Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CONSTITUTIONAL LAW 1 THEORY > ARTICLE VII - EXECUTIVE DEPARTMENT > Flashcards

ARTICLE VII - EXECUTIVE DEPARTMENT Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

T or F

The executive power shall be vested in the President of the Philippines

A

True. Art 7 Sec 1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

T or F
There is only one Chief Executive who directs and controls the entire executive branch, and all other executive officials must implement in good faith his directives and orders

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How many Philippine Presidents are there so far?

A

16.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Enumerate the all the presidents of the Philippines.

A
  1. Emilio Aguinaldo
  2. Manuel L Quezon
  3. Jose P Laurel
  4. Sergio Osmena
  5. Manuel Roxas
  6. Elpidio Quirino
  7. Ramon Magsaysay
  8. Carlos P Garcia
  9. Diosdado Macapagal
  10. Ferdinand Marcos
  11. Corazon Aquino
  12. Fidel Ramos
  13. Joseph Estrada
  14. Gloria Macapagal Arroyo
  15. Benigno Aquino III
  16. Rodrigo Duterte
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

T or F

There is one repository of executive powers and that is the President of the Republic

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

T or F

The powers of the President are not limited to what are expressly enumerated in the article on the Executive Department.

A

True. The powers are scattered throughout the Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

T or F
The President has unstated residual powers which are implied from the grant of executive power and which are necessary for the President to comply with his duties under the Constitution

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

T or F

The residual power of the President cannot be used to justify acts that are contrary to the Constitution and the laws.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the doctrine of executive immunity?

A
  • AKA Presidential Immunity from suit, it remains preserved in the system of government of the country even though not expressly reserved in the 1987 Constitution
  • There is no need to expressly provide for it in the Constitution or in the law
  • It attaches only during the entire tenure of the President
  • The President enjoys immunity from suit during his tenure or actual incumbency
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

T or F
The presidential immunity from suit makes no distinction with regard to the subject matter of the suit and applies whether or not the acts subject matter of the suit are part of his duties and functions as President.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

T or F

The presidential immunity extends to his alter egos.

A

False. It does not extend to his alter egos.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the rationale behind the presidential immunity from suit?

A

The rationale of the grant of the immunity from suit is to assure the exercise of Presidential duties and functions free from any hindrance or distraction considering that being the Chief Executive of the Government is a job that, aside from requiring all of the office holder’s time, also demands undivided attention.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

T or F

It will degrade the high office of the president if he can be dragged into court litigations while serving as such.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

T or F
It is important that the president be freed from any form of harassment, hindrance or distraction to enable him to fully attend to the performance of his official duties and functions.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

T or F

A non-sitting president invoke the doctrine of presidential immunity.

A

False. It exists only in concurrence with the president’s incumbency. It cannot be invoked even for acts committed during his or her tenure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Can the privilege of presidential immunity from suit be waived?

A

There is nothing in our laws that would prevent the President from waiving the privilege, thus if so minded he may shed the protection afforded by the privilege and submit to the court’s jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

T or F
The choice of whether to exercise the privilege or to waive the presidential immunity from suit is solely on the president’s prerogative.

A

True. It cannot be assumed and imposed by other persons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is executive privilege?

A

Executive privilege, whether asserted against Congress, the courts, or the public, is recognized only in relation to certain types of information of a sensitive character.

It is properly invoked in relation to specific categories of INFORMATION and not to categories of persons.

It is recognized with respect to information the confidential nature of which is crucial to the fulfillment of the unique role and responsibilities of the executive branch, or in those instances where exemption from disclosure is necessary to the discharge of highly important executive responsibilities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Who may invoke the executive privilege?

A

The President only, but he may authorize the Executive Secretary to invoke the privilege on his behalf, in which case he must state that the authority is “By order of the President” which means that he personally consulted with him.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

T or F
When an official is being summoned by Congress on a matter which, in his own judgment, might be covered by executive privilege, he must be afforded reasonable time to inform the President or the Executive Secretary of the possible need for invoking the privilege.

A

True. This is necessary in order to provide the President or the Executive Secretary with fair opportunity to consider whether the matter indeed calls for a claim of executive privilege.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

T or F
If, after a lapse of the reasonable time, neither the president nor executive secretary may invoke the executive privilege.

A

True. Congress is no longer bound to respect the failure of the official to appear before Congress and may then opt to avail of the necessary legal means to compel his appearance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

T or F
The ability of the President to prevent military officers from testifying before the Congress operates on his executive privilege.

A

False, it is based on his power as Commander in Chief.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

T or F

The president’s prerogatives as commander in chief are not hampered by the same limitations as in executive privilege.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

T or F
While executive privilege is a constitutional concept, a claim thereof may be valid or not depending on the ground invoked to justify it and the context in which it is made.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

T or F
A claim of executive privilege, being a claim of exemption from an obligation to disclose information, must be clearly asserted.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

T or F
A formal and proper claim of executive privilege requires a precise and certain reason for preserving their confidentiality.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What are the kinds of executive privilege?

A
  1. Presidential Communications privilege

2. Deliberate Process Privilege

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is presidential communications privilege?

A

It pertains to communications, documents or other materials that reflect presidential decision-making and deliberations and that the President believes should remain confidential.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are the elements of the presidential communications privilege?

A
  1. The protected communication must relate to a quintessential and non-delegable presidential power.
  2. (OPERATIONAL PROXIMITY) The communication must be authored or solicited and received by a close advisor of the President or the President himself. The judicial test is that an advisor must be in operational proximity with the President.
  3. The presidential communications privilege remains a qualified privilege that may be overcome by a showing of adequate need, such that the information sought likely contains important evidence and by unavailability of the information elsewhere by an appropriate investigating authority.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are quintessential and non-delegable presidential powers?

A
  1. Commander-in-chief
  2. Appointment and removal power
  3. The power to grant pardons and reprieves
  4. The sole-authority to receive ambassadors and other public officers
  5. Power to negotiate treaties, etc
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is deliberative process privilege?

A

It includes advisory opinions, recommendations and deliberations comprising part of a process which governmental decisions and policies are formulated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is the rationale behind deliberative process privilege?

A

Advice from a variety of individuals is an important element of the government’s decision making process and that the interchange of advice could be stifled if courts forced the government to disclose those recommendations, thus the privilege is intended to prevent the chilling of deliberative communications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Differentiate presidential communications privilege from deliberate process privilege.

A

Presidential communications privilege

  • applies to decision making of the President
  • rooted in the constitutional principle of separation of power and the President’s unique constitutional role
  • applies to documents in their entirety, and covers final and post-decisional materials as well as pre-deliberative ones

Deliberative process privilege

  • to decision making of executive officials
  • common law privilege
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What are the qualifications of a President?

A
  1. Natural born citizen of the Philippines
  2. A registered voter
  3. Able to read and write
  4. At least 40 years of age on the day of the election
  5. A resident of the Philippines for at least TEN (10) years immediately preceding the election.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What are the qualifications of a Vice President?

A
  1. Natural born citizen of the Philippines
  2. A registered voter
  3. Able to read and write
  4. At least 40 years of age on the day of the election
  5. A resident of the Philippines for at least TEN (10) years immediately preceding the election.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

T or F

The Vice President may not be appointed as a Member of the Cabinet

A

False, the VP may be appointed as such.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What is the role of the Vice President?

A

The Vice President is essentially a President in reserve, and has no other function than to assume office of President should a vacancy arise.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

T or F

Appointment of the VP as a member of the Cabinet requires confirmation.

A

False, confirmation not needed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

T or F

The appointment of the VP as a department head extended to him requires the consent of the Commission on Appointments.

A

False, no consent from CA needed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

T or F

The President is required to appoint the VP a cabinet position.

A

False, it depends on the President’s discretion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What is the term of office of the President and VP and when shall it commence?

A

6 year term, which shall commence at noon on the 30th day of June.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

T or F

A President may not be reelected.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

T or F
No person who has succeeded as President and has served as such for 3 years shall be qualified for election to the same office at any time.

A

False, 4 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

T or F

The President and the VP shall be elected by direct vote of the people.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

T or F

A VP may be reelected.

A

True, but limited only for two successive terms.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

T or F
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 the VP was elected

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What is the only instance wherein a VP who succeeds a President can run for reelection?

A

Only when the VP served for less than 4 years as President.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

When is the regular election for President and Vice President?

A

2nd Monday of May, unless otherwise provided by law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

When is the regular election for President and Vice President?

A

2nd Monday of May, unless otherwise provided by law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

T or F

Congress has the sole and exclusive authority to canvass the votes for the election of the President and VP.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

T or F

Congress has the sole and exclusive authority to canvass the votes for the election of the President and VP.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

What happens when two candidates receive equal votes?

A

One will be chosen and voted upon by MAJORITY vote of members of Congress, voting separately.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

T or F

The Congress shall promulgate its rules for the canvassing of candidates

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

T or F
The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of President or Vice President and may promulgate its rules for the purpose.

A

True. Presidential Electoral Tribunal (PET)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

T or F
If the President-elect fails to qualify, the VP-elect shall act as President until the President-elect shall have qualified.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

T or F
If a President shall not have been chosen, the VP-elect shall act as president until a President shall have been chosen and has qualified.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What happens when the President dies or has become permanently disabled at the beginning of the term?

A

The VP shall become the President

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

What happens when the President AND the VP chosen and qualified shall have died or become permanently disabled?

A

The President of the Senate, or if the PoS is unable to, the Speaker of the HoR shall Act as President until a President or VP shall have been chosen and qualified.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

T or F
The Congress shall, by law provide for the manner in which one who is to act as President shall be selected until a President or VP shall have qualified, in case of death, permanent disability or inability of the Senate President and House Speaker.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

T or F
In case of death, permanent disability, removal from office or resignation of the President, the VP shall become the President to serve the unexpired term.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

T or F
In case of death, permanent disability, removal from office or resignation of the President, the VP shall become the President to serve the unexpired term.

A

True.

61
Q

T or F
In case of death, permanent disability, removal from office or resignation of the President, the VP shall become the President to serve the unexpired term.

A

True.

62
Q

T or F
In case of death, permanent disability, removal or resignation of both President and VP, the President of the Senate or in case of his disability the Speaker of the House of Representatives shall act as President until the President or VP shall have been elected and qualified.

A

True

63
Q

T or F
The Congress shall by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President.

A

True

64
Q

Differentiate Section 7 and 8 of Article 7 of the Constitution.

A

Sec 7 - beginning of the term

Sec 8 - during incumbency

65
Q

T or F
The Congress shall, at 10am in the morning of the 3rd day after the vacancy in the offices of the President and VP occurs, convene in accordance with its rules without need of a call and within 7 days, enact a law calling for a special election to elect a President and a VP to be held not earlier than 45 days nor later than 60 days from the time of such call.

A

True.

66
Q

T or F

The convening of the Congress as mentioned in Sec 10 of Art 7 cannot be suspended nor the special election postponed.

A

True.

67
Q

What is the instance wherein no special elections should be called in cases of vacancy of the President and the VP?

A

No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election.

68
Q

T or F
Whenever the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the VP as acting President.

A

True.

69
Q

T or F
Whenever a majority of all members of the Cabinet transmits to the President of the Senate and to the Speaker of the HoR their written declaration that the President is unable to discharge the powers and duties of his office, the VP shall immediately assume the powers and duties of the office as acting president.

A

True.

70
Q

T or F
When the President submits a written declaration that no inability exists to the Senate President or HoR Speaker, President reassumes his office.

A

True

71
Q

T or F
If, within 5 days the Majority of the Cabinet submits a written declaration to the Senate President or HoR Speaker that the President is unable to discharge his/her functions, Congress shall decide.

A

True.

72
Q

T or F
In case of serious illness of the President, the public shall be informed of the state of his health, and the members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the AFP shall not be denied access to the President during such illness.

A

True

73
Q

What happens when there is a vacancy in the VP position?

A

Whenever there is a vacancy in the Office of the VP during the term for which he was elected, the President shall nominate a VP from among the members of the Senate and the HoR who shall assume office upon confirmation by a majority vote of all members of both Houses, voting separately.

74
Q

T or F
The President, VP, members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in the constitution, hold any other office or employment during their tenure. They shall not directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, and they shall strictly avoid any conflict of interest in the conduct of their office.

A

True.

75
Q

T or F
The spouse and relatives by consanguinity or affinity within the 4th civil degree of the President shall not, during his tenure, be appointed as member of the constitutional commission, office of the Ombudsman, Secretary or Undersecretary, or chairmen or heads of bureaus or offices, GOCCs including its subsidiaries.

A

True.

76
Q

What does ex officio position mean?

A

It means by virtue of office, and refers to an authority derived from official character merely, not expressly conferred upon the individual character, but rather annexed to the official position

77
Q

T or F

The VP may be appointed as member of the Cabinet.

A

True.

78
Q

T or F
Appointments extended by an Acting President shall remain effective unless revoked by the elected President within 90 days from his assumption or reassumption of office.

A

True.

79
Q

T or F
Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies will prejudice and endanger public safety.

A

True. Against midnight appointments.

80
Q

Why are midnight appointments prohibited?

A

It is because an outgoing President is duty bound to prepare for the orderly transfer of authority to the incoming President, and he should not do acts which he ought to know would embarrass or obstruct the policies of his successor.

An outgoing President should not deprive the new administration of an opportunity to make the corresponding appointments.

81
Q

T or F

The constitutional prohibition on midnight appointments applies to local chief executives.

A

False, it applies only to presidential appointments.

82
Q

There is midnight appointment when an appointment is made 2 months before the next presidential election. What dates must be taken note of in consideration of midnight appointments?

A
  1. Date of appointment letter
  2. Date of transmittal letter
  3. Date of receipt by Malacanang Records Office (MRO)
  4. Date of Oath of Office
  5. Assumption of Office.

All of these dates must be before 2 months of the next presidential elections.

83
Q

T or F

Midnight appoints applies to appointments to the judiciary.

A

No. The constitutional prohibition against midnight appointments does not refer to members of the Supreme Court.

84
Q

T or F
The President shall have control of all the executive departments, bureaus, and offices and he shall ensure that the laws are faithfully executed.

A

True.

85
Q

What is the primary function of the President?

A

To enforce laws and to formulate policies to be embodied in existing laws.

86
Q

What is the Presidential Power of Control?

A

It is defined as the power of the President to alter or modify or nullify or set aside what a subordinate officer has done in the performance of his duties and to substitute the judgment of the former with that of the latter.

87
Q

T or F

The presidential power of control extends to all government employees.

A

False, only to all executive employees.

88
Q

The constitutional provision on the presidential power of control is self-executing.

A

True.

89
Q

T or F

Congress can limit and curtail the President’s power of control over the Executive branch.

A

False, cannot limit or curtail

90
Q

T or F
The Legislature cannot validly enact a law that puts a government office in the Executive branch outside the control of the President.

A

True.

91
Q

T or F
The president’s power of control does not extend to quasi-judicial bodies whose proceedings and decisions are judicial in nature and subject to judicial review even if such bodies may be under administrative supervision of the President.

A

True.

92
Q

T or F

The Presidential power of control extends to LGUs

A

False. LGUs are merely under the general supervision of the President, and local autonomy is given premium.

93
Q

May the president delegate the Presidential power of control?

A

Yes, since he cannot exercise his power alone, he must delegate some to the Cabinet members.

94
Q

What is the Take Care power of the President?

A

It refers to the faithful execution clause as an obligation imposed on the president. One of the principal functions of the supreme executive is the responsibility for the faithful execution of the laws embodied by the oath of office.

95
Q

T or F
The president’s power to conduct investigations to aid him in ensuring the faithful execution of laws is inherent in the President’s power as the Chief executive.

A

True

96
Q

T or F

The president has the authority to carry out a reorganization of the executive branch.

A

True.

97
Q

T or F
Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated.

A

True.

98
Q

What is the doctrine of qualified political agency?

A

Aka “alter ego principle”, as the president cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to his Cabinet members.

99
Q

T or F
The doctrine of political agency provides that department secretaries are alter egos of the President and that their acts are presumed to be those of the latter unless disapproved or reprobated by him

A

True.

100
Q

T or F
The acts of the secretaries of departments performed and promulgated in the regular course of business are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief Executive.

A

True.

101
Q

T or F

The doctrine of political control extends to deputy executive and assistant deputy secretaries.

A

False. Does not extend

102
Q

What are the circumstances in which the Constitution requires the President himself to act personally?

A
  1. President may not delegate the authority to pardon prisoners.
  2. President himself must be the signatory of service agreements with foreign-owned corporations
  3. Authority to realign funds allocated to the implementing agencies
  4. Declaration of martial law and suspension of writ of habeas corpus
103
Q

T or F

Realignment authority to department secretaries is constitutional.

A

False. Realignment authority is exclusive to the President himself.

104
Q

T or F
Any directive by the President or any of his alter egos seeking to alter the wisdom of a law-conforming judgment on local affairs of a LGU is a patent nullity.

A

True.

105
Q

T or F
The President shall be 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.

A

True. Sec 18 Call out power of the President

106
Q

What are the extraordinary powers of the President?

A

Graduated based on scope and effect:

  1. Calling out of armed forces
  2. Suspending privilege of writ of habeas corpus
  3. Declaring martial law
107
Q

T or F
Among the three extraordinary powers of the President, the calling out power is the most benign and involves ordinary police power.

A

True.

108
Q

T or F

Invasion or rebellion alone may justify resort to the calling out power

A

True.

109
Q

T or F
Invasion or rebellion alone may justify resort to declaration of martial law and suspension of the writ of habeas corpus.

A

False. To be valid, there must be a concurrence of actual rebellion or invasion and the public safety requirement.

110
Q

T or F
In case of invasion or rebellion when the public safety requires it, he may, for a period not exceeding 60 days, suspend the privilege of writ of habeas corpus or place the Philippines or any part thereof under martial law.

A

True.

111
Q

What are the elements of rebellion?

A
  1. There is a public uprising
  2. Taking up arms against the Government
  3. The purpose of uprising or movement is either:
    a. to remove allegiance to said government or its laws the territory of the Philippines or any part thereof or any body of land, naval or other armed forces
    b. Deprive the Chief Executive or Congress, wholly or partially any of their powers or prerogatives.
112
Q

T or F
Within 24 hours from the proclamation of martial law or the suspension of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress.

A

True.

113
Q

T or F
In cases of declaration of martial law or suspension of the writ of HB, the Congress, voting jointly by a vote of at least a majority of all its members in a regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President.

A

True.

114
Q

T or F
The Congress has the prerogative to extend the martial law and the suspension of the privilege of the writ of habeas corpus as the Constitution does not limit the period for which it can extend the same.

A

True.

115
Q

T or F
For suspension/revocation of martial law, Congress needs to vote jointly by a vote of majority of all its members in regular or special session.

A

True.

116
Q

T or F
The manner by which Congress approved the extension of martial law and the suspension of the privilege of the writ of habeas corpus is a political question that is reviewable by the Supreme Court.

A

False, not reviewable by the SC.

117
Q

T or F
The Congress, if not in session, shall, within 24 hours following such proclamation or suspension of martial law, convene in accordance with its rules without need of a call.

A

True.

118
Q

T or F
The SC 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 or the writ of the extension thereof, and must promulgate its decision within 30 days from its filing.

A

True.

119
Q

T or F
The factual basis of the declaration of martial law or the suspension of the privilege of the writ of habeas corpus is not a political question, but precisely within the ambit of judicial review.

A

True.

120
Q

What is the only test for judicial review of declaration of martial law?

A

Test of sufficiency of factual basis.

121
Q

What are the parameters for determining sufficiency of factual basis?

A
  1. Actual rebellion or invasion
  2. Public safety requirement
  3. Probable cause for the President to believe there is an actual rebellion or invasion.
122
Q

T or F
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.

A

True.

123
Q

T or F
The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.

A

True.

124
Q

T or F
During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within 5 days otherwise he shall be released.

A

False, 3 days.

125
Q

T or F
Except in cases of impeachment, or as otherwise provided in the Constitution, the president may grant reprieves, commutations and pardons and remit fines and forfeitures after conviction by final judgment.

A

True. Sec 19

126
Q

T or F

The President has the power to grant amnesty with the concurrence of a majority of all members of the Congress.

A

True.

127
Q

T or F
No pardon, amnesty, parole or suspension of suspension of sentence for violation of election laws, rules and regulations shall be granted by the President without favorable recommendation of the COMELEC.

A

True.

128
Q

What are the 4 acts of executive clemency?

A
  1. Reprieves
  2. Commutations
  3. Pardons
  4. Remit fines and forfeitures

After conviction by final judgment

129
Q

What are the instances wherein the President may not extend pardon?

A
  1. Impeachment cases
  2. Cases that have not yet resulted in a final conviction
  3. Cases involving violations of election laws w/o favorable recommendation from COMELEC
130
Q

What is a pardon?

A

It is an act of grace which exempts the individual from the punishment the law inflicts for a crime he has committed.

It is private, though an official act of the President.

Pardon frees the individual from all the penalties and legal disabilities and restores to him all civil rights.

131
Q

T or F

The President can grant pardon in administrative cases as well.

A

True.

132
Q

What is amnesty?

A

Amnesty is a general pardon to rebels for their treason or other high political offenses or the forgiveness which one sovereign grants to the subject of another who have offended by some breach, the law of nations.

133
Q

Differentiate pardon and amnesty.

A

Pardon must be pleaded and proved and courts take no notice

Amnesty does not need to be pleaded and proved and courts take judicial notice.

134
Q

What is reprieve?

A

Reprieve is the temporary suspension of the execution of a sentence, especially of a sentence of death.

135
Q

What is commutation?

A

Commutation is a mere reduction of penalty and only partially extinguishes criminal liability.

It is a remission of a part of the punishment; a substitution of a less penalty for the one originally imposed.

136
Q

What is remission of fines and forfeitures?

A

It merely prevents the collection of fines or the confiscation of forfeited property; it cannot have the effect of returning property which has been vested in 3rd parties or money already in the public treasury.

137
Q

What is tax amnesty?

A

Tax amnesty is a general pardon or the intentional overlooking of the State of its authority to impose penalties on persons otherwise guilty of violation of a tax law.

It partakes of an absolute waiver by the government of its right to collect what is due it and to give tax evaders who wish to relent a chance to start with a clean slate.

138
Q

T or F

A tax amnesty is never presumed in law.

A

True.

139
Q

T or F
The President may contract or guarantee foreign loans on behalf of the Republic of the PH with prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law.

A

True. Sec 20.

140
Q

T or F

Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority.

A

True.

141
Q

T or F
No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of the Congress.

A

False, 2/3 of Senate.

142
Q

Who ratifies a treaty?

A

The power to ratify a treaty is vested in the President.

143
Q

T or F

Under international law, there is no distinction between treaty and international agreement.

A

True.

144
Q

What are the forms of international agreements?

A
  1. Treaties that require legislative concurrence after executive ratification
  2. Executive agreements similar to treaties, except that they do not require legislative concurrence and are usually less formal and deal with a narrower range of subject matters than treaties.
145
Q

T or F

Exchange of notes is considered as an executive agreement, which is binding on the State even without Senate concurrence

A

True.

146
Q

T or F

Treaties are superior to executive agreements

A

True,

147
Q

T or F

Treaties are products of the acts of the executive and the senate.

A

True.

148
Q

T or F

Executive agreements are solely executive actions.

A

True.

149
Q

T or F
The President shall submit to the Congress within 30 days from the opening of every regular session as the bases of the general appropriations bill a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

A

True. Sec 22

150
Q

T or F
The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.

A

True. Sec 23 Art 7

CONSTITUTIONAL LAW 1 THEORY (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions