EXECUTIVE POWERS _Constitutional Law 1

Final Exams _ 401

Exe uti!e "e#a$tment Headed by the President of the Philippines Qualifications (Sec 2 Article 7) 1. atural ! born "ilipino 2. #egistered $oter %. Able to read and &rite '. At least forty ('() years of age on the day of the elections ). #esident of the Philippines for at least ten (1() years i**ediately preceding such elections Qualifications for President and +ice,President are the sa*e and no la& shall be enacted to change- increase such .ualifications unless a*end*ent to the /onstitution is passed Sec ' Art 7 0lections shall be conducted e$ery 2nd 1onday of 1ay2 e$ery si3 (4) years of &hich President and +ice President are to be elected at large or $oted upon by all registered $oters in the Philippines #A 5165 e$en states the inclusion of "ilipinos residing abroad Can!assin% o& Ele tion Retu$ns /an$assing of $otes are $ested to the /ongress as &ell as the procla*ation of its &inners 0lection returns as $erified-certified by the 7oard of /an$assers per Pro$ince shall be trans*itted to the /ongress2 addressed to the Senate President 8ithin thirty (%() days2 the certificates shall be opened by the Senate President in the presence of the Senate and the House of #epresentati$es inn a 9oint session :hose &ho garnered the *ost nu*ber of $otes shall be proclai*ed by /ongress ;n case of a tie2 *a9ority $ote of /ongress2 $oting separately shall decide the &inner of the President and the +ice,President :he Supre*e court2 sitting en banc shall be the sole 9udge of all contests relating to the election2 returns and .ualifications of the President or +ice President and *ay pro*ulgate its rules for the purpose Supre*e /ourt en banc shall then transfor* itself into Presidential 0lectoral :ribunal Ho&e$er disputes &hich arise during the elections shall be resol$ed by the /o*elec en banc Te$m :he president and the $ice president shall ser$e for si3 (4) years &hich shall co**ence on the noon of <une %(th follo&ing their elections and shall hold office until noon of <une %(2 4 years thereafter :he president shall not be eligible for any reelection Any person &ho ha$e ser$ed for at least four (') years after succeeding Presidential seat shall not be .ualified for election of the sa*e office at any ti*e ;f the president is not allo&ed for re,election2 the +ice President ho&e$er is allo&ed gi$en that he *ust not ser$e for t&o (2) consecuti$e ter*s 7efore the President and +ice President assu*es office2 they are re.uired to ta=e >ath of >ffice P$esi'ential Su ession Section 7 (presidential succession before president assu*es office) and Section 6 (presidential succession after president assu*es office) Article 7 Section 72 Article 7 Section 7. :he President,elect and the +ice President,elect shall assu*e office at the beginning of their ter*s. ;f the President,elect fails to .ualify2 the +ice President,elect shall act as President until the President,elect shall ha$e .ualified. ;f a President shall not ha$e been chosen2 the +ice President,elect shall act as President until a President shall ha$e been chosen and .ualified. ;f at the beginning of the ter* of the President2 the President,elect shall ha$e died or shall ha$e beco*e per*anently disabled2 the +ice President,elect shall beco*e President. 8here no President and +ice,President shall ha$e been chosen or shall ha$e .ualified2 or &here both shall ha$e died or beco*e per*anently disabled2 the President of the Senate or2 in case of his inability2 the Spea=er of the House of #epresentati$es2 shall act as President until a President or a +ice,President shall ha$e been chosen and .ualified. :he /ongress shall2 by la&2 pro$ide for the *anner in &hich one &ho is to act as President shall be selected until a President or a +ice,President shall ha$e .ualified2 in case of death2 per*anent disability2 or inability of the officials *entioned in the ne3t preceding paragraph. Situations &here +ice, President succeeds as acting,president 1. 8hen there is no proclai*ed president yet 2. 8hen the president fails to .ualify (until such ti*e president ha$e been .ualified)

Page | 1

EXECUTIVE POWERS _Constitutional Law 1

Final Exams _ 401

Situations &here +ice,President ta=es o$er Presidential Seat 1. ;f the president has died or ha$e beco*e per*anently disabled ?pon the $acancy of the position of the $ice presidency2 Sec 5 of the /onstitution is applicable. ?pon the $acancy in the position of the $ice president2 the president *ay no*inate one person fro* the /ongress &ho shall assu*e as $ice president upon confir*ation by *a9ority $otes of all *e*bers of both houses $oting separately ;n the absence of a president and $ice,president2 the Senate President shall be the acting president or in his absence the spea=er of the house until the president or the $ice president ha$e been .ualified Sec 4 Art 7 (Situations &here the Senate President or in his absence the spea=er of the house shall be the acting president) ;f both ha$e not been chosen yet ;f both ha$e been .ualified ;f both died ;f both ha$e beco*e per*anently disabled ;f upon co**ence*ent of office2 the President and the +ice,President ha$e died or beca*e per*anently disabled2 A Special 0lection shall be conducted as go$erned by Section 1( Art 7 The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call The bill calling such special election shall be deemed certified under paragraph !, "ection !#, $rticle V% of this Constitution and shall become law upon its approval on third reading by the Congress $ppropriations for the special election shall be charged against any current appropriations and shall be exempt from the re&uirements of paragraph ', "ection !(, $rticle V% of this Constitution The convening of the Congress cannot be suspended nor the special election postponed )o special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election ;f the $acancies happen &ithin 1( mont)s #$io$ t)e next ele tion then there is no need for a special elections ;f there is an acting president2 the $ice,president ho&e$er does not allo& another acting $ice president ;n the absence of the abo$e*entioned officials2 the /ongress shall enact a la& to appoint so*eone as acting President Section 6 Article 7 Section 6. ;n case of death2 per*anent disability2 re*o$al fro* office2 or resignation of the President2 the +ice, President shall beco*e the President to ser$e the une3pired ter*. ;n case of death2 per*anent disability2 re*o$al fro* office2 or resignation of both the President and +ice,President2 the President of the Senate or2 in case of his inability2 the Spea=er of the House of #epresentati$es2 shall then act as President until the President or +ice, President shall ha$e been elected and .ualified. :he /ongress shall2 by la&2 pro$ide &ho shall ser$e as President in case of death2 per*anent disability2 or resignation of the Acting President. He shall ser$e until the President or the +ice,President shall ha$e been elected and .ualified2 and be sub9ect to the sa*e restrictions of po&ers and dis.ualifications as the Acting President. /ases &here the president ha$e died2 been per*anently disabled2 re*o$ed fro* office or resigned then the +ice President shall beco*e the President of the republic 8hen both the President and the +ice President are absent then the a special election shall be conducted (Sec 1( Art 7)

Page | 2

Sec 112 Article 7 Situations &here the $ice,president shall act as the acting president 8hen before co**ence*ent the president has not been chosen 8hen before co**ence*ent the president is not .ualified 8hen the president sub*its to the Senate President or Spea=er of the House a &ritten declaration that he is unable for the *eanti*e to perfor* his duties as president 8hen *a9ority of the *e*bers of the /abinet &ill send to the Senate President and the spea=er of the house a &ritten declaration that the president is unfit to discharge his functions as President. Thereafter, when the President transmits to the President of the "enate and to the "peaker of the *ouse of +epresentatives his written declaration that no inability exists, he shall reassume the powers and duties of his office ,eanwhile, should a ma-ority of all the ,embers of the Cabinet transmit within five days to the President of the "enate and to the "peaker of the *ouse of +epresentatives, their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the

EXECUTIVE POWERS _Constitutional Law 1

Final Exams _ 401

issue .or that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call. /f the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is re&uired to assemble, determines by a two-thirds vote of both *ouses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as President0 otherwise, the President shall continue exercising the powers and duties of his office ?pon the procla*ation of &inners for President and +ice President2 before they resu*e office2 both are *andated to ta=e their respecti$e >ath of >ffice :he President li$es in 1alacanang as his-her official residence :he salaries of the president and the $ice,president cannot be decreased by /ongress during their ter*. :heir Salaries *ay ho&e$er be increased but shall only ta=e effect upon the ter*ination of their ter* of office Pri$ileges@ 1. ;**unity fro* Suit , :he president of the republic is i**une fro* suit. , /an be a$ailed of only by the incu*bent president and cannot be in$o=ed by the $ice, president or a for*er president (1strada vs $rroyo, 1strada vs 2isierto3 , 7asis is not ta=en fro* the /onstitution but only a *atter of public policy #estrictions Se tion 1*+ ;n case of serious illness of the President2 the public shall be infor*ed of the state of his health. :he *e*bers of the /abinet in charge of national security and foreign relations and the /hief of Staff of the Ar*ed "orces of the Philippines2 shall not be denied access to the President during such illness.

Page | %

Powe$s o& t)e P$esi'ent 1+ ,##ointin% Powe$s o& t)e P$esi'ent Aesignation ! process of adding so*e duties2tas=s or responsibilities to a person &ho is already occupying an office Appoint*ent ! selection of an authority $ested &ith po&er of an indi$idual to perfor* the functions of an >ffice Pe$manent (appointee possess all the &ualifications and eligibility re&uired of the office and thus en-oys security of tenure)2 Tem#o$a$- (appointee does not possess necessary &ualifications and4or eligibility re&uired of the office) #egular appoint*ent or ad interim appoint*ent $d interim appoint*ent go$erned by Sec 14 (2) Art 7 e3tended by the President &hen /ongress and /o**ission on Appoint*ents is in recess and thus &ould appear that appoint*ent precedes confir*ation by the /o**ission of appoint*ents appoint*ent being *ade shall re*ain $alid until disappro$ed by /o**ission on Appoint*ent ones it recon$enes or beco*es in$alid after ne3t ad9ourn*ent of co**ission on Appoint*ents if no action has been ta=en thereof or by,bust appoint*ent is good only if appoint*ent is disappro$ed2 then one can no longer be appointed in the sa*e position but is still .ualified for another position if oneBs ter* ceases to e3ist as by bust by the /ongress2 one can still be reappointed for the sa*e position #egular Appoint*ent 03tended by the President &hile /ongress is in session C "ec %5 $rt #, Commission on $ppointments is therefore convenedD Procedures in appoint*ent are strictly follo&ed &herein the President no*inates a person and the /ongress confir*s through the /o**ission on Appoint*ents Ser$es full ter* of appoint*ent

EXECUTIVE POWERS _Constitutional Law 1

Final Exams _ 401

Se tion 1.+ The President shall nominate and, with the consent of the Commission on $ppointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution (re.uires confir*ation of the co**ission on appoint*ents) *e shall also appoint all other officers of the 6overnment whose appointments are not otherwise provided for by law, and those whom he may be authori7ed by law to appoint The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. (does not re.uire confir*ation fro* /o**ission on Appoint*ents) "irst Sentence@ 03ceptions to Eofficers whose appointments are vested in him in this Constitution8 unless the constitution pro$ides other&ise (appoint*ent of 9udges of the S/ and lo&er courts2 +ice President as /abinet 1e*ber2 >*buds*an and his deputies Appoint*ents (*ade by the president) in acting capacity do not need appoint*ents fro* the /o**ission on Appoint*ents and are considered $alid Fi*itations (Article 7) Applicable only to the President and not to the local e3ecuti$es Sec 1% Prohibiting nepotis* or appoint*ent of spouse and the relati$es of the president by affinity or consanguinity &ithin the fourth ci$il degree Sec 1' appoint*ents *ade by the acting president shall be *ade $alid unless disappro$ed-re$o=ed by elected president &ithin ninety (5() days after it re,assu*es office Sec 1) &ithin t&o *onths i**ediately before the ne3t presidential elections and up to the end of his ter*2 a President or Acting President shall not *a=e appoint*ents2 e3cept te*porary appoint*ents to e3ecuti$e positions &herein continued $acancies therein &ill pre9udice public ser$ice or endanger public safety (midnight appointments3 they say that this is sub-ect to the exceptions on "ec ' and "ec 52 $rticle 9 (2e Castro vs :;C) 2. Cont$ol Powe$ (Sec 17 Art 7) Se tion 1/+ :he President shall ha$e control of all the e3ecuti$e depart*ents2 bureaus2 and offices. He shall ensure that the la&s be faithfully e3ecuted "irst sentence :al=s of the control po&er of the president2 &hereas the second sentence is the ta=e, care clause /ontrol Po&er of the president to alter2 *odify or substitute the 9udg*ent of his subordinateG and to direct a subordinate to perfor* an act and to undo an act or e$en to directly perfor* an act &hich is ought to be perfor*ed by a subordinate o :he president can reshuffle the positions of the cabinet. He has the po&er to re,organiHe *e*bers of the e3ecuti$e offices o /abinet *e*bers are considered the alter ego of the president &ho en9oys the trust and confidence of the president Aoctrine of Qualified Political Agency ! all other agencies-offices are ad9uncts to the e3ecuti$e office or office of the president and its heads are considered agents of the president such that their acts in the perfor*ance of their functions are considered acts of the president unless disappro$ed by the president hi*self (21)+ vs 21)+ %! 1mployees $ssociation) o 8hile the president ha$e control o$er the e3ecuti$e agencies2 the president only ha$e super$isory functions o$er local go$ern*ent units Super$ision Fess per$asi$e. 8hat is granted to the president is *erely the po&er to o$ersee the perfor*ance of the functions by his subordinates. >$erseeing functions of the subordinate o 2adule vs Court of $ppeals, Pimentel vs $guirre :a=e /are /lause :he president to ensure that Fa&s be faithfully e3ecuted o 0g creation of the truth co**ission by President oynoy 0+ 1ilita$- Powe$s Se tion 1(+ :he President shall be the /o**ander,in,/hief of all ar*ed forces of the Philippines 2 he is the the co**ander in chief e$enthough he does not ha$e any bac=ground on the *ilitary &hich presupposes or $alidates the doctrine that ci$ilian authority is al&ays superior than the *ilitary 1+ /alling out po&er President calls out the ar*ed forces to suppress any la&less actions2 in$asion or rebellion

Page | '

EXECUTIVE POWERS _Constitutional Law 1

Final Exams _ 401

/alling out po&er is discretionary on the part of the president but can still be re$ie&ed by the Supre*e /ourt in relation to deter*ining &hether there &as a gra$e abuse of discretion a*ounting to e3cess or lac= of 9urisdiction (/;P vs <amora) *+ Po&er of the President to declare 1artial Fa& Aeclaration of the president to call out the ar*ed forces to suppress in$asion or rebellion &hich is re.uired to ensure public safety Ho&e$er2 e$en if this is proclai*ed2 the president is not gi$en additional po&ers. He cannot direct &arrantless arrest and &arrantless searches Aeclaration or 1artial la& also does not necessarily *ean declaration of such in the entire country 0+ Po&er of the President to suspend the pri$ilege of writ of habeas corpus =rit of habeas corpus > issuance of the court co**anding a person detaining another to produce before the court the &ar* bodies of the person being detained. ;t is a &rit (legal action) that re.uires a person under arrest to be brought before a 9udge or into court. :he principle of habeas corpus ensures that a prisoner can be released fro* unla&ful detentionIthat is2 detention lac=ing sufficient cause or e$idence 8hen the president suspends the &rit of habeas corpus it *eans the suspension of the pri$ilege of the &rit itself. "iling and issuance is therefore not prohibited but only its enforce*ent +estrictions and conditions on the power of the president to declare martial law and suspend the privilege of the writ of habeas corpus? 8ill only co*e into play once there is in$asion2 rebellion and &hen public safety re.uires it (three conditions *ust be present) Should only be $alid for si3ty (4() days ?pon the initiati$e of the president this *ay be e3tended by /ongress upon *a9ority $ote of all its *e*bers in a 9oint session and $oting 9ointly as *uch as it *ay be re$o=ed 8ithin '6 hours upon suspension2 the president *ust *a=e a report either personally or in &riting to the congress. ;f congress is not in session2 they are *andated to con$ene &ithin 2' hours fro* such procla*ation &ithout need of a call /ongress is gi$en the po&er to re$o=e or suspend the declaration #e$ocation or suspension *ade by congress *ay not be disregarded by the President Supre*e /ourt is gi$en the po&er to re$ie& the sufficiency of the factual basis of the declaration of *artial la& or suspension of &rit of habeas corpus. S/ can ta=e cogniHance of the case once there is already a petition filed by any concerned citiHen. :hus any citiHen *ay .uestion the $alidity of such procla*ation and *ust be decided %( days fro* the filing of the case 0$en &here there is *artial la&2 suspension of &rit of habeas corpus is not auto*atic Suspension of pri$ileges of &rit of habeas corpus only applies to persons 9udicially charged of rebellion or any offense inherent in or connected &ith in$asion @and must be charged A days following their arrest or they shall be released +ebellion is a continuing offense and they can be conducted without a warrant of arrest3 :he constitution re*ains operati$e e$en during 1artial Fa& and that the ci$il courts should continue to function (the president as commander in chief of $.P has the power to create military courts4tribunals4 court marshalls shall have no -urisdiction over civilians even during ,arshall law3 right to bail is still available and cannot be denied 4+ Pa$'onin% Powe$s o& t)e P$esi'ent 3Sec 15 Art 7) Se tion 14+ 1xcept in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final -udgment *e shall also have the power to grant amnesty with the concurrence of a ma-ority of all the ,embers of the Congress Re#$ie!e ! postpone*ent of e3ecution of sentence Commutation ! a for* of e3ecuti$e cle*ency &herein penalty is reduced by the president (reduction of sentence) Pa$'on ! a for* of e3ecuti$e cle*ency &here the con$icted is no longer *ade to suffer the penalty2 sentenced to hi* #estrictions of Pardon Pardon is not to be gi$en in i*peach*ent cases or in other &ords to those i*peached fro* public office

Page | )

EXECUTIVE POWERS _Constitutional Law 1

Final Exams _ 401

Pardon cannot be granted to election offenses &ithout the confor*ity of />10F0/ Pardon can only be gi$en after con$iction Pardon cannot be gi$en to anyone charged in legislati$e conte*pt other&ise it &ill a*ount to legislati$e encroach*ent Pardon *ay not ser$e to &ipe out the ci$il liability Pardon &ill not ser$e to restore an office &hich &as created or forbidden $bsolute Pardon > pardon &ithout condition (also a Plenary Pardon) Conditional Pardon > presupposes the i*position of so*e conditions Plenary Pardon > ser$es to ta=e out the accessory penalties Partial Pardon ! not all accessory penalties are &iped out JJJreinstate*ent to office as a result of pardon can only be done if pardon is anchored on the innocence of the person (,onsanto vs .acturan0 convicted person cannot demand for reinstatement unless grant of pardon is anchored on his innocence3 Pardon &ill not obliterate offense co**itted. Plenary Pardon *ay ho&e$er gi$e the person the right to re,apply in his for*er office Pa$ole ! con$icted is gi$en te*porary liberty &hich is granted by the office of the presidentG person *ust also be re.uired to ser$e the *ini*u* i*posable penalty applying the indeter*inate sentence la& ,mnest to be concurred by the *a9ority of all the *e*bers of /ongress Airected to offenses &hich are political in nature (treason, rebellion, coup dBCtat3 A*nesty (in contrast to Pardon) Kranted to a group Aoes not re.uire e3press acceptance totally obliterates the offense P$o5ation ! 9udicial grant &hich does not re.uire prior sentenceG applicable to cases &here penalty i*posable is less than si3 years 6+ 7o$$owin% Powe$s 3Section 2( Article 7) 2 Po&er of the president to represent the go$ern*ent and act for and in behalf of the Ko$ern*ent of the Philippines to contract loans Condition? ,ust be with the prior concurrence of the ,onetary ;oard of the Philippines sub-ect to limitations as prescribed by law @part of the Central ;ank of the Philippines3 2 :he 1onetary 7oard is *andated to report to /ongress the borro&ings guaranteed by the go$ern*ent or any controlled o&ned go$ern*ent corporations. Such report is to be sub*itted &ithin %( days at the end of each .uarter of e$ery fiscal year 2 .+ "i#lomati Powe$s o t$eat- o$ inte$national a%$eement shall be $alid and effecti$e unless concurred in by at least t&o,thirds of all the 1e*bers of the Senate. 3Sec 21 Art 7) 2 03ecuti$e :reaty ho&e$er does not need the concurrence of /ongress 2 @Pimentel vs 1xecutive "ecretary3 :he president has the po&er to ratify treaties &hereas the SenateBs po&er is li*ited only in concurring. /+ 7u'%eta$- Powe$s o& t)e P$esi'ent Se tion **+ :he President shall sub*it to the /ongress2 &ithin thirty days fro* the opening of e$ery regular session as the basis of the general appropriations bill2 a budget of e3penditures and sources of financing2 including receipts fro* e3isting and proposed re$enue *easures. 2 :he office of the president prepares the budget of the ational go$ern*ent to be trans*itted to the /ongress (House of #eps) for the sponsoring of the bill specifically the Keneral Appropriations Act. 2 /ongress *ay decrease the a*ount proposed by the President but ne$er increase the said a*ount (+ In&o$mation #owe$ o& t)e P$esi'ent Se tion *0+ :he President shall address the /ongress at the opening of its regular session. He *ay also appear before it at any other ti*e. 2 the president ho&e$er cannot be co*pelled to *a=e an address at the opening session of the congress but it is ad$isable for hi* to gi$e his S> A to infor* the general public of the PhilippinesB situation JJJPo&ers of the President are not li*ited to those enu*erated in Article 7 Sec 1) Art 4 ! po&er of the president to call a special session of the /ongress in ti*es of e*ergency Sec 24 Art 4 ! po&er of the president to certify to the urgency of the enact*ent of a bill

Page | 4

EXECUTIVE POWERS _Constitutional Law 1

Final Exams _ 401

Sec 27 Art 4 ! +eto Po&er of the President Art 5 (c) Sec 1 (2) ! appoint*ent of President to /o*elec officials Art 5 (c) Sec 2 (6) ! po&er to discipline those deputiHed Sec 2% (2) Article 4 ! delegated e*ergency po&ers Sec 26 (2) Article 4 ! delegated tariff po&ers Case of ,arcos @Cory $&uino barred the entry of the body of ,arcos which was &uestioned in the "upreme Court Petitioner said that there was nothing in the constitution that gives the president the power to disallow the return of the body of the late Pres ,arcos "C however ruled that the enumeration of the powers of the President under the constitution are not mutually exclusive or more than the sum of the specific powers granted to the President by and in virtue of the Constitution The President may therefore exercise residual powers as long as they are executive in character Thus, "C upheld Pres CoryBs decision given that circumstances may result to political unrest3

Page | 7