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EXECUTIVE
BRANCH
The Executive
Branch
EXECUTIVE POWER
It is the power to enforce and
administer the laws (Cooley, Constitutional
Limitation, 8th ed., p. 183)
Qualifications
Term of
The Office
President and Vice-
President shall be
elected by the people
for six (6) years. (Art.
VII, Sec 4(1)
Shall not be eligible for
any re-election
No Person who has
succeded as President
xxx for more than 4
years shall be qualified
xxx (Art. VII, Sec 4)
Election
1.)Regular Second
Monday of May, every six
years
2.)Speciala.) Death, Disability,
Removal from office or
Resignation
b.) Vacancies occur more
than eighteen months
before next election
c.) A law passed by
congress
Salaries
President
Shall receive an annual salary of three
hundred thousand pesos (Php 300,000).
Vice President
Two hundred forty thousand pesos.
Vice-President
Qualifications are same with
the President.
Eligible for the position of
member of the Cabinet(no
need for CA confirmation)
Allowed to serve for two
successive terms.
Presidential
Succession(Sec 7-8)
2 sets of rule:
a.) Occuring before
the term
b.) Occuring midterm
RULES ON SUCCESSION
Vacancy at the beginning of the
term:
Death or permanent disability
of the President-elect
VP-elect shall become
President
President-elect fails to qualify
VP-elect shall ACT as
POWERS OF THE
PRESIDENT
1.) Executive Power
2.) Power of
Appointment
3.) Power of Removal
4.) Power of Control
5.) Military Powers
6.) Pardoning Power
1. Executive Power
President shall have the control of all
executive departments, bureaus, and
offices. He shall ensure that laws are
faithfull executed (Art. VII, Sec.17)
Until and unless a law is declared
unconstitutional, the President has a
duty to execute it regardless of his
doubts as to its validity(Faithful
Execution Clause) (Cruz, Phil. Political Law)
2. Power of Appointment
Selection by the authority vested with
the power, of an individual who is to
exercise the functions of a given office.
Kinds of Presidential
Appointment(Sec.15)
2. Power of Appointment
APPOINTMENT the act of
designation by the executive officer,
board, or body to whom the power
has been delegated, of the individual
who is to exercise the functions of a
given office.
2. Power of Appointment
Sec. 14.
Appointments extended by an Acting
President shall remain effective, unless
revoked by the elected President
within ninety days from his assumption
Acting
President:
or
reassumption
of
office.
2. Power of Appointment
Sec. 15.
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
2. Power of Appointment
Sec. 16.
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 consul, 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
department, agencies, commissions, or boards.
The President shall have the power to make the
appointments during the recess of the Congress whether
1. Regular appointments
2. Ad interim appointments
1. Regular appointments
Nomination by the
President
Consent by the
Commission on
Appointments
Appointment by the
President
2. Ad interim appointments
Voluntary- before the adjournment
Compulsory- when Congress adjourns
Temporary or acting
ACCEPTANCE
Kinds of Acceptance:
Express- when done verbally or in writing; and
Implied- when, without formal acceptance, the
appointee enters upon the exercise of the duties and
functions of an office.
DESIGNATION- simply the mere imposition of new or
additional duties upon an officer already in the
government service (or any other competent person)
to temporarily perform the functions of an office in
the executive branch when the officer regularly
appointed to the office is unable to perform his
duties or there exists a vacancy
3. Power of Removal
General Rule: This power is
implied from the power to
appoint(Cruz)
Exception Those appointed by
him where the Constitution
prescribes certain methods for
separation from public service.
3. Power of Control
Control The power of an officer to alter,
modify, nuillify, or set aside what a
subordinate officer had done in the
performance of his duties and to substitute the
judgement of the former for that of the latter.
Supervision Overseeing or the power or
authority of an officer to see that subordinate
officers perform their duties. If the latter fail
or neglect to fulfill them, then the former may
take such action or steps as prescribed by law to
make them perform these duties.
Doctrine of Qualified
Political Agency or Alter Ego
Principle
The multifarious executive and
administrative functions of the Chief
Executive are performed by and
through the executive departments.
The acts of the Secretaries of
Executive departments xxx in the
regular course of business or unless
dispproved xxx are presumptively the
acts of the Chief Executive.
4. Military Powers
1.) Commander-in-Chief clause
To call out the Armed Forces to prevent or
suppress lawless violence, invasion or
rebellion(whenever it becomes neccessary);
Vested directly by the Constitution
Authority to declare a state of rebellion
Military Tribunals are simply instrumentalities
of the executive power provided by the
legislature for the Commander-in-Chief to aid
him in enforcing discipline in the armed forces.
4. Military Powers
2.) Suspension of writ of Habeas Corpus
A writ directed to the person detaining another,
commanding him to produce the body of the prisoner at
a designated time and place xxx the object of which is
the liberation of those who may be in prison without
sufficient cause.
Ground for suspension: invasion, rebellion, when public
safety requires it
4. Military Powers
3.) Martial LAW
Grounds for declaration: Invasion and
Rebellion
4. Military Powers
Constitutional Limitations of Martial LaW
And the suspension of privilege of
Habeas Corpus:
Ways to lift proclamation or
Not more suspension:
than 60 days, unless extended by
congress I. By the President himself
by Congress
President II.
to Revocation
report to congress
within 48
III. Nullification by the Supreme
hours
Authority of Court
the congress to revoke or extend
IV. By operation of law after 60
Authority of days
the Supreme Court to inquire of
the factual basis for such action
5. Pardoning Power
The pardoning power extends to all
offenses, including criminal contempt
(disrespect to or disobedience to a
court which amounts to a crime). It
does not give the President the
power to exempt, except from
punishment, anyone from the law.
5. Pardoning Power(Sec.19)
As to effect:
a.)Plenary or b.)Partial
As to presence of
condition:
a.)Conditional Pardon or
b.)Absolute Pardon
5. Pardoning Power(Sec.19)
Amnesty A general pardon to
rebels for their treason or
political offence; it so overlooks
and obliterates the offnse with
which he is charged.
Person released by amnest
stands before the law precisely
as though he had committed
no offense.
5. Pardoning Power(Sec.19)
Other forms of Executive Clemency:
Reprieve- postponement of the execution of a
death sentence to a certain date.
Commutation- reduction of the sentence imposed
to a lesser punishment, as from death to life
imprisonment. It may be granted without the
acceptance and even against the will of the
convict.
Pardon- 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 law inflicts for a crime he has
committed.
5. Pardoning Power(Sec.19)
Other forms of Executive Clemency:
Parole release from imprisonment,
but without full restoration of
liberty(in custody of law although
not in confinement
Remission of fines and forfeiture
Prevents the collection of fines and
confiscation of forfeited property;
cannot affect rights of third party
and money already in the treasury.
Kinds of pardon
Absolute
Conditional
Effects of Pardon
1. It removes penalties and disabilities and
restores him to his full civil and political
rights.
2. It does not discharge the civil liability of
the convict to the individual he has
wronged as the President has no power to
pardon a private wrong.
3 It does not restore offices, property, or
rights vested in others in consequence of
the conviction.
. Diplomatic Power(sec.21)
No treaty or international agreement shall be valid and
effective unless concurred in by atleast 2/3 of all the
Members of the Senate
The power to ratify is vested in the President, subject
to the concurrence of the Senate.
Other foreign affairs powers:
a.) power to make treaties
b.) the power to appoint ambassadors, public ministers,
and consuls
c.) power to receive ambassadors and other public
ministers
d.) Deportation Power
Approval or
ratification
8. Budgetary Power
Within 30 days from the opening of every
regular session, President shall submit to
Congress a budget or expenditures and
sources of financing, including receipts
from existing and proposed revenue
measure.
Congress may not increase the
appropriation recommended by the
President for the operation of the
Government as specified in the budget.
9. Informing Power
The President shall address
Congress at the opening of its
regular session. He may also
appear before it at any other
time.
The information may be needed
for the basis of legislation(Cruz)
The President usally discharges
the informing power through
what is known as the State of
the Nation Address
Other Powers
a.) Call to Congress to a special session
b.) Approve or veto bills
c.) Deport Aliens
d.) Consent to deputization of government
personnel by COMELEC and discipline
them
e.) Exercise emergency(war, law, limited,
necessary) and Tariff powers
f.) Power to classify or reclassify lands