Article VII 17-23

Question 1

Ad interim appointments are also known as

Answer 1

temporary appointments

Question 2

T/F. Collary power of the President is to remove appointments. However, members of the SC, members of the Constitutional Commissions, members of the Ombudsman, they can NOT be removed. The only way to remove them is through impeachments. Unless expiration of term.

Answer 2

True.

Question 3

Two kinds of controlling powers mentioned in Section 17

Answer 3

1. So-called control power.
2. So-called take-care-clause power.

Question 4

Control over executive departments, bureaus, and offices. Power of the president to modify, affirm, nullify or set aside what has been done by the subordinate. The subordinate to perform what the P wants him to do.

Answer 4

So-called control power.

Question 5

Suppose that the president has doubts on the constitutionality of such laws, would he have the discretion NOT to execute those laws?

Answer 5

NO. It is not for the president to finally determine whether such law is unconstitutional. Determined only by the judiciary

Question 6

The different heads of the executive department are the alter egos of the President. Whatever what has been done by the alter ego, the acts of this alter ego performed in the regular course of business, considered to be acts of the President himself, unless otherwise he disapproves or changes what the subordinate has done.

Answer 6

Doctrine of qualified political agencies

Question 7

T/F. There is no absolute executive control over all of these alter egos or heads of bureaus and other offices.

Answer 7

True. The decision of the department heads, if there is a special procedure provided by law, if it does not need to go to the office of the President, that law should be complied with.

Question 8

T/F. The P is the commander in chief of all AFP

Answer 8

True. See Section 18 or the military powers of the president

Question 9

T/F. The P may call out the AFP for any purpose.

Answer 9

False. Only o prevent or suppress lawless violence, invasion, or rebellion

Question 10

Two things P can do during an invasion or rebellion

Answer 10

1. Declare Martial law
2. Suspend the privilege of the writ of habeas corpus

Question 11

T/F. Martial Law has a national effect

Answer 11

False. Effective throughout or a specific part of the PH

Question 12

Two grounds for declaring martial law or suspension of the privilege of the writ of habeas corpus

Answer 12

1. Invasion,when public safety requires it
2. Rebellion, when public safety requires it

Question 13

Max period of martial law or suspension?

Answer 13

Sixty days. Reaction to 1973 Constitution

Question 14

T/F. Within 24 hours of the enactment of martial law or suspension of the privilege writ of habeas corpus, he must inform Congress about the report he made.

Answer 14

False. 48 hours

Question 15

Two means to present report regarding martial law or suspension

Answer 15

1. Personally appear
2. In writing

Question 16

Why does he have to inform congress?

Answer 16

Because the congress can, voting jointly of a majority of all members in regular or special session, MAY REVOKE the proclamation. Absolute majority.

Question 17

If the Congress is not in session, does it waive the right to proclaim martial law as invalid

Answer 17

No. If Congress is NOT in session, it MUST convene within 24 hours.

Question 18

Can the P appeal the revocation?

Answer 18

If Congress revokes, that revocation can NOT be set aside by the President. President cannot disapprove such.

Question 19

Can the Congress extend martial law ON ITS OWN INITIATIVE?

Answer 19

NO. It must be initiated by the President.

Question 20

T/F. Technically, request for extensions are unlimited

Answer 20

True. So long as the two requisites/grounds are met. I.e., invasion as public safety requires, rebellion as public safety requires

Question 21

T/F. The Congress is given authority by the Constitution to act on any petition questioning the sufficiency of the factual basis of the proclamation of martial law, suspension of writ, or extension thereof.

Answer 21

False. SC. On Sufficiency and factual basis.

Question 22

Can any citizen file?

Answer 22

Yes.

Question 23

Article VIII has a provisions as to the period within which the different Courts have to render their decision vis a vis case against validity of Marial law

Answer 23

True. Within 30 days from filing. Urgency of the subject matter. ASAP

Question 24

T/F. A state of martial law does NOT suspend the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorise the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

Answer 24

True

Question 25

T/F. The suspension of the privilege shall only to persons judicially charged for rebellion or in offences inherent or directly connected with the invasion

Answer 25

True

Question 26

Is there a crime of rebellion?

Answer 26

Yes. It is defined in RPC.

Question 27

Is there a crime of invasion?

Answer 27

NONE. E.g., Inherently connected… murder, physical injuries, arson, espionage.

Question 28

What is the writ in question?

Answer 28

An Order directly person detaining another commanding that the person detained or imprisoned be presented to the Court on a given day. Show the cause of confinement.

Question 29

Once the writ has been received by the person to whom the writ is directed, that person has to do the following four things:

Answer 29

1. Return to the writ, that is, a response to the writ.
2. If the return shows that the subject of the writ was arrested due to the allegations that he has committed rebellion or acts inherent or directly connected to the invasion, the grounds of the writ is in a place where he allegedly committed either of those offences.
3. If the above is the case, the Supreme Court will no longer need any more hearings. This is the suspension.
4. If the suspension is NOT in place, there will be proceedings regarding the continued detention of the person. See if it is lawful, if it has legal ground.

Question 30

T/F. Even when there is suspension of the privilege of the writ, when a petition is filed, then the Court will as a matter of course still issue the writ EVEN if there is suspension

Answer 30

True.

Question 31

Four non-effects of Martial Law

Answer 31

1. Does not suspend the operation of the Constitution
2. Not civil courts or legislative assemblies
3. Not authorise jurisdiction of military courts where civil courts are able to function
4. Not automatically suspend the privilege of the writ

Question 32

Two kinds of pardon

Answer 32

absolute and conditional

Question 33

T/F. Pardon can remove the civil fines that are awarded to the victim of the crime. Not a loss on the part of the state but a loss on the part of the victim.

Answer 33

False. Cannot.

Question 34

T/F. When there is absolute pardon, it is not only the liberty or freedom from confinement is granted, but also the restoration of his civil and political rights

Answer 34

True

Question 35

Four differences between pardon and parole?

Answer 35

1. When the P grants parole to a convicted felon, he will be released from prison but will continue to be in the custody of the law
2. When the P grants pardon to a convicted felon, complete restoration of civil and political rights.
3. When the P grants absolute pardon, the convicted felon does not have the choice to
4. When the P grants conditional pardon, the convict felon CAN accept or reject, granted if he thinks that the conditions of the pardon are harder than serving sentence

Question 36

How is pardon different from probation?

Answer 36

Pardon is an executive act, a probation is a judicial act

Question 37

Limitations of pardon

Answer 37

1. Not cases in impeachment. Sui generis. Not criminal
2. Only for those guilty by final judgment
3. Convicted against election violations with favorable recommendations by the COMELEC

Question 38

Five differences between pardon and amnesty?

Answer 38

1. Pardon is not subject to legislature. Purely an executive act. Amensty is made with concurrence of the legislature. A majority of the members of ALL of the Congress.
2. Amnesty is granted to those so called political offenders. Acts in violation of the sovereignty of the country. Pardon is granted to those who committed crimes against persons and property
3. Amnesty looks backward– it will obliterate, delete whatever was committed. Pardon looks forward– remove consequence of the crime or offense that has been committed.
4. Amnesty applies to classes or groups of individuals. Pardon applies only to specific individual.
5. Pardon is not of judicial notice. Amnesty is of judicial notice– meaning to say that it is presumed that the Court knows it. No need to show any evidence proving amnesty.

Question 39

Borrowing power of the president.

Answer 39

See Section 20:
1. Subject to the concurrence monetary board
2. And such limitations as may be provided by law

Question 40

T/F. Executive agreements, if the president enters into executive agreements, it does not need concurrence with the Senate.

Answer 40

True. See Section 21

Question 41

T/F. However, The P cannot enter an executive agreement that will set aside a law.

Answer 41

True. See Section 21.

Question 42

T/F. The sole diplomatic figure is the Secretary of Foreign affairs.

Answer 42

False. It is the P