EXECUTIVE POWERS

THE EXECUTIVE POWER IS VESTED IN THE PRESIDENT OF THE PHILIPPINES WHICH IS GENERALLY DEFINES AS THE POWER TO ENFORCE AND ADMINISTER THE LAWS. THE SCOPE OF THIS POWERS IS SET FORTH IN ART. VII OF THE CONSTITUTION.
a) b) c)

The President shall have the control of all the executive department, bureaus and offices. Exercise general supervision over all local government as may be provided by law. Take care that the laws be faithfully executed.

BUT THIS POWER IS NOT LIMITED SET FORTH THEREIN. T H E P O W E R O F R E M O V A L A N D A P P O I N T M E N T .

The implied power to remove localofficals.

I N H E R E N T

POWER/RESIDUAL POWER.

Cases:

1.

NEA v. COA

The power to enforce and administer the laws.It is the power of carrying out the laws intopractical operation and enforcing their due observance.. For being the President,he provides for rules of a general oir permanentcharacter in the implementation or execution of constitutional or statutory powers like executive orders,administrative orders,proclamations memorandum orders and circulars. Example: Executive Order # 389(Implimentation of salary increase payments) Providedi on the rules on National Government Budgeting as prescribed by the adminitrative code.. 1. Budget Preparation 2. Budget Authorization 3. Budget Execution 4. Budget Accountability

2. Domingo et all V. Zamora The Office of the President is the nerve center of the Executive Branch. All office of the President is the command post of the President. The capable of being shaped and reshaped bt the President in the manner that he deems fir to carry out directives and policies. The continuing authority of the President to reorganize his office..inorder to achieve simplicity, economy, and efficiency shall have the continuing authority to reorganize the administrative structure of the President.

3. VillenaV. Secretary of Interior.

THE POWER OF SUPERVISION.

Doctrine of QualifiedPolitical Agency (alter egoprinciple)-Acts of the Secretariesof executive department,when performed and promulgated in the regularcourse of business or unless disapprvoed on reprobated bythe chief executive,presumptively the acts of thechief ev\xecutive.Thesecretary of interior is invested with the authority toorder the investigationof the charges against the petitionerand to appoint aspecial investigation for that purpose. Since all executive and adminitrative organizations are adjunts of the executive dept.,the heads ofsuchdepts,etc. are assistants andagents of the President.Thus the acts ofthese depatment heads whichare performed and promulgated in the regular course ofbusinessare presumptively theacts of the President. 4. Lacson V. Roque,Mondano V. Silvosa The presidents power of general supervision over local governments could be exercised by him only as maybe provided by Law in accordance with theconstitutionallimitation. Presidents supervisory authority over municipal affairs is qualified bythe provisoas may be provided by law is a clear manifestation or indication of constitutional intention that the provisionwasnot to beselfexecuting but requires legislative implementation.And thiusrefers to the supervision bya state official over thosewhoassist him inhis work of enforcement of the laws.
1. 2. 3. 4.

Under article V of theconstitution : The president mayexercise the power to remove by implication. = 4constitutional sources = From his power to see that the laws are faithfully executed From theExecutive power From his power toappoint From the constitutional provision that anofficer may be removed for Cause.Ths cause refers to the performance of hisduties which conctittute/involving neglect ofduty,oppression,corruption or anyotherformof maladministration of office.
Distinctionbetweenthe Powerof Control and Power of Supervision: Power ofControl= the powerof anofficer toalter,modify,nullify orset aside what asubordinate officer had done intheperformance ofhisduties and to substitute the judgementof the formerforthe of the later.

=it expresses a negative,forbidding,preventive.

Power of Supervision=this is thepowerofasuperior officer toensurethat the laws arefatihfully executedbysubordinates.

5. Marcos V. Manglapus