1. Judicial Independence Recognizing the vital role that the Judiciary plays in our system of government as the sole repository of judicial power, with the power to determine whether any act of any branch or instrumentality of the government is attended with grave abuse of discretion, no less than the Constitution provides a number of…
1. Requisites Requisites for the exercise of the power of judicial review: 1) There must be an actual case or justiciable controversy before this Court; 2) The question before this Court must be ripe for adjudication; 3) The person challenging the act must be a proper party; and 4) The issue of constitutionality must be…
1. Duty of courts Judicial power. Judicial power – includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any…
1. President a. Vice-President 1) Issues with the election of the President a. President-elect fails to qualify. If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified. (Paragraph 2, Section 7, Article VII, 1987 Constitution) b. President shall not have been chosen. If a President shall not…
1. Principles on appropriation It is the President who proposes the budget but it is Congress that has the final say on matters of appropriations. For this purpose, appropriation involves two governing principles: Governing principles on appropriation: 1) A Principle of the Public Fisc, asserting that all monies received from whatever source by any part…
Preliminary President – as sole organ and authority in external relations. In our system of government, the President, being the head of state, is regarded as the sole organ and authority in external relations and is the country’s sole representative with foreign nations. As the chief architect of foreign policy, the President acts as the…
1. Executive clemency a. Forms and limitations General Rules: 1) The President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. (Section 19, Article VII, 1987 Constitution) 2) He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of…
1. Calling out powers President – power to call out the armed forces. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. (Section 18, Article VII, 1987 Constitution) Solely exercised…
1. Concept a. Emergency War and other national emergency – Congress allowed to grant President emergency powers. In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out…
1. Doctrine of qualified political agency Doctrine of qualified political agency. Under the doctrine of qualified political agency, department secretaries are alter egos or assistants of the President and their acts are presumed to be those of the latter unless disapproved or reprobated by him. (Manubay v. Garilao, G.R. No. 140717, 16 April 2009) Same;…