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Questions:s

1. Distinguish the power of the President to take care that the laws are faithfully executed, his
commander-in-chief powers and his emergency powers. Discuss. 10%
- (1) The Executive Power of the President is to take care that the laws are faithfully executed
and such power is only vested to the President alone. The President however is not only
Chief Executive he is also the administrative head of our government he has the power to
maintain and manage the government he alone cannot do it and he is allowed to have alter-
egos in different departments in the government whom he supervise and controls to
properly execute laws. He also supervises the Local Government and autonomous region.
The Control power of the president is to nullify, modify, and set aside the actions of his
subordinates and replace the same. Supervision relates to overseeing acts of his
subordinates to make sure they fulfill their duty as mandated by the law. This power
mentioned helps the president to properly execute laws. (2) The Commander-in-chief power
of the President relates to his power to call the military forces of the Philippines in order to
suppress lawless violence, rebellion and other related to national security. Civilian authority
over military thats why the commander-in-chief is vested to the civilian president. (3)
Emergency Powers can only be exercise by the President when it is delegated by the
Congress. The delegation of Emergency Powers occurs when there is war or any other
national emergency, there must be a law that authorizing the president to exercise and the
same may be subject to restrictions by the congress and such power must be necessary and
to carry out declared national policy.

2. Whose appointments have to be confirmed by the Commission on Appointments? May the


Congress provide for other officers whose appointments have to be confirmed by the
Commission on Appointments? What are ad interim appointments? Are they the same
appointments in an acting capacity? Discuss. 10%
- (1) Commission on Appointments shall confirm the following: (a) heads of the executive
departments; (b) ambassadors, other public ministers and consuls; or (c) officers of the
armed forces with the rank of colonel or naval captain; and (d) other officers whose
appointments are vested in the President under the Constitution. (2) No. The Congress
cannot add officers to be confirmed by the Commission on Appointments, the officers listed
in the Constitution cannot be expand solely because the constitution did not state so. (3) Ad
Interim appointments are made during the recess of the congress. They are deemed to be
complete and permanent until the Commission disapproves it or until the next adjournment
of the Congress. (4) Ad Interim appointees and Acting capacity are not the same, the former
is permanent in nature and the latter is temporary. The Acting Secretary can be replace
when the President appoints his permanent secretary.
3. What is executive privilege? Who may invoke it? In what instances may it be invoked? What is
the procedure invoking it? Did Sec. Neri properly invoke executive privilege in the hearings in
the Senate on the ZTE contract? Discuss. 10%
- (1) Executive Privilege is the privilege given to the President to withheld information from
the Public such matters are covered by the following: (1) foreign relations; (2) national
security; (3) communication between the President and the cabinet; (4) trade secrets; (5)
on-going negotiations; (6) informers privilege. It provides leeway and freedom for the
President to exercise his mandate. The President can extend this privilege to his
subordinates as long as he invokes it (2) The President himself can invoke it or through his
Executive Secretary and that there must be a formal claim by the President for certain and
precise reason for the confidentiality. (3) Secretary Romulo correctly invoked Executive
Privilege. The President through his Executive Secretary satisfied the requirement as he
specified the requirement and that release of such information might impair the diplomatic
relations with china.
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4. What is original jurisdiction of the Supreme Court? What is its appellate jurisdiction? Is a law
providing for the appeal of decisions of the Ombudsman to the Supreme Court constitutional?
Discuss. 10%
- (1) Jurisdiction is defined as the authority of a court to hear and decide a case. The original
jurisdiction of the Supreme Court covers the following: (1) cases affecting ambassadors,
other public ministers and consuls; and (2) petitions for certiorari, prohibition, mandamus,
quo warranto and habeas corpus. While SC jurisdiction is left for legislative determination,
its constitutionally mandated jurisdiction as set forth in Article VIII, Section 5 of the
Constitution cannot be decreased. (2) Appellate Jurisdiction of the SC means that they can
decide on cases of the lower court when there is a question of Constitutionality and GAD
amounting to lack or excess jurisdiction of the lower courts. (3) No as mandated by the
Constitution a law cannot increase the appellate jurisdiction of the SC unless it allows by the
SC. It is mandate by the Constitution to protect them from more burdens and caseloads.

5. What is the process for the passage of a bill? Is the process the same for revenue bills? May the
bicameral conference committee add provisions which are not in the House bill and the Senate
bill approved on the third reading? Discuss. 10%
- (1) A bill must originate from either house; it will undergo 3 readings and signed by the
President or vetoes it. First, the title of the bill will be read (1st reading) and sent to
appropriate committee if that committee accepts the bill it will undergo 2nd reading where it
will be read its title and contents and there will be debate, discuss and amendment and last
the 3rd reading where it contains the amendments from the 2nd reading if approved, there
will be a bicameral committee that will harmonize and reconciles the versions of the senate
and congress it will be signed by the president and it becomes a law otherwise he shall veto
it and send it back to the congress, the congress have to 2 options, to adhere or override
that veto. The veto can be override with the 2/3 votes of the congress and the bill shall
become a law. Another way is when the President ignores the bill for 30days the bill will
become a law.
(2) The difference between general bills and revenue bills is that revenue bills should be
originated from the House of Representatives for the assumption that they are more
competent and sensitive to the needs of their constituents.

(3) Yes. The Bicameral Committee may add provisions even if not part of the original bill as
long as it is germane to the purpose of the bill.

6. Discuss the veto power of the President. What is the procedure for vetoing a bill and for
overriding the veto? How is an appropriation bill vetoed? How are inappropriate provisions in
an appropriation bill treated?
- (1) The President has the power to veto a bill to the Congress when, in his view, that such
law may not be in conformity to the Constitution or may be detrimental to the Public.

(2) A bill approved by the congress shall be submit to the President and it will be signed by
the him then it becomes a law otherwise he shall veto it and send it back to the congress
and states the reason for vetoing the bill, the congress has 2 options, to adhere or override
that veto. The veto can be override with the 2/3 votes of the congress and the bill shall
become a law.

(3) General rule is that the President shall veto the entire bill but there are some exceptions,
one of these is the appropriation bill. In an appropriation bill, the President can veto some
provisions or what we call line items because in an appropriation bill its items are not
actually related to but are separate and specific and can be single out for veto.

(4) Inappropriate provisions are sometimes called riders and can be veto by the President
even if it is not from a revenue bill or appropriation bill.

7. May the Supreme Court dismiss a petition for review through a minute resolution stating that a
petition lacks merit? May the Court of Appeals and providing for direct appeal from the Regional
Trial Court to the Supreme Court? Discuss. 10%
- (1) No, the SC may not dismiss a petition for review through a minute resolution by just
stating that the petition lacks merit. It must still state the legal basis to conform to the
Constitutional requirement. Such has been the practice for a long time but it enraged
lawyers who take a lot of time to prepare their papers, just to be dismissed through a
minute resolution stating that it is dismissed for lack of merit. The CA may not just quote in
toto the findings and conclusions of the RTC in dismissing an appeal however, the CA can do
this when there is no additional question raised or evidence to be present.
8. May the Congress pass a law abolishing the Court of Appeals and providing for direct appeal
from Regional Trial Court to the Supreme Court? Discuss. 10%
- (1) Congress may pass a law abolishing the Court of Appeals since it is also created through a
law as long as it does not undermine the security of tenure of the judges. The security of
tenure of these judges is not undermined when an office(court) is abolished in good faith.
Therefore, in order to escape the taint of unconstitutionality it must done in good faith, not
for personal or political reasons and not in violation of a law. Generally, the appellate
jurisdiction of the SC cannot be increased. But such can be done through the passage of a
law by Congress and after the advice and concurrence of the SC itself.

9. In view of the negative public reaction to the pardon given by the President to a prominent
person, a Congressman proposed that a law be passed providing for the review by the Congress
of paroles, pardons and commutation of sentences granted by the President. Will such a law be
constitutional? Discuss. 10%
- The legislative department cannot pass a law providing for the review by the Congress of
paroles, pardons and commutation of sentences granted by the President. Such law will be
unconstitutional. The power of the President to grant such reliefs can never be the subject
for judicial review or for interference by the legislative department, no matter how
unreasonable it may be. It is the sole prerogative of the President to grant or not grant such.

10. Discuss the scope of the Presidents power of control over the executive departments, bureaus,
and offices and his power of supervision over local governments? Discuss the qualified political
agency doctrine. 10%
- (1) The President exercises both the power to control executive departments, bureaus and
offices and the power to supervise local governments. The first one refers to his power to
substitute his own judgment to that of his subordinate. He can overrule their acts and
interfere with their actions. The second one refers to his power to oversee the acts of the
local governments. This is consistent with the fact that local governments are autonomous
and are not subject to the direct control of the President. (2) The doctrine of qualified
political agency provides that the different departments are mere adjuncts of the President.
The secretaries of these departments are his alter egos. Their functions are the extensions
of his multifarious functions. Their acts are presumed to be the acts of the President.