1

51. May the President make temporary appointments

There is a need to distinguish ad interim appointments and

involving the members of the Cabinet while Congress

appointments in an acting capacity. While both are effective

in session or not in session? Distinguish ad interim

upon acceptance, ad interim appointments are extended

appointment and appointment in an acting capacity.

only during the recess of Congress, whereas acting

appointments may be extended any time that there is a

Yes provided the temporary appointments of cabinet

vacancy. Moreover, ad interim appointments are submitted

members do not exceed one (1) year. (SEN. AQUILINO

to the Commission on Appointments for confirmation or

PIMENTEL, et al., vs. EXEC. SECRETARY EDUARDO ERMITA, et

rejection; acting appointments are not submitted to the

al., 472 SCRA 587)

Commission on appointments. Acting appointments are a

way of temporarily circumventing the need of confirmation

1.

The temporary appointments are valid. The power to

by the Commission on Appointments.

appoint is essentially executive in nature and the legislature

may not interfere with the exercise of this executive power

52. What is the take care power of the President of

except in those instances when the Constitution expressly

the Philippines?

allows it to interfere. The essence of an appointment in an

acting capacity is its temporary nature. It is a stop-gap

It is the power of the President under Section 17, Art. VII

measure intended to fill an office for a limited time until the

which provides that The President shall have control of all

appointment of a permanent occupant to the office. In case

the executive departments , bureaus and offices. He shall

of vacancy in an office occupied by an alter ego of the

ensure that the laws be faithfully executed.

President, such as the office of a department secretary, the

President must necessarily appoint an alter ego of her
choice as acting secretary before the permanent appointee
of her choice could assume office. Congress, through a law

53. What is the power of control of the President.

cannot impose on the President the obligation of

Distinguish it from power of supervision.

automatically appointing the Undersecretary as her alter

ego. He must be of the Presidents confidence and provided
that the temporary appointment does not exceed one (1)
year.

Control has been defined as 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 judgment of the former for test of the latter.

2
Supervision on the other hand means overseeing or the

decision is that of the President. (Lacson-Magallanes Co.,

power or authority of an officer to see that subordinate

Inc. vs. Pano, 21 SCRA 895).

officers perform their duties. (MONDANO VS. SILVOSA)

56. What are the differences between the power of

54. May the President validly require all officers and

the President to declare martial law or suspend the

employees under the executive department to

privilege of the writ of habeas corpus under the 1987

maintain ID systems and have ID cards?

Constitution and the previous Constitutions?

Yes in accordance with her power of control under Section

Under the 1987 Philippine Constitution, such acts of the

17, Art. VII of the Constitution. (KILUSANG MAYO UNO VS.

President may be reviewed not only by the Supreme Court

EXECUTIVE SECRETARY EDUARDO ERMITA, ET AL., April 19,

but also the Congress of the Philippines. Previously, such

2006 & June 20, 2006) But not for a national ID system

would be considered political question which is beyond the

which includes civilians as held in Ople vs. Torres, supra.

review powers of the courts. Likewise, there is a definite

period for the said suspension unlike before and more

55. What is the doctrine of qualified political

agency?

importantly, the grounds are only invasion and rebellion

WHEN THE PUBLIC SAFETY REQUIRES IT. The Supreme Court
may review, in an appropriate proceeding filed by any

It simply means that the President is not expected to

citizen, the sufficiency of the factual basis of the

perform in person an the multifarious executive and

proclamation of martial law or suspension of the privilege of

administrative functions. The Office of the Executive

the writ or the extension thereof, and must promulgate its

Secretary is an auxillary unit which assists the

decision thereon within 30 days from its filing.

President. Under our constitutional set-up, the

Executive Secretary acts for and in behalf of the

A state of martial law does not suspend the operation of the

President: and by authority of the President, he has

Constitution, nor supplant the functioning of the civil courts

undisputed jurisdiction to affirm, modify, or even

or legislative assemblies, nor authorize the conferment of

reverse any order of the Secretary of Natural

jurisdiction on military courts and agencies over civilians

Resources and other Cabinet Secretaries. Where the

where civil courts are able to function, nor automatically

Executive Secretary acts by authority of the President his

suspend the privilege of the writ.

3
The suspension of the privilege of the writ shall apply only to

Section 1, Article VI categorically states that [t]he

persons judicially charged for rebellion or offenses inherent

legislative power shall be vested in the Congress of the

in or directly connected with invasion.

Philippines which shall consist of a Senate and a House of

Representatives. To be sure, neither Martial Law nor a

During the suspension of the privilege of the writ, any

state of rebellion nor a state of emergency can justify

person thus arrested or detained shall be judicially charged

President Arroyos exercise of legislative power by issuing

within 3 days, otherwise, he shall be released.

decrees.
Likewise, the exercise of emergency powers, such as the
taking over of privately owned public utility or business

57. May the President under the 1987 Constitution

validly issue decrees

after declaring a state of

affected with public interest, is also unconstitutional.

This

requires a delegation from Congress.

national emergency. May she direct the take over of

business affected with national interest by reason of

58. What are the requisites of judicial review?

the emergency which she herself proclaimed?

Courts may exercise the power of judicial review only when
In the case of PROF. RANDOLF S. DAVID, et Al VS.
GLORIA MACAPAGAL-ARROYO,

AS PRESIDENT AND

the following requisites are present: first,there must be an

actual case or controversy; second, petitioners have to raise

COMMANDER-IN-CHIEF, et al., G.R. No. 171396, May

a question of unconstitutionality; third, the constitutional

3, 2006, it was held that in declaring a state of national

question must be raised at the earliest opportunity;

emergency, President Arroyo did not only rely on Section 18,

andfourth, the decision of the constitutional question must

Article VII of the Constitution, a provision calling on the AFP

be necessary to determination of the case itself.

to prevent or suppress lawless violence, invasion or

rebellion. She also relied on Section 17, Article XII, a
provision on the States extraordinary power to take over

59. When may the courts still validly decide moot

and academic cases?

privately-owned public utility and business affected with

public interest. The Supreme Court ruled that the assailed

A moot and academic case is one that ceases to present a

PP 1017 is unconstitutional insofar as it grants President

justiciable controversy by virtue of supervening events,

Arroyo the authority to promulgate decrees. Legislative

[1] so that a declaration thereon would be of no practical

power is peculiarly within the province of the Legislature.

use or value. Generally, courts decline jurisdiction over such

4
case[2] or dismiss it on ground of mootness. The moot

entitled to the avails of the suit.[4] Succinctly put, the

and academic principle is not a magical formula that can

plaintiffs standing is based on his own right to the relief

automatically dissuade the courts in resolving a case.

sought.

Courts will decide cases, otherwise moot and academic, if:

first, there is a grave violation of the Constitution

Introduction to extraordinary presidential powers

TO help enlighten the public on the nagging issue of an
impending national emergency declaration, we enumerate
the extraordinary presidential powers at Gloria MacapagalArroyos disposal culled from a briefing paper prepared by
the Free Legal Assistance Group. The Presidents
extraordinary powers, FLAG says, generally fall under three
classes powers vested by virtue of being the Commanderin-Chief, emergency powers granted by Congress, and
emergency powers as provided for in the 1987 Constitution.

(Province of Batangas vs. Romulo

second, the exceptional character of the situation
&paramount public interest is involved (Lacson vs. Perez
third, when constitutional issue raised requires formulation
of controlling principles to guide the bench, the bar, and the
public (Province of Batangas vs. Romulo); and
fourth, the case is capable of repetition yet evading review

60. Define locus standi.

o
o

Locus standi is defined as a right of appearance in a court

of justice on a given question.[3] In private suits, standing
is governed by the real-parties-in interest rule as

A. Commander-in-Chief Powers (Art. VII, Sec. 18, 1987

Constitution)
a. Call out Armed Forces
To suppress lawless violence, invasion or
rebellion
Not subject to congressional approval or
judicial review
President vested with full discretionary power
to determine factual basis for calling out armed forces.

contained in Section 2, Rule 3 of the 1997 Rules of Civil

Procedure, as amended. It provides that every action
must be prosecuted or defended in the name of the
real party in interest. Accordingly, the real-party-in
interest is the party who stands to be benefited or
injured by the judgment in the suit or the party

Note:
1. In IBP v. Zamora, the Supreme Court held: "When the
President calls the armed forces to prevent or suppress
lawless violence, invasion or rebellion, he necessarily
exercises a discretionary power solely vested in his
wisdom. This is clear from the intent of the framers and from

5
the text of the Constitution itself. The Court, thus, cannot be
called upon to overrule the Presidents wisdom or substitute
its own. However, this does not prevent an examination of
whether such power was exercised within permissible
constitutional limits or whether it was exercised in a manner
constituting grave abuse of discretion."
o

Power exercised by President Joseph E.

Estrada on 24 January 2000, ordering the Marines and the
PNP to conduct joint visibility patrols to prevent and
suppress crime. Power upheld by Supreme Court
Power exercised by President Gloria
Macapagal Arroyo on 1 May 2001 through General Order
No.1, directing the AFP and PNP to suppress and quell
the rebellion
Notes:
1. Hold departure orders issued and implemented
2. Persons arrested without warrants and specific charges
3. Checkpoints set up
4. Order issued to disperse groups of 5 or more massing up
near palace

criminal charges filed in court, not to those facing

investigations, preliminary or otherwise, before the fiscaL
prosecutor or DOJ
o
o

o
o

o
o

b. Suspend the privilege of the writ of habeas

corpus
i. In cases of rebellion or invasion and when
public safety so requires
ii. Applies only to persons judicially
charged for rebellion or offenses inherent in or directly
connected with invasion
Note:
1. Refers specifically and categorically to those facing

Persons arrested or detained must

be judicially charged within 3 days, otherwise must be
released
For period not exceeding 60 days; may
be extended by Congress throughmajority vote of all
members of Congress voting jointly, upon initiative of
President if invasion or rebellion persists and public safety
requires
No congressional concurrence required, but
Congress has power of revocation through majority vote of
all members of Congress voting jointly;
revocation cannot be set aside by President
Notes:
1. 236 members of House of Representatives; 23 Senators.
259 total members of Congress.
2. Majority vote required for revocation or extension 131
3. No rules on joint voting in Senate or House
Subject to judicial review; decision must be
promulgated within 30 days from filing
If Congress is in session, President required to
submit a report to Congress in person or in writing within
48 hours from suspension
If Congress is not in session, all members
required to convene without need of call within 24 hours
from suspension
Notes:
1. Congress on recess since 13 October 2005; Senate
resumes 24 October 2005 while House resumes 7 November
2005
2. No rule in Senate on convening without need of call; Rule

6
84, House of Representatives, replicates constitutional
provision

o
o
o
o
o
o

c. Declare martial law

In cases of rebellion or invasion and when
public safety so requires
Does not suspend Constitution
Does not supplant functioning of civil courts
or Congress
Does not authorize conferment of jurisdiction
on military courts and agencies over civilians where civil
courts are able to function
Does not automatically suspend writ of
habeas corpus
For period not exceeding 60 days; may
be extended by Congress throughmajority vote of all
members of Congress yoting jointly, upon initiative of
President if invasion or rebellion persists and public safety
requires
No congressional concurrence required, but
Congress has power of revocation through majority vote
of all members of Congress voting jointly;
revocation cannot be set aside by President
Notes:
1. 236 members of House of Representatives; 23 Senators.
259 total members of Congress.
2. Majority vote required for revocation or extension 131
3. No rules on joint voting in Senate or House

o
o

Subject to judicial review; decision must be

promulgated within 30 days from filing
If Congress is in session, President required to
submit a report to Congress in person or in writing within
48 hours from declaration

If Congress is not in session, all members

required to convene without need of call within 24 hours
from declaration
Notes:
1. Congress on recess since 13 October 2005; Senate
resumes 24 October 2005 while House resumes 7 November
2005
2. No rule in Senate on convening without need of call; Rule
84, House of Representatives, replicates constitutional
provision
B. Congressional Grant of Emergency Powers (Art. VI,
Sec. 23, 1987 Constitution)
In times of war or other national
emergency
Note:
i. There must be a "compact" relationship between the
declaration of war and powers granted to President
By two-thirds of both Houses, voting
separately in joint session
Notes:
i. 236 members of House of Representatives; 157 votes
needed to declare existence of war or national emergency
ii. 23 Senators; 15 votes needed to declare existence of war
or national emergency
For limited period
Note:
i. In Araneta v. Dinglasan, the Supreme Court held: "The
words limited period as used in the Constitution are
beyond question intended to mean restrictive in duration.
Emergency, in order to justify the delegation of emergency

7
powers, must be temporary or it can not be said to be an
emergency."

Subject to restrictions Congress may

Liberalize importation and grant incentives for

manufacture, assembly, reconditioning or importation of
vehicles or vessels for public transport

prescribe
o
o

o
o
o

o
o

Unless withdrawn by Congress, powers

cease at next adjournment
Emergency powers granted to President
Corazon C. Aquino on 20 December 1989 through Republic
Act 6826
Notes:
i. RA 6826 granted the President powers to:
Protect people from hoarding, profiteering,
injurious speculations, price manipulation, product
deception, cartels, etc. of food, clothing, medicines, office
and school supplies, fuel, fertilizers, etc. whether imported
or manufactured locally
Purchase any articles or commodities
mentioned for storage, sale or distribution
Fix maximum ceiling prices of articles or
commodities mentioned
Regulate fees charged by establishments in
connection with production, milling, storage and distribution
of articles or commodities mentioned
Seize and confiscate hoarded foodstuffs and
commodities, provided goods wrongfully seized shall be
subject to payment of just compensation
Call upon and designate recognized NGOs and
peoples organizations, and LGUs to assist government
Temporarily take over or direct the operation
of any privately owned public utility or business affected
with public interest that violates the declared national policy

C. Emergency Powers (Art. XII, Sec. 17, 1987 Constitution)

In times of national emergency when
public interest so requires
Note:
i. National emergency may refer to threats from external
aggression, calamities, natural disasters, strikes only when
they are of such proportion as would paralyze government
service, military national emergency, or economic
dislocations

State may temporarily take over or

direct the operation of any privately owned public utility
or business affected with public interest
Notes:
i. State refers to executive branch of government
ii. Business affected with public interest refers to businesses
that have the characteristics of a public utility, with massbased consumer group. "Entire business operations which
are not treated as public utilities do not fall under the public
utility regulation, but may already be so massive in terms of
its consumption, especially as regards the low-income
groups, that they should also be subject of the specific
section."

o
o
o

Does not authorize sequestration

For duration of emergency
State prescribes reasonable terms
i. The phrase "under reasonable terms prescribed by it" does
not serve to stop the State from taking over the operation of
any privately owned public utility or business