ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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June 1, 2022

Legal Developments

 


WHAT IS THE PARDONING POWER OF THE PRESIDENT?


  • 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.

  • No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission of Elections.

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MAY AN EMPLOYEE BE PLACED ON FLOATING STATUS?


  • The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months.

  • In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer.

  • When the floating status of an employee lasts for more than six (6) months, such employee may be considered to have been constructively dismissed from service.

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WHAT IS THE MILITARY POWER OF THE PRESIDENT?


  • The President shall be the Commander-in-Chief of all armed forces of the Philippines.

  • Whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.

  • In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. (Section 18, Art. VII, 1987 Constitution)

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EXECUTIVE POWERS OF THE PRESIDENT: BORROWING POWER AND THE PHILIPPINE FOREIGN DEBT


  • The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board.

  • The President does not need the prior approval by the Congress because the Constitution places the power to check the President’s power on the Monetary Board.

  • Information on foreign loans obtained or guaranteed shall be made available to the public.

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