Beruflich Dokumente
Kultur Dokumente
Question Hour
- Limited only to execution of the laws
- enforceable only to Officials within the executive department (Except the
President)
- voluntary on the official / upon subpoena by Congress / consent of the President
- Limitation: Executive Privilege; questions to be given by Congress
235) Legislative power of inquiry can be raised as long as it is in aid of
legislation
Right to information subject to limitations as prescribed by law
236) Apply for a judicial relief to compel said officials to appear.
237) Enrolled bill Doctrine Such bill, once signed by the heads of both houses shall
be complete in itself, and shall be immediately forwarded to the President for
approval.
238) Absent such attestation of the approval of congress as a result of the
disclaimer, and consequently there being no enrolled bill to speak of, the entries in
the journal should be consulted.
239) None. Such issue should be resolved by congress instead as it is a purely
political question.
240) Rider provision in an appropriations bill which is not related to to any
particular appropriation thereto
241) Germaneness test To be germane, or relevant, an amendment to legislation
must have something to do with the rest of the bill it seeks to amend.
242) Veto of a provision invalidates the entire bill
Veto of an item Valid, but only as to appropriation, revenue, or tariff bills
243) No. That is well within the realm of the executive and the legislative a
political question nonetheless.
244) The power to analyze and decide on the appointment made by the President
(the primary duty of the commission on appointments)
245) Additional qualifications cannot be less than what was prescribed under the
Constitution or other statutes.
246) Yes, unless otherwise provided clause, Article 2, Civil Code.
247) Laws which are public in nature, those concerning implementation of policy, or
those of paramount interest to the public
249) Power to execute and apply the laws
250) Only one executive: The President
251) Power of control the power to alter, modify, or set aside what a subordinate
officer had done in the performance of his duties, and to substitute the judgment of
the superior for that of the former.
252) Power of supervision involves the authority to assure that the laws are being
properly observed. Power of control goes beyond that as whoever has it can execute
orders on his own discretion.
253) Following the principle of unitary executive, there are a lot of powers and
duties that the President has to perform, but might not be able to execute properly.
That is where his secretaries come in they act as the agent of the President, or his
alter-ego, in the exercise of executive power; and whatever resolution they impose
or order shall be deemed as if The President himself ordered it, unless repealed by
the latter.
254) Art. VII, Sec. 17 The president shall have control of all the executive
departments, bureaus, and offices Such power also implies the power to
reorganize.
255) Power of Appointment selection of an individual who is to exercise the
functions of a given office.
256) (Art. VII, Sec. 16, last sentence) 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.
257) So long as it will not impair such exclusive power of the president, then it may
be subject to the same. But if such limitation is to be effected to the point that the
presidents choice would be limited to only one, then the limitation is void.
258) No. Such would deprive the President of his executive power over said
department, more so unconstitutional.
259) Ad Interim Appointment
- Made during recess of congress
- Purpose is to prevent a hiatus in the discharge of duties
- Subject to the approval or refusal of the Commission on Appointments
Acting Appointment
- Temporary nature
- made even when congress is in session
- A stop-gap measure intended to fill an office for a limited time until the
appointment of a permanent occupant to the office.
- appointment is revocable by the President; no need to get approval from CoA
260) It depends if such disapproval was express or implied; if such was expressed
by the Commission, he cannot be appointed ad interim to the same position.
However, if such appointment was by-passed by the Commission an implied
disapproval he may still be appointed ad interim to the same position, after the
next adjournment of Congress.