PPGC-MIDTERM PDF - Week 8 Executive Department

WEEK 8: EXECUTIVE DEPARTMENT (PART matter of time during which a person may hold the office. 1)...

WEEK 8: EXECUTIVE DEPARTMENT (PART matter of time during which a person may hold the office. 1) SEC. 5, ART. VII SEC. 1, ART. VII Before they enter on the execution of their office, the President, the The executive power shall be vested in the President of the Vice President, or the Acting President shall take the following oath Philippines. or affirmation: “I do solemnly swear (or affirm) that I will faithfully and WHAT IS EXECUTIVE POWER? conscientiously fulfill my duties as President (or Vice-President or Executive power has been defined as the power to administer the laws, Acting President) of the which means carrying them into practical operation and enforcing their Philippines, preserve and defend its Constitution, execute its laws, due observance. do justice to every man, and consecrate myself to the service of the Nation. So help me God.” (In case of affirmation, last sentence will QUALIFICATIONS, ELECTION, AND TERM OF THE PRESIDENT be omitted.) AND VICE PRESIDENT Qualifications 1. Natural-born citizen of the Philippines; OATH OR AFFIRMATION OF THEPRESIDENT, VICE 2. A registered voter; PRESIDENT, OR ACTING PRESIDENT 3. Able to read and write; OATH is an outward pledge made under an immediate sense of 4. At least 40 years of age on the day of the election; and responsibility to God. The oath-taking marks the formal 5. A resident of the Philippines for at least 10 years immediately induction of the President, Vice President, or Acting President in preceding such election [Sec. 2, Art. VII] office. It is mandatory. He cannot enter on the execution of his office QUALIFICATIONS, ELECTION, AND TERM OF THE PRESIDENT without taking the prescribed oath or affirmation. AND VICE PRESIDENT Sec. 3, Art. VII RULES OF SUCCESSION There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President. The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation ELECTION 1. Regular Election: Second Monday of May. 2. National Board of Canvassers (President and Vice President): Congress A. Returns shall be transmitted to Congress, directed to the Senate President B. Joint public session: not later than 30 days after election date; returns to be opened in the presence of the Senate and HOR in joint session. 3. Congress, upon determination of the authenticity and due execution, shall canvass the votes. 4.Person having the highest number of votes shall be proclaimed elected. 5. In case of tie, one will be chosen by the vote of majority of all the members of both Houses of Congress, voting separately. TERM OF OFFICE 6 years, which shall begin at noon on the 30th day of June next following the day of the election and shall end at noon of the same day 6 years thereafter [Sec. 4, Art. VII] TERM OF OFFICE DISTINGUISHED FROM TENURE OFFICE; RIGHT TO HOLD OFFICE; AND OFFICE Term of Office refers to the period during which an officer may claim to hold the office as a matter of right. Tenure of Office period during which the incumbent actually holds the office. Right to Hold Office the just and legal claim to enjoy the powers and responsibilities of the office Office an institutional unit of government, while term is a 1. At the Beginning of Term In all these cases, the Vice-President assumes the powers and Sec. 7, Art. VII - The President-elect and the Vice-President-elect shall duties of the office as Acting President. assume office at the beginning of their terms. [...] Sec. 11, Art. VII Temporary or Permanent Vacancy in the President before the 1. Voluntary written declaration of the President - Whenever the Term President transmits to the President of the Senate and the Speaker of No hold-over capacity for President the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits Sec. 7, Art. VII - If the President-elect fails to qualify, the Vice- to them a written declaration to the contrary, such powers and duties President elect shall act as President until the President-elect shall shall be discharged by the Vice-President as Acting President. have qualified. If a President shall not have been chosen, the Vice- President-elect shall act as President until a President shall have been 2. First written declaration by majority of the Cabinet - Whenever a chosen and qualified. If at the beginning of the term of the President, majority of all the Members of the Cabinet transmit to the President of the President-elect shall have died or shall have become permanently the Senate and to the Speaker of the House of Representatives their disabled, the Vice-President-elect shall become President. written declaration that the President is unable to discharge the Where no President and Vice-President shall have been chosen or powers and duties of his office, the Vice-President shall immediately shall have qualified, or where both shall have died or become assume the powers and duties of the office as Acting President. permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as 3. Determination by Congress by 2/3 vote of all members, voting President until a President or a Vice-President shall have been chosen separately, acting on the second written declaration by majority of the and qualified. The Congress shall, by law, provide for the manner in Cabinet - Thereafter, when the President transmits to the President of which one who is to act as President shall be selected until a President the Senate and to the Speaker of the House of Representatives his or a Vice-President shall have qualified, in case of death, permanent written declaration that no inability exists, he shall reassume the disability, or inability of the officials mentioned in the next preceding powers and duties of his office. Meanwhile, should a majority of all the paragraph. Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives their Sec. 10, Art. VII - The Congress shall, at ten o’clock in the morning of written declaration that the President is unable to discharge the powers the third day after the vacancy in the offices of the President and Vice- and duties of his office, the Congress shall decide the issue. For that President occurs, convene in accordance with its rules without need of purpose, the Congress shall convene, if it is not in session, within forty- a call and within seven days enact a law calling for a special election to eight hours, in accordance with its rules and without need of call. If the elect a President and a Vice-President to be held not earlier than forty- Congress, within ten days after receipt of the last written declaration, or, five days nor later than sixty days from the time of such call. The bill if not in session, within twelve days after it is required to assemble, calling such special election shall be deemed certified under paragraph determines by a two-thirds vote of both Houses, voting separately, that 2, Section 26, Article VI of this Constitution and shall become law upon the President is unable to discharge the powers and duties of his office, its approval on third reading by the Congress. Appropriations for the the Vice-President shall act as the President; otherwise, the President special election shall be charged against any current appropriations shall continue exercising the powers and duties of his office. and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot Constitutional Duty of Congress in Case of Vacancy in the be suspended nor the special election postponed. No special election Offices of the President and the Vice-President shall be called if the vacancy occurs within eighteen months before the Sec. 10, Art. VII - The Congress shall, at ten o’clock in the morning of date of the next presidential election. the third day after the vacancy in the offices of the President and Vice- President occurs, convene in accordance with its rules without need of 2. During Term a call and within seven days enact a law calling for a special election to Permanent Vacancy in the Presidency during the Term elect a President and a Vice-President to be held not earlier than forty- Sec. 8, Art. VII - In case of death, permanent disability, removal from five days nor later than sixty days from the time of such call. The bill office, or resignation of the President, the Vice-President shall become calling such special election shall be deemed certified under paragraph the President to serve the unexpired term. In case of death, permanent 2, Section 26, Article VI of this Constitution and shall become law upon disability, removal from office, or resignation of both the President and its approval on third reading by the Congress. Appropriations for the Vice-President, the President of the Senate or, in case of his inability, special election shall be charged against any current appropriations the Speaker of the House of Representatives, shall then act as and shall be exempt from the requirements of paragraph 4, Section 25, President until the President or Vice-President shall have been elected Article VI of this Constitution. The convening of the Congress cannot and qualified. The Congress shall, by law, provide who shall serve as be suspended nor the special election postponed. No special election President in case of death, permanent disability, or resignation of the shall be called if the vacancy occurs within eighteen months before the Acting President. He shall serve until the President or the Vice- date of the next presidential election. President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting Constitutional Duty of Congress in Case of Vacancy in the President. Offices of the President and the Vice-President Vacancy Timetable: 3. In case of Temporary Disability 1. 0 days - Vacancy occurs Temporary Vacancy in the Presidency during the Term 2. 3 days - Congress convenes A vacancy in the Presidency arising from his disability can occur in any 3. 10 days - Law providing for special elections should be enacted of the following ways: 4. 55 - 70 days - Election should be held within this period  Voluntary written declaration of the President 5. 85 - 100 days - Canvassing by Congress should be done within this  First written declaration by majority of the Cabinet period  Determination by Congress by 2/3 vote of all members, voting separately, acting on the second written declaration by majority of the Cabinet Vacancy in the Office of the Vice President POWERS OF THE PRESIDENT Sec. 9, Art. VII - Whenever there is a vacancy in the Office of the Vice- General Executive and Ministrative Power Executive Power President during the term for which he was elected, the President shall This refers to the President's power to enforce, implement, and nominate a Vice President from among the Members of the Senate administer laws. The President shall ensure that the laws be faithfully and the House of Representatives who shall assume office upon executed [Sec. 17, Art. VII]. confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately. Summary of Presidential Powers 1. Power of Appointment - The legislative can create office, but only WEEK 9: EXECUTIVE DEPARTMENT the Executive can fill it; Congress cannot circumvent this by setting very narrow qualifications such that only one person is qualified to hold (PART2) office. 2. Power to Control - The President may (a) nullify, modify judgments PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS of subordinates [Sec. 17, Art. VII]; (b) undo or redo actions of Official Residence subordinates; and (c) lay down rules for the performance of The President shall have an official residence [Sec. 6, Art. VII]. subordinates' duties. 3. Power of Supervision - This refers to the oversight function. The Salary Executive must see to it that rules, which it did not make, are followed. This shall be determined by law. It shall not be decreased during 4. Diplomatic Powers - Including Power to Enter into Treaties tenure. No increase shall take effect until after the expiration of the 5. Commander-in-Chief Powers (Sec. 18, Art VIII) term of the incumbent which such increase was approved. [Sec.6, Art. a. Call Out Power: Armed forces to suppress lawless VII] violence b. Suspension of the privilege of the Writ of Habeas Corpus: Presidential Immunity Only (a) in times of rebellion or invasion; AND (b) when The President as such cannot be sued, enjoying as he does immunity required by public safety from suit. But the validity of his acts can be tested by an action against c. Martial Law: Does not suspend the Constitution other executive officials [Carillo v. Marcos, G.R. No. L-21015 (1981)]. 6. Power of Legislation a. Veto Power Presidential Privilege b. Power to Declare Emergency It is "the right of the President and high level executive branch officers c. Integrative Power: Powers shared with legislative; to withhold information from Congress, the courts, and ultimately the legislation during times of emergency public." 7. Residual Power - To protect the general welfare of people 8. Informing Power - Address Congress during opening of session, or The Vice-President at any other time [Sec. 23, Art. VII]. Qualifications, election and term of office and removal are the same as 9. Other Powers: the President, except that no Vice President shall serve for more than a. Power to Pardon 2 consecutive terms. The Vice-President may be appointed as a b. Power to Grant Amnesty member of the Cabinet; such requires no confirmation by the c. Borrowing Power Commission of Appointments. d. Budgetary Power Prohibitions on the Executive Department Power of Appointment The following prohibitions apply to: a. In General  President The President shall nominate and, with the consent of the Commission  Vice-President on Appointments, appoint the heads of the executive departments,  The members of the Cabinet, and their deputies assistants. ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other Prohibited Acts officers whose appointments are vested in him in this Constitution. He 1. Shall not receive any other emoluments from the government or any shall also appoint all other officers of the Government whose other source [For President and Vice President, Sec. 6, Art. VII]. appointments are not otherwise provided for by law, and those whom 2. Unless otherwise provided provided in the constitution, shall not hold he may be authorized by law to appoint. The Congress may, by law, any other office or employment [Sec. 13, Art. VII]. vest the appointment of other officers lower in rank in the President 3.Shall not directly or indirectly alone, in the courts, or in the heads of departments, agencies, a. Practice any other profession commissions, or boards. b. Participate in any business; or c. Be financially interested in any contract with, or in any The President shall have the power to make appointments during the franchise or special privilege granted by the government or any recess of the Congress, whether voluntary or compulsory, but such subdivision, agency, or instrumentality thereof, including government- appointments shall be effective only until after disapproval by the owned or controlled corporate or their subsidiaries [Sec. 13, Art. VII]. Commission on Appointments or until the next adjournment of the 4. Strictly avoid conflict of interest in the conduct of their office [Sec. 13, Congress. Art. VII]. 5. May not appoint (a) spouse; or (b) relatives by consanguinity or 1. Appointment - Selection by the proper authority of an indivudal who affinity within the fourth civil degree as members of the Constitutional is to exercise the powers and functions of a given office. Appointee has Commissions, or the Office of the Ombudsman, or as Secretaries, a right to claim compensation as stated in the appointment. Undersecretaries, chairmen or heads of bureaus or offices, including 2. Designation - Imposition of additional duties, usually by law, upon a government-owned or controlled corporations and their subsidiaries. person already in the public service by virtue of an earlier appointment. Does not entail payment of additional benefits or grants upon the person so designated [National Amnesty Commission v. COA, G.R. No. 156982 (2004)] 3. Commission - Written Evidence of the appointment Steps in the Appointing Process The President shall have control of all the executive departments, bureaus, and office. He shall ensure that the laws be faithfullyexecuted. Control is essentially the power to (1) alter or modify or nullify or set aside what a subordinate officer had done in the performance of this duties; and (2) substitute the judgement of the former with that of the latter. Power of Control and Supervision Doctrine of Qualified Political Agency All the different executive and administrative organizations are mere adjuncts of the Executive Department. This is an adjunct of the Doctrine of One Executive. The heads of the various executive departments are assistants and agents of the Chief Executive. Executive Departments and Offices The multifarious executive and administrative of the Chief Executive are performed by and through the executive departments. b. Types of Appointment General Supervision over Local Government Units and the Autonomous Regions REGULAR AD INTERIM TEMPORARY APPOINTMENT APPOINTMENT  The President shall exercise general supervision over local government [Sec. 4, Art. X]. IF THE CA DURING THE CAN BE  The President shall exercise general supervision over (CONGRESS) IS IN RECESS OF WITHDRAWN OR autonomous regions to ensure that laws are faithfully SESSION CONGRESS REVOKED executed [Sec. 16, Art. X]. BECAUSE THE CA AT THE PLEASURE  The President may suspend or remove local officials by SHALL MEET ONLY OF THE virtue of the power delegated to him by Congress through the WHILE APPOINTING Local Government Code [Sec. 3, Art. X]. CONGRESS IS IN POWER. THE SESSION [SEC. APPOINTEE DOES Emergency Powers 19, ART. VI]. NOT ENJOY They are delegated by the Congress which covers such power SECURITY OF necessary to carry to a declared national policy(declared by Congress). TENURE. Nature Grant Congress is the repository of emergency powers. This is evident in the c. Limitations on the Exercise tenor of Sec. 23 (2), Art. VI authorizing it to delegate such powers to 1. Sec. 13 (2), Art. VII - The spouse and relatives by consanguinity or the President. affinity within the 4th civil degree of the President shall not, during his"tenure", be appointed as: Requisites for Grant of Emergency Powers a. Members of the Constitutional Commission; Knowing that during grave emergencies, it may not be possible or b. Members of the office of the Ombudsman; practicable for Congress to meet and exercise its powers, the Framers c. Secretaries of our Constitution deemed it wise to allow Congress to grant d. Undersecretaries; emergency powers to the President, subject to certain conditions, thus: e. Chairman or heads of bureaus or offices, including  There must be a war or other emergency; GOCCs and their subsidiaries.  The delegation must be for a limited period only; 2. Recess (Ad Interim) Appointments - The President shall have the  The delegation must be subject to such restrictions as the power to make appointments during the recess of the Congress, Congress may prescribe; and whether voluntary or compulsory, but such appointments shall be  The emergency powers must be exercised to carry out a effective only until disapproval by the Commission on Appointments or national policy declared by Congress. until the next adjournment of the Congress [Sec. 16 (2), Art. VII]. Concept of Emergency Midnight Appointments Ban Emergency, as a generic term, connotes the existence of conditions 2 months immediately before the next presidential elections (2nd suddenly intensifying the degree of existing danger to life or well-being Monday of March), and up to the end of his "term" (June 30), a beyond that which is accepted as normal. The emergency are President (or Acting President) shall not make appointments [Sec. 15 classifiable under three principal heads: (a) economic, (b) natural (2), Art. VII] disaster, and (c) national security. Emergency as contemplated in the 1987 Constitution, may include rebellion, economic crisis, Appointing power of the ACTING PRESIDENT pestilence or epidemic, typhoon, flood, or other similar catastrophe of  Appointments extended by an Acting President shall remain nationwide proportions or effect. effective unless revoked by the elected President within 90 days from his assumption or re-assumption of office [Sec. 14, Commander-In-Chief Powers Art. VII]. Sec. 18, Art. VII - The President shall be the Commander-in-Chief of  Midnight appointments ban applies to the acting President. all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless Power of Control and Supervision violence, invasion or rebellion. In case of invasion or rebellion, when Sec. 17, Art. VII the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the Four ways for the Proclamation of Martial Law or the Suspension privilege of the writ of habeas corpus, the President shall submit a of the privilege of the Writ of Habeas Corpus to be lifted report in person or in writing to the Congress. The Congress, voting 1. Lifting by the President himself jointly, by a vote of at least a majority of all its Members in regular or 2. Revocation by Congress special session, may revoke such proclamation or suspension, which 3. Nullification by the Supreme Court revocation shall not be set aside by the President. Upon the initiative of 4. Operation of law after 60 days the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Declaration of Martial Law and Suspension of the privilege of the Congress, if the invasion or rebellion shall persist and public safety Writ of Habeas Corpus; Extension requires it. 1. Requisites in proclaiming Martial Law: 2. Public safety requires the proclamation of martial law all over the Sec. 18, Art. VII - The Congress, if not in session, shall, within twenty- Philippines or in any part thereof. four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call. The Supreme The power to declare martial law and to suspend the privilege of the Court may review, in an appropriate proceeding filed by any citizen, the writ of habeas corpus involve curtailment and suppression of civil rights sufficiency of the factual basis of the proclamation of martial law or the and individual freedom. Thus, the declaration of martial law serves as a suspension of the privilege of the writ or the extension thereof, and warning to citizens that the Executive Department has called upon the must promulgate its decision thereon within thirty days from its filing. A military assist in the maintenance of law and order, and while the state of martial law does not suspend the operation of the Constitution, emergency remains, the citizens must, under pain of arrest and nor supplant the functioning of the civil courts or legislative assemblies, punishment, not act in a manner that will render it more difficult to nor authorize the conferment of jurisdiction on military courts and restore order and enforce the law. [Lagman v. Medialdia, G.R. No. agencies over civilians where civil courts are able to function, nor 231658 (2017)] automatically suspend the privilege of the writ. The Role of Congress [Sec. 18 (1) (2), Art. VII ] The suspension of the privilege of the writ shall apply only to persons a. Congress may revoke the proclamation of martial law or suspension judicially charged for rebellion or offenses inherent in or directly of the privileges of the writ of habeas corpus before the lapse of 60 connected with the invasion. During the suspension of the privilege of from the date of suspension or proclamation. the writ, any person thus arrested or detained shall be judicially b. Upon such proclamation or suspension, Congress shall convene at charged within three days, otherwise he shall be released once. If it is not in session, it shall convene in accordance with its rules without need of a call within 24 hours following the proclamation or a. He may call out such armed forces to prevent or suppress suspension. lawless violence, invasion, or rebellion. c. Within 48 hours from the proclamation or the suspension, the b. He may suspend the privilege of the writ of habeas corpus. President shall submit a report, in person or in writing, to the Congress. c. He may proclaim martial law over the entire Philippines or d. The Congress shall then vote jointly, by a majority of all its members. any part thereof. The Role of Supreme Court [Sec. 18 (3), Art. VII ] The President is the Commander-in-Chief of all Armed Forces of the a. The Supreme Court may review, in an appropriate proceeding filed Philippines. The ability of the President to require a military official to by any citizen, the sufficiency of the factual basis of: secure prior consent before appearing before Congress pertains to a i. The proclamation of martial law or the suspension of the wholly different and independent specie of presidential authority - the privilege of the writ, or Commander-in-Chief powers of the the President. By tradition and ii. The extension thereof. It must promulgate its decision jurisprudence, the commander-in-chief powers of the President are not thereon within 30 days from its filing. encumbered by the same degree of restriction as that which may b. Petition for Habeas Corpus attach to executive privilege or executive control. i. When a person is arrested without a warrant for complicity in the rebellion or invasion, he or someone else on his behalf Calling Out Powers has the standing to question the validity of the proclamation This is merely a police measure meant to quell disorder. As such, the or suspension. Constitution does not regulate its exercise radically. ii. Before the SC can decide on the legality of his detention, it State of Rebellion - The Constitution did not define the term "rebellion, must first pass upon the validity of the proclamation or "it must be understood to have the same meaning as the crime of suspension "rebellion" in the Revised Penal Code (RPC). Executive Clemency Suspension of the Privilege of the Writ of Habeas Corpus Nature and Limitations The requisites for suspension of the privilege of the writ of habeas Sec. 19, Art. VII - Except in cases of impeachment, or as otherwise corpus: provided in this Constitution, the President may grant reprieves, 1. There must be an actual invasion or rebellion; and commutations and pardons, and remit fines and forfeitures, after 2. Public safety requires it. 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 Effects of the Suspension of the Privilege Congress. 1. The suspension of the privilege of the writ applies only to persons "judicially charged" for rebellion or offenses inherent in or directly General Exceptions to Executive Clemencies connected with invasion [Sec. 18 (5), Art. VII]. 1. In case of impeachment; and 2. During the suspension of the privilege of the writ, any person thus 2. As otherwise in this Constitution, e.g. for election offenses: No arrested or detained shall be judicially charged within 3 days, or pardon, amnesty, parole, or suspension of sentence for violation of otherwise he shall be released [Sec. 18 (6), Art. VII] election laws, rules, and regulations shall be granted by the President without the favorable recommendation by the Commission on Election [Sec. 5, Art. IX]. 3. In cases of legislative and civil contempt 4. Before conviction by final judgment (except amnesty) or in two or more related instruments, and whatever its particular 5. Without concurrence of a majority of all members of Congress (in designation" [Bayan v. Executive Secretary, G.R. No. 138570 (2000)] case of amnesty) [Sec. 5, Art. IX] Military Bases Treaty Forms of Executive Clemency Sec. 25, Art. XVIII - After the expiration in 1991 of the Agreement 1. Reprieves - A temporary relief from or postponement of execution of between the Republic of the Philippines and the United States of criminal penalty or sentence or a stay of execution [Black's Law America concerning Military Bases, foreign military bases, troops, or Dictionary]. facilities shall not be allowed in the Philippines except under a treaty 2. Commutations - Reductions of sentence [Black's Law Dictionary]. duly concurred in by the Senate and, when the Congress so requires, 3. Amnesty - A sovereign act of oblivion for past acts, granted by ratified by a majority of the votes cast by the people in a national government generally to a class of persons who have been guilty referendum held for that purpose, and recognized as a treaty by the usually of political offenses and who are subject to trial but have not yet other contracting State. been convicted, and often conditioned upon their return to obedience and duty within a prescribed time [Black's Law Dictionary]. Visiting Forces Agreement 4. Remit fines and forfeitures after conviction by final judgment. The VFA, which is the instrument agreed upon to provided for the joint 5. Pardons - Permanent cancellation of sentence [Black's Law RP-US military exercises, is simply an implementing agreement to the Dictionary]. main RP-US Military Defense Treaty. The VFA is therefore valid for it is 6. Parole - The suspension of the sentence of a convict granted by a a presence "allowed under" the RP-US Mutual Defense Treaty. Parole Board after serving the minimum term of the indeterminate sentence penalty, without granting a pardon, prescribing the terms Executive Agreements upon which the sentence shall be suspended. 1. Entered into by the President 2. May be entered into without the concurrence of the Senate. Pardon vs Amnesty 3. Distinguished from treaties - International agreements involving political issues or changes in national policy and those involving international agreements of permanent character usually take the form of treaties. Powers Relative to Appropriation Measures Contracting and guaranteeing foreign loans Requisites for contracting and guaranteeing foreign loans: a. With the concurrence of the monetary [Sec. 20, Art. VIII] b. Subject to limitations asa may be provided by law [Sec. 2, Art. XII] c. Information on foreign loans obtained or guaranteed shall be made available to the public [Sec. 2, Art. XII] Preparing and Submitting the Budget Difference of Probation and Parole Sec. 22, Art. VII - The President shall submit to the Congress within thirty (30) days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. The budget is the plan indicating:  Expenditures of the government  Sources of financing; and  Receipts from revenue-raising measures. Fixing of Tariff Rates Sec. 28, Art. VI - The Congress may, by law, authorize the President to (1) fix within specified limits, and (2) subject to such limitations and Diplomatic Power restrictions as it may impose: Scope of Diplomatic Power a. Tariff Rates; The President, being the head of state, is regarded as the sole organ b. Import and export quotas; and authority in external relations and is the country's sole c. Tonnage and wharfage dues; representative with foreign nations. Since the President is the chief d. Other duties or imposts within the framework of the national architect of foreign policy, the President acts as the country's development program of the government mouthpiece with respect to international affairs. The President is vested with the authority to: Delegated powers 1. Deal with foreign states and governments; Sec. 23 (2), Art. VI - The President, under martial rule or in a 2. Extend or withhold recognition; revolutionary government, may exercise delegated legislative powers. 3. Maintain diplomatic relations; Emergency Powers [Sec. 23, Art. VI] 4. Enter into treaties; and 1. In time of war or other national emergency, the Congress, may, by 5. Transact the business of foreign relations [Pimentel v. Executive law, authorize the President, for a limited period, and subject to such Secretary, G.R. No. 158088 (2005)]. restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy Treaty-Making Power 2. Unless sooner withdrawn by resolution of the Congress, such As defined by the Vienna Convention on the Law of Treaties, "an powers shall cease upon the adjournment thereof. international instrument concluded between States in written form and governed by international law, whether embodied in a single instrument Residual Powers JUDICIAL REVIEW These are the unstated powers possessed by the President which are (1) not enumerated in the Constitution, (2) implied with the grant of executive power, and (3) not possessed by the legislative and judiciary. Veto Powers Sec. 27, Art. VI - (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. (2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to ORGANIZATION OF COURTS which he does not object. REGULAR COURT General in application Executive Privilege First Level Courts are more commonly referred to as Metropolitan 2 Kinds of Executive Privilege Trial Courts(MeTC), Municipal Trial Courts in Cities (MTCC), Municipal 1. Presidential Communications Privilege - communications are Trial Court (MTC), andMunicipal Circuit Trial Courts (MCTC). Regional presumptively privileged, President must be given freedom to explore Trial Courts are also known as Second Level Courts, which were alternatives in policy making. established among the thirteen Judicial regionsin the Philippines 2.Deliberative Process Privilege - refer to materials that comprise consisting of Regions I to XII and the National Capital Region (NCR). part of a process by which governmental decisions and policies are The Court of Appeals with 69 Justices headed by a Presiding Justice formulated. This includes diplomatic processes. [Akbayan v. Aquino, which operates in 23 divisions each comprising three (3) members. G.R. No. 170516 (2008)]. The Court sits en banc only exercise administrative, ceremonial, or other non-adjudicatory functions. WEEK 10: JUDICIAL DEPARTMENT (PART1) SPECIALCOURT SEC. 1, ART. VIII Limited Cases The judicial power shall be vested in one Supreme Court and in The Shari’a District Courts are equivalent to the Regional Trial Courts such lower courts as may be established by law. in rank, which were established in certain provinces in Mindanao Judicial power includes the duty of the courts of justice to settle actual where the Muslim Code on Personal Laws is being enforced. On controversies involving rights which are legally demandable and the other hand, the Shari’a Circuit Courts are the counterpart of the enforceable, and to determine whether or not there has been a grave Municipal Circuit Trial Courts established in certain municipalities in abuse of discretion amounting to lack or excess of jurisdiction on the Mindanao. The Sandiganbayan has jurisdiction over criminal and civil part of any branch or instrumentality of the Government. cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in JUDICIAL POWER government-owned or controlled corporations, in relation to their office This is the power and duty of courts of justice to apply the laws to as may be determined by law. The Court of Tax Appeals was created contests or disputes concerning legally recognized rights or duties under R.A. No. 1125, as amended by R.A. No. 9282, which has between the State and private persons or individuals, or between exclusive appellate jurisdiction to review on appeal, among other, private persons or individual litigants, in cases properly brought before decisions of the Commissioner of Internal Revenue involving internal the judicial tribunals. revenue taxes and decisions of the Commissioner of Customs involving customs duties SCOPE OF JUDICIAL POWER Adjudicatory power - Judicial power includes the duty of courts of justice: (a) to settle actual controversies involving rights which are legally demandable and enforceable; and (b) to determine whether 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. QUASI-JUDICIAL AGENCIES THE SUPREME COURT Administrative bodies under the executive branch performing quasi- (1) Composition judicial functions, like the National Labor Relations Commission, the a. Chief justice and 14 associate justices Employees Compensation Commission, the Securities and Exchange b. May sit en back or in division of three, five, or seven members Commission, the Insurance Commission, etc., and the independent c. Vacancy shall be filled within 90 days from the occurrence thereof Constitutional Commissions do not form part of the integrated judicial d. Strict Composition: There is but one Supreme Court whose system. membership appointments are permanent. SEC. 2, ART. VIII HOW MANY DIVISIONS CAN IT HAVE? The Congress shall have the power to define, prescribe, and apportion the jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members. JURISDICTION OF COURTS Jurisdiction is the power and authority of a court to hear, try, and decide a case. It may be: 1. General - when it is empowered to decide all disputes which may come before it except those assigned to other courts; 2. Limited - when it has authority to hear and determine only a few specified case; 3. Original - when it can try and decide a case presented for the first EN BANC AND DIVISION CASES time. It may be exclusive or concurrent; En Banc: Cases decided with the concurrence of a majority of the 4. Appellate - when it can take a case already heard and decided by a Members who actually took part in the deliberations and voted. lower court removed from the latter by appeal; Instances when the SC Sits En Banc 5. Exclusive - when it can try and decide a case which cannot be a. Those involving the constitutionality, application, or operation of: presented before any other court; 1. Treaty 6. Concurrent - when any one of two or more court may take 2. Order cognizance of a case. 3. International or Executive Agreement 7. Criminal - that which exists for the punishment of crime; and 4. Law 8. Civil - that which exists when the subject matter is not of a criminal 5. Presidential Decrees nature. 6. Instructions SEC. 3, ART. VIII 7. Proclamations The Judiciary shall enjoy fiscal autonomy. Appropriations for the 8. Ordinances Judiciary may not be reduced by the legislature below the amount 9. Other regulations appropriated for the previous year and, after approval, shall be b. Exercise of the power to discipline judges of lower courts, or order automatically and regularly released. their dismissal [Sec. 11, Art. VIII] c. Discipline of judges can be done by a division, but En Banc decides SEC. 4, ART. VIII cases for dismissal, disbarment, suspension for more than 1 year, or (1) The Supreme Court shall be composed of a Chief Justice and fine of more than P10,000 [People v. Gacott, G.R. No. 116049 (1995)] fourteen Associate Justices. It may sit en banc or in its discretion, in d. Cases or matter heard by a Division where the required number of divisions of three, five, or seven Members. Any vacancy shall be filled votes to decide or resolve these is not met [Sec. 4 (3), Art. VIII] within ninety days from the occurrence thereof. e. Modifying or reversing a doctrine or principle of law laid down by the (2) All cases involving the constitutionality of a treaty, international or court in a decision rendered en banc or in division [Sec. 4 (3), Art. VIII] executive agreement, or law, which shall be heard by the Supreme f. Actions instituted by citizens to test the validity of a proclamation of Court en banc, and all other cases which under the Rules of Court are Martial Law or suspension of the privilege of the writ [Sec. 18, Art. VII] required to be heard en banc, including those involving the g. When sitting as Presidential Electoral Tribunal [Sec. 4 (7), Art. VII] constitutionality, application, or operation of presidential decrees, h. All other cases which under the Rules of Court are require to be proclamations, heard by the SC en banc. [Sec. 4 (2), Art. VIII] orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who SEC. 5, ART. VIII actually took part in the deliberations on the issues in the case and The Supreme Court shall have the following powers: voted thereon. (1) Exercise original jurisdiction over cases affecting ambassadors, (3) Cases or matters heard by a division shall be decided or resolved other public ministers and consuls, and over petitions for certiorari, with the concurrence of a majority of the Members who actually took prohibition, mandamus, quo warranto, and habeas corpus. part in the deliberations on the issues in the case and voted thereon, (2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as and in no case, without the concurrence of at least three of such the law or the Rules of Court may provide, final judgments and orders Members. When the required number is not obtained, the case shall be of lower courts in:' decided en (a) All cases in which the constitutionality or validity of any treaty, banc: Provided, that no doctrine or principle of law laid down by the international or executive agreement, law, presidential decree, court in a decision rendered en banc or in division may be modified or proclamation, order, instruction, ordinance, or regulation is in question. reversed except by the court sitting en banc. (b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. (c) All cases in which the jurisdiction of any lower court is in issue. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. (e) All cases in which only an error or question of law is involved. a. Cases involving the constitutionality or validity of any treaty, (3) Assign temporarily judges of lower courts to other stations as public international or executive agreement, law, presidential decree, interest may require. Such temporary assignment shall not exceed six proclamation, order, instruction, ordinance, or regulation, except in months without the consent of the judge concerned. circumstances where the Court believes that resolving the issue of (4) Order a change of venue or place of trial to avoid a miscarriage of constitutionality of a law or regulation at the first instance is paramount justice. importance and immediately affects the social, economic, and moral (5) Promulgate rules concerning the protection and enforcement of well-being of the people [Moldex Realty v. HLURB, G.R. No. 149719 constitutional rights, pleading, practice, and procedure in all courts, the (2007)]; admission to the practice of law, the Integrated Bar, and legal b. Cases involving the legality of any tax, impost, assessment, or toll, assistance to the underprivileged. Such rules shall provide a simplified or any penalty imposed in relation thereto; and inexpensive procedure for the speedy disposition of cases, shall c. Cases in which the jurisdiction of any lower court is in issue; be uniform for all courts of the same grade, and shall not diminish, d. Criminal cases where the penalty imposed is reclusion perpetual or increase, or modify substantive rights. Rules of procedure of special higher; courts and quasi-judicial bodies shall remain effective unless e. Cases where only a question of law is involved. disapproved by the Supreme Court. (6) Appoint all officials and employees of the Judiciary in accordance WEEK 11: JUDICIAL DEPARTMENT (PART2) with the Civil Service Law. SEC. 6, ART. VIII The Supreme Court shall have administrative supervision over all POWERS AND FUNCTIONS courts and the personnel thereof. Procedural Rule-Making Sec. 5, Art. VIII. The Supreme Court shall have the following powers: The Supreme Court exercises administrative supervision over all [...] courts from the Court of Appeals down to the lowest courts and the Promulgate rules concerning the protection and enforcement of personnel thereof. constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal SEC 7, ART.VIII assistance to the underprivileged. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Limitations Philippines. A Member of the Supreme Court must be at least forty a. Shall provide a simplified and inexpensive procedure for speedy years of age, and must have been for fifteen years or more a judge of a disposition of cases lower court or engaged in the practice of law in the Philippines. b. Uniform for all courts in the same grade (2) The Congress shall prescribe the qualifications of judges of lower c. Shall not diminish, increase, or modify substantive rights courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Period for Deciding Cases [Sec. 15 (1), Art. VIII) Bar. (3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence. SEC. 5, ART. VIII The Supreme Court shall have the following powers: (1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, Original Jurisdiction [Sec. 5 (1), Art. VIII] prohibition, mandamus, quo warranto, and habeas corpus. a. Cases affecting ambassadors, other public ministers and (2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as consuls the law or the Rules of Court may provide, final judgments and orders b. Petition for certiorari - it is a writ issued from a superior court of lower courts in:' requiring a lower court or a board, or officer exercising judicial (a) All cases in which the constitutionality or validity of any treaty, functions to transmit the records of a case to the superior court for international or executive agreement, law, presidential decree, purposes of review. proclamation, order, instruction, ordinance, or regulation is in question. c. Petition for prohibition - It is a writ by which a superior court (b) All cases involving the legality of any tax, impost, assessment, or commands a lower court or a corporation, board, or person acting toll, or any penalty imposed in relation thereto. without or in excess of its or his jurisdiction, or with grave abuse of (c) All cases in which the jurisdiction of any lower court is in issue. discretion, to desist from further proceedings in an action or matter. (d) All criminal cases in which the penalty imposed is reclusion d. Petition for mandamus - It is an order issued by a superior court perpetua or higher. commanding a lower court or a corporation, board, or person to (e) All cases in which only an error or question of law is involved. perform a certain act which it is its or his to do. e. Petition for quo warranto - It is an action by the government to QUALIFICATIONS OF MEMBERS OF THE JUDICIARY recover an office or franchise from an individual or corporation usurping or unlawfully holding it. f. Petition for habeas corpus - is granted, the writ shall be directed against the officer holding custody of the person or, in case the restraint is caused by a person not an officer, the person responsible for said detention; and he shall have to produce the body of the person restrained before the court or judge designated in the writ. Appellate Jurisdiction [Sec. 5 (2), Art. VIII] On Appeal or certiorari (as the Rules of Court provide), SC may review, revise, reverse, modify, or affirm final judgments and orders of lower courts in:  APPOINTMENT, TENURE, SALARY OF JBC MEMBER Ex-officio member - the position in the Council is good only while the person is the occupant of the office. Regular members [Sec. 8 (2), Art. VIII] - The regular members shall be appointed by the President with the consent of the Commission on Appointments The term of the regular members is 4 years. But the term of those initially appointed shall be staggered in the following way so as to create continuity in the council: 1. IBP representatives: 4 years 2. Law professor: 3 years 3. Retired justice: 2 years 4. Private sector: 1 year b. Powers Primary Function - Recommend appointees to the judiciary; may exercise such other functions and duties as the SC may assign to it. [Sec. 8 (5), Art. VIII] Procedure of Appointment The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. [Sec 9. Art, VIII] The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof. [Sec. 4 (1), Art. VIII] SEC 8, ART. VIII For the lower courts, the President shall issue the appointments within (1) A Judicial and Bar Council is hereby created under the supervision ninety days from the submission of the list. [Sec. 9, Art. VIII] of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the SEC. 9, ART. VIII Congress as ex officio Members, a representative of the Integrated Bar, The Members of the Supreme Court and judges of lower courts shall a professor of law, a retired Member of the Supreme Court, and a be appointed by the President from a list of at least three nominees representative of the private sector. prepared by the Judicial and Bar Council for every vacancy. Such (2) The regular Members of the Council shall be appointed by the appointments need no confirmation. President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of For the lower courts, the President shall issue the appointments within the Integrated Bar shall serve for four years, the professor of law for ninety days from the submission of the list. three years, the retired Justice for two years, and the representative of the private sector for one year. SEC. 10, ART. VIII (3) The Clerk of the Supreme Court shall be the Secretary ex officio of The salary of the Chief Justice and of the Associate Justices of the the Council and shall keep a record of its proceedings. Supreme Court, and of judges of lower courts shall be fixed by law. (4) The regular Members of the Council shall receive such emoluments During their continuance in office, their salary shall not be decreased. as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council. SEC. 11, ART. VIII (5) The Council shall have the principal function of recommending The Members of the Supreme Court and judges of lower courts shall appointees to the Judiciary. It may exercise such other functions and hold office during good behavior until they reached the age of seventy duties as the Supreme Court may assign to it. years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges JUDICIAL AND BAR COUNCIL of lower courts or order their dismissal by a vote of a majority of the a. Composition Members who actually took part in the deliberations on the issues in Ex-officio member the case and voted thereon.  Chief Justice as Ex-officio Chairman  Secretary of Justice TENURE OF OFFICE OF MEMBERS OF THEJUDICIARY  One representative of Congress 1. Importance of security of tenure - Section 11 insures the security Regular Members of tenure of the members of the Supreme Court and the judges of  Representatives of the Integrated Bar lower courts.  Professor of Law 2. Retirement Age - The retirement age in the 1973 Constitution was  Retired member of the SC reduced from the original seventy (70) to sixty-five (65) years which is  Representative of private sector the retirement age of other non-elective government officials and Secretary ex-officio [Sec. 8 (3), Art. VIII] - Clerk of Court of the SC, who employees shall keep a record of its proceedings; not a member of the JBC. and restored again to seventy (70). 3. Termination of right to hold office - The Constitution provides for the impeachment of the members of the Supreme Court. (Article XI, Section 2.) As for judges of lower courts, Congress has the power to prescribe the procedure and the causes for their removal. 4. Abolition of Office - It is well-known rule that valid abolition of  Lower courts – within three (3) months unless reduced by the offices is neither removal nor separation of the incumbents. removal Supreme Court. from office is to be distinguished from termination by virtue of the A case or matter is deemed submitted for decision or resolution from abolition of the office. the date the last pleading (Section 5.), brief, or memorandum is filed. SEC. 12, ART. VIII PLEADING The Members of the Supreme Court and of other courts established by Provide notice to the defendant that a lawsuit has been instituted law shall not be designated to any agency performing quasi-judicial concerning a specific controversy or controversies. It also provides or administrative functions. notice to the plaintiff of the defendant's intentions with regard to the suit. The SC and its members should not and cannot be required to [Cornell Law School] exercise any power or to perform any trust or to assume any duty not pertaining to or connected with the administering of judicial functions BRIEF [Meralco v. Pasay Transportation Co., G.R. No. L-37838 (1932)] is a written argument submitted to the court. Lawyers often prepare briefs which highlight and clarify certain information or provide legal SEC. 13, ART. VIII comparisons in an attempt to persuade the courtroom to rule in favor of Requirements for Decisions and Resolutions that lawyer’s client. [Cornell Law School] The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before MEMORANDUM the case is assigned to a Member for the writing of the opinion of the In a legal sense, can refer to a comprehensive and organized written Court. A certification to this effect signed by the Chief Justice shall be document that summarizes and analyzes relevant laws based on legal issued and a copy thereof attached to the record of the case and research to support a conclusion on a particular legal issue. It is served upon the parties. Any Member who took no part, or dissented, usually includes a description of factual background of the subject case or abstained from a decision or resolution must state the reason or fact pattern, a statement of the legal issues to be discussed, an therefor. The same requirements shall be observed by all lower introduction of the relevant laws, an analysis of how the law should collegiate courts. apply to specific facts and a conclusion. [Cornell Law School] SEC. 14, ART. VIII SEC. 16, ART. VIII No decision shall be rendered by any court without expressing therein The Supreme Court shall, within thirty days from the opening of each clearly and distinctly the facts and the law on which it is based. regular session of the Congress, submit to the President and the No petition for review or motion for reconsideration of a decision of the Congress an annual report on the operations and activities of the court shall be refused due course or denied without stating the legal Judiciary. basis therefor. MEANING OF DECISION Decision is the judgment rendered by a court of justice or other competent tribunal after the presentation of the respective positions of the parties in an ordinary or criminal case or upon a stipulation of facts upon which the disposition of the case is based. SEC. 15, ART. VIII (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts. (2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pending, brief, or memorandum required by the Rules of Court or by the court itself. (3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period. (4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay. MAXIMUM PERIODS FOR RENDITION OF DECISIONS. From date of submission for decision or resolution – by constitutional mandate, the various courts must decide or resolve a case or matter submitted thereto within the following periods from the date of submission:  Supreme Court – within twenty-four (24) months;  The Court of Appeals and other collegiate appellate courts – within twelve (12) months unless reduced by the Supreme Court;