cannot be appointed even
if he is willing to give up his seat. Such public
official cannot resign in anticipation of the
passage of law creating such office or
increasing emolument as a way of
circumventing the prohibition. The ban against
such appointment to the office shall apply only
for the duration of the term of office for which
he was elected.
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President’s removal from office; factors
1. Death
2. Permanent Disability
3. Impeachment
4. Resignation
*In case of the events above mentioned, the
Vice-President shall become president for the
unexpired term
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Executive Privilege
The right of the President and high-level
executive branch officers to withhold
information from Congress, the courts, and
ultimately the public. This governmental
privilege against disclosure is recognized with
respect to state secrets bearing on military,
diplomatic and similar matters.
It is based upon public interest of such
paramount importance as transcending the
individual interest of a private citizen, even
though, as consequence thereof, the plaintiff
cannot enforce his legal rights.
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Impoundment
Refers to the refusal of the President,
for whatever reason, to release the funds
appropriated by congress. It is a failure to
spend or obligate the budget authority of any
type.
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Powers of the President
1. Ordinance Power
2. Power of Appointment
3. Executive Clemency
4. Commander-in-Chief Powers
5. Residual Powers
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Residual Powers
The 1987 constitution provides, unless
otherwise provided by Congress, the President
shall exercise other powers and functions
vested in the President which are provided for
under the laws and which are not specifically
enumerated.
Residual power is founded on the duty
of the President as steward of the People.
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Midnight Appointments
2 months immediately before the next
presidential elections, and up to the end of his
term, a president shall not make appointments,
except (1) temporary appointments to
executive positions, (2) when continued
vacancies therein will prejudice public service
or endanger public safety.
In Re Valenzuela the court held that the
constitutional provision on midnight
appointments which prohibits the president
from making appointments 2 months before the
next presidential elections, precedes the
constitutional provision on Article VIII of the
constitution which requires the filling of
vacancies in the Court within 3 months. Thus,
the filling of vacancies in the court is required
within the time frame provided unless
prohibited by Article VII, Section 15.
In De Castro v. JBC, the Court reversed
its ruling in In Re Valenzuela. The court held
that the ban on midnight appointments does
not extend to the Supreme Court. That Section
9, Art. VIII exempts judicial appointments from
the prohibition on Section 15, Article VII of the
Constitution.
In De Rama v. CA, the court held that
the constitutional prohibition on midnight
appointments apply only to the President.
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Ad-interim Appointments
This kind of appointment is made during
the recess of Congress. The appointee can
take his post right away. It is a complete and
permanent appointment that lasts until it is
disapproved by the CoA, or until the next
adjournment of Congress, unless in the
meantime the Commission confirms it.
Temporary Appointments
temporary appointment is defined as
"one made in an acting capacity, the essence
of which lies in its temporary character and its
terminability at pleasure by the appointing
power." Thus, the temporary appointee accepts
the position with the condition that he shall
surrender the office when called upon to do so
by the appointing authority. The termination of
a temporary appointment may be with or
without a cause since the appointee serves
merely at the pleasure of the appointing
authority.
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Executive Clemency
Refers to Reprieve, Absolute Pardon,
Conditional Pardon with or without parole
conditions, and Commutation of Sentence as
may be granted by the President
Reprieve refers to the deferment of
implementation of sentence for an interval of
time. It does not annul the sentence but merely
postpones or extends its execution.
Absolute Pardon refers to the total
extinction of criminal liability of the individual to
whom it is granted without any conditions. It
restores his civil and political rights, and remits
the penalty imposed for the offense of which he
is convicted.
Conditional Pardon refers to the
exemption of an individual, within certain limits
or conditions, from punishment imposed by law
for the offense he committed resulting to partial
extinction of his criminal liability.
 Commutation of Sentence refers to
the reduction of the duration of a prison
sentence of prisoner
Parole refers to the conditional release
of an offender from a correctional institution
after he has served the minimum of his prison
sentence
Amnesty is a sovereign act granting
oblivion or general parole for past acts. It is
granted by the government generally to a class
of persons who are subject to trial and have
not been convicted, usually for political
offenses such as rebellion, sedition or treason.
Probation involves a disposition under
which the defendant, after conviction and
before serving sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
Pardon Amnesty
Granted for common Granted for political
crimes crimes
Individuals Group, class or
community
After conviction Even before trial
Looks forward and Looks backward and
relieves the abolishes & puts into
consequences of an oblivion the offense
offense itself
Private act by the Public act by the
President President and
Congress
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Commander-in-Chief Powers
1. Call out the Armed Forces
2. Suspend the privilege of writ of
habeas corpus
3. Declare martial law.
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Qualified Political Agency Doctrine / Alter
Ego Doctrine
The doctrine of qualified political agency
essentially postulates that the heads of the
various executive departments are the alter
egos of the President, and, thus, the actions
taken by such heads in the performance of
their official duties are deemed the acts of the
President unless the President himself should
disapprove such acts.
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Control of executive departments
(Sec. 17, Article VII)
The President shall have control of all
the executive departments, bureaus, and
offices. He shall ensure that the laws be
faithfully executed.
The president is the head of the
government. Governmental power and
authority are exercised and implemented
through him. His power includes the control of
executive departments. The President can, by
virtue of power of control, review, modify, alter
or nullify any action or decision of his
subordinate in the executive departments,
bureau or offices under him.
The presidential power of control over
executive branch of government extends to all
executive employees from cabinet secretary to
the lowliest clerk.
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Writ of Habeas Corpus
An order from the court directed to a
person detaining another, commanding him to
produce the body of the detained person in his
custody at a designated date, time and place,
and to explain the cause of detention.
Purpose: to protect the right to liberty
- Produce the body and check
the validity of the arrest
Writ of Amparo
Amparo means “protection”
 It is a remedy available to any person
whose right to life, liberty and security is
violated or is threatened.

Protection against:

1. Enforced disappearance
(desaparecidos); actual or threatened
2. Extrajudicial killings; actual or
threatened

There is participation of the government

is compelled however the burden of proof is
upon the petitioner

Includes

1. Temporary restraining order

2. Inspection order
3. Production order
4. Witness protection order