Macalintal v Comelec
There can be no absentee voting if the absentee voters are
required to physically reside in the Philippines within the
period required for non-absentee voters
Congressman Lopez v Sentate
Congress has the power to promulgate its rules for
canvassing certificates
Estrada v Diserto
Elements to resignation: Intent to resign and act of
relinquishment
Estrada resigned by acknowledging the oath taking as
president of gma
Emphasized his leaving for the sake of peace and order
Expressed gratitutde to the people for the opportunity to
serve
He cannot use resignation to escape prosecution
Doromal v Sandiganbayan
Pres vp or any member of the cabinet shall not hold any
other office (Sec 13)
Doromals signature on the document of the application
bid shows that he participated in a busness
Civil liberties v executive secretary
E0 284 is unconstitutional as it allows members of the
executive to have multiple offices
Bitonio v COA
Secretary of Labor who sits in an ex officio capacity in PEZA
cannot claim compensation for the additional office as it is
already paid for by his principal office.
Soliven v Makaisar
President may waiver its immunity from suit if she
instigated proceedings.
Accused cannot raise presidential immunity as a defense
to prevent the case
Carpio v ES
Presidential power of control extends to all executive
offices
Allows the president to alter or modify what a
subordinate has done in the performance of his duties
President vcan abdicate its control over the PNP and NPC
Marcos v Manlapus
Residual powers – what is not in the excutive or legislative
is implied to be in the executive
President can prohibit the marcos from entering the
Philippines
Pichay v ES
EO13 ABOLISHES THE pagc and transfers Its functions to
ODESLA
Valid? Yes
President has power to reorganize the office of the
president to his liking.
To remain effective and efficients, the office of the pres
must be able to be reshaped by the president as he deems
fit to carry out his directives
Government v springer
Can the senate president or house speaker elect members
of the national coal company (a company created by
congress)
No. legislature can create but has no power to appoint or
designate the members of its office
Xpn: officies in the legislative branch
Bermudez v ES
Is recommendation in the secretary essential?
No. it is merely interpreted as advice and is not binding
and complete persuave.
Matipag v Benipayo
Ad interim appointments are permanent and can no
longer be withdrawn by the president but can be removed
via removal by CoAppoinments or next adjournment of
congress
The ad interim appointments of benipayo and co are
allowed
De Castro v JBC
Election ban on appointments does not extend to the SC
Funa v ES
W/N Bautista as OIC of MARINA and DOTC undersecretary
unconstitutional
Yes, she holds two positions in the government (Art 13)
Calderon v Carale
Confirmation not required when the president appoints
other government officers whose appointments are not
otherwise provided for by law
 No. only by ational assembly ¾ voting or by con con 2/3
vote of the national assembly
Rufino v Endriga

Are appoinments done by trustees of their fellow

members constitutional Aquino v Enrile

No. An appointment of a member made by a fellow Is aquinos detention valid?

member transgresses sec. 16 since both positions are
equal in nature State of rebellion still has not disappeared, there is a clear
and immenent danger against the state. Arrest is valid.
Xpn: only in ranks lower than the appointing authority

Luego v CSC

Can the CSC dispapprove a permanent appointee on the

ground that they found a better suited candidate?

No, When the candidate is qualified and all other

requirements are satisfied, the CSC has no choice but to
attest to the appointment

Blaquera v Alcala

Under power of control, pres can modify the acts of the

respondents who granted incentives to employees. In the
view of the pres, respondents made a mistake which had
to be corrected by him

Senate v Ermita

EO464 contitutional (req. all public officials to ensure

consent from the pres prior to apperaring before
congress?)

No. executive privilege tells that certain information must

be kept confidential in the pursuit of public interest

Congress may have a right to information in aid of

legislation however, the executive may withhold such on
the ground that it is privileged.

Drilon v Lim

Can sec. of justice exercise control over LGU?

Sec. 187 allows the SoJ to review only the constitutionality

of the tax oridinance and if warranted to revoke it.

NEDA v dep. Of budget and management

EO 454 identification card is valid. Power of control over

all executive deparments

Lansang v Garcia

Miranda Plaza bombing

Suspension of habeas corpus was valid since it was for

public safety

Sanidad v Comelec

Can president call upon a referendum for the amendment

of the constitution