1 Constitutional Law 1 Atty. Rolando A. Suarez Final Exam Reviewer 2019 Political Law Reviewer 2018

1
CONSTITUTIONAL LAW 1 Atty. Rolando A. Suarez

FINAL EXAM REVIEWER 2019 Political Law Reviewer 2018
EXECUTIVE DEPARTMENT
FUNCTIONS OF THE EXECUTIVE A – It is an executive function and not a function
of the judiciary; it is a non-delegable power and
Executive Power of the President – to enforce
it can only be exercised by the President
and administer the laws of the land. The
personally.
president shall ensure that laws are faithfully
executed. He/She has the control of all executive Kinds
departments, bureaus, and offices. The President
1. Absolute Pardon – complied with even
serves as the Commander-in-Chief of all armed
without the acceptance of the person pardoned.
forces. He/She is subject to no restraint than to
comply with the law and the Constitution. The 2. Conditional Pardon – has no force until it is
President has residual power (implicit power) to accepted by the one condemned.
protect the general welfare of the people (duty as
steward of the people). *A pardon, whether absolute or conditional, is in
the nature of a deed, for the validity of which
Residual Power of the President – To protect acceptance is an indispensable requisite. Until
the general welfare of the people founded on the accepted, all benefits to a grantee may be
duty of the President as steward of the people. cancelled. But once accepted by the grantee, the
(Marcos v. Manglapus, 117 SCRA 668 [1989]) pardon already granted cannot be revoked by the
authority which granted it.
It is a power borne by the President’s duty to
preserve and defend the Constitution. It also Limitations on the exercise of the power to
may be viewed as a power implicit in the grant pardon
President’s duty to take care that the laws are
faithfully executed. 1. Cannot be granted in cases of impeachment
Qualifications of the President 2. Cannot be granted in cases of violation of

election laws without the favorable
1. Natural-born Citizen recommendation of COMELEC
2. Registered Voter
3. Able to read and write 3. Can be granted only after conviction by final
4. At least 40 years of age on the day of judgment
the election 4. Cannot be granted in cases of legislative
5. Resident of the Philippines for at least contempt (Violative of SOP), or civil contempt
10 years immediately preceding such (State is w/out interest)
election.
5. Cannot absolve the convict of civil liability
How are they elected? Direct vote of the people
for a term of 6 years. 6. Cannot restore public offices forfeited, unless
expressly restored
Term of Office? Shall begin at noon of the 30 th
day of June following the next day of the Effects of Pardon
election and shall end at noon of the same date
1. Removes the penalties and the resultant
six years thereafter. They are not allowed to
disabilities from conviction and restores his civil
serve more than two successive terms.
and political rights; makes him as if a new man
EXECUTIVE CLEMENCY and gives him a new credit and capacity
Q – Who has the power to grant Executive 2. Does not discharge civil liability
Clemency?
Prepared by : Gelacio, Maevelyn G.

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CONSTITUTIONAL LAW 1 Atty. Rolando A. Suarez
FINAL REVIEWER 2019 Political Law Reviewer 2018
3. Does not discharge an insolvent debtor from
liability
4. Does not discharge liability for costs
5. Discharges fine
6. Bars a subsequent action for disbarment,
where the proceeding to disbar are founded on a
statute making the fact of conviction for a felony
a ground for disbarment
Q – What are the conditions for granting
emergency powers?
A – Emergency powers can be granted subject to
the existence of the following conditions:
CODE: WA-LI-NA-RE
WA-r or other national emergency (There must
be war or other national emergency.)
LI-mited period (It must be for a limited
period.)
NA-tional policy (The emergency powers must
be exercised to carry out a national policy
declared by Congress.)
RE-strictions that Congress may prescribe (The
delegation must be subject to such restrictions as
the Congress may prescribe.)

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CONSTITUTIONAL LAW 1 Atty. Rolando A. Suarez

Qualifications of the President 2. Cannot be granted in cases of violation of

Prepared by : Gelacio, Maevelyn G.

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