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

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June 1, 2022

Legal Developments

 


WHAT IS THE SO-CALLED EXECUTIVE POWER OF THE PRESIDENT?


  • The executive power shall be vested in the President of the Philippines. (Article VII, Section 1, 1987 Constitution)

  • The President shall have control of all the executive departments, bureaus, and offices. (Article VII, Section 17, 1987 Constitution)

  • The President shall ensure that the laws are faithfully executed. (Article VII, Section 17, 1987 Constitution)

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WHAT IS THE POWER OF APPOINTMENT OF THE PRESIDENT OF THE PHILIPPINES?


  • The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution.

  • He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint.

  • The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.

  • The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress. (Source: Section 16 of Article VII of the 1987 Philippine Constitution.)

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WHAT ARE THE KINDS OF POWERS OF A CORPORATION?


  • A corporation may exercise express, implied, and incidental powers.

  • Express powers of a corporation refer to those that are expressly provided for under the Revised Corporation Code of the Philippines (RCCP), applicable laws, administrative rules and regulations, and the Articles of Incorporation of the corporation.

  • Implied powers of a corporation refer to those powers that are recognized under paragraph (k) of Section 35 of the RCCP.

  • Incidental powers of a corporation refer to those that are deemed conferred on the corporation by virtue of its existence.

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WHO ARE ENTITLED TO AND ARE EXEMPTED FROM 13TH MONTH PAY?


  • The 13th month pay represents an additional income based on wage but not part of the wage.

  • The 13th month pay is equivalent to one-twelfth (1/12) of the total basic salary earned by an employee within a calendar year.

  • All employers are required to pay all their rank-and-file employees their 13th month pay not later than December 24 of every year.

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