Executive Department

Question 1

Conditions for the Exercise of Emergency Powers by the President

Answer 1

1. Existence of war or some other emergency
2. Delegation must be for a limited period only
3. Delegation must be subject to such restrictions as Congress may prescribe
4. Must be exercised to carry out a national policy declared by Congress

Question 2

Qualifications of a President and Vice President

Answer 2

1. Natural born citizen of the Philippines
2. At least 40 years of age on the day of the election
3. Able to read and write
4. Registered Voter
5. A resident of the Philippines at least 10 years immediately preceding day of the election

Question 3

How long is the term of office of the President?

Answer 3

Term of 6 years which shall begin at noon of the 30th day of June following the day of election and shall end at noon of the same date 6 years thereafter

Question 4

When may the VP be reelected as President after succeeding the previous one?

Answer 4

If he succeeded and served for less than 4 years

Question 5

What are covered by Executive Privilege?

Answer 5

Presidential conversations, correspondences, or discussions during closed-door cabinet meetings

Question 6

What is Presidential Communications Privilege?

Answer 6

Applies to documents in their entirety, and covers final and post-decisional materials as well as pre-deliberative ones

Question 7

What is Deliberative Process Privilege?

Answer 7

Includes advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated

Question 8

Diplomatic Negotiations Privilege

Answer 8

Meant to encourage a frank exchange of exploratory ideas between the negotiating parties by shielding such negotiations from public view

Question 9

What is informer’s privilege?

Answer 9

Privilege of the Government not to disclose the identity of a person or persons who furnish information of violations of law to officers charged with the enforcement of that law

Question 10

What is State Secrets Privilege?

Answer 10

It allows the government to protect information from discovery when disclosure would be inimical to national security or result in impairment of nation’s defense capabilities, disclosure of intelligence gathering methods or capabilities and disruption of diplomatic relations with foreign governments

Question 11

Requisites to invoke executive privilege

Answer 11

1. Must relate to a quintessential and non-delegable presidential power
2. Must be authored or “solicited and received” by a close advisor of the president or the President himself. Must be in operational proximity
3. May only be overcome by a showing of adequate need, such that the information sought likely contains important evidence and by unavailability of it elsewhere by an appropriate investigating authority

Question 12

Is the President/VP allowed to practice his profession?

Answer 12

No. 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 GOCCs or their subsidiaries.

Question 13

Who may the President NOT appoint as members of the ConstiComs, Ombudsman, Secretaries, Undersecretaries, chairmen or heads of bureaus or offices?

Answer 13

1. Spouse
2. Relatives by consanguinity or affinity within the 4th civil degree

Question 14

What are midnight appointments?

Answer 14

Appointments made by a President within 2 months before the next presidential elections and up to the end of his term.

Question 15

What happens a nomination or appointment has been bypassed 3 times?

Answer 15

He shall be reported out by the standing committee concerned to the COA for its appropriate action in the next plenary session, provided that no member shall be allowed to invoke the suspension of the consideration of the appointment in this regard.

Question 16

How can an ad interim appointment be terminated?

Answer 16

1. Disapproved by the COA
2. Bypassed

Question 17

What is the power of control?

Answer 17

Power of an officer to alter or modify or nullify or set aside what a subordinate has done in the performance of his duties and to substitute the judgment of the former to that of the latter

Question 18

What is the power of supervision?

Answer 18

It 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, the former may take such action or step as prescribed by law to make them perform their duties.

Question 19

What is an emergency power?

Answer 19

It is the grant by the Congress to the President to carry out a declared national policy in times of national emergency or war.

Question 20

Requisites for the grant of emergency power

Answer 20

1. There is war or other emergency
2. Limited time
3. Subject to such restrictions as Congress may prescribe
4. Emergency powers must be exercised to carry out a national policy declared by Congress

Question 21

When may the State take over private businesses?

Answer 21

In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

Question 22

What are the President’s Commander-in-Chief powers?

Answer 22

1. To call out the armed forces
2. Suspend the privilege of the writ of habeas corpus
3. Declare a state of martial law

Question 23

What is the doctrine of command responsibility?

Answer 23

The requisites are:
a. Existence of a superior-subordinate relationship between the accused as superior and the perpetrator as his subordinate
b. Superior knew or had reason to know that the crime was about to be or had been committed
c. Superior failed to take the necessary and reasonable measures to prevent the criminal acts or punish the perpetrators thereof.

Question 24

When may the privilege of the writ of habeas corpus be suspended?

Answer 24

Invasion and rebellion, when the public safety requires it

Question 25

Quantum of evidence to ascertain the existence of rebellion or invasion to suspend the privilege of the writ of habeas corpus?

Answer 25

President only needs to convince himself that there is probable cause or evidence showing that more likely than not a rebellion was committed or is being committed

Question 26

How long may the suspension of the privilege of the writ of habeas corpus last?

Answer 26

60 days subject to extensions of 60 days per extension

Question 27

When may the Congress extend such proclamation or suspension?

Answer 27

1. Upon the President’s initiative
2. Invasion or rebellion persists and public safety requires it
3. Congress must vote jointly, by a vote of at least a majority of all its members in regular or special session

This is subject to the Court’s review of the sufficiency of its factual basis upon the petition of any citizen

Question 28

Limitations on pardoning power of President:

Answer 28

1. Granted only after conviction by final judgment (except amnesty)
2. Cannot be granted in impeachment cases
3. Cannot be granted in violation of election laws without COMELEC recommendation
4. Cannot be granted in cases of legislative contempt or civil contempt
5. Cannot absolve a convict from civil liability
6. Cannot restore public offices forfeited

Question 29

What is a treaty?

Answer 29

A treaty is an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in 2 or more related instruments and whatever its particular designation

Question 30

What happens when there is a vacancy in the office of the VP?

Answer 30

The President will 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 the Members of both Houses of Congress, voting separately.