Executive Department

[Sec. 1, Art. VII]

The executive power shall be vested in the President of the Philippines.

The President

Qualifications:

[Art. VII, Sec. 2]

(1) Natural-born citizen of the Philippines;
(2) A registered voter;
(3) Able to read and write;
(4) At least forty years (40) of age on the day of the election; and
(5) A resident of the Philippines for at least ten (10) years immediately preceding such election.

Election:
(1) Regular Election – Second Monday of May [Art. VII, Sec.4]
(2) Special Election – Congress shall enact a law calling for a special election to elect a President and a
Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such
call.
a. vacancy in the offices of the President and Vice-President occurs
b. No special election shall be called if the vacancy occurs within eighteen months before the
date of the next presidential election.

Congress as canvassing board – Returns of every election for President and Vice President, duly certified
by the board of canvassers of each province or city, shall be transmitted to Congress, directed to the Senate
President who, upon receipt of the certificates of canvass, shall, not later than 30 days after the day of
the election, open all the certificates in the presence of the Senate and the House of Representatives in joint
public session, and the Congress, upon determination of the authenticity and due execution thereof in the
manner provided by law, canvass the votes. Congress shall promulgate its rules for the canvassing of the
certificates. In case two or more candidates shall have an equal and highest number of votes, one of them
shall be chosen by a majority vote of all the members of Congress. [Art. VII, Sec. 4]

If the COMELEC is proscribed from conducting an official canvass of the votes cast for the President and
Vice-President, the COMELEC is, with more reason, prohibited from making an "unofficial" canvass of said
votes [Brillantes v. COMELEC, G.R. No. 163193, June 15, 2004]

The Supreme Court as Presidential Electoral Tribunal: The Supreme Court, sitting in banc, shall be the sole
judge of all contests relating to the election, returns and qualifications of the President or Vice-President,
and may promulgate its rules for the purpose. [ Macalintal v. PET, G.R. No. 191618, November 23, 2010]

Term of Office:
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 day 6 years thereafter. [Sec. 4, Art. VII]

NOT eligible for re-election: President.

Note: No person who has succeeded as President and has served for more than 4 years shall be qualified
for election to the same office for any length of time. [Sec. 4, Art. VII]
Vice-President

Qualifications, election and term of office and removal are same as the President
but the Vice- President shall not serve for more than 2 successive terms.

Privileges, Inhibitions and Disqualifications

Privileges

President
(1) Official residence.
(2) Salary determined by law which shall not be decreased during his tenure. No increase shall take effect
until after the expiration of the term of the incumbent during which such increase was approved.
(3) Immunity from Suit.
 The President is immune from suit during his tenure. (In re: Bermudez, G.R. No. 76180, Oct. 24,
1986)
but an impeachment complaint may be filed against him during his tenure. (1987 Constitution, Art.
XI)
 The President may not be prevented from instituting suit.
There is nothing in our laws that would prevent the President from waiving the privilege. He may
shed the protection afforded by the privilege.
The immunity of the President from suit is personal to the President. It may be invoked only by the
President and not by any other person. Such privilege pertains to the President by the virtue of the
office and may be invoked only by the holder of that office; and not by any other person in his behalf
(Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988)
 Heads of departments cannot invoke the President’s immunity. (Gloria v. CA, G.R.
No. 119903, Aug. 15, 2000)
 Once out of office, even before the end of the 6-year term, immunity for non-official acts is lost.
Immunity cannot be claimed to shield a non-sitting President from prosecution for alleged criminal
acts done while sitting in office. (Estrada v. Desierto, G.R. Nos. 146710-15, March 2, 2001)
 The President may be held accountable under the principle of command responsibility. Being the
commander-in-chief of all armed forces, he necessarily possesses control over the military that
qualifies him as a superior within the purview of the command responsibility doctrine.
On the issue of knowledge, it must be pointed out that although international tribunals apply a
strict standard of knowledge, i.e. actual knowledge, the same may nonetheless be established
through circumstantial evidence. In the Philippines, a more liberal view is adopted, and superiors
may be charged with constructive knowledge.
Knowledge of the commission of irregularities, crimes or offenses is presumed when:
o The acts are widespread within the government official’s area of jurisdiction;
o 2. The acts have been repeatedly or regularly committed within his area of
responsibility; or
o 3.Members of his immediate staff or office personnel are involved.
As to the issue of failure to prevent or punish, it is important to note that as the commander-in-
chief of the armed forces, the President has the power to effectively command, control and
discipline the military. (Rodriguez v. GMA, G.R. Nos. 191805 & 193160, Nov. 15, 2011)
(4) Executive Privilege – It is the right of the President and high-level executive branch officials
to withhold information from Congress, the courts, and ultimately, the public.
  The privilege being an exemption from the obligation to disclose information, the necessity for
withholding the information must be of such a high degree as to outweigh the public interest in
enforcing that obligation in a particular case. In light of this highly exceptional nature of the
privilege, the Court finds it essential to limit to the President (and to the Executive Secretary by
order of the President) the power to invoke the privilege.
Presidential conversations, correspondences, or discussions during closed-door Cabinet meetings,
like he internal deliberations of the Supreme Court and other collegiate courts, or executive sessions
of either House of Congress, are recognized as confidential. This kind of information cannot be
pried open by a co-equal branch of government. [Senate v. Ermita, G.R. No. 169777, April 20,2006]
 The claim of executive privilege is highly recognized in cases where the subject of the inquiry relates
to a power textually committed by the Constitution to the President, such as in the area of military
and foreign relations. Under commander-in-chief, appointing, pardoning, and diplomatic powers.
Consistent with the doctrine of separation of powers, the information relating to these powers may
enjoy greater confidentiality than others. [Neri v. Senate Committees, G.R. No. 180843, March 25,
2008]
 Claim of executive privilege is subject to balancing against other interest. Simply put,
confidentiality in executive privilege is not absolutely protected by the Constitution. Neither the
doctrine of separation of powers nor the need for confidentiality of high-level communications can
sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all
circumstances. (Neri v. Senate, G.R. No. 180643, March 25, 2008)
 EO 464 requires that all Executive department heads to secure the consent of the President before
appearing in ‘Question Hour’ is valid

Vice - President
(1) Salary determined by law which shall not be decreased during tenure. No increase shall take effect until
after the expiration of the term of the incumbent during which such increase was approved.
(2) The Vice-President may be appointed as Member of the Cabinet and such requires no confirmation by
the Commission of Appointments.

Prohibitions

President, Vice- President, Cabinet Members, and their deputies or assistants

1. Shall not receive any other emolument from the government or any other source. [Art. VII, Sec. 6]
2. Shall not hold any other office or employment during their tenure unless:
o Otherwise provided in the Constitution (VP can be appointed as a Cabinet Member without the
need of confirmation by Commission on Appointments; Sec. of Justice sits in the Judicial and Bar
Council)
o The positions are ex-officio and they do not receive any salary or other emoluments therefore (e.g.
Sec. of Finance as head of the Monetary Board)
This prohibition must not, however, be construed as applying to posts occupied by the Executive
officials without additional compensation in an ex-officio capacity, as provided by law and as
required by the primary functions of the said official’s office. (National Amnesty Commission v.
COA, G.R. No. 156982, Sept. 2, 2004)
3. Shall not practice, directly or indirectly, any other profession during their tenure
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. [Art. VII, Sec. 13]
 The spouse and relatives by consanguinity or affinity within the 4th civil degree of the President
shall not, during his tenure, be appointed as: [MOSUCH]
a. Members of the Constitutional Commissions;
b. Office of the Ombudsman;
c. Secretaries;
d. Undersecretaries;
e. Chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries.
But if the spouse, etc., was already in any of the above offices at the time before his spouse became
President, he may continue in office. What is prohibited is appointment and reappointment, not
continuation in office.
Spouses, etc., can be appointed to the judiciary and as ambassadors and consuls.

Powers of the President (CAMEDRAP)

A. Executive and Administrative Powers [Art. VII, Sec.17]
B. Power of Appointment [Art. VII, Sec.16]
C. Power of Control and Supervision [Art. X, Sec.4]
D. Military Powers [Art. VII, Sec.18]
E. Pardoning Power [Art. VII, Sec.]
F. Diplomatic Power [Art. VII, Sec.21]
G. Powers Relative to Appropriation Measures [Art. VII, Sec.22]
H. Residual Powers

A. Executive and Administrative Powers

The President shall have control of all the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed [Art VII, Sec 17]

The President has the authority to carry out a reorganization of the Department of Health under the
Constitution and statues. This authority is an adjunct of the President ‘s power of control under art. VII,
secs 1 and 17, and it 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.
[Malaria Employees and Workers Association of the Philippines, Inc. v. Romulo, G.R. No. 160093, July 31,
2007]

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.

B. Power of Appointment

Definition: the selection, by the authority vested with the power, of an individual who is to exercise the
functions of a given office.

The President shall nominate and, with the consent of the Commission on Appointments, appoint the
heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the
armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested
in him in this constitution. He shall also appoint 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. The
Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the
courts, or in the heads of departments, agencies, commissions or boards. [Art VII, Sec 16]

Appointment is distinguished from:

(1) Designation – imposition of additional duties, usually by law, on a person already in the public
service.
The President has the power to temporarily designate an officer already in the government service
or any other competent person to perform the functions of an office in the executive branch.
Temporary designation cannot exceed one year.
(2) Commission – written evidence of the appointment.

The appointing power of the President is executive in nature. While Congress and the Constitution
in certain cases may prescribe the qualifications for particular offices, the determination of who among
those who are qualified will be appointed is the President’s prerogative [Pimentel v. Ermita, G.R. No.
164978, Oct. 13, 2005].
Appointment is a political question. So long as the appointee satisfies the minimum requirements
prescribed by law for the position, the appointment may not be subject to judicial review.
Kinds of Presidential appointments
1. Appointments made by an Acting President;
Shall remain effective unless revoked by the elected President within 90 days from his
assumption/re-assumption. [Art. VII, Sec. 14]

2. Midnight 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. [Art. VII, Sec. 15]
a. Those made for buying votes– Refers to those appointments made within two months
preceding the Presidential election and are similar to those which are declared election
offenses in the Omnibus Election Code; and
b. Those made for partisan considerations– Consists of the so-called “midnight”
appointments. (In Re: Hon. Valenzuela and Hon. Vallarta, A.M. No. 98-5-01-SC, Nov. 9,
1998)
c. The Court in the case of De Castro v. JBC, [G. R. No. 191002, March 17, 2010] ruled that
the prohibition against midnight appointment applies only to positions in the executive
department. Thus, the appointment of Chief Justice Corona was held valid. This ruling
effectively overruled In re: Mateo Valenzuela [A.M. No. 98-5-01-SC, November 9, 1998]
which extended the prohibition for midnight appointments to the judiciary.
d. The prohibition on midnight appointments only applies to presidential appointments. It
does not apply to appointments made by local chief executives. Nevertheless, the Civil
Service Commission has the power to promulgate rules and regulations to professionalize
the civil service. It may issue rules and regulations prohibiting local chief executives from
making appointments during the last days of their tenure. Appointments of local chief
executives must conform to these civil service rules and regulations in order to be valid
(Provincial Government of Aurora v. Marco, G.R. No. 202331, April 22, 2015).
3. Regular Presidential Appointments, with or without the confirmation by the CA; or

Elements in making a valid, complete, and effective Presidential appointment

 Authority to appoint and evidence of the exercise of the authority;
 Transmittal of the appointment paper signed by the President and evidence of the
transmittal;
It is not enough that the President signs the appointment paper. There should be evidence that
the President intended the appointment paper to be issued. Release of the appointment
paper through the Malacañang Records Office (MRO) is an unequivocal act that signifies the
President’s intent of its issuance
 A Vacant position at the time of appointment;
The incumbent must first be legally removed, or his appointment validly terminated,
before one could be validly installed to succeed him.
 Receipt of the appointment paper and Acceptance of the appointment by the appointee who
possesses all the qualifications and none of the disqualifications
The possession of the original appointment paper is not indispensable to authorize an appointee
to assume office. If it were indispensable, then a loss of the original appointment paper, which
could be brought about by negligence, accident, fraud, fire or theft, corresponds to a loss of the
office. However, in case of loss of the original appointment paper, the appointment must be
evidenced by a certified true copy issued by the proper office, in this case the Malacañang
Records Office.
Acceptance is indispensable to complete an appointment. Assuming office and taking the oath
amount to acceptance of the appointment. An oath of office is a qualifying requirement for a
public office, a prerequisite to the full investiture of the office.

Appointments to be made solely by the President [Art. VII, Sec. 16]

1. Those vested by the Constitution on the President alone;
2. Those whose appointments are not otherwise provided by law;
3. Those whom he may be authorized by law to appoint; and
4. Those other officers lower in rank those appointment is vested by law in the President
alone.

Presidential appointments that need prior recommendation or nomination by the Judicial

and Bar Council
1. Members of the Supreme Court and all lower courts [Art. VIII, Sec. 9]
2. Ombudsman and his 5 deputies

Appointments where confirmation of the Commission on Appointments is required

(This enumeration is exclusive!)
1. Heads of executive departments
GR: Appointment of cabinet secretaries requires confirmation.
XPN: Vice-president may be appointed as a member of the Cabinet and such appointment
requires no confirmation. [Art. VII, Sec. 3(2)]
2. Ambassadors, other public ministers and consuls– Those connected with the diplomatic
and consular services of the country.
3. Officers of AFP from the rank of colonel or naval captain
PNP of equivalent ranks and the Philippine Coast Guard is not included
 4. Other officers of the government whose appointments are vested in the President in the
Constitution [Art. VII, Sec. 16], such as:
o Chairman and Commissioners of the Constitutional Commissions (Sec 1 Art IX-B, Sec
1 (2) Art IX-B, Sec 1(2) Art Ix-D)
o Regular members of the Judicial and Bar Council (Sec 8 (2) Art VII)
o Sectoral representatives (Sec 7 Art XVIII, Sec 18 Art X)

Appointing procedure
Need CA Confirmation Does not need CA Confirmation
1. Nomination by the President
2. Confirmation by the CA 1. Appointment
3. Issuance of commission 2. Acceptance
4. Acceptance by the appointee

4. Ad-interim Appointments.
Purpose of ad interim appointment
Ad interim appointments are intended to prevent a hiatus in the discharge of official duties.
Obviously, the public office would be immobilized to the prejudice of the people if the President
had to wait for Congress and the Commission of Appointments to reconvene before he could fill
a vacancy occurring during the recess. (Guevara v. Inocentes, G.R. No. L-25577, March 15, 1966)

Nature of ad interim appointment

Ad interim appointments are permanent appointments. It is permanent because it takes effect
immediately and can no longer be withdrawn by the President once the appointee qualified into
office. The fact that it is subject to confirmation by the CA does not alter its permanent
character. In cases where the term of said ad interim appointee had expired by virtue of inaction
by the Commission on Appointments, he may be reappointed to the same position without
violating the Constitutional provision prohibiting an officer whose term has expired from being
re-appointed. (Matibag v. Benipayo, G.R. No. 130657, April 1, 2002)

B.1 Power of Removal

The power of removal may be implied from the power of appointment. However, the President
cannot remove officials appointed by him where the Constitution prescribes certain methods for
separation of such officers from public service, e.g. Chairmen and Commissioners of
Constitutional Commissioners who can be removed only by impeachment, or judges who are
subject to the disciplinary authority of the Supreme Court.

Members of the career civil service of the Civil Service who are appointed by the President may
be directly disciplined by him [Villaluz v. Zaldivar, 15 SCRA 710]

Members of 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

Sec. 8(2) of RA 6770 vesting disciplinary authority on the President over the Deputy Ombudsman
violates the independence of the Office of the Ombudsman and is, thus, unconstitutional.
 Subjecting the Deputy Ombudsman to discipline and removal by the President, whose own alter
egos and officials in the Executive Department are subject to the Ombudsman's disciplinary
authority, cannot but seriously place at risk the independence of the Office of the Ombudsman
itself. The law directly collided not only with the independence that the Constitution guarantees
to the Office of the Ombudsman, but inevitably with the principle of checks and balances that
the creation of an Ombudsman office seeks to revitalize. What is true for the Ombudsman must
be equally and necessarily true for her Deputies who act as agents of the Ombudsman in the
performance of their duties (Gonzales III v. Ochoa, G. R. No. 196231; Barreras-Sulit v. Ochoa,
G.R. No. 196232; Feb.26, 2014).

C. Power of Control and Supervision

Control of Executive Departments (Sec 17, Art VII)

Control - is the power of an officer to alter or modify or nullify or to set aside what a subordinate
has done in the performance of his duties and to substitute one's own judgment to that of a
subordinate. [Mondano v. Silvosa, G.R. No. L-7708, May 30, 1955]

Doctrine of Qualified Political Agency

Qualified political agency doctrine (also alter ego principle) ― all the different executive and
administrative organizations are mere adjuncts of the Executive Department, the heads of the
various executive departments are assistants and agents of the Chief Executive, and, except in
cases wherein the Chief Executive is required by the Constitution or by the law to act in person
or the exigencies of the situation demand that he act personally, the multifarious executive
and administrative functions of the Chief Executive are performed by and through the executive
depts., performed and promulgated in the regular course of business, are, unless disapproved or
reprobated by the Chief Executive, presumptively acts of the Chief Executive. [Free Telephone
Workers Union vs. Minister of Labor and Employment (1981)]

General Supervision over Local government units and the autonomous regions.
(1) The President shall exercise general supervision over local governments. [Sec 4, Art X]
(2) The President shall exercise general supervision over autonomous regions to ensure that laws
are faithfully executed. [Sec 16, Art X]

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. (Dadole v. COA, G.R. No. 125350, Dec. 3, 2002)

Differentiate between Supervision and Control

Supervision
 The supervisor or superintend merely sees to it that the rules are followed, but he himself
does not lay down such rules.
  The supervisor does not have the discretion to modify or replace them. If the rules are not
observed, he may order the work done or re-done but only to conform to the prescribed
rules. (Drilon v. Lim, G.R. No. 112497, Aug. 4, 1994)

Control
 An officer in control lays down the rules in the doing of an act.
 If the rules are not followed, the officer in control may, in his discretion, order the act undone or
redone by his subordinate or he may even decide to do it himself.
D. Military powers

Commander in chief powers:

(1) He may call out such armed forces to prevent or suppress lawless violence, invasion or
rebellion.
(2) He may suspend the privilege of the writ of habeas corpus, or
(3) He may proclaim martial law over the entire Philippines or any part thereof. [Sec. 18, Art.
VII].
Subject to judicial review to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction [Sec 1(2), Art VIII].

The President shall be the Commander-in-chief of all armed forces of the Philippines – Thus, in
case, the President prohibited a general from attending a hearing at the Senate. However, 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. The commander-
in-chief provision in the Constitution is denominated as Section 18, Article VII, which begins with
the simple declaration that “the President shall be the Commander-in-Chief of all armed forces
of the Philippines x x x” Outside explicit constitutional limitations, such as those found in Section
5, Article XVI, the commander-in-chief clause vests on the President, as commander-in-chief,
absolute authority over the persons and actions of the members of the armed forces. Such
authority includes the ability of the President to restrict the travel, movement and speech of
military officers, activities which may otherwise be sanctioned under civilian law. [Gudani v.
Senga, G.R. No. 170165, August 15, 2006].

Graduated Powers - Sec. 18, Art VII, grants the President, as Commander-in-Chief, a “sequence”
of “graduated powers.” From the most to the least benign, these are: the calling out power, the
power to suspend the privilege of the writ of habeas corpus, and the power to declare martial
law. In the exercise of the latter two powers, the Constitution requires the concurrence of two
conditions, namely, an actual invasion or rebellion, and that public safety requires the exercise
of such power. However, as we observed in Integrated Bar of the Philippines v. Zamora, ―these
conditions are not required in the exercise of the calling out power. The only criterion is that
‘whenever it becomes necessary,’ the President may call the armed forces ‘to prevent or
suppress lawless violence, invasion or rebellion.’ [Sanlakas v. Executive Secretary, 2004]

Calling out power (to call AFP to prevent lawless violence)

The declaration of a state of emergency is merely a description of a situation which authorizes
her to call out the Armed Forces to help the police maintain law and order. It gives no new
power to her, nor to the police. Certainly, it does not authorize warrantless arrests or control
of media. [David v. Arroyo, G.R. No. 171409, May 3, 2006]

There is no need for congressional authority to exercise the calling out power of the President
since calling out of the armed forces to prevent or suppress lawless violence is a power that the
Constitution directly vests in the President. As in the case where the President did not proclaim
a national emergency but only a state of emergency in 3 places in Mindanao and she did not act
pursuant to any law enacted by Congress that authorized her to exercise extraordinary powers.
[Ampatuan v. Hon. Puno, G.R. No. 190259, June 7, 2011]

Suspend the privilege of the writ of habeas corpus

Writ of habeas corpus is an order from the court commanding a detaining officer to inform the
court
 if he has the person in custody, and
 his basis in detaining that person.

Privilege of the writ is that portion of the writ requiring the detaining officer to show cause why
he should not be tested.

The privilege that is being suspended, and not the writ itself.

Requisites:
(1) There must be an invasion or rebellion (must be actual and not merely eminent), and
(2) The public safety requires the suspension.

Duration: Shall not exceed 60 days unless extended by Congress.

Effects of the suspension of the privilege:

 The suspension of the privilege of the writ applies only to persons "judicially charged" for
rebellion or offenses inherent in or directly connected with invasion [Art. VII, Sec.18(5)].
Such persons suspected of the above crimes can be arrested and detained without a warrant
of arrest.
 During the suspension of the privilege of the writ, any person thus arrested or detained shall
be judicially charged within 3 days, or otherwise he shall be released. [Sec.18(6), Art.
VII]
If the person arrested is not judicially charged nor released after 72 hours, the public officer
becomes liable under Art. 125 for "delay in the delivery of detained persons."
 The right to bail shall not be impaired even when the privilege of the writ of habeas corpus
is suspended. [Art. III, Sec. 13]

Declare Martial Law (all over the Philippines or in any part thereof).

Requisites:
(1) There must be an invasion or rebellion (must be actual and not merely eminent), and
(2) The public safety requires the suspension.

Duration: Shall not exceed 60 days unless extended by Congress.

The following cannot be done [Art. VII, Sec. 18(4)]
 Suspend the operation of the Constitution.
 Supplant the functioning of the civil courts and the legislative assemblies.
 Confer jurisdiction upon military courts and agencies over civilians, where civil courts are
able to function.
 Automatically suspend the privilege of the writ of habeas corpus.

The Role of Congress [Art. VII, Sec. 18, pars. 1-2]

 Upon such proclamation or suspension, Congress shall convene at once. If it is not in
session, it shall convene in accordance with its rules without need of a call within 24
hours following the proclamation or suspension.
 Within 48 hours from the proclamation or the suspension, the President shall submit a
report, in person or in writing, to the Congress (meeting in joint session of the action he
has taken).
 The Congress then shall vote jointly may revoke or extend the validity beyond the 60
days. When revoked, the President cannot set aside the revocation. Congress can only so
extend the proclamation or suspension upon the initiative of the President. The period
need not before another 60 days; it could be more or less, as Congress would determine,
based on the persistence of the emergency.
 If Congress fails to act before the measure expires, it can no longer extend it until the
President again re-declares the measure.

The Role of the Supreme Court [Art. VII, Sec. 18(3)]

 The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of:
(a) the proclamation of martial law or the suspension of the privilege of the writ, or
(b) the extension thereof. It must promulgate its decision thereon within 30 days from
its filing.
 The jurisdiction of the SC may be invoked in a proper case.

 Petition for habeas corpus:

(a) When a person is arrested without a warrant for complicity in the rebellion or
invasion, he or someone else in his behalf has the standing to question the validity of
the proclamation or suspension.
(b) Before the SC can decide on the legality of his detention, it must first pass upon the
validity of the proclamation or suspension.

 Test of Arbitrariness: The question is not whether the President or Congress acted correctly,
but whether he acted arbitrarily in that the action had no basis in fact. [IBP v. Zamora,
(2000)]

Four (4) ways Lifting the proclamation or suspension:

(1) Lifting by the President himself
(2) Revocation by Congress
(3) Nullification by the Supreme Court
 (4) By operation of law after 60 days

E. Pardoning Power

Executive Clemency
 Reprieves - It is the withholding of a sentence for an interval of time, a postponement of
execution, a temporary suspension of execution. [People vs. Vera, supra]
 Commutations - It is a remission of a part of the punishment; a substitution of a less penalty
for the one originally imposed. [People vs. Vera, supra]
 Amnesty - a sovereign act of oblivion for past acts, granted by government generally to a
class of persons who have been guilty usually of political offenses and who are subject to trial
but have not yet been convicted, and often conditioned upon their return to obedience and
duty within a prescribed time. (BLACK; Brown v Walker,161 US 602).
 Pardons - It is an act of grace proceeding from the power entrusted with the execution of
the laws, which exempts the individual on whom it is bestowed, from the punishment the law
inflicts for the crime he has committed. It is a remission of guilt, a forgiveness of the offense.
[People v Vera, supra]
Plenary vs Partial
Plenary - extinguishes all the penalties imposed upon the offender, including
accessory disabilities
Partial – does not extinguish all penalties imposed
Absolute vs Conditional
Absolute pardon - One extended without any conditions; totally extinguishes criminal
liability. The pardonee has no option at all and must accept it whether he likes it or not.
Conditional - One under which the pardonee is required to comply with certain
requirements. The offender has the right to reject the same since he may feel that the
condition imposed is more onerous than the penalty sought to be remitted.

 Remission of fines and forfeitures

o Except: In cases of impeachment, or if the Constitution provides otherwise
Pardons, Reprieves, Commutations and Remission of fines and forfeitures requires conviction
by final judgement while Amnesty requires concurrence of Congress.
Parole is a suspension of the sentence of a convict granted by a Parole Board after serving the
minimum term of the indeterminate sentence penalty, without granting a pardon, prescribing
the terms upon which the sentence shall be suspended.

Probation is a disposition under which a defendant after conviction and sentence is released
subject to conditions imposed by the court and to the supervision of a probation officer.

Limitations on the Pardoning Power

(1) Cannot be granted on impeachment cases. [Sec. 19, Art. VII].
(2) Cannot be granted in cases of violation of election laws without the favorable
recommendation of the COMELEC. [Sec. 5, Art. IX-C].
 (3) Can be granted only after conviction by final judgment (except amnesty).
(4) Cannot absolve the convict of civil liability.
(5) Cannot be granted to cases of legislative contempt or civil contempt.
(6) Cannot restore public offices forfeited.

F. Diplomatic Power

In our system of government, the President, being the head of state, is regarded as the sole
organ and authority in external relations and is the country ‘s sole representative with foreign
nations. As the chief architect of foreign policy, the President acts as the country ‘s mouthpiece
with respect to international affairs. Hence, the President is vested with the authority:
 to deal with foreign states and governments;
 extend or withhold recognition;
 maintain diplomatic relations;
 enter into treaties; and
 transact the business of foreign relations.
[Pimentel v. Executive Secretary, G. R. No.158088, July 6, 2005]

Treaty-making power
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. [Sec 21, Art VII]

Treaty is an international instrument concluded between States in written form and governed by
international law, whether embodied in a single instrument or in two or more related
instruments, and whatever its particular designation. [Bayan v. Executive Secretary, G.R. No.
138570, October 10, 2000].
It is the President who RATIFIES a treaty (not the Senate), the Senate merely CONCURES.
[Bayan v. Executive Secretary]

Requisites of Executive Agreement:

 The agreement must be between states;
 It must be written; and
 It must be governed by international law
[China National Machinery and Equipment Corporation v. Sta. Maria, G.R. No. 185572, Feb. 7,
2012]

Two Classes of Executive Agreements

(1) Agreements made purely as executive acts affecting external relations and independent of
or without legislative authorization, which may be termed as presidential agreements; and
(2) Agreements entered into in pursuance of acts of Congress, or Congressional-Executive
Agreements.

Deportation of undesirable aliens

  This power is vested in the President by virtue of his office, subject only to restrictions as
maybe provided by legislation as regards to the grounds for deportation (Revised
Administrative Code, Sec. 69).
 In the absence of any legislative restriction to, the President may still exercise this power.
 The power to deport aliens is limited by the requirements of due process, which entitles
the alien to a full and fair hearing.
 An alien has the right to apply for bail provided certain standard for the grant is necessarily
met (Government of Hong Kong v. Olalia, G.R. No.153675, April 19, 2007).

2 ways of deporting an undesirable alien:

1. by order of the President after due investigation, pursuant to section 69 of the Revised
Administrative Code
2. by the Commissioner of Immigration under section 37 of the immigration Law [Qua Chee
Gan v. Deportation Board, supra]
There is no legal nor constitutional provision defining the power to deport aliens because the
intention of the law is to grant the Chief Executive the full discretion to determine
whether an alien‘s residence in the country is so undesirable as to affect the security,
welfare or interest of the state.
The State has inherent power to deport undesirable aliens. This power is exercised by the
President.
The Chief Executive is the sole and exclusive judge of the existence of facts which would
warrant the deportation of aliens. [Go Tek vs Deportation Board (1977)]

G. Powers Relative to Appropriation

Contracting and guaranteeing foreign loans

Requisites for contracting and guaranteeing foreign loans:
(1) With the concurrence of the monetary board [Sec 20, Art VII]
(2) subject to limitations as may be provided by law [Sec 21, Art XII]
(3) information on foreign loans obtained or guaranteed shall be made available to the public
[sec 21, Art XII]

 The President recommends the appropriation for the operation of the Government as
specified in the budget. [Art. VI, Sec. 25(1)]
 The President, may, by law, be authorized to augment any item in the general
appropriations law for his respective office from savings in other items of his respective
appropriations. [Art. VI, Sec. 25(5); Demetria v. Alba, G. R. No. 71977, February 27, 1987
and Araullo v. Aquino III, G.R. No. 209287, July 1, 2014]
 The 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. [ Art. VI, Sec. 27(2)]
 Power to execute or implement GAA through a program of expenditures to be approved by
the President. (TESDA v. COA, G.R. No. 196418, Feb. 10, 2015)
 The President does not need prior approval by the Congress
o Because the Constitution places the power to check the President ‘s power on the
Monetary Board
 o Congress may provide guidelines and have them enforced through the Monetary
Board.

Veto Power

All bills must be approved by the President before they become law
Except:
(1) the veto of the President is overridden by 2/3 vote of all the Members of the House where
it originated;
(2) the bill lapsed into law because the inaction of the President; and
(3) the bill passed is the special law to elect the President and Vice-President.

H. Residual Powers

The powers of the President cannot be said to be limited only to the specific power
enumerated in the Constitution. Executive power is more than the sum of specific powers so
enumerated. The framers did not intend that by enumerating the powers of the President he
shall exercise those powers and no other. Whatever power inherent in the government that is
neither legislative nor judicial has to be executive. These unstated residual powers are implied
from the grant of executive power and which are necessary for the President to comply with his
duties under the Constitution. (Marcos v. Manglapus, G.R. No. 88211, Oct. 27, 1989)

Emergency Power
Congress may grant the President emergency powers subject to the following conditions:
 In times of war or other national emergency
 Limited period
 Subject to such restrictions as it may prescribe
 exercise powers necessary and proper to carry out a declared national policy
Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof. [Art. VI, Sec. 23(2)]

RULES ON SUCCESSION
At the beginning of their terms.

 In case of death or permanent disability of the President-elect the Vice-President elect

shall become President.
 In case the President fails to qualify and/or not have been chosen the Vice-President
elect shall serve as President until the President shall have been chosen and/or
qualified.
 In case both the President and Vice-President fails to qualify and/or not have been
chosen, or where both of the died or become permanently disabled, the Senate
President or, in case of his inability, the Speaker of the House of Representatives shall
act as President until a President or a Vice-President shall have been chosen and
qualified.
  In case of death, permanent disability, or inability of all of them, the President, the
Vice-President, the Senate President and the Speaker of the House of Representative,
The Congress shall, by law, provide for the manner in which one who is to act as
President shall be selected until a President or a Vice-President shall have qualified.

During the incumbency of the President

 In case of death, permanent disability, removal from office, or resignation of the

President, the Vice-President shall become the President to serve the unexpired term.
 In case of death, permanent disability, removal from office, or resignation of both the
President and Vice-President, the Senate President or, in case of his inability, the
Speaker of the House of Representatives, shall then act as President until the President
or Vice-President shall have been elected and qualified.
During the incumbency of the Acting President

 The Congress shall, by law, provide who shall serve as President in case of death,
permanent disability, or resignation of the Acting President. He shall serve until the
President or the Vice-President shall have been elected and qualified and be subject to
the same restrictions of powers and disqualifications as the Acting President.