CONSTI FINALS.pdf - CONSTI LAW 1 EXECUTIVE\/JUDICIAL DEPTS and CONCOMS(CHAPTERS 10 \u2013 13 Executive power Basis Residual Power Basis POWERS OF THE

CONSTI FINALS.pdf - CONSTI LAW 1 EXECUTIVE/JUDICIAL DEPTS...

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CONSTI LAW 1 - EXECUTIVE/JUDICIAL DEPTS and CONCOMS (CHAPTERS 10 13) PLOMILLO, R.C. and YUMUL, A. NOTES That in all things, God may be glorified! POWERS OF THE PRESIDENT Executive power is the power to enforce and administer the laws. Basis: (Sections 1 and 17, Article 7) Residual Power It is the power borne by the President’s duty to preserve and defend the Constitution. Power implicit in the President’s duty to take care that laws are faithfully executed. Basis: Marcos vs. Manglapus President Vice-President Election Direct vote Direct Vote Term Six years Six years Removal Impeachment Impeachment Qualifications a) He must be a natural-born citizen of the Philippines; b) He must be a registered voter; c) He must be able to read and write; d) He must at least be forty years of age on the day of the election; e) He must be a resident of the Philippines for at least ten (10) years immediately preceding such election a) He must be a natural-born citizen of the Philippines; b) He must be a registered voter; c) He must be able to read and write; d) He must at least be forty years of age on the day of the election; e) He must be a resident of the Philippines for at least ten (10) years immediately preceding such election Prohibitions and Inhibitions: Art VII, Section XIII compare with ART IX-B Sec 7 Case Civil Liberties VACANCIES: Vacancy Beginning (Sec. 7, Art. VII) President-elect Dies or permanently disabled VP- elect becomes president P-elect Fails to Qualify VP-elect acts as P until P shall have qualified P-elect Has not been chosen VP elect acts P until a P shall have been chosen and qualified P and VP Have not qualified or chose; or Both died; or Both Permanently disabled Senate President acts as P, if unable: Speaker of the House acts as P if unable: Congress shall provide law for the manner in which who is to act as P until P and VP shall have qualified. Vacancy during term (Sec 8, Art VII) President a) Dies, b) Permanently disabled, c) Removed from Office, d) Resigns VP becomes President P and VP a) Dies, b) Permanently disabled, c) Removed from Office, d) Resigns Senate President acts as P - if unable; Speaker of the HOR acts as P if unable; Congress shall provide law for the manner in which who is to act as P until P and VP shall have qualified.
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CONSTI LAW 1 - EXECUTIVE/JUDICIAL DEPTS and CONCOMS (CHAPTERS 10 13) PLOMILLO, R.C. and YUMUL, A. NOTES That in all things, God may be glorified! IF VACANCY OCCURS IN THE OFFICES OF THE PRESIDENT AND VICE PRESIDENT 1. 10 :00 am of the 3 rd day after vacancy occurs Congress hall convene in accordance with its rules without need of a call 2. within 7 days Congress hall enact a law calling for a special election to elect a President and VP 3. Hold Special elections Not earlier than 45 das not later than 60 days form the time of such call 4. Bill calling for special election Deemed certified under Sec 26 (2) Art 6 and shall become law upon its approval on third reading by congress 5. Appropriations for special election charged against any current appropriations and shall be exempt for the
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