04/02/2020
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authority.[66] Under the proper conditions, the Court should permit the full and
exhaustive ventilation of the parties’ arguments and positions despite a petition’s
technical deficiencies.
This liberal policy, however, is an exception and has its limits. In those rare
cases when the Court applied the exception, there always existed a clear need to
prevent the commission of a grave injustice.[67] This critical element unfortunately is
not genuinely reflected in Rosquita and Villanueva’s respective petitions.
Rosquita and Villanueva must be reminded that the present case is no longer an
original suit recognized under our January 31, 2012 Resolution, but an appeal from
the CA’s adverse ruling that was rendered after the parties were given full
opportunity to be heard. Since we are dealing here with an appealed case,
compliance with the required period for appeal is imperative.[68]
At any rate, even if we brush aside the procedural deficiencies, I see no legal and
factual basis for its grant, particularly with respect to its pleas to invalidate their
removal from office and to restore them to their previous positions. For an orderly
presentation of our reasons, I defer my discussion on this point and first address
Garafil’s preliminary constitutional argument questioning the President’s authority to
issue E.O. No. 2.
B. The President has the power of constitutional interpretation
Garafil posits that the President has no power to interpret the Constitution,
particularly Section 15, Article VII of the 1987 Constitution.
I find this position to be legally erroneous.
The Constitution, admittedly, does not contain an express definition of the executive
power reposed in the Chief Executive;[69] it merely contains an enumeration of the
powers the President can exercise. Broadly understood,[70] however, executive
power is the power to enforce and administer the laws of the land;[71] it is the
power to carry the laws into practical operation and to enforce their due observance.
[72]
As the country’s Chief Executive, the President represents the whole government; he
carries the obligation to ensure the enforcement of all laws by the officials and
employees of his department. This characterization of executive power is plainly
evident from the presidential oath of office which states:
I do solemnly swear [or affirm] that I will faithfully and conscientiously
fulfill my duties as President [or Vice-President or Acting President] of the
Philippines, preserve and defend its Constitution, execute its laws,
do justice to every man, and consecrate myself to the service of the
Nation. So help me God. [In case of affirmation, last sentence will be
omitted.][73]
To fulfill the oath to “preserve and defend [the] Constitution, [and] execute its
laws,” the President, in particular, and the Executive branch, in general, necessarily
must interpret the provisions of the Constitution or of the particular law they are
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