Legislative
1. Legislative power - legislative power is the power to make laws and to alter and repeal them
2. freedom from arrest
-not more than 6 months
- while congress is in session
3. speech and debate privilege (parliamentary privilege)
- made in congress or any commissions thereof
- made in line with his official functions
4. power to augment - power to authorize by law the ...... to augment items
5. legislative inquiries in aid of legislation
6. question hour
7. contempt power
8. congressional oversight
a. scrutiny
b. investigation
c. legislative supervision (legislative veto) - unconstitutional
9. informing power -
10. power of impeachment
inhibitions and disqualifications
1. incompatible office - May not hold any other office or employment in the government during his term
without forfeiting his seat
2. forbidden office - May not be appointed to any office
created or whose emoluments were
increased during the term for which
he was elected
- even if he forfeits his sit
3. conflict of interest - Shall not be financially interested,
directly or indirectly, in any contract
with, or franchise or special
privilege granted by the government
during his term of office
4. Shall not intervene in any matter
before any office of the government
when it is for his pecuniary benefit
or where he may be called upon to
act on account of his office
5. Cannot personally appear as
counsel before any court, electoral
tribunal, quasi judicial and
administrative bodies during his
term of office
EXECUTIVE
Executive (through the President)
1. presidential immunity
-co-extensive with tenure not term
2. Presidential Privilege
- the right of the President and high-level
executive branch officers to withhold
information from Congress, the courts, and
ultimately the public
3. Executive power
This refers to the President’s power to enforce,
implement, and administer laws. The President
shall ensure that the laws be faithfully executed
4. power of control and supervision
Control is essentially the power to [1] alter or
modify or nullify or set aside what a subordinate
officer had done in the performance of his
duties; and to [2] substitute the judgement of
the former with that of the latter [Biraogo v.
Philippine Truth Commission
control - exercised over all executive departments, office or agency
supervision - lgu
5. Emergency powers to the President - power delegated to the President by Congress necessary to carry
out a deckared national policy (note that the national policy must be declared by congress)
- note that generally it is the legislative who may declare a national emergency through a law. But the
President may also declare a national emergency, but in this case, it cannot exercise any emergency
powers until delegated to him by the President.
- must be for a limited period only
- must be subject to restriction provided for by congress
- ceases when withdrawn by congress or when they failed to adopt it upon the next adjournment
- must be through a legislation
-different from declaring a state of emergency
- different from calling out powers
the 2 dont need legislation - part of discretion
6. Commander-in-chief powers
1. calling out powers
- as commander in chief of the AFP, he may call out such armed forces in cases of:
a. lawless violence
b. rebellion
c. invasion
2. suspend the privilege of the writ of habeas corpus or place the Philippines or any parts thereof under
martial law
a. rebellion
b. invasion; and
c. when public safety requires it
d. must be for a period not exceeding 60 days
Within forty-eight hours from the
proclamation of martial law or the
suspension of the privilege of the writ of
habeas corpus, the President shall submit a
report in person or in writing to the Congress.
The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular
or special session, may revoke such
proclamation or suspension, which
revocation shall not be set aside by the
President.
Upon the initiative of the
President, the Congress may, in the same
manner, extend such proclamation or
suspension for a period to be determined by
the Congress, if the invasion or rebellion
shall persist and public safety requires it.
7. exeutive clemency
8. Diplomatic Power
9. residual powers
Residual powers are unstated powers
possessed by the President which are 1) not
enumerated in the Constitution, 2) implied with
the grant of executive power, and 3) not
possessed by the legislative and judiciary
Disqualification
note: applies to the President, vice-president, members of the cabinet and their deputies and assistant
1. shall not receive any other emoluments from the government or from any other source.
2. unless otherwise provided in the constitution - shall not hold any other office or employment
-incompatible office
xpn: positions held by them in an ex-oficio capacity and without additional emoluments
3. shall not practice any profession, participate in any business or be financially interested in any
contract, franchise or special privilege granted by the government or by any agency, subdivisions,
intstrumentality or GOCC's.
4. strictly avoid conflict of interest in the conduct of their office
5. May not appoint (a) spouse; or (b)
relatives by consanguinity or affinity
within the fourth civil degree as
members of Constitutional
Commissions, or the Office of the
Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads
of bureaus or offices, including
government-owned or controlled
corporation and their subsidiaries.
