QUIZ EXECUTIVE DEPARTMENT

33問 • 1年前

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Following the 1935 Charter, Section 1 vests the executive power in one person alone which are the ________ It is therefore, accurate to refer to him as the Executive, not merely Chief Executive.

the President of the Philippines.

The President in a presidential system of government is, however, referred to also as ___________

Chief Executive

It has been defined as the power to administer the laws, which means carrying them into practical operation and enforcing their due observance.

Executive Power

the Constitution retains the system of direct popular election of the President despite criticism for abetting massive vote-buying and other undesirable practices.

System of direct voting

in case of a tie, however, the President shall be chosen for the term fixed in the Constitution by a vote of a majority of all the members of Congress in session assembled.

Election by Congress in case of a tie

The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, orbetrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

ARTICLE XI, Section 2

It is a mode of terminating official relation, the main object of which is to serve as an effective restraint which the legislature may interpose in the abuse of the executive and judicial authorities. - It is a method of national inquest into the conduct of public men.

Concept of Impeachment.

refers to a willful and intentional breach of the Constitution. Hence, not every violation of the Constitution constitutes an impeachable offense. Violation of the Constitution committed unintentionally or involuntarily either in good faith or through an honest mistake of judgment is not a - ground for impeachment (Report of Special Committee, House of Representatives on the Impeachment of president Quirino)

Culpable violation of the Constitution

is a crime committed by any person who, owing allegiance to the Philippines, not being a foreigner, levies war against the Philippines or adheres to her enemies, - giving them aid and comfort within the Philippines or elsewhere (Article 114, Revised Penal Code)

Treason

the offense committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any promise or gift received by such officer. It may likewise be committed by any public officer who shall accept such gift in consideration of the non-performance of an official duty or the execution of an act which does not constitute a crime (Article 210, Revised Penal Code)

Direct bribery

the offense committed by any public - officer who shall accept gifts offered to him by reason of his office (Article 211, Revised Penal Code)

Indirect bribery

the phrase cover all graft and corrupt practices. It was not included as ground for impeachment under the 1935 Constitution. Its inclusion - may be attributed to the awareness of the 1971 Constitutional Convention of the widespread graft and corruption in the government at the time

Graft and corruption

the phrase refers to those crimes which, like treason and bribery, are of so serious and enormous a nature as to affect the very life or orderly workings of the government. For impeachment purpose, “no act may be regarded as a high crime” unless there is a law forbidding and publishing it.

Other high crimes

this is a new ground for impeachment. It will cover any violation of the oath of office involving loss of popular support even if the violation may not amount to criminal offense. Its inclusion is more of a reaction to past experience than an exercise in logic.

Betrayal of public trust

The President may transmit to the Senate President and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office. In such case, the Vice-President shall be the Acting President until the President transmits to the two officials a written declaration of the termination of his incapacity. (Sec. 11, par. 1.);

Declaration by the President.

In case a majority of all the members of the Cabinet – who are all the President’s men – transmit such written declaration, the Vice-President shall immediately assume the powers and duties of the Office as Acting President. Thereafter, upon transmitting his written declaration that no inability exists, the President shall reassume the powers and duties of his office.

Declaration by the members of the Cabinet.

is the act of designation by the executive officer of the individual who is to exercise the functions of a given office.

Appointment

- The President of the Philippines has the power to give executive issuances, which are means to streamline the policy and programs of an administration.

Ordinance power

— Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders.

Executive orders

Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as the administrative head shall be promulgated in administrative orders.

Administrative orders

Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of aspecific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order.

Proclamations

Acts of the President on matters of administrative detail, or of subordinate or temporary interest which only concern a particular officer or government office shall be embodied in memorandum orders.

Memorandum orders

Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices of the government, for information or compliance, shall be embodied in memorandum circulars.

Memorandum circulars

Acts and commands of the President in his capacity as commander-in-chief of the Armed Forces of the Philippines shall be issued as general or special orders.

General or special orders

The President shall determine when it is necessary or advantageous to exercise the power of eminent domain in behalf of the national government, and direct the solicitor general, whenever he deems the action advisable, to institute expropriation proceedings in the proper court.

Power of eminent domain

The President shall direct the solicitor general to institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified under the constitution to acquire land.

Power to direct escheat or reversion proceedings

The President shall direct the solicitor general to institute proceedings to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees.

Power over ill-gotten wealth

The President may appoint officials of the Philippine government as provided by the constitution and laws of the Philippines. Some of these appointments, however, may need the approval of the Committee on Appointments (a committee composed of members from the House of Representatives and the Senate of the Philippines).

Power of appointment

is essentially police power. This is borne by the constitutional text which sets down “public safety” as the object of the exercise of martial law. Public safety is the concern of police power.

Martial law

– The postponement of the execution of a death sentence.

Reprieve

The reduction of the sentence imposed on a person to a lesser punishment.

Commutation

It exempts a person from the punishment which the law inflicts for a crime he has committed.

Pardon

It abolishes the offense of which a person is charged.

Amnesty

QUIZ LEGISLATIVE DEPARTMENT

Angela Robles · 32問 · 1年前