Who will succeed President Duterte if he resigns from office?

President Rodrigo Duterte for the nth time said he was ready to “step down and retire.” Based on news reports, he made this statement in one of his recent speaking engagements. Is he serious? Or is it just one of his jokes? I cannot say for sure if he is really serious or simply joking … Continue reading Who will succeed President Duterte if he resigns from office?

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Suspension of the privilege of the writ of habeas corpus in Mindanao: 10 things you need to know whenever the President suspends the privilege of the writ of habeas corpus

Our Constitution is clear in so far as the suspension of the privilege of the writ of habeas corpus is concerned. It says in essence that it is not automatic whenever the President declares martial law. This is why President Rodrigo Duterte also had to order its suspension simultaneously with the declaration of martial law … Continue reading Suspension of the privilege of the writ of habeas corpus in Mindanao: 10 things you need to know whenever the President suspends the privilege of the writ of habeas corpus

Martial law in Mindanao: 10 things you need to know whenever the President declares martial law

A local terror group known as Maute began its series of attacks in Marawi City on May 23, 2017. Due to this incident, President Rodrigo Duterte had to cut short his trip abroad and declared martial law in Mindanao. While I may have doubts on the validity of the action taken, I will for now … Continue reading Martial law in Mindanao: 10 things you need to know whenever the President declares martial law

When can the President suspend the privilege of the Writ of Habeas Corpus?

While delivering a speech in one event in Davao City some days ago, President Rodrigo Duterte has threatened to suspend the privilege of the writ of habeas corpus. This is, he warned, if the state of lawlessness, particularly the problem on illegal drugs, continues in the country. Writ of Habeas Corpus The court in general … Continue reading When can the President suspend the privilege of the Writ of Habeas Corpus?

Which Presidential appointments require CA confirmation?

Four groups of officers whom the President shall appoint There are four groups of officers whom the President shall appoint. These are the following: First, 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 … Continue reading Which Presidential appointments require CA confirmation?

When can the President declare martial law?

Although quick to add it was not feasible, President Rodrigo Duterte admitted days before his 100th day in office that there were times when he was tempted to declare martial law due to our country's problem on illegal drugs. He made such admission while delivering a speech during his visit to the Jewish Association of … Continue reading When can the President declare martial law?

Is it correct for the Senate to cancel an impeachment trial due to the resignation of an impeached public officer?

Remember former Ombudsman Merceditas Gutierrez? In March 2011, the House of Representatives voted to impeach her for betrayal of public trust. Her case was then sent for trial to the Senate sitting as an impeachment court. But days before her trial, she resigned from office, which the President accepted. Because of her resignation, the Senate … Continue reading Is it correct for the Senate to cancel an impeachment trial due to the resignation of an impeached public officer?

When is an impeachment proceeding deemed initiated?

Our Constitution provides that no impeachment proceedings shall be initiated against the same official more than once within a period of one year. In other words, it prohibits the initiation of more than one impeachment proceedings within one year against the same impeachable public officer. And this holds true even if the subsequent impeachment proceeding … Continue reading When is an impeachment proceeding deemed initiated?

May the President grant pardon in impeachment cases?

Years ago, we witnessed the impeachment trial of former Chief Justice Renato C. Corona at the Senate sitting as an impeachment court. By now, I am certain that almost all are aware that his impeachment trial had ended with his conviction. Because of his conviction, he was removed from office and is now disqualified to … Continue reading May the President grant pardon in impeachment cases?

Is removal from office the only penalty for impeachment?

In my article titled, IS THE PRESIDENT THE ONLY IMPEACHABLE PUBLIC OFFICER IN THE PHILIPPINES? (August 14, 2014), I enumerated the exclusive list of impeachable public officers in the Philippines aside from the President. While in my subsequent article titled, WHAT ARE THE GROUNDS FOR IMPEACHMENT? (August 18, 2014), I gave the grounds for impeachment. … Continue reading Is removal from office the only penalty for impeachment?