02 EXECUTIVE BRANCH

Question 1

Where is executive power vested?

Answer 1

President of the Philippines.

Art. VI.SECTION 1. The executive power shall be vested in the President of the Philippines.

Question 2

What are the qualifications of the President?

Answer 2

Qualifications
* Natural born citizen of the PH
* Registered voter
* At least 40 years of age on the day of the election
* Resident of the PH for at least 10 years immediately preceding such election
* Able to read and write

Question 3

How is the President elected?

Answer 3

President is elected by a direct vote of the people

Question 4

What is the term of the President?

Answer 4

President serves for a term of 6 years, without the benefit of re-election (except one who succeeded as President and served for 4 years or less)

Question 5

Term and qualifications of the Vice-president

Answer 5

The Vice President shall have the same qualifications and term of office as the President but may serve for not more than two successive terms.

Question 6

Functions of the vice-president

Answer 6

1. Serve as Acting President
2. Serve as President

Question 7

When does the VP serve as Acting President?

Answer 7

VP is Acting President under the following instances:
a. If the President-elect fails to qualify and until the latter shall have qualified
b. If a President shall not have been chosen and qualified.

The VP does not ascend to the presidency

Question 8

When does VP serve as President?

Answer 8

VP serves as President in any of the follwing instances:
a. If at the beginning of the term of the President, the President-elect shall have died or become permanently disabled;
b. In case of death, permanent disability, removal from office, or resignation of the President

Question 9

Privileges of the President

Answer 9

Presidential privileges:
1. Immunity from suit – pertains to the holder of the office only and for the duration of his tenure; may be waived by the President as wehn a counter-suit is filed
2. Executive privilege – power of Gov’t to withhold information from the public, the courts, and the Congress.

Question 10

Scope of presidential immunity from suit

Answer 10

Presidential immunity from suit pertains to the president himself or herself only. Hence, cannot be invoked by person who is no longer the President.

Immunity applies during the President’s tenure.

Question 11

Scope of Executive privilege

Answer 11

Executive Privilege:

Defined as: power of the Government to withhold information from the public, the courts and the Congress;

Not a personal privilege: Executive privilege is not a personal privilege, but one that adheres to the Office of the President

Kinds: (1) Presidential communication privilege; (2) Deliberative Process Privilege (and diplomatic process privilege)

Question 12

Define: Presidential communication privilege

Answer 12

Presidential communication privilege - pertains to communications, docuents or other materials that reflect presidential decision-making and deliberations that the President believes should remain confidential.

Question 13

Elements of presidential comunication privilege

Answer 13

Elements:
(a) Protected communication msut relate to a quintessential and non-delegable Presidential power;
(b) Authored or solicited and received by a close advisor to the President or the President himself (use two tests: operational proximity and the organization test)

Note: presidential communication privilege is a qualified privilege that may be overcome by showing of adequate need that the information sought only contains important evidence and by the unavailability of the information elsewhere by an appropriate investigating authority. [in Neri v. Sente, requisites were met: (i) power to secure foreign loans; (ii) cabinet-level adivser. Adequate need not shown].

Question 14

Operational proximity test and organization test in executive privilege

Answer 14

Operational proximity – whether or not the advisor has operational proximity with the President

Organization test – look at where the officer belongs in the organization

In determining which test to use, the main consideration is to limit the availability of executive privilege only to officials who stand proximate to the President, not only by reason of their function, but also by reason of their positions in the Executive’s organizational structure. HENCE: TWO TESTS

Question 15

3 types of privileges mentioned in Senate v. Ermita

Answer 15

1. State secrets privilege.
2. Informer’s privilege
3. Generic privilege for internal deliberations

Question 17

Disabilities and inhibitions (President, Vice-President, Cabinet, deputies and assistants)

Answer 17

Disabilities and inhibitions (President, Vice-President, Cabinet, deputies and assistants)

Shall not during their tenure:
- Hold any office or employment [See Civil Libertieis Union v. Executive Secretary]
-Directly or indirectly (i) practice any other profession, (ii) participate in any business, (iii) be financially interested in any contract with, or in any franchise or special privilege granted by the Government, including government owned or controlled corporations and their subsidiraries
-Receive any other emolument from Government or any other source

They shall avoid conflict of interest in their office

Question 18

Does the prohibition against holding dual or multiple offices include ex-officio offices?

Answer 18

No. The prohibition against holding dual or multiple offices under CONST Art VII S13 msut not be construed as applying to posts occupied by the Executive officials specified therein without additional compensation in an ex officio capacity as provided by law and as required by the primary functions of said officials’ office.

These posts do not comprise any other office within the contemplation of the ocnstituitonal prohibition but are properly an imposition of additional duties and functions on said officials.

Question 19

Definition of ex-officio

Answer 19

The term ex officio means form office; by virtue of office.

It refers to an authority dervied from official character merely, not expressly conferred upon the individual character, but rather annexed to the official position. Ex officio likewise denotes an act done in an official character, or as a consequence of office, and without any other appointment or authority than that conferred by the office. An ex-officio membe of a board is one who is a member by virtue of his title to a certian office, and without further warrant or appointment.

Question 20

What are the Executive Powers of the President?

Answer 20

President’s Executive Powers:
1. Power to execute laws (faithful execution clause)
2. Power to make appointments
3. Power of control and supervision over the executive branch of government
4. Power of general supervision over local government units
5. Ordinance-making powers (Rev. Admin. Code)
6. Executive clemency

Question 21

What are the powers of a president that are integral to legislation?

Answer 21

President’s powers integral to legislation:
1. Veto power
2. Delegated authority (permissible delegation of legislative power; emergency powers; power to fix tariff rates etc.)
3. Other invtegrative powers: Power to address the legislature, power to certify bills as urgen, power to call special legislative session, power to prepare the annual budget and to submit the NEP to Congress

Question 22

Other powers of a president (not executive or integral to legislative)

Answer 22

Other powers (not exec or integral to legislative):
1. Commander-in-chief – civilian authority over the military authority, call out the armed forces, suspend the privilege of the writ of habeas corpus, declare martial law
2. Diplomatic powers – chief architect of foreign relations, power to enter into international agreements, power to ratify treaties

NOTE: Residual powers under Marcos v. Manglapus also but Ma’am GDV did not state

Question 23

Nature of Executive Power

Answer 23

President has the power to execute laws.

Executive power is generally defined as the power to enforce and administer laws; it is the pwoer of carrying the laws into practical oepration and enforcing their due observance.

Administrative power is concerned with the work of applying policies and enforcing as determined by proper governmental organs; it enables the President to fix a uniform standard of administrative efficiency and check the official conduct of his agents (by issuing administrative orders, rules and regulations).

Question 24

Single Executive Doctrine

Answer 24

With reference to the Executive Department of the government, there is onepurpose which is crystal-clear and that is, the establishment of a single, not plural, Executive.

ART. VI Sec. 1 CONST. provides, “The executive power shall be vested in a President of the Phillippines.”

This means that the President of the Philippines is the Executive of the Government of the Philippines, and no other. The heads of the executive departments occupy political positions and hold office in an advisory capacity, and “should be of the President’s bosom confidence,” “are subject to the drection of the President.”

Question 25

Explain the alter ego doctrine

Answer 25

Without minimizing the importance of the heads of the various departments, their personality is in reality but the projection of that of the President. Each head of a department is, and must be, the President’s alter ego in the mattes of that department where the President is required by law to exercise authority.

Secretaries of departments, of course, exercise certain powers under the law but the law cannot impair or in any way affect the constitutional power of control and direction of the President.

As a matter of executive policy, they may be granted departmental autonomy as to certain matters, but this is by mere concession of the executive, in the absence of valid legislation in the particular field.

Question 26

Parameters of the President’s power to appoint

Answer 26

Two kinds of appointments: (1) requiring consent of the Commission on Appointments; (2) do not require consent of the Commission on Appointments

With consent of CoA:
1. Heads of executive departments;
2. Ambassadors, other public ministers and consuls;
3. Officers of the armed forces from rank of colonel or naval captaion;
4. Other officers whose appointments are vested in him under the Constitution.

Without conset of the CoA:
1. All other officers whose appointments are not otherwise provided for by law
2. Those whom he may be authorized by law to appoint.

Limitations on appointment power:
1. Ban on midnight appointments - operates 2 months immediately before the next presidential elections and up to the end of his term
NOTE: ban on midnight appointments do not apply to temporary appointments to executive positions; judiciary; and when continued vacancies therein will prejudice public service or endanger public safety.

Question 27

Two types of appointments

Answer 27

Two types of appointments: Regular and ad interim

Regular appointment - one made by President while COngress is in session after the nomination is confirmed by the Commisison on Appointment and continues until the end of the term;

Ad interim appointment - one made by th President whle Congress is not in session, before the confirmaiton by the Commission on Appointments, is immediately effective and ceases to be valid if disapproved or bypassed by the Commission on Appointments upon the next adjournment of Congress. It is a permanent appointment.

NOTE: This classification only applies to the categories of appointments made by the President under Art VII Sec. 16 requiring confirmation by the Commission on Appointments.

Question 28

President’s control over the executive department

Answer 28

As head of the Executive Department, the Presient is the Chief Executive, representing the government as a whole and sees to it that all laws are enforced by the officials and employees of his department.

The President has control over the executive department, bureaus and offices and has the authority to assume directly the functions of the executive department, bureau and office or interfere with the discretion of its officials.

Corollary to the power of control, the President also has the duty of supervising the enforcement of laws for the maintenance of general peace and public order and is granted administrative power over bureaus and offices under his control to enable discharge of duties effectively.

Question 29

Scope of control

Answer 29

Control includes
1. Act directly whenever a specific function is entrusted by law or regulation to a subordinate
2. Direct the performance of dut
3. Restrain the commission of acts
4. Review, approve, reverse, modify acts and decisions of subordinate officials or units
5. Determine priorities in the execution of plans and programs
6. Prescribe guidelines, plans and programs
7. Reorganization (transfer of unit, transfer of functions, abolish, consolidate or merge units)

Question 30

President’s general supervison over local government units

Answer 30

Includes the authority to ensure that LGUs are operating and acting in accordance with law and not ultra vires

Question 31

President’s emergency powers

Answer 31

(1) Article VI Sec. 23 (2) – delegated by congress at times of national emergency or war –> 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 powrs shall cease upon the next adjournmnt thereof.

(2) Article XII, Sec. 17 – take-over power –> In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or buinsess affected with public interest.

(3) Article VI, Sec. 26(1) – power to certify bills as urgent to meet an emergency –> No bill passed by either House shall beomce a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passag, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

Question 32

Requisites for the grant of emergency powers

Answer 32

Requisites for the grant of emergency powers
1. Generally, Congress is the repository of emergency powers. This is evident in the tenor of Section 23(2), Article VI authorizing to delegate such powers to the President.
2. However, knowing that during grave emergencies, it may not be possible or practicable for Congress to meet and exerci its powers, the Framers of our COnstitution deemed it wise to allow Congress to grant emergency powers to the President, subject to certain coinditions, thus:
(a) There must be a war or other emergency;
(b) The delegation msut be for a limited period only;
(c) The delegation must be subject to such restrictions as the Congress may prescribe; and
(d) The emergency powers must be exercised to carry out a national policy declared by Congress.

Question 33

Definition of emergency

Answer 33

Emergency:
1. Emergency, as a generic term, connots the existence of conditions suddenly intensifying the degree of existing danger to life or well-being beyond that which is accepted as normal. Implicit in these definitions are the elements of intensity, variety, and perception.
2. Emergencies, as perceived by legislature or executive in the United States have been occasioned by a wide range of situations, classifiable under three principal heads: (a) economic, (b) natural disaster, and (c) national security.
3. Emergency as contemplated in our Constitution, is of the same breadth. It may include rebellions, economic crisis, pestilence or epidemic, typhoon, flood, or other similar catastrophe of nationawide proportions or effect.

Question 34

the President as the Commander-in-Chief (relationship with AFP)

Answer 34

The Constitution reposes final authority, control, and supervision of hte AFP to the President, a civilian who is not a member of the AFP, whose duties as commander-in-chief represent only a part of the organic durites imposed upon the office, the other functions being civil in nature.

Outside explicit constitutional limitations, such as those found in Sec. 5 Article XVI, the commander-in-chief clause vests on the President, as commander-in-chief, absolute authority over the persons and actions of the members of the armed forces. Such authority includes the ability of the President to restrit the travel, movement and speech of military officers, activities which may otherwise be sanctioned uner civili law. (Gudani v. Senga)

Question 35

What are the commander-in-chief powers?

Answer 35

Commander-in-chief powers:
1. Power to call out the armed forces - for the prevention or suppression of lawless violence, invasion or rebellion (IBP v. Zamora, Kulayan v. Tan)
2. Power to suspend the privilege of the writ of habeas corpus - in case of invasion or rebellion, when the public safety requires it;
3. Power to declare martial law - in case of invasion or rebellion, when the public safety requires it

Question 36

Parameters of the president’s power to suspend the privilege of the writ of habeas corpus?

Answer 36

Suspension of the privilege of the writ of habeas corpus:
1. Applies only to persons judicially charged of rebellion or offenses inherent in, or directly connected with, invasion
2. During suspension, any person thus arrested or detained shall be judicially charged within 3 days.

Question 37

Parameters of a state of martial law

Answer 37

State of martial law:
1. Does not suspend operation of the Constitution
2. Does not supplant functioning of courts or legislature
3. Does not confer jurisdiction on military courts and agencies over civilians
4. Does not automatically suspend the privilege of the writ of habeas corpus

Question 38

Limitation on the President’s power to suspend the privilege of the writ of habeas corpus/declare martial law

Answer 38

Limitations:
1. There must be an actual invasion or rebellion and the public safety requires the declaration or suspension;
2. The duration of the proclamation shall not exceed 60 days;
3. Within 48 hours, the President shall report (in person or in writing) his actin to Congress. If Congress is not in session, it must convene within 24 hours (Fortun v. Ampatuan; Padilla v. Congress)
4. Congress may by majority vote of all its members voting jointly, revoke the proclamation and the President cannot set aside that revocation;
5. The President cannot set aside the Congress’ revocation of his proclamation or suspension;
6. The President canot by himself extend the proclamation or suspension;
7. By the same vote and in the same manner, upon initiative of the President, COngress may extend the proclamation if the invasion or rebellion is continuing and the public safety requires the extension;
8. The SUpreme Court may review the factual sufficiency of the proclamation and must decide the case within 30 days from the time it was filed (lansang v. Garcia); and
9. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the COnstitution. It does not supplant the functioning of civil courts and of Congress. Military courts have no jurisdiction over civilians whre civil courts are able to functions (David v. Macapagal-Arroyo)
10. Suspension of thge writ applies only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion. Finally, during the suspension of the privilege of the writ, any person arrested or detained should be judicially charged witin 3 days, otherwise released.

Padilla v. Congress - Congress is required to convene only if it will re

Question 39

What are the acts of the President which is an exercise of executive clemency?

Answer 39

Power to extend executive clemency (except in cases of impeachment)
1. Reprieves
2. Commutation
3. Pardon
4. Remit fines and forfeitures
5. Amnesty (with concurrence of a majority of all the Members of the Congress)

Question 40

Define reprieve, commutation and pardon, and differentiate one from the others.

Answer 40

Reprieve is a postponement of the execution of sentence to a day certain;
Commmutation is a remission of part of the punishment, a substitution of less penalty for the one originally imposed;
A pardon is an act of grace, proceeding from the power entrusted with the execution of laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.

Question 41

What are the instances in which the President cannot extend pardon?

Answer 41

The only instances in which the President may not extend pardon remain to be in: (1) impeachment cases; (2) cases that have not yet resulted in a final conviction; (3) cases involving violations of election laws, rules nad regulations in whihc there was no favorable recommendation coming from the COMELEC. Any act of Congress by way of statute cannot operate to delimi the pardoning power of the President.

The President also cannot pardon members and employees found guilty by the SUpreme Court in administrative cases because it will encroach upon the exclusive power of administrative supervision of the Supreme Court over them.

Question 42

Distinguish pardon and amensty

Answer 42

Pardon and Amensty Distinguished
1. Pardon is a private act and must be pleaded and proved by the person pardoned; while amnesty is a public act of which courts can take judicial notice;
2. Pardon does not require the concurrence of Congress, while amnesty requires the concurrence of COngress;
3. Pardon is granted to individuals, while amnesty si granted to classes of person or communities;
4. Pardon may be granted for any offense; while amnesty is granted for political offenses;
5. Pardon is granted after final conviction, while amnesty may be granted at any time;
6. Pardon looks forward and relieves the offender from the consequences of his offense, while amnesty looks back ward and the person granted it stands before the law as though he had committed no offense

Question 43

Can a convict reject a pardon granted by the President?

Answer 43

Yes, the person may reject the pardon. Acceptance is essential to complete the pardon and the pardon may be rejected by the person to whom it is tendered, for it may inflict consequences of greater disgrace than those from which it purports to offer relief.

Question 44

Does the power of the President to grant executive clemency extend to administrative penalties?

Answer 44

Yes. The power of executive clemency extends to administrative cases. IN granting the power of executive clemency upon the President, the Constitution does not distinguish between criminal and administrative cases.

Question 45

May the President authorize the Executive Secretary to grant executive clemency?

Answer 45

No. The power to grant executive clemency is a quintessential power and non-delegable.

Question 46

The president’s power pertaining to foreign relations

Answer 46

Presidential powers on foreign relations:
1. Conduct of foreign relations
2. Receive foreign diplomatic agents, appoint and send out the state’s diplomatic agents
3. Negotiate, execute and ratify treaties and international agreements

Question 47

Can the President be compelled to transmit a treaty to the Senate for concurrence?

Answer 47

No. The transmittal of a treaty to the Senate is not a ministerial act of the President. Hence, the president cannot be compelled to do so.

Question 48

Explain the president’s power to conduct foreign relations?

Answer 48

As the sole organ of our foreign relations an the constitutionally assigned cheif architect of our foreign policy, the President is vested with the exclusive power to conduct and amange the country’s interface iwth other states and governments.

Being the principal representative of hte Philippines, the Chief Executive speaks and listens for the nation; initiates, maintains, an develops diplomatic relations with other states and governments; negotiates and enters into international agreements; promotes trade, investments, tourism and other economic relations; and settles international disputes with other states.

Question 49

What are the limitations on the President’s power to conduct foreign relations?

Answer 49

The rule does not imply that the President is given carte blanche to exercise this discretion. ALthough the Chief Executive wields the exclusive authority to conduct our foreign relations, this power must still be exercised within the context and parameters set by the Constitution, as well as by existingh domestic and international laws. The Supreme Court previously enumerated the following constitutional restrictions to the President’s foreign affairs powers:
1. The policy of freedom from nuclear weapons within Philippine territory
2. The fixing of tariff rates, import and export quotas, tonnage and wharfage dues, and other duties nad imposts, which must be pursuant to the authority granted by Congress;
3. The grant of any tax exemption, which must be pursuant to a law concurred in by a majority of all the Members of Congress;
4. The contracting or guaranteeing, on behalf of the Philippines, of foreign lonas that must be previously concurred in by the Monetary Board;
5. The authorization of the presence of foreign military bases, troops, or facilities in the country must be in the form of a treaty duly concurred in by the Senate; and
6. For agreements that do not fall under paragraph 5; the concurrence of the Senate is required, should the form of the government chosen be a treaty.

In addition to treaty-making, the President also has the power to appoint ambassadors, other public ministers, and consuls; receive ambassadors and other public ministers duly accredited to the Philippines; and deport aliens.

Question 50

Executive agreement vs. treaties vs. international agreements

Answer 50

Executive agreements
1. defined as international agreements embodying adjustments of detail carrying out well-established national policies and traditions and those involving arrangements of a more or less temporary nature;
2. executive agreement can cover a wide array of subjects that have various scopes and purposes
3. their validity and effectivity are not affected by a lack of Senate concurrence
4. executive agreements merely involve arrangements on the implementation of existing policies, rules, laws, or agreements. They are ocncluded (a) to adjust the details of a treaty; (b) pursuant to or upon confirmation by ana ct of the Legislature; or (c) in the exercise of the President’s independent powers under the Constitution. The raison d’etre of executive agreements hinges on prior constitutional or legislative authorizations.

Treaties
1. Treaties are formal contracts between the Philippines and other States-parties, which are in the nature of international agreements, and also of municipal laws in the sense of other binding nature; they are formal documents which require ratification with the approval of two-thirds of the Senate.

International Agreements
1. Internaitonal agreements involving political issues or changes of national policy and those involving international arrangements of a permanent character usually take the form of treaties. But international agreements embodying adjustments of detail carrying out well-established national policies and traditions and those involving arrangements of a more or less tmeporary nature usually take the form of executive agreements.