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9 Cards in this Set
- Front
- Back
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Laurel vs garcia |
The chief executive has no authority to sell and withdraw it from public domain to make it alienable the roppongi property because it requires the legislative authority to allow the sale |
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Marcos vs manglapus |
The president may bar the marcoses return to the philippines because he exercises greater discretion for preserving the welfare of the people and economy which the court could not argue against |
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Banda v. Ermita |
Pres. Gloria removed exclusive jurisdiction of the national printing office over printing services requirements of government agencies
The president has the power to re-organize the offices in agencies in the executive department in line with the presidents constitutionally granted power of control over executive offices |
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Gonzales vs office of the president |
The doctrine of implication is the power to appoint carries with it the power to remove.
The power of the president to remove a deputy ombudsman does not diminish the independence of the office of the ombudsman because the office of the ombudsman independence is political independence
The two restrictions over the power of removal of a deputy ombudsman: 1) removal must be same ground for removal of ombudsman 2) due process
Betrayal of public trust refer to acts which are just short of being criminal but constitute gross faithlessness against public trust, tyrannical abuse of power and negligence of duty, favoritism, and gross exercise of discretionary powers
The deputy ombudsman and a special prosecutor are not impeachable officers. |
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Funa v. Agra |
Only time officials can hold multiple positions is when: 1) vice president appointed as member of cabinet 2) secretary of justice being ex officio member of the jbc
Acting secretary of justice concurrently with this position of acting solicitor general is prohibited
The prohibition against dual or multiple offices must be construed to apply to all appointments whether permanent or temporary to prevent the concentration of powers in the executive. |
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Almario v. Executive secretary |
President arroyo disregarded the results of the screening and substituted her choice from the deliberation panels is not valid because this faithful execution clause is construed as an obligation and not as a separate grant of power |
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Pimentel v. Ermita |
Limitations on executive power is construed against the legislature
Ad interim appointment are extended only during recess of congress and are submitted to the coa for confirmation whereas appointments in an acting capacity are extended anytime there is a vacancy and is not submitted to the coa and are a way of temporary filling important offices |
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Lagman v. Medialdea |
Constitutionality of proclamation of martial law in mindanao
The parameters for determining the sufficiency of factual basis:
1) actual rebellion 2) public safety requires it 3) probable cause for president to believe there is a rebellion
Probable cause is the most reasonable period to require him to satisfy a higher standard of proof would restrict the exercise of his emergency powers |
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Saguisag v. Ochoa |
The president may enter into an executive agreement on foreign military bases to take necessary a proper steps to carry into execution of the law even if not expressly granted by the law |
