Scope of executive power
Parole
1. Executive power is vested in the President of the
Philippines.
2. It is not limited to those set forth in the
Constitution (Residual powers).
3. Privilege of immunity from suit is personal to the President
and may be invoked by him alone. It may also be waived by
the President, as when he himself files suit.
Specific powers of the President
1. Appointing power
The selection of an individual who is to exercise the functions
of a given office. It may be made verbally but it is usually
done in writing through what is called the commission
Power of Removal
GR: From the express power of appointment, the President
derives the implied power of removal.
XPN: Not all officials appointed by the President are also
removable by him since the Constitution prescribes certain
methods for the separation from the public service of such
officers
2. Power of control over all executive departments,
bureaus and offices
The power of an officer to alter or modify or nullify or to set
aside what a subordinate has done in the performance of his
duties and to substitute one’s own judgment for that of a
subordinate.
3. Commander-in-Chief powers
COMMAND OF THE ARMED FORCES – absolute authority
over the persons and actions of the members of the armed
forces
CALLING-OUT POWERS – Call the armed forces to prevent or
suppress lawless violence, invasion, or rebellion. The only
criterion for the exercise of this power is that whenever it
becomes necessary.
SUSPENSION of the privilege of the writ of habeas corpus
4. Pardoning power
An act of grace, which exempts individual on whom it is
bestowed from punishment, which the law inflicts for a crime
he has committed. As a consequence, pardon granted after
conviction frees the individual from all the penalties and legal
disabilities and restores him to all his civil rights. But unless
expressly grounded on the person’s innocence (which is rare),
it cannot bring back lost reputation for honesty, integrity and
fair dealing.
Kinds of executive clemency
1. Reprieve
The postponement of sentence to a date certain, or stay of
execution.
2. Commutations
The reduction or mitigation of the penalty, from death
penalty to life imprisonment, remittances and fines.
Commutation is a pardon in form but not in substance,
because it does not affect his guilt; it merely reduces the
penalty for reasons of public interest rather than for the sole
benefit of the offender.
3. Remission of fines and forfeitures
Merely prevents the collection of fines or the confiscation of
forfeited property. It cannot have the effect of returning
property which has been vested in third parties or money
already in the public treasury.
4. Probation
A disposition under which a defendant after conviction and
sentence is released subject to conditions imposed by the
court and to the supervision of a probation officer.
5.
The suspension of the sentence of a convict granted by a
Parole Board after serving the minimum term of the
indeterminate sentence penalty, without granting a pardon,
prescribing the terms upon which the sentence shall be
suspended.
6. Amnesty
The grant of general pardon to a class of political offenders
either after conviction or even before the charges is filed. It is
the form of executive clemency which under the Constitution
may be granted by the President only with the concurrence of
the legislature.
5. Borrowing power
6. Diplomatic/Treaty-making power
7. Budgetary power
8. Informing power
9. Veto power
10. Power of general supervision over local governments
11. Power to call special session
JUDICIAL DEPARTMENT
The duty of the courts of justice to settle actual controversies
involving rights, which are legally demandable and
enforceable and 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.
Judicial inquiry
The power of the court to inquire into the exercise of
discretionary powers to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess
of jurisdiction.
JUDICIAL REVIEW
The power of the SC to determine the constitutionality of a
law, treaty, ordinance, presidential issuance, and other
governmental acts.
Req
1. Actual Case - An existing case or controversy which is
both ripe for resolution and susceptible of judicial
determination, and that which is not conjectural or
anticipatory, or that which seeks to resolve hypothetical
or feigned constitutional problems.
2. Proper Party - One who has sustained or is in immediate
danger of sustaining an injury as a result of the act
complained of. To have standing, one must show that:
a. he has suffered some actual or threatened injury as a
result of the allegedly illegal conduct of the government;
b. the injury is fairly traceable to the challenged action;
and
c. the injury is likely to be redressed by a favorable action
3. Earliest opportunity– Constitutional question must be
raised at the earliest possible opportunity
GR: It must be raised in the pleadings.
XPN: 1. Criminal case – It may be brought at any
stage of the proceedings according to the discretion
of the judge (trial or appeal) because no one shall be
brought within the terms of the law who are not
clearly within them and the act shall not be punished
when the law does not clearly punish them.
2. Civil case – It may be brought anytime if the
resolution of the constitutional issue is inevitable in
resolving the main issue.
3. When the jurisdiction of the lower court is in
question except when there is estoppel.
4. Necessity of deciding constitutional questions – As long as
there are other bases which courts can use for decision,
constitutionality of the law will not be touched, thus, courts
should refrain from resolving any constitutional issue "unless
the constitutional question is the lis mota(the cause of the
suit or action) of the case."
Scope of Judicial Review
The courts have the power to pass upon the validity and the
constitutionality of laws enacted by the legislature, and other
bodies of the government, under the doctrine of checks and
balances.
Principle of Stare Decisis
Deemed of imperative authority, controlling the decisions of
like cases in the same court and in lower courts within the
same jurisdiction, unless and until the decision in question is
reversed or overruled by a court of competent authority.
Functions of judicial review
1. Checking – Invalidating a law or executive act that is found
to be contrary to the Constitution. 2. Legitimizing – Upholding
the validity of the law that results from a mere dismissal of a
case challenging the validity of the law.
3. Symbolic – To educate the bench and bar as to the
controlling principles and concepts on matters of grave public
importance for the guidance of, and restraint upon the
future.
OPERATIVE FACT DOCTRINE
Under this doctrine, the law is recognized as unconstitutional
but the effects of the unconstitutional law, prior to its
declaration of nullity, may be left undisturbed as a matter of
equity and fair play. It is a rule of equity
Political Question Doctrine
The doctrine that the power of judicial review cannot be
exercised when the issue is a political question. It constitutes
another limitation on such power of the judiciary.
SAFEGUARDS OF JUDICIAL INDEPENDENCE Constitutional
safeguards that guarantee the independence of the judiciary
1. The SC is a constitutional body and may not be abolished
by law.
2. Members are only removable by impeachment.
3. The SC may not be deprived of its minimum and appellate
jurisdiction; appellate jurisdiction may not be increased
without its advice or concurrence.
4. The SC has administrative supervision over all inferior
courts and personnel.
5. The SC has exclusive power to discipline judges/justices of
inferior courts.
6. The members of the judiciary enjoy security of tenure.
7. The members of the judiciary may not be designated to any
agency performing quasi-judicial or administrative functions.
8. The salaries of judges may not be reduced; the judiciary
enjoys fiscal autonomy.
9. The SC alone may initiate the promulgation of the Rules of
Court.
10. The SC alone may order temporary detail of judges.
11. The SC can appoint all officials and employees of the
Judiciary.
Judicial Privilege (Deliberative Process Privilege or DPP)
The privilege against disclosure of information or
communications that formed the process of judicial decisions.
This applies to confidential matters, which refer to
information not yet publicized by the Court like (1) raffle of
cases, (2) actions taken in each case in the Court’s agenda,
and (3) deliberations of the Members in court sessions on
case matters pending before it.
Purpose of Judicial Privilege
To prevent the ‘chilling’ of deliberative communications. It
insulates the Judiciary from an improper intrusion into the
functions of the judicial branch and shields judges, justices,
and court officials and employees from public scrutiny or the
pressure of public opinion that would impair their ability to
render impartial decisions.
Requisites for a document to be protected by DPP It must be
shown that the document is both:
1. Predecisional – If they were made in the attempt to reach a
final decision; and
2. Deliberative – If it reflects the give-and-take of the
consultative process such as the disclosure of the information
would discourage open discussion within the agency.
XPN: If the intent only is for them to identify or certify the
genuineness of documents within their control that are not
confidential and privileged, their presence in the
Impeachment Court may be permitted.
JBC ON CODAL (ROLE,COMPOSITION,TERMS)
SC(ROLE,COMPO,TERMS)
Cases that should be heard by the SC en banc (TRuPDE-PreJ)
(1996, 1999 Bar)
1. All cases involving the constitutionality of a Treaty,
international or executive agreement, or law;
2. All cases which under the Rules of Court may be required
to be heard en banc;
3. All cases involving the constitutionality, application or
operation of Presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations;
4. Cases heard by a Division when the required majority in
the division is not obtained;
5. Cases where the SC modifies or reverses a doctrine or
principle of law Previously laid either en banc or in division;
6. Administrative cases involving the discipline or dismissal of
Judges of lower courts;
7. Election contests for president or vice-president.
Appellate jurisdiction of the SC(CODAL)
Scope of the rule-making power of the SC
1. The protection and enforcement of constitutional rights
2. Pleadings, practice and procedure in all courts
3. Admission to the practice of law
4. The Integrated Bar
5. Legal assistance to the underprivileged
Limitations on its rule making power
1. It should provide a simplified and inexpensive procedure
for the speedy disposition of cases. 2. It should be uniform for
all courts of the same grade.
3. It should not diminish, increase, or modify substantive
rights.
Requirements for the decisions of the SC(CODE)
(ART VIII SEC 5 PAR 1-2)
Original Jurisdiction
Appellate Jurisdiction SC may review, revise, reverse, modify,
or affirm final judgments and orders of lower courts in: