Soc 116 Flashcards
President is the chief executive and such is empowered to appoint heads of the executive department
(ambassadors, consuls, officers of the armed forces)
with consent of the Commission on Appointment
Administrative Power
President cant be sued while in office
Immunity from Prosecution
No need for confirmation but made by Judicial and Bar Council, under supervision of SC
Power to Appoint Judges of Judicial Brach, Constitutional Commissions and Ombudsman
President is Chief Diplomat
negotiate treaties, international agreements
Diplomatic Power
President may contract or guarantee foreign loans (with agreement with Monetary Board)
Power to Take Loans
President has the power to call out the Armed Forces only when necessary
authority to declare state of rebellion or Martial Law
Military Power
An act of grace which exempts them from punishment
Pardoning Power
Salary of the President
160,924
Salary of the VP
135,376
Constitutional Basis on Declaring Martial Law
Lawless Violence
Invasion
Rebellion
Public Safety
Conditions on Martial Law
max. 60 days (unless congress)
after declaration, pres. must report to congress within 48 hours
Congress must approve
may be reviewed by SC
authorized to MAKE ALTER AND REPEAL LAWS
Legislative Branch (Senate and House of Representative)
HoR initiates these cases but tried by the Senate
Power to Impeach
Only senate is authorized to in relation to the President’s Diplomatic Power
Power to Confirm Treaties
Senate and HoR must convene in joint session in relation to Military Power
Power to Declare the Existence of War
Legislative power in relation to Pres.’s Pardoning Power
Power to Concur Amnesty
Presidential Power over all cases except crimes against the state
Presidential Prerogative
Pardon
Presidential power to forgive coup de’etat, rebellion, etc. and must be concurred by Congress
Amnesty
Impeachable Officers
President VP Justices of SC Members of Constitutional Commissions Ombudsman
study impeachment process
study impeachment process
Salary of Senate President
135, 376
Salary of House Speaker
117,086
to ensure representation of the constituents by member of Congress
Privilege from Arrest
Members of Congress can not be prosecuted for any words spoken in debate
Privilege of Speech and Debate
Executive nature of Legislative powers
appointment of officers
affirming treaties
confirming presidential appointees through Commission on Appointments
Removal of Power
Judicial nature of Legislative powers
punish members (with concurrence of 2/3) concur and approve amnesty initiate prosecute and decide cases of impeachment
Other powers of Legislative
authorize the Commission on Audit to audit fund and property
authorize Emergency Powers
President can formulate rules and regulations in times of Emergency
Emergency Powers
Laws in the making
Bills (read more in reviewer)
mere statement of declaration by the congress
short-term legal effect
Resolutions
requires approval from Senate and HoR and signature of President
force and effect of law once approves
Joint Resolutions
must be approved by Senate and HoR but not transmitted to the President
not the same force and effect of law
Concurrent Resolutions
deals within one of the chambers, not referred to the President
not the same force and effect of law
Simple Resolutions
read about legislative process
read about legislative process
Order by which higher court reviews the lower court
Certiorari
Command to an inferior court or person to perform public of statutory duty
Mandamus
writ or legal actions requiring a person to show by what warrant an office or franchise is held, claimed, or excercised
quo warranto
write requiring a person under arrest to be brought before a judge or into court (to prove if detention is lawful or not)
Habeas Corpus
an order for the court not to exercise jurisdiction in a particular case
Prohibition
supervise all personnel and courts under the branch
Administrative power of Judicial Branch
Presides over and render judgement on court-worthy cases
enforce statutes and laws
and to interpret
Judicial Power
the Supreme Power can settle cases involving diplomats stationed in Foreign Lands
Power to Settle Diplomat Duties
Reviews decisions of Lower Courts
Reviews decisions and resolutions in administrative cases of Ombudsman and DoJ
Court of Appeals
has jurisdictions over criminal and civil cases involving graft and corruption practices committed by public officers and employees
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