The document discusses the executive and judicial branches of the Philippine government. It outlines the powers and roles of the president, vice president, executive officers, and limitations on the executive branch. It also defines judicial power, the structure and powers of the Supreme Court and lower courts, and aspects that ensure the independence of the judiciary.
The question asks whether Congress is correct that the president cannot unilaterally decide to extend reprieve and Congress has a say as well. A second question asks if one agrees that the president can fire Supreme Court justices since he approves judicial appointments.
1. Executive Branch- Art VII
*See Article VII of the Philippine Constitution for a more comprehensive
discussion.
-That which executes the law
-Headed by the President
-Vice-President
-Department Heads
-Local Executives- mayors
• Powers of the President
> Appointive (appoint cabinet members and other appointive officers; power
shared with congress)
> Approval ( of law )
> Control ( overseeing capacity of the president over all executive officers )
> Commander in Chief of AFP
> Suspension of Writ of Habeas Corpus
> Grant amnesty ( concurrent with congress) and pardon
> Guarantee foreign loans
> Veto ( disapproval of bill passed by congress )
> Deportation
• What the Executive Officers Cannot Do
-Hold other office or employment during their tenure
-Cannot divest shareholdings or interests to spouse or relatives
-Cannot appoint spouse or relatives to positions
-Cannot make appointments two months before next elections
• Who May Be President?
-Natural – born citizen
-Registered voter
-Able to read and write
-At least 40 years old
-Resident of the Philippines ( at least 10 consecutive years )
• Who May Be Vice-President?
-Same as president
-Can be appointed as cabinet member
-Will succeed president if latter dies or disqualifies
PLEASE ANSWER THE PROBLEM BELOW:
2. Miriam Madrigal, on the day of her conviction for a crime of murder is on
her third trimester of pregnancy. She appealed her case to the president and
asked for pardon. The President granted reprieve. Congress questioned saying,
the president cannot on his own decide to extend reprieve. Congress has a say
in the matter too. Is Congress correct? Explain your answer satisfactorily.
Judicial Branch- Art VIII
What is Judicial Power?
- The power to interpret the laws of the land in cases of disputes
• Headed by the Supreme Court
• Court of Appeals
• RTCs & MTCs
• DOJ
• Sandiganbayan
• Katarungang Pambarangay
Powers of the Supreme Court
-Exercise original jurisdiction over cases affecting ambassadors, other public
ministers, and consuls
-Review, revise,reverse, modify or affirm on appeal decisions of lower courts
-Temporarily assign judges in the lower court
-Order change of venue for trial
-Appoint officials or employees of the Judiciary
-Supervise all courts and their personnel
-To be sole judge of all contests relating to the election, returns, and
qualifications of President or V-president
-Review factual basis of proclamation of martial Law or suspension of writ of
habeas corpus
The Independence of the Judiciary
The constitution ensures independence of the Judiciary and the swift resolution
of legal cases in the following ways:
- Courts have the duty to settle actual controversies and cannot dismiss them on
the ground that they involve political questions
3. - The members of the Supreme Court and the judges of the lower courts hold
office during good behaviour or until they reach retirement age
- The salaries of the members of the Supreme Court and judges of the lower
courts are fixed by law and cannot be decreased
- A judge must be a person of good character, integrity, and independence
- Courts must decide cases within certain deadlines
- An independent judicial and bar council shall recommend appointments to the
judiciary
ANSWER THE QUESTION BELOW:
Since the president approves appointment to the judiciary, he/she also can fire the
Supreme Court Justice. Do you agree or not? Explain your stand.