EXECUTIVE DEPARTMENT- ART. 7

- Vested in the president of the Philippines (Sec.1)

QUALIFICATIONS (Sec. 2)

-Natural born citizen of the Philippines

-A registered voter

-Able to read and write

-At least 40 years of age at the day of the election

-A resident of the Philippines for not less than 10 years

Such qualification is exclusive and cannot be reduced by the congress.

- The congress shall have no power to inquire into or decide questions of alleged irregularities in the conduct of elections. They have no other duty, but to canvass the election returns and proclaim as elected, the person receiving the highest number of votes.

TERM: 6 years (Same as VP)

Term of office- Length of time the election period covers

Tenure of office- Length of time the official actually holds office

2 views of presidential succession

1. (Sec 7) vacancies occurring before the president’s term President-elect fails to qualify = Vice president-elect shall act as president until a

President qualifies No president was chosen = Vice president-elect shall act as president until a President Is

chosen Dead/disabled president = Vice president-elect shall become the president

2. (Sec. 8) Vacancies occurring afterwards Death, permanent disability, removal and resignation from office of the Pres. = Vice

President shall become president Death, Permanent disability, removal and resignation from office of P & VP = Senate

president In case of inability of senate president = Speaker of the House of Representatives

- “The fact that the president takes an oath to preserve & protect the constitution does not authorize him to exceed his own powers under the constitution on the pretext of protecting and preserving it”. Thus, the Oath of office (Sec. 5) is not a source of substantive power but is merely intended to deepen the sense of responsibility of the President and ensure a more conscientious discharge of his office.

- Presidential immunity from civil damages covers only official acts.

POWERS OF THE PRESIDENT VESTED IN THE CONSTITUTION:

1. Appointing power [Sec. 16] - Selection of an individual who is to exercise the function of a given office.-May be made verbally, or in writing (The commission)Permanent appointments- Extended to persons possessing eligibility, thus protected by the constitution.Temporary appointments- revocable at will and without the necessity of just cause. Subject to the confirmation of the commission on appointments.*******6 categories of officials subject to the appointing power of the President:1. Heads of the executive department2. Ambassadors3. Officers of AFP4. Officers appointed by the constitution5. Officers of the government6. Those authorized by law to be appointed

2. Removal power- impliedly derived from the power of appointment, but not ALL officials appointed by him can be removed by him since the constitution prescribes certain methods for some officers.

Sec. 17- The president shall have control of all the executive departments….

Control- The power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgement of the former for that of the latter.// the power of an officer to see that subordinate officers perform their duties.

The “Take-care clause”- The power to take care that the laws be faithfully executed, but it is not for him to determine the validity of a law since this is a question exclusively addressed to the judiciary. Hence, until and unless a law is declared unconstitutional, he has the duty to execute it regardless of his doubts on its validity.

3. Military power- The president is the commander in chief of all the armed forces to lessen the danger of military take-over.It enables the president to:a. Command all armed forces of the Philippines- The president is given vast powers in the

making and carrying out of military decisions because he has “the power of the sword” which should be wielded.

b. Suspend the privilege of the writ of habeas corpus (Writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place)- Limited and may be revoked by the congress an Supreme Court. Suspends NOT the writ itself, but just the privilege. Which means that the writ will still be issued but if it shows that the person in custody was apprehended for crimes where the privilege be suspended, the court will suspend further proceedings in the action.

c. Declare martial law (Refers to that law which has application when the military arms does not supersede civil authority but is called upon to aid it in the execution of its civil function)

4. Pardoning power [Sec. 19] Executive clemency (Pardoning after conviction by final judgement) – Granted for the purpose of relieving the harshness of the law and correcting mistakes in the administration of justice. It is discretionary thus cannot be controlled by legislation.*Pardon- An act of grace which exempts an individual, on whom it is bestowed punishment, for an act he has committed*Commutation- reduction or mitigation of the penalty*Reprieve- Postponement of sentence to a date certain, or a stay of execution, may be enabled to secure additional evidence to ascertain the guilt of the convict.KINDS OF PARDON

a.1 Absolute- without any strings attachedb.1 Conditional- Convict is required to comply with certain requirementsa.2 Plenary- Extinguishes all penaltiesb.2 Partial- does not extinguish all penalties.

Effect of pardon: Restores the offender’s liberty, civil and political rights

- Parole releases the convict from imprisonment but does not restore his liberty. He is still in the custody of the law, though without confinement.

- Amnesty can be granted by the president only with the concurrence of the congress. Amnesty requires previous admittance of guilt since a person would not need the benefit of amnesty unless he was guilty to the offense covered by the proclamation.

5. Borrowing power – Subject to limitations provided in Sec. 206. Diplomatic power- The president may deal with foreign states and governments and otherwise

transact business of foreign relations.7. Budgetary power- Subject to Sec. 228. Informing power- Sec. 23

JUDICIAL POWER

NB: memorize Sec. 1

Judicial power shall be vested not only to the Supreme Court but to all other courts below the Supreme Court (Municipal Circuit Trial Court, Municipal Trial Court, Metropolitan Trial Court, Regional Trial Court, Court of Appeals, Supreme Court; including Court of Tax Appeals, Sharia courts and Sandiganbayan for special courts)

(Sec. 2) Jurisdiction- authority by which the courts take cognizance of and decide cases, the legal right by which the judges exercise their authority (Jurisdiction over cases)

QUALIFICATIONS: SEC 7

1. FOR MEMBERS OF SUPREME COURT: a.) Natural Born citizen of the Philippines, b.) At least 40 years of age, c.) Must have been for 15 years or more, a judge of a lower court, or engaged in the practice of law in the Philippines.

2. FOR MEMBERS OF LOWER COURT: Congress shall give qualification, provided that he is a citizen of the Philippines and a member of the Philippine Bar.

3. ALL MEMBER OF THE JUDICIARY: must be a person of competence, integrity, probity, independence.

Judicial and Bar council (sec. 8) takes place of the commission on appointments in the manner of judicial appointments. Which shall consist of:

a. Chief Justiceb. Secretary of Justicec. Representative of Congressd. Representative of integrated bare. Representative of private sectorf. A professor of lawg. Retired member of the Supreme Court- Once appointed upon the nomination of the council, the judge does not need Confirmation by

the commission on appointments.- In appointing the Chief of Justice or judge of any collegiate courts, the president is not bound by

the seniority rule (Wherein the member who has served longest on a committee receives the chairmanship)

- Judges may not be appointed in temporary capacity as it would undermine the independence of the judiciary.

Composition of the Supreme Court (Sec. 4) shall be 15 members: A chief justice and 14 associate justices. Any vacancy should be filled within 90 days. The number of members may not be changed by any statutes.

Rationale: To enable the court to cope more effectively with its mounting backlog of cases. en banc (Before the entire bench) cases or those cases which should be heard by all the judges

of a court (Cases involving the unconstitutionality of treaties, international or executive agreement, or law.) shall be decided with the concurrence of the majority of the members who took part of its deliberation.

Division cases should be resolved with the concurrence of the majority of the members who took part of its deliberation. When the required number is not obtained, the case shall be decided en banc

REQUISITES OF A JUDICIAL INQUIRY: (To declare a statute unconstitutional)

1. There should be an actual controversy- must involve a conflict of law and must be substantial.2. Question must be raised by the proper party- The ones who sustained injury as result of the act.3. Question must be raised at the earliest possible opportunity- “If it’s not raised in the pleadings,

it will not be considered in the trial, if it is not raised in the trial, it will not be considered on the appeal”.

4. The decision of the question must be necessary for the determination of the case itself.- “As long as there is some other basis that can be used by the courts for its decision, the constitutionality of a law shall not be touched and the case will be decided on such other available grounds”

2 VIEW ON THE EFFECT OF DECLARATION OF UNCONSTITUTIONALITY:

1. Orthodox view- An unconstitutional act is, in legal contemplation, inoperative. As if it had not been passed.

2. Modern view- If the court finds a statute on conflict of the constitution, it simply refuses to recognize the rights of the parties and does not annul or repeal it.

Partial unconstitutionality will be valid only if:

1. The legislative is willing to retain the valid portion and declare the rest illegal2. The valid portion can stand as an independent statute

POWERS OF THE SUPREME COURT:

1. Exercise original Jurisdiction2. Review, revise, reverse, modify or affirm on appeal or certiorari as the Rules of court provides3. Make temporary assignment of judges4. Change venue or place of trial5. Promulgate rules concerning constitutional rights6. Appointment of court personnel

Intended to support the independence of judges, Sec. 11 guarantees them security of tenure until they reach retirement age of 70. Provided that they are of good behavior and still able to discharge the duties of their office.

Sec. 14 memorize

SEC.15:

- All cases must be decided within 24 months from date of submission for the Supreme Court, and 12 months for all lower collegiate courts, and 3 months for other lower courts

- Upon expiration of such period, a certification stating why a decision or resolution has not been rendered within the said period shall be issued, signed by the Chief of Justice or preceding Judge. Failure to decide within the maximum period shall not divest the court of jurisdiction.