Magnetoplasmonics

I. ELECTION

1. Regular – second Monday of May, every six years;

2. Special Requisites :

a. death, permanent disability, removal from office or resignation of both the President and the Vice President;

b. vacancies occur more than eighteen months before the next regular presidential election; c. a law passed by Congress calling

for a special election to elect a President and a Vice President to be held not earlier than 45 days nor later than 60 days from the time of such call.[Sec.10, Art.VII].

II. POWERS OF THE PRESIDENT

1. EXECUTIVE POWER – power to enforce and administer laws.

 President shall have control of all executive departments, bureaus and offices. He shall ensure that laws are faithfully executed. (Sec. 17, Art. VII)

 Until and unless a law is

declared unconstitutional,

President has a duty to execute it regardless of his doubts as to its validity (faithful execution clause) [Sec.1 and 17 Art. VII] 2. POWER OF APPOINTMENT

a. with the consent of the Commission on Appointments

(i) heads of executive

departments;

(ii) ambassadors and other public ministers and

consuls;

(iii) officers of the AFP from the rank of colonel or naval captain; and

(iv) other ministers whose appointments are vested in

him by the Constitution (Sarmiento v. Mison, GR No. 79974, December 17, 1987) b. prior recommendation or

nomination by the Judicial and Bar Council;

(i) Members of the Supreme Court and all lower courts (Sec.9, Art. VIII); and

(ii) Ombudsman and his 5 deputies.

c. requiring nominations by multi- sectoral groups;

(i) Regional consultative

commission (Sec. 18, Art. X); and

(ii) Party-list representatives, before the Party-List Law (Sec.7,Art. XVIII).

d. appointment of Vice-President as member of the Cabinet;

e. appointment solely by the President.

(i) those vested by the Constitution on the President alone;

(ii) those whose appointments are not otherwise provided for by law;

(iii) those whom he may be authorized by law to appoint; and

(iv) those other officers lower in rank who appointment is vested by law in the President alone.

Appointing Procedure for those that need CA Confirmation:

1. nomination by the President;

2. confirmation by the Commission on Appointments;

3. issuance of commission; and 4. acceptance by appointee.



Deemed complete upon acceptance (Lacson vs Romero, 84 Phil 740)

Limitations on Appointing Power:

1) appointments made by an

acting-President shall remain

effective unless revoked within 90 days from assumption of

office by elected President [Sec. 14, Art. VII]; and

2) President or acting-President shall not make appointments except temporary ones to executive positions 2 months immediately before next Presidential elections and up to the end of his term. Only when continued vacancy will prejudice public service or endanger public safety [Sec. 15, Art. VII].

3) The spouse and relatives by consanguinity or affinity within the 4th _{civil degree of the} President shall not, during his tenure be appointed as:

a. members of the

Constitutional Commissions; b. member of the Office of the

Ombudsman; c. Secretaries; d. Undersecretaries; e. Chairman or heads of

bureaus or offices, including GOCC and their subsidiaries. [Sec.13,par. 2, Art. VII] 4. The President shall have the power

to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the CA or until the next adjournment of the Congress. [Sec. 16 par.2, Art. VII] 3. POWER OF REMOVAL

General rule: this power is implied

from the power to appoint.

Exception: those appointed by him

where the Constitution prescribes certain methods for separation from public service.(e.g. impeachment) 4. POWER OF CONTROL

Control – power of an office to:  Alter,

 Modify,

 Nullify, or

 Set aside

what a substitute had done in the performance of his duties and to substitute his judgment to

that of the former (Mondano v.

Silvosa, 97 Phil, 143).



Doctrine of Qualified Political Agency or Alter Ego Principle – acts

of the Secretaries of Executive departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive, are presumptively the acts of the Chief Executive (Villena v. Secretary

of the Interior, 67 Phil 451).

5. MILITARY POWERS (SEC. 18, ART. VIII)

a. Commander-in –Chief clause

 To call out the Armed Force to prevent or suppress lawless violence, invasion or rebellion;

 organize courts martial and create military commissions. b. Suspension of the Privilege of

Writ of Habeas Corpus and Declaration of Martial Law (i.) Grounds: invasion or

rebellion, when public safety requires it.

(ii.) Duration: not more than 60 days, following which it shall be lifted, unless extended by Congress.

(iii.) Duty of the President to report to Congress: within 48

hours personally or in writing.

(iv.)Authority of Congress to

revoke or extend the effectivity of proclamation:

by majority vote of all of its members voting jointly. (v.) Authority of the Supreme

Court: to inquire into the

sufficiency of the factual basis for such action, at the instance of any citizen.

Decision must be

promulgated 30 days within its filing.

(vi.) Proclamation does not affect the right to bail. (vii.) Suspension applies only

rebellion or offenses inherent in or directly connected with invasion. (viii.) Person arrested must be

charged within 3 days; if not, must be released. (ix.) Proclamation does not

supersede civilian authority.

Effects of Proclamation of Martial Law

1. The President can: a. Legislate;

b. order the arrest of people who obstruct the war effort.

2. The following cannot be done: a. suspend the operation of the

Constitution.

b. Supplant the functioning of the civil courts and the legislative assemblies;

c. Confer jurisdiction upon military courts and agencies over civilians, where civil courts are able to function.

Open Court Doctrine – civilians

cannot be tried by military courts if the civil courts are open and functioning.

d. Automatically suspend the privilege of the writ of habeas corpus.[Sec.18, par(4), Art.VII].

Four ways for the proclamation or suspension to be lifted:

1. lifting by the President himself; 2. revocation by Congress;

3. nullification by the Supreme Court; 4. operation of law after 60 days. 6. PARDONING POWER

(SEC. 19, ART. VII)

 discretionary, may not be controlled by the legislature or reversed by the court, unless there is a constitutional violation.

Limitations:

1. cannot be granted in cases of impeachment;

2. cannot be granted in violations of election laws without favorable recommendations of the COMELEC;

3. can be granted only after convictions by final judgment (except amnesty);

4. cannot be granted in cases of legislative contempt or civil contempt;

5. cannot absolve convict of civil liability; and

6. cannot restore public offices forfeited.

Pardon – act of grace which exempts

individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed.

Pardon Classified:

1. Plenary or partial; and 2. Absolute or conditional.

Commutation – reduction or mitigation of the penalty.

Reprieve – postponement of sentence or

stay of execution.

Parole – release from imprisonment, but

without full restoration of liberty, as parolee is in the custody of the law although not in confinement.

Amnesty – act of grace, concurred in by

the Legislature, usually extended to groups of persons who committed political offenses, which puts into oblivion the offense itself.

AMNESTY PARDON

1. Political

offenses 1. Infraction ofpeace/ common crimes 2. Classes of persons 2. individuals 3. Requires concurrence of Congress

3.

does not require concurrence of Congress 4. Public act to

which court may take judicial

4. Private act which must be pleaded and proved

notice of 5. Looks backward and puts to oblivion the offense itself 5. Looks forward and relieves the pardonee of the consequence of the offense. 6. May be granted

even before trial 6. Can be granted only after conviction.

7. BORROWING POWER (SEC. 20, ART.

VII)

 the President may contract or guarantee foreign loans on behalf of the Republic with the

concurrence of the Monetary Board, subject to such

limitations as may be provided by law.

 Monetary Board shall submit to Congress report on loans within 30 days from end of every quarter.

8. DIPLOMATIC POWER (SEC. 21, ART.

VII)

 No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of Senate.

9. BUDGETARY POWER (SEC. 22, ART.

VII)

 within 30 days from opening of every regular session, President shall submit to Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. 10. INFORMING POWER (SEC. 23, ART.

VI)

 President shall address Congress at the opening of its regular session. President may also appear before it at any other time.

11. RESIDUAL POWER



Whatever is not judicial, whatever is not legislative, is residual power exercised by the President (Marcos v. Manglapus, 178 SCRA 760)

12. OTHER POWERS

a. call Congress to a special session [Sec. 15, Art. VI];

b. approve or veto bills [Sec. 27, Art. VI];

c. deport aliens (Qua Chee Gan v.

The Deportation Board, G.R. No.

L-10280. September 30, 1963); d. consent to deputization of

government personnel by COMELEC [Sec.2 (4), Art. IX-C]; e. to discipline such deputies [Sec.

2 (8), Art. IX-C];

f. general supervision over local

government units and

autonomous regional

governments (Art. X);

general supervision – mere

overseeing of a subordinate to make sure that they do their duties under the law but does not include the power to overrule their acts, if these acts are within their discretion. g. immunity from suit during his

tenure

- deemed implied in the Constitution (Bernas, The 1987 Constitution, A Commentary 2003 Ed., p 803)

- the immunity does not however extend to non- official acts or for wrong doing (Estrada vs. Desierto, G. R. Nos. 146710-15, March 2, 2001)

h. by delegation from Congress, exercise emergency [Sec. 23 (2), Art. VI] and tariff powers [Sec. 28 (2), Art. VI].

Conditions for the Exercise of the President of Emergency Powers:

1. there must be a war or national emergency;

2. there must be a law authorizing President to exercise emergency powers;

3. exercise must be for a limited period;

4. must be subject to restrictions that Congress may provide; and

5. exercise must be necessary and proper to carry out a declared national policy [Sec.23 (2), Art.VI].

Article VIII:

In document UNIVERSIDAD COMPLUTENSE DE MADRID (página 31-36)