MARCOS VS MANGLAPUS 177 SCRA RULING:

668
YES. The Constitution provides that
FACTS: "[t]he executive power shall be vested
in the President of the Philippines."
After Ferdinand Marcos was deposed [Art. VII, Sec. 1]. However, it does not
from the presidency, he and his family define what is meant by “executive
fled to Hawaii. Now in his deathbed, power" although in the same article it
petitioners are asking the court to touches on the exercise of certain
order the respondents to issue their powers by the President, i.e.,
travel documents and enjoin the
implementation of the President’s a. the power of control over all
decision to bar their return to the executive departments, bureaus and
Philippines. Petitioners contend under offices,
the provision of the Bill of Rights that b. the power to execute the laws,
the President is without power to c. the appointing power,
impair their liberty of abode because d. the powers under the commander-
only a court may do so “within the in-chief clause,
limits prescribed by law.” Nor, e. the power to grant reprieves,
according to the petitioners, may the commutations and pardons,
President impair their right to travel f. the power to grant amnesty with the
because no law has authorized her to concurrence of Congress,
do so. g. the power to contract or guarantee
foreign loans,
ISSUE: h. the power to enter into treaties or
international agreements,
Does the president have the power to i. the power to submit the budget to
bar the Marcoses from returning to Congress, and
the Philippines? j. the power to address Congress [Art.
VII, Sec. 14-23].
MOTION FOR RECONSIDERTION
RESOLUTION: The inevitable question then arises: by
It cannot be denied that the President, enumerating certain powers of the
upon whom executive power is vested, President did the framers of the
has unstated residual powers which Constitution intend that the President
are implied from the grant of shall exercise those specific powers
executive power and which are and no other? Are these enumerated
necessary for her to comply with her powers the breadth and scope of
duties under the Constitution. The "executive power"?
powers of the President are not
limited to what are expressly Although the 1987 Constitution
enumerated in the article on the imposes limitations on the exercise of
Executive Department and in specific powers of the President, it
scattered provisions of the maintains intact what is traditionally
Constitution. considered as within the scope of
"executive power." Corollary, the
powers of the President cannot be DENR VS. DENR EMPLOYEES
said to be limited only to the specific 409 SCRA 359 (2003)
powers enumerated in the G.R. No. 149724
Constitution. In other words,
executive power is more than the sum
of specific powers so enumerated, FACTS:
The Constitution declares among the
guiding principles that "[t]he prime On November 15, 1999, Regional
duty of theGovernment is to serve and Executive Director of the Department
protect the people" and that "[t]he of Environment and Natural
maintenance of peace and order,the Resources for Region XII, Israel C.
protection of life, liberty, and Gaddi, issued a Memorandum3
property, and the promotion of the directing the immediate transfer of
general welfare are essential for the the DENR XII Regional Offices from
enjoyment by all the people of the Cotabato City to Koronadal (formerly
blessings of democracy." [Art. II, Secs. Marbel), South Cotabato. The
4 and 5.] Memorandum was issued pursuant to
DENR Administrative Order No. 99-14,
Admittedly, service and protection of issued by then DENR Secretary
the people, the maintenance of peace Antonio H. Cerilles, which reads in
and order, the protection of life, part:
liberty and property, and the
promotion of the general welfare are Subject: Providing for the Redefinition
essentially ideals to guide of Functions and Realignment of
governmental action. But such does Administrative Units in the Regional
not mean that they are empty words. and Field Offices:
Thus, in the exercise of presidential
functions, in drawing a plan of
government, and in directing Section 1.6. The supervision of the
implementing action for these plans, Provinces of South Cotabato and
or from another point of view, in Sarangani shall be transferred from
making any decision as President of Region XI to XII.4
the Republic, the President has to
consider these principles, among Respondents, employees of the DENR
other things, and adhere to them. Region XII who are members of the
employees association, "COURAGE",
To the President, the problem is one of represented by their Acting President,
balancing the general welfare and the Baguindanai A. Karim, filed with the
common good against the exercise of Regional Trial Court of Cotabato, a
rights of certain individuals. The petition for nullity of orders with
power involved is the President's prayer for preliminary injunction.
residual power to protect the general
welfare of the people. It is founded on Respondents filed a petition for nullity
the duty of the President, as steward of orders with prayer for preliminary
of the people. injunction. THE RTC of Cotabato
issued TRO against DENR Sec and
Regional Executive Director from petitioners knowledge and belief, and
transferring the offices (6) wrong remedy of certiorari under
Rule 65 to substitute a lost appeal.
DENR then filed a Motion for
Reconsideration, asserting that: The
power to transfer the Regional Office ISSUE:
of the Department of Environment
and Natural Resources (DENR) is Whether the DENR Secretary can
executive in nature; The decision to transfer the DENR Offices from Region
transfer the Regional Office is based XII in Cotabato City to Region XI at
on Executive Order No. 429, which Koronodal, South Cotabato.
reorganized Region XII; The validity of
EO 429 has been affirmed by the RULING:
Honorable Supreme Court in the Case
of Chiongbian vs. Orbos (1995) 245 YES. Under this doctrine, which
SCRA 255.; Since the power to recognizes the establishment of a
reorganize the Administrative Regions single executive, all executive and
is Executive in Nature citing administrative organizations are
Chiongbian, the Honorable Court has adjuncts of the Executive Department,
no jurisdiction to entertain this the heads of the various executive
petition. departments are assistants and agents
of the Chief Executive, and, except in
RTC then decided, ordering the DENR cases where the Chief Executive is
to cease and desist from enforcing required by the Constitution or law to
their Memorandum Order xxx for act in person or the exigencies of the
being bereft of legal basis and issued situation demand that he act
with grave abuse of discretion personally, the multifarious executive
amounting to lack or excess of and administrative functions of the
jurisdiction on their part, and they are Chief Executive are performed by and
further ordered to return back the through the executive departments,
seat of the DENR Regional Offices 12 and the acts of the Secretaries of such
to Cotabato City. departments, performed and
promulgated in the regular course of
Petition for certiorari with the CA was business, are, unless disapproved or
dismissed for procedural errors: (1) reprobated by the Chief Executive,
failure to submit a written explanation presumptively the acts of the Chief
why personal service was not done on Executive.16
the adverse party; (2) failure to attach
affidavit of service; (3) failure to This doctrine is corollary to the
indicate the material dates when control power of the President as
copies of the orders of the lower court provided for under Article VII, Section
were received; (4) failure to attach 17 of the 1987 Constitution.
certified true copy of the order
denying petitioners motion for However, as head of the Executive
reconsideration; (5) for improper Department, the President cannot be
verification, the same being based on expected to exercise his control (and
supervisory) powers personally all the Government may validly be delegated
time. He may delegate some of his to his cabinet members exercising
powers to the Cabinet members control over a particular executive
except when he is required by the department. Thus, in DOTC Secretary
Constitution to act in person or the v. Mabalot,21 we held that the
exigencies of the situation demand President – through his duly
that he acts personally.17 constituted political agent and alter
ego, the DOTC Secretary – may legally
In Buklod ng Kawaning EIIB v. and validly decree the reorganization
Zamora,18 this Court upheld the of the Department, particularly the
continuing authority of the President establishment of DOTC-CAR as the
to carry out the reorganization in any LTFRB Regional Office at the
branch or agency of the executive Cordillera Administrative Region, with
department. Such authority includes the concomitant transfer and
the creation, alteration or abolition of performance of public functions and
public offices.19 The Chief Executive’s responsibilities appurtenant to a
authority to reorganize the National regional office of the LTFRB.
Government finds basis in Book III,
Section 20 of E.O. No. 292, otherwise Similarly, in the case at bar, the DENR
known as the Administrative Code of Secretary can validly reorganize the
1987. DENR by ordering the transfer of the
DENR XII Regional Offices from
Further, in Larin v. Executive Cotabato City to Koronadal, South
Secretary,20 this Court had occasion Cotabato. The exercise of this
to rule: authority by the DENR Secretary, as an
alter ego, is presumed to be the acts of
This provision speaks of such other the President for the latter had not
powers vested in the President under expressly repudiated the same.
the law. What law then gives him the
power to reorganize? It is Presidential In Chiongbian v. Orbos, this Court
Decree No. 1772 which amended stressed the rule that the power of the
Presidential Decree No. 1416. These President to reorganize the
decrees expressly grant the President administrative regions carries with it
of the Philippines the continuing the power to determine the regional
authority to reorganize the national centers. In identifying the regional
government, which includes the centers, the President purposely
power to group, consolidate bureaus intended the effective delivery of the
and agencies, to abolish offices, to field services of government
transfer functions, to create and agencies.23 The same intention can be
classify functions, services and gleaned from the preamble of the
activities and to standardize salaries assailed DAO-99-14 which the DENR
and materials. sought to achieve, that is, to improve
the efficiency and effectiveness of the
Applying the doctrine of qualified DENR in delivering its services.
political agency, the power of the
President to reorganize the National
It may be true that the transfer of the acting secretaries of their respective
offices may not be timely considering departments.
that: (1) there are no buildings yet to
house the regional offices in Sir:
Koronadal, (2) the transfer falls on the
month of Ramadan, (3) the children of Pursuant to the provisions of existing
the affected employees are already laws, you are hereby appointed
enrolled in schools in Cotabato City, ACTING SECRETARY, DEPARTMENT
(4) the Regional Development Council OF (appropriate department) vice
was not consulted, and (5) the (name of person replaced).
Sangguniang Panglungsond, through a
resolution, requested the DENR By virtue hereof, you may qualify and
Secretary to reconsider the orders. enter upon the performance of the
However, these concern issues duties and functions of the office,
addressed to the wisdom of the furnishing this Office and the Civil
transfer rather than to its legality. It is Service Commission with copies of
basic in our form of government that your Oath of Office.
the judiciary cannot inquire into the
wisdom or expediency of the acts of (signed)
the executive or the legislative
department,24 for each department is Gloria Arroyo
supreme and independent of the
others, and each is devoid of authority Congress adjourned on 22 September
not only to encroach upon the powers 2004. On 23 September 2004,
or field of action assigned to any of the President Arroyo issued ad interim
other department, but also to inquire appointments[3] to respondents as
into or pass upon the advisability or secretaries of the departments to
wisdom of the acts performed, which they were previously appointed
measures taken or decisions made by in an acting capacity. The appointment
the other departments.25 papers... are uniformly worded as
follows:
PIMENTEL V ERMITA
Sir:
FACTS:
Pursuant to the provisions of existing
The Senate and the House of laws, you are hereby appointed
Representatives ("Congress") SECRETARY [AD INTERIM],
commenced their regular session on DEPARTMENT OF (appropriate
26 July 2004. The Commission on department).
Appointments, composed of Senators
and Representatives, was constituted By virtue hereof, you may qualify and
on 25 August 2004. enter upon the performance of the
duties and functions of the office,
Meanwhile, President Arroyo issued furnishing this Office and the Civil
appointments[2] to respondents as Service Commission with copies of
your oath of office.
 permanent appointee of her choice
(signed) could assume office. Congress,
through a law, cannot impose on the
Gloria Arroyo President the obligation to appoint
automatically the undersecretary as
Petitioners file for certiorari and her temporary alter ego. An alter ego,
prohibition with a prayer for the whether temporary or permanent,
issuance of a writ of preliminary holds a position of great trust and
injunction to declare unconstitutional confidence. Congress, in the guise of
the appointments issued by President prescribing qualifications to an office,
Gloria Macapagal-Arroyo (“President cannot impose on the President who
Arroyo”) through Executive Secretary her alter ego should be.
Eduardo R. Ermita (“Secretary
Ermita”) to Florencio B. Abad, Avelino The office of a department secretary
J. Cruz, Jr., Michael T. Defensor, Joseph may become vacant while Congress is
H. Durano, Raul M. Gonzalez, Alberto in session. Since a department
G. Romulo, Rene C. Villa, and Arthur C. secretary is the alter ego of the
Yap (“respondents”) as acting President, the acting appointee to the
secretaries of their respective office must necessarily have the
departments.The petition also seeks to President’s confidence. Thus, by the
prohibit respondents from performing very nature of the office of a
the duties of department secretaries. department secretary, the President
must appoint in an acting capacity a
ISSUE: person of her choice even while
Congress is in session. That the person
Whether President Arroyo’s may or may not be the permanent
appointment of Defensor et al. as appointee, but practical reasons may
acting secretaries was constitutional, make it expedient that the acting
even without the consent of the appointee will also be the permanent
Commission on Appointments while appointee. The law expressly allows
Congress is in session. the president to make such acting
appointment. Section 17, Chapter 5,
RULING: Title I, Book III of EO 292 states that
“the President may temporarily
YES. In the essence of an appointment designate an officer already in the
in an acting capacity is its temporary government service or any other
nature. It is a stop-gap measure competend person to perform the
intended to fill an office for a limited functions of an office in the executive
time until the appointment of a branch”. Thus, the President may even
permanent occupant to the office. In appoint in an acting capacity a person
case of vacancy in an office occupied not yet in the government service as
by an alter ego of the President, such long as the President deems that
as the office of a department person competent. Pimentel et al.
secretary, the President must assert that Section 17 does not apply
necessarily appoint an alter ego of her to appointments vested in the
choice as acting secretary before the President by the Constitution, because
it only applies to appointments vested readily apparent from President
in the President by law. Petitioners Arroyo’s issuance of ad interim
forget that Congress is not the only appointments to Defensor et al.
source of law. Law refers to the immediately upon the recess of
Constitution, statutes or acts of Congress, way before the lapse of one
Congress, municipal ordinances, year.
implementing rules issued pursuant to
law, and judicial decisions. DE RAMA VS CA
353 SCRA 94
Finally, Pimentel et al. claim that the
issuance of appointments in an acting CONRADO L. DE RAMA, petitioner,
capacity is susceptible to abuse. They vs.
however fail to consider that acting THE COURT OF APPEALS (NINTH
appointments cannot exceed one year DIVISION, THE CIVIL SERVICE
as expressly provided in Section COMMISSION), ELADIO MARTINEZ,
17(3), Chapter 5, Title 1, Book III of EO DIVINO DE JESUS, MORELL AYALA,
292. The law has incorporated this ARISTEO CATALLA, DAISY PORTA,
safeguard to prevent abuses, like the FLORDELIZA ORIASEL, GRACIELA
use of acting appointments as a way to GLORY, FELECIDAD ORINDA Y, MA.
circumvent confirmation by the PETRA MUFFET LUCE, ELSA MARINO,
Commission on Appointments. In BERNARDITA MENDOZA, JANE
distinguishing ad interim MACATANGA y ADELFO GLODOVIZA
appointments from appointments in and FLORENIO RAMOS, respondents.
an acting capacity, a noted textbook
writer on constitutional law has FACTS:
observed that “Ad-interim
appointments must be distinguished Evelyn Abeja run for reelection but
from appointments in an acting lost to de Rama. Before she vacated
capacity. Both of them are effective her office, she extended permanent
upon acceptable. But ad-interim appointments to 14 new employees of
appointments are extended only the municipal government. de Rama,
during a recess of Congress, whereas upon assuming office, recalled said
acting appointments may be extended appointments contending that these
any time there is a vacancy. Moreover were “midnight appointments” and,
ad-interim appointments are therefore, prohibited under Sec. 15
submitted to the Commission on Art. VII of the Constitution. SC held
Appointments for confirmation or that the records reveal that when de
rejection; acting appointments are not Rama brought the matter recalling the
submitted to the Commission on appointments of the 14 employees
Appointments. Acting appointments before the Civil Service Commission,
are a way of temporarily filing the only reason he cited to justify his
important offices but if abused they actions that these were “midnight
can also be a way of circumventing the appointments” that are forbidden
need for confirmation by the COA.” under the Constitution. However, the
The court finds no abuse in the CSC ruled, and correctly so, that the
present case. The absence of abuse is said prohibitions applies only to
presidential appointments. In truth those made within 2 months
and in fact, there is no law that immediately prior to the next
prohibits local elective officials from presidential elections, applies only to
making appointments during the last the President or Acting President.
days of his or her tenure. There is no law that prohibits local
elective officials from making
Upon his assumption to the position of appointments during the last days of
Mayor of Pagbilao, Quezon, petitoner his or her tenure.
Conrado De Rama wrote a letter to the
CSC seeking the recall of the It is the CSC that is authorized to recall
appointments of 14 municipal an appointment initially approved, but
employees. Petitioner justified his only when such appointment and
recall request on the allegation that approval are proven to be in disregard
the appointments of said employees of applicable provisions of the civil
were “midnight” appointments of the service law and regulations. Rule V,
former mayor, done in violation of Art. Section 9 of the Omnibus
VII, Sec. 15 of the Constitution. The Implementing Regulations of the
CSC denied petitioner’s request for the Revised Administrative Code
recall of the appointments of the 14 specifically provides that “an
employees for lack of merit. The CSC appointment accepted by the
dismissed petitioner’s allegation that appointee cannot be withdrawn or
these were “midnight” appointments, revoked by the appointing authority
pointing out that the constitutional and shall remain in force and in effect
provision relied upon by petitioner until disapproved by the Commission.
prohibits only those appointments
made by an outgoing President and Accordingly, the appointments of the
cannot be made to apply to local private respondents may only be
elective officials. The CSC opined that recalled on the following grounds: (a)
the appointing authority can validly Non-compliance with the
issue appointments until his term has procedures/criteria provided in the
expired, as long as the appointee agency’s Merit Promotion Plan; (b)
meets the qualification standards for Failure to pass through the agency’s
the position. Selection/Promotion Board; (c)
Violation of the existing collective
ISSUE: agreement between management and
employees relative to promotion; or
Whether or not the appointments (d) Violation of other existing civil
made by the outgoing Mayor are service law, rules and regulations.
forbidden under Art. VII, Sec. 15 of the
Constitution
PEOPLE VS. CASIDO
HELD: G.R. NO. 116512 MARCH 7, 1997
PEOPLE OF THE PHILIPPINES,
YES. The CSC correctly ruled that the PLAINTIFF-APPELLEE,
constitutional prohibition on so-called VS.
“midnight appointments,” specifically
WILLIAM O. CASIDO @ "MARIO," AND and diligence in the performance of
FRANKLIN A. ALCORIN @ "ARMAN," their duty to save the President from
ACCUSED-APPELLANTS. embarrassment. However, since
amnesty, unlike pardon, may be
FACTS: granted before or after the institution
of the criminal prosecution and even
Accused applied for and was granted after conviction, the release of accused
conditional pardon by the President was valid on the ground of the
while their appeals were pending amnesty extended to them.
before the Supreme Court. William
Casido and Franklin Alcorin applied The release of accused-appellants was
for pardon, as well as for amnesty valid solely on the ground of the
before the National Amnesty amnesty granted them and not by the
Commission. After release, they filed a pardon.
Motion to Withdraw Appeal before the
Supreme Court which the latter Pardon is granted by the Chief
denied. Meanwhile, their applications Executive and as such it is a private
for amnesty were also favorably acted act which must be pleaded and proved
on by the National Amnesty by the person pardoned, because the
Commission. courts take no notice thereof; while
amnesty by Proclamation of the Chief
ISSUE: Executive with the concurrence of
Congress, and it is a public act of
WON the status of their appeal is void which the courts should take judicial
notice. Pardon is granted to one after
RULING: conviction; while amnesty is granted
to classes of persons or communities
YES. The pardon was void for having who may be guilty of political offenses,
been extended during the pendency of generally before or after the
the appeal or before conviction by institution of the criminal prosecution
final judgement, and therefore, in and sometimes after conviction.
violation of the first paragraph of Pardon looks forward and relieves the
Section 19, Article VII of the offender from the consequences of an
Constitution. Any application for offense of which he has been
pardon should be acted upon or the convicted, that is, it abolishes or
process towards its grant should not forgives the punishment, and for that
have begun unless the appeal is reason it does nor work the
withdrawn. The pronouncement in restoration of the rights to hold public
Monsanto vs Factoran that the office, or the right of suffrage, unless
acceptance of a pardon amounts to an such rights be expressly restored by
abandonment of the appeal rendering the terms of the pardon, and it in no
the conviction final, is an orbiter case exempts the culprit from the
dictum. The members of the payment of the civil indemnity
Presidential Committee for the Grant imposed upon him by the sentence
of Bail, Release or Pardon are (Article 36, Revised Penal Code).
admonished to exercise utmost care While amnesty looks backward and
abolishes and puts into oblivion the
offense itself, it so overlooks and
obliterates the offense with which he
is charged that the person released by
amnesty stands before the law
precisely as though he had committed
no offense.