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    Consti 1 Finals Samplex

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    Marton Emile Desales
    The document discusses several issues regarding the separation of powers between the executive and legislative branches of government in the Philippines: 1) The President may reject judicial nominees submitted by the Judicial and Bar Council (JBC) but cannot compel the JBC to provide a new list of nominees. 2) The President cannot unilaterally exercise emergency powers through executive order alone without legislation defining the scope and standards; emergency powers require a valid law. 3) The President cannot appoint an acting Chairperson of the Commission on Audit (COA) as that could compromise the independence of the commission. 4) Requiring legislative approval of rules promulgated by the Department of Environment and Natural Resources would

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    Consti 1 Finals Samplex

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    Marton Emile Desales
    204 views3 pages
    The document discusses several issues regarding the separation of powers between the executive and legislative branches of government in the Philippines: 1) The President may reject judicial nominees submitted by the Judicial and Bar Council (JBC) but cannot compel the JBC to provide a new list of nominees. 2) The President cannot unilaterally exercise emergency powers through executive order alone without legislation defining the scope and standards; emergency powers require a valid law. 3) The President cannot appoint an acting Chairperson of the Commission on Audit (COA) as that could compromise the independence of the commission. 4) Requiring legislative approval of rules promulgated by the Department of Environment and Natural Resources would

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    The document discusses several issues regarding the separation of powers between the executive and legislative branches of government in the Philippines: 1) The President may reject judicial nominees submitted by the Judicial and Bar Council (JBC) but cannot compel the JBC to provide a new list of nominees. 2) The President cannot unilaterally exercise emergency powers through executive order alone without legislation defining the scope and standards; emergency powers require a valid law. 3) The President cannot appoint an acting Chairperson of the Commission on Audit (COA) as that could compromise the independence of the commission. 4) Requiring legislative approval of rules promulgated by the Department of Environment and Natural Resources would

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    204 views3 pages

    Consti 1 Finals Samplex

    Uploaded by

    Marton Emile Desales
    The document discusses several issues regarding the separation of powers between the executive and legislative branches of government in the Philippines: 1) The President may reject judicial nominees submitted by the Judicial and Bar Council (JBC) but cannot compel the JBC to provide a new list of nominees. 2) The President cannot unilaterally exercise emergency powers through executive order alone without legislation defining the scope and standards; emergency powers require a valid law. 3) The President cannot appoint an acting Chairperson of the Commission on Audit (COA) as that could compromise the independence of the commission. 4) Requiring legislative approval of rules promulgated by the Department of Environment and Natural Resources would

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 3

    1. Yes.

    The President may reject the shortlist of Justices or Judges submitted by

    the JBC if he dislikes the roster of nominees submitted to him. What he cannot do is ask

    the JBC to come up with a new list of nominees.

    A petition for mandamus however cannot compel the JBC to include a particular

    nominee in the list submitted. A petition for mandamus will only work if there is a

    ministerial duty on the part of the government.

    The JBC is an independent body which can promulgate its own rules for the

    selection process. The nature of its power is discretionary. The court through a petition

    for mandamus cannot compel the JBC to act on a matter that is constitutionally

    mandated to be subject to its own discretion.

    The court only has administrative supervision over the JBC. The only remedy

    that may be availed in this instance is a petition for review on certiorari. This is to

    determine whether or not the JBC in the exercise of his duty committed a grave abuse

    of discretion amounting to lack or excess of jurisdiction.

    2. No. Under the Philippine Constitution, the President may exercise emergency

    powers. However, unlike his commander-in-chief powers, emergency powers are not

    inherent in the executive because they are by their nature legislative. For the President

    to be able to exercise emergency power, such as the power to take over public or

    private utilities and business, there must be a valid delegation of legislative branch via a

    law which is complete by itself and has safeguards or standards which will define the

    extent to which the President can exercise such powers. Furthermore, emergency
    powers can only be invoked in instances where there is a national emergency such as

    natural calamities.

    The President, via an EO alone cannot exercise emergency powers for that

    would be tantamount to a usurpation of legislative power.

    4. No. The President may not appoint a chairperson of COA in an acting capacity

    even in view of the death of the incumbent chairperson.

    Acting appointments are those appointments that do not enjoy the security of

    tenure. They may be removed anytime at the pleasure of the appointing authority. Given

    that by their very nature they are temporary and their tenure depends on the whims of

    the appointing authority, they are susceptible to influence from the appointing authority.

    Appointment in an acting capacity is not allowing in the COA because the

    independence of the commission may be compromised. The possibility of situations

    where the acting appointee may be compelled to do favors for the appointing authority

    which will taint the independence of the commission from external influence.

    5. No, that would be tantamount to a legislative veto, an oversight function not

    allowed in our Constitution because it will be a usurpation of the executive power by the

    legislative.

    The Constitution has stated that the legislative branch has powers of oversight.

    This is a post enactment measure which is granted to oversee whether the laws are

    faithfully enacted. However, congressional oversight is only limited to monitoring and

    investigating (legislative inquiries). They cannot directly interfere in the implementation


    of laws. If DEM rules require prior approval from a joint oversight congressional

    committee that would be as if the oversight committee is the one promulgating the rules.

    There will be a violation of the doctrine of separation of powers insofar as the legislative

    directly performs executive functions.

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