THE

EXECUTIVE
SECTION 1. The executive power
shall be vested in the President of
the Philippines.

Executive power
- has been defined as the
power to administer the laws
Qualifications of the President
O He is a natural-born citizen of the Philippines;
O He is a registered voter;
O He is able to read and write;
O He is at least forty (40) years of age on the
day of the election (not for proclamation or
assumption of office) for President; and
O He is a resident of the Philippines for at least
ten (10) years immediately preceding such
election.
 Qualifications of the Vice-
President
The Vice-President must have the same
qualifications as the President. (Sec.3) The
Constitution does not prescribe any
educational, academic, or literacy
qualification except only the ability to read
and write (not necessarily in English), in line
with the egalitarian objectives of our
democratic society.
Election of the President and
Vice-President
O System of direct voting
 System of direct popular election

O Election by Congress in case of a tie

 In case of a tie,
 Majority of all the votes of Congress in
session assembled
Election of the President and
Vice-President
O The Vice-President is elected with and in
the same manner as the President.

O Unless otherwise provided by law, the

regular election for President and Vice-
President shall be held on the second
Monday of May.
Term of office of the President
O The President and Vice-President enjoy
security of tenure. The term of office is six
(6) years “which shall begin at noon on
the 30th day of June following the day of
the election and shall end at noon of the
same date six (6) years thereafter.”
O The President-elect and Vice-President-
elect shall assume office at the beginning
of their terms.
Reelection of the President
and Vice-President
O The President is not eligible for any
reelection. But they may be elected to a
lower position.

O In the case of the Vice-President, he

cannot serve for more than two (2)
successive terms but he is still eligible for
election as President.
 Classes of Presidential
Succession
O Before assumption of office by the
President-elect at the time fixed for the
beginning of his term; and

O After assumption of office by the

President-elect at the time fixed for the
beginning of his term.
When Vice-President shall act
as President
O If the President-elect fails to qualify; or
O If a President shall not have been chosen; or
O In case of temporary inability or incapacity of
the President to discharge his powers and
duties.

*The Vice-President-elect shall act as President

until the President-elect shall have qualified, or
a President shall have been chosen and
qualified, or the disability shall have terminated.
When Vice-President shall
become President
O If at the beginning of the term of the
President, the President-elect shall have
died or shall have become permanently
disabled; or
O After assumption of office, in the case of
death, permanent disability, removal from
office, or resignation of the President, in
which case the Vice-President shall serve
the unexpired term.
Where there are no President
and Vice-President
O Before assumption
 The Senate President or, in case of his
inability, the Speaker of the House of
Representatives, shall act as President
until a President or Vice-President shall
have been chosen and qualified

.
Where there are no President
and Vice-President
O After assumption
 The Senate President or, in case of his
inability, the Speaker of the House of
Representatives, shall act as President in
case of death, permanent disability,
removal from office, or resignation of both
President and Vice-President until
President and Vice-President have been
elected and qualified.
Where there are no President
and Vice-President
O Where Senate President and Speaker are
also unable to act as President
 Congress is mandated to provide by law
for the case when both the Senate
President and the Speaker of the House of
Representatives are also unable to act as
President, or for the case of death,
permanent disability or resignation of the
acting President, including the manner of
his selection, until the President or Vice-
President shall have been elected or
qualified.
Vacancy in the Office of the
Vice-President
O In case a permanent vacancy occurs in the
office of the Vice-President during the term for
which he was elected, the President shall
nominate a Vice-President from among the
members of the Senate and the House of
Representatives.
O The nomination is subject to confirmation by a
majority vote of both Houses of Congress,
voting separately.
O The nominee shall assume office upon such
confirmation.
Vacancy in the Offices of both
the President and Vice-
President
O Special election
 The Congress shall convene and enact a
law calling for a special election to elect a
President and Vice-President
O Next Presidential election
 No special election shall be called if the
vacancy occurs within 18 months before
the date of the next Presidential election
 Rules in case of temporary
disability of the President
O Declaration by the President – the President
may transmit to the Senate President and
Speaker of the House of Representatives his
written declaration that he is unable to
discharge the powers and duties of his office.
O Declaration by members of the Cabinet – In
case a majority of all the members of the
Cabinet transmit such written declaration, the
Vice-President shall immediately assume the
powers and duties of the Office as Acting
President
 Rules in case of temporary
disability of the President
O Decision by Congress in case of a
dispute – Incase of a dispute between the
majority of all the members of the Cabinet
and the President, Congress by a 2/3 vote
of both Houses, voting separately shall
decide on the existence and/or
termination of presidential incapacity
 Disabilities of the President, Vice-
President, Members of the Cabinet,
and their deputies and assistants
O Prohibitions during their tenure
a.)They shall not hold any other office or
employment unless otherwise provided in the
Constitution
b.)They shall not practice any other profession
c.)They shall not participate directly or indirectly in
any business
d.)They shall not be financially interested in any
contract or franchise
e.)They shall strictly avoid conflict of interest
 Disabilities of the President, Vice-
President, Members of the Cabinet,
and their deputies and assistants
O Purpose of prohibitions
 To insure that the officials mentioned,
particularly the President will devote their full
time and attention to their duties
O Other officials are to similar prohibitions
 Similar restrictions apply to the Members of
Congress and of the Constitutional
Commissions and the Tanodbayan and his
Deputies.
 They seek to stress the Principle that public
office is a public trust .
Nature of power to appoint
O The power of appointment is intrinsically
an executive prerogative.
O The legislative has nothing to do with
designating the man to fill an office.
O The executive nature of appointing power
does not imply that no appointment by
Congress and the courts can be made.
Officials whose appointments are
vested in the President
Under Section 16
O The heads of executive departments,
ambassadors, and other public ministers and
consuls;
O Officers of the AFP from the rank of colonel or
naval captain;
O Other officers whose appointments are vested in
the President by the Constitution;
O All other officers of the Government whose
appointments are not otherwise provided for by
law; and
O Those whom he may be authorized by law to
appoint such as the heads of government-owned
or controlled corporations, department
undersecretaries, heads of bureaus and offices,
and other officials.
Officials whose appointments are
vested in the President
Under other provisions
O The President, under the provisions of the
Constitution appoints the members of the
Supreme Court and judges of lower courts
including the Sandiganbayan, the regular
members of the Judicial and Bar Council,
the Chairman and the Commissioners of
the CSC, COMELEC, COA, and the
Ombudsman and his Deputies.
*Commission on Human Rights--
 Kinds of presidential
appointments
O Regular appointments - those made
during the sessions of Congress
O ad interim appointments – made during
a recess of Congress
 Removal power of the
President
Extent of the Presidents power to remove
 With respect to officers exercising purely
executive functions whose tenure is not fixed
by law
 With respect to officers exercising quasi-
legislative or quasi-judicial functions
 With respect to constitutional officers
removable only by means of impeachment
and judges of lower courts
 With respect to civil service officers,
Power of control over all executive
departments, bureaus and offices
O Role of President as administrator – as
administrative head, the duty of the
President is to see to it that every
department, bureau, and office under the
executive branch is managed and
maintained properly by the person in
charge of it in accordance with pertinent
laws and regulations
Power of control over all executive
departments, bureaus and offices
O Powers giving control – there are two
factors that contribute to the effective hold
and control of the President over all
executive departments, bureaus, and
offices
 The power of appointment
 The power of removal
Power to insure that the laws
be faithfully executed
O Primary function of the President – as the
executive in whom the power is vested. The
primary function of the President is to enforce
the laws.
O More of a mandatory duty than a power –
the function of the President to see that the
laws are faithfully executed is more of a duty
than a power. It is his mandatory duty to
enforce the laws of the land regardless of his
opinion about their wisdom, advisability, or
validity.
 Military power of the
President
O Powers to meet emergency situations
 To call out the armed forces to prevent or
suppress lawless violence , meet the threat
of invasion, or quell rebellion
 To suspend the privilege of the writ of the
habeas corpus; and
 To declare martial law
 Military power of the
President
O Commander-in-Chief of the Armed Forces
– he is authorized, whenever it becomes
necessary, to call out such armed forces to
prevent or suppress lawless violence , meet
the threat of invasion, or quell rebellion
Powers of President as Commander-
in-Chief of the Armed Forces
O As Commander-in-Chief, the President
has control of the military organization and
personnel whether in peace time or in war
time
O In the event of war, the President,
normally, would delegate the actual
command of the armed forces to his
military experts. But the ultimate
command belongs to him
Power to suspend privilege of
writ habeas corpus
O Two conditions are necessary in order that
the President may suspend the privilege
of the writ:
 There must be invasion or rebellion; and
 The public safety must require the
suspension
 Meaning of martial law
Meaning of Martial Law
O In its comprehensive sense, it includes all
laws that have reference to an d are
administered by the military forces of the
state. They include:
 The military law proper
 The rules governing the conduct of military
forces in times of war and in places under
military occupation
 Meaning of martial law
O In its strict sense, it is that law which has
application when the military arm does not
supersede civil authority but is called upon
to aid it in the execution of its vital
functions. The constitution refers to this
meaning of martial law
Power to declare martial law
O The power to proclaim martial law
includes the power to make all needful
rules and regulations with the force of law
until the termination of martial rule.
O The president may place under martial
law the whole country or only a part
thereof.
O This power is resorted to only when the
emergency situation requires the taking of
stronger measures for ensuring the safety
of the nation.
 Effects of martial law
O Operation of the Constitution – It does
not suspend the operation of the
Constitution. The declaration does not
mean that the military authorities will take
reign of the government
O Functions of the civil courts and
legislative assemblies- it does not
supplant the functioning of the civil courts
or legislative assemblies. Martial law is
declared merely to assist the civil
government, not supplant it
 Effects of martial law
O Jurisdiction of military courts and
agencies - under martial law, for instance,
a person may not be arrested and
detained indefinitely without court orders.
When martial law is declared, civil
authorities are not superseded by military
authorities. Nor are civil laws suspended.
O Privilege of the writ of habeas corpus- it
does not automatically suspend the
privilege of the writ of habeas corpus
 Pardoning power
Meaning of Pardon
has been defined as an act of grace
proceeding from the power entrusted with
the execution of laws (President) which
exempts the individual on whom it is
bestowed, from the punishment the law
inflicts for a crime he has committed.
 Pardoning power
O This power cannot be taken away from him
nor can the exercise thereof be subject to
limitations or conditions beyond those
provided by the Constitution. Neither may the
courts inquire into the wisdom or
reasonableness of any pardon granted by the
President.
O His discretion is absolute.
O The pardoning power extends to all offenses,
including criminal contempt. It does not give
the President the power to exempt, except
from punishment, anyone from the law.
 Kinds of pardon
O Absolute – when it is not subject to any
condition whatsoever. It becomes effective
when made; and
O Conditional – when it is given subject to
any condition or qualification the President
may see fit. It must be accepted by the
offender to become effective
 Authority to contract and
guarantee foreign loans
O Exclusive executive function – the President
may contract foreign loans on behalf of the
Republic of the Philippines without the need of
prior congressional approval. There is possibly no
official better qualified to enter into such
negotiation than the President.
O Concurrence of the Monetary Board required –
the authority of the President is not absolute. The
contact or guarantee must be with the prior
concurrence of the Monetary Board of the Central
Bank, now, Bangko Sentral ng Pilipinas which is
required to make a report to Congress containing
the matters mentioned
 Authority to contract and
guarantee foreign loans
O Checks by Congress
Reasons
 The loans urgently needed by the country
may no longer be available when
concurrence which usually takes some
time is finally obtained
 An obstructionist Congress could withhold
approval for political reasons
 Authority to contract and
guarantee foreign loans
O However, as a check on executive power,
Congress may, by law, place limitations on
its exercise and make the necessary
investigations in aid of legislation if it
believes that the borrowing based on the
Monetary Board report is not justified.
 Budgetary power of the
President
O The President is entrusted by the
Constitution with the task of preparing the
budget of receipts and expenditures
based on existing and proposed revenue
measures and other sources of financing
and of submitting it to Congress within 30
days from the opening of each regular
session.