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Unformatted text preview: of all the members of his Cabinet. He may appoint them as he sees fit, shuffle them at pleasure, and replace them in his discretion without any legal inhibition whatever. However, such control is exercisable by the President only over the acts of his subordinates and not necessarily over the subordinate himself. (Ang‐ Angco v. Castillo, G.R. No.L‐17169, Nov. 30, 1963) 1. Doctrine of Qualified Political Agency Q: What is the doctrine of qualified political agency or alter ego principle? A: It means that the acts of the secretaries of the Executive departments performed and promulgated in the regular course of business are presumptively the acts of the Chief Executive. (Villena v. Secretary of the Interior, G.R. No. L‐ 46570, April 21, 1939) take effect. Thus, being the agent of Congress and not of the President, the latter cannot alter, or modify or nullify, or set aside the findings of the Secretary of Finance and to substitute the judgment of the former for that of the latter. Q: What is the reason for the alter ego doctrine? A: Since the President is a busy man, he is not expected to exercise the totality of his power of control all the time. He is not expected to exercise all his powers in person. He is expected to delegate some of them to men of his confidence, particularly to members of his Cabinet. 2. Executive Departments and Offices Q: Can Department Heads exercise power of control in behalf of the President? A: Yes. The President’s power of control means his power to reverse the judgment of an inferior officer. It may also be exercised in his behalf by Department Heads. Note: The Sec. of Justice may reverse the judgment of a prosecutor and direct him to withdraw an information already filed. One who disagrees, however, may appeal to the Office of the President in order to exhaust administrative remedies prior filing to the court. Q: Can the Executive Secretary reverse the decision of another department secretary? Q: What are the exceptions to the alter ego doctrine? A: Yes. The Executive Se...
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This document was uploaded on 03/12/2014.

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