THE EXECUTIVE DEPARTMENT

EXECUTIVE POWER
Article 7 Sec. 1: The executive power shall be vested in the President of the Philippines

Executive power is briefly described as the power to enforce and administer laws.

Qualifications: Article 7 Sec.2

-natural born citizen of the Philippines
-registered voter
-able to read and write
-at least 40 years of age on the day of the election
-resident of the Philippines for atleast 10 years immediately preceeding such election

Election and Proclamation

The President and Vice President are elected by direct vote of the people. Unless otherwise provided by
the law, regular presidential election shall be held at six year intervals on the second Monday of May.
Canvass and proclamation – Article 7 Sec.4
(Congress, canvass)
In case of a tie, the one to be proclaimed shall chosen by the vote of a majority of all the members of
Congress, voting separately.
Supreme court sitting en banc shall be the sole judge of all contests relating to the election returns and
qualifications of the President or VP, and may promulgate its rules for the purpose.

Term of President and Vice President

- 6 years, which shall begin at noon on the 30th day of June next following the day of the election
and shall end at noon of the same date six years thereafter.
- NO REELECTION. (served for more than four years)
- May be removed through impeachment

The Vice President

(same with qualifications and terms of President)
The VP is eligible for the position of member of the Cabinet and when appointed as such does not need
confirmation by the Commission on Appointments.
No VP shall serve for more than 2 successive terms.
In case of vacancy, the President will nominate from Congress which shall be confirmed by majority vote
of all members of the Congress voting separately.

Presidential Succession
2 sets of rules: a)sec 7-occuring before president’s term ; b)sec8- vacancy occuring afterwards
Sec 7:
- In case of death, permanent disability, resignation of the President elect =THE VICE PRESIDENT
SHALL BECOME PRESIDENT
- In case of failure to elect the President (canvass not yet completed) = VP SHALL MERELY ACT AS
PRESIDENT UNTIL SUCH TIME AS THE PRESIDENT SHALL HAVE BEEN CHOSEN AND QUALIFIED.
- “ failure of the President to qualify, = same with 2 ^
Sec 8:
 - Vacancies occurring during his incumbency such as death, permanent disability, removal,
resignation = IN ANY OF THESE SITUATIONS, THE VICE PRESIDENT SHALL BECOME THE
PRESIDENT

In the event that both the office of the President and Vice President are vacated:
Congress will call for special election. However, no special election shall be called if the vacancy occurs
within 18 months before the date of the next presidential election

Oath of Office – formal assumption of his duties

Oath is not a source of substantive power but merely intended to deepen the sense of responsibility of
the President and to ensure a more conscientious discharge of his office..

Perquisites and Inhibitions Article 7 Section 6

- Official Residence -Malacañang
- Salary – shall be determined by law (shall not decrease during their tenure; no increase until
after expiration of term of incumbent; shall not receive any emoluments)
Pres, VP, Cabinet, shall not unless provided by law hold any other office or employment during their
tenure shall not practice profession, participate in business etc Sec.13
Spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not
during his tenure be appointed (PUBLIC OFFICE IS A PUBLIC TRUST)

Executive Privilege
Informer’s privilege -Privilege of the government not to disclose the identity of a person or persons who
furnish information on violations of law to officers charged with the enforcement of that law;
Presidential Communications Privilege, Privilege accorded to presidential communications which are
presumed privileged without distinguishing between those which involves matters of national security
and those which do not;(applies to the decision making of the President)
Deliberative process privilege, which covers documents reflecting advisory opinions, recommendations
and deliberations comprising part of a process by which governmental decisions and policies are
formulated;
Diplomatic negotiations privilege, meant to encourage a frank exchange of exploratory ideas between
the negotiating parties by shielding such negotiations from public view.

Executive privilege is not a personal privilege, but one that adheres to the Office of the President. It
exists to protect public interest,, not to benefit a particular public official.

Presidential Immunity
Settled is the doctrine that the President, during his tenure of office or incumbency, may not be sued in
any civil or criminal case, and there is no need to provide for it in the Constitution or law.

POWERS OF THE PRESIDENT

Powers of the President cannot be said to be limited only to the specific powers enumerated in the
Constitution. In other words. Executive powers is more than the sum of specific powers so enumerated.
(Marcos v Manglapus)

- Power of general supervision of local governments as may be provided by law

 - Residual powers
- Control over all matter pertaining to the disposition of government property including
sequestered assets under the administration of PCGG
- Power to reorganize the offices and agencies in the executive department
- Issuance of new law
- Authority to conduct peace negotiations with rebel groups
- Authority to declare state of rebellion
- Authority to choose the individual to whom immunity would be granted
- President is granted Ordinance Powers and may issue the ff:
a. Executive Orders-acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers.
b. Administrative Orders- acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as administrative head
c. Proclamations- acts of 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 and which shall have the force of an executive order
d. 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.
e. Memorandum Circular- acts of President on matters relating to internal administration
which the President desires to bring to attention of all or some of the departments,
agencies, bureaus, or offices of government, for information or compliance.
f. General or Special Orders- acts and commands of the President in his capacity as
Commander-in-Chief of AFP.
President cannot issue decrees.

Specific Powers:

1. The Appointing Power (Sec. 16)

- Permanent appointments – are those extended to persons possessing the requisite eligibility
and are thus protected by constitutional provision on security of tenure.
- Temporary appointments -which are given to persons without such eligibility, are revocable at
will and without the necessity of just cause or a valid investigation.

Appointments are distinguished from Designation. The latter means simply the imposition of
additional duties, usually by law, on a person already in the public service by virtue of an earlier
appointment.

Temporary Appointment and designation are not subject to confirmation by the Commission on
appointments.

6 categories of officials subject to the appointing power of the President:

1. Heads of the executive departments
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of colonel or naval captain
4. Those other officers whose appointments are vested in him by the Constitution
5. All other officers of the government whose appointments are not provided for by law
6. Those whom he may be authorized by law to appoint.

Usual steps (Regular) : 1. Nomination by the President; 2. Confirmation of the Commission on

Appointment; 3. Issuance of Commission

In ad interim, appointment comes before confirmation

Distinctions between regular and ad interim appointments:

1. In regular, made during the legislative session; ad interim made during the recess
2. Regular is made only after nomination is confirmed; ad interim appointment made before such
confirmation
3. Regular, once confirmed continues until the end of the term of the appointee; ad interim, shall
cease to be valid if disapproved by Commission or upon adjournment of the Congress.

2. The Removal Power

Not all officials appointed by the President are removable by the President because the
Constitution requires methods such as Impeachment.

3. The Control Power

The President has full control of all members of the cabinet. They are President’s alter ego.

Doctrine of Qualified Political Agency postulates that the heads of the various executive
departments are the alter egos of the President, and thus, the actions taken by such heads in
the performance of their official duties are deemed the acts of the President unless the
President himself should disapprove such acts

4. The Take-Care Clause

Power to insure that the laws are faithfully executed (power to conduct investigations,
prosecute violators)

5. The Military Power

Article 7 Section 18

“Civilian authority is, at all times, supreme over the military”

Commander in-Chief of the Armed Forces
The military power enables the President to: (1) command all the armed forces of the Philippines;
(2) suspend the privilege of the writ if habeas corpus; and (3) declare martial law

(1) Command of the Armed Forces

Calling out power involves ordinary police action
Power to conduct peace negotiations
 prohibit military officer from testifying in a legislative inquiry
President has the power to command, control, and discipline the military.

(2) Habeas Corpus (Article 8 Sec 15)

This power is not without limitations and may be revoked by Congress or Supreme Court
Suspension of the privilege of writ of habeas corpus does not suspend the writ itself, but only the
privilege.

(3) Martial Law

Limitations on the Military Power

1. He may call put the armed forces when it becomes necessary to prevent or suppress lawless
violence, invasion or rebellion only.
2. The grounds for the suspension of the privilege of habeas corpus and the proclamation of
martial law are no limited only to invasion or rebellion, when the public safety requires it.
3. The duration of such suspension or proclamation shall not exceed 60 days, following which it
shall br automatically lifted.
4. Within 48 hours after such suspension or proclamation, the President shall personally or in
writing report his action to the Congress. If not in session, Congress must convene within 24
hours without need of a call.
5. The congress may then, by a majority vote of all its members voting jointly, revoke his action.
6. The revocation may not be set aside by the President
7. By the same vote and the same manner, the Congress may upon initiative of the President,
extend his suspension or proclamation for a period to be determined by the Congress if the
invasion or rebellion shall continue and the public safety requires the extension.
8. The action of the President and the Congress shall be subject to review by the Supreme Court
Which shall have the authority to determine the sufficiency of factual basis of such action. This
is no longer considered a political question and may be raised in an appropriate proceeding by
any citizen. The SC shall decide the challenge within 30 days from the time it is filed.
(it is first a political question in the hands of Congress before it becomes a justiciable one in the hands of
the Court)
9. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the
operation of the Constitution. The civil courts and legislative bodies shall remain open. Military
courts and agencies are not conferred jurisdiction over civilians where civil courts are
functioning.
10. The suspension of privilege of writ if habeas corpus shall apply only to persons facing charges of
rebellion or offences inherent in or directly connected with invasion.

6. The Pardoning Power