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The Executive
In the presidential set-up, the President is considered both the head of state
and the government and all executive powers are vested on the President. In
all presidential governments, the president is considered the most powerful
man of the land, but the powers granted to the president can be limited by
the provisions in the constitution. In the 1935 constitution, President Marcos
saw the weakness of the constitution but noted the strength of power of the
president and used it for his advantage. Under the 1987 constitution, the
framers did not want to repeat the same mistakes provided for by the 1935
constitution. Although the president still commands tremendous power, but
it’s a power that could be checked and balanced by the legislative branch.
In this chapter, learners are expected to:
1. Explain the roles and powers of the Philippine president;
2. Analyze how contemporary Philippine presidents exercised their powers;
3. Critique the Philippine presidents’ exercise of power.

Executive Power

Executive power is defined as the power granted to the executive branch to

execute or enforce the laws through the inherent powers of the state.

Term of Office of the President

The 1987 constitution, the president is not eligible for re-election. The
president serves a six-year term of office.

When Vice-President Shall Become President:

 Death
 Permanent disability
 Removal from office

Resignation of the President

The hierarchy of government officials who will take over the presidency if
there are no president and vice-president
 The Senate president
 The Speaker of the House
 The Chief Justice of the Supreme Court

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Vacancy in the Office of the Vice-President

The president will nominate from among the members of the Senate and the
House of Representatives. The nomination is subject to the confirmation of
both houses voting separately.

Appointments Extended By an Acting President

The appointments made by the acting president will remain effective unless
revoked by the elected president within ninety days from his assumption.

Appointments Preceding a Presidential Election

The president is prohibited under the 1987 constitution to appoint any

position in the executive level two months before the next election. This
provision in the constitution which bars the president to appoint is said to be
limited only to executive positions. The prohibition does not extend to
vacancy in other departments like the judicial branch. The ruling of the
Supreme Court allowing president Arroyo to appoint the next chief justice of
the Supreme Court has clearly articulated the power of the sitting president
to appoint in other departments.

Public and Career Officials That Can Be Appointed By the President

1. Heads of executive departments

2. Ambassadors, public ministers and consuls
3. Officers of the AFP from the rank of colonel to naval captain
4. Heads of government owned and controlled corporations
5. Justices of the Supreme Court and judges of the lower courts
6. Regular members of the Judicial and Bar Council
7. Chairman and Commissioners of Constitutional Commissions

Kinds of Presidential Appointments

1. Regular Appointment – those made while the congress is in session

2. Ad Interim Appointment – appointments made by the president while the
congress is not in session.

Removal Power of the President

The power of the president to remove is not absolute. There are some
positions in the government where the power of appointment is vested on
the president but the power to remove is not exercised by the president. The
power of removal depends on the specific positions articulated in the
constitution. A career service official with a fixed term cannot be removed by
the president.
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Power of Control Over All Executive Departments

Every department or bureaus in the executive branch is under the command

of the president. The president oversees the effectiveness, transparency and
control of his/her appointees. For the chief executive to manage and control
the departments under his/her power, the president executes two duties:

1. The Power Of Appointment.

2. The Power of Removal.

Functions and Powers of the Chief Executive:

1. Executive Function/Power
 Appointment and removal of cabinet secretaries
 Implementation of laws passed by Congress
 Representing the Philippines in the international community and foreign
affairs
 Command of the armed forces

2. Pardoning Power
 Executes the spending authorized by Congress
 Executes the instructions of Congress when it declares war or make rules
for the military

3. Veto Power
 Executive agreements
 Creates treaties (must be ratified by the Senate)
 Executive orders
 Proclamations
 Presidential decrees
 Administrative function
 Preserves, protects and defends the Constitution
 Oversees the effectiveness of all departments under the executive
 Administers the budget appropriated by Congress

4. Diplomatic Power
 Executive agreements
 Represents the state in the international community and foreign affairs
 Authority to contract and guarantee foreign loans
 Power to appoint diplomats
 Powers as Commander-in-Chief of the Armed Forces
 Has absolute control of the armed forces
 Has the power to call out the armed forces to prevent or suppress lawless
violence

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  Empowered to created military tribunals

5. Military Power
 To call out the Armed Forces
 To meet emergency situations
 To declare martial law
 To suspend the privilege of the writ of habeas corpus

6. Budgetary Power
 Prepares the budget
 Executes the spending authorized by Congress

7. Pardoning Power
 The president may grant reprieves, commutations, and pardons
 The president may also grant amnesty (with the concurrence of all the
members of Congress)

Activities and Exercises

1. Explain the rationale behind granting executive power to the president.

2. Enumerate the different functions and powers of the Chief Executive

Write your critique paper about the Philippine presidents and their exercise
of power.

Glossary
Executive power- the power granted to the executive branch to execute or
enforce the laws through the inherent powers of the state.

Pardon- is a government decision to allow a person who has been convicted

of a crime, to be free and absolved of that conviction, as if never convicted.

Veto- a constitutional right to reject a decision or proposal made by a law-

making body.
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References

B. Ponton & P. Gill. (1982). Politics, Introduction. New York: Basil Blackwell
Tuibeo, A. (1998). Politics and governance: A critical introduction. Makati:
Grandwater Publication.
Magstadt, T. & Schoten, P. (1988). Understanding politics: ideas, institutions,
& issue. New York: St. Martin’s Press
Retrieved from http://www.apmforum.com/columns/orientseas22.htm

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