University of San Carlos

Department of Political Science

Philippine Government & Constitution

Art VII. Executive Department

Constitution of Governments

Members of the Executive Department

PRESIDENT
Vice President
Cabinet Members
Presidential Offices
(local chief executives in the local level)
e.g. Governor, Vice- governor, Mayor, Vice-mayor, Punong barangay (Brgy
Captain, Sangguniang kabataan (SK Chairman)

Qualifications
President

Vice-President

Citizenship: Natural-born Filipino

- ditto -

Age: at least 40 yrs old

- ditto -

Residence: At least 10 yrs prior to election

- ditto -

Literacy: Able to read and write

- ditto -

Other qualifications: Registered voter

- ditto -

How chosen:
When:

Elected by direct vote

2nd Monday of May

Election contests are resolved : Supreme Court en banc

Max. no. of terms: 1

No. of years per term: 6

Re-election/s: - NA -

Removal from office:

Salaries/Privileges:

Lapse of term, Impeachment

Determined by law
Increase is effective only after expiration of full term of the
incumbent when increase was approved

Powers and Limitations

Executive power
Veto Power
Power of Appointment
Power of Control
General Provisions over
LGUs & Autonomous
Regional Governments
Emergency Powers
Military Power as AFP
Commander-in-Chief

Pardoning Power
Diplomatic or
Treaty/Agmt-Making
Budgetary Power
Tariff Powers
Borrowing Power
Informing Power

Executive Power
Power to administer the laws, which means
carrying them into practical operation and
enforcing their due observance.

Veto Power
President returns bill to the House of origin
with written objections w/in 30 days from
receipt of the bill

Power of Appointment
This presupposes the power of removal
Limit against midnight approval and nepotism
Appoint the heads of the different executive
departments
Appoint ambassadors, consuls and public
ministers
Appoint armed forces personnel from the rank of
colonel or naval captain

Power of Control
The President shall have control of all the
executive departments, bureaus, and office. He
shall ensure that the laws be faithfully executed
Power to alter, modify, nullify or set aside what
subordinate officer/s did in performance of
duties & substitute judgment
Also includes discipline of COMELEC deputies

General Supervision over LGUs &

Autonomous Regional Governments
The president has control of all the executive
departments, bureaus, and offices, he has only
the power of general supervision over all local
governments.

Emergency Powers
In times of war or other national emergency
(e.g. rebellion, grave economic depression), the
Congress, may, by law, authorize the
President, for a limited period and subject to
such restrictions as it may prescribe, to
exercise powers necessary and proper to
carry out a declared national policy.

Military Power
President = AFP Commander-in-Chief
Lawless violence, Invasion, Rebellion:
1.) Call on AFP to suppress Invasion or Rebellion
If public safety requires :
2.) Declare martial law &/or
3.) Suspend the Privilege of the Writ of Habeas
Corpus

Note
1.) Report to Congress within 48 hours;
2.) Subject to revocation or extension by
Congress
3.) Subject to SC ruling
4.) Expires 60 days after
5.) Persons not charged and put to trial within 3
days will be released

Pardoning Power
Perform acts of CLEMENCY to violators of the law:

Pardon an act of forgiveness, relieves the offender from

the consequences of the offense
Amnesty grant oblivion or a general pardon for a past
offense granted to persons who have committed crimes
of a political character
Commutation reduction of the sentence imposed to a
lesser punishment, as from death to life imprisonment
Reprieve postponement of the execution of a death
sentence to a certain date.
Remission and Forfeiture of Fines prevents the
collection of fines or the confiscation of forfeited
property.

Diplomatic or Treaty/Agmt-Making
Treaty a compact made between two or
more
states,
including
international
organizations of states, intended to create
binding rights and obligations upon the parties
thereto.
Negotiate foreign treaties
Must be with concurrence of 2/3 of Senate

Budgetary Power
Prepare the national budget
The submission must be within 30 days from
the opening of the regular session of Congress

Tariff Power
The Congress is authorized by the Constitution
to delegate to the President its power to fix
w/in specified limits tariff rates, import and
export quotas, etc.

Borrowing Power
The Pres. may contract foreign loans on behalf
of the Republic of the Philippines w/out need
of prior congressional approval (urgency &
avoid obstruction)
Must be with the concurrence of the Monetary
Board and report to Congress

Informing Power
SONA State of the Nation Address
- Presidents Report
- Guidelines of national policy
Start of the regular session address the
Congress at the opening of its regular session
Any time

Prohibition
Double Compensation- a law increasing the
salary of the Pres & V. Pres shall not benefit
the incumbent President or Vice-President at
the time of the enactment of the said law. For
the increase will take effect after the
expiration of the term.
Holding any other office

Causes of Vacancy

Death
Permanent Disability
Resignation
Impeachment

Causes of Vacancy
Written declaration the s/he is unable to
discharge the powers and duties of the Office
If a majority of the Cabinet makes a written
declaration that the President cannot
discharge the powers and duties of the Office

More on Vacancy
The President can, at a later time, inform
Congress s/he is fit to perform her/his duties
again
Congress can judge otherwise by a 2/3 vote of
both houses voting separately.

Even More on Vacancy

If the President falls seriously ill
- The public shall be informed of his/her state of
health
- Members of the Cabinet in charge of national
security and foreign relations shall have access
to the President
- The Chief of Staff of the Armed Forces shall
have access to the President

Presidential Succession
If the President-elect fails to qualify, the VP-elect
shall act as Pres. Until Pres-elect shall have
qualified.

If Pres. not chosen, VP-elect will act as Pres. Until a

pres. shall have been chosen and qualified
If at beginning of term Pres-elect dies or
permanently disabled, VP shall become pres.

Presidential Succession
Where no Pres. and VP shall have been chosen
or qualified, or both have died or become
permanently disabled, the President of the
Senate or in case of his inability, the Speaker
of the House of Representatives shall act as
Pres until a Pres and VP shall have been
chosen and qualified.

Presidential Succession
In case of death, permanent disability, removal
from office, or resignation of:
Pres VP shall become Pres. serve the
unexpired term
VP President of the Senate shall act as Pres
Inability of SP Speaker of the HR shall act as
Pres

Vacancy in the Offices of both Pres. and

Vpres.
Law calling for a SPECIAL ELECTION
No special election w/in 18 months before the
date of the next Presidential election.