Presidential Powers and Appointments

### 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.

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.