Executive Department Flashcards
Conditions for the Exercise of Emergency Powers by the President
- Existence of war or some other emergency
- Delegation must be for a limited period only
- Delegation must be subject to such restrictions as Congress may prescribe
- Must be exercised to carry out a national policy declared by Congress
Qualifications of a President and Vice President
- Natural born citizen of the Philippines
- At least 40 years of age on the day of the election
- Able to read and write
- Registered Voter
- A resident of the Philippines at least 10 years immediately preceding day of the election
How long is the term of office of the President?
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
When may the VP be reelected as President after succeeding the previous one?
If he succeeded and served for less than 4 years
What are covered by Executive Privilege?
Presidential conversations, correspondences, or discussions during closed-door cabinet meetings
What is Presidential Communications Privilege?
Applies to documents in their entirety, and covers final and post-decisional materials as well as pre-deliberative ones
What is Deliberative Process Privilege?
Includes advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated
Diplomatic Negotiations Privilege
Meant to encourage a frank exchange of exploratory ideas between the negotiating parties by shielding such negotiations from public view
What is informer’s privilege?
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
What is State Secrets Privilege?
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
Requisites to invoke executive privilege
- Must relate to a quintessential and non-delegable presidential power
- Must be authored or “solicited and received” by a close advisor of the president or the President himself. Must be in operational proximity
- 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
Is the President/VP allowed to practice his profession?
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.
Who may the President NOT appoint as members of the ConstiComs, Ombudsman, Secretaries, Undersecretaries, chairmen or heads of bureaus or offices?
- Spouse
- Relatives by consanguinity or affinity within the 4th civil degree
What are midnight appointments?
Appointments made by a President within 2 months before the next presidential elections and up to the end of his term.
What happens a nomination or appointment has been bypassed 3 times?
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.
How can an ad interim appointment be terminated?
- Disapproved by the COA
- Bypassed
What is the power of control?
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
What is the power of supervision?
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.
What is an emergency power?
It is the grant by the Congress to the President to carry out a declared national policy in times of national emergency or war.
Requisites for the grant of emergency power
- There is war or other emergency
- Limited time
- Subject to such restrictions as Congress may prescribe
- Emergency powers must be exercised to carry out a national policy declared by Congress
When may the State take over private businesses?
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.
What are the President’s Commander-in-Chief powers?
- To call out the armed forces
- Suspend the privilege of the writ of habeas corpus
- Declare a state of martial law
What is the doctrine of command responsibility?
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.
When may the privilege of the writ of habeas corpus be suspended?
Invasion and rebellion, when the public safety requires it
