Basic Consti Law for Undergrads: Executive department

ARTICLE VII

THE EXECUTIVE DEPARTMENT OF
THE REPUBLIC OF THE PHILIPPINES

ATTY. HARVE B. ABELLA, ESQ.

STANDARD OF THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES

SEAL OF THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES

THE EXECUTIVE DEPARTMENT
Executive Power:
•It is vested in the President. Whatever is not legislative, is residual
power exercised by the President. (Marcos v Manglapus, 178 SCRA
760)
Art. VII, Sec. 1
•The executive power shall be vested in the President of the
Philippines.
•Power to enforce & administer laws
Qualifications:
•Sec. 2. No person may be elected as President unless he is a
natural born citizen of the Philippines, a registered voter, able to read
and write, at least 40 years of age on the day of the election and a
resident of the Philippines for a least 10 years immediately
preceeding the election.
MAY NOT BE INCREASED OR REDUCED BY CONGRESS. Applicable
rule of interpretation: Expressio unius est exclusio alterius.
These qualifications should be possessed by the candidate on the day of
the election regardless of the time he is actually proclaimed.


Election:
•Regular – second Sunday of May, every 6 years
•Special –
•Death, permanent disability, removal from
office or resignation of both the President & the
Vice President
•Vacancies occur more than 18 months before
the next regular presidential election
•A law passed by Congress calling for a
Special Election to elect a Pres. & VP to be
held not earlier than 45 days no later than 60
days from time of such call. (Sec. 10, ART VII)


Election & Proclamation
Canvass of election returns: Conducted in the light of Art. VII, Sec. 4

The returns of every election for P & VP, duly certified by the Board of
Canvassers of each province or city, shall be transmitted to the Congress, directed
to the President of the Senate. Upon receipt of the COC’s, the President of the
Senate shall, not later than 30 days after the day of the election, shall open all
certificates in the presence of the Senate & the House of Reps. In joint public
session, and the Congress, upon determination of the authenticity and due
execution thereof in the manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed
elected, but in case 2 or more shall have an equal and highest number of votes,
one of them shall forthwith be chosen by vote of a majority of all members of both
Houses of Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of certificates.
The SC, sitting en banc, shall be the sole judge of all contests relating to
election, returns, and qualifications of the P or VP, and may promulgate rules for
the purpose.


Term of Office: Sec. 4
6 years:
noon on the 30th day of June to end on the 30th of June 6 years after
•Shall not be eligible for any re-election.
•Originally meant to force the P. to devote his time to his position.
•No prohibition against running for a lower position
•Running for the same office after another has been president
after him?
•Perpetual disqualification from running for the same office
•“any re-election”
•Can be re-elected. Provided it is not immediately after his term
ends.
•No person who has succeeded as president and has served for such for
more than 4 years shall be qualified for election to the same office at any
time.


The PGMA Question.
•PGMA succeeded ERAP on Jan. 20, 2001
•PGMA ran for President in May 2004.
•PGMA became President on June 30, 2004
Was she validly elected as President?
•PGMA ran as congresswoman in May 2010
•PGMA became a congresswoman in June 30, 2010
Was she validly elected as Congresswoman for her district?

STANDARD OF THE VICE PRESIDENT
OF THE REPUBLIC OF THE PHILIPPINES

SEAL OF THE VICE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES


The VP
Sec. 3.
•Same qualifications as the President.
•Eligible for the position of member of the Cabinet
•Does not need confirmation by Commission on Appointments
•Cannot demand appointment. Cannot be forced to accept
appointment.
Sec. 4(2)
•Cannot serve for more than 2 successive terms.
•Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of the service for
the full term for which he was elected.

CAN THE VP BE ALLOWED TO RUN FOR A 3RD TIME ?


Sec. 9 Vacancy in the office of the VP
The president shall nominate a VP from among the Senators and
the House of Reps.
He shall assume office upon confirmation by a majority vote of all
Members of both Houses of Congress voting separately


RULES ON SUCCESSION
Vacancy at the beginning of the term:
•Death or permanent disability of the President-elect
•VP-elect shall become President
•President-elect fails to qualify
•VP-elect shall ACT as president until the President-elect
shall have qualified.
•President shall not have been chosen:
•VP-Elect shall ACT as president until a President shall
have been chosen & qualified.


No President and VP chosen or qualified, or both have died or
become permanently disabled:
•SENATE PRESIDENT in an acting capacity
•In case of inability
•SPEAKER OF THE HOUSE in an acting capacity
•Until a president or a VP shall have been chosen
and qualified.
IN THE EVENT OF INABILITY OF BOTH, who shall ACT as
President?
•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 VP SHALL HAVE QUALIFIED.
•Does not necessarily follow that the SC CJ shall
become acting president.


VACANCY DURING THE TERM
•Death, permanent disability, removal from office, or resignation
of the President
VP SHALL become President

THE STRANGE CASE OF RESIGNATION OF A PRESIDENT.
-The “DEEMED RESIGNED” case-
Joseph Ejercito Estrada vs Gloria Macapagal-Arroyo, GR No. 146738, 3/2/01

Oath of Office Sec. 5
Not a source of substantive power. Merely intended to deepen the sense of
responsibility of the President and ensure a more conscientious discharge of his
office.


Death, permanent disability, removal from office, or resignation of President
AND Vice president:
•Senate President – acting capacity
•IN CASE OF INABILITY
•Speaker of the House – acting capacity
Until a President or VP shall be elected and qualified.
•Congress, by law, shall provide for the manner which one is to act as
President in the event of inability of the officials mentioned above.


TEMPORARY DISABILITY
•When the President TRANSMITS to the SP and the SH
•Written Declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to
them a written declaration to the contrary: such powers and
duties shall be discharged by the VP as ACTING President.
•Majority of ALL the Members of the CABINET TRANSMIT to the SP
and SH:
•Written Declaration that the P is unable to discharge the
powers and duties of his office
•VP IMMEDIATELY assumes the powers and duties of the
Office as ACTING PRESIDENT
•President transmits Written Declaration that NO inability exists,
•Reassume the powers of the office of the President


Should a majority of the CABINET MEMBERS transmit within 5
days to the SP and SH
Written declaration that the P is unable to discharge the powers
and duties of his office, CONGRESS SHALL DECIDE THE ISSUE.
Congress shall convene, if not in session, within 48 hours.
Within 10 days from receipt of last written declaration or, if not in
session, within 12 days after it is required to assemble, Congress
determines by a vote of 2/3 vote of both Houses voting Separately,
that the president is unable to discharge the powers and duties of
his office, the VP shall act as President, otherwise, the President
shall continue exercising the powers and duties of his office.


Constitutional Duty of Congress in case of vacancy in the
offices of the President and the VP:
•At 10AM of the 3rd day after the vacancy occurs, Congress
shall convene w/o the need of a call, and within 7 days, enact a
law calling for a special election to elect a President and VP to
be held not earlier than 45 nor later than 60 daysfrom the time
of such call.

NO SPECIAL ELECTION SHALL BE CALLED IF THE VACANCY
OCCURS WITHIN 18 MONTHS BEFORE THE DATE OF THE
NEXT PRESIDENTIAL ELECTION.

Removal of the President: Impeachment. Sec. 2&3, Art. XI


Prohibitions & Inhibitions (Sec. 6 & 13, ART VII)
1. shall not receive ANY OTHER emoluments from the gov’t or any other source
2. Shall not hold any other office or employment unless otherwise provided for by the
Consti.
3. Not directly/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 gov’t. or any subdivision, agency or instrumentality thereof, GOCC’s
or their subsidiaries
4. Strictly avoid conflict of interest in the conduct of their office
5. May not appoint a spouse or relatives by cosanguinity or affinity within the 4th civil
degree as members of the Consti. Commissions, or the Office of the Ombudsman,
or as Secretaries, Undersecretaries, chairmen/heads of bureaus or offices,
including GOCCs and their subsidiaries.
• Guaranty against NEPOTISM.
PUBLIC OFFICE IS A PUBLIC TRUST. (SEC 1. ART XI)


POWERS OF THE PRESIDENT


1. EXECUTIVE POWER
Power to enforce and administer laws
•The President shall have control of all executive departments, bureaus and
offices. He shall ensure that all laws are faithfully executed. (Sec. 17, ART 7)
•Until and unless a law is declared unconstitutional, the President has a duty
to execute it regardless of his doubts as to its validity (FAITHFUL
EXECUTION CLAUSE) Sec. 1 and 17, Art. 7


2. POWER OF APPOINTMENT
With the Consent of the Commission on Appointments
•Heads of executive departments
•Ambassadors and other public ministers and consuls
•Officers of the AFP from the rank of colonel or naval captain (Sarmiento
vs Mison, GR No. 79974, 12/17/1987
•Only appointments under the 1st sentence of Sec. 16, Art. 7 need
confirmation of COA.
•Officers whose appointments are vested in him by the Constitution


2. POWER OF APPOINTMENT
•With prior recommendation or nomination by the Judicial and Bar Council
•Members of the Supreme Court and all lower courts. Sec 9, Art. 8
•Ombudsman & his deputies
•Requiring nominations by multi-sectoral groups
•Regional consultative commission (Sec. 18, Art. X)
•Party list representatives (prior to enactment of Party-list Law (Sec. 7, Art.
XVIII)
•Appointment of the VP as member of the Cabinet


Appointment solely by the President
•Those vested by the Constitution on the President alone
•Those whose appointments are not otherwise provided for by law
•Those whom he may be authorized by law to appoint
•Those other officers lower in rank whose appointment is vested by law in the
President alone.
Limitations
Appointments made by an acting president shall remain effective unless revoked w/in
90 days from assumption of office by elected President (Sec. 14, ART. VII)
Appointment BAN. 2 months immediately before the next Presidential elections and
up to the end of his term when continued vacancy will prejudice public service or
endanger public safety (Sec. 15, Art VII)
Power to make appointments during the recess of the Congress, whether voluntary or
compulsory – effective until disapproved by COA / until next adjournment of the
Congress (Sec. 16, par 2. Art. VII


3. Power of Removal
Implied from the power to appoint.
EXCEPTION
Those appointed by him where the Constitution provides certain
methods for separation from public service (e.g. impeachment)

4. Power of Control
Power of an officer to
•Alter
•Modify
•Nullify
•Set aside what a subordinate has done in the performance of his
duties and to substitute his judgment to that of the former (Mondano vs.
Silvosa, 97 Phil. 143)


5. Military Powers (sec. 18, ART VIII)
Commander-in-chief clause
•To call out the armed forces to prevent lawless violence,
invasion, or rebellion
•To organize courts martial for the discipline of members of the
armed forces, and create military commissions for the
punishment of war criminals

Suspension of the Privilege of the Writ of Habeas Corpus and
Declaration of Martial Law

Grounds: invasion or rebellion, when the public safety requires it
Duration: not more than 60 days following which it shall be lifted, unless extended by
Congress
President to report to Congress: w/in 48 Hours personally or in writing
Authority of Congress to revoke/extend effectivity of proclamation: majority vote of ALL
its members voting jointly
Authority of SC: inquire into sufficiency of the factual basis for such action, at the
instance of ANY CITIZEN. Decision must be promulgated w/in 30 days w/in its filing
Proclamation does not affect the right to bail
Suspension (H.Corpus) applies only to persons facing charges of rebellion or offenses
inherent in or directly connected with invasion
Persons charged must be charged w/in 3 days if not, they must be released
•PROCLAMATION DOES NOT SUPERSEDE CIVILIAN AUTHORITY.


Effects of Proclamation of Martial Law

The President can
•Legislate
•Order the arrest of people who obstruct the war effort
•The FF cannot be done
•Suspend the operation of the constitution
•Supplant the functioning of the civil courts and the legislative assemblies
•Confer jurisdiction upon military courts, where civil courts are able to function
OPEN COURT DOCTRINE – civilians cannot be tried by military courts if civil courts
are open and functioning
Automatically suspends the privilege of the writ of habeas corpus (Sec. 18, Art. 7)


6. Pardoning Power
•Discretionary, may not be controlled by the legislature or
reversed by the court unless there is a constitutional violation
•In granting the power of executive clemency upon the
President, Sec. 19 Art. 7 does not distinguish between
criminal and administrative cases

Limitations
•Cannot be granted in cases of impeachment
•Cannot be granted in violations of election laws w/o the favorable
recommendations by the COMELEC
•Can be granted only after conviction by final judgment (except
amnesty)
•Cannot be granted in cases of legislative contempt or civil contempt
•Cannot absolve convict of civil liability
•Cannot restore public offices forfeited


Pardon – act of grace which exempts the individual on whom it is
bestowed from punishment which the law inflicts for a crime he has
committed
Classification of Pardon
•Plenary or partial
•Absolute or conditional
Commutation – reduction or mitigation of the penalty
Reprieve – postponement of sentence or stay of execution
Parole – release from imprisonment but without full restoration of
liberty, as parolee is in the custody of the law although not in
confinement
Amnesty – act of grace, concurred by the Legislature, extended to
classes of persons who committed political offenses., which puts into
oblivion the offense itself.


AMNESTY PARDON

1. Political offenses 1. Infraction of peace/common crimes

2. Granted to CLASSES of persons 2. Granted to INDIVIDUALS

3. Requires concurrence of 3. Does not require concurrence of
Congress Congress

4. Public act to which the may take 4. Private act which must be pleaded
judicial notice and proved

5. Looks backward and puts into 5. Looks forward and relieves the
oblivion the offense itself pardonee of the consequences of
the offense
6. May be granted even before trial
6. Can be granted ONLY AFTER
conviction


7. Borrowing Power Sec. 20, Art. 7
8. Diplomatic Power Sec. 21, Art. 7
•No treaty or international agreement shall be valid and effective
unless concurred in by at least 2/3 of all members of the SENATE
9. Budgetary Power Sec. 22, Art. 7
•W/in 30 days from opening of every regular session, President shall
submit to Congress a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue
measures
10. Informing Power Sec. 23, Art. 7
•President shall address Congress at the opening of its regular
session. President may also appear before it at any other time.


Other Powers

IMMUNITY FROM SUIT DURING HIS
TENURE IS DEEMED IMPLED IN THE
CONSTITUTION
•The immunity does not extend to non-official acts for wrongdoing. Estrada vs
Desierto GR Nos. 146710-15, 3/2/01


Conditions for the Exercise of Emergency Powers
1. War or national emergency
2. There must be a law authorizing the President to exercise emergency
powers
3. Exercise must be for a limited period
4. Must be subject to restrictions that Congress may provide
5. Exercise must be necessary and proper to carry out a declared national
policy (Sec. 23(2), Art. 6)

THE JUDICIAL DEPARTMENT OF THE
REPUBLIC OF THE PHILIPPINES

THE JUDICIAL DEPARTMENT

JUDICIAL POWER
Judicial power includes the duty of the courts to settle actual
controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of
jurisdiction on the party of any branch or instrumentality of
government. Sec. 1, Par. 2, ART VIII
•Vested in
•One Supreme Court; and
•Such lower courts as may be established by law
(Sec. 1, ART 8)


Jurisdiction
From Latin :
•Juris – “right law”
•Dictionem (nom. Dictio) = “a saying”
The power to hear and decide a case and execute the decision thereof
•Congress shall have the power to define, prescribe and apportion the
jurisdiction of the various courts but not deprive the SC of its jurisdiction
over cases enumerated in Sec. 5, ART 8
•No law shall be passed increasing the appellate jurisdiction of the SC as
provided in the Consti without its advice and concurrence Sec. 30, Art. 6


Safeguards that guarantee INDEPENDECNE OF THE JUDICIARY
•Constitutional body and may not be abolished by law
•Members are removable by impeachment
•SC may not be deprived of its minimum & appellate jurisdiction; appellate
jurisdiction may not be increased without its advice or concurrence
•SC has administrative supervision over all inferior courts
•SC has exclusive power to disciple judges/justices of inferior courts
•Members enjoy security of tenure
•Members of the judiciary may not be designated to any agency performing
quasi-judicial or administrative FXNS.
•Salaries of judges may not be reduced, judiciary enjoys fiscal autonomy
•SC alone may order temporary detail of judges
•SC can appoint all officials and employees of the Judiciary


Qualifications of CJ and AJ of the SC
•Natural Born Citizen
•At least 40 years of age
•15 years or more as a judge of a lower court or has been engaged in the
practice of law in the Philippines for the same period
•A person of proven competence, integrity, probity and independence
Presiding Justice and AJ of the CA
•Same qualifications as those of the SC


Qualifications of RTC Judges
•Citizen of the Philippines
•At least 35 years of age
•Has been engaged in the practice of law for at least 5 years or has held
public office requiring admission to the practice of law as an indispensable
requisite
•A person of proven competence, integrity, probity and independence
Qualifications of MTC/MTCC/MCTC
•Citizen of the Philippines
•At least 30 years old

•Has been engaged in the practice of law for at least 5 years or
has held public office requiring admission to the practice of law
as an indispensable requisite
•A person of proven competence, integrity, probity and
independence


Procedure for Appointment
•Appointed by the President among a list of at least 3 nominees
prepared by the JBC for every vacancy
•For lower courts, President shall issue the appointment 90 days from
submission of the list.
TENURE OF JUSTICES/JUDGES
•SC = 70 years of age or become incapacitated to discharge their duties.
May be removed only through impeachment
LOWER COURT
•70 years of age or become incapacitated to discharge their duties
•SC en Banc, majority vote, shall have the power to discipline judges of
lower courts or order their dismissal
•No law shall be passed reorganizing the judiciary when it undermines
the security of tenure of its members Sec. 2, Art. 8

THE SUPREME COURT OF THE PHILIPPINES


Composition
CJ and 14 AJ
•May sit en banc
•Sit in divisions of 3, 5, 7 members – discretionary
•Any vacancy shall be filled within 90 days from occurrence thereof, but
in no case shall appointment be made 2 months before the next
presidential election and up to the end of the term of the president
•The SC ruled that the APPOINTMENT BAN 2 months before the
next presidential election does not apply to the SC but only to the
EXECUTIVE DEPARTMENT

POWERS OF THE SUPREME COURT

ORIGINAL JURISDICTION
•Over cases affecting ambassadors, other public ministers and consuls
•Over petitions for Certiorari, Prohibition, Mandamus, Quo Warranto, and
Habeas Corpus; and
•Review of the factual basis for the declaration of Martial Law or suspension of
the privilege of the writ of habeas corpus.
APPELLATE JURISDICTION
•Over final judgment and orders of the lower courts in all cases which the
constitutionality or validity of any treat, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance or regulation
is in question
•Legality of tax impost, assessment, toll, any penalty imposed in relation thereto
•All cases in which the jurisdiction of any lower court is in issue
•All criminal cases in which the penalty imposed is reclusion perpetua or higher
•All cases in which only a QUESTION OF LAW IS INVOLVED. (sec. 5, Art. 8)


•Electoral Tribunal for Presidential and VP Contest sitting en banc, over all
contests relating to the election, returns and qualification of the P or VP Sec.
4(7) Art. 7
•Temporary Assignments of judges of lower courts to other stations as public
interest may require. Not to exceed 6 months without the consent of the judge
concerned
•Order a change of venue or place of trial, to avoid miscarriage of justice
•Rule making power: promulgates the rules concerning the protection and
enforcement of constitutional rights; pleading, practice, and procedures in all
courts, admission to the practice of law, IBP, and legal assistance to the
underprivileged
•Simplified, inexpensive procedure for speedy disposition of cases
• uniform for all courts in the same grade
•Shall not diminish, increase, modify substantive rights


Power of Appointment
•Appoints all officials and employees of the Judiciary in accordance with the
Civil Service Law
Power of administrative Supervision
•Administrative supervision over all courts and the personnel thereof
•A mere division of the SC may discipline a judge of the lower court
•The SC is required to decide a case en banc only when the dismissal of a
judge is involved


POWER OF JUDICIAL REVIEW
•The power of the courts to test the validity of executive and legislative acts
in light of their conformity with the constitution. This is not an assertion of
superiority by the courts over the other departments, but merely an
expression of the supremacy of the Constitution. (Angara vs Electoral
Commission, 63 Phil 139)

DOCTRINE OF JUDICIAL SUPREMACY
•When the Judiciary allocates constitutional boundaries, it neither asserts
superiority nor nullifies an act of the legislature. It only asserts the solemn
and sacred obligation assigned to it by the Constitution to determine
conflicting claims of authority under the Constitution and to establish for the
parties an actual controversy the rights which that instrument secures and
guarantees to them. (Laurel, Angara vs Electoral Commission, 63 Phil 139)


Requisites of Judicial Review
Actual case or controversy
•A conflict of legal rights, an assertion of opposite legal claims susceptible of
judicial determination
One who has sustained or is in imminent danger of sustaining an injury as a
result of the act complained of
TAX PAYER SUIT. All elements must concur
•Public finds are disbursed by a political subdivision or
instrumentality
•A law is violated or some irregularity is committed, and that the
petitioner is directly affect by the ultra vires act (Anti-Graft League of
the Philippines vs. CA, 260 SCRA 250)
Constitutional question must be raised at the earliest opportunity
Determination of Constitutionality of the statute must be necessary to a final
determination of the case (People vs Vera, 65 Phil. 56)


GRAVE ABUSE OF DISCRETION AMOUNTING
OF LACK OF JURISDICTION
Capricious and whimsical exercise of judgment.
The abuse of discretion must be patent and gross
as to amount to an evasion of a positive duty or a
ritual refusal to perform a duty enjoined by law, or
to act at law in contemplation of law, as where the
power is exercised in an arbitrary and despotic
manner by reason of passion or hostility.
(Intestate Estate of Carmen de Luna vs IAC, 170
SCRA 246)


JUSTICIABLE QUESTION POLITICAL QUESTION
A definite and concrete dispute Two Aspects
touching on the legal relations of the
•To those questions which, under
parties having adverse legal
the Constitution, arte to be
interests which may be resolved
decided by the people in their
through the application of a law.
sovereign capacity
Cutaran v DENR, GR No. 134958
•In regard to which full
1/31/01 discretionary authority has been
delegated to the legislature or
executive branches of
government
(Tanada vs Cuenco, 100 Phil. 1101)


FXNs of JUDICIAL REVIEW
Checking
•Invalidating a law or executive act that is found to be contrary to the
Constitution
Legitimating
•Upholding the validity of the law that results from a mere dismissal of a
case challenging the validity of the law
Symbolic
•To educate the bench and bar as to the controlling principles and concepts
on matters of grave public importance for the guidance of and restraint
upon the future. Salonga vs Cruz Pano, 134 SCRA 438

Basic Consti Law for Undergrads: Executive department

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