Professional Documents
Culture Documents
We had a
discussion on the limitations of that power among which is that there are certain appointments in the
Constitution which would require certain parameters, appointments to the judiciary as well as to the
Ombudsman that would require the recommendation of the JBC, etc. as well as the limitation on the
appointment insofar as the appointments by the President is concerned. Naa pud ta'y appointments na
kailangan i-confirm by the Commission on Appointments (CA). So even if the President can be ______
the power is not proved that plenary, it can be subject to the limitations under the law as well as under
the Constitution.
There was a case we discussed which questioned ...Remember the case when the President issued
appointments in acting capacity to cabinet members while Congress was in session. This means that
operative ang Commission on Appointments (CA). She (president at that time) issued the acting
appointments so that it would not subject to the evaluation of the CA and after nagstop/nagrecess ang
Congress, naterminate ang temporary appointments. Nag-issue siya ug ad interim appointments. Now, is
that subject to the _____ as said in that earlier case? The Court said that there is no need to fear
because these temporary appointments cannot exceed one (1) year and in the same way, we have
temporary designations which have the same limitation --- cannot exceed 1 year. That is provided for in
the Administrative Code. By the same designation, there is no need for appointments. You are already
appointed, gitagaan na ka ug additional duties. Here, the President can designate an officer already in
the government service, perfoming functions on all the office in the executive branch to which specified
by law when the officer already appointed is unable to perform his duties by reason of illness, absence
or any other cause, or there is a vacancy. So pwede magtemporary designate si President not to exceed 1
year or for the current appointee to do the duties of this person who is unable to do his duties or has
already vacated. So, 1 year lang ang temporary designation. So those are the limitations insofar as the
President is concerned.
What about the limitations on the appointing power of the Acting President? Who is this Acting
President? Who can act as President? Meaning dili jud siya maging President, only acts as President in
the meantime. There are provisions in Article VII, Vice President can act/shall act as President until the
President direction have qualified. Vice President can also act as President until the President shall be
chosen and qualified. Also, the Speaker of the House, Senate President can also act or be the acting
president under certain conditions in the Constitution. Even if the acting president performs the powers
The same limitation on midnight appointments is also given to the acting president under Section 15,
Article VII of the Constitution.
"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 (as a general rule), except temporary
appointments to executive positions when continued vacancies therein will prejudice public service or
endanger public safety."
Now we go to the power of the President to grant executive clemency. It can be found in Article VII,
Section 19 of the Constitution.
"Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final
judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of
the Congress."
The general rule is that President can grant executive clemencies except in cases of impeachment or as
otherwise provided in the Constitution. One of the limitations of this aside from the President cannot
grant this in cases of impeachment is that if there is a violation of election laws rules and regulations. Dili
siya dapat magpataka ug hatag ug pardon, amnesty, parole, or suspension of sentence especially if there
is no favor or recommendation by the Commission on Elections (COMELEC). That is only limited to in
violation of the election laws rules and regulations. So we are talking about the President to grant
executive clemencies. This is exercised by the President using his discretion and as a rule, it cannot be
controlled by the legislature or reversed by the courts unless there is a violation on the Constitution as
jurisprudence is consistent. Any limitation given or imposed by the Congress or by the President beyond
the Constitution, it cannot be sustained. The courts also have a very limited power to review the power
of the President to grant executive clemency.
Distinguish amnesty from the rest of the forms of executive clemencies. There are limitations on the
power stated in the Constitution. It cannot be granted in cases of impeachment and for election
offenses, there must be a favorable recommendation from the COMELEC. There is also this requirement
for the grant of pardons, etc. There must be a final judgment -- conviction has been final.
What are the differences of an amnesty and pardon? Probably this will be asked in your criminal law.
1. Anyway, when we talk about amnesty, it is given to political offenses and offenders -- there is a reason
to their acts. Pardon, on the other hand, refers to offenses which violate the laws of the state -- ordinary
offenses.
2. When we talk about amnesty, it is given to a class or classes of persons. Pardon, on the other hand, is
given to an individual.
3. Amnesty may not be accepted; pardon, however, has to be accepted because it is a contract between
you and the pardoning authority.
4. Amnesty requires the concurrence of Congress; pardon does not require the concurrence of Congress.
5. Amnesty is a public act; the court shall take judicial notice to that; pardon is not a public act but a
private act -- meaning you have to prove it if you want to settle that as a defense.
6. Amnesty looks backward and puts the offense into oblivion as it didn't commit any offense it as an
offense; pardon looks forward and relieves you from consequences -- you have to admit that you
committed the offense, meaning wala narevoke imong guilt.
These are when the judgment is deemed final and executory. Therefore, the judgment of conviction is
still pending appeal, wala ning 4 instances, then it is not yet final and executive clemency may not yet be
granted. The court discussed here that there were prior rulings that the fact that the pardon is issued, it
serves to put an end to an appeal. The court didn’t subscribe to those rulings because those are orbiter
dictum. What is the reason why the Constitution provides conviction by final judgment? This is to
prevent the President from exercising executive power in delegation of judicial power. The fact that you
filed for an appeal before the court, it brings the case within the exclusive jurisdiction of the appellate
court and therefore naay claim of the separation of powers. You are already subjecting your case to the
judgment of the court, so dili pwede madefeat ang powers sa court by the President in a way of giving
you executive clemency. Had not the President, the Constitution adopted the conviction by final
judgment, the President could anytime, without the knowledge of the court, extend executive clemency
to anyone he wants to give presidential mercy. There is a risk if that is also sustained because there could
be a failure of justice or frustration of the legislation of justice in the delegation of the power of the
courts. Before the person be granted pardon, he must ask first for the withdrawal of his appeal -- the
In RE: Torres
Torres was convicted of estafa and was granted conditional pardon on condition that he would “not
again violate any of the penal laws of the Philippines.” Eventually, the Board of Pardons and Parole
resolved to recommend to the President the cancellation of the conditional pardon because he was
charged with twenty counts of estafa and convicted of sedition. His conditional pardon was cancelled.
Torres, through his wife and children, went to the Supreme Court on the ground that his right to due
process was violated when the President decides to cancel the pardon without giving Torres the
opportunity to rebut that he violated his conditional pardon. Is he correct? The court said that NO. A
conditional pardon is in the nature of a contract between the sovereign power or the Chief Executive and
the convict to the effect that the former (Chief Executive) will release the latter (convict) subject to the
condition that if he doesn’t comply with the terms of the pardon, he will be recommitted to prison to
serve his unexpired portion of the sentence. Can the courts determine the President gravely abused his
discretion improving the conditional pardon? The court said NO because it violates the determination of
conditional pardon which rests exclusively in the sound judgment of the Chief Executive. However,
erroneous of the findings may be upon which his recommitment was ordered. The power to determine
whether or not there is violation in the conditional pardon is solely vested in the Chief Executive.
There are different grounds by which probation may be terminated. In fact, probation is a mode of
punishment; pardon, on the other hand, is an executive act which binds the judges. What is the
distinction between suspension of sentence, that is probation, and reprieves and commutation?
Distinction between reprieves and suspension of sentence, which is probation, is that a reprieve is an
executive power and a form of executive clemency, postpones the execution of sentence to a certain;
probation granted suspends the sentence at an indefinite time. The court concluded that these 2 powers
are different. The Probation Act is not in conflict with the pardoning power of the executive. However,
the court challenged the law insofar as Section 11 of this law is concerned. The court said that that
provision is unconstitutional for 2 grounds: 1) violation of the equal protection of laws and 2) undue
delegation of legislative power.
What is parole? Parole is the release from imprisonment of a convict but without full restoration of
liberty. The power to grant parole is given to the Chief Executive.