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EXECUTIVE

DEPARTMENT
EXECUTIVE
POWER
1987 CONSTITUTION,
ART. VII, SEC. 17
- Power vested in the President of the
Philippines. The President shall have control of
all executive departments, bureaus and offices.
He shall ensure that laws are faithfully
executed.
FAITHFUL EXECUTION CLAUSE
•The Power to take care that the laws be faithfully
executed makes the President a dominant figure
in the administration of the government. The law
he is supposed to enforce includes the
Constitution, statutes, judicial decisions,
administrative rules and regulations and
municipal ordinances, as well as treaties entered
into by the government.
SCOPE OF EXECUTIVE POWER
Executive power is vested in the President of the

Philippines (1987 Constitution, Art. VII, Sec.7).

•It is not limited to those set forth in the Constitution


(Residual Powers). (Marcos v. Manglapus, G.R. No.
88211, Oct. 27, 1989)

•Privilege of immunity from suit is personal to the


President and may be invoked by him alone. It may also
be waived by the President, as when he himself files suit.
(Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988)
HEAD OF THE
EXECUTIVE
DEPARTMENT
The Executive power
shall be vested
in the President.
FUNCTIONS OF THE PRESIDENT

HEAD OF STATE

HEAD OF GOVERNMENT

COMMANDER-IN-CHIEF OF THE
ARMED FORCES OF THE
PHILIPPINES
POWERS OF THE PRESIDENT
• POWER OF CONTROL OVER THE
EXECUTIVE BRANCH

• ORDINANCE POWER

Executive Orders

Administrative Orders

Proclamations

Memorandum Orders

Memorandum Circulars

General or Special Orders


• POWER OVER ALIENS

• POWER OF EMINENT DOMAIN

• POWER TO DIRECT ESCHEAT OR


REVERSION PROCEEDINGS
• POWER TO RESERVE LANDS OF
THE PUBLIC AND PRIVATE DOMAIN
• POWER OVER ILL-GOTTEN
WEALTH

• POWER OF APPOINTMENT

• GENERAL SUPERVISION OVER LGU

• OTHER POWERS
VICE
PRESIDENT
•The Vice President of the Philippines is
elected by direct vote by the people for a
term of six years, and may run for reelection
once. The term of the Vice President of the
Philippines starts at noon of the 30th day of
June after a regular election is held.
QUALIFICATIONS
•The vice president have the same qualifications as
the president according to Article VII, Section 3:

Natural born Filipino


A registered voter

Must be able to read and write

40 years of age at the day of election

Must have resided in the Philippines ten


years before the election held
DUTIES
•According to the constitution, the vice president may
concurrently assume a cabinet position should the
President of the Philippines offer the former one. The
vice president will become a secretary concurrent to
the position of vice president.

Aside from the cabinet post, the vice president is



mandated to assume the presidency in case of the
death, disability, or resignation of the incumbent
President.
LINE OF SUCCESSION

•Should there be a vacancy of the Office of the


Vice President, the President of the Philippines
is required by the constitution to nominate a
replacement with the concurrence of
Committee on Appointments.
PRIVILEGES ,
INHIBITIONS, AND
DISQUALIFICATIO
NS
PRIVILEGES OF THE PRESIDENT
•Official Residence (Art. VII Sec. 6)

Salary is determined by law and not to be



decreased during his tenure. (Art. VII Sec. 6)

Immunity from suits for official acts


Executive privilege
PRIVILEGES OF THE VICE-PRESIDENT
Salary is determined by law and not to be

decreased during his tenure. (Art. VII Sec.


6)

No need for Commission on Appointment for



Cabinet post (Art. VII Sec. 3)
INHIBITIONS / PROHIBITIONS OF THE
PRESIDENT
•Shall not receive increase compensation during the
term of the incumbent during which such increase
was approved. (Art. VII Sec. 6)

•Shall not receive increase compensation during the


term of the incumbent during which such increase
was approved. (Art. VII Sec. 6)

Unless provided in the Constitution shall not hold



any other employment during their tenure.
•Shall not directly or indirectly practice any
other profession, participate in any business,
or be financially interested in any contract
with, or in any franchise or special privilege
granted by the government or any
subdivision, agency, or instrumentalities
thereof, including GOCCs or their subsidiaries
during their tenure. (Art. VII Sec. 13)
•Strictly avoid conflict of interest in the conduct of
their office. (Art. VII Sec. 13)

May not appoint spouse or relatives by



consanguinity or affinity within the 4th civil degree as
member of 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. (Art. VII Sec.
13)
INHIBITIONS / PROHIBITIONS OF THE
VICE PRESIDENT
•Shall not receive increase compensation during the
term of the incumbent during which such increase
was approved. (Art. VII Sec. 6)

•Shall not receive any other emoluments from the


government and any other source during his tenure.
(Art. VII Sec. 6)

Unless provided in the Constitution shall not hold


any other employment during their tenure.


•Shall not directly or indirectly practice any other
profession, participate in any business, or be
financially interested in any contract with, or in any
franchise or special privilege granted by the
government or any subdivision, agency, or
instrumentalities thereof, including GOCCs or their
subsidiaries during their tenure. (Art. VII Sec.
13)

•Strictly avoid conflict of interest in the conduct of


their office. (Art. VII Sec. 13)
INHIBITIONS / PROHIBITIONS OF
THE MEMBERS OF THE CABINET,
DEPUTIES OR ASSISTANTS
•Shall not directly or indirectly practice any other
profession, participate in any business, or be
financially interested in any contract with, or in any
franchise or special privilege granted by the
government or any subdivision, agency, or
instrumentalities thereof, including GOCCs or their
subsidiaries during their tenure. (Art. VII Sec.
13)
DISQUALIFICATIONS
PRESIDENT / VICE PRESIDENT
•In case of Death
•Permanent Disability

•Removal from Office Through Impeachment

•Resignation
REMOVAL FROM OFFICE
THROUGH IMPEACHMENT
•Culpable violation of the Constitution
•Treason

•Bribery

•Graft and Corruption

•Other High Crimes

•Betrayal of Public Trust


DISQUALIFICATIONS
MEMBERS OF THE CABINET
DEPUTIES OR ASSISTANTS
•In case of Death
•Permanent Disability

•Removal from Office as provided by law

•Resignation
Article II Sec. 25
“The State shall ensure the autonomy of
local governments.”

Article X – Local Government


Section 2. The territorial and political
subdivisions shall enjoy local autonomy.
LOCAL AUTONOMY
•The power of local government units
(LGUs) to enjoy limited self-government

•The degree of self-determination


exercised by a local government vis-à-vis
the central government
The Congress shall enact a local
government code…
(Art. X, Sec. 3, 1987 Philippine Constitution)

Republic Act No. 7160


Or The "Local Government Code Of 1991“

- was enacted into law, transferring control


& responsibility of delivering basic services to the
hands of LGU
•LGUs are given more powers, authority,
responsibilities and resources
•A state or condition in a governmental system where
there is dispersal of power or authority from the
center
Deconcentration
Three forms Devolution
Debureaucratization
“To wean local government units from
overdependence on the national government”
Ganzon v. CA
Art. X, Sec. 1.

The territorial and political subdivisions


of the Republic of the Philippines are the
provinces, cities, municipalities, and
barangays. There shall be autonomous
regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.
Province City
- consisting of more
- composed of a cluster of
urbanized and developed
municipalities, or
Barangays, serves as a
municipalities and
general-purpose
component cities
government for the
coordination and delivery
of basic, regular, and direct
services and effective
governance of the
inhabitants within its
territorial jurisdiction
Municipality Barangay
- It is a subsidiary of the -The smallest political unit
province which consists into which cities and
of a number of barangays municipalities in the
within its territorial
boundaries Philippines are divided.

-It is the basic unit of the


Philippine political system.
Inter-levels As of 30 June 2019

Regions 17

Provinces 81

Cities 145

Municipalities 1,489

Barangays 42,045
ARMM (Autonomous Region in •Region 7 (Central Visayas)

Muslim Mindanao) •Region 8 (Eastern Visayas)

•CAR (Cordillera Administrative •Region 9 (Zamboanga


Region) Peninsula)
•NCR (National Capital Region)
•Region 10 (Northern Mindanao)

• Region 1 (Ilocos Region) • Region 11 (Davao Region)


• Region 2 (Cagayan Valley) • Region 12 (SOCCSKSARGEN)
• Region 3 (Central Luzon) • Region 13 (Caraga Region)
• Region 4A (CALABARZON)
• Region 4B (MIMAROPA)
• Region 5 (Bicol Region)
• Region 6 (Western Visayas)
ADMINISTRATIVE ORDERS

“Acts of the President which relate to particular


aspects of governmental operations in pursuance
of his duties as administrative head shall be
promulgated in administrative orders.”

Administrative Code of 1987, Book III,


Chapter 2, Section 3

https://www.officialgazette.gov.ph/section/laws
/executive-issuances/administrative-orders/
ADMINIS-TRATIVE
TITLE DATE SIGNED
ORDER NO.

CREATING THE PRESIDENTIAL TASK FORCE ON VIOLATIONS OF THE RIGHT TO


1 October 11, 2016
LIFE, LIBERTY AND SECURITY OF THE MEMBERS OF THE MEDIA

AUTHORIZING THE GRANT OF GRATUITY PAY TO JOB ORDER AND CONTRACT


2 January 31, 2017
OF SERVICE WORKERS IN GOVERNMENT

CREATING AN INTER-AGENCY TASK FORCE FOR THE RECOVERY,


3 RECONSTRUCTION, AND REHABILITATION OF THE CITY OF MARAWI AND June 28, 2017
OTHER AFFECTED LOCALITIES
CREATING AN INTER-AGENCY COMMITTEE TO FORMULATE THE NECESSARY
POLICIES, RULES AND REGULATIONS FOR THE PURPOSE OF ENSURING THAT
4 August 7, 2017
THE KEY PROPERTIES, ASSETS AND OTHER INSURABLE INTERESTS OF THE
GOVERNMENT ARE COMPREHENSIVELY AND ADEQUATELY INSURED
CREATION OF AN INTER-AGENCY TASK FORCE FOR THE UNIFIED
5 IMPLEMENTATION AND MONITORING OF REHABILITATION AND RECOVERY August 8, 2017
PROJECTS AND PROGRAMS IN THE YOLANDA-AFFECTED AREAS

REPEALING ADMINISTRATIVE ORDER NO. 103 (S. 2004) AND FOR OTHER
6 September 19, 2017
PURPOSES

REORGANIZING THE NATIONAL INTELLIGENCE COMMITTEE TO PROVIDE


GREATER UNITY AND COHESION OF THE INTELLIGENCE COMMUNITY,
7 September 22, 2017
AMENDING FOR THIS PURPOSE ADMINISTRATIVE ORDER NO. 68 (S. 2003),
AND FOR THE OTHER PURPOSES
RATIONALIZING THE COMPOSITION OF THE NATIONAL ECONOMIC AND
DEVELOPMENT AUTHORITY (NEDA) BOARD, THE NEDA BOARD EXECUTIVE
8 October 20, 2017
COMMITTEE (EXCOM), AND THE INVESTMENT COORDINATION COMMITTEE
(ICC)
ADMINISTRATIVE DECISIONS

https://www.officialgazette.gov.ph/section/laws
/executive-issuances/executive-
office/administrative-decisions/
Decision of the Office of the
President on the Administrative
March 31, 2011
Case against Deputy Ombudsman
Emilio Gonzales

Revising the chapter of the


Presidential Decree No.
Philippine Tourism Authority
564 October 2, 1974
created under Presidential Decree
No. 189, dated May 11, 1973
MEMORANDA FROM THE
EXECUTIVE OFFICE

https://www.officialgazette.gov.ph/section/laws
/executive-issuances/executive-
office/memoranda-executive-office/
Memorandum Addressed to All Concerned July 14, 1998
Government Officials/Personnel

Memorandum from the ES on employees covered by


October 28, 2010
MC2
EXECUTIVE ORDERS
“Acts of the President providing for rules of a
general or permanent character in implementation
or execution of constitutional or statutory powers
shall be promulgated in executive orders.”

Administrative Code of 1987, Book III,


Chapter 2, Section 2.
HTTPS://WWW.OFFICIALGAZETTE.GOV.PH/SECT
ION/LAWS/EXECUTIVE-ISSUANCES/EXECUTIVE-
ORDERS/PAGE/2/
GENERAL ORDERS
“Acts and commands of the President in his
capacity as Commander-in-Chief of the Armed
Forces of the Philippines shall be issued as general
or special orders.”

Administrative Code of 1987, Book III,


Chapter 2, Section 7
General Order No. Title Date Signed
1 IMPLEMENTING May 30, 2017
PROCLAMATION NO. 216
LETTER OF IMPLEMENTATION

https://www.officialgazette.gov.ph/section/laws/ex
ecutive-issuances/letters-of-implementation/
LETTER OF INSTRUCTION

https://www.officialgazette.gov.ph/section/laws/ex
ecutive-issuances/letters-of-instruction/
MEMORANDA

https://www.officialgazette.gov.ph/section/laws/ex
ecutive-issuances/memoranda/
Title Date Signed

Freedom of Information Manual September 19, 2016

Memorandum from the Executive Secretary on Release of Official


September 22, 2016
Statements
Implementation of Republic Act 9165 Otherwise known as
October 10, 2017
“Comprehensive Dangerous Act of 2002”
Suspension of Military Operations Against the Communist Party
December 22, 2017
of the Philippines (CCP)-New People’s Army (NPA)
Memorandum from the Executive Secretary on Directives
Applying to Foreign Travels of All Government Officials and January 3, 2018
Personnel in the Executive Department

Inventory of Companies Engaged in Labor-Only Contracting April 17, 2018

Memorandum from the Executive Secretary on Lifting Restrictions


on Travels to Canada and Official Interaction with June 4, 2019
Representatives of the Canadian Government
MEMORANDUM CIRCULARS
“Acts of the President on matters relating to
internal administration, which the President
desires to bring to the attention of all or some of
the departments, agencies, bureaus or offices of
the Government, for information or compliance,
shall be embodied in memorandum circulars.”

Administrative Code of 1987, Book III,


Chapter 2, Section 6
HTTPS://WWW.OFFICIALGAZETTE.GOV.PH/SECTI
ON/LAWS/EXECUTIVE-
ISSUANCES/MEMORANDUM-CIRCULARS/
MEMORANDUM ORDERS
“Acts of the President on matters of
administrative detail or of subordinate or
temporary interest which only concern a
particular officer or office of the Government
shall be embodied in memorandum orders.”

Administrative Code of 1987, Book III,


Chapter 2, Section 5
https://www.officialgazette.gov.ph/section/laws
/executive-issuances/memorandum-orders/
NATIONAL EMERGENCY
MEMORANDUM ORDERS
Memorandum orders issued by President
Corazon C. Aquino during national emergencies.

https://www.officialgazette.gov.ph/section/l
aws/executive-issuances/national-
emergency-memorandum-orders/
PRESIDENTIAL DECREES
Presidential Decrees were an innovation made
by President Ferdinand E. Marcos with the
proclamation of Martial Law. They served to arrogate
unto the Chief Executive the lawmaking powers of
Congress. Only President Marcos issued Presidential
Decrees. In the Freedom Constitution of 1986,
President Corazon C. Aquino recognized the validity
of existing Presidential Decrees unless otherwise
repealed.
https://www.officialgazette.gov.ph/section/laws
/executive-issuances/presidential-decrees-
executive-issuances/
PROCLAMATIONS

“Acts of the President fixing a date or declaring a


status or condition of public moment or interest,
upon the existence of which the operation of a
specific law or regulation is made to depend, shall be
promulgated in proclamations which shall have the
force of an executive order.”

Administrative Code of 1987, Book III,


Chapter 2, Section 4
https://www.officialgazette.gov.ph/section/laws
/executive-issuances/proclamations/
SPECIAL ORDERS
“Acts and commands of the President in his
capacity as Commander-in-Chief of the Armed
Forces of the Philippines shall be issued as
general or special orders.”

Administrative Code of 1987, Book III,


Chapter 2, Section 7
https://www.officialgazette.gov.ph/section/laws/ex
ecutive-issuances/special-orders/
HTTPS://WWW.GOV.PH/
REFERENCES:
•1987 Philippine Constitution
•Chapter 3, Book II, Executive Order No. 292, s. 1987
•Chapter 1-7, Book III, Executive Order No. 292, s. 1987
•Cruz, Isagani A.; “Philippine Political Law”
Pimentel, A. Q., Jr. (2011). The Local Government Code revisited (2011 ed.).

Quezon City, Philippines: Central Book Supply.


•Philippine Standard Geographic Code - Philippine Statistics Authority
•R.A. 7160
•www.officialgazette.gov.ph
•www.gov.ph
•www.foi.gov.ph
-END-

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