Executive Department

40問 • 1年前

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It is the right of the President and high-level executive branch officers to withhold information from Congress, the courts, and ultimately the public"

Presidential Privilege or Executive Privilege

The President as such cannot be sued, enjoying as he does immunity from suit. But the validity of his acts can be tested by an action against othe executive officials.

Presidential Immunity

It refers to Vice President as automatic successor or elected President by virtue of special election, and serves the unexpired term; ineligible to run for President if he has served for more than four

Succeeded President

Regular Election

Second Monday of May

All the different executive and administrative organizations are mere adjuncts of the Executive Department.

Alter Ego Doctrine

The act of the secretary is the act of the president

Alter Ego Doctrine

The President shall have control of all the executive departments, bureaus, and offices.

Power of Control and Supervision

It is the overseeing or the power of the officer to see that subordinate officers perform their duties, and if the latter fail or neglect to fu fill them, then the former may take such action or steps as prescribed by law to make them perform these duties.

Supervision

Imposition of additional duties, usually by law, upon a person already in the public service by virtue of an earlier appointment. Does not entail payment of additional benefits or grants upon the person so designated.

Designation

Written Evidence of the appointment

Commission

The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of coloneli naval captain, and other officers whose appointments are vested in him in this Constitution

Power of Appointment

Selection by the proper authority of an individual who is to exercise the powers and functions of a given office.

Appointment

This refers to the President's power to enforce, implement, and administer laws. The President shall ensure that the laws be faithfully executed.

Executive Power

The President shalll exercise general supervision over local governments

General Supervision Over Local Government Unit and the Autonomous Region

This power is delegated by the Congress which covers such power necessary to carry out a declared national policy

Emergency Powers

Bureaus, offices or agencies of the executive derartment are concerned, power of control may justify him to inactive functions of a particular office.

Power to Abolish Offices

This is merely a police measure meant to quell disorder. As such, the Constitution does not regulate its exercise radically

Calling Out Power

He may call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion

Calling Out Power

The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he

Commander-in-Chief Power

Martial law usually contemplates a case where the courts are already closed and the civil institutions have already crumbled i.e. a "theater of

Open Court Doctrine

It is a speedy and effectual remedy to relieve persons from unlawful restraint. It secures to a prisoner the right to have the cause of his detention examined and determined by a court of justice and to have it ascertained whether he is held under lawful authority

Writ of Habeas Corpus

It committed by multitude of persons who rise publicly and take arms against the Government.

Rebellion

Pardonee has no option at all and must accept it whether he likes it or not. In this sense, It is similar to commutation, which is also not subject to acceptance by the offender

Absolute Pardon

The offender has the right to reject the same since he may feel that the condition imposed is more onerous then the penalty sought to be remitted.

Conditional Pardon

Does not extinguish all penalties imposed

Partial Pardon

Extinguishes all the penalties imposed upon the offender, including accessory disabilities

Plenary Pardon

The suspension of the sentence of a convict after serving the minimum term of the indeterminate sentence penalty, without granting a pardon, prescribing the terms upon which the sentence shall be suspended.

Parole

Permanent cancellation of sentence [Black's Law Dictionary). It is an 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 the law inflicts for the crime he has committed. It is a remission of guilt, a forgiveness of the offense

Pardon

A sovereign act of oblivion for past acts, granted by government generally to a class of persons who have been guilty usually of political offenses and who are subject to trial but have not yet been convicted

Amnesty

Reduction of sentence (Black's Law Dictionary). It is a remission of a part of the punishment, a substitution of a lesser penalty for the one originally imposed

Commutation

Temporary relief from or postponement of execution of criminal penalty or sentence or a stay of execution [Black Law Dictionary] It is the withholding of a sentence for an interval of time, a postponement of execution, a temporary suspension of execution

Reprieve

which the instrument agreed upon to provide for the joint RP-US military exercises, is simply an implementing agreement to the main RP-US Military Defense Treaty. The VFA is therefore valid for it is a presence "allowed under the RP-US Mutual Defense Treaty. Since the RP-US Mutual Defense Treaty itself has been ratified and concurred in by both the Philippine Senate and the US Senate, there is no violation of the Constitutional provision resulting from such prese: ice

Visiting Forces Agreement

Sec. 25, Art. XVIII, 1987 Philippine Constitution. After the expiration in 1991 of the Agreement between the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contra ting State.

Military Bases Treaty

President, being the head of state, is regarded as the sole organ and authonty in external relations and is the country's sole representi tive with foreign nations. As the chief architect of foreign policy, the President acts as the country's mouthpiece will respect to intemational affairs

Diplomatic Power

As defined by the Vienne Convention on the Law of Treaties, "an international instrument concluded between States in written form an I governed by intemational law, whether embodied in a single instrument or in two or more related instruments, and whatever its particular designation

Treaty

Sec. 22. Art VII. The President shall submit to the Congress within thirty (30) days from the opening of every regular session, as the basis of he general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing anc proposed revenue measures. The budget is the plan indicating

General Appropriation Act

Contracting and guaranteeing foreign loans Requisites for contracting and guaranteeing foreign loans

Powers Relative To Appropriation Measures

which are not enumerated in the Constitution, 2) implied with the grant of executive power, and 3) not possessed by the legislative and judiciary. It includes powers unrelated to the executior of any provision of law [See Marcos v. Manglapus

Residual Power

President, under martial rule or in a revolutionary government, may exercise delegated legislative powers [See Sec. 23(2)

Delegated Powers

It is the authority granted to a head of state, such as a president, to reject or nullify a legislative bill or resolution passed by a legislative body, preventing it from becoming law. By exercising veto power, the executive branch can influence the legislative process and prevent enactment of laws deemed undesirable or unconstitutional.

Veto Power

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Dotty Tanguilig · 22問 · 3年前

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