by (a)   , the President may reorganize

executive offices, including the deactivation of

the functions of a particular executive office.

The President’s power to _____ ___________

pursuant to his _____ _______ includes the reduction of

personnel, consolidation of officers, or abolition thereof

by reason of economy or redundancy of functions

(a)  

He can also direct all government entities, in the exercise of their functions

under existing laws, to adopt a uniform ID data collection

and ID format to achieve savings, efficiency, reliability,

compatibility, and convenience to the public.

(a)  

By his power of control, the President is free to _____, _____

or rescind ‘political agreements’ entered into by his

predecessors, and to determine policies which he considers,

based on informed judgment and presumed wisdom, will be

be most effective in carrying out his mandate.

(a)  

The President’s power of control also includes the power to

________ and impose a penalty, and this is exercised by the

President over ____________. This is consistent with

the well-settled principle that, in the absence of a contrary

law, the power to remove or to discipline is lodged in the same

authority in whom the power to appoint is vested

(a)  

The power to (a)   includes the power to impose

preventive suspension. Hence, considering that the

President is the authority to investigate presidential

appointees, he is also the authority to impose preventive

suspension upon them.

All executive and administrative organizations are ________of the Executive

Department, the heads of the various executive departments are assistants and

_____ of the Chief Executive, and, except in cases where the Chief Executive is

required by the Constitution or law to act in person or the exigencies of the

situation demand that he act personally, the multifarious executive and

administrative functions of the Chief Executive are performed by and through the

executive departments, and the acts of the Secretaries of such departments,

performed and promulgated in the regular course of business, are, unless

disapproved or reprobated by the Chief Executive presumptively the acts the

Chief Executive (Villena v. The Secretary of Interior, 67 Phil. 451 [1939])

(a)  

The doctrine remains limited to the

President’s executive secretary and other

cabinet secretaries.

(a)  

It does not extend to acts of a board of

directors although it is composed of cabinet

secretaries where it is the law that sat them

in that board in (a)   capacity.

Where a remedy before an administrative body is

provided by statute, relief must be sought by exhausting

this remedy prior to bringing an action in court in order

to give the administrative body every opportunity to

decide a matter that comes within its jurisdiction.

(a)  

Under the _________, the presumption is that the

action of the Secretary bears the_______ ______ of the President unless the

same is disapproved by the latter. Hence, unless the law provides an appeal

to the Office of the President, a final decision of the Secretary or of any of the

President’s alter egos, when not reprobated by the President, is the last in the

process of exhaustion of administrative remedies.

(a)  

Under his ______ _______ _________, the President decides

the dispute between the two executive offices. The ________

cannot substitute its decision over that of the President. Only after

the President has decided or settled the dispute can the court’s

jurisdiction be invoked (PSALM v. CIR, GR No. 198146 [2017]).

(a)  

enforcement of laws

• The President has the duty of supervising the enforcement of laws for the

maintenance of general peace and public order. Thus, he is granted

__________ ________ over bureaus and offices under his control to enable him

to discharge his duties effectively.

• To this end, he can issue administrative orders, rules, and regulations

(a)  

The President’s authority to issue

administrative orders, rules, and

regulations is either (a)   or

delegated.

The authority is inherent when the President, pursuant to his

control power, exercises his _______ _____ power; a consequence of the President’s control power;The authority is delegated when the President, pursuant to authority

given by the legislature, exercise ______ ______ power

(a)  

the purpose of the administrative issuance is to

provide internal rules or instructions for the executive branch;

(a)  

the purpose of the administrative issuance is to fill in the details of the law

(a)  

In ______ __________Power, the administrative issuance does not bind the public;

In ________ ________Power, the administrative issuance creates rights and obligations

that affect the public at large.

(a)  

In______ ______Power, the administrative issuance is not subject to the

rule of publication for its effectivity; In _____ _____ Power, the administrative

issuance is subject to the rule of publication for its effectivity

(a)  

In _______ ____Power, the delegated power cannot be further delegated by the President.

In ______ _____Power, the power can be delegated by the President to

subordinate executive officials;

(a)  

Over Local Governments and ARMM

• The President of the Philippines shall exercise ________ over local governments (Section 4, Article X). He shall also exercise general supervision over _______ ________ to ensure that laws are faithfully executed (Section 16, Article X).

(a)  

The President’s power of general supervision

means the power of ______ _____ to see to

it that _______ perform their functions

according to law.

(a)  

authority is limited to seeing to it that rules are followed and laws are faithfully executed. The President may only point out that rules have not been followed, but he cannot lay down the rules, neither does he have the discretion to modify or

replace the rules.

(a)  

If the rules are not observed, he may order the work

done or redone, but only to conform to such rules.

He may not prescribe his own manner of execution

of the act. He has no discretion on this matter

except to see to it that the rules are followed.

(a)  

• The President exercises supervisory authority directly over autonomous

regions, provinces, highly urbanized cities (HUCs), and independent

component cities (ICCs), and indirectly through the province with respect to

component cities (CCs) and municipalities and through the city and

municipality with respect to barangays.

(a)  

The act of _________ by the executive officer, board, or body, to whom that

power has been delegated, of the individual who is to exercise the functions of a given office.

• The term _______ applied to the nomination or designation of an individual.

________ signified no more than selection for public office.

(a)  

The President’s power to appoint is a (a)  

power vested by the Constitution itself and thus

not subject to legislative limitations or conditions.

This is in contrast to the power of the heads of agencies, commissions, or

boards to appoint that the Congress may vest under Section 16, Article VII.

The grant of the power to appoint to them is a matter of (a)   .

Congress has the discretion to grant to, or withhold from, the heads of

agencies, commissions, or boards the power to appoint lower-ranked

officers. If it so grants, Congress may impose certain conditions for the

exercise of such legislative delegation, like requiring the recommendation

of subordinate officers or the concurrence of the other members of the

commission or board (Rufino v. Endriga, GR No. 139554 [2006]).

Congress can prescribe qualifications to the

appointive office but it may not _______ on the ________ of the President on whom to appoint.

(a)  

case ruled:

Congress through a law, cannot impose on the President the obligation to

appoint automatically the undersecretary as her temporary alter ego. An alter

ego, whether temporary or permanent, holds a position of great trust and

confidence.

• Congress, in the guise of prescribing qualifications to an office, cannot

impose on the President who her alter ego should be

(a)  

Congress through a law, cannot impose on the President the obligation to appoint automatically the undersecretary as her temporary alter ego. An alter ego, whether temporary or permanent, holds a position of ______ and _______.

_________ in the guise of prescribing qualifications to an office, cannot

impose on the President who her alter ego should be

(a)  

Appointing power of the

President is (a)  

While the act of appointment may in proper cases be the subject of mandamus, the selection itself of the appointee—taking into account the totality of his qualifications, including those abstract qualities that define his personality—is the

(a)   of the appointing authority

Permanent appointments are those extended to persons possessing the

qualifications and the requisite eligibility and are thus protected by the

constitutional guarantee of _______ of _______

(a)  

are given to persons without such eligibility,

revocable at will and without the necessity of just cause or a valid

investigation; made on the understanding that the appointing power has not

yet decided on a permanent appointee and that the temporary appointee may

be replaced at any time a permanent choice is made.

(a)  

A ________ _______is one made by the President while Congress is in

session, takes effect only after confirmation by the Commission on

Appointments, and once approved, continues until the end of the term of the

appointee.

(a)  

An (a)   is one made by the President while Congress is

not in session, takes effect immediately, but ceases to be valid if disapproved

by the Commission on Appointments or upon the next adjournment of

Congress. In the latter case, the ad interim appointment is deemed “by

passed” through inaction.

the ad interim appointment is deemed (a)   through inaction

The (a)   is intended to prevent

interruptions in vital government services that would otherwise

result from prolonged vacancies in government offices.

An ad interim appointment is a (a)   appointment because it takes effect immediately and can no longer be withdrawn by the President once the appointee has qualified into office. The fact that it is subject to confirmation by the Commission on Appointments does not alter its character

An ad interim appointment can be terminated for two

causes specified in the Constitution: __________of the

appointment by the Commission on Appointments, or

____________ _______ without the Commission on

Appointments acting on the appointment.

(a)  

But when an ad interim appointment is by-passed because of ____________ of the Commission on Appointments to _______, there is no final decision by the Commission to give or withhold its consent to the appointment. Absent such decision, the President is free to _______the ad interim appointment.

(a)  

steps in the appointing process:

1. 1. _______by the President, 2. ______by the Commission on Appointments 3._______ of the commission; 4. ________ by the appointee

Appointments extended by an ______shall remain

effective unless revoked by the elected President within

______days from his assumption of office [Sec. 14, Art. VII].

(a)  

____ ________ 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 ___________[Sec. 15, Art. VII]

(a)  

Any vacancy in the Supreme Court must be filled in and the

President is duty-bound to appoint within (a)   days from the

occurrence of the vacancy, regardless of whether the appointment

is made within the prohibited period. The fact that Section 14 and 16

refer only to appointments within the Executive Department renders

conclusive that Section 15 also applies only to the Executive

Department (De Castro v. JBC, GR No. 191002 [2010]

The power of removal maybe implied from the _______ _______

However, the President cannot ______ _______ ___ by him where

the Constitution prescribes certain methods for separation of such officers

from public service, e.g., Chairmen and Commissioners of Constitutional

Commissions who can be removed only by impeachment, or judges who

are subject to the disciplinary authority of the Supreme Court.

(a)  

For presidential appointees, the power to impose penalty resides with the President pursuant to his ______ ____. Full discretion, therefore, is

given to the President to __________ his _______.

(a)  

The President shall be the _____ ______ _____of all armed forces of the Philippines.

(a)  

The Constitution grants the President, as Commander-in-Chief, a sequence of

graduated military powers. From the most to the least benign, these are: the

calling-out power, the power to suspend the privilege of the writ of habeas

corpus, and the power to declare Martial Law

(a)  

Under the doctrine of command responsibility,

superiors or commanders are responsible fo crimes

committed by subordinate members of the armed

forces or other persons subject to their control in

international wars or domestic conflict.

(a)  

The President, being the commander-in-chief of all armed forces, necessarily

possesses control over the military that qualifies him as a superior within the

purview of the command responsibility doctrine.

• Hence, the President, as commander-in-chief of the military, can be held

responsible or accountable under this doctrine.

(a)  

elements of command responsbility:

The existence of a _______-_________ _____between the accused as

superior and the perpetrator of the crime as his subordinate;

• The superior knew or had reason to know that the crime was about to be or

had been committed; and

• The superior failed to take the necessary and reasonable measures to prevent

the criminal acts or punish the perpetrators thereof

(a)  

This so-called (a)   does not dictate or restrict the

manner by which the President decides which power to choose.

Consequently, the Congress and the Supreme Court must necessarily

refrain from calibrating the President’s decision of which among his

extraordinary powers to avail given a certain situation or condition.

Only the President has full _______ to call the military when

in his judgment it is necessary to do so in order to prevent

or suppress lawless violence, ________ or ______. Only

the President is authorized to exercise _________

(a)  

Under the ____________ the President may summon the armed forces to

aid her in suppressing lawless violence, invasion or rebellion; this involves

__________. But every act that goes beyond the President’s calling

out power is considered illegal or ultra vires.

(a)  

When the President calls out the armed forces to suppress

lawless violence, rebellion or invasion, he necessarily

exercises a ________ ___ solely vested in his wisdom. The Court cannot overrule the President’s discretion or substitute its own. The only criterion is that________ ______ the President may call out the

armed forces.

(a)  

• The President has discretionary authority to declare a (a)   . The

Court may only look into the sufficiency of the factual basis for the exercise of

the power (Lacson v. Perez [2001

• In calling out the armed forces, a declaration of a state of rebellion is an ______ _____

• At most, it only gives notice to the nation that such a state exists and that the

armed forces may be called to prevent or suppress it.

• The Court finds that such a declaration is _______ ______. For

all legal intents, the declaration is deemed not written.

(a)  

The full discretionary power to determine the factual basis for the exercise of

the calling-out power rests on the President and the Supreme Court has no

power to review such determination because the third paragraph of Section

18, Article VII speaks of review of the sufficiency of the factual basis of the

proclamation of martial law and the suspension of the privilege of the writ or

the extension thereof. There is no such equivalent provision dealing with the

review of the President’s action to call out the armed forces

(a)  

“liberation of those who may be

in prison without sufficient cause”

(a)  

Requirements

• The President’s power to suspend the writ of habeas corpus is not subject to any condition except for the two requirements:

1. (a)   invasion or rebellion; and

2. 2. Public safety requires it.

In determining the existence of rebellion or invasion, the

President only needs to convince himself that there is

(a)   or evidence showing that more likely

than not a rebellion or invasion was committed or is being

committed (Lagman v. Medialdea [2017])

(a)   involves the prevention of and protection

from events that could endanger the safety of the

general public from significant danger, injury/harm, or

damage, such as crimes or disasters. Public safety is

an abstract term; it does not take any physical form.

The President’s suspension shall be for a period not

exceeding (a)   days

Within____ _____from the suspension, the President

must submit a report in person or in writing to Congress.

(a)  

The Congress, (a)   and by a vote of at least a

majority of all its members, can revoke the suspension.

The President cannot set aside the Congress’ revocation

of his (a)   .

The President cannot, by himself, extend his

suspension. He should ask the (a)   approval.

Upon such initiative or request from the President,

Congress, (a)   and by a vote of at least a

majority of all its members, can extend the suspension

for such period as it may determine.

The extension of the suspension shall only be approved

when the invasion or rebellion persists and_______ ______

(a)  

The Supreme Court may review the sufficiency of the

______ ______ ______, or the extension thereof,

in an appropriate proceeding filed by any citizen

(a)  

The Supreme Court must promulgate its decision within

_____ ______ from the filing of the appropriate proceeding.

(a)  

The suspension of the privilege of the writ applies only

to persons (a)   for rebellion or offenses

inherent in or directly connected with invasion

During the suspension of the privilege of the writ, any

person arrested or detained should be judicially charged

within three days, otherwise, (a)  

The ____ ____shall not be impaired even when the

privilege of the writ of habeas corpus is suspended

(a)  

The President may declare martial law only when there is an

invasion or rebellion and public safety requires such

declaration.• The President’s declaration shall be for a period not exceeding

(a)   days.

in declaring martial law:

Within ____ ______ _____ from the proclamation, the President

must submit a report in person or in writing to Congress

(a)  

The Congress, (a)   and by a vote of at least a

majority of all its members, can revoke the proclamation.

Upon such initiative or request from the President,

Congress, ________ and by a vote of at least a

majority of all its members, can _____ the proclamation

for such period as it may determine

(a)  

Martial law does not suspend the operation of the

Constitution. The Bill of Rights remains (a)   under a

state of martial law.

Martial law does not supplant the functioning of the civil

courts or legislative assemblies, nor authorize the

______ of ________ on military courts and

agencies over civilians where civil courts are able to

function.

(a)  

The emergency powers must be exercised to carry out a (a)  

declared by Congress.

power of the President to pardon or commute a criminal sentence

(a)  

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 judgment.

He shall also have the power to grant amnesty with the

(a)   of all the Members of the

Congress (Section 19, Article VII)

(a)   is an executive function. It is not a function of the judiciary.

Hence, court cannot inquire into the manner in which the President’s

discretionary powers are exercised or into the wisdom for its exercise.

The clemency power is generally (a)   . The President must exercise

this power in person.

An act of grace, proceeding from the power entrusted with the

execution of the laws, i.e., the President, which exempts the

individual on whom it is bestowed, from the punishment the law

inflicts for a crime he has committed.

(a)  

Any act of Congress by way of statute cannot operate to delimit the pardoning

power of the President beyond the instances enumerated by the Constitution in which the President may not extend pardon.

• Under the Constitution, the only instances in which the President may not extend pardon remain to be in:

Impeachment cases. Cases that have not yet resulted in final conviction

Cases involving violations of elections laws, rules, and regulations in which

there was no favorable recommendation coming from the Comelec.

(a)  

A grant of general pardon extended by the government to a group

or class of persons, usually for a political offense.

(a)  

The President is vested with the power to

grant amnesty with the (a)   of all the members of the Congress

The postponement of the execution of a criminal sentence,

especially a death sentence, to a day certain.

(a)  

A remission of a part of the punishment; a substitution of a less

penalty for the one originally imposed.

(a)  

Cancellation or extinguishment of an obligation to pay fines or

surrender forfeited property.

(a)  

who, as (a)   of our foreign

relations, is the head policymaker tasked

to assess, ensure, and protect our national

security and interests;

as Commander-in-Chief of our armed

forces, is the (a)   of the

nation and, as such, duty-bound to defend

our national sovereignty and territorial

integrity

While the President has the sole authority to negotiate and ratify treaties, for

their validity and effectivity in Philippines domestic jurisdiction, treaty-making

is a power shared by the President with (a)  

• The Constitution requires the concurrence of a supermajority of at least two

thirds of all the members of the Senate or of the Senate’s entire composition,

and not only of the members present.