Article VII

Executive Department
Executive Power
It is the legal and political functions of the
President involving the exercise of discretion. It
is vested in the President of the Philippines. It is
the power to enforce and administer laws.
Executive Power
The executive power shall be vested in the President of the
Philippines. (Section 1, Article VII) In National Electrification
Administration vs. CA, G.R. No. 143481, February 15,
2002, the President is vested with the power to execute,
administer, and carry out laws into practical operation. Executive
power, then, is the power of carrying out the laws into practical
operation and enforcing their due observance.

The President may not veto a law enacted thirty-five (35) years
before his or her term of office. Neither may the President set aside
or reverse a final and executory judgment of the Supreme Court
through the exercise of veto power. (Bengzon vs. Drilon, 208
SCRA 133, April 15, 1992)
President Vice President

QUALIFICATIONS

1. Natural-born citizen;
2. Registered voter;
3. Able to read and write;
4. At least 40 years of age on the day of election; and
5. Resident of the Philippines for at least 10 years immediately
preceding the election.

TERM OF OFFICE

Six (6) years

President Vice President
DISQUALIFICATIONS DISQUALIFICATIONS
1. Not eligible for any re-election; 1. Shall not serve for more than two
2. No person who has succeeded as (2) consecutive terms (Sec. 4, Art.
President and has served as such VII)
for more than 4 years shall be
qualified for election to the same
office at any time (Sec. 4, Art.
VII);
GENERAL DISQUALIFICATIONS

a. One who has been declared incompetent or insane by competent

authority;
b. One who has been sentenced by final judgment for:
vi. Subversion;
vii. Insurrection;
viii. Rebellion;
ix. Any offense for which he has been sentenced to a penalty of not more than 18
months; or
x. A crime involving moral turpitude, unless given plenary pardon or granted
amnesty (Section 12, BP 881—Omnibus Election Code)
President Vice President

INHIBITIONS AND PROHIBITIONS

1. Shall not receive any other emolument from the government or any other source
(Section 6, Article VII);
2. Shall not hold any other office or employment unless otherwise provided in the
Constitution;
3. Shall not practice any other profession;
4. Shall not participate in any business;
5. Shall not be financially interested in any contract with, or in any franchise, or
special privilege granted by the Government, including GOCCs;
6. Shall avoid conflict of interest in conduct of office;
7. Shall avoid nepotism. (Section 13, Article VII)

PRIVILEGES
1. Official residence;
2. Salary is determined by law and
not to be decreased during his
tenure (Section 6, Article VII);
3. Immunity from suit for official
acts.
PRIVILEGES
1. Salary shall not be decreased
during his tenure;
2. No need for Commission on
Appointment confirmation for
Cabinet post (Section 3, Article
VII)
President Vice President

CANVASSING BOARD

Congress (Senate and House of Representatives); in case of tie, Congress by

majority vote shall select.

ELECTORAL TRIBUNAL

Supreme Court (en banc)

REMOVAL

Impeachment only
Election
(Section 4, Article VII) Unless otherwise provided by law, the regular election
for President and Vice-President shall be held on the second Monday of
May.

Even after Congress has adjourned its regular session, it may continue to
perform this constitutional duty of canvassing the presidential and vice-
presidential election results without need of any call for special session by
the President. The joint public session of both Houses of Congress convened
by express directive of Section 4, Article VII of the Constitution to canvass
the votes for and proclaim the newly-elected President and Vice-President
has not, and cannot, adjourn sine die until it has accomplished its
constitutionally mandated tasks. For only when a board of canvassers has
completed its functions it is rendered functus officio. (Pimentel, Jr. vs.
Joint Committee of Congress to Canvass the votes cast for
President and VP, G.R. No. 163783, June 22, 2004)
Election
There is no constitutional or statutory basis for COMELEC to
undertake a separate and an “unofficial” tabulation of results,
whether manually or electronically. By conducting such “unofficial”
tabulation, the COMELEC descends to the level of a private
organization, spending public funds for the purpose. This not only
violates the exclusive prerogative of NAMFREL to conduct an
“unofficial” count, but also taints the integrity of the envelopes
containing the election returns and the election returns themselves.
Thus, if the COMELEC is proscribed from conducting an official
canvass of the votes cast for the President and VP, the COMELEC is,
with more reason, prohibited from making an “unofficial” canvass of
said votes. (Brillantes vs. COMELEC, G.R. No. 163193, June
15, 2004)
Immunity from Suit
After his tenure, the President cannot invoke
immunity from suit for civil damages arising out
of acts done by him while he was President
which were not performed in the exercise of his
official duties. (Estrada vs. Desierto, G.R.
Nos. 146710-15, March 2001)
Rules on Succession
a. Vacancy at the beginning of the term
i. Death or permanent disability of the President-elect: VP-elect shall become President
ii. President-elect fails to qualify: VP-elect shall act as President until the President-elect
shall have qualified
iii. President shall not have been chosen: VP-elect shall act as President until a President
shall have been chosen and qualified.
iv. No President and VP chosen nor shall have qualified, or both shall died or become
permanently disabled: The President of the Senate, or in case of his disability, the Speaker of the
House of Representatives, shall act as President until a President or a VP shall have been chosen
and qualified. In the event of inability of the officials mentioned, Congress shall, by law, provide
for the manner in which one who is to act as President shall be selected until a President or VP
shall have qualified.

At 10 o’clock in the morning of the 3rd day after the vacancy occurs, Congress shall convene without
need of a call, and within 7 days enact a law calling for a special election to elect a President and a
VP to be held not earlier than 45 nor later than 60 days from the time of such call. The bill shall
be deemed
certified and shall become a law upon its approval on 3rd reading by Congress. The convening of the
Congress cannot be suspended nor the special election postponed. No special election shall be
called if the vacancy occurs within 18 months before the date of the next presidential election.
Rules on Succession
b. Vacancy during the term

i. Death, permanent disability, removal from office, or resignation of the President: VP shall become the President
Estrada vs. Arroyo, G.R. No. 146738, March 2, 2001, the SC declared that the resignation of President Estrada
could not be doubted as confirmed by his leaving Malacañan Palace. In the press release containing his final
statement,
1. He acknowledged the oath-taking of the respondent as President;
2. He emphasized he was leaving the Palace for the sake of peace and in order to begin the healing process (he did
not say that he was leaving due to any kind of disability and that he was going to reassume the Presidency as soon
as the disability disappears);
3. He expressed his gratitude to the people for the opportunity to serve them as President (without doubt
referring to the past opportunity);
4. He assured that he will not shirk from any future challenge that may come in the same service of the country;
5. He called on his supporters to join him in promotion of a constructive national spirit of reconciliation and
solidarity.

The Court declared that the elements of a valid resignation are:

1. Intent to resign;
2. Act of relinquishment.

Both were present when President Estrada left the Palace.

Rules on Succession
Intent to resign—must be accompanied by act of
relinquishment—act or omission before, during and
after January 20, 2001.
Totality of prior contemporaneous posterior
facts and circumstantial evidence— bearing
material relevant issues—President Estrada is
deemed to have resigned— constructive resignation
Resignation—may be written, oral, express, or
implied, for as long as it is clear it must be given
legal effect.
Rules on Succession
Vacancy in the office of the VP:
Whenever there is vacancy in the Office of the VP
during the term for which he was elected, the
President shall nominate a VP from among the
Members of the Senate and the HOR who shall
assume office upon confirmation by a majority
vote of all the Members of both Houses of the
Congress, voting separately. (Section 9, Article
VII)
Powers of the President
1. Executive power (Section 1, Article VII)
2. Appointing power (Section 16, Article VII)
3. Control power (Section 17, Article VII)
> Section 4, Article X—Power of general supervision over local governments
4. Calling-out power, power to place the Philippines under martial law and power to suspend the
privilege of the writ of habeas corpus (Section 18, Article VII)
5. Pardoning power, reprieves, commutations, amnesty, remit fines and forfeitures (Section 19,
Article VII)
6. Borrowing power (Section 20, Article VII)
7. Diplomatic/Treaty-making power (Section 21, Article VII)
8. Budgetary power (Section 22, Article VII)
9. Informing power—State of the Nation Address (Section 23, Article VII)
10.Veto power (Article VI)
11. Power of general supervision over local governments (Section 4, Article X)
12.Power to call special session (Section 15, Article VI)
13.Unstated Residual Power—not found in the Constitution
14.Power to Reorganize the Office of the President (Administrative Code)
15.Power of Impoundment
Appointing Power
• Carries with it the Removal Power.
• Appointment is the selection, by the authority
vested with the power, of an individual who is to
exercise the functions of a given office.
• Designation simply means imposition of
additional duties on a person already in the
public service.
Appointing Power
Binamira vs. Garrucho, 188 SCRA 154, when a person is merely
designated and not appointed, the implication is that he shall
hold office in a temporary capacity and may be replaced at
will of the appointing authority. In this sense, a designation is
considered only an acting or temporary appointment which
does not confer security of tenure on the person named.

Appointing power is executive in nature. It is vested in the

President. The power carries with it the power to remove
except in some cases like Justices of the Supreme Court, the
President appoints them but he cannot remove them. They
can only be removed through impeachment.
Officers to be appointed by the President that
require the confirmation of Commission on
Appointments:
(the list is exclusive)
1. Heads of the executive department
Except: Vice-President—may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation. (Section 3,
Article VII)
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of colonel or naval captain
4. Other officers whose appointments are vested in him in the
Constitution
Example: JBC, Constitutional Commissions
5. All other officers of the government whose appointments are not
otherwise provided by law
6. Those whom he may be authorized by law to appoint.
Appointing Power (Confirmation by CA)
Sarmiento vs. Mison, 156 SCRA 549, not all appointments made by the
President need CA confirmation. Only those enumerated in
paragraph 1 of Section 16, Article VII need confirmation of the
Commission on Appointments. The appointment of Salvador Mison
as Commissioner of Customs needs no confirmation by the CA,
because the Commissioner of Customs is not among the officers
mentioned in the 1st paragraph of Section 16, Article VII.

Officers of the armed forces from the rank of colonel or naval captain—
refers to military officers alone

PNP is now under the DILG (civilian in character, national in scope)

—no longer part of the AFP, therefore, no need for CA confirmation
Appointing Power (Confirmation by CA)
Soriano vs. Lista, G.R. No. 153881, March
24, 2003, the Philippine Coast Guard (PCG) is
no longer part of the Philippine Navy or the AFP
but is not under the DOTC, a civilian agency, the
promotion and appointment of respondent
officers of the PCG will not require confirmation
by the CA.
Appointing Power (Confirmation by CA)
Calderon vs. Carale, 208 SCRA 254, Article 215 of the Labor Code as amended by RA
6715, insofar as it requires the confirmation by the CA of the appointment of the
NLRC Chairman and commissioners, is unconstitutional because it violates Section
16 of Article VII. The Congress, when they enacted the law, added to the exclusive
list another category of officers to be appointed by the President that need the
confirmation of the CA.

Manalo vs. Sistoza, 312 SCRA 239—a law was enacted creating the PNP, RA 6795. It
provides that the Director, Deputy Director General, and other top officials of the
PNP shall be confirmed by the Commission on Appointments. The SC declared it
as unconstitutional.

In the above two cases, Congress cannot add/remove anything from the list of
officers to be appointed by the President that require confirmation of the CA. The
list is exclusive. The Congress cannot add or remove anything by a mere legislative
act.
Officials subject to the Appointment of the
President:
A. With the confirmation by the Commission on Appointments—
1. Heads of the executive department
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of colonel or naval captain
4. Other officers whose appointments are vested in him in the Constitution

B. Prior recommendation or nomination by the Judicial and Bar Council (JBC)—

1. Members of the Supreme Court and all lower courts
2. Ombudsman and hid 5 Deputies

C. Appointment of VP as Member of the Cabinet

D. Appointment solely by the President—

1. Those vested by the Constitution on the President alone
2. Those whose appointments are not otherwise provided for by law
3. Those who may be authorized by law to appoint;
4. Those other officers lower in rank whose appointment is vested by law in the President alone
Appointing Procedure
1. Nomination by the President;
2. Confirmation by the Commission on Appointments;
3. Issuance of commission; and
4. Acceptance by appointee.
>Deemed complete upon acceptance. Pending such
acceptance, which is optional to the appointee, the
appointment may still be validly withdrawn.
Appointment to a public office cannot be forced upon
citizen except for purposes of defense of the State under
Section 4, Article II of the Constitution, as an exception
to the rule against involuntary servitude.
Classification of Appointments
1. Permanent—those extended to persons possessing the requisite
eligibility and are thus protected by the constitutional guarantee of
security of tenure.

2. Temporary—those given to persons without such eligibility, revocable

at will and without necessity of just cause or a valid investigation,
made on the understanding that the appointing power has not yet
decided on a permanent appointee and that the temporary appointee
may be replaced at any time a permanent choice is made.
> Temporary appointment and Designation are not subject to
confirmation by the Commission on Appointments. Such
confirmation, if given erroneously, will not make the incumbent
permanent appointee. (Valencia vs. Peralta, 8 SCRA 692)
Classification of Appointments
3. Regular—Appointment by the President when Congress is in session. It takes effect only after
confirmation by the CA, and once approved, continues until the end of the term of the appointee.

4. Ad Interim—( 2 n d paragraph of Section 16, Article VII)—Appointment by the President when Congress
is not in session. It takes effect immediately but ceases to be valid if disapproved by the CA or upon the
next adjournment of Congress. It is deemed by-passed through inaction. It is intended to prevent
interruptions in vital government services that would otherwise result from the prolonged vacancies in
government offices.

It is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the
President once the appointee has qualified into office. The fact that it is subject to confirmation by the
Commission on Appointments does not alter its permanent character. The Constitution itself makes an
ad interim appointment permanent in character by making it effective until disapproved by the CA or
until the next adjournment of Congress.

a. Recess—one made while the Congress is not in session, before confirmation by the Commission on
Appointment; immediately effective; and ceases to be valid if disapproved or bypassed by CA upon the
next adjournment of Congress;

b. Midnight—made by the President before his term expires, whether or not it is confirmed by the CA
Ad Interim Appointments
Ad interim appointment disapproved by the Commission on
Appointments—can no longer be extended a new appointment.
The disapproval is a final decision of the Commission on
Appointments in the exercise of its checking power on the
appointing power of the President. The disapproval is a decision
on the merits, being a refusal by the CA to give its consent after
deliberating on the qualifications of the appointee. Since the
Constitution does not provide for any appeal from such decision,
the disapproval is final and binding on the appointee as well as on
the appointing power. In this instance, the President can no
longer renew the appointment not because of the constitutional
prohibition on appointment, but because of a final decision by the
CA to withhold its consent to the appointment.
Ad Interim Appointments
In the case of Matibag vs. Benipayo, 380 SCRA 49, ad interim means “in the
meantime” or “for the time being”. An ad interim appointment means a
permanent appointment made by the President in the meantime that
Congress is in recess. It does not mean a temporary appointment that can
be withdrawn or revoked at any time. An ad interim appointee who has
qualified and assumed office becomes at that moment a government
employee and therefore part of the civil service. He enjoys the constitutional
protection that he cannot be suspended or removed except for causes
provided by law. The withdrawal or revocation of an ad interim
appointment is possible only if it is communicated to the appointee before
the moment he qualifies, and any withdrawal or revocation thereafter is
tantamount to removal from office. Once an appointee has qualified, he
acquires a legal right to the office which is protected not only by statute but
also by the Constitution. He can only be removed for cause, after notice and
hearing, consistent with the requirements of due process.
Ad Interim Regular

• Takes effect immediately • Does not take effect

• Appointee assumes office
immediately and later on the
appointment should be
confirmed by the CA
• Made while Congress is not in
session
immediately
• Appointee assumes office only
after confirmation by the CA
• Made when Congress is in
session

The distinction lies in the effectivity of the appointment

Ad interim appointee by-passed by the CA is no longer subject to

reappointment. He is deemed to have vacated the office.
Ad Interim (Case of First Impression)
2nd issue in the case of Matibag vs. Benipayo—whether ad interim appointees by-passed by Commission on
Appointments may be subject to re-appointment? The SC held that an ad interim appointment that is by-
passed by the Commission on Appointments because of lack of time or failure of the latter to organize is
another matter. A by-passed appointment is one that has not been finally acted upon on the merits by the
CA at the close of the session of Congress. There is no final decision by the Commission on Appointments
to give or withhold its consent to the appointment as required by the Constitution. Absent such decision,
the President is free to renew the ad interim appointment of a bypassed appointee. This is recognized in
Section 17 of the Rules of the Commission on Appointments. Hence, under the Rules, a by-passed
appointment can be considered again if the President renews the appointment.

The ad interim appointments and subsequent renewals of appointments of Benipayo, Borra and Tuason do
not violate the prohibition on reappointments because there were no previous appointments that were
confirmed by the Commission on Appointments. A reappointment presupposes a previous confirmed
appointment. The same ad interim appointments and renewal of appointments will also not breach the 7-
year term limit because all the appointments and renewals of appointments of Benipayo, Borra and
Tuason are for a fixed term expiring on February 2, 2008. Any delay in their confirmation will not extend
the expiry date of their terms of office. Consequently, there is no danger whatsoever that the renewal of
the ad interim appointments of these three respondents will result in any of the evils intended to be
exorcised by the twin prohibition of the Constitution. The continuing renewal of the ad interim
appointment of these three respondents for so long as their term of office expires on February 2, 2008
does not violate the prohibition on reappointments in Section 1 (2), Article IX-C of the Constitution.
Four (4) Situations where Section 1 (2),
Article IX-C will apply:
Section 1 (2), Article IX-C of the Constitution provides: The Chairman and the
Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of
those first appointed, three Members shall hold office for seven years, two Members
for five years, and the last Member for three years, without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor.
In no case shall any Member be appointed or designated in a temporary or acting
capacity.

1. Where an ad interim appointee to the COMELEC, after confirmation by the CA, serves
his full 7-year term. Such person cannot be reappointed to the COMELEC, whether as
a member or as a chairman, because he will then be actually serving more than 7
years.

2. Where the appointee, after confirmation, serves a part of his term and then resigns
before his 7-year term of office ends. Such person cannot be reappointed. Whether as
a member or as a chairman, to a vacancy arising from retirement because a
reappointment will result in the appointee also serving more than seven years.
Four (4) Situations where Section 1 (2),
Article IX-C will apply:
3. Where the appointee is confirmed to serve the unexpired term of
someone who died or resigned, and the appointee completes the
unexpired term. Such person cannot be reappointed, whether as member
or chair, to a vacancy arising from retirement because a reappointment
will result in the appointee also serving more than seven years.

4. Where the appointee has previously served a term less than seven years,
and a vacancy arises from death or resignation. Even if it will not result in
his serving more than 7 years, a reappointment of such person to serve an
unexpired term is also prohibited because his situation will be similar to
those appointed under the second sentence of Section 1 (2), Article IX-C
of the Constitution. This provision refers to the 1st appointees under the
Constitution, whose terms of office are less than 7 years, but are barred
from ever being reappointed under any situation.

Ad Interim Appointment
Capacity
• Made if congress is not in
session
• Requires confirmation of CA
• Permanent in nature
• Appointee enjoys security of
tenure
Appointment in an Acting
• Made any time there is
vacancy, i.e., whether Congress
is in session or not
• Does not require confirmation
of CA
• Temporary in nature
• The appointee does not enjoy
security of tenure
Limitations of Appointing Power
1. Prohibition against nepotism—(Section 13, par. 2, Article VII) The spouse and relatives by
consanguinity or affinity within the 4th civil degree of the President shall not during his tenure be
appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned
or controlled corporations and their subsidiaries.

2. Appointments extended by an Acting President shall remain effective unless revoked by the elected
President within 90 days from his assumption of office. (section 14, Article VII)

3. The presidential power of appointment may also be limited by Congress through its power to
prescribe qualifications for public office.

4. The judiciary may annul an appointment made by the President if the appointee is not qualified or
has not been validly confirmed by the Commission on Appointments.

5. Section 15, Article VII—2 types of appointment: Two months immediately before the next
presidential elections and up to the end of his term, a President or Acting President shall not make
appointments, except temporary appointments to executive positions when continued vacancies
therein will prejudice public service or endanger public safety.
In Re: Hon. Mateo Valenzuela and Hon.
Placido Vallarta, 298 SCRA 409
Section 15, Article VII is directed against two (2) types of appointment:

1. Those made for buying votes—those appointments made within 2 months

preceding the Presidential election and are similar to those which are declared
election offenses in the Omnibus Election Code;

2. Those made for partisan considerations—consist of the so-called midnight

appointments and those presumed made for the purpose of influencing the
outcome of the presidential election.

a. If made within the 2-month election period=election offense

b. If made by an outgoing President before his term of office ends, it is
MIDNIGHT appointment.

Exception: temporary appointment to executive positions

Power of Removal
General Rule: This power is implied from the power
to appoint.

Exceptions: Those appointed by him where the

Constitution prescribes certain methods for
separation from public services.

Example: Members of the Constitutional

Commissions, Justices of the SC—may only be
removed through impeachment
Power of Removal
Members of the career service of the Civil Service who
are appointed by the President may be directly
disciplined provided that the same is for cause and in
accordance with the procedure prescribed by law.

Members of the Cabinet and such officers whose

continuity in office depends upon the pleasure of the
President may be replaced at any time, but legally
speaking, their separation is effected not by removal
but by expiration of their term. (Aparri vs. Court of
Appeals, 127 SCRA 231)
Power of Control
Sec. 17, Article VII: The President shall have control of all
the executive departments, bureaus and offices. He shall
ensure that the laws be faithfully executed.

Faithful Execution Clause

As Chief Executive, the President holds the steering wheel
that controls the course of her government—she lays
down policies in the execution of her plans and
programs, and whatever policy, she chooses, she has her
subordinates to implement them. (Chavez vs. Romulo,
G.R. No. 157036, June 9, 2004)
Power of Control
Control—is the power to alter or modify or nullify or set
aside what a subordinate had done in the performance
of his duties and to substitute the judgment of the
former for that of the latter.

Supervision—means overseeing, or the power or

authority of an officer to see that subordinate officers
perform their duties, and if the latter fail or neglect to
fulfill them, then the former may take such action or
steps as prescribed by law to make them perform these
duties.
Doctrine of Qualified Political Agency or the
Alter Ego Doctrine
Acts of the Secretaries of executive departments
when performed and promulgated in the regular
course of business or unless disapproved or
reprobated by the Chief Executive, are
presumptively the acts of the Chief executive
Doctrine of Qualified Political Agency or the
Alter Ego Doctrine
In the case of DENR vs. DENR Region XII Employees, G.R. No. 149724, August 19,
2003, the power of the President to reorganize the National Government may
validly be delegated to his Cabinet members exercising control over a particular
executive department. Accordingly, in this case, the DENR Secretary can validly
reorganize the DENR by ordering the transfer of the DENR Regional Offices from
Cotabato City Koronadal, South Cotabato. The exercise of this authority by the
DENR Secretary, as an alter ego of the President, is presumed to be the act of the
President because the latter had not expressly repudiated the same.

However, in the case of Gloria vs. Court of Appeals, G.R. No. 119903, August 15,
2000, the SC held that even if the DECS Secretary is an alter ego of the President,
he cannot invoke the President’s immunity from suit in a case filed against him,
inasmuch as the questioned acts are not those of the President.

The power of control may be exercised by the President only over the acts not over
the actor (Angangco vs. Castillo, 9 SCRA 619)
POWER OF GENERAL SUPERVISION OVER
LOCAL GOVERNMENTS (Section 4, Article X)
The President can only interfere in the affairs and activities of a LGU if he
finds that the latter acted contrary to law. The President or any of his alter
egos, cannot interfere in local affairs as long as the concerned LGU acts
within the parameters of the law and the Constitution. Any directive,
therefore, by the President or any of his alter egos seeking to alter the
wisdom of a law-conforming judgment on local affairs of a LGU is a patent
nullity, because it violates the principle of local autonomy, as well as the
doctrine of separation of powers of the executive and the legislative
departments in governing municipal corporations. (Judge Dadole vs. COA,
G.R. No. 125350,
December 3, 2002)

The President exercises general supervision, not control, over local

governments. The power is generally to see to it that the LGUs perform their
powers and functions in accordance with law.
Military Powers
Section 18, Article VII:
1. The Commander-in-Chief Clause—
> To call out the Armed forces to prevent or suppress
lawless violence, invasion or rebellion.
> Organize courts martial for the discipline of the
armed forces and create military commissions for the
punishment of war criminals.
Military Powers
Gudani vs. Senga, G.R. No. 170165, August 15, 2006
(Tinga), the ability of the President to require a
military official to secure prior consent before
appearing before Congress pertains to a wholly
different and independent specie of presidential
authority—the commander-in-chief powers of the
President. By tradition and jurisprudence, the
commander-in-chief powers of the President are not
encumbered by the same degree of restriction as that
which may attach to executive privilege or executive
control.
Military Powers
2. Suspension of the privilege of the writ of habeas corpus—
Grounds: invasion or rebellion, when public safety requires it.
Duration: not to exceed 60 days, following which it shall be lifted unless extended by
Congress
Duty of the President: To report action to Congress within 48 hours, personally or
in writing

The Congress may revoke or extend, on request of the President, the effectivity of
proclamation by a majority vote of all its Members, voting jointly.

The suspension applies only to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus
arrested or detained shall be judicially charged within three (3) days, otherwise he
shall be released.
Military Powers
3. Proclamation of Martial Law—
Constitutional safeguards on the exercise of the power of the President to proclaim martial law
a. There must be actual invasion or rebellion;

b. The duration of the proclamation shall not exceed 60 days;

c. Within 48 hours, the President shall report his action to Congress. If Congress is not in session, it must convene
within 24 hours;

d. Congress may, by majority vote of all its members voting jointly, revoke the proclamation, and the President cannot
set aside the revocation;

e. By the same vote and in the same manner, upon initiative of the President, Congress may extend the proclamation if
the invasion or rebellion continues and public safety requires it;

f. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis
of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension
thereof, and must promulgate its decision thereon within 30 days from its filing;

g. It does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative
assemblies, nor authorize the confinement of jurisdiction on military courts and agencies over civilians where civil
courts are able to function, nor automatically suspend the privilege of the writ.
Military Powers – Proclamation of Martial
Law
Olaguer doctrine—aka OPEN COURT DOCTRINE—
civilians cannot be tried by military courts if the civil
courts are open and functioning (Olaguer vs. Military
Commission No. 34, G.R. No. L-54448, May 22, 1987)

4 ways for the proclamation or suspension to be

lifted:
1. Lifting by the President himself;
2. Revocation by Congress;
3. Nullification by the SC;
4. Operation of law after 60 days.
Pardoning Power
Exercise by the President: Discretionary; may not be controlled by the
legislature or reversed by the courts unless there is violation of the
Constitution.

Section 19, Article VII is simply the source of power of the President to
grant reprieves, commutations, and pardons and remit fines and
forfeitures after conviction by final judgment. This provision, however,
cannot be interpreted as denying the power of courts to control the
enforcement of their decisions after the finality. In truth, an accused
that has been convicted by final judgment still possesses collateral
rights and these rights can be claimed in the appropriate courts. For
instance, a death convict who becomes insane after his final conviction
cannot be executed while in the state of insanity. (See Article 79 of the
Revised Penal Code)
Pardoning Power
Article 81 of the Revised Penal code, as amended, which
provides that the death sentence shall be carried out without
prejudice to the exercise by the President of his executive
clemency powers at all times. For instance, the President
cannot grant reprieve, i.e., postpone the execution of a
sentence to a day certain in the absence of a precise date to
reckon with. The exercise of such clemency power, at this
time, might even work to the prejudice of the convict and
defeat the purpose of the Constitution, and the applicable
statute as when the date of execution set by the President
would be earlier than that designated by court. (Echegaray
vs. Secretary of Justice, 301 SCRA 96)
Pardoning Power
1. Pardon—an act of grace which exempts the individual on whom it is bestowed from punishment which
the law inflicts for a crime he has committed.
a. Plenary or partial
b. Absolute or conditional

Conditional pardon—is in the nature of a contract between the sovereign power or the Chief Executive
and the convicted criminal to the effect that the former will release the latter subject to the condition
that if he does not comply with the terms of the pardon, he will be recommitted to prison to serve the
unexpired portion of the sentence or an additional one.

2. Commutation—reduction or mitigation of penalty

3. Reprieve—postponement of sentence or stay of execution

4. Parole—release from imprisonment, but without full restoration of liberty, as parolee is in custody of
the law although not in confinement

5. Amnesty—act of grace, concurred in by the Legislature, usually extended to groups of persons who
committed political offenses, which puts into oblivion the offense itself.
Pardoning Power: Limitations
a. Cannot be granted in cases of impeachment;
b. Cannot be granted in violations of election laws
without favorable recommendations of the
COMELEC;
c. Can be granted only after conviction by final
judgment (except amnesty);
d. Cannot be granted in cases of legislative contempt
or civil contempt;
e. Cannot absolve convict of civil liability;
f. Cannot restore public offices forfeited.
Pardoning Power: Amnesty vs. Pardon
In Llamas vs. Orbos, pardon is available also to
one found guilty of administrative offense.

Section 19 of Article VII did not distinguish

between a criminal and administrative offense.
Pardoning Power: Effect of Grant of Pardon
In the case of Monsanto vs. Factoran, the
accused was convicted of malversation thru
falsification of official documents. She was
granted absolute pardon. She demanded for
reinstatement and back salaries. The SC held
that pardon may mean forgiveness but not
forgetfulness. What was remitted is the penalty
and not the fact of one’s guilt. In the eyes of law,
she was still a convict.
Pardoning Power: Exceptions
1. Unless the grant expressly so provides for her
reinstatement and payment of back salaries.

2. If the grant of pardon was based on the fact of

the innocence of the one charged of the crime.
Borrowing Power
The President may contract or guarantee foreign loans on
behalf of the Republic with the concurrence of the
Monetary Board, subject to such limitations as may be
provided by law. The Monetary Board shall submit to the
Congress report on loans within 30 days from end of
every quarter.

Limitations:
1. There must be prior concurrence of the Monetary Board
2. It is subject to such other limitations
Diplomatic / Treaty-Making Power
No treaty or international agreement shall be valid and effective unless concurred in by at
least 2/3 of all the members of the Senate.

In our jurisdiction, the power to ratify is vested in the President and not, as commonly
believed, in the legislature. The role of the Senate is limited only to giving or withholding
its consent, or concurrence, to the ratification. (Bayan vs. Zamora, G.R. No. 138570,
October 10, 2000)

This provision lays down the general rule on treaties or international agreements and
applies to any form of treaty with a wide variety of subject matter. All treaties or
international agreements entered into by the Philippines, regardless of subject matter,
coverage, or particular designation or appellation, requires the concurrence of the Senate
to be valid and effective.

But see Section 25 of Article XVIII. Under this provision, the concurrence of the Senate is
only one of the requisites to render compliance with the constitutional requirements and
to consider the agreement binding on the Philippines.
Budgetary Power
Within 30 days from opening of every regular
session, President shall submit to Congress a
budget of expenditures and sources of financing,
including receipts from existing and proposed
revenue measures.

The Congress may not increase the appropriation

recommended by the President. However, its
form, content, manner of preparation of the
budget shall be prescribed by Congress.
Informing Power
• State of the Nation Address (Section 23)
• The President shall address Congress at the
opening of its regular session (4th Monday of
July). He may also appear before it at any other
time.
Residual Power
Whatever is not judicial, whatever is not
legislative, is residual power exercised by the
President.
Other Powers
1. Power to call special session (Section 15, Article VI)
2. Power to deport aliens
3. Consent to deputization of government personnel by COMELEC
4. To discipline such deputies
5. By delegation from Congress, exercise emergency and tariff powers—
Conditions for the exercise of the President of Emergency Powers:
a. It can be exercised only in times of war or national emergency;
b. There must be a law authorizing the President to exercise emergency
powers;
c. It must be for a limited period;
d. It must be subject to restrictions which Congress may provide; and
e. It must be necessary and proper to carry out a declared national policy.
6. Power to Reorganize the Office of the President—under EO 292, the
Administrative Code of 1987
Other Powers
The law grants the President continuing authority
to reorganize the Office of the President in
recognition of the recurring need of every
President to reorganize his office “to achieve
simplicity, economy and efficiency”. The Office of
the President is the nerve center of the Executive
Branch. To remain effective and efficient, the
Office must be capable of being shaped and
reshaped by the President in the manner he
deems fit to carry out his directives and policies.
Malaria Employees and Workers Association of the Philippines
(MEWAP) vs. Executive Secretary Romulo, G.R. No. 160093, July
31, 2007, the President has the authority to carry out a reorganization of
the DOH under the Constitutions and statutory laws. This authority is
adjunct of his power of control under Article VII, Sections 1 and 17. The
President’s power to re0organize the executive branch is also an exercise of
his residual powers. However, the President must exercise good faith in
carrying out the reorganization of any branch or agency of the executive
department.
Impoundment Power
Impoundment refers to the refusal of the President, for whatever reason, to spend
funds made available by Congress. It is the failure to spend or obligate budget
authority of any type.

Proponents of impoundment have invoked at least three (3) principal sources of the
authority of the President.
1. authority to impound given to him either expressly or impliedly by Congress
2. the executive power drawn from the President’s role as Commander-in-Chief
3. Faithful Execution Clause

The proponents insist that a faithful execution of the laws requires that the President
desist from implementing the law if doing so would prejudice public interest. An
example given is when through efficient and prudent management of a project,
substantial savings are made. In such a case, it is sheer folly to expect the President
to spend the entire amount budgeted in the law. (PHILCONSA vs. Enriquez, 235
SCRA 506)