Constitutional Law I - Group 2 - The Executive Department PDF

CONSTITUTIONAL LAW I IV. THE EXECUTIVE DEPARTMENT CONSTITUTIONAL LAW I Group II – Executive Department A. Qualifications, Election, Term, and Oath...

CONSTITUTIONAL LAW I IV. THE EXECUTIVE DEPARTMENT CONSTITUTIONAL LAW I Group II – Executive Department A. Qualifications, Election, Term, and Oath The person having the highest number of votes shall be proclaimed Section 2. No person may be elected President unless he is a natural- elected, but in case two or more shall have an equal and highest born citizen of the Philippines, a registered voter, able to read and write, number of votes, one of them shall forthwith be chosen by the vote of a at least forty years of age on the day of the election, and a resident of majority of all the Members of both Houses of the Congress, voting the Philippines for at least ten years immediately preceding such separately. election. The Congress shall promulgate its rules for the canvassing of the Section 4. The President and the Vice-President shall be elected by certificates. direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and The Supreme Court, sitting en banc, shall be the sole judge of all shall end at noon of the same date, six years thereafter. The President contests relating to the election, returns, and qualifications of the shall not be eligible for any re-election. No person who has succeeded President or Vice-President, and may promulgate its rules for the as President and has served as such for more than four years shall be purpose. qualified for election to the same office at any time. Section 5. Before they enter on the execution of their office, the No Vice-President shall serve for more than two successive terms. President, the Vice-President, or the Acting President shall take the Voluntary renunciation of the office for any length of time shall not be following oath or affirmation: considered as an interruption in the continuity of the service for the full term for which he was elected. "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of Unless otherwise provided by law, the regular election for President and the Philippines, preserve and defend its Constitution, execute its laws, Vice-President shall be held on the second Monday of May. 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 be The returns of every election for President and Vice-President, duly omitted.) certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. QUALIFICATIONS Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all the No person may be elected President unless he is: certificates in the presence of the Senate and the House of a) Natural born citizen of the Philippines Representatives in joint public session, and the Congress, upon b) Registered voter determination of the authenticity and due execution thereof in the c) Is able to read and write manner provided by law, canvass the votes. d) At least forty years of age on the day of the election, and Page 1 of 36 CONSTITUTIONAL LAW I Group II – Executive Department e) A resident of the Philippines for at least ten years immediately The provincial, city, or district boards of canvassers in Metropolitan preceding such election. Manila, as the case may be, shall meet not later than six o’clock in the evening on election day to canvass the election returns that may have ELECTION already been received by them, respectively. Sec. 4, Art VII, Par. 1 & 3. The President and the Vice-president shall be Batasang Pambansa 881 Sec. 3 Election and Campaign periods elected by direct vote of the people for a term of 6 years which shall Unless, otherwise fixed in special cases by the commission on begin at noon on the 30th day of June next following the day of the Elections, which hereinafter shall be referred to as the Commission, election and shall end at noon of the same date, six years thereafter. the election period shall commence ninety (90) days before the day of the election and shall end thirty (30) days thereafter. The period of Unless otherwise provided by law, the regular election for President and campaign shall be as follows: Vice-president hall be held on the second Monday of May. a) President and Vice President – 90 days b) Members of the Batasang Pambansa and Local Election – 45 days Sec. 9, Art. VII. Vacancy in the office of the Vice President. c) Barangay Election – 15 days The President shall nominate a Vice president from among the members of the Senate and the House of Representatives who shall Congress is mandated to declare a winner in 30 days after the election’s assume office upon confirmation by a majority vote of all the Members maximum. of both Houses of Congress voting separately. Comelec - Senatorial Positions Presidential and VP - will be canvassed by congress when it resumes Who counts the votes? session on May 23. Sec. 4, Art. VII, Par. 4. The returns of every election for President and TERM vice-president, duly certified by the board of canvassers of each province or city, shall be transmitted to the congress, directed to the Sec. 4, Art. VII, Par. 1 & 2. The President and the Vice-President shall president of the Senate. Upon receipt of the certificates of canvass, the be elected by direct vote of the people for a term of six years which shall President of the Senate shall, not later than thirty days after the day of begin at noon on the thirtieth day of June next following the day of the the election, open all the certificates in the presence of the Senate and election and shall end at noon of the same date, six years thereafter. the House of Representatives in joint public session, and the Congress, The President shall not be eligible for any re-election. No person who upon determination of the authenticity and due execution thereof in the has succeeded as President and has served as such for more than four manner provided by law, canvass the votes. years shall be qualified for election to the same office at any time. Sec. 15, Art. II Batasang Pambansa 881 No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be Page 2 of 36 CONSTITUTIONAL LAW I Group II – Executive Department considered as an interruption in the continuity of the service for the full OATH term for which he was elected. Sec. 5, Art. VII. Before they enter on the execution of their office, the Rules on Succession president, the vice-president, or the acting president shall take the following oath or affirmation: a) Vacancy at the beginning of the term. b) Death or permanent disability of the President-elect. ” I do solemnly swear that I will faithfully and conscientiously a. Vice President-elect shall become President. fulfill my duties as President (Vice-president) of the Philippines, c) President-elect fails to qualify. preserve and defend its Constitution, execute its laws, do a. Vice President-elect shall act as President until the justice to every man, and consecrate myself to the service of President-elect shall have qualified. the Nation. So, help me God.” d) President shall not have been chosen. a. Vice President-elect shall act as President until a President B. Privilege and Salary shall have been chosen and qualified. e) No President and Vice President chosen nor shall have qualified, or Section 6. The President shall have an official residence. The salaries both shall have died or become permanently disabled. of the President and Vice-President shall be determined by law and a. The President of the Senate or, in case of his inability, the shall not be decreased during their tenure. No increase in said Speaker of the House of Representatives shall act as compensation shall take effect until after the expiration of the term of President until a President or a Vice President shall have the incumbent during which such increase was approved. They shall been chosen and qualified. not receive during their tenure any other emolument from the f) In the event of inability of the officials mentioned, Congress shall, Government or any other source. by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice President The current salary pay of the President is, 201,667 with an additional shall have qualified. allowance of 41, 667 amounting to a total of 243,334 per month. While g) Vacancy during the term. the Vice-president has a base salary of 138,125 with an additional a. Death, permanent disability, removal from office, or allowance of 16,000 amounting to 151,125. resignation of the President: Vice President shall become the President. EXECUTIVE/PRESIDENTIAL IMMUNITY Although the President is immune from suit, she may not be prevented from instituting suit. [Soliven V. Makasar GR. No. 82585] Page 3 of 36 CONSTITUTIONAL LAW I Group II – Executive Department After his tenure, the Chief Executive cannot invoke immunity from suit C. Prohibitions for civil damages arising out of acts done by him while he was President which were not performed in the exercise of official duties. [Estrada v. Section 13. The President, Vice-President, the Members of the Desierto] Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment EXECUTIVE/PRESIDENTIAL PRIVILEGE during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or “The right of the President and high-level executive branch officials to be financially interested in any contract with, or in any franchise, or withhold information from Congress, the courts, and ultimately, the special privilege granted by the Government or any subdivision, agency, public” or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of This is not expressly stated with in the constitution but is an executive interest in the conduct of their office. privilege that is fundamental to the operation of government and rooted Unless otherwise provided in this Constitution, shall in the separation of powers under the constitution. [Almonte v. not hold any other office or employment. Vasquez] The spouse and relatives by consanguinity or affinity within the fourth The privilege being, by definition, an exemption from the obligation to civil degree of the President shall not, during his tenure, be appointed disclose information (in this case to Congress), the necessity for as Members of the Constitutional Commissions, or the Office of the withholding the information must be of such a high degree as to Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled outweigh the public interest in enforcing that obligation in a particular corporations and their subsidiaries. case. [Neri v. Senate] Positions held by virtue of one’s primary office without additional Presidential conversations, correspondences, or discussions during compensation are not covered by constitutional prohibitions against closed-door Cabinet meetings, like the internal deliberations of the holding multiple offices. Supreme Court and other collegiate courts, or executive sessions of either House of Congress, are recognized as confidential. This kind of The Supreme Court declared as unconstitutional Executive Order No. information cannot be pried open by a co-equal branch of government. 284 which allowed Cabinet members to hold two other offices in [Senate v. Ermita] government, in direct contravention of Sec. 13, Art. VII. The prohibition on the 107 President and his official family is all-embracing and covers both public and private office employment, not being qualified by the phrase “in the Government” x x x This is proof of the intent of the Page 4 of 36 CONSTITUTIONAL LAW I Group II – Executive Department Constitution to treat them as a class by itself and to impose upon said D. Succession class stricter prohibitions. [Civil Liberties Union v. Executive Secretary] Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms. Direct interest is not necessary. Indirect interest suffices the violation of the prohibition of the President, Vice-President, the Cabinet If the President-elect, members and their deputies or assistants from participating in any fails to qualify (Qualifications for public office are business with the government. [QUINTIN S. DOROMAL v. continuing requirements and must be possessed not only SANDIGANBAYAN, GR No. 85468, 1989-09-07] at the time of appointment or election or assumption of office but during the officer's entire tenure. Once any of the This case reaffirmed the constitutional doctrines against holding required qualifications is lost, his title may be seasonably multiple public offices, emphasizing the principles of compatibility and challenged), the clear separation of roles within the government structure. It shall not have been chosen, highlighted the necessity of applying a test of compatibility to ascertain shall have died, whether one office is subordinate to, or might interfere with, another. or shall have become permanently disabled, [PUBLIC INTEREST CENTER INC. v. MAGDANGAL B. ELMA, GR No. the Vice President-elect shall become President. 138965, 2006-06-30] Where no President and Vice-President shall have been chosen or EXCEPTIONS TO THE RULE shall have qualified, or where both shall have died or become permanently disabled, Section 3 (2) Article VII. The Vice-President may be appointed as a the Senate President, and in case of his inability, Member of the Cabinet. Such appointment requires no confirmation. the Speaker of the House of Representatives, shall act as President until a President or a Vice-President shall have Section 8 (1) Article VIII. Secretary of Justice - The judicial power shall been chosen and qualified. be vested in one Supreme Court and in such lower courts as may be established by law. The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice- Ex officio positions - refers to the process by which a director is President shall have qualified, in case of death, permanent disability, appointed automatically (by operation of law) by holding another office. or inability of the officials mentioned. Section 9. In case of vacancy in the Office of the Vice-President, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives, who shall assume office Page 5 of 36 CONSTITUTIONAL LAW I Group II – Executive Department upon confirmation by a majority vote of all the Members of both Houses same act must be given legal effect. [JOSEPH E. ESTRADA v. ANIANO of the Congress, voting separately. DESIERTO, GR Nos. 146710-15, 2001-03-02] Section 10. The Congress, after the vacancy in the offices of the E. Removal President and Vice-President occurs, at ten o’clock in the morning of the third day shall convene to enact a law calling for a special election Section 2. The President, the Vice-President, the Members of the to elect a President and a Vice-President to be held not earlier than Supreme Court, the Members of the Constitutional Commissions, and forty-five days nor later than sixty days from the time of such call. the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, TEMPORARY DISABILITY graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as Section 2. To be elected as President he must be: provided by law, but not by impeachment. a) a natural-born citizen of the Philippines, b) a registered voter, Section 3. c) able to read and write, 1. The House of Representatives shall have the exclusive power to d) at least forty years of age on the day of the election, and initiate all cases of impeachment. e) a resident of the Philippines for at least ten years immediately preceding such election. 2. A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution Section 3. The Vice-President, in the same manner like the President, or endorsement by any Member thereof, which shall be included in shall be elected with the same qualifications and term of office. He may the Order of Business within ten session days, and referred to the be removed from office like how the President is removed. proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, The Court reiterated the doctrine that the resignation of a public official shall submit its report to the House within sixty session days from can be determined from his actions and statements, without a formal such referral, together with the corresponding resolution. The letter of resignation. It also clarified the extent of immunity from suit of resolution shall be calendared for consideration by the House a non-sitting president, ruling that such immunity does not protect within ten session days from receipt thereof. against prosecution for criminal acts committed during the presidency. In a resignation, there must be an intent to resign, and that intent must 3. A vote of at least one-third of all the Members of the House shall be be coupled by acts of relinquishment. The validity of a resignation is not necessary either to affirm a favorable resolution with the Articles of government by any formal requirements as to form since it can be oral Impeachment of the Committee, or override its contrary resolution. or written, expressed or implied. So long as the resignation is clear, the The vote of each Member shall be recorded. Page 6 of 36 CONSTITUTIONAL LAW I Group II – Executive Department 4. In case the verified complaint or resolution of impeachment is filed The President’s power to conduct investigations to aid him in ensuring by at least one-third of all the Members of the House, the same the faithful execution of laws is inherent in the President’s powers as shall constitute the Articles of Impeachment, and trial by the the Chief Executive. The purpose of allowing ad hoc investigating Senate shall forthwith proceed. bodies to exist is to allow an inquiry into matters which the President is entitled to know so that he can be properly advised and guided in the 5. No impeachment proceedings shall be initiated against the same performance of his duties relative to the execution and enforcement of official more than once within a period of one year. the laws of the land. [Biraogo v. Philippine Truth Commission, G.R. 6. The Senate shall have the sole power to try and decide all cases of Nos. 192935- 36 (2010)] impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on The Constitution declares among the guiding principles that the prime trial, the Chief Justice of the Supreme Court shall preside, but shall duty of the Government is to serve and protect the people" and that the not vote. No person shall be convicted without the concurrence of maintenance of peace and order, the protection of life, liberty, and two-thirds of all the Members of the Senate. property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy." [Art. II, 7. Judgment in cases of impeachment shall not extend further than Secs. 4 and 5.] To protect the general welfare of people; founded on removal from office and disqualification to hold any office under duty of the President as steward of the people; includes powers the Republic of the Philippines, but the party convicted shall unrelated to execution of any provision of law. [Marcos v. Manglapus, nevertheless be liable and subject to prosecution, trial, and G.R. No. 88211(1989)] punishment, according to law. Although the President may, under the American constitutional 8. The Congress shall promulgate its rules on impeachment to system enter into executive agreements without previous effectively carry out the purpose of this section. legislative authority, he may not, by executive agreement, enter into a transaction which is prohibited by statutes enacted prior F. Powers and Functions of the President thereto. 1) EXECUTIVE POWER Under the Constitution, the main function of the Executive is to enforce laws enacted by Congress. The former may not interfere in the Section 1. The executive power shall be vested in the President of the performance of the legislative powers of the latter, except in the Philippines. exercise of his veto power. He may not defeat legislative enactments that have acquired the status of law, by indirectly repealing the same Section 17. The President shall have control of all the executive through an executive agreement providing for the performance of the departments, bureaus, and offices. He shall ensure that the laws be very act prohibited by said laws. [Gonzales v. Hechanova G.R. No. L- faithfully executed. 21897 22 Oct 1963] Page 7 of 36 CONSTITUTIONAL LAW I Group II – Executive Department Applying the doctrine of qualified political agency, the power of the The Department head as agent of the President has direct control and President to reorganize the National Government may validly be supervision over all bureaus and offices under his jurisdiction as delegated to his cabinet members exercising control over a particular provided for in section 79 (c) of the Revised Administrative Code, but he executive department. does not have the same control of local governments as that exercised by him over bureaus and offices under his jurisdiction. Likewise, his Under this doctrine, which recognizes the establishment of a single authority to order the investigation of any act or conduct of any person executive, all executive and administrative organizations are adjuncts in the service of any bureau or office under his department is confined of the Executive Department, the heads of the various executive to bureaus or offices under his jurisdiction and does not extend to local departments are assistants and agents of the Chief Executive, and, governments over which, as already stated, the President exercises except in cases where the Chief Executive is required by the only general supervision as may be provided by law. [Mondrano v. Constitution or law to act in person or the exigencies of the Silvosa, G.R. No. L-7708, 30 May 1955] situation demand that he act personally, the multifarious executive and administrative functions of the Chief Executive are performed 3) POWER OF GENERAL SUPERVISIONS OVER LOCAL by and through the executive departments, and the acts of the GOVERNMENT UNITS / AUTUNOMOUS REGIONS Secretaries of such departments, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by This refers to the oversight function. The Executive must see to it that the Chief Executive, presumptively the acts of the Chief Executive. This rules, which it did not make, are followed. doctrine is corollary to the control power of the President as provided for under Article VII, Section 17 of the 1987 Constitution. [DENR v. 4) POWER OF APPOINTMENT DENR Region 12 Employees GR No. 149725 Date 19 Aug 2003] a) With concurrence of the Commission on Appointments 2) POWER OF CONTROL Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive Section 17. The President shall have control of all the executive departments, ambassadors, other public ministers and consuls, or departments, bureaus, and offices. He shall ensure that the laws be officers of the armed forces from the rank of colonel or naval captain, faithfully executed. and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government Under this constitutional provision the President has been invested whose appointments are not otherwise provided for by law, and those with the power of control of all the executive departments, bureaus, or whom he may be authorized by law to appoint. The Congress may, by offices, but not of all local governments over which he has been granted law, vest the appointment of other officers lower in rank in the President only the power of general supervision as may be provided by law. alone, in the courts, or in the heads of departments, agencies, commissions, or boards. Page 8 of 36 CONSTITUTIONAL LAW I Group II – Executive Department The President shall have the power to make appointments during the Section 3, Art VII. There shall be a Vice-President who shall have the recess of the Congress, whether voluntary or compulsory, but such same qualifications and term of office and be elected with and in the appointments shall be effective only until after disapproval by the same manner as the President. He may be removed from office in the Commission on Appointments or until the next adjournment of the same manner as the President. Congress. The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation. This case underscores the significance of the President's power of appointment and control over the executive branch, as enshrined in the d) Appointment solely by the President Philippine Constitution. The Supreme Court’s decision emphasizes that while Congress can delegate the appointment power for certain Section 16, Art. VII. The President shall nominate and, with the lower-ranking officials, the President’s authority remains paramount. consent of the Commission on Appointments, appoint the heads of the [Rufino v. Endriga, G.R. No. 139554, 21 Jul 2006] executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or b) Upon recommendation of the Judicial and Bar Council naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Section 9, Art. VIII. The Members of the Supreme Court and judges of Government whose appointments are not otherwise provided for by lower courts shall be appointed by the President from a list of at least law, and those whom he may be authorized by law to appoint. The three nominees prepared by the Judicial and Bar Council for every Congress may, by law, vest the appointment of other officers lower in vacancy. Such appointments need no confirmation. rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. For the lower courts, the President shall issue the appointments within ninety days from the submission of the list. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such Section 9, Art. XI. The Ombudsman and his Deputies shall be appointments shall be effective only until disapproved by the appointed by the President from a list of at least six nominees prepared Commission on Appointments or until the next adjournment of the by the Judicial and Bar Council, and from a list of three nominees for Congress. every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after e) Limitations to Appointing Power they occur. Section 13, Art. VII. The President, Vice-President, the Members of the c) Appointment of Vice-president as Cabinet Member Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or Page 9 of 36 CONSTITUTIONAL LAW I Group II – Executive Department indirectly, practice any other profession, participate in any business, or Commission was not in session, went against the intent and spirit of be financially interested in any contract with, or in any franchise, or the constitutional. [Aytona v. Castillo, G.R. No. L-19313, 19 Jan 1962] special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of f) Interim or Recess Appointments interest in the conduct of their office. A permanent appointment made by the President while the Congress The spouse and relatives by consanguinity or affinity within the fourth is in recess. It’s not a temporary appointment that can be withdrawn or civil degree of the President shall not during his tenure be appointed as revoked at any time because it is approved by the Commission on members of the Constitutional Commissions, or the Office of the Appointments. Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled Regular session - 4th Monday of July every year, ends 30 days before the corporations and their subsidiaries. next session, exclusive of Saturdays, Sundays, and legal holidays Section 15, Art. VII. Two months immediately before the next When can it be terminated? presidential elections and up to the end of his term, a President or 1. Disapproval by the Commission on Appointments Acting President shall not make appointments, except temporary 2. Until the next adjournment of the Congress (not acted appointments to executive positions when continued vacancies upon/bypassed by Congress) therein will prejudice public service or endanger public safety. Section 19, Art. VI. The Electoral Tribunals and the Commission on The Court acknowledged previous precedents stating that once an Appointments shall be constituted within thirty days after the Senate appointment is made and the appointee has qualified, it cannot be and the House of Representatives shall have been organized with the reconsidered. However, the Court also noted that none of those election of the President and the Speaker. The Commission on precedents dealt with a mass issuance of ad interim appointments Appointments shall meet only while the Congress is in session, at made in the final hours of an outgoing presidency. The Court found that the call of its Chairman or a majority of all its Members, to discharge the circumstances surrounding these appointments justified an such powers and functions as are herein conferred upon it. exception to the general rule. The Court also noted that after the proclamation of President Macapagal's election victory, President Section 16(2), Art. VII. The President shall have the power to make Garcia had a duty to prepare for an orderly transition of power and appointments during the recess of the Congress, whether voluntary or should have refrained from acts that could obstruct the incoming compulsory, but such appointments shall be effective only until president’s policies. The Court found that the hurried and irregular disapproval by the Commission on Appointments or until the next manner in which the appointments were issued, including bypassing adjournment of the Congress. department heads and submitting them for confirmation while the Page 10 of 36 CONSTITUTIONAL LAW I Group II – Executive Department "Until the next adjournment of the Congress" does not make any b. There is no law that prohibits local elective officials from reference to any specific session of the Congress, — whether regular making appointments during the last days of his or her or special, — but such silence is of no moment, for it is a well-known tenure. Prohibition only applies to appointments by the maxim in statutory construction that when the law does not distinguish President (De la Rama v. CA, G.R. No. 131136, Feb. 28, we should not distinguish. UBI LEX NON DISTINGUIT NEC NOS 2001). DISTINGUERE DEBEMUS. Consequently, it is safe to conclude that the c. If the President is not satisfied with the list submitted by the framers of our Constitution in employing merely the word adjournment JBC, he may ask for another list. But once the appointment as a mode of terminating an appointment made during the recess of is issued by the President and accepted by the nominee, it Congress had in mind either the regular or special session, and not needs no further confirmation. simply the regular one as contended by petitioner. [Guevara v. d. President may appoint SC Justice within 60 days prior to Inocentes, G.R. No. L-2557, 15 Mar 1966] election. Article VII deals entirely with the executive department while Article VIII deals with the judiciary. Had Concept of midnight appointments: Presidential appointments that are the framers intended to extend the 60- day prohibition made 2 months before the next presidential elections and up to the end contained in Section 15, Article VII to the appointment of of his term. [De Rama v. CA, G.R. No. 131136, 28 Feb 2001] Members of the Supreme Court, they could have explicitly done so. That such specification was not done only reveals General Rule: Two months immediately before the next presidential that the prohibition against the President or Acting elections and up to the end of his term, a President or Acting President President making appointments within two months before shall not make appointments. the next presidential elections and up to the end of the President’s or Acting President’s term does not refer to the Exception: Temporary appointments to executive positions when Members of the Supreme Court. The usage in Section 4 (1), continued vacancies therein will prejudice public service or endanger Article VIII of the word shall – an imperative, operating to public safety. (Section 15 Art. 7) impose a duty that may be enforced – should not be a. Prohibition does not extend to appointments in the disregarded. Supreme Court. Had the framers intended to extend the e. The framers did not need to extend the prohibition against prohibition to the appointment of Members of the Supreme midnight appointments to appointments in the Judiciary, Court, they could have explicitly done so. The prohibition is because the establishment of the JBC and subjecting the confined to appointments in the Executive Department. nomination and screening of candidates for judicial Existence of the JBC also prevents possible abuses in positions to the unhurried and deliberate prior process of appointment (De Castro v JBC, G.R. No. 191002, April 20, the JBC ensured that there would no longer be midnight 2010); overturned In re: Appointment of Valenzuela, A.M. appointments to the Judiciary. JBC intervention eliminates 98-5-01-SC, Nov. 9, 1998). the danger that appointments to the Judiciary can be made for the purpose of buying votes in a coming presidential Page 11 of 36 CONSTITUTIONAL LAW I Group II – Executive Department election, or of satisfying partisan considerations. The making it effective until disapproved by the Commission on creation of the JBC was precisely intended to de-politicize Appointments or until the next adjournment of Congress. [Matibag v. the Judiciary by doing away with the intervention of the Benipayo, G.R. No. 149036, 02 Apr 2002] Commission on Appointments (De Castro v. JBC, G.R. No. 191002, April 20 2010). g) Temporary Designation Sec. 15, Art. VII. Two months immediately before the next presidential Section 17, Book III, Administrative Code of 1987 elections and up to the end of his term, a President or Acting President 1) The President may temporarily designate an officer already in shall not make appointments, except temporary appointments to the government service, appointment to which is vested in him executive positions when continued vacancies therein will by law, when (a) the officer regularly appointed to the office prejudice public service or endanger public safety. is unable to perform his duties by reason of illness, absence, or any other cause; or (b) there exists a vacancy. Prohibition for Local Officials 2) The person designated shall receive only such additional compensation as, with his existing salary, shall not exceed the The constitutional prohibition on so-called "midnight appointments," salary authorized by law for the position filled. The specifically those made within two (2) months immediately prior to the compensation hereby authorized shall be paid out of the funds next presidential elections, applies only to the President or Acting appropriated for the office or agency concerned. President. 3) In no case shall a temporary designation exceed SIX MONTHS. IN CASE OF VACANCY. THE PRESIDENT IS MANDATED TO FILL Constitutional provision relied upon by petitioner prohibits only those THE POSITION WITH A PERMANENT APPOINTMENT WITHIN appointments made by an outgoing President and cannot be made to THE SAID PERIOD. apply to local elective officials. Thus, the CSC opined, "the appointing authority can validly issue appointments until his term has expired, as h) Limitations on Appointing Power of Acting President long as the appointee meets the qualification standards for the position." [De Rama v. CA, G.R. No. 131136, 28 Feb 2001] Section 14, Art. VII. Appointments extended by an acting president shall remain effective, unless revoked by the elected president, “An ad interim appointment is a permanent appointment because it within 90 days from his assumption or reassumption of office. takes effect immediately and can no longer be withdrawn by the Section 15, Art. VII. Two months immediately before the next President once the appointee has qualified into office.” presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary The fact that it is subject to confirmation by the Commission on appointments to executive positions when continued vacancies Appointments does not alter its permanent character. The Constitution therein will prejudice public service or endanger public safety. itself makes an ad interim appointment permanent in character by Page 12 of 36 CONSTITUTIONAL LAW I Group II – Executive Department i) Power to Remove j) Power to Appoint Members of the Judiciary Under the doctrine of implication, the power to appoint carries with it Only the President can appoint the Chief Justice. Under the the power to remove. [Gonzales III v. Office of the President, G.R. Constitution, it is mandatory for the JBC to submit to the President the No. 196231, 04 Sep 2012 (En Banc)] list of nominees to fill a vacancy in the Supreme Court in order to enable the President to appoint one of them within the 90-day period from the General Rule: All officers appointed by the President are also occurrence of the vacancy. The JBC has no discretion to submit the list removable by him. to the President after the vacancy occurs, because that shortens the 90-day period allowed by the Constitution for the President to make the Exception: When the law expressly provides otherwise - that is, when appointment. For the JBC to do so will be unconscionable on its part, the power to remove is expressly vested in an office or authority other considering that it will thereby effectively and illegally deprive the than the appointing power. In some cases, the Constitution expressly President of the ample time granted under the Constitution to reflect separates the power to remove from the President's power to appoint. on the qualifications of the nominees named in the list of the JBC before making the appointment. [De Castro v. JBC, G.R. No. 191002, 17 Mar 1) Under Section 9, Article VIII of the 1987 Constitution, the 2010] Members of the Supreme Court and judges of lower courts shall be appointed by the President. However, Members of the Appointments with prior recommendation or nomination by the JBC: Supreme Court may be removed after impeachment 1. Members of the Supreme Court and Judges of the lower proceedings initiated by Congress (Section 2, Article XI), courts; these appointments do not need CA confirmation. 2) While judges of lower courts may be removed only by the (Art. VIII, Sec 9) Supreme Court by virtue of its administrative supervision over 2. Ombudsman and his Deputies; requires no confirmation all its personnel (Sections 6 and 11, Article VIII). (Art XI, Sec 9) 3) The Chairpersons and Commissioners of the Civil Service Commission Section 1(2), Article IX(B), the Commission on Ministerial v. Discretionary Elections Section 1(2), Article IX(C), and the Commission on Audit Section 1(2), Article IX(D) shall likewise be appointed by Ministerial the President, but they may be removed only by impeachment An officer or tribunal performs in a given state of facts, in a prescribed (Section 2, Article XI). manner, in obedience to the mandate of a legal authority, without 4) The Ombudsman himself shall be appointed by the President regard to or the exercise of his own judgment upon the propriety or (Section 9, Article XI) but may also be removed only by impropriety of the act done. impeachment (Section 2, Article XI). Page 13 of 36 CONSTITUTIONAL LAW I Group II – Executive Department Discretionary unless there is clear evidence of conditional terms explicitly stated This is if the law imposes a duty upon a public officer and gives him the within the pardon. [Risos-Vidal v. COMELEC] right to decide how or when the duty shall be performed. Probation is not a right granted to a convicted offender; it is a special 5) EXECUTIVE CLEMENCY privilege granted by the State to a penitent qualified offender, who does not possess the disqualifications under Section 9 of P.D. No. 968, as Section 19. Except in cases of impeachment, or as otherwise provided amended. Likewise, the Probation Law is not a penal law for it to be in this Constitution, the President may grant reprieves, commutations, liberally construed to favor the accused. [Maruhom v. People] and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the In this case, the resulting penalty is reclusion perpetua. This penalty will concurrence of a majority of all the Members of the Congress. be suffered by the driver and the helpers. The operator of the illegal logging business has not been apprehended. While we sympathize with Section. 5, Art. IX (C). No pardon, amnesty, parole, or suspension of the plight of petitioners who were merely following orders and were sentence for violation of election laws, rules, and regulations shall be consequently caught in possession of the lumber, we must still apply granted by the President without the favorable recommendation of the the law in full force. Dura lex sed lex. But considering the facts about Commission. petitioners' participation in the crime, and guided by jurisprudence on instances when the facts of the crime elicited the Court's a) PARDONING POWER compassion for the accused, we recommend executive clemency. [Idanan v. People] The executive clemency under it is extended upon the conditions named in it, and he accepts it upon those conditions. One of these is It was emphasized in this case that, pardon is an act of grace, that the governor may withdraw his grace in a certain contingency, and proceeding from the power entrusted with the execution of the laws, another is that the governor shall himself determine when that which exempts the individual, on whom it is bestowed, from the contingency has arisen. It is as if the convict, with full competency to punishment the law inflicts for a crime he has committed. bind himself in the premises had expressly contracted and agreed that, whenever the governor should conclude that he had violated the It is the private, though official act of the executive magistrate, delivered condition to prison should at once issue, and be conclusive upon him. to the individual for whose benefit it is intended and not communicated [Espuelas v. Provincial Warden of Bohol] officially to the court. A pardon is a deed, to the validity of which delivery is essential. [Ruben Tiu v. Dizon] An absolute pardon restores all civil and political rights of the grantee, unless explicitly stated otherwise in the pardon itself. The terms of an executive clemency are interpreted according to their plain meaning Page 14 of 36 CONSTITUTIONAL LAW I Group II – Executive Department NOTE: A pardon reaches both the punishment prescribed for the offense and Conditional pardon the guilt of the offender. It releases the punishment, and blots out of existence the guilt, so that in the eye of the law, the offender is as A contract between the sovereign power or the Chief Executive and the innocent as if he had never committed the offense. It removes the convicted criminal to the effect that the former will release the latter penalties and disabilities, and restores him to all his civil rights. It subject to the condition that if he does not comply with the terms of the makes him, as it were, a new man, and gives him a new credit and pardon, he will be recommitted to prison to serve the unexpired portion capacity. of the sentence or an additional one. By the pardonee's consent to the terms stipulated in this contract, the pardonee has thereby placed In probation, the probationer is in no true sense, as in pardon, a free himself under the supervision of the Chief Executive or his delegate man. He is not finally and completely exonerated. He is not exempt who is duty-bound to see to it that the pardonee complies with the from the entire punishment which the law inflicts. The probationer's terms and conditions of the pardon." case is not terminated by the mere fact that he is placed on probation. Doctrine of Qualified Political Agency Probation may be definitely terminated and the probationer finally discharged from supervision only after the period of probation shall Essentially postulates that “the heads of the various executive have been terminated and the probation officer shall have submitted a departments are the alter egos of the President, and, thus, the actions report, and the court shall have found that the probationer has taken by such heads in the performance of their official duties are complied with the conditions of probation. The probationer, then, deemed the acts of the President unless the President himself should during the period of probation, remains in legal custody — subject to disapprove such acts." the control of the probation officer and of the court; and, he may be rearrested upon the non-fulfillment of the conditions of probation and, Section 3 of R.A. No. 9346 - "[p]ersons convicted of offenses punished when rearrested, may be committed to prison to serve the sentence with reclusion perpetua, or whose sentences will be reduced to originally imposed upon him. [People v. Vera] reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence A "pardon" is an act of grace, proceeding from the power entrusted with Law, as amended." the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has Section 9(a) of the Probation Law - the benefits of probation shall not committed; It is a remission of guilt, a forgiveness of the offense. extend to those sentenced to serve a maximum term of imprisonment of more than six (6) years. [People v. Galuga] "Commutation" is a remission of a part of the punishment; a substitution of a less penalty for the one originally imposed. b) PARDON V. PROBATION Page 15 of 36 CONSTITUTIONAL LAW I Group II – Executive Department A "reprieve" or "respite" is the withholding of the sentence for an indemnity imposed upon him by the sentence" while amnesty looks interval of time, a postponement of execution, or a temporary backward and abolishes and puts into oblivion the offense itself, it so suspension of execution. overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though c) PARDON V. PAROLE he had committed no offense. [Barrioquinto v. Fernandez] To grant to convicted prisoners reprieves or pardons, either plenary or Pardon is granted by the Chief Executive and as such it is a private act partial, conditional or unconditional; to suspend sentences without which must be pleaded and proved by the person pardoned, because parole, remit fines, and order the discharge of any convicted person the courts take no notice thereof; while amnesty by Proclamation of upon parole, subject to such conditions as he may impose; and to the Chief Executive with the concurrence of Congress, and it is a public authorize the arrest and recommitment of any such person who, in his act of which the courts should take judicial notice. judgment, shall fail to comply with the condition or conditions, of his pardon, parole or suspension of sentence. Pardon is granted to one after conviction; while amnesty is granted to classes of persons or communities who may be guilty of political The executive clemency under it is extended upon the conditions offenses, generally before or after the institution of the criminal named in it, and he accepts it upon those conditions. One of these is prosecution and sometimes after conviction. that the governor may withdraw his grace in a certain contingency, and another is that the governor shall himself determine when that In order to entitle a person to the benefits of the Amnesty contingency has arisen. It is as if the convict, with full competency to Proclamation of September 7, 1946, it is not necessary that he bind himself in the premises, had expressly contracted and agreed, should, as a condition precedent or sine qua non, admit having that, whenever the governor should conclude that he had violated the committed the criminal act or offense with which he is charged and conditions of his parole, an executive order for his arrest and allege the amnesty as a defense; it is sufficient that the evidence either remandment to prison should at once issue, and be conclusive upon of the complainant or the accused, shows that the offense committed him. [Torres v. Gonzales] comes within the terms of said Amnesty Proclamation. [Barrioquinto v. Fernandez] d) PARDON V. AMNESTY Amnesty presupposes the commission of a crime, and when an Pardon looks forward and relieves the offender from the consequences accused maintains that he has not committed a crime, he cannot of an offense of which he has been convicted, that is, it abolished or have any use for amnesty. Where an amnesty proclamation imposes forgives the punishment, and for that reason it does "nor work the certain conditions, as in this case, it is incumbent upon the accused to restoration of the rights to hold public office, or the right of suffrage, prove the existence of such conditions. The invocation of amnesty is in unless such rights be expressly restored by the terms of the pardon," the nature of a plea of confession and avoidance, which means that the and it "in no case exempts the culprit from the payment of the civil pleader admits the allegations against him but disclaims liability Page 16 of 36 CONSTITUTIONAL LAW I Group II – Executive Department therefore on account of intervening facts which, if proved, would bring automatic reinstatement because of a mistaken notion that the pardon the crime charged within the scope of the amnesty proclamation. [Vera virtually acquitted one from the offense of estafa would be grossly v. People] (Note: This overruled the Amnesty of Proclamation of untenable. A pardon, albeit full and plenary, cannot preclude the September 7, 1946) appointing power from refusing appointment to anyone deemed to be of bad character, a poor moral risk, or who is unsuitable by reason of The right to the benefits of amnesty, once established by the evidence the pardoned conviction. [Monsanto v. Factoran] presented either by the complainant or prosecution, or by the defense, cannot be waived, because it is of public interest that a person who is A pardon reaches both the punishment prescribed for the offense and regarded by the Amnesty Proclamation which has the force of a law, not the guilt of the offender; and when the pardon is full, it releases the only as innocent, for he stands in the eyes of the law as if he had never punishment and blots out of existence the guilt, so that in the eye of the committed any punishable offense because of the amnesty, but as a law the offender is as innocent as if he had never committed the patriot or hero, cannot be punishment as a criminal. offense. If granted before conviction, it prevents any of the penalties Just as the courts of justice cannot convict a person who, and disabilities, consequent upon conviction, from attaching; if according to the evidence, has committed an act not granted after conviction, it removes the penalties and disabilities and punishable by law, although he confesses being guilty thereof, restores him to all his civil rights; it makes him, as it were, a new man, so also and a fortiori they cannot convict a person considered and gives him a new credit and capacity. [Monsanto v. Factoran] by law not a criminal, but as a patriot and hero, for having rendered invaluable services to the nation inn committing such "To say, however, that the offender is a "new man", and "as innocent as an act. if he had never committed the offense;" is to ignore the difference Where a defendant to admit or confess having committed the between the crime and the criminal. A person adjudged guilty of an offense or being responsible therefor before he can invoke the offense is a convicted criminal, though pardoned; he may be deserving benefit of amnesty, as there is no law which makes such of punishment, though left unpunished; and the law may regard him as admission or confession not admissible as evidence against more dangerous to society than one never found guilty of crime, though him in the courts of justices in case the Amnesty Commission it places no restraints upon him following his conviction." finds that the offense does not come within the terms of the Amnesty Proclamation, nobody or few would take the risk of The very essence of a pardon is forgiveness or remission of guilt. submitting their case to said Commission. Pardon implies guilt. It does not erase the fact of the commission of the crime and e) EFFECT OF PARDON the conviction thereof. It does not wash out the moral stain. The rationale is plainly evident Public offices are intended primarily for It involves forgiveness and not forgetfulness. the collective protection, safety and benefit of the common good. They A pardon looks to the future. It is not retrospective. cannot be compromised to favor private interests. To insist on It makes no amends for the past. Page 17 of 36 CONSTITUTIONAL LAW I Group II – Executive Department It affords no relief for what has been suffered by the offender. Section 2. Persons Disqualified. The following persons are It does not impose upon the government any obligation to make disqualified from amnesty under this Decree: reparation for what has been suffered. Pardons may relieve from the disability of fines and forfeitures a) Those who have promoted, maintained or headed a rebellion or attendant upon a conviction, but they cannot erase the stain of insurrection or who, while holding public office or employment took bad character, which has been definitely fixed. part therein, engaged in war against the forces of the Government, Pardon cannot mask the acts constituting the crime. destroyed property or committed serious violence, exacted Pardon granted after conviction frees the individual from all the contributions or diverted public funds from the lawful purpose for penalties and legal disabilities and restores him to all his civil which they had been appropriated; provided, that persons who rights. have been arrested and/or charged with having merely participated o Unless expressly grounded on the person's innocence or executed the commands of others in a rebellion may be granted (which is rare), it cannot bring back lost reputation for amnesty. honesty, integrity and fair dealing. This must be b) Those who have been arrested and/or charged with murder, constantly kept in mind lest we lose track of the true homicide, serious physical injuries, crimes against chastity, character and purpose of the privilege. robbery, piracy, arson, hijacking, violations of the Firearms and Pardon does not ipso facto restore a convicted felon to public Explosives Law, and assault upon and resistance and disobedience office necessarily relinquished or forfeited by reason of the to persons in authority and their agents, except if such crime or conviction although such pardon undoubtedly restores his offense was committed in furtherance of subversion or crimes eligibility for appointment to that office. against public order as a mere participant/affiliate/member. f) WHO MAY AVAIL OF AMNESTY Section 4. Conditions for the grant of amnesty. Any person applying for amnesty pursuant to this Decree must satisfy the following Section 1. Proclamation of Amnesty. Amnesty is hereby decreed in requirements: favor of all persons who have been arrested and/or charged, or although not arrested and/or charged may have committed acts which make a) If under arrest or charged as of the date of this decree, he must them liable for, violation of the provisions of Republic Act No. 1700, as submit his application not later than September 30, 1978 in the amended by Presidential Decree No. 885. and those who have been prescribed form hereto attached as Annex A; arrested for, and or charged or chargeable with crimes against public order as defined and penalized under Revised Penal Code, including If not under arrest, he must submit such application within six those crimes and offenses which may have been committed by said months after his arrest or surrender; persons in furtherance thereof. [Macaga-an v. People] Page 18 of 36 CONSTITUTIONAL LAW I Group II – Executive Department b) He must renew his oath of allegiance to the Republic of the thereof, and must promulgate its decision thereon within thirty days Philippines and swear or affirm to support and defend the from its filing. Constitution of the Philippines; and c) He must surrender whatever unlicensed firearms and/or explosives A state of martial law does not suspend the operation of the and ammunition he may have in his possession. Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on 6) MILITARY POWERS military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, The suspension of the privilege of the writ shall apply only to persons he may call out such armed forces to prevent or suppress lawless judicially charged for rebellion or offenses inherent in or directly violence, invasion or rebellion. In case of invasion or rebellion, when connected with invasion. 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 During the suspension of the privilege of the writ, any person thus Philippines or any part thereof under martial law. Within forty-eight arrested or detained shall be judicially charged within three days, hours from the proclamation of martial law or the suspension of the otherwise he shall be released. privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting COMMANDER-IN-CHIEF POWERS jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which 1) Call out all armed forces of the Philippines to prevent or suppress revocation shall not be set aside by the President. Upon the initiative of lawless violence, invasion, or rebellion the President, the Congress may, in the same manner, extend such 2) Suspend the privilege of the writ of habeas corpus proclamation or suspension for a period to be determined by the 3) Proclaim martial law over the entire Philippines or any part thereof Congress, if the invasion or rebellion shall persist and public safety requires it. Sec. 18, Art. VII grants the President, as Commander-in-Chief, a “sequence” of “graduated power[s].” From the most to the least The Congress, if not in session, shall, within twenty-four hours following benign, these are: (1) the calling out power, (2) the power to suspend such proclamation or suspension, convene in accordance with its rules the privilege of the writ of habeas corpus, and the (3) power to declare without need of a call. martial law. In the exercise of the latter two powers, the Constitution requires the concurrence of two conditions, namely, an actual invasion The Supreme Court may review, in an appropriate proceeding filed by or rebellion, and that public safety requires the exercise of such power. any citizen, the sufficiency of the factual basis of the proclamation of However, these conditions are not required in the exercise of the calling martial law or the suspension of the privilege of the writ or the extension out power. The only criterion is that ‘whenever it becomes necessary,’ Page 19 of 36 CONSTITUTIONAL LAW I Group II – Executive Department the President may call the armed forces ‘to prevent or suppress lawless [Lagman v. Medialdea, G.R. No. 231658/G.R. No. 231771/G.R. No. violence, invasion or rebellion.’ [Sanlakas v. Enrile, G.R. No. 159085 03 231774, 04 Jul 2017] Feb 2004] The President did not proclaim a national emergency, only a state of In case of invasion, insurrection or rebellion or imminent danger emergency in the three places mentioned. And she did not act pursuant thereof, the President has, under the Constitution, three (3) courses of to any law enacted by Congress that authorized her to exercise action open to him, namely: (a) to call out the armed forces; (b) to extraordinary powers. The calling out of the armed forces to prevent suspend the privilege of the writ of habeas corpus; and (c) to place the or suppress lawless violence in such places is a power that the Philippines or any part thereof under martial law. He had, already, Constitution directly vests in the President. She did not need a called out the armed forces, which measure, however, proved congressional authority to exercise the same. [Ampatuan v. Puno, G.R. inadequate to attain the desired result. Of the two (2) other No. 190259, 07 Jun 2011] alternatives, the suspension of the privilege is the least harsh. [Lansang v. Garcia, G.R. No. L-33964, 11 Dec 1971] It is true that for the purpose of exercising the calling out power the Constitution does not require the President to make a declaration of It must be stressed, however, that the graduation refers only to a state of rebellion. hierarchy based on scope and effect. It does not in any manner refer to a sequence, arrangement, or order which the Commander-in-Chief Nevertheless, it is equally true that Section 18, Article VII does not must follow. This so-called "graduation of powers" does not dictate expressly prohibit the President from declaring a state of rebellion. or restrict the manner by which the President decides which power Note that the Constitution vests the President not only with to choose. Commander-in-Chief powers but, first and foremost, with Executive powers. These extraordinary powers are conferred by the Constitution with the President as Commander-in-Chief; it therefore necessarily follows that The President, in declaring a state of rebellion and in calling out the the power and prerogative to determine whether the situation armed forces, was merely exercising a wedding of her Chief Executive warrants a mere exercise of the calling out power; or whether the and Commander-in-Chief powers. These are purely executive situation demands suspension of the privilege of the writ of habeas powers, vested on the President by Sections 1 and 18, Article VII, as corpus; or whether it calls for the declaration of martial law, also lies, opposed to the delegated legislative powers contemplated by Section at least initially, with the President. 23 (2), Article VI. [Sanlakas v. Enrile, G.R. No. 159085m 03 Feb 2004] It is thus beyond doubt that the power of judicial review does not The Court rules that PP 1017 is CONSTITUTIONAL insofar as it extend to calibrating the President's decision pertaining to which constitutes a call by President Gloria Macapagal-Arroyo on the AFP to extraordinary power to avail given a set of facts or conditions. prevent or suppress lawless violence. However, the provisions of PP 1017 commanding the AFP to enforce laws not related to lawless Page 20 of 36 CONSTITUTIONAL LAW I Group II – Executive Department violence, as well as decrees promulgated by the President, are Section 1(2), Art. VIII. Judicial power includes the duty of the courts of declared UNCONSTITUTIONAL. In addition, the provision in PP 1017 justice to settle actual controversies involving rights which are legally declaring national emergency under Section 17, Article VII of the demandable and enforceable, and to determine whether or not there Constitution is CONSTITUTIONAL, but such declaration does not has been a grave abuse of discretion amounting to lack or excess of authorize the President to take over privately-owned public utility or jurisdiction on the part of any branch or instrumentality of the business affected with public interest without prior legislation. [David Government. v. Arroyo, G.R. No. 171396, 03 May 2006] While it is true that the Court may inquire into the factual bases for the For a person to be judicially charged for rebellion, there must President’s exercise of the calling out power, it would generally defer to necessarily be a statute defining rebellion. There is no statute defining her judgment on the matter. It is clearly to the President that the rebellion other than the Revised Penal Code. Hence, "one can be Constitution entrusts the determination of the need for calling out the ‘judicially charged’ with rebellion only if one is suspected of having armed forces to prevent and suppress lawless violence. Unless it is committed acts defined as rebellion in Article 134 of the Revised shown that such determination was attended by grave abuse of Penal Code." discretion, the Court will accord respect to the President’s judgment. [Ampatuan v. Puno, G.R. No. 190259, 07 Jun 2011] The Revised Penal Code definition of rebellion is the only legal definition of rebellion known and understood by the Filipino people The power to call is fully discretionary to the President; the only when they ratified the 1987 Constitution. Indisputably, the Filipino limitations being that he acts within permissible constitutional people recognize and are familiar with only one meaning of rebellion, boundaries or in a manner not constituting grave abuse of that is, the definition provided in Article 134 of the Revised Penal Code. discretion. In fact, "the actual use to which the President puts the [Fortun, et. al. v. Gloria Macapagal-Arroyo, G.R. No. 190293, 20 Mar armed forces is x x x not subject to judicial review. 2012] In determining the existence of rebellion, the President only needs to As the initial and preliminary step towards suppressing and preventing convince himself that there is probable cause or evidence showing the armed hostilities in Mindanao, the President decided to use his that more likely than not a rebellion was committed or is being calling out power first. Unfortunately, the situation did not improve; on committed. To require him to satisfy a higher standard of proof would the contrary, it only worsened. Thus, exercising his sole and exclusive restrict the exercise of his emergency powers. [Lagman v. Medialdea, prerogative, the President decided to impose martial law and suspend G.R. No. 231658/G.R. No. 231771/G.R. No. 231774, 04 Jul 2017] the privilege of the writ of habeas corpus on the belief that the armed hostilities in Mindanao already amount to actual rebellion and public 7) EMERGENCY POWERS safety requires it. [Lagman v. Medialdea, G.R. No. 23165