1. La naturaleza más allá de taxis y nomos
1.1. La naturaleza desde la duración: el ejercicio espiritual
Scope:
1. Executive power is vested in the President of the Philippines.
2. Such is not limited to those set forth in the constitution. The SC, in Marcos v.
Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others not set forth in the Constitution. EXAMPLE: The President is immune from suit and criminal prosecution while he is in office.
3. Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit.
4. BUT The President CANNOT dispose of state property unless authorized by law.
Pimentel, Jr. v. Ermita* (472 SCRA 587) (October 13, 2005)
Ratio:
“The power to appoint is essentially executive in nature, and the legislative may not interfere with the exercise of this executive power except in those instances when the Constitution expressly allows it to interfere.”
Sec. 2 Qualifications
President Vice President At least 40 years old on the day of election
Natural- born citizen of the Philippines Able to read and write
Registered voter
Resident of the Philippines for at least 10 years immediately preceding the election
Term of 6 yrs.
Unless otherwise provided by law, term of office commence at noon of June 30 next following the
lection Single term only; not
eligible for any reelection Any person who has
succeeded as President, and served as such for more than 4 years shall NOT be qualified for election to
the same office at any time.
Term limitation: 2 successive terms.
Sec. 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1. The President and Vice-President shall be elected by direct vote of the people.
2. Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall be forwarded to Congress, directed to the Senate President.
3. Not later than 30 days after the day of the election, the certificates shall be opened in
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the presence of both houses of Congress, assembled in joint public session.
4. The Congress, after determining the authenticity and due execution of the certificates, shall canvass the votes.
5. The person receiving the highest number of votes shall be proclaimed elected.
6. In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of both Houses, voting separately. In case this results in a deadlock, the Senate President shall be the acting President until the deadlock is broken.
7. The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns, and qualifications of the President or Vice-President and may promulgate its rules for the purpose
Sec. 6. SALARIES AND EMOLUMENTS 1. Official salaries are determined by law.
2. Salaries cannot be decreased during the TENURE of the President and the Vice-President.
3. Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved.
4. Prohibited from receiving any other emolument from the government or any other source during their TENURE
Sections 7-12. PRESIDENTIAL SUCCESSION
1. Vacancies at the beginning of the term
VACANCY SUCCESSOR
President-elect fails to qualify or to be chosen
VP-elect will be Acting President until someone is qualified/chosen as President.
1) Senate President or 2) In case of his
inability, the Speaker of the House shall act as President until a President or a VP shall have been
disabled. chosen and qualified.
In case of death or
2. Vacancies after the office is initially filled:
VACANCY SUCCESSOR
becomes President for the unexpired term.
3. Vacancy in office of Vice-President during the term for which he was elected:
a) President will nominate new VP from any member of either House of Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses, voting separately.
(Nominee forfeits seat in Congress)
4. Election of President and Vice-President after shall enact a law calling for a special election to elect a President and a VP. The special election cannot be postponed.
c) The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law.
d) The 3 readings for the special law need not be held on separate days.
e) The law shall be deemed enacted upon its approval on third reading.
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BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election.
5. TEMPORARY DISABILITY of the President: The temporary inability of the President to discharge his duties may be raised in either of two ways:
a) By the President himself, when he sends a written declaration to the Senate President and the Speaker of the House. In this case, the Vice-President will be Acting President until the President transmits a written declaration to the contrary.
b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration.
i. The VP will immediately be Acting President.
ii. BUT: If the President transmits a written declaration that he is not disabled, he reassumes his position iii. If within 5 days after the President
re-assumes his position, the majority of the Cabinet retransmits their written declaration, Congress shall decide the issue. In this event, Congress shall reconvene within 48 hours if it is not in session, without need of a call.
iv. Within 10 days after Congress is required to assemble, or 12 days if Congress is not in session, a 2/3 majority of both Houses, voting separately, is needed to find the President temporarily disabled, in which case, the VP will be Acting President.
6. Presidential Illness:
a) If the President is seriously ill, the public must be informed thereof.
b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the President
Sec. 13. DISQUALIFICATIONS
SUBJECT SOURCE OF
DISQUALIFICATION Sec. of Justice sits on Judicial and Bar Council); or the positions are
ex-officio and they do not receive any salary or other emoluments therefor (e.g. Sec.
of Finance is head of Monetary Board).
2) Practicing, directly or indirectly, any other profession during their tenure;
3) Participating in any business;
4) Being financially interested in any contract with, or in any franchise, or special privilege granted by the government or any subdivision, agency or instrumentality thereof, including GOCC's or their subsidiaries.
N.B. The rule on disqualifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. IX-B, Sec. 7.
Spouses and 4th degree relatives of the President (consanguinity or affinity)
Cannot be appointed during President’s tenure as:
4) Department under-secretaries;
5) Chairman or heads of
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bureaus or offices including GOCC’s and their subsidiaries.
N.B.
1) If the spouse, etc., was already in any of the above offices at the time before his/her
spouse became
President, he/she may continue in office.
What is prohibited is appointment and reappointment, NOT continuation in office.
2) Spouses, etc., can be appointed to the judiciary and as ambassadors and consuls.
Sections 14-16. POWER TO APPOINT Principles:
Power to appoint is executive in nature. While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices, the determination of who among those who are qualified will be appointed is the President’s prerogative.
Scope:
The President shall appoint the following:
1. Heads of executive departments (CA confirmation needed):
2. Ambassadors, other public ministers, and consuls (CA confirmation needed).
3. Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
4. Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such as:
a. Chairmen and members of the COMELEC, COA and CSC.
b. Regular members of the Judicial and Bar Council.
c. The Ombudsman and his deputies;
d. Sectoral representatives in Congress.
N.B. President also appoints members of the Supreme Court and judges of the lower courts, but these appointments do not need CA confirmation.
5. All other officers whose appointments are not otherwise provided for by law; and those whom he may be authorized by law to appoint.
a. This includes the Chairman and members of the Commission on Human Rights, whose appointments are provided for by law NOT by the Constitution.
b. Congress may, by law, vest the appointment of other officers lower in rank in the President alone or in the courts, or in the heads of departments, agencies, boards or commissions.
c. BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e.g.
NLRC Commissioners, Bangko Sentral Governor).
d. ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jurisdiction. The President cannot extend the scope of the CA’s power as provided for in the Constitution.
Procedure:
1. CA confirmation needed:
a) Nomination by President b) Confirmation by CA
c) Appointment by President; and d) Acceptance by appointee.
NOTE: At any time before all four steps have been complied with, the President can withdraw the nomination/appointment.
2. No CA confirmation:
a) Appointment; and b) Acceptance.
NOTE: Once appointee accepts, President can no longer withdraw the appointment.
Ad-interim appointments:
1. When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation.
2. These appointments are effective immediately, but are only effective until they are disapproved by the CA or until the next adjournment of Congress.
3. Appointments to fill an office in an ‘acting’
capacity are NOT ad-interim in nature and need no CA approval.
Appointments by an Acting President:
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These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re-assumption of office.
Limitation
1. 2 months immediately before the next Presidential elections, and up to the end of his term, the President or Acting President SHALL NOT make appointments. This is to prevent the practice of ‘midnight appointments.”
2. EXCEPTION:
a) Can make TEMPORARY
APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger public safety.
Sec. 17. Power of Control and Supervision
POWER OF CONTROL:
The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate.
The President’s power over government-owned corporations comes not from the Constitution but from statute. Hence, it may be taken away by statute.
Qualified Political Agency:
Generally the acts of these department heads, etc, which are performed and promulgated in the regular course of business, are presumptively the acts of the President.
Exception:
a. If the acts are disapproved or reprobated by the President.
b. If the President is required to act in person by law or by the Constitution Example: The power to grant pardons must be exercised personally by the President
NOTE: Under Administrative Law, decisions of Department Secretaries need not be appealed to the President in order to comply with the requirement of exhaustion of administrative remedies.
Disciplinary Powers:
The power of the President to discipline officers flows from the power to appoint the officer, and NOT from the power to control.
BUT While the President may remove from office those who are not entitled to security of tenure, or those officers with no set terms, such as Department Heads, the officers, and employees entitled to security of tenure cannot be summarily removed from office.
Power of Supervision:
This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.
The power of the president over local government units is only of general supervision. Thus, he can only interfere with the actions of their executive heads if these are contrary to law.
The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.
The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision.
Sec. 18. COMMANDER-IN-CHIEF POWERS
Scope:
Being the Commander-in-Chief of the Armed Forces, whenever necessary, the President may call out the AFP
1. to PREVENT or SUPPRESS:
a. Lawless violence;
b. Invasion; or c. Rebellion.
2. May also:
a. Suspend the privilege of the writ of habeas corpus; and
b. Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds a. Invasion or b. Rebellion; and
c. Public safety requires it.
2. The invasion or rebellion must be ACTUAL and not merely imminent.
3. Limitations:
a. Suspension or proclamation is effective for only 60 days.
b. Within 48 hours from the declaration or suspension, the President must submit a report to Congress.
c. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set aside the revocation.
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d. In the same manner, at the President’s initiative, Congress can extend the same for a period determined by Congress if:
4. Invasion or rebellion persist and 5. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.
e. Supreme Court review:
i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.
f. Martial Law does NOT:
i. Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are able to function and
iv. Automatically suspend the privilege of the writ of habeas corpus.
g. Suspension of privilege of the writ of habeas corpus:
i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3 days. Otherwise he should be released.
NOTE: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial review, the actual use by the President of the armed forces is not. Thus, troop deployments in times of war are subject to the President’s judgment and discretion.
Declaration of State of Rebellion IBP v. Zamora, G.R. 141284
The factual necessity of calling out the armed forces is something that is for the President to decide, but the Court may look into the factual basis of the declaration to determine if it was done with grave abuse of discretion amounting to lack of jurisdiction.
David v. Macapagal-Arroyo* G.R. No.
171396, May 3, 2006
Facts:
President Arroyo issued Presidential Proclamation No. 1017 declaring a state of national emergency, stating that the proximate cause behind the executive issuances was the conspiracy among members of the political opposition in a plot to unseat or assassinate President Arroyo.
By virtue of PP1017, political rallies were cancelled, rallyists were violently dispersed, and warrantless arrests and take-over of facilities, including media, were implemented.
On March 3, 2006, PGMA issued PP1021 declaring that the state of national emergency has ceased to exist.
Issues:
A. PROCEDURAL
1. W/N the issuance of PP 1021 renders the petitions moot and academic
2. W/N the petitioners in 171485 (Escudero, et.al), 171400 (Alternative Law Groups, Inc.), 171483 (Kilusang Mayo Uno, et al.), 171489 (Cadiz, et.al.), and 171424 (Legarda) have legal standing.
B. SUBSTANTIVE
1. W/N the SC can review the factual bases of PP 1017
2. W/N PP 1017 and G.O. 5 are unconstitutional
a. Facial Challenge b. Constitutional Basis c. As Applied Challenge Held:
A. Procedural
1. PGMA’s issuance of PP 1021 did not render the present petitions moot and academic.
Courts will decide cases, otherwise moot and academic, if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest is involved; third, when constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and fourth, the case is capable of repetition yet evading review.
2. All petitioners have locus standi. Even if the plaintiff who asserts a “public right”, fails to prove that he has a “personal and substantial interest in the case such that he has sustained, or will sustain direct injury as a result”, the requirement of locus standi may
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be waived by the Court in the exercise of its discretion, under the principle of
“transcendental importance”, provided the following requirements are met:
a. the cases involve constitutional issues
b. for taxpayers, there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional;
c. for voters, there must be a showing of obvious interest in the validity of the election law in question;
d. for concerned citizens, there must be a showing that the issues raised are of transcendental importance which must be settled early;
e. for legislators, there must be a claim that the official action complained of infringes upon their prerogatives as legislators
3. it is not proper to implead PGMA as a respondent. Settled is the doctrine that the President, during his tenure of office or actual incumbency, may not be sued in any civil or criminal cases, and there is no need to provide for it in the Constitution or law.
A. SUBSTANTIVE
1. Review of Factual Bases
4. As to how the Court may inquire into the President’s exercise of power, in Lansang v.
Garcia, it adopted the test that “judicial inquiry can go no further than to satisfy the Court not that the President’s decision is correct but that the President did not act arbitrarily. Thus, the standard laid down is not correctness, but arbitrariness.
5. Hence, it is incumbent upon the petitioner to show that the President’s decision is totally bereft of factual basis of which they failed to show that PGMA’s exercise of the calling-out power, by issuing PP 1017, is totally bereft of factual basis.
B. Substantive
The Petitions are partly granted.
1. The Court rules that PP 1017 is CONSTITUTIONAL insofar as it constitutes a call by President Gloria Macapagal-Arroyo on the AFP to prevent or suppress lawless violence, which pertains to a spectrum of conduct, and not free speech, which is manifestly subject to state regulation.
2. However, the provisions of PP 1017 commanding the AFP to enforce laws not related to lawless violence, as well as decrees promulgated by the President, are declared UNCONSTITUTIONAL.
The assailed PP 1017 is unconstitutional insofar as it grants PGMA the authority to promulgate “decrees.”
Legislative power is peculiarly within the province of the Legislature. She can only order the military, under PP 1017, to enforce laws pertinent to its duty to suppress lawless violence.
3. In addition, the provision in PP 1017 declaring
3. In addition, the provision in PP 1017 declaring