EXECUTIVE (MEMORIZe)

Question 1

The President shall have an official residence known as Presidential palace (Malacanang Palace)

Answer 1

Privileges (Sec. 6, Article VII)

Question 2

quorum?

Answer 2

any number sufficient to transact business (1/2 + 1 of the members of a body) majority of the body

Question 3

The Senate Electoral Tribunal

Answer 3

is a constitutional body created under Sections 17 and 19 of Article VI of the 1987 Philippine Constitution. It is mandated by the Constitution to decide on all contests pertaining to the election, returns and qualifications of the Members of Senate.

Question 4

Legislative power -

Answer 4

is the power of congress to make, alter, or repeal laws.

Question 5

Two Classes of Office

Answer 5

• Incompatible office
• Forbidden Office

Question 6

– Any kind of office or employment in the Government or any
subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporation or their subsidiaries during his tenure. -Any office or employment created while he was a member of the Congress, during his actual incumbency.

Answer 6

• Incompatible office

Question 7

• Any office created of which the emoluments have been increase
  while he was a member of the Congress

Answer 7

• Forbidden Office

Question 8

Prohibitions/Disqualifications on the Members of Congress (Sec. 14)

Answer 8

1. Appearance as counsel before any court of justice
2. Financial interest in any contract in the government
3. Financial interest in any special privilege granted by the
   Government
4. Intervene in certain matter.

Question 9

Electoral Tribunal (Sec. 17)

Answer 9

• Which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members,

Question 10

war powers

Answer 10

The Congress, by a vote of (2/3) two-thirds of both Houses in joint session assembled,
voting separately, shall

• Have the sole power to declare the existence of a state of war (defensive war and
  not aggressive war in consonance with the constitutional provision renunciation of war
  as an instrument of national policy under (Art. II Sec. 2)
• Delegation of emergency power to the President In times of war or other national
  emergency, for a limited period and subject to such restrictions as it may prescribe, to
  exercise powers necessary and proper to carry out a declared national policy. Unless
  sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
  adjournment thereof.

Question 11

Immunity from suit

Answer 11

In the case of In re: Bermudez, the Supreme Court expressly held that, incumbent presidents are immune from suit or from being brought to court during the period of
their incumbency and tenure.

In Soliven v. Makasiar, where the Supreme Court stated that the rationale for the grant
to the President of the privilege of immunity from suit is to assure the exercise of Presidential duties and functions free from any hindrance or distraction, considering
that being the Chief Executive of the Government is a job that, aside from requiring all of the office-holder’s time, also demands undivided attention.

Question 12

Bermudez, the Supreme Court expressly held that, incumbent
presidents are immune from suit or from being brought to court during the period of their incumbency and tenure.

Answer 12

In the case of In re:

Question 13

where the Supreme Court stated that the rationale for the grant
to the President of the privilege of immunity from suit is to assure the exercise of Presidential duties and functions free from any hindrance or distraction, considering
that being the Chief Executive of the Government is a job that, aside from requiring all of the office-holder’s time, also demands undivided attention.

Answer 13

In Soliven v. Makasiar,

Question 14

Kinds of Appointment

Answer 14

1. Regular (made during sessions. )
2. Ad interim

Question 15

The official can only discharge the duties once the commission consents to the appointment.

Answer 15

regular appointment

Question 16

• Ceases to be valid upon
  disapproval by the Commission on Appointments or, if not confirmed, until the next adjournment of Congress.

Answer 16

Ad interim appointment (made during recess of Congress)

Question 17

The President shall nominate and, with the consent of the Commission on Appointments

Answer 17

(1) appoint the heads of the executive departments
(2) ambassadors, other public ministers and consuls
(3) officers of the armed
forces from the rank of colonel or naval captain
(4) other officers whose
appointments are vested in him in this Constitution.
(5) He shall also appoint all
other officers of the Government whose appointments are not otherwise provided for by law, and (6) those whom he may be authorized by law to appoint.
The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.

Question 17

Alter ego principle

Answer 17

• Cabinet Secretary is the alter ego of the President in their
  respective Departments. Thus, they possess the power to issue directives relative to
  their departments, such as department orders. These orders only apply to offices under
  a specific department under the Cabinet Secretary’s jurisdiction. Cabinet Secretaries
  also act as advisors to the President of the Philippines for their areas.

Question 18

Commander-in-Chief of the Armed Forces

Answer 18

“The President shall be the Commander
in-Chief of all armed forces of the Philippines…”

Question 19

Requisites of judicial review

Answer 19

1. Actual case/controversy
2. Proper party Actual case or controversy
3. Earliest possible opportunity
4. Constitutional or legal question

Question 19

Judicial power

Answer 19

• 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 branch or instrumentality of the Government.

Question 20

Commission on Appointments in Congress (Sec. 18)

Answer 20

Composed of 25 members – The President of the Senate as ex officio chairman 12 Senators & 12 members of the House of Representatives

Power or function - to approve or disapprove appointments submitted to it by the President. It must act on all such appointments, by a majority vote of all the members,
within 30 session days of Congress from their submission.

Question 21

LEGISLATIVE POWER

Answer 21

It is the power conferred by the Constitution to propose, enact,
amend and repeal laws.

Question 22

(Rule on Nepotism)

Answer 22

The spouse and relatives by consanguinity or affinity within
the fourth civil degree of the President shall not, during his tenure be appointed
as: Members of the Constitutional Commissions, Ombudsman, Secretaries, or Undersecretaries, Chairman or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries. (Exception
to the Rule on Nepotism: Confidential employee, Teacher Members of the AFP,
Physicians)