I

a.

What is the pardoning power of the President under Sec.19, Art. VII of the Constitution? Is the exercise of the power
absolute? (5%)

Under sec.19, art VII of the 1987 constitution the pardoning powers of the President are, amnesty, commutations,
reprieves and pardons.

The exercise of said power is not absolute and the exemptions are as follows: it cannot be granted during impeachment,
in cases of violation of election law without favorable recommendation of the Commission on Elections, in cases of
legislative contempt or civil contempt, can be granted only after conviction of final judgment, cannot absolve the convict
of civil liability, and cannot restore public offices forfeited.

b.

Distinguish pardon from amnesty. (5%)

As to offense, pardon is infraction of peace of the state, while amnesty is addressed to political offenses.

As to acceptance, in pardon acceptance is necessary, while in amnesty it does not need distinct acts of acceptance.

As to grantee, pardon is granted to individual, while amnesty is granted to classes of persons.

As to concurrence of congress, pardon requires concurrence of congress while amnesty does not.

As to act, in pardon it is a private act which maybe pleaded and proved, while in amnesty it is a public act which the
court need judicial notice.

As to effect, in pardon it looks forward and relieves the pardonee of the consequences of the offense, while in amnesty
it looks backward and puts into oblivion the offense itself.

II

Explain the doctrine of qualified political agency. (5%)

Also known as the alter ego doctrine, where all executive departments, bureaus and offices are adjuncts of the executive
departments, the heads of all departments and offices are assistant and agents of the chief executive, except in the
cases where the chief executive is required by the constitution of by law to act in person or the exigencies of the
situation demand that he act personally, the multifarious executive and administrative functions of the Chief Executive
are performed by and through the executive departments, and the acts of the secretaries of the executive departments,
performed and promulgated during ordinary course of business are, unless disapproved or reprobated by the chief
executive presumptively the act of the chief executive. (DENR v DENR XII Employees)

III

According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal autonomy. What does the term fiscal
autonomy signify? Explain your answer. (5%)

IV

a.

Enumerate the qualifications and term of office of the President. (5%)

Under Sec.2, Art. VII, no person shall be a President of the Philippines unless he is a natural-born citizen of the
Philippines, registered voters, able to read and write, at least 40 years of age before the election and resident of the
Philippines for at least 10 years immediately preceding such election.

Term of office of the President is 6 years begin at noon of 30th day of June.

b.

What does executive privilege means? (5%)

It has been defined as the right of the President and high-level executive branch officials to withhold information from
Congress, the courts and ultimately the public.

V
The President appoints the Vice President as his Administration's Housing Czar, a position that requires the appointee to
sit in the Cabinet. Although the appointment of the members of the Cabinet requires confirmation by the Commission
on Appointment (CA), the Office of the President does not submit the appointment to the CA. May the Vice President
validly sit in the Cabinet? (5%)

Under the 1987 Constitution, the Vice President may be appointed by the President as a member of the cabinet and it
does not require confirmation from the Commission on Appointment.

VI

a.

Distinction between regular and ad interim appointment. (5%)

Regular appointment is one made by the President while the congress are in session, it will took effect upon approval of
the Commission on Appointments and will continue until the end of term of the appointee, while ad interim
appointment is one made by the President while Congress is in session, takes effect immediately, but ceases to be valid
if disapproved by the Commission on Appointments or upon the next adjournment of Congress.

b.

Distinction between permanent and temporary appointment. (5%)

Permanent appointment is given to a person possessing the qualifications and the requisites of eligibility, and are thus
protected by the constitutional guarantee of security of tenure, while temporary appointments is given to a person
without such eligibility, revocable at will and without the necessity of just cause and valid investigation.

VII

Define the following: pardon, parole, commutation, reprieve and amnesty. (5%)

Pardon an act of grace which exempts the person from which bestowed from the punishment that the law inflicts from
the crime he has committed.

Parole release from imprisonment but without full restoration of liberty, as parolee is still in the custody of the law
although not in confinement.

Commutation reduction or mitigation of sentence

Reprieve postponement of a sentence or stay of execution.

Amnesty an act of grace, concurred by the legislature usually extended to a group of persons who committed political
offenses and puts into oblivion the offenses itself.

VIII

a.

State the constitutional safeguards to insure the independence of the judiciary. (5%)

1. The SC is a Constitutional body it may not be abolished by the legislature.

2. Members of the SC are removable by impeachment.

3. The SC may not be deprived on its minimum original appellate jurisdiction; appellate jurisdiction may not be increase
without its advice and concurrence.

4. The SC has administrative supervision over all inferior courts and personnel.

5. The SC has exclusive power to discipline justices/judges of inferior courts.

6. Salaries of judges may not be reduced, the judiciary enjoys fiscal autonomy.

7. Member of the judiciary may not be designated to any agency performing quasi-judicial and administrative function.

8. Members of the judiciary have security of tenure.

9. The SC alone may initiate and promulgate rules of courts.

10. The SC alone may order temporary detail of judges.

11. The SC may appoint officials and employees of the judiciary.

b.

Qualifications of Supreme Court justices and procedure for appointments in case of vacancy. (5%)

Under Sec.9, Art. VIII of the 1987 Constitution, members of the SC must at least 40 years of age, at least 15 years or
more a judge of the lower court or engage in practice of law in the Philippines and of proven competence, integrity,
probity and independence.

In case of vacancy the President shall choose from the nominee prepared by the JBC with at least three nominees.

IX

Distinction between writ of amparo and writ of habeas data. (5%)

Writ of amparo is a remedy available to a person whose right, life, liberty and security is violated or threatened with
violation by an unlawful act or omission by public officials or employee, or of private individual or entity, while writ of
habeas data is a remedy available to a person whose right to privacy, life, liberty and security is violated or threatened
with violation by an unlawful act or omission by public official or employee, or of private individual or entity engaged in
gathering, collecting or storing information or data of a person, honor, family and correspondence of the aggrieved
party.

X.

Is the constitutional prohibition against midnight appointments absolute? Explain. (5%)

No.

The constitutional prohibition against midnight appointments states that two months immediately before the next
presidential elections and up to the end of his term, a President or acting President shall not make appointments EXCEPT
TEMPORARY APPOINTMENTS TO EXECUTIVE POSITIONS WHEN CONTINUED VACANCIES WILL PREJUDICE PUBLIC
SERVICE AND ENDANGER PUBLIC SAFETY.

XI.

Give at least five powers of the President.

1. Power of appointment

Sec.16, Art. VII of the 1987 Constitution the president shall nominate and with the consent of the Commission on
Appointment shall appoint the heads of executive departments, ambassador, other ministers and consuls, officers of the
armed forces from the rank of Colonel or Naval Captain and other officials whose appointments are vested in him in this
Constitution. Shall also appoint other government officials whose appointment are not otherwise provided by law.

2. Power of control

Sec.17, Art. VII of the 1987 Constitution the President shall have control over executive departments, bureaus, and
offices to ensure that the laws are faithfully executed.

3. Military Power

Sec. 18, Art. VII of the 1987 Constitution the President shall be the Commander-in-Chief of all armed forces of the
Philippines whenever it becomes necessary he may call out such armed forces to prevent or suppress lawless violence,
rebellion or invasion.

4. Pardoning Power

Sec.19, Art. VII of the 1987 Constitution, except in cases of impeachment or otherwise provided by law the President
may grant commutations, reprieves, and pardons.

5. Barrowing Power

Sec.20, Art. VII of the 1987 Constitution the President may contract or guarantee foreign loans in behalf of the Republic
of the Philippines.

XII.

Is a security guard of the SC who impersonated civil service exam under the jurisdiction of the SC?
Yes.

Under Sec.2, Art. VIII of the 1987 Constitution the SC has administrative supervision over all inferior courts and
personnel.

XIII. Rules of succession

During beginning of term

In case of death or permanent disability of the President the Vice President shall become President.

In case the President elect failed to qualify, the Vice President elect shall act as President until the President elect shall
qualify.

In case the President elect has not been chosen, the Vice-President elect shall act as President until the President elect
shall have been chosen and qualified.

No President or Vice President has been chosen, nor failed to qualify, or both have been dead, the Senate President or in
case of inability the Speaker of the house shall act as President until a President or a Vice President shall been chosen. In
case of inability of mentioned officials the congress by law shall provide in a manner which one whom shall be selected
as President until a President or Vice President shall have been qualified and chosen.

During the duration of the term

In case of death or permanent disability of the President the Vice President shall become President.