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The Powers of Government Ryan Robert Gutierrez Flores

Powers of Government

Votes Necessary

Manner of Voting

Covered by

Checks and Balances

Delegability

LEGISLATIVE POWER Vested in CONGRESS

Plenary Power to Legislate Majority Voting Separately Section 1, 24, 25, 26, 27, 28, 29, 30, 31, 32, Article VI Section 24, Article VI Presidential Veto Judicial Review Delegable to the people in cases of initiative and referendum Non-Delegable

(a) Power to enact appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills (b) Power to fix Tariff rates, import export quotas, tonnage and wharfage dues, and other duties or imports (c) Power to pay money out of the National Treasury

Majority

Voting Separately

Presidential Veto Judicial Review

Section 28, Article VI (2)

Judicial Review

Delegable to the President

Majority

Voting Seperately

Section 29, Article VI (1)

(d) Power to increase the appellate jurisdiction of the

Majority

Voting Seperately

Section 30, Article VI

Only up to the extent of the budget submitted by the Executive Judicial Review Advice and Concurrence of the Supreme Court

Non-Delegable

Non-Delegable

The Powers of Government Ryan Robert Gutierrez Flores

Supreme Court

Required No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members. Congress may not deprive the Supreme Court of its jurisdiction -

(e) Power to define, prescribe, and apportion the jurisdiction of courts Power to Declare the Existence of a state of War Power to Authorize President to exercise legislative power in times of National Emergency Power to override Executive veto

Majority

Voting Seperately

Section 2, Article VIII

Non-Delegable

Two-Thirds of each house Majority

Voting Jointly

Section 23, Article VI (1) Section 23, Article VI (2)

Non-Delegable

Voting Jointly

Limited Period only

Delegable to the President

Two-Thirds of the house of origin Two-Thirds of the other house, subsequent to the attainment of sufficient votes in the house of origin One-Third of the House of Representatives

Voting Separately

Section 27, Article VI

Judicial Review

Non-Delegable

Power to initiate all cases of impeachment

Voting is Exclusive to the House of Representatives

Section 3, Article XI (1)

Senate shall act as Impeachment court, not the House of Representatives, and

Non-Delegable

The Powers of Government Ryan Robert Gutierrez Flores

Power to decide cases of Impeachment

Two-Thirds of the Senate which serves as the Impeachment Tribunal

Voting is Exclusive to the Senate

Section 3, Article XI (6)

if the President is the official on trial, the Chief Justice of the Supreme Court shall preside (but will not vote). The House of Representatives reserves the exclusive right to exercise the power to initiate all cases of impeachment, and if the President is on trial, the chamber shall be presided over by the Chief Justice of the Supreme Court.

Non-Delegable

EXECUTIVE POWER Vested in the PRESIDENT

General Power of Administration Power to Appoint Section 1, Article VII Section 14, 16, Article VII Budget needs to be Non-Delegable approved by Congress Concurrence/Consent Non-Delegable of the Commission on Appointments required Constitutional Bar on Midnight Appointments Must be in compliance with the choices provided by 3

The Powers of Government Ryan Robert Gutierrez Flores

Power of Control Power to Call on the Armed Forces to Maintain Peace and Order, Suppress Lawless Violence, Invasion or Rebellion Power to Suspend the Writ of Habeas Corpus

Section 17, Article VII Section 18, Article VII

the Judicial and Bar Council in the case of Justices of the SC, CA, and Judges of the Lower Courts Within the Non-Delegable parameters of the law (Alter-Ego Principle) Non-Delegable

Section 18, Article VII

Sixty (60) day limit without the need of concurrence by the Senate. Within forty-eight (48) hours from the proclamation of 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

Non-Delegable

The Powers of Government Ryan Robert Gutierrez Flores

session, may revoke such proclamation, which revocation shall not be set aside by the President. Congress may, in the same manner, extend such proclamation 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 (24) hours following such proclamation, convene in accordance with its rules without need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the 5

The Powers of Government Ryan Robert Gutierrez Flores

factual basis of the proclamation of the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days (30) from its filing. Power to Place the Philippines or any part thereof, under Martial Law Section 18, Article VII Sixty (60) day limit without the need of concurrence by the Senate. Within forty-eight (48) hours from the proclamation of martial law, 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, which revocation shall not be set aside 6 Non-Delegable

The Powers of Government Ryan Robert Gutierrez Flores

by the President. Congress may, in the same manner, extend such proclamation 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 (24) hours following such proclamation, convene in accordance with its rules without 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 extension thereof, 7

The Powers of Government Ryan Robert Gutierrez Flores

Power to grant Reprieves and Pardons Power to grant Amnesty Power to Contract and Guarantee Foreign loans

Section 19, Article VII

and must promulgate its decision thereon within thirty days (30) from its filing. Except in cases of Impeachment With the concurrence of the majority of all members of Congress Concurrence of the Monetary Board Required. 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 decision 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

Non-Delegable

Section 19, Article VII

Non-Delegable

Section 20, Article VII

Non-Delegable

The Powers of Government Ryan Robert Gutierrez Flores

The Power to enter into International Agreements and Treaties

Section 21, Article VII

Power to Draft the National Budget

Section 22, Article VII

provided by law. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate. Subject to the approval of Congress.

Non-Delegable

Non-Delegable

JUDICIAL POWER Vested in the SUPREME COURT

Power to Settle Controversies Majority of the members in division and en banc, who actually took part in the deliberation of the case. Majority of the members in division and en banc, who actually took part in the deliberation of the case. Section 1, Article VIII Non-Delegable (Except to the extent of certain bodies exercising quasijudicial functions) Shared Jurisdiction in some instances, but non-delegable

Power to exercise Original Jurisdiction over cases affecting Ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. Power to Review, revise, reverse, modify, or affirm on

Section 5, Article VIII (1)

Majority of the members in division and en banc, who

Section 5, Article VIII (2)

Shared Jurisdiction in some instances, but non-delegable 9

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The Powers of Government Ryan Robert Gutierrez Flores

appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. c. All cases in which the jurisdiction of any lower court is

actually took part in the deliberation of the case.

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The Powers of Government Ryan Robert Gutierrez Flores

in issue. d. All criminal cases in which the penalty imposed is reclusion perpetua or higher. e. All cases in which only an error or question of law is involved. Power to appoint Judges to lower courts Power to order a change in venue to avoid a miscarriage of justice Power to promulgate internal rules Section 5, Article VIII (3) Temporary Capacity only for six (6) months without the consent of the judge. Non-Delegable

Section 5, Article VIII (4)

Non-Delegable

Section 5, Article VIII (5)

The Rules shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasijudicial bodies shall remain effective unless disapproved by the Supreme Court.

Delegable to QuasiJudicial bodies for self-application

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The Powers of Government Ryan Robert Gutierrez Flores

Power to Appoint Officials and Employees Power to Discipline Judges of Lower Courts

Section 5, Article VIII (6) Section 11, Article VIII

In accordance with the Civil Service Law -

Non-Delegable

Majority of the members in division and en banc, who actually took part in the deliberation of the case.

Non-Delegable

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