ATTY.

VERA CRUZ CLASS NOTES:

1. As to QUORUM: a. Majority of the House: This pertains to the members who are present or who are capable of attending. b. Majority of All Members: This pertains to ALL MEMBERS whether present or not.

2. Principle of Enrolled Bill: a. Proof of due enactment b. Evidence of due execution c. Conclusive as to enactment and tenor of provisions of said bill 3. Even if what is involved is a political question, if there is a matter regarding grave abuse of discretion amounting to lack or excess of jurisdiction, the Supreme Court can still take cognizance of the case under its expanded jurisdiction.

4. Presidential veto of a bill: General Rule: The President must veto or approve a bill in its entirety. Exception: When a bill is an appropriation, revenue or tariff in nature, the President may make use of item veto. 5. Executive impoundment: It is the refusal (by whatever reason) of the executive branch (President) to pursue a project even if money had already been appropriated for such. 6. Residual powers: If not legislative or judicial in character (in other words, cannot be categorized), certain power exercised is executive in nature. 7. Power of Control: Power of an officer to alter, modify, nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former with that of the latter. Power of supervision:

Overseeing power. The power or authority of an officer to see that the subordinate officers perform their duties. If the latter fail or neglect to fulfill them, the former may take such action or steps as prescribed by law to make them perform their duties.

8. In our jurisdiction, suing the President is equivalent to suing the state (This applies only to all official acts of the President) -In our jurisdiction, the private acts of the President can be cause for suit. However, he cannot be brought to court during his term. 9. Function impairment test (under the Neri doctrine): It is a tool to balance the interests of the executive. Balance which is more important. Either: a. to withhold information or b. to disclose information

ATTY VERA CRUZ TIPS FOR FINALS: 1. EMERGENCY POWERS 2. DAVID ET AL V ARROYO CASE 3. BAR EXAM QUESTIONS 4. DISTINGUISH: CONTROL FROM SUPERVISION AND ENROLLED BILL FROM JOURNAL ENTRY 5. GRADUATED POWERS OF THE PRESIDENT AS COMMANDER IN CHIEF: (CALLING OUT POWER, POWER TO DECLARE MARTIAL LAW AND POWER TO SUSPEND THE PRIVILEGE OF THE WRIT OF THE HABEAS CORPUS)