CONSTI The Removal to other powers

Question 1

Removal presupposes

Answer 1

a forcible and permanent separation of the incumbent from office before the expiration of his term

Question 2

Not all officials appointed by the President are also removable my him, since the Constitution prescribes certain methods for the separation from the public service of some such officers. Example

Answer 2

• The members of the Supreme Court
• Constitutional Commission
• Judges of inferior courts
• Ombudsman
• Deputy Ombudsman - Because of independence of the office

Alajar case - SC says by expiration of his term.

Question 3

President’s Control is defined as

Answer 3

Has been defined to mean the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to the judgment of the former for the latter

Example: In pardoning petitioner and ordering his reinstatement, the Chief Executive exercised his power of control and set aside the decision of the Ministry of Transportation and communications, the clemency nullified the dismissal of petitioner and relieved him from administrative liability .

The power of an officer to alter or modify or nullify or set aside what a subordinate officer had donein the performance of his duties and to substitute the judgment of the former for that of the latter

Question 4

Control v Supervision

Answer 4

Control is a stronger power than mere supervision, which means overseeing or the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them, then the former may take such action or steps as prescribed by law to make them perform these duties.

Supervison does not cover such authority. The supervisor or superintendent merely sees to it that the rules are followed, but he himself does not lay down such rules, nor does he have the discretion to modify or replace them. If the rules are not observed, he may order the work done or redone but only to conform to the prescribed rules. He may not prescribe his own manner for the doing of the act. He has no judgment on this matter except to see to it that the rules are followed.

Question 5

The power of control is exercisable by the President over the?

Answer 5

Acts of his subordinates and not necessarily over the subordinate. It may only means that the President may set aside the judgment or action taken by a subordinate in the performance of his duties.

Question 6

Alterego issues presumption

Answer 6

As a subordinate in this department, the respondent was and is bound to obey the Secretary’s directives which are presumptively the acts of the President of the Philippines

Question 7

Doctrine of Qualified Political Agency

Answer 7

The Doctrine of Qualified Political Agency is a principle in constitutional law that posits that the heads of various executive departments are the alter egos of the President. This means that their actions, taken in the performance of their official duties, are considered the acts of the President unless the President disapproves

This doctrine acknowledges the President’s need to delegate responsibilities due to the vast scope of executive duties It ensures that the President can effectively manage the executive branch by relying on department heads to act on their behalf

Exceptions : Cabinet Secretaries done in their capacity as ex officio board directors of a government-owned or controlled corporation of which they became members not by appointment of the President but by authority of law

Question 8

The President’s inherent ordinance-making power is not a delegated authority from the legislature, but is a consequence of executive control over officials of the executive branch.

Question 9

President’s power of control does not cover the so-called Constitutional and fiscal autonomy group, composed of

Answer 9

• Judiciary
• The Civil Service Commission,
• The Commission on Elections
• Office of the ombudsman

Which are all granted fiscal autonomy by the Constitution, and should therefore be able to determine the allowances or benefits that suit the functions of the Office

Question 10

The law that the President supposed to enforce includes the

Answer 10

• Constitution
• Statutes
• Judicial Decisions
• Administrative rules and regulations
• Municipal ordinances
• Treaties entered into by our government

Question 11

Unconstitutional meaning

Answer 11

Would confer no rights and confer no duties, being totally null and void

Question 12

Faithful execution clause

Answer 12

is best construed as an obigation imposed on the President, not a separate grant of power. It simply underscores the rule of law and, corollarily, the cardinal principle that the President is not above the laws but is obliged to obey and execute them.

Question 13

The President shall be the 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. In case of invasion or rebellion, when the public safety requires it, he may, for a period (1) _ suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within (2)_ from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within (3) hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court 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 of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

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.

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.

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

Answer 13

1.Not exceeding sixty days
2.forty-eight hours
3. twenty-four

Question 14

Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension?

Answer 14

Yes, for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

Question 15

Importance of military power be subordinated to the President

Answer 15

The civilian authority is, at all times, supreme over the military. By making the president the commander-in -chief of all the armed forces, the Constitution lessens the danger of a military take-over of the government in violation of its republican nature. So he can keep it in check whenever it is tempted to impose its will upon the government.

The threat of such domination would be present in fact even if the civil and military authorities were made only equal.

Question 16

Court Martials

Answer 16

• Executive character, by virtue of the President’s constitutional function as commander in chief
• These courts do not pertain to the judiciary and are utilized by him in properly commanding and enforcing discipline in the armed forces
• Acts as a criminal court
• judgment of conviction, not of acquittal must be approved by the reviewing court before it can be executed.
• Limited to service connected offenses or crimes
• SC: Sui Generis, contemplate both penal and administrative disciplinary nature of military justice.
• President has the power to approve or disapprove the entire or any part of the sentence given by the court martial

Question 17

Graduated powers of the President. These are:
Calling-out power

Answer 17

1. Calling out power,
   2.The power to suspend the privilege of the writ of habeas corpus and
2. The power to declare martial law

Question 18

What is calling out power

Answer 18

Ordinary police action. The President may resort to this extraordinary power whenever it becomes necessary to prevent or suppress lawless violence, invasion or rebellion. The power to call is fully discretionary to the President; the only limitations being that he acts within permissible constitutional boundaries or in a manner not constituting grave abuse of discretion.

Question 19

The court clarified in David that the President cannot call the military to enforce or implement certain laws, such as:

Answer 19

Customs laws, laws governing family and property relations, laws on obligations and contracts and the like.

He can only order the military to enforce laws pertinent to its duty to suppress lawless violence

Question 20

What is Habeas Corpus? (not a matter of right, a prerogative writ but in the sound discretions of the court or judge.)

Answer 20

The remedy of habeas corpus is extraordinary and summary in nature, consistent with the law’s zealous regard for personal liberty

is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of this caption and detention, to do, to submit to, and receive whatever the court or judge awarding the writ shall consider in his behalf.

Question 21

(habeas corpus) What is permitted to be suspended by the President is not the writ itself but its privilege. This means?

Answer 21

This means that when the court receives an application for the writ, and it finds the petition in proper form, it will issue the writ as a matter of course. In other words, the court will issue an order commanding the production before the court of the person allegedly detained, at a time and place stated in the order, and requiring the true cause of this detention to be shown to the court.

If the return to the writ shows that the person is custody was apprehended and detained in areas where the privilege of the writ has been suspended or for crimes mentioned in the executive proclamation, the court will suspend further proceedings in the action.

Question 22

Grounds for suspension of the privilege of the writ of habeas corpus if the same is not based on either of the two grounds stated in the constitution, namely:

Answer 22

Invasion or rebellion, when the public safety requires it.

Question 23

The parameters for determining the sufficiency of the factual basis for the declaration of martial law and or suspension of the privilege of the writ of habeas corpus

Answer 23

1. Actual invasion or rebellion
2. Public safety requires of such power

Without the concurrence of the two conditions, The president’s declaration of martial law and or suspension of the privilege of the writ of habeas corpus must be struck down.

Question 24

Difference between the courts review and congress revoke of extra ordinary powers

Answer 24

Court’s review power is passive, it is only initiated by the filing of a petition in an appropriate proceeding by a citizen. On the other hand Congress review mechanism is automatic in the sense that it may be activated by congress itself at any time after the proclamation or suspension was made.

In reviewing the sufficiency of the factual basis of the proclamation suspension the court considers only the information and data available to the President while Congress may take into consideration not only data available prior to, but likewise events supervening the declaration. Congress could probe deeper and further

Question 25

The role of the Congress when the President proclaims martial law and/or suspends the privilege of the writ of habeas corpus

Answer 25

Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress.

The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President.

Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

Question 26

Pardon

Answer 26

is an act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed.

Question 27

Commutation v Reprieve

Question 28

Limitations on the pardoning power of the President

Answer 28

In cases of impeachment (impeachment is not judicial)
violation of election law
Pardon can be granted only after conviction by final judgment
not extended to a person convicted of legislative contempt