UST POLI LAW

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Unformatted text preview: lative restriction to authority, the 56 c. d. President may still exercise this power. The power to deport aliens is limited by the requirements of due process, which entitles the alien to a full and fair hearing. But: the alien is not entitled to bail as a matter of right. (Tan Sin v. The Deportation Board, G.R. No. L‐ 11511, Nov. 28, 1958) Note: The adjudication of facts upon which the deportation is predicated devolved on the President whose decision is final and executory. (Tan Tong v. Deportation Board, G.R. No. L‐7680, April 30, 1955) 6. Decide that a diplomatic officer who has become persona non grata be recalled. 7. Recognize governments and withdraw recognition. (Cruz, Philippine Political Law, 2002 ed., p. 239) Q: Where do the President’s diplomatic powers come from? A: The extensive authority of the President in foreign relations in a government patterned after that of the US proceeds from 2 general sources: 1. The Constitution 2. The status of sovereignty and independence of a state. Q: Who ratifies a treaty? What is the scope of the power to concur treaties and international agreements? A: The power to ratify is vested in the President subject to the concurrence of Senate. The role of the Senate, however, is limited only to giving or withholding its consent or concurrence. Hence, it is within the authority of the President to refuse to submit a treaty to the Senate. Although the refusal of a state to ratify a treaty which has been signed in his behalf is a serious step that should not be taken lightly, such decision is within the competence of the President alone, which cannot be encroached upon by the Court via a writ of mandamus. (Pimentel v. Ermita, G.R. No. 164978, Oct. 13, 2005) POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON,...
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This document was uploaded on 03/12/2014.

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