You have to learn the rules of the game.

And then you have to play better than anyone else

Albert Einstein

EXECUTIVE DEPARTMENT

2nd major branch in the government

ARTICLE VII
Executive Department
SECTION 1. The executive power shall be vested in the President of the Philippines.
SECTION 2. No person may be elected President unless he is a natural born citizen of the Philippines, a registered voter,
able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for
at least ten years immediately preceding such election.
SECTION 3. There shall be a Vice-President who shall have the same qualifications and term of office and be
elected with and in the same manner as the President. He may be removed from office in the same manner as the
President.
The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.
SECTION 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which
shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the
same date six years thereafter. The President shall not be eligible for any reelection. No person who has succeeded as
President and has served as such for more than four years shall be qualified for election to the same office at any time.
No Vice-President shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.
Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of
May. The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province
or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass,
the President of the Senate shall, not later than thirty days after the day of the election, open all certificates in the presence of
the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity
and due execution thereof in the manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and
highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of
the Congress, voting separately. The Congress shall promulgate its rules for the canvassing of the certificates. The Supreme
Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President
or Vice- President, and may promulgate its rules for the purpose.
Presidential Succession
Sec. 7 Vacancies occurring before Presidents term
1.
Death or permanent disability
2.
Failure to elect president
3.
Failure of President elect to qalify
***in situations falling under #1, the Vice President becomes the President whereas in situations falling under situations #2
and #3, the Vice-President only acts as President
Sec. 8 Vacancies occurring during the Presidents term
1.
Death
2.
Permanent disability
3.
Removal from office; and
4.
resignation
Section 7. Article 8 The President-elect and the Vice-President-elect shall assume office at the beginning of their terms. If the
President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified. If a
President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen
and qualified. If at the beginning of the term of the President, the President-elect shall have died or shall have become
permanently disabled, the Vice-President-elect shall become President.
Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become
permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall
act as President until a President or a Vice-President shall have been chosen and qualified.
The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or
a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next
preceding paragraph.
Section 8. Article 8 In case of death, permanent disability, removal from office, or resignation of the President, the VicePresident shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office,
or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of
the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and
qualified.
The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the
Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject
to the same restrictions of powers and disqualifications as the Acting President.
Section 9. Article 8 Whenever there is a vacancy in the Office of the Vice- President during the term for which he was elected,
the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who
shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

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You have to learn the rules of the game. And then you have to play better than anyone else
Albert Einstein

Presidential Privilege
1.
Executive Immunity from suits

Applicable throughout ones term

There is no qualification as to what kind of violation is applicable

He may however be charged of such violation after his term provided that the violation has not yet prescribed

May be applied eventhough a President is impeached

Estrada cannot invoke immunity from suits. He is not impeached but rather he resigned as President of the Republic of
the Philippines. The Court stated that using the Totality Test, there is a clear showing of his resignation from his acts and
omissions before, during and after January 20, 2001 or by the totality of prior, contemporaneous and posterior facts and
circumstantial evidence bearing a material relevance on the issue. (Estrada vs Desierto, G.R. Nos. 146710-15.
March 2, 2001)
2.

Executive privilege

Privilege not to disclose certain information

Military and diplomatic secrets

Those concerning national security

Presidential communications, correspondence and discussions in closed-door meetings

Prohibitions
Section 13. Article 7 The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall
not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the conduct of their office.
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, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and
their subsidiaries.
***the phrase unless otherwise provided in this constitution must be given a literal interpretation to refer to only those particular
instances cited in the Constitution
1.
Vice President being appointed as member of the cabinet (Sec 3 (2), Art 7)
2.
Or Vice President acting as President in instances provided in Sec 7 (2 and 3), Art 7
3.
Secretary of Justice being ex officio member of the Judicial and Bar Council (Sec 8 (1), Art 8)
The prohibition against holding dual or multiple offices or employment under Section 13, Article VII of the Constitution must not,
however, be construed as applying to posts occupied by the Executive officials specified therein without additional compensation in
an ex-officio capacity as provided by law and as required by the primary functions of said officials' office. The reason is that these
posts do not comprise "any other office" within the contemplation of the constitutional prohibition but are properly an imposition of
additional duties and functions on said officials. The term ex-officio means "from office; by virtue of office." It refers to an "authority
derived from official character merely, not expressly conferred upon the individual character, but rather annexed to the official
position." Ex-officio likewise denotes an "act done in an official character, or as a consequence of office, and without any other
appointment or authority than that conferred by the office." (Civil Liberties Union vs. The Executive Secretary, GR No.
83896, February 222, 1991)
Section 7. Article IX - B No elective official shall be eligible for appointment or designation in any capacity to any public
office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any
other office or employment in the Government or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries.
Double Compensation vs Double Appointment

Double Appointments is allowed by law whereas double compensation is prohibited

You may not receive another salary yet you may receive honorarium and/or allowances as a consequence of double
appointment
Prohibition to hold multiple offices to Members of the ConComm, Judiciary and Legislative
Sec 2 (a). Art 9 No Member of a Constitutional Commission shall, during his tenure, hold any other office or employment.
Neither shall he engage in the practice of any profession or in the active management or control of any business which in any
way be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with,
or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.
Sec 12. Art 8. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.

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Sec 13. Art 7. No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.

Executive
PRESIDENT

LEGISLATIVE

Senate

House of
Representatives

JUDICIARY

Supreme Court,
Office of the President
Proper
Lower
Courts and other courts established by law

Private Office
Executive Office
Common Staff Support System
Executive Departments
Presidential Assistant/ Adviser System

Bureaus

Offices

Control Power/ Power of Control:

Section 17. Article 7. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.

The President exercises direct control over executive departments, bureaus, and offices
The Power of Control is The power of an officer to alter, modify, nullify or set aside what a subordinate officer has done in
the performance of his duties and to substitute the judgment of the former for that of the latter.

Power of Supervision
Section 4. Article 10. The President of the Philippines shall exercise general supervision over local governments.
Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component
barangays shall ensure that the acts of their component units are within the scope of their prescribed powers and
functions.
The President can only interfere in the affairs and activities of a local government unit if he or she finds that the latter has acted
contrary to law. This is the scope of the President's supervisory powers over local government units. Hence, the President or any of
his or her alter egos cannot interfere in local affairs as long as the concerned local government unit acts within the parameters of
the law and the Constitution. Any directive therefore by the President or any of his or her alter egos seeking to alter the wisdom of a
law conforming judgment on local affairs of a local government unit is a patent nullity because it violates the principle of local
autonomy and separation of powers of the executive and legislative departments in governing municipal corporations. (Hon. RTC
Judges Mercedes Dadole vs Commission on Audit, GR No. 125350, December 3, 2002)
Principle of Qualified Political Agency

The decision of the Secretaries are decisions of the President unless repudiated by the President
Without minimizing the importance of the heads of the departments, their personality is in reality but the projection of that of the
President. Accordingly, their acts performed and promulgated in the regular course of business are unless disapproved or
reprobated by the Chief Executive, presumptively the acts of the Chief Executive. (Villena vs Secretary of Interior, 67 Phil
451)
Q: What is the Implication of the Principle of Qualified Political Agency?
A: Doctrine of Exhaustion of Administrative Remedies - Where a further appeal from a decision of a cabinet secretary may be taken
to the Office of the President before resorting to judicial action. This however is not necessary or required when there exists a
special law that provides for a different appeal.
Q: What is the extent of the Power of the President?
A: Powers granted by the Constitution + Residual Powers
The powers of the President cannot be said to be limited only to the specific powers enumerated in the Constitution. In other
words, executive power is more than the sum of specific powers so enumerated.
The power involved is the President's residual power to protect the general welfare of the people. It is founded on the duty of the
President, as steward of the people. To paraphrase Theodore Roosevelt, it is not only the power of the President but also his duty to
do anything not forbidden by the Constitution or the laws that the needs of the nation demand. The President is not only clothed
with extraordinary powers in times of emergency, but is also tasked with attending to the day-to-day problems of maintaining peace
and order and ensuring domestic tranquillity in times when no foreign foe appears on the horizon. Wide discretion, within the
bounds of law, in fulfilling presidential duties in times of peace is not in any way diminished by the relative want of an emergency
specified in the commander-in-chief provision. (Marcos vs Manglapus, GR No 88211, September 15, 1989)
Power to Execute Laws

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Section 17. Article 7. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the
laws be faithfully executed.
The President's power to conduct investigations to ensure that laws are faithfully executed is well recognized. It flows from the
faithful-execution clause of the Constitution under Article VII, Section 17 thereof. As the Chief Executive, the president represents
the government as a whole and sees to it that all laws are enforced by the officials and employees of his department. He has the
authority to directly assume the functions of the executive department. (Louis Biraogo vs The Philippine Truth Commission,
GR No 192935, Dec 7, 2010)
Power to Reorganize

The Power of the President to create an office is not absolute. As a general rule, creation of an office is a power granted to
the Legislative Department because such creation requires funding
Basis for the creation of department offices by the President Administrative Code of the Philippines
Q: Can the President alter any part of this department?
A: Yes, the President is granted the continuing power to reorganize (Sec 31, Executive Order 292)
If under the Office of the President Proper the President may directly abolish, merge or transfer
If not directly under the Office of the President Proper or an executive department the President cannot abolish but only
to merge or transfer

The President may abolish an office (of its department), but it cannot abolish an office created by Congress

Power of Appointment
Section 16. Article 7. The President shall nominate and, with the consent of the Commission on Appointments, appoint the
heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the
armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in
him in this Constitution. He shall also appoint all other officers of the Government whose appointments are
not otherwise provided for by law, and 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.
The President shall have the power to make appointments during the recess of the Congress, whether voluntary or
compulsory, but such appointments shall be effective only until after disapproval by the Commission on Appointments or
until the next adjournment of the Congress.
GR: The power to appoint implies the power to remove
Exception: Unless the law or the Constitution provides for another mode of removal eg. (1) Judges are appointed by the President
but may only be removed by the Supreme Court en banc (2) A civil service servant may only be removed as provided by the Civil
Service Code and with due process
Two sets of appointments
1.
Appointment through the Commission on Appointments

Exclusive list

Heads of the Executive Departments, Ambassadors, public ministers, consuls, officers of the Armed Forces from
colonel or naval captain

Members of the Judicial and Bar Council (Art 8, Sec 8 (2))

Chairman and Commissioners of the Constitutional Commission

2.
Does not require appointment through the Commission on Appointments

In the case of Gordon, the law which provided that the first chair of the SBMA shall be the incumbent Mayor was
declared invalid because in such case, it must be the President who should appoint.
Limitation of the Power of the Appointment:

90-day ban (60 days prior the election up to the end of the term)
Section 15.Article 7. Two months immediately before the next presidential elections and up to the end of his term, a
President or Acting President shall not make appointments, except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or endanger public safety.

Applies only to Executive Offices and the President

Exception: in the exigency of service

Judicial Appointments are not covered by Sec. 15 (De Castro vs Judicial and Bar Council, GR No. 191002. April 20,
2010)
Section 4. (1) Article 8. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.

Section 15 does not extend to appointments by local governments

Pardoning Powers

A Pardon is an act of grace which exempts the individual on whom it is bestowed from the punishment which the law
inflicts for the crime he has committed.
Section 19. Article 7. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may
grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Crime is condoned so as not to serve sentence

An Executive Act

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You have to learn the rules of the game. And then you have to play better than anyone else
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2 Kinds of Pardon
1.
Absolute Pardon

Extinguishes all the penalties imposed upon the offender including accessory disabilities

The pardonee has no option at all and must accept it whether he likes it or not
2.
Conditional Pardon

One under which a convict is required to comply with certain requirements

A conditional pardon does not remove accessory disabilities

The offender has the right to reject a conditional pardon since he may feel that it is more onerous than the
penalty sought to be remitted

Reprieve is merely a postponement of a sentence to a certain date or a certain execution.

Commutation is a reduction or mitigation of the penalty
Amnesty applicable to Political Crimes and requires concurrence of the Congress
Probation is a Judicial act where sentence is suspended and applicable only to crimes not exceeding 6 years
Parole is not a restoration of liberty. It is an executive act which grants release of prisoner. It is wherein a minimum term
is served inside prison while excess is to be served outside jail.

While a pardon has generally been regarded as blotting out the existence of guilt so that in the eye of the law the offender is as
innocent as though he never Committed the offense, it does not operate for all purposes. The very essence of a pardon is
forgiveness or remission of guilt. Pardon implies guilt. It does not erase the fact of the commission of the crime and the conviction
thereof. It does not wash out the moral stain. It involves forgiveness and not forgetfulness. The better considered cases regard full
pardon (at least one not based on the offender's innocence) as relieving the party from all the punitive consequences of his criminal
act, including the disqualifications or disabilities based on the finding of guilt. But it relieves him from nothing more. "To say,
however, that the offender is a 'new man', and 'as innocent as if he had never committed the offense;' is to ignore the difference
between the crime and the criminal. A person adjudged guilty of an offense is a convicted criminal, though pardoned; he may be
deserving of punishment, though left unpunished; and the law may regard him as more dangerous to society than one never found
guilty of crime, though it places no restraints upon him following his conviction." A pardon looks to the future. It is not retrospective.
It makes no amends for the past. It affords no relief for what has been suffered by the offender. It does not impose upon the
government any obligation to make reparation for what has been suffered. "Since the offense has been established by judicial
proceedings, that which has been done or suffered while they were in force is presumed to have been rightfully done and justly
suffered, and no satisfaction for it can be required." This would explain why petitioner, though pardoned, cannot be entitled to
receive backpay for lost earnings and benefits. (Salvacion Monsanto vs Fulgencio Factoran. GR No. 78239. February 9,
1989)
A conditional pardon is in the nature of a contract between the sovereign power or the Chief Executive and the convicted criminal
to the effect that the former will release the latter subject to the condition that if he does not comply with the terms of the pardon,
he will be recommitted to prison to serve the unexpired portion of the sentence or an additional one. By the pardonee's consent to
the terms stipulated in this contract, the pardonee has thereby placed himself under the supervision of the Chief Executive or his
delegate who is dutybound to see to it that the pardonee complies with the terms and conditions of the pardon.
The grant of pardon, the determination of the terms and conditions of the pardon, the determination of the occurrence of the breach
thereof, and the proper sanctions for such breach, are purely executive acts and, thus, are not subject to judicial scrutiny.
Where a conditional pardonee has allegedly breached a condition of a pardon, the President who opts to proceed against him need
not wait for a judicial pronouncement of guilt of a subsequent crime or for his conviction therefor by final judgment, in order to
effectuate the recommitment of the pardonee to prison. (In the Matter of Petition For Habeas Corpus of Wilfredo Sumulong
Torres vs The Director)
Q: Can the President grant Executive Clemency?
A: Yes. An Administrative Pardon is valid
Limitations on the Pardoning Power of the President
1.
Pardon cannot be granted in cases of impeachment.
An impeachment proceeding is not a judicial nor a criminal prosecution and does not essentially come under the
pardoning power
The arty convicted of impeachment is subject to prosecution, trial and punishment in an ordinary criminal action an
may then be extended pardon
2.
No pardon may be granted for the violation of any election law, rule or regulation without the favourable recommendation
of the Commission on Election.
3.
Pardon may be granted only after conviction by final judgment
4.
Cannot be granted when violation is legislative contempt.
In exercise of the Power of Congress where the President cannot intervene due to co-equality of branches of the
government
Military Powers of the President
1.
Calling- out powers
To prevent or suppress
a.
Lawless violence
b.
Invasion
c.
Rebellion
The President did not proclaim a national emergency, only a state of emergency in the three places mentioned. And
she did not act pursuant to any law enacted by Congress that authorized her to exercise extraordinary powers. The
calling out of the armed forces to prevent or suppress lawless violence in such places is a power that the
Constitution directly vests in the President. She did not need a congressional authority to exercise the same.
(Zaldy Ampatuan vs Hon. Ronaldo Puno. G.R. No. 190259. June 7, 2011.)
2.

Declaration of Martial Law

May only be done during (1) invasion or (2) rebellion and when public safety requires it

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3.

Suspend the privilege of writ of habeas corpus

what is suspended is the privilege and not the writ
Can only be applied to:
1.
Persons charge with rebellion
2.
Persons charged with offenses inherent or directly connected with invasion
Remedy? The prisoner must be released after 3 days if there is no charge
Section 18. Article 7. 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. In
case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend
the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote
of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in
accordance with its rules without any need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of
the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must
promulgate its decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts
or legislative assemblies, nor authorize 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.
The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent
in or directly connected with the invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within
three days, otherwise he shall be released.
-

1935 and 1973 Constitution

Requirement for the declaration of Martial law is in
case of invasion, insurrection, rebellion or imminent
danger when public safety requires it.
President could suspend privilege and impose martial
law for an indefinite period
Congress cannot curtail or review the declaration of
the President
Constitution is silent as to the power of the legislative
and the establishment/ jurisdiction of military courts

1987 Constitution
Requirement for the declaration of Martial Law is
actual invasion or rebellion
Initial suspension and imposition or martial law and
the privilege of the writ of habeas corpus is with the
President but only for the period of 60 days
Supreme Courts task is clear unlike that of the
previous Constitution

Power to Contract Foreign Loans

Section 20. Article 7. The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided
by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the
Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing
other matters as may be provided by law.
Diplomatic Powers

A Treaty requires the concurrence of the Senate

Section 21. Article 7. No treaty or international agreement shall be valid and effective unless concurred in by at least twothirds of all the Members of the Senate.
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 country's mouthpiece with respect to international affairs. Hence, the President is vested with the authority to deal with foreign
states and governments, extend or withhold recognition, maintain diplomatic relations, enter into treaties, and otherwise transact
the business of foreign relations. In the realm of treaty-making, the President has the sole authority to negotiate with other states.
It should be emphasized that under our Constitution, the power to ratify is vested in the President, subject to the concurrence of the
Senate. The role of the Senate, however, is limited only to giving or withholding its consent, or concurrence, to the ratification.
Hence, it is within the authority of the President to refuse to submit a treaty to the Senate or, having secured its consent for its
ratification, refuse to ratify it. (Pimentel vs Executive Secretary. G.R. No. 158088. July 6, 2005)
As regards the power to enter into treaties or international agreements, the Constitution vests the same in the President, subject
only to the concurrence of at least two-thirds vote of all the members of the Senate. In this light, the negotiation of the VFA and the
subsequent ratification of the agreement are exclusive acts which pertain solely to the President, in the lawful exercise of his vast
executive and diplomatic powers granted him no less than by the fundamental law itself. Into the field of negotiation the Senate

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cannot intrude, and Congress itself is powerless to invade it. (BAYAN vs Executive Secretary Ronaldo Zamora. G.R. No.
138570. October 10, 2000)
The State, therefore, is the sole judge to decide whether its protection will be granted, to what extent it is granted, and when will it
cease. It retains, in this respect, a discretionary power the exercise of which may be determined by considerations of a political or
other nature, unrelated to the particular case.
"[t]he President is the sole organ of the nation in its external relations, and its sole representative with foreign relations."
It is quite apparent that if, in the maintenance of our international relations, embarrassment perhaps serious embarrassment is
to be avoided and success for our aims achieved, congressional legislation which is to be made effective through negotiation and
inquiry within the international field must often accord to the President a degree of discretion and freedom from statutory restriction
which would not be admissible where domestic affairs alone involved. Moreover, he, not Congress, has the better opportunity of
knowing the conditions which prevail in foreign countries, and especially is this true in time of war. He has his confidential sources of
information. He
has his agents in the form of diplomatic, consular and other officials. . . .
The Executive Department has determined that taking up petitioners' cause would be inimical to our country's foreign policy
interests, and could disrupt our relations with Japan, thereby creating serious implications for stability in this region. For us to
overturn the Executive Department's determination would mean an assessment of the foreign policy judgments by a coordinate
political branch to which authority to make that judgment has been constitutionally committed. (Vinuya vs the Hon. Executive
Secretary. G.R. No. 162230. April 28, 2010)
Power to Ban and Deport Undesirable Aliens

Residual Power of the President that springs from his Diplomatic Powers

Only the President can determine who are considered desirable and undesirable

Not limited to criminals

The State has the inherent power to deport undesirable aliens (Chuoco Tiaco vs. Forbes, 228 U.S. 549, 57 L. Ed. 960, 40 Phil.
1122, 1125). That power may be exercised by the Chief Executive "when he deems such action necessary for the peace and
domestic tranquility of the nation": Justice Johnson's opinion is that when the Chief Executive finds that there are aliens whose
continued presence in the country is injurious to the public interest, "he may, even in the absence of express law, deport them".
(Forbes vs. Chuoco Tiaco and Crossfield, 16 Phil. 534, 568, 569; In re McCulloch Dick, 38 Phil. 41).
"The right of a country to expel or deport aliens because their continued presence is detrimental to public welfare is absolute and
unqualified" (Tiu Chun Hai and Go Tam vs. Commissioner of Immigration and the Director of NBI, 104 Phil. 949, 956).
References:
Based on Atty. Gonzalo Maligon Jr.s Discussion (Constitutional Law, Summer AY 2014-15)
Case Assignments
Cruz, Isagani A. and Cruz, Carlo L. Philippine Political Law 2014 ed.

7| Political

Law/LAE