POLGOV FINALS Flashcards

1
Q

(1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.

A

Section 18 (THE 1987 CONSTITUTION)

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2
Q

Under the Bill of Rights the political beliefs of people whether
they are pro-Marxists, communists, socialists rightists or leftists
cannot be a basis for arrest and detention. If there are no overt
acts which are illegal in nature in relation to their political beliefs,
the government cannot arrest and imprison them.

A

THE RIGHT AGAINST DETENTION SOLELY BY REASON OF POLITICAL BELIEFS AND ASPIRATIONS

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3
Q

This provision is highlighted in our Constitution to protect
political prisoners who are detained solely on the basis of their
political beliefs. Under Martial Law, President Marcos arrested
and detained political prisoners whose ideologies and political
beliefs were critical of the status quo

A

THE RIGHT AGAINST DETENTION SOLELY BY REASON OF POLITICAL BELIEFS AND ASPIRATIONS

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4
Q

Involuntary servitude is forced labor or compulsory service
rendered by one person to another.
 Under our Bill of Rights, no person can be forced to work for
other persons or company if s/he does not want to. A debt to an
employee to his or her employer is not a sufficient ground for
forcing the employee to continue to work in the company.

A

THE RIGHT AGAINST INVOLUNTARY SERVITUDE

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5
Q

The indebted employee can always provide a promissory note
but he or she cannot be prevented to resign as this would be
tantamount to slavery.

A

THE RIGHT AGAINST INVOLUNTARY SERVITUDE

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6
Q

(1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted….
(2) The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman conditions
shall be dealt with by law.

A

Section 19 THE 1987 CONSTITUTION

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7
Q

This provision prohibits the imposition of excessive fines for
violation of law or ordinance. Considering the nature of the
offense and financial capacity of the offender, fines must be
reasonable. And the courts have the discretion how much fine
the offender must pay.

A

THE RIGHT AGAINST EXCESSIVE FINES;

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8
Q

 The right against cruel, degrading or inhuman punishment can
only be invoked after the accused is convicted in court.
 The Constitution is against any inhuman form of punishment
and against disproportionality of punishment to the nature of the
offense.

A

THE RIGHT AGAINST CRUEL, DEGRADING OR
INHUMAN PUNISHMENT

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9
Q

 In a civilized society, inhuman punishment which uses torture or
lingering death is condemnable.
 Punishment is degrading if it lowers his dignity of a convicted
person, brings shame and humiliation on him, or exposes him to
public ridicule.

A

THE RIGHT AGAINST CRUEL, DEGRADING OR
INHUMAN PUNISHMENT

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10
Q

is also inhuman if the punishment is not proportionate to the nature of the crime.

A

Punishment

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11
Q

No person shall be imprisoned for debt or non-payment
of poll tax.

A

Section 20

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12
Q

Our Constitution prevents the power of the State to force the
payments of debts.
 The control of the creditor over the person of the debtor has
been abolished in our Bill of Rights for humanitarian
considerations. A person cannot be arrested and imprisoned by
the government for

A

THE RIGHT AGAINST IMPRISONMENT FOR NON-PAYMENT OF DEBT OR POLL TAX

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13
Q

under this provision means any liability to pay money arising out of contract, express or implied. It refers to civil debt but not to debt arising from a criminal offense

A

“debt”

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14
Q

Thus if a person borrows money from another and promises to
pay on a certain date with interest but fails to do it because of
unexpected bankruptcy cannot be ordered by a judge to be
arrested and imprisoned after a criminal complaint is filed by the
creditor.

A

THE RIGHT AGAINST IMPRISONMENT FOR NON-
PAYMENT OF DEBT OR POLL TAX

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15
Q

Nonpayment of civil debt cannot be a subject of a criminal case
punishable by imprisonment.
 The filing of a civil case or collection of debt is the proper
remedy where the properties of the debtor can be used as
payment for the unpaid debt

A

THE RIGHT AGAINST IMPRISONMENT FOR NON-
PAYMENT OF DEBT OR POLL TAX

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16
Q

is a tax of a fixed amount imposed on residents within
a specified territory such as a barangay, whether citizens or not,
without regard to their property or the occupation in which they
may be engaged (De Leon 1997: 117).

A

A poll tax

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17
Q

No person shall be twice put in jeopardy of punishment for the
same offense, if an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

A

Section 21

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18
Q

This constitutional provision protects a person from the danger
of second punishment and trial for the same offense he or she
has been charged and sentenced by a court.

The right to double jeopardy means that when an accused is
charged with an offense and the case is decided by the court
either by acquittal or conviction, s/he cannot be charged again
in another case with the same offense

A

THE RIGHT AGAINST DOUBLE JEOPARDY

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19
Q

The issue of double jeopardy can arise in three different ways
(Munoz & Gonzales-Munoz 2002: 56):

A

(1) When the accused is charged with the same offense in two
separate pending cases, in one of which he has validly pleaded;

(2) When the accused is prosecuted anew for the same offense
after he or she has previously convicted or acquitted thereof or
the charge therefore has been dismissed without his or her
consent; or

(3) When the prosecution makes a legally unauthorized appeal
from a judgment in the same case.

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20
Q

No ex post facto law or bill of attainder shall be enacted.

A

Section 22

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21
Q

This provision prohibits the legislature to pass laws which can
prejudice the rights of the prisoner or the accused. Although
Congress is vested by the Constitution to enact laws, it cannot
legislate on matters that violate some basic rights of the
citizens. It cannot pass the following type of bills or laws:

A

THE RIGHT AGAINST EX POST FACTO LAW OR
BILL OF ATTAINDER

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22
Q

Ex Post Facto Law is a law which is penal in nature, retroactive
in effect and prejudicial or disadvantageous to the accused.

(i) makes an act done before the passage of a law, innocent
when done, criminal, and punishes such act; or
(ii) aggravates a crime or makes it greater when it was
committed;.
(iii) changes the punishment and inflicts a greater punishment
than what the law annexed to the crime, when committed; or
(iv) alters the legal rules of evidence and receives less
testimony than or testimony from what the law required at the
time of the commission of the offenses, in order to convict the
offender

A

Ex Post Facto Law

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23
Q

is a legislative act which inflicts punishment
without a judicial trial.
 This means that Congress cannot just pass a law and declare
individuals or groups to be guilty of an offense with judicial trial
(De Leon 1997).
 In bill of attainder, it is the legislature, not the courts, which
determines the guilt of the accused and not by the court.

A

Bill of Attainder

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24
Q

 This is against due process since every charge in court the guilt
of the accused must first be established by evidence in a court
proceeding.
 Thus if a law is passed in Congress who states that members of
the Communist Party in the Philippines are guilty of rebellion
and must all be imprisoned is a bill of attainder as the courts
must first determine who among them are directly involved in
rebellion.

A

BILL OF ATTAINDER

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25
The law cannot generalize and impute guilt to all members of the communist party.
BILL OF ATTAINDER
26
One important principle under the 1987 Constitution is that on citizenship. Before we try to understand good citizenship, we must first determine what is citizenship, who is a citizen and who is considered a Filipino citizen.
ARTICLE IV - CITIZENSHIP
27
is a “term denoting membership of a citizen in a political society” and a citizen is “a member of a democratic community who enjoys full civil and political rights, and is accorded protection inside and outside the territory of the State
Citizenship
28
A person who is not a citizen is either called a
“stateless person” or an “alien”.
29
 A stateless person, on one hand, is a foreigner in another country whose state has been dissolved due to anarchy or revolution.  An alien, on the other hand, “is a citizen of a country who is residing in or passing through another country”
Citizenship
30
 Both a stateless person and an alien are subject to our laws.  A stateless person, unlike an alien, is not protected by his/her own country and has no legal rights and no embassy to turn to in case of legal problems in the sense that he has no country or has no diplomatic ties with the country s/he is residing in.
CITIZENSHIP
31
2 principles, others prefer to follow a combination of these principles:
Jus sanguinis (from Latin words “jus” which means “law” and “sanguinis” which means blood). Literally, the term means the “law of the blood”. Under this principle, the blood of the parents is the basis for the acquisition of citizenship and not the territory or the country where the baby was born.
32
The children follow the citizenship of both or one of the parents. The Philippines is following this principle (Art. IV, Sec 1[2]) in determining the citizenship of persons born in the country. Thus, if one or both parents of the person who is born in the Philippines are Filipinos, then his or her citizenship is automatically Filipino. But it his or her parents are both aliens or foreigners, then his/her citizenship would follow that of his/her parents whatever that be.
Jus sanguinis
33
(Law of the soil or law of the place)
Jus Soli or Jus Loci
34
 Under this principle, the law of the soil or the place of birth determines the citizenship of the child regardless of the citizenship or blood of one or both parents.  Thus, when a child is born in any part of the territory of the country be it in aerial, terrestrial, or maritime domain, he or she automatically becomes a citizen of that country. This principle is followed by the United States and France. A pregnant Filipino mother, for instance, who gave birth in a commercial place which had entered US airspace is, under this rule, the child is already considered an American citizen even though the mother is an alien.
Jus Soli or Jus Loci
35
are “those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship Thus a child who is born in the Philippines of Filipino parents, or a Filipino mother or father after the ratification of the 1987 Constitution on February 2, 1987 is a natural-born citizen.
Naturalize-born citizens
36
This refers to those who are born of Filipino mother before January 17, 1973 and who upon reaching the age of majority or 18 years old after the ratification of the 1973 Constitution (even prior to the effectivity of the new Constitution on February 2, 1987) chose or elected Philippine citizenship are considered natural born-citizens. Those who failed to make such election are considered aliens.
Citizens through election
37
Those who are considered citizens of the Philippines under the 1987 Constitution at the time of the adoption of the new constitution on February 2, 1987 are also natural- born citizens.
Citizens at the time of the adoption of 1987 Constitution.
38
 Naturalized citizens are citizens by operation of law.  These are aliens or foreigners who acquired Filipino citizenship by applying and complying with all requirements provided in the Philippine naturalization law.
Naturalized citizens
39
is defined as an ‘act of formality adopting a foreigner into the political body of the state and clothing him or her with rights and privilege of citizenship
Naturalization
40
Naturalized citizens.  A person may be naturalized in two ways:
1) by judgment of the court,  after foreigner-applicant had complied with all the conditions prescribed by law, or 2) by direct act of Congress,  in which a foreigner is conferred citizenship by a law enacted by Congress.
41
Under a new law passed by Congress a Filipino can still retain his/her citizenship despite the fact that s/he has acquired a foreign citizenship.  Thus, a person can still be a Filipino citizen even if s/he has become a green card holder or has become an American.
Dual citizens
42
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election.
ARTICLE V – SUFFRAGE
43
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.
ARTICLE V – SUFFRAGE
44
is “the right and obligation to vote for qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people”
Suffrage
45
suffrage may be exercised by all citizens of the Philippines who are not disqualified by law and who are:
(1) at least 18 years old, and (2) who have resided in the Philippines for at least 1 year, and (3) who are in the place wherein they propose to vote for at least 6 months before the election.
46
is a broad term that includes various types of electoral processes
Suffrage
47
Registered voters exercise suffrage in any of the following cases:
1. Election 2. Plebiscite 3. Referendum 4. Initiative 5. Recall
48
is the process by which the voters choose their officials for definite and fixed terms as their duly chosen representatives in exercising their sovereign power in the government.
Election
49
is the constitutional commission tasked by the constitution to conduct and supervise elections.
The Commission on Elections (COMELEC)
50
To save money for the government, the national election of the president and vice-president every 6 years is usually synchronized with the elections of members of Congress and local public officials. This is done on the second Monday of May
ELECTION
51
is the process by which the people express their choice for or against a proposed law or enactment submitted to them.
plebiscite
52
It is also a form of election where voters go to election precincts to cast their votes whether they approve or ratify any proposed amendment to, or revision of the Constitution
plebiscite
53
Any proposed changes affecting local government units also requires the approval of the people by plebiscite
PLEBISCITE
54
This is a process by which a law or part thereof passed by Congress or local legislative body is presented to the voters for their ratification or rejection
REFERENDUM
55
This is a process by which the people directly propose and enact new laws. This requires a petition containing the proposed law or amendment of the constitution and the required number of verified signatures of petitioners. Congress has been tasked by the Constitution to provide this system of initiative and referendum. Amendments to the Constitution can also be directly proposed by the people through their initiative.
INIATIVE
56
is the process by which an elected official is removed from office during his/her tenure by a vote of the people after registration of a petition signed by a required percentage of the qualified voters. The former governor of Pampanga, Fr. Ed Panlilio underwent this process. He was removed by his political enemies but he won in a recall election thereafter
Recall
57
[t]he legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
ARTICLE VI – LEGISLATIVE DEPARTMENT (SECTION 1)
58
refers to the power to enact or create laws which includes the power to alter or repeal them. It is essentially the authority, under our Constitution to make, amend or abolish the law. This power is vested in the Philippine Congress and it is reserved to the people in cases of initiative and referendum. Section 1, Article VI, of the 1987 Constitution
legislative power
59
The 1987 Constitution dissolved the unicameral or one-house legislature under the 1973 Marcos Constitution and restored the bicameral system of the 1935 Constitution. A presidential form of government like the Philippines is usually bicameral while a parliamentary form of government is unicameral or a one-house legislature.
BICAMERAL LEGISLATION
60
A bicameral legislature for the Philippines means that the legislature which is the Congress is made of two houses: the Upper House which is the Senate and the Lower House which is the House of Representatives.
the Upper House which is the Senate and the Lower House which is the House of Representatives.
61
In general, the Philippine Congress performs various legislative functions for the good of the country. These include the:
(1) definition of the rights and duties of citizens, (2) imposition of taxes to defray expenses of government, (3) appropriation of public funds, (4) definition and punishment of crimes, (5) creations and abolition of government offices including the determination of their jurisdictions and functions, and (6) regulation of human conduct and the use of property for the promotion of the common good.
62
Congress has the general powers to create laws which include the power to change or abolish the law.
General Legislative Power
63
These are powers expressly conferred by the Constitution to Congress. These include the power of appropriation or determining the national budget of the government, the power of taxation or to enact tax laws, or the power of expropriation or to pass laws appropriating private property for public use upon payment of just compensation.
Specific Legislative Powers
64
These powers do not directly relate to enactment of laws but nevertheless are performed by Congress as part of its obligations under the Constitution. (1) the power to propose amendments to the constitution such as calling a Constitutional convention for the revision of the Charter; (2) the power to impeach impeachable officials suchas the President, Vice-President, the Ombudsman, the Chief Justice and Commissioners of the constitutional bodies such as the COMELEC; (3) the power to canvas votes for the President and Vice-President; and (4) the power to declare the existence of a state of war when our country is invaded by another country.
Non-Legislative Powers
65
These are powers which are not expressly given by the Constitution to Congress but which are implied from those expressly granted. These include the power to: (1) punish or declare a person in contempt during or in the course of legislative investigation, and
Implied Powers
66
These powers are inherent to the exercise of legislative powers by Congress. To be able to perform its functions orderly, Congress has the power to determine the rules of its proceedings. In case of impeachment proceedings, the House of Representatives and the Senate have enacted specific rules on how to investigate and decide on how to remove impeachable officials. The Constitution has expressly given Congress the power to determine its own internal rules.
Inherent Powers
67
Congress cannot pass the following type of laws as imposed by the Constitution:
1. No ex post facto law shall be passed (Art. III, Sec. 22) 2. No bill of attainder shall be passed (Art. III, Sec. 23). 3. No law impairing the obligation of contracts shall be passed (Art.III, Sec. 10). 3. No law ing a title of royalty or nobility shall be passed (Art.VI, Sec. 31). 4. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in the Constitution without its advice and concurrence (Art. VI, Sec. 30). 5. No law granting any tax exemption shall be passed without the concurrence of a majority of all members of Congress (Art.VI, Sec. 28 [4] ).
68
is a fundamental law of the land which is directly enacted by the people. Thus, the legislative power of Congress cannot just amend or revise it without the consent of the former in a plebiscite.
constitution
69
A is a type of law that is created by a lawmaking body like the Philippine Congress. A statute is an “inferior” type of law in the sense that this must conform and emanate from constitutional law
statute
70
Composition: The Senate is composed of twenty-four (24) Senators who are elected at large by the qualified voters of the Philippines nationwide (Art. VI, Sec. 2).
THE SENATE
71
Term of Office: The term of office of the senators is six (6) years and shall commence at noon on the 30th of June following their election. They can be reelected for another 6 years but they cannot serve for more than 2 consecutive terms (Art. VI, Sec. 3-4).
THE SENATE
72
of office for any length of time shall not be considered an interruption in service for the full term for which he was elected (Art. VI, Sec. 3-4).
Voluntary renunciation
73
Qualifications: The qualifications of a senator are the following
(1) A natural-born citizen of the Philippines; (2) at least 35 years of age on the day of the election; (3) able to read and write; (4) a ; and (5) a resident of the Philippines for not less than two (2) years immediately preceding the day of elections
74
Composition: A district representative is elected to Congress if he or she garnered the highest vote in the district. A party-list congressman or woman is elected in Congress if after being nominated by the group s/he got at least 3% of the total votes of all districts nationwide. This can increase to 2 or 3 seats for the party-list if it gets more votes throughout the country.
THE HOUSE OF REPRESENTATIVES
75
Term of Office: The term of office of House representatives is three (3) years. But they cannot be elected for more than 3 consecutive terms. Thus, the maximum number of years for a congressman or woman is 9 years. After a break of one term or 3 years, they can be eligible again for another 3 more terms. Term of Office: Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he or she was elected (Art. VI, Sec. 7). Thus, if a representative resigns two days after being elected for a third term, his or her third term is deemed completed and therefore ineligible to run for the next election.
THE HOUSE OF REPRESENTATIVES
76
THE HOUSE OF REPRESENTATIVES  Qualifications: The qualifications of a representative in Congress are the following (Art. VI, Sec. 6)
(1) a natural-born citizen of the Philippines; (2) at least 25 years of age on the day of election; (3) able to read and write; (4) in case of a party-list representative, a registered voter in the District in which he or she shall be elected (a registered voter anywhere in the Philippines for party-list representative); and (5) a resident thereof for a period of not less than one (1) year preceding the day of the election.
77
Immunities: A representative in the House of Representatives whether district or party- list she cannot be arrested on a criminal charge punishable by 6 years imprisonment or less while Congress is in session.
THE HOUSE OF REPRESENTATIVES
78
refers to the number of the membership of an assembly or collective body as is competent to transact its business. It is the number which gives a lawful body the power to pass a law or ordinance or do any other valid corporate act
quorum
79
This is the initial stage of the lawmaking wherein the lawmaker, a senator or congressman/woman, attempts to understand the legal needs of the people or constituents by conducting public hearings and consultations.
Preliminary Stage
80
When the draft becomes final, the lawmaker sponsors it alone or with other senators or congressmen/women as co- authors and files it in the Bill Section of the Senate/House of Representatives in order to be calendared for the First Reading in the next stage.
Preliminary Stage
81
This is the longest stage of lawmaking as every bill undergoes 3 readings both in the Senate and in the House of Representatives as required in a bicameral legislature. These are the important steps during this stage: I. First Reading II. Second Reading III. Third Reading
Formal Stage
82
The term “first reading” simply means that the bill is formally introduced in the session hall in the Senate/House of Representatives. What is read during this step is only the number and title of the bill and thereafter the Senate President or Speaker of the House, noting the nature and content of the bill, will refer it to the appropriate Senate/House Committee to investigate it further
First Reading
83
This is the most important part of the bill. During this stage, the bill is examined, debated, or amended by members of the respective committees. If approved by a majority of its members, the bill is printed in its final form and copies are distributed to senators or congressmen/women at least 3 days before the third reading. If disapproved, the sponsor has to re-file it perhaps in a more acceptable way to committee members; otherwise, it is considered “dead”
Second Reading
84
At this stage, the bill is now presented to the members of the Senate/House of Representatives in a plenary session for approval. Legislators merely register their votes for the bill. They may explain their votes if the rules of the Senate or House would allow. If approved by the required votes, the bill is sent to the other chamber for the required readings. If the bill originates in the Senate, it is sent to the House of Representatives. If it comes from the House of Representatives, it is sent to the Senate
Third Reading
85
A bill is considered enrolled when it is approved by both Houses, the Senate and the House of Representatives and sent to the President for consideration and signature.
Enrolment of the Bills
86
This stage represents the final steps before an enrolled bill in Congress becomes an effective law. The most important steps include the signature or approval of the President for the bill and publication of the new law to make it effective and made known to the public.
Final Stage
87
An enrolled bill automatically becomes a law or statute in any of the following manner: (1) When the President signs it; (2) When the veto or disapproval of the President is overridden by 2/3 votes of all members of each House; or (3) When the President does not act on the bill within 30 days after presentation.
Signature or Veto of the President
88
Section 1. The executive power shall be vested in the President of the Philippines. Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.
ARTICLE VII – EXECUTIVE DEPARTMENT
89
is generally defined as “the power to administer the laws, which means carrying them into practical operation and enforcing their due observance” is the power to administer or implement the law. Under the 1987 Constitution, this power is vested in the President of the Republic of the Philippines. S/he is assisted by national and local officials who are either elected or appointed. is the power to enforce or implement the laws of the land. For the German sociologist Max Weber, a law or rule cannot be considered a true standard for action unless there is somebody who is in-charge in enforcing it. Thus, in the Philippine, laws will be mere words and prescriptions that guide action if there are no law enforcers that implement them. Under the 1987 Constitution.
Executive power
90
The person who is vested with full executive powers to administer the laws of the republic is the President. Of course, s/he is not alone in doing this job. He is assisted by a whole group of public officers who share executive powers with him by virtue of delegation of powers. Those who join him in administering the laws are appointed and elected local officials such the governors, mayors, or barangay captains, cabinet members or secretaries of the different department of our government.
Executive power
91
Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in the same manner, as the President. He may be removed from office in the same manner as the President. The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.
ARTICLE VII – EXECUTIVE DEPARTMENT
92
The Constitution does not expressly provide the Vice- President as a specific executive position. This official is considered a “spare tire” in case the President dies, resigns or impeached. However, out of respect to his/her elected status, the Vice-President is usually given a cabinet post.
EXECUTIVE POWER
93
Both the President and the Vice-President must be natural- born citizen. A natural-born Filipino citizen as mentioned in Chapter III is a citizen of the Philippines from birth without having to perform an act to acquire or perfect his Philippine Citizenship
Citizenship
94
is one who is duly registered in the list of voters because he possesses the qualification for suffrage, as required by Article V, Section 1
A registered voter
95
The Constitution does not provide a higher level of educational attainment for those who would want to be President or Vice-President. Presumably, the Constitution wants to widen the access to these positions to as many people as it can. It only requires candidates to be “able to read and write” to qualify.
Education
96
The presidential and vice-presidential candidates must be at least forty (40) years of age on the day of the election, not on the day of the filing of candidacy nor on the day of their proclamation.
AGE
97
The Constitution requires that those who would want to become President or Vice-President must be acquainted with the economic and political conditions of the country in order that they can gain insight on how to run the country in case they elected into office. Thus, it requires that both candidates must reside in the country at least 10 years immediately preceding the election
residency
98
As provided in Article VII of the Constitution, the election for the President and Vice President is set on the second Monday of May, six years thereafter. Unlike the senators whose Board of canvassers for the counting of votes is the COMELEC en banc, the votes for the President and Vice- President are canvassed by Congress consisting of senators and congressmen/women seating in joint public session.
The Canvassing and Proclamation
99
It is the same Congress who will proclaim the President-elect and the Vice-President elect. If there is a complaint questioning the canvassing or proclamation, the proper venue is not the COMELEC but the Supreme Court as provided by law
The Canvassing and Proclamation
100
In the 1987 Constitution, the term of the President has been reduced to six (6) without reelection. It begins at the noon of the thirtieth day (30th) of June next following the day of the election (Art. VII, Sec. 4) and ends at noon of the same date six years thereafter
Term of Office
101
The voluntary renunciation of the office of the Vice-President for any length of time does not interrupt the continuity of the service for the full term of six years. Thus, if the Vice President resigns on the second day in office, this is considered being served for full six years. So s/he is disqualified to run for the next election.
Term of Office
102
The President has the power of control over the executive departments of the government and supervisory powers over all local government units (LGUs) such that of the province, city, municipality and barangay.
POWERS OF THE PRESIDENT o Administrative Powers
103
 POWERS OF THE PRESIDENT o Military Powers. Powers of the President as Commander-in-Chief includes the power to:
1) call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion; and (2) create military tribunals to try persons who violate military laws or commit crimes against national security.
104
POWERS OF THE PRESIDENT o Military Powers.  Power to suspend writ of habeas corpus under the following necessary conditions:
(1) There must be invasion or rebellion; and (2) The public safety must require the suspension.
105
it is the postponement of the execution of a death sentence to a certain date.
Reprieve:
106
this refers to the postponement of an execution of death to an indefinite time. It can be performed on the next day, week or month depending on the order of the President.
Suspension
107
this refers to the reduction of sentence imposed to a lesser punishment, as from death penalty to life imprisonment. It can be granted without the acceptance and even against the will of the prisoner.
Commutation:
108
this is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed, from the punishment the law inflicts from a crime he has committed
Pardon:
109
Two Kinds of Pardon:
1. Absolute: when pardon is not subject to any condition whatsoever. It becomes effective when made. 2. Conditional: when it is given subject to any condition or qualification the President may see fit. It must be accepted by the prisoner to become effective.
110
it is an act of the sovereign power granting oblivion or a general pardon for A past offense usually granted in favor of certain class of persons who have committed crimes of a political character, such as treason, sedition or rebellion. An Amnesty proclamation of the President needs approval of Congress.
Amnesty:
111
this is a process in which the prisoner is released from imprisonment, but without full restoration of liberty as a parolee is still in the custody of the law.
Parole:
112
the president can remit fines and forfeitures for any offenses after final conviction. This prevents collection of fines or the confiscation of forfeited property of the convict
Remission of fines and forfeitures:
113
The President can contract or guarantee loans with multilateral institutions like the World Bank and International Monetary Fund (IMF) or other regional banks. But this needs the concurrence of the Monetary Board of the Central Bank.
Powers to contract and guarantee foreign loans on behalf of the Republic of the Philippines (Art. VII, Sec.20).
114
The President is authorized by the Constitution to prepare the budget of receipts and expenditures based on existing and proposed revenue measures and other resources of financing and to submit it to Congress within 30 days from the opening of each regular session. This can become the basis of the general appropriations act to be enacted by Congress for the next fiscal year.
POWERS OF THE PRESIDENT o Budgetary Powers
115
 The President-elect and the Vice-President-elect shall assume office at the beginning of their terms.  If the President-elect fails to qualify, the Vice-President- elect shall act as President until the President-elect shall have qualified.  If a President shall not have been chosen, the Vice- President-elect shall act as President until a President shall have been chosen and qualified.
PRESIDENTIAL SUCCESSION o Section 7
116
If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice-President-elect shall become President.
PRESIDENTIAL SUCCESSION o Section 7
117
Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of inability, the Speaker of the House of Representatives shall act as President until a President or a Vice-President shall have been chosen and qualified.
PRESIDENTIAL SUCCESSION o Section 7
118
The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-president shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.
PRESIDENTIAL SUCCESSION o Section 7
119
The President is removed by a natural cause. The Vice-President becomes the President in case of death of the Chief Executive.
DEATH
120
The President for some personal or political reasons voluntarily relinquish His/her position, the Vice- President acts as the President
RESIGNATION
121
The President is replaced by the Vice-President for serious physical conditions that incapacitates him/her to live up to his/her solemn oath.
PERMANENT DISABILITY
122
The President writes to the Senate President and Speaker of the House of Representatives informing them that s/he is no longer capable of discharging his or her duties as President. But s/he can assume the position as soon as the incapacity is removed.
INCAPACITY
123
The President is removed from office involuntarily. The House of Representatives in a vote of at least one-third of all members can transmit to the Senate the Articles of Impeachment charging the President for culpable violation of the Constitution, betrayal of public trust, high crimes, and graft and corruption.
IMPEACHMENT
124
The Senate sitting as an Impeachment Court holds a trial to determine whether the Articles of Impeachment from the House have legal basis. The senators will act as judges with the Chief Justice as the Presiding officer. A vote of at least two-thirds or 16 of the senators is needed to impeach the President. Thereafter, the Vice- President becomes the new President.
IMPEACHMENT