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Prepared by: Aguilar, Princess Alen I.

Daza, Jeanett Guijo, Camille Grepo, Gemma Kalon, Al-Hadad

Is essentially the authority under the constitution to make laws and subsequently , when the need arises, to alter and repeal them.
THE PECULIAR TASK To prescribe General Rules for the government of society with of course the enactment of it.

Law
refers to statutes which are the written enactments of the legislature governing the relations of the people among themselves and the government and its agencies.

Defines the rights and duties of citizens Imposes taxes Appropriate funds Defines crimes and provides for their punishment Creates and abolishes government offices Determine their jurisdiction and functions

IN GENERAL- REGULATES HUMAN CONDUCT AND THE USE OF PROPERTY FOR THE PROMOTION OF THE COMMON GOOD

It has been created in place of the unicameral set-up provided in the 1973 ConstitutioN ADVANTAGES OF BICAMERALISM
A Second chamber (Senate) is necessary to serve as a check to hasty and ill-considered legislation; It serves as a training ground for future leaders; It provides a representation for both regional and national interest; Less susceptible to bribery and control of big interest; It is traditional form of legislative body dating from ancient times; as such, it has been tested and proven in the crucible of human experience.

Has not work out as an effective fiscalizing machinery Although it affords a double consideration of bills, it is no assurance of better considered and better deliberated legislation It produces duplication of efforts and serious deadlocks in the enactment of important measures w/ the Conference committee of both houses, derisively called the third chamber, practically arrogating unto itself the power to enact law under its authority to thresh out differences; All things being equal, it is more expensive to maintain than a unicameral legislature The prohibitive costs of senatorial elections have made it possible for only wealthy individuals

Plenary or General
Except to the extent reserved to the people by the provision on initiative and referendum

Legislative powers not expressly delegated deemed granted


The L-power of our congress are broader than to the American congress, hence powers that cannot be reasonably implied from the granted powers are denied to the American Congress.

Primary power is to legislate


GENERAL L-P
Power to enact laws intended as rules of conduct to govern the relations among individuals and the state. Is Congress can enact any law?

SPECIFIC POWERS
They are powers w/c the Constitution expressly directs or authorizes Congress to exercise (e.g. Power to Impeach)

IMPLIED POWERS
They are essential or necessary to the effective exercise of the powers expressly granted. (e.g. To punish for contempt)

INHERENT POWERS
They are powers w/c are possessed and can be exercised by every government because they exist as an attribute of sovereignty. (e.g. police power)

PRESIDENTIAL SYSTEM
UNDER THIS VIRTUE, THE PRINCIPLE IS DEVIDED INTO THREE-3 DISTINCT CLASSES:
LEGISLATIVE EXECUTIVE JUDICIAL
To promote governmental efficiency by insuring that all functions of government are performed by the people, especially assigned to discharged them.

Under this adopted system by the 1935 Charter and the present Constitution, The President is elected directly by the people for a fixed term of office

Parliamentary system
There is fusion rather than a separation between the two organs so that in a sense, the two are one body performing 2 governmental functions: (1) policy-making (2) policy-executing Under this system the Prime Minister who is the head of government is elected by parliament w/o a fixed term of office.

French presidential parliamentary system


Variant of 2 government (e.g. cabinet and Prime Minister Fifth Republic-established in 1958; present Frances Government The French model has strong President alongside the Prime Minister who is the Chief Executive.

It is observed along w/ the doctrine of separation of powers to make the presidential system workable The 3 co-equal departments are established by the Constitution in as balance position as possible. Therefore they have given certain powers:
Checks by the President-the Pres may veto or disapprove bills enact by the congress and through the pardoning power, he may modify or set aside the judgments of the courts.

Checks by Congress- they may override the veto of the Pres, reject certain appointments unto the Pres, impeach the pres and members of the supreme court, etc

Checks by the Judiciary- w/ the Supreme Court as the Final arbiter may declare legislative measures or executive acts unconstitutional and determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Congress of the President.

The

senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

No

person shall be a senator unless he is a natural born citizen of the Phils, and, on the day of the election, is at least 35 years of age, able to read and write, a registered voter, and a resident of the Phils for not less than 2 years immediately preceding the day of election.

The term of office of the Senator shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Before they enter on their execution of their office, the President, the Vice-President, or the acting president shall take the oath of affirmation. Oath or affirmation of the President, VicePresident, or Acting President Oath is an outward pledge made under an immediate sense of responsibility to God.

1.If the President , Vice-President, or Acting President does not believe in God, he makes an affirmation. 2. Oath-taking marks the formal induction of the President, Vice-President, or Acting President in the office. 3. The president is enjoined by the constitution, among others, to pledge in his oath or affirmation to do justice to every man.

The purpose of this oath is to guarantee the truthfulness of what a person is about to say or the fact that he sincerely intends to do what he says by a formal calling upon God to be the witness. An oath however, does not always guarantee truthfulness or compliance with ones solemn vow.

The President shall have an official residence. The salaries of the president and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the government or any other source.

Official residence and compensation of the President and Vice-President

1. 2. 3.

4.

5.

The official residence of the President shall be determined by law. The annual compensation of the President and VicePresident shall be provided by law. During their tenure of office, the President and VicePresident shall not receive any other emolument (e.g., per diems, allowances, and any other remunerations) from the government or any other source. The compensation of the President and Vice-President, as fixed by law, cannot be increased or decreased by Congress during their continuance in office. The Constitution, in the Transitory Provisions, fixes the initial annual salary of the president at P300,000.00 and the Vice-President at P240,000.00. Congress may provide otherwise subject to Section 6. (Art. XVIII, Sec. 17.)

Section 7 The President-0elect and the Vice-Presidentelect shall assume office at the beginning of their terms. If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified. If at the beginning of the term of the president, the President-elect shall have died or shall have become permanently disabled, the Vice-President-elect shall become President

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House Representatives shall act as President until a President or a Vice-President shall have been chosen or qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Section 8

Section 9

Unless otherwise provided by law, regular election of the Senators and the Members of the House of the Representatives shall be held on the 2nd Monday of May.

In case of vacancy in the Senate or in HOR, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or member of the HOR thus elected shall served only for the expired term.

Regular

Election Special Election

The

Salaries of the Senator and Members of the HOR shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all members of the senate and the HOR approving such increase.

Effectivity Increase
Explain on the recent provision

Purpose of restriction
To prevent the salary increase during incumbency

Senator

or Member of the HOR in all offenses punishable by not more than six yrs imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

While congress is in session Every member has the privileged for this, even he is

not attending session. Congress is considered in session, regular or special, for as long as it has not adjourned.

Aim of Privileges Intended to enable members of the Congress to discharge their functions adequately and without fear. (e.g. abused of freedom of speech)

The

immunity cannot be invoke when:


The offense by reason of w/c the arrest is made is punishable by more than 6 yrs imprisonment. The seriousness of the case cannot avail the privilege. Congress is no longer in session and the privilege is a personal one and may be waived.

Freedom from being questioned for speech and debate


When Immunity cannot be claimed

In any place other than in Congress Aim of Privilege-to protect the members against prosecution, but for the benefit of the people, by enabling their representatives to discharge their functions.

The member is not acting as a member of the Congress, for he is not entitled to any privileges above his fellow citizens; nor are the rights of the people affected if he is placced on the same ground on which his constituents stand; and The member is being questioned in Congress itself, whenever said body considers that his words and conduct are disorderly and unbecoming of a member thereof.

Section 12: In case of serious illness of the president, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of staff the Armed Forces of the Philippines, shall not be denied access to President during such illness.

WHEN PUBLIC TO BE INFORMED OF PRESIDENTS STATE OF HEALTH:

- The problem was temporary highlighted during the Presidency of Ferdinand Marcos 1993. * When his illness and lack of provision for succession exacerbated political and economic uncertainties. - In the case of serious illness of the President the public has a right to be informed of the state of his health, particularly during abnormal times, the Constitution declares that Cabinet members in charge of national security and foreign relations and the Chief of Staff not be denied access to the President during illness

Section13: The President, the Vice-Pre, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during tenure. They shall not, during said tenure, directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, or any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads or bureaus of offices, including government-owned or controlled corporations and their subsidiaries.


1.

Disabilities of President, Vice-Pre., Members of Cabinet, and their deputies and assistants

Prohibitions during their tenure - During their tenure, the President, Vice-Pre., Members of Cabinet, and their deputies and assistants are subjected to prohibitions, namely; (a) They shall not hold, unless otherwise provided in the Constitution (Sec.3;Art VII, Sec.8[1]; Art. IX, B-Sec.7 par.2; Art.XII, Sec.9,par.1), any other office or employment. (b) They shall not practice any other profession; (c) They shall not participate, directly or indirectly, in any business.

(d) They shall not be financially interested, directly or indirectly, in any contract with, or in any franchise (see. Art.XII, Sec. 11). Or special privilege granted by the government or any subdivision, agency or instrumentality thereof including any government-owned or controlled corporation or their subsidiaries ; and (e) They shall strictly avoid conflict of interest (between personal or family interest and public interest) in the conduct of their office. 2. Purpose if prohibitions - To insure that the officials mentioned will devote their full time and attention of their official duties, prevent them from extending special favors to their own private business which comes under their official jurisdiction, and assure the public that they will be faithful and dedicated in the performance of their functions.

3. Other officials subject to similar prohibition - Similar restrictions apply to the Members of Congress (Art.VI, Secs.13-14) and of the Constitutional Commissions (Art.IX, A-Sec.2.), and the Tanodbayan and his Deputies. (Art.XI Sec. 8.) They seek to stress the principle that public office is a public trust.

Section 14 Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or re-assumption of office.

Power and functions of Acting President - He exercises the powers and functions of the Office of the President until a President shall have qualified or shall have been elected and qualified (Sec.7 & 8) He is not the incumbent President. He has not become the President to serve the unexpired portion of the term. There is only a temporary vacancy. (2) Revocation by elected President of the appointments. - The appointment extended by an Acting Pre. Are naturally valid and effective. However, the elected Pre. Is given the power to revoke them. He should not be forced to endure important appointments he cannot accept. But he must make the revocation within 90 days form his assumption or re-assumption of office. The period is deemed sufficient to enable him to study the appointments.
(1)

Appointments extended by an Acting President:

SEC. 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

(1) Prohibited if made within two (2) months before. Section 15 prohibits an incumbent or Acting President to make appointments within two (2) months preceding the date of the next presidential election and thereafter until the expiration of the term of the incumbent President or the tenure of the Acting President. The purpose is to stop or curb the possible misuse by the outgoing President of the power of appointment for the purpose of enlisting political support during the Presidential election and for partisan considerations after his defeat.

mass midnight - appointments or last minute appointments to favored party men or recommendees of political supporters. (2) Exceptions. - Temporary appointments to executive positions when continued vacancies would prejudice public service or endanger public safety are not covered by the prohibition. Note the requisites: the appointments must be: (a) temporary in nature; (b) to executive positions; and (c) urgent in the interest of public service or public safety. It is debatable whether permanent appointments by the President to judicial positions are also covered by the prohibition.

(3) Allowed if made more than two (2) months before. Appointments, whether permanent or temporary, to executive or judicial position, extended by the incumbent or Acting President more than two (2) months preceding the date of the next Presidential election, are valid. Section 15 prohibits are appointments, whether permanent or temporary, to executive positions, made within the two (2)-month period except in respect to temporary appointments to executive positions which have to be filled immediately.

SEC. 16. 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 colonel or naval captain and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress.

Appointment is 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.

The power of appointment is intrinsically an executive prerogative. The legislative body creates the office, defines its powers, limits its duration, and provides the compensation. This done, its legislative power ceases. It has nothing to do with designating the man to fill the office. The executive nature of the appointing power does not imply that no appointment by Congress and the Courts can be made. They may also appoint those officers who are necessary to the exercise of their own functions.

(1)

Under Section 16. - The power of the President to appoint high officers in the government is shared by the Commission on Appointments power to ratify or reject. The officials whom the President is authorized to appoint under Section 16 are:

(a) The heads of executive departments, ambassadors, and other public ministers and consuls; (b) The officers of the Armed Forces of the Philippines from the rank of colonel or naval captain; (c) Other officers whose appointments are vested in the President by the Constitution;

(d)

(e)

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 heads of governmentowned or controlled corporations, department undersecretaries, heads of bureaus and offices, and other officials.

(2) Under other provisions. - The President, likewise, under other provisions of the Constitution , appoints the members of the: Supreme Court and judges of lower courts including Sandiganbayan. 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 Elections. The Chairman and the Commissioners of the Commission on Audit. The Ombudsman and his Deputies. The Constitution does not state the appointing authority with respect to the Chairman and Members of the Commission on Human Rights.

Only the officers in the first three (3) groups enumerated in Section 16 are appointed by the President with the consent (confirmation) of the Commission on Appointments. (1) Department undersecretaries and heads of bureaus and certain offices under the different departments which are not called bureaus like the: Securities and Exchange Commission Insurance Commission National Irrigation Administration
are no longer included among those whose appointments are to be confirmed by the Commission on appointments. The purpose is to insulate them from the baneful influence of partisan politics. They are civil service officers whose appointments are supposed to be made only according to merit and fitness.

(2) The members of the judiciary and the Ombudsman and his Deputies are appointed by the President upon recommendation of the Judicial and Bar Council without need of confirmation by the Commission on appointments. (3) The appointment of the Chairman and Members of the Commission of Human Rights does not also require confirmation by the Commission on Appointments. Not subject to confirmation are the ranking officers of the Philippine National Police (PNP) which is a civilian organization distinct from the Armed Forces of the Philippines (AFP).

Congress may, by law, vest in the courts, heads of departments, agencies, commissions, or boards, the power to appoint other officers lower in rank (e.g., Chiefs of divisions or sections) in their respective offices. lower in rank - refers to officers subordinate to those enumerated officers in whom respectively the power of appointment may be vested: The heads of executive departments, agencies, commissions, and boards. Appointments of minor employees may also be vested in them. The Supreme Court appoints all officials and employees of the judiciary. The phrase does not include heads of bureaus and offices not specifically mentioned in the Constitution as among those to be appointed by the President who are subordinates of Cabinet members. By law, their appointments are vested in the President.

Kinds of presidential appointments (1) Submission to Commission on Appointments, Appointments which are required to be submitted to the Commission on Appointments are either: (a) regular appointments or those made during the sessions of Congress (Sec. 16, par. 1.) (b) ad interim appointments or those made during a recess of Congress. (Ibid., par. 2.) (2) Stages in regular appointments. - With respect to regular appointments subject to confirmation by the Commission on Appointments, the President issues a nomination as a preliminary to appointment, to be approved by the Commission on Appointments. So there is no appointment yet in the strict sense until it is confirmed. It is clear that there are (3) three stages in regular appointments, to wit: Nomination by the President. Consent by the Commission on Appointments Appointment by the President.

(1) Recess of Congress. The second paragraph Sec. 16 refers to ad interim appointments or appointments made by the President during the recess of Congress, whether such recess is voluntary or compulsory. Compulsory recess takes place when Congress adjourns. voluntary recess is that which takes place before the adjournment of Congress, like a Christmas recess. Under the Constitution, the Commission on Appointments, which approves major appointments of the President, meets only when Congress is in session. (Art. VI, Sec. 19.). The recess appointment power keeps in continuous operation the business of government when Congress is not in session.

(2) Effectivity of appointments - The appointments shall cease to be effective upon rejection by the Commission on Appointments or, if not acted upon , at the adjournment of the next session, regular or special, of Congress. In other words, in the second situation, the appointment remains effective until the end of the session following such appointment or until the next adjournment, not until the next (Voluntary) recess. This is to give the Commission on Appointment before confirming or rejecting it.

Permanent one which is issued to a person who meets all the requirements for the position to which he is appointed. it lasts until it is lawfully terminated. The holder of such appointment cannot be removed only for cause. Temporary or acting one which is issued to a person who meets all the requirements for the position to which he is being appointed except the appropriate civil service eligibility. it shall not exceed 12 months, but the appointee may be replaced sooner if a qualified civil service eligible becomes available. The holder of such appointment may be removed any time even without a hearing or cause.

(1) Appointment It is the act of the appointing power. It may include the issuance by the President of the commission, which is the written evidence of the appointment. (2) Acceptance It is the act of the appointee. He may or may not accept the appointment. But acceptance thereof is necessary to enable him to have full possession, enjoyment, and responsibility of an office. It is not, however, necessary to the legality of the appointment. Kinds of acceptance (1) Express - when done verbally or in writing (2) Implied when, without formal acceptance, the appointee enters upon the exercise of the duties and functions of an office.

Designation is 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. It is, therefore, different from appointment.

Removal is the ouster of an incumbent before the expiration of his term of office. (1) Not expressly granted The Constitution contains no provisions expressly vesting in the President the power to remove executive officials from their posts. (2) Impliedly granted - Nevertheless, the power is possessed by him, as it is implied from any of the following, to wit: (a) from his power to appoint which carries with it the power; (b) from the nature of the executive power exercised by the President, the power to remove being executive in nature (Sec. 1)

(c) from the Presidents duty to execute the laws (see Secs. 5, 17); (d) from the Presidents control of all departments, bureaus and offices (Sec. 17.); and (e) from the provision that no officer or employee in the Civil Service shall removed or suspended except for cause provided by law. (Art. IX, B-Sec. 2[3].) (3) Removal power of other offices Where the power to appoint is vested by law in the courts, the heads of departments. Congress may also provide that those appointed may be removed by them, subject to such restrictions as it deems best to impose for the public interest.

(1) With respect to officers exercising purely executive functions whose tenure is not fixed by law (i.e., members of the Cabinet), the President may remove them with or without cause and Congress may not restrict such power. (2) With respect to officers exercising quasi-legislative or quasi-judicial functions (e.g., members of the Securities and Exchange Commission), they may be removed only on grounds provided by law to protect their independence on the discharge of their duties; (3) With respect to constitutional officers removable only by means of impeachment (see Art. XI, Sec. 2), and judges of lower courts (Art. VIII, Sec. 11), they are not subject to the removal power of the President; and (4) With respect to civil service officers, the president may remove them only for cause as provided by law. (Art. IX,B-Sec. 2[3].)

Sec. 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

(1) Role of President as administrator The above provision emphasizes the role of the President as administrator. As administrative head, the duty of the President is to see to it that every department, bureau and office under the executive branch is managed and maintained properly by the person in charge of it in accordance with pertinent laws and regulations. (2) Powers giving control There are two factors that contribute to the effective hold and control of the President over all executive departments, bureaus and offices, to wit: (a) The power of appointment (Sec. 16), with which he may choose men of competence and confidence; (b) The power of removal (which is implied in the power to appoint), with which he may weed out incapable and dishonest officials.

(1) Over cabinet members The power of control of the President is in line with the concept of Cabinet members serving as alter egos (Lat., another I.) of the President. It implies that he may alter or modify or set aside what a subordinate officer had done in the performance of his duties and to substitute his judgment for that of the latter, act directly on any specific function entrusted to the offices concerned , direct the performance of a duty , restrain the commission of acts, determine priorities in the execution of plans and programs, and prescribe standards, guidelines, plans and programs.

(2) Over other subordinate officers The power of control of the President over all executive departments, bureaus and offices is not just over the heads thereof but extends to all other subordinate officers. It includes the power to supervise, investigate, suspend, or remove officers and employees who belong to the executive branch if they are appointed by him or do not belong to the career service. (3) Over officers and employees in the career service The President, however, has no authority to directly investigate and thereafter remove even for cause, an officer or employee who belongs to the career service. Such officer or employee fall under the original and exclusive jurisdiction of the Civil Service Commission insofar as investigation is concerned. A direct action of the President would deprive them due process as guaranteed by the Civil Service Law.

(1) Primary function of President As the Executive in whom the executive power is vested (Sec. 1), the primary function of the President is to enforce the laws. Before assuming office, he is required to take an oath or affirmation to the effect that as president of the Philippines, he will, among others, execute its laws. (Sec. 5.) Now, he shall insure, that the laws be faithfully executed. (Sec. 17.) (2) More of a mandatory duty than a power The function of the President to see that the laws are faithfully executed is more a duty than a power, to be discharged by him personally and through subordinates under his control or supervision. To say that the President can forbid the execution of the laws is tantamount to investing him with the power to make a mockery of the legislative process and the administration of justice. It is his mandatory duty to enforce the laws of the land regardless of his opinion about their wisdom, advisability or validity. A law is presumed valid and constitutional until judicially declared otherwise.

There shall be a commission on appointments consisting of the President of the Senate, as ex officio Chairman, 12 Senators and 12 members of the HOR, elected by each House on the basis of the proportional representation from the political parties and the parties or organization registered under the party-list system represented therein. The Chairman of the commission shall not vote, except in the case of the tie. The Commission shall act on all appointments submitted to it within 30 session days of the congress from their submission. The commission shall rule by a majority vote of all the members.

Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgement. He shall also have the power to grant ammnesty with concurrence of majority of all the Members of the congress.

The power to grant pardon and other acts of clemency to violators of the law is traditionally vested in chief Executive of the nation.

Reprieve
Is the postponement of the execution of a death sentence to a certain date.

Suspension of sentence
Is the postponement of a sentence for an indefinite time.

Act of grace proceeding from the power entrusted with the execution of the laws (president) which exempts the individual on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.

The reduction of the sentence imposed to a lesser punishment, as from death to life imprisonment.

They are:
1.

Absolute

2.

When it is not subject to any condition whatsoever. It becomes effective when made. Conditional When it is given sunject to any condition or qualification the president may see fit. It must be accepted by the offender to become effective.

1. 2. 3.

4.

It may not be exercised for effenses in impeachment cases. It may be exercised only after conviction by final judgment. It may be exercised over civil contempt (as for refusing to answer a proper question when testifying as a witness in a case) 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.

1.

2.

3.

It removes penalties and disabilities and restores him to his full civil and political rights; 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 It does not restore offices, property, or rights vested in others in consequence of the conviction.

The president has the power to remit fines and forfeitures for all offenses after final conviction. This power may not be exercised by any officer other than the president. But congress may constitutionally authorize other officers such as heads of departments or bureau chiefs to remit administrative fines and forfeitures.

Remission

prevents the collection of fines or the confiscation of forfeited property

Meaning of Amnesty:
- 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.

Amnesty abolishes and puts into oblivion the offense of which one is charged, so that the person released by amnesty stands before the law precisely as through he had committed no offense.

Distinctions are: 1. Pardon is granted by the President alone after conviction, while amnesty, with the occurrence of congress before or after conviction; 2. Pardon is an act of forgiveness, it relieves the offender from the consequences of the offense, while amnesty is an act of forgetfulness, it puts into oblivion the offense of which one is charged so that the person released by amnesty stands in the eyes of the law as if he had never committed the offense

3. Pardon is granted for infractions of the peace of the state, while amnesty, for crimes against the sovereignty of the state (i.e political offenses) 4. Pardon is a private act of the president which must be pleaded and proved by the person who claims to have been pardoned, because the courts take no judicial notice thereof, while amnesty by proclamation of the president with the concurrence of the congress is a public act of which the courts will take judicial notice.

The president may contract or guarantee foreign loans on behalf of the republic of the philippines with the prior concurrence of the monetary board, and subject to such limitations as may be provided by law. Monetary board shall, within thirty days from the end of every quarter of the calendar year, submit to the congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

1.

Exclusive executive function The president foreign loans on behalf of the republic of the Philippines without the need of prior congressional approval. When obtained by private persons, natural or judicial, he may guarantee such loans. There is possibly no official better qualified to enter into such negotiation than the president.

2. Concurrence of menetary board required: The authority of the president is not absolute. The contract or guarantee must be with the prior concurrence of the monetary Board of the central bank now, Bangko Sentral ng Pilipinas (BSP), which required to make a report to congress containing the matters mentioned.

3. Checks by congress. The reasons for not requiring congreesional approval for foreign loans are; first the loans urgently needed by the country may no longer be available when concurrence which usually takes some time is finally obtained, and second, an obstructionist congress could withhold approval for political reasons.

No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the senate.

Meaning of treaty: A treaty may be defined as a compact made between two or more states, including international organizations of states, intended to create binding rights and obligations upon the parties thereto. Thus, a treaty may be bilateral or multilateral. It is also known as a pact, convention, or charter.

As an international agreement between states this definition excludes agreements entered into between states and international organizations. Hence, the need to introduce the phrase as among those requiring the concurrence of the senate.

Executive agreements which have been traditionally recognized in the Philippines to be well within the prerogative of the President to make without need for legislative concurrence.

There are two general steps in the entire treaty-making process, namely : 1. Negotiation. In the field of negotiation, President alone has the sole authority. The reason is that secrecy, dispatch, and access to information are essential ingredients in this task which the president alone possesses.

2.) approval or ratification as a general rule, no treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of the senate.

Budgetary power of the president. The president is entrusted by the constitution with the task of preparing the budget of receipts and expenditures based on existing and proposed revenue measures and other sources of financing (e.g. loans) and submitting it to congress within 30 days from the opening of each regular session.

The president shall address and congress at the opening of its regular session. He may also appear before it at any other time. Prerogative to address and appear before congress. This provision furnishes an opportunity on the part of the president at the opening of the regular session of Congress to give information on the state of the nation and to recommend to the consideration of the legislative body such measures are, of course, merely proposals.

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