Executive and Judiciary lesson about the beanch of the government
- 1. Executive and Judicial Branch of the Philippines
- 2. Executive Department Sec.1 • The executive power shall be vested in the President
- 3. Section 2 • No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, Abel to read and write, atleast 40 years of age on the day of election and a resident of the Philippines for atleast 10 years immediately preceding such election
- 4. Qualifications of a President • 1. Natural-born citizen of the Philippines 2. Atleast 40 years of age on the day of election 3. A registered voter 4. Able to read and write 5. Resident of the Philippines of at least 10 years immediately preceding such election
- 5. Problem • Juan Dela Cruz, wanting to run for Presidency, filed his Certificate of Candidacy and stated that he has all the qualifications and none of the disqualifications. Juana Change, a private citizen, filed petition to cancel the COC of Juan Dela Cruz on the ground of not being a registered voter on his place of residency which is Quezon City. Discuss the merits of the petition
- 6. Answer • The petition should be outrightly denied since the qualifications to run for Presidency requires such candidate to be a registered voter, regardless of the place where he currently resides and the place where he is a registered voter. Being a registered voter, Juan Dela Cruz has already complied with qualifications set by the Constitution.
- 7. Problem • A, filed his certificate of candidacy in the COMELEC to run for President stating that he has all the qualifications and none of the disqualifications. On the bottom part of the COC, instead of signing, A put his thumb mark to represent his signature because he does not know how to write his own name. Can A run for Presidency?
- 8. Answer • No, A cannot run for Presidency since he does not know how to write his own name which implies that he does not know how to write. One of the qualifications to run for Presidency is able to read and write which A clearly lacks. Hence, A cannot run for presidency.
- 9. Section 3 There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in the same manner, as the President. He may be removed from office in the same manner as the President. The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.
- 10. How to remove the President and VP from office??? • Through impeachment. Grounds for impeachment are the following: 1. Betrayal of Public Trust 2. Graft and Corruption 3. Bribery 4. Gross violation of the Constitution
- 11. Problem • Leni Robredo, being the VP, has been assigned by Duterte to be his cabinet secretary for National Housing Authority. Upon holding office, the Exceutive Secretary barred Leni Robredo from assuming office since there was a need for approval from the Commission fo Appointments. Decide the problem.
- 12. Answer • No, the Executive Secretary is incorrect since the designation of the VP does not need any confirmation from the Commission of Appointments.
- 13. Section 4 The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.
- 14. Term of the President and Vice-President • 6 years but the President cannot be re-elected after his 1st term while the Vice-President can run for 2 successive terms
- 15. Section 17 • The President shall have control of all the executive departments, bureaus and offices. He shall ensure that laws are faithfully executed
- 16. Problem • With the on-going corruption in the Court of Appeals, the President while in- talks with Chief Justice, being the one who has power to designate the judges and by pressure of thge people, decided to cleanse and shuffle the said collegiate court and investigate the anomalies for selling “TROs’ with the right price. Decide the matter.
- 17. Answer • No, the President is not correct since it will infringe the separation of powers of the Judiciary and the Executive branch. The President only has control over departments, bureaus and offices of the executive branch. Only the Supreme Court has the power to shuffle the Court of Appeals since it has direct control and direct supervision over it.
- 18. Section 18 The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus. The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion. During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.
- 19. Call out such armed forces • Grounds for calling out: 1. To suppress lawless violence; 2. Invasion; 3. Rebellion
- 20. In cases of invasion or rebellion • When public safety requires it, the President may suspends the privilege of the writ of habeas corpus not exceeding 60 days in the Philippines or any part thereof under martial law.
- 21. Within 48 hours • The President must report to the Congress in person or in writing within 48 hours from declaring martial law or suspending the privilege of the writ of habeas corpus.
- 22. Majority votes of the Congress • Voting jointly, the Congress upon majority votes of all of its members may revoke such declaration or suspension where such revocation cannot be set aside by the President. • Upon initiative of the President, the Congress, in the same manner above may extend such proclamation or suspension to be determined by the Congress if the invasion or rebellion will persist and public safety requires it
- 23. Duty of the Supreme Court • May review a petition filed by a private citizen of the sufficiency of the factual basis such declaration or suspension and must promulgate their decision within 30 dayss from filing of the petition.
- 24. Relate to Sec 23 of Art. 6 • Art. 6 Sec 23 states that: (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. (2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
- 25. THE JUDICIAL DEPARTMENT SECTION 1 • The Judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.
- 26. Problem • Can congress abolish the Supreme Court and the lower courts?
- 27. Answer • No with respect to the Supreme Court since it is a court established by the Constitution. However, the lower courts may be abolish by Congress since an enabling law establishes creation of lower courts.
- 28. Section 3 • The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.
- 29. Section 4 Paragraph 1 The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.
- 30. Justices of the Supreme Court has security of tenure • The Justices can only be removed through impeachment
- 31. Section 7 (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines. (2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar. (3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.
- 32. Qualifications of a Justice of the Supreme Court • 1. Natural-born citizen 2. Atleast 40 years of age 3. Must have been 15 for 15 years or more, a judge of a lower court or engaged in the practice of law in the Philippines. 4. A person of proven competence, integrity, probity and independence.