04/02/2020
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7. Section
17,
Article
VII
on
the
President's
control
over
all
executive
departments.[26] The President will not control executive bureaus or offices in
the BJE, like foreign trade missions of the BJE.
8. Section 18, Article VII on the President as "Commander-in-Chief of all armed
forces of the Philippines."[27] Under the MOA-AD, the President will not be the
Commander-in-Chief of the BJE's internal security force. The BJE's internal
security force will not be part of the AFP chain of command.
9. Section 21, Article VII on the ratification of treaties and international
agreements by the Senate.[28] This will not apply to the BJE which, under the
MOA-AD, has the power to enter into economic and trade treaties with other
countries.[29]
10. Section 1, Article VIII on judicial power being vested in one Supreme Court.
[30] Since the BJE will have "its own x x x judicial system,"[31] the BJE will
also have its own Supreme Court.
11. Section 2, Article VIII on the power of Congress to define and apportion the
jurisdiction of lower courts.[32] Under the MOA-AD, Congress cannot prescribe
the jurisdiction of BJE courts.
12. Section 5(2), Article VIII on the power of the Supreme Court to review
decisions of lower courts and to promulgate rules of pleadings and practice in
all courts.[33] Under the MOA-AD, the BJE will have its own judicial system.
Decisions of BJE courts are not reviewable by the Supreme Court.
13. Section 5(6), Article VII on the power of the Supreme Court to appoint all
officials and employees in the Judiciary.[34] This power will not apply to courts
in the BJE.
14. Section 6, Article VIII on the Supreme Court's administrative supervision over
all courts and their personnel.[35] Under the MOA-AD, the Supreme Court will
not exercise administrative supervision over BJE courts and their personnel.
15. Section 9, Article VIII on the appointment by the President of all judges in the
Judiciary from nominees recommended by the Judicial and Bar Council.[36] This
provision will not apply to courts in the BJE.
16. Section 11, Article VIII on the power of the Supreme Court to discipline judges
of all lower courts.[37] This power will not apply to judges in the BJE.
17. Section 1(1), Article IX-B on the power of the Civil Service Commission to
administer the civil service.[38] Under the MOA-AD, the BJE will have "its own
x x x civil service"[39] The Civil Service Commission will have no jurisdiction
over the BJE's civil service.
18. Section 2(1), Article IX-C on the power of the Commission on Elections to
enforce and administer all election laws.[40] Under the MOA-AD, the BJE will
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