Legislative Dept.

Bill- legislation
Question Hour(check and balances)- Oversight implementation of legislation

Question Hour v. Legislative investigation

Different/not similar
Definition
A. Question Hour-exercise of the oversight power (check and balances)- Oversight
implementation of legislation-Hearing
Optional attendance, may not attend, discretion
Does not impede separation of power

B. Legislative Investigation(political question)-hearing

In aid of legislation- cannot go beyond legislation
Will violate separation of powers where the case is already in the jurisdiction
of courts
Determine the FACTS (law should have scientific evidence-support enactment
of law)
Not applicability

Respect Rights
Violation of Separation of powers

Assertion of Executive Privilege-Can only be asserted by president(cabinet members

alter ego),Communication in behalf of the president- Letter by the Executive
Secretary, covered in the scope of privilege, president decide if its covered by the
privilege
Senate v. Ermita
Description covered by the exec privilege- the e.o provided the scope, Constitution
Appearance by heads of departments before the congress-consti
Who are covered?-unconsti
Appearance of other public officials before congress-unconsti

Garciallano v HR

No published rules-violation of right to due process

Congress non continuing, previous rules do not have effect

Sabio v. Gordon
E.O. 1 repealed by the 1987 constitution
Sabio may be compelled.

OVERSIGHT-make sure law is being implemented

Separation of powers, checks and balances- prevent the exec to act beyond
whats provided by law
Implementation of the enacted the law

Approval of IRR- not within the power of the Congress(executive power)-beyond the
power to oversight.

Canvassers
After adjournment of congress- purely legislative functions are adjourned
Acting as Canvasers(Admistrative/ Executive)

Executive Department-(President)
LGUs- power to supervise
Other alter egos- power to control (decisions of alter ego are presumed to be the
decisions of the president unless revoke or modified) Qualified Political agency
Agency- Alter ego- agents of the president
Political- Decisions and Policies
Qualified- not Absolute

President- Execute laws power to enforce and administer the laws

Estrada v. Arroyo
Resignation v. temporary disability
CJ administered the oath of Arroyo.
Held Estrada can no more return as Pres. He already resigned IMPLIED
resignation Diary of Angara- Intention to resign lacks only a letter addressed to
the congress

Political Question(cannot be reviewed by the court, court without jurisdiction)Congress already acknowledged/recognized, by issuing a resolution, Gloria
Macapagal as President
Estrada(resigned) can no more run for election as president.

Exceptions to Prohibition
Ex-officio- add on responsibility- no compensation

Powers of the President

Marcos v. Manglapus
Whether or not the pres. May bar the fam of marcos return to Phil(flexibility of
power)
Constitution- silent to right to return
International Right-Right to return, abode , travel
Right to return, part of law of the land . but not absolute.
Can the president actually bar, is that an abuse of discretion.
She can if it can be justified

Almario v. Exec
WON(restriction)