H

1. Executive Department
Crizzle B. Paz

2. Executive
Power
 Vested in the President
 Power to enforce and Administer Laws
 Presumes a plenitude of authority and awesome
responsibility
 Instrument to uplift the common man

3. Qualifications
 Natural born citizens
 Registered voter
 Able to read and write
 40 years old
 Resident of the Philippines for at least 10 yrs
 Term of Office is 6 years only and not eligible for re
election

4. Whendoesa
VPbecomes
President
 When the president-elect fails to qualify
 Death/permanent disability
 Removal such as impeachment
 Resignation

5. Perquisites and
Inhibitions
 Official residence
 Salaries not decreased during their tenure
 Not receive any emoluments
 Not practice any profession, or participate in business
 Not financially interested in any contract or franchise
 Spouse or relatives within the 4th
civil degree not
appointed to government

6. Presidential
Immunity
 The act of the president is the act of the state
 Immuned from suit (those involving cases whose
punishment is below 6 years)
 Rule is that “Unlawful acts of public officials are not acts
of the State, and the officer who acts illegally is not
acting as such but stands in the same footing as any
other trespasser.”

7. Powers of the
President
 1. Appointing power- verbally or in writing
 Heads of executive dept
 Ambassadors, other public ministers, consuls
 AFP officers (colonel, naval captain)
 Other officers vested in him by the const.
 All other officers of the govt whom he has authority to
appoint

8. Powers of the
President
2. Removal Power- as may be provide by law
3. Control Power- power to alter or modify or nullify
- the members of the cabinet are subject at all times to the
disposition of the Presidency since they are merely his
alter ego
Alter ego doctrine- their acts performed in the regular
course of business are presumptively the acts of the
president

9. Powers of the
President
 4.Take care clause- laws be faithfully executed
 5. Military Power- Commander in chief, may call out the
armed forces to prevent or suppress lawless violence,
invasion or rebellion
 -suspend the writ of habeas corpus
 -declare martial law
 6. Pardoning Power- Executive clemency is granted for
the purpose or relieving the harshness of the law or
correcting mistakes in the admin istration of justice

10. Powers of the
President
 Pardon- act of grace which exempts the individual on
which it is bestowed from the punishment which the law
inflicts
 Commutation- reduction or mitigation of the penalty
 Reprieve- merely a postponement of a sentence to a
date
Limitations of the Pardoning Power
1. Pardon cannot be granted in impeachment
2. No pardon can be granted for the violation of
election laws
3. Pardon can only be granted after conviction of final
judgment

11. Powers of the
President
Kinds of Pardon
1. absolute- no strings attached
2. Conditional- comply certain requirements
3. Plenary pardon- extinguishes all the penalties
4. Partial pardon- not extinguishes penalties
Effects of Pardon
- to restore not only the offender’s liberty but also his civil
and political rights; grant of pardon cannot reinstate the
holding of public office

12. Powers of the
President
 Amnesty- can be granted by the president only with the
concurrence of congress
 7. Borrowing Power
 8. Diplomatic Power
 9. Budgetary Power
 10. Informing Power
 11. Other Powers- approve or veto bills

13. Judicial
Department
 Independence of the Judiciary
 Supreme court and all other courts
Judicial Power
- settle actual controversies involving rights which are
legally demandable and enforceable
-to determine whether there has been grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
government.

14. JudicialPower
 Settle actual controversies involving rights which are
legally demandable and enforceable
 To determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality
of the government

15. jurisdiction
 Authority by which courts take cognizance of and
decide cases, the legal right by which judges exercises
their authority

16. Qualifications of
memberof the
Judiciary
 Be a person of proven competence, integrity, probity
and independence

17. JudicialandBar
Council
 Members of the JBC
 -chief justice
 -secretary of justice
 -one retired justice of the SC
 -IBP representative
 -professor of law
 -representative of congress
 -private sector