Please enable JavaScript.

Coggle requires JavaScript to display documents.

PRESIDENT - Coggle Diagram

- - - - RATIO: SEPARATION OF POWERS
        Usurpation of this fundamentally Executive power by the Legislative and Judicial branches violates the system of separation of powers that inheres in our democratic republican government.
      - EXCEPT IF
        CONSTITUTION PROVIDES OTHERWISE
        except in those instances when the Constitution provides otherwise.
        
        SHARED APPOINTING POWERS IS PROHIBTIED
        In the present case, the incumbent President appointed the Endriga group as trustees, while the remaining CCP trustees elected the same Endriga group to the same positions. This has been the modus vivendi in filling vacancies in the CCP Board, allowing the President to appoint and the CCP Board to elect the trustees.
        In effect, there are two appointing powers over the same set of officers in the Executive branch. Each appointing power insists on exercising its own power, even if the two powers are irreconcilable. The Court must put an end to this recurring anomaly.|||
        (Rufino v. Endriga, G.R. Nos. 139554 & 139565, [July 21, 2006], 528 PHIL 473-548)
        
        SHARING APPOINTING POWERS PROHIBITED
        CASE:
        
        CCP did not fall under legislative/judiciary
        
        Thus, under executive
        
        Thus, under executive control
        
        Thus, only president may appoint its members.
        
        Thus, the law authorizing fellow CCP trustees to share the power to appoint with the president is unconstitutional.
        
        Since said law is unconstitutional, the appointment of such trustees now becomes one not provided for by law
        
        Since the presidential appointment is not provided for by law, the COA's consent is not needed.
        The CCP does not fall under the Legislative or Judicial branches of government. The CCP is also not one of the independent constitutional bodies. Neither is the CCP a quasi-judicial body nor a local government unit. Thus, the CCP must fall under the Executive branch. Under the Revised Administrative Code of 1987, any agency "not placed by law or order creating them under any specific department" falls "under the Office of the President."||| (Rufino v. Endriga, G.R. Nos. 139554 & 139565, [July 21, 2006], 528 PHIL 473-548)
        Section 6(b) and (c) of PD 15, which authorizes the trustees of the CCP Board to fill vacancies in the Board, runs afoul with the President's power of control under Section 17, Article VII of the 1987 Constitution. The intent of Section 6(b) and (c) of PD 15 is to insulate the CCP from political influence and pressure, specifically from the President. 44 Section 6(b) and (c) of PD 15 makes the CCP a self-perpetuating entity, virtually outside the control of the President. Such a public office or board cannot legally exist under the 1987 Constitution.||| (Rufino v. Endriga, G.R. Nos. 139554 & 139565, [July 21, 2006], 528 PHIL 473-548)
      - 5 KINDS OF APPOINTEES
        Under Section 16, Article VII of the 1987 Constitution, the President appoints three groups of officers.
        
        CONSTI-VESTED TO PRES
        a. DEPT HEADS
        b. AMBASSADORS + OTHER PUBLIC MINISTERS & CONSULS
        d. OFFICERS OF ARMED FORCES
        -COLONEL/NAVAL CAPTAIN at least
        e. OTHER CONSTI-VESTED APPOINTMENTS
        The first group refers to the heads of the Executive departments, ambassadors, other public ministers and consuls, officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in the President by the Constitution.
        
        LAW-VESTED TO PRES
        The second group refers to those whom the President may be authorized by law to appoint.
        
        NO COA CONSENT NEEDED
        The President appoints the second and third groups of officers without the consent of the Commission on Appointments.
        
        PRESIDENTIAL
        
        NOT PROVIDED BY LAW
        The third group refers to all other officers of the Government whose appointments are not otherwise provided by law.
        
        LAW-VESTED TO HEADS
        Under the same Section 16, there is a fourth group of lower-ranked officers whose appointments Congress may by law vest in the heads of departments, agencies, commissions, or boards.
        
        CONSTI-VESTED TO COMM BODY
        In addition, the 1987 Constitution expressly provides that in the case of the constitutional commissions, the power to appoint lower-ranked officers is vested in the commission as a body. Thus, Section 4, Article IX-A of the 1987 Constitution provides, "The Constitutional Commissions shall appoint their officials and employees in accordance with law."||| (Rufino v. Endriga, G.R. Nos. 139554 & 139565, [July 21, 2006], 528 PHIL 473-548)
        
        COA CONSENT NEEDED
        The President appoints the first group of officers with the consent of the Commission on Appointments.
  - - - OFFICE OF PRESIDENT COMPOSITION
        Admin Code, Book III, Title II,
        Chapter 8, Section 23
        SECTION 23. The Agencies under the Office of the President.—The agencies under the Office of the President refer to those offices placed under the chairmanship of the President, those under the supervision and control of the President, those under the administrative supervision of the Office of the President, those attached to it for policy and program coordination, and those that are not placed by law or order creating them under any special department.
- - - - PARDON v. PROBATION
      - PARDON v. PAROLE
      - PARDON v. AMNESTY