Notes on Presidential Powers and Privileges

Official Residence and Salary

  • Official Residence: The President has an official residence as outlined in Section 6, Article VII of the Constitution.
  • Salary:
    • Determined by law.
    • Cannot be decreased during the President's tenure.
    • Any increase takes effect only after the current incumbent's term ends.

Presidential Immunity

  • The President enjoys immunity from being sued in their official capacity.
  • Carillo v. Marcos (1981) establishes that the validity of the President's actions may still be challenged through cases against other executive officials.

Presidential Privilege

  • Defined as the right of the President and high-level executives to withhold information from Congress, the courts, and the public.

Vice-President

  • Qualifications and Tenure:
    • Similar to the President except for the limit of two consecutive terms.
    • Can be a Cabinet member without requiring confirmation by the Commission on Appointments.

Prohibitions on the Executive Department

  • Emoluments from other government sources for President/Vice-President are prohibited.
  • Cannot hold any other government office unless specified by the constitution.
  • Strict limitations on engaging in any profession or business, ensuring no conflict of interest.
  • Appointments of spouses and relatives by consanguinity or affinity within the fourth civil degree to key government positions are forbidden.

Powers of the President

General Executive and Administrative Power

  • The President is charged with the execution and administration of laws, ensuring they are faithfully executed (Section 17, Article VII).

Summary of Presidential Powers

  1. Power of Appointment: Only the Executive can fill offices created by the legislature.
  2. Power to Control: Includes nullifying or modifying subordinate decisions and laying down rules for their duties.
  3. Power of Supervision: Oversight of adherence to rules set by others is crucial.
  4. Diplomatic Powers: Encompasses the ability to enter treaties.
  5. Commander-in-Chief Powers: Authority to call army and suspend the privilege of the writ of habeas corpus under specific conditions.
  6. Veto Power: The President can veto bills approved by Congress.
  7. Emergency Powers: Shared powers with the legislature during emergencies.
  8. Executive Clemency: Powers to grant pardons and amnesties under specific conditions.

Power of Appointment

  • The President nominates heads of executive departments, embassies, and armed forces officers, requiring Commission on Appointments confirmation.
  • Types of Appointments: Regular, ad interim (during Congress recess), and temporary appointments.
  • Midnight Appointments Ban: No appointments allowed 2 months before presidential elections up to the end of term.

Control and Supervision

  • The President ensures laws are executed by exercising control over executive departments.
  • General supervision over local governments includes power to suspend local officials.

Emergency Powers

  • Delegated by Congress for situations like war or national emergencies; effective for a limited time with strict conditions.

Commander-In-Chief Powers

  • The President can call armed forces to suppress lawlessness, suspend privileges, and declare martial law as necessary.
  • Martial Law Declaration Requirements: Must be under conditions of rebellion or invasion for public safety.

Suspension of the Privilege of the Writ of Habeas Corpus

  • Applicable only to individuals charged with rebellion or related offenses. Must be charged within three days of arrest during this period.

Executive Clemency

  • Nature and Limitations: Reprieves, commutations, pardons, and amnesty powers exist unless overridden by constitutional exceptions (e.g., impeachment).
  • Categories include reprieves, commutations, pardons, and amnesties, with distinct definitions and applications.

Diplomatic Powers

  • The President handles international relations, treaty negotiations, and agreements without Senate concurrence under certain conditions.

Legislative Powers

  • The President submits a budget prior to Congress sessions and holds veto rights over bills, with specific stipulations for appropriation measures.

Executive Privilege

  • Types:
    • Presidential Communications Privilege: Protects advice and opinions shared in executive decision-making.
    • Deliberative Process Privilege: Covers pre-decision communications that shape policy.
    • Courts recognize executive privilege but don't protect all communications uniformly.