128.

We hold therefore that all statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin fifteen days after publication unless a different effectivity date is fixed by the legislature. (G.R. No. L63915 129. It is the power of carrying out the laws into practical operation and enforcing their due observance. (page 46 UST) 130. The Executive branch is unitary since there is only one President vested with executive power exercising control over the entire Executive branch. Any office in the Executive branch that is not under the control of the President is a lost command whose existence is without any legal or constitutional basis. http://scirelicet.blogspot.com/2009/12/article-vii-executive-department.html

131. (Rules on immunity during tenure) 1. The President is immune from suit during his tenure. (In re: Bermudez, G.R. No. 76180, Oct. 24, 1986) 2. An impeachment complaint may be filed against him during his tenure. (Art. XI) 3. The President may not be prevented from instituting suit. (Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988) 4. There is nothing in our laws that would prevent the President from waiving the privilege. The President may shed the protection afforded by the privilege. (Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988) 5. Heads of departments cannot invoke the Presidents immunity. (Gloria v. Court of Appeals, G.R. No. 119903, Aug. 15, 2000) B. (Rule on immunity after tenure) Once out of office, even before the end of the 6year term, immunity for nonofficial acts is lost. Such was the case of former President Joseph Estrada. Immunity cannot be claimed to shield a nonsitting President from prosecution for alleged criminal acts done while sitting in office. (page 42 Ateneo) 132. Presidential privileges-It is the power of the President to withhold certain types of information from the public, the courts, and the Congress. (page 43 Ateneo) 133. Nepotism rule - Shall avoid nepotism (Sec. 13, Art. VII) Note: The spouse and relatives by consanguinity or affinity within the 4th civil degree of the President shall not, during his tenure, be appointed as: a. Members of the Constitutional Commissions b. Office of the Ombudsman c. Secretaries d. Undersecretaries e. Chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries If the spouse, etc., was already in any of the above offices at the time before his/her spouse became President, he/she may continue in office. What is prohibited is appointment and reappointment, not continuation in office. (page 45-46 UST)

134. Power of control (page 39 Ateneo) 135. What is the extent of the Presidents power of control? - The presidential power of control over the Executive branch of government extends to all executive employees from the Department Secretary to the lowliest clerk. This constitutional power of the President is self-executing and does not require any implementing law. http://scirelicet.blogspot.com/2009/12/article-vii-executive-department.html

136. Power of control v. Power of supervision CONTROL SUPERVISION An officer in control lays The supervisor or superintendent merely sees to it that down the rules in the doing of the rules are followed, but he himself does not lay down an act. such rules. If the rules are not followed, The supervisor does not have the discretion to modify or the officer in control may, in replace them. If the rules are not observed, he may order his discretion, order the act the work done or redone but only to conform to the undone or redone by his prescribed rules. (Drilon v. Lim, G.R. No. 112497, Aug. 4, subordinate or he may even 1994) decide to do it himself. (page 51 UST) 137. Doctrine of qualified political agency - It means that the acts of the secretaries of the Executive departments performed and promulgated in the regular course of business are presumptively the acts of the Chief Executive. (page 50 UST) 138. Legal bases of the power of the president to reorganize the Executive branch Presidential Decree No. 1772 which amended Presidential Decree No. 1416 (Granting Continuing Authority to the President of the Philippines to Re-organize the National Government). These decrees expressly grant the President of the Philippines the continuing authority to reorganize the national government, which includes the power to group, consolidate bureaus and agencies, to abolish offices, to transfer functions, to create and classify functions, services and activities and to standardize salaries and materials. (G.R. No. 160093) 139. Power of appointment - The power to appoint is executive in nature. While Congress and the Constitution in certain cases may prescribe the qualifications for particular offices, the determination of who among those who are qualified will be appointed is the Presidents prerogative. (page 47 UST) 140. In whom may Congress vest the power to appoint lower ranked officers? - 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. (G.R. No. 91636)

141. Is the Presidents power to appoint subject to legislative limitations? 142. May Congress pass a law that puts a government office in the Executive Branch outside the control power of the President? Why? The Legislature cannot validly enact a law that puts a government office in the Executive branch outside the control of the President in the guise of insulating that office from politics or making it independent. If the office is part of the Executive branch, it must remain subject to the control of the President. Otherwise, the Legislature can deprive the President of his constitutional power of control over all the executive x x x offices. (G.R. No. 139554) http://scirelicet.blogspot.com/2009/12/article-vii-executive-department.html

143. Ad interim appointment v. Acting appointment AD INTERIM APPOINTMENT Made if Congress is not in session Requires confirmation of CA Permanent in nature (page 48 UST)

APPOINTMENT IN AN ACTING CAPACITY Made at any time there is vacancy, i.e., whether Congress is in session or not Does not require confirmation of CA Temporary in nature

144. May an ad interim appointee disapproved by the Commission on Appointments be extended a new appointment? There is no dispute that an ad interim appointee disapproved by the Commission on Appointments can no longer be extended a new appointment. The disapproval is a final decision of the Commission on Appointments in the exercise of its checking power on the appointing authority of the President. The disapproval is a decision on the merits, being a refusal by the Commission on Appointments to give its consent after deliberating on the qualifications of the appointee. Since the Constitution does not provide for any appeal from such decision, the disapproval is final and binding on the appointee as well as on the appointing power. (G.R. No. 149036)
http://scire-licet.blogspot.com/2009/12/article-vii-executive-department.html

145. What is the difference between a disapproved and a by-passed ad interim appointment? - The disapproval is a decision on the merits, being a refusal by the Commission on Appointments to give its consent after deliberating on the qualifications of the appointee. Since the Constitution does not provide for any appeal from such decision, the disapproval is final and binding on the appointee as well as on the appointing power. In this instance, the President can no longer renew the appointment not because of the constitutional prohibition on reappointment, but because of a final decision by the Commission on Appointments to withhold its consent to the appointment. A by-passed appointment is one that has not been finally acted upon on the merits by the Commission on Appointments at the close of the session of Congress. There is no final decision by the Commission on Appointments to give or withhold its consent to the

appointment as required by the Constitution. Absent such decision, the President is free to renew the ad interim appointment of a by-passed appointee. (G.R. No. 149036) http://scirelicet.blogspot.com/2009/12/article-vii-executive-department.html

146. Midnight appointments - Sec. 15, Art. VII of the 1987 Constitution prohibits the President from making appointments two months before the next presidential elections and up to the end of his term. It applies to 1. Those made for buying votes refers to those appointments made within two months preceding the Presidential election and are similar to those which are declared election offenses in the Omnibus Election Code; and 2. Those made for partisan considerations consists of the socalled midnight appointments. 147. Power of removal - The President derives his implied power of removal from other powers expressly vested in him. (page 49 UST) 148. Limitations on the power of removal 149. Powers of the President as Command-in-Chief - The CommanderinChief clause vests on the President, as CommanderinChief, absolute authority over the persons and actions of the members of the armed forces. (page 51 UST) 150. What is the extent of the power of the President as commander-in-chief of the Armed Forces of the Philippines? - Power to call on the military or armed forces, Power to suspend the writ of habeas corpus, Power to declare martial law. http://scirelicet.blogspot.com/2009/12/article-vii-executive-department.html

151. Does the President have the power to restrict the speech of members of the Armed Forces? Why? It cannot be gainsaid that certain liberties of persons in the military service, including the freedom of speech, may be circumscribed by rules of military discipline. Thus, to a certain degree, individual rights may be curtailed, because the effectiveness of the military in fulfilling its duties under the law depends to a large extent on the maintenance of discipline within its ranks. Hence, lawful orders must be followed without question and rules must be faithfully complied with, irrespective of a soldier's personal views on the matter. (G.R. No. 170165) 152. Does the President have the power to restrict the mobility of members of the Armed Forces? Why? the principle that mobility of travel is another necessary restriction on members of the military. A soldier cannot leave his/her post without the consent of the commanding officer. The reasons are self-evident. The commanding officer has to be aware at all times of the location of the troops under command, so as to be able to appropriately respond to any exigencies. For the same reason, commanding officers have to be able to restrict the movement or travel of their soldiers, if in their judgment, their presence at place of call of duty is necessary. (G.R. No. 170165) 153. Why does the President have the power to prevent a member of the Armed Forces from testifying before a legislative inquiry? - The President prevents a military officer from

appearing before Congress can do it by virtue of his/ her power as commander-in-chief. The ability of the President to prevent military officers from testifying before the Congress does not turn on executive privilege, but on the Chief Executives power as commander-inchief to control the actions and speech of members of the armed forces. A contrary rule, would unduly diminish the prerogatives of the President as commander-in-chief. The exigencies of military discipline and the chain of command mandate that the Presidents ability to control the individual members of the armed forces be accorded the utmost respect.http://www.batasnatin.com/law-library/political-and-public-international-law/constitutionallaw/735-executive-department.html

154. Veto power (page 33 Ateneo) 155. Distinguish the power of the President to veto a bill and his power to veto a particular item in an appropriation bill (page 34 Ateneo) 156. The Presidents Ordinance power - The Presidents Ordinance Power is the Executives rule-making authority in implementing or executing constitutional or statutory powers. Indisputably, there are constitutional powers vested in the Executive that are selfexecutory. The President may issue rules of a general or permanent character in implementation or execution of such self-executory constitutional powers. The power to issue such rules is inherent in Executive power. Otherwise, the President cannot execute self-executory constitutional provisions without a grant of delegated power from the Legislature, a legal and constitutional absurdity. (G.R. No. 166715) 157. Power of general supervision over local governments - "The President shall exercise general supervision over all local governments as may be provided by law." (Sec. 4, Art. X) This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates. The power of the President over LGUs is only of general supervision. Thus, he can only interfere in the affairs and activities of a LGU if he finds that the latter acted contrary to law. The President or any of his alter egos cannot interfere in local affairs as long as the concerned LGU acts within the parameters of the law and the Constitution. Any directive, therefore, by the President or any of his alter egos seeking to alter the wisdom of a lawconforming judgment on local affairs of a LGU is a patent nullity, because it violates the principle of local autonomy, as well as the doctrine of separation of powers of the executive and the legislative departments in governing municipal corporations. 158. Supervision defined (page 90 Ateneo) 159. Presidents power to investigate and discipline local government officials - the power to discipline and ensure that the laws be faithfully executed must be construed to authorize the President to order an investigation of the act or conduct of local officials when in his opinion the good of the public service so requires. What is delegated is the power to investigate, not the power to discipline. (G.R. No. 131255) 160. Who is the sole organ of the State in external relations? - The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.

161. Treaty-making power of the President - The President has the power to make treaties implicitly in the general grant of authority in Section 1, Article VII. Being vested with diplomatic powers, the President formulates foreign policy, deals with international affairs, represents the state with foreign nations, maintains diplomatic relations, and enters into treaties or international agreements. 162. Explain the nature of the act of ratification of a treaty. - The power to ratify is vested in the President subject to the concurrence of Senate. The role of the Senate, however, is limited only to giving or withholding its consent or concurrence. 163. What is the limitation to this power? - The Senate is granted the right to share in the treatymaking power of the President by concurring with him with the right to amend. 164. Power of the President to declare a national emergency vs. Exercise of emergency powers The Presidents authority to Declare a State of Exercise Emergency Powers National Emergency Granted by the Constitution, no legitimate Requires a delegation from Congress. objection can be raised. (David, et al. v. Gloria MacapagalArroyo, et al., G.R. No. 171396, May 3, 2006) 165. What are the powers of the President which may not be delegated to or exercised by an agent or alter ego of the President? - except in cases where the Chief Executive is required by the Constitution or law to act in person or the exigencies of the situation demand that he act personally, the multifarious executive and administrative functions of the Chief Executive are performed by and through the executive departments, and the acts of the Secretaries of such departments, 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. (G.R. No. 149724) 166. May the Presidents borrowing power be exercised by his or her alter ego, the Secretary of Finance? Why? The Constitution allocates to the President the exercise of the foreign borrowing power subject to such limitations as may be provided under law. the presidential prerogative may be exercised by the Presidents alter ego, who in this case is the Secretary of Finance. (G.R. No. 106064) 167. Is the exercise of judicial review meant to supplant the Executive? 168. What is the constitutional and statutory basis of the power of the President to reorganize the executive departments, bureaus and offices? 169. What is the extent of the Presidents power to reorganize executive departments, bureaus and offices?

170. Residual powers 171. Are the powers of the President limited only to the specific powers enumerated in the Constitution? Why? 172. Please explain the power of the president to keep the peace? 173. Presidential immunity from suit 174. Scope of presidential immunity from suit 175. Executive privilege 176. Varieties of executive privilege 177. Presidential communications privilege 178. Doctrine of operational proximity 179. What are the elements of the so-called presidential communications privilege? 180. Are communications within the executive privilege absolutely protected by the Constitution? Explain. 181. What must be shown to overcome this privilege? 182. Is executive privilege a bar to the possible disclosure of crime or wrongdoing? 183. How should the claim of executive privilege be invoked? 184. What are required of the Congressional committee conducting a legislative inquiry when inviting a person to appear before it? 185. Are executive officials exempt from the duty to disclose information by the mere fact of being executive officials? Why? 186. How may executive officials exempt themselves from the exercise by Congress of its power of inquiry? Why? 187. Who has the power to invoke executive privilege? 188. May the President require that all executive officials to seek prior consent before attending a legislative inquiry?

189. What should be given to officials summoned by Congress on matter which might covered by executive privilege? 190. What is the presumption with respect to presidential communications? 191. What is the nature of the power of the President to enter into executive agreements or to secure foreign loans? 192. Who are the officers covered by the doctrine of operation proximity? 193. How should the Congress overturn this presumption? 194. Is the final text of an international agreement privileged? Why? 195. Are the offers exchanged by the parties during the negotiations toward an international agreement privileged? Why? 196. What is the character of the diplomatic negotiations privilege? 197. How can the presumption of the privileged character of diplomatic negotiations be overcome? 198. What are the different forms of executive clemency? Briefly explain each. The Judiciary 199. Judicial power under the 1987 Constitution 200. Judicial power as a duty 201. Judicial restraint 202. Fiscal autonomy 203. What can the Supreme Court specifically do because of its fiscal autonomy 204. Automatic release of appropriations defined 205. What should be given to entities vested with fiscal autonomy in terms of their appropriations? 206. Is a revenue shortfall a valid justification to withhold the release of funds of these Constitutional bodies? 207. Administrative supervision of the Supreme Court 208. Rule-making power of the Supreme Court

209. Why rule-making is now an exclusive power of the Supreme Court 210. Power of the Supreme Court to control the execution of its decision as an essential aspect of jurisdiction 211. Decision-making process in the Supreme Court FUNDAMENTAL POWERS OF THE STATE Police power 212. Police power defined 213. Police power v. taxation & eminent domain 214. Taxing and eminent domain powers as implements of police power 215. Who may exercise police power 216. Limitations on police power 217. Requisites for a valid exercise Power of eminent domain 218. Eminent domain defined 219. Eminent domain vs. police power 220. Eminent domain vs. power of taxation 221. Eminent domain as an implement of police power 222. Who may exercise the power of eminent domain 223. Constitutional limitations on eminent domain 224. When is there a compensable taking? 225. Requisites for a valid exercise 226. Meaning of public use 227. Meaning of necessity 228. Meaning of just compensation 229. What is the contemporary application of the contract clause?

230. When should just compensation be paid? 231. Effect of delay of payment 232. Abandonment of intended use and right of repurchase 233. Reckoning point for determining just compensation 234. State action doctrine 235. Hierarchy of rights 236. Civil rights v. political rights Due Process 237. Due process defined 238. Relativity of due process 239. Protection guaranteed by the due process clause 240. Who are protected by the due process clause 241. Basic requirement for invoking the right to due process: There must be a deprivation of life, liberty or property 242. Meaning of life 243. Meaning of liberty 244. Meaning of property 245. Aspects of due process 246. Meaning of procedural due process 247. Meaning of substantive due process 248. Requirements of procedural due process 249. Requirements of substantive due process 250. Levels/Standards of review under substantive due process

251. Effect of failure to comply with notice and hearing requirements 252. Exceptions to the general rule requiring notice and hearing 253. Due process and the right to privacy 254. Void for vagueness doctrine 255. Publication of laws as a requirement of due process Equal Protection 256. Meaning of equal protection clause 257. Valid and invalid classifications 258. Requirements for a valid classifications 259. Standards of review Privacy of Communication 260. Types of communication protected by the right to privacy of communication and correspondence: Is it a protection against illegal wiretaps? 261. What are the conditions for permissible intrusion into the privacy of communication and correspondence? 262. How does the Writ of Habeas Data ensure protection of the privacy of communication? Freedom of Speech, Expression and of the Press 263. Meaning of the right to free expression 264. Aspects of the freedom of speech 265. Freedom from prior restraint 266. Examples of prior restraint 267. Content-neutral regulation 268. Content-based regulation 269. Invalid and Valid prior restraints 270. Clear and present danger test

271. Balancing of Interest test 272. Dangerous tendency test 273. What is a facial challenge of a law? 274. Void-for-vagueness doctrine 275. Overbreadth doctrine 276. Regulation of broadcast media 277. Commercial Speech 278. Private v. Government Speech 279. Hecklers Veto 280. Public figure doctrine 281. Fair commentaries on matters of public interest 282. Unprotected speech 283. Obscenity Liberty of abode & right to travel 284. Liberty of abode 285. Right to travel 286. Right to return to ones country