Consti executive department sec13-23


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Consti executive department sec13-23

  1. 1. Bervilene Tesoro Abigail Nicdao
  2. 2. Sec. 13. The President, the Vice- President, the Members of theCabinet, and their deputies or assistants shall not, unless otherwiseprovided in this Constitution, hold any other office or employmentduring their tenure. They shall not, during said tenure, directly orindirectly practice any other profession, participate in anybusiness, or be financially interested in any contract with, or in anyfranchise, or special privilege granted by the Government or anysubdivision, agency, or instrumentality thereof, includinggovernment-owned or –controlled corporations or their subsidiaries.They shall strictly avoid conflict of interest in the conduct of theiroffice. The spouse and relatives by consanguinity or affinity withinthe fourth civil degree of the President shall not during his tenure beappointed as Members of the Constitutional Commissions, or theOffice of the Ombudsman, or asSecretaries, Undersecretaries, chairmen or heads of bureaus or
  3. 3. Sec. 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office.Acting President:• Exercises the powers & functions of the Office of the President• NOT the incumbent President• has not become a President to serve the unexpired portion of the term
  4. 4. Sec. 15. Two months immediately before thenext presidential elections and up to theend of his term, a President or ActingPresident shall not makeappointments, except temporaryappointments to executive positions whencontinued vacancies therein will prejudicepublic service or endanger public safety.
  5. 5. Sec. 16. The President shall nominate and with the consent ofthe Commission on Appointments, appoint the heads of theexecutive departments, ambassadors, other public ministersand consul, or officers of the armed forces from the rank ofcolonel or naval captain and other officers whoseappointments are vested in him in this Constitution. He shallalso appoint all other officers of the Government whoseappointments are not otherwise provided for by law, andthose whom he may be authorized by law to appoint. TheCongress may, by law, vest the appointment of other officerslower in rank in the President alone, in the courts, or in theheads of department, agencies, commissions, or boards. The President shall have the power to make theappointments during the recess of the Congress whethervoluntary or compulsory, but such appointments shall beeffective only until disapproval by the Commission onAppointments or until the next adjournment of the Congress.
  6. 6. Sec. 16. APPOINTMENT – the act of designation by the executive officer, board, or body to whom the power has been delegated, of the individual who is to exercise the functions of a given office.
  7. 7. Sec. 16. Nature of power to appoint  The power of appointment is intrinsically an executive prerogative May also appoint those officers who areCreates the office Legislative body necessary to the exercise of their own functions Defines its power Provides the compensation Limits its duration
  8. 8. Sec. 16. Officials whose appointmentsare vested in the President The heads of executive departments, ambassadors, and other public ministers and consuls; The officers of the Armed Forces of the Philippines from the rank of colonel or naval captain Other officers whose appointments are vested in the President by the Constitution All other officers of the Government whose appointments are not otherwise provided for by the law, and they refer to officers to be appointed to lower offices created by Congress where the latter omits to provide for appointments to said offices, or provides in an unconstitutional way for such appointments; and Those whom he may be authorized by law to appoint such as the government-owned or controlled corporations, department undersecretaries, heads of bureaus and offices, and other officials
  9. 9. Under other provisions Members of the Supreme Court Judges of lower court (including Sandiganbayan) The regular members of the Judicial and Bar Council The Chairman and the Commissioners of the Civil Service Commission The Chairman and the Commissioners of the Commission on Audit Ombudsman and his Deputies
  10. 10. Securities and Exchange Insurance Commission Commission Ombudsman and Members of the his Deputies Judiciary National Irrigation AdministrationRanking of officers Chairman and of the PNP Members of the Commission of Human Rights
  11. 11. Kinds of presidential appointments(required to be submitted to theCommission on Appointments) 1. Regular appointments 2. Ad interim appointments
  12. 12. 1. Regular appointments Nomination by the President Consent by the Commission on Appointments Appointment by the President
  13. 13. 2. Ad interim appointments Voluntary- before the adjournment Compulsary- when Congress adjourns
  14. 14. Kinds of appointment in thecareer services: Permanent Temporary or acting
  15. 15. Steps in the appointingprocess: APPOINTMENT ACCEPTANCE
  16. 16. Kinds of Acceptance: Express- when done verbally or in writing; and Implied- when, without formal acceptance, the appointee enters upon the exercise of the duties and functions of an office.DESIGNATION- simply the mere imposition of new or additional duties upon an officer already in the government service (or any other competent person) to temporarily perform the functions of an office in the executive branch when the officer regularly appointed to the office is unable to perform his duties or there exists a vacancy
  17. 17. Removal power of thePresident Not expressly granted Impliedly granted Removal power of other officers
  18. 18. Extent of the President’s Powerto remove Exercising purely executive functions whose tenure is not fixed by law. Exercising quasi-legislative or quasi- judicial functions Constitutional officers (impeachment) Civil service officers
  19. 19. Sec. 17. The President shall have control of allthe executive departments, bureaus, andoffices. He shall ensure that the laws befaithfully executed.
  20. 20. Power of control over allexecutivedepartments, bureaus andofficers President as administrator Role of Powers giving control
  21. 21. Nature and extent of the powerof control Over cabinet members Over other subordinate officers Over officers and employees in the career service
  22. 22. Power to insure that the lawsbe faithfully executed Primary function of President More of a mandatory duty than a power
  23. 23. Sec. 18The President shall be Commander-in-Chief of all armed forces of the Philippines and whenever itbecomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasionor rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period notexceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippinesor any part thereof under martial law. Within forty-eight hours from the proclamation of martial law orthe suspension of the privilege of the writ of habeas corpus, the President shall submit a report in personor in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all itsMembers in regular or special session, may revoke such proclamation or suspension, which revocationshall not be set aside by the President. Upon the initiative of the President, the Congress may, in thesame manner, extend such proclamation or suspension for a period to be determined by the Congress, ifthe invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation orsuspension, convene in accordance with its rules without need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, thesufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of thewrit or the extension thereof, and must promulgate thereon within thirty days from filing. A state of martial law does not suspend the operation of the Constitution, not supplant thefunctioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction onmilitary courts and agencies over civilians where civil courts are able to function, nor automaticallysuspend the privilege of the writ. The suspension of the privilege of the writ shall apply only to persons judicially charged forrebellion or offenses inherent in or directly connected with invasion. During the suspension of the privilege of the writ, any person thus arrested or detained shall bejudicially charged within three days, otherwise he shall be released.
  24. 24. Military power of the President 1. Powers to meet emergency situations  A. to call out the armed forces to prevent or suppress lawless violence  B. to suspend the privilege of the writ of Habeas Corpus  C. to declare martial law Commander- in- Chief of the Armed Forces
  25. 25. Powers of President asCommander-in-Chief of theArmed Forceso Not a member of the Armed Forceso Not subject to court martial or military disciplineo Has control of the military organization and personnelo Has the power to callout the armed forces to prevent suppress lawless violence
  26. 26. However, even in a state of martial law military courts and agencies have no jurisdiction over civilians where civil courts are able to function.In event of war, the President, normally, would delegate the actual command of the armed forces to his military experts. But the ultimate command belongs to him
  27. 27. Authority of Congress overArmed ForcesCongress shares with the President his authority over the armed forces. It supplies the money and make the laws for their governance. To it belongs the sole power to declare the existence of a state of a war.
  28. 28. Power to suspend privilege ofwrit of habeas corpus There must be invasion or rebellion The public safety must require the suspension
  29. 29. Meaning of martial law 1. It includes all laws that have reference to and are administered by the military forces of the state.  A. the military law proper  B. the rules governing the conduct of military forces in times of war and in places under military occupation. 2. It is the law which has application when the military arm does not supersede civil authority but is called upon to aid it in the execution of its vital functions.
  30. 30. Basis, object, and duration ofmartial law Basis Object Duration
  31. 31. Restriction on the exercise ofthe two powers 1. there must be invasion or rebellion and public safety requires the proclamation or suspension 2. the duration should not exceed 60 days unless extended by congress upon the initiative of the President 3. the President must submit a report in person or in writing to Congress within 48 hours from the proclamation or suspension 4. the proclamation or suspension may be revoked by majority vote of all members of Congress voting jointly which revocation shall not be set aside by the President. 5. the Supreme Court may inquire into the sufficiency or factual basis of the proclamation or suspension. 6. the effects of a state of martial law are clearly spelled out, to define the extent of the martial power.
  32. 32. Effects of a state of martial law 1. Operation of the Constitution 2. Functions of civil courts and legislative assemblies 3. Jurisdiction of military courts and agencies 4. Privilege of the writ of habeas corpus
  33. 33. Sec. 19. Except in cases of impeachment, oras otherwise provided in this Constitution,the President may grant reprieves,commutations, and pardons, may remitfines and forfeitures, after conviction byfinal judgment. He shall also have the power togrant amnesty with the concurrence ofa majority of all Members of theCongress.
  34. 34. Pardoning PowerThe pardoning power extends to all offenses, including criminal contempt (disrespect to or disobedience to a court which amounts to a crime). It does not give the President the power to exempt, except from punishment, anyone from the law.
  35. 35.  Reprieve- postponement of the execution of a death sentence to a certain date. Commutation- reduction of the sentence imposed to a lesser punishment, as from death to life imprisonment. It may be granted without the acceptance and even against the will of the convict. Pardon- act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed, from the punishment law inflicts for a crime he has committed.
  36. 36. Kinds of pardon Absolute Conditional
  37. 37. Limitations upon pardoningpower 1. It may not be exercised for offenses in impeachment cases 2. It may be exercised only after conviction by final judgement 3. It may not be exercised over civil contempt 4. In case of violation of election law or rules and regulations, no pardon, parole, or suspension of sentence may be granted without the recommendation of the Commission on Elections.
  38. 38. Effects of Pardon 1. It removes penalties and disabilities and restores him to his full civil and political rights. 2. It does not discharge the civil liability of the convict to the individual he has wronged as the President has no power to pardon a private wrong. 3 It does not restore offices, property, or rights vested in others in consequence of the conviction.
  39. 39.  Remission- prevents the collection of fines or the confiscation of forfeited property. Amnesty- an act of the sovereign power granting oblivion or a general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason, sedition, or rebellion.
  40. 40. Pardon and amnestydistinguished 1. Pardon is grated by the President alone after conviction, while amnesty with the concurrence of Congress before or after conviction 2. Pardon is an act of forgiveness, while amnesty is the act of forgetfulness. 3. Pardon is grated for infractions of the peace of the State, while amnesty, for crimes against the sovereignty of the State. 4. Pardon is a private act of the President which must be pleaded and proved by the person who claims to have been pardoned, while amnesty by proclamation of the President with the concurrence of Congress is a public act of which the courts will take judicial notice.
  41. 41. Sec. 20. The President may contract or guaranteeforeign loans on behalf of the Republic of thePhilippines with the prior concurrence of the MonetaryBoard, and subject to such limitations as may beprovided by law. The Monetary Board shall, within thirtydays from the end of every quarter of the calendaryear, submit to the Congress a complete report of itsdecisions on applications for loans to be contracted orguaranteed by the Government or government- ownedand –controlled corporations which would have effect ofincreasing the foreign debt, and containing othermatters as may be provided by law.
  42. 42. Authority to contract andguarantee foreign loans 1. Exclusive executive function 2. Concurrence of Monetary Board required 3. Checks by Congress
  43. 43. Sec. 21. No treaty or international agreementshall be valid and effective unlessconcurred in by at least two- thirds of allthe Members of the Senate.
  44. 44.  Treaty- compact made two or more states, including international organizations of states, intended to create binding rights and obligations upon the parties thereto.
  45. 45. Steps in treaty- making Negotiation  Approval or ratification
  46. 46. Sec. 22. The President shall submit to theCongress within thirty days from theopening of every regular session, as thebasis of the general appropriations bill, abudget of expenditures and sources offinancing, including receipts from existingand proposed revenue measures.
  47. 47. Sec. 23. The President shall address theCongress at the opening of its regularsession. He may also appear before it atany other time.