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Soc 116 > POWERS > Flashcards

POWERS Flashcards

1
Q 
\: The
President is the chief executive and as
such is empowered to appoint heads of
the executive departments; ambassadors,
other public ministers and consuls;
officers of the armed forces from the rank
of colonel or naval captain; and other
specified officers of government, with the
consent of the Commission on
A

• ADMINISTRATIVE POWER:

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2
Q

The President cannot be sued
(Government cannot be sued without it
consent) –

A

Immunity from Prosecution

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3
Q 
teworthy that the President's
appointments of members of the Supreme
Court and judges of the lower courts are
no longer subject to confirmation by the
Commission on Appointments. Instead,
such appointments shall now be made by
a Judicial and Bar Council which is under
the supervision of the Supreme Court. The
President also has the power to appoint
Commissioners and member of
Constitutional Commissions and
Ombudsman and Deputy Ombudsman
(one for Luzon, one for Visayas, and one
A

POWER TO APPOINT JUDGES OF
JUDICIAL BRANCH, CONSTITUTIONAL
COMMISSSIONS AND OMBUDSMAN:

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4
Q

This means
that President may contract or guarantee
foreign loans on behalf of the Republic of
the Philippines with the prior
concurrence of the Monetary Board and
subject to limitations set by law i.e., by
Congress

A

POWER TO TAKE LOANS:

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5
Q 
\: Meaning President
has the power to call out the Armed
Forces to prevent or suppress lawless
violence, invasion or rebellion only when
it is necessary.
A

MILITARY POWER

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6
Q

Also has the authority to declare a state

of rebellion and Martial Law

A

pres

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7
Q 
It gives the
president the power to enact an act if
grace to anyone that exempts and
individual from punishment, which the
law inflicts.
• SALARY: Ph
A

PARDONING POWER

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8
Q

CONSTITUTIONAL BASIS ON DECLARING

MARTIAL LAW

A

Lawless Violence

Invasion

Rebellion

When Public Safety requires it

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9
Q

CONDITIONS ON DECLARING MARTIAL LAW

A

Not exceeding sixty (60) days (unless
approved by Congress)

• After declaration, President should report
to Congress within 48 hours in person or
writing.

• Congress, in joint-session, should approve
the Declaration (majority of all members)

• May be reviewed by Supreme Court

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10
Q

is authorized to make laws,
alter, and repeal them through the power vested
in the Philippine Congress. This institution is
divided into the Senate and the House of
Representatives.

A

Legislative branch

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11
Q

(to initiate all cases of
impeachment is the power of the House of
Representatives; To try all cases of impeachment
is the power of the Senate.)

A

POWER TO IMPEACH

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12
Q

(Only the

Senate is authorized to use this power.)

A

POWER TO CONFIRM TREATIES

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13
Q

(The Senate and the House of
Representatives must convene in joint session to
do this.)

A

POWER TO DECLARE THE EXISTENCE OF

WAR

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14
Q

– Presidential power over all cases
except crimes against the State. Presidential
prerogative

A

PARDON

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15
Q

Presidential power to forgive any
prisoner who staged coup de ‘etat, rebellion or
any crimes against the State. Should be
concurred by the Congress.

A

AMNESTY

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16
Q

IMPEACHABLE OFFICERS

A
  • President
  • Vice President
  • Justices of the Supreme Court

• Members of Constitutional Committees
(Commission on Elections, Commission
on Audit, Civil Service Commission)

• Ombudsman

17
Q

PROCESS AT THE HOUSE OF

REPRESENTATIVE

A

• The House of Representatives has the
exclusive power to initiate all cases of
impeachment.

• A verified complaint must be filed by
either a Member of the House of
Representatives or by any citizen upon a
resolution of endorsement by any
Member thereof.
• Once the verified complaint has been filed
it shall be included in the Order of
Business within ten (10) session days,
and referred to the proper Committee
within three session days thereafter.
 • The Committee, after hearing, and by a
majority vote of all its Members, shall
submit its report to the House
within sixty session days from such
referral, together with the corresponding
resolution. The resolution shall be
calendared for consideration by the
House within ten session days from
receipt thereof. In the committee
hearings, a vote of at least one-third of all
the Members of the House shall be
necessary either to affirm a favorable
resolution with the Articles of
Impeachment of the Committee, or
override its contrary resolution. The vote
of each Member shall be recorded.

• If however, the verified complaint or
resolution of impeachment is filed by at
least one-third of all the Members of the
House, the same shall constitute the
Articles of Impeachment, and trial by the
Senate shall forthwith proceed.

18
Q

PROCESS AT THE SENATE

A

• Senate has the sole power to try and
decide all cases of impeachment. When
sitting for that purpose, the Senators shall
be on oath or affirmation. When the
President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall
preside, but shall not vote.

• No person shall be convicted without the
concurrence of two-thirds of all the
Members of the Senate.

19
Q

CONSEQUENCES OF IMPEACHMENT

A

• The person impeached shall be removed
from office and shall be disqualified to
hold any office under the Republic of the
Philippines, but the party convicted shall
nevertheless be liable and subject to
prosecution, trial, and punishment
according to law. It is clear that the
liability does not end at the Senate, the
person impeached shall also be held for
appropriate action as a result of his illegal
and improper acts.

• In addition, a limitation is set where no
impeachment proceedings shall be
initiated against the same official more
than once within a period of one year

20
Q

PRIVILEGES OF THE LEGISLATORS

A

SALARY

PRIVILEGE FROM ARREST

PRIVILEGE OF SPEECH AND DEBATE

21
Q 
Members of Congress cannot be
prosecuted for any words spoken in
debate or in connection with voting or
used in written reports or with generally
done in a session of either House of
Representative or Senat
A

• PRIVILEGE OF SPEECH AND DEBATE

22
Q

POWERS OF LEGISLATIVE IN EXECUTIVE

NATURE

A 
• Appointment of its officers;
• Affirming treaties;
• Confirming presidential appointees
through the Commission on
Appointments;
• Removal of power
23
Q

POWERS OF LEGISLATIVE IN JUDICIAL

NATURE

A

• To punish its Members for disorderly
behavior, and, with the concurrence of
two-thirds of all its Members, suspend or
expel a Member

• To concur and approve amnesty declared
by the President

• To initiate, prosecute and thereafter
decide cases of impeachment

24
Q

OTHER POWERS OF THE LEGISLATIVE:

A

• To authorize the Commission on Audit to
audit fund and property

• To authorize the President of the
Philippines to formulate rules and
regulations in times of emergency
(Emergency Powers)

25
Q

are laws in the making. They pass into
law when they are approved by both houses and
the President of the Philippines. A bill may be
vetoed by the President, but the House of
Representatives may overturn a presidential
veto by garnering a 2/3rds vote. If the President
does not act on a proposed law submitted by
Congress, it will lapse into law after 30 days of
receipt

A

BILLS

26
Q

Mere Statement of declaration

by the Congress, short-term legal effect

A

RESOLUTIONS

27
Q 
requires
approval from the Senate, the HOR, and
the signature of the President. They have
the force and effect of a law once
approved
A

JOINT RESOLUTIONS

28
Q

used for
matters affecting operations of both
chambers and must be approved in the
same form by both. These are not
transmitted to the President; hence, they
do not have the same force and effect of a
law

A

• CONCURRENT RESOLUTIONS

29
Q

– deals with
matters entirely within one of the
chambers. As such, these are not referred
to the President and do not have the force
and effect of a law

A

SIMPLE RESOLUTIONS –

Soc 116 (5 decks)

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