CONSTI Presidential Succession until Presidential Immunity

Question 1

Filling a vacancy in the presidency.
There are two sets of rules for filling a vacancy in the presidency.

Answer 1

One set of rules, Section 7, applies when the vacancy occurs at the start
of the term, and another set, Section 8, applies when a vacancy occurs
in mid-term.

either because the president-elect died or failed to qualify or because no winner has
been proclaimed, then Section 7 becomes operative.

Question 2

Meaning of if the President-elect fails to qualify

Answer 2

That is to assume his office by taking the oath and entering in to the disharge of his duties.

Question 3

Meaning of the President shall have been chosen

Answer 3

Failure to elect the President, as where the canvass of the presidential electionshas not yet been completed, or where for one reason or another the presidential election has not been held

Question 4

Estrada V Gloria

Answer 4

The press release was petitioner’s veladictory, his final act of farewell. His presidency is now in the past tense.

Question 5

Taking of the oath of office by the President elect. Purpose?

Answer 5

Marks his formal assumption of his duties.

Question 6

(President and vice President)The prohibition againts the change of their salary either by reduction or increase

Answer 6

To prevent the legislature from weakening their fortitude by appealing to their avarice(insatiable wealth, reed) or corrupting their integrity by operating their necessities.

Question 7

(Perquisites and Inhibitions)The inhibitions are in line with the principle that

Answer 7

This means that the president cannot accept other employment elsewhere whether in the government or in the private sector, and must confine himself to the duties of his office,
a public office is a public trust and should no be abused for personal advantage

Question 8

Emolument Meaning

Answer 8

Has been defined as the profit arising from office or employment that which is received as compensation for services, or which is annexed to the possession of office, as salary fees and perquisites advantage, gain, public or private.

Question 9

Two exceptions againts th holding of multiple offices are

Answer 9

1.authorizing the Vice President to become a member of the cabinet
2.Posts occupied by executive officials. without additional compensation in ex officio capacities provided by law

ex officio: additional duties and functions on said officials

This will discontinue the lucrative practice of cabinet members occupying seats in the boards of directors of affluent corporations owned or controlled by the government

Question 10

ex- officio meaning

Answer 10

Annexed, as a consequence of office, and without any other appointment or authority than that conferred by the office.

Ex.
Secretary of DOTC, is the ex-officio Chairman of the board of the Phil Ports authority, LRT, . The additional duties must not only be closely related to, but must be required by the official’s primary functions.
Secretary of Finance monetary board

Question 11

Section 13 prohibits the president from appointing his spouse and relatives by consangunity or affinity within?

Answer 11

4th civil degree as member ofConstitutional commissions, Office of the ombudsman, Secretaries, undersecretaries, chairmen or heads of bureaus of offices including GOCC

Question 12

Executive privilege

Answer 12

It is the power of the President to withold certain types of information from the courts, the congress and ultimately the public.

It is essential to protect the independence of decision making of those tasked to exercise

Executive privilege has been interpreted to include the President’s conversations and correspondences, to enable the President and those who assist him to freely explore alternatives in the process of shaping policies and making decisions and to do so in a way many would be unwilling to express except privately

It covers military, diplomatic, and other national security.

It exists to protect public interest, not to benefit a particular public official

Question 13

Executive privilege, a claim thereof may be valid or not depending on

Answer 13

the ground invoked to justify it and the context in which it is made.

A precise and certain reason’ for preserving their confidentiality

Question 14

Informers privilege

Answer 14

the privilege of the government not to disclose the identity of a person or persons who furnish information

Question 15

Deliverative Process privilege

Answer 15

Which covers documents reflecting advisory opinions, recommendations, and deliberations comprising part of a process by which governmental decisions and policies are formulated.

Question 16

Diplomatic negotiations privilege

Answer 16

which is meant to encourage a frank exchange of explaratory ideas between the negotiating parties by shielding such negotiations from public view.

Question 17

Presidential communication privilege, meaning and elements

Answer 17

applies to the decision-making of the President rooted in the constitutional principle of separation of powers

Example: 1. the power to enter into executive agreements
2. the communication must be authored or solicited and received by a close advisor of the president such as member of the cabinet, or the President himself

Question 18

alter ego of the President

Answer 18

An alter, ego, whether temporary or permanent, holds a position of great trust and confidence

Question 19

There are now six categories of officials who are subject to the appointing power of the President

Answer 19

1. Heads of the executive Departements
2. Ambassadors, other public misnisters and consuls
3. Officers of the Armed forces from the ranks of colonels or naval captain
4. those other officers whose appointments are vested in him by the constitution
   Ex. VP
5. All other officers of the government whose appointments are not provided by law
   Ex. Chairman of the Commission on Human Rights
6. Those whom he may be authorized by law to appointe
   Ex. Officers in charge of the autonomous region of muslim mindanao

Question 20

faithful execution clause

Answer 20

The President is not above the laws but is obliged to obey and execute them.

This is precisely why the law provides that administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the constitution

Question 21

What types of information are covered by executive privilege

Answer 21

Subvert military or diplomatic objectives, or information about the identity of persons who furnish information of violations of law or information about internal deliberations comprising the process by which governmen decisions are reached.

Question 22

Residual powers

Answer 22

Residual powers refer to those powers that are neither specifically granted by law nor expressly denied to a governmental authority, but are deemed necessary for the effective discharge of its functions1
. These powers are inherent and allow the authority to act in situations where there are no clear legal precedents or statutory provisions1
.

In the context of the Philippines, residual powers are primarily derived from the 1987 Constitution, specifically under Article VII which outlines the executive powers of the President1
. These powers enable the President to address unforeseen situations and ensure the smooth functioning of the executive branch1
.

Does this help clarify the concept for you, or is there a spec