SOCIAL SCIENCE 4 NOTES_Q3

Executive Powers of the President

Article VII Sec. 1

• The executive power is vested in the President of the Philippines.

Definition of Executive Power

• Acts of the President to faithfully execute laws enacted by Congress.

Different Powers of the Executive

Appointing Power (Section 16)

• Nominate and appoint heads of executive departments, ambassadors, and officers of armed forces with consent of the Commission on Appointments.

• Appoint officers not otherwise provided for by law.

• Appointments during Congress recess are effective until disapproved or Congress adjourns.

Control Power (Section 17)

• The President has control over all executive departments, bureaus, and offices ensuring laws are executed faithfully.

Military Power (Section 18)

• Commander-in-Chief of armed forces; may call out forces to suppress violence, invasion, or rebellion.

• Can declare martial law for up to sixty days, suspending the privilege of the writ of habeas corpus.

• Report to Congress within 48 hours of such declaration.

Executive Clemency (Section 19)

• Power to grant reprieves, commutations, and pardons excluding impeachment cases.

• May also grant amnesty with Congressional concurrence.

Borrowing, Diplomatic, and Budgetary Powers

• Submit a budget within 30 days of congressional sessions as basis for appropriations.

• Nominate and sign treaties, which need consent of two-thirds of the Senate.

Executive Qualifications (Article VII Sec. 2-6)

General Qualifications

• Must be a natural-born citizen, at least 40 years old, literate, and a resident for at least 10 years prior to the election.

• Vice-President shares same qualifications and is elected concurrently with the President.

Terms of Office

• President and Vice-President serve six-year terms without re-election eligibility.

• Elections held on the second Monday of May.

Judicial Powers (Article VIII Sec. 1)

Definition of Judicial Power

• Settles actual controversies involving enforceable rights and checks for abuse of discretion by government branches.

Powers of the Supreme Court (Section 5)

1. Original jurisdiction over cases involving ambassadors and constitutional questions.

2. Review decisions of lower courts regarding constitutionality, legality of taxes, or questions of jurisdiction.

3. Appoint officials and enforce legal procedures.

Judicial Review

• Courts can declare laws unconstitutional.

• Judicial review checks legislation’s compliance with the Constitution and protects against abuse of power.

Rights Against Unreasonable Searches and Seizures (Article III Sec. 2-3)

General Provisions

• Prohibits unreasonable searches; warrants require probable cause and specific descriptions.

Exclusionary Rule

• Evidence obtained from illegal searches is inadmissible in court.

Warrant Requirements

1. Must issue based on probable cause determined personally by a judge.

2. Includes detailed descriptions of what is being searched and seized.

Rights to Liberty, Expression, Religion, and Travel (Article III Sec. 4-6, Sec. 18)

Freedom of Speech and Religion

• No law shall abridge freedom of expression or establishment of religion.

• People’s right to assemble peacefully for redress is protected.

Liberty of Abode and Travel

• Freedom to change residence may only be restricted by law or court order for national security, public safety, or health reasons.

• No political detention based solely on beliefs.