Vice President

Functions
1 Right to Succession (Art. VII, Sec. 8 and 11)
→ in case of death, permanent disability, removal from office, or resignation of the President
2 Membership in Cabinet (Art. VII, Sec. 3(2)
→ the VP may be appointed as a Member of the Cabinet. Such appointment requires NO Confirmation

Removal
By Impeachement or quo warranto

POWERS AND FUNCTIONS OF THE PRESIDENT

1 Executive Power (Art. VII, Sec. 1)
→ the power to enforce and administer laws
☼ President's Resident Power:
Even if the power is not granted in the Constitution, as long as it is part of executive power,
it can be exercised by the Pres, unless it is limited by the Constitution is not a grant of rights, but other
limitations of authority.
☼ Power to Control:
the power to set aside whatever its subordinate have done (Cabinet Secretaries, all those below the
President in the executive department), he can control their actions.
2 Control of Executive Department (Art. VII, Sec. 17)
3 General Supervision of Local Government and Autonous Regions (Art. X, Sec. 4 and 6)
4 Power of Appointment (Art. VII, Sec. 16) - Not absolute
5 Executive Clemency (Art. VII, Sec. 19)
6 Emergency powers (Art. VI, Sec. 23(2)
7 Powers of the Commander-in-Chief (Art. VII, Sec. 18)
8 Contracting and Guaranteeing Foreign Loans (Art. VII, Sec. 20)
9 Power over Foreign Loans (Art. VII, Sec. 21)
### Power over Legislation ( Art. VII, Sec. 23/ Art. VIII, Sec. 22/ Art. VI, Sec. 27 and Sec. 23(2))
### Immunity From Suit
The immunity however exists only during the tenure of the President. But after the tenure
has expired, he can already be filed criminal and civil cases.
EXCEPTION: Case for imeachment

The Constitution does not exclusively list the powers of the President. it does, however, sets forth
limitations of the President's exercise of his power. (Marcos vs Manglapus, 1989)
Midnight Appointment
→ these are apointments made by the outgoing President in order to preserve power in the executive department.
IN RE: HON. MATEO VALENZUELA (1998)
→ Appointment in the judiciary particularly for judges and justices are done by the outgoing president due to vacancy
The Court said it cannot be done because it is proscribed by the Constitution. So those appointments are voided for the
violating the rule on idnight appointments
DE RAMA VS CA (2001)
→ Midnight appointment applies to President not to Mayors
DE CASTRO VS JBC (2010)
→ Reverses in re: valenzuela
The Courts said that midnight appointment prohibition does not cover the Judiciary
including appointments of judges and justices of the lower courts

INTERIM OR RECESS APOINTMENT (Art. VII, Sec. 19)

it is an appointment done by the president while Congress was in recess
such appointment will require concurrence/approval of CA or until the next adjornment
of the Congress

it is not temporary. it is a permanent because ir takes effect immediately and it can no longer be withdrawn
by President once the appointee has qualified for office, subject to CA Confirmation

CONCEPCION BAUTISTA VS SALONGA (1989)

The Court said that the chairman of the CHR is not subject to CA Confirmation because it is not the same
with other Constitutional Commission (COA, CSC, COMELEC) which mentioned in the Constitution

How can appointment be terminated? (Matibag vs Benipayo)

1 if it is disapporved by the CA
2 After the adjournment of the Congress, without the CA Acting on his appointment

REQUIREMENTS TO HOLD AN OFFICE IN AN EX OFFICIO CAPACITY

1 The holding of office must be in accordance with the law
2 Holding of the office without any additional compensation
3 It must be related to the primary function
Note: ex officio members themselves cannot receive honoraria or emoluments (National Amnesty vs COA (2004))
FUNA VS AGRA (2013)
The Court held that designation as Acting Secretary of justice concurrently with the position of Acting Solicitor
General violates the Constitutional prohibition against holding multiple offices of members of the cabinets.
(Art. 7, Sec. 13)

President's appointees that needs CA Confirmaation (Art. VII. Sec. 16)

1 heads of the executive departments
2 ambassadors and public ministers and consuls
3 Officers of the Armed Forces of the rank of the naval captain (Philippine Coast Guard not included)
4 And other officers whose appointment that vested in him in the Constitution
1 Members of the Constutional Commission
2 Members of the JBC
3 Sectorial representatives prior to the enactment of the party list system
Note: All other appointments of the President not enumerated above, there is no need for CA Confirmation and deemed as r
NO Confirmation

utive power,
rant of rights, but other

s, all those below the

r the tenure
 in the executive department.

utgoing president due to vacancy

e appointments are voided for the

longer be withdrawn

e it is not the same

Constitution

nal Amnesty vs COA (2004))

osition of Acting Solicitor
mbers of the cabinets.

not included)

r CA Confirmation and deemed as regular appointments

AD INTERIM APPOINTMENT