THE EXECUTIVE DEPARTMENT

Definition of Executive Power

– The power to implement or execute the law

Scope
– Executive power is vested in the President of the Philippines.
– Those set forth but not limited in Art. VII (Residual Power);
Ex. The President is immune from suit and criminal prosecution while he is in office.
– Immunity from Suit; may waive by the president himself.
– Limitation: The President cannot dispose state property unless authorized by
law.
Qualifications (Sec. 2)

1. Natural born citizen of the Philippines

2. Registered voter
3. Able to read and write
4. At least 40 years old on the day of the election
5. Resident of the Philippines for at least 10 years
immediately preceding the election.

Section 3. The VP has the same qualifications as the

President.
Manner of Election and Terms of Office for
President (Sec. 4)

• The President shall be elected by direct vote of the

people.
• The term of office for President is Six (years)
• President is limited for Single term only; not qualified
for re-election.
• Any person who has succeeded as president and
served for more than 4 years shall NOT be qualified for
election for the same office anytime.
Manner of Election and Terms of Office for
Vice - President (Sec. 4)

• The Vice - President shall be elected by direct

vote of the people.
• The term of office for Vice-President is Six
(years) for 1 term.
• Vice - President is qualified for re-election,
thus 2 terms.
Sec. 5 Oath of office of the President
Sec. 6 Salary and Emoluments
• Salary will be determined by law.
• No increase and decrease of salaries for
President and VP during their tenure. Increase
of salary will take effect only after the
expiration of terms of office.
• Pres. & VP is prohibited to receive any other
emoluments during their TENURE.
PRESIDENTIAL SUCCESSION (Sec. 7 - 12)
Vacancies at the beginning of the term
VACANCY
1. When President is disqualified/ failed to VICE PRESIDENT shall be the acting
be chosen
2. When the President died or
permanently disabled
3. When both the President and VP are
disqualified or failed to be chosen, died
and or disabled
SUCCESSOR
President until special election for
President will be called.
VICE PRESIDENT becomes the President
1. The SENATE PRESIDENT or;
2. In case, Senate President is
incapacitated, the HOUSE SPEAKER
shall be the acting President until
someone will be chosen or qualified.
PRESIDENTIAL SUCCESSION (Sec. 7 - 12)
Vacancies after the office is initially filled.
VACANCY
1. When President dies, permanently
disabled, impeach or resigns
3. When both the President and VP dies,
permanently disabled, impeach or resigns
SUCCESSOR
VICE PRESIDENT becomes the President
for the unexpired term.
1. The SENATE PRESIDENT or;
2. In case, Senate President is
incapacitated, the HOUSE SPEAKER
shall be the acting President until
someone will be chosen or qualified.
Q: What will happen to the Office of
the Vice – President?
• President will nominate new VP from any
member of either House of Congress.
• Nominee shall assume office upon
confirmation by majority vote of all members
of Congress (Senate and HoR), voting
separately.

Note: Nominee forfeits office in Congress

Who are the IMPEACHABLE OFFICIALS?

• President
• Vice – President
• Members of the Constitutional Commissions
• Justices of the Supreme Court
• Ombudsman

(Note: When the PRESIDENT is the impeachable officer,

the Chief Justice of the Supreme Court will preside;
Congress – Senate and HoR will prosecute)
GROUNDS FOR IMPEACHMENT

1. Culpable violation of the Constitution

2. Treason
3. Bribery
4. Betrayal of public trust
5. Graft and corruption
6. Other high crimes
Limitations of the President, VP, Cabinet
Members, Deputies and Assistant to the Cabinet
members.

Prohibitions:
1. Holding gov’t offices and employment; unless
2. Practicing directly or indirectly any other profession
during their tenure.
3. Participating in business.
4. Being financially interested in any contract; whether
franchise, special privileged granted by the govt., and
or any subdivision; agency; instrumentality including
GOCC (Govt. Owned and Controlled Corporations)
PROHIBITION ON THE POWER TO APPOINT

The President is prohibited to appoint his/her spouse

and the 4th civil degree relatives (consanguinity or
affinity) to the following positions:
1. Members of the Constitutional Commissions
2. Office of the Ombudsman
3. Department Secretaries
4. Department under – Secretaries
5. Chairman or heads of bureaus, or offices including GOCC
and their subsidiaries.
POWERS OF THE PRESIDENT
• Power to Appoint (Sec. 14-16)
• Power of Control and Supervision (Sec. 17)
• Military Powers/Commander in Chief Powers (Sec.
18)
• Executive Clemency/Pardoning power (Sec. 19)
• Power to Contract of Guarantee Foreign Loans (Sec.
20)
• Foreign Relation Powers (Sec. 21)
POWER TO APPOINT
 Executive in nature; Congress cannot usurp such function.
 Appointing power is Presidents’ prerogative.
 The President may appoint the following: Heads of the
Executive Department, Ambassadors, Public Ministers,
Consuls, AFP Officers from rank of Colonel to naval
captain, other officers whose appointment is vested in the
President by the Constitutions such as COMELEC, COA &
CSC Chairs, Judicial & Bar Council Regular members, The
Ombudsman and Deputies, Sectoral Representative in
Congress. (Note: This appointments need CA confirmation)
Other officers may be appointed by the PRESIDENT, not provided by
the Constitutions but provided by LAW.

 Chairman and Members of the Commission on Human Rights

 Congress, by law may appoint NLRC Commissioners, Bangko
Sentral Governor (Appoint may be addressed to the
President; may affirm & voluntary submit proposal for CA
confirmation)
PROCEDURE OF APPOINTMENT
Appointment that needs CA Confirmation:
1. Nomination by President
2. Confirmation by CA
3. Appointment by President; and
4. Acceptance by appointee
(Note: Anytime even if all four steps have been complied, the PRESIDENT
may withdraw the nomination/appointment)

Appointment that does NOT need CA Confirmation

5. Appointment by the President; and
6. Acceptance by the appointee
(Note: Once appointee accepts, the PRESIDENT can no longer withdraw
the appointment)
POWER OF CONTROL AND SUPERVISION

POWER OF CONTROL - the power to modify, alter, or

set aside what a subordinate officer has done in the
performance of his duties, to substitute the judgement
of the officer for that of his subordinate.

- The president exercises power of control over all the

executive departments, bureaus and offices.
- Note: Power over GOCC is not derived from the
constitution but from Statute.
POWER OF GENERAL SUPERVISION

– The of a Superior officer to ensure that the laws are

faithfully exercise by subordinates.
– The power of the PRESIDENT over local government units
is only of general supervision. (Interference can only be
possible among chief executives when actions are
contrary to law)
– Execution to laws is an OBLIGATION to the PRESIDENT.
The PRESIDENT cannot suspend the laws.
– The power of supervision does not necessarily includes
the power of control; however, the power of control
necessarily includes the power of general supervision.
MILITARY POWER
(Commander – in – Chief Power)

• The PRESIDENT has the power to call out the

Armed Forces of the Philippines (AFP) to
prevent or suppress lawless violence, invasion
or rebellion.
• Organize court martial and create military
commissions.
DECLARATION OF MARTIAL LAW
1. The PRESIDENT can:
a. Legislate
b. Order the arrest of people who obstruct the war effort.

2. The following cannot be done.

c. Suspend the operation of the Constitution
d. Supplant the functioning of the Civil Courts and the
legislative assemblies
e. Confer jurisdiction upon military courts and agencies
over civilians, where civil courts
How to lift the proclamation of MARTIAL LAW?

4 WAYS:

1. The president will lift such proclamation

2. By revocation of Congress
3. Nullification by the Supreme Court
4. By operation of law after 60 days period.
PARDONING POWER
• Discretionary to the President, may not be
controlled by the legislature or reversed by the
court, unless there is a constitutional violation.
PARDON – the act of grace which exempts individual
on whom it is bestowed from punishment which the
law inflicts for a crime he has committed.

AMNESTY – act of grace, concurred in by the

legislature, usually extended to classes of persons who
committed political offenses, which puts into oblivion
the offenses itself.
 AMNESTY
1. Political offenses
2. Granted to classes of
persons
3. Requires concurrence of
Congress
4. Public act to which the
court may take judicial notice
5. Looks backward and puts
into oblivion the offense
itself
6. May be granted even
before trial
PARDON
1. Infraction of peace/common
crimes
2. Granted to individuals
3. Does not require concurrence
of Congress
4. Private act which must be
pleaded and proved
5. Looks forward and relieves the
pardonee of the consequence of
the offense
6. Can be granted only after
conviction
BORROWING POWER (Sec. 21)

a. 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.

b. Monetary board shall submit to Congress report on

loans within 30 days from end of every quarter.
DIPLOMATIC POWER(Sec. 21)
No treaty or international agreement shall be
valid and effective unless concurred in by at least
2/3 votes of all members of Senate.

BUDGETARY POWER(Sec. 21)

Within 30 days from opening of every regular session,
President shall submit to Congress a budget of expenditures
and sources of finances including receipts from existing and
propose revenue measures.
INFORMING POWER(Sec. 23)
PRESIDENT shall address Congress at the opening
of its regular session. President may also appear
before it any other time.

RESIDUAL POWER(Sec. 21)

Whatever is not legislative and judicial, is
RESIDUAL power exercised by the President.
OTHER POWERS
• Call Congress to a special session
• Approve or veto bills
• Deport aliens
• Consent to deputization of government by
personnel by COMELEC
• Discipline such deputies
• General Supervision over LGUs and ARMM
• By delegation from Congress, exercise Emergency
and Tariff powers.
Conditions to call for the exercise of the
President of Emergency Powers
– There must be a war or national emergency
– There must be a law authorizing the President to exercise
emergency powers
– Exercise must be for a limited period
– Must be subject to restrictions that Congress may provide;
and
– Exercise must be necessary and proper to carry out a
declared national policy.