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when the law complete for its detail - policy is still set forth by Congress
When the policy is already in the standard set by the legislative department then it is not a
delegation of powers
enforced what has already been established: not legislating, merely enforcement
"what" - not what is enforced
it is more of a "how"
2 impeachment complaint filed? 2 impeachment in one year for the same impeachable official?
No. Initiate means a verified complaint is filed and referred to the appropriate committee for action.
(filed and taken up)
2/3 votes of ALL the members of the Senate - needed vote to impeach an officer
look at the composition of the House
EXECUTIVE DEPARTMENT
Article 7
Section 1: the executive power shall be vested in the President of the Philippines
Legislative power is not something exclusive in Congress but shared to the people
Executive power vested only to one person
various departments are considered adjunct to the office of one president
and secretaries to be his alter egos
act considered not to be their own but holds true the mythical concept that there is only one person
holding the executive power - DOctrine of Qualified Political Agency
actions of the secretary are actions of the President
no separate personality but extension of one President
Section 2: Qualifications :
Residence: 10 years immediately
Age: at least 40 years of age
Able to Read and Write
Natural Born Citizen
Registered Voter
Section 5: oath
Article 9, Section 7. No elective official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure.
Unless otherwise ALLOWED (not necessarily required, enough that it is allowed) by law or by the
primary functions of his position, no appointive official shall hold any other office or employment in
the Government or any subdivision, agency or instrumentality thereof, including Government-owned
or controlled corporations or their subsidiaries.
however, it will be considered not any other office - if: (just another duty to the same office)
1. required by law or by primary function of their office
2. no additional compensation
can be occupied without violating the constitution
SUCCESSION
Secton 7:
2 scenarios: (VP only ACTS as President)
EXECUTIVE DEPARTMENT
POWERS
Gonzales v. Hechanova
- what the executive power is not
- it is not the power to defeat legislation enactments
- it is the power to enforce the law
- cannot be exercised to indirectly repeal the law
power of control - the President has the power to substitute the judgment of the subordinate with
that his own judgment
object of the power: can discipline proceeding from the power of appointment but not from the
power to control
Power of Appointment
Section 16 - deals with the power of appointment
commission on appointment - congress
1st set: H, A, P, A - O
2nd set: default appointment - President; appointments are not otherwise provided by law
nature of appointment power: cannot be legislative, judicial, must be executive
embraces a situtation where the law declared the name to be appointed but the court finds it
unconstitutional
3rd set: authorized by law to appoint
4th set: vested in the President alone that are lower in rank
chairman or members of the concom
members of JBC
1. President nominates
2. CA confirms
3. Appointed
4. Accept the Appointment
1. Appointment
2. Acceptance
3. Confirmation (when Congress resumes session)
not confirmed - The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only until
disapproved by the Commission on Appointments or until the next adjournment of the Congress.
alongside the power of appointment is the power of approval
ad interim appointments are permamnent appointments that once accepted b the appointee cannot
be revoked by the President
- made before two months before the election until the end of the term
one isnstance that the Pres is allowed: must be in the executive position, nature of merely a
temporary appointment, when continued vacancies therein will prejudice public service or endanger
public safety
- might prejudice the next administration
PARDONING POWER
- one aspect of checks and balances under our system of government
Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after
conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members
of the Congress.
Kinds of pardon:
1. absolute pardon - need not get the consent of the pardonee
2. conditional pardon - has to be accepted by the party, accept the conditions
3. plenary - relieves you of all the effects of pardon
4. partial - only the imprisonment will be relieved, still suffer other consequences of the crime
committed
- terms of the pardon must be checked, must be expressly stsated that they are restored
Pardon - granted by the president, upon final judgment of conviction, no requirement of service of
minimum
Parole - granted by the President, granted after service of the minimum of your sentence
Probation - granted by the judge upon application, but the crim must not be punished by more than 6
years and a day, you must not have appealed the judgment
LIMITATIONS
1. can only grant pardon upon final judgment of conviction
2. cannot for those have been impeached
3. can if it involves election offense only when there is a prior favorable recommendation by the
COMELEC
AMNESTY
Pardon v. Amnesty
Amnesty - there is an added requirement - concurrence of the majority of all the members of the
congress
a. refers to political crimes
b. almost always to class of persons that committed a political crime
c. need not to have a trial but there must be an admission of guilt
d. stand clean in the eyes of the law, as if you have not committed a crime at all
e. not only forgiveness but also forgetfulness
f. it becomes a public act
g. duty-bound to take such judicial notice of the act
Vera v. People
- there must be a plea of guilty before you will be granted amnesty
Pardon
a. non-political crimes
b. to a specific person
c. convicted upon final judgment
d. forgiveness but not forgetfullness
e. not a public act
f. cannot take judcial notice of the pardon, have to be pleaded in order for the judge to take notice
of it
MILITARY POWERS
power to suspend
when?? there is invasion or rebellion, public safety requires it
possibility?? no must be actual rebellion or invasion but it must be shown that public safety requires it
two personalities, if one is detained and the other one is detaining him
habeas corpus: the body
writ: order of the court
privilege: look into the legality of your detention
suspend: the writ will still push through, sufficient in form and substance; what is suspended is the
privilege - the court will not look into the legality of the detention if it is based on the crimes directly
related to invasion or rebellion
do two things:
1. bring the body of the person detained
2. state the date, time and the cause of his detention
- do that in writing (return - report containing no. 2)
writ of liberty - the moment the person is brought to court, the court will then determine the legality
of his detention, if there is a valid reason to detain him, test the legality of your detention
only those which are related to the crimes stated in Article 7, Section 18: rebellion and invasion
MARTIAL LAW
- one power of the President that framers want to limit
- Congress can revoke the declaration that the President cannot set aside
- subservient Congress - can got to the Supreme Court
- Supreme Court can nullify
- special legal standing - any citizen can go to the Supreme Court and ask that the declaration of the
martial law should be set aside on grounds of insufficiency of the factual basis of the proclamation -
need not attain personal injury
first time that SC looks into the factual basis, not just on the legality
- must promulgate its decision within thirty days after the filing