Republic of the Philippines

(formerly NAVAL STATE UNIVERSITY)

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PHILIPPINE POLITICS AND GOVERNANCE

Lesson 8: The Executive Department

Learning Competency: The Learners explain the roles and powers of the Philippine president, analyze how
contemporary Philippine presidents exercised their powers, and critique the Philippine presidents’ exercise of power.
(HUMSS_PG12-Ih-26)

ARTICLE VII: EXECUTIVE DEPARTMENT

Section 1: The executive power shall be vested in the President of the Philippines.
Following the 1935 Charter, sec.1 vests the executive power to one person alone- the President of the
Philippines.

Executive power - the power to administer the laws, which means carrying them into practical operation and
enforcing their due observance.

Section 2: No person may be elected President unless he is a natural-born citizen of the Philippines.

Section 3: There shall be a Vice-President who shall have the same qualifications and term of office and be elected
with and in the same manner as the President.
- He may be removed from office in the same manner as the President.
- The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.

Qualifications of President and Vice President

- Natural born citizen of the Philippines
- A registered voter
- Able to read and write
- At least 40 years of age on the day of the election for president and
- Resident of the Philippine for at least ten (10) years immediately preceding such election

Section 4: The President and the Vice-President shall be:

1. Elected by direct vote of the people.
2. For a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election
and shall end at noon of the same date six years thereafter.
3. The President shall not be eligible for any reelection.
4. No person who has succeeded as President and has served as such for more than four years shall be qualified for
election to the same office at any time.
5. No Vice-President shall serve for more than two successive terms.

Section 5: Before they enter on the execution of their office, the President, the Vice-President, or the Acting President
shall take the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfil 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.)

• Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity
of the service for the full term for which he was elected.
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• Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second
Monday of May.

Section 6: The President shall have an official residence, determined by law.

1. The salaries of the President as provided by law, has an annual salary of Php300, 000.00 pesos and Vice-President
at Php240, 000s and shall be determined by law and shall not be decreased during their tenure.

2. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during
which such increase was approved.

3. They shall not receive during their tenure any other emolument from the Government or any other source.

Section 8: In case of death, permanent disability, removal from office, or resignation of the President, the Vice-
President shall become the President to serve the unexpired term.

When Vice president shall act as president

1. If the president-elect fails to qualify
2. If a president shall not have been chosen
3. In case of temporary inability or incapacity of the President to discharge his powers and duty.

Section 7: The President-elect and the Vice-President-elect shall assume office at the beginning of their terms.
- If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have
qualified.
- If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have
been chosen and qualified.
- If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently
disabled, the Vice-President-elect shall become President.

When Vice president shall act as President

1. If, at the beginning of the term, President-elect shall have died, or shall have become permanently disabled

2. After assumption of office, in case of death, permanent disability, removal from office or resignation of the
President, in w/c case the Vice-President will serve the unexpired term.

Where there are no President and Vice-President

1. Before assumption - the Senate President, or incase in his inability, the Speaker of the house of Representative, shall
act as President until a President and a Vice-President shall have been chosen.
2. After assumption - the Senate President, or incase in his inability, the Speaker of the house of Representative, shall
act as President in case of death, permanent disability, removal from office, or resignation of both the President and
a Vice-President shall have been elected and qualified.
3. Where Senate President and Speaker are also unable to act as President - congress is mandated to provide by law
for this case as to who shall act as president including the manner of election until the President or Vice President shall
have been elected or qualified

Section 9: Whenever there is a vacancy in the Office of the Vice-President, the President shall nominate a Vice-
President from among the Members of the Senate and the House of Representative.

Section 10: The Congress shall, convene in accordance with its rules without need of a call and within seven days enact
a law calling for a special election.

Special election - in case of a permanent vacancy in the Offices of both President and Vice President.

Section 11: Whenever the President was unable to perform his duty, such powers and duties shall be discharged by
the Vice-President as Acting President.
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Rules in case of temporary disability of the President
1. Declaration by the president - may transmit his written declaration of being unable to discharge the powers and
duties of his Office.
2. Declaration by members of the Cabinet - the Vice-President shall immediately assume the Office of the President
temporarily.
3. Decision by Congress in case of a dispute - voting separately may decide on the existence or termination of the
presidential incapacity.

Section 12: In case of serious illness of the President, the public shall be informed of the state of his health.

Section 13: The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, hold
any other office or employment during their tenure. Avoid conflict of interest in the conduct of their office.

Rule on Nepotism
President is prohibited during his tenure to appoint his spouse and relative by consanguinity or affinity w/in
the 4th civil degree to any positions mentioned.

Section 14: Appointments extended by an Acting President shall remain effective, unless revoked by the elected
President within 90 days.

Section 15: A President or Acting President shall not make appointments, except temporary appointments to executive
positions when continued vacancies therein will prejudice public service.

Section 16: The President shall nominate and, with the consent of the Commission on Appointments, appoint the
heads of the executive departments.

Appointment - act of designation by the executive officer, board or body to whom the power has been
delegated of the individual who is to exercise the functions of a given office.

Kinds of Presidential Appointment

1. Regular appointment - made during the session of the congress.
2. Ad interim appointments - those made during a recess of congress.

Kinds of Appointment in the career services:

1. Permanent - issued to a person who meets all the requirement for the position to which he is appointed.
2. Temporary or acting - issued to a person who meets all the requirement for the position to which he is being
appointed except the appropriate civil service eligibility; it shall not exceed 12 months.

Steps in appointing process

1. Appointment – act of the appointing power
2. Acceptance - act of the appointee. But acceptance is necessary to enable him to have full possession, enjoyment
and responsibility of an office.

Kinds of Acceptance
1. Express - when done verbally or in writing
2. Implied - when, without formal acceptance, the appointee enters upon the exercise of the duties and functions of
an office.

Designation - is simply the mere imposition of new or additional duties upon an officer already in the
government service. It is different from appointment.

Removal - is the ouster of the incumbent before the expiration of his term of office.
- Not expressly granted
- Impliedly Granted
- Removal power of other officers
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Section 17: The President shall have control of all the executive departments, bureaus and offices.
Section 18: The President shall be the Commander-in-Chief of all armed forces of the Philippines.

Military Power of the President

1. Powers to meet emergency situation
- Call out such armed forces to prevent or suppress lawless violence, invasion or rebellion;
- To suspend the privilege of writ of habeas corpus;
- To declare Martial Law.

2. Commander in Chief of the Armed forces - the constitution makes the president, a civilian, the Commander-in-Chief
of all Armed Forces of the Philippines.

Power to suspend privilege of writ of habeas corpus

1. There must be invasion or rebellion.
2. The public safety must require the suspension

Martial Law
All laws that are reference to and are administered by the Military Forces of the State:
- The military law proper
- Rules governing the conduct of military forces in times of war.

Basis, object and duration of Martial Law

- Basis - the right to declare, apply and exercise martial law is one of the rights of Sovereignty.
- Object - object of martial Law is the preservation of public safety and good order.
- Duration - founded on necessity, the exercise of the power may not extend beyond what is required by the
exigency which it call forth.

Section 19: Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

Reprieve - Is the postponement of the execution of a death sentence to a certain date.

Suspension of sentence - postponement of a sentence for an indefinite time.
Commutation - the reduction of the sentence imposed to a lesser punishment as from death to life
Imprisonment. It may be granted without the acceptance and even against the will of the convict.
Pardon - an act of grace proceeding from the power entrusted with the execution of the laws which exempts
the individual on whom it is bestowed.
- “Parole”
- It is an act of forgiveness
- It is granted by the President alone after conviction
- Private act of the president which must be pleaded and proved by the person who claims to have
been pardoned because the courts take no judicial notice.
- Granted for infraction of the peace of the State.

Kinds of Pardon
1. Absolute - it is not subject to any condition whatsoever, it becomes effective when made.
2. Conditional - when it is given subject to any condition or qualification the President may see fit.

Pardoning Power - Extends to all offenses including criminal contempt. It does not give the President power to
exempt, except from punishment anyone from the law.

Limitations of Pardoning Power

1. It may not exercise for offense in impeachment;
2. May be exercise only after conviction by final judgment;
3. May not be exercised over civil contempt;
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4. In case of violation of election law or rules and regulations, no pardon, parole or suspension of sentence may be
granted w/o the recommendation of the Commission on Elections.

Effects of Pardon
1. Removes penalties and disabilities and restores him to his full civil a political rights;
2. Does not discharge the civil liability of the convict to the individual he has wronged as the President has no power
to pardon a private wrong;
3. Does not restore offices, property or rights vested I others in consequence of the conviction.
Remissions - prevents the collection of fines or the confiscation of forfeited property.
Amnesty - act of the sovereign power granting oblivion or a general pardon for a past offense usually granted
in favor of certain classes of persons who have committed crimes of a political character such as treason,
sedition or rebellion.
- Granted with the concurrence of Congress before or after conviction.
- Act of forgetfulness
- Granted for infractions for crimes against the sovereignty of the State.
- By the proclamation of the president with concurrence of Congress is a public act of which the courts
will take judicial notice.

Section 20: The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with
the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law.

Section 21: No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds
of all the Members of the Senate.

Treaty - compact made between two or more states, including international organizations of states, intended
to create binding rights and obligations upon the parties thereto. May be bilateral or multilateral. Also known
as a pact, convention or charter.

Steps in treaty making

1. Negotiation - in this field, the President alone has the sole authority
2. Approval or ratification - as a general rule, no treaty or international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the senate members.

Section 22: The President shall submit to the Congress within thirty days from the opening of every regular session, as
the basis of the general appropriations bill, a budget of expenditures and sources of financing

Section 23: The President shall address the Congress at the opening of its regular session. He may also appear before
it at any other time.

Reference:
Tabajen, Rhene C., et. al. (2016), Philippine Politics and Governance, JFS Publishing Services, Pasay City, pp 5-6.
http://www.yourarticlelibrary.com/india-2/national-power-meaning-nature-dimensions-and-methods/48477
Joven, Arnel E. (2017), Philippine Politics and Governance for Senior High School, C and E Publishing, Inc., Quezon City,
pp 19-25.

Prepared by:

MARK CHRISTIAN ROBLE ALMAZAN, LPT.

Subject Teacher, Philippine Politics and Governance
Biliran Province State University – Laboratory High School
markycieloalmazan@gmail.com
0906 – 057 – 4068

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