ARTICLE VII - EXECUTIVE DEPARTMENT Flashcards
T or F
The executive power shall be vested in the President of the Philippines
True. Art 7 Sec 1
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
True.
How many Philippine Presidents are there so far?
16.
Enumerate the all the presidents of the Philippines.
- Emilio Aguinaldo
- Manuel L Quezon
- Jose P Laurel
- Sergio Osmena
- Manuel Roxas
- Elpidio Quirino
- Ramon Magsaysay
- Carlos P Garcia
- Diosdado Macapagal
- Ferdinand Marcos
- Corazon Aquino
- Fidel Ramos
- Joseph Estrada
- Gloria Macapagal Arroyo
- Benigno Aquino III
- Rodrigo Duterte
T or F
There is one repository of executive powers and that is the President of the Republic
True
T or F
The powers of the President are not limited to what are expressly enumerated in the article on the Executive Department.
True. The powers are scattered throughout the Constitution
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
True.
T or F
The residual power of the President cannot be used to justify acts that are contrary to the Constitution and the laws.
True
What is the doctrine of executive immunity?
- 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
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.
True.
T or F
The presidential immunity extends to his alter egos.
False. It does not extend to his alter egos.
What is the rationale behind the presidential immunity from suit?
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.
T or F
It will degrade the high office of the president if he can be dragged into court litigations while serving as such.
True.
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.
True.
T or F
A non-sitting president invoke the doctrine of presidential immunity.
False. It exists only in concurrence with the president’s incumbency. It cannot be invoked even for acts committed during his or her tenure.
Can the privilege of presidential immunity from suit be waived?
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
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.
True. It cannot be assumed and imposed by other persons
What is executive privilege?
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.
Who may invoke the executive privilege?
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.
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.
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.
T or F
If, after a lapse of the reasonable time, neither the president nor executive secretary may invoke the executive privilege.
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.
T or F
The ability of the President to prevent military officers from testifying before the Congress operates on his executive privilege.
False, it is based on his power as Commander in Chief.
T or F
The president’s prerogatives as commander in chief are not hampered by the same limitations as in executive privilege.
True.
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.
True.