Category Archives: Political Law

The power to appoint vested in the President includes the power to make temporary appointments, unless he is otherwise specifically prohibited by the Constitution or by the law, or where an acting appointment is repugnant to the nature of the office involved

I.               Nature of petitioner’s appointment a.                 A staggered term of office is not inconsistent with an acting appointment The petitioner asserts that contrary to what appears in his appointment paper, the appointment extended to him was really a regular appointment; … Continue reading

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The President’s act of delegating authority to the Secretary of Justice by virtue of said Memorandum Circular is well within the purview of the doctrine of qualified political agency, long been established in our jurisdiction

Anent the 1st, 2nd and 4th  assigned errors, petitioner argues that the refusal of the OP to act on her petition could not be justified as falling within the ambit of the doctrine of  qualified political agency; that while the … Continue reading

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Agreement need not be in the form of a treaty

On December 11, 2009, then President Arroyo signed into law Republic Act No. (RA) 9851, otherwise known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.”  Sec. 17 of RA 9851, particularly the … Continue reading

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The Constitution vests in the President the power to enter into international agreements, subject, in appropriate cases, to the required concurrence votes of the Senate. Executive agreements may be validly entered into without such concurrence.

Petitioner’s final point revolves around the necessity of the Senate’s concurrence in the Agreement.  And without specifically saying so, petitioner would argue that the non-surrender agreement was executed by the President, thru the DFA Secretary, in grave abuse of discretion. … Continue reading

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The terms “exchange of notes” and “executive agreements” have been used interchangeably, exchange of notes being considered a form of executive agreement that becomes binding through executive action

Validity of the RP-US Non-Surrender Agreement  Petitioner’s initial challenge against the Agreement relates to form, its threshold posture being that E/N BFO-028-03 cannot be a valid medium for concluding the Agreement. Petitioners’ contention––perhaps taken unaware of certain well-recognized international doctrines, … Continue reading

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The right of the Executive to enter into binding agreements without the necessity of subsequent Congressional approval has been confirmed by long usage

Senate Concurrence Not Required Article 2 of the Vienna Convention on the Law of Treaties defines a treaty as “an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or … Continue reading

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President has the power of supervision, not control, over local government units (LGUs)

The Constitution vests the President with the power of supervision, not control, over local government units (LGUs).  Such power enables him to see to it that LGUs and their officials execute their tasks in accordance with law.  While he may … Continue reading

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