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Scope of executive power 5.

Parole
1. Executive power is vested in the President of the The suspension of the sentence of a convict granted by a
Philippines. Parole Board after serving the minimum term of the
2. It is not limited to those set forth in the indeterminate sentence penalty, without granting a pardon,
Constitution (Residual powers). prescribing the terms upon which the sentence shall be
3. Privilege of immunity from suit is personal to the President suspended.
and may be invoked by him alone. It may also be waived by 6. Amnesty
the President, as when he himself files suit. The grant of general pardon to a class of political offenders
either after conviction or even before the charges is filed. It is
Specific powers of the President the form of executive clemency which under the Constitution
1. Appointing power may be granted by the President only with the concurrence of
The selection of an individual who is to exercise the functions the legislature.
of a given office. It may be made verbally but it is usually
done in writing through what is called the commission 5. Borrowing power
Power of Removal 6. Diplomatic/Treaty-making power
GR: From the express power of appointment, the President 7. Budgetary power
derives the implied power of removal. 8. Informing power
XPN: Not all officials appointed by the President are also 9. Veto power
removable by him since the Constitution prescribes certain 10. Power of general supervision over local governments
methods for the separation from the public service of such 11. Power to call special session
officers
JUDICIAL DEPARTMENT
2. Power of control over all executive departments, The duty of the courts of justice to settle actual controversies
bureaus and offices involving rights, which are legally demandable and
The power of an officer to alter or modify or nullify or to set enforceable and to determine whether or not there has been
aside what a subordinate has done in the performance of his a grave abuse of discretion amounting to lack or excess of
duties and to substitute one’s own judgment for that of a jurisdiction on the part of any branch or instrumentality of
subordinate. the Government.

3. Commander-in-Chief powers Judicial inquiry


COMMAND OF THE ARMED FORCES – absolute authority The power of the court to inquire into the exercise of
over the persons and actions of the members of the armed discretionary powers to determine whether or not there has
forces been a grave abuse of discretion amounting to lack or excess
CALLING-OUT POWERS – Call the armed forces to prevent or of jurisdiction.
suppress lawless violence, invasion, or rebellion. The only
criterion for the exercise of this power is that whenever it JUDICIAL REVIEW
becomes necessary. The power of the SC to determine the constitutionality of a
SUSPENSION of the privilege of the writ of habeas corpus law, treaty, ordinance, presidential issuance, and other
governmental acts.
Req
1. Actual Case - An existing case or controversy which is
4. Pardoning power both ripe for resolution and susceptible of judicial
An act of grace, which exempts individual on whom it is determination, and that which is not conjectural or
bestowed from punishment, which the law inflicts for a crime anticipatory, or that which seeks to resolve hypothetical
he has committed. As a consequence, pardon granted after or feigned constitutional problems.
conviction frees the individual from all the penalties and legal 2. Proper Party - One who has sustained or is in immediate
disabilities and restores him to all his civil rights. But unless danger of sustaining an injury as a result of the act
expressly grounded on the person’s innocence (which is rare), complained of. To have standing, one must show that:
it cannot bring back lost reputation for honesty, integrity and a. he has suffered some actual or threatened injury as a
fair dealing. result of the allegedly illegal conduct of the government;
b. the injury is fairly traceable to the challenged action;
Kinds of executive clemency and
1. Reprieve c. the injury is likely to be redressed by a favorable action
The postponement of sentence to a date certain, or stay of 3. Earliest opportunity– Constitutional question must be
execution. raised at the earliest possible opportunity
2. Commutations GR: It must be raised in the pleadings.
The reduction or mitigation of the penalty, from death XPN: 1. Criminal case – It may be brought at any
penalty to life imprisonment, remittances and fines. stage of the proceedings according to the discretion
Commutation is a pardon in form but not in substance, of the judge (trial or appeal) because no one shall be
because it does not affect his guilt; it merely reduces the brought within the terms of the law who are not
penalty for reasons of public interest rather than for the sole clearly within them and the act shall not be punished
benefit of the offender. when the law does not clearly punish them.
3. Remission of fines and forfeitures 2. Civil case – It may be brought anytime if the
Merely prevents the collection of fines or the confiscation of resolution of the constitutional issue is inevitable in
forfeited property. It cannot have the effect of returning resolving the main issue.
property which has been vested in third parties or money 3. When the jurisdiction of the lower court is in
already in the public treasury. question except when there is estoppel.
4. Probation 4. Necessity of deciding constitutional questions – As long as
A disposition under which a defendant after conviction and there are other bases which courts can use for decision,
sentence is released subject to conditions imposed by the constitutionality of the law will not be touched, thus, courts
court and to the supervision of a probation officer. should refrain from resolving any constitutional issue "unless
the constitutional question is the lis mota(the cause of the and court officials and employees from public scrutiny or the
suit or action) of the case." pressure of public opinion that would impair their ability to
render impartial decisions.
Scope of Judicial Review Requisites for a document to be protected by DPP It must be
The courts have the power to pass upon the validity and the shown that the document is both:
constitutionality of laws enacted by the legislature, and other 1. Predecisional – If they were made in the attempt to reach a
bodies of the government, under the doctrine of checks and final decision; and
balances. 2. Deliberative – If it reflects the give-and-take of the
consultative process such as the disclosure of the information
Principle of Stare Decisis would discourage open discussion within the agency.
Deemed of imperative authority, controlling the decisions of
like cases in the same court and in lower courts within the XPN: If the intent only is for them to identify or certify the
same jurisdiction, unless and until the decision in question is genuineness of documents within their control that are not
reversed or overruled by a court of competent authority. confidential and privileged, their presence in the
Impeachment Court may be permitted.
Functions of judicial review
1. Checking – Invalidating a law or executive act that is found JBC ON CODAL (ROLE,COMPOSITION,TERMS)
to be contrary to the Constitution. 2. Legitimizing – Upholding SC(ROLE,COMPO,TERMS)
the validity of the law that results from a mere dismissal of a Cases that should be heard by the SC en banc (TRuPDE-PreJ)
case challenging the validity of the law. (1996, 1999 Bar)
3. Symbolic – To educate the bench and bar as to the 1. All cases involving the constitutionality of a Treaty,
controlling principles and concepts on matters of grave public international or executive agreement, or law;
importance for the guidance of, and restraint upon the 2. All cases which under the Rules of Court may be required
future. to be heard en banc;
3. All cases involving the constitutionality, application or
OPERATIVE FACT DOCTRINE operation of Presidential decrees, proclamations, orders,
Under this doctrine, the law is recognized as unconstitutional instructions, ordinances, and other regulations;
but the effects of the unconstitutional law, prior to its 4. Cases heard by a Division when the required majority in
declaration of nullity, may be left undisturbed as a matter of the division is not obtained;
equity and fair play. It is a rule of equity 5. Cases where the SC modifies or reverses a doctrine or
principle of law Previously laid either en banc or in division;
Political Question Doctrine 6. Administrative cases involving the discipline or dismissal of
The doctrine that the power of judicial review cannot be Judges of lower courts;
exercised when the issue is a political question. It constitutes 7. Election contests for president or vice-president.
another limitation on such power of the judiciary. Appellate jurisdiction of the SC(CODAL)
Scope of the rule-making power of the SC
SAFEGUARDS OF JUDICIAL INDEPENDENCE Constitutional 1. The protection and enforcement of constitutional rights
safeguards that guarantee the independence of the judiciary 2. Pleadings, practice and procedure in all courts
1. The SC is a constitutional body and may not be abolished 3. Admission to the practice of law
by law. 4. The Integrated Bar
2. Members are only removable by impeachment. 5. Legal assistance to the underprivileged
3. The SC may not be deprived of its minimum and appellate Limitations on its rule making power
jurisdiction; appellate jurisdiction may not be increased 1. It should provide a simplified and inexpensive procedure
without its advice or concurrence. for the speedy disposition of cases. 2. It should be uniform for
4. The SC has administrative supervision over all inferior all courts of the same grade.
courts and personnel. 3. It should not diminish, increase, or modify substantive
5. The SC has exclusive power to discipline judges/justices of rights.
inferior courts. Requirements for the decisions of the SC(CODE)
6. The members of the judiciary enjoy security of tenure. (ART VIII SEC 5 PAR 1-2)
7. The members of the judiciary may not be designated to any Original Jurisdiction
agency performing quasi-judicial or administrative functions. Appellate Jurisdiction SC may review, revise, reverse, modify,
8. The salaries of judges may not be reduced; the judiciary or affirm final judgments and orders of lower courts in:
enjoys fiscal autonomy.
9. The SC alone may initiate the promulgation of the Rules of
Court.
10. The SC alone may order temporary detail of judges.
11. The SC can appoint all officials and employees of the
Judiciary.

Judicial Privilege (Deliberative Process Privilege or DPP)


The privilege against disclosure of information or
communications that formed the process of judicial decisions.
This applies to confidential matters, which refer to
information not yet publicized by the Court like (1) raffle of
cases, (2) actions taken in each case in the Court’s agenda,
and (3) deliberations of the Members in court sessions on
case matters pending before it.

Purpose of Judicial Privilege


To prevent the ‘chilling’ of deliberative communications. It
insulates the Judiciary from an improper intrusion into the
functions of the judicial branch and shields judges, justices,