Sei sulla pagina 1di 8


SERVED IN HIS FORMER OFFICE?? Pres gma who succeeded pres Estrada would be eligible for election in her own right to her present office because she will not have served therein for more than four years by the end of her current term. But if the former presidents unexpired term exceeded that period, she would not be qualified for election to the same office at any time. THE PRESIDENT TAKES AN OATH TO PRESERVE AND PROTECT THE CONSTITUTION DOES NOT AUTHORIZE HIM TO EXCEED HIS OWN POWERS UNDER THE CONSTITUTION ON THE PRETEXT OF PRESERVING AND PROTECTING IT. EMOLUMENTS- any compensation received for services rendered or from possession of an office.

POWERS OF THE PRESIDENT DOES THE PRESIDENT ENJOY THE TOTALITY OF EXECUTIVE POWER? the president of the Philippines is the executive of the government of the Philippines, and no other (villena vs sec of the interior) -all executive authority is thus vested in him (planas vs gil) the words of sec 2 following the general grant of executive power under sec1 were either an enumeration and emphasis of specific functions of the executive, not all inclusive, or were limitations upon the general grant of executive power. (myers vs u.s.) SC held that the presidents power of general supervision over local governments could be exercised by him only as may be provided by law in accordance with the constitutional limitation. (lacson vs roque and mondano vs silvosa) MARCOS VS MANGLAPUS- sc hold the view that although the 1987 constitution imposes limitations on the exercise of specific powers of the president, it maintains intact what is traditionally considered as within the scope of executive power. Corollarily, the powers of the president cannot be said to be limited only to the specific powers enumerated in the constitution. In other words, executive power is more than the sum of specific powers so enumerated. LAUREL VS GARCIA- sc prohibited the sale of the properties of the Philippines at roppongi, japan, on the ground inter alia that the president of the Philippines had no specific statutory authority to sell them. APPOINTMENT- selection by the authority vested with the power, of an individual who is to exercise the functions of a given office. COMMISSION- is the written evidence of an appointment PERMANENT APPOINTMENT- are those extended to persons possessing the requisite eligibility and are thus protected by the constitutional provision on security of tenure. TEMPORARY APPOINTMENT- are given to persons without such eligibility, are revocable at will and without the necessity of just cause or a valid registration. SIX CATEGORIES OF OFFICIALS WHO ARE SUBJECT TO THE APPOINTING POWER OF THE PRESIDENT: 1 THE HEADS OF THE EXECUTIVE DEPARTMENTS 2 AMBASSADORS,

OTHER PUBLIC MINISTERS AND CONSULS 3 OFFICERS OF THE ARMED FORCES FROM THE RANK OF COLONEL OR NAVAL CAPTAIN 4 THOSE OTHER OFFICERS WHOSE APPOINTMENTS ARE VESTED IN HIM BY THE CONSTITUTION 5 ALL OTHER OFFICERS OF THE GOVERNMENT WHOSE APPOINTMENTS ARE NOT PROVIDED FOR BY LAW. 6 THOSE WHOM HE MAY BE AUTHORIZED BY LAW TO APPOINT. THE USUAL STEP IN THE APPOINTING PROCESS are the nomination, which is made by the president; the confirmation, which is the prerogative of the commission on appointments; and the issuance of commission, also done by the president. AD INTERIM APPOINTMENT- appointment comes before the confirmation, which is made by the commission when it reconvenes following the legislative recess. REGULAR APPOINTMENT VS AD INTERIM APPOINTMENT- RA is made during the legislative session; AA is made during the recess. RA is made only after the nomination is confirmed by the COA; AA is made before such confirmation. RA once confirmed by the COA, continues until the end of the term of the appointee; AA shall cease to be valid if disapproved by the COA or upon the next adjournment of the congress. REMOVAL POWER- express power of appointment the pres derives the implied power of removal. It is not correct that all officials appointed by him are also removable by him since the constitution prescribes certain methods for the separation from the public service of some such officers. CONTROL POWER- the president shall have control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. CONTROL- the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. SUPERVISION- overseeing or the power or authority of an officer to see that subordinate officers perform their duties. ART 7, SEC 18: The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. MILITARY POWER ENABLES THE PRESIDENT FOR: 1 command all the armed forces of the Philippines 2 suspend the privilege of the writ of habeas corpus 3 declare martial law. IBP VS ZAMORA- petitioner questioned the command of pres Estrada deploying the phil marines to join the pnp in visibility patrols around metro manila for the purpose of crime prevention. The order was obviously based on the deteriorating peace and order in the metropolis. The IBP contended that there was no emergency or a state of lawless violence to warrant the calling of the armed forces which would have the effect of militarizing the government to the prejudice of individual liberties and the supremacy of civilian authority. The sc dismissed the petition holding inasmuch as the ibp had not shown that the pres had committed grave abuse of discretion in issuing his command, it was not inclined to overrule the presidents determination of the factual basis for the calling of the marines, the ibp was not a proper party to raise the challenge.

WRIT OF HABEAS CORPUS- is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, to submit to, and receive whatever the court or judge awarding the writ shall consider in his behalf. Art3 sec15 The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. MARTIAL LAW refers to that law which has application when the military arm does not supersede civilian authority but is called upon to aid it in the execution of its civil function. During martial law, there is no new powers given to the executive, no extension of arbitrary authority is recognized, no civil rights are suspended. The relations between the state and its citizens is unchanged. The interference that may be caused to personal freedom or property rights must always be based on necessity.

LIMITATIONS OF THE MILITARY POWERS The military powers of the President is not absolute. The following are the limitations on the military powers of the President: 1. 2. He may call out the armed forces when it becomes necessary to prevent or The grounds for the suspension of the privilege of the writ of habeas corpus and

suppress lawless violence, invasion or rebellion only. the proclamation of martial law are now limited only to invasion or rebellion, when the public safely requires it. 3. 4. The duration of such suspension or proclamation shall not exceed sixty days, Within forty-eight hours after such suspension or proclamation, the President following which it shall be automatically lifted. shall personally or in writing report his action to the Congress. If not in session, Congress must convene within 24 hours without need of a call. 5. 6. 7. The Congress may then, by a majority vote of all its members voting jointly, The revocation may not be set aside by the President. By the same veto and in the same manner, the Congress may, upon initiative of revoke his action.

the President, extend his suspension or proclamation for a period to be determined by the Congress if the invasion or rebellion shall continue and the public safety requires the extension. 8. The action of the President and the Congress shall be subject to review by the Supreme Court which shall have the authority to determine the sufficiency of the factual

basis of such action. This matter is no longer considered a political question and may be raised in an appropriate proceeding by any citizen. Moreover, the Supreme Court must decide the challenge within thirty days from the time it is filed. 9. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the Constitution. The civil courts and the legislative bodies shall remain open. Military courts and agencies are not conferred jurisdiction over civilians where the civil courts are functioning. 10. The suspension of the privilege of the writ of habeas corpus shall apply only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. 11. Any person arrested for such offense must be judicially charged therewith within three days. Otherwise he shall be released. PARDON- is an act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed. COMMUTATION- is a reduction or mitigation of the penalty eg when the death sentence is reduced to life imprisonment REPRIEVE- is a postponement of a sentence to a date certain, or a stay of execution. ABSOLUTE OR CONDITIONAL PARDON- is one extended without any strings attached, so to speak, whereas conditional pardon is one under which the convict is required to comply with certain requirements. PLENARY OR PARTIAL PARDON- extinguishes all the penalties imposed upon the offender, including accessory liabilities, whereas partial pardon does not. PAROLE- involves only a release of the convict from imprisonment but not a restoration of his liberty. AMNESTY VS PARDON- Amnesty is usually generally addressed to classes or even communities of persons; pardon is usually addressed to an individual. 2 pardon does not require the concurrence of the congress; amnesty requires such concurrence 3 pardon is a private act of the pres which must be pleaded and proved by the person pardoned because the courts do not take judicial notice of it; amnesty is a public act of which the courts take judicial notice. INDEPENDENCE OF THE JUDICIARY 1. The Supreme Court is a constitutional body. Itcannot be abolished nor may its membership or the manner of its meeting be changed by mere legislation. (art 8 2) 2. The members of the Supreme Court may not be removed except by impeachment. (art. 9 2) 3. The SC may not be deprived of its minimum original and appellate jurisdiction as prescribed in Article X, Section 5. (art. 8 2) 4. The appellate jurisdiction of the Supreme Court may not be increased by law without its advice or concurrence. (art. 6 30)

5. Appointees to the judiciary are now nominated by the Judicial and Bar Council and no longersubject to confirmation by Commission on Appointments. (art. 8 9) 6. The Supreme Court now has administrative supervision over all lower courts and their personnel. (art. 8 6) 7. The Supreme Court has exclusive power to discipline judges of lower courts. (art 8 11) 8. The members of the Supreme Court and all lower courts have security of tenure, which cannot be undermined by a law reorganizing the judiciary. (art. 8 11) 9. They shall not be designated to any agency performing quasi-judicial or administrative functions. (art. 8 12) 10. The salaries of judges may not be reduced during their continuance in office. (art. 8 10) 11. The judiciary shall enjoy fiscal autonomy (art83) 12. Only the Supreme Court may order the temporary detail of judges (art 8 5(3)) 13. The Supreme Court can appoint all officials and employees of the judiciary. (art. 8 5(6)) JUDICIAL POWER- courts of justice are authorized not only 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 part of any branch or instrumentality of the Government. JURISDICTION- authority by which courts take cognizance of and decide cases, the legal right by which judges exercise their authority. QUALIFICATIONS- every member of the judiciary be a person of proven competence, integrity, probity and independence. FISCAL AUTONOMY- freedom from outside control En banc cases- the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon REQUISITES OF A JUDICIAL INQUIRY 1. There must be an actual case or controversy. 2. The question of constitutionality must be raised by the proper party; 3. The constitutional question must be raised at the earliest possible opportunity; 4. The decision of the constitutional question must be necessary to the determination of the case itself. Safeguards Insuring the Independence of the CONSTITUTIONAL Commissions 1. They are constitutionally created; they may not be abolished by statute. (Art. IX-A, 1) 2. Each is expressly described as independent. (Art. IX-A, 1) 3. Each is conferred certain powers and functions which cannot be reduced by statute. (Art. IXB, C and D) 4. The Chairmen and members cannot be removed except by impeachment. (Art. XI, 2) 5. The Chairmen and members are given fairly long term of office of 7 years. (Art. IX-B, C and 1(2)) 6. The terms of office of the chairmen and members of all the commissioners are staggered in such a way as to lessen the opportunity for appointment of the majority of the body by the same President. (Art. IX-B, C and 1(2)) 7. The chairmen and members may not be reappointed or appointed in an acting capacity. (Art. IX-B, C and 1(2))

8. The salaries of the chairman and members are relatively high and may not be decreased during continuance in office. (Art. IX-A, 3; Art. XVIII, 17 ) 9. The Commissions enjoy fiscal autonomy. (Art. IX-A, 5) 10. Each Commission may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights. (Art. IX-A, 4) 11. The chairmen and members are subject to certain disqualifications calculated to strengthen their integrity. (Art. IX-A, 4) 12. The Commissions may appoint their own officials and employees in accordance with Civil Service Law. (Art. IX-A, 4) ARICLE 4B Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. The career service is characterized by: 1. Entrance based on the merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications; 2. Opportunity for advancement to higher career positions; 3. Security of Tenure. The non-career service is characterized by: 1. Entrance on bases other than of the usual tests of merit and fitness utilized for the career service; 2. Tenure which is limited to a period specified by law, or which is co-terminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made. EXCEPTED FROM THE REQUIREMENT FOR COMPETTITIVE EXAMINATIONS 1. Policy Determining 2. Primarily Confidential 3. Highly Technical Policy-Determining Position One charged with laying down of principal or fundamental guidelines or rules, such as that of a head of a department. Primarily Confidential Position One denoting not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayals of personal trust on confidential matters of state Highly Technical Position A highly technical position requires the appointee thereto to possess technical skill or training in the supreme or superior degree. PARTISAN POLITICAL ACTIVITY- active support for or affiliation with the cause of a political party or candidate Public Office- The right, authority or duty, created and conferred by law, by which for a given period, either fixed by

law or enduring at the pleasure of the creating power, an individual is invested with some sovereign power of government to be exercised by him for the benefit of the public. Grounds for impeachment 1. Culpable Violation of the Constitution 2. Treason, Bribery and Graft and Corruption 3. Other High Crimes or 4. Betrayal of Public Trust Note: The enumeration is exclusive. Culpable Violation of the Constitution Culpable violation of the Constitution is wrongful, intentional or willful disregard or flouting of the fundamental law. Obviously, the act must be deliberate and motivated by bad faith to constitute a ground for impeachment. Mere mistakes in the proper construction of the Constitution, on which students of law may sincerely differ, cannot be considered a valid ground for zmpeachment. Treason Treason is committed by any person who, owing allegiance to the Government of the Philippines, levies war against it or adheres to its enemies, giving them aid and comfort. (RPC, Article 114) Bribery Bribery is committed by any public officer who shall agree to perform an ac, whether or not constituting crime, or refrain from doing an act which he is officially required to do in connection with the performance of his official duties, in consideration for any offer, promise, gift or present received by him personally or through the mediation of another, or who shall accept gifts offered to him by reason of his office. 9RPC, Arts. 210-211) Other High Crimes According to the special committee of the House of Representatives that investigated the impeachment charges against President Quirino, are supposed to refer to those offenses which, like treason and bribery, are of so serious and enormous a nature as to strike at the very life or the orderly workings of the government. This rather ambiguous definition, assuming it is correct, would probably exclude such offenses as rape and murder which, although as serious as treason and bribery, will not necessarily strike at the orderly workings, let alone life of the government. Graft and Corruption Graft and corruption is to be understood in the light of the prohibited acts enumerated in the Anti-Grant and Corrupt Practices Act, which was in force at the time of the adoption of the Constitution. Betrayal of Public Trust The 1987 Constitution has added betrayal of public trust, which means any form of violation of the oath of office even if such violation may not be criminally punishable offense. This is a catch-all to cover all manner of offenses unbecoming a public functionary but not punishable by the criminal statutes, like inexcusable negligence of duty, tyrannical abuse of authority, breach of official duty by malfeasance or misfeasance, cronyism, favoritism, obstruction of justice.

However, a public office is not property within the constitutional guaranties of due process. It is a public trust or agency. As public officers are mere agents and not rulers of the people, no man has a proprietary or contractual right to an office. Every officer accepts office pursuant to law and holds office as a trust for the people whom he represents. ART 11 Section 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.