Doctrine of Qualified Agency

(Alter Ego Principles)

Under this doctrine, all executive and administrative organizations are adjuncts of the Executive
Department, the heads of the various executive departments are assistants and agents of the
Chief Executive, and, except in cases where the Chief Executive is required by the Constitution
or law to act in person or the exigencies of the situation demand that he act personally, the
executive and administrative functions of the Chief Executive are performed by and through the
executive departments, and the acts of the Secretaries of such departments, performed and
promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief
Executive presumptively the acts of the Chief Executive.

(please confirm) In Resident Marine Mammals case, the DOE Secretary entered into contract
with Japan Petroleum Exploration Co. (JAPEX) to conduct oil exploration. RMM filed a petition on
the validity of this service contract.

Paragraph 4, Section 2, Article XII of the 1987 Constitution requires that the President himself
enter into any service contract for the exploration of petroleum. So the alter ego Doctrine cannot
be applied here because …. Please read yung nakared font. :D

Residual Power of the President

The powers of the President are not limited to what are expressly enumerated in the article on
the Executive Department and in scattered provisions of the Constitution. The basis of the
unstated residual power of the President is the duty of the government to serve and protect the
people as well as to see the maintenance of peace and order, the protection of life, liberty and
property and the promotion of the general welfare of the people.

Whatever is not judicial and not legislative is the residual power of the President.

In Marcos v. Manglapus, Pres. Cory Aquino barred Marcoses to return to the Philippines. Accdg
to Marcos, unconstitutional daw and it’s a violation of their constitutional rights and that Pres
Aquino has no such power. Accdg to the court, Cory Aquino did not act arbitrarily or with grave
abuse of discretion in determining that the return of former President Marcos and his family
poses a serious threat to national interest and welfare.
 Calling Out Power of the President (Sec. 18, Art. 7)

In all situations involving threats to security, such as lawless violence, invasion or rebellion,
even in localized areas, it is the President who possesses the sole authority to exercise calling-
out power. He may call the armed forces to suppress this lawless violence.

In Kulayan v Tan, Governor Tan declared a state of emergency in the province of Sulu because
of the kidnapping incident by the Abu Sayyaf. The Issue is WON Gov. Tan can exercise calling
out power.

Accdg to the court, the calling-out powers contemplated under the Constitution is exclusive to
the President. An exercise by another official, even if he is the local chief executive, is ultra
vires, and may not be justified by the invocation of Section 465 of the Local Government Code.

Presidential Appointments Requiring Confirmation of Commission on Appointment (Sec. 16)

HAAO
(HOW TO PASS? HAHA)

Heads of Executive Department (Cabinet Sec. except the VP, appointment of VP as member of
the Cabinet does not need CA confirmation)
Ambassadors, public minister, and consuls
AFP office with rank from Colonel or Naval Captain
Other officer whose appointments are vested in him in the Constitution

In Manalo v. Sistoza, P. Aquino appointed 15 PNP officers with the rank of Chief Superintendent
to Director without the confirmation of the Com on Appointment.

Accdg to SC, PNP is no longer part of the AFP. It is a civilian institution under DILG so the
appointment of their Officers by the President does not require confirmation.

Ad interim Appointment (Sec. 16)

Such appointment shall be effective only until disapproved by the CA or until the next
adjournment of the Congress.

In Matibag v. Benipayo, the SC clarified that ad interim is a permanent appointment and can no
longer be withdrawn by the President once the appointee has qualified into office. When the
CA disapproves an ad interim appointment, the appointee can no longer be extended a new
appointment, inasmuch as the disapproval by CA is a final decision in the exercise of its
checking power on the appointing authority of the president. But when the ad interim is by-
passed because of failure of the CA to organize, there is no final decision to give or withhold its
consent to the appointment. Thus, the President is free to renew the ad interim appointment.