Pimentel v ermitagrno164978oct132005 a 1 the spouse

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: NERAL Q: What is executive power? A: It is the power of carrying out the laws into practical operation and enforcing their due observance. (National Electrification Administration v. CA, G.R. No. 143481, Feb. 15, 2002). It is the legal and political functions of the President involving the exercise of discretion. It is vested in the President of the Philippines. Thus, the President shall have control of all executive departments, bureaus and offices. He shall ensure that laws are faithfully executed. (Sec. 17, Art. VI, 1987 constitution) Note: Until and unless a law is declared unconstitutional, the President has a duty to execute it regardless of his doubts as to its validity. This is known as the faithful execution clause. (Secs.1 and 17, Art. VII, 1987 Constitution). Q: What is the faithful execution clause? A: Since executive power is vested in the President of the Philippines, he shall have control of all executive departments, bureaus and offices. Consequently, he shall ensure that the laws be faithfully executed (Sec. 17, Art. VII). The power to take care that the laws be faithfully executed makes the President a dominant figure in the administration of the government. The law he is supposed to enforce includes the Constitution, statutes, judicial decisions, administrative rules 46 and regulations and municipal ordinances, as well as treaties entered into by the government. Q: What is the scope of executive power? A: 1. Executive power is vested in the President of the Philippines. (Sec. 1, Art. VII, 1987 Constitution) 2. It is not limited to those set forth in the Constitution (Residual powers). (Marcos v. Manglapus, G.R. No. 88211, Oct. 27, 1989) 3. Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit. (Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988) 4. The President cannot dispose of state property unless authorized by law. (Laurel v. Garcia, G.R. No. 92013...
View Full Document

Ask a homework question - tutors are online