Presidential Powers and Appointments

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Questions and Answers

What embodies the President's ability to oversee their subordinates?

Power of Control (correct)

Power of Recommendation

Power of Influence

Power of Approval

What does the President ensure regarding the laws?

Laws will be modified by Congress

Laws will be ignored if unnecessary

Laws will be faithfully executed (correct)

Laws will be altered for political gain

Which of the following best describes the Doctrine of Qualified Political Agency?

Only the President can make appointments

All executive actions are deemed unlawful

Local governments operate independently of the President

Executive departments serve under the Chief Executive's authority (correct)

What type of appointment allows the President to exercise general supervision over local government units?

Regular Appointment Signup and view all the answers

In what capacity do the heads of various executive departments serve?

Subordinates of the Chief Executive Signup and view all the answers

What is the primary role of executive departments in relation to the Chief Executive?

To implement and execute laws and orders Signup and view all the answers

Which type of appointment is typically designated for temporary circumstances?

Ad Interim Appointment Signup and view all the answers

Which of the following is NOT one of the types of appointments mentioned?

Probationary Appointment Signup and view all the answers

What is the maximum duration for which recess appointments are effective without disapproval?

Until disapproval by the Commission on Appointments Signup and view all the answers

During what time frame is the midnight appointments ban applicable to the President?

2 months prior to the next presidential elections until June 30 of the same year Signup and view all the answers

Which of the following is NOT a classification of emergency as described?

Political turmoil Signup and view all the answers

What triggers the emergency powers as per the outlined provisions?

Conditions that worsen beyond normal parameters Signup and view all the answers

What is the significance of appointments made by an Acting President?

They remain effective until revoked by the elected President within 90 days Signup and view all the answers

What powers does the President hold as the Commander-in-Chief?

To call out armed forces to address lawless violence Signup and view all the answers

Under what circumstance does the midnight appointment ban apply to an Acting President?

Only during presidential elections Signup and view all the answers

Which scenario is considered a valid condition for declaring an emergency?

Natural disasters like floods or epidemics Signup and view all the answers

What must occur for Congress to grant emergency powers to the President?

There must be a war or other emergency. Signup and view all the answers

Which of the following positions cannot be appointed by the President during his tenure?

Members of the office of the Ombudsman. Signup and view all the answers

What does the Local Government Code empower the President to do?

Suspend or remove local officials. Signup and view all the answers

Which article outlines the limitations on the exercise of power by the President in this context?

Article VII. Signup and view all the answers

Who is responsible for general supervision over autonomous regions according to the given content?

The President. Signup and view all the answers

Which of the following is a requisite for granting emergency powers to the President?

The delegation must be for a limited period. Signup and view all the answers

What happens to an appointee when Congress is in recess?

They do not enjoy security of tenure. Signup and view all the answers

Which statement is true about emergency powers as per the content?

Emergency powers may cover necessary national policies. Signup and view all the answers

What is defined as civil in nature?

That which does not involve criminal matters Signup and view all the answers

Which of the following statements is true regarding the fiscal autonomy of the Judiciary?

The amount appropriated cannot be less than the previous year Signup and view all the answers

What is the composition of the Supreme Court?

One Chief Justice and fourteen Associate Justices Signup and view all the answers

Which types of cases must be heard by the Supreme Court en banc?

Cases involving the constitutionality of treaties or presidential decrees Signup and view all the answers

How are disciplines or dismissals of lower court judges decided?

A division may decide, while en banc decides on serious matters Signup and view all the answers

What can the Supreme Court do when sitting as the Presidential Electoral Tribunal?

Review cases concerning the validity of presidential elections Signup and view all the answers

What type of actions can citizens take related to Martial Law?

Challenge the validity of a Martial Law proclamation Signup and view all the answers

What does 'en banc' refer to in the Judiciary context?

A case heard by all members of the court Signup and view all the answers

What is the primary purpose of a legal brief prepared by lawyers?

To persuade the courtroom to rule in favor of a client Signup and view all the answers

What must be included in the conclusions of the Supreme Court before a case is assigned to a Member?

Consultation among the court members Signup and view all the answers

What does the term 'decision' refer to in a legal context?

The judgment rendered by a competent tribunal Signup and view all the answers

What is the role of the Chief Justice regarding the decision certification?

To sign and certify the consultation process Signup and view all the answers

Why must courts express facts and laws in their decisions?

To provide transparency and understanding Signup and view all the answers

What is a requirement for motions regarding court decisions?

They must state the legal basis for denial Signup and view all the answers

What is included in a memorandum in a legal sense?

A comprehensive summary of relevant laws Signup and view all the answers

What action is required from any member who abstains from a decision?

They must state their reason for abstaining Signup and view all the answers

Study Notes

### President’s Power of Control

The President has control over all executive departments, bureaus, and offices
The President must ensure laws are faithfully executed
The President can alter, modify, nullify, or set aside the actions of a subordinate officer
The President can substitute their judgement for that of a subordinate officer
The Doctrine of Qualified Political Agency states that all executive agencies are extensions of the Executive Department

### Types of Appointments

Regular appointments are made by the President while Congress is in session
Ad Interim appointments are made by the President when Congress is in recess and must be approved by the Commission on Appointments
Temporary appointments are made at the President’s pleasure
The President can revoke temporary appointments at any time

### Limitations on Presidential Appointments

The President’s spouse, relatives by consanguinity, and relatives by affinity within the 4th civil degree cannot be appointed to a number of positions
Positions the President’s family members cannot be appointed too include:
- Members of the Constitutional Commission
- Members of the Office of the Ombudsman
- Secretaries
- Undersecretaries
- Chairmen or heads of bureaus or offices, including government-owned and controlled corporations (GOCCs) and their subsidiaries
Recess (Ad Interim) appointments made during the recess of Congress are effective only until disapproved by the Commission on Appointments or until the next adjournment of Congress
Midnight appointments are banned during the two months immediately before the next presidential election (after the 2nd Monday of March) and up to the end of the President’s term (June 30)

### Appointing Power of the Acting President

Appointments made by an acting president remain effective unless revoked by the elected President within 90 days of the elected President assuming office.
The midnight appointments ban applies to the acting President

### Emergency Powers of the President

The President can be granted emergency powers by Congress
This power is only granted during periods of war or other declared national emergencies,
Granted powers are exercised only for a limited period, and within the restrictions set by Congress
The President can only use emergency powers to execute a national policy declared by Congress
The President has the power to call out the armed forces to prevent or suppress lawless violence, invasion or rebellion

### Scope of President’s Power of Supervision

President exercises general supervision over local government units
The President is required to ensure that laws are faithfully executed in the local governments
The President can suspend or remove local officials
The President exercises general supervision over autonomous regions
The President is required to ensure that laws are faithfully executed in autonomous regions

Judicial Branch - The Supreme Court

Composed of a Chief Justice and 14 Associate Justices
May sit en banc or in divisions of three, five, or seven members
Vacancies must be filled within 90 days
Cases involving treaties, international agreements, or laws that are deemed unconstitutional are heard by the Supreme Court en banc
All cases deemed to be heard by the Court en banc under the Rules of Court are also heard by the Supreme Court en banc
Cases regarding the constitutionality, application, or operation of presidential decrees, proclamations, or other regulations are heard by the Supreme Court en banc

Judicial Branch - Court Decisions

Supreme Court decisions must be reached through consultation before being written and signed by the Chief Justice
Any member who did not take part, dissented, or abstained from a decision must explain their rationale for doing so
These processes must be observed by all lower collegiate courts
All court decisions must clearly express the facts and the law that were used as the basis of the decision
No petition for review or motion for reconsideration of a court decision can be denied without providing clear and distinct legal justification
The Supreme Court submits an annual report to the President and Congress on the operations and activities of the Judiciary

Judicial Branch - Court Powers

The Judiciary enjoys fiscal autonomy
Legislative bodies cannot reduce appropriations for the Judiciary
The President has the power to discipline:
- Judges of lower courts
The President can dismiss judges of lower courts
Decisions to dismiss, disbar, suspend, or fine lower court judges are decided on by a division of the Supreme Court
En Banc decisions are required for:
- Disbarment, suspension for more than one year, or a fine of more than P10,000
Cases where the required number of votes was not reached to decide or resolve cases
Modifying or reversing doctrines or principles of law established by the court in an en banc or division decision
Actions instituted by citizens to test the validity of a proclamation of Martial Law or suspension of the privilege of the writ
When sitting as the Presidential Electoral Tribunal
All other cases which under the Rules of Court are required to be heard by the SC en banc.

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Description

This quiz explores the scope of the President's control over executive departments and the various types of appointments they can make. It covers the distinctions between regular, ad interim, and temporary appointments, as well as the limitations imposed on presidential appointees. Test your understanding of the executive powers outlined in this important topic.