CITY OF MALABON UNIVERSITY

COLLEGE OF TEACHER EDUCATION

POLITICS AND GOVERNANCE

Chapter 6 MODULE 7 – THE EXECUTIVE

OVERVIEW
This chapter will discuss the role of the Philippine President in
relation to his/her powers.

OBJECTIVES:

The learners will be able 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.

” Being a President is like riding a tiger. A man has to keep on riding

or he is swallowed.”

- Harry S. Truman
 Parliamentary Permanent
Representatives Vice-President
Appointments President
Temporary Election Tribunal
Malacanang Martial Law
Congress Permanent

PRE-TEST

Filling the blanks. Use a separate paper for your answers. Analyze
carefully the statements or questions before answering. Choose the
best or nearest answer by writing the corresponding word in the
blank.

__________ 1. The executive power is vested in the President of the

Philippines. The president is elected by popular vote. The principal
workplace of the President is the _______________ San Miguel,
Manila.

__________ 2. ____________ appointment is an appointment made

prior to a presidential election that is subject to a possible
cancellation or revocation of the President-elect.

__________ 3. The ____________ is first in line to succession if the

President resigns, is impeached or dies.

__________ 4. ____________ is one mode of putting a person in

office in which an appointing authority selects a person to discharge
the functions of an appointive officer.

__________ 5. ____________ law, within the Constitutional context,

means temporary military rule especially declared not to replace
civilian authority but to help it recover in case of invasion or rebellion,
and when public safety requires it .
__________ 6. If the Office of the Vice-President is vacant as a
consequence of presidential succession, the President shall nominate
a Vice-President from among the Members of __________ who shall
assume office upon confirmation of the members of the Congress.

__________ 7. The ____________ is “composed of twenty-four

Senators who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.”.

__________ 8. ____________ Immunity refers to the privilege given to

Members of Congress untended to ensure their effective discharge of
legislative functions and maintenance of representation in the
Congress.

__________ 9. Under a bicameral system, the Congress is composed

of the Senate and the House of ______________.

_________ 10. Another independent body in the Congress is the

Commission on ___________ which was created to check the
appointing power of the President, specifically in appointments to
important offices in the government.
EXECUTIVE DEPARTMENT
The executive power is vested in the President of the Philippines.
The President is elected by popular vote. The principal workplace of
the president is the Malacanang Palace in San Miguel, Manila. The
President is also the Commander-in-Chief of the Armed Forces of the
Philippines. The second highest official is elected separately from the
President by popular vote.

The Vice-President is first in line to succession if the President

resigns, is impeached or dies. The Vice-President is usually, though
not always, a member of the president’s cabinet. If there is a vacancy
in the position of vice-president, the President will appoint any
member of Congress as the new vice-president. The appointment
must then be validated by a three-fourths vote of the Congress.

The term of office of the President, as well as the Vice-President, is

six (6) years. As head of the Executive Department, the President is
the Chief Executive. He represents the government as a whole and
sees to it that all laws are enforced by the officials and employees of
his department. He has control over the executive department,
bureaus and offices.

This means that he has the authority to assume directly the

functions of the executive department, bureau and office or interfere
with the discretion of its officials. Corollary to the power of control,
the president also has the duty of supervising the enforcement of
laws for the maintenance of general peace and public order. Thus, he
is granted administrative power over bureaus and offices under his
control to enable him to discharge his duties effectively.

Control is defined as the power or supervision to oversee that of

an officer to alter or modify or subordinate officers perform nullify or
set aside what are their duties. If the subordinates subordinate officer
had done in fail or neglect to fulfill the performance of his duties,
then, the officer may take and to substitute the judgment such action
or steps as of the former for that of the prescribed by law to make
them latter. It includes the authority to perform these duties. Order the
doing of an act by the “take care” clause. The President is considered
subordinate or to undo such act as the Law Enforcer. He is to enforce
them or to assume a power directly Constitution, statutes, judicial
decisions, administrative rules and regulations and vested in him by
law. Municipal ordinances, as well as treaties entered into.

By the government, the president exercises general supervision

over all local government units under the existing presidential form of
government, the executive and legislative branches are entirely
separate, subject only to the mechanisms of checks and balances.
There were attempts to amend the Constitution in order to shift to a
parliamentary system, but these moves were stuck down by the
Supreme Court.

POWERS OF THE PRESIDENT

The President of the Philippines has specific powers provided in

the Constitution, to wit:
 (1)Appointing power;
(2) Power of control and supervision;
(3)Military power;
(4)Pardoning power;
(5)Diplomatic power;
(6)Residual power;
(7)Delegated power; and
(8)Veto power

POWER OF APPOINTMENT

(a)Meaning. Appointment is one mode of putting a person in office

in which an appointing authority selects a person to discharge
the functions of an appointive office. The power is exercised by
the President, although legislative and judicial officials can also
appoint their respective personnel.
(b)Types of Appointment. There are four types of presidential
appointments:
(i) Appointment by an Acting president;
(ii) Temporary Appointment;
(iii) Regular Appointment; and
(iv) Ad interim appointment
(c)Appointments Distinguished from Each Other.
Appointment by an Acting president may be revoked by an
elected president within ninety days from his assumption or
reassumption of office. If it were not revoked, the appointment
remains effective, as if it were the President elect who made the
appointment.
 Temporary appointment is appointment made prior a
presidential election that is subject to a possible cancellation or
revocation of the president-elect. As an exception to midnight
appointments, temporary appointment may be extended by an
outgoing President to executive positions when continued
vacancies therein will prejudice public service or endanger
public safety.
Regular appointments is presidential appointment made with
or without the consent of the Commission on Appointments.
And Ad Interim appointment is appointment made during the
recess of the Congress, whether voluntary or compulsory,
which is effective until disapproved by the Commission on
Appointments or until the next adjournment of the Congress.
(d) Ad Interim Appointment vs. regular Appointment
Ad Interim appointment is different from regular appointment,
in that the purpose of the former is to prevent hiatus or lull in
government offices, while that of the latter is to simply fill an
office in the ordinary course of business;
An ad interim appointee immediately assumes office, while a
regular appointee does not, since confirmation by the
Commission on Appointments is still required.
Moreover, an ad interim appointment is different from
temporary appointment. Although the former is subject to the
revocation of the Congress, it is not temporary because it takes
effect immediately and cannot be revoked or withdrawn by the
President if the ad interim appointee is qualified. In fact, ad
 interim appointment is permanent and its subsequent
disapproval does not change its nature.
Lastly, an ad interim appointment is different from
appointment in acting capacity, in that the former requires
confirmation of the Commission on Appointments, while the
latter does not; the former is permanent, while the latter is
temporary; and the former is made during recess, while the
latter is made either during recess or not.
(e) Appointments Requiring Confirmation. Sec.16, Article VII
provides an exclusive list of Presidential appointees whose
appointments require the confirmation of the Commission on
Appointments. These officials are:
(1)The department secretaries, ambassadors, other public
ministers and consuls;
(2)Officers of the armed forces from the rank of colonel or naval
captain;
(3)Other officers whose appointments are vested in him in the
Constitution;
(4)All other officers of the Government whose appointments are
not otherwise provided for by law, and those whom he may
be authorized by law to appoint; and
(5)The heads of departments, agencies, commissions, boards,
those lower in rank in the President. Members of the
Constitutional Commissions and regular members of the
Judicial and Bar Council are officers whose appointments are
vested in him in the Constitution. The list is exclusive, thus,
other appointments by the president do not require consent
 of the Commission on Appointments. The appointees are
subject to the control of the President in line with the doctrine
of the qualified political agency. The President has the power
to change and set aside their acts.

POWER OF CONTROL AND SUPERVISION

(a)Control. The President has control over all executive

departments, bureaus, and offices; as chief administrator,
he has the primary duty to ensure that the laws are
faithfully executed. Power of control refers to the power of
the President, being the Chief Executive, to alter, modify or
set aside the acts of his subordinates and substitute his
judgment for that of the latter.
His subordinates include the Cabinet Members or
heads of the executive departments, heads of bureaus and
offices, and their subordinates and assistants. The Cabinet
Members are alter egos of the President as enunciated in
the doctrine of qualified political agency; thus’ the
president has the power to alter or set aside their acts.
Moreover, the power of control is connected to the
appointing power of the President. Just as he can put
people to appointive positions, he can also investigate,
discipline, suspend, and remove them when they become
inefficient or corrupt.
(b) Supervision. The power of control includes the power of
supervision. The power of supervision refers to the
authority to oversee a subordinate officer and to see to it
 that he performs his functions and duties in accordance
with law. It generally includes the power to investigate. It
must be noted that the power of control is broader than
the power of supervision, since the former includes the
latter.
The President has [power of supervision over local
government units, in which he can investigate and see to it
that they perform their duties in accordance to established
laws. He does not, however, have power of control over
them, so that he cannot change their acts or substitute his
judgment for their judgment.

MILITARY POWER

The President is granted military powers, the primary

purpose of which is to maintain civilian supremacy over the military.
The power includes:

(a) Calling out power;

Section 18, Article VII states that the President is the
Commander-in-Chief of the Armed Forces of the
Philippines, and whenever it becomes necessary, he may
call out such armed forces to prevent or suppress lawless
violence, invasion and rebellion, As the highest civilian
officer, the President is also the highest military authority.
This is so because civilian authority should, at all times be
supreme over the military in the democratic, republican
Philippines. The military is the single most power
 institution equipped by law to use violence and force.
Thus, to prevent military takeover, the fundamental law
makes a civilian the commander-in-chief of the military.
Although the President lacks military training, the ideals of
democracy dictate that he should possess the tremendous
power of controlling and directing the military even in
times of war. While he may delegate to, and ask advise
from, military men, the ultimate authority to direct and call
out the armed forces is with him. Not even the courts can
question him in exercise of this prerogative of calling the
armed forces to prevent or suppress lawless violence,
invasion or rebellion.
(b)Suspension of the Privilege of Habeas Corpus.
Section 18, Article VII also expressly gives the
president the power to suspend the privilege of the writ of
habeas corpus. The writ of habeas corpus is a written
order issued by the court checking a person detaining
another to produce (habeas) the body (corpus) of the latter
and to explain before the court his authority for detaining
the latter. Habeas corpus is a special proceeding which
provides speedy remedy for the immediate release of an
unlawfully detained person.
Thus, a person who was arrested and detained without
a valid warrant may file a petition foe habeas corpus for
his immediate release, after the judge determines that
there is no valid ground for his detention. Under Section
18, this “privilege” of habeas corpus may be suspended
 by the President in case of invasion or rebellion, and when
public safety requires it.
The rationale for such power is to allow the President
ro expediently reestablish peace and order by detaining
apparent offenders without the hindrance or threat of their
immediate release. Note, however, that what is suspended
is the “privilege” nor the right to file the petition for
habeas corpus. Thus, even when the President suspends
the privilege, persons unlawfully detained may still file a
position for habeas corpus. Only the privilege of
immediate release is suspended.
(c)Martial Law
The power to declare martial law is likewise expressly
granted in Section 18. Martial law, within the
Constitutional context, means temporary military rule
especially declared not to replace civilian authority but to
help it recover in case of invasion or rebellion, and when
public safety requires it. Martial law, unlike a military
takeover, does not suspend the operation of the
Constitution and guarantee for respect of human rights.
It is not permanent, it is declared only for a limited
duration, that is, for not more than sixty days. In addition,
the president must also report in writing to the Congress
within forty-eight hours from proclamation, and the
Congress may conduct special sessions even without the
call of the President. As far as the courts are concerned,
the military courts do not require jurisdiction over cases
 involving civilians if civil courts are still able to function.
These constitutional limitations are intended to uphold
democracy and civilian supremacy in the Philippines, as
well as to prevent the rise of an abusive military regime
that does not respect due process and takes for granted
the liberties of the sovereign people.
(d) Comparison of the Military Powers
To compare the military powers of the president, it
must be noted that the power to declare martial law and
the power to suspend the privilege of the writ of habeas
corpus are the greater powers since it curtails the freedom
s and civil liberties of the citizens. The calling out power is
said to be lesser or benign power, in that it has no such
effect. Thus, the Constitution limits the former powers by
making them susceptible to review by the courts, whereas
the calling out power is exercised by the president with
full discretion and wisdom as the commander-in-chief of
armed forces, not subject to judicial review.

PARDONING POWER

The pardoning power of the President refers to the exercise of

executive clemency. It includes:

(a)Pardon is an act of grace which exempts an individual from

serving his sentence or punishment which the law inflicts
for the crime he committed. It forgives the offender by not
letting him pay for the crime he committed. For pardon to
 be given, a person must first be declared guilty of a crime
by final judgment of the court, and the President thereafter
extends pardon. Instead of making him serve his sentence,
the President exempts him through his personal act of
grace. What the convict is exempted from is criminal
liability not civil liability.
There are two kinds of pardon: ABSOLUTE and
CONDITIONAL.
Absolute pardon is one that absolves the convict from
criminal liability without any conditions whatsoever, while
conditional pardon absolves the convict from criminal
liability under the penalty of recommitment to prison in
case any condition provided is violated.
It must be remembered, however, that pardon cannot be
granted in cases of impeachment; or in violations of
election laws without favorable recommendation of the
COMELEC; or in cases of legislative contempt or civil
contempt; or can it restore forfeited public offices.
(b) Commutation refers to reduction or mitigation of the
penalty. For example, instead of serving ten years of
imprisonment, reduction has the effect of reducing the
penalty to five years, for instance, at the discretion of the
President.
(c) Reprieve refers to the postponement of sentence or stay
of execution. This was applicable when death penalty was
still effective. For instance, the execution of a death
 convict mat be postponed by the President to another date
if he extends reprieve.
(d) Parole is probationer release from imprisonment. It is
given to a convict who has served the minimum sentence
of his penalty and has acted in good behavior inside the
penal institution. Parole does not fully restore the freedom
of the parolee since he is still in the custody of the law
although not in confinement.
(e) Amnesty is an act of grace by the President extended to
groups of persons who committed political offenses. It
requires the concurrence of the legislature and puts into
oblivion the offense itself. It is distinguished from pardon,
in that: the former forgives political offenses (such as
treason and rebellion) deemed expedient for the public
welfare than prosecution of the same, while the latter
forgives crimes against the peace of the state (such as
homicide and murder); the former is usually given to
groups of offenders, whereas the latter does not; the
former is a public act which the courts takes judicial
notice, whereas the latter is a private act of the President
which must be pleaded by the person pardoned for the
court to take judicial notice; and the former looks
backward and abolishes the criminal and civil liability of
the offenders, while the latter looks forward and relieves
only the criminal liability of the offender.

DIPLOMATIC POWERS
 The President has diplomatic powers because, as the head of
the State, he is the spokesman of the nation on matters of external
affairs. “He may deal with foreign states and governments, extend or
withhold recognition, maintain diplomatic relations, enters into
treaties, and otherwise transact with the business of foreign
relations.” The Constitution, however, limits this power of the
President, as it expressly states “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.” Thus, if the President, for instance,
enters into an international agreement with the United States of
America for the establishment of civilian rights mutually benefiting
the citizens of both countries, then on the part of the Philippines,
least two-thirds of all the Members of the Senate must concur with the
said international agreement.

RESIDUAL POWER

The President, as the head of the State, is given residual powers.

Under the presidential system, the President is not a mere symbolic
head; he is the chief executive granted with powers, so broad to
include even those not mentioned in the Constitution. “The powers of
the President are not limited to what are expressly enumerated in the
article on Executive Department and in scattered provisions of the
Constitution.

He has unstated powers called “residual powers” which are

implied from the grant of executive powers and necessary for the
exercise of his duties under the Constitution. It is called “residual”
because it is whatever power which the legislature or the judiciary
does not possess and which the President could, thus, legitimately
exercise consistent with his functions.
This is not to foster another dictatorship or an unbridled exercise
of power as was experienced during the Marcos administration; nor is
it a violation of the Constitutional intent to limit the specific powers of
the President to avoid another abusive regime. The grant of residual
powers, rather, is just in recognition of the general grant of executive
power to the President.

DELEGATED POWERS
The Congress can delegate legislative powers to the President,
among which are emergency powers (Section 23 (2), Article VI) and
tariff powers (Section 28 (2), Article VI).

VETO POWER
The President exercises veto power in relation to his role of
checking the power of the Congress. If he thinks that a bill by
Congress should be disapproved, he exercises his veto power and
returns the sane with his objections to the House of origin. As a
general rule, the veto must pertain to the entire bill, so that he is not
allowed to veto separate items of the bill.
The exception, however, is “item veto” allowed in case of
appropriation, revenue and tariff bill. The Constitution expressly
provides that “President shall have the power to veto any particular
item or items in an appropriation, revenue or tariff bill, but the veto
shall not affect the item or items to which he does not object.”
THE PRESIDENT MAY CONTRACT OR GUARANTEE FOREIGN LOANS
On Section behalf of the Republic of the Philippines with the prior
20 concurrence of the Monetary Board, and subject to such
limitations as may be provided by law. The Monetary Board shall,
within thirty days from the end of every quarter of the calendar year,
submit to the Congress a complete report of its decision on
applications for loans to be contracted or guaranteed by the
Government or government-owned and controlled corporations which
would have the effect of increasing the foreign debt, and containing
other matters as may be provided by law.
Borrowing Power – the president may contract or guarantee
foreign loans on behalf of the Republic of the Philippines with prior
concurrence of the Monetary Board.

THE EXECUTIVE AND EXECUTIVE PROCESS

Executive Power
1. Executive power includes, first, the power to implement and
administer the law, and second, other powers necessary to
carry out the same. Section 1, Article VII provides that “the
executive power shall be vested in the President of the
Philippines,” so that his primary role is to ensure that the laws
are faithfully executed.
That executive power is given to the President alone makes
him the most potent official in the government. But while much
is given to him, mush is also expected. The limits of his
 awesome power are structurally provided in the Constitution to
prevent irresponsible and despotic exercise thereof.
2. Doctrine of Qualified Political Agency. While executive power
is given only to the President, the President can appoint
“Members of his Cabinet” whim the law considers as his “alter
egos” (extension of himself). Under the doctrine of qualified
political agency, the acts of the Members of the Cabinet are
deemed to be the acts of the President unless reprobated or
altered by him.
The Cabinet Members are political agents of the President
who help him discharge his powers and duties which alone he
cannot efficiently perform. They are the heads of the
departments who serve as presidential advisers. Just as the
President has the power of control over them, he also has the
power to remove them, him being still the chief of
administration.

PRESIDENTIAL PRIVILEGES
Presidential privilege refers to an immunity or privilege
granted to the President intended for the effective performance
of his executive functions and duties.
KINDS OF PRESIDENTIAL PRIVILEGE
(a) Immunity from suit means that the President cannot be sued,
if he invokes such privilege, for any civil or criminal action
during his tenure. In one case, the Court said that “the
rationale for the grant of privilege of immunity from suit is to
ensure the exercise of the Presidential duties and functions
 free from any hindrance or distraction, considering that being
the Chief Executive of the Government is a job that, aside
from requiring all of the office-holder’s time, also demands
undivided attention.” After his tenure, the President can no
longer invoke immunity for non-official acts.
(b) Executive privilege refers to the power of the President to
withhold confidential information from the other branches of
the Government and the public. Among these types of
information covered by the privilege are:
(1)Conversations and correspondence between the President
and the public officials;
(2)Military, diplomatic, and other national security matters
which in the interest of national security should not be
divulged;
(3) Information between inter-government agencies prior to
the conclusion of treaties and executive agreements;
(4)Discussion in close-door Cabinet meetings; and
(5) Matters affecting national security and public order. These
types of information are closed or withheld from the other
branches and the public because they are crucial for the
exercise of executive functions and to prevent the
potential harm resulting from the disclosure of the same.
Thus, the President and the Cabinet Members, for
instance, can invoke executive privileges even in the
Congress during legislative investigations.

QUALIFICATIONS, MANNER OF ELECTION, AND TERM

 The President. The Constitution provides the qualifications,
manner of election, and term of the President as follows:
(a) Qualifications. Section 2, Article VII of the Constitution
provides the qualifications of the President, to wit:
(i) He must be a natural-born citizen of the Philippines;
(ii) A registered voter;
(iii) Able to read and write;
(iv) At least forty years of age on the day of the election;
and
(v) A resident of the Philippines for at least ten years
immediately preceding such election.
(b) Manner of Election. He is elected at large by the direct vote
of all qualified citizens,
(c) Term. His term is sex years, for which he cannot seek fro
reelection., He may be removed from office through
“impeachment.”
2. The Vice-President. Section 3, Article VII states that the Vice-
President has “the same qualifications and term of office as the
President,” for the reason that his primary role is to succeed the
president in case of vacancy due to the latter’s death,
permanent disability, or resignation. He may also be removed
from office in the same manner as the president. However, the
Vice-President may serve for two consecutive terms.
3. When Qualifications must be Present. It must be noted that the
qualifications must be present on the day of the election and not
on the day of filing the Certificate of Candidacy or the day of
proclamation of the President-elect. Thus, one can still run for
President even if he is still thirty nine years old on the day of
filing the certificate of candidacy, for as long as he is forty years
old on the day of the election.
Worthy of note also is the Constitutional limitation on the
term of the President, that is, he cannot seek for reelection. The
manifest purpose of this is to prevent despotism and to protect
the highest public official from being consumed by the
overwhelming powers of Presidency.

PRESIDENTIAL SUCCESSION
1. Two Rules on Presidential Succession. Section 7, and
Section 8, Article VII prescribe the rules for presidential
succession on the manner of the filling a vacancy in the
presidency. Section 7 talks of succession when vacancy
happens at the start of the term of the President-elect,
while Section 8 talks of succession when vacancy
happens at the mid part o0f the term of the incumbent
President. These rules are important because they provide
immediate remedy for filling the vacancy in the highest
and most crucial seat of the land.
2. Succession at the Start of the Term. Under Section 7,
Article VII, the rule is:
(a) The Vice-President becomes the Acting President in
the event that the President-elect fails to qualify, or
when no President was chosen;
(b)The Senate President or, in case of his inability, the
House Speaker, becomes the Acting President on the
 event that no President and Vice-President are chosen
or qualified, or where both died or become permanently
disabled.
In the first case, the Vice-President acts as President
until a President-elect is qualified and chosen. In the
second case, the Vice-President does not only act as
President but becomes the President.
And in the third case, the Senate President or, in his
inability, the House Speaker acts as President until a
President or a Vice-President are chosen and qualified.
3. No Presidential Hold-Over. Note well that the former
President, whose term already expired, has no right of
“hold over.” So as not to repeat the dictatorship of the
past, the Constitution is strict with the six-year term limit.
No extensions are allowed, not even in a hold-over
capacity. Thus, if no President assumes office after the
election, the former President is not allowed to continue
discharging the functions of the presidency.
4. Succession at the Mid-Part of the Term. Under Section B,
Article VII, the rule is:
(a) The Vice-President becomes the President for the
unexpired term in case of the latter’s death, permanent
disability, removal from office, or resignation; and
(b) If the same happens to both the President and the Vice-
President, then the Senate President or, in case of his
inability, the House Speaker, will act as President until
 the President or Vice-President will be elected and
qualified.
5. Vacancy in the Office of the Vice-President. If the Office of
the Vice-President is vacant as a consequence of
presidential succession, the President shall nominate a
Vice-President from among the Members of Congress who
shall assume office upon confirmation of the Members of
Congress. For example, when former President Joseph
Estrada was ousted from Malacanang through People
Power, he was succeeded by the Vice-President Gloria
Arroyo.
As a matter of course, the Office of the Vice-President
became vacant. Thus, the new President, Gloria Arroyo,
nominated then Senator Teofisto Guingona for Vice-
President whose nomination was confirmed by the
Members of Congress. Note that President Arroyo could
have nominated any Member of the Congress, that is,
either a Senator or a Member of the House of
Representatives for Vice-Presidency.
6. Temporary Disability of the President. And lastly,
Presidential succession also happens when the President
is “temporarily disabled.” The temporary disability of the
President, of which the public must be informed, is
determined by:
(a) the President himself through a written declaration
transmitted to the Senate President and House Speaker,
 in which case the Vice-President becomes the Acting
President;
(b) Majority of Cabinet Members through a written
declaration transmitted to the two officials, in which
case the Vice-President becomes the Acting President;
and
(c) 2/3 vote of both Houses of Congress, voting separately,
in case there is a dispute between the President and the
Cabinet Members, in which case the Vice-President also
becomes the Acting President.
Presidential incapacity is said to be terminated when
the President or his Cabinet Members transmit to the
Congress that the inability no longer exists, or in case
the temporary disability was declared by the Congress,
when both Houses by 2/3 vote, each voting separately,
declare the termination of presidential incapacity.

INHIBITIONS AND DISQUALIFICATIONS

The Constitution provides many inhibitions and
disqualifications on the President, Vice-President, Cabinet Members,
and their deputies and assistants. The subjects of the inhibitions and
disqualifications are:
(1) Increase in their salaries and emoluments;
(2)The holding of other offices;
(3) Appointment if relatives; and
(4) Midnight appointment.
1. Inhibition on Salary. The Congress fixes by law the salaries of
the
President and Vice-President. The salaries cannot be decreased
during their tenure, but the same can be increased.
The increase takes effect only after the expiration of the term
of the President and Vice-President during whose term the
increase was approved.
2. Disqualification on Holding Other Offices. They cannot also
receive during their tenure any other compensation or
allowances from the Government or any other source. The
reason for this is that they cannot hold any other office or
employment, unless otherwise provided in the Constitution.
Their office, being very important and crucial in the government,
demands their full time and attention.
The disqualification also prevents them from extending
special favors to their own private business which comes under
their official jurisdiction, and assures the public that they will be
faithful and dedicated in the performance of their functions.
Public office is a public trust, so that it cannot be used for
personal benefit and familial advantage. Thus, they shall strictly
avoid conflict of interest in the conduct of their office.
It should be noted that the Vice-President can be appointed
as Member of the Cabinet and his appointment need not go
through the Commission on Appointments. This is an exception
to the above prohibition, of which its purpose is to give due
reverence to the second highest office of the land and more
 importantly to give him a function other than being a mere
President Reserve.
3. Prohibition against Appointment of Relatives. Nepotism is
prohibited by the Constitution. Nepotism happens when the
President, during his tenure, appoints his spouse and relatives
by consanguinity or affinity within the fourth civil degree 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. Public office is
not a property, nor can it be shared and passed as a matter of
right to family members. The Philippines is not the kingdom of
the President, his office is only entrusted to him by the people
who are the sovereign rulers of the country and to whom he
must serve with utmost responsibility, integrity, loyalty and
efficiency.
4. Prohibition against Midnight Appointments. Midnight
Appointments are also prohibited by the Constitution. Midnight
appointment refers to presidential appointment after election
but before assumption to office of the next President. Section
15, Article VII provides that “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.
This is essentially a limitation to the appointing power of the
President. The purpose of the prohibition is to avoid using the
Presidency for partisan considerations and for vote buying. It is
also rude and unstatesman-like for an outgoing President to
 appoint within the said period so as to prevent the incoming
President to exercise his prerogatives of selecting his own set
of officers.

CHECKS AND BALANCES

From the examples above, one can understand the corollary
doctrine of “checks and balanaces.” Under the doctrine, there is no
absolute separation of the three branches of the government, but to
maintain their coequality each department checks the power of the
others. Generally, the departments cannot encroach each other’s
power, but constitutional mechanisms allow each one of them to
perform acts that would check the power of others to prevent
monopoly, concentration, and abuse of power.
For example, the Judicial and Bar Council recommends nominees
to the President so that the latter will not capriciously appoint
someone whim he can easily convert into a puppet and thereby
become his medium to control the judiciary. In the same way, the
disbursement of public funds cannot depend solely upon the
discretion of the President, but must be based on legislation by the
Congress.