Article VII 17-23 Flashcards
Ad interim appointments are also known as
temporary appointments
T/F. Collary power of the President is to remove appointments. However, members of the SC, members of the Constitutional Commissions, members of the Ombudsman, they can NOT be removed. The only way to remove them is through impeachments. Unless expiration of term.
True.
Two kinds of controlling powers mentioned in Section 17
- So-called control power.
- So-called take-care-clause power.
Control over executive departments, bureaus, and offices. Power of the president to modify, affirm, nullify or set aside what has been done by the subordinate. The subordinate to perform what the P wants him to do.
So-called control power.
Suppose that the president has doubts on the constitutionality of such laws, would he have the discretion NOT to execute those laws?
NO. It is not for the president to finally determine whether such law is unconstitutional. Determined only by the judiciary
The different heads of the executive department are the alter egos of the President. Whatever what has been done by the alter ego, the acts of this alter ego performed in the regular course of business, considered to be acts of the President himself, unless otherwise he disapproves or changes what the subordinate has done.
Doctrine of qualified political agencies
T/F. There is no absolute executive control over all of these alter egos or heads of bureaus and other offices.
True. The decision of the department heads, if there is a special procedure provided by law, if it does not need to go to the office of the President, that law should be complied with.
T/F. The P is the commander in chief of all AFP
True. See Section 18 or the military powers of the president
T/F. The P may call out the AFP for any purpose.
False. Only o prevent or suppress lawless violence, invasion, or rebellion
Two things P can do during an invasion or rebellion
- Declare Martial law
- Suspend the privilege of the writ of habeas corpus
T/F. Martial Law has a national effect
False. Effective throughout or a specific part of the PH
Two grounds for declaring martial law or suspension of the privilege of the writ of habeas corpus
- Invasion,when public safety requires it
- Rebellion, when public safety requires it
Max period of martial law or suspension?
Sixty days. Reaction to 1973 Constitution
T/F. Within 24 hours of the enactment of martial law or suspension of the privilege writ of habeas corpus, he must inform Congress about the report he made.
False. 48 hours
Two means to present report regarding martial law or suspension
- Personally appear
- In writing
Why does he have to inform congress?
Because the congress can, voting jointly of a majority of all members in regular or special session, MAY REVOKE the proclamation. Absolute majority.
If the Congress is not in session, does it waive the right to proclaim martial law as invalid
No. If Congress is NOT in session, it MUST convene within 24 hours.
Can the P appeal the revocation?
If Congress revokes, that revocation can NOT be set aside by the President. President cannot disapprove such.
Can the Congress extend martial law ON ITS OWN INITIATIVE?
NO. It must be initiated by the President.
T/F. Technically, request for extensions are unlimited
True. So long as the two requisites/grounds are met. I.e., invasion as public safety requires, rebellion as public safety requires
T/F. The Congress is given authority by the Constitution to act on any petition questioning the sufficiency of the factual basis of the proclamation of martial law, suspension of writ, or extension thereof.
False. SC. On Sufficiency and factual basis.
Can any citizen file?
Yes.
Article VIII has a provisions as to the period within which the different Courts have to render their decision vis a vis case against validity of Marial law
True. Within 30 days from filing. Urgency of the subject matter. ASAP
T/F. A state of martial law does NOT suspend the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorise 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.
True
T/F. The suspension of the privilege shall only to persons judicially charged for rebellion or in offences inherent or directly connected with the invasion
True
Is there a crime of rebellion?
Yes. It is defined in RPC.
Is there a crime of invasion?
NONE. E.g., Inherently connected… murder, physical injuries, arson, espionage.
What is the writ in question?
An Order directly person detaining another commanding that the person detained or imprisoned be presented to the Court on a given day. Show the cause of confinement.
Once the writ has been received by the person to whom the writ is directed, that person has to do the following four things:
- Return to the writ, that is, a response to the writ.
- If the return shows that the subject of the writ was arrested due to the allegations that he has committed rebellion or acts inherent or directly connected to the invasion, the grounds of the writ is in a place where he allegedly committed either of those offences.
- If the above is the case, the Supreme Court will no longer need any more hearings. This is the suspension.
- If the suspension is NOT in place, there will be proceedings regarding the continued detention of the person. See if it is lawful, if it has legal ground.
T/F. Even when there is suspension of the privilege of the writ, when a petition is filed, then the Court will as a matter of course still issue the writ EVEN if there is suspension
True.
Four non-effects of Martial Law
- Does not suspend the operation of the Constitution
- Not civil courts or legislative assemblies
- Not authorise jurisdiction of military courts where civil courts are able to function
- Not automatically suspend the privilege of the writ
Two kinds of pardon
absolute and conditional
T/F. Pardon can remove the civil fines that are awarded to the victim of the crime. Not a loss on the part of the state but a loss on the part of the victim.
False. Cannot.
T/F. When there is absolute pardon, it is not only the liberty or freedom from confinement is granted, but also the restoration of his civil and political rights
True
Four differences between pardon and parole?
- When the P grants parole to a convicted felon, he will be released from prison but will continue to be in the custody of the law
- When the P grants pardon to a convicted felon, complete restoration of civil and political rights.
- When the P grants absolute pardon, the convicted felon does not have the choice to
- When the P grants conditional pardon, the convict felon CAN accept or reject, granted if he thinks that the conditions of the pardon are harder than serving sentence
How is pardon different from probation?
Pardon is an executive act, a probation is a judicial act
Limitations of pardon
- Not cases in impeachment. Sui generis. Not criminal
- Only for those guilty by final judgment
- Convicted against election violations with favorable recommendations by the COMELEC
Five differences between pardon and amnesty?
- Pardon is not subject to legislature. Purely an executive act. Amensty is made with concurrence of the legislature. A majority of the members of ALL of the Congress.
- Amnesty is granted to those so called political offenders. Acts in violation of the sovereignty of the country. Pardon is granted to those who committed crimes against persons and property
- Amnesty looks backward– it will obliterate, delete whatever was committed. Pardon looks forward– remove consequence of the crime or offense that has been committed.
- Amnesty applies to classes or groups of individuals. Pardon applies only to specific individual.
- Pardon is not of judicial notice. Amnesty is of judicial notice– meaning to say that it is presumed that the Court knows it. No need to show any evidence proving amnesty.
Borrowing power of the president.
See Section 20:
1. Subject to the concurrence monetary board
2. And such limitations as may be provided by law
T/F. Executive agreements, if the president enters into executive agreements, it does not need concurrence with the Senate.
True. See Section 21
T/F. However, The P cannot enter an executive agreement that will set aside a law.
True. See Section 21.
T/F. The sole diplomatic figure is the Secretary of Foreign affairs.
False. It is the P
