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Nerivsenategrno180643mar252008 2 executive secretary

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Unformatted text preview: a body which kept all national concerns suffused in a broad daylight of discussion.” (Concurring and Dissenting Opinion of Justice Puno, Macalintal v. COMELEC, G.R. No. 157013 July 10, 2003) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 41 UST GOLDEN NOTES 2011 D. EXECUTIVE DEPARTMENT Q: Who is the Chief Executive of the State? A: The President is the Head of State and the Chief Executive. PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS a. IMMUNITY AND PRIVILEGES Q: What are the privileges of the President and VP? Once out of office, even before the end of the 6‐year term, immunity for non‐official acts is lost. Such was the case of former President Joseph Estrada. Immunity cannot be claimed to shield a non‐sitting President from prosecution for alleged criminal acts done while sitting in office. (Estrada v. Desierto, G.R. Nos. 146710‐15, Mar. 2, 2001) Q: What are the reasons for the President’s immunity from suit? A: 1. A: PRESIDENT VICE‐PRESIDENT PRIVILEGES 1. Salary shall not be 1. Official residence; decreased during his 2. Salary is determined tenure; by law and not to be 2. If appointed to a decreased during his Cabinet post, no tenure (Sec. 6, Art. need for Commission VII); on Appointments’ 3. Immunity from suit confirmation (Sec. 3, for official acts. Art. VII). 1. Executive Immunity Q: What are the rules on executive immunity? A: A. (Rules on immunity during tenure) 1. The President is immune from suit during his tenure. (In re: Bermudez, G.R. No. 76180, Oct. 24, 1986) 2. An impeachment complaint may be filed against him during his tenure. (Art. XI) 3. The President may not be prevented from instituting suit. (Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988) 4. There is...
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