Notes: Executive Department

Sunday, October 26, 2014 11:26 AM

Qualifications of President
Natural-born citizen of the Philippines
Registered voter
Able to read and write
40 years of age on the same day of the election
Resident for at least 10 years
Pormento v. Estrada
Draft of 1986 Constitutional Commission
Proposals
Can be re-elected but not consecutive terms
(Approved) no re-election at all
1 immediate re-election allowed
1987: The President shall not be eligible for any re-election
VP can be re-elected for only 2 successive terms
If the Senate and House do not agree in case of tie, they will keep on voting until they reach
Under the 1987 Constitution, what is the term of the office of the President? 6 years - because Cory
Aquino was not elected pursuant to the 1987 Constitution
In re Saturnino Bermudez
Is it always mandatory to conduct special election when there is vacancy in the office of the
President and VP? NO. Art. 7, Sec. 11 - only if it occurs for more than 18 months before the next
election
PBA v. Comelec
Can there be a vacancy because of a conditional resignation?
Should the one succeeding serve only the unexpired term or full term? - Only the unexpired term,
the intent is synchronicity of election
A President elected by the people shall not be eligible for re-election. NOT ALWAYS. It can be a
VicePresident-elect who succeeded the President and served for more than 4 years.
Does an acting president succeed the president? No. Hence, they can be re-elected (example = Senate
President)
Could Cory Aquino have ran for another term after her term in 1992?
Yes, because she was not elected under the 1987 Constitution.
If she died, could VP Laurel who succeeded and served for more than 4 years be re-elected?
When VP is in 2nd term and he was illegally removed or forced out from office, can he run for another
term? YES he can because it was not a voluntary renunciation. According to the Constitution, a voluntary
renunciation cannot count as interruption.
Canvass of votes for President and VP.. Who has authority to proclaim the winner?
Macalintal v. Comelec
Only Comelec can proclaim the winning President and VP
Brillantes v. Comelec
"Unofficial quick count" is invalid
Usurps the power of Congress as canvassers
Pimentel v. Joint Committee
Legislative functions of Congress are terminated when it adjourns. However, other functions such
as canvassers, do not.
Lopez v. Senate
Can it be delegated to a committee? YES.
Congressional prerogative because Joint Committee is still approved by the whole body of
Congress

Constitutional Law 1 Page 1

 Congress
Who will be the sole judge for election contests involving President and VP? SC en banc
Tecson v. Comelec
When can they go to SC? Only for post-election scenarios.
Pre-election contests still have to go through Comelec
Oath of office:
What is the difference between swearing and affirming?
"Swear" - believer
"Affirm" - not a believer and omits "so help me God"
Salary cannot be increased during term and cannot be decreased during tenure
Shall be determined by law
Consti - 300k/year; Now - 120k/month
Appointment v. Designation
National Amnesty Commission v. COA
Appointment
Designation - imposition of additional duties, shall not receive additional compensation
Prohibition against President , VP, members of the Cabinet, deputies and assistants
Shall not hold any other office or employment during their tenure, unless otherwise provided in
this Constitution
Shall not practice any profession
Shall not participate in any business
Shall not be financially interested in any contract
Civil Liberties Union v. Secretary
Established a stricter rule for Cabinet Members, deputies and assistants
General rule: cannot hold any other office unless provided by the Constitution
However: (qualifications): Exception:
Ex officio capacity
No additional compensation
Required by primary function or by law
When Cabinet members hold ex officio capacity, can they receive additional compensation? NO.
Dela Cruz v. COA
Can their reps receive? NO.
PIC v. Elma
A person cannot hold both PCGG and CPLC
Art. 7, Sec. 13 not applicable - not Sec, Usec or Asec
Decided on the basis of incompatibility of offices
Compare prohibitions with other officials
Can elective officials be eligible for appointment and designation during their term? YES. But NOT
during their tenure.
How about appointed officials? Allowed unless otherwise provided by law. Other appointed
officials MAY be allowed as provided by law or their primary functions.
Are there exceptions to the rule? YES.
VP = Cabinet member (requires no confirmation)
President = Commander-in-Chief, head of NEDA, assume any Cabinet post (mere extensions
of his personality), Doctrine Qualified of Political Agency
Can other Cabinet members be appointed to other positions? YES. If allowed by Constitution
subject to the qualifications.
Villena and Carpio
Doctrine of Qualified Political Agency - acts of Cabinet, unless disapproved by Pres are
presumptively the acts of the Chief Executive
BEFORE:
Prior to term of office, when there is vacancy: not qualified yet (not yet taken oath of office) VP
shall act as President
Permanent vacancy before term: who will become President come June 30? VP because losing

Constitutional Law 1 Page 2

 Permanent vacancy before term: who will become President come June 30? VP because losing
candidate was not elected
VP and Pres: both inable, not qualified or vacant: Senate President or Speaker of the House. If still,
no one is able or qualified, Congress will provide for the MANNER who shall act as President:
Succession Law.
DURING:
If Pres dies, VP takes over
Permanent disability, death, removal or resignation, VP will take over for the unexpired term.
If both: Senate Pres and Speaker of the House
If none: Congress will determine WHO shall act as Pres/VP until they have been qualified/elected.
NEVER A HOLD-OVER POSITION FOR PRESIDENT
Constitution specifies the end of term
Note: For positions whose end of term are specified under the Constitution, there can NEVER
EVER be hold-over positions. If it does not specify, then there can be.
Know impeachment procedures
Estrada v. Desierto
Intent to resign
Act of relinquishment
Marcos v. Manglapus
Constitution did not define executive power
NEA v. COA
Program expenditure must be approved by the President
Can the President curtail one's right to travel in exercise of Executive Power?
Myers v. US
President has to faithfully execute the law
Dissents
Webb v. De Leon
Prosecutors, Solgen - under the Executive function, not Judiciary
Planas v. Gil
Will not apply anymore because Civil Service Commission is now an independent body
Lacson-Magallanes v. Pano
Can review if by authority of the President
Kilusang Bayan v. Dominguez
Doctrine of exhaustion of administrative remedies
Decision of Executive Secretary carries with it the decision of the President
Why is there no need to exhaust administrative remedy? Doctrine of qualified political agency
Can the President abolish an office? No. Function of Congress
MEWAP v. Romulo
However, the President can restructure - part of residual powers
Buklod v. Zamora
Can the Secretary of Labor exercise the President's power of Jurisdiction: following Villena -
doctrine of qualified political agency
Hutchison v. SBMA
Can the President after a bidding, set aside the winning bid? YES
Doctrine is correct
But allegedly favoring ICTSI like in the case of Manila hotel
Judicial overreach - President abused power
For agencies with quasi-judicial functions:
Administrative functions - President has power of control
Quasi-Judicial functions - Deciding cases not appealable to President but to Court of Appeals
President does not lose control in so far as administrative functions are concerned
KMU v. Director General of NEDA
Constitutional power of control over executive

Constitutional Law 1 Page 3


Difference between primary administrative function and exhaustion
As to issues that can be passed upon:
Admin agency has authority to pass on every question raised by a person resorting to
judicial relief and enables the court to withhold its aid entirely until admin remedies have
been exhausted
As to jurisdiction:
Claim or matter is cognizable in the first instance by the admin agency alone
As to purpose of doctrine:
Purpose of the rule is to control the timing of judicial relief from adjudicative action of
agency
COPY MISSING NOTES: THIS IS ON THE DAY I RECITED
Executive Clemencies
President cannot grant amnesty without concurrence of majority of ALL the members of Congress
Limitations regarding executive clemencies
Cannot be granted
In cases of impeachment
Before conviction by final judgment, except amnesty
For violations of election laws, rules and regulations without Comelec's recommendation
In cases of civil contempt and legislative contempt
Without the concurrence of a majority of all the members of Congress in cases of amnesty
When executive clemency is granted, is civil liability also extinguished? President can NEVER absolve civil
liability. Not within powers of President.
Monsanto v. Factoran
When one is pardoned, is his office restored? NO.
However, an absolute pardon can make you eligible to run or be appointed for office.
Garcia v. COA - Exception
Granted because he was acquitted/innocent
Reprieve - postponement of execution, withholding the sentence for a period of time. Also called a stay
of execution
Commutation - reduction of a sentence, remission of a part of punishment, substitution of a lesser
penalty
Pardon - cancellation of penalty, can be permanent or not, what is being forgiven is the offense
Absolute Pardon - pardon without requirements
Conditional Pardon - pardon with certain requirements, can be revoked if requirements are not met
Plenary Pardon - all penalties are forgiven, including accessories
Partial Pardon - not all penalties are forgiven
Can the pardon granted by the President be rejected?
Absolute - no option but to accept
Conditional - can be rejected by the person
Amnesty
In case of pardon, it is the offense that is being forgiven
In case of amnesty, it's as if the offense was not committed: political offenses
Probation
Remains in legal custody
Not in jail, released but subject to certain conditions imposed by Court and supervision of a
probation officer
Parole
Suspension of the sentence of convict granted by Parole Board after serving minimum term of
indeterminate sentence penalty.
People v. Vera
Pardon v. Probation
Is a probationer a free man?
Probationer may be re-arrested if not compliant with conditions
When re-arrested, what term of prison will he serve? The balance of sentence

Constitutional Law 1 Page 4

 When re-arrested, what term of prison will he serve? The balance of sentence
In cases of pardon, should there be final judgment first? YES.
Granted by Executive
In cases of probation, should there be final judgment first? YES.
Granted by Court - after investigation only when:
Penalty imposed does not exceed 6 years and 1 day
Crime not against national security of the State
No previous conviction for offense punished by arresto mayor
No previous availment of probation
When are civil rights restored?
Finally discharged after period of probation
Who grants Parole?
Board of Pardons and Parole after serving minimum sentence
Does a convict become a free man after absolute pardon? YES
Does a convict become a free man after parole? NO. Still under the supervision of the Board
Tesoro v. Director of Prisons
Has the power of the President in granting parole been repealed? (Since it was not mentioned in
the Constitution) Court said it is not repealed because paroled is part of the pardoning power of
the President.
Fernandez: The law grants him the power of parole.
If terms and conditions of parole are violated, allegation is enough, mere commission and not
conviction is enough.
Can the court review determination of violation of conditions of Parole? NO. Exclusive executive
power of the President.
Torres v. Gonzales
In cases of conditional pardon, if condition is not to commit a crime, can a person be re-arrested
even if only alleged and not convicted?
2 options for the Executive Department:
Re-commit the convict to serve the unexpired term under RAC
Can go and prove it in court
Executive can prosecute under RPC 159
However erroneous the findings of the executive are, there are no other recourse
Dissent: It is wrong that Torres be recommitted without final conviction (cannot be found in any
jurisprudence, just minority opinion)
Pardon distinguished from Amnesty
Pardon - Common crimes; Amnesty - Political offenses
Pardon - Individual; Amnesty - Can be granted to group, class or community
Pardon - After conviction; Amnesty - Even before trial
Pardon - Looks forward and relieves the offender from consequences; Amnesty - looks backward
and puts into oblivion the offense itself (Barrioquinto v. Fernandez) - Not applicable in the
Philippines
Pardon - private act of President which must be pleaded and proved by the person because courts
do not take judicial notice; Amnesty - public act of which the courts can take judicial notice
Pardon does not require concurrence of Senate as compared to amnesty
If person completely served the sentence, is pardon still useful? YES. Because there may be accessory
penalty that are perpetual in nature.
Can a person convicted of a crime be elected to office, granted pardon and the assume office?
Lacuna v. Abes, Cristobal v. Labrador and Pellobelo v. Palatino
Llamas v. Executive Secretary
Can the President grant clemency in administrative cases?
More reason for it to be granted to admin cases because they are less serious than criminal cases
Can the President grant clemency to all admin cases? NO. Only limited to executive department.
Tolentino v. Catoy
Can amnesty be availed of by someone who is already serving sentence? YES

Constitutional Law 1 Page 5

 Can amnesty be availed of by someone who is already serving sentence? YES
It was said that if people who are at large and not yet arrested can avail of amnesty, then more
reason for those who have already submitted themselves to serve sentence.
Macaga-an v. People
Issue was amnesty proclamation because it does not cover estafa case
What is the effect of amnesty in pending criminal cases? Obliterates the offense
Can amnesty be availed by offender who does not admit commission of a crime?
Barrioquinto v. Fernandez: not necessary
Superseded by People v. Llanita: cannot be invoked by someone who did not admit commission of
the crime
Vera v. People
Court said there was a need for admission for availment of amnesty BUT
Crime not within amnesty because killing was not for furtherance of resistance but because of
rivalry.
Clear that it was decided not on the basis of admission but for the reason
Republic v. IAC
Should there be a tax amnesty, does this mean that government loses right to collect? YES.
People v. Salle
Pardon may only be granted after final judgment, if there is an appeal, it means not yet final
People v. Bacang
Cited Hinlo case
To avail of pardon - appeal must be withdrawn
Drilon v. CA
Commutation = completion
Can no longer be re-investigated
Amnesty can be availed of at any given time
People v. Salig
Applying for amnesty = admission of crime
Power as Commander-in-Chief
Integrated Bar v. Zamora
Can the Court inquire into the validity of the President's calling out of the AFP?
Factual: President will determine
But court can look into factual basis to check if there was grave abuse
Sanlakas v. Executive Secretary
Art. 7, Sec. 18 - does not expressly prohibit the President to declare state of rebellion
Authority springs from power as Chief Executive and draws strength from being Commander-in-
Chief
David v. Macapagal-Arroyo
Power of court to determine not correctness but arbitrariness of the acts of the President
Can the Pres order AFP to enforce all laws? Has to be qualified - only those pertinent to its duties
to suppress violence
Is GO #5 unconstitutional? Acts of terrorism not yet defined by legislation. YES.
Ampatuan v. Puno
Can the President call-out the AFP without Congressional authority? YES. Directly vested power to
the President.
Writ of Habeas Corpus: order to a detaining officer to inform the court:
If person is in his custody
Explain basis for detaining

Constitutional Law 1 Page 6