Powers of the President: A Comprehensive Analysis | Summaries Civil Law

Powers of the President

1. Commander-in-Chief Powers (Sec. 18)

a. Calling out Powers (to call out or mobilize the AFP – referring to all personnel of

Government who bear arms including Brgy. Tanods, PNP etc.)

b. Suspension of the privilege of the writ of habeas corpus (do not confuse writ of habeas

corpus vs. the privilege of the writ. The former refers to the document and the latter

refers to the rights of the individual). This only happens during the state of rebellion,

insurgency. This means we can be arrested without a lawful warrant.

(Note: What is the difference of Writ of Habeas Corpus vs. Writ of Amparo – Writ of

Amparo does not stop from the order of the court to produce the body of the unlawful

warrant, it goes beyond that. It can authorize the petitioner to go to the camp itself to

search for the arrested individual. The court can also give protection to the petitioner.

The petitioner can also photocopy important documents in relation to the individual. It

can authorize to put the witness under the witness protection program). What are the

benefits of getting the Writ of Amparo from the Court?

c. Declaration of Martial Law – must secure the consent of Congress

Distinguish the power from the residual powers (Sec. 17, Art.7), any and all powers that is

necessary to protect the welfare of the people (i.e. Marcos vs. Manglapuz)

Section 23, Declaration of a State of National Emergency – it is congress who must declare a

state of State of National Emergency and Congress must delegate the power to the president re

the State of National Emergency

SANLAKAS v. SECRETARY –Oakwood Mutiny (relate to Lacson v. Perez) – declaring state of

rebellion which has no legal consequence.

Olaguer vs. MC – private individual not military; case should be held in regular court and not military

court

Navales v. Abaya – should be held in the military court

Lansang vs. Garcia, - suspension of privilege of writ of habeas corpus; meeting of Liberal Party was

bombed; question if this is political or justiciable issue? Issue held it is justiciable issue.

David vs. Arroyo – declaration of GMA of National Emergency, 20th anniversary of EDSA People Power;

she closed down utilities and newspaper offices; Sec. 23 Par 2 of the Constitution. SC: President has no

power to declare state of national emergency; it is only the congress who can declare but they can

delegate certain powers.

Contracting and guaranteeing foreign loans

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Powers of the President

Commander-in-Chief Powers (Sec. 18) a. Calling out Powers (to call out or mobilize the AFP – referring to all personnel of Government who bear arms including Brgy. Tanods, PNP etc.) b. Suspension of the privilege of the writ of habeas corpus (do not confuse writ of habeas corpus vs. the privilege of the writ. The former refers to the document and the latter refers to the rights of the individual). This only happens during the state of rebellion, insurgency. This means we can be arrested without a lawful warrant. (Note: What is the difference of Writ of Habeas Corpus vs. Writ of Amparo – Writ of Amparo does not stop from the order of the court to produce the body of the unlawful warrant, it goes beyond that. It can authorize the petitioner to go to the camp itself to search for the arrested individual. The court can also give protection to the petitioner. The petitioner can also photocopy important documents in relation to the individual. It can authorize to put the witness under the witness protection program). What are the benefits of getting the Writ of Amparo from the Court? c. Declaration of Martial Law – must secure the consent of Congress Distinguish the power from the residual powers (Sec. 17, Art.7), any and all powers that is necessary to protect the welfare of the people (i.e. Marcos vs. Manglapuz) Section 23, Declaration of a State of National Emergency – it is congress who must declare a state of State of National Emergency and Congress must delegate the power to the president re the State of National Emergency SANLAKAS v. SECRETARY –Oakwood Mutiny (relate to Lacson v. Perez) – declaring state of rebellion which has no legal consequence. Olaguer vs. MC – private individual not military; case should be held in regular court and not military court Navales v. Abaya – should be held in the military court Lansang vs. Garcia, - suspension of privilege of writ of habeas corpus; meeting of Liberal Party was bombed; question if this is political or justiciable issue? Issue held it is justiciable issue. David vs. Arroyo – declaration of GMA of National Emergency, 20th^ anniversary of EDSA People Power; she closed down utilities and newspaper offices; Sec. 23 Par 2 of the Constitution. SC: President has no power to declare state of national emergency; it is only the congress who can declare but they can delegate certain powers. Contracting and guaranteeing foreign loans

Constantino vs. Cuisia Odious Debts – borrowed money from IMF and World Bank c/o Marcos but not channeled to the benefit of Filipino People; thus Cory must renounced these debts. Cory disagreed because we might be blacklisted. SC said President knows what she is doing. Foreign Affairs People’s Movement for Press Freedom, (VFA) – senate declared we will not be allowing military bases; US opened Balikatan Forces Agreement; Sec. 18 States that military bases will not be allowed in PH, otherwise, it must be covered by treaty agreement and ratified by both agreements in both countries and not just mere Presidential Agreement. Petitioners want to know the provisions of VFA; SC said that the agreement is covered by the Executive Privilege of the President not to disclose any part of the agreement since this will jeopardize the ongoing agreement. This was followed by: EDCA (Enhanced Defense Cooperation Agreement) – pinayagan nine sites sa Philippines for the US Military installation complete with airports and structures. Comm. Of Customs vs. Eastern Sea – SC differentiated treaties vs. executive agreement. Treaty – main framework of the agreement; executive agreement provides the details of the main framework Go Tek vs. Deportation Board , - undesirable alien kicked out of Marcos; SC said President has full discretion in this regard; he can expel even if case still pending with the deportation board. Legislative Power of the President  Address the congress thru the SONA done every 4th^ of May  Veto Powers  Emergency Powers Beltran vs. Macasiar - Immunity from suit; you cannot file suit to President while in power; Beltran after the coup d etat wrote an article and said she was scared; Cory filed suit for libel against Beltran; Lawyer of Beltran reasoned that since President is immune from suit, she also cannot file suit since this will hinder her day to day operations; SC said the President has the option to waive immunity. Gloria vs. CA – Gloria as Head or Secretary of Education had rigoddon and a suit was filed against her and she invoked that she is immune just like the President; SC held this is incorrect, he cannot invoke immunity from suit. QUALIFICATIONS OF VICE PRESIDENT (5) , PROHIBITIONS, SALARIES JUDICIAL POWER ART 8 – vested in the courts not only SC

Prudential Bank v. Castro – SC held certification only applies to court decision and not to decision of administrative bodies Consing v. CA – Absence of Certification does not invalidate decision; VOTING CRUZ v. DENR

- About indigenous people; questioned constitutionality; in the voting, result is always 7 (tie three times), it was concluded that the IPRA law (Civil Case) is constitutional  In case of Death Penalty, if tie and cannot decide, result is dismissal Valladolid vs. Inciong, 121 SCRA

the conclusion of the SC, shall be reached for Consultation before assigning for writing of the opinion. NLRC decision; issue; whether Labor Arbiter needs to certify before making a decision; SC said that certification is made that consultation is made after decision because labor arbiter is not a court decision. Nunal V. COA
Resolution of COA is not considered a court decision; thus it is also not required for CJ to certify that decision is made after consultation People vs. Bugarin
Required certification before consultation Hernandez vs. CA Court can adopt narration of parties; court can come up with narration of facts; court will have its own findings of facts Yao vs. CA
Decision must state clearly its cases Dizon vs. Judge Lopez
Sin perjuicio judgment (only dispositive is mentioned) is not valid. Asiavest
Foreign judgment is valid as long as they followed the rules of due process in their own jurisdiction Tichangco v. Enriquez
No motion for reconsideration shall be denied without discussion of the factual basis for the denial (Sec. 14, Par. 2)
What is only stated is “No reversible error” SC said it is valid, Martinez v. CA

Dismissal contains following sentence: Petitioner raised nothing new in this petition
SC said it is valid even there is no discussion of factual antecedents In Re: Delays in Sandiganbayan Periods for deciding cases
Sec. 15 all cases must be decided within 24 months by SC from the receipt there of; 12 months for CA; 3 months for Lower Court In Re: Demetria Justice Demetria was dismissed since he was getting involved in the case of drug queen Yu Yuk Lai People v. Pilotin (change of venue)
Bingbong Crisologo, sinunog ang dalawang barangay kung san natalo ang tatay nya, nagpalipat sa QC or Baguio kasi kung sa Ilocos sya ililitis Mondiguing v. Abad- Ifugao to Baguio People v. Sola – witnesses transferred to Bacolod to protect the witnesses Zaldivar v. Gonzales -Writ of Amparo and Writ of Habeas Corpus In Re Cunanan – congress released a law giving a determination on the rating to the admission to the bar only the SC Aguirre v. Rana – appeared on court after passing the Bar even without signing the Roll of Attorney and Oath Taking In Re: Edillon – non-payment of IBP dues is a ground for disbarment. 10% of your time as lawyer should be devoted to indigents thru free legal service; report on the judiciary Lower Courts – determined by Congress and statute for adding and deducting qualifications of judges; must be a citizen and a member of the Philippine Bar In Re: IBP Elections Bar Matter – De La Llana: Overtaken by section 2 article 8; before congress is prohibited on abolishing by statute of the judiciary

Powers of the President: A Comprehensive Analysis, Summaries of Civil Law

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